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HomeMy WebLinkAboutRES 99-047 RESOLUTION NO. 9/—`17 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: WHEREAS, the heirs of H. A. Perlstein have agreed to donate Thirty-Thousand ($30,000.00) Dollars to the City of Beaumont for the new neighborhood park to be located in the Amelia-Gulf Terrace Addition as shown on Exhibit "A" to be named Perlstein Park; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City hereby accepts the sum of Thirty-Thousand ($30,000.00) Dollars from the heirs of H. A. Perlstein and hereby names the new neighborhood park to be located in the Amelia-Gulf Terrace Addition as shown on Exhibit "A" "Perlstein Park". The City hereby agrees to the proposal set out in the letter dated August 20, 1998 from John F. Simon and attached hereto as Exhibit "B". PASSED BY THE CITY COUNCIL of the City of Beaumont this the / of 1999. -May r- �/ � SUBjc-C ' w art PROPOSED CAN PARK SITE R a „``E i ACQUISITION GULF BUILDING AND LOAN MGA,4 r � AMELIA m GULF TERRACE SUBDIVISION r O M01A 2 LAY sLAnec `> Z ! LOCATION MAP C11�LLGC1.a N. T. S. Chevron Pipeline Company Gulf Building and Loan Z• STEDMAN N. T. S. p LZ W• ' w g . . �.. w. U w . . J . EXHIBIT "A" 4803 Wellington Blvd. Alexandria, LA 71303 August 20, 1998 Mr. Ray A. Riley, City Manager City Of Beaumont 801 Main St., Suite 300 Beaumont, Texas Re: Proposed new Perlstein Park Dear Mr. Riley: In accordance with the suggestion you made at our meeting in Beaumont on August 6, 1 am submitting herewith a proposal on behalf of my cousins Charles H. Weinbaum, Jr. and Muriel Selber Phillips, my sister, Betty Simon Goldstein and her four children, and myself and my three children, all of whom were recipients or beneficiaries of the proceeds that resulted from the recent settlement of the litigation concerning the City's using a part of Perlstein Park for a street. As Charlie and I stated at our meeting, the above mentioned descendants of H.A. Perlstein would like to have another Perlstein Park in Beaumont and to be assured that there would always be a Perlstein Park there, and that it would serve as a fitting memorial to him. We had put together a total of $30,000.00 out of the proceeds realized from the litigation with the idea of buying a tract of land in a residential neighborhood for that amount and dedicating that tract as a park if the City would accept such a dedication, name the park Perlstein Park and agree to equip and maintain the property as a park. When we presented that idea to you, asking if you knew of any property that might be suitable for such a park and available for sale, you stated that the City would not want to accept the dedication of another park because of the possibility of future litigation over reversion if the the park property was used for another purpose. However, you advised that the City had recently paid $30,900.00 for property in the Ameiia-Guff Terrace subdivision of Beaumont that is to be used for a park, and is acquiring a bit more land to square up the park, and that you believed that the City Council would vote to name that park Perlstein Park in consideration of our donating our $30,000.00 to Beaumont Park funds, and would also agree that d the City ever used the property for a purpose other than a park, that it would establish another comparable park named Perlstein Park. I have now been able to poll all of the above mentioned family members, and they have agreed that I may submit the following proposal to the City of Beaumont: In consideration of the City of Beaumont completing the establishment and construction of a park in the Amelia-Gulf Terrace Subdivision, as shown on the attached plat, to include the planting of trees and equipping the park with playground equipment, basketball goals, picnic tables, a pavillion and other items generally I - RE tip AUG CITY 0. 13 1"'V,' - EXHIBIT "B" rv�r T placed in Beaumont parks, and the naming of such park Perlstein Park, Charles H. Weinbaum, Jr., Muriel S. Phillips, Betty S, Goldstein and her four children and John F. Simon and his three children, upon completion of so naming and equipping of such park, will donate to the Beaumont Department of Parks and Recreation the sum of $30,000.00 in cash, conditioned upon the agreement of the City of Beaumont that this park (or any replacement park) and its equipment shall always be adequately maintained, and that if 1/4 or more of this park, or any park that replaces this park, is ever used for any purpose other than for park and playground purposes, or this park or any replacment park ever ceases to be named Perlstein Park, the City will establish another park named Perlstein Park that is comparable in size and facilities elsewhere in the City where a park is needed, and if such comparable park is not completed within a year after the use of the prior park for other than park and playground purposes has begun, or within a year after such name change, or if any such park and its equipment is not adequately maintained, then any descendant or descendants of H.A. Perlstein may file a lawsuit against the City of Beaumont, Texas, for specific performance of any condition of this agreement that has not been complied with, in any court of proper jurisdiction and venue. I would appreciate it if you would present the foregoing prosposal to the City Council for it's consideration and let me know if it is accepted. If you believe that any part of the proposal might not be acceptable to the council as written, please give me a call at (318) 442-0075 to discuss your concerns. I will be away from Alexandria from August 27 to September 22, 1998, so if I do not hear from you before August 27, 1 will get back in touch with you right after I return. I enjoyed my meeting with you, and I appreciate your courtesy and your kind assistance to Charlie and me in proposing ways for us to implement our wishes for having a Perlstein Park in the City of Beaumont in perpetuity. Our grandfather devoted a great part of his life to the development and welfare of the City, and we hope that the City Council agrees with you that always having a park named for him in the city is a meritorious idea. Sincerely, r cc: Charles H. Weinbaum, Jr. n F. Simon Muriel S. Phillips Betty S. Goldstein Helen Goldstein Jennifer G. Flanagan Amy G. Stusek Eric Goldstein Julie D. Simon John F. Simon, Jr. Richard L. Simon