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HomeMy WebLinkAboutPACKET OCT 02 2001 A IL City y o f Beaumont REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS OCTOBER 2, 2001 1:30 P.M. AGENDA OPENING • Invocation Pledge Roll Call • Presentations and Recognition • Public Comment: Persons may speak on scheduled agenda items 8-10 • Consent Agenda GENERAL BUSINESS 1. Consider a request for a zone change from RS (Residential Single Family Dwelling) to NC (Neighborhood Commercial) District for the property at 695 Todd Avenue 2. Consider a request for a zone change from PUD (Planned Unit Development) to A-R (Agricultural-Residential) for a 31.252 acre tract out of the D. Easley League located one mile north of State Highway 105 and south of the Lower Neches Valley Authority(L.N.V.A.) Canal 3. Consider a request for a specific use permit to allow the expansion of the Magnolia Cemetery(South Addition) onto property zoned RM-H (Residential Multiple Family Dwelling-Highest Density) and LI(Light Industrial) District for property south of Elm Avenue between Pine Street and Texas Avenue 4. Consider a request for a zone change from GC-MD (General Commercial-Multiple Family Dwelling) to RTM-H (Residential Multiple Family Dwelling-Highest Density) District for a 1.945 acre tract located in the 7500 block of Brooks Road 5. Consider a request for a specific use permit to convert a residential care facility into a three-unit apartment in an RCR (Residential Conservation and Revitalization) District for the property at 2390 Broadway 6. Consider a request for a specific use permit to allow private swimming lessons in an RS (Residential Single Family Dwelling) District at 2608 Hazel 7. Consider a request to extend a specific use permit time limit 12 months to October 5, 2002 for the property at 1955 Dowlen Road 8. Consider an amendment to Sections 28-5 and 28-6 of the Code of Ordinances increasing regular and special transit fares effective November 1, 2001 9. Consider a request to abandon the most northerly 295 feet of Grove Street 10. Consider approving an ordinance providing for Trial In Defendant's Absence On Defendant's Violation Of Promise To Appear, to be numbered Chapter 8, Section 8-1 COMMENTS • Councilmembers comment on various matters • City Manager's Report - Fire Department Flags Remain At Half-Staff, Sabine Neches Waterway, CAFR Award, TexShare Program, World Trade Center Disaster Memorial and Southeast Texas Arts Council • Public Comment (Persons are limited to 3 minutes) EXECUTIVE SESSION * Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code: Sandra Pope v. Leslie Carmen Apple Janice Haynes v. City of Beaumont, et al Claim of Atrue Jackson Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact Kyle Hayes at 880-3716 a day prior to the meeting. 1 Council consider a request for a zone change from RS (Residential Single Family Dwelling) to NC (Neighborhood Commercial) District for the property at 695 Todd Avenue MAW City of Beaumont Council Agenda Item TO: City Council FROM: Stephen J. Bonczek, City Manager PREPARED BY: Stephen C. Richardson, Planning Manager MEETING DATE: October 2, 2001 AGENDA MEMO DATE: September 18, 2001 REQUESTED ACTION: Council consider a request for a zone change from RS (Residential Single Family Dwelling) to NC (Neighborhood Commercial)District for the property at 695 Todd Avenue. RECOMMENDATION The Administration recommends denial of the zone change from RS (Residential Single Family Dwelling)to NC (Neighborhood Commercial)District for the property at 695 Todd Avenue. This is an example of"spot" zoning. A change to NC or other commercial district would create a commercial island surrounded by a single family zoned and developed neighborhood. BACKGROUND Mrs. Douglas owns three lots at Todd and Doty in far west Beaumont. This area was annexed into the City in 1957 and zoned for single family uses in 1964. The Gulf Terrace Addition was slow to develop, but this subdivision is now a residential neighborhood. The applicant wants to open a two-chair beauty shop in her house. BUDGETARYIMPACT None. PREVIOUS ACTION At a joint Public Hearing with City Council held September 17, 2001, the Planning Commission voted 5-0 to deny a zone change from RS (Residential Single Family Dwelling) to NC (Neighborhood Commercial) District for the property at 695 Todd Avenue. SUBSEQUENT ACTION None. RECOMMENDED BY Planning Commission,City Manager,Executive Assistant to City Manager/Economic Development Director and the Planning Manager. RECOMMENDED MOTION Approve/Deny a request for a zone change from RS (Residential Single Family Dwelling) to NC (Neighborhood Commercial) District for the property at 695 Todd Avenue. ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING CHAPTER 30 OF THE CODE OF ORDINANCES OF BEAUMONT,TEXAS,AND IN PARTICULAR THE BOUNDARIES OF THE ZONING DISTRICTS, AS INDICATED UPON THE ZONING MAP OF BEAUMONT, TEXAS, BY CHANGING THE ZONING OF PROPERTY PRESENTLY ZONED RS (RESIDENTIAL SINGLE FAMILY DWELLING) DISTRICT TO NC (NEIGHBORHOOD COMMERCIAL) DISTRICT FOR PROPERTY LOCATED AT 695 TODD AVENUE, BEAUMONT, JEFFERSON COUNTY, TEXAS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That Chapter 30 of the Code of Ordinances of Beaumont, Texas, and in particular the boundaries of the zoning districts, as indicated upon the Zoning Map of the City of Beaumont, referred to in Section 30-56 thereof, is hereby amended by changing the zoning of property presently zoned as RS (Residential Single Family Dwelling) District to NC (Neighborhood Commercial) District for property located at 695 Todd Avenue, being Lots 8, 9, and 10, Block 27, Gulf Terrace Addition, Beaumont, Jefferson County, Texas, containing 1.09 acres, more or less, as described on Exhibit "A", and the official zoning map of the City of Beaumont,is hereby amended to reflect such changes. Section 2. That, in all other respects, the use of the property hereinabove described shall be subject to all of the applicable regulations contained in Chapter 30 of the Code of Ordinances of Beaumont, Texas, as amended. Section 3. That if any section, subsection, sentence, clause or phrase of this ordinance, or the application of same to a particular set of persons or circumstances, should for any reason be held to be invalid, such invalidity shall not affect the remaining portions of this ordinance, and to such end, the various portions and provisions of this ordinance are declared to be severable. Section 4. That all ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only. Section 5. That any person who violates any provision of this ordinance shall, upon conviction, be punished, as provided in Section 1-8 of the Code of Ordinances of Beaumont, Texas. PASSED BY THE CITY COUNCIL of the City of Beaumont on this the 2nd of October, 2001. - Mayor - FILE 1582-Z:Request for it zone change from RS (Residential Single Family Dwelling) NORTH to NC (Neighborhood Commercial) District. - Location: 695 Todd Avenue at Doty. Applicant: Cynthia Douglas SCALE V-2oo' 2 IC W n t N • � J � H a W Q - < t W ' • • W I fo Z c I O t p I $ !s 9 D p • Ida zu - f Y . 11 CD • _ GROSS - L` -fly - GROSS ST. MUNICIPLE AIRPORT V M ° •SAW f At LM-� e v NAM Ir o no r A PI E -•���a so 9;�OD MAPES ST. MI /00 sC • 39 Fo * 3s ' 0 s ap 'A G 4M rp jP R A, CJ- t Z TLAAWS I I . X42/ r Q 7�j LANDIS OR. IlO.3 IMO so s� .�. •. •� w •o f -� AM Lei I F I EXHIBIT "A" HWY.90-COLLEGE- r 2 Council consider a request for a zone change from PUD (Planned Unit Development)to A-R (Agricultural-Residential) for a 31.252 acre tract out of the D. Easley League located one mile north of State Highway 105 and south of the Lower Neches Valley Authority (L.N.V.A.) Canal City o f Beaumont Council Agenda Item TO: City Council FROM: Stephen J. Bonczek, City Manager PREPARED BY: Stephen C. Richardson, Planning Manager MEETING DATE: October 2, 2001 AGENDA MEMO DATE: September 18, 2001 REQUESTED ACTION: Council consider a request for a zone change from PUD(Planned Unit Development)to A-R(Agricultural-Residential)for a 31.252 acre tract out of the D. Easley League located one mile north of State Highway 105 and south of the Lower Neches Valley Authority (L. N. V. A.) Canal. The property fronts on Keith Road. RECOMMENDATION The Administration recommends approval of the zone change from PUD (Planned Unit Development)to A-R(Agricultural-Residential)District for a 31.252 acre tract out of the D.Easley League located one mile north of State Highway 105 and south of the Lower Neches Valley Authority(L.N.V.A.)Canal. The property fronts on Keith Road. This request is in compliance with the Comprehensive Plan. BACKGROUND Thomas Sibley,Attorney-at-Law,is representing the owner of the 31.2518 acres,purchased as Tract 61-U, Tax Plat RS-5, D. Easley League, by Herschel Hobson, Attorney-at-Law. Tract 61-U was purchased from the heirs of the J. W. "Johnny" Walker Estate. Mr. Hobson had planned to build a home on the land,but later decided to build in Tyler County. He has a new buyer that wants to build a home and raise horses for his children to ride. The existing PUD zoning does not allow livestock as a permitted use. The property was annexed into the City in 1957 and zoned RS(Residential Single Family Dwelling) (R-I) in 1964. It is located in the northwest corner of the City. In 1982, Mr. Walker submitted a plan for a planned unit development composed of mixed