HomeMy WebLinkAbout04/25/2023 PACKET BEAUMONT
TEXAS
MEETING OF THE CITY COUNCIL
COUNCIL CHAMBERS — CITY HALL — 801 MAIN STREET
TUESDAY, APRIL 25, 2023
5:30 PM
AGENDA
CALL TO ORDER
• Invocation Pledge Roll Call
• Proclamations, Presentations and Recognitions
- Presentation on Carbon Sequestration (Caliche Development Partners II)
• Public Comment— Persons may speak on the Consent Items A— J and Item 1.
• Consent Agenda
CONSENT AGENDA
(Items placed on the Consent Agenda are considered routine in nature and are considered
noncontroversial. 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 April 18, 2023 City Council Meeting Minutes
B. Authorize the settlement of the lawsuit styled Melanie Moye Comeaux v. City of
Beaumont.
C. Authorize the creation of a Charter Review Committee.
D. Approval of the appointment of members to the Charter Review Committee.
E. Approval of the replacement of the Police video storage system from Sirius
Computer Solutions, LLC of San Antonio, TX.
F. Authorize the transfer of a Drainage Easement to Jefferson County Drainage
District No. 6.
G. Approval of an annual contract for the purchase of Cement Slurry for street
rehabilitation.
H. Authorize payment in the amount of$85,962.36 to Gulf Coast Electric Co., Inc., of
Beaumont, for repairs at the Wastewater Treatment Plant for damages that
occurred due to an electrical fire in the MCC1 Building.
I. Authorize an increase in salary and allowances for Mayor and City Council.
J. Approval of the purchase of server hosting for the Cityworks and ArcGIS servers
by NewEdge Services, LLC of Frisco, TX.
REGULAR AGENDA
1. Consider authorizing the City Manager to enter into a 380 Economic Development
Agreement as well as a lease agreement with CDP II CO2 Sequestration, LLC of
Houston, Texas for economic development incentives during the development of
a carbon sequestration facility within City property.
2. Consider a request for amendments to the Zoning Ordinance concerning the Board
of Adjustment, Section 28.02.005(3)(B).
3. Consider approving a Specific Use Permit to allow swimming lessons in the RS
(Residential Single-Family Dwelling) District located at 4890 Brace Street.
4. Consider approving an Amended Specific Use Permit to expand a parking lot in
the GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District located at
1350 W. Lucas Drive.
5. Consider approving a Specific Use Permit to allow a carpentry business in the GC-
MD (General Commercial-Multiple Family Dwelling) District located at 1009
Orange Avenue.
6. Consider approving a Specific Use Permit to allow a gaming facility in the GC-MD
(General Commercial-Multiple Family Dwelling) District located at 2560 Interstate
10 East.
7. Consider approving a Specific Use Permit to allow a gaming facility in the GC-MD
(General Commercial-Multiple Family Dwelling) District located at 3010
Washington Boulevard.
8. Consider approving a request to abandon a portion of the Carpenter Road right-
of-way.
COMMENTS
• Public Comment (Persons are limited to 3 minutes)
• Councilmembers/City Manager/City Attorney comment on various matters
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: Kenneth R. Williams, City Manager
PREPARED BY: Tina Broussard, TRMC, City Clerk
MEETING DATE: April 25, 2023
REQUESTED ACTION: Council consider approval of the April 18, 2023 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, Ward III APRIL 18, 2023 Chris Durio, Mayor Pro Tem
Tina Broussard, City Clerk Kenneth R. Williams, City Manager Sharae Reed, City Attorney
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 April 18, 2023, at the
Lakeside Center Multipurpose Room, 150 Magnolia Street, Beaumont, Texas, at 1:30 p.m. to
consider the following:
OPENING
* Invocation Pledge of Allegiance Roll Call
* Proclamations, Presentation and Recognition
Presentation on Charter Review
* Public Comment: Persons may speak on the Consent Agenda/Agenda items 1-4
Mayor Mouton called the council meeting to order at 1:30 p.m.
Pastor James Barker with Greater Zion Baptist 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 Tem Durio, Councilmembers Getz, Turner,
Feldschau, Samuel and Neild. Also, present were Kenneth Williams, City Manager; Sharae Reed,
City Attorney; Tina Broussard, City Clerk.
Proclamation - "American Cancer Society Relay for Life Day" —April 2023 — Proclamation read
by Mayor Mouton, accepting Josh and Thomas Davis, Relay for Life Event Chairs and Mrs. Kathy
Chesser, American Cancer Society Community Development Manager
Proclamation - "75th Anniversary of the Fair Housing Act" —April 2023 - Proclamation read by
Mayor Pro Tem Durio, accepting Jes Prince, City of Beaumont Community Development Block
Grant Housing Manager
Proclamation - "National Crime Victims Week" — April 23-29, 2023 - Proclamation read by
Councilmember Getz, accepting Misty Carver, Jefferson County Director of Victim's Assistance
Center
Proclamation - "Biker's Against Child Abuse Hero's Weekend" — April 28-30, 2023 -
Proclamation read by Councilmember Samuel, accepting Ms. French, Beaumont Chapter President
for BACA
Minutes— April 18,2023
Recognition - "Connect Realty, American Cancer Society-Connect the Community Event" -
April 20, 2023 - Recognition read by Councilmember Neild, Accepting Mike Deluna, VP- Connect
Realty SETX
Public Comment: Persons may speak on the Consent Agenda/Agenda Items 1-4
Kenneth Earls 1265 Condon Beaumont TX
Spoke regarding Items B, D & H on the Consent Agenda
Addie Allen 9695 Gross Beaumont TX
Spoke regarding Items B, D & H on the Consent Agenda
Jennifer Trenbeath 2020 Chevy Chase Beaumont TX
Spoke regarding Item #4 on the 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. An Approval of the April 4, 2023, City Council Meeting Minutes
B. Authorize the City Manager to award a contract to Greenscapes Six, LLC, of Baytown, for the
Cattail Marsh Sidewalk Trail Project — Resolution 23-094
C. Approval of the purchase of Self-Contained Breathing Apparatus (SCBA) for use by the
Fire Department - Resolution 23-095
D. Amend an Industrial District Agreement with Arkema - Resolution 23-096
E. Approval of the Chief Financial Officer to execute all documents necessary to accept funding
from the Texas Department of State Health Services (DSHS) in the amount of$150,053.00
awarded to the Beaumont Public Health Department - Resolution 23-097
F. Approval of the Chief Financial Officer to execute all documents necessary to accept funding
from the Texas Department of State Health Services (DSHS) in the amount of $48,622.00
awarded to the Beaumont Public Health Department - Resolution 23-098
G. Authorize the City Manager or his designee to apply for and receive funding in an amount up
to $70,000 through the U.S. Department of Justice Project Safe Neighborhoods Block Grant
Program (PSN) - Resolution 23-099
H. Authorize the City Manager to enter into an agreement with Capital Edge of Washington D.C.
to provide federal advocacy and advising consulting services - Resolution 23-100
Authorize the City Manager to apply for and receive grant funds from the Foundation for
Southeast Texas, HEB, and Entergy, for the Annual Summer Reading Program - Resolution
23-101
Minutes— April 18,2023
Councilmember Getz moved to approve the Consent Agenda. Councilmember Turner
seconded the motion.
AYES: MAYOR MOUTON, MAYOR PRO TEM DURIO, COUNCILMEMBERS GETZ,TURNER,
FELDSCHAU, SAMUEL AND NEILD
NAYS: NONE
MOTION PASSED
1. Consider awarding multiple contracts for the purchase of inventory materials to be used in
the Water Utilities Department.
The City maintains an annual contract for couplings, pipe fittings, valves, fire hydrants and
other related materials for use by the Water Utilities Department. The materials are used in
the repair and maintenance of existing water and sewer lines and installation of new service
lines.
Specifications required bidders to submit pricing for 177-line items with an estimated annual
usage, separated into fifteen (15) specific sections. Bids were evaluated upon the lowest
total price per section on an all or none basis and which provides the best value to the City.
Only bidders providing pricing for every item within each section were considered and only
items that met specifications and requirements were awarded. Pricing is to remain firm for
the term of the one-year contract. Specifications also required all bids involving brass
materials to be quoted with items that are certified NSF6 lead-free compliant and are of
domestic (USA) manufacture.
Bids were requested from ten vendors and three responses were received. The
administration recommends award of sections 1,2,3,4,5,6,7,9,11,12,13, and 15 to Core &
Main of Beaumont at an estimated cost of$2,115,863.90, sections 10 and 14 to Coburn's of
Beaumont at an estimated cost of $91,451.20, and section 8 to Rural Pipe & Supply of
Jasper with an estimated cost of $36,695. The total estimated contract value of
$2,244,010.10 represents a 16% increase on the current contract.
Funds will come from the Water Utilities Fund.
Approval of the resolution.
Councilmember Getz moved to APPROVE A RESOLUTION THAT THE BID SUBMITTED BY CORE AND
MAIN OF BEAUMONT, TEXAS, COBURN'S OF BEAUMONT, TEXAS, AND RURAL PIPE & SUPPLY OF
JASPER,TEXAS, IN THE AMOUNT OF$2,244,010.10 FOR THE PURCHASE OF INVENTORY MATERIALS
FOR USE BY THE WATER UTILITIES DEPARTMENT BE ACCEPTED BY THE CITY OF BEAUMONT;AND THE
CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE A CONTRACT WITH CORE AND MAIN
OF BEAUMONT,TEXAS,AND COBURN'S OF BEAUMONT,TEXAS AND RURAL PIPE&SUPPLY OF JASPER,
TEXAS. Mayor Pro Tem Durio seconded the motion.
AYES: MAYOR MOUTON, MAYOR PRO TEM DURIO,COUNCILMEMBERS GETZ,TURNER,
FELDSCHAU, SAMUEL AND NEILD
NAYS: NONE
Minutes— April 18,2023
MOTION PASSED
RESOLUTION 23-102
2. Consider authorizing the City Manager to award a contract to Texas Drainage, Inc., of Waller,
for the FY23 Citywide Ditching Program Phase 1 B.
The FY23 Citywide Ditching Program Phase 1 B consists of the excavation and removal of
excess material of approximately 148,107 linear feet of existing roadside ditches. The
program also provides for the replacement of 213 driveway culverts. The work for this phase
is to take place in the designated areas of Wards 1 and 4.
On April 6, 2023, two (2) bids were received for furnishing all labor, materials, and equipment
for the project. The Engineer's Estimate is $1,573,731.00. The bid totals are indicated in the
table below:
Contractor Location Base Bid Amount
Texas Drainage, Inc. Waller, TX $1,389,945.66
BDS Constructors LLC dba MK Vidor, TX $1,893,681.98
Constructors
The Public Works Engineering staff recommends this project be awarded to the lowest
bidder, Texas Drainage, Inc., in the amount of$1,389,945.66. A total of 200 calendar days
are allocated for completion of the project.
Funds will come from the Capital Program.
Approval of the resolution.
Councilmember Samuel moved to APPROVE A RESOLUTION THAT THE BID SUBMITTED BY TEXAS
DRAINAGE, OF WALLER, TEXAS, IN THE AMOUNT OF $1,389,945.66 FOR THE FURNISHING OF ALL
LABOR, MATERIALS, AND EQUIPMENT FOR THE FY23 CITYWIDE DITCHING PROGRAM PHASE 1 B
PROJECT BE ACCEPTED BY THE CITY OF BEAUMONT,TEXAS,AND THAT THE CITY MANAGER BE AND HE
IS HEREBY AUTHORIZED TO EXECUTE A CONTRACT WITH TEXAS, DRAINAGE, OF WALLER, TEXAS.
Councilmember Neild seconded the motion.
AYES: MAYOR MOUTON, MAYOR PRO TEM DURIO,COUNCILMEMBERS GETZ,TURNER,
FELDSCHAU, SAMUEL AND NEILD
NAYS: NONE
MOTION PASSED
RESOLUTION 23-103
3. Consider authorizing the City Manager to award a contract to Viking Painting, LLC, of La
Vista, NE, for the Southwest Elevated Storage Tank Rehabilitation Project.
Minutes— April 18,2023
The Southwest Elevated Storage Tank Rehabilitation Project will provide for the rehabilitation
of the one (1) million-gallon elevated water storage tank located on Municipal Drive.
On March 16, 2023, five (5) bids were received for furnishing all labor, materials, equipment,
and structural steel repairs for the project. The Engineer's Estimate for the contract is
$1,384,000.00. The bid totals are indicated in the table below:
Contractor Location Total Bid Amount
Viking Painting, LLC La Vista, NE $1,348,440.00
Tanksco, Inc. Fort Worth, TX $1,355,816.00
Nova Painting, LLC Humble, TX $1,387,942.00
Tank Pro, Inc. Northport, AL $1,553,866.28
M. K. Painting, Inc. Wyandotte, MI $1,733,360.00
Based on a review of the bids and required documents received, Water Utilities staff agree
with Schaumburg & Polk Inc., and recommend awarding the project to the lowest bidder,
Viking Painting LLC, in the amount of $1,348,440.00. A total of 150 calendar days are
allocated for substantial completion of the project.
Funds will come from the Capital Program.
Approval of the resolution.
Councilmember Neild moved to APPROVE A RESOLUTION THAT THE BID SUBMITTED BY VIKING
PAINTING, LLC,OF LA VISTA,NEBRASKA IN THE AMOUNT OF$1,348,440.00 FOR THE REHABILITATION
OF THE ONE(1)MILLION-GALLON ELEVATED WATER STORAGE TANK LOCATED ON MUNICIPAL DRIVE,
AND THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE A CONTRACT WITH
VIKING PAINTING, LLC, OF LA VISTA, NEBRASKA. Councilmember Turner seconded the motion.
AYES: MAYOR MOUTON, MAYOR PRO TEM DURIO,COUNCILMEMBERS GETZ,TURNER,
FELDSCHAU, SAMUEL AND NEILD
NAYS: NONE
MOTION PASSED
RESOLUTION 23-104
4. Consider supporting an application for a State Historical Designation, for the George O'Brien
Millard statue located at 500 Main Street.
The City of Beaumont, along with the Jefferson County Historical Commission are seeking
support of an application for a State Historical designation marker to be placed with the
George O'Brien Millard statue at 500 Main Street. The City owns the land on which the statue
of Mr. Millard stands and leases the property to the Art Museum of Southeast Texas. A
marker would be placed aside the statue, providing a history of Mr. Millard and his
importance to the growth of the City of Beaumont's education system.
Originally unveiled in front of Millard Elementary school in 1912, the statue cast in bronze
stood at seven (7') feet tall and was crafted by Pompeo Coppini just two (2) years after
Minutes— April 18,2023
Millard's death. In 1964 The Junior league of Beaumont had the statue moved to Pipkin Park
for its proximity to the Millard family home after the closure of the school. In 1999, an art
conservation group cleaned and made small repairs to the statue. In 2010 artist Ron Petitt,
who completely restored the statue recommended relocating it from Pipkin Park to a more
visible location.
At a Public Hearing held on April 10, 2023, the Historic Landmark Commission recommended
8:0 to approve the request to support the application for a State Historical Designation.
No funding is required.
Approval of the resolution.
Councilmember Getz moved to APPROVE A RESOLUTION THAT THE CITY MANAGER BE,AND HE IS
HEREBY AUTHORIZED TO SUPPORT AN APPLICATION FOR A STATE HISTORICAL DESIGNATION,WHICH
WILL PROVIDE THE HISTORY FOR THE GEORGE O'BRIEN MILLARD STATUE LOCATED AT 500 MAIN
STREET, IN BEAUMONT, TEXAS. Councilmember Turner seconded the motion.
AYES: MAYOR MOUTON, MAYOR PRO TEM DURIO, COUNCILMEMBERS GETZ,TURNER,
FELDSCHAU, SAMUEL AND NEILD
NAYS: NONE
MOTION PASSED
RESOLUTION 23-105
COMMENTS
Public Comments (Persons are limited to three minutes)
Kenneth Earls 1265 Condon Beaumont TX
Spoke to Council regarding livelihood and how it affects one of the most important cities in
America and a county that has three petroleum plants, stated that the city should have five
lobbyist in Washington D.C., the city should ask for what they want and Washington should
give it to us, forty percent of all gas products come from this region from the Neches and
Sabine Rivers, the city should demand that rivers be widened, they will do it for one reason,
in the future China is threatening war, we need to get those ships and super tankers into the
port to make sure petroleum and gas is headed towards that region, our Navy is going to
need it, the President has told us that the United States is supportive of Taiwan, Hong Kong
and all the other people that are supporting us, stated that our product needs to be there
pronto, we need to be able to transport our military there because there is going to be that
time when our grandchildren are going to have to fight that war and the city needs this river
and those things done, spoke on term limits, believes that each of the Councilmembers
should be elected for six years, not two years, we waste our money and time and Council
should be on board for a twenty four seven, three hundred and sixty five days a year, they
should be paid to commensurate the time that work, the things that are being discussed are a
no brainer, the cities that are more popular move things adventurously and makes sure that
the citizens receive what they need are those types of cities, he would like to see the charter
proposal reflect that, made additional comments regarding Council's salary
Minutes— April 18,2023
Addie Allen 9695 Gross Beaumont TX
Stated that she knows that the Mayor and the City Council can allow certain time limits for
citizens to speak, certain people get it, certain people don't, doesn't know when this is going
to stop, she's heard other people get time extended, it's happening every Council meeting,
she has a pretty good track recording of being at the meeting, there's some disparities as to
who speaks to finishing of their sentence or to finish their thought process, commented on
the City Charter appointments, knows that it has to be people that are knowledgeable but
there are people that have been in Beaumont a long time, she would like to think that when
these people are appointed that Council would open it up for volunteers and then Council can
peruse through and see who can and won't be willing to serve, knows that could happen,
she would probably volunteer, commented on the voting problem, glad that Council is talking
about the wording because the wording in the last election where they voted for Ordinances
etc., there was not enough time given for citizens to understand what they were voting on, if
Council is going to put something on the November ballot, there needs to be a town hall
meeting and not thirty days prior to the election, that's unfair, also commented on standing
water in the ditches, in the last ditching project in her area she asked what employees check
on contractors, she has standing water all the time in front of her home, the follow-up is what
she thinks is important, the water isn't flowing, they all pay taxes and standing water isn't
good when they are bitten by mosquitoes, asked that the questions that are posed to Council
today please be answered, she appreciates Council and thanked them for their service,
she's sincere about her comments
Ingrid Bell 4985 Plant Rd. Beaumont TX
Spoke to Council regarding the area behind her home, doesn't think that having her property
flooded because someone wants to buy her property and have her gone, that isn't going to
happen, the first time the flooding occurred she went to the property owner who visited with
them, was very excited when the property owner said he would take care of business, by the
14th or 15th of April there was nothing done, the rain that occurred last weekend had her
running from the front to the back of her property, she felt as if the water was going to come
into her bedroom, asked Council what her rights are, is she being flooded because someone
wants to buy her property or is she being flooded because there wasn't enough planning to
design the drainage system before they started piling dirt behind her property,when the trees
were first removed there was a problem with hogs they would come around to the front of her
property and tear it up, now that the hogs and tress are gone there's now piles of dirt and
they are being flooded, hopes that something can be done
Mary Guillory 5005 Plant Rd. Beaumont TX
Stated that on the 8th of this month for the first time ever her property was flooded, she has
resided at this residence for over thirty plus years, she's been through many storms all of the
water that came through was clear and it disappeared, she now has mud and water flowing
through her property, she has a storage building in her backyard that's sitting underwater,
there's water everywhere, called on the 5th, 10th, an inspector came out from Engineering on
the 10th who said it was nothing they could do, today an inspector came out again, she spoke
with him and asked him if he was familiar with a swell and he responded yes, there was
additional comments regarding the swell and a detention pond, stated it's unfair for their
property to be destroyed, they have worked hard to take care of their property all these
years, asking for help and need it ASAP, there's rain coming on Thursday and she doesn't
Minutes— April 18,2023
know what's going to happen, they are all stressed and need for Council to come out and see
what's being done
Albert Harrison 1240 Ashley Beaumont TX
Complained to Council regarding an issue in the 1100 block of Evalon, it's a vacant lot, his
issue is the city cleaning out the ditches, in the process of the city cleaning out the ditches
he saw the worker was operating a clean out machine, the worker did move forward with
mopping out the area, stated that there was a pipe under the concrete, the worker pulled pipe
out and plugged it, he had no problem with that, it cost the city more money to replace
another pipe in that area, the worker could have just blown the pipe out and cleared the issue
up, the city had to come back and put another pipe there and put additional concrete to make
a complete walk way, his real complaint now is in the process of them doing that it has now
made the water stagnant, the water is settling and not flowing anywhere, he was always told
that the water is to flow to the east, the individual that was doing the digging told him the
water now flows to the west, right now the water isn't flowing anywhere, the workers also
need to complete the job, stated that across from 1118 Evalon they didn't finish mopping out
the ditch they left the grass
Dylan Richardson 4575 N. Major Dr. Beaumont TX
Discussed term limits, stated that it's his understanding that only one Councilmember has
spoken in support of term limits and the question is why, why does the Council consider
themselves to be above the standards that is held at the highest level of our Government in
America, informed Council as to why there are term limits in this country, George Washington
our first President who would have assuredly been elected to his third term decided that
Presidents should only be serving a maximum of two year terms so as to not fall in the same
tyranny that they faced in Great Britain, many Councilmembers are in their own unique way
tyrants of change, it would appear that many of Council cherish the title, spot light and being
surrounded by the crowds of sycophants that many of them are so much so that they are
willing to grand stand numerous terms and even decades simply for the optics, stated that he
would like to plant a seed, a seed of a view different from this philosophy of a city official, if
there isn't drastic change, one hundred years from now people will look back on and study
how much of this Council lead the City of Beaumont to it's knees and to the edge of irrelevant
through their inactions, he asked that each of them reach out to the firemen and the union in
regards to solving the matters at hand, Council has been mislead in the past by many
advocates on the other side, stated that many of the Council have poised as eager to solve
the problem when the City Manager traded an unsanctioned organization intended to
undermine the outcome of pending litigation, to those of you I say shame on you, stated that
he will attend all future meetings and share his opinions on respective topics, in closing
stated that he does feel as though his consistent attendance will not be shared by at least
one of the Councilmembers who will be replaced by someone more qualified for the position
Claudette Colbert 3902 Congress Beaumont TX
Stated that she's been stressed out and terrorized and falsely accused of things that she
hasn't done, someone has stated that she's been in jail, she's never been in jail, stated she's
being abused with chemicals, radars, water is in her home every morning when she wakes
up, can't plant any flowers or anything outside of her home because they get burned by the
big light that is shining outside of her home, she's had cancer and a stroke twice from being
Minutes— April 18,2023
terrorized, someone is saying she's on drugs, she's been a Christian for over 50 years and
has never hurt anyone, she has four kids that don't live in Beaumont but they are being
harassed as well as her four grandchildren, as of right now she has a headache, her eyes
burn at night because of chemicals, she goes from one bedroom to the next and it follows
her, a sewage tank was put in her back yard and she smells sewer all the time
Charlie Crabbe 920 East Drive Beaumont TX
Commented on the homeless, stated that he would like to see the city try to get some type of
housing like the small ones the city has discussed in the past, thinks the 60 ft shipping
containers make nice buildings for an individual or maybe two individuals to live in, stated
that he's been able to design one on the inside, thinks the city can build those if there's
craftsman that would volunteer build in their spare time, also commented on charter changes,
that's a big item, stated that if it's not broken just don't fix it, just ignore those charter items
that don't affect anyone, also commented on ditching culverts, would like to see ditches
made three quarters to an inch below the culvert so that they will not be any water left in the
ditch, this is a problem around the city where they ditch below the culvert, doesn't know who
maintains the ditch on Humble Rd., to Major Dr., water stands there for months after a rain,
the gentleman that spoke earlier had a good idea about the Neches River Channel in regards
to it being wider for the industrial area
Thomas Hunter 6652 Lexington Dr. Beaumont TX
Spoke to Council regarding the rampant abuse of handicap parking spots, people are parking
with impunity and he doesn't see anyone getting tickets, stated that this is his first time in this
building, he had to park at the end of the street because he couldn't park in a handicap spot
up front and not sure if anyone was abusing those spots, stated that he sees little small
sports cars, brand new cars, knows that those aren't driven by handicap citizens, when he
sees these vehicles parked in the handicap spots he looks at the license plate or the plaque
on the mirrors, most times he sees that they don't have either and are getting away with it,
stated that he needs to be able to park in the handicap spot because it's hard for him to
walk, commented on the City of Austin and what they do in regards to citizens that weren't
supposed to be parked in a handicap spot there vehicles were towed
Thefarro Richard 5275 Parkview Dr. Beaumont TX
Stated she came for two reasons, she spoke of meeting several celebrities who told her to do
great things, Alexis Morris is the first to make it to the WNBA, she only saw four
Councilmembers at the celebration, Beaumont United won three State Championships she
only saw four Councilmembers, stated that had it been a robbery, a drive by, a theft or a
baby momma domestic violence, they would want to talk about it, asked as representation of
everyone as a community as a whole there are obligations, understands that there are
Councilmembers who have sick relatives, stated she understands all of that, but what are we
saying to the young people if we don't celebrate them, if we don't affirm them, asked if
Council knows how incredible after forty one years for Beaumont United to do a three peat at
the same campus that became a part of integration, asked if they know how wonderful it is for
a young lady to say "I'm going for the WNBA" and make it, Alexis Morris deserves a key to
the city, no disrespect to Megan and what she's done, stated she doesn't agree with her
lifestyle it's not her choice but Houston can think enough to give her a key to the city, stated
she's confused, let every man search his own heart, Council wants to sit here at the table
and she applauds them because what they do isn't easy, commented on the time limit for a
Minutes— April 18,2023
citizen to speak, if the highest leader gets a time limit then she feels that the Council should
also, also stated that if a voters says they want Council to represent them because they are
advocating for their needs of a Ward then who am Ito take the vote away from them, every
single Ward has a different need and if they feel that Council is performing their needs who
are we to take their voice and say no because who knows what will come next, asked
everyone to search their hearts, the kids need affirmation and Council could have done better
* Councilmembers/City Manager/City Attorney comments on various matters
COUNCILMEMBER COMMENTS
COUNCILMEMBER TURNER - ADDRESSED THE CITIZEN THAT CAME TO THE PODIUM EARLIER
AND COMMENTED ON THE CITY LOBBYIST, THINKS THAT IT
WOULD BE A GREAT IDEA TO HAVE THE LOBBYIST COME TO
BEAUMONT AT LEAST ONCE A YEAR TO DO AN ANNUAL REPORT
TO LET THE CITIZENS KNOW WHAT THE CITY IS ACTUALLY
INVESTING IN AND GETTING A PROPER RETURN,WOULD LIKE TO
SEE STAFF GO OUT TO PLANT RD., TO ADDRESS THE
CONCERNS OF THE TWO CITIZENS THAT SPOKE PREVIOUSLY,
ALSO REGARDING HANDICAP SPOTS, KNOWS THIS IS A LAW
ENFORCEMENT ISSUE AND NORMALLY WHEN SOMETHING IS
BROUGHT TO THEIR ATTENTION THEY ADDRESS IT,THERE ARE
OFFICERS PRESENT AND HE'S SURE THEY WILL MAKE THE
PROPER CONNECTIONS AND ADDRESS IT, STATED THAT
ALTHOUGH THE CITY IS GRADING THE DITCHES HE STILL THINKS
THAT IT'S A GREAT THING THAT THE CITY IS MOVING IN THAT
DIRECTION BUT BASED UPON THE CITIZENS CONCERNS,STAFF
NEEDS TO GO BACK AND ADDRESS THE SITTING WATER,
UNDERSTANDS THE THREE INCHES AND THE CULVERTS BUT,IF
THE CITY IS SPENDING THE REVENUE HE WANTS TO MAKE SURE
THEY ARE GETTING THE BEST RETURN ON THEIR INVESTMENT,
COMMENTED ON THE ALEXIS MORRIS CELEBRATION,THEY ARE
ALWAYS TALKING ABOUT THE PRECEDENCE WE ARE SETTING
IN THE CITY OF BEAUMONT, HE WENT BACK AND DID SOME
RESEARCH AND WHEN SPEAKING ABOUT SETTING A
PRECEDENCE THE CITY IS ROUGHLY 100 PLUS YEARS OLD, HE
HASN'T SEEN A FEMALE FROM BEAUMONT WIN A NATIONAL
BASKETBALL NCAA CHAMPIONSHIP, IT'S NOT JUST ABOUT
WINNING IT'S ABOUT THE PRIDE IN BEAUMONT, ABOUT WHAT
LEXIS MORRIS ENDURED,WHAT SHE WENT THROUGH AND HER
LEGACY THAT SHE LEFT, SHE MAY NOT HAVE ALWAYS DONE
EVERYTHING PERFECT,SHE FAILED BUT THE REALITY IS SHE IS
AN EXAMPLE TO ALL YOUNG CHILDREN, PEOPLE MAKE
MISTAKES,YOU CAN FALL BUT YOU CAN ALSO RISE TO THE TOP
AND BE EXTREMELY SUCCESSFUL, STATED THAT HE'S
EXTREMELY PROUD OF ALEXIS AND PROUD OF THE CITY FOR
STEPPING UP AND DOING SOMETHING FOR HER, IT'S UP TO
THEM AS LEADERS TO SET PRECEDENCE AND THE STANDARDS,
COUNCIL SHOULD SET THE BAR ON HOW IT WANTS TO MOVE
THE COMMUNITY FORWARD, EVERYONE CAN SEE NOW THAT
THINGS ARE BEING DONE DIFFERENTLY, THANKED EVERYONE
Minutes— April 18,2023
THAT CAME OUT AND SUPPORTED ALEXIS AND BEAUMONT
UNITED, EVEN THE ONES THAT COULDN'T MAKE IT, LASTLY
THERE WAS SOMETHING THAT WASN'T MENTIONED THAT'S A
HUGE SUCCESS FOR BEAUMONT WHICH WAS ON THE CONSENT
AGENDA, A GRANT FUNDING FROM THE FOUNDATION OF
SOUTHEAST TEXAS, HEB, AND ENTERGY, FOR THE ANNUAL
SUMMER READING PROGRAM FOR OUR YOUTH, THINKS THAT
WE DON'T TALK ABOUT THE POSITIVES THINGS ENOUGH IN THE
CITY
COUNCILMEMBER NEILD - STATED TO THE CITY MANAGER THAT HE KNOWS THAT THEY
CAN'T HAVE A CONVERSATION BACK AND FORTH REGARDING
PLANT RD., THE SITUATION WAS BROUGHT UP IN PUBLIC
COMMENTS, STATED THAT HE CAN SPEAK FROM A
CONTRACTORS STAND POINT AND A DEVELOPER, THE
CONTRACTOR HAS THE RESPONSIBILITY TO MAKE SURE THAT
THEY AREN'T PUSHING WATER ON OTHER PEOPLES PROPERTY
AS DOES THE CITY WHEN THEY ARE DOING THE PLANNING
PROCESS, HOPES THAT THE CITY CAN TAKE A DEEP LOOK INTO
THIS QUICKLY BECAUSE HE KNOWS THAT EVERYONE SITTING
UP HERE WOULD BE MAD AS ALL GET OUT IF THAT WAS TAKING
PLACE ON THEIR PROPERTIES,ALSO STATED THAT HE HAD THE
OPPORTUNITY TO VISIT WACO, TEXAS THIS PAST WEEK AND
SPENT A LITTLE TIME AROUND THE RIVER DEVELOPMENT THAT
WACO HAS JUST RECENTLY COMPLETED, HE STRONGLY
ENCOURAGED THAT STAFF TAKE THE OPPORTUNITY TO GO TO
WACO AND TAKE A LOOK AT WHAT THEY HAVE DONE, THINKS
THERE'S SOME REAL OPPORTUNITIES FOR BEAUMONT TO
MIMIC SOME OF THE THINGS WACO HAS RECENTLY COMPLETED
COUNCILMEMBER SAMUEL - THANKED MS. GUILLORY AND MS. BELL FOR COMING TO THE
MEETING AND EXPRESSING THEIR CONCERNS, THEY HAVE
ADDRESSED THEIR CONCERNS AND THEY WILL VISIT WITH THEM
AFTER THE MEETING, MR. BARTKOWIAK AS WELL AS THE CITY
MANAGER ARE AWARE OF WHAT'S GOING ON AT THEIR
PROPERTY AND ARE ATTEMPTING TO ADDRESS THE ISSUE TO
SEE IF THERE CAN BE A QUICK RESOLUTION AND WORK ON
WHAT WILL HAPPEN IN THE END
COUNCILMEMBER FELDSCHAU - REMINDED EVERYONE THAT THE CITY ELECTION IS COMING UP,
EARLY VOTING STARTS ON MONDAY, APRIL 24, 2023, AND
ENDS MAY 2, 2023, ELECTION DAY IS MAY 6, 2023, ALSO
STATED THAT THIS TIME IS A LITTLE DIFFERENT, ON SUNDAY
APRIL 30, 2023, FROM 12:00 P.M., TO 5:00 P.M.,THE POLLS
WILL BE OPEN, PLEASE MAKE A NOTE TO VOTE, REMEMBER
OUT OF 71,000 REGISTERED VOTERS IN THE LAST CITY
ELECTION BETWEEN 15 TO 18 PERCENT VOTED, SO PLEASE
GET OUT AND VOTE, IT'S IMPORTANT THAT EACH CITIZEN CAST
THEIR VOTE
Minutes— April 18,2023
COUNCILMEMBER GETZ - STATED THAT FRIDAY, APRIL 21, 2023, WILL BE HIS WIFE'S
BIRTHDAY, HER DOCTORS HAVE STATED THAT THIS WILL BE
HER LAST BIRTHDAY THAT SHE WILL CELEBRATES, STATED
THAT HE PRAYS THAT THEY ARE WRONG BUT KNOWS THAT
EVERYTHING HAPPENS IN ACCORDANCE WITH GODS PLAN,IT'S
NOT SURPRISING TO HIM THAT ALLISON FACES ILLNESS WITH
INCREDIBLE STRENGTH, BRAVENESS, DIGNITY AND GRACE,
WHEN PEOPLE CALL OR VISIT HER SHE ALWAYS ASK ABOUT
THEM AND HOW THEY ARE DOING DEMONSTRATING A KINDNESS
AND CONCERN FOR OTHERS THAT DEFINES WHO SHE IS,
ALMOST EVERYONE KNOWS THAT ALLISON GETZ IS THE
ELECTED TAX ASSESSOR COLLECTOR AND VOTER
REGISTRAR FOR JEFFERSON COUNTY, SHE HAS THREE
OFFICES IN JEFFERSON COUNTY AND RESPONSIBLE FOR OVER
SIXTY EMPLOYEES,ALLISON WAS FIRST ELECTED IN 2014 AND
AS TAX ASSESSOR IS RESPONSIBLE FOR COLLECTING
PROPERTY TAXES FOR TWENTY EIGHT JURISDICTIONS,
COLLECTING HOTEL OCCUPANCY TAXES, CONDUCTING
DELINQUENT TAX SALES, ISSUING BEER AND WINE LICENSES,
ISSUING PERMITS FOR COIN OPERATED MACHINES AND ISSUING
TITLES AND REGISTRATION FOR MORE THAN 200,000
VEHICLES ANNUALLY, AS VOTER REGISTRAR, SHE LEADS AN
OFFICE THAT HAS REGISTERED OVER 150,000 PEOPLE TO
VOTE IN JEFFERSON COUNTY, MAINTAINS THE ACCURACY OF
THE VOTER REGISTRATION ROLLS, APPOINTS INDIVIDUALS TO
BECOME VOLUNTEER DEPUTY REGISTRARS AND ASSIST POLL
WORKERS DURING THE EARLY VOTING PERIOD AND ON
ELECTION DAY, STATED THAT IF ALL THE ABOVE WAS NOT
ENOUGH ALLISON SITS ON THE BOARD OF DIRECTORS FOR THE
JEFFERSON COUNTY APPRAISAL DISTRICT AND WAS
CHAIRMAN OF THE JCAD BOARD IN 2019 AND 2020, WHEN
COUNTY JUDGE JEFF BRANNICK DECIDED TO CREATE THE
POSITION OF PUBLIC INFORMATION OFFICER FOR JEFFERSON
COUNTY IN 2019,WHO DID HE ASK TO FULFILL THOSE DUTIES,
ALLISON NATHAN GETZ, ALLISON TOOK SEVEN DIFFERENT
CLASSES AND PASSED EACH EXAMINATION TO BECOME
JEFFERSON COUNTY'S FIRST PUBLIC INFORMATION OFFICER,
IMMEDIATELY THEREAFTER ALLISON WAS THE COUNTY
SPOKES PERSON FOR TROPICAL STORM IMELDA, THE TPC
EXPLOSION, SUBSEQUENTLY SHE WAS THE SPOKE PERSON
FOR HURRICANES LAURA, MARCO AND DELTA IN 2020, THE
WINTER STORM DISASTER IN 2021 AND OF COURSE COVID,
SOMEHOW WHILE PERFORMING ALL THE DUTIES THAT HE JUST
READ SHE FOUND TIME TO MAKE THE FOLLOWING
IMPROVEMENTS TO THE JEFFERSON COUNTY TAX OFFICE,SHE
IMPLEMENTED A QUEUING SYSTEM FOR TWO OUT OF HER
THREE OFFICES, SHE INSTALLED A CAMERA SYSTEM WITH
SECURITY IN ALL OF HER OFFICES, SHE CREATED THE FIRST
WEB SITE FOR THE TAX OFFICE, SHE REDESIGNED THE TAX
STATEMENTS TO BE MORE LEGIBLE OR EASIER TO READ, SHE
MADE IT POSSIBLE TO GET CAR AUTO REGISTRATIONS
Minutes— April 18,2023
RENEWED AT HEB AND KROGER SO CITIZENS WOULDN'T HAVE
TO GO TO THE TAX OFFICE, SHE MADE IT POSSIBLE FOR
PEOPLE TO GET THEIR VEHICLE INSPECTIONS AND AUTO
REGISTRATIONS DONE IN ONE LOCATION FOR PARTICIPATING
BUSINESSES,SHE CREATED AN INTERESTED BUYER PROGRAM
TO GET COUNTY OWNED PROPERTIES BACK ON THE TAX ROLL,
SHE HAD ACTIVE SHOOTER TRAINING CONDUCTED IN ALL OF
HER OFFICES AND OVER SAW THE EXPANSION AND ADDITION
OF A DRIVE THRU WINDOW AT THE MID COUNTY TAX OFFICE,
DURING HER TIME IN OFFICE ALLISON HAS CONTINUED HER
PROFESSIONAL EDUCATION AND EARNED THE PROFESSIONAL
COUNTY COLLECTOR CERTIFICATION, THE PROFESSIONAL
TAX OFFICE CERTIFICATION, THE PROFESSIONAL COUNTY
TAX ASSESSOR CERTIFICATION,WITH ALL OF THE ABOVE IT'S
NOT A SURPRISE THAT IN OCTOBER 2021, SHE WAS NAMED
THE TAX ASSESSOR COLLECTOR OF THE YEAR FOR THE
WHOLE STATE OF TEXAS, SHE REACHED THE HIGHEST
ECHELON THAT COULD BE ACHIEVED IN HER JOB,TWO MONTHS
LATER SHE WAS DIAGNOSED WITH BRAIN CANCER, STATED
THAT LIFE CAN BE FILLED WITH CRUEL TWIST AND TURNS
REGARDING THE SUDDEN TURN OF EVENTS BUT ALLISON
WOULD SIMPLY SAY "IT IS WHAT IT IS", ALLISON IS AT PEACE
WITH HERSELF BECAUSE SHE KNOWS AND HE KNOWS WANTS
THE WORLD TO KNOW THAT SHE HAS LIVED A LIFE DEVOTED TO
MAKING THE WORLD A BETTER PLACE, STATED THAT ALLISON
HAS SERVED ON 15 LOCAL CIVIC ORGANIZATIONS IN HER LIFE,
THEY INCLUDE THE FIRE MUSEUM OF TEXAS, THE BEAUMONT
CHILDRENS MUSEUM, THE BEAUMONT HERITAGE SOCIETY,
THE BEAUMONT BALLET THEATRE GUILD,THE DOWLEN/WEST
NEIGHBORHOOD ASSOCIATION,THE GALLERY GUILD FOR THE
ART MUSEUM, GARTH HOUSE, GOLDEN TRIANGLE
REPUBLICAN WOMEN, THE JEFFERSON COUNTY BAR
AUXILIARY, SOUTHEAST TEXAS TENNIS ASSOCIATION, THE
SYMPHONY OF SOUTHEAST TEXAS, THE SYMPHONY LEAGUE
OF SOUTHEAST TEXAS, TEMPLE EMANUEL AND YOUNG
AUDIENCES, ALLISON HAS CHAIRED HUGE FUND RAISERS
SUCH AS BENEFITING THE MUSIC AND ARTS AT LAMAR
UNIVERSITY, THE CATTLE BARON'S BALL, ALL BENEFITTING
THE AMERICAN CANCER SOCIETY, IF ALLISON WASN'T THE
PRESIDENT OF A LOCAL CIVIC ORGANIZATION SHE WAS
PROBABLY ON THE BOARD OF DIRECTORS, THOSE
ORGANIZATIONS INCLUDE ALL SAINTS PARENTS
ASSOCIATIONS, ANAYAT HOUSE, CRIME STOPPERS OF
SOUTHEAST TEXAS, FAMILY SERVICES OF SOUTHEAST
TEXAS,GIFT OF LIFE, KELLY HIGH SCHOOL, FRIENDS OF THE
ARTS AT LAMAR UNIVERSITY, SOME OTHER PLACE, THE
TEXAS SECTION OF THE U.S. TENNIS ASSOCIATION AND
UNITED WAY,ALLISON IS A GRADUATE OF THE UNIVERSITY OF
TEXAS, LEADERSHIP BEAUMONT AND THE CITIZENS POLICE
ACADEMY, SHE WAS A DEN LEADER AND A CUB MASTER,AND
STILL SERVES ON THE ADVISORY BOARD OF THE THREE RIVER
Minutes— April 18,2023
COUNCIL,THE BOY SCOUTS OF AMERICA,BUT EVEN WITH ALL
OF THE ABOVE HE STILL HASN'T MENTIONED ALLISON'S
GREATEST ACCOMPLISHMENTS, THOSE THAT SHE VALUES
MOST ABOVE ALL ELSE,SHE HAS BEEN A DEVOTED DAUGHTER
TO HER PARENTS JERRY AND IRIS AND AN INCREDIBLE SISTER
TO HER BROTHER EARL, AN OUTSTANDING MOTHER TO HER
CHILDREN LEE AND BUFF AND A DOTING GRANDMOTHER TO
HER GRANDCHILDREN SADIE AND ALICE,STATED THAT TO HIM
ALLISON HAS BEEN A LOVING WIFE, CONFIDANT AND BEST
FRIEND, SO WHY HAS HE SPENT THE LAST SEVERAL MINUTES
USING THE BULLY PULPIT TO TALK ABOUT HIS WIFE, BECAUSE
HE THINKS IT'S APPROPRIATE AND RIGHT TO HONOR PEOPLE
WHILE THEY ARE LIVING AS MUCH MORE SO WHEN THEY ARE
GONE, TELL THE PEOPLE THAT YOU LOVE HOW YOU FEEL
ABOUT THEM TODAY BECAUSE TOMORROW MIGHT BE TOO
LATE,STATED THAT TODAY HE HONORS HIS WIFE ALLISON, HE
LOVES HER NOW AND FOREVER, WISHED HER A HAPPY EARLY
BIRTHDAY AND PRAY FOR MANY MORE TO CELEBRATE WITH
HER
MAYOR PRO TEM DURIO - STATED TO COUNCILMEMBER GETZ THAT HE AND HIS FAMILY
ARE STILL AND ALWAYS WILL BE IN EVERYONE'S PRAYERS,
MORE PEOPLE LIKE ALLISON IS NEEDED, THANKED
COUNCILMEMBER TURNER AND STAFF AND EVERYONE THAT
WAS INVOLVED IN THE CELEBRATION FOR ALEXIS MORRIS AND
BEAUMONT UNITED HIGH SCHOOL, IT WAS VERY WELL
ATTENDED, THANKED THE MAYOR FOR GIVING ALEXIS A KEY
TO THE CITY, IN REGARDS TO THE AMERICAN CANCER
SOCIETY, HE JUST MADE THREE YEARS AS A CANCER
SURVIVOR, HE WILL BE ATTENDING THE WALK
CITY ATTORNEY REED - NONE
CITY MANAGER WILLIAMS - ANNOUNCED A JOINT JOB FAIR HOSTED BY THE CITY OF
BEAUMONT AND THE BEAUMONT INDEPENDENT SCHOOL
DISTRICT ON MONDAY, MAY 8, 2023, AT PAUL BROWN
AUXILIARY GYM, STATED THAT 65 BISD SENIORS WILL BE IN
PARTICIPATION, THEY WILL BE PRESENTED WITH ELIGIBLE
JOBS FROM THE SCHOOL DISTRICT AS WELL AS THE CITY OF
BEAUMONT, THE JOBS WILL INCLUDE POSITIONS AT THE
POLICE DEPARTMENT, FIRE DEPARTMENT AND EMS, THEY
ARE ELIGIBLE FOR THOSE JOBS, ALSO ON MAY 13, 2023,
THERE WILL BE A COMMUNITY WIDE/CITY WIDE CLEANUP
HOSTED BY BISD AND THE CITY OF BEAUMONT, COMMENTED
ON THE FINANCES,STAFF IS TRACKING EXPENDITURES VERSUS
REVENUES AROUND AND AHEAD OF EXPENDITURES FOR THIS
TIME OF THE YEAR, STATED THAT THE CITY IS DOING BETTER
ON INVESTMENTS BECAUSE BELIEVE IT OR NOT WITH INTEREST
RATES GOING UP THE CITY HAS GOTTEN OVER TWELVE
HUNDRED DOLLARS MORE IN INTEREST REVENUES VERSUS
LAST YEAR, THE CITY HAS RECEIVED ONE MILLION SIX
Minutes— April 18,2023
HUNDRED EIGHTY SEVEN DOLLARS VERSUS TWO HUNDRED
SIXTY SEVEN DOLLARS ON LAST YEAR,ALL OF THE FUNDS ARE
IN GOOD SHAPE, THE CITY HAS ACCRUED ABOUT 13.85%
MORE IN REVENUE THAN WHAT WAS BUDGETED FOR THIS
FISCAL YEAR
ACM BOONE - NONE
ACM ELLIS - NONE
CITY ATTORNEY REED - STATED THAT ALLISON WAS AN ADVOCATE VOLUNTEER AND
SPOKE FOR HER BEAUMONT LEADERSHIP CLASS ON THE
IMPORTANCE OF VOLUNTEERING, WANTED TO THANK
COUNCILMEMBER GETZ AS WELL AS ALLISON FOR BOTH
SHARING HER TIME WITH THE COMMUNITY AND FOR ALL SHE
DID IN HER CAPACITY AS JEFFERSON COUNTY TAX ASSESSOR
COLLECTOR BUT,ALSO FOR WHAT SHE DID IN HER PERSONAL
TIME TO BETTER THE COMMUNITY
PUB. WORKS DIR. BARTKOWIAK - NONE
CITY CLERK BROUSSARD - STATED TO COUNCILMEMBER GETZ THAT EVERYONE WILL
CONTINUE TO PRAY FOR ALLISON AND HIS FAMILY
MAYOR MOUTON - STATED TO MS. BELL AND MS. GUILLORY THAT SPOKE
DURING PUBLIC COMMENTS THAT SHE HAS SPOKEN TO BOTH
OF THEM AND AFTER THE MEETING THEY WILL BE ABLE TO
SPEAK TO PUBLIC WORKS DIRECTOR BART BARTKOWIAK,
IT'S HER HOPE THAT THE CONVERSATION WILL LEAD TO A
RESOLUTION TO THEIR PROBLEM, STATED TO MR. HUNTER
THAT SPOKE EARLIER REGARDING THE HANDICAP PARKING,
UNFORTUNATELY THERE ARE CITIZENS THAT DON'T RESPECT
PEOPLE THAT REALLY NEED TO PARK IN THE HANDICAP
PARKING SPOTS,THE POLICE OFFICERS DO WRITE TICKETS FOR
CITIZENS THAT ILLEGALLY PARK IN HANDICAP PARKING SPOTS
AND THEY ARE ALWAYS AT MUNICIPAL COURT FOR SUCH
ACTS, THIS WILL BE ADDRESSED TO MAKE SURE OFFICERS
CAN STEP UP AND BE A LITTLE MORE AGGRESSIVE IN POLICING
THOSE PARKING SPOTS, THE TICKETS RANGE FROM $250.00
TO $500.00, STATED THAT ON THIS PAST WEEKEND THERE
WAS A LOT OF CELEBRATIONS, SHE DID A WELCOME FOR THE
50TH CELEBRATION AT LAMAR UNIVERSITY FOR THE KAPPA
ALPHA PSI FRATERNITY IN WHICH COUNCILMEMBER TURNER
IS A PART OF THAT FRATERNITY, CITY MANAGER KENNETH
WILLIAMS WAS THE SPEAKER ON FRIDAY NIGHT AT THE 100
BLACK MEN OF BEAUMONT'S ANNUAL BANQUET, THE 75TH
NECHES RIVER FESTIVAL WILL TAKE PLACE THIS WEEKEND,
ENCOURAGED EVERYONE TO GET OUT AND SUPPORT THE
NECHES RIVER FESTIVAL, STATED THAT ON LAST WEEKEND
SHE DID A WELCOME AND UNVEILING FOR KING 75TH, STATED
THAT THE CITY LOBBYIST CHRIS GIGLIO DOES PROVIDE THE
Minutes— April 18,2023
CITY WITH A MONTHLY REPORT AND VERY INVOLVED IN
BEAUMONT, WOULD LIKE TO SEE THE REPORT MADE
AVAILABLE TO THE PUBLIC, ALSO THERE WAS A COMMENT
MADE DURING PUBIC COMMENTS REGARDING CITIZENS
SPEAKING AFTER THE THREE MINUTE TIMER HAS GONE OFF,
STATED THAT SHE TRIES TO BE AS CONSISTENT AS SHE
POSSIBLE CAN, IF YOU'RE IN THE MIDDLE OF A SENTENCE SHE
WOULD LIKE FOR THE CITIZENS THOUGHTS TO BE COMPLETED,
SOMETIMES IT CAN'T BE STATED IN JUST A FEW SECONDS,
MADE ADDITIONAL COMMENTS REGARDING THE TIMER,
ANNOUNCED THAT THE GENERAL LAND OFFICE HANDED OUT
GRANTS, BEAUMONT RECEIVED A MILLION DOLLAR GRANT
THAT WILL GO TOWARDS SEWER AND DRAINAGE, JEFFERSON
COUNTY RECEIVED ELEVEN MILLION DOLLARS FROM THE GLO
AS WELL, ANNOUNCED THAT EARLY VOTING WILL BEGIN ON
APRIL 24,2023,THROUGH MAY 2, 2023, ELECTION DAY WILL
BE MAY 6, 2023, ENCOURAGED EVERYONE TO GET OUT AND
VOTE, STATED TO COUNCILMEMBER GETZ THAT HE AND HIS
FAMILY WILL CONTINUE TO BE LIFTED IN PRAYER AND HE DID A
BEAUTIFUL TRIBUTE TO HIS WIFE ALLISON,ASKED EVERYONE
TO GO OUT AND SPREAD THE LOVE
EXECUTIVE SESSION
Consider matters related to contemplated or pending litigation in accordance with Section 551.071
of the Government Code:
• The Claim of Joseph Guidry
• The Claim of Kevin & Patricia Joseph
• International Association of Firefighters Local 399 v. City of Beaumont,
Kenneth R. Williams, in his official Capacity as City Manager, and Earl White,
in his official Capacity as Fire Chief; Cause No. D-210950
• Toye Frazier v City of Beaumont; Cause No. E-206,919
•
Open session of meeting recessed at 4:00 p.m.