land uses on a 172 acre tract fronting on N. Major Drive. He also received a specific use permit for a Type`B"Trailer Park,being a mobile home (platted) subdivision on 21.85 acres. The PUD never developed after the mobile home subdivision was built. The subject 31 acres of the most westerly part of the original 172 acres was rezoned to PUD in 1982. It is carried by the tax office as a separate tract. The property backs up to the Lower Neches Valley Authority (L.N.V.A.) Canal and the only access is from the most northern segment of Keith Road, Beaumont's west corporate limits. All of the surrounding land is underdeveloped and is pasturage or fallow fields. BUDGETARYIMPACT None. PREVIOUS ACTION At a joint Public Hearing with City Council held September 17, 2001, the Planning Commission voted 5-0 to approve the zone change from PUD(Planned Unit Development)to A-R(Agricultural- Residential) for a 31.252 acre tract out of the D. Easley League located one mile north of State Highway 105 and south of the Lower Neches Valley Authority (L.N.V.A.) Canal. SUBSEQUENT ACTION None. RECOMMENDED BY Planning Commission,City Manager,Executive Assistant to City Manager/Economic Development Director and the Planning Manager. RECOMMENDED MOTION Approve/Deny a request for a zone change from PUD (Planned Unit Development) to A-R (Agri cultural-Residential)for a 31.252 acre tract out of the D.Easley League located one mile north of State Highway 105 and south of the Lower Neches Valley Authority(L.N.V.A.) Canal. ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING CHAPTER 30 OF THE CODE OF ORDINANCES OF BEAUMONT, TEXAS, AND IN PARTICULAR THE BOUNDARIES OF THE ZONING DISTRICTS, AS INDICATED UPON THE ZONING MAP OF BEAUMONT, TEXAS, BY CHANGING THE ZONING OF PROPERTY PRESENTLYZONED PUD(PLANNED UNIT DEVELOPMENT) DISTRICT TO A-R (AGRICULTURAL-RESIDENTIAL) DISTRICT FOR PROPERTY LOCATED ONE MILE NORTH OF STATE HIGHWAY 105AND SOUTH OF THE LOWER NECHES VALLEY AUTHORITY (L.N.V.A.) CANAL, BEAUMONT, JEFFERSON COUNTY, TEXAS PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEALAND PROVIDINGA PENALTY. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That Chapter 30 of the Code of Ordinances of Beaumont, Texas, and in particular the boundaries of the zoning districts, as indicated upon the Zoning Map of the City of Beaumont, referred to in Section 30-56 thereof, is hereby amended by changing the zoning of property presently zoned as PUD (Planned Unit Development) District to A-R (Agricultural-Residential) District for property located one mile north of State Highway 105 and south of the lower Neches Valley Authority (L.N.V.A.) Canal being: 31.2518 acres in the D. Easley League, Abstract No. 20 in Beaumont, Jefferson County, Texas, and being part of the certain 147.16 acre tract conveyed to J.H. Walker by Deed recorded in Volume 2408, Page 70 of the Deed Records of Jefferson County and said 31.2518 acres being more particularly described by metes and bounds as follows: FOR locative corner begin at an old 1 1/4 inch iron pipe found, in the center line of Keith Road locating the Northwest corner of the Ped Acres Addition that is Recorded in volume 4, Page 139 of the Map Records of Jefferson County; said iron pipe being in the east line of the Sarah Morris Survey, Abstract No. 42 and in the West line of the D. Easley League Abstract No. 20 and locating the Southwest corner of said Walker 147.16 acre tract; and the Southwest corner of a 30 foot wide road right-of-way granted by J. H. Walker to Jefferson County by instrument that is recorded in Volume 1285, Page 305 of the Deed Records of Jefferson County; THENCE North 880 56' 32" East with the South line of the said 147.16 acre tract and with the North line of Perl Acres Addition 30 feet to a 1 inch iron stake placed for the Southwest and beginning corner of the 31.2518 acre tract herein described; THENCE North 000 20' 45"West parallel to and 30 feet east of the common line of the Morris Survey and the Easley League and with the East line of said 30 feet wide road, right-of-way 581.50 feet to a 1 inch steel rod placed for corner in the South line of the 200 foot wide L.N.V.A. Canal that is described in Volume 24, Page 34 of the Deed Records of Jefferson County, Texas; THENCE South 89" 44' 03" East with said Canal's South right-of-way line and at 2396.17 feet pass a 5/8 inch steel rod with cap locating the Northwest corner of a 130 foot wide drainage ditch right-of-way and continue on 2462.13 feet to a point in the centerline of said drainage ditch for corner, said drainage right-of-way being described in Film Code No. 104-34-2589 in the County Real Property Records: THENCE South 090 32' 30"West with said centerline 85.77 feet to an angle point; THENCE South 04°08' 14" East with said centerline 349.58 feet to an angle point and the beginning point of a curve concave to the East whose radius is 345 feet and whose central angel is 15° 27' 55"; THENCE in a Southeast direction with said centerline and with the arc of said curve an arc distance of 93.12 feet to a point in the North line of said Perl Acres Addition and in the South line of said Walker 147.16 acre tract; THENCE South 880 56' 32" West with said lines and with an old fence line and at 67.95 feet pass Drainage District Monument No. 1755 locating the Southwest corner of said 130 foot width right-of-way and continuing on same course a total distance of 2489.06 feet to the place of beginning, containing 31.2518 acres of land, as described on Exhibit uX, and the official zoning map of the City of Beaumont is hereby amended to reflect such changes. Section 2. That, in all other respects, the use of the property hereinabove described shall be subject to all of the applicable regulations contained in Chapter 30 of the Code of Ordinances of Beaumont, Texas, as amended. Section 3. That if any section, subsection, sentence, clause or phrase of this ordinance, or the application of same to a particular set of persons or circumstances, should for any reason be held to be invalid, such invalidity shall not affect the remaining portions of this ordinance, and to such end, the various portions and provisions of this ordinance are declared to be severable. Section 4. That all ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only. Section 5. That any person who violates any provision of this ordinance shall, upon conviction, be punished, as provided in Section 1-8 of the Code of Ordinances of Beaumont, Texas. PASSED BY THE CITY COUNCIL of the City of Beaumont on this the 2nd of October, 2001. - Mayor- ' 1 1 I I I 1 I 11 11 1 I 1-1-M. 1 1 1 1 1 77 1 NORTH ' Residential) District Location: 1 1 II • north 1 1 • 11 of Keith Road 1 1 1 1 north. 1 1 y: I Thomas Sibley for Herschel H1 11 1 SCALE IP I 0 4 �J ,,;•�,,J�== sp Iowa MMMI."a' ' Imo'�•"� ee - 3 Council consider a request for a specific use permit to allow the expansion of the Magnolia Cemetery(South Addition) onto property zoned RM-H (Residential Multiple Family Dwelling- Highest Density) and LI (Light Industrial) District for property south of Elm Avenue between Pine Street and Texas Avenue MAW City of Beaumont ...... •W Council Agenda Item TO: City Council FROM: Stephen J. Bonczek, City Manager PREPARED BY: Stephen C. Richardson, Planning Manager MEETING DATE: October 2, 2001 AGENDA MEMO DATE: September 18, 2001 REQUESTED ACTION: Council consider a request for a specific use permit to allow the expansion of the Magnolia Cemetery (South Addition) onto property zoned RM-H (Residential Multiple Family Dwelling-Highest Density) and LI(Light Industrial)District for property south of Elm Avenue between Pine Street and Texas Avenue. RECOMMENDATION The Administration recommends approval of the specific use permit to allow the expansion of the Magnolia Cemetery (South Addition) onto property zoned RM-H (Residential Multiple Family Dwelling-Highest Density) and LI (Light Industrial) District for property south of Elm Avenue between Pine Street and Texas Avenue. BACKGROUND Magnolia Cemetery purchased the 3.233 acre site of the former Pipkin Elementary School from the City of Beaumont. The purpose of the purchase was to develop four cemetery blocks containing 2400 grave sites. Magnolia Cemetery is a non-profit corporation,established in Beaumont in 1887. Most of the now vacant school site is zoned RM-H. The south part of the tract is zoned LI. A specific use permit is required in any zoning district to expand an existing cemetery. The cemetery will be landscaped and screened with iron rail fences and gates and brick entryways. The cemetery plat was filed for record in the map records of Jefferson County, July 10, 2001 in Volume 16, Page 363. BUDGETARYIMPACT None. PREVIOUS ACTION At a joint Public Hearing with City Council held September 17, 2001, the Planning Commission voted 5-0 to approve the specific use permit to allow the expansion of the Magnolia Cemetery(South Addition) onto property zoned RM-H and LI District for property south of Elm Avenue between Pine Street and Texas Avenue including the schematics as outlined in Plan Scheme B and as shown initially on the site plan. SUBSEQUENT ACTION None. RECOMMENDED BY Planning Commission,City Manager,Executive Assistant to City Manager/Economic Development Director and the Planning Manager. RECOMMENDED MOTION Approve/Deny a specific use permit to allow the expansion of the Magnolia Cemetery (South Addition) onto property zoned RM-H and LI District for property south of Elm Avenue between Pine Street and Texas Avenue including the schematics as outlined in Plan Scheme B and as shown initially on the site plan. ORDINANCE NO. ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT FOR THE EXPANSION OF MAGNOLIA CEMETERY ONTO PROPERTYZONED RM-H(RESIDENTIAL MULTIPLE FAMILY DWELLING-HIGHEST DENSITY) DISTRICT AND LI (LIGHT INDUSTRIAL) DISTRICT LOCATED SOUTH OF ELM AVENUE BETWEEN PINE STREETAND TEXAS AVENUE, IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS, the City Council forthe City of Beaumont desires to issue a specific use permit to Magnolia Cemetery for the expansion of the cemetery onto property zoned RM-H (Residential Multiple Family Dwelling-Highest Density) District and LI (Light Industrial) District located south of Elm Avenue between Pine Street and Texas Avenue described as follows: BEING a 3.233 acre tract of land consisting of all that certain Magnolia Cemetery Company called 3.209 acre tract of land, more fully described and recorded in Clerk's File No. 1999037134 of the Official Public Records of Jefferson County, Texas. Said 3.233 acre tract being situated in the James Drake Survey, Abstract No. 18, Jefferson County, Texas and is more particularly described as follows: BEGINNING at a 1 inch iron pipe found for the Northwest corner of said Magnolia Cemetery called 3.209 acre tract, same being the intersection of the South line of Elm Avenue right-of-way (60 feet wide) and the East line of Texas Avenue right-of-way (60 feet wide); THENCE in a Southeasterly direction along and with the West line of said Magnolia Cemetery called 3.209 acre tract, same being the East line of said Texas Avenue right-of-way the following courses and distances: South 25 degrees 23 minutes 28 seconds East a distance of 165.58 feet to a 5/8 inch iron rod with cap stamped "Wortech" set for the P.C. of a tangent curve to the right having a radius of 322.55 feet, a central angle of 25 degrees 01 minutes 59 seconds and a chord length of 139.81 feet bearing South 12 degrees 52 minutes 29 seconds East: In a southeasterly direction along the arc of said curve to the right an arc distance of 140.93 feet to a 5/8 inch iron rod with cap stamped"Wortech" set for the P.T. of said curve; South 00 degrees 21 minutes 28 seconds East a distance of 296.66 feet to a 1 inch iron pipe found for the Southwest corner of said Magnolia Cemetery called 3.209 acre tract, same being the Northwest corner of Lot 1, Block 7 of North Addition as recorded in Volume 1, Page 39 of the Map Records of Jefferson County, Texas; THENCE North 87 degrees 42 minutes 30 seconds East along and with the South line of said Magnolia Cemetery called 3.209 acre tract, same being the common North line of said Block 7 and the Bryant M. Allen and Henry Allen tract of land, more fully described and recorded in Clerk's File No. 9807972 of said Official Public Records, the Lucille Allen tract of land, more fully described and recorded in Clerk's File No. 9725657 of said Official Public Records, the Florence D. Franks tract of land, more fully described and recorded in Film Code 103-31-1212 of said Official Public Records and the Mount Gilead Missionary Baptist Church tracts of land, more fully described and recorded in Clerk's File No. 9802820, Clerk's File No.9410227, Clerk's File No. 9405149, and Clerk's File No. 9405928 of said Official Public Records, a distance of 346.90 feet to a 1 1/4 inch iron pipe found for the Southeast corner of said Magnolia Cemetery called 3.209 acre tract; THENCE in a Northwesterly direction along and with the East line of said Magnolia Cemetery called 3.209 acre tract, same being the West line of Pine Street right-of-way (60 feet wide) the following courses and distances: North 13 degrees 41 minutes 25 seconds West a distance of 60.29 feet to a 5/8 inch iron rod with cap stamped "Wortech" set for corner; North 24 degrees 42 minutes 25 seconds West a distance of 60.14 feet to a 5/8 inch iron rod with cap stamped "Wortech" set for corner; North 34 degrees 52 minutes 55 seconds West a distance of 60.14 feet to a 5/8 inch iron rod with cap stamped "Wortech" set for corner; North 40 degrees 07 minutes 55 seconds West a distance of 116.66 feet to a 5/8 inch iron rod with cap stamped "Wortech" set for the P.C. of a tangent curve to the right having a radius of 239.12 feet, a central angle of 35 degrees 10 minutes 56 seconds and a chord length of 144.53 feet bearing North 22 degrees 32 minutes 27 seconds West; In a Northwesterly direction along the arc of said curve to the right an arc distance of 146.83 feet to a 5/8 inch iron rod with cap stamped"Wortech" set for the P.T. of said curve; North 04 degrees 56 minutes 55 seconds West a distance of 207.74 feet to a 5/8 inch iron rod with cap stamped "Wortech" set for corner; North 08 degrees 05 minutes 55 seconds West a distance of 79.29 feet to a 3/4 inch iron pipe found for the Northeast corner of said Magnolia Cemetery called 3.209 acre tract, same being the intersection of the West line of said Pine Street right-of-way and the South line of said Elm Avenue right-of-way. THENCE South 63 degrees 44 minutes 46 seconds West along and with the North line of said Magnolia Cemetery called 3.209 acre tract, same being the South line of said Elm Avenue right-of-way, a distance of 119.96 feet to a 5/8 inch iron rod with cap stamped "Wortech" set for corner; THENCE South 16 degrees 46 minutes 14 seconds East along and with a West line of said Magnolia Cemetery called 3.209 acre tract, same being a East line of an apparent small tract of land, a distance of 59.32 feet to a 5/8 inch iron rod with cap stamped "Wortech" set for corner. THENCE South 88 degrees 33 minutes 00 seconds West along and with a North line of said Magnolia Cemetery called 3.209 acre tract, same being a South line of said apparent small tract, a distance of 112.68 feet to a 5/8 inch iron rod with cap stamped "Wortech" set for corner. THENCE North 52 degrees 43 minutes 11 seconds West along and with North line of said Magnolia Cemetery called 3.209 acre tract, same being the South Line of said apparent small tract, a distance of 17.63 feet to the PLACE OF BEGINNING, containing 3.233 acres of land, more or less. This legal description describes the same property conveyed to the City of Beaumont in Volume 1864, Page 4 of the Deed Records of Jefferson County, Texas, as shown on Exhibit "A° attached hereto; and, WHEREAS, the City Council is of the opinion that the issuance of such specific use permit is in the best interest of the City of Beaumont and its citizens, subject to the hereinafter described conditions; 1. Landscaping 2. Screened with iron rail fences 3. Gates and brick entryways NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That all conditions necessary for issuance of a specific use permit have been met and a specific use permit for the expansion of Magnolia Cemetery onto property zoned RM-H (Residential Multiple Family Dwelling-Highest Density) District and LI (Light Industrial) District located south of Elm Avenue between Pine Street and Texas Avenue is hereby granted to Magnolia Cemetery, its legal representatives, successors and assigns for that certain tract shown on Exhibits "A", "B" and "C" 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 and plan scheme attached hereto as Exhibits "B" and "C" and made a part hereof for all purposes. Section 3. Notwithstanding the site plan attached hereto, the use of the property hereinabove described shall be in all other respects subject to all of the applicable regulations contained in Chapter 30 of the Code of Ordinances of Beaumont, Texas, as amended. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 2nd day of October, 2001. - Mayor - FILE 1579-P: Request for a specific use permit to allow the expansion of the Magnolia NORTH Cemetery (South Addition) onto property zoned RM-H (Residential Multiple Family s • Dwelling- High Density) and LI (Light Industrial) District. - ` Location: South of Elm Avenue between Pine Street and Texas Avenue. SCALE • ,L 1 Applicant: Magnolia Cemetery 1"=200' AW ELM v .• �Pte• �,, s .� � vo • + �2 t • • • e • ,,, ,o 10 ;, r.r r,1 Z „Port f ivo P,%j ,Z 1 • � / � / t 4i a _ 4,1 -�.• t ti ' • • � JOY I J!O 1 1 B AID D 1 T- I'* • .r re •ro 0 PEACH AVE. • ui + +/0 0 /: so AW J a t t a _ ___ a • i �> > f- ' vo °CATALPA AY£ 3 4” CATALPA AVE. 76? a1 R . � _ NO NO ! 1 Q • --ate. t � • T•. r r I � K � - a J b J<V - 9Q7 BOl7 � �y 10 '7Gb EXHIBIT "A„ SZ ze 6 I R=322.5' I TEXAS AVENUE a zszis66- T� CIEN=196.81' ' 9RC=S12.62'28* w4r S00.21.2b'c 268.88' 1 ��vv�� Bm PRAYER ti 0 , BR41K To N�05 55-6 79.29 ug N04'be bS�6 207.74' =146.83 0=278.12' STREET NOTE: A=95'10'56" SHOWN DRIVE 70 BE N CL.E14=114.57' CONCRETE WRH CURB BRC=N22.72'27'■ AND GUMR• i • 4 _■fir+ �y • d° JOB NO: 2K-090-DRMN4E FIELD BOOK: y! Q PLAT SHOWING OR.tlt: FmH ROAD WATER DRAINAGE DATE: 08/20/01 arEa �, FOR THE SCALE: 1' MAGNOLIA CEMETERY m T:� OR, E C I I 29 __ �..".. SOUTH ADDITION �� Land Surveyors. Inc 1520 S. MOW D+. Suile 11 Beoumon(, le■os 17701 * Approval includes the schematics as outlined in Plan tdeu,"'n N09), 8615 91x4 Iles wxkrAHI Not VNq (".• (401) 1166 Inr Scheme B and as shown initially on the site plan. 103 i• -` / •'-'__'ice _ _ . �r _.--,___�1 � � � .!� C 2. Ski li •t::.. • .- 1. r. .�f(-11t,♦•C" li - _ Y ; - - - ,� i R ...r 1 K. & GR90N A:111—a ... SE('RON ►OF PLOTS ItI SEMON'A' 660 .�� SEMON V 752 sc"Em a SECTION+c -. ELEVA I10N. 'MAIN ENTRY GATE �~ PLAN. SCHEME B' IOTA► < zru - rnLE 3/16•-r4X SCALE MOV w 203 EXHIBIT"C" '4 ,ty,, Y• itl w��t„l�,1 � ��,�•• NIT j 144, t Ro"y "t. � N'h'1►� �• F�ti 1 a�- ale. r ..- y. .� I.i�r 4i r ;J), •� �r err' raI . � S i�. ., .#• J�:o` ..f": ,r ,, • awe`•.:. '� � n Rnr oun���a unl �` dT 7 • • 1 \ 4 Council consider a request for a zone change from GC-MD (General Commercial-Multiple Family Dwelling) to RM-H (Residential-Multiple Family Dwelling-Highest Density) District for a 1.945 acre tract located in the 7500 block of Brooks Road Cit y of Beaumont Council Agenda Item TO: City Council FROM: Stephen J. Bonczek, City Manager PREPARED BY: Stephen C. Richardson, Planning Manager MEETING DATE: October 2, 2001 AGENDA MEMO DATE: September 18, 2001 REQUESTED ACTION: Council consider a request for a zone change from GC-MD (General Commercial-Multiple Family Dwelling)to RM-H(Residential Multiple Family Dwelling-Highest Density) District for a 1.945 acre tract located in the 7500 block of Brooks Road. RECOMMENDATION The Administration recommends approval of the zone change from GC-MD(General Commercial- Multiple Family Dwelling) to RM-H (Residential Multiple Family Dwelling-Highest Density) District for a 1.945 acre tract located in the 7500 block of Brooks Road. BACKGROUND The applicant, Mike Phelan, plans to develop additional units off Willow Creek south of the Brentwood Golf Course. Willow Bend Drive will be extended to Brooks Road in the future. Future development will consist of cul-de-sacs extending east and west of Willow Bend Drive. The request is to rezone almost 2 acres now GC-MD to RM-H situated west of the proposed extension of Willow Bend. This will allow for two additional estate size lots. BUDGETARY IMPACT None. PREVIOUS ACTION At a joint Public Hearing with City Council held September 17, 2001, the Planning Commission voted 5-0 to approve the zone change from GC-MD (General Commercial-Multiple Family Dwelling) to RM-H (Residential Multiple Family Dwelling-Highest Density) District for a 1.945 acre tract located in the 7500 block of Brooks Road. SUBSEQUENT ACTION None. RECOMMENDED BY Planning Commission,City Manager,Executive Assistant to City Manager/Economic Development Director and the Planning Manager. RECOMMENDED MOTION Approve/Deny a request for a zone change from GC-MD (General Commercial-Multiple Family Dwelling) to RM-H (Residential Multiple Family Dwelling-Highest Density) District for a 1.945 acre tract located in the 7500 block of Brooks Road. ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING CHAPTER 30 OF THE CODE OF ORDINANCES OF BEAUMONT, TEXAS, AND IN PARTICULAR THE BOUNDARIES OF THE ZONING DISTRICTS, AS INDICATED UPON THE ZONING MAP OF BEAUMONT, TEXAS, BY CHANGING THE ZONING OF PROPERTY PRESENTLY ZONED GC-MD (GENERAL COMMERCIAL- MULTIPLE FAMILY DWELLING) DISTRICT TO RM-H (RESIDENTIAL MULTIPLE FAMILY DWELLING-HIGHEST DENSITY) DISTRICT FOR PROPERTY LOCATED IN THE 7500 BLOCK OF BROOKS ROAD, BEAUMONT, JEFFERSON COUNTY, TEXAS PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEALAND PROVIDINGA PENALTY. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That Chapter 30 of the Code of Ordinances of Beaumont, Texas, and in particular the boundaries of the zoning districts, as indicated upon the Zoning Map of the City of Beaumont, referred to in Section 30-513 thereof, is hereby amended by changing the zoning of property presently zoned as GC-MD (General Commercial-Multiple Family Dwelling) District to RM-H (Residential Multiple Family Dwelling-Highest Density) District, located in the 7500 block of Brooks Road as described below: A rectangular shaped 1.945 acre (84,750 square feet) tract of land out of the S. Stivers League, Abstract No. 51 located in Beaumont, Jefferson County, Texas. ALL THAT CERTAIN tract or parcel of land being out and a part of that certain tract of land conveyed by deed dated February 5, 1934 and recorded in Volume 384, Page 257 of the Deed Records of Jefferson County, Texas, said 1.945 acre tract being described as follows: BEGINNING at the southwest corner of the herein described tract, said corner being in the north line of Brooks Road, a sixty foot (60') wide street right-of-way and located South 72 degrees 11 minutes 55 seconds East (S 72" 11' 55" E) a distance of 1,200.73 feet (1200.73') from the point of intersection of the projected north line of said Brooks Road with projected east line of Major Drive (FM 364); THENCE with the north line of Brooks Road and the south line of the herein described tract, South 72 degrees 55 minutes 11 seconds East (S 72" 55' 11" E) for a distance of 149.27 feet (149.27') to a point marking the southeast corner of the herein described tract. THENCE with the east line of the herein described tract, North 17 degrees 48 minutes 05 seconds East (N170 48' 05"E) for a distance of 544.19 feet (544.19') to a point marking the northeast corner of the herein described tract, said corner being located in one of the southerly courses of that certain 46.106 acre tract described in deed as Tract 4, conveyed by the Phelan Trust B to Brentwood Investments, Inc., as recorded under County Clerk's File No. 96-9623224 of the Official Public Records of Real Property in Jefferson County, Texas; THENCE with the southerly line of said 46.106 acre Brentwood Investments tract and the north line of the herein described tract, North 54 degrees 39 minutes 25 seconds West (N 54° 39'25" W) (deed call-N 52°18'32"W)for a distance of 156.55 feet (156.55') to a point marking the northwest corner of the herein described tract: THENCE with the west line of the herein described tract, South 17 degrees 48 minutes 05 seconds West (S 170 48' 05"W) for a distance of 591.37 feet (591.37') to the PLACE OF BEGINNING, containing 1.945 acres (84,750 square feet) of land more or less, as described on Exhibit"A", and the official zoning map of the City of Beaumont is hereby amended to reflect such changes. Section 2. That, in all other respects, the use of the property hereinabove described shall be subject to all of the applicable regulations contained in Chapter 30 of the Code of Ordinances of Beaumont, Texas, as amended. Section 3. That if any section, subsection, sentence, clause or phrase of this ordinance, or the application of same to a particular set of persons or circumstances, should for any reason be held to be invalid, such invalidity shall not affect the remaining portions of this ordinance, and to such end, the various portions and provisions of this ordinance are declared to be severable. Section 4. That all ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only. Section 5. That any person who violates any provision of this ordinance shall, upon conviction, be punished, as provided in Section 1-8 of the Code of Ordinances of Beaumont, Texas. PASSED BY THE CITY COUNCIL of the City of Beaumont on this the 2nd of October, 2001. - Mayor- rJ 1 -T- WILLOW CREEK BREMW OOD GOLF COURSE COUNTRY CLUB ESTATES S PHW a SECTION V (M.R. votuw 15. NG 134) A c R M H BRENTWOOD INVESTMENTS, INC. TRACT 4 R M H � ►rcx SCALE 17--200' 46.106 ACRES (ccr. NO. 96-9623224) P WILLOW CREDO COUNTRY CLUB ESTATES N —_ BRE OMW GOLF COIXM 3 GC–MD „ c(UNDEVELOPED) Y R 44 ACRES SLxOJ�cT�I RovEar RM H J.H. PHELAN 1945 ACRES — - M.R. VOUW 364. x 257) •(84,750 SF) 3 \ cFUTURE DE V EL 0PMENT-- �~ " = BEi11AK)N/*uow CREEK. W. s 7T11'55-E 1200.73' / 149.27 -------- — s 7711.55'E -- BROOKS (60'RM ROAD P.O.B. SURVEY TO ACCOMPANY REQUEST FOR ZONING AMENDMENT rn GC—MD OF (UNDEVELOPED) A 1 .945 ACRES OF LAND LOCATED IN ca THE SAMUEL STIVERS LEAGUE, ABST. NO. 51 d SUBJECT LOCATED IN v APPMAW. SITE BEAUMONT, JEFFERSON COUNTY, TEXAS BEAUMONT WILLOW CREEK. INC. amvll cSc P�'RD BY' 1277 CALDER AVENUE lackman, Contul9ry�Plginrrrf{.Sunrwln BEAUMONT, TEXAS 77701 i3MS:. ,l s1:n 5 Council consider a request for a specific use permit to convert a residential care facility into a three- unit apartment in an RCR(Residential Conservation and Revitalization) District for the property at 2390 Broadway City of Beaumont Council Agenda Item TO: City Council FROM: Stephen J. Bonczek, City Manager PREPARED BY: Stephen C. Richardson, Planning Manager MEETING DATE: October 2, 2001 AGENDA MEMO DATE: September 18, 2001 REQUESTED ACTION: Council consider a request for a specific use to convert a residential care facility into a three-unit apartment in an RCR (Residential Conservation and Revitalization) District for the property at 2390 Broadway. RECOMMENDATION The Administration recommends approval of the specific use permit to convert a residential care facility into a three-unit apartment in an RCR(Residential Conservation and Revitalization)District for the property at 2390 Broadway. BACKGROUND Judith Rich received a specific use permit in 1997 to convert a 1,970 square foot 2-story home into a residential care facility for 15 clients. She brought the property into compliance with the specific use permit regulations and conditions at that time regarding parking, screening, etc. The care facility did not meet the expectations of Mrs. Rich and she discontinued the operation just recently. She now wishes to change the format of the structure to allow 3 apartments. No exterior changes are being proposed. Multi-family uses (3 or more units) in an RCR district require a specific use permit. BUDGETARYIMPACT None. PREVIOUS ACTION At a joint Public Hearing with City Council held September 17, 2001, the Planning Commission voted 5-0 to approve the specific use permit to convert a residential care facility into a three-unit apartment in an RCR(Residential Conservation and Revitalization)District for the property at 2390 Broadway. SUBSEQUENT ACTION None. RECOMMENDED BY Planning Commission,City Manager,Executive Assistant to City Manager/Economic Development Director and the Planning Manager. RECOMMENDED MOTION Approve/Deny a specific use permit to convert a residential care facility into a three-unit apartment in an RCR(Residential Conservation and Revitalization)District for the property at 2390 Broadway. ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING ORDINANCE NO.097-33WHICH GRANTED A SPECIFIC USE PERMIT TO ALLOW A RESIDENTIAL CARE FACILITY IN AN RCR (RESIDENTIAL CONSERVATION AND REVITALIZATION) DISTRICT LOCATED AT 2390 BROADWAY, BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS, on July 22, 1997, City Council approved Ordinance 097-33 issuing a Specific Use Permit to Judith Rich for a residential care facility in an RCR (Residential Conservation and Revitalization) District located at 2390 Broadway, Beaumont, Jefferson County, Texas; and, WHEREAS,the applicant, Judith Rich,wishes to convert the residential care facility into a three-unit apartment building; and, WHEREAS, the Planning and Zoning Commission of the City of Beaumont considered the issuance of an amended specific use permit to allow a three-unit apartment building, in Beaumont, Jefferson County, Texas, to Judith Rich, her legal representatives, successors, and assigns for that certain property hereinafter described; 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, subject to the hereinafter described conditions; and WHEREAS, all conditions necessary for amendment of a specific use permit have been met and a specific use permit to allow a residential care facility to be converted into a three-unit apartment, in Beaumont, Jefferson County, Texas, should be granted: NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That Ordinance 097-33 be amended by amending the Specific Use Permit to allow a residential care facility to be converted into a three-unit apartment to Judith Rich, her legal representatives, her successors, and assigns, located at 2390 Broadway, Beaumont, Texas as described in Exhibit "A" attached hereto and made a part hereof for all purposes. Section 2. That the amended 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 hereinabove described shall be in all respects subject to all of the applicable regulations contained in Ordinance 097-33 and the regulations contained in Chapter 30 of the Code of Ordinances of the City of Beaumont, Texas, as amended. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 2nd day of October, 2001. - Mayor - FILE 1580-P: Request for a specific an permit to convert a residential care facility NORTH 3 240 into a three-unit apartment in an RCR(Residential Conservation Revitalization) • District. Location: 2390 Broadway at Eight Street SCALE r Applicant: Judith Rich 1"=200' 1 1 1 1 1 1 • -1 i �7 1 I ! ' I t to lO if h t (N N ( h t0 I t/ tt L! t• Ll tt I Lf LI' N ( It ./f /) •� N h s ' II 1 11 lJ r l• 1 � I � � w�ERI I I � � CALDER AVE �ao— M 1. I r I t /. a z It w 0 r r • s • r r /$ 1s At // 4 a t • s . t • : ' I P4 I t1 ti A /I L/ It ll L. lr if I A I M N to K /1 N A to 91 It lr N I L ADWAr I •. ( eo 191 1 00 1 BROADWAY I r r 1 •. rr I : u r / /r It r L • s • s / 26 = z • I 2 I I 7-A/ I � r• ! IS t a i ,. a (to to to rr tL n r. 95 t. r1 to wo is of a M 's o V lr t s• ' r to rJ i SO / l LIBERTY AVE. so 5.91 i so - a l r r ` ;. 1� a k a a t I r s • s / � 'O/r /t l rr ' o � t o � r c t • � / �s • ' z � � '• tJ 't• 11 r• A /0 I 11 !0 r/ Lr Q l• I es its tl /! ,* /1 I & I h to ( Jl tr V to I ld 60 ' z F LAUREL AVE. _ � v 3G CO SG - 10 60 Jp0 60 30.E - _ - - 00 i/6 SO; _ 'h . y to • s i I W i t I t • ro JJ ,l:r 1 N� �>' r 0 10 1 11 � 't j Q' • • ! /o so ' 30 500 SOUTH ST. I I s ffo I . ' ; t ' - �, ' • s I r / o • • I j I EXHIBIT "A" I ® ®®• TRASH STORAGE 4'X8' I °. ExI$T. 3 SPACES B 8'6'=25'-6' 4 v. DRIVE s— 0 ' 13 I PROMS PARKINGD � I t. 11'-015_' g ' . -0i �iABE20 + EANP XISTIN / O m ROOF LINE ,1-XiT SIGN EXISTING 1 _ PORCH L - L_._-- 1 Il `ENTRANCE ® — EXIST. '+�ALKVAY EXISTING TWO I N(x I XIIT STORY HOUSE I W a STA! - i Ld L a4 t 1970 W I I H ` L BLG. LINE 4' -1.0; O W EXIT ` FENCE COVER PAR ING iu EXISTING SHELL i DRIVE X )4 _ ` ExIST. 03_ 89J3' DRIVE itdMS�u EXISTING SIDEWALK 1r-o• W — . Step SEreAUL F�oM. g�►��� is W FT. tA%"tC.uM 2390 BROADWAY AVE. _ SIT PLAN: SCALE, 1'=20' 6 Council consider a request for a specific use permit to allow private swimming lessons in an RS (Residential Single Family Dwelling) District at 2608 Hazel City of Beaumont Council Agenda Item A ` TO: City Council FROM: Stephen J. Bonczek, City Manager PREPARED BY: Stephen C. Richardson, Planning Manager MEETING DATE: October 2, 2001 AGENDA MEMO DATE: September 18, 2001 REQUESTED ACTION: Council consider a request for a specific use permit to allow private swimming lessons in an RS (Residential Single Family Dwelling) District at 2608 Hazel. The property is within the Oaks Historic District. RECOMMENDATION The Administration recommends approval of the specific use permit to allow private swimming lessons in an RS District at 2608 Hazel subject to a requirement that vehicles transporting swim students not block driveways or the street pavements in the immediate neighborhood. BACKGROUND Marilyn Higgins and her friend Stacey Hansard teach swimming lessons in a pool located in the backyard of Rusty Hall's home at 2608 Hazel. The hours for teaching are 9:00 a.m. to 5:00 p.m., Monday through Thursday. They teach from June to the first week in August. There are seven classes per day of 6-7 students in each class. BUDGETARY IMPACT None. PREVIOUS ACTION At a joint Public Hearing with City Council held August 20,2001,the Planning Commission voted to defer the case until the September 17, 2001 meeting. At a joint Public Hearing with City Council held September 17,2001,the Planning Commission's motion to approve the specific use permit to allow private swimming lessons in an RS District at 2608 Hazel subject to a requirement that vehicles transporting swim students not block driveways or the street pavements in the immediate neighborhood failed 2:3. RECOMMENDED BY Planning Commission,City Manager,Executive Assistant to City Manager/Economic Development Director and the Planning Manager. RECOMMENDED MOTION Approve/Deny a specific use permit to allow private swimming lessons in an RS District at 2608 Hazel subject to a requirement that vehicles transporting swim students not block driveways or the street pavements in the immediate neighborhood. NOTE: "The 20% Rule" Sec. 30-40.D. of the Zoning Ordinance states the following: Protest: The City Council shall not amend, supplement, change, modify or repeal any regulation, restriction or boundary or approve a Specific Use Permit where a protest against such change, signed by the owners of twenty (20) percent or more either of the area of the lots included in such proposed change or of the lots or land immediately adjoining the same and extending two hundred (200) feet therefrom, except by the favorable vote of three-fourths (3/4) of all the members of the City Council. This means that in order to approve a zone change or specific use permit when the 20%rule has been invoked at least six Council members must vote in favor of the Ordinance. On File 1570-P, a protest of 20.65%was received, therefore invoking the Rule on this case. ORDINANCE NO. ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW PRIVATE SWIMMING LESSONS IN AN RS (RESIDENTIAL SINGLE FAMILY DWELLING) DISTRICT LOCATED AT 2608 HAZEL IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS,the City Council for the City of Beaumont desires to issue a specific use permit to Marilyn Higgins and Rusty Hall to allow private swimming lessons in an RS (Residential Single Family Dwelling) District located at 2608 Hazel, being Lot 30 and the east '/ of Lot 29, Block 54, Averill Addition, Beaumont, Jefferson County, Texas, containing 0.26 acres, more or less, as shown on Exhibit "A' attached hereto; and, WHEREAS, the City Council is of the opinion that the issuance of such specific use permit is in the best interest of the City of Beaumont and its citizens, with the following condition: Vehicles transporting swim students are not to block driveways or the street pavements in the immediate neighborhood. NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That all conditions necessary for issuance of a specific use permit have been met and a specific use permit to allow private swimming lessons in an RS (Residential Single Family Dwelling) District located at 2608 Hazel, being Lot 30 and the east '/z of Lot 29, Block 54, Averill Addition, Beaumont, Jefferson County, Texas, containing 0.26 acres, more or less, as shown on Exhibit "A" attached hereto, is hereby granted to Marilyn Higgins and Rusty Hall, their legal representatives, successors and assigns for those certain tracts as described in Exhibit "A" 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 hereinabove described shall be in all other respects subject to all of the applicable regulations contained in Chapter 30 of the Code of Ordinances of Beaumont, Texas, as amended. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 2"d day of October, 2001. - Mayor- FILE 0370-P: Request for a specific use permit to allow privaw Swimming lessons in NORTH an area zoned RS(Residential Single Family Dwelling). - Location: 2608 Hazel(residence) Applicant: Marilyn Higgins& Rusty Hall SCALE St/r •s • ,! i r a u ! Jy k I rJ I x {'tr r r Isis r i ( {.ivq. 90 ASHLEY AVE. a7d 30 _ _ .. .. i _ - I - 30 39 f -50 - I I I IJ H /J t If b ! I 7 / t J t t / /J t // iV ! • 7 / J 39 { t ! t0 J, tl I I r b > /4 N ,! O y of jo P 11 1 I I I LBNG I � I �IYE. f^ : -- LONG AVE. ore 60 i ` oil M IJ // O ! ! 7 J J • '1 ~ I ! 01 i go v s a /f Y h Jo V 11 lJ !1 JJ JJ if JI A Job, M tl /f ' ,l { r N 1V TN If JJ I • MARRISO/Y I AVE. - - :'p•' io HARRISON AVE. 57.4 sty - - Jo !9 i Jo - 4 M Y K // y ! I 7 I l l ' / /J a r y I ! J T • ! I ;• I I /• /a $6 n � !o JI JJ rJ N J! Je fs r 04 /J At ,s • a w of tr ' NAIEL IYE: • HAZEL AVE. 37a io I { �O 33. ( SO IJ is ! // ,o ! I 1 ! ! • ! t , /! ,J // N /! Igo V JJ J! N I h 11 I K !! Jf { !o: •y y I /r I I ,! I r M III so { 26Q7 NORTH ST. I 4 I f EXHIBIT "A" G.F. NO. CLIENT: LOT 2 LOT 1 POOL PUMP do EWIPMENT FOUND 5/8" FOUND 5/8" N 89*32'48" E 74.46' IRON R00 ' IRON ROD 6• WOOD FENCE — — — — — — — — —' — — SHRUBBER C) �j ° • f I P.P. I B L 0 c K - 5 4 LOT 29 ' LOT 30 J Y m r < < u m D W r LIGHT 01-E '^ u ��.+ i W SCALE: z BRI L PAiI N o � i° PLANTER - • uj COVERED \\ GATE — _° c" 9.2 41.3 6' WOOD FENCE \ \ \ W • f5 ° 1 STofpy WOOD FRAME o • CONCRETE - ASPHALT CO /C UN17 REST ENCE ON SLAB "' . DRIVEWAY O' . Z 1 STORY MOD FRAME ° tff Lo RESIDEN ON PIERS - O -p ° O W 0 2.5 tz 1 1/2 STOR Y WOOD FRAME '! p O RESIDENCE ON PIERS 22.2' V) w m COVERED - e e pSi„ c� c'Yi v t•.5 7p > O C� y a� o O r-i O rn y n ca FOUND 5/8" O `" ¢ FOUND 5/8' IRON ROD Q. U IRON ROD WEST 75.04' ¢ h N CIA I CONCRETE SID EWALK 4 OVERHEAD ELECTRIC P.P. e E` E -E-1 E E E E E 77�d - CURB do CUTTER HAZEL STREET DESCRIP11ON OF SERVICES REQUESTED LOCATE CORNERS AND SHOW IMPROVEMENTS EXHIBIT «B" 7 Council consider a request to extend a specific use permit time limit 12 months to October 5, 2002 for the property at 1955 Dowlen Road City of Beaumont Council Agenda Item TO: City Council FROM: Stephen J. Bonczek, City Manager PREPARED BY: Stephen C. Richardson, Planning Manager MEETING DATE: October 2, 2001 AGENDA MEMO DATE: September 18, 2001 REQUESTED ACTION: Council consider a request to extend a specific use permit time limit 12 months to October 5, 2002 for the property at 1955 Dowlen Road. RECOMMENDATION The Administration recommends approval of the request to extend a specific use permit time limit 12 months to October 5, 2002 for the property at 1955 Dowlen Road. BACKGROUND City Council granted a specific use permit and a zone change to GC-MD-2 (General Commercial- Multiple Family Dwelling-2)for a 2.2275 acre tract on October 5, 1999(Ordinance No.99-70). The specific use permit was for the proposed Beaumont Telco Federal Credit Union building. Carroll and Blackman, Inc., was representing W. T. "Bill" Little at the time. Since then the property has been platted as Lot 1, Bell Pointe Addition and contains 2.2378 acres. Lots 1 and 2,Bell Pointe was filed for record in the Jefferson County Map Records on August 21, 2001. (Lot 1 is addressed at 1955 Dowlen Road). The credit union now owns the property. A private street has been constructed and the public utilities to the site have been accepted by City Council. A new median cut in Dowlen Road has also been completed. The credit union will probably begin actual construction of the 8,000 square foot structure within the next 90 days, according to Carroll and Blackman, Inc. BUDGETARY IMPACT None. PREVIOUS ACTION At a joint Public Hearing with City Council held September 17, 2001, the Planning Commission voted 5-0 to approve the request to extend a specific use permit time limit 12 months to October 5, 2002 for the property at 1955 Dowlen Road. SUBSEQUENT ACTION None. RECOMMENDED BY Planning Commission,City Manager,Executive Assistant to City Manager/Economic Development Director and the Planning Manager. RECOMMENDED MOTION Approve/Deny a request to extend a specific use permit time limit 12 months to October 5,2002 for the property at 1955 Dowlen Road. ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING ORDINANCE 99-70 BY GRANTING A TWELVE (12)-MONTH TIME EXTENSION FOR A SPECIFIC USE PERMIT ALLOWING A CREDIT UNION LOCATED AT 1955 DOWLEN ROAD, BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS, the City Council for the City of Beaumont issued a Specific Use Permit on October 5, 1999, by Ordinance No. 99-70 to allow a credit union in a GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District at 1955 Dowlen Road, Beaumont, Jefferson County, Texas; and, WHEREAS, Section 30-26(G) of the Code of Ordinances of the City of Beaumont provides that a Specific Use Permit shall be valid for a period of two (2) years from the date of issuance and shall become null and void unless construction or use is substantially underway during said two (2) year period or unless an extension of time is approved by the City Council; and, WHEREAS, Beaumont Telco Federal Credit Union has requested an extension of time for a period of an additional twelve (12) months to complete the construction of a credit union; and, WHEREAS, the City Council is of the opinion that the granting of a twelve (12) month extension of time for the Specific Use Permit is in the best interest of the City of Beaumont and its citizens, subject to the hereinafter described conditions; NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That Ordinance 99-70 granting a Specific Use Permit to Carroll and Blackman, Inc., representing W. T. "Bill" Little, their legal representatives, successors and assigns for a credit union in a GC-MD-2 (General Commercial-Multiple Family Dwelling-2) located at 1955 Dowlen Road is hereby extended, to October 5, 2002. Section 2. That the Specific Use Permit shall be, in all other respects, subject to all of the applicable regulations and conditions contained in Ordinance 99-70, as approved by the City Council of the City of Beaumont on October 5, 1999. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 2nd day of October, 2001. - Mayor - C-> S ra PL-41v d�w- 99-70 IQs APP1Poyjgti n,%m STREET WENS Ow 7.2275 ACRES FUTURE DEVELOPMENT- SCALE: 1 50' — 1 M N — — 1 EXHIBIT C woes: ' 1) PROPOSED ZONING CHANCE FROM RS (CURRENT) I TO C.0-MO-z f ' 1 2) WATER, SAW rARr SEWER TELEPHONE; ELECTR►""AL 1 POWER. CAS. ETC. ARE AVAILABLE ON OR AAL4CENT TO THrs WE 1 J) no TRACT 6 LOCATED IN ZONE C AN AREA OF r. . MINIMAL FLOOOWG AS WDICATED ON THE 1992 1 1 FLOOD WSUITANCE RATE MAPS PREPARED LIY THE I FEDERAL EMERGENCY MgMEMENT ACENCY (F.EMA) 1 1 COMMUNRY-PANEL NO 485457 0050 B. I 1 4) LA04DWAPM SIGN. AND LOOM REUMtE TENTS Va R I COMPLY WMf APPLIMLE ZONNG ORDINANCE REGULATIONS 1 L I 1 ® ® 1 SITE DE51GA1 W. BUILDING COMMITTEE. INC. I ' O R.DB 5000 SF I - eR: A&WAUKIZ WISCOMVN � Funa1E I ' SPC CONCEPTUAL PLAN 00 0 0000 TO ACCOMPANY SPBCIFIC ugs APPLicmw 1 a a a O g FOR 1 A 2.7131 ACRE TRACT MEML#E>f PAR~ W SK 1 y PROPOSED BRANCH OFFICE Sn inimr n f ' FOR --. _��J BEAUMONT TELCO ao*ovum FEDERAL CREDIT UNIOI ---------- �•�N s~R APPLIGNi: --—_- -_ -_- m, :• ><R EEC., WTL DEVELOPMENT, INC. — P.O. Box n PROPOSED SVEN" -- — --= — — — — A ROAD D0WN g ►� mss";"'"'_ - E - - QrroU& Lx► W PREPARED ft hackman, 1360 7Eh Ssra nC~ Beaumoa4 TmaE 7/70 2.1301 poq moue..uYLU 8 Council consider an amendment to Sections 28-5 and 28-6 of the Code of Ordinances increasing regular and special transit fares effective November 1, 2001 City of Beaumont Council Agenda Item TO: City Council FROM: Stephen J. Bonczek, City Manager PREPARED BY: Mark Horelica, Transportation Administrator MEETING DATE: October 2, 2001 AGENDA MEMO DATE: September 26, 2001 REQUESTED ACTION: Council consider an amendment to Sections 28-5 and 28-6 of the Code of Ordinances increasing regular and special transit fares effective November 1, 2001. RECOMMENDATION Administration recommends amending Sections 28-5 and 28-6 of the Code of Ordinances increasing regular and special transit fares. BACKGROUND As a part of the FY 2002 Budget, administration recommended the following fare increases: Type of Fare Existing Fare Proposed Fare Adult Fare $ 0.75 $ 1.00 (Persons 19 years of age or older) Reduced Fare $ 0.35 $ 0.50 (Elderly, disabled or persons aged 6 to 18 years) Adult Monthly Pass $24.00 $30.00 Reduced Monthly Pass $15.00 $20.00 Also, the following fare increases for the Beaumont Transit System's Special Transit Service were recommended. Type of Fare Existing Fare Proposed Fare Transit restricted or transit limited $ 1.50 $ 2.00 persons fare, one-way trip. Monthly Pass (') 1 $40.00 $60.00 ''Clients of Social Service Agencies would not be eligible for monthly pass. In accordance with federal regulations social service agencies, whose clients are transported may be charged the fully allocated cost of each trip minus the regular fare. This would result in a charge to the social service agency of$13.00 per trip. BUDGETARY IMPACT The fare increases are anticipated to generate between $300,000 and $340,000 annually. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager, Public Works Director, City Engineer and Transportation Manager. RECOMMENDED MOTION Approve/Deny an amendment to Sections 28-5 and 28-6 of the Code of Ordinances increasing regular and special transit fares effective November 1, 2001. AgenTransit Faressk.wpd 09/26/2001 ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING CHAPTER 28, SECTIONS 28-5 AND 28-6 OF THE CODE OF ORDINANCES OF THE CITY OF BEAUMONT TO INCREASE REGULAR AND SPECIAL TRANSIT FEES AND ADD A RESTRICTION; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. THAT Chapter 28, Section 28-5 of the Code of Ordinances of the City of Beaumont be and the same is hereby amended to increase the following fares: Section 28-5. Bus Fares - Schedule of Regular Fares Type of Fare Rate of Fare Adult fare ( persons 19 years of age and older) $ 1.00 Reduced Fare (Elderly, disabled or persons aged 6 to 18 years) $ 0.50 Adult Monthly Pass $30.00 Reduced Monthly Pass $20.00 Section 2. THAT Chapter 28, Section 28-6 of the Code of Ordinances of the City of Beaumont be and the same is hereby amended to increase the following fares and add a restriction:: Section 28-6. Same - Schedule of Special Fares Type of Fare Rate of Fare (c) (1) Transit restricted or transit limited persons fare, one-way trip. $ 2.00 Monthly Pass (') $60.00 Clients of Social Service Agencies would not be eligible for monthly pass. Section 3. That if any section, subsection, sentence, clause or phrase of this ordinance, or the application of same to a particular set of persons or circumstances, should for any reason be held to be invalid, such invalidity shall not affect the remaining portions of this ordinance, and to such end the various portions and provisions of this ordinance are declared to be severable. Section 4. All ordinances or parts of ordinances in conflict herewith, including conflicting portions of the City Budget, are repealed to the extent of the conflict only. Section 5. That any person who violates any provision of this ordinance shall, upon conviction, be punished as provided in Section 1-8 of the Code of Ordinances of the City of Beaumont, Texas. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 2nd day of October, 2001. - Mayor - . 9 Council consider a request to abandon the most northerly 295 feet of Grove Street City of Beaumont ...... e Council Agenda Item �z EL TO: City Council FROM: Stephen J. Bonczek, City Manager PREPARED BY: Stephen C. Richardson, Planning Manager MEETING DATE: October 2, 2001 AGENDA MEMO DATE: September 18, 2001 REQUESTED ACTION: Council consider a request to abandon the most northerly 295 feet of Grove Street. RECOMMENDATION The Administration recommends approval of the request to abandon the most northerly 295 feet of Grove Street. BACKGROUND ExxonMobil has purchased the 8.9 acre former Carroll Street Park. They plan to construct a new electrical substation on the northeast part of the tract. This is across the street(Grove) and west of an existing substation. This section of Grove extends 295 feet south from Grant Street. Grant Street between Carroll Street and Grove will be temporarily closed during the construction phase. Information regarding this request was sent to all interested parties. No objections were received. BUDGETARYIMPACT None. PREVIOUS ACTION At a Regular Meeting held September 17,2001,the Planning Commission voted 5-0 to approve the request to abandon the most northerly 295 feet of Grove Street. SUBSEQUENT ACTION None. RECOMMENDED BY Planning Commission,City Manager,Executive Assistant to City Manager/Economic Development Director and the Planning Manager. RECOMMENDED MOTION Approve/Deny a request to abandon the most northerly 295 feet of Grove Street. ORDINANCE NO. ENTITLED AN ORDINANCE ABANDONING THE MOST NORTHERLY 295 FEET OF GROVE STREET, CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. BE IT ORDAINED BY THE CITY OF BEAUMONT: THAT the most northerly 295 feet of Grove Street, being Grove Street from the projection of the south right-of-way line of Grant Street a distance of 295 feet south along the centerline of Grove Street, out of the David Brown Survey, Abstract No. 5, containing 0.4053 acres, more or less, Beaumont, Jefferson County, Texas as shown on Exhibits"N' and "B" attached hereto, be and it is hereby abandoned. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 2nd day of October, 2001. r - Mayor - NORTH FIL=616-70B: Request to abandon the north 2!� feet of Grove SL - Applicant: ExzoaMobil Oil Corp• SCALE V-2001 IPD A -/6 ,. PORT �. OF gEp1�MONT GRANTS' �rl ss•' f� �1 � - ' S ExxoNMOBIL .�•� „��• OIL CORP. EXXONMOBIL OIL CORP. e SUBJECT .y �. sr .ter 40 • f> a '+ TAGORE ST. w • - 00 1w J s sA OR . r >r N =n•ss .v sa�� ' N _ - - �O 49 w � • l is N�r 1< V sr • !! V 00 s .r �wde,dinsd. '5.ZJ-- $ BURT ST. + 91.91 s>• .r .s II JJ Jl I/ y ..a r3 O • - e N - 90 .2116, 4 J EXHIE3 " A" J t J • ! 1 > f ,J l g I fwrcY SD " Ri�lJP(1 UTMCOUPANY IS Vol. 149J. 513 CALLED TRACT i+' pp JEFrERSON COUNTY APPRAISAL o1S a X-r rAX ROU FaRr of eEAUAKWr L. N IA gnaw ^J KR 761p 311 . 80 RQN E)OfON um REf Wv F� 1/�• FND MdY I"Ir 7AQ�1' no 1' L RdD WWAW MAW loo a Alk=01OM L � �•\ SUMAnN ~ \ POIJr Of SEAtw w NAMCADQN Obwa �.7 DR f nmr GR m smw Flom bol. 1 M to9 Ra&WM or Ev= Um CORPORAPON CM0 4181 ACRES VM ?IV 471 falsm o� wuc TAGOM ST. mm mm cw&oRAT m I" MMIT OF PROPOSED STREET CLOSURE or X 01-489 0 89SC OF GROVE STREET W y,� s, §Rffmt FROM THE PROJECTION Or THE AND ANOCUTES "1 RICORPORAMM ROUTH RIGHT-OF-WAY Lin Or CRANT STREW a) n v 805.00 PERT SOUTH ALONG THE ONTERLIM OF CROVE STRP.BT. 10 Council consider approving an ordinance providing for Trial In Defendant's Absence On Defendant's Violation Of Promise To Appear, to be numbered Chapter 8, Section 8-1 City of Beaumont Council Agenda Item TO: City Council FROM: Stephen J. Bonczek, City Manager PREPARED BY: Lane Nichols, City Attorney MEETING DATE: October 2, 2001 AGENDA MEMO DATE: September 25, 2001 REQUESTED ACTION: Approve an Ordinance providing for trial in defendant's absence on defendant's violation of promise to appear, to be numbered Chapter 8, section 8-1. RECOMMENDATION: It is recommended that Council approve an ordinance providing for trial in defendant's absence on defendant's violation of promise to appear. BACKGROUND: Municipal Courts have a problem when defendants fail to appear at court. This results in a backlog of outstanding warrants for traffic tickets. When a traffic citation is issued by an officer, Texas law provides for a defendant to execute a promise to appear before the court. The citation establishes a date and time for this appearance. A promise to appear is in lieu of the officer taking the defendant into custody. A very high percentage of defendants fail to keep their promise to appear. They do not appear for the scheduled court date. When the defendant fails to appear on the scheduled date he remains not guilty until apprehended and brought before the court for trial. No adjudication can be made nor fine set on the charged traffic violation. A warrant issues for the defendant's arrest but because of the volume of warrants it may be years before it is served and an arrest made. An ordinance is needed providing for trial in absentia and the defendant's failure to appear being considered a waiver of a jury trial. The proposed ordinance will provide a defendant with due process notice that failure to appear as promised when the ticket is signed constitutes waiver of a jury trial and a recognition that such defendant will be tried in absentia. After such trial the defendant will be afforded an additional 15 day period to show cause why he did not appear and to request a re-hearing. BUDGETARY IMPACT Enactment of the proposed ordinance will improve collections of fines and fees by Municipal Court. It will facilitate efficiency in court management, expedite case closure, and improve cash flow. Cost of implementing the ordinance are negligible PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager and City Attorney. RECOMMENDED MOTION Enact/Reject the proposed ordinance providing for trial in defendant's absence on defendant's violation of promise to appear. City of Beaumont REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS OCTOBER 2, 2001 1:30 P.M. CONSENT AGENDA * Approval of minutes Confirmation of committee appointments A) Authorize a one year contract with the Art Museum of Southeast Texas B) Authorize a one year contract with the Southeast Texas Arts Council (SETAC) C) Authorize a one year contract with the Texas Energy Museum D) Authorize a one year contract with the Beaumont Heritage Society/John Jay French Museum E) Authorize agreements for funding from the 2001 Consolidated Grant Program F) Approve an annual maintenance agreement for IBM equipment G) Approve an annual maintenance agreement for HTE, Inc. software support H) Authorize the City Manager to execute a lease agreement for 3670 East Lucas Drive, Unit No. 1 I) Approve a resolution authorizing the City Manager to execute the Form ROW U-43, the Three Party Utility Agreement for Southwestern Bell Telephone on the FM 364/Major Drive Improvement Project CONSENT AGENDA OCTOBER 2, 2001 x Committee Appointments A) Authorize a one year contract with the Art Museum of Southeast Texas The Administration recommends funding the Art Museum of Southeast Texas $185,000 for FY 2002 from