Robin Mouton, Mayor
Tina Broussard, City Clerk
Minutes— April 18,2023
B
BEAUMONT
TEXAS
TO: City Council
FROM: Kenneth Williams, City Manager
PREPARED BY: Sharae N. Reed, City Attorney
MEETING DATE: April 25, 2023
REQUESTED ACTION: Council consider a resolution authorizing the settlement of the
lawsuit styled Melanie Moye Comeaux v. City of Beaumont.
BACKGROUND
The lawsuit styled Melanie Moye Comeaux v. City of Beaumont; Cause No. E-210636, was
presented and discussed in Executive Session held on April 4, 2023. The City Attorney is
requesting the authority to settle this suit in the amount of$70,000.00.
FUNDING SOURCE
General Liability Fund.
RECOMMENDATION
Approval of resolution.
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF BEAUMONT:
WHEREAS, the lawsuit of Melanie Moye Comeaux v. City of Beaumont was
discussed in Executive Session properly called and held on Tuesday, April 4, 2023; and,
WHEREAS, the City Attorney is requesting authority to settle this lawsuit;
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the statements and findings set out in the preamble to this resolution are
hereby, in all things, approved and adopted; and,
THAT the City Attorney be, and is hereby, authorized to settle the lawsuit of
Melanie Move Comeaux v. City of Beaumont for the sum of Seventy Thousand and
00/100 Dollars ($70,000.00) for the claim of Melanie Moye Comeaux; and,
BE IT FURTHER RESOLVED THAT the City Manager be and he is hereby
authorized to execute all documents related to settlement of the lawsuit.
The meeting at which this resolution was approved was in all things conducted in
strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter
551.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 24'h day of
April, 2023.
- Mayor Robin Mouton -
c
rtt
TEXAS •
—
•
•
TO: City Council
FROM: Kenneth R. Williams City Manager
PREPARED BY: Sharae N. Reed,City Attorney
MEETING DATE: April 25,2023
REQUESTED ACTION: Council consider a resolution authorizing the creation of a Charter
Review Committee.
BACKGROUND
The City's current Charter needs to be amended to comply with state law and address issues of
ambiguity.The creation of a Charter Review Committee would allow for community
participation during the process.
The Charter Review Committee will consist of eleven(11)community members.The Mayor and
Council members would each appoint one(1)member and four(4)members will require a
majority vote of the Council.The City Manager and City Attorney will serve as ex officio
members of the Charter Review Committee.
FUNDING SOURCE
Not applicable.
RECOMMENDATION
Approval of the resolution.
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF BEAUMONT:
WHEREAS, the City Council desires to review, update, and amend the City's
Charter to comply with state law; and,
WHEREAS, the City Council believes that a Charter Review Committee will
promote transparency and community engagement;
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT a Charter Review Committee be established for the amendment to comply
with state law, address issues of ambiguity, and to allow community participation during
the process.
BE IT FURTHER RESOLVED THAT the Committee shall be composed of eleven
(11) community members, The Mayor and Council members would appoint one (1)
member each and four (4) members shall require a majority vote of the Council. The City
Manager and City Attorney will serve as ex officio members of the Charter Review
Committee.
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 25th day of
April, 2023.
-Mayor Robin Mouton -
D
TEXASA M . A 4c.
TO: City Council
FROM: Kenneth R. Williams City Manager
PREPARED BY: Sharae N. Reed,City Attorney
MEETING DATE: April 25, 2023
REQUESTED ACTION: Council consider a resolution appointing members to the Charter
Review Committee.
BACKGROUND
The City's current Charter needs to be amended to comply with state law and address issues of
ambiguity.The creation of a Charter Review Conunittee would allow for community
participation during the process.
The Charter Review Committee will consist of eleven(11)community members. The Mayor and
Council members would each appoint one(1)member and four(4) members will require a
majority vote of the Council. The City Manager and City Attorney will serve as ex officio
members of the Charter Review Committee.
It is expected that the members of the Charter Review Committee will meet to discuss changes to
the Charter and present recommendations to the City Council for submission on the November
ballot.
•
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 following appointments be made:
Appointment Committee
Carolyn Guidry Charter Review Committee
Francis Sam Charter Review Committee
Lashon Proctor Charter Review Committee
Robin Troy Charter Review Committee
Cory Crenshaw Charter Review Committee
Roy Steinhagen Charter Review Committee
Melanie Samuel Charter Review Committee
Jesus Abrego Charter Review Committee
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 25th day of
April, 2023.
-Mayor Robin Mouton -
•
E
BEAUMONT
TEXAS
TO: City Council
FROM: Kenneth R. Williams, City Manager
PREPARED BY: Angela Wright, Chief Technology Officer
MEETING DATE: April 25, 2023
REQUESTED ACTION: Council consider a resolution approving the replacement of the
Police video storage system from Sirius Computer Solutions, LLC
of San Antonio, TX.
BACKGROUND
The current storage system that is used to store Police video evidence has reached its end of life
and needs to be replaced.
Total project cost for the new system will be $146,232.56. This project was budgeted for the
current fiscal year.
This project will include replacing all the current storage hardware as well as the services for
configuring the new equipment and migrating the data.
Pricing was obtained through the State of Texas Department of Information Resources (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.
FUNDING SOURCE
General Fund.
RECOMMENDATION
Approval of resolution.
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF BEAUMONT:
THAT the City Manager be and he is hereby authorized to approve the
replacement of the Police video storage system from Sirius Computer Solutions, LLC, of
San Antonio, Texas in the amount of$146,232.56.
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 25th day of
April, 2023.
-Mayor Robin Mouton -
&4 SIRIUS
A C0119 COMPANY
SOLUTION PROPOSAL
Prepared for:
CITY OF BEAUMONT, STATE OF TEXAS
801 MAIN ST STE 315
BEAUMONT, TX 77701-3548
Client Executive:
Michelle Leben
+1 (713) 557-4741
michelle.leben@siriuscom.com
Proposal Number: Q-00337982
Proposal Date: 04/04/2023
Expires: 04/30/2023
Description: NAS Replacement for Watch Guard Application
Currency: USD
Client Executive: CITY OF BEAUMONT, STATE OF TEXASUS
Michelle Leben - ,�'
+1(713)557-4741 801 MAIN ST STE 315
michelle.leben@siriuscom.com BEAUMONT, TX 77701-3548 A Co COMPANY
Sirius Computer Solutions,LLC
Proposal Number:Q-00337982
Proposal Date:04/04/2023
Headquarters:
Expires:04/30/2023 10100 Reunion Place,Suite 500
Description:NAS Replacement for Watch Guard
Application San Antonio,Texas 78216
www.siriuscom.com
Attn:
Sirius Tax ID#74-2836721
Part# Description Qty Ext.Price
470-AAYQ 3M LC-LC OPTICAL CABLE MULTIMODE(KIT) 8 $109.68
210-BBSE DELL ME5084 STORAGE ARRAY 1 $9,805.30
403-BCPW 25GB(SCSI 8 PORT DUAL 5U CONTROLLER 1 $15,732.49
770-BCVH RACK RAILS 5U 1 $64.94
450-ALXP POWER SUPPLY,2200W,REDUNDANT,WW 1 $631.00
389-EERR DELL POWERVAULT ME SERIES 5U-84,CE MARKING 1 $1.06
340-DCFX DELL ME5084 SHIPPING 1 $0.00
900-9997 ON-SITE INSTALLATION DECLINED 1 $0.00
407-BCBE DELL EMC POWEREDGE SFP+SR OPTIC 10GBE 850NM 8 $856.32
400-BMIF 12TB HARD DISK DRIVE 7.2K 512E 12GBPS SAS ISE 3.51N 84 $66,585.12
450-AEJI C19 TO C20,PDU STYLE,2.5M POWER CORD 1 $8.96
450-AEJI C19 TO C20,PDU STYLE,2.5M POWER CORD 1 $8.96
Extended Subtotal: $93,803.83
Total Client Price: $93,803.83
Proposal Comments:
Terms and Conditions:
Unless otherwise noted,price does not include shipping,handling or applicable tax which may be added at the time of invoice.All quoted shipping and handling charges or tax
amounts are estimates only,and are subject to change upon invoicing.In the event CITY OF BEAUMONT,STATE OF TEXAS("Customer')requests expedited shipping,whether
such request is made before or after acceptance of this Solution Proposal("Proposal")by Customer,the price stated above for shipping and handling is subject to change.
This Proposal is subject to the Terms and Conditions below and/or any referenced agreements.Acceptance of this Proposal by an authorized representative of Customer will be
deemed the equivalent of a Customer Purchase Order,which will authorize Sirius Computer Solutions,LLC.("Sirius")to order the products listed in this Proposal.Until Sirius
receives and accepts a Purchase Order or a signed copy of this Proposal for the solution proposed,pricing provided in this Proposal is subject to change based on
manufacturer's pricing schedule.The products contained on this Proposal may be delivered to the Customer through multiple shipments based upon supplier availability,and
Customer agrees to pay one or more partial payments of the total purchase price stated above for any such partial shipment of products.For purposes of clarity,services being
sold under this Proposal,whether Sirius'or a manufacturer's/vendor's,shall not be subject to shipping and handling and the terms related thereof.
Notwithstanding anything to the contrary in the Terms and Conditions below and/or any referenced agreements,Customer hereby agrees that the products listed on this
Proposal are noncancelable,nonreturnable,and nonrefundable except with the express written permission of Sirius.
This Proposal shall be governed by the following agreement:DIR-TSO-3763.
If travel is required to perform the proposed manufacturer/vendor services quoted above,Sirius may invoice the Customer for reasonable and actual out-of-pocket travel and
living expenses.
Proposal#:Q-00337982 1 Sirius Confidential
CITY OF BEAUMONT,STATE OF TEXAS '" Si I US
A CDWsP"COMPANY
Accepted by: Approved by:
CITY OF BEAUMONT,STATE OF TEXAS Sirius Computer Solutions,LLC
Signature of Authorized Representative Signature of Authorized Representative
Printed Name Printed Name
Title of Authorized Representative Title of Authorized Representative
Date Signed Date Signed
Ship to Contact(Name,Phone,&Email) Bill to Contact(Name,Phone,&Email)
Ship to Address Bill to Address
Proposal#:Q-00337982 2 Sirius Confidential
2
' SIRIUS
A cDWP„ COMPANY
SOLUTION PROPOSAL
Prepared for:
CITY OF BEAUMONT, STATE OF TEXAS
801 MAIN ST STE 315
BEAUMONT, TX 77701-3548
Client Executive:
Michelle Leben
+1 (713) 557-4741
michelle.leben@siriuscom.com
Proposal Number: Q-00338571
Proposal Date: 04/04/2023
Expires: 04/30/2023
Description: NAS Replacement for Watch Guard Application
Currency: USD
Client Executive: CITY OF BEAUMONT, STATE OF TEXAS lao.
5I RI US
Michelle Leber
+1(713)557-4741 801 MAIN ST STE 315
michelle.leben@siriuscom.com BEAUMONT, TX 77701-3548 C' COMPANY
Sirius Computer Solutions,LLC
Proposal Number:Q-00338571
Proposal Date:04/04/2023
Headquarters:
Expires:04/30/2023 10100 Reunion Place,Suite 500
Description:NAS Replacement for Watch Guard San Antonio,Texas 78216
Application
Attn: www.siriuscom.com
Sirius Tax ID#74-2836721
Part# Description Qty Ext.Price
709-BDHL PARTS ONLY WARRANTY 36 MONTHS 1 $2,194.40
199-BIBB PROSUPPORT AND 4HR MISSION CRITICAL INITIAL,36 MONTH(S) 1 $14,384.33
Extended Subtotal: $16,578.73
Total Client Price: $16,578.73
Proposal Comments:
Terms and Conditions:
Unless otherwise noted,price does not include shipping,handling or applicable tax which may be added at the time of invoice.All quoted shipping and handling charges or tax
amounts are estimates only,and are subject to change upon invoicing.In the event CITY OF BEAUMONT,STATE OF TEXAS("Customer")requests expedited shipping,whether
such request is made before or after acceptance of this Solution Proposal("Proposal")by Customer,the price stated above for shipping and handling is subject to change.
This Proposal is subject to the Terms and Conditions below and/or any referenced agreements.Acceptance of this Proposal by an authorized representative of Customer will be
deemed the equivalent of a Customer Purchase Order,which will authorize Sirius Computer Solutions,LLC.("Sirius")to order the products listed in this Proposal.Until Sirius
receives and accepts a Purchase Order or a signed copy of this Proposal for the solution proposed,pricing provided in this Proposal is subject to change based on
manufacturer's pricing schedule.The products contained on this Proposal may be delivered to the Customer through multiple shipments based upon supplier availability,and
Customer agrees to pay one or more partial payments of the total purchase price stated above for any such partial shipment of products.For purposes of clarity,services being
sold under this Proposal,whether Sirius'or a manufacturer's/vendor's,shall not be subject to shipping and handling and the terms related thereof.
Notwithstanding anything to the contrary in the Terms and Conditions below and/or any referenced agreements,Customer hereby agrees that the products listed on this
Proposal are noncancelable,nonreturnable,and nonrefundable except with the express written permission of Sirius.
Your contract number(s),currently on file,is as follows:
Agreement Type:Customer Agreement 1-99PN-CA
All of the information provided in this Proposal is considered confidential and proprietary between Sirius and Customer.Information enclosed in this Proposal may not be
disclosed,disseminated,or otherwise revealed to any party outside of Customer or any party within Customer's organization who is not privileged to receive such information,
unless required by law.
The provision of the maintenance services contained on this Proposal(the"Maintenance Services")will be controlled by the terms and conditions of the applicable manufacturer
and/or maintenance provider(hereinafter the"Provider").If Customer removes a covered device from productive use and requests cancellation of the Maintenance Services on
that device,in accordance with the Provider's terms and conditions,Customer must notify Sirius by email at the following address:OPU@siriuscom.com.Should Customer fail to
send the request to the address above,processing of the cancellation shall be delayed and any associated credit with the cancellation may be reduced.
Proposal#:Q-00338571 1 Sirius Confidential
CITY OF BEAUMONT,STATE OF TEXAS ' IRIUS
/ A CD29 COMPANY
Accepted by: Approved by:
CITY OF BEAUMONT,STATE OF TEXAS Sirius Computer Solutions,LLC
Signature of Authorized Representative Signature of Authorized Representative
Printed Name Printed Name
Title of Authorized Representative Title of Authorized Representative
Date Signed Date Signed
Ship to Contact(Name,Phone,&Email) Bill to Contact(Name,Phone,&Email)
Ship to Address Bill to Address
Proposal#:Q-00338571 2 Sirius Confidential
F
BEAUMONT
TEXAS
TO: City Council
FROM: Kenneth R. Williams, City Manager
PREPARED BY: Bart Bartkowiak, Director of Public Works
MEETING DATE: April 25, 2023
REQUESTED ACTION: Council consider a resolution authorizing the transfer of a
Drainage Easement to Jefferson County Drainage District No. 6.
BACKGROUND
City of Beaumont has agreed to convey a drainage easement to Jefferson County Drainage
District No. 6. The easement is five (5)parcels of land conveyed to the City of Beaumont by
deed as recorded in Volume 1270, Page 528 and Volume 1287, Page 50 of the deed records
situated in the Suburban Acres Addition, County of Jefferson, Texas.
FUNDING SOURCE
Not applicable.
RECOMMENDATION
Approval of the resolution.
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF BEAUMONT:
WHEREAS, the City of Beaumont, Texas has agreed to convey one (1) drainage
easement, said easement being Lot 2, Block 13, Unit Two, Suburban Acres Addition to
the City of Beaumont, Texas, described and shown in Exhibit "A," attached hereto, to
Jefferson County Drainage District No. 6 to facilitate construction and maintenance of a
ditch on City-owned property; and,
WHEREAS, the City Council has considered the public purpose of said
conveyance and is of the opinion that the acceptance of said conveyance is necessary
and desirable and is in the best interest of the City of Beaumont and that same should be
accepted;
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the statements and findings set out in the preamble to this resolution are hereby,
in all things, approved and adopted; and,
THAT the City Manager be and he is hereby authorized to execute one (1)
drainage easement, said easement being Lot 2, Block 13, Unit Two, Suburban Acres
Addition to the City of Beaumont, Texas, described and shown in Exhibit "A, attached
hereto, to Jefferson County Drainage District No. 6 for drainage improvement 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 25th day of
April, 2023.
-Mayor Robin Mouton -
STATE OF TEXAS §
§ KNOW BY ALL MEN THESE PRESENTS.
COUNTY OF JEFFERSON §
DRAINAGE EASEMENT
THAT, CITY OF BEAUMONT ("City"),a municipal corporation domiciled in
Jefferson County,State of Texas,hereinafter called"GRANTOR",for and in consideration of
the sum of ONE AND NO/100 DOLLAR($1.00), and other good and valuable consideration to
us in hand paid by the JEFFERSON COUNTY DRAINAGE DISTRICT NO. 6("JCDD6"),
a special district of the State of Texas,hereinafter called"GRANTEE",the receipt and
sufficiency of which consideration is hereby acknowledged,have GRANTED, SOLD and
CONVEYED,and by these presents do GRANT, SELL and CONVEY unto the JCDD6,6550
Walden Road,Beaumont,Texas 77707,Jefferson County,Texas,its successors and assigns,
Drainage Easements and the right to construct, alter, and maintain drainage improvements and
appurtenances on the hereinafter described lands which said easements are under, over,in and
across that certain tracts or parcels of land by deed as recorded in Volume 1270,Page 528 and
Volume 1287,Page 50 of the deed records situated in the County of Jefferson, State of Texas,
34
and being more particularly described in Exhibit "A&B" attached and made a part hereof for
all purposes.
The easement herein granted shall be used for the purpose of constructing,maintaining,
operating,altering and replacing a drainage ditch and spoil area.
TO HAVE AND TO HOLD the above described easement and right-of-way unto the
said CITY OF BEAUMONT, its successors and assigns forever.
EXHIBIT"A"
EXECU 1'hD this day of ,2023.
GRANTOR:
City of Beaumont
By:
Printed Name: Kenneth R. Williams
Title: City Manager
STATE OF TEXAS §
COUNTY OF JEFFERSON §
This instrument was acknowledged before me on this the day of ,2023,
by Kenneth R. Williams, City Manager on behalf of the City of Beaumont.
GIVEN UNDER MY HAND AND SEAL OF OFFICE,this day of •
2023.
Notary Public,State of Texas
RETURN TO:
Doug Canant
Jefferson County Drainage District No. 6
6550 Walden Road
Beaumont,TX 77707
(409)842-1818
[jk
EXHIBIT"A"
PARCEL ONE: Being a drainage easement forty(40)feet in width and lying twenty(20) feet each side
of the following described centerline:
BEGINNING at a concrete monument marking the most westerly corner of Lot 2, Block 13, Unit Two,
Suburban Acres Addition to the City of Beaumont, Texas, said point lying in the present north or
northeasterly right of way line of the T&NO Railroad and said point also being North 41 degrees 28
minutes 30 seconds West one hundred sixty-five and three hundredths (165.03) feet from the north or
northwesterly of Lawrence Drive;
THENCE North 41 degrees 28 minutes 30 seconds west along the said present north or northeasterly right
of way line of the T&NO Railroad seventy-five and ninety-nine hundredths (75.99) feet to the
BEGINNING POINT of said centerline;
THENCE North 63 degrees 07 minutes 30 seconds East two hundred six and twenty-two hundredths
(206.22)feet to corner;
THENCE North 47 degrees 22 minutes 30 seconds East six hundred sixteen and thirty-wo hundredths
(616.32)feet to corner;
THENCE North 35 degrees 31 minutes 30 seconds East nine hundred ten and twelve hundredths (910.12)
feet to corner;
THENCE North 01 degree 10 minutes 30 seconds West one thousand three hundred thirty-four and
eighty-five hundredths(1334.85)feet to corner;
THENCE North 05 degrees 10 minutes 30 seconds West seven hundred one and seventy-one hundredths
(701.71)feet to corner;
THENCE North 09 degrees 01 minutes 30 seconds East seventeen and forty-five hundredths(17.45) feet
to corner in the southerly line of a right of way belonging to Gulf State Utilities Company;
The above described easement contains 3.477 acres,more or less.
PARCEL TWO: Beginning at a point in the present north or northeasterly right of way line of the
T&NO Railroad,said point lying North 41 degrees 28 minutes 30 seconds West ninety-six and sixty-six
hundredths (96.66) feet from a concrete monument marking the most westerly corner of Lot 2,Block 13,
Unit Two, Suburban Acres Addition to the City of Beaumont,Texas;
THENCE North 63 degrees 07 minutes 30 seconds East ninety-eight and fourteen hundredths(98.14)feet
to the BEGINNING CORNER of this description;
THENCE North 47 degrees 22 minutes 30 seconds East seven hundred fourteen and seventy-three
hundredths(714.73)feet to corner;
THENCE North 35 degrees 31 degrees 30 seconds East nine hundred five and eight hundredths(905.08)
feet to corner;
THENCE North 01 degrees 10 minutes 30 seconds West one thousand three hundred three and forty-five
hundredths(1303.45)feet to corner;
THENCE North 05 degrees 10 minutes 30 seconds West seven hundred five and twenty-nine hundredths
(705.29)feet to corner;
THENCE North 09 degrees 01 minute 30 seconds East twenty-one and seven-tenths(21.7)feet to corner
in the southerly line of a right of way belonging to Gulf States Utilities Company;
THENCE North 86 degrees 49 minutes 30 seconds East along said Gulf States Utilities Company right of
way twenty(20)feet to corner;
THENCE South 09 degrees 01 minutes 30 seconds West nineteen and fifty-eight hundredths (19.58) feet
to corner;
THENCE South 05 degrees 10 minutes 30 seconds East seven hundred three and five tenths (703.5)feet
to corner;
THENCE South 01 degree 10 minutes 30 seconds East one thousand three hundred twenty-seven and
fifty-two hundredths(1327.52)feet to corner;
THENCE South 35 degree 31 minutes 30 seconds West nine hundred one and forty-one hundredths
(901.41)feet to corner;
THENCE South 47 degrees 22 minutes 30 seconds West six hundred eleven and forty-seven hundredths
(611.47)feet to corner;
THENCE South 63 degrees 07 minutes 30 seconds West one hundred ten and fifty-two hundredths
(110.52)feet to the place of beginning;containing 2.01456 acres,more or less.
PARCEL THREE: Beginning at a point lying North 35 degrees 31 minutes 30 seconds East seventy
(70) feet from the most westerly corner of Lot 6, Block 6, or from the most northerly corner of Lot 5,
Block 6,all in Unit Two,Suburban Acres addition to the City of Beaumont,Jefferson County,Texas;
THENCE North 01 degrees 10 minutes 30 seconds West one thousand three hundred forty-two and
nineteen hundredths(1342.19)feet to corner;
THENCE North 05 degrees 10 minutes 30 seconds West six hundred ninety-nine and ninety-two
hundredths(699.92)feet to corner;
•
• THENCE North 09 degrees 01 minute 30 seconds East fifteen and thirty-two hundredths (15.32) feet to
corner in the southerly line of a right of way belonging to Gulf States Utilities Company;
THENCE South 82 degrees 01 minute East twenty(20) feet to corner, said point lying North 82 degrees
01 minute West eight hundred seventy-one and thirty-five hundredths (871.35) feet from the intersection
of said southerly line of Gulf States Utilities Company with the west line of Block 7,Unit Two,Suburban
Acres Addition;
THENCE South 09 degrees 01 minutes 30 seconds West thirteen and two tenths(13.2)feet to corner;
THENCE South 05 degrees 10 minutes 30 seconds East six hundred ninety-eight and thirteen hundredths
(698.13)feet to corner;
THENCE South 01 degrees 10 minutes 30 seconds East one thousand three hundred sixteen and six
hundredths(1316.06)feet to corner in the westerly line of Block 6,Unit Two,Suburban Acres Addition;
THENCE South 35 degrees 31 minutes 30 seconds West along the said westerly line of said Block 6,
thirty three and forty-seven hundredths (33.47) feet to the place of beginning; containing 0.9377 acre,
more or less.
PARCEL FOUR: Beginning at a concrete monument marking the most westerly corner of Lot 2,Block
13, Unit Two, Suburban Acres Addition to the City of Beaumont, Texas, said point lying in the present
north of northeasterly right-of-way line of the T&NO Railroad and said point also being North 41 degrees
28 minutes 30 seconds West one hundred sixty-five and tluee hundredths (165.03) feet from the north or
northwesterly line of Lawrence Drive;
THENCE North 41 degrees 28 minutes 30 seconds West along the said present north or northeasterly
right of way of the T&NO Railroad fifty-five and thirty-two hundredths(55.32)feet to corner;
THENCE North 63 degrees 07 minutes 30 seconds East two hundred three and seventy-six hundredths
(203.76)feet to corner in the westerly line of Block 13,Unit Two, Suburban Acres Addition;
THENCE South 47 degrees 22 minutes 30 seconds West along the said westerly line of Block 13 one
hundred ninety-seven and twenty-two hundredths (197.22) feet to the place of beginning; containing
0.12521 acre,more or less.
PARCEL FIVE: Beginning at a point on the north line of Grantor's fee right of way strip out of the W.
Dyches Survey A-17,in the City of Beaumont,County of Jefferson,and State of Texas,the same having
been acquired by Gulf States Utilities Company from Mrs. Sallie Caswell by deed dated January 24,
1956,as recorded in Volume 1008,Page 558 of the deed records of said County and State;
The said beginning corner being N 81° 54' W, 856.62' from a concrete monument which marks the
intersection of the north line of said fee right of way with the west line of Block 7 of the Suburban Acres
Addition;at a point S 01°03'E,528' from the north boundary of said subdivision;
•
Thence S 09°08' 30"W, 143.54'to a point in the south line of said 150'right of way;
Thence along said south line N 81°54'W,40' to a point;
Thence N 09°08' 30"E, 143.54'to a point on the north line of said right of way;
Thence along said north line,S 81°54' E,40' to the place of beginning.
This is not a
1Prepared By
pq Jefferson County
survey ! Drainage District No. 6
p Engineering Department
1_, a3
a Parcel 5
liallir
Entergy texas lr;e
Legend:
TR 183 AB-17
Parent Tray Parcel 128335
1,-.__. -1 .:.:: 1 Subjecf Eas: ■
om
II.` Parcel I
3. Acres rim
■
________________IF III
°=r>_50 a Entergy Texas, Inc.
SC ALE Eastex Chinn
Reserve
Mid County Plaza LLC
TR 294 AB-17 Parcel 419742
Parcel 405104 t
.4111111
• Parcel 3
.9377 Acre
me
��
Entergy Texas, Inc. `
Eastex ChinnAPReserve "A' `,
Parcel 419741 `
44.Parcel 2 ,i1
2.01456 Acresil
________ Chinn Ln.
110
Azure Pointe Apartments f a
TR A AB-17 :, 1 �
Parcel 267000Alp, Ai
11111i i•-•..
ti %
Jefferson County
R�et t.767 peua�_ti or*® Drainage District No. 6
TR pence 239136
Ditch. 901 B
Exhibit of Drainage Easements
and Spoil Areas in the
AL City of Beaumont
Parcel 4 „ ` Tract of land in the
® 4 .12521 Acre Exhibit B IvDyehes Survey
/ Abstract 17
Jefferson County, Texas
G
BEAUMONT
TEXAS
TO: City Council
FROM: Kenneth R. Williams, City Manager
PREPARED BY: Todd Simoneaux, Chief Financial Officer
MEETING DATE: April 25, 2023
REQUESTED ACTION: Council consider a resolution approving an annual contract for the
purchase of Cement Slurry for street rehabilitation.
BACKGROUND
Cement Slurry is used by the City for road rehabilitation projects to stabilize soil prior to the
laying of asphalt. The City provides the materials for these projects through this contract and is
applied by the distributor in liquid form.
Bids were requested from four vendors with only Southern Cement Slurry of Porter, Texas
responding. Specifications allow for a twelve (12) month contract with the option of two
renewals of twelve (12) month terms at the same pricing as the awarded contract. This bidder
holds the current contract and meets all the product requirements.
The City estimates the use of approximately 200 Tons of product over the term of the contract at
a total estimated annual cost of$59,066. The bid price represents an increase of$81.73 per Ton
or a thirty eight percent(38%) increase over the current contract. Bid Table is attached.
FUNDING SOURCE
Capital Program.
RECOMMENDATION
Approval of the resolution.
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF BEAUMONT:
WHEREAS, bids were solicited for an annual contract with the option of two (2)
renewals of twelve (12) month terms at the same pricing as the awarded contract for the
purchase of Cement Slurry for street rehabilitation; and,
WHEREAS, Southern Cement Slurry, of Porter, Texas, submitted a bid in the
amount of$59,066.00; and,
WHEREAS, City Council is of the opinion that the bid submitted by Southern
Cement Slurry, of Porter, Texas, in the amount of$59,066.00 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 Southern Cement Slurry, of Porter, Texas, in the
amount of$59,066.00 for an annual contract with the option of two (2) renewals of twelve
(12) month terms at the same pricing as the awarded contract for Cement Slurry for street
rehabilitation 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 Southern Cement Slurry, of Porter, 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 25th day of
April, 2023.
-Mayor Robin Mouton -
CITY OF BEAUMONT- PURCHASING DIVISION
BEAUMONT Terry Welch - Purchasing Manager
409-880-3107
TEXAS terrv.welch@beaumonttexas.gov
BID TABULATION: Annual Contract for Cement Slurry For Road Rehabilitation
BID No. TF0323-16
OPENING DATE: Thursday,April 13, 2023
Vendor * Southern Cement Slurry
City / State Porter, TX
ITEM Qty Unit Price Total
Tons
Cement Slurry 200 $295.33 $59,066.00
TOTAL BID $59,066.00
No Response: Martin Marietta, Texas Material Group, or Texas Concrete.
Qulified Low Bidder was Southern Cement SlurrY, LLC
EXHIBIT"A"
H
BEAUMONT
TEXAS
TO: City Council
FROM: Kenneth R. Williams, City Manager
PREPARED BY: Mike Harris, Director of Water and Sewer Operations
MEETING DATE: April 25, 2023
REQUESTED ACTION: Council consider a resolution authorizing payment in the amount
of$85,962.36 to Gulf Coast Electric Co., Inc., of Beaumont, for
repairs at the Wastewater Treatment Plant for damages that
occurred due to an electrical fire in the MCC1 Building.
BACKGROUND
On January 27, 2023, an electrical fire broke out in the MCC1 building at the Wastewater
Treatment Plant. The fire was isolated to the MCC 1 building,however the main Entergy
service feed powering the plant was lost requiring emergency assessments and repairs.
Gulf Coast Electric Co., Inc., has the City contract and was procured to assess the damaged
switch gear and make emergency repairs so the plant could be switched over from generator
power to the main power.
FUNDING SOURCE
Water Fund Sewer Treatment Plant—Contract Services.
RECOMMENDATION
Approval of the resolution.
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF BEAUMONT:
WHEREAS, on January 27, 2023, an electrical fire occurred at the MCC1 building
at the Wastewater Treatment Plant; and,
WHEREAS, the main Entergy service feed powering the plant was lost requiring
emergency assessments and repairs.
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 payment in the
amount of$85,962.36 to Gulf Coast Electric Co., Inc., of Beaumont, Texas for emergency
repairs at the Wastewater Treatment Plant.
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 25th day of
April, 2023.
-Mayor Robin Mouton -
BEAUMO
TEXAS
Jan. 27, 2023
City of Beaumont Purchasing Department
801 Main Street,Suite 320
Beaumont,Texas 77701
Re: Wastewater Treatment Plant Fire
This letter is to inform you that the City of Beaumont Wastewater Treatment Plant had an electrical
fire on January 27, 2023. The fire was isolated to the MCC1 building, however the main Entergy service
feed powering the treatment plant was lost. Due to this lost feed,we were unable to treat
wastewater. This issue has the potential to be a threat to public health and safety,therefore Water
Utility has deemed this an emergency. Moving forward,the repairs and powering of the Wastewater
treatment Plant will be done on an emergency basis.
We are working to secure generators and a Contractor to perform the necessary cleaning, inspection
and repairs.
If you have any further questions, please feel free to contact me at (409)785-3003
Sincerely,
Mike Harris
Director of Water and Sewer Operations
I �
� I
ti
CITY UTILITIES
T 409.866.0026
F 409.861.4836
1350 Langham Road I Beaumont,TX 77707
beaumonttexas.gov
E '
EXHIBIT"A"
S tkoliff (�t1.�ilt:tSi� Actin honorably and In complete
; 9 Y I� r
le,I10ili%jll1114r. GO„y honesty In all things,
Heb,13;10b Invoice Number: 58104
200E Pecos Street Invoice Daid: Mar 23, 2023
Beaumont,TX 77701 TECi_ 18185 page: 1
1-800-603-9202
Voice: 409-833.2828
Fax: 409-033-4308
WEBS1TE: gulicoaateleetrkr,com •
Contact; arc@aguifcoasteleotrio,com
BIIITo;
CITY OF BEAUMONT-WATER
RECLAMATION
4000LAPIN DR,
BEAUMONT,TX 77705-4319
Customer ID Customer PO Payment Terme
i3MT,CITY OF-WTR REG 430147 • DUE UPON RECEIPT/RETURN OK FEE$25
Sales Rep ID Shipping Method ShIp Date Due Date
PICARO,S UPON RECEIPT
•
Quantity item Description Unit Price Amount
i T LOCATION;4900 LAFIN DR BEAUMONT,TX 77705
ASSESSED GEAR AT SEWER PLANT AND MADE
REPAIRS,
249.60 MANHOUR JOURNEYMAN ELECTRICIAN 70,00 17,465.00
91.50 MANHOUR JOURNEYMAN ELEOTRIQIAN'OT 90,00 8,235.00
2.00 MANHOUR JOURNEYMAN ELECTRICIAN-DT 110,00 220,00
24,00 MANHOUR JOURNEYMAN APPRENTICE 20.00 480,00
12.00 MANHOUR JOURNEYMAN APPRENTICE-OT 26.00 300,00
6,00 MANHOUR BUCKET TRUCK OPERATOR 100,00 000,00
18,00 MANHOUR BACKHOE OPERATOR 70.00 1,120.00
TRINITY ENTERPRISE MONTHLY MAT RENTAL 860,00
CRAWFORD INVOICES 39,869,31
"GEAR RENTAL NOT INCLUDED IN CRAWFORD PRICE
SUMMIT INVOICES 163,64
CED INVOICES 1,716,41
M&I}INVOICES 737,07
RITTER LUMBER INVOICES 117.48
ENERGY RENTAL INVOICES 3,930.48
STOCK INVOICE 538,60
Subtotal Continued
Taxable Sales Amount; Continued Sales Tax ContInued
Total Invoice Amount ContInued
We accept: Check,MasterCard, Payment/Credit Applied
VISA,Discover&American Express TOTAL Continued
*** BONDED AND INSURED***
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Heb,13:90b Invoice Number; 60104
2006 Pecos Street invoice Daio: Mar 23, 2023
Beaumont,TX 77701 TELL 18165
1-800-803-9202 Page: 2
Voice: 409-033-2820
Fax: 409-833-4308
WEI3SITE: cdulrcoastelectrio,com
Contact: ar@gulfooaaieieotrlo,com •
Bill To:
CITY OF BEAUMONT.-WATER
RECLAMATION
4900l.AFIN OR.
BEAUMONT,TX 77706-4319
Customer ID Customer PO Payment Terms
BMT, CITY OF:WTR REC 430147 DUE UPON REOEIPTIRETURN OK FEE$26
Sales Rep ID Shipping Method - Ship Date Due Date
PICARD,S UPON RECEIPT
Quantity item ' Description Unit Price Amount
20%MARK-U-Ir 9,690,39
•
•
Subtotal 86,902.35
Taxable Sales Amount: 0,00 Sates Tax �^
Total invoice Amount 86,962,30
We aooept: Check,MasterCard, i'ayment!Oredlt Applied
VISA,Discover&Amerloan Express TOTAL 00,962,36
** BONDED AND INSURED'`**
f r
BEAUMONT
TEXAS
TO: City Council
FROM: Kenneth R. Williams, City Manager
PREPARED BY: Chris Catalina, Human Resources Director
MEETING DATE: April 25, 2023
REQUESTED ACTION: Council consider an ordinance authorizing an increase in salary
and allowances for Mayor and City Council.
BACKGROUND
The Mayor and Council's salary was previously increased in 1985 when it was approved for
$500/month for the Mayor and $400/month for Councilmembers. This is the current salary for
Mayor and Council along with an administrative and auto allowance. Because the salary has not
increased since 1985, total compensation was evaluated, and the following is proposed:
Mayor Mayor Pro-Tern Councilmember
Annual Annual Annual
Base $12,000 $10,800 $10,800
Admin $15,600 $11,400 $8,400
Auto $8,400 $8,400 $8,400
$36,000 $30,600 $27,600
FUNDING SOURCE
General Fund.
RECOMMENDATION
Approval of the ordinance.
ORDINANCE NO.
ENTITLED AN ORDINANCE INCREASING THE SALARIES OF THE
MAYOR AND COUNCIL; PROVIDING FOR AN EFFECTIVE DATE;
PROVIDING FOR SEVERABILITY AND PROVIDING FOR REPEAL.
WHEREAS, the City of Beaumont has recommended that the present salaries of
the Mayor and Council be increased to ensure quality of leadership on our Council;
WHEREAS, the total compensation and salaries have not been evaluated
since 1985;
NOW, THEREFORE, BE IT ORDAINED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the present salary for the Mayor be increased from Five Hundred Dollars($500)
per month to One Thousand Dollars($1000) per month,the present salary of the Mayor Pro-
Tern from Four Hundred Dollars ($400)to month to Nine Hundred Dollars($900) per month,
and the present salaries of Councilmembers be increased from Four Hundred Dollars($400)
per month to Nine Hundred Dollars($900) per month.
This ordinance shall take effect only upon the next term of office for each
present Councilmember and the Mayor or their successor.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 24th day of
April, 2023.
- Mayor Robin Mouton -
Council Compensation
Mayor
Yearly Monthly
Base $12,000 $1 ,000
Admin. $15,600 $1 ,300
Auto $ 8,400 $700
$36,000 $3,000
Mayor Pro-Tem
Yearly Monthly
Base $10,800 $900
Admin. $11 ,400 $950
Auto $ 8,400 $700
$30,600 $2,550
Councilmembers
Yearly Monthly
Base $10,800 $900
Admin. $8,400 $700
Auto $8,400 $700
$27,600 $2,300
Each Councilmember is provided an electronic device.
No additional benefits.
Cellphone included in Administrative Salary.
Payroll taxes are withheld accordingly.
ORDINANCE NO.
ENTITLED AN ORDINANCE INCREASING THE SALARIES
OF THE MAYOR AND COUNCIL; PROVIDING FOR AN
EFFECTIVE DATE; PROVIDING FOR SEVERABILITY
AND PROVIDING FOR REPEAL.
WHEREAS, based upon a study by the Local Government
Committee of the Beaumont Chamber of Commerce, the City of Beaumont
is well below most cities in Texas of comparable size in regard to
the salaries for the Mayor and Councilmembers; and,
WHEREAS, the Beaumont Chamber of Commerce has recommended
that the present salaries be increased to insure quality
leadership on our Council;
NOW, THEREFORE, BE IT ORDAINED BY THE
CITY OF BEAUMONT:
THAT the present salary for the Mayor be increased from One Hundred
Fifty Dollars ($150) per month to Five Hundred Dollars ($500) per
month and that the salaries of Councilmembers. be increased from One
Hundred Dollars ($100) per month to Four Hundred Dollars ($400) per
month.
This ordinance shall take effect only upon the next term
of office for each present Councilmember and the Mayor or their
successor.
PASSED BY THE CITY COUNCIL of the City•of Beaumont this
the / ,Z`t day of 91---x-e-<-4..-47, , 1985.
- Mayor -
J
BEAUMONT
TEXAS
TO: City Council
FROM: Kenneth R. Williams, City Manager
PREPARED BY: Angela Wright, Chief Technology Officer
MEETING DATE: April 25, 2023
REQUESTED ACTION: Council consider a resolution approving the purchase of server
hosting for the Cityworks and ArcGIS servers by NewEdge
Services, LLC of Frisco, TX.
BACKGROUND
NewEdge Services, LLC is the City's implementation vendor of record for the Cityworks
software. They provide implementation and support services for both Cityworks and ArcGIS.
Both products are critical and must be available both onsite for City employees and offsite for
citizens and field workers.
To make better use of the high availability of cloud server options and take advantage of all
services provided by our relationship with NewEdge,the Cityworks and ArcGIS servers will be
moved to the NewEdge cloud hosting service.
This agreement is for an annual period beginning April 2023 in the amount of$106,000. This
cost includes $11,000 in one-time implementation fees.
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 is hereby authorized to purchase sever hosting for
the Cityworks and ArcGIS servers by NewEdge Services, LLC, of Frisco, Texas in the
amount of$106,000.00, which includes the one-time implementation fees of$11,000.00.
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 25th day of
April, 2023.
-Mayor Robin Mouton -
Date: May 18, 2022
Customer: City of Beaumont New-Edge
801 Main St SERVICES,LLC
Beaumont,TX 77701
Quoted By: Brad Daugherty
469-766-3732
bdaugherty@newedgeservices.com
Item Description Total Fee
1.0 On-Premise to Cloud Hosted Solution Migration $3,500
NewEdge will transition the City of Beaumont's Cityworks AMS,Cityworks PLL and
related applications from City servers to the NewEdge Cloud. NewEdge will install
and configure the Cityworks system components in the NewEdge Cloud along with
a copy of the existing database. After thorough testing, NewEdge will migrate the
Cityworks database and applications to the NewEdge Cloud. The migration will be
performed outside of office hours and scheduled to best meet the client's needs.
2.0 Cloud Hosting $50,000
NewEdge will host the City of Beaumont's Cityworks AMS, Cityworks PLL and Annually
related applications on multiple cloud servers and provide all administration,
including: hardware, software(Cityworks, SQL Server), and database
administration. City staff and the public(where allowed)will have access to
Cityworks through the cloud but the City will NOT be responsible for administering
any aspect of Cityworks, except as desired by City staff. Users with administrative
privileges will have access to the Designer module of Cityworks.
The Hosted solution includes:
• 2 Desktop Workspaces
O 250 GB
o Provides remote desktop access for users to access Designer,
report creation or modifications, GIS edits, or GIS configuration
changes.
o Will utilize City's Esri and Cityworks license
• Application Server
O 500 GB
o Data drive to house Cityworks
o Will utilize City's Esri and Cityworks license
• Database Server
O 30 GB database size
o Hosts the Cityworks and Esri Geodatabase
o SQL Server included
• Cityworks Test Environment
• 1 major software upgrade annually, performed outside office hours.
Upgrades will only be performed with client approval and scheduled
accordingly with the client to best meet the client's needs.
• Minor software upgrades/patches will be applied at client's discretion,
performed outside office hours
• All servers are fully backed up nightly, including operating system and data
drives, and backups are retained for 8 days
• Operating system patches and updates will be made during maintenance
windows on the 151 Saturday of the month @ 8:00 UTC. Patches and
updates will be tested prior to installation on production.
• All GIS and/or Cityworks support outside of system administration will be
billed through a separate hourly support contract.
The fees quoted are good for 60 days from the date listed. The information contained within this quotation is confidential and
proprietary and shall not be released to a third party without the consent of NewEdge Services,LLC.
9191 Kyser Way.Suite 103 I Frisco.TX 75033 I v:469.888.5044 I f:214.705.15731 I www.newedgeservlces.com
EXHIBIT"A"
New-Edge
SERVICES.LLC
Client Responsibilities
• The above Cityworks environment requires a hosted ArcGIS Enterprise
environment or for the City to provide GIS services that can be consumed
by Cityworks from the NewEdge cloud.
• The above cloud environment will utilize the client's Cityworks ELA and
ArcGIS Enterprise license (GIS licensing is depended on desired
architecture). Maintenance for the Cityworks and GIS software would be
paid by the client to Azteca, Inc. and Esri, respectively.
• The client is responsible for local hardware(desktops, laptops,servers,
mobile devices,etc.)and internet connectivity.
Special Terms and Conditions
Amazon Web Services, Inc.
Client acknowledges that hosting services originate with Amazon Web
Services, Inc. ("AWS")and that both NewEdge and Client are bound by the
terms that govern AWS products and services. Client expressly
acknowledges that Materials and Services provided by NewEdge to Client
can be no more robust than those provided by AWS to NewEdge and
agrees to comply with the terms and conditions that govern AWS products
and services and that govern the relationship between NewEdge and AWS
as they may be amended from time to time.Client may access such terms
as may be relevant to the Materials and Services provided by NewEdge to
Client at the following web links:
a. AWS Customer Agreement applicable to all AWS offerings provided by
NewEdge.
https://aws.amazon.com/agreement/
b. Amazon EC2 Service Level Agreement applicable to Amazon Elastic
Compute Cloud ("Amazon EC2")and Amazon Elastic Block Store
("Amazon EBS") offerings.
https://aws.amazon.com/ec2/sla/
c. Amazon Relational Database Service("Amazon RDS")
https://aws.amazon.com/rds/sla/
Environmental Systems Research Institute, Inc. (Esri)
Client acknowledges that hosting services utilize licensed products from
Environmental Systems Research Institute, Inc. (Esri) and that both
NewEdge and Client are bound by the terms that govern Esri products and
services. Client expressly acknowledges that Materials and Services
provided by NewEdge to Client can be no more robust than those provided
by Esri to NewEdge and agrees to comply with the terms and conditions
that govern Esri products and services and that govern the relationship
between NewEdge and Esri as they may be amended from time to time.
Client may access such terms as may be relevant to the Materials and
Services provided by NewEdge to Client at the following web links:
a. Esri Master Agreement
http://www.esri.com//media/Files/Pdfs/legal/pdfslmla_e204_e300/
english.pdf
b. Esri Legal Information
http://www.esri.com/legallsoftware-license
The fees quoted are good for 60 days from the date listed. The information contained within this quotation is confidential and
proprietary and shall not be released to a third party without the consent of NewEdge Services,LLC.
9191 Kyser Way.Suite 103 I Frisco.TX 75033 I v:469.888.5044 I f:214.705.15731 I www.newedgeservlces.com
New-Edge
SERVICES.LIC
Azteca Systems, Inc. (Cityworks)
Client acknowledges that hosting services utilize licensed products from
Azteca Systems, Inc. (Cityworks) and that both NewEdge and Client are
bound by the terms that govern Cityworks products and services. Client
expressly acknowledges that Materials and Services provided by NewEdge
to Client can be no more robust than those provided by Cityworks to
NewEdge and agrees to comply with the terms and conditions that govern
Cityworks products and services and that govern the relationship between
NewEdge and Cityworks as they may be amended from time to time. Client
may access such terms as may be relevant to the Materials and Services
provided by NewEdge to Client through the Clients MyCityworks.com login.
The fees quoted are good for 60 days from the date listed. The information contained within this quotation is confidential and
proprietary and shall not be released to a third party without the consent of NewEdge Services,LLC.
9191 Kuser Way.Suite 103 I Frisco.TX 75033 I v:469.888.5044 I f:214.705.15731 I www.newedgeservlces.com
Date: May 18, 2022
Customer: City of Beaumont New-Edge
801 Main St SERVICES.LLC
Beaumont,TX 77701
Quoted By: Brad Daugherty
469-766-3732
bdaugherty@newedgeservices.com
Item Description Total Fee
1.0 On-Premise to Cloud Hosted Solution GIS Migration $7,500
NewEdge will transition the City of Beaumont's ArcGIS Enterprise from City servers
to the NewEdge Cloud. NewEdge will install and configure the Esri Enterprise
components(ArcGIS Server, enterprise Geodatabase, Portal for ArcGIS, and
ArcGIS Data Store) in the NewEdge Cloud. After thorough testing, NewEdge will
migrate the enterprise geodatabase and any web mapping applications to the
NewEdge Cloud. The migration will be performed outside of office hours and
scheduled to best meet the client's needs.
2.0 Cloud Hosting $45,000
NewEdge will host the City of Beaumont's ArcGIS Enterprise on multiple cloud Annually
servers and provide all administration, including: hardware, software(Esri and SQL
Server), and database administration. City staff and the public will have access to
select GIS mapping web/mobile applications through the cloud but the City will
NOT be responsible for administering any aspect of ArcGIS Enterprise, except as
desired by City staff. GIS data edits will continue to be performed by City personnel
through services published from the cloud environment.
The Hosted solution includes:
• 1 Desktop Workspace
O 250 GB
o Provides remote desktop access for GIS edits or GIS configuration
changes.
o Will utilize City's Esri license
• ArcGIS Server
O 250 GB
o Dedicated ArcGIS Server machine
o Will utilize City's Esri license
• Database Server
O 30 GB database size
o Hosts the Esri Geodatabase
o SQL Server included
• Portal Server
O 250 GB
o Hosts Portal for ArcGIS
• Data Store Server
O 1 TB database size
o Hosts ArcGIS Data Store
• The NewEdge UniquelD Tool(See Description Below)
• 1 major software upgrade annually, performed outside office hours.
Upgrades will only be performed with client approval and scheduled
accordingly with the client to best meet the client's needs.
• Minor software upgrades/patches will be applied at client's discretion,
performed outside office hours
• All servers are fully backed up nightly, including operating system and data
The fees quoted are good for 60 days from the date listed. The information contained within this quotation is confidential and
proprietary and shall not be released to a third party without the consent of NewEdge Services,LLC.
9191 Kyser Way.Suite 103 I Frisco,TX 75033 I v:469.888.5044 I f:214.705.15731 I www.newedgeservlces.com
1111111111
New-Edge
SERVICES.LLC
drives, and backups are retained for 8 days
• Operating system patches and updates will be made during maintenance
windows on the 1st Saturday of the month @ 8:00 UTC. Patches and
updates will be tested prior to installation on production.
• All GIS support outside of system administration will be billed through a
separate hourly support contract.
Client Responsibilities
• The above cloud environment will utilize the client's ArcGIS Enterprise
license. Maintenance for the GIS software would be paid by the client to
Esri.
• The client is responsible for local hardware(desktops, laptops, servers,
mobile devices,etc.)and internet connectivity.
Special Terms and Conditions
Amazon Web Services, Inc.
Client acknowledges that hosting services originate with Amazon Web
Services, Inc. ("AWS")and that both NewEdge and Client are bound by the
terms that govern AWS products and services. Client expressly
acknowledges that Materials and Services provided by NewEdge to Client
can be no more robust than those provided by AWS to NewEdge and
agrees to comply with the terms and conditions that govern AWS products
and services and that govern the relationship between NewEdge and AWS
as they may be amended from time to time.Client may access such terms
as may be relevant to the Materials and Services provided by NewEdge to
Client at the following web links:
a. AWS Customer Agreement applicable to all AWS offerings provided by
NewEdge.
https://aws.amazon.com/agreement/
b. Amazon EC2 Service Level Agreement applicable to Amazon Elastic
Compute Cloud("Amazon EC2")and Amazon Elastic Block Store
("Amazon EBS")offerings.
https://aws.amazon.com/ec2/sla/
c. Amazon Relational Database Service("Amazon RDS")
https://aws.amazon.com/rds/sla/
Environmental Systems Research Institute, Inc. (Esri)
Client acknowledges that hosting services utilize licensed products from
Environmental Systems Research Institute, Inc. (Esri)and that both
NewEdge and Client are bound by the terms that govern Esri products and
services. Client expressly acknowledges that Materials and Services
provided by NewEdge to Client can be no more robust than those provided
by Esri to NewEdge and agrees to comply with the terms and conditions
that govern Esri products and services and that govern the relationship
between NewEdge and Esri as they may be amended from time to time.
Client may access such terms as may be relevant to the Materials and
Services provided by NewEdge to Client at the following web links:
a. Esri Master Agreement
http://www.esri.com//media/Files/Pdfs/legal/pdfs/mla_e204_e300/
english.pdf
The fees quoted are good for 60 days from the date listed. The information contained within this quotation is confidential and
proprietary and shall not be released to a third party without the consent of NewEdge Services,LLC.
9191 Kyser Way.Suite 103 I Frisco.TX 75033 I v:469.888.5044 I f:214.705.15731 I www.newedgeservlces.com
NewEdge
SERVICES.LLC
b. Esri Legal Information
http://www.esri.com/legal/software-license
NewEdge UniquelD Tool Description
NewEdge Services, LLC (NewEdge)will install the NewEdge Unique ID Tool on the
client's hardware. The tool will be configured to meet the specific requirements of
the client and will maintain unique IDs for designated feature classes within the
geodatabase. Designed to work seamlessly with the GIS database,the NewEdge
Unique ID Tool generates custom, unique IDs for GIS features with the following
highlights:
• Allows for multiple ID formats in same attribute; Legacy ID's remain active
• Globally unique IDs across database
• Saves configuration for easy modifications
• Automatically assigns IDs, eliminating user error or duplicate ID's
generated through manual ID processes
• Batch ID generation functionality-for use with new or imported datasets
The fees quoted are good for 60 days from the date listed. The information contained within this quotation is confidential and
proprietary and shall not be released to a third party without the consent of NewEdge Services,LLC.
9191 Kuser Way.Suite 103 I Frisco.TX 75033 I v:469.888.5044 I f:214.705.15731 I www.newedgeservices.com
NewEdge Services, LLC
Master Agreement for Material and Services
This Material and Services Agreement(hereinafter"Agreement"),is between NewEdge Services,LLC,a Texas limited
liability company, and its subsidiaries, parents,affiliates,successors,and assigns("NewEdge"),and City of Beaumont,TX,
and its subsidiaries, parents, affiliates,successors,and assigns,each of them ("Client"),each of which may be referred to
in the singular as"Party"or in the plural as"Parties."
Article I. SCOPE OF AGREEMENT
NewEdge shall provide to Client such Materials and Services as described in Appendix A—Statement of Work at the
prices set therein,or any Order executed under this Agreement substantially in the form of Appendix B-Order, subject
to the terms and conditions of this Agreement. Any Order in effect on the date when this Agreement expires or is
terminated shall continue in effect until such Order either(i) expires by its own terms or(ii) is separately terminated,
prior to its own scheduled expiration,as provided in this Agreement. The terms and conditions of this Agreement shall
continue to apply to such Order as if this Agreement were still in effect.
Article II. TERM OF AGREEMENT
This Agreement shall commence and be effective on the date when signed by the last Party("Effective Date")and shall
continue for a term of one year.This Agreement shall be renewable for two one-year terms.
DEFINITIONS
"Affiliate"with respect to either Party to this Agreement or any Order under this Agreement means a business
association that has legal capacity to contract on its own behalf,to sue in its own name,and to be sued, if and only if
either(a)such business association owns,directly or indirectly,a majority interest in such Party(its"parent company"),
or(b)a thirty percent(30%)or greater interest in such business association is owned,either directly or indirectly, by
such Party or its parent company.
"Documentation" means all tangible and intangible written materials including user instructions and training materials
or other such materials as necessary in NewEdge's sole and exclusive judgment shall be required to demonstrate or
explain a requirement,provision,or other detail.
"Information" means without limitation,with respect to a Party,all information of any sort in any form including without
limitation confidential,proprietary or trade secret information of such Party or of a third party that is in the possession
of such Party, including discoveries,ideas,concepts,know-how,techniques, processes, procedures,designs,
specifications,strategic information,proposals,requests for proposals, proposed products,drawings, blueprints,
tracings,diagrams, models,samples,flow charts,data,computer programs,marketing plans,employee personal
information, health or financial information,authentication credentials,operations, infrastructure, network and system
configurations and settings, user interface designs,class libraries,objects,facilities, products, pricing whether expressed
as fixed price or hourly rates, customer lists, regulatory compliance,competitors and other technical,financial or
business information,whether disclosed in writing,orally,or visually, in tangible or intangible form, including in
electronic mail or by other electronic communication.
Page 1 of 13
NewEdge Services,LLC—Confidential Information
This Agreement is not for use or disclosure outside the Parties to this Agreement,their Affiliates,and
their third-party representatives,except under written agreement by the contracting Parties.
"Laws" includes all federal,state, provincial,regional,territorial, and local laws, statutes,ordinances, regulations,rules,
executive orders, supervisory requirements,directives,circulars,opinions,interpretive letters and other official releases
of or by governmental authority.
"Material" means a unit of Documentation or software,whether created by NewEdge for Client as a custom application,
un-modified commercial off the shelf software,or commercial off the shelf software modified by NewEdge at NewEdge's
election, purchased or licensed hereunder by Client from NewEdge or otherwise provided by or on behalf of NewEdge,
including third party Material provided or furnished by NewEdge. "Material" shall be deemed to include any working or
preliminary draft or revised draft whenever it shall be provided by NewEdge.
"Services"means anything that is not otherwise Material, including any labor or service, provided in connection with this
Agreement or any Order under this Agreement.
"Specifications" means(a) NewEdge's applicable specifications and detailed descriptions in whatever form such may be
described in Appendix A—Statement of Work or any Order executed under this Agreement, and (b)Client's
requirements,requests,and descriptions specified in,or attached to,Appendix A—Statement of Work or any Order
executed under this Agreement,which shall control over an inconsistency with Client's specifications and descriptions
wherever they may be stated except as expressly stated in this Agreement or any Order under this Agreement.
"Subcontractor"or"subcontractor" means any person or entity(including an agent)supplying labor or materials to
perform any or all of either Party's obligations under this Agreement or any Order under this Agreement, including any
person or entity at any tier of subcontractors,and shall not be limited to those persons or entities with a direct
relationship with such Party.
Article III. TERMS AND CONDITIONS
1.0 Delivery of Materials and Performance of Services
1.1 Delivery of Materials—NewEdge shall deliver Materials reasonably conforming to the Specifications provided in
Appendix A—Statement of Work or any Order executed under this Agreement as provided in the section entitled
Electronic Data Transmission and as determined solely and exclusively in the discretion of NewEdge,such delivery
of Materials shall constitute notice of completion ("Notice of Completion")of the NewEdge promise of Materials.
1.2 Delivery of Services—NewEdge shall deliver Services reasonably conforming to the Specifications provided in
Appendix A—Statement of Work and,as determined solely and exclusively in the discretion of NewEdge,such
delivery of Services shall constitute Notice of Completion of NewEdge promise of Services.
1.3 Acceptance by Client—Client shall notify NewEdge in writing of non-acceptance of any such Materials or Services
within 20 business days of receipt of Notice of Completion and,as determined solely and exclusively in the
discretion of NewEdge,should any revisions,additions,conversions,or any other such adjustments be required,
NewEdge in its sole and exclusive discretion shall deliver such Materials and Services within a time period
determined by NewEdge as required to achieve reasonable compliance with the Specifications provided in
Appendix A—Statement of Work.At such time as NewEdge determines the Materials and Services have achieved
reasonable compliance with the Specifications provided in Appendix A---Statement of Work, NewEdge shall have
no further obligation to provide to Client any revisions,additions,conversions,or any other such adjustments.At
such time NewEdge shall be deemed to have completely fulfilled its obligations under the Agreement or any
Order under this Agreement.
Page 2 of 13
NewEdge Services,Lit—Confidential Information
This Agreement is not for use or disclosure outside the Parties to this Agreement,their Affiliates,and
their third-party representatives,except under written agreement by the contracting Parties.
2.0 License Grant
2.1 Client is granted a limited, nonexclusive, non-transferable license to use and distribute NewEdge's Materials solely
and exclusively for the purposes of the objectives stated in Appendix A—Statement of Work,provided Client
performs its obligations as described in the Agreement, including without limitation payment of fees as provided
in the Agreement. Except as provided in the Agreement, no other license or right shall be granted or implied.
Client shall not transfer any license granted by this Agreement or any Order under this Agreement to another
without prior express consent of NewEdge.Any use,except as granted in this Agreement,shall be at sole risk of
Client without liability to NewEdge.
2.2 Should Client utilize NewEdge's Materials in whole or part for any purpose,except as provided in the Agreement,
or expressly authorized by NewEdge in a signed writing,Client hereby expressly releases NewEdge from all claims
and causes of action resulting from such use,and agrees to defend,and hold harmless NewEdge from all costs
and expenses related to said claims and causes by any third party.Client's duty under this provision shall not
constitute a waiver of any of NewEdge's rights or remedies under this Agreement or any Order under this
Agreement or elsewhere.
3.0 invoicing and Payment
3.1 Invoice Contents—NewEdge shall render an invoice for Materials and Services delivered as provided in Appendix
A—Statement of Work specifying in reasonable detail: [i] Materials and Services to which the invoice applies, [ii]
total amount due for each such Materials and Services delivered, [iii]total amount due for the invoice, [iv]date on
which invoice was submitted ("Invoice Date"),and [v]either the physical address or direct deposit account via
electronic fund transfer(EFT)to which payments must be remitted.
3.2 Invoice Payment Deadline—Client must remit payment in full for each invoice submitted pursuant to the
Agreement or any Order under this Agreement for Materials and Services delivered as provided in Appendix A—
Statement of Work no later than 30 calendar days after the Invoice Date.
a. Temporary Suspension of NewEdge Performance—Should Client fail to pay any invoice within 30 calendar
days of the Invoice Date, NewEdge may at its sole and exclusive election, upon written notice to Client,
suspend further work until all outstanding invoices are paid in full.Client expressly agrees to hold NewEdge
harmless from any claim or liability under the Agreement or any Order under this Agreement or otherwise
which may result from such suspension to the extent allowable by law.
b. Termination of the Agreement or any Order under this Agreement—Should Client fail to pay any invoice
within 90 calendar days of the Invoice Date, NewEdge may at its sole and exclusive election, upon written
notice to Client,terminate the Agreement. Upon such written notice of termination, Client shall pay in full
all fees due under the Agreement or any Order under this Agreement without regard to what portion of the
Materials and Services provided in Appendix A—Statement of Work were actually delivered by NewEdge.
Client expressly agrees to indemnify and hold NewEdge harmless from any claim or liability under the
Agreement or any Order under this Agreement or otherwise which may result from such suspension.
c. Deemed Valid Invoices—Each invoice will be deemed valid when received and accepted by Client and shall
be timely paid as provided herein.
d. Unpaid Invoices and Collections—For any invoice not timely paid as provided in this provision, NewEdge
may charge and Client agrees to pay interest on any such unpaid at the rate of one point five percent(1.5%)
per month (18%APR)for past due payments or the maximum rate allowed by law,whichever is less.
Invoices not paid by Client within 90 calendar days may,at the sole and exclusive election of NewEdge, be
pursued by collections or legal action.Should NewEdge elect to pursue collections or legal action,Client
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NewEdge Services,LLC—Confidential Information
This Agreement is not for use or disclosure outside the Parties to this Agreement,their Affiliates,and
their third-party representatives,except under written agreement by the contracting Parties.
agrees to pay any reasonable fees incurred by NewEdge including without limitation collection agency fees,
attorney fees and court costs in addition to amounts due under any invoice as provided in the Agreement.
e. All provisions under this Section shall be subject to Chapter 2251 of the Texas Government Code.Any
provisions that conflict with Chapter 2251 are hereby amended to conform.
3.3 Taxes Included in Invoice—Except as specifically noted on any invoice,all payment made by Client to NewEdge
shall be deemed to include all taxes and other charges levied by any government agency on NewEdge relating to
its services.Client is a tax-exempt entity and shall provide evidence of same to NewEdge prior to receipt of the
first invoice.
4.0 Personnel and Provision of Materials and Services
4.1 NewEdge Personnel—Personnel provided by NewEdge shall be considered solely the employees of NewEdge or
its Subcontractors and not employees or agents of Client. NewEdge has and shall retain the right to exercise full
control of and supervision over the creation of Materials and performance of the Services and full control over the
employment,direction, assignment,compensation,and discharge of all personnel creating the Materials and
performing the Services. NewEdge and its Subcontractors are and shall be solely responsible for all matters
relating to compensation and benefits for all personnel provided by NewEdge.
4.2 Materials and Services Provided by Others—If any part of NewEdge Materials or Services is dependent upon work,
information or other condition precedent Materials or Services by others under control of Client,then Client shall
inspect to ensure such work, information or other condition precedent Materials or Services sufficiently fulfills the
quality needed for NewEdge to create subsequent Materials and or perform subsequent Services. Each Party shall
promptly report to the other Party any defect or other deficiency in work, information or other condition
precedent materials or services by others under control of Client that renders such materials or services
unsuitable for NewEdge's proper performance. In such case,the Parties shall work together to remedy such
defects or deficiencies and NewEdge shall not be held in breach of any provision of the Agreement or any Order
under this Agreement as a result of such defects or deficiencies.
4.3 Use of Subcontractors—NewEdge may, in its sole and exclusive discretion, use Subcontractors to create any
portion of the Materials or perform any portion of the Services. NewEdge shall provide to Client, upon request,
information about the Subcontractor including the identity,the location,and a complete description,of the
activities to be performed by such Subcontractor.NewEdge shall remain responsible for the acts or omissions of
its approved Subcontractors to the same extent as if such acts or omissions were performed by NewEdge.
5.0 Intellectual Property
5.1 Definitions—For purposes of this provision,the following terms govern:
a. "Items"shall mean any or all inventions,discoveries, ideas, (whether patentable or not),and all works and
materials,including but not limited to products,devices, computer programs,source codes,designs,files,
specifications,texts, drawings, processes,data or other information or Documentation in preliminary or
final form,and all Intellectual Property Rights in or to any of the foregoing.
b. "Excluded Materials" shall mean: [i] Client's Pre-Existing Materials; [ii] Client's Independently Developed
Materials;and [iii] Client's Mere Reconfigurations.
c. "Client's Pre-Existing Materials"shall mean those Items owned by Client to the extent and in the form that
they both existed prior to the date NewEdge began any work under this Agreement or any Order under this
Agreement and were created without any use of any NewEdge Items.Client's Pre-Existing Materials shall
not,however, include Paid-For Enhancements thereto.
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NewEdge Services,LLC—Confidential Information
This Agreement is not for use or disclosure outside the Parties to this Agreement,their Affiliates,and
their third-party representatives,except under written agreement by the contracting Parties.
d. "Client's Independently Developed Materials"shall mean those Items that have been developed by Client,
or on Client's behalf, both [i]without use of any NewEdge Items;and [ii] independently of any work
performed under any Agreements between or among the Parties.
e. "Client's Mere Reconfigurations" means those specific reconfigurations of Client's Pre-Existing Materials
performed by NewEdge,or on NewEdge's behalf,but only to the extent that such reconfiguration is an
alteration to such Materials required to permit Client's Materials to function as a precondition as described
in Appendix A—Statement of Work. In no event shall Mere Reconfigurations include enhancements,
modifications,or updates that are not contained in Client's Pre-Existing Materials and that add any
features,functionality,or capabilities.
f. "Intellectual Property Rights"means all patents(including all reissues,divisions,continuations,and
extensions thereof)and patent applications,trade names,trademarks,service marks,logos,trade dress,
copyrights,trade secrets,mask works,rights in technology, know-how,rights in content,or other
intellectual property rights,protected under the Laws of any governmental authority having jurisdiction.
g. "Paid-For Development" means any and all Items to the extent produced or developed by or on behalf of
Clients or its employees,agents,or direct or indirect contractors or suppliers(and whether completed or in-
progress)or forming part of any Materials pursuant to this Agreement or any Order under this Agreement
for the development of which NewEdge has been paid monies pursuant to this Agreement. Paid-For
Development shall always exclude all Excluded Materials,but shall include(without limitation)any
modifications,alterations or updates of any Excluded Materials that otherwise fall within the definition of
Paid-For Development. NewEdge's ownership of Paid-For Development shall,of course, be subject to
Client's underlying rights and ownership in Client's Excluded Materials.
h. "Provided Items" means Items created by or on behalf of NewEdge or directly or indirectly provided to
Client(in any form,including,without limitation,verbally) by or on behalf of NewEdge.
5.2 Reservation of Rights—The Parties hereby acknowledge and agree that notwithstanding any other provision in
the Agreement, NewEdge is not transferring or granting to Client any right,title,or interest in or to(or granting to
Client any license or other permissions in or to)any or all:a)Items created by or on behalf of Client or directly or
indirectly provided to Client(in any form, including,without limitation,verbally) by or on behalf of NewEdge; b)
Paid For Development or c)Intellectual Property Rights, including,without limitation, any Intellectual Property
Rights in or to any NewEdge Provided Items or Paid-For Development.The sole exceptions to the foregoing
reservation of rights are that [1] NewEdge hereby grants Client such license as is described in Section 2.0 License
Grant, [2] raw data collected [a)by client without NewEdge assistance or[b] by NewEdge for compensation on
Client's behalf, and [3] customized Crystal Reports' reports created by NewEdge for compensation on Client's
behalf. In no way expanding the foregoing license,said license in no manner permits Client to(and Client hereby
promises not to without the explicit prior written and signed consent of NewEdge) make use of any NewEdge
Provided items, Paid-For Development,or Intellectual Property Rights either for the benefit of any third party or
other than as agreed in a signed writing by NewEdge or expressly provided in the Agreement.
5.3 Client Acts and Obligations—Client shall promptly take or secure such action(including, but not limited to,the
execution,acknowledgment,delivery,and assistance in preparation of documents or the giving of testimony)as
may be reasonably requested by NewEdge to evidence,transfer, perfect,vest or confirm NewEdge's right,title
and interest in any Paid-For Development.Client shall, in all events and without the need of NewEdge's request,
secure all Intellectual Property Rights in any Paid-For Development(and any licenses specified above in any
Excluded Materials)from each employee,agent,subcontractor or sub-supplier of Client who has or will have any
rights in the Paid-For Development or Excluded Materials.
5.4 License Grant to Excluded Materials—If and to the extent that Client embeds any Excluded Materials in the Paid-
For Development,Client hereby grants and promises to grant and have granted to NewEdge and its Affiliates a
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New Edge Services,LLC—Confidential Information
This Agreement is not for use or disclosure outside the Parties to this Agreement,their Affiliates,and
their third-party representatives,except under written agreement by the contracting Parties.
royalty-free, nonexclusive,sublicensable,assignable,transferable, irrevocable, perpetual world-wide license, in
and to the Excluded Materials and any applicable Intellectual Property Rights of Client to use,copy,modify,
distribute, display, perform, import, make,sell,offer to sell,and exploit(and have others do any of the foregoing
on or for NewEdge's or any of its Affiliates behalf or benefit)the Excluded Materials but only for purposes of
creating the Materials and performing the Services as provided in this Agreement.
6.0 Compliance
6.1 Compliance With Laws—Both Parties shall comply with all Laws attendant upon this Agreement,or any Order
under this Agreement and Client utilization of the Materials and Services provided in Appendix A—Statement of
Work.Client shall procure all approvals,bonds,certificates,insurance,inspections, licenses,and permits that such
Laws require for the performance of NewEdge under this Agreement.Client shall create and maintain any
necessary records, provide any certificate,affidavit or other information or documentation requested or as
otherwise required by NewEdge(a)to show compliance by Client with Laws, (b)to comply or otherwise establish
Client's compliance with Laws or(c)to allow NewEdge to timely respond to any complaints,filings,or other
proceedings. Client shall,to the extent it becomes aware of any new or previously unknown Law or other such
requirement which may affect NewEdge's performance under this Agreement, promptly inform NewEdge of such
requirement and agrees to indemnify,defend,and hold harmless NewEdge to the extent such requirements are
not promptly communicated by Client to NewEdge.
7.0 Warranties
7.1 General Warranties- Each Party to this Agreement represents and warrants that such party is duly authorized and
has legal capacity to execute and deliver this Agreement. Each Party further represents and warrants to the other
that the execution and delivery of the Agreement or any Order under this Agreement and the performance of
such Party's obligations hereunder have been duly authorized,and that the Agreement is a valid and legal
agreement binding on such party and enforceable in accordance with its terms.Client further represents and
warrants that: (a)all information provided to NewEdge is complete,accurate and correct and any additional time
or expense incurred by NewEdge to reperform, revise or otherwise redo work performed by NewEdge on any
incomplete, inaccurate,or incorrect information provided by Client to NewEdge shall be solely at Client's expense.
7.2 Warranty of Execution-Each Party represents and warrants that the execution and performance of this
Agreement or any Order under this Agreement does not violate any applicable law or other contract or obligation
to which Client is a party or is otherwise bound.
7.3 Warranty of Quality- NewEdge's services shall be performed in a manner consistent with that degree of skill and
care ordinarily exercised by professionals performing similar services in the same locality,at the same site and
under the same or similar circumstances and conditions. NewEdge makes no other representations or warranties,
whether expressed or implied,with respect to the services rendered hereunder.
7.4 Warranty Disclaimers—Not withstanding any assurance of any type elsewhere in the Agreement, NewEdge does
not guarantee any specific result from the Materials or Services provided under the Agreement or any Order
under this Agreement or that Client will achieve any specific result or end as a result of the Materials or Services
provided by NewEdge to Client.THE MATERIALS AND SERVICES ARE PROVIDED"AS IS"AND NewEdge
SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND WITH RESPECT TO THE SERVICES AND THE
SUBJECT MATTER OF THIS AGREEMENT,WHETHER EXPRESS, IMPLIED,OR STATUTORY, INCLUDING WITHOUT
LIMITATION WARRANTIES OF QUALITY, PERFORMANCE, NONINFRINGEMENT, MERCHANTABILITY,OR FITNESS
FOR A PARTICULAR PURPOSE.THE FOREGOING EXCLUSIONS AND DISCLAIMERS ARE AN ESSENTIAL PART OF THIS
AGREEMENT AND FORMED THE BASIS FOR DETERMINING THE PRICE CHARGED FOR THE SERVICES.THIS
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NewEdge Services,LLC—Confidential Information
This Agreement is not for use or disclosure outside the Parties to this Agreement,their Affiliates,and
their third-party representatives,except under written agreement by the contracting Parties.
DISCLAIMER SHALL BE ENFORCED TO THE EXTENT PERMITTED BY LAW IN THOSE JURISDICTIONS THAT MAY LIMIT
THE EXCLUSION OF IMPLIED WARRANTIES.
7.5 Unascertainable Conditions- NewEdge shall not be required to sign any documents, no matter by whom
requested,that would result in NewEdge's having to certify,guaranty,or warrant the existence of conditions that
NewEdge cannot independently ascertain with certainty.
8.0 Confidentiality
8.1 General Confidentiality-Both Parties agree that any Information either provides to the other shall be deemed
confidential and shall be the providing Party's property.The receiving Party shall use such Information for the sole
purpose of providing the Materials and performing the Services under this Agreement or any Order under this
Agreement and such Information shall not be used for any other purpose except as expressly permitted under this
Agreement. Upon expiration or termination of this Agreement or any Order under this Agreement or upon the
providing Party's request, receiving Party shall promptly(i) return all copies of such Information in written,
graphic or other tangible form,or(ii)certify the destruction of all documents and other material in the
possession,custody or control of receiving Party,its affiliates,employees,representatives,subcontractors or
agents that bear or incorporate any part of providing Party's Information.
8.2 Confidentiality Waivers-Neither Party shall not have an obligation to the other with respect to Information
which: (a)at the time of disclosure was already known to the other free of any obligation to keep it confidential
(as evidenced by the other Party's written records prepared prior to such disclosure); (b)is or becomes publicly
known through no wrongful act(such obligations ceasing at the time such Information becomes publicly known);
(c)is lawfully received from a third party,free of any obligation to keep it confidential; (d)is independently
developed by a third party or by the Party against whom an obligation to protect such information is to be
enforced,as evidenced by Party's written records,and wherein such development occurred without any direct or
indirect use of or access to the Information received from the Party seeking to enforce such obligation; or(e)the
providing Party consents in writing to be free of restriction.
8.3 Required Disclosures of Confidential Information
a. Compelled Disclosures of Confidential Information-If either Party is required to provide or disclose
Information to any court or government agency pursuant to a written court order, subpoena,regulatory
demand, or process of law,such Party must,unless prohibited by applicable law,first provide the other
Party with prompt written notice of such requirement and reasonably cooperate with the other Party
should it seek reasonable protective arrangements for the production of such Information. Both Parties will
take reasonable steps to limit any such provision of information to the specific Information required by
such court or agency and continue to otherwise protect all Information disclosed in response to such order,
subpoena, regulation,or process of law.
b. Limiting Disclosure of Confidential Information—Both Parties will limit the disclosure of Information to
employees, representatives,subcontractors,or agents with a need to know who: (i) have been advised of
the proprietary nature thereof;and (ii)have in writing either acknowledged a specific obligation to
maintain the confidentiality of Information or agreed to protect and keep confidential all proprietary
information to which they have access in the scope of their employment.
8.4 Public Information Act-NewEdge acknowledges that Client is a government entity subject to the Public Information
Act,and therefore is limited in its ability to withhold information.Client agrees to timely notify NewEdge of any request
for information identified as Confidential under this Agreement. NewEdge acknowledges that Client is not responsible
for seeking to have requested information withheld on behalf of NewEdge.
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NewEdge Services,tIC—Confidential Information
This Agreement is not for use or disclosure outside the Parties to this Agreement,their Affiliates,and
their third-party representatives,except under written agreement by the contracting Parties.
9.0 Limitation of Damages and Indemnity
9.1 Limitation of Type of Damages-In no event shall either Party be liable to the other or any third party for any
consequential or incidental damages regardless of whether either Party or third party has been apprised of such
damages,however caused, based on any theory of liability including without limitation breach of contract or tort.
9.2 NewEdge Reliance on Client Information-NewEdge shall be entitled to rely,without liability,on the accuracy and
completeness of any and all information provided by Client,Client's consultants and contractors, manufacturers,
suppliers, publishers of technical standards, and information from public records,without the need for
independent verification.To the extent such information appears to be incomplete or inaccurate, NewEdge shall
in good faith advise client accordingly and Client shall promptly cooperate to resolve such inaccuracies or provide
such information as need to provide NewEdge complete information.To the extent such inaccurate or incomplete
information impedes or otherwise delays NewEdge's performance under this Agreement,Client agrees to, hold
harmless,and defend NewEdge and its Affiliates,as well as their respective agents,distributors and
subcontractors, individually or collectively, as the case may be, in accordance with this provision against any loss
arising from,or in connection with, or resulting from,the Materials or Services furnished by NewEdge under this
Agreement or any Order under this Agreement or acts or omissions with respect to this Agreement or any Order
under this Agreement.
9.3 Client General Indemnity of NewEdge—To the extent allowed by law,Client agrees to hold harmless and defend
NewEdge, NewEdge's officers,directors, employees,agents,subcontractors and third-party suppliers or affiliates,
at Client's expense,against any and all third-party claims,actions, proceedings,and suits brought against
NewEdge or any of NewEdge's officers,directors,employees,agents,subcontractors,third-party suppliers or
affiliates,and pay all related liabilities, damages,settlements,penalties,fines,costs or expenses(including,
without limitation,reasonable attorneys'fees and other litigation expenses) incurred by NewEdge or any of
NewEdge's officers,directors,employees,agents, subcontractors,third-party suppliers or affiliates,arising out of
or relating to:(a)Client's breach of any term or condition of this Agreement; (b)Client's fraudulent, illegal or
malicious use of the Materials or Services; (c)Client's violation of applicable Laws,rules or regulations in
connection with the Materials or Services; (d) NewEdge's use of any content or information provided by Client to
NewEdge;or(e)the disclosure of this Agreement. In such a case, NewEdge shall provide Client written or
electronic notice of such claim,suit,or action. Client shall cooperate as fully as reasonably required in the defense
of any claim. NewEdge reserves the right,at NewEdge's own expense,to assume the exclusive defense and
control of any matter subject to indemnification by Client.
10.0 Termination
10.1 Termination for Cause
a. This Agreement or any Order under this Agreement may be terminated in part or whole by either Party for
[1]failure to comply with the terms and conditions of the Agreement,or[2]as provided elsewhere in the
Agreement.
b. In such case as Client elects to terminate for alleged deficiency in Materials provided or Services performed
or alleged failure of NewEdge to comply with the terms and conditions of the Agreement or any Order
under this Agreement and such alleged failure relates directly to the quality or consistency of the
performance by NewEdge under the Agreement,Client shall provide written notice to NewEdge thirty(30)
days in advance of the date of proposed termination.On receipt of such notice,NewEdge shall have a
reasonable time, not to exceed a (30) day period,to remedy such alleged deficiency or failure. If after such
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NewEdge Services,LLC—Confidential Information
This Agreement is not for use or disclosure outside the Parties to this Agreement,their Affiliates,and
their third-party representatives,except under written agreement by the contracting Parties.
remedial effort,the alleged deficiency or failure has not been reasonably cured,the Agreement or any
Order under this Agreement shall be deemed terminated.
10.2 Termination by Agreement—The Agreement or any Order under this Agreement may be terminated by a writing
signed by both Parties. In such case,Client shall pay fees for work performed up to and including the date of
agreed termination in compliance with the terms of the Agreement.
10.3 Temporary Suspension of Work—Should the Client desire to temporarily suspend work under this Agreement or
any Order under this Agreement without terminating the Agreement or any Order under the Agreement,Client
shall provide NewEdge thirty(30)days written notice of such suspension,the reasons for such suspension,and
the proposed date on which work may recommence.Such temporarily suspended work may be resumed on a
mutually agreed date but in no event shall NewEdge be required to agree to a date which unreasonably interferes
with previous or anticipated commitments or scheduled events. In such case,Client shall pay fees for work
performed up to and including the date of agreed suspension in compliance with the terms of the Agreement.
11.0 Miscellaneous Terms
11.1 Electronic Data Transmission
The Parties may exchange communications,documents,and other relevant Materials("Data") electronically, in
place of tangible documents, and unless otherwise agreed in a signed writing,shall direct such Data to the
respective contact listed in the Notices provision of this Agreement.The following additional conditions apply to
any such exchanges:
a. Statute of Frauds.All Data transmitted pursuant to this clause shall be deemed to be a"writing"or"in
writing"for purposes of the Uniform Commercial Code.Any such Data containing or having affixed to it a
Signature shall be deemed for all purposes to: (i)to have been"signed"and"executed," and (ii)to
constitute an"original"when printed from electronic files or records established and maintained in the
normal course of business.
b. Method of Exchange. Data shall be exchanged by direct electronic or computer systems communication
between NewEdge and Client or by indirect communications using a third-party service provider to
translate,forward and/or store such Data. Each Party shall be responsible for the cost(s)and associated
cost(s)of any such third-party service provider with which it contracts.
11.2 Independent Contractor-The relationship of the Parties established by this Agreement is that of independent
contractors, and nothing contained in this Agreement or any Order under this Agreement shall be construed to(a)
constitute Parties as partners,joint venturers,co-owners or otherwise as participants in a joint or common
undertaking,or(b)except to the extent expressly set forth in this Agreement, allow any Party hereto to create or
assume any obligation on behalf of another Party hereto for any purpose whatsoever.
11.3 Cumulative Remedies-The rights and remedies of the Parties set forth in this Agreement are not exclusive of, but
are cumulative to,any rights or remedies now or subsequently existing at law, in equity,by statute or otherwise,
except in those cases where this Agreement or any Order under this Agreement specifies that a particular remedy
is sole or exclusive, but neither Party may retain the benefit of inconsistent remedies. No single or partial exercise
of any right or remedy with respect to one breach of this Agreement or any Order under this Agreement
precludes the simultaneous or subsequent exercise of any other right or remedy with respect to the same or a
different breach.
11.4 Assignment and Delegation-Neither Party may assign,delegate, or otherwise transfer its rights or obligations
under this Agreement,voluntarily or involuntarily,whether by merger,consolidation,dissolution,operation of
law,or any other manner,without the prior written consent of the other Party,except as follows:
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NewEdee Services,LI.0—Confidential Information
This Agreement is not for use or disclosure outside the Parties to this Agreement,their Affiliates,and
their third-party representatives,except under written agreement by the contracting Parties.
a. Permitted Assignment of Rights or Delegation of Duties-Without securing the consent of the other,either
Party may assign its rights,or delegate its duties,or both, in whole or in part:to any present or future
Affiliate of assigning Party,to any lender providing financing to assigning Party,or to any third party that
assumes the operation of or otherwise acquires any substantial portion of the business of assigning Party
affected by this Agreement.
b. Delegation Permitted by this Agreement-NewEdge may subcontract its performance subject to the Section
entitled"Use of Subcontractors."
c. Assignment of Right to Receive Money—Either Party may assign its right to receive money due hereunder,
but any assignment of money is void to the extent(a)the assignor fails to give the non-assigning Party at
least thirty(30)days prior notice,(b)the assignment purports to impose upon the non-assigning Party
additional costs or obligations in addition to the payment of such money,or(c)the assignment purports to
preclude non-assigning Party from dealing solely and directly with assigning Party in all matters pertaining
to this Agreement.
d. Non-Compliant Assignment and Delegations are Void-Any assignment,delegation or transfer for which
consent is required hereby and which is made without such consent given in writing is void.
11.5 Entire Agreement-This Agreement, including all appendices,exhibits, attachments and documents incorporated
by reference,constitutes the final,complete,and exclusive expression of the Parties'agreement on the matters
contained in this Agreement.The terms of this Agreement or any Order under this Agreement shall govern in lieu
of all other pre-printed, standardized,or other provisions that may otherwise appear in any other paper or
electronic record of either Party.All prior written and oral negotiations and agreements,and all
contemporaneous oral negotiations and agreements,between the Parties on the matters contained in this
Agreement or any Order under this Agreement are expressly merged into and superseded by this Agreement or
any Order under this Agreement.The Parties do not intend that the provisions of this Agreement or any Order
under this Agreement be explained,supplemented,or qualified through evidence of trade usage or any prior
course of dealings or any course of performance under any prior agreement. In entering into this Agreement or
any Order under this Agreement, neither Party has relied upon any statement,estimate,forecast, projection,
representation,warranty,action or agreement of the other Party except for those expressly contained in this
Agreement or any Order under this Agreement.There are no conditions precedent to the effectiveness of this
Agreement or any Order under this Agreement other than any expressly stated in this Agreement or any Order
under this Agreement.
11.6 Orders—Client may order Materials or Services by submitting Orders in connection with this Agreement that are
substantially in the form of Appendix B—Order Form.
11.7 Force Majeure-If a Force Majeure Event prevents a party from complying with any one or more obligations under
this agreement,that inability to comply will not constitute breach if(1)that party uses reasonable efforts to
perform those obligations,(2)that party's inability to perform those obligations is not due to its failure to(a)take
reasonable measures to protect itself against events or circumstances of the same type as that Force Majeure
Event or(B)develop and maintain a reasonable contingency plan to respond to events or circumstances of the
same type as that Force Majeure Event, and (3)that party complies with its obligations under this provision.
a. Definition of Force Majeure Event-For purposes of this agreement, "Force Majeure Event" means,with
respect to a Party, any event or circumstance,whether or not foreseeable,that was not caused by that
Party(other than a strike or other labor unrest that affects only that Party,an increase in prices or other
change in general economic conditions,a change in law,ordinance,or other statutory or regulatory
provision with which such Party must comply,or an event or circumstance that results in that party's not
having sufficient funds to comply with an obligation to pay money) and any consequences of that event or
circumstance.
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NewEdge Services,LLC—Confidential Information
This Agreement is not for use or disclosure outside the Parties to this Agreement,their Affiliates,and
their third-party representatives,except under written agreement by the contracting Parties.
b. Force Majeure Event Notice Requirement-If a Force Majeure Event occurs,the noncomplying party shall
promptly notify the other party of occurrence of that Force Majeure Event, its effect on performance,and
how long the noncomplying party expects it to last.Thereafter the noncomplying party shall update that
information as reasonably necessary. During a Force Majeure Event,the noncomplying Party shall use
reasonable efforts to limit damages to the other Party and to resume its performance under this
Agreement.
11.8 Time Not of the Essence—Time is not of the essence.
11.9 Governing Law-This Agreement and all Orders under the Agreement shall be construed in accordance with the
Laws of the state of Texas,without regard to principles of conflicts of law and excluding the United Nations
Convention on Contracts for the International Sale of Goods. For purposes of applying its Uniform Commercial
Code,the Materials and Services provided under this Agreement or any Order under this Agreement shall be
deemed to be"goods."
11.10 Forum
Forum for Judicial Actions-Other than to the extent expressly set forth below in this provision,any legal
action or proceeding arising out of or relating to this Agreement or the transactions it contemplates shall be
brought only in the Fort Worth Division of the United States District Court for the Northern District of Texas
or in any Texas state court sitting in Fort Worth,Texas.. Process in any such judicial action may be served on
a Party anywhere in the world,whether within or without the State of Texas.The choice of forum above
shall not prohibit the enforcement of any judgment obtained in that forum or any other appropriate forum.
11.11 Amendments and Waivers
a. General Amendment-The Parties may not amend this Agreement or any Order under this Agreement
except by a written agreement of the Parties that identifies itself as an amendment to this Agreement or
any Order under this Agreement and is signed by both Parties.
b. General Waivers of Rights-No waiver of any right or condition is effective unless given in writing and
signed by the Party waiving such right or condition. No delay or omission by either Party to exercise any
right or power it has under this Agreement or any Order under this Agreement shall impair or be construed
as a waiver of such right or power.A waiver by any Party of any breach,condition or covenant shall not be
construed to be a waiver of any succeeding breach or condition or of any other covenant.All waivers must
be in writing and signed by the Party waiving its rights.
c. Changes to Scope of Materials or Services-Changes to scope of the Materials or Services as described in
this Agreement or any Order under this Agreement must be expressly stated and comply with the terms of
this Agreement.
11.12 Severability-If any provision of this Agreement or any Order under this Agreement is determined to be invalid,
illegal,or unenforceable,then the remaining provisions of this Agreement or any Order under this Agreement
shall remain in full force to the extent both the economic and legal substance of the transactions contemplated by
this Agreement or any Order under this Agreement are not affected in any manner that is materially adverse to
either Party by severing the provision determined to be invalid, illegal,or unenforceable.
11.13 Construction and Interpretation
a. Joint Drafting and Understanding-This Agreement has been prepared jointly and has been the subject of
arm's length and careful negotiation. Each Party has been given the opportunity to independently review
this Agreement with legal counsel and other consultants,and each Party has the requisite experience and
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NewEdae Services,LLC—Confidential Information
This Agreement is not for use or disclosure outside the Parties to this Agreement,their Affiliates,and
their third-party representatives,except under written agreement by the contracting Parties.
sophistication to understand, interpret and agree to the particular language of its provisions.Accordingly,
the drafting of this Agreement is not to be attributed to either Party.
b. General Construction
(1) Headings contained in this Agreement or any Order under this Agreement are for reference purposes
only and are not to affect the meaning or interpretation of this Agreement.
(2) The word "include" in every form means to include without limitation by virtue of enumeration and a
derivative of a defined term shall have the meaning appropriate to the context of its use.
(3) References to content posted on any website referred to in this Agreement or any Order under this
Agreement shall mean such content as it may be revised from time to time.
(4) Whenever this Agreement or any Order under this Agreement refers to a consent or approval to be
given by either Party,such consent or approval is effective only if given in writing and signed by the
Party giving approval or consent.
(5) The use of singular words includes the plural and vice versa.
11.14 Third Party Beneficiaries-Except as expressly set forth to the contrary in this Agreement,there are no third-party
beneficiaries of this Agreement or any Order under this Agreement,and this Agreement or any Order under this
Agreement shall not provide any third person or entity with any remedy,claim,liability, reimbursement,claim of
action or other legal or equitable right in excess of those existing without reference to this Agreement. NewEdge's
Materials and Services provided through this Agreement or any Order under this Agreement are solely for the
benefit of the Client.
11.15 Survival of Obligations-Obligations and rights under this Agreement or any Order under this Agreement that by
their nature would reasonably continue beyond the termination or expiration of this Agreement or any Order
under this Agreement(including without limitation those in the Sections entitled"Intellectual Property,"
"Compliance," "Warranties,""Confidentiality," Limitation of Damages and Indemnity,"and "Miscellaneous
Terms")shall survive the termination or expiration of this Agreement or any Order under this Agreement.
11.16 Notices
a. Each Party giving or making any notice,consent, request,demand,or other communication pursuant to this
Agreement or any Order under this Agreement must give the notice in writing and use one of the following
methods,each of which for purposes of this provision is a writing: by hand;certified mail(return receipt
requested and postage prepaid); U.S. Postal Service overnight or priority mail; internationally recognized
overnight courier(in either case with all fees prepaid);or email. Each Party giving a notice shall address the
notice to the appropriate person(the"Addressee")at the receiving Party at the address listed below:
(1) NewEdge:
Laura Carr,Chief Operating Officer
9191 Kyser Way,Suite 103
Frisco,TX 75033
469-766-3732-Icarr@newedgeservices.com
(2) CLIENT:
City of Beaumont,TX
Angela Wright,Chief Technology Officer
801 Main Street, Suite 330
Beaumont,TX 77701
409-880-3189—angela.wright@beaumonttexas.gov
Page 12 of 13
NewEdge Services,LI-C—Confidential Information
This Agreement is not for use or disclosure outside the Parties to this Agreement,their Affiliates,and
their third-party representatives,except under written agreement by the contracting Parties.
b. A notice is effective only if the Party giving notice has complied with the foregoing requirements of this
Section and the Addressee has received the notice.A notice is deemed to have been received as follows:
(1) If a notice is furnished by hand, on the date of delivery if delivered during business hours on a
business day(otherwise on the next business day);
(2) If a notice is sent by certified mail, U.S. Postal Service overnight or priority mail,or internationally
recognized overnight courier, upon the date of delivery as indicated by the receipt or other tracking
record.
(3) If a notice is sent by e-mail, upon successful transmission to the recipient's email account, if such
notice is sent in time to allow it to be accessible by the Addressee before the time allowed for giving
such notice expires,and a confirmation copy is sent by one of the other methods.
(4) The addresses and telephone numbers to which notices may be given to either Party may be
changed by written notice given by such Party to the other pursuant to this Section.
12.0 Transmission of Original Signatures and Executing Multiple Counterparts
Original signatures transmitted and received via facsimile or other electronic transmission of a scanned document
(e.g., pdf or similar format)are true and valid signatures for all purposes hereunder and shall bind the Parties to
the same extent as that of original signatures.This Agreement may be executed in multiple counterparts, each of
which shall be deemed to constitute an original but all of which together shall constitute only one document.
IN WITNESS WHEREOF,the Parties have caused this Agreement to be executed as of the Effective Date.
City of Beaumont,TX NewEdge Services,LLC
Signature Signature
Kenneth Williams Laura Carr
City Manager Chief Operating Officer
Date Date
Page 13 of 13
NewEdge Services,LLC—Confidential Information
This Agreement is not for use or disclosure outside the Parties to this Agreement,their Affiliates,and
their third-party representatives,except under written agreement by the contracting Parties.
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April 25, 2023
Consider authorizing the City Manager to enter into a 380 Economic Development
Agreement as well as a lease agreement with CDP II CO2 Sequestration, LLC of Houston,
Texas for economic development incentives during the development of a carbon
sequestration facility within City property.
BEAUMONT
TEXAS
TO: City Council
FROM: Kenneth R. Williams, City Manager
PREPARED BY: Chris Boone, Assistant City Manager, Community Services
MEETING DATE: April 25, 2023
REQUESTED ACTION: Council consider a resolution authorizing the City Manager to
enter into a 380 Economic Development Agreement as well as a
lease agreement with CDP II CO2 Sequestration, LLC of Houston,
Texas for economic development incentives during the
development of a carbon sequestration facility within City
property.
BACKGROUND
The City was recently approached about entering into a 380 Economic Development Agreement as
well as a lease agreement with CDP II CO2 Sequestration, LLC of Houston, Texas for economic
development incentives during the development of a carbon sequestration facility within
undeveloped City-owned property, south of the landfill. Carbon sequestration is the process of
capturing and storing carbon dioxide deep underground in order to reduce the amount of carbon
dioxide (CO2) in the atmosphere with the goal of reducing climate change.
The agreement includes a twenty-four(24)month exclusivity/feasibility period, along with an
optional additional twenty-four-month exclusivity period in exchange for a payment of$100,000 to
the City. During this exclusivity/feasibility period,the developer has the option to move forward
with the project or not. This agreement would allow for the capture and storage of CO2 in exchange
for a one-time payment of$100,000 per injection well, a payment to the City of$1 per metric ton of
CO2 captured,with a minimum of 250,000 metric tons or$250,000, plus a payment to the City of
$50,000 per year during the fifty-year monitoring period.
FUNDING SOURCE
Not applicable.
RECOMMENDATION
Approval of Resolution.
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF BEAUMONT:
THAT the City Manager be and he is hereby authorized to enter into a 380
Economic Development Agreement and a lease agreement with CPD II CO2
Sequestration, LLC, of Houston, Texas for economic development incentives during the
development of a carbon sequestration facility within undeveloped City-owned property,
south of the 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 25th day of
April, 2023.
-Mayor Robin Mouton -
CONFIDENTIAL SEQUESTRATION FEE AGREEMENT
This Confidential Sequestration Fee Agreement (the "Fee Agreement"), effective as of
the effective date of the Chapter 380 Agreement defined below(the "Effective Date"), is entered
into by and between:
(1) City of Beaumont, Texas ("Grantor"), a municipal entity of the State of Texas
whose address is ; and
(2) CDP II CO2 Sequestration, LLC ("Grantee"), a Delaware limited liability
company, whose address is 919 Milam Street, Suite 2425, Houston, Texas 77002;
who declares as follows:
In this Fee Agreement, Grantor and Grantee may be referred to collectively as the
"Parties" and individually as a"Party."
RECITALS:
WHEREAS,the Parties have executed contemporaneously herewith a certain Chapter 380
Economic Development Agreement And Underground Storage Agreement Between The City of
Beaumont and Caliche CO2 Sequestration LLC (the "Chapter 380 Agreement"), and all
capitalized terms not defined herein shall have the meanings given them in the Chapter 380
Agreement;
WHEREAS, the Chapter 380 Agreement contemplates the granting of a lease under, on,
and through the Grantor's property described more fully in the Chapter 380 Agreement (the
"Land") for the following purposes and uses, subject in each case to the terms, conditions and
limitations set forth in this Chapter 380 Agreement: (i)to inject, sequester and store carbon oxide
and carbon dioxide, together with liquids, gases, other vaporous, gaseous, solid or liquid
substances,associated with,contained in,or incidental to the storage and injection of carbon oxide
and carbon dioxide, and all constituent and associated products, including without limitation the
Carbon Oxides Stream (defined below) (collectively, "Permitted Substances") within the
geographic and stratigraphic boundaries of the subsurface pore space(s) and related confining
area(s) under the Land to be used by Grantee for Sequestration (collectively, the "Geologic
Storage Complex") shall initially be defined by reference to the Covered Depths (as defined in
Section II.b. of the Chapter 380 Agreement), and to maintain,preserve and protect the integrity of
said Geologic Storage Complex (collectively, "Sequestration"); (ii) to access, drill, investigate,
survey(whether geophysically or otherwise),locate,construct,maintain,inspect,test,repair,alter,
change, remove, abandon-in-place, replace, enlarge, expand, dispose of and operate all
appurtenances and facilities, buildings and improvements reasonably useful or necessary to
Sequestration, whether above or below the surface of the Land, including without limitation
injection,test and monitor wells,well pads,downhole equipment,utility and communication lines,
monitoring equipment,pipelines,valves, cathodic protection, conduits,pumping and compression
equipment, metering equipment and other related structures, roads and bridges, and fences,
bollards, and similar barriers to protect or enclose any of the foregoing, and any other
appurtenances that may be necessary or desirable in connection with the operation, maintenance,
and protection of Grantee's equipment and related facilities(collectively,the"Facilities") in such
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location(s) under, on, and through the Land as Grantee may determine from time to time (the
"Surface Locations");
WHEREAS, the Chapter 380 Agreement contemplates Sequestration of Permitted
Substances, other Intended Use (as defined below) and the drilling, construction, operation and
maintenance, amongst other things, of certain Facilities (collectively, the "Project") on Land
and/or Surface Locations owned or controlled by Grantor in Jefferson County, Texas;
WHEREAS, Grantee and Grantor agreed that, as consideration for the Chapter 380
Agreement and the rights granted Grantee thereunder, Grantee shall pay Grantor certain fees for
the Sequestration and other activities related to the Project and reimburse Grantor for certain
surface damages in accordance with the Chapter 380 Agreement; and
WHEREAS, the Parties desire to further define the terms and conditions governing the
payment of such fees and damages related to the Project.
NOW, THEREFORE, the Parties agree to the following:
1. Concurrent Chapter 380 Agreement. Grantor and Grantee acknowledge that this
Fee Agreement is executed contemporaneously with the Chapter 380 Agreement,which sets forth
all of the terms and conditions of Grantee's use of the Land for its Sequestration operations, other
Intended Use (as defined below) and other activities related to the Project, except for the fees and
compensation payable by Grantee for and in connection therewith (including damages caused by
Grantee in connection with the construction of Grantee's Facilities and Sequestration operations)
and related matters covered by this Fee Agreement. Except for provisions that expressly survive
the termination of this Fee Agreement or the Chapter 380 Agreement,as applicable,or as otherwise
expressly provided herein or therein,the Chapter 380 Agreement and this Fee Agreement shall run
concurrently and this Fee Agreement shall terminate upon any termination of the Chapter 380
Agreement, and neither Grantor nor Grantee shall have any further rights or obligations hereunder
or thereunder upon any such termination.
2. Intended Use. The Chapter 380 Agreement contemplates the Grantee's use of the
Land for its Sequestration operations,including construction and maintenance of Facilities,and all
other purposes and uses expressly set forth in the Chapter 380 Agreement (the "Intended Use").
Grantee shall conduct all operations in or under the Land as a reasonably prudent operator. For all
purposes of this Fee Agreement and the Chapter 380 Agreement,the Intended Use shall expressly,
but without limitation, include the Sequestration of carbon oxide and carbon dioxide that has been
captured from an emission source (e.g., a power plant or industrial plants), plus incidental
associated substances derived from the source materials and the capture process, and any
substances added to the stream to enable or improve the injection process,as such terms are defined
at 40 C.F.R. §§ 146.81(d), 260.10, and/or otherwise further described in the preamble at 79 Fed.
Reg. 350 (Jan. 3, 2014) (the "Carbon Oxides Stream").
3. Establishment of Sequestration Zone. The Parties agree that Grantee may, in its
sole discretion, contribute, combine or pool any and all of the Geologic Storage Complex beneath
the Land to or with subsurface pore space(s)beneath other lands(whether owned by Grantor or by
third parties) to create a larger subsurface Sequestration area which Grantee may utilize in
connection with its Sequestration operations, including the Project (such larger area, a
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"Sequestration Zone"). Grantee shall deliver written notice to Grantor that the Land is included
in a Sequestration Zone within thirty (30) days of the establishment of said Sequestration Zone,
and Grantee shall execute and record in the conveyance records of the County(ies) in which such
Sequestration Zone is situated an instrument identifying and describing the covered lands. In
creating or establishing any Sequestration Zone, Grantee shall proceed at all times in accordance
with any applicable rules and/or regulations of the Railroad Commission of Texas, Texas
Commission on Environmental Quality, the Environmental Protection Agency, Internal Revenue
Service or other applicable governmental authority.
4. Construction Costs. Grantee shall pay all Construction Costs in connection with
the survey, design, engineering, drilling, construction, installation, inspection, and testing of the
Facilities. As used in this Fee Agreement, "Construction Costs"means any and all actual out-of-
pocket costs and expenses for the Facilities,including: (a)actual costs of materials used,including
fabrication charges,freight,and taxes; (b)costs of any and all survey,design,engineering,drilling,
construction, installation, inspection, and testing performed by third parties or by employees of
Grantees and/or its affiliates; (c) costs for obtaining any permits, licenses, rights-of-way, and
easements; and (d) expenses, including salaries, payroll taxes, benefits, overhead and
transportation,meals, and lodging, incurred by third parties or by employees of Grantee and/or its
affiliates in performing all or any portion of the survey,design,engineering, drilling,construction,
installation, inspection, and testing of the Facilities. Customer agrees that any or all of the work
may be performed by qualified employees of Grantee and/or its affiliates and their respective
independent contractors.
5. Initial Payment for Exclusive Right to Sequestration. Upon the Effective Date,
Grantee shall have, for a period of twenty (24) months from the Effective Date, the sole and
exclusive right to perform activities in connection with the Project on the Land and/or Surface
Locations, as defined in the Chapter 380 Agreement (the "Exclusivity Period") (which period
shall be extended on a day for day basis in the event (i) the pendency of an application for an
Applicable Permit, as defined in Section III.a. of the Chapter 380 Agreement, exceeds the
Exclusivity Period, or(ii)the failure to commence the Intended Use within the Exclusivity Period
is caused by the Grantor or a Force Majeure event, as defined in Section 13 herein). In the event
that Grantee has not commenced with the Intended Use,as defined in the Chapter 380 Agreement,
prior to the expiration of the Exclusivity Period, as may be extended per the terms of this Section,
Grantee shall have the option to submit a one-time payment in the amount of one hundred thousand
and No/100 Dollars ($100,000.00) to extend the Exclusivity Period by an additional twenty-four
(24)months.
Without limiting the foregoing and notwithstanding anything in the Chapter 380
Agreement to the contrary, the Parties agree that, upon the expiration of the Exclusivity Period,
any portion of the Land which is not included within the geographical confines or surface area of
a Geologic Storage Complex and/or Sequestration Zone,together with an additional one thousand
foot(1,000')buffer area lying outside of and surrounding the geographical confines or surface area
of any such Geologic Storage Complex and/or Sequestration Zone, shall be released from and no
longer subject to the Chapter 380 Agreement or this Fee Agreement. For the avoidance of doubt,
the Parties agree that, with respect to any portion of the Land included within the geographical
confines or surface area of a Geologic Storage Complex and/or Sequestration Zone, plus a one
thousand foot (1,000') buffer area around such Geologic Storage Complex and/or Sequestration
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Zone, the Chapter 380 Agreement and this Fee Agreement shall continue in force and effect
pursuant to the terms of the Chapter 380 Agreement,including for all periods both before and after
the foregoing Exclusivity Period.
6. Payment upon Commencement of Drilling Operations for Individual Surface
Location(s). Upon the commencement by Grantee of drilling operations for individual Surface
Locations, and the installation of associated Facilities, Grantee shall submit a one-time payment
to Grantor in the amount equal to one hundred thousand and No/100 Dollars ($100,000.00) per
injection well as additional compensation under this Fee Agreement(the "Drilling Payment").
7. Payment for Surface Damages. The Parties have mutually agreed that the
submission of any Drilling Payment paid by Grantee under this Fee Agreement includes adequate
consideration for damages to and the repair of the Land, Surface Locations, revegetation, roads,
and fences to the extent solely and directly caused by or resulting from the survey, drilling,
construction, and installation of any Facilities, use of the Geologic Storage Complex, or Grantee's
Sequestration operations or exercise of other rights granted under the Chapter 380 Agreement by
Grantee.Notwithstanding anything contained in the Chapter 380 Agreement or this Fee Agreement
to the contrary, in no event and under no circumstances shall Grantee be responsible for any
indirect, incidental, punitive, exemplary or consequential damages (whether for breach of any
representation, warranty, or covenant in this Fee Agreement, the Chapter 380 Agreement, or any
document executed in connection herewith).
8. Payment upon Injection and Sequestration. The Parties hereby agree that, upon
commencement of commercial injection, Sequestration or storage of the Carbon Oxides Stream
within the Geologic Storage Complex, Grantee shall make quarterly payments (the "Volumetric
Royalty") in an amount equal to one Dollar($1.00)per metric ton of Carbon Oxides Stream (the
"Injected Substances")that is injected into the Geologic Storage Complex and/or Sequestration
Zone (subject to proportionate adjustment required herein), as measured by Grantee at the time of
injection during the applicable preceding calendar quarter.
(a) First Payment. The first Volumetric Royalty shall be made on or before
the first day of the calendar month that is four (4) full calendar months following the first
date of such injection(e.g., if the first injection occurs on January 20, the first Volumetric
Royalty will be due on June 1).
(b) Subsequent Payments. Thereafter, Grantee shall make payment of the
Volumetric Royalty to Grantor no later than thirty (30) days after the end of the calendar
quarter within which injections were made.
(c) Minimum Annual Payment. Grantee shall be permitted, but not have the
obligation,to inject any volume of Injected Substances into the Geologic Storage Complex
in any calendar year during the term of this Fee Agreement, provided however, that
beginning on the first day of the calendar year following the commencement of commercial
injection, Sequestration or storage of the Injected Substances within the Geologic Storage
Complex, should the total amount of Volumetric Royalty payments made in any calendar
year amount to less than the Volumetric Royalty that would otherwise be owed for the
injection of two hundred fifty thousand (250,000) metric tons of Injected Substances, or
two hundred fifty thousand and No/100 Dollars ($250,000.00) based on an amount equal
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to one Dollar ($1.00) per metric ton (the "Minimum Annual Payment"), Grantee shall
submit payment in the amount of the difference between the total amount of Volumetric
Royalty payments made in the affected calendar year and the Minimum Annual Payment.
This payment shall be made to Grantor no later than sixty(60)days after the last day of the
affected calendar year, and this payment shall be the sole and exclusive remedy to Grantor
in the event that the total amount of Volumetric Royalty payments made in any calendar
year amount to less than the Minimum Annual Payment. To the extent that (i) Grantee
enters into a contract in the state of Texas with another party containing comparable
economic and volumetric terms to this Fee Agreement ("Comparable Contract"), (ii)
such Comparable Contract provides for a Minimum Annual Payment that exceeds the
Minimum Annual Payment set forth in this Fee Agreement, and (iii) such Minimum
Annual Payment is calculated based on a Volumetric Royalty paid for the injection of two
hundred fifty thousand(250,000)metric tons of Injected Substances or fewer,then no later
than the month immediately following the commencement of injection under such
Comparable Contract, Grantee and Grantor will execute an amendment memorializing a
modification of the Minimum Annual Payment under this Section to equal the Minimum
Annual Payment under such Comparable Contract.
(d) Metering and Monitoring. Grantee, at its sole cost and expense, shall
install and maintain appropriate metering and monitoring equipment to measure and record
the actual volumes of Injected Substances associated with the Project in accordance with
industry standards ("Metering Equipment"). Subject to the limitations discussed herein,
the Volumetric Royalties shall be based upon the measured quarterly aggregate of Injected
Substances volumes recorded by the Metering Equipment. The Parties further agree that
the type of Metering Equipment installed is within the sole discretion of Grantee as
operator of the Project.
9. Payment for Continued Monitoring. The Parties hereby agree that, upon
Grantee's notice to Grantor that all commercial injection, Sequestration or storage of the Injected
Substances within the Geologic Storage Complex has ceased, Grantee shall, for a period of fifty
(50) calendar years thereafter (the "Monitoring Period"), make annual payments in an amount
equal to fifty thousand and No/100 Dollars ($50,000.00) for continued monitoring of the Injected
Substances in the Geologic Storage Complex in accordance with industry standards, including
continued access for operation,testing,installation and maintenance of monitoring equipment(the
"Monitoring Payment").
In the event that during the Monitoring Period Grantee determines that commercial
injection, Sequestration or storage of the Injected Substances within the Geologic Storage
Complex may resume, Grantee shall have the option to cease the Monitoring Period along with
subsequent Monitoring Payments and recommence commercial injection, Sequestration or storage
of the Injected Substances within the Geologic Storage Complex upon written notice to Grantor,
and a renewed fifty (50) calendar year Monitoring Period along with subsequent Monitoring
Payments shall commence upon Grantee's notice to Grantor that all commercial injection,
Sequestration or storage of the Injected Substances within the Geologic Storage Complex has
ceased.
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10. Adjustment to Volumetric Royalty in Connection with Grantor's Net
Ownership Interest. In the event Grantor's Land is contributed, combined or pooled to or with
other lands/pore space(s) to create a Sequestration Zone, Grantor's Volumetric Royalty shall be
adjusted("Adjusted Volumetric Royalty")to reflect Grantor's proportionate ownership of lands
on a surface acreage basis within Sequestration Zone, consistent with the following example:
Assume (1) the Sequestration Zone comprises 3,000 acres, and (2) the Grantor's undivided
ownership of land or of pore space within the Sequestration Zone comprises 300 acres. The
Volumetric Royalty will be adjusted as follows:
300 acres- 3,000 acres x Volumetric Royalty=Adjusted Volumetric Royalty
11. Binding Agreement; Assignment. The terms of this Fee Agreement shall
constitute real rights running with Grantor's right, title and interest in and to the Land and the
Geologic Storage Complex, as applicable, and shall be binding upon the representatives, heirs,
executors, administrators, successors, and assigns of Grantor, for the benefit of Grantor and
Grantee, and their successors and assigns. This Fee Agreement shall not be assignable by either
Party without the prior written consent of the other Party, which shall not be unreasonably
withheld. An associated transfer by a Party of substantially all of its assets to another entity
(whether in one transaction or a series of transactions), or the merger or consolidation of a Party
with another entity,or the transfer of a controlling ownership interest of such Party,will be deemed
to constitute an assignment.
12. Ratification; Conflicts. The Chapter 380 Agreement remains in full force and
effect and is hereby ratified by the Parties. To the extent there is any conflict between the terms of
this Fee Agreement and the terms of the Chapter 380 Agreement, the applicable terms of the
Chapter 380 Agreement shall control.
13. Force Majeure. The term "Force Majeure" as employed in this Fee Agreement
shall mean acts of God, strikes, lockouts, or other industrial disturbances, acts of public enemy,
sabotage, wars, blockades, insurrections, riots, epidemics, pandemics, landslides, lightening,
earthquakes, fires, storms, floods, high water, washouts, or other natural disasters, threat of
physical harm or damage resulting in the evacuation or shutdown of facilities necessary for the
injection, withdrawal, and storage of the Carbon Oxides Stream or Permitted Substances, arrests
and restraints of governments and people, civil disturbances, explosions, breakage or accident to
machinery or lines of pipe, freezing of lines of pipe, the orders of any court, regulatory body or
governmental authority having jurisdiction or the refusal or withdrawal of any necessary order,
certificate or permit by any court regulatory body or governmental authority or agency having
jurisdiction, and any other cause, whether of the kind herein enumerated or otherwise, which is
not within the control of the party claiming suspension and which by the exercise of due diligence
such party is unable to prevent or overcome; such term shall likewise include, instances when
either Grantor or Grantee is required to obtain Easements, rights-of-way grants, permits,
certificates or licenses to enable such party to fulfill its obligations hereunder,the inability of such
party to acquire, or the delays on the part of such party in acquiring, at reasonable cost, and after
the exercise of reasonable diligence, such materials and supplies,permits and permissions.
6
14. Default, Remedies, Notice and Cure Rights. If Grantee fails to perform any of the
covenants or obligations imposed upon it in this Fee Agreement or Applicable Law and except where
such failure is excused due to a Force Majeure event(which shall extend the applicable time period
one day for each day of such Force Majeure event up to a maximum period of two (2) years), then
Grantor may, at its option, send written notice specifying the default which has occurred and the
remedy or cure sought by Grantor. If Grantor fails to provide such written notice within ninety (90)
days after having actual notice of such default,the default is waived. A waiver of a default or failure
to require cure of a default shall not constitute a waiver of any subsequent default. Grantee shall have
thirty(30)days after its receipt of written notice of its default pursuant to this Section in which to cure
the alleged default or to undertake the activities necessary to correct the default if the same cannot be
completed within the 30-day period. If Grantee fails to cure under this Section, Grantor may seek to
impose liability or a remedy on Grantee under this Fee Agreement or Applicable Law whether in
equity or otherwise.
15. Limitation of Liability and No Consequential Damages. THE PARTIES
HEREBY CONFIRM THAT THE EXPRESS REMEDIES AND MEASURES OF DAMAGES
PROVIDED IN THIS FEE AGREEMENT OR CONCURRENT CHAPTER 380 AGREEMENT
SATISFY THE ESSENTIAL PURPOSES HEREOF FOR BREACH OF ANY PROVISION FOR
WHICH AN EXPRESS REMEDY OR MEASURE OF DAMAGES IS PROVIDED, SUCH
EXPRESS REMEDY OR MEASURE OF DAMAGES SHALL BE THE SOLE AND
EXCLUSIVE REMEDY,THE OBLIGOR'S LIABILITY SHALL BE LIMITED AS SET FORTH
IN SUCH PROVISION, AND ALL OTHER REMEDIES OR DAMAGES AT LAW OR IN
EQUITY ARE WAIVED. IF NO REMEDY OR MEASURE OF DAMAGES IS EXPRESSLY
PROVIDED HEREIN, THE OBLIGOR'S LIABILITY SHALL BE LIMITED TO DIRECT
ACTUAL DAMAGES ONLY, SUCH DIRECT ACTUAL DAMAGES SHALL BE THE SOLE
AND EXCLUSIVE REMEDY, AND ALL OTHER REMEDIES OR DAMAGES AT LAW OR
IN EQUITY ARE WAIVED. NEITHER PARTY OR ITS AGENTS OR AFFILIATES SHALL
BE LIABLE OR BEAR RESPONSIBILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL,
CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES IN ANY KIND OR MANNER,
INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS OR LOST
REVENUE. IT IS THE INTENT OF THE PARTIES THAT THE LIMITATIONS HEREIN
IMPOSED ON REMEDIES AND THE MEASURE OF DAMAGES BE WITHOUT REGARD
TO THE CAUSE OR CAUSES RELATED THERETO, INCLUDING THE NEGLIGENCE OF
ANY PARTY, WHETHER SUCH NEGLIGENCE BE SOLE, JOINT OR CONCURRENT, OR
ACTIVE OR PASSIVE.
16. Notices. All notices required or permitted to be given under this Fee Agreement
shall be in writing and shall be considered sufficiently given if delivered to the specified address
by (a) hand, courier or overnight delivery service or (b) certified or registered mail, return receipt
requested, in either case with a copy by email:
If to Grantor:
City of Beaumont
Attn: [name]
[street address]
7
[city, state, zip code]
With copy to: [email]
[Note to City: Please complete.]
If to Grantee:
Caliche CO2 Sequestration, LLC
Attn: Dave Marchese
919 Milam Street, Suite 2425
Houston, Texas 77002
With copy to: drm@calichestorage.com
A notice shall be effective upon the other Party's receipt of the notice. Either Party may
specify a different address for delivery of notices by written notice to the other Party as provided
herein.
17. Applicable Law. THIS FEE AGREEMENT AND THE CHAPTER 380
AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH
THE LAWS OF THE STATE OF TEXAS,WITHOUT REFERENCE TO CONFLICTS OF LAW
PRINCIPLES. With respect to any disputes arising out of or relating to this Fee Agreement,
exclusive jurisdiction and venue shall be proper in the state and federal courts located in Beaumont,
Jefferson County, Texas.
18. Headings.The Section headings are used herein for convenience only and shall not
be considered a part of this Fee Agreement or used in its interpretation. References to "Sections"
herein are to Sections of this Fee Agreement.
19. Severability. If any provision of this Fee Agreement or the application thereof to
any person or circumstances shall be invalid or unenforceable to any extent, this Fee Agreement
shall be modified to the minimum extent necessary to make such provision enforceable. If such
modification is not permitted by law, any invalid or unenforceable provision shall be disregarded
and the remainder of this Fee Agreement shall not be affected thereby and shall be enforced to the
greatest extent permitted by law.
20. Counterparts. This Fee Agreement may be executed in several counterparts, each
of which shall be an original of this Fee Agreement but all of which,taken together,shall constitute
one and the same agreement and shall be binding upon the parties who have executed any
counterpart,regardless of whether it is executed by all parties named herein.
[Signature Page Follows]
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DONE AND SIGNED on the date or dates herein below written, in the presence of the
undersigned competent witnesses and notary, to be effective as of the Effective Date.
COMPLETE SIGNATURE BLOCKS
GRANTOR:
WITNESSES Grantor Name
Printed Name: By:
Its:
Printed Name:
STATE OF
COUNTY/COUNTY OF
On this day of , 202_, before me, appeared,
, to me personally known, who, being by me duly
sworn, did say that he/she is the of
, and that the foregoing instrument was signed
on behalf of said company and that he acknowledged the instrument to be the free act and deed of
such company.
Signature of Notary Public
Notary's name printed:
My commission expires:
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GRANTEE:
WITNESSES Grantee Name
Printed Name: By:
Its:
Printed Name:
STATE OF
COUNTY/COUNTY OF
On this day of ,202 ,before me, appeared
to me personally known, who, being by me duly sworn, did say that he/she is the
of ,
and that the foregoing instrument was signed on behalf of said company and that he acknowledged
the instrument to be the free act and deed of such company.
Signature of Notary Public
Notary's name printed:
My commission expires:
10
STATE OF TEXAS §
§
COUNTY OF JEFFERSON §
CHAPTER 380 ECONOMIC DEVELOPMENT AGREEMENT AND
UNDERGROUND STORAGE AGREEMENT BETWEEN THE CITY OF BEAUMONT
AND CALICHE CO2 SEQUESTRATION LLC
This Underground Storage Agreement and Chapter 380 Economic Development
Agreement (the "Agreement"), is entered into effective as of the ,
2023 (the"Effective Date")by and between:
(1) City of Beaumont, Texas ("City") a municipal entity of the State of Texas, whose
address is ; and
(2) CDP II CO2 Sequestration, LLC ("Developer"), a Delaware limited liability
company, whose address is 919 Milam Street, Suite 2425, Houston, Texas 77002;
(3) In this Agreement, City and Developer may be referred to collectively as the
"Parties" and individually as a"Party."
RECITALS
WHEREAS, Article 3, Section 52A, Texas Constitution, authorizes the Legislature to
enable cities and counties to implement programs for the public purposes of economic
development under which cities and counties may provide financial incentives for the purposes of
stimulating local economic development and business and commercial activity; and
WHEREAS,Chapter 380 of the Texas Local Government Code("Chapter 380")provides
the statutory authority for the City to establish and administer a program, including the grant of
real property interests, provision of tax incentives, and the making of loans and grants of public
money, to promote state and local economic development and to stimulate business and
commercial activity in the municipality; and
WHEREAS,the City finds that the administration of a program that will grant real property
interests and provide tax incentives to the Developer related to certain property (the "Program")
would promote local economic development and stimulate business and commercial activity
within the City; and
WHEREAS,the Developer will construct Facilities, as defined herein, in the City and has
applied for the Program to locate the Facilities in the City; and
WHEREAS, the Parties desire to enter into this Agreement pursuant to Chapter 380 and
Article 3, Section 52A of the Texas Constitution(collectively, the "Legal Authorities") in order
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to provide grants of real property interests,tax incentives, loans, and money in accordance therein;
and
WHEREAS, the City recognizes the positive economic impact the Facilities and the
revenues generated by the Facilities, as defined herein,will have on the City and wishes to provide
incentives to Developer to assist in the construction and operation of the Facilities, thereby
contributing toward the further economic development and growth of the City; and
WHEREAS, the City wishes to encourage Developer to construct the Facilities, and the
City finds that this Agreement embodies an eligible program and clearly promotes economic
development in the City, and as such, meets the prerequisites under the Legal Authorities and
further is in the best interests of the City; and
WHEREAS, the City Council of Beaumont finds that this Agreement contains sufficient
controls to ensure that the Program is carried out according to all applicable laws; and
NOW, THEREFORE, in consideration of the foregoing recitals and the mutual promises,
agreements,services,obligations,covenants,and benefits set forth in this Agreement,the City and
Developer agree and contract as follows:
I. Authorization
a. City's execution and performance of this Agreement is authorized pursuant to
Chapter 380 of the Texas Local Government Code; Article 3, Section 52A of
the Texas Constitution; and pursuant to the City's Chapter 380 Economic
Development Policy. The City hereby represents and warrants to Developer
that the City has full constitutional and lawful right,power and authority,under
current applicable law, to execute and deliver and perform the terms and
obligations of this Agreement,and all of the foregoing have been or will be duly
and validly authorized and approved by all necessary City proceedings,
findings, and actions. Accordingly,this Agreement constitutes the legal,valid,
and binding obligation of the City, is enforceable in accordance with its terms
and provisions, and does not require the consent of any other governmental
authority.
b. Developer hereby represents and warrants to the City that Developer has full
constitutional and lawful right, power, and authority, under current applicable
law, to execute and deliver and perform the terms and obligations of this
Agreement, and all of the foregoing have been or will be duly and validly _
authorized and approved by all actions necessary. Accordingly,this Agreement
constitutes the legal,valid, and binding obligation of Developer, is enforceable
in accordance with its terms and provisions,and does not require the consent of
any other authority or entity.
II. Lease
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a. Grant and Purpose. KNOW ALL MEN BY THESE PRESENTS, for and in
consideration of the sum of Ten dollars ($10.00) in hand paid by Developer to
City, and other good and valuable consideration, the receipt and sufficiency of
which are hereby acknowledged and confessed, City does hereby let and lease
to Developer,its affiliates,and their respective successors and assigns,the City's
property described more fully on Exhibit A attached hereto and a made a part
hereof(the"Land")for the following purposes and uses, subject in each case to
the terms, conditions and limitations set forth in this Agreement:
i. to inject, sequester and store carbon oxide and carbon dioxide, together
with liquids, gases, other vaporous, gaseous, solid or liquid substances,
associated with, contained in, or incidental to the storage and injection
of carbon oxide and carbon dioxide, and all constituent and associated
products, including without limitation the Carbon Oxides Stream
(defined below) (collectively, "Permitted Substances") within the
Geologic Storage Complex (defined below), and to maintain, preserve
and protect the integrity of said Geologic Storage Complex(collectively,
"Sequestration");
ii. to access,drill,investigate,survey(whether geophysically or otherwise),
locate, construct, maintain, inspect, test, repair, alter, change, remove,
abandon-in-place, replace, enlarge, expand, dispose of and operate any
and all appurtenances and facilities, buildings and improvements
reasonably useful or necessary to Sequestration,whether above or below
the surface of the Land, including without limitation injection, test and
monitor wells, well pads, downhole equipment, utility and
communication lines,monitoring equipment,pipelines,valves, cathodic
protection, conduits, pumping and compression equipment, metering
equipment and other related structures, roads and bridges, and fences
bollards and similar barriers to protect or enclose any of the foregoing
and any other appurtenances that may be necessary or desirable in
connection with the operation, maintenance, and protection of
Developer's equipment and related facilities (collectively, the
"Facilities") in such location(s) under, on, and through the Land as
Developer may determine from time to time(the"Surface Locations"),
it being expressly agreed that Developer shall have the right to drill
through and under the subsurface of the Land in order to access and
conduct Sequestration activities within the Geologic Storage Complex;
and
iii. to take such other actions, and access and install such Facilities as may
be or become necessary for Developer to comply with,maintain, satisfy
or qualify the Sequestration operations and Facilities under and pursuant
to the requirements of any and all Applicable Laws (defined below),
including without limitation 26 U.S.C. § 45Q, Credits (defined below),
the California Low Carbon Fuel Standard, Cal. Code Regs. tit. 17 §§
95480-95503 (2018), the California Global Warming Solutions Act of
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2006, Cal. Health & Safety Code §§ 38500-38599, and the Carbon
Capture and Sequestration Protocol under the Low Carbon Fuel Standard
(August 13, 2018) or any other related guidelines promulgated or
otherwise issued by the California Air Resources Board("CARB"),and
Texas Water Code § 27, in each case as the same may be amended,
replaced or superseded from time to time.
TO HAVE AND TO HOLD the above described Land,together with all rights
necessary or incidental thereto which are or may be required to accomplish the
purposes and uses hereby permitted and granted unto the said Developer, its
successors and assigns, and City agrees with Developer and Developer's
successors in title and assigns that the rights herein granted shall be real rights
running with the Land (including the Surface Locations and the Geologic
Storage Complex) and be binding upon City, City's heirs, legal representatives
and successors in title. This Agreement is personal to Developer and shall not
be an easement or right-of-way declared or granted for the public's benefit
whatsoever.
b. Geologic Storage Complex. The geographic and stratigraphic boundaries of
the subsurface pore space(s) and related confining area(s)under the Land to be
used by Developer for Sequestration (collectively, the "Geologic Storage
Complex") shall initially be defined by reference to the Covered Depths (as
defined below). From and after the Effective Date, Developer shall have the
right,but not the obligation,to(a)update,correct or supplement this Agreement
to provide for a more complete or accurate description of the boundaries of the
Land, including any Surface Locations, Facilities and the Geologic Storage
Complex,or(b)release any portion(s)of the Land,Surface Locations,Facilities
or Geologic Storage Complex from this Agreement, and in either case City
agrees to execute any such instrument for purposes of recording same in the
conveyance records of the County(ies) wherein the Land or Geologic Storage
Complex are situated. At its sole option, and to the extent the Lands subject to
this Agreement does not include the entire physical boundaries of City's
property, Developer shall be entitled to expand or enlarge the amount of Land
covered by this Agreement in the event such expansion or enlargement
represents less than a twenty percent (20%) aggregate increase in the total
surface area of the Land originally covered hereby (but in City's sole discretion
for any such expansion or enlargement that represents a twenty percent (20%)
or greater aggregate increase in the total surface area of such Land), except
pursuant to an order or judgment(e.g., in the nature of an expropriation) issued
by a federal or state court or other agency having competent jurisdiction and in
compliance with the applicable rules and regulations of such court or other
agency. In such event, the expansion or enlargement of the Land or Geologic
Storage Complex shall be evidenced by a written instrument, which shall be
recorded in the conveyance records of the County(ies) wherein the Land or
Geologic Storage Complex are situated. Further, after completion or
establishment of the Geologic Storage Complex (including any subsequent
reduction,alteration or expansion),Developer shall furnish City a plat depicting
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the boundaries of the Geologic Storage Complex. The Geologic Storage
Complex covers and includes all strata and pore space(s) not containing
hydrocarbon minerals or otherwise encumbered beneath the Land contained
within the stratigraphic interval starting at either feet or at the
base of the , hereby defined as the stratigraphic equivalent of that
point found at a depth of feet on the Log on the
Well, Serial No. , API No.
located in Section ,T , R , County,
Texas, whichever depth is shallower, and to all depths below (the "Covered
Depths"),with rights to all rock and associated pore space(s)within such rock
at depths other than the Covered Depths reserved unto City (but subject to the
requirements of this Section).
City shall have the right to carry on, in and under the Land, such operations
necessary for and in connection with discovery, extraction,utilization,removal
and sale of all minerals above and below the Covered Depths subject to: (i)any
requirement or restrictions imposed by Applicable Law; or (ii) the limitations
set forth below. However, City's rights are to be exercised so as not to
unreasonably interfere with, and with due regard for, the operations to be
carried on by Developer in accordance with this Agreement. Further, for any
oil, gas or similar well ("O&G Well"), or water well, salt water disposal well,
or similar well on the Land, City agrees that such wells must be completed at a
total depth of five hundred feet(500')or greater above the Covered Depths and
may not otherwise penetrate into or through or otherwise compromise the
integrity of the Geologic Storage Complex. Further, an O&G Well may also be
directionally drilled and completed at a total depth five hundred feet (500') or
greater below the Covered Depths if it does not otherwise penetrate into or
through or otherwise compromise the integrity of the Geologic Storage
Complex. For the avoidance of doubt, under no circumstances shall City drill
or permit to be drilled into or through, or otherwise store, inject, or withdraw
any substances within the Geologic Storage Complex, including without
limitation via any O&G Well or any water well, salt water disposal well, or
similar well. For each O&G Well and each water well, salt water disposal well,
or similar well on (or near, in the case of a directionally drilled well that is
completed above or below the Geologic Storage Complex) the Land that
otherwise complies with this Section, City agrees to the following: (a) if an
O&G Well is completed as a producer of oil and/or gas and pipe is set in such
well, City will not perforate, stimulate or produce oil, gas, or any other
substances from the Covered Depths, nor will City perforate or withdraw from
or inject into any substance at any water well,salt water disposal well,or similar
well within the Covered Depths; and (b) if an O&G Well or water well, salt
water disposal well, or similar well is plugged and abandoned, City will do so
in accordance with Applicable Laws and the requirements of Section II.j.
c. Access/Use. During construction and installation of the above and below
ground Facilities,and in connection with the use,operation and maintenance of
the Geologic Storage Complex and the Facilities,Developer and its employees,
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agents, contractors (and any contractor's employees, subcontractors, agents,
representatives, invitees, licensees and suppliers), representatives, invitees,
licensees and suppliers shall have the right of ingress and egress upon or within
existing roads located on the Land; provided, however, that if Developer lacks
reasonable vehicular access to any Surface Locations, Developer, with input
and approval from City,which shall not be unreasonably withheld,conditioned,
or delayed, shall have the right to construct new or replacement roads as
necessary to provide and maintain such access, but that shall not hinder the
City's use of the Land. At all times, Developer shall maintain and grade all
roads primarily utilized by Developer for Sequestration on the Land in an all-
weather condition, passable for vehicular traffic. Any damage to existing or
new roads caused directly by Developer shall be the responsibility of Developer
and shall be promptly repaired by Developer with the same material as
originally constructed or using a material reasonably designated by City. Any
damage to existing or new roads caused by the City or those utilizing roads with
permission of City shall be the responsibility of City and shall be promptly
repaired by City with the same material as originally constructed or using a
material reasonably designated by Developer. In repairing roads, each Party
shall use commercially reasonable efforts to fill in or level any ditches or
depressions caused by such Party. Except to the extent such access roads are
deemed to be public access, Developer agrees to keep City's gates closed and
locked when not in use by Developer; provided, however, that City shall
provide Developer with a key or other means of access to and through such
gates. Further, in connection with the initial construction of the Facilities,
Developer shall have the right to conduct topographic, environmental,
archeological, geophysical, and boundary surveys of the Land, including with
respect to the Geologic Storage Complex.
d. Intended Use. The Land, including any Surface Locations, Facilities and the
Geologic Storage Complex, may be used by Developer for its Sequestration
operations, including construction, maintenance, and monitoring of Facilities,
and all other purposes and uses expressly set forth in this Agreement (the
"Intended Use"). Developer shall conduct all operations in or under the Land
as a reasonably prudent operator. For all purposes of this Agreement, the
Intended Use shall expressly, but without limitation, include the Sequestration
of carbon oxide and carbon dioxide that has been captured from an emission
source (e.g., a power plant or gas processing plants),plus incidental associated
substances derived from the source materials and the capture process, and any
substances added to the stream to enable or improve the injection process, as
such terms are defined at 40 C.F.R. §§ 146.81(d), 260.10, and/or otherwise
further described in the preamble at 79 Fed. Reg. 350 (Jan. 3, 2014) (the
"Carbon Oxides Stream"). Developer shall not possess, occupy or use the
Land in violation of any federal, state or local laws or regulations applicable to
Developer, Developer's Sequestration operations, or Developer's use or
operation of the Servitude, including without limitation the Intended Use
("Applicable Laws"). It shall further be Developer's sole responsibility to
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ensure that the Intended Use complies in all material respects with zoning, use
restrictions, applicable Permitted Exceptions (defined below) or similar legal
limitations applicable to the Land, including without limitation any fire
prevention,environmental or safety requirements imposed by Applicable Laws.
e. Pipelines and Surface Locations. Developer shall have the right to construct
one or more pipelines within a pipeline right-of-way upon the Land; provided
the pipeline right-of-way (right of egress and ingress) associated with each
pipeline shall not exceed sixty feet (60') in total width. To the extent any
pipeline right-of-way exists upon the Land, Developer shall use such right-of-
way if such use is practicable and economically feasible. During construction
of said pipeline(s), Developer shall be granted access to additional temporary
workspace as needed for construction activities. Any pipeline constructed or
utilized by Developer is limited to transportation of only the Carbon Oxides
Stream and its constituent compounds for Sequestration or such other products
as necessary, in Developer's sole discretion, for maintenance of the Facilities,
including all other Permitted Substances.
With respect to the location of(i)any pipeline right-of-way that is not colocated
in a then-existing pipeline right-of-way or (ii) any Facilities within those
portions of the Land where Developer is permitted to place Facilities,
Developer shall notify the City of the proposed location of such Facilities, and
the City shall have thirty (30) days to provide written objection and reasons for
such objection to Developer. If the City fails to object to the applicable
location(s) during such thirty day period, any objections shall be deemed
waived. Upon receipt of City's objection to pipeline right-of-way or Facility
location(s),the Parties shall work in good faith to address the City's reasons for
such objections.
Developer shall maintain all Surface Locations in good condition (ordinary
wear and tear excepted). Further, with respect to any pipeline-related Surface
Location,Developer shall,as soon as reasonably possible: (i)remove therefrom
all debris which may be the product of any maintenance or construction work
by Developer; (ii) restore and grade the surface of said Surface Location to, as
nearly as can reasonably be done, a similar condition as existed immediately
prior to any such operations, maintenance or construction work; (iii)remediate
vegetation and soil erosion problems as is reasonable and practicable; and (iv)
keep the pipeline-related Surface Locations clear of underbrush,trees and other
growths, obstructions and hazards of any kind, in compliance with Applicable
Laws.
f. Seismic. Developer expressly retains and reserves the concurrent right to grant
third parties seismic,geophysical,and geological permits and to enter into other
agreements with third parties, allowing such third parties to conduct
geophysical, geological,or seismic surveys on, over,under,through and across
the Land; provided, however, that no such grant or agreement (a) interferes in
any material respect with the Sequestration operations, Facilities, or Intended
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Use, nor (b) shall violate or authorize any acts or uses that would constitute a
violation of the requirements of Section II.j or Section II.b. In connection with
the Intended Use, City grants to Developer the right to conduct seismic surveys
on the Land of the Geologic Storage Complex (including the Covered Depths,
as defined below) by means of a torsion balance, seismograph explosions,
mechanical device, or any other method, including any activities or methods
that may be required pursuant to Applicable Laws, including all applicable
certification guidelines. Any seismic testing shall comply with City ordinance.
g. Warranty. City covenants with Developer and represents and warrants that
City is the lawful fee simple owner and holds full ownership of the Land, and
that City has the right and authority to make this grant,and that City will forever
warrant and defend the title thereto against all claims whatsoever. However,
Developer acknowledges and declares that neither City nor any party
whomsoever, acting or purporting to act in any capacity whatsoever on behalf
of City, have made any direct, indirect, explicit or implicit statement,
representation or declaration,whether by written or oral statement or otherwise,
upon which Developer has relied, concerning the existence or non-existence of
any quality, characteristic or condition of the Land described herein. This
Agreement provides Developer full, complete and unlimited access to the Land
for all tests and inspections which Developer, in its sole discretion, deems
sufficiently diligent for the protection of Developer's interests, and that all such
real property is suitable, if so determined in Developer's sole discretion, for
Developer's Intended Use.
h. City's Cooperation.City agrees to reasonably cooperate with Developer(when
requested in writing, and at Developer's sole cost and expense), which may
include locating surface facilities, executing permits or applications, and
performing monitoring activities in connection with Developer's efforts to
obtain or maintain any permits or governmental authorizations that may be or
become required by Applicable Laws in connection with its Sequestration
operations.
i. Credits.For the avoidance of doubt,it is understood and agreed that Developer
shall be exclusively entitled to apply for, collect, receive, obtain, assign, grant,
transfer or convey the benefit (directly or indirectly) of all credits, set-offs,
payments or other consideration arising out of or in connection with its
Sequestration operations, including, without limitation, federal, state, regional
and local tax credits, emissions, emissions reduction and renewable energy
credits,green pricing programs,green tags,and similar credit trading programs,
and environmental credits, set-offs and similar benefits, in each case whether
now in existence or hereafter arising (collectively, "Credits"). For the
avoidance of doubt, nothing contained herein shall be construed to give City
any right of ownership in or place any limitation on Developer's exclusive
rights with respect to applying for, collecting, receiving, obtaining, assigning,
granting, conveying, or otherwise transferring any such Credits.
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j. Concurrent Use. So long as the Agreement remains in effect, City shall not
access or use, and shall not permit its agents, employees, representatives,
tenants, invitees, guests or any third party acting by, through or under City, to
access or use the Surface Locations or Facilities; provided, however, that City
reserves the right to use (a) any roads or bridges on the Land, including any
roads constructed or improved by Developer, and (b) the surface of the Land
over any buried or underground Facilities (e.g.,pipelines, valves, etc.), so long
as City takes reasonable precautions to avoid damage to such roads, bridges,
pipelines and valves, and complies with this Agreement and Applicable Law.
In addition, City shall otherwise retain full use and enjoyment of the Land,
except(i)for the Intended Use herein granted to Developer and(ii)to the extent
City's use, or uses by, through or under City, would materially interfere with
the Intended Use.
k. No Mineral Rights. This Agreement does not affect the minerals underlying
the Land. Developer specifically acknowledges and agrees that it is not
acquiring any rights in and to the minerals on or underlying the Land via this
Agreement and Developer is expressly prohibited from exploring for and/or
producing any minerals on,from or under the Land pursuant to this Agreement.
Under no circumstances shall Developer be liable to City for any mineral rights
trespass claims or claims by mineral servitude or rights holders associated with
the Land. Further, City covenants that for any agreement that it enters into after
the Effective Date and which may potentially impact the Covered Depths,
including a mineral deed or mineral lease, that such agreement shall be made
specifically subject to this Agreement and Section II.b herein.
1. The term "Force Majeure" as employed in this Agreement shall mean acts of
God, strikes, lockouts, or other industrial disturbances, acts of public enemy,
sabotage, wars, blockades, insurrections, riots, epidemics, pandemics,
landslides, lightening, earthquakes, fires, storms, floods, high water,washouts,
or other natural disasters, threat of physical harm or damage resulting in the
evacuation or shutdown of facilities necessary for the injection,withdrawal,and
storage of the Carbon Oxides Stream or Permitted Substances, arrests and
restraints of governments and people, civil disturbances, explosions, breakage
or accident to machinery or lines of pipe,freezing of lines of pipe,the orders of
any court,regulatory body or governmental authority having jurisdiction or the
refusal or withdrawal of any necessary order, certificate or permit by any court
regulatory body or governmental authority or agency having jurisdiction, and
any other cause, whether of the kind herein enumerated or otherwise, which is
not within the control of the party claiming suspension and which by the
exercise of due diligence such party is unable to prevent or overcome;such term
shall likewise include, instances when either City or Developer is required to
obtain easements, rights-of-way grants, permits, certificates or licenses to
enable such party to fulfill its obligations hereunder, the inability of such party
to acquire, or the delays on the part of such party in acquiring, at reasonable
cost,and after the exercise of reasonable diligence, such materials and supplies,
permits and permissions.
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m. Default Remedies, Notice and Cure Rights. If Developer fails to perform any
of the covenants or obligations imposed upon it in this Agreement or Applicable
Law and except where such failure is excused due to a Force Majeure event
(which shall extend the applicable time period one day for each day of such
Force Majeure event up to a maximum period of two (2)years),then City may,
at its option, send written notice specifying the default which has occurred and
the remedy or cure sought by City. If City fails to provide such written notice
within ninety (90) days after having actual notice of such default,the default is
waived. A waiver of a default or failure to require cure of a default shall not
constitute a waiver of any subsequent default. Developer shall have thirty (30)
days after its receipt of written notice of its default pursuant to this Section in
which to cure the alleged default or to undertake the activities necessary to
correct the default if the same cannot be completed within the 30-day period. If
Developer fails to cure under this Section, City may seek to impose liability or
a remedy on Developer under this Agreement or Applicable Law whether in
equity or otherwise.
III. Term and Termination.
a. The initial term of this Agreement(the"Initial Term") shall commence on the
Effective Date and end on the date that is 75 years after the Effective Date.
Developer shall be entitled to extend the Initial Term for additional periods of
10 years (each such extension a "Renewal Term") until such time that
Developer's obligations under state and federal law relating to the Facilities are
satisfied, on the same terms and conditions set forth in this Agreement, by
delivering written notice of its intent to extend to City not sooner than one (1)
year and not later than thirty(30)days prior to the expiration of the then-current
Initial Term or Renewal Term, as applicable. [Note to Draft: When we added
all the timelines for Exclusivity,Exclusivity extension,Injection, and EPA-
required monitoring, 65 years was too close. We propose 75 years.]
It is understood that if(i)Developer does not submit a permit application under
the U.S. Environmental Protection Agency ("EPA") or any other applicable
federal, state, or local permitting authority ("Applicable Permit") during the
Exclusivity Period as defined by Section 5 of the Fee Agreement(which period
shall be extended pursuant to Section 5 of the Fee Agreement, or on a day for
day basis in the event (i) the pendency of an application for an Applicable
Permit exceeds this period, or (ii) the failure to timely submit such Applicable
Permit is caused by the City or a Force Majeure event, as defined in Section II.1
herein), or (ii) at any time following the approval of such Applicable Permit,
Developer has not performed the Intended Use of the Land for a period of
twenty-four (24) consecutive months, except to the extent such failure to
perform the Intended Use is caused by the City or a Force Majeure event, then
said Land and all rights granted to Developer in this Agreement shall thereupon
terminate and revert to City, its successors and assigns. For the avoidance of
doubt, City acknowledges and agrees that, for the purposes of this Section, the
submission of an application for an Applicable Permit prior to the expiration of
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the period stated and the active pendency of an Applicable Permit which
exceeds the period stated shall satisfy the requirements of this provision, and
that, for the purposes of this Section, pursuant to Section II.d herein, the
Intended Use of the Land by Developer shall include, but not be limited to,the
Sequestration and passive storage of Permitted Substances,without more,in the
Geologic Storage Complex,or Developer's construction and maintenance of the
Facilities, Developer conducting one or more activities or operations permitted
or contemplated by this Agreement. Developer shall also have the right to
terminate this Agreement at any time upon sixty(60)days' prior written notice.
b. Removal of Facilities Upon Termination or Expiration.Upon the expiration
or termination of this Agreement, Developer shall be responsible, at
Developer's sole discretion and cost,to either(i)remove all or a portion of the
equipment on the surface of the Land,as may be deemed necessary,and restore
the Surface Locations (as nearly as practicable) to its condition prior to the
installation of such Facilities and Surface Locations, or (ii) to abandon such
Facilities and Surface Locations in place, in which case ownership of such
Facilities and Surface Locations shall pass to City.
Notwithstanding anything to the contrary in this Agreement, the Permitted
Substances shall remain in the Geologic Sequestration Facility indefinitely,and
Developer shall retain title to the Permitted Substances injected into the
Geologic Sequestration Facility; provided, however, if at any time, following
completion of Sequestration of any Permitted Substances into the Geologic
Storage Complex or otherwise,any governmental or quasi-governmental entity,
including,but not limited to,the State of Texas,the United States government,
any county,municipal,or local governmental entity, or any other entity formed
by or otherwise authorized to fulfill such purpose, assumes responsibility for
the Geologic Storage Complex pursuant to Applicable Laws,and in connection
therewith requests or requires that this Agreement be assigned, released,
canceled or terminated, the Parties shall cooperate in good faith with any such
request or requirement, including by executing any commercially reasonable
instrument requested or required to memorialize the foregoing.This Agreement
shall remain in effect for so long as Developer continues to use the Land.
IV. Chapter 380 Incentives
a. Ad Valorem Taxes. Subject to the abatement provided under this Agreement,
Developer shall be responsible for payment of any ad valorem property taxes
assessed against the personal property of Developer installed on the Land under
the terms of this Agreement, which shall be billed separately from any taxes
assessed against the real property of City; provided, however, City shall be
responsible for all ad valorem taxes assessed for the Land.
b. Tax Abatement. The tax abatement provided for in this Agreement for the
Facilities shall be effective on valuation date as authorized by
Section 312.204 of the Texas Tax Code and Section 380.001 of the Texas Local
11
Government Code. Pursuant to the Program, during each year that this
Agreement is in effect, the appraised value of the personal property of
Developer installed on the Land under the terms of this Agreement shall be
reduced by an amount equal to [0.05%]. Payment of fees and other amounts
under the Fee Agreement,as defined below,shall be considered payment in lieu
of any and all taxes due on the personal property of Developer.
V. Concurrent Fee Agreement
a. Concurrent Fee Agreement. City and Developer acknowledge that this
Agreement is executed contemporaneously with that certain Fee Agreement by
and between City and Developer (the "Fee Agreement"), which Fee
Agreement sets forth the fees and other compensation payable by Developer to
City for and in connection with activities and uses of the Land. City agrees that
the consideration paid by Developer to City pursuant to the Fee Agreement
includes payment for damages, revegetation, roads, and fences to City, the
Land, and City's lessees, easement holders, licensees, permittees or other third
parties conducting operations or having rights to the Land for all of Developer's
rights and activities permitted under this Agreement and that no additional
consideration shall be due or payable by Developer to City or such third parties,
except as expressly set forth in the Fee Agreement or in this Agreement. Except
for any ingress and egress rights required to conduct monitoring activities with
respect to the Geologic Storage Complex and provisions that expressly survive
the termination of this Agreement or the Fee Agreement, as applicable, or as
otherwise expressly provided herein or therein, the Fee Agreement and this
Agreement shall run concurrently and the Fee Agreement shall terminate upon
any termination of this Agreement, and neither City nor Developer shall have
any further rights or obligations hereunder or thereunder upon any such
termination with respect to such Agreement.
VI. Miscellaneous
a. Texas Boycott Prohibitions. To the extent required by Texas law, Developer
verifies that: (1) It does not have a practice, policy, guidance, or directive that
discriminates against a firearm entity or firearm trade association, as defined in
Texas Government Code § 2274.001, and that it will not during the term of the
contract discriminate against a firearm entity or firearm trade association; (2)It
does not "boycott Israel" as that term is defined in Texas Government Code §
808.001 and it will not boycott Israel during the term of this contract; and(3)It
does not "boycott energy companies," as those terms are defined in Texas
Government Code §§ 809.001 and 2274.001, and it will not boycott energy
companies during the term of the Agreement.
b. Notices. All notices required or permitted to be given under this Agreement
shall be in writing and shall be considered sufficiently given if delivered to the
specified address by (a) hand, courier or overnight delivery service or (b)
12
certified or registered mail, return receipt requested, in either case with a copy
by email:
If to City:
City of Beaumont
Attn: [name]
[street address]
[city, state, zip code]
With copy to: [email]
[Note to City: Please complete.]
If to Developer:
Caliche CO2 Sequestration, LLC
Attn: Dave Marchese
919 Milam Street, Suite 2425
Houston, Texas 77002
With copy to: drm@calichestorage.com
A notice shall be effective upon the other Parry's receipt of the notice. Either
Party may specify a different address for delivery of notices by written notice
to the other Party as provided herein.
c. Applicable Law. THIS AGREEMENT SHALL BE GOVERNED BY AND
CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF
TEXAS,WITHOUT REFERENCE TO CONFLICTS OF LAW PRINCIPLES.
With respect to any disputes arising out of or relating to this Agreement,
jurisdiction and venue shall be proper in the state and federal courts located in
Beaumont, Jefferson County, Texas.
d. Headings.The Section headings are used herein for convenience only and shall
not be considered a part of this Agreement or used in its interpretation.
References to "Sections"herein are to Sections of this Agreement.
e. Severability. If any provision of this Agreement or the application thereof to
any person or circumstances shall be invalid or unenforceable to any extent,this
Agreement shall be modified to the minimum extent necessary to make such
provision enforceable. If such modification is not permitted by law,any invalid
or unenforceable provision shall be disregarded and the remainder of this
Agreement shall not be affected thereby and shall be enforced to the greatest
extent permitted by law.
f. Counterparts. This Agreement may be executed in several counterparts, each
of which shall be an original of this Agreement but all of which,taken together,
shall constitute one and the same Agreement and shall be binding upon the
13
parties who have executed any counterpart,regardless of whether it is executed
by all parties named herein.
[Signature Page Follows]
14
THUS DONE AND SIGNED on the date or dates herein below written, in the presence of
the undersigned competent witnesses and notary, to be effective as of the Effective Date.
COMPLETE SIGNATURE BLOCKS
CITY:
WITNESSES City Name
Printed Name: By:
Its:
Printed Name:
STATE OF
COUNTY OF
On this day of , 202_, before me, appeared,
, to me personally known, who, being by me duly
sworn, did say that he/she is the of
, and that the foregoing instrument was signed
on behalf of said company and that he acknowledged the instrument to be the free act and deed of
such company.
Signature of Notary Public
Notary's name printed:
My commission expires:
15
DEVELOPER:
WITNESSES Developer Name
Printed Name: By:
Its:
Printed Name:
STATE OF
COUNTY OF
On this day of , 202_, before me, appeared , to
me personally known, who, being by me duly sworn, did say that he/she is the
of ,
and that the foregoing instrument was signed on behalf of said company and that he acknowledged
the instrument to be the free act and deed of such company.
Signature of Notary Public
Notary's name printed:
My commission expires:
EXHIBIT "A"
Attached hereto and made a part of that certain Agreement dated ,
2023, by and between City of Beaumont,Texas, as City, and Caliche CO2 Sequestration,
LLC, as Developer.
Total Exhibit"A" Acreage comprising the Land: acres, more or less.
Legal Description:
It is the intention of the Parties for this Agreement to cover all land and interests owned by
City within the outlined Area of Interest as shown on the map attached as Exhibit"B"
Signed for Identification:
Exhibit"B"
Area of Interest
CONFIDENTIAL SEQUESTRATION FEE AGREEMENT
This Confidential Sequestration Fee Agreement (the "Fee Agreement"), effective as of
the effective date of the Chapter 380 Agreement defined below (the "Effective Date"), is
entered into by and between:
(1) City of Beaumont, Texas ("Grantor"), a municipal entity of the State of Texas
whose address is ; and
(2) CDP II CO2 Sequestration, LLC ("Grantee"), a Delaware limited liability
company,whose address is 919 Milam Street, Suite 2425,Houston, Texas 77002;
who declares as follows:
In this Fee Agreement, Grantor and Grantee may be referred to collectively as the
"Parties"and individually as a"Party."
RECITALS:
WHEREAS, the Parties have executed contemporaneously herewith a certain Chapter
380 Economic Development Agreement And Underground Storage Agreement Between The
City of Beaumont and Caliche CO2 Sequestration LLC (the"Chapter 380 Agreement"),and all
capitalized terms not defined herein shall have the meanings given them in the Chapter 380
Agreement;
WHEREAS, the Chapter 380 Agreement contemplates the granting of a lease under, on,
and through the Grantor's property described more fully in the Chapter 380 Agreement (the
"Land") for the following purposes and uses, subject in each case to the terms, conditions and
limitations set forth in this Chapter 380 Agreement: (i)to inject, sequester and store carbon oxide
and carbon dioxide, together with liquids, gases, other vaporous, gaseous, solid or liquid
substances, associated with, contained in, or incidental to the storage and injection of carbon
oxide and carbon dioxide, and all constituent and associated products, including without
limitation the Carbon Oxides Stream (defined below) (collectively, "Permitted Substances")
within the geographic and stratigraphic boundaries of the subsurface pore space(s) and related
confining area(s) under the Land to be used by Grantee for Sequestration (collectively, the
"Geologic Storage Complex") shall initially be defined by reference to the Covered Depths (as
defined in SectionII.b. of the Chapter 380 Agreement), and to maintain, preserve and protect
the integrity of said Geologic Storage Complex (collectively, "Sequestration"); (ii) to access,
drill, investigate, survey (whether geophysically or otherwise), locate, construct, maintain,
inspect, test,repair, alter, change,remove, abandon-in-place,replace, enlarge,expand, dispose of
and operate all appurtenances and facilities, buildings and improvements reasonably useful or
necessary to Sequestration, whether above or below the surface of the Land, including without
limitation injection, test and monitor wells, well pads, downhole equipment, utility and
communication lines, monitoring equipment, pipelines, valves, cathodic protection, conduits,
pumping and compression equipment, metering equipment and other related structures, roads
and bridges, and fences, bollards, and similar barriers to protect or enclose any of the foregoing,
and any other appurtenances that may be necessary or desirable in connection with the operation,
maintenance, and protection of Grantee's equipment and related facilities (collectively, the
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131495680v.5131495680v.7
"Facilities") in such location(s)under, on, and through the Land as Grantee may determine from
time to time(the"Surface Locations");
WHEREAS, the Chapter 380 Agreement contemplates Sequestration of Permitted
Substances, other Intended Use (as defined below) and the drilling, construction, operation and
maintenance, amongst other things, of certain Facilities (collectively, the "Project") on Land
and/or Surface Locations owned or controlled by Grantor in Jefferson County, Texas;
WHEREAS, Grantee and Grantor agreed that, as consideration for the Chapter 380
Agreement and the rights granted Grantee thereunder, Grantee shall pay Grantor certain fees for
the Sequestration and other activities related to the Project and reimburse Grantor for certain
surface damages in accordance with the Chapter 380 Agreement; and
WHEREAS, the Parties desire to further define the terms and conditions governing the
payment of such fees and damages related to the Project.
NOW, THEREFORE,the Parties agree to the following:
1. Concurrent Chapter 380 Agreement. Grantor and Grantee acknowledge that
this Fee Agreement is executed contemporaneously with the Chapter 380 Agreement,which sets
forth all of the terms and conditions of Grantee's use of the Land for its Sequestration operations,
other Intended Use (as defined below) and other activities related to the Project, except for the
fees and compensation payable by Grantee for and in connection therewith (including damages
caused by Grantee in connection with the construction of Grantee's Facilities and Sequestration
operations) and related matters covered by this Fee Agreement. Except for provisions that
expressly survive the termination of this Fee Agreement or the Chapter 380 Agreement, as
applicable, or as otherwise expressly provided herein or therein,the Chapter 380 Agreement and
this Fee Agreement shall run concurrently and this Fee Agreement shall terminate upon any
termination of the Chapter 380 Agreement, and neither Grantor nor Grantee shall have any
further rights or obligations hereunder or thereunder upon any such termination.
2. Intended Use. The Chapter 380 Agreement contemplates the Grantee's use of the
Land for its Sequestration operations, including construction and maintenance of Facilities, and
all other purposes and uses expressly set forth in the Chapter 380 Agreement (the "Intended
Use"). Grantee shall conduct all operations in or under the Land as a reasonably prudent
operator. For all purposes of this Fee Agreement and the Chapter 380 Agreement, the Intended
Use shall expressly,but without limitation, include the Sequestration of carbon oxide and carbon
dioxide that has been captured from an emission source(e.g., a power plant or industrial plants),
plus incidental associated substances derived from the source materials and the capture process,
and any substances added to the stream to enable or improve the injection process, as such terms
are defined at 40 C.F.R. §§ 146.81(d),260.10, and/or otherwise further described in the preamble
at 79 Fed. Reg. 350 (Jan. 3, 2014) (the"Carbon Oxides Stream").
3. Establishment of Sequestration Zone. The Parties agree that Grantee may, in
its sole discretion, contribute, combine or pool any and all of the Geologic Storage Complex
beneath the Land to or with subsurface pore space(s) beneath other lands (whether owned by
Grantor or by third parties) to create a larger subsurface Sequestration area which Grantee may
utilize in connection with its Sequestration operations, including the Project (such larger area, a
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131195680v.5131495680v.7
"Sequestration Zone").Grantee shall deliver written notice to Grantor that the Land is included
in a Sequestration Zone within thirty (30) days of the establishment of said Sequestration Zone,
and Grantee shall execute and record in the conveyance records of the County(ies)in which such
Sequestration Zone is situated an instrument identifying and describing the covered lands. In
creating or establishing any Sequestration Zone, Grantee shall proceed at all times in accordance
with any applicable rules and/or regulations of the Railroad Commission of Texas, Texas
Commission on Environmental Quality,the Environmental Protection Agency, Internal Revenue
Service or other applicable governmental authority.
4. Construction Costs. Grantee shall pay all Construction Costs in connection with
the survey, design, engineering, drilling, construction, installation, inspection, and testing of the
Facilities. As used in this Fee Agreement, "Construction Costs" means any and all actual
out-of-pocket costs and expenses for the Facilities, including: (a) actual costs of materials used,
including fabrication charges, freight, and taxes; (b) costs of any and all survey, design,
engineering, drilling, construction, installation, inspection, and testing performed by third parties
or by employees of Grantees and/or its affiliates; (c) costs for obtaining any permits, licenses,
rights-of-way, and easements; and (d) expenses, including salaries, payroll taxes, benefits,
overhead and transportation, meals, and lodging, incurred by third parties or by employees of
Grantee and/or its affiliates in performing all or any portion of the survey, design, engineering,
drilling, construction, installation, inspection, and testing of the Facilities. Customer agrees that
any or all of the work may be performed by qualified employees of Grantee and/or its affiliates
and their respective independent contractors.
5. Initial Payment for Exclusive Right to Sequestration. Upon the Effective Date,
Grantee shall have, for a period of twenty (24) months from the Effective Date, the sole and
exclusive right to perform activities in connection with the Project on the Land and/or Surface
Locations, as defined in the Chapter 380 Agreement (the "Exclusivity Period") (which period
shall be extended on a day for day basis in the event (i) the pendency of an application for an
Applicable Permit, as defined in Section -1-4III.a. of the Chapter 380 Agreement, exceeds the
Exclusivity Period, or (ii) the failure to commence the Intended Use within the Exclusivity
Period is caused by the Grantor or a Force Majeure event, as defined in Section 4413 herein). In
the event that Grantee has not commenced with the Intended Use, as defined in the Chapter 380
Agreement,prior to the expiration of the Exclusivity Period, as may be extended per the terms of
this Section-5, Grantee shall have the option to submit a one-time payment in the amount of one
hundred thousand and No/100 Dollars ($100,000.00) to extend the Exclusivity Period by an
additional twenty-four(24)months.
Without limiting the foregoing and notwithstanding anything in the Chapter 380
Agreement to the contrary, the Parties agree that, upon the expiration of the Exclusivity Period,
any portion of the Land which is not included within the geographical confines or surface area of
a Geologic Storage Complex and/or Sequestration Zone, together with an additional one
thousand foot (1,000') buffer area lying outside of and surrounding the geographical confines or
surface area of any such Geologic Storage Complex and/or Sequestration Zone, shall be released
from and no longer subject to the Chapter 380 Agreement or this Fee Agreement. For the
avoidance of doubt, the Parties agree that, with respect to any portion of the Land included
within the geographical confines or surface area of a Geologic Storage Complex and/or
Sequestration Zone, plus a one thousand foot (1,000') buffer area around such Geologic Storage
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"'A° 5131495680v.7
Complex and/or Sequestration Zone, the Chapter 380 Agreement and this Fee Agreement shall
continue in force and effect pursuant to the terms of the Chapter 380 Agreement, including for
all periods both before and after the foregoing Exclusivity Period.
6. Payment upon Commencement of Drilling Operations for Individual Surface
Location(s). Upon the commencement by Grantee of drilling operations for individual Surface
Locations, and the installation of associated Facilities, Grantee shall submit a one-time payment
to Grantor in the amount equal to one hundred thousand and No/100 Dollars ($100,000.00) per
injection well as additional compensation under this Fee Agreement(the"Drilling Payment").
7. Payment for Surface Damages. The Parties have mutually agreed that the
submission of any Drilling Payment paid by Grantee under this Fee Agreement includes
adequate consideration for damages to and the repair of the Land, Surface Locations,
revegetation, roads, and fences to the extent solely and directly caused by or resulting from the
survey, drilling, construction, and installation of any Facilities, use of the Geologic Storage
Complex, or Grantee's Sequestration operations or exercise of other rights granted under the
Chapter 380 Agreement by Grantee. Notwithstanding anything contained in the Chapter 380
Agreement or this Fee Agreement to the contrary, in no event and under no circumstances shall
Grantee be responsible for any indirect, incidental, punitive, exemplary or consequential
damages (whether for breach of any representation,warranty, or covenant in this Fee Agreement,
the Chapter 380 Agreement, or any document executed in connection herewith).
8. Payment upon Injection and Sequestration. The Parties hereby agree that,upon
commencement of commercial injection, Sequestration or storage of the Carbon Oxides Stream
within the Geologic Storage Complex, Grantee shall make quarterly payments (the "Volumetric
Royalty") in an amount equal to one Dollar($1.00)per metric ton of Carbon Oxides Stream(the
"Injected Substances")that is injected into the Geologic Storage Complex and/or Sequestration
Zone (subject to proportionate adjustment required herein), as measured by Grantee at the time
of injection during the applicable preceding calendar quarter.
(a) First Payment. The first Volumetric Royalty shall be made on or before
the first day of the calendar month that is four(4) full calendar months following the first
date of such injection(e.g., if the first injection occurs on January 20,the first Volumetric
Royalty will be due on June 1).
(b) Subsequent Payments. Thereafter, Grantee shall make payment of the
Volumetric Royalty to Grantor no later than thirty(30) days after the end of the calendar
quarter within which injections were made.
(c) Minimum Annual Payment. Grantee shall be permitted,but not have the
obligation, to inject any volume of Injected Substances into the Geologic Storage
Complex in any calendar year during the term of this Fee Agreement,provided however,
that beginning on the first day of the calendar year following the commencement of
commercial injection, Sequestration or storage of the Injected Substances within the
Geologic Storage Complex, should the total amount of Volumetric Royalty payments
made in any calendar year amount to less than the Volumetric Royalty that would
otherwise be owed for the injection of two hundred fifty thousand (250,000) metric tons
of Injected Substances, or two hundred fifty thousand and No/100 Dollars ($250,000.00)
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131495680v.5131495680v.7
based on an amount equal to one Dollar ($1.00) per metric ton (the "Minimum Annual
Payment"), Grantee shall submit payment in the amount of the difference between the
total amount of Volumetric Royalty payments made in the affected calendar year and the
Minimum Annual Payment. This payment shall be made to Grantor no later than sixty
(60) days after the last day of the affected calendar year, and this payment shall be the
sole and exclusive remedy to Grantor in the event that the total amount of Volumetric
Royalty payments made in any calendar year amount to less than the Minimum Annual
Payment. To the extent that (i) Grantee enters into a contract in the state of Texas with
another party containing comparable economic and volumetric terms to this Fee
Agreement ("Comparable Contract"), (ii) such Comparable Contract provides for a
Minimum Annual Payment that exceeds the Minimum Annual Payment set forth in this
Fee Agreement, and (iii) such Minimum Annual Payment is calculated based on a
Volumetric Royalty paid for the injection of two hundred fifty thousand(250,000)metric
tons of Injected Substances or fewer,then no later than the month immediately following
the commencement of injection under such Comparable Contract, Grantee and Grantor
will execute an amendment memorializing a modification of the Minimum Annual
Payment under this Section to equal the Minimum Annual Payment under such
Comparable Contract.
(d) Metering and Monitoring. Grantee, at its sole cost and expense, shall
install and maintain appropriate metering and monitoring equipment to measure and
record the actual volumes of Injected Substances associated with the Project in
accordance with industry standards ("Metering Equipment"). Subject to the limitations
discussed herein, the Volumetric Royalties shall be based upon the measured quarterly
aggregate of Injected Substances volumes recorded by the Metering Equipment. The
Parties further agree that the type of Metering Equipment installed is within the sole
discretion of Grantee as operator of the Project.
9. Payment for Continued Monitoring. The Parties hereby agree that, upon
Grantee's notice to Grantor that all commercial injection, Sequestration or storage of the Injected
Substances within the Geologic Storage Complex has ceased, Grantee shall, for a period of fifty
(50) calendar years thereafter (the "Monitoring Period"), make annual payments in an amount
equal to fifty thousand and No/100 Dollars($50,000.00) for continued monitoring of the Injected
Substances in the Geologic Storage Complex in accordance with industry standards, including
continued access for operation, testing, installation and maintenance of monitoring equipment
(the"Monitoring Payment").
In the event that during the Monitoring Period Grantee determines that commercial
injection, Sequestration or storage of the Injected Substances within the Geologic Storage
Complex may resume, Grantee shall have the option to cease the Monitoring Period along with
subsequent Monitoring Payments and recommence commercial injection, Sequestration or
storage of the Injected Substances within the Geologic Storage Complex upon written notice to
Grantor, and a renewed fifty (50) calendar year Monitoring Period along with subsequent
Monitoring Payments shall commence upon Grantee's notice to Grantor that all commercial
injection, Sequestration or storage of the Injected Substances within the Geologic Storage
Complex has ceased.
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131195680v.5131495680v.7
10. Adjustment to Volumetric Royalty in Connection with Grantor's Net
Ownership Interest. In the event Grantor's Land is contributed, combined or pooled to or with
other lands/pore space(s) to create a Sequestration Zone, Grantor's Volumetric Royalty shall be
adjusted ("Adjusted Volumetric Royalty") to reflect Grantor's proportionate ownership of
lands on a surface acreage basis within Sequestration Zone, consistent with the following
example: Assume (1) the Sequestration Zone comprises 3,000 acres, and (2) the Grantor's
undivided ownership of land or of pore space within the Sequestration Zone comprises 300
acres. The Volumetric Royalty will be adjusted as follows:
300 acres-3,000 acres x Volumetric Royalty=Adjusted Volumetric Royalty
11. Binding Agreement; Assignment. The terms of this Fee Agreement shall
constitute real rights running with Grantor's right, title and interest in and to the Land and the
Geologic Storage Complex, as applicable, and shall be binding upon the representatives, heirs,
executors, administrators, successors, and assigns of Grantor, for the benefit of Grantor and
Grantee, and their successors and assigns. This Fee Agreement shall not be assignable by either
Party without the prior written consent of the other Party, which shall not be unreasonably
withheld. An associated transfer by a Party of substantially all of its assets to another entity
(whether in one transaction or a series of transactions), or the merger or consolidation of a Party
with another entity, or the transfer of a controlling ownership interest of such Party, will be
deemed to constitute an assignment.
12. Ratification; Conflicts. The Chapter 380 Agreement remains in full force and
effect and is hereby ratified by the Parties. To the extent there is any conflict between the terms
of this Fee Agreement and the terms of the Chapter 380 Agreement, the applicable terms of the
Chapter 380 Agreement shall control.
13. Force Majeure. The term "Force Majeure" as employed in this Fee Agreement
shall mean acts of God, strikes, lockouts, or other industrial disturbances, acts of public enemy,
sabotage, wars, blockades, insurrections, riots, epidemics, pandemics, landslides, lightening,
earthquakes, fires, storms, floods, high water, washouts, or other natural disasters, threat of
physical harm or damage resulting in the evacuation or shutdown of facilities necessary for the
injection, withdrawal, and storage of the Carbon Oxides Stream or Permitted Substances, arrests
and restraints of governments and people, civil disturbances, explosions,breakage or accident to
machinery or lines of pipe, freezing of lines of pipe, the orders of any court, regulatory body or
governmental authority having jurisdiction or the refusal or withdrawal of any necessary order,
certificate or permit by any court regulatory body or governmental authority or agency having
jurisdiction, and any other cause, whether of the kind herein enumerated or otherwise, which is
not within the control of the party claiming suspension and which by the exercise of due
diligence such party is unable to prevent or overcome; such term shall likewise include, instances
when either Grantor or Grantee is required to obtain Easements, rights-of-way grants, permits,
certificates or licenses to enable such party to fulfill its obligations hereunder, the inability of
such party to acquire, or the delays on the part of such party in acquiring, at reasonable cost, and
after the exercise of reasonable diligence, such materials and supplies,permits and permissions.
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131495680v.5131495680v.7
14. Default, Remedies, Notice and Cure Rights. If Grantee fails to perform any of
the covenants or obligations imposed upon it in this Fee Agreement or Applicable Law and
except where such failure is excused due to a Force Majeure event (which shall extend the
applicable time period one day for each day of such Force Majeure event up to a maximum
period of two (2) years), then Grantor may, at its option, send written notice specifying the
default which has occurred and the remedy or cure sought by Grantor. If Grantor fails to provide
such written notice within ninety(90) days after having actual notice of such default,the default
is waived. A waiver of a default or failure to require cure of a default shall not constitute a
waiver of any subsequent default. Grantee shall have thirty (30) days after its receipt of written
notice of its default pursuant to this Section in which to cure the alleged default or to undertake
the activities necessary to correct the default if the same cannot be completed within the 30-day
period. If Grantee fails to cure under this Section, Grantor may seek to impose liability or a
remedy on Grantee under this Fee Agreement or Applicable Law whether in equity or otherwise.
15. Limitation of Liability and No Consequential Damages. THE PARTIES
HEREBY CONFIRM THAT THE EXPRESS REMEDIES AND MEASURES OF DAMAGES
PROVIDED IN THIS FEE AGREEMENT OR CONCURRENT CHAPTER 380 AGREEMENT
SATISFY THE ESSENTIAL PURPOSES HEREOF FOR BREACH OF ANY PROVISION FOR
WHICH AN EXPRESS REMEDY OR MEASURE OF DAMAGES IS PROVIDED, SUCH
EXPRESS REMEDY OR MEASURE OF DAMAGES SHALL BE THE SOLE AND
EXCLUSIVE REMEDY, THE OBLIGOR'S LIABILITY SHALL BE LIMITED AS SET FORTH
IN SUCH PROVISION, AND ALL OTHER REMEDIES OR DAMAGES AT LAW OR IN
EQUITY ARE WAIVED. IF NO REMEDY OR MEASURE OF DAMAGES IS EXPRESSLY
PROVIDED HEREIN, THE OBLIGOR'S LIABILITY SHALL BE LIMITED TO DIRECT
ACTUAL DAMAGES ONLY, SUCH DIRECT ACTUAL DAMAGES SHALL BE THE SOLE
AND EXCLUSIVE REMEDY, AND ALL OTHER REMEDIES OR DAMAGES AT LAW OR
IN EQUITY ARE WAIVED. NEITHER PARTY OR ITS AGENTS OR AFFILIATES SHALL
BE LIABLE OR BEAR RESPONSIBILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL,
CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES IN ANY KIND OR MANNER,
INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS OR LOST
REVENUE. IT IS THE INTENT OF THE PARTIES THAT THE LIMITATIONS HEREIN
IMPOSED ON REMEDIES AND THE MEASURE OF DAMAGES BE WITHOUT REGARD
TO THE CAUSE OR CAUSES RELATED THERETO, INCLUDING THE NEGLIGENCE OF
ANY PARTY, WHETHER SUCH NEGLIGENCE BE SOLE, JOINT OR CONCURRENT, OR
ACTIVE OR PASSIVE.
16. Notices. All notices required or permitted to be given under this Fee Agreement
shall be in writing and shall be considered sufficiently given if delivered to the specified address
by(a)hand, courier or overnight delivery service or(b)certified or registered mail, return receipt
requested, in either case with a copy by email:
If to Grantor:
City of Beaumont
Attn: [name]
[street address]
[city, state, zip code]
With copy to: [email]
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131495680v.5131495680v.7
[Note to City: Please complete.]
If to Grantee:
Caliche CO2 Sequestration, LLC
Attn: Dave Marchese
919 Milam Street, Suite 2425
Houston, Texas 77002
With copy to: drm@calichestorage.com
A notice shall be effective upon the other Party's receipt of the notice. Either Party may
specify a different address for delivery of notices by written notice to the other Party as provided
herein.
17. Applicable Law. THIS FEE AGREEMENT AND THE CHAPTER 380
AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH
THE LAWS OF THE STATE OF TEXAS, WITHOUT REFERENCE TO CONFLICTS OF
LAW PRINCIPLES. With respect to any disputes arising out of or relating to this Fee
Agreement, exclusive jurisdiction and venue shall be proper in the state and federal courts
located in Beaumont, Jefferson County, Texas.
18. Headings. The Section headings are used herein for convenience only and shall
not be considered a part of this Fee Agreement or used in its interpretation. References to
"Sections"herein are to Sections of this Fee Agreement.
19. Severability. If any provision of this Fee Agreement or the application thereof to
any person or circumstances shall be invalid or unenforceable to any extent, this Fee Agreement
shall be modified to the minimum extent necessary to make such provision enforceable. If such
modification is not permitted by law, any invalid or unenforceable provision shall be disregarded
and the remainder of this Fee Agreement shall not be affected thereby and shall be enforced to
the greatest extent permitted by law.
20. Counterparts. This Fee Agreement may be executed in several counterparts,
each of which shall be an original of this Fee Agreement but all of which, taken together, shall
constitute one and the same agreement and shall be binding upon the parties who have executed
any counterpart,regardless of whether it is executed by all parties named herein.
[Signature Page Follows]
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DONE AND SIGNED on the date or dates herein below written, in the presence of the
undersigned competent witnesses and notary, to be effective as of the Effective Date.
COMPLETE SIGNATURE BLOCKS
GRANTOR:
WITNESSES Grantor Name
Printed Name: By:
Its:
Printed Name:
STATE OF
COUNTY/COUNTY OF
On this day of , 202_,before me, appeared,
, to me personally known, who, being by me duly
sworn, did say that he/she is the of
, and that the foregoing instrument was signed
on behalf of said company and that he acknowledged the instrument to be the free act and deed
of such company.
Signature of Notary Public
Notary's name printed:
My commission expires:
9
131195680v.5131495680v.7
GRANTEE:
WITNESSES Grantee Name
Printed Name: By:
Its:
Printed Name:
STATE OF
COUNTY/COUNTY OF
On this day of , 202 , before me, appeared
, to me personally known, who, being by me duly sworn, did say
that he/she is the of
, and that the foregoing instrument was
signed on behalf of said company and that he acknowledged the instrument to be the free act and
deed of such company.
Signature of Notary Public
Notary's name printed:
My commission expires:
10
131495680v.5131495680v.7
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Document 1 ID iManage://uswrkdms.lockelord.net/America/131495680/6
#131495680v6<America> - Confidential Sequestration
Description Fee Agreement Template REV CITY JAN23- LL
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Document 2 ID iManage://uswrkdms.lockelord.net/America/131495680/7
#131495680v7<America> - Confidential Sequestration
Description Fee Agreement Template REV CITY JAN23- LL
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STATE OF TEXAS §
COUNTY OF JEFFERSON §
CHAPTER 380 ECONOMIC DEVELOPMENT AGREEMENT AND
UNDERGROUND STORAGE AGREEMENT BETWEEN THE CITY OF BEAUMONT
AND CALICHE CO2 SEQUESTRATION LLC
This Underground Storage Agreement and Chapter 380 Economic Development
Agreement (the "Agreement"), is entered into effective as of the
2023 (the"Effective Date")by and between:
(1) City of Beaumont, Texas ("City") a municipal entity of the State of Texas,whose
address is ; and
(2) CDP II CO2 Sequestration, LLC ("Developer"), a Delaware limited liability
company, whose address is 919 Milam Street, Suite 2425,Houston, Texas 77002;
(3) In this Agreement, City and Developer may be referred to collectively as the
"Parties"and individually as a"Party."
RECITALS
WHEREAS, Article 3, Section 52A, Texas Constitution, authorizes the Legislature to
enable cities and counties to implement programs for the public purposes of economic
development under which cities and counties may provide financial incentives for the purposes
of stimulating local economic development and business and commercial activity; and
WHEREAS, Chapter 380 of the Texas Local Government Code ("Chapter 380")
provides the statutory authority for the City to establish and administer a program, including the
grant of real property interests,provision of tax incentives, and the making of loans and grants of
public money, to promote state and local economic development and to stimulate business and
commercial activity in the municipality; and
WHEREAS, the City finds that the administration of a program that will grant real
property interests and provide tax incentives to the Developer related to certain property (the
"Program") would promote local economic development and stimulate business and
commercial activity within the City; and
WHEREAS, the Developer will construct Facilities, as defined herein, in the City and has
applied for the Program to locate the Facilities in the City; and
WHEREAS, the Parties desire to enter into this Agreement pursuant to Chapter 380 and
Article 3, Section 52A of the Texas Constitution(collectively,the"Legal Authorities") in order
to provide grants of real property interests, tax incentives, loans, and money in accordance
therein; and 1
132312702v.2132312702v.4
WHEREAS, the City recognizes the positive economic impact the Facilities and the
revenues generated by the Facilities, as defined herein, will have on the City and wishes to
provide incentives to Developer to assist in the construction and operation of the Facilities,
thereby contributing toward the further economic development and growth of the City; and
WHEREAS, the City wishes to encourage Developer to construct the Facilities, and the
City finds that this Agreement embodies an eligible program and clearly promotes economic
development in the City, and as such, meets the prerequisites under the Legal Authorities and
further is in the best interests of the City; and
WHEREAS, the City Council of Beaumont finds that this Agreement contains sufficient
controls to ensure that the Program is carried out according to all applicable laws; and
NOW, THEREFORE, in consideration of the foregoing recitals and the mutual promises,
agreements, services, obligations, covenants, and benefits set forth in this Agreement, the City
and Developer agree and contract as follows:
I. Authorization
a. City's execution and performance of this Agreement is authorized pursuant to
Chapter 380 of the Texas Local Government Code; Article 3, Section 52A of
the Texas Constitution; and pursuant to the City's Chapter 380 Economic
Development Policy. The City hereby represents and warrants to Developer
that the City has full constitutional and lawful right, power and authority,
under current applicable law, to execute and deliver and perform the terms
and obligations of this Agreement, and all of the foregoing have been or will
be duly and validly authorized and approved by all necessary City
proceedings, findings, and actions. Accordingly, this Agreement constitutes
the legal, valid, and binding obligation of the City, is enforceable in
accordance with its terms and provisions, and does not require the consent of
any other governmental authority.
b. Developer hereby represents and warrants to the City that Developer has full
constitutional and lawful right,power, and authority,under current applicable
law, to execute and deliver and perform the terms and obligations of this
Agreement, and all of the foregoing have been or will be duly and validly
authorized and approved by all actions necessary. Accordingly, this
Agreement constitutes the legal,valid, and binding obligation of Developer, is
enforceable in accordance with its terms and provisions, and does not require
the consent of any other authority or entity.
II. Lease
a. Grant and Purpose. KNOW ALL MEN BY THESE PRESENTS, for and in
consideration of the sum of Ten dollars($10.00)in hand paid by Developer to
City, and other good and valuable consideration,the receipt and sufficiency of
which are hereby acknowledged and confessed, City does hereby let and lease
to Developer, its affiliates, and their respective successors and assigns, the
2
132312702v.2132312702v.4
City's property described more fully on Exhibit A attached hereto and a made
a part hereof (the "Land") for the following purposes and uses, subject in
each case to the terms, conditions and limitations set forth in this Agreement:
i. to inject, sequester and store carbon oxide and carbon dioxide,
together with liquids, gases, other vaporous, gaseous, solid or liquid
substances, associated with, contained in, or incidental to the storage
and injection of carbon oxide and carbon dioxide, and all constituent
and associated products, including without limitation the Carbon
Oxides Stream (defined below) (collectively, "Permitted
Substances") within the Geologic Storage Complex (defined below),
and to maintain, preserve and protect the integrity of said Geologic
Storage Complex(collectively, "Sequestration");
ii. to access drill, investigate, survey (whether geophysically or
otherwise), locate, construct, maintain, inspect, test, repair, alter,
change, remove, abandon-in-place, replace, enlarge, expand, dispose
of and operate any and all appurtenances and facilities, buildings and
improvements reasonably useful or necessary to Sequestration,
whether above or below the surface of the Land, including without
limitation injection, test and monitor wells, well pads, downhole
equipment, utility and communication lines, monitoring equipment,
pipelines, valves, cathodic protection, conduits, pumping and
compression equipment, metering equipment and other related
structures, roads and bridges, and fences bollards and similar barriers
to protect or enclose any of the foregoing and any other appurtenances
that may be necessary or desirable in connection with the operation,
maintenance, and protection of Developer's equipment and related
facilities (collectively, the "Facilities") in such location(s) under, on,
and through the Land as Developer may determine from time to time
(the "Surface Locations"), it being expressly agreed that Developer
shall have the right to drill through and under the subsurface of the
Land in order to access and conduct Sequestration activities within the
Geologic Storage Complex,-- cations shall be first e ea nd
approve; and
iii. to take such other actions, and access and install such Facilities as
may be or become necessary for Developer to comply with, maintain,
satisfy or qualify the Sequestration operations and Facilities under and
pursuant to the requirements of any and all Applicable Laws (defined
below), including without limitation 26 U.S.C. § 45Q, Credits (defined
below), the California Low Carbon Fuel Standard, Cal. Code Regs. tit.
17 §§ 95480-95503 (2018), the California Global Warming Solutions
Act of 2006, Cal. Health & Safety Code §§ 38500-38599, and the
Carbon Capture and Sequestration Protocol under the Low Carbon
Fuel Standard (August 13, 2018) or any other related guidelines
promulgated or otherwise issued by the California Air Resources
3
1 323 1 2702v.2132312702v.4
Board ("CARB"), and Texas Water Code § 27, in each case as the
same may be amended,replaced or superseded from time to time.
TO HAVE AND TO HOLD the above described Land,together with all rights
necessary or incidental thereto which are or may be required to accomplish the
purposes and uses hereby permitted and granted unto the said Developer, its
successors and assigns, and City agrees with Developer and Developer's
successors in title and assigns that the rights herein granted shall be real rights
running with the Land (including the Surface Locations and the Geologic
Storage Complex) and be binding upon City, City's heirs, legal representatives
and successors in title. This Agreement is personal to Developer and shall not
be an easement or right-of-way declared or granted for the public's benefit
whatsoever.
b. Geologic Storage Complex. The geographic and stratigraphic boundaries of
the subsurface pore space(s) and related confining area(s) under the Land to
be used by Developer for Sequestration (collectively, the "Geologic Storage
Complex") shall initially be defined by reference to the Covered Depths (as
defined below). From and after the Effective Date, Developer shall have the
right, but not the obligation, to (a) update, correct or supplement this
Agreement to provide for a more complete or accurate description of the
boundaries of the Land, including any Surface Locations, Facilities and the
Geologic Storage Complex, or(b)release any portion(s) of the Land, Surface
Locations, Facilities or Geologic Storage Complex from this Agreement, and
in either case City agrees to execute any such instrument for purposes of
recording same in the conveyance records of the County(ies) wherein the
Land or Geologic Storage Complex are situated. At its sole option, and to the
extent the Lands subject to this Agreement does not include the entire
physical boundaries of City's property, Developer shall be entitled to expand
or enlarge the amount of Land covered by this Agreement in the event such
expansion or enlargement represents less than a twenty percent (20%)
aggregate increase in the total surface area of the Land originally covered
hereby (but in City's sole discretion for any such expansion or enlargement
that represents a twenty percent (20%) or greater aggregate increase in the
total surface area of such Land), except pursuant to an order or judgment(e.g.,
in the nature of an expropriation) issued by a federal or state court or other
agency having competent jurisdiction and in compliance with the applicable
rules and regulations of such court or other agency. In such event, the
expansion or enlargement of the Land or Geologic Storage Complex shall be
evidenced by a written instrument, which shall be recorded in the conveyance
records of the County(ies)wherein the Land or Geologic Storage Complex are
situated. Further, after completion or establishment of the Geologic Storage
Complex (including any subsequent reduction, alteration or expansion),
Developer shall furnish City a plat depicting the boundaries of the Geologic
Storage Complex. The Geologic Storage Complex covers and includes all
strata and pore space(s) not containing hydrocarbon minerals or otherwise
encumbered beneath the Land contained within the stratigraphic interval
4
132312702v.2132312702v.4
starting at either feet or at the base of the , hereby
defined as the stratigraphic equivalent of that point found at a depth of
feet on the Log on the Well, Serial No. , API
No. , located in Section , T , R
County, Texas, whichever depth is shallower, and to all
depths below (the "Covered Depths"), with rights to all rock and associated
pore space(s) within such rock at depths other than the Covered Depths
reserved unto City(but subject to the requirements of this Section).
City shall have the right to carry on, in and under the Land, such operations
necessary for and in connection with discovery, extraction, utilization,
removal and sale of all minerals above and below the Covered Depths subject
to: (i) any requirement or restrictions imposed by Applicable Law; or (ii) the
limitations set forth below. However, City's rights are to be exercised so as
not to unreasonably interfere with, and with due regard for, the operations to
be carried on by Developer in accordance with this Agreement. Further, for
any oil, gas or similar well ("O&G Well"), or water well, salt water disposal
well, or similar well on the Land, City agrees that such wells must be
completed at a total depth of five hundred feet (500') or greater above the
Covered Depths and may not otherwise penetrate into or through or otherwise
compromise the integrity of the Geologic Storage Complex. Further, an O&G
Well may also be directionally drilled and completed at a total depth five
hundred feet (500') or greater below the Covered Depths if it does not
otherwise penetrate into or through or otherwise compromise the integrity of
the Geologic Storage Complex. For the avoidance of doubt, under no
circumstances shall City drill or permit to be drilled into or through, or
otherwise store, inject, or withdraw any substances within the Geologic
Storage Complex, including without limitation via any O&G Well or any
water well, salt water disposal well, or similar well. For each O&G Well and
each water well, salt water disposal well, or similar well on (or near, in the
case of a directionally drilled well that is completed above or below the
Geologic Storage Complex) the Land that otherwise complies with this
Section, City agrees to the following: (a) if an O&G Well is completed as a
producer of oil and/or gas and pipe is set in such well, City will not perforate,
stimulate or produce oil, gas, or any other substances from the Covered
Depths, nor will City perforate or withdraw from or inject into any substance
at any water well, salt water disposal well, or similar well within the Covered
Depths; and (b) if an O&G Well or water well, salt water disposal well, or
similar well is plugged and abandoned, City will do so in accordance with
Applicable Laws and the requirements of Section
c. Access/Use. During construction and installation of the above and below
ground Facilities, and in connection with the use, operation and maintenance
of the Geologic Storage Complex and the Facilities, Developer and its
employees, agents, contractors (and any contractor's employees,
subcontractors, agents, representatives, invitees, licensees and suppliers),
representatives, invitees, licensees and suppliers shall have the right of ingress
5
132312702v.2132312702v.4
and egress upon or within existing roads located on the Land; provided,
however, that if Developer lacks reasonable vehicular access to any Surface
Locations, Developer, with input and approval from City, which shall not be
unreasonably withheld, conditioned, or delayed, shall have the right to
construct new or replacement roads as necessary to provide and maintain such
access, but that shall not hinder the City's use of the Land. At all times,
Developer shall maintain and grade all roads primarily utilized by Developer
for Sequestration on the Land in an all-weather condition, passable for
vehicular traffic. Any damage to existing or new roads caused directly by
Developer shall be the responsibility of Developer and shall be promptly
repaired by Developer with the same material as originally constructed or
using a material reasonably designated by City. Any damage to existing or
new roads caused by the City or those utilizing roads with permission of City
shall be the responsibility of City and shall be promptly repaired by City with
the same material as originally constructed or using a material reasonably
designated by Developer. In repairing roads, each Party shall use
commercially reasonable efforts to fill in or level any ditches or depressions
caused by such Party. Except to the extent such access roads are deemed to be
public access, Developer agrees to keep City's gates closed and locked when
not in use by Developer; provided,however,that City shall provide Developer
with a key or other means of access to and through such gates. Further, in
connection with the initial construction of the Facilities, Developer shall have
the right to conduct topographic, environmental, archeological, geophysical,
and boundary surveys of the Land, including with respect to the Geologic
Storage Complex.
d. Intended Use. The Land, including any Surface Locations, Facilities and the
Geologic Storage Complex, may be used by Developer for its Sequestration
operations, including construction,maintenance, and monitoring of Facilities,
and all other purposes and uses expressly set forth in this Agreement (the
"Intended Use").Developer shall conduct all operations in or under the Land
as a reasonably prudent operator. For all purposes of this Agreement, the
Intended Use shall expressly,but without limitation, include the Sequestration
of carbon oxide and carbon dioxide that has been captured from an emission
source (e.g., a power plant or gas processing plants),plus incidental associated
substances derived from the source materials and the capture process, and any
substances added to the stream to enable or improve the injection process, as
such terms are deemed at 40 C.F.R. §§ 146.81(d), 260.10, and/or otherwise
further described in the preamble at 79 Fed. Reg. 350 (Jan. 3, 2014) (the
"Carbon Oxides Stream"). Developer shall not possess, occupy or use the
Land in violation of any federal, state or local laws or regulations applicable
to Developer, Developer's Sequestration operations, or Developer's use or
operation of the Servitude, including without limitation the Intended Use
("Applicable Laws"). It shall further be Developer's sole responsibility to
ensure that the Intended Use complies in all material respects with zoning,use
restrictions, applicable Permitted Exceptions (defined below) or similar legal
limitations applicable to the Land, including without limitation any fire
6
132312702v.2132312702v.4
prevention, environmental or safety requirements imposed by Applicable
Laws.
e. Pipelines and Surface Locations.Developer shall have the right to construct
one or more pipelines within ate-existinp pipeline right-of-way upon the
Land; provided the pipeline right-of-way (right of egress and ingress)
associated with each pipeline shall not exceed sixty feet (60') in total width.
To the extent any pipeline right-of-way exists upon the Land,Developer shall
use such right-of-way if such use is practicable and economically feasible.
During construction of said pipeline(s), Developer shall be granted access to
additional temporary workspace as needed for construction activities. Any
pipeline constructed or utilized by Developer is limited to transportation of
only the Carbon Oxides Stream and its constituent compounds for
Sequestration or such other products as necessary, in Developer's sole
discretion, for maintenance of the Facilities, including all other Permitted
Substances.
With respect to the location of (i) any pipeline right-of-way that is not
colocated in a then-existing pipeline right-of-way or (ii) any Facilities within
those portions of the Land where Developer is permitted to place Facilities,
Developer shall notify the City of the proposed location of such Facilities, and
the City shall have thirty (30) days to provide written objection and reasons
for such objection to Developer. If the City fails to object to the applicable
location(s) during such thirty day period, any objections shall be deemed
waived. Upon receipt of City's objection to pipeline right-of-way or Facility
location(s), the Parties shall work in good faith to address the City's reasons
for such objections.
Developer shall maintain all Surface Locations in good condition (ordinary
wear and tear excepted). Further, with respect to any pipeline-related Surface
Location, Developer shall, as soon as reasonably possible: (i) remove
therefrom all debris which may be the product of any maintenance or
construction work by Developer; (ii) restore and grade the surface of said
Surface Location to, as nearly as can reasonably be done, a similar condition
as existed immediately prior to any such operations, maintenance or
construction work; (iii) remediate vegetation and soil erosion problems as is
reasonable and practicable; and (iv) keep the pipeline-related Surface
Locations clear of underbrush, trees and other growths, obstructions and
hazards of any kind, in compliance with Applicable Laws.
f. Seismic. Developer expressly retains and reserves the concurrent right to
grant third parties seismic, geophysical, and geological permits and to enter
into other agreements with third parties, allowing such third parties to conduct
geophysical, geological, or seismic surveys on, over, under, through and
across the Land; provided, however, that no such grant or agreement (a)
interferes in any material respect with the Sequestration operations,Facilities,
or Intended Use, nor(b) shall violate or authorize any acts or uses that would
7
132312 702v.2132312702v.4
constitute a violation of the requirements of Section II.j or Section II.b. In
connection with the Intended Use, City grants to Developer the right to
conduct seismic surveys on the Land of the Geologic Storage Complex
(including the Covered Depths, as defined below) by means of a torsion
balance, seismograph explosions, mechanical device, or any other method,
including any activities or methods that may be required pursuant to
Applicable Laws, including all applicable certification guidelines. Any
seismic testing shall comply with City ordinance.
g. Warranty. City covenants with Developer and represents and warrants that
City is the lawful fee simple owner and holds full ownership of the Land, and
that City has the right and authority to make this grant, and that City will
forever warrant and defend the title thereto against all claims whatsoever.
However, Developer acknowledges and declares that neither City nor any
party whomsoever, acting or purporting to act in any capacity whatsoever on
behalf of City, have made any direct, indirect, explicit or implicit statement,
representation or declaration, whether by written or oral statement or
otherwise, upon which Developer has relied, concerning the existence or
non-existence of any quality, characteristic or condition of the Land described
herein. This Agreement provides Developer full, complete and unlimited
access to the Land for all tests and inspections which Developer, in its sole
discretion, deems sufficiently diligent for the protection of Developer's
interests, and that all such real property is suitable, if so determined in
Developer's sole discretion, for Developer's Intended Use. [Have we
h. City's Cooperation. City agrees to reasonably cooperate with Developer
(when requested in writing, and at Developer's sole cost and expense), which
may include locating surface facilities, executing permits or applications, and
performing monitoring activities in connection with Developer's efforts to
obtain or maintain any permits or governmental authorizations that may be or
become required by Applicable Laws in connection with its Sequestration
operations.
i. Credits. For the avoidance of doubt, it is understood and agreed that
Developer shall be exclusively entitled to apply for, collect, receive, obtain,
assign, grant, transfer or convey the benefit (directly or indirectly) of all
credits, set-offs, payments or other consideration arising out of or in
connection with its Sequestration operations, including, without limitation,
federal, state, regional and local tax credits, emissions, emissions reduction
and renewable energy credits, green pricing programs, green tags, and similar
credit trading programs, and environmental credits, set-offs and similar
benefits, in each case whether now in existence or hereafter arising
(collectively, "Credits"). For the avoidance of doubt, nothing contained
herein shall be construed to give City any right of ownership in or place any
limitation on Developer's exclusive rights with respect to applying for,
collecting, receiving, obtaining, assigning, granting, conveying, or otherwise
transferring any such Credits.8
132312702v.2132312702v.4
j. Concurrent Use. So long as the Agreement remains in effect, City shall not
access or use, and shall not permit its agents, employees, representatives,
tenants, invitees, guests or any third party acting by, through or under City,to
access or use the Surface Locations or Facilities;provided,however,that City
reserves the right to use (a) any roads or bridges on the Land, including any
roads constructed or improved by Developer, and (b) the surface of the Land
over any buried or underground Facilities(e.g.,pipelines,valves, etc.), so long
as City takes reasonable precautions to avoid damage to such roads, bridges,
pipelines and valves, and complies with this Agreement and Applicable Law.
In addition, City shall otherwise retain full use and enjoyment of the Land,
except (i) for the Intended Use herein granted to Developer and (ii) to the
extent City's use, or uses by,through or under City,would materially interfere
with the Intended Use.
k. No Mineral Rights. This Agreement does not affect the minerals underlying
the Land. Developer specifically acknowledges and agrees that it is not
acquiring any rights in and to the minerals on or underlying the Land via this
Agreement and Developer is expressly prohibited from exploring for and/or
producing any minerals on, from or under the Land pursuant to this
Agreement. Under no circumstances shall Developer be liable to City for any
mineral rights trespass claims or claims by mineral servitude or rights holders
associated with the Land. Further, City covenants that for any agreement that
it enters into after the Effective Date and which may potentially impact the
Covered Depths, including a mineral deed or mineral lease, that such
agreement shall be made specifically subject to this Agreement and Section
Kb herein.
1. The term"Force Majeure" as employed in this Agreement shall mean acts of
God, strikes, lockouts, or other industrial disturbances, acts of public enemy,
sabotage, wars, blockades, insurrections, riots, epidemics, pandemics,
landslides, lightening, earthquakes, fires, storms, floods, high water,
washouts, or other natural disasters, threat of physical harm or damage
resulting in the evacuation or shutdown of facilities necessary for the
injection, withdrawal, and storage of the Carbon Oxides Stream or Permitted
Substances, arrests and restraints of governments and people, civil
disturbances, explosions, breakage or accident to machinery or lines of pipe,
freezing of lines of pipe, the orders of any court, regulatory body or
governmental authority having jurisdiction or the refusal or withdrawal of any
necessary order, certificate or permit by any court regulatory body or
governmental authority or agency having jurisdiction, and any other cause,
whether of the kind herein enumerated or otherwise, which is not within the
control of the party claiming suspension and which by the exercise of due
diligence such party is unable to prevent or overcome; such term shall
likewise include, instances when either City or Developer is required to obtain
easements, rights-of-way grants, permits, certificates or licenses to enable
such party to fulfill its obligations hereunder, the inability of such party to
acquire, or the delays on the part of such party in acquiring, at reasonable cost,
9
132312702v.2132312 702 v.4
and after the exercise of reasonable diligence, such materials and supplies,
permits and permissions.
m. Default Remedies, Notice and Cure Rights. If Developer fails to perform
any of the covenants or obligations imposed upon it in this Agreement or
Applicable Law and except where such failure is excused due to a Force
Majeure event(which shall extend the applicable time period one day for each
day of such Force Majeure event up to a maximum period of two (2) years),
then City may, at its option, send written notice specifying the default which
has occurred and the remedy or cure sought by City. If City fails to provide
such written notice within ninety (90) days after having actual notice of such
default, the default is waived. A waiver of a default or failure to require cure
of a default shall not constitute a waiver of any subsequent default. Developer
shall have thirty (30) days after its receipt of written notice of its default
pursuant to this Section in which to cure the alleged default or to undertake
the activities necessary to correct the default if the same cannot be completed
within the 30-day period. If Developer fails to cure under this Section, City
may seek to impose liability or a remedy on Developer under this Agreement
or Applicable Law whether in equity or otherwise.
III. Term and Termination.
a. The initial term of this Agreement (the "Initial Term") shall commence on
the Effective Date and end on the date that is['19?75 years after the Effective
Date. Developer shall be entitled to extend the Initial Term for additional
periods of{S}10 years (each such extension a "Renewal Term") until such
time that Developer's obligations under state and federal law relating to the
Facilities are satisfied, on the same terms and conditions set forth in this
Agreement, by delivering written notice of its intent to extend to City not
sooner than one (1) year and not later than thirty (30) days prior to the
expiration of the then-current Initial Term or Renewal Term, as applicable.
f Note to Draft: When we added all the timelines for Exclusivity,
Exclusivity extension,Injection, and EPA- required monitoring,65 years
was too close. We propose 75 years.]
It is understood that if (i) Developer does not submit a permit application
under the U.S. Environmental Protection Agency ("EPA") or any other
applicable federal, state, or local permitting authority ("Applicable Permit")
(Should this be defined assuring the"Exclusivity Period"-simil r to the other
deme t?]w thin twent.. f„r (21) m nt s as defined by Section 5 of the
Effective DatcFee Agreement (which period shall be extended pursuant to
Section 5 of the Fee Agreement, or on a day for day basis in the event (i) the
pendency of an application for an Applicable Permit exceeds this period, or
(ii) the failure to timely submit such Applicable Permit is caused by the City
or a Force Majeure event, as defined in Section 11.1 herein), or(ii) at any time
following the approval of such Applicable Permit, Developer has not
performed the Intended Use of the Land for a period of twenty-four (24)
10
132312702v.2132312702v.4
consecutive months, except to the extent such failure to perform the Intended
Use is caused by the City or a Force Majeure event, then said Land and all
rights granted to Developer in this Agreement shall thereupon terminate and
revert to City, its successors and assigns. For the avoidance of doubt, City
acknowledges and agrees that, for the purposes of this Section, the submission
of an application for an Applicable Permit prior to the expiration of the period
stated and the active pendency of an Applicable Permit which exceeds the
period stated shall satisfy the requirements of this provision, and that, for the
purposes of this Section, pursuant to Section Il.d herein, the Intended Use of
the Land by Developer shall include, but not be limited to, the Sequestration
and passive storage of Permitted Substances, without more, in the Geologic
Storage Complex, or Developer's construction and maintenance of the
Facilities, Developer conducting one or more activities or operations
permitted or contemplated by this Agreement. Developer shall also have the
right to terminate this Agreement at any time upon sixty (60) days' prior
written notice.
b. Removal of Facilities Upon Termination or Expiration. Upon the
expiration or termination of this Agreement, Developer shall be responsible,
at Developer's sole discretion and cost, to either(i)remove all or a portion of
the equipment on the surface of the Land, as may be deemed necessary, and
restore the Surface Locations (as nearly as practicable) to its condition prior to
the installation of such Facilities and Surface Locations, or (ii) to abandon
such Facilities and Surface Locations in place, in which case ownership of
such Facilities and Surface Locations shall pass to City.
Notwithstanding anything to the contrary in this Agreement, the Permitted
Substances shall remain in the Geologic Sequestration Facility indefinitely,
and Developer shall retain title to the Permitted Substances injected into the
Geologic Sequestration Facility; provided, however, if at any time, following
completion of Sequestration of any Permitted Substances into the Geologic
Storage Complex or otherwise, any governmental or quasi-governmental
entity, including, but not limited to, the State of Texas, the United States
government, any county,municipal, or local governmental entity, or any other
entity formed by or otherwise authorized to fulfill such purpose, assumes
responsibility for the Geologic Storage Complex pursuant to Applicable Laws,
and in connection therewith requests or requires that this Agreement be
assigned, released, canceled or terminated, the Parties shall cooperate in good
faith with any such request or requirement, including by executing any
commercially reasonable instrument requested or required to memorialize the
foregoing. This Agreement shall remain in effect for so long as Developer
continues to use the Land.
IV. Chapter 380 Incentives
a. Ad Valorem Taxes. Subject to the abatement provided under this
Agreement, Developer shall be responsible for payment of any ad valorem
11
132312702v.2132312702v.4
property taxes assessed against the personal property of Developer installed
on the Land under the terms of this Agreement, which shall be billed
separately from any taxes assessed against the real property of City;provided,
however, City shall be responsible for all ad valorem taxes assessed for the
Land.
b. Tax Abatement. The tax abatement provided for in this Agreement for the
— Facilities shall be effective on valuation date as authorized by
Section 312.204 of the Texas Tax Code and Section 380.001 of the Texas
Local Government Code. Pursuant to the Program, during each year that this
Agreement is in effect, the appraised value of the personal property of
Developer installed on the Land under the terms of this Agreement shall be
reduced by an amount equal to [0.05%]. Payment of fees and other amounts
under the Fee Agreement, as defined below, shall be considered payment in
lieu of any and all taxes due on the personal property of Developer.
V. Concurrent Fee Agreement
a. Concurrent Fee Agreement. City and Developer acknowledge that this
Agreement is executed contemporaneously with that certain Fee Agreement
by and between City and Developer (the "Fee Agreement"), which Fee
Agreement sets forth the fees and other compensation payable by Developer
to City for and in connection with activities and uses of the Land. City agrees
that the consideration paid by Developer to City pursuant to the Fee
Agreement includes payment for damages, revegetation, roads, and fences to
City, the Land, and City's lessees, easement holders, licensees, permittees or
other third parties conducting operations or having rights to the Land for all of
Developer's rights and activities permitted under this Agreement and that no
additional consideration shall be due or payable by Developer to City or such
third parties, except as expressly set forth in the Fee Agreement or in this
Agreement. Except for any ingress and egress rights required to conduct
monitoring activities with respect to the Geologic Storage Complex and
provisions that expressly survive the termination of this Agreement or the Fee
Agreement, as applicable, or as otherwise expressly provided herein or
therein, the Fee Agreement and this Agreement shall run concurrently and the
Fee Agreement shall terminate upon any termination of this Agreement, and
neither City nor Developer shall have any further rights or obligations
hereunder or thereunder upon any such termination with respect to such
Agreement.
VI. Miscellaneous
a. Texas Boycott Prohibitions. To the extent required by Texas law, Developer
verifies that: (1) It does not have a practice,policy, guidance, or directive that
discriminates against a firearm entity or firearm trade association, as defined
in Texas Government Code § 2274.001, and that it will not during the term of
the contract discriminate against a firearm entity or firearm trade association;
12
132312702v.2132312702v.4
(2) It does not "boycott Israel" as that term is defined in Texas Government
Code § 808.001 and it will not boycott Israel during the term of this contract;
and (3) It does not"boycott energy companies," as those terms are defined in
Texas Government Code §§ 809.001 and 2274.001, and it will not boycott
energy companies during the term of the Agreement.
b. Notices. All notices required or permitted to be given under this Agreement
shall be in writing and shall be considered sufficiently given if delivered to the
specified address by (a) hand, courier or overnight delivery service or (b)
certified or registered mail,return receipt requested, in either case with a copy
by email:
If to City:
City of Beaumont
Attn: [name]
[street address]
[city, state, zip code]
With copy to: [email]
[Note to City: Please complete.]
If to Developer:
Caliche CO2 Sequestration, LLC
Attn: Dave Marchese
919 Milam Street, Suite 2425
Houston, Texas 77002
With copy to: drm@calichestorage.com
A notice shall be effective upon the other Parry's receipt of the notice. Either
Party may specify a different address for delivery of notices by written notice
to the other Party as provided herein.
c. Applicable Law. THIS AGREEMENT SHALL BE GOVERNED BY AND
CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF
TEXAS, WITHOUT REFERENCE TO CONFLICTS OF LAW
PRINCIPLES. With respect to any disputes arising out of or relating to this
Agreement, jurisdiction and venue shall be proper in the state and federal
courts located in Beaumont, Jefferson County, Texas.
d. Headings. The Section headings are used herein for convenience only and
shall not be considered a part of this Agreement or used in its interpretation.
References to "Sections"herein are to Sections of this Agreement.
e. Severability. If any provision of this Agreement or the application thereof to
any person or circumstances shall be invalid or unenforceable to any extent,
13
132312702v.2132312702v.4
this Agreement shall be modified to the minimum extent necessary to make
such provision enforceable. If such modification is not permitted by law, any
invalid or unenforceable provision shall be disregarded and the remainder of
this Agreement shall not be affected thereby and shall be enforced to the
greatest extent permitted by law.
f. Counterparts.This Agreement may be executed in several counterparts, each
of which shall be an original of this Agreement but all of which, taken
together, shall constitute one and the same Agreement and shall be binding
upon the parties who have executed any counterpart, regardless of whether it
is executed by all parties named herein.
[Signature Page Follows]
14
132312702v.2132312702v.4
THUS DONE AND SIGNED on the date or dates herein below written, in the presence
of the undersigned competent witnesses and notary,to be effective as of the Effective Date.
COMPLETE SIGNATURE BLOCKS
CITY:
WITNESSES City Name
Printed Name: By:
Its:
Printed Name:
STATE OF
COUNTY OF
On this day of , 202_, before me, appeared,
, to me personally known, who, being by me duly
sworn, did say that he/she is the of
, and that the foregoing instrument was signed
on behalf of said company and that he acknowledged the instrument to be the free act and deed
of such company.
Signature of Notary Public
Notary's name printed:
My commission expires:
15
132312702v.2132312702v.4
DEVELOPER:
WITNESSES Developer Name
Printed Name: By:
Its:
Printed Name:
STATE OF
COUNTY OF
On this day of , 202_, before me, appeared , to
me personally known, who, being by me duly sworn, did say that he/she is the
of ,
and that the foregoing instrument was signed on behalf of said company and that he
acknowledged the instrument to be the free act and deed of such company.
Signature of Notary Public
Notary's name printed:
My commission expires:
132312702v.2132312702v.4
EXHIBIT "A"
Attached hereto and made a part of that certain Agreement dated ,
2023,by and between City of Beaumont,Texas,as City, and Caliche CO2 Sequestration,
LLC, as Developer.
Total Exhibit"A" Acreage comprising the Land: acres, more or less.
Legal Description:
It is the intention of the Parties for this Agreement to cover all land and interests owned by
City within the outlined Area of Interest as shown on the map attached as Exhibit"B"
Signed for Identification:
132312702v.2132312702v.4
Exhibit"B"
Area of Interest
I 132312702v.4
132312702v.2132312702v.4
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4:53:49 PM
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2
April 25, 2023
Consider a request for amendments to the Zoning Ordinance concerning the Board of
Adjustment, Section 28.02.005(3)(B).
BEAUMONT
TEXAS
TO: City Council
FROM: Kenneth R. Williams, City Manager
`f
PREPARED BY: Chris Boone,Assistant City Manager, Community Services
MEETING DATE: April 25, 2023
REQUESTED ACTION: Council consider a request for amendments to the Zoning Ordinance
concerning the Board of Adjustment, Section 28.02.005(3)(B).
BACKGROUND
In order for the Board of Adjustment to grant a variance,the applicant has the burden the prove
all of the following:
(A)That the granting of the variance will not be contrary to the public interest; and
(B) That literal enforcement of the chapter will result in unnecessary hardship because of
exceptional narrowness, shallowness, shape, topography or other extraordinary or
exceptional physical situation or physical condition unique to the specific piece of
property in question. "Unnecessary handicap [hardship]" shall mean physical hardship
relating to the property itself as distinguished from a hardship relating to convenience,
financial considerations or caprice, and the hardship must not result from the applicant's
or property owner's own actions; and
(C) That by granting the variance,the spirit of the chapter will be observed and
substantial justice will be done.
However, as is the case in most cities states, economic hardship is not a basis to grant a variance.
However, Texas House Bill 1475 amended the Local Government Code to require that Texas
cities allow economic hardship as one of the justifications for granting a variance in some limited
circumstances,provided all other requirements for a variance to be granted are adhered to.
Specifically,the Board may also consider the following economic impacts:
(1) the financial cost of compliance is greater than 50 percent of the appraised value of
the structure as shown on the most recent appraisal roll certified to the assessor for the
municipality under Section 26.01, Tax Code;
(2) compliance would result in a loss to the lot on which the structure is located of at
least 25 percent of the area on which development may physically occur;
In addition,the following factors may also be considered:
(3) compliance would result in the structure not being in compliance with a requirement
of a municipal ordinance, building code, or other requirement;
(4) compliance would result in the unreasonable encroachment on an adjacent property
or easement; or
(5) the municipality considers the structure to be a nonconforming structure.
However, it again is important to mention that while these additional justifications are now
eligible for consideration, for a variance to be approved, all requirements outlined in the
ordinance must be proven by the applicant.
In order to comply with State statutes,the Planning staff is recommending amendments to
Section 28.02.005(3)(B).
At a Joint Public Hearing held on April 17, 2023,the Planning Commission recommended 6:0 to
approve the request for amendments to the Zoning Ordinance concerning the Board of
Adjustment, Section 28.02.005(3)(B).
FUNDING SOURCE
Not applicable.
RECOMMENDATION
Approval of the ordinance.
ORDINANCE NO.
ENTITLED AN ORDINANCE AMENDING THE ZONING ORDINANCE CONCERNING
THE BOARD OF ADJUSTEMNT, SECTION 28.02.005(3)(B).
§ 28.02.005. Board of Adjustment.
a) Creation. There is hereby created a Board of Adjustment consisting of five (5)
regular members and four (4) alternate members who shall serve in the absence
of one or more regular members when requested to do so by the City Manager.
Each member of the Board of Adjustment shall be appointed by the Mayor and
confirmed by the City Council for a term of two (2) years or until their successors
are appointed and shall be removable for cause by the Mayor and City Council
upon written charge and after public hearing. Vacancies shall be filled for the
unexpired term of any member whose position becomes vacant for any cause in
the same manner as the original appointment was made. The members of the
Board of Adjustment heretofore existing shall continue to serve as members of the
Board until the terms for which they were originally appointed expire. Members of
the Board shall serve without compensation.
b) Proceedings. The Board of Adjustment shall adopt rules to govern its proceedings;
provided, however, that such rules are not inconsistent with this Chapter or statutes
of the State. Meetings of the Board shall be held at the call of the Chairman and at
such other times as the Board may determine. The Chairman, or in his absence,
the acting Chairman, may administer oaths and compel the attendance of
witnesses. All meetings of the Board shall be open to the public. The Board shall
keep minutes of its proceedings showing the vote of each member upon each
question, or, if absent or failing to vote, indicate such fact, and shall keep records
of its examinations and other official actions, all of which shall be immediately filed
in the office of the Board and shall be a public record.
c) Appeal process. Appeals to the Board can be taken by any person aggrieved or
by an officer, department, or board or bureau of the municipality affected by any
decision of the administrative officer. Such appeal shall be taken within a
reasonable time after the decision has been rendered by the administrative officer,
by filing with the officer from whom the appeal is taken and with the Board, a notice
of appeal specifying the grounds thereof. The officer from whom the appeal is taken
shall forthwith transmit to the Board all the papers constituting the record upon
which the action appealed was taken.
d) Stay of proceeding. An appeal shall stay all proceedings in furtherance of the
action appealed from unless the officer from whom the appeal is taken certifies to
the Board of Adjustment, after the notice of appeal shall have been filed with him,
that by reason of facts stated in the certificate, a stay would, in his opinion, cause
imminent peril to life or property. In such case, proceedings shall not be stayed,
otherwise, then by a restraining order which may be granted by the Board or by a
court of record on application on notice to the officer from whom the appeal is taken
and on due cause shown.
e) General powers. The Board shall have the following powers:
To hear and decide appeals when it is alleged there is an error in any order, requirement,
decision, or determination made by an administrative official in the enforcement of this
Chapter. The Board must find the following in order to grant an appeal:
A. That there is a reasonable difference of interpretation as to the specific
intent of the Zoning regulations or Zoning map.
B. That the resulting interpretation will not grant a special privilege to one
property inconsistent with other properties or uses similarly situated.
C. The decision of the Board must be such as will be in the best interest of the
community and consistent with the spirit and interest of the City's Zoning
laws.
1. To hear and decide special exceptions to the terms of this Chapter. The
term "special exception"shall mean a deviation from the requirements of
the Zoning ordinance, specifically enumerated herein, which shall be
granted only in the following instances, and then only when the Board
finds that such special exception will not adversely affect the value and
use of adjacent or neighboring property or be contrary to the best public
interest:
A. To reconstruct, extend, or enlarge a building occupied by a nonconforming
use on the lot or tract occupied by such building, provided that the
reconstruction, extension, or enlargement does not prevent the return of the
property to a conforming use.
B. To deviate yard requirements in the following circumstances:
i. An exception from the front yard requirements where the actual
front yard setback of an abutting lot does not meet the front yard
requirement or a rear yard exception where the actual rear yard
setback of any four (4) or more lots in the same block do not meet
the rear yard requirements of these regulations.
ii. A yard exception on corner lots.
iii. An exception where the existing front yard setbacks of the various
lots in the same block are not uniform, so that any one of the existing
front yard setbacks shall, for a building hereafter constructed or
extended, be the required minimum front yard depth.
iv. An exception from the minimum front yard requirements for owner
identification signs where a structure existing at the effective date of
this Chapter precludes locating a sign in compliance with the
setback regulation.
v. An exception from a minimum interior side yard setback
requirement for owner identification signs for existing businesses
which were developed prior to April 1, 1981, where there is no safe
place to erect a sign in compliance with the minimum setback
requirements. A condition for granting of the exception is that the
applicant must demonstrate that the sign shall not screen or
obstruct the view of an existing sign, building, or outdoor display
area.
vi. An exception from the minimum side yard setback requirement
where a nonconforming building was in existence at the time of the
passage of this ordinance [January 17, 1984].
C. To waive or reduce off-street parking and loading requirements when the
Board finds the same are unnecessary for the proposed use of the building or
structure for which the special exception request applies.
D. To grant an exception for ten (10) additional feet in height for an advertising
sign when, in the Board's judgment, the sign, at a lower height, will block an
existing sign or structure from view or itself be blocked from view.
2. To authorize upon appeal in specific cases such variance from the terms
of this Chapter as will not be contrary to the public interest, where, owing
to special conditions, a literal enforcement of the provisions of said laws
will result in unnecessary hardship, and so that the spirit of the Chapter
shall be observed and substantial justice done. The term "variance"shall
mean a deviation from the literal provisions of the Zoning ordinance
which is granted by the Board when strict conformity to the Zoning
ordinance would cause an unnecessary hardship, because of
circumstances unique to the property on which the variance is granted.
Except as otherwise prohibited under subsection (j) [(f)] hereof, the
Board is empowered to authorize a variance from a requirement of the
Zoning ordinance when the Board finds that all of the following
conditions have been met:
A. That the granting of the variance will not be contrary to the public interest; and
B. That literal enforcement of the Chapter will result in unnecessary hardship,
because of exceptional narrowness, shallowness, shape, topography, or other
extraordinary or exceptional physical situation or physical condition unique to the
specific piece of property in question. "Unnecessary handicap [hardship]" shall
mean physical hardship relating to the property itself. The following may also be
considered when determining "unnecessary handicap":
i. the cost of compliance with the Zoning ordinance is greater than fifty
(50) percent of the appraised value of the structure as shown on the
most recent certified appraisal roll; or
ii. compliance would result in a loss to the lot on which the structure is
located of at least twenty-five (25) percent of the area on which
development may physically occur; or
iii. compliance would result in the structure not in compliance with a
requirement of another City ordinance, Building Code, or other
requirement; or
iv. compliance would result in the unreasonable encroachment on an
adjacent property or easement; or
v. the city considers the structure to be a nonconforming structure.
As distinguished from a hardship relating to convenience or caprice, and the hardship
must not result from the applicant's or property owner's own actions; and
C. That by granting the variance, the spirit of the chapter will be observed and
•
substantial justice will be done.
The applicant shall have the burden of proving to the board that the foregoing conditions
have been met.
f) Use variance prohibited. No variance shall be granted to permit a use in a zoning
district in which that use is prohibited.
g) Additional conditions. The board is empowered to impose upon any variance or
special exception any condition reasonably necessary to protect the public interest and
community welfare.
h) Revocation or modification.
1. A variance or special exception may be revoked or modified for any of the
following reasons:
A. That the variance or special exception was obtained or extended by fraud or
deception.
B. That one or more of the conditions imposed by the Board in granting such
variance or special exception has not been complied with or has been violated.
C. That the variance or special exception, although granted in accordance with all
requirements hereof, has caused a nuisance or is otherwise detrimental to
public health, safety and welfare.
2. An action to revoke or modify a previously granted variance or special
exception may be initiated by order of the City Council, the City Manager,
any member of the Board, or the person who obtained the variance or
special exception.
3. The Board of Adjustment shall hear a request for the revocation or
modification of a variance or special exception in accordance with the same
notification and hearing procedures established for original variances and
special exceptions.
i) Notification and hearing process. Any request for an appeal, variance or special
exception shall require a public hearing before the Board. Notice of said hearing
shall be published at least one (1) time in a newspaper of the City, at least ten (10)
days prior to the day of the hearing. A written notice of the hearing shall be sent to
owners of property situated within two hundred (200) feet of the exterior boundary
of the property with respect to which such appeal, variance or exception is
requested. It shall be sufficient that such written notice is addressed to the owner
appearing on the most current tax roll of the City and addressed to such owner at
the address stated on said roll. If no owner is stated on the tax roll, or no address
appears thereon, the written notice to such property owner shall not be required. A
processing fee of two hundred fifty dollars ($250.00) shall be paid to the City in
advance of the hearing. In the event the application is withdrawn prior to the mailing
of the required written notification of publication in the official newspaper, the fee
shall be refunded.
j) Action of the Board. The concurring vote of four (4) members of the board shall be
necessary to reverse any order, requirement, decision or determination of any such
administrative official, or to decide in favor of the applicant on any matter upon
which it is required to pass under any such ordinance, or to effect any variation in
such ordinance.
Appeal from decision of Board. Any person aggrieved by any decision of the Board
of Adjustment, or any officer, department or other board or commission of the City or the
City Council, may appeal the decision or action of the Board of adjustment by filing a
petition for same in a court of competent jurisdiction, setting forth that such decision is
illegal in whole or in part, and specifying the grounds for the alleged illegality. Such
petition shall be filed with the court within ten (10) days from the day the Board renders
its decision, and not thereafter. The time period set forth herein shall be deemed
jurisdictional.
k) Reapplication. No application for a variance, special exception, or appeal which
has been denied shall be again filed earlier than one (1) year from the date of
original denial.
I) Validity. If an application is granted by the Board, all permits necessary for the
prosecution of the work must be obtained within one (1) year and construction
completed within the time established by the Building Code. All previous
applications approved by the Board for which building permits have not been
issued shall be valid only if a building permit is obtained within one (1) year after
receipt of a written notice of the requirements of this Section and construction must
be completed within the time limits set forth in the Building Code. Written notice
shall be considered received on the date such notice is mailed to the person, firm
or corporation who received the variance addressed to the address of such person,
firm or corporation as the same shall appear in the records of the planning
department relating to the granting of such application.
(Ordinance 81-17, Sec. 1, adopted 3/10/81; Ordinance 81-58, Sec. 3, adopted 7/28/81;
Ordinance 82-134, Sec. 13, adopted 12/14/82; Ordinance 83-144, Sec. 1, adopted
10/25/ 83; Ordinance 84-09, Sec. 1, adopted 1/17/84; Ordinance 84-87, Sec. 1, adopted
6/26/84; Ordinance 86-30, Sec. 3, adopted 3/25/86; Ordinance 92-62, Sec. 7, adopted
8/11/92; Ordinance 03-098, Sec. 1, adopted 12/9/03; 1978 Code, Sec. 30-37.
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 25th day of
April, 2023.
-Mayor Robin Mouton
BEAUMONT
Planning &Community Development
Case Type:Planning and Zoning Case Status: REVIEW
Case Sub Type:Ordinance Amendment Tag Name:Amendments to Zoning Ordinance for the
Case#: PZ2023-70 Board of Adjustment, 28.02.005(3)(B)
Location: Initiated On:2/14/2023 10:06:55AM
Individuals listed on the record:
Applicant
City of Beaumont Home Phone:
801 Main Street Work Phone: 409-880-3100
Beaumont,TX 77701 Cell Phone:
E-Mail: zoning@beaumonttexas.gov
Flood Zones
Construction Type
Occupancy Type
Fire District
Notes:
Case Type:Planning and Zoning Page 1 of 1
Case#:PZ2023-70 Printed On:3/24/2023
•
§ 28.02.005. Board of adjustment.
(a) Creation.There is hereby created a board of adjustment consisting of five (5)
regular members and four(4)alternate members who shall serve in the absence of
one or more regular members when requested to do so by the city manager. Each
member of the board of adjustment shall be appointed by the mayor and confirmed
by the city council for a term of two (2)years or until their successors are
appointed and shall be removable for cause by the mayor and city council upon
written charge and after public hearing. Vacancies shall be filled for the unexpired
term of any member whose position becomes vacant for any cause in the same
manner as the original appointment was made. The members of the board of
adjustment heretofore existing shall continue to serve as members of the board
until the terms for which they were originally appointed expire. Members of the
board shall serve without compensation.
(b) Proceedings.The board of adjustment shall adopt rules to govern its proceedings;
provided,however,that such rules are not inconsistent with this chapter or statutes
of the state. Meetings of the board shall be held at the call of the chairman and at
such other times as the board may determine. The chairman, or in his absence,the
acting chairman,may administer oaths and compel the attendance of witnesses.
All meetings of the board shall be open to the public. The board shall keep
minutes of its proceedings showing the vote of each member upon each question,
or, if absent or failing to vote, indicate such fact, and shall keep records of its
examinations and other official actions, all of which shall be immediately filed in
the office of the board and shall be a public record.
(c) Appeal process.Appeals to the board can be taken by any person aggrieved or by
an officer, department, or board or bureau of the municipality affected by any
decision of the administrative officer. Such appeal shall be taken within a
reasonable time after the decision has been rendered by the administrative officer,
by filing with the officer from whom the appeal is taken and with the board, a
notice of appeal specifying the grounds thereof. The officer from whom the appeal
is taken shall forthwith transmit to the board all the papers constituting the record
upon which the action appealed was taken.
(d) Stay of proceeding.An appeal shall stay all proceedings in furtherance of the
action appealed from unless the officer from whom the appeal is taken certifies to
the board of adjustment, after the notice of appeal shall have been filed with him,
that by reason of facts stated in the certificate, a stay would, in his opinion, cause
imminent peril to life or property. In such case,proceedings shall not be stayed,
otherwise,than by a restraining order which may be granted by the board or by a
court of record on application on notice to the officer from whom the appeal is
taken and on due cause shown.
(e) General powers.The board shall have the following powers:
(1) To hear and decide appeals when it is alleged there is an error in any order,
requirement, decision, or determination made by an administrative official in
the enforcement of this chapter. The board must find the following in order to
§ 28.02.005 §28.02.005
grant an appeal:
(A) That there is a reasonable difference of interpretation as to the specific
intent of the zoning regulations or zoning map.
(B) That the resulting interpretation will not grant a special privilege to one
property inconsistent with other properties or uses similarly situated.
(C) The decision of the board must be such as will be in the best interest of
the community and consistent with the spirit and interest of the city's
zoning laws.
(2) To hear and decide special exceptions to the terms of this chapter. The term
"special exception"shall mean a deviation from the requirements of the zoning
ordinance, specifically enumerated herein, which shall be granted only in the
following instances, and then only when the board finds that such special
exception will not adversely affect the value and use of adjacent or
neighboring property or be contrary to the best public interest:
(A) To reconstruct, extend or enlarge a building occupied by a
nonconforming use on the lot or tract occupied by such building,
provided that the reconstruction, extension, or enlargement does not
prevent the return of the property to a conforming use.
(B) To deviate yard requirements in the following circumstances:
(i) An exception from the front yard requirements where the actual
front yard setback of an abutting lot does not meet the front yard
requirement or a rear yard exception where the actual rear yard
setback of any four (4) or more lots in the same block do not meet
the rear yard requirements of these regulations.
(ii) A yard exception on corner lots.
(iii) An exception where the existing front yard setbacks of the various
lots in the same block are not uniform,so that any one of the existing
front yard setbacks shall, for a building hereafter constructed or
extended,be the required minimum front yard depth.
(iv) An exception from the minimum front yard requirements for owner
identification signs where a structure existing at the effective date of
this chapter precludes locating a sign in compliance with the setback
regulation.
(v) An exception from a minimum interior side yard setback
requirement for owner identification signs for existing businesses
which were developed prior to April 1, 1981, where there is no safe
place to erect a sign in compliance with the minimum setback
requirements. A condition for granting of the exception is that the
applicant must demonstrate that the sign shall not screen or obstruct
•
§ 28.02.005 § 28.02.005
the view of an existing sign,building, or outdoor display area.
(vi) An exception from the minimum side yard setback requirement
where a nonconforming building was in existence at the time of the
passage of this ordinance [January 17, 1984].
(C) To waive or reduce off-street parking and loading requirements when the
board finds the same are unnecessary for the proposed use of the building
or structure for which the special exception request applies.
(D) To grant an exception for ten (10) additional feet in height for an
advertising sign when, in the board's judgment, the sign, at a lower
height, will block an existing sign or structure from view or itself be
blocked from view.
(3) To authorize upon appeal in specific cases such variance from the terms of this
chapter as will not be contrary to the public interest, where, owing to special
conditions, a literal enforcement of the provisions of said laws will result in
unnecessary hardship, and so that the spirit of the chapter shall be observed
and substantial justice done. The term"variance" shall mean a deviation from
the literal provisions of the zoning ordinance which is granted by the board
when strict conformity to the zoning ordinance would cause an unnecessary
hardship because of circumstances unique to the property on which the
variance is granted. Except as otherwise prohibited under subsection (j) [(f)]
hereof,the board is empowered to authorize a variance from a requirement of
the zoning ordinance when the board finds that all of the following conditions
have been met:
(A) That the granting of the variance will not be contrary to the public
interest; and
(B) That literal enforcement of the chapter will result in unnecessary hardship
because of exceptional narrowness, shallowness, shape, topography or
other extraordinary or exceptional physical situation or physical
condition unique to the specific piece of property in question.
"Unnecessary handicap [hardship]" shall mean physical hardship relating
to the property itself. The following may also be considered when
determining"unnecessary handicap":
(i) the cost of compliance with the zoning ordinance is
greater than 50 percent of the appraised value of the
structure as shown on the most recent certified appraisal
roll; or
(ii) compliance would result in a loss to the lot on which the
structure is located of at least 25 percent of the area on
which development may physically occur; or
(iii) compliance would result in the structure not in
compliance with a requirement of another city ordinance,
building code, or other requirement; or
(iv) compliance would result in the unreasonable
encroachment on an adjacent property or easement; or
(v) the city considers the structure to be a nonconforming
structure.
As distinguished from a hardship relating to convenience, financial
eensidemtiens or caprice, and the hardship must not result from the
applicant's or property owner's own actions; and
(C) That by granting the variance, the spirit of the chapter will be observed
and substantial justice will be done.
The applicant shall have the burden of proving to the board that the foregoing
conditions have been met.
(f) Use variance prohibited.No variance shall be granted to permit a use in a zoning
district in which that use is prohibited.
(g) Additional conditions. The board is empowered to impose upon any variance or
special exception any condition reasonably necessary to protect the public interest
and community welfare.
(h) Revocation or modification.
(1) A variance or special exception may be revoked or modified for any of the
following reasons:
(A) That the variance or special exception was obtained or extended by fraud
or deception.
(B) That one or more of the conditions imposed by the board in granting such
variance or special exception has not been complied with or has been
violated.
(C) That the variance or special exception, although granted in accordance
with all requirements hereof, has caused a nuisance or is otherwise
detrimental to public health, safety and welfare.
(2) An action to revoke or modify a previously granted variance or special
exception may be initiated by order of the city council, the city manager, any
member of the board, or the person who obtained the variance or special
exception.
(3) The board of adjustment shall hear a request for the revocation or modification
of a variance or special exception in accordance with the same notification and
hearing procedures established for original variances and special exceptions.
(i) Notification and hearing process.Any request for an appeal,variance or special
exception shall require a public hearing before the board.Notice of said hearing
shall be published at least one time in a newspaper of the city, at least ten(10)
days prior to the day of the hearing. A written notice of the hearing shall be sent to
owners of property situated within two hundred(200)feet of the exterior boundary
of the property with respect to which such appeal,variance or exception is
requested. It shall be sufficient that such written notice is addressed to the owner
appearing on the most current tax roll of the city and addressed to such owner at
the address stated on said roll. If no owner is stated on the tax roll, or no address
appears thereon,the written notice to such property owner shall not be required. A
processing fee of two hundred fifty dollars ($250.00) shall be paid to the city in
advance of the hearing. In the event the application is withdrawn prior to the
mailing of the required written notification of publication in the official
newspaper,the fee shall be refunded.
(j) Action of the board.The concurring vote of four(4)members of the board shall be
necessary to reverse any order,requirement, decision or determination of any such
administrative official, or to decide in favor of the applicant on any matter upon
which it is required to pass under any such ordinance, or to effect any variation in
such ordinance.
(k) Appeal from decision of board.Any person aggrieved by any decision of the board
of adjustment, or any officer, department or other board or commission of the city
or the city council,may appeal the decision or action of the board of adjustment by
filing a petition for same in a court of competent jurisdiction, setting forth that
such decision is illegal in whole or in part, and specifying the grounds for the
alleged illegality. Such petition shall be filed with the court within ten(10) days
from the day the board renders its decision, and not thereafter. The time period set
forth herein shall be deemed jurisdictional.
(1) Reapplication.No application for a variance; special exception, or appeal which
has been denied shall be again filed earlier than one year from the date of original
denial.
(m) Validity.If an application is granted by the board, all permits necessary for the
prosecution of the work must be obtained within one (1) year and construction
completed within the time established by the building code. All previous
applications approved by the board for which building permits have not been
issued shall be valid only if a building permit is obtained within one (1)year after
receipt of a written notice of the requirements of this section and construction must
be completed within the time limits set forth in the building code. Written notice
shall be considered received on the date such notice is mailed to the person,firm
or corporation who received the variance addressed to the address of such person,
firm or corporation as the same shall appear in the records of the planning
department relating to the granting of such application.
(Ordinance 81-17, sec. 1, adopted 3/10/81; Ordinance 81-58, sec. 3, adopted 7/28/81;
Ordinance 82-134, sec. 13,adopted 12/14/82; Ordinance 83-144, sec. 1, adopted 10/25/
83; Ordinance 84-09, sec. 1, adopted 1/17/84; Ordinance 84-87, sec. 1, adopted 6/26/
84; Ordinance 86-30, sec. 3, adopted 3/25/86; Ordinance 92-62, sec. 7,adopted 8/11/
92; Ordinance 03-098, sec. 1, adopted 12/9/03; 1978 Code, sec. 30-37
3
April 25, 2023
Consider approving a Specific Use Permit to allow swimming lessons in the RS
(Residential Single-Family Dwelling) District located at 4890 Brace Street.
BEAUMONT
TEXAS
TO: City Council
FROM: Kenneth R. Williams, City Manager
PREPARED BY: Chris Boone, Assistant City Manager, Community Services
MEETING DATE: April 25, 2023
REQUESTED ACTION: Council consider a request for a Specific Use Permit to allow
swimming lessons in the RS (Residential Single Family Dwelling)
District located at 4890 Brace Street.
BACKGROUND
Home owner, Raymond Ford, is requesting a Specific Use Permit to offer swimming lessons at
4890 Brace Street. In July of 2022, the Planning Division cited Mr. Ford for conducting
swimming lessons in his backyard pool without the benefit of an approved Specific Use Permit.
The Planning Division received complaints regarding parking issues due to the swimming
lessons offered at his residence.
Like A Fish has been providing services since July of 2019 and has served over 500 children and
150 adults to learn to swim. The program starts mid-May and ends mid-September. Lessons for
children are Monday, Tuesday and Thursday from 5:30 p.m. to 8:30 p.m. Lessons for adults are
Friday, Saturday and Sunday at various times during day light hours. Including himself, Mr. Ford
staffs two (2)to three (3) employees to teach swimming lessons.
At a Joint Public Hearing held on April 17, 2023, the Planning Commission recommended 6:0 to
approve the request for a Specific Use Permit to allow swimming lessons in the RS (Residential
Single Family Dwelling) District located at 4890 Brace Street,with the following condition:
1. Per Engineering,the driveway can accommodate six(6) cars and nine (9) cars can park
on the street. At no point shall cars block driveways or restrict life safety vehicles to
navigate the neighborhood. The owner of the business shall be responsible for
enforcing such parking restrictions.
FUNDING SOURCE
Not applicable.
RECOMMENDATION
Approval of the ordinance,with the following condition:
1. Per Engineering,the driveway can accommodate six(6) cars and nine(9) cars can
park on the street. At no point shall cars block driveways or restrict life safety
vehicles to navigate the neighborhood. The owner of the business shall be
responsible for enforcing such parking restrictions.
LEGAL DESCRIPTION FOR ORDINANCE PURPOSES
Being Lot 9, Block 2, Woodland Oaks Addition, Beaumont, Jefferson County, Texas,
containing 0.338 acres, more or less.
ORDINANCE NO.
ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO
ALLOW SWIMMING LESSONS IN A RS (RESIDENTIAL SINGLE-FAMILY
DWELLING) DISTRICT FOR PROPERTY LOCATED AT 4890 BRACE
STREET IN THE CITY OF BEAUMONT, JEFFERSON COUNTY,
TEXAS.
WHEREAS, homeowner, Raymond Ford, has applied for a Specific Use Permit to
allow swimming lessons in a RS (Residential Single-Family Dwelling) District for property
located at 4890 Brace Street, being Lot 9, Block 2, Woodland Oaks Addition, Beaumont,
Jefferson County, Texas, containing 0.338 acres, more or less as shown on Exhibit "A,"
attached hereto; and,
WHEREAS, the Planning and Zoning Commission of the City of Beaumont
considered the request and is recommending approval of a Specific Use Permit to allow
swimming lessons in a RS (Residential Single-Family Dwelling) District for property
located at 4890 Brace Street, subject to the following condition:
1. The primary parking area shall be within the driveway of 4890 Brace Street.
Customers can also park on the street, but they shall not block driveways or
obstruct the flow of through traffic. It shall be the responsibility of the business
owner to enforce such parking restrictions; and,
WHEREAS, the City Council is of the opinion that the issuance of such Specific
Use Permit to allow swimming lessons is in the best interest of the City of Beaumont and
its citizens;
NOW, THEREFORE, BE IT ORDAINED
BY THE CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the statements and findings set out in the preamble to this ordinance are
hereby, in all things, approved and adopted.
Section 1.
That a Specific Use Permit to allow swimming lessons in a RS (Residential Single-
Family Dwelling) District for property located at 4890 Brace Street, being Lot 9, Block 2,
Woodland Oaks Addition, Beaumont, Jefferson County, Texas, containing 0.338 acres,
more or less as shown on Exhibit "A," is hereby granted to Raymond Ford, their legal
representatives, successors, and assigns, as shown on Exhibit "B," attached hereto and
made a part hereof for all purposes, subject to the following condition:
1. The primary parking area shall be within the driveway of 4890 Brace Street.
Customers can also park on the street, but they shall not block driveways or
obstruct the flow of through traffic. It shall be the responsibility of the business
owner to enforce such parking restrictions.
Section 2.
That the Specific Use Permit herein granted is expressly issued for and in
accordance with each particular and detail of the site plan attached hereto as Exhibit "B,"
and made a part hereof for all purposes.
Section 3.
Notwithstanding the site plan attached hereto, the use of the property herein above
described shall be in all other respects subject to all of the applicable regulations
contained in Chapter 28 of the Code of Ordinances of Beaumont, Texas, as amended,
as well as comply with any and all federal, state and local statutes, regulations or
ordinances which may apply.
The meeting at which this ordinance was approved was in all things conducted in
strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter
551.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 25th day of
April, 2023.
-Mayor Robin Mouton -
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PZ2022-315: Request for a Specific Use Permit to allow swimming lessons in the RS(Residential Single N
Family Dwelling) District.
Applicant: Raymond Ford
Location:4890 Brace Street
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Exhibit "B"
BEAUMONT
• Planning& Community Development
Case Type:Planning and Zoning Case Status:REVIEW
Case Sub Type:Specific Use Permit Tag Name:SUP for swimming lessons
Case if:PZ2022-315 Initiated On:8112/2022 2:48:51PM
Location:4890 BRACE ST,BEAUMONT,77708
individuals listed on the record:
Applicant
Raymond Ford Home Phone: 4099601979
4890 Brace St. . Work Phone:
Beaumont,TX 77708 Cell Phone: 4099601979
E-Mail: coachrford@yahoo.com
Property Owner
Raymond Ford Home Phone: 4099601979
4890 Brace St. Work Phone:
Beaumont,TX 77708 Cell Phone: 4099601979
E-Mail: coachrford@yahoo.com
I '
{
Case Type:Planning and Zoning Page 1 of 2
Case U:P22022-315 Printed On:3/13/2023
BEAUMONT
Planning Community Development
Legal Description WOODLAND OAKS L 9 BLK 2
Number of Acres 0.34
Proposed Use Swimming lessons
That the specific use will be Swimming lessons at 4890 Brace St.,to the citizens of our
compatible with anti not injurious to community,in no way diminishes or Impairs property values within
the use and enjoyment of other the immediate vicinity, It is not injurious nor does it affect the
property,nor significantly diminish or enjoyment of other nearby properties.
Impair property values within the
immediate vicinity
That the establishment of the specific Swimming lessons at 4890 Brace St.does not Imped the normal and
use will not impede the normal and orderly development and improvement of surrounding vacant property.
orderly development and Improvement
of surrounding vacant property;
That adequate utilities,access roads, Swimming lessons at 4890 Brace ST does not Impede the normal
drainage and other necessary and orderly development and improvement of surrounding vacant
supporting facilities have been or will property
be provided
The design,location and arrangement Swimming lessons at 4890 Brace St does not affect the flow of traffic
of all driveways and parking spaces in or out of the neighborhoods
provides for the safe and convenient •
movement of vehicular and pedestrian
traffic
That adequate nuisance prevention Swimming lessons at 4890 Brace St does not cause any odors,
measures have been or will be taken fumes,dust or vibrations. Any noise would just be the sounds of
to prevent or control offensive odor, citizens learning to swim which Is at acceptable volumes.
fumes,dust,noise and vibration
That directional lighting will be Swimming lessons at 4890 Brace St does not require additional
provided so as not to disturb or lighting,as lighting Is already provided.
adversely affect neighboring
properties
That there are sufficient landscaping Swimming lessons at 4890 Brace is conducted In the backyard of
and screening to insure harmony and the properly,behind a 6'privacy fence
compatibility with adjacent property
That the proposed use is in Swimming lessons at 4890 Brace St Is in accordance with the
accordance with the Comprehensive comprehensive plan.
Plan
Notes:
Case Type:Planning and Zoning Page 2 of 2
Cased{:PZ2022-315 Printed On:3/13/2023
City of Beaumont Planning and Zoning Committee,
Like A Fish has been providing swimming lessons to the citizens of Beaumont, Port
Arthur Orange and some as far away as Houston since July of 2019. After
concluding my classes for that year, I wasn't sure i was going to offer swimming
lessons for the summer of 2020 due to the Covid-19 pandemic. While watching the
10 o'clock news on the night of April 15th, the leading story was a drowning on the
City of Beaumont's property known as The Event Center. At that moment, I knew
that was my sign from God to go all in on swimming lessons and that's what I have
done since then.
During this time frame over 500 kids, age ranging from 3-17 and over 150 adults,
age ranging from 18-72 have learned to swim properly through my program. The
lessons for kids and adults normally start in mid-May when the weather and water
Is warm enough. The lessons conclude for kids right around the time school starts
back but continue for adults until mid-September. Kids lessons are Monday,
Tuesday and Thursday between the evening times of 5:30pm to 8:30pm. Adult
lessons are conducted on Friday, Saturday and Sundays at various times during the
day light hours. Besides myself, there are usually 2 to 3 other staff members with
me teaching swimming lessons.
It would be a travesty to the citizens of Beaumont if this program was not allowed
to continue on an annual basis. Thanks in advance for your consideration in this
man ner.
Raymond Ford,Jr.
Like A Fish
4
April 25, 2023
Consider approving an Amended Specific Use Permit to expand a parking lot in the GC-
MD-2 (General Commercial-Multiple Family Dwelling-2) District located at 1350 W. Lucas
Drive.
BEAUMONT
TEXAS
TO: City Council
FROM: Kenneth R. Williams, City Manager
PREPARED BY: Chris Boone, Assistant City Manager, Community Services
MEETING DATE: April 25, 2023
REQUESTED ACTION: Council consider a request for an Amended Specific Use Permit to
expand a parking lot in the GC-MD-2 (General Commercial-Multiple
Family Dwelling-2) District located at 1350 W. Lucas Drive.
BACKGROUND
John Wilson requests approval of an Amended Specific Use Permit to expand a parking lot
located at 1350 W. Lucas Drive. All new land uses within the GC-MD-2 zoning district requires
a Specific Use Permit. Mr. Wilson intends to demolish the existing office and expand the parking
lot to accommodate customers and employees dining at his restaurant, J. Wilson.
Section 28.04.006(f)(7) states, "when a Specific Use Permit is required, the landscape buffering
and fencing required by this section may be modified or eliminated as a condition of a specific
use permit."Mr. Wilson requests a waiver to the perimeter landscaping requirement along the
north property line; however, he does intend to install an 8' wooden fence to screen the parking
lot from the residences to the north.
Per Engineering, the proposed parking layout is feasible; however the southern driveway may
need to be shifted to the south approximately 15' to align with the drive aisle or the first few
spaces in front of the existing driveway may need to be eliminated and marked"no parking."
At a Joint Public Hearing held on April 17, 2023,the Planning Commission recommended 6:0 to
approve the request for a Specific Use Permit to expand a parking lot in the GC-MD-2 (General
Commercial-Multiple Family Dwelling-2) District located at 1350 W. Lucas Drive,with the
following conditions:
1. The expansion will not require perimeter landscaping along the northern property line.
2. Along Lucas Drive and the gravel parking lot, a 6' landscaped buffer shall be installed
and in compliance with Section 28.04.006 Landscaping and screening requirements.
3. Adhere to all applicable Engineering requirements.
4. Submit an acceptable parking layout to Engineering through the proper permitting
process.
FUNDING SOURCE
Not applicable.
RECOMMENDATION
Approval of the ordinance, with the following conditions:
1. The expansion will not require perimeter landscaping along the northern property line.
2. Along Lucas Drive and the gravel parking lot, a 6' landscaped buffer shall be installed
and in compliance with Section 28.04.006 Landscaping and screening requirements.
3. Adhere to all applicable Engineering requirements.
4. Submit an acceptable parking layout to Engineering through the proper permitting
process.
LEGAL DESCRIPTION FOR ORDINANCE PURPOSES
Being Lot 4, Block 9, Calder Highlands, Beaumont, Jefferson County, Texas, containing 0.256
acres,more or less.
ORDINANCE NO.
ENTITLED AN ORDINANCE ISSUING AN AMENDED
SPECIFIC USE PERMIT TO ALLOW THE EXPANSION OF
A PARKING LOT IN THE GC-MD-2 (GENERAL
COMMERICAL- MULITPLE FAMILT DWELLING) DISTRICT
AT 1350 W. LUCAS DRIVE IN THE CITY OF BEAUMONT,
JEFFERSON COUNTY, TEXAS.
WHEREAS, John Wilson, is requesting approval of an Amended Specific Use
Permit to allow the expansion of a parking lot located at 1350 W. Lucas Drive; and,
WHEREAS, Section 28.04.006(f)(7) of the City's landscaping ordinances states,
"an increase in the size of an existing parking lot by twenty-five (25) percent in the number
of parking spaces or more shall require the entire parking lot, in addition to the twenty-
five (25) percent expansion, to be brought into compliance with this section;" and,
WHEREAS, the Planning and Zoning Commission of the City of Beaumont
considered the request and is recommending approval of an Amended Specific Use
Permit to allow the expansion of a parking lot in the GC-MD-2 (General Commercial-
Multiple Family Dwelling-2) District for property 1350 W. Lucas Drive, being Lots 4, Block
9, Calder Highlands, City of Beaumont, Jefferson County, Texas, containing 0.256 acres,
more or less, as shown on Exhibit "A," subject to the following conditions:
1. The expansion will not require perimeter landscaping along the northern
f property line; and,
2. Along Lucas Drive and the gravel parking lot, a 6' landscaped buffer shall be
installed and in compliance with Section 28.04.006 Landscaping and screening
requirements; and,
3. Adhere to all applicable Engineering requirements; and,
4. Submit an acceptable parking layout to Engineering through the proper
permitting process; and,
WHEREAS, John Wilson, is requesting approval of an Amended Specific Use
Permit to allow the expansion of a parking lot located in a GC-MD-2(Generai Commercial-
Multiple Family Dwelling-2) District for property 1350 W. Lucas Drive, being Lots 4, Block
9, Calder Highlands, City of Beaumont, Jefferson County, Texas, containing 0.256 acres,
more or less, as shown on Exhibit "A," attached hereto and made a part hereof for all
purposes; and,
WHEREAS, the City Council is of the opinion that the amendment of such Specific
Use Permit is in the best interest of the City of Beaumont and its citizens;
NOW, THEREFORE, BE IT ORDAINED BY THE
CITY OF BEAUMONT:
THAT the statements and findings set out in the preamble to this ordinance are hereby,
in all things, approved and adopted; and,
Section 1.
That the amendment of the Specific Use Permit be granted to John Wilson, their
legal representatives, successors, and assigns for that certain tract shown on Exhibit "A,"
attached hereto and made a part hereof for all purposes to allow the expansion of a
parking lot in the GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District for
property located at 1350 W. Lucas Drive, subject to the following conditions:
1. The expansion will not require perimeter landscaping along the northern
property line.
2. Along Lucas Drive and the gravel parking lot, a 6' landscaped buffer shall be
installed and in compliance with Section 28.04.006 Landscaping and screening
requirements.
3. Adhere to all applicable Engineering requirements.
4. Submit an acceptable parking layout to Engineering through the proper
permitting process.
Section 2.
That the Specific Use Permit herein granted is expressly issued for and in
accordance with each particular and detail of the site plan attached hereto as Exhibit "B,"
and made a part hereof for all purposes.
Section 3.
Notwithstanding the site plan attached hereto, the use of the property herein above
described shall be in all other respects subject to all of the applicable regulations
contained in Chapter 28 of the Code of Ordinances of Beaumont, Texas, as amended,
as well as comply with any and all federal, state and local statutes, regulations or
ordinances which may apply.
The meeting at which this ordinance was approved was in all things conducted in
strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter
551.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 25th day of
April, 2023.
• -Mayor Robin Mouton -
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PZ2023-83: Request for an Amended Specific Use Permit to expand a parking lot in the GC-MD-2 N
(General Commercial-Multiple Family Dwelling-2) District.
Applicant:John Wilson
Location: 1350 W. Lucas Drive
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Exhibit "B"
BEAUMONT
Planning &Community Dovolopmunt
Case Type:Planning and Zoning Case Status:REVIEW
Case Sub Typo:Specific Use Permit Tag Name:Amended SUP to expand J.Wilson's
Caso#:PZ2023-83 parking lot.
Location:1350 W LUCAS DR,BEAUMONT,77706 initiated On:2/1612023' 5:15:59PM
Individuals listed on the record:
Applicant
John Wilson Home Phone:
1220 Wilchester Circle Work Phone:
Beaumont,TX 77706 Cell Phone: 281-743-2320
E-Mail; jwilson®jwilsons.com
Property Owner
1334•LUCAS VENTURE L.L.C. Home Phone:
Missing Address,City,State,or Zip Code in People Work Phone:
Cell Phone:
E-Mall:
E ,
Case Type:Planning and Zoning Page 1 of 2
Case#:PZ2023-83 Printed On:3/2412 0 2 3
1t4
BEAUMONT
Planning & Community Development
Legal Description CALDER HIGHLANDS L4 B9 •
Number of Acres 0.33
Proposed Use Additional parking for JWilsons
That the specific use will be This will just be a continuation of the already existing parking lot
compatible with and not Injurious to behind JWilsons
the use and enjoyment of other
property,nor significantly diminish or
Impair property values within the
Immediate vicinity
That the establishment of the specific The property is already used as a parking lot, so it will not affect any
use will not impede the normal and surrounding property
orderly development and improvement
of surrounding vacant property;
That adequate utilities,access roads, We will not be changing or adding any utilities and we will continue to
drainage and other necessary flow the drainage to Lucas Dr.
supporting facilities have been or will
be provided
The design,location and arrangement Te parking lot will adhere to parking codes with adequate spacing for
of all driveways and parking spaces parking spots and drives. The addition of an exit will provide a better
provides for the safe and convenient traffic flow to and from Lucas.
movement of vehicular and pedestrian
traffic
That adequate nuisance prevention We wit continue the 0'privacy fence down the rest of the property
measures have been or will be taken
to prevent or control offensive odor,
fumes,dust,noise arid vibration
That directional lighting will be No additional lighting will be required for this project
provided so as not to disturb or
adversely affect neighboring
properties
That there are sufficient landscaping We will continue the 8'privacy fence but will need a waiver for the
and screening to insure harmony and landscaping ordinance. This project will require 100'in width and
compatibility with adjacent property that's what we have to provide adequate spacing for drives and
parking spots.
That the proposed use is in This will provide 25 new parking spaces as well as create a better
accordance with the Comprehensive traffic flow due to the new exit created
Plan
Notes:
•
Case Type:Planning and Zoning Page 2 of 2
Case 1/:PZ2023-03 Printed On:3/24/2023
Dear Planning Commission,
My name is John Wilson,owner of JWIlson's restaurant at 419 Gladys Avenue. I have
been In business for over seven years and have been blessed to see business continue to grow.
That being said,I am needing more space for parking my customer's and employee's. I own the
property at 1350 W,Lucas,which Is already functioning as an overflow parking lot. I'm
requesting to move the current house on the Lucas side and continue the parking lot. This will
create 25 more parking spaces and allow traffic to flow more fluidly. This will create an
entrance and an exit which currently does not exist. I'm also requesting a waiver for the 10'
landscape buffer,but will install an 8'wood fence along the property line bordering
residentially zoned area. Thank you for your time
Sincerely
John Wilson
5
April 25, 2023
Consider approving a Specific Use Permit to allow a carpentry business in the GC-MD
(General Commercial-Multiple Family Dwelling) District located at 1009 Orange Avenue.
BEAUMONT
TEXAS
TO: City Council
FROM: Kenneth R. Williams, City Manager
PREPARED BY: Chris Boone, Assistant City Manager, Community Services
MEETING DATE: April 25, 2023
REQUESTED ACTION: Council consider a request for a Specific Use Permit to
allow a carpentry business in the GC-MD (General Commercial-
Multiple Family Dwelling)District located at 1009 Orange Avenue.
BACKGROUND
Javier Ralda requests approval of a Specific Use Permit to allow a carpentry business located at
1009 Orange Avenue. The operations of the business entail manufacturing of kitchen cabinets,
bathroom vanities, bedroom closets and office cabinets. The facility will be used for carpentry
along with storing materials. The hours of operation are Monday through Friday from 9 a.m. to 5
p.m. with two (2) carpenters onsite.
The Board of Adjustment reviewed a request for a special exception to waive off-street parking
and loading requirements for the carpentry shop on April 6,2023. The Board approved the request.
This approval allows the carpentry business to move forward with three (3) parking spaces and
one ADA parking space as notated on the site plan.
At a Joint Public Hearing held on April 17, 2023,the Planning Commission recommended 6:0 to
approve the request for a Specific Use Permit to allow a carpentry business in the GC-MD
(General Commercial-Multiple Family Dwelling) District located at 1009 Orange Avenue, with
the following conditions:
1. Shall be in compliance with Section 28.04.007 Performance Standards.
2. Shall be in compliance with all applicable Building and Fire Codes.
3. Outside storage of construction materials shall not be permitted.
4. Construction plans must meet all requirements by Water Utilities for water and sanitary
sewer services, including any requirements of the City's backflow,pre-treatment and/or
FOG program.
FUNDING SOURCE
Not applicable.
RECOMMENDATION
Approval of the ordinance, with the following conditions:
1. Shall be in compliance with Section 28.04.007 Performance Standards.
2. Shall be in compliance with all applicable Building and Fire Codes.
3. Outside storage of construction materials shall not be permitted.
4. Construction plans must meet all requirements by Water Utilities for water and sanitary
sewer services, including any requirements of the City's backflow,pre-treatment and/or
FOG program.
LEGAL DESCRIPTION FOR ORDINANCE PURPOSES
Being Lot 67 and northern 45' of Lot 68, Block 6, Crary Addition, Beaumont, Jefferson County,
Texas, containing 0.327 acres, more or less.
ORDINANCE NO.
ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO
ALLOW A CARPENTRY BUSINESS IN A GC-MD (GENERAL
COMMERICAL-MULTIPLE FAMILY DWELLING) DISTRICT FOR
PROPERTY LOCATED AT 1009 ORANGE AVENUE IN THE CITY OF
BEAUMONT, JEFFERSON COUNTY, TEXAS.
WHEREAS, Javier Ralda, has applied for a specific use permit to allow a carpentry
business in a GC-MD (General Commercial- Multiple Family Dwelling) District for property
located at 1009 Orange Avenue, being Lot 67 and northern 45' of Lot 68, Block 6, Crary
Addition, Beaumont, Jefferson County, Texas, containing 0.327 acres, more or less as
shown on Exhibit "A," attached hereto; and,
WHEREAS, the Planning and Zoning Commission of the City of Beaumont
considered the request and is recommending approval of a specific use permit to allow a
carpentry business in a GC-MD (General Commercial- Multiple Family Dwelling) District
for property located at 1009 Orange Avenue, subject to the following conditions:
1. Shall be in compliance with Section 28.04.007 Performance Standards;
and,
2. Shall be in compliance with all applicable Building and Fire Codes; and,
3. Outside storage of construction materials shall not be permitted; and,
4. Construction plans must meet all requirements by Water Utilities for
water and sanitary sewer services, including any requirements of the
City's backflow, pre-treatment and/or FOG program; and,
WHEREAS, the City Council is of the opinion that the issuance of such specific
use permit to allow a carpentry business is in the best interest of the City of Beaumont
and its citizens;
NOW, THEREFORE, BE IT ORDAINED
BY THE CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the statements and findings set out in the preamble to this ordinance are
hereby, in all things, approved and adopted.
Section 1.
That a specific use permit to allow a carpentry business in a GC-MD (General
Commercial- Multiple Family Dwelling) District for property located at 1009 Orange
Avenue, being Lot 67 and northern 45' of Lot 68, Block 6, Crary Addition, Beaumont,
Jefferson County, Texas, containing 0.327 acres, more or less as shown on Exhibit"A," is
hereby granted to Javier Ralda, their legal representatives, successors, and assigns, as
shown on Exhibit"B," attached hereto and made a part hereof for all purposes, subject to
the following conditions:
1. Shall be in compliance with Section 28.04.007 Performance Standards.
2. Shall be in compliance with all applicable Building and Fire Codes.
3. Outside storage of construction materials shall not be permitted.
4. Construction plans must meet all requirements by Water Utilities for
water and sanitary sewer services, including any requirements of the
City's backflow, pre-treatment and/or FOG program.
Section 2.
That the specific use permit herein granted is expressly issued for and in
accordance with each particular and detail of the site plan attached hereto as Exhibit "B,"
and made a part hereof for all purposes.
Section 3.
Notwithstanding the site plan attached hereto, the use of the property herein above
described shall be in all other respects subject to all of the applicable regulations
contained in Chapter 28 of the Code of Ordinances of Beaumont, Texas, as amended,
as well as comply with any and all federal, state and local statutes, regulations or
ordinances which may apply.
The meeting at which this ordinance was approved was in all things conducted in
strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter
551.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 25th day of
April, 2023.
-Mayor Robin Mouton -
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PZ2023-86: Request for a Specific Use Permit to allow a carpentry business in the GC-MD N
(General Commercial—Multiple Family Dwelling) District.
Applicant:Javier Ralda
Location: 1009 Orange Avenue
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Exhibit "B"
BEAUMONT
Planning & Community Development
Case Type:Planning and Zoning Case Status: REVIEW
Case Sub Type:Specific Use Permit Tag Name: SUP for carpentry business in GC-MD
Case#: PZ2023-86 district.
Location: 1009 ORANGE AVE, BEAUMONT, 77701 Initiated On:2/21/2023 11:21:11AM
Individuals listed on the record:
Applicant
Javier Ralda Home Phone: 9794299742
9201 Oak Arbor Dr Work Phone:
Conroe,TX 77384 Cell Phone: 9794299742
E-Mail: javier@carpenwood.com
Property Owner
Victor Corrales Home Phone: 4092913149
5570 Minner dr Work Phone:
Beaumont,TX 77708 Cell Phone: 4092913149
E-Mail: corralesvictor1987@gmail.com
Case Type:Planning and Zoning Page 1 of 2
Case#:PZ2023-86 Printed On:3/27/2023
B EAU MONT
Planning & Community Development
Legal Description Lot 67, N 45'of lot 68
block 6
Crary Addition
Number of Acres 0.33
Proposed Use Carpentry Shop
That the specific use will be We are going to be building kitchen, bathrooms, office cabinets, this
compatible with and not injurious to will not create any danger or injuries to other properties.
the use and enjoyment of other
property,nor significantly diminish or
impair property values within the
immediate vicinity
That the establishment of the specific All our work will be done inside the building
use will not impede the normal and
orderly development and improvement
of surrounding vacant property;
That adequate utilities,access roads, The building and street have roads and drainage already in place
drainage and other necessary
supporting facilities have been or will
be provided
The design, location and arrangement low traffic area (almost dead end)parking is safe for other cars and
of all driveways and parking spaces pedestrians
provides for the safe and convenient
movement of vehicular and pedestrian
traffic
That adequate nuisance prevention Our work will be done inside the building and low or no noise will be
measures have been or will be taken outside the building.
to prevent or control offensive odor,
fumes,dust,noise and vibration
That directional lighting will be The current illumination(municipal)is not disturbing any neighbor
provided so as not to disturb or
adversely affect neighboring
properties
That there are sufficient landscaping The property is facing the street and has some grass and trees also
and screening to insure harmony and sidewalks
compatibility with adjacent property
That the proposed use is in We are only planning to build cabinets
accordance with the Comprehensive
Plan
Notes:
Case Type:Planning and Zoning Page 2 of 2
Case#:PZ2023-86 Printed On:3/27/2023
e
1 = Carpenwood
4.4 www.carpenwood.com
City of Beaumont
February 14, 2023
To Whom May It Concern:
We are intending to create the following items:kitchen cabinets,bathroom vanities, room closets and
office cabinets. The facilities are going to be just as a warehouse, our business does not have a
showroom,to showcase our work we will use our website www.carpenwood.com.
The intended working hours are Monday through Friday from Barn to 5 pm.
We are planning to hire 2 carpenters to help us get the work done.
Here you will have a list of all the processes that will be performed:
• Loading/unloading sheets of plywood, melamine, MDF, Formica and all other type of hard
wood required to build the cabinets.
• Loading/unloading of the finished cabinets that are going to be installed in our clients
houses/offices.
• Sawing materials to build the cabinets.
• Nailing and gluing different pieces of the cabinets to be installed.
• Sanding materials to give the desired look and readiness to be painted/stained if needed.
• The area designated to the offices is going to be used to do the administrative work.
t
4-��. Victor A Corrales Lopez Jayeer A Ralda Reyes
6
April 25, 2023
Consider approving a Specific Use Permit to allow a gaming facility in the GC-MD
(General Commercial-Multiple Family Dwelling) District located at 2560 Interstate 10
East.
BEAUMONT
TEXAS
TO: City Council
FROM: Kenneth R. Williams, City Manager
PREPARED BY: Chris Boone, Assistant City Manager, Community Services
MEETING DATE: April 25, 2023
REQUESTED ACTION: Council consider a request for a Specific Use Permit to allow a
gaming facility in the GC-MD (General Commercial-Multiple
Family Dwelling) District located at 2560 Interstate 10 East.
BACKGROUND
Fayyaz Ahmed requests approval for a Specific Use Permit to allow a gaming facility located at
2560 Interstate 10 East. Mr. Ahmed intends to install thirty (30) gaming machines with two (2)
staffed individuals and operational hours of 10 a.m. to 10 p.m., Monday through Sunday.
Security will be provided through and alarm system and cameras.
It should be noted that gaming facilities that have five or fewer machines tend to be considered
accessory in nature, when part of a primary use, and as such tend to result in fewer negative
impacts on surrounding land uses. However, larger game rooms with dozens of machines take
on the scale of a small casino and as a result, require careful consideration as to their location
and compatibility with surrounding land uses. Some of these considerations include
compatibility with other land uses, noise, and traffic as well as safety considerations. As such,
proximity to parks, schools and especially residential uses should be carefully considered in the
review of gaming facilities.
This property is in close proximity to city-owned property to the north, hotels to the west, a
church and city-owned park to the east, and two (2) high density apartments located off Sweet
Gum Lane. In regards to consideration of safety, 911 reports indicate from January 1, 2020 to
March 28, 2023,there have been two-hundred nineteen(219) calls made in relation to the suites
within the Town Center Shops Plaza.
At a Joint Public Hearing held on April 17, 2023,the Planning Commission recommended 6:0 to
deny the request for a Specific Use Permit to allow a gaming facility in the GC-MD (General
Commercial-Multiple Family Dwelling) District located at 2560 Interstate 10 East.
FUNDING SOURCE
Not applicable.
RECOMMENDATION
Denial of the ordinance.
LEGAL DESCRIPTION FOR ORDINANCE PURPOSES
Being part of Blocks 3, 4 and 5, Emma Reed Addition, Beaumont, Jefferson County, Texas,
containing 1.55 acres, more or less.
ORDINANCE NO.
ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO
ALLOW A GAMING FACILITY IN A GC-MD (GENERAL COMMERICAL-
MULTIPLE FAMILY DWELLING) DISTRICT FOR PROPERTY LOCATED
AT 2560 INTERSTATE 10 EAST IN THE CITY OF BEAUMONT,
JEFFERSON COUNTY, TEXAS.
WHEREAS, Fayyaz Ahmed, has applied for a specific use permit to allow a gaming
facility in a GC-MD (General Commercial- Multiple Family Dwelling) District for property
located at 2560 Interstate 10 East, being part of Blocks 3, 4 and 5, Emma Reed Addition,
Beaumont, Jefferson County, Texas, containing 1.55 acres, more or less as shown on
Exhibit "A," attached hereto; and,
WHEREAS, the Planning and Zoning Commission of the City of Beaumont
considered the request and is recommending denial of a specific use permit to allow
gaming facility in a GC-MD (General Commercial- Multiple Family Dwelling) District for
property located at 2560 Interstate 10 East; and,
WHEREAS, the City Council is of the opinion that the issuance of such specific
use permit to allow a gaming facility is in the best interest of the City of Beaumont and its
citizens;
NOW, THEREFORE, BE IT ORDAINED
BY THE CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the statements and findings set out in the preamble to this ordinance are
hereby, in all things, approved and adopted.
Section 1.
That a specific use permit to allow a gaming facility in a GC-MD (General
Commercial- Multiple Family Dwelling) District for property located at 2560 Interstate 10
East, being part of Blocks 3, 4 and 5, Emma Reed Addition, Beaumont, Jefferson County,
Texas, containing 1.55 acres, more or less as shown on Exhibit "A," is hereby granted to
Fayyaz Ahmed, their legal representatives, successors, and assigns, as shown on Exhibit
"B," attached hereto and made a part hereof for all purposes.
Section 2.
That the specific use permit herein granted is expressly issued for and in
accordance with each particular and detail of the site plan attached hereto as Exhibit"B,"
and made a part hereof for all purposes.
Section 3.
Notwithstanding the site plan attached hereto, the use of the property herein above
described shall be in all other respects subject to all of the applicable regulations
contained in Chapter 28 of the Code of Ordinances of Beaumont, Texas, as amended,
as well as comply with any and all federal, state and local statutes, regulations or
ordinances which may apply.
The meeting at which this ordinance was approved was in all things conducted in
strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter
551.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 25th day of
April, 2023.
-Mayor Robin Mouton -
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Applicant: Fayyaz Ahmed
Location:2560 Interstate 10 East
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Exhibit "B"
COMMUNICATIONS
Call Time Rpt # • Event ID Street Nature Addition
01/18/2020 01 20200011813 2550 IH 10 E SUSP PERSON VEH (S)WARD
01/19/2020 01 2020001439 20200012530 2550 IH 10 E CRIMINAL MISCH DIST: 78
01/19/2020 02 2020001440 20200012536 2550 IH 10 E CRIMINAL MISCH
01/19/2020 02 2020001441 20200012537 2550 IH 10 E CRIMINAL MISCH
02/04/2020 13 20200024791 2550 IH 10 E ALARM BURGLAR (S)WARD
02/04/2020 13 20200024793 2550 IH 10 E ALARM BURGLAR (S)WARD
02/09/2020 00 20200028188 2550 IH 10 E _ TRAFFIC STOP (S)WARD
02/11/2020 16 20200030008 2550 IH 10 E FLAGGED DOWN (S)WARD
02/20/2020 07 20200035696 2550 IH 10 E ALARM BURGLAR (S)WARD
02/20/2020 08 20200035741 2550 IH 10 E ALARM BURGLAR (S)WARD
03/07/2020 00 20200046860 2550 IH 10 E DIRCTPTL (S)WARD
03/07/2020 22 20200047524 2550 IH 10 E SPECIAL ATTENTI (S)WARD
03/08/2020 03 20200047623 2550 IH 10 E DISTURBANCE (S)WARD
03/08/2020 03 20200047637 2550 IH 10 E ALARM BURGLAR (S)WARD
03/13/2020 21 20200051712 2550 IH 10 E FLAGGED DOWN (S)WARD
03/14/2020 00 20200051820 2550 IH 10 E BUSINESS/BUILDI (S)WARD
03/15/2020 03 20200052588 2550 IH 10 E LOUD MUSIC (S)WARD
04/08/2020 13 20200067894 2550 IH 10 E ALARM BURGLAR (S)WARD
' 04/18/2020 21 20200073814 2550 IH 10 E DIRCTPTL
05/23/2020 22 20200096189 2550 IH 10 E ALARM BURGLAR (S)WARD
05/27/2020 12 20200098415 2550 IH 10 E ALARM BURGLAR (S)WARD
06/05/2020 09 . 20200104531 2550 IH 10 E ALARM BURGLAR (S)WARD
06/05/2020 12 20200104659 2550 IH 10 E ALARM BURGLAR (S)WARD
06/09/2020 13 20200107310 2550 IH 10 E ALARM BURGLAR (S)WARD
06/09/2020 13 20200107318 2550 IH 10 E ALARM BURGLAR (S)WARD
07/01/2020 16 20200123147 2550 IH 10 E ALARM BURGLAR (S)WARD
07/09/2020 22 2020013035 20200129381 2550 IH 10 E SUSP PERSON VEH (S)WARD
07/13/2020 12 20200131739 2550 IH 10 E ALARM BURGLAR (S)WARD
07/16/2020 10 20200133764 2550 IH 10 E ALARM BURGLAR (S)WARD
07/19/2020 15 20200135863 2550 IH 10 E ALARM BURGLAR (S)WARD
07/22/2020 18 20200138137 2550 IH 10 E ALARM BURGLAR (S)WARD
Report Generated: 03/30/2023 13:57:38 I User ID:CAROLYNI
11PSAPPIOSS/CADICADI ptlOpfion LandscapeStandard Page 1 of 4
Call Time Rpt # Event ID Street Nature Addition
07/23/2020 08 20200138476 2550 IH 10 E ALARM BURGLAR (S)WARD
07/23/2020 08 20200138481 2550 IH 10 E ALARM BURGLAR (S)WARD
07/23/2020 09 20200138511 2550 IH 10 E ALARM BURGLAR (S)WARD
07/23/2020 11 20200138557 2550 IH 10 E ALARM BURGLAR (S)WARD
07/24/2020 09 20200139225 2550 IH 10 E ALARM BURGLAR (S)WARD
07/24/2020 12 20200139331 2550 IH 10 E ALARM BURGLAR (S)WARD
07/25/2020 07 20200139927 2550 IH 10 E ALARM BURGLAR (S)WARD
08/05/2020 21 20200148108 2550 IH 10 E TRAFFIC STOP (S)WARD
11/14/2020 20 20200215815 2550 IH 10 E LOUD MUSIC (S)WARD
11/19/2020 23 20200219287 2550 IH 10 E BUSINESS/BUILDI
01/01/2021 00 20210000051 2550 IH 10 E ASSIST FIRE/EMS CHECK AL
01/29/2021 12 2021001788 20210017649 2550 IH 10 E CRIMINAL MISCH
01/31/2021 02 2021001877 20210018698 2550 IH 10 E VICTIM OF SHOOT DIST: 74
01/31/2021 02 20210018714 2550 IH 10 E ID CALL (S)WARD
02/25/2021 23 20210034658 2550 IH 10 E TRAFFIC STOP (S)WARD
03/07/2021 01 20210040342 2550 IH 10 E DISTURBANCE (S)WARD
05/08/2021 00 20210081397 2550 IH 10 E TRAFFIC STOP (S)WARD
06/19/2021 02 2021011085 20210109547 2550 IH 10 E VICTIM OF SHOOT DIST: 32
06/19/2021 02 20210109550 2550 IH 10 E ID CALL (S)WARD
07/09/2021 15 20210123950 2550 IH 10 E CASE FOLLOW UP (S)WARD
07/09/2021 15 20210123959 2550 IH 10 E CASE FOLLOW UP (S)WARD
07/30/2021 23 20210138801 2550 IH 10 E SPECIAL ATTENTI (S)WARD
09/04/2021 00 20210163398 2550 IH 10 E ASSIST OTHER DE (S)WARD
09/10/2021 02 20210167524 2550 IH 10 E DISTURBANCE CHECK AL
10/03/2021 01 2021018641 20210182714 2550 IH 10 E VICTIM OF SHOOT (S)WARD
10/03/2021 01 2'0210182723 2550 IH 10 E ID CALL (S)WARD
10/03/2021 02 2021018644 20210182750 2550 IH 10 E CRIMINAL MISCH
10/03/2021 13 2021018665 20210182954 2550 IH 10 E CRIMINAL MISCH (S)WARD
10/20/2021 23 2021019853 20210195042 2550 IH 10 E ROBBERY CHECK AL
10/24/2021 00 2021020061 20210196981 2550 IH 10 E TRAFFIC STOP (S)WARD
10/31/2021 01 20210201820 2550 IH 10 E ASSIST FIRE/EMS (S)WARD
11/05/2021 16 20210205443 2550 IH 10 E TRESPASSING (S)WARD
' 11/06/2021 01 20210205755 2550 IH 10 E SEXUAL ASSAULT CHECK AL
11/18/2021 23 20210213538 2550 IH 10 E TRAFFIC STOP (S)WARD
12/07/2021 20 20210224626 2550 IH 10 E FORGERY FRAUD (S)WARD
Page 2 of 4
Call Time Rpt # Event ID Street Nature Addition
12/26/2021 00 20210235526 2550 IH 10 E PEDESTRIAN STOP (S)WARD
12/27/2021 22 20210236560 2550 IH 10 E PARKING LOT CHE
01/02/2022 06 20220000828 2550 IH 10 E ID CALL (S)WARD
01/09/2022 06 20220005008 2550 IH 10 E DISTURBANCE CHECK AL
01/16/2022 04 20220009466 2550 IH 10 E SPECIAL ATTENTI (S)WARD
01/16/2022 04 20220009467 2550 IH 10 E CHECK WELFARE (S)WARD
01/29/2022 02 20220017513 2550 IH 10 E TRAFFIC PROBLEM CHECK AL
01/29/2022 02 20220017516 2550 IH 10 E SHOTS FIRED CHECK AL
01/29/2022 18 20220017883 2550 IH 10 E SPECIAL ATTENTI (S)WARD
02/04/2022 01 20220021678 2550 IH 10 E MISCELLANEOUS
02/05/2022 00 20220022401 2550 IH 10 E DIRCTPTL ' (S)WARD
03/19/2022 01 20220052168 2550 IH 10 E VICTIM OF SHOOT CHECK AL
03/19/2022 01 2022005015 20220052178 2550 IH 10 E ASSAULT
03/19/2022 01 2022005016 20220052184 2550 IH 10 E WEAPONS OFFENSE (S)WARD
03/19/2022 03 20220052204 2550 IH 10 E CASE FOLLOW UP (S)WARD
03/20/2022 00 20220052771 2550 IH 10 E NUISANCE CALL (S)WARD
03/21/2022 12 2022005175 20220053721 2550 IH 10 E CRIMINAL MISCH
04/14/2022 02 20220070527 2550 IH 10 E AUTO THEFT CHECK AL
04/16/2022 23 2022007284 20220072521 2550 IH 10 E TRAFFIC STOP (S)WARD
04/20/2022 01 20220074482 2550 IH 10 E TRAFFIC STOP (S)WARD
05/10/2022 00 20220089315 2550 IH 10 E DISTURBANCE CHECK AL
05/21/2022 23 20220098169 2550 IH 10 E TRAFFIC STOP (S)WARD
05/29/2022 02 20220103621 2550 IH 10 E BAR CHECK (S)WARD
05/29/2022 03 20220103645 2550 IH 10 E LOUD MUSIC (S)WARD
07/02/2022 00 20220127519 2550 IH 10 E TRESPASSING (S)WARD
07/09/2022 23 20220133250 2550 IH 10 E TRESPASSING (S)WARD
07/16/2022 22 20220137844 2550 IH 10 E TRAFFIC STOP (S)WARD
07/22/2022 22 20220141930 2550 IH 10 E TRAFFIC STOP (S)WARD
07/23/2022 02 20220142031 2550 IH 10 E WEAPONS OFFENSE (S)WARD
08/06/2022 04 2022015422 20220151601 2550 IH 10 E THEFT CHECK AL
08/07/2022 04 20220152306 2550 IH 10 E DISTURBANCE (S)WARD
08/07/2022 04 20220152314 2550 IH 10 E LOITERING (S)WARD
08/13/2022 03 20220156563 2550 IH 10 E TRAFFIC ACCIDEN CHECK AL
08/20/2022 02 2022016395 20220161684 2550 IH 10 E DISTURBANCE CHECK AL
08/21/2022 01 2022016456 20220162272 2550 IH 10 E PUBLIC INTOXICA (S)WARD
Page 3 of 4
Call Time Rpt # Event ID Street Nature Addition
08/27/2022 02 2022016898 20220166635 2550 IH 10 E SHOTS FIRED DIST: 10
08/27/2022 03 20220166640 2550 IH 10 E DISTURBANCE DIST: 83
08/29/2022 11 2022017019 20220168111 2550 IH 10 E WARRANT NOTICE DIST: 10
09/04/2022 02 20220172317 2550 IH 10 E DISTURBANCE CHECK AL
09/04/2022 04 - 20220172357 2550 IH 10 E SHOTS FIRED (S)WARD
09/24/2022 03 20220186534 2550 IH 10 E NUISANCE CALL (S)WARD
09/24/2022 03 20220186537 2550 IH 10 E DISTURBANCE (S)WARD
09/25/2022 02 2022018954 20220187139 2550 IH 10 E DISTURBANCE CHECK AL
09/30/2022 01 20220190479 2550 IH 10 E DISTURBANCE (S)WARD
10/09/2022 00 20220196737 2550 IH 10 E UNKNOWN CALL PO (S)WARD
10/09/2022 01 2022019965 20220196751 2550 IH 10 E SHOTS FIRED CHECK AL
10/09/2022 01 20220196763 2550 IH 10 E ID CALL (S)WARD
10/09/2022 01 2022019966 20220196770 2550 IH 10 E DEADLY CONDUCT
10/09/2022 01 2022019967 20220196771 2550 IH 10 E ASSAULT
10/09/2022 02 2022019969 20220196773 2550 IH 10 E ASSAULT
10/09/2022 02 2022019971 20220196779 2550 IH 10 E ASSAULT
10/09/2022 02 2022019972 20220196780 • 2550 IH 10 E ASSAULT
10/09/2022 18 2022020011 20220197156 2550 IH 10 E BURGLARY CHECK AL
10/09/2022 19 20220197178 2550 IH 10 E ID CALL (S)WARD
10/09/2022 21 20220197263 2550 IH 10 E SPECIAL ATTENTI (S)WARD
10/30/2022 03 20220211146 2550 IH 10 E DISTURBANCE CHECK AL
11/13/2022 03 20220220421 2550 IH 10 E DISTURBANCE (S)WARD
11/26/2022 00 20220228288 2550 IH 10 E TRESPASSING (S)WARD
12/04/2022 04 20220233785 2550 IH 10 E DISTURBANCE (S)WARD
12/17/2022 01 2022024691 20220242687 2550 IH 10 E THREATS (5)WARD
12/17/2022 02 20220242706 2550 IH 10 E ASSAULT CHECK AL
12/17/2022 02 2022024694 20220242713 2550 IH 10 E TRESPASSING (S)WARD
01/01/2023 05 20230000194 2550 IH 10 E SHOTS FIRED DIST: 99
01/07/2023 03 20230004365 2550 IH 10 E ASSIST PUBLIC (S)WARD
01/10/2023 11 20230006489 2550 IH 10 E CIVIL STANDBY (S)WARD
01/11/2023 10 20230007158 2550 IH 10 E CHECK WELFARE (S)WARD
02/05/2023 07 20230022633 2550 IH 10 E TRAFFIC STOP (S)WARD
02/12/2023 21 20230027530 2550 IH 10 E TRAFFIC STOP (S)WARD
Page 4 of 4
COMMUNICATIONS
List of Events (Short Format) - [No Caller]
Incident# Date/Time Street City Additional Location Info Prime Unit
Nature Priority Agcy Dist St/Bt RA Business Close
20200027938 02/08/2020 18:05:16 2560 IH 10 E BEA CHECK ALI SCREEN FOR
HANG UP 911 2 BPD Z1 1C LR1 U (N)LOCATION(S)WARD 1 CC
PEOPLE READY
20200047313 03/07/2020 18:02:56 2560 IH 10 E BEA (S)WARD 1 (N) 442
SUSP PERSON 2 BPD Z1 1C LR1 U KO
VEHICLE PEOPLE READY
20200189721 10/07/2020 10:21:51 2560 IH 10 E BEA CHECK ALI SCREEN FOR 215
CHECK WELFARE 2 BPD Z1 1C LR1 U (N CATION(S)WARD 1 RO
PEOPLE READY
20200192801 10/11/2020 14:50:24 2560 IH 10 E BEA (S)WARD 1 (N)
ALARM BURGLAR 3 BPD Z1 1C LR1 U NR
PEOPLE READY
20200194258 10/13/2020 16:54:14 2560 IH 10 E BEA (S)WARD 1 (N) 311
DISTURBANCE 2 BPD Z1 1C LR1 U GO
PEOPLE READY
20210034979 02/26/2021 13:03:43 2560 IH 10 E BEA (S)WARD 1 (N) 312
•
FLAGGED DOWN 4 BPD Z1 1C U AC
PEOPLE READY
2021004318603/11/2021 11:40:33 2560 IH 10 E BEA (S)WARD 1 (N) 215
CHECK WELFARE 2 BPD Z1 1C U GO
PEOPLE READY
2021008417705/12/2021 09:18:25 2560 IH 10 E BEA (S)WARD 1 (N) 215
DISTURBANCE 2 BPD Z1 1C U DQ
PEOPLE READY
20210150882 08/17/2021 09:11:21 2560 IH 10 E BEA (S)WARD 1 (N) 215
MISCELLANEOUS 4 BPD Z1 1C U KO
PEOPLE READY
( 20210236791 12/28/2021 10:08:41 2560 IH 10 E BEA (S)WARD 1 213
CRIMINAL MISCH 3 BPD Z1 1C U RO
PEOPLE READY
2021023679212/28/2021 10:09:16 2560 IH 10 E BEA (S)WARD 1 (N) 583
ID CALL 6 BPD Z1 1C U AC
PEOPLE READY
20220008139 01/14/2022 03:52:39 2560 IH 10 E 'BEA .(S)WARD 1 141
TRAFFIC STOP 4 BPD Z1 1C U AC
PEOPLE READY
#Events Listed: 12
Report Generated: 03/29/2023 16:05:50 I User ID:CAROLYNI
11PSAPPIOSSICADICADIrptlEvenIL/stShortFomiatNoCaller Page 1 of 1
COMMUNICATIONS
List of Events (Short Format) - [No Caller]
incident# Date/Time Street City Additional Location Info Prime Unit
Nature Priority Agcy Dist St/Bt RA Business Close
2020001770101/26/2020 02:52:37 2578 IH 10 E BEA (S)WARD 1 (N) 145
ESCORT 3 BPD Z1 1C LR1 AC
AL BASHA U
MEDITERRANEAN GRILL
20200021512 01/30/2020 23:15:36 2578 IH 10 E BEA (S)WARD 1 (N) 115
THEFT 4 BPD Z1 1C LR1 U RO
AL BASHA
MEDITERRANEAN GRILL
20200021532 01/30/2020 23:50:55 2578 IH 10 E BEA (S)WARD 1 (N) 586
•
ID CALL 6 BPD Z1 1C LR1 AC
AL BASHA U
MEDITERRANEAN GRILL
20200023491 02/02/2020 18:25:28 2578 IH 10 E BEA CHECK ALI SCREEN FOR 442
DISTURBANCE 2 BPD Z1 1C LR1 U (LOCATION(S)WARD 1 GO
AL BASHA
MEDITERRANEAN GRILL
2020002405502/03/2020 13:32:55 2578 IH 10 E BEA (S)WARD 1 (N) 581
ID CALL 6 BPD Z1 1C LR1 ACL
AL BASHA U
MEDITERRANEAN GRILL
2020003063202/12/2020 18:01:48 2578 IH 10 E BEA (S)WARD 1 (N) 441
TRAFFIC PROBLEM 3 BPD Z1 1C LR1 U AC
ALBASHA
MEDITERRANEAN GRILL
20200039933 02/26/2020 09:17:27 2578 IH 10 E BEA CHECK ALI SCREEN FOR 215
HIT AND RUN 3 BPD Z1 1C LR1 U (N CATION (S)WARD 1 RA
ACCIDENT
ALBASHA
MEDITERRANEAN GRILL
2020005170303/13/2020 21:02:58 2578 IH 10 E BEA (S)WARD 1 (N) 412
DISTURBANCE 2 BPD Z1 1C LR1 DQ
AL BASHA U
MEDITERRANEAN GRILL
20200069621 04/11/2020 13:05:08 2578 IH 10 E BEA (S)WARD 1 317
BUSINESS/BUILDING 4 BPD Z1 1C LR1 CO
CHECK AL BASHA U
MEDITERRANEAN GRILL
2020006982804/11/2020 19:57:22 2578 IH 10 E BEA 493
BUSINESS/BUILDING 4 BPD 21 1C LR1 U CO
CHECK ALBASHA
MEDITERRANEAN GRILL
2020007088204/13/2020 16:42:21 2578 IH 10 E BEA (S)WARD 1 (N) 445
CHECK WELFARE 2 BPD Z1 1C LR1 AC
AL BASHA U
MEDITERRANEAN GRILL
Report Generated:03130/2023 10:52:04 I User ID:CAROLYNI
WPSAPPIOSSICADICADIrptlEvonfLls1Shor!FormalNoCal/er Page 1 of 5
Incident# Date/Time Street City Additional Location Info Prime Unit
Nature Priority Agcy Dist St/Bt RA Business Close
20200073052 04/17/2020 16:16:20 2578 IH 10 E BEA (S)WARD 1 (N) 445
NUISANCE CALL 4 BPD Z1 1C LR1 GO
AL BASHA U
MEDITERRANEAN GRILL
2020008615105/08/2020 10:10:38 2578 IH 10 E BEA (S)WARD 1 (N) 658
TRESPASSING 3 BPD Z1 1C LR1 U AO
AL BASHA
MEDITERRANEAN GRILL
2020011735406/23/2020 10:20:36 2578 IH 10 E BEA CHECK ALI SCREEN FOR 213
TRAFFIC PROBLEM P BPD Z1 1C LR1 U LOCATION (S)WARD 1 AC
AL BASHA
MEDITERRANEAN GRILL
20200123949 07/02/2020 18:05:34 2578 IH 10 E BEA (S)WARD 1 (N) 412
TRESPASSING 3 BPD Z1 1C LR1 WI
AL BASHA U
MEDITERRANEAN GRILL
20200131195 07/12/2020 17:04:06 2578 IH 10 E BEA CHECK ALI SCREEN FOR 442
ASSIST FIRE/EMS 2 BPD Z1 1C LR1 U ()CATION (S)WARD 1 AC
AL BASHA
MEDITERRANEAN GRILL
20200140519 07/26/2020 10:01:15 2578 IH 10 E BEA (S)WARD 1 (N) 581
ID CALL 6 BPD Z1 1C LR1 ACL
AL BASHA U
MEDITERRANEAN GRILL
20200171918 09/10/2020 13:16:42 2578 IH 10 E BEA (S)WARD 1 543
CASE FOLLOW UP 4 BPD Z1 1C LR1 U AC
AL BASHA
MEDITERRANEAN GRILL
20200240691 12/23/2020 16:26:20 2578 IH 10 E BEA DIST; 10.03 FT(S)WARD 441
DISTURBANCE 2 BPD Z1 1C LR1 AL BASHA U 1 (N) AC
MEDITERRANEAN GRILL
20200240707 12/23/2020 16:48:14 2578 IH 10 E BEA (S)WARD 1 412
TRAFFIC STOP 4 BPD Z1 1C LR1 U AA
AL BASHA
MEDITERRANEAN GRILL
20200240714 12/23/2020 17:02:58 2578 IH 10 E BEA (S)WARD 1 413
CASE FOLLOW UP 4 BPD Z1 1C LR1 AC
AL BASHA U
MEDITERRANEAN GRILL
20210031151 02/20/2021 16:21:44 2578 IH 10 E BEA (S)WARD 1 (N) 442
TRAFFIC PROBLEM 3 BPD Z1 1C U GO
AL BASHA
MEDITERRANEAN GRILL
2021006810404/17/2021 20:51:26 2578 IH 10 E BEA (S)WARD 1 (N) 442
TRESPASSING 3 BPD Z1 1C U MD
AL BASHA
MEDITERRANEAN GRILL
•
List of Evonts(Short Format)-(No Caller) Page 2 of 5
Incident# Date/Time Street City Additional Location info Prime Unit
Nature Priority Agcy Dist St/Bt RA Business Close
2021007940205/05/2021 04:01:00 2578 IH 10 E BEA (S)WARD 1 (N) 143
SUSP PERSON 2 BPD Z1 1C U GO
VEHICLE AL BASHA
MEDITERRANEAN GRILL
2021008107605/07/2021 14:21:01 2578 IH 10 E BEA (S)WARD 1 (N) 312
ALARM HOLD UP P BPD Z1 1C U AU
AL BASHA
MEDITERRANEAN GRILL
2021008163605/08/2021 12:50:04 2578 IH 10 E BEA (S)WARD 1 (N) 313
ASSIST OTHER 2 BPS Z1 1C U AA
DEPARTMENT AL BASHA
MEDITERRANEAN GRILL
2021010539906/12/2021 22:26:19 2578 IH 10 E BEA DIST:74.15 ft(S)WARD 1 145
SUSP PERSON 2 BPS Z1 1C U (N) CO
VEHICLE AL BASHA
MEDITERRANEAN GRILL
2021010613606/14/2021 06:42:56 2578 IH 10 E BEA (S)WARD 1 (N) 214
CHECK WELFARE 2 BPS Z1 1C U RO
AL BASHA
MEDITERRANEAN GRILL
2021011745606/30/2021 16:43:53 2578 IH 10 E BEA (S)WARD 1 (N) 412
DISTURBANCE 2 BPS Z1 1C U DQ
AL BASHA
MEDITERRANEAN GRILL
2021014059208/02/2021 15:07:25 2578 IH 10 E BEA DIST:36.07 FT(S)WARD 311
SUSP PERSON 2 BPD Z1 1C U 1 (N) KO
VEHICLE AL BASHA
MEDITERRANEAN GRILL
2021015922108/28/2021 23:42:31 2578 IH 10 E BEA (S)WARD 1 444
TRAFFIC PROBLEM 3 BPD Z1 1C U AC
AL BASHA
MEDITERRANEAN GRILL
20210159274 08/29/2021 01:30:28 2578 IH 10 E BEA CHECK ALI SCREEN FOR 145
•
TRAFFIC PROBLEM 3 BPD Z1 1C U LOCATION (S)WARD 1 GO
(N)
AL BASHA
MEDITERRANEAN GRILL
2021016433109/05/2021 11:12:05 2578 IH 10 E BEA CHECK ALI SCREEN FOR 213
TRAFFIC ACCIDENT 3 BPD Z1 1C U LOCATION(S)WARD 1 RA
MINOR (N)
AL BASHA
MEDITERRANEAN GRILL
20210173892 09/19/2021 20:18:12 2578 IH 10 E BEA CHECK ALI SCREEN FOR 442
FORGERY FRAUD 4 BPS Z1 1C U LOCATION(S)WARD 1 RO
(N)
AL BASHA
MEDITERRANEAN GRILL
2021019358010/18/2021 20:16:15 2578 IH 10 E BEA (S)WARD 1 413
TRAFFIC STOP 4 BPD Z1 1C AL BASHA AC
MEDITERRANEAN GRILL
List of Events(Short Format)-(No Caller) Page 3 of 5
Incident# Dateffime Street City Additional Location Info Prime Unit
Nature Priority Agcy Dist StIBt RA Business Close
20210233701 12/22/2021 18:33:15 2578 IH 10 E BEA (S)WARD 1 (N) 462
SUSP PERSON 2 BPD Z1 1C AL BASHA GO
VEHICLE
MEDITERRANEAN GRILL
2021023588212/26/2021 19:08:25 2578 IH 10 E BEA CHECK ALI SCREEN FOR 415
CHECK WELFARE 2 BPD Z1 1C U (N)CATION(S)WARD 1 AC
AL BASHA
MEDITERRANEAN GRILL
20220009222 01/15/2022 19:50:03 2578 IH 10 E BEA (S)WARD 1 (N) 442
SUSP PERSON 2 BPD Z1 1C AL BASHA AC
VEHICLE
MEDITERRANEAN GRILL
20220012926 01/21/2022 18:13:24 2578 IH 10 E BEA CHECK ALI SCREEN FOR 316
SUSP PERSON 2 BPD Z1 1C U (N)CATION(S)WARD 1 GO
VEHICLE
AL BASHA
MEDITERRANEAN GRILL
20220022356 02/04/2022 23:19:38 2578 IH 10 E BEA (S)WARD 1 (N)
DISTURBANCE 2 BPD Z1 1C U DC
AL BASHA
MEDITERRANEAN GRILL
2022004835303/13/2022 20:51:34 2578 IH 10 E BEA (S)WARD 1 (N) 144
TRESPASSING 3 BPD Z1 1C U GO
AL BASHA
MEDITERRANEAN GRILL
20220099734 05/24/2022 07:41:44 2578 IH 10 E BEA (S)WARD 1 (N)
ASSAULT 3 BPD Z1 1C U DUP
AL BASHA
MEDITERRANEAN GRILL
2022010016705/24/2022 18:45:32 2578 IH 10 E BEA CHECK ALI SCREEN FOR 412
TRAFFIC ACCIDENT P BPD Z1 1C U LOCATION(S)WARD 1 GO
MINOR (N)
AL BASHA
MEDITERRANEAN GRILL
2022013334107/10/2022 02:49:54 2578 IH 10 E BEA (S)WARD 1 (N) 586
ID CALL 6 BPD Z1 1C AC
AL BASHA U
MEDITERRANEAN GRILL
2022017468409/07/2022 11:12:08 2578 IH 10 E BEA (S)WARD 1 (N) 242
HIT AND RUN 3 BPD Z1 1C AL BASHA AR
ACCIDENT
MEDITERRANEAN GRILL
2022020784410/25/2022 09:45:43 2578 IH 10 E BEA (S)WARD 1 (N)
ALARM BURGLAR 3 BPD Z1 1C U CC
20230002688 01/04/2023 18:48:47 2578 IH 10 E BEA (S)WARD 1 (N) 313
MISCELLANEOUS 4 BPD Z1 1C AO
AL BASHA U
MEDITERRANEAN GRILL
List of Evonts(Short Format)-(No Collor] Page 4 of 5
Incident# Date/Time Street City Additional Location Info Prime Unit
Nature Priority Agcy Dist St/Bt RA Business Close
2023001300901/20/2023 02:01:13 2578 IH 10 E BEA (S)WARD 1 111
SUSP PERSON 2 BPD Z1 1 C U FC
VEHICLE AL BASHA
MEDITERRANEAN GRILL
20230016950 01/26/2023 20:22:03 2578 IH 10 E BEA (S)WARD 1 441
FLAGGED DOWN 4 BPD Z1 1C KO
AL BASHA U
MFDITFRRANFAN (;RII I
#Events Listed: 49
List of Events(Short Format)-(No Caner) • Page 5 of 5
COMMUNICATIONS
List of Events (Short Format) - [No Caller]
Incident# DateITime Street City Additional Location Info Prime Unit
Nature Priority Agcy Dist StIBt RA Business Close
2023003929203/03/2023 13:21:22 2576 IH 10 E BEA (S)WARD 1 (N) 316
ALARM BURGLAR 3 BPD Z1 1C U BD
2023002104302/02/2023 17:30:14 2576 IH 10 E BEA (S)WARD 1 (N) 441
ALARM BURGLAR 3 BPD Z1 1C U BD
CLUB EXPRESSION
20210181471 10/01/2021 02:46:45 2576 IH 10 E BEA (S)WARD 1 (N) 113
ALARM BURGLAR 3 BPD Z1 1C U BD
#Events Listed: 3
Roport Generated:03/30/2023 10:58:45 I User ID:CAROLYNI
IIPSAPPIOSSICADICADIrpltEventListShortFormatNoCailer Page 1 of 1
COMMUNICATIONS
List of Events (Short Format) -[No Caller]
Incident# Date/Time Street City Additional Location Info Prime Unit
Nature Priority Agcy Dist StIBt RA Business Close
20230039292 03/03/2023 13:21:22 2570 IH 10 E BEA (S)WARD 1 (N) 316
ALARM BURGLAR 3 BPD Z1 1C U BD
20200008817 01/13/2020 22:18:01 2570 IH 10 E BEA (S)WARD 1 (N) 141
THEFT 4 BPD Z1 1C LR1 U KO
#Events Listed: 2
Report Generated: 03/30/202310:58:42 I User ID:CAROLYN1
IIPSAPPIOSSICADICADIrpflEvenlLlstShortFormafNoCaller Page 1 of 1
COMMUNICATIONS
List of Events (Short Format) - [No Caller]
Incident# Date/Time Street City Additional Location Info Prime Unit
Nature Priority Agcy Dist St/Bt RA Business Close
2020004751903/07/2020 22:43:44 2566 IH 10 E BEA (S)WARD 1 (N) 442
NUISANCE CALL 4 BPD Z1 1C LR1 U AC
KOMMERCIAL KITCHENS
2020001177201/18/202000:43:17 2566 IH 10 E BEA (S)WARD 1 (N) 145
NUISANCE CALL 4 BPD Z1 1C LR1 U GO
RIDGEWOOD CENTER
#Events Listed: 2
Report Generated:03/30/202311:04:51 I User ID:CAROLYNI
11PSAPPIOSSICAD1CADlrptlEvenIListShorIFormaINoCaller Page 1 of 1
COMMUNICATIONS
List of Events (Short Format) - [No Caller]
Incident# Date/Time Street City Additional Location Info Prime Unit
Nature Priority Agcy Dist St/Bt RA Business Close
20200120211 06/27/2020 13:39:12 2568 IH 10 E BEA (S)WARD 1 (N) 318
AUTO THEFT 4 BPD Z1 1C LR1 U NO
BARE NECESSITIES
2020017591109/16/2020 11:55:35 2568 IH 10 E BEA (S)WARD 1 (N) 923
ANIMAL TRAPPED 8 BPD Z1 1C LR1 U AC
BARE NECESSITIES
2020017596909/16/2020 13:21:01 2568 IH 10 E BEA (S)WARD 1 (N) 923
ANIMAL 9 BPD Z1 1C LR1 U AC
MISC/RECHECK BARE NECESSITIES
2020018134309/24/2020 16:31:52 2568 IH 10 E BEA (S)WARD 1 (N) 583
ID CALL 6 BPD Z1 1C LR1 U AC
BARE NECESSITIES
2020018138509/24/2020 17:47:56 2568 IH 10 E BEA (S)WARD 1 (N) 586
ID CALL 6 BPD Z1 1C LR1 U AC
BARE NECESSITIES
2020019502210/14/202019:12:58 2568 IH 10 E BEA (S)WARD 1 (N) 431
CHECK WELFARE 2 BPD Z1 1C LR1 U MD
BARE NECESSITIES
2020019563810/15/202017:07:29 2568 IH 10 E BEA (S)WARD 1 (N) 411
TRAFFIC ACCIDENT 3 BPD Z1 1C LR1 U RA
MINOR BARE NECESSITIES
2020023595812/16/2020 10:38:09 2568 IH 10 E BEA (S)WARD 1 (N) 923
ANIMAL LOOSE/STRAY 9 BPD Z1 1C LR1 U AC
BARE NECESSITIES
20210028160 02/16/2021 00:09:42 2568 IH 10 E BEA DIST:44.09 ft(S)WARD 1 141
ASSIST PUBLIC 3 BPD Z1 1C U (N) AC
BARE NECESSITIES
2021015583508/24/2021 09:14:35 2568 IH 10 E BEA CHECK ALI SCREEN FOR 242
TRAFFIC ACCIDENT 3 BPD Z1 1C U LOCATION (S)WARD 1 AR
MINOR
BARE NECESSITIES
2021018272010/03/2021 01:07:12 2568 IH 10 E BEA (S)WARD 1 (N)
ALARM BURGLAR 3 BPD Z1 1C BD
BARE NECESSITIES
2022020601510/22/2022 14:23:01 2568 IH 10 E BEA (S)WARD 1 (N) 315
CHECK WELFARE 2 BPD Z1 1C U GO
BARE NECESSITIES
2022021053210/29/2022 03:34:28 2568 IH 10 E BEA (S)WARD 1 145
ALARM BURGLAR 3 BPD Z1 1C U BD
BARE NECESSITIES
Report Generated:03/30/2023 11:39:27 I User ID:CAROLYNI
11PSAPPIOSSICADICADIrpiiEvenlUstShotiFormalNoCaler Page 1 of 2
Incident# Date/Time Street City Additional Location Info Prime Unit
Nature Priority Agcy Dist StIBt RA Business Close
2022021078810/29/2022 15:31:59 2568 IH 10 E BEA (S)WARD 1 (N) 314
CRIMINAL MISCH 3 BPD Z1 1C U RO
BARE NECESSITIES
2022021080310/29/2022 15:53:07 2568 IH 10 E BEA (S)WARD 1 (N) 584
ID CALL 6 BPD Z1 1C U AC
BARE NECESSITIES
2022023375712/04/2022 02:52:01 2568 IH 10 E BEA (S)WARD 1 (N) 463
ALARM BURGLAR 3 BPD Z1 1C U BD
BARE NECESSITIES
2022024342312/18/2022 10:04:28 2568 IH 10 E BEA (S)WARD 1 (N) 245
OVERDOSE P BPD Z1 1C U RO
BARE NECESSITIES
#Events Listed: 17
List of Evonts(Short Format)-(No Caller) Page 2 of 2
BEAUMONT
Planning & Community Development
Case 1ype:Planning and Zoning Casa Status:REVIEW
Case Sub Typo:Specific Use/Rezone Tag Name:SUP to allow a gaming facility.
Case 1/:PZ2023-130 initiated On:3/16/2023 2:13:21PM
Location:2560 IH 10 E
Individuals listed on the record:
Applicant
fayyaz aimed Home Phone:
2397 66th street Work Phone:
port arthur,tx 77640 Cell Phone: 409.963.5569
E-Mail: desaipavan2015@gmail.com
Properly Owner
clash pate) Home Phone:
Missing Address,City,State,or Zip Code In People Work Phone:
Cell Phone:
E-Mail: desalpavan2015@gmall.com
Et
Case Type:Planning and Zoning Page 1 of 2
{ Case//:P22023-130 Printed On:3/27/2023
BEAUMONT
Planning& Community Development
Legal Description REED EMMA P1'BLKS 3 4 5 1.55AC 2550-2578 INTERSTATE 10E
Number of Acres 1.55
Proposed Use gaming site with 30 machines.
That the specific use will be we will ensure that we won't allow any illegal activity in our business
compatible with and not Injurious to and nor
the use and enjoyment of other will affect any business around us I will make sure that and we are
property,nor significantly diminish or running with fully inside
impair property values within the and outside cameras.
Immediate vicinity
That the establishment of the specific we will make sure from our side that our customer will not be involved
use will not impede the normal and in any
orderly development and Improvement other property.
of surrounding vacant property;
That adequate utilities,access roads, yes there is a road to go to the utilities area,there is drainage for the
drainage and other necessary water to go
supporting facilities have been or will from it.
be provided
The design,location and arrangement there is a big parking lot.we have arrangement for our parking space
of all driveways and parking spaces for our
provides for the safe and convenient customer
movement of vehicular and pedestrian
traffic
That adequate nuisance prevention we have exhaust fan to control offensive odor and we will have all
measures have been or will be taken supplies in the
to prevent or control offensive odor, business before we start to keep it clean from outside and inside.
fumes,dust,noise and vibration
That directional lighting will be we are only using common lights which won't affect anyone outside.
provided so as not to disturb or
adversely affect neighboring
properties
• That there are sufficient landscaping we don't landscaping department under us that department property
and screening to Insure harmony and owner will
compatibility with adjacent property take care it time by time
That the proposed use Is in all rules and regulations will be same as per business.
accordance with the Comprehensive
Plan
Notes:
Case Type:Planning and Zoning Page 2 of 2
Case it:PZ2023-130 Printed On:3/27/2023
Application ID it: P22023-130
Applicant Name: Fayyaz Ahmed
Business Name: Game Room (25521-10 Frontage Rd. Beaumont, TX 77703).
Hours of Operation: 10 A.M. to 10 P,M., Monday to Sunday.
Inventory: 30 Slots machine,
Staff: 2 people will run all day business and will Manage. (Fayyaz Ahmed &
Asutosh Jariwala).
Fridge: 2 Fridge will provide for customers for drinks in one cooler and snacks in
one cooler.
Security: we will have ADT security company will provide us alaram system for
business.
In & Out for Customers: We will provide 1 front Door for customer to go out and
in.
Cameras: We will have total of 5 cameras for all safety for customers. (inside and
outside cameras).
Facilities: We will have one Unisex Bathroom.
.
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JOB NO.17003.0377 1405 CORNERSTONE COURT BEAUMONT.TEXAS
(e09032-7236 FAx(4091632-7303 ar
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April 25, 2023
Consider approving a Specific Use Permit to allow a gaming facility in the GC-MD
(General Commercial-Multiple Family Dwelling) District located at 3010 Washington
Boulevard.
BEAUMONT
TEXAS
TO: City Council
FROM: Kenneth R. Williams, City Manager
PREPARED BY: Chris Boone, Assistant City Manager, Community Services
MEETING DATE: April 25, 2023
REQUESTED ACTION: Council consider a request for a Specific Use Permit to allow a
gaming facility in the GC-MD (General Commercial-Multiple
Family Dwelling) District located at 3010 Washington Boulevard.
BACKGROUND
Khaja Hussain and Bichly Pham request approval for a Specific Use Permit to allow a gaming
facility located at 3010 Washington Boulevard, Suite B. They intend to install fifty (50) gaming
machines with one office manager present and operational hours of 8 a.m. to 10 p.m., Monday
through Sunday. The office manager will also be the security guard and will have customers sign
in before they play on the gaming machines.
It should be noted that gaming facilities that have five or fewer machines tend to be considered
accessory in nature,when part of a primary use,and as such tend to result in fewer negative impacts
on surrounding land uses. However, larger game rooms with dozens of machines take on the scale
of a small casino and as a result,require careful consideration as to their location and compatibility
with surrounding land uses. Some of these considerations include compatibility with other land
uses, noise, and traffic as well as safety considerations. As such, proximity to parks, schools and
especially residential uses should be carefully considered in the review of gaming facilities.
This property is in close proximity with two (2) existing churches and abuts residential single
family zoned properties. Additionally,the shared parking lot has thirty-six(36)existing spaces for
the shopping plaza and the proposed gaming facility would require thirty-three (33) of those
spaces. Therefore, 92% of the parking lot may be occupied by customers for the gaming facility,
which may lead to conflict amongst tenants, per Engineering.
At a Joint Public Hearing held on April 17, 2023,the Planning Commission recommended 6:0 to
deny the request for a Specific Use Permit to allow a gaming facility in the GC-MD (General
Commercial-Multiple Family Dwelling) District located at 3010 Washington Boulveard.
FUNDING SOURCE
Not applicable.
RECOMMENDATION
Denial of the ordinance.
LEGAL DESCRIPTION FOR ORDINANCE PURPOSES
Being Tracks 1, 6, B, C, and D, Block 6, C&R A, David Brown League Survey, Beaumont,
Jefferson County, Texas, containing .815 acres,more or less.
ORDINANCE NO.
ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO
ALLOW A GAMING FACILITY IN A GC-MD (GENERAL COMMERICAL--
MULTIPLE FAMILY DWELLING) DISTRICT FOR PROPERTY LOCATED
AT 3010 WASHINGTON BOULEVARD IN THE CITY OF BEAUMONT,
JEFFERSON COUNTY, TEXAS.
WHEREAS, Khaja Hussain and Bichly Pham, have applied for a specific use
permit to allow a gaming facility in a GC-MD (General Commercial- Multiple Family
Dwelling) District for property located at 3010 Washington Boulevard, being Tract 1, 6, B,
C, and D, Block 6, C&R A, David Brown League Survey, Beaumont, Jefferson County,
Texas, containing 0.815 acres, more or less as shown on Exhibit "A," attached hereto;
and,
WHEREAS, the Planning and Zoning Commission of the City of Beaumont
considered the request and is recommending denial of a specific use permit to allow
gaming facility in a GC-MD (General Commercial- Multiple Family Dwelling) District for
property located at 3010 Washington Boulevard; and,
WHEREAS, the City Council is of the opinion that the issuance of such specific
use permit to allow a gaming facility is in the best interest of the City of Beaumont and its
citizens;
NOW, THEREFORE, BE IT ORDAINED
BY THE CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the statements and findings set out in the preamble to this ordinance are
hereby, in all things, approved and adopted.
f
Section 1.
That a specific use permit to allow a gaming facility in a GC-MD (General
Commercial- Multiple Family Dwelling) District for property located at 3010 Washington
Boulevard, being Tract 1, 6, B, C, and D, Block 6, C&R A, David Brown League Survey,
as shown on Exhibit "A," is hereby granted to Khaja Hussain and Richly Pham, their legal
representatives, successors, and assigns, as shown on Exhibit "B," attached hereto and
made a part hereof for all purposes.
Section 2.
That the specific use permit herein granted is expressly issued for and in
accordance with each particular and detail of the site plan attached hereto as Exhibit"B,"
and made a part hereof for all purposes.
Section 3.
Notwithstanding the site plan attached hereto, the use of the property herein above
described shall be in all other respects subject to all of the applicable regulations
contained in Chapter 28 of the Code of Ordinances of Beaumont, Texas, as amended,
as well as comply with any and all federal, state and local statutes, regulations or
ordinances which may apply.
The meeting at which this ordinance was approved was in all things conducted in
strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter
551.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 25th day of
April, 2023.
-Mayor Robin Mouton -
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N...) 3010 Washington Blvd. Suite
B Beaumont,TX
PZ2023-134: Request for a Specific Use Permit to allow a gaming facility in the GC-MD(General
Commercial—Multiple Family Dwelling) District. N
Applicant:Khaja Hussain and Bichly Pham
Location:3010 Washington Boulevard
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Exhibit "B"
BEAUMONT
Planning& Community Development
Case Type:Planning and Zoning Case Status:REVIEW
Case Sub Type:Specific Use Permit Tag Name:SUP to allow a gaming facility.
Case/I:PZ2023-134 Initiated On:3/22/2023 2:21:35PM
Location:3010 Washington Blvd.Suite B Beaumont,TX
Individuals listed on the record:
Applicant
Khaja Husslan&Bichly Pham l-lome Phone:
3831 7th Street Work Phone:
Port Arthur,TX 77642 Cell Phone: 409-225-0673
E-Mail: kkandukuru.ind@gmall.com
Property Owner
MAZA INVESTMENTS Home Phone:
PO BOX 283 Work Phone:
BEAUMONT,TX 77704 Cell Phone:
E-Mail:
•
Case Type:Planning and Zoning Page 1 of 2
Case/1:PZ2023-134 Printed On:3/30/2023
BEAUMONT
Planning& Community Development
Legal Description Magic Touch Gameroom
Number of Acres 0.82
Proposed Use Gameroom
That the specific use will be Our goal to develop a good rapport with the public,city codes and
compatible with and not injurious to regulations to not have a big impact to property values.
the use and enjoyment of other
property,nor significantly diminish or
impair property values within the
immediate vicinity
That the establishment of the specific We will not impede of any development in surrounding area. The
use will not impede the normal and hour of operation Is from 8:00Am to 10:00 pm.
orderly development and improvement
of surrounding vacant property;
That adequate utilities,access roads, There are existing water&sewer to the building and effect to
drainage and other necessary drainage
supporting facilities have been or will
be provided
The design,location and arrangement There are existing parking lots with handicap accessible to building.
of all driveways and parking spaces
provides for the safe and convenient
movement of vehicular and pedestrian
traffic
That adequate nuisance prevention There will be no nuisance,no odor,no smoking and no dust or any
measures have been or will be taken vibration.There will be manger onsite from 8 to 10 pm to monitor all
to prevent or control offensive odor, activities.
fumes,dust,noise and vibration
1
That directional lighting will be Using existing lighting within the building interior.The exterior lighting
provided so as not to disturb or are existing.
adversely affect neighboring
properties
That there are sufficient landscaping The existing building has the existing landscaping.
and screening to insure harmony and
compatibility with adjacent property
That the proposed use Is in We wit comply with the City of Beaumont's code of ordinance for
accordance with the Comprehensive game room.
Plan
Notes:
Case Type:Planning and Zoning Page 2 of 2
Case#:PZ2023-134 Printed On:3130/2023
•
Magic Touch Game room
3010 Washington Blvd.Suite B Beaumont,TX 77705
March 22,2023
Thank you for all the board member considering approval of our game room In existing retail build.Our
goal is to have a safe and friendly game room and in compliance with the City of Beaumont,ordinance,
and all rules®ulations.
Our operations are from 8 AM to 10 PM Monday through Sunday.The manager of operation(security
officer)will be monitoring the entire activities to insure there no issues with player or machine. The
customer signing sheet Is provided upon their entry.Customer can pick any machine to start to play.
There is also coffee and soda as complementary to serve.There two restrooms provided in the rear of
the room.
When operation Is closed,start cleaning all seats and disinfect all machines as a routing operation.
The winning customers will be presented with novelty instead of cash.We have no membership;doors
open to all.
Sincerely,
M%,gram,Applicants
8
April 25, 2023
Consider approving a request to abandon a portion of the Carpenter Road right-of-way.
BEAUMONT
TEXAS
TO: City Council
FROM: Kenneth R. Williams, City Manager
PREPARED BY: Chris Boone, Assistant City Manager, Community Services
MEETING DATE: April 25, 2023
REQUESTED ACTION: Council consider a request to abandon a portion of the Carpenter Road
right-of-way.
BACKGROUND
Chris Phillips is requesting to abandon of a portion of Carpenter Road located between Oak
Ridge Street and Broussard Road. Approval of this request will allow Mr. Phillips to care for the
right-of-way as vegetation has taken over the pavement due to constant flooding. The City does
have a water line and street lights within the existing right-of-way and a sewer line nearby.
At a Joint Public Hearing held on April 17, 2023,the Planning Commission recommended 6:0 to
approve the request to abandon a portion of the Carpenter Road right-of-way, with the following
conditions:
1. Shall retain the existing right-of-way as an easement.
2. Any street lights within the abandonment will convert to private security lights within a
private property upon approval of the abandonment. Security lighting is optional and
therefore, billing for continued usage shall be transferred to the owner or the lights will need
to be removed.
3. No permanent structures or appurtenances shall be placed within the easement property. The
City will not be responsible for any surface restoration when water and/or sanitary sewer
repairs are necessary within the City of Beaumont water line or sanitary sewer line easement.
4. If a fence is to be installed, a minimum 6' wide gate shall be provided for city crews to
access the easement.
5. If approved, applicant shall obtain an Appraisal and Title Search for the property to be
abandoned at their expense. Appraisal and Title Search must be submitted to the Planning
Office along with proof that payment has been arranged prior to the item being placed on
City Council's agenda.
FUNDING SOURCE
Not applicable.
RECOMMENDATION
Approval of the ordinance,with the following conditions:
1. Shall retain the existing right-of-way as an easement.
2. Any street lights within the abandonment will convert to private security lights within a
private property upon approval of the abandonment. Security lighting is optional and
therefore,billing for continued usage shall be transferred to the owner or the lights will need
to be removed.
3. No permanent structures or appurtenances shall be placed within the easement property. The
City will not be responsible for any surface restoration when water and/or sanitary sewer
repairs are necessary within the City of Beaumont water line or sanitary sewer line easement.
4. If a fence is to be installed, a minimum 6' wide gate shall be provided for city crews to
access the easement.
5. If approved, applicant shall obtain an Appraisal and Title Search for the property to be
abandoned at their expense. Appraisal and Title Search must be submitted to the Planning
Office along with proof that payment has been arranged prior to the item being placed on
City Council's agenda.
ORDINANCE NO.
ENTITLED AN ORDINANCE ABANDONING A PORTION OF THE CARPENTER
ROAD RIGHT-OF-WAY LOCATED BETWEEN OAK RIDGE STREET AND
BROUSSARD ROAD, CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS.
WHEREAS, Chris Phillips is requesting to abandon a portion of Carpenter Road
located between Oak Ridge Street and Broussard Road to allow for the care of the right-
of-way as vegetation has taken over the pavement due to constant flooding; and,
WHEREAS, the City Council has considered the purpose of said abandonment
and is of the opinion it is in the best interest of the City and should be granted subject to
the following conditions:
1. Shall retain the existing right-of-way as an easement; and,
2. Any street lights within the abandonment will convert to private security lights
within a private property upon approval of the abandonment. Security lighting
is optional and therefore, billing for continued usage shall be transferred to the
owner or the lights will need to be removed; and,
3. No permanent structures or appurtenances shall be placed within the easement
property. The City will not be responsible for any surface restoration when
water and/or sanitary sewer repairs are necessary with the City of Beaumont
water line or sanitary sewer line easement; and,
4. If a fence is to be installed, a minimum 6' wide gate shall be provided for City
crews to access the easement; and,
5. If approved, applicant shall obtain an Appraisal and Title Search for the
property to be abandoned at their expense. Appraisal and Title Search must be
submitted to the Planning Office along with proof that payment has been
arranged prior to the item being placed on City Council's agenda; and,
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 the abandonment of Carpenter Road located between Oak Ridge Street and
Broussard Road, City of Beaumont, Jefferson County, Texas, for care of the right-of-way
is of the opinion and is in the.best interest of the City and should be granted subject to
the following conditions:
1. Shall retain the existing right-of-way as an easement.
2. Any street lights within the abandonment will convert to private security lights
within a private property upon approval of the abandonment. Security lighting
is optional and therefore, billing for continued usage shall be transferred to the
owner or the lights will need to be removed.
3. No permanent structures or appurtenances shall be placed within the easement
property. The City will not be responsible for any surface restoration when
water and/or sanitary sewer repairs are necessary with the City of Beaumont
water line or sanitary sewer line easement.
4. If a fence is to be installed, a minimum 6' wide gate shall be provided for City
crews to access the easement.
5. If approved, applicant shall obtain an Appraisal and Title Search for the
property to be abandoned at their expense. Appraisal and Title Search must be
submitted to the Planning Office along with proof that payment has been
arranged prior to the item being placed on City Council's agenda.
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 25th day of
April, 2023.
-Mayor Robin Mouton -
LEGAL DESCRIPTION FOR ORDINANCE PURPOSES
BEING a 0.592 of an acre strip of land lying in the D. EASLEY SURVEY, Abstract Number 20 in
Jefferson County,Texas, said 0.592 of an acre being an unimproved portion of Carpenter Road (a
60 ft. wide public road right-of-way) and being more particularly described by metes and bounds
as follows:
Note: All bearings are based on the Texas Coordinate System of 1983 (NAD83), South Central
Zone.
BEGINNING at a capped iron rod ("ACCESS") found in the north right-of-way line of Carpenter
Road, for the southwest corner of a 0.258 acre tract of land described as Tract 4 in an instrument
to Paul Baer, et ux, recorded in Volume 711 on Page 86 of the Deed Records of Jefferson County,
Texas (DRJCT), the southeast corner of a 1.00 acre described in an instrument to Chris Phillips,
recorded in Clerk's File No. 2010000283 of the Official Public Records of Jefferson County, Texas
(OPRJCT), and the northeast corner of the herein described strip;
THENCE South 69°59'42" East, crossing Carpenter Road right-of-way along the east line of the
herein described strip, a distance of 61.18 feet to a capped iron rod ("ACCESS") set in the south
right-of-way line of Carpenter Road and the north line of a 2.253 acre tract of land described as
Tract 1 in that same instrument to Chris Phillips recorded in Clerk's File No. 2010000283(OPRJCT),
for the southeast corner of the herein described strip, from which a capped iron rod ("BAR LLC)
was found in the south right-of-way line of Carpenter Road,for the northeast corner of said 2.253
acre tract at North 30°20'19" East, 87.19 feet;
THENCE South 30°20'19" West, along the south right-of-way line of Carpenter Road, the north
line of said 2.253 acre tract and the south line of the herein described strip, a distance of 433,90
feet to a capped iron rod ("ACCESS")set in the south right-of-way line of Carpenter Road and the
north line of said 2.253 acre tract, for the southwest corner of the herein described strip, from
which a 3/4" pipe was found in the south right-of-way line of Carpenter Road, for the northwest
corner of said 2.253 acre tract at South 30°20'19" West, 146.56 feet;
THENCE North 70°33'16" West, crossing Carpenter Road right-of-way along the west line of the
herein described strip, a distance of 59.63 feet to a capped iron rod ("ACCESS") set in the north
} right-of-way line of Carpenter Road and the south line of a 0.359 acre tract described in an
instrument to Chris Phillips, recorded in Clerk's File No. 2010041077 (OPRJCT), for the northwest
corner of the herein described strip, from which a 1/2" iron rod was found in the north right-of-
way line of Carpenter Road, for the southwest
corner of said 0.359 acre tract at South 30°07'22" West, 35.50 feet, and from said 1/2" iron rod
a 1" pipe was found in the north right-of-way line of Carpenter Road at its intersection with
Broussard Road at South 30°07'22" West, 1,990.40 feet;
1
THENCE North 30°07'22" East,along the north right-of-way line of Carpenter Road,the south line
of said 0.359 acre tract, the south line of said 1.00 acre tract and the north line of the herein
described strip, a distance of 434.20 feet to the POINT AND PLACE OF BEGINNING, containing
0.592 of an acre of land, more or less. An exhibit showing the proposed abandonment of the
above-described strip of land accompanies this description (Access Surveyors project no.
2023035).
GENERAL INFORMATION/PUBLIC UTILITIES
APPLICANT: Chris Phillips
DOMINANT TENEMENT OWNER: City of Beaumont
LOCATION: Portion of Carpenter Road between Oak Ridge Street
and Broussard Road
EXISTING ZONING: RS (Residential Single Family Dwelling)
ABANDONMENT SIZE: "0,592 acres,more or less
EXISTING LAND USES: Vegetated right-of-way
FLOOD HAZARD ZONE: AE—Special flood hazard areas inundated by 100-year
flood, base flood elevations determined.
SURROUNDING LAND USES: SURROUNDING ZONING:
NORTH: Residential RS(Residential Single Family Dwelling)
EAST: Residential RS
SOUTH: Residential RS
WEST: Residential RS
COMPREHENSIVE PLAN: Stable Area
STREETS: Carpenter Road—Local Street with approximately 58'
right-of-way.
DRAINAGE: Open ditch
WATER: 6"water line along Carpenter Road
SANITARY SEWER SERVICE: 8"sewer line along Carpenter Road
BEAUMONT
Planning &Community Development
Case Type:Planning and Zoning Case Status:REVIEW
Case Sub 7ype:Abandonment Tag Name:Request to Purchase Abandoned Right of
Case U:PZ2023-50 Way
Location:11435 CARPENTER RC),BEAUMONT,77713 initiated On:2/60023 7:09:45AM
Individuals listed on the record:
Agent
chris phillips Home Phone: 4098933195
11435 carpenter rd Work Phone:
beaumont,TX 77713 Cell Phone:
E-Mail: phItllpsrenovatlons@yahoo.com
Applicant
chris phillips Home Phone: 4098933195
11435 carpenter rd Work Phone:
beaumont,TX 77713 Cell Phone: 4098933195
E-Mail: philllpsrenovalions@yahoo.com
Property Owner
chris phillips Home Phone: 4098933195
11435 carpenter rd Work Phone:
beaumont,TX 77713 Cell Phone:
E-Mail: phillipsrenovations@yahoo.com
Flood Zones Flood Zone AE
Construction Typo
Occupancy'Fos
Fire District
Notes:
•
Case type:Planning and Zoning Page 1 of I
Case 0:PZ2023-50 Printed On:316/2023
0
Hello,
My name is Chris Phillips I am a life long resident of Beaumont
I am wanting to purchase the abandoned right of way on
Carpenter Rd in Beaumont, Tx 77713, I have owned the
surrounding tracts of land since 1999. To my knowledge the
right of way of interest is a washed-out portion of Carpenter
Rd. that hasn't been a usable roadway since the early 1980s. It
sets very close to Pine Island bayou and regularly goes under
water. According to neighbors that have lived in this area at the
time, they informed me that the city road crews would repair
the roadway after floods but eventually stopped do to constant
flooding. Since then nature has reclaimed it. There is no visible
evidence of a road left, it goes down into a very low swampy
area. I believe that being able to purchase it would benefit both
me and the city of Beaumont I would assume it would be added
to the tax roll and land taxes then be collected If any additional
information is needed please contact me
Thank you for your time
Chris Phillips
11435 Carpenter rd
Beaumont, Tx 77713
409-893-3195
EXHIBIT OF THE PROPOSED ABANDONMENT OF
A PORTION OF CARPENTER ROAD rob oD
Located In Beaumont,Jefferson County, Texas
and being out of the D. Easley Survey, Abstract No. 20 Ac 1 �44
/ ts-
Paul Boor, et ux �qti`oo Fe�NV
moll' 0.258 acre ,9. Q
corm V OPRJCTB6 �Q0 c,�i
µatdln ai� rD' K.�^'
Pine 19 courn • oB , G
eteon ,%,,,,��.,,.t, p ss9s.
loll Chris Phillips , p 4 6794?F:'
called 1.00 acre ` , S � 7B,
(Tract 4) • ‘‘.‘• . 60.1
• CF#2010000203 .'�. • ., ' •' •
OPRJCT
+.. EtaIid. .; .�;' : ' 0.592 Ac.
`;;i `•'' \\\ .+' Corppenter Road R.O.i'/.
• • ,„_�\, `:�.• to ba abandoned
(unimproved 60 ft
•‘' ' ' `` wide public road
+ \. "�:y°7 right-of-way)
;N. ' . •
SCALE: 1" = 70' `: •• :•.'4 b`4'J
5) .
rye
b
e—
Chris Phillips . '• oNE"- E Chris Phillips
Called 0.359 ac. Called 2.253 acre
CFI 2010041077 ' (Tract 1)
OPRJCT CFI 2010000283
OPRJCT
68.7
7 ,''yy0•.9 e
'QOa
ci
. ") V. . d O'tef Cy
Alan Mehravaran J� •, : •Q8 4,. eryOgc{Y 0 .. Sot opped Iron Rod,
Called 0.7494 ac. 4, • • :, ok• stomped 'ACCESS SURVEYORS",
CF# 2019003204 p• `�' • o` 3o or as noted
OPRJCT o,°j Qk ' Q. `V
N•. �` �. a =Additional Monuments Found
(not specified)
ge o�oony �0'�. 'e 0= Utility Polo
C'o Bry 4``p� �'0 b ,*0,4. —alE—.. Overhead Utilities
•
6I/7ar SBo° �Q te 'co
o A�
e
Surveyor's Notes:
(1) All bearings aro grid, based on the Texas Coordinate System of 1983 (NA083), South Central Zone.
1 (2)A field note description for the 0.593 acre right-of-way abandonment accompanies this plat. •
EXHIBIT PREPARED FOR: The City of Beaumont
I, Scott N. Brackin, Texas Registered Professional Land Surveyor No. 6650, do hereby certify that I have made a
survey on the ground of the property shown hereon, and that the survey Is true and correct to the best of my
knowledge and belief. Survey Dated: 01/24/2023.
N 4CC85
. • .
. off ,
r OfQt`a, RF Sr 4
�v o
Surveyors, LW SCOTr N BRACKIN ,
Commercial-Industrial-Resldenrlal 1'•"' r
\.o 6650 .�
11025 Old Volk Road - Beaumont, Texas 77713 !ti9a ' Q r •)6-1
Telephone (409) 838-6322 Facsimile 836-6122 .1, SU v�..O r
www.occoss-surveyors.com $ rpls5i630aoi.com .. �' Scott N. 8rackin
n•.:20230s1-75 rl:m Mo. 10138400 T.ehnkfun:IRS' EXHIBIT"A" Professional Land Surveyor No. 6650
. .
ccessCommercial.Residential.Industrial
Surveyors, LI Finn No, 10136400
January 24,2023
FIELD NOTE DESCRIPTION
0.592 Ac.of Carpenter Road Right-of-Way
In the D.EASLEY SURVEY,Abstract No.20,
City of Beaumont,Jefferson County,Texas
BEING a 0.592 of an acre strip of land lying in the D.EASLEY SURVEY,Abstract Number 20 in Jefferson
County,Texas,said 0.592 of an acre being an unimproved portion of Carpenter Road(a 60 ft.wide public
road right-of-way)and being more particularly described by metes and bounds as follows:
Note:All bearings are based on the Texas Coordinate System of 1983(NAD83),South Central Zone.
BEGINNING at a capped iron rod("ACCESS")found in the north right-of-way line of Carpenter Road,
for the southwest corner of a 0.258 acre tract of land described as Tract 4 in an instrument to Paul Baer,et
ux,recorded in Volume 711 on Page 86 of the Deed Records of Jefferson County,Texas(DRJCT),the
southeast corner of a L00 acre described in an instrument to Chris Phillips,recorded in Clerk's File No.
2010000283 of the Official Public Records of Jefferson County,Texas(OPRJCT),and the northeast corner
of the herein described strip;
THENCE South 69°59'42"East,crossing Carpenter Road right-of-way along the east line of the herein
described strip,a distance of 61.18 feet to a capped iron rod("ACCESS")set in the south right-of-way line
of Carpenter Road and the north line of a 2.253 acre tract of land described as Tract 1 in that same instrument
to Chris Phillips recorded in Clerk's File No.2010000283(OPRJCT),for the southeast corner of the herein
described strip, from which a capped iron rod("BAR LLC) was found in the south right-of-way line of
Carpenter Road,for the northeast corner of said 2.253 acre tract at North 30°20'19"East,87.19 feet;
THENCE South 30°20'19"West,along the south right-of-way line of Carpenter Road,the north line of
said 2.253 acre tract and the south line of the herein described strip,a distance of 433.90 feet to a capped
iron rod("ACCESS")set in the south right-of-way line of Carpenter Road and the north line of said 2.253
acre tract,for the southwest corner of the herein described strip,from which a 3/4"pipe was found in the
south right-of-way line of Carpenter Road, for the northwest corner of said 2.253 acre tract at South
30°20'19"West, 146.56 feet;
THENCE North 70°33'16"West,crossing Carpenter Road right-of-way along the west line of the herein
described strip,a distance of 59.63 feet to a capped iron rod("ACCESS")set in the north right-of-way line
of Carpenter Road and the south line of a 0.359 acre tract described in an instrument to Chris Phillips,
recorded in Clerk's File No.2010041077(OPRJCT),for the northwest corner of the herein described strip,
from which a 1/2"iron rod was found in the north right-of-way line of Carpenter Road,for the southwest
corner of said 0.359 acre tract at South 30°07'22"West,35.50 feet,and from said 1/2"iron rod a 1"pipe
was found in the north right-of-way line of Carpenter Road at its intersection with Broussard Road at South
30°07'22"West, 1,990.40 feet;
THENCE North 30°07'22"East,along the north right-of-way 1in6 of Carpenter Road,the south line of said
0.359 acre tract, the south line of said 1.00 acre tract and the north line of the herein described strip, a
distance of434.20 feet to the POINT AND PLACE OF BEGINNING,containing 0.592 of an acre of land,
more or less. An exhibit showing the proposed abandonment of the above-described strip of land
accompanies this description(Access Surveyors project no.2023035).
Page 1 of 1
11025 Old Voth Road,Beaumont,Texas 77713 Office:(409)838-6322 Fax:(409)838-6122
Email:rpls5163@aol.com Web:www.access-surveyois.com Fite:2023035 Carpenter Road Description
Exhibit(01-24-23).Docx
APPLICATION FOR PUBLIC RIGHT-OF-WAY,ALLEY OR UTILITY EASEMENT ABANDONMENT
Application Ownership List
Date: a j b//-
We,the undersigned,being the sole owners of all the property abutting the proposed abandonment
of Form ar+ 4� 6Ca (). 'S 'ws•,+� l� 7 `77/
,hereby respectfully petition
that the right-of-way,alley,or utility easement be closed and abandoned.
OWNER and ADDRESS Lot Block Addition
CA— (tract) (tax plat) (survey)
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C4�•s rti•'11,11S //'kc- CGr/.mecO. 177-e.
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NOTE:Please print or type your name and then use signature. Separate sheets may be used.
PZ2023-50: Request to abandon a portion of the Carpenter Road right-of-way. N
Applicant: Chris Phillips
Location: Portion of Carpenter Road between Oak Ridge Street and Broussard Road.
0 100200
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