Hotel Occupancy Tax and General Funds. The City of Beaumont and the Art Museum of Southeast Texas entered into a lease agreement on December 30, 1986 whereby the City and Art Museum agreed to a 99-year lease on the land and building to be used as an art museum. Funds are available in the FY 2002 budget with $60,000 funded through the Hotel Occupancy Tax Fund and $125,000 funded with general revenues. A copy of the staff memorandum is attached for your review. B) Authorize a one year contract with the Southeast Texas Arts Council (SETAC) The Administration recommends funding the Southeast Texas Arts Council $119,000 for FY 2002, with $100,000 funded through the Hotel Occupancy Tax Fund and $19,000 funded with general revenues. The City is entitled to utilize revenues derived from the hotel-motel occupancy tax to promote the arts. The City contracts with SETAC to distribute 80% of its contract payment to organizations like the Young Audiences of America, the Beaumont Civic Ballet and the Symphony of Southeast Texas. The remaining 20% is used for operating expenses. A copy of the staff memorandum is attached for your review. C) Authorize a one year contract with the Texas Energy Museum The Administration recommends funding the Texas Energy Museum $90,000 for FY 2002 from Hotel Occupancy Tax Funds. The City is entitled to utilize revenues derived from the hotel occupancy tax for historic preservation and the promotion of tourism. The Texas Energy Museum meets the above criteria by highlighting the history, along with current developments, of the oil industry in the Southeast Texas region. Funds are available in the FY 2002 budget. A copy of the staff memorandum is attached for your review. D) Authorize a one year contract with the Beaumont Heritage Society/John Jay French Museum The Administration recommends funding the Beaumont Heritage Society/John Jay French Museum $40,000 for FY 2002 from the Hotel Occupancy Fund. The City is entitled to utilize revenues derived from the hotel occupancy tax for historic preservation and the promotion of tourism. John J. French, an early settler in Beaumont, built the Greek Revival home which has been faithfully restored. The home contains furniture and fixtures from the mid 19'century. Funds are available in the FY 2002 budget. A copy of the staff memorandum is attached for your review. E) Authorize agreements for funding from the 2001 Consolidated Grant Program The Administration recommends that City Council authorize agreements for funding from the 2001 Consolidated Grant Program with the following: Anayat House, Beaumont Habitat for Humanity, Beaumont Main Street, Beaumont Police Activities League, Briggs-Cannon Community Empowerment Center, Court Appointed Special Advocates of S. E. Texas (CASA), Girl's Haven, Henry's Place, Martin Elementary School,Nutrition and Services for Seniors, Salvation Army Boys & Girls Club, Young Women's Christian Association(YWCA), Schlesinger Healthcare Centers, The Salvation Army, Charlton-Pollard Community Housing Development Corporation and Family Services of S. E. Texas. City Council approved the City's One-Year Action Plan on April 10, 2001 which provided funding for the above-named organizations. A copy of the staff memorandum is attached for your review. F) Approve an annual maintenance agreement for IBM equipment The Administration recommends payment of an invoice to International Business Machine Corporation (IBM) for the renewal of an annual maintenance agreement in the amount of $57,651.25. The maintenance contract provides service for the mainframe computers (AS/400) and peripheral equipment located in City Hall and the Police Department. Funds are available in the Information Services Division's FY 2002 Budget. A copy of the staff memorandum is attached for your review. G) Approve an annual maintenance agreement for HTE, Inc. software support The Administration recommends payment of an invoice in the amount of$40,200 to HTE, Inc. for software support. The HTE, Inc. software system is used by various city departments. The software maintenance agreement provides for unlimited telephone support and up to three software updates during the annual term. Funds are available in the Information Services Division's fiscal year 2002 budget. A copy of the staff memorandum is attached for your review. H) Authorize the City Manager to execute a lease agreement for 3670 East Lucas Drive, Unit No. 1 The Administration recommends authorizing the City Manager to execute a lease agreement for the Women, Infants and Children's (WIC) offices located at 3670 East Lucas Drive. Since 1995, the City has leased space for the north end WIC offices from Ms. Mary E. Hyde. The lease agreement expires on October 31, 2001. The Health Department is very satisfied with the location and desires to extend the agreement for an additional two years. The monthly fee will be increased by $50 to a total of$750. Also, included in the proposed agreement is an option to extend the agreement for an additional two year period. Expenditures for this lease are reimbursed by a State program sponsored by the Bureau of Nutrition Services. A copy of the staff memorandum is attached for your review. I) Authorize the City Manager to execute the Form ROW U43, the Three Party Utility Agreement for Southwestern Bell Telephone on the FM 364/Major Drive Improvement Project The Administration recommends approval of this item. The City of Beaumont, in cooperation with the Texas Department of Transportation has entered into an agreement to make improvements to FM 364/Major Drive from Humble Road to IH-10. Part of the agreement is to have any adjustments that may need to be made by both pipeline and utility companies submitted to the State for approval prior to authorizing any work to be done. The Form ROW U-43 must be executed by all parties involved as part of this process. A copy of the staff memorandum is attached for your review. A ...... City of Beaumont Council Agenda Item K g TO: City Council FROM: Stephen J. Bonczek, City Manager PREPARED BY: Andrea S. Deaton, Budget Officer MEETING DATE: October 2, 2001 AGENDA MEMO DATE: September 26, 2001 REQUESTED ACTION: Consider authorizing a one year contract with the Art Museum of Southeast Texas in the amount of$185,000. RECOMMENDATION The Administration recommends funding the Art Museum of Southeast Texas (AMSET) $185,000 for FY 2002 from Hotel Occupancy Tax and General Funds. BACKGROUND The City of Beaumont (City) and AMSET entered into a lease agreement on December 30, 1986 whereby the City and AMSET agreed to a 99-year lease on the land and building to be used as an art museum. The City supports AMSET with annual allocations, assistance with grounds keeping and garbage removal. In return AMSET is open to the general public and strives to provide programs and services to the entire community. Approximately 60,000 children and adults participate in Art Museum activities each year. The City is entitled to utilize a portion of its revenues derived from the hotel-motel occupancy tax to promote the arts. BUDGETARYIMPACT Funds are available in the FY 2002 budget with $60,000 funded through the Hotel Occupancy Tax Fund and $125,000 funded with general revenues. PREVIOUS ACTION None. SUBSEQUENT ACTION None. AMSET September 26, 2001 Page 2 RECOMMENDED BY: City Manager and Budget Officer. RECOMMENDED MOTION: Approve/Deny authorizing a one year contract with the Art Museum of Southeast Texas in the amount of$185,000. B City of Beaumont Council Agenda Item TO: City Council FROM: Stephen J. Bonczek, City Manager PREPARED BY: Andrea S. Deaton, Budget Officer MEETING DATE: October 2, 2001 AGENDA MEMO DATE: September 26, 2001 REQUESTED ACTION: Consider authorizing a one year contract with the Southeast Texas Arts Council (SETAC) in the amount of$119,000, with $100,000 funded through the Hotel Occupancy Tax Fund and $19,000 funded with general revenues. RECOMMENDATION The Administration recommends funding the Southeast Texas Arts Council $119,000 for FY 2002 from the Hotel Occupancy Tax and General Funds. BACKGROUND The City is entitled to utilize revenues derived from the hotel-motel occupancy tax to promote the arts. The City contracts with SETAC to distribute 80% of its contract payment to organizations like the Young Audiences of America, the Beaumont Civic Ballet and the Symphony of Southeast Texas. The remaining 20% is used for operating expenses. BUDGETARY IMPACT Funds are available in the FY 2002 budget. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY: City Manager and Budget Officer. SETAC September 26, 2001 Page 2 RECOMMENDED MOTION: Approve/Deny authorizing a one year contract with the Southeast Texas Arts Council (SETAC) in the amount of$119,000, with $100,000 funded through the Hotel Occupancy Tax Fund and $19,000 funded with general revenues. c ...... City of Beaumont •�• Council Agenda Item TO: City Council FROM: Stephen J. Bonczek, City Manager PREPARED BY: Andrea S. Deaton, Budget Officer MEETING DATE: October 2, 2001 AGENDA MEMO DATE: September 26, 2001 REQUESTED ACTION: Consider authorizing a one year contract with the Texas Energy Museum in the amount of$90,000 out of the Hotel Occupancy Tax Fund. RECOMMENDATION The Administration recommends funding the Texas Energy Museum, $90,000 for FY 2002 from Hotel Occupancy Fund. BACKGROUND The City is entitled to utilize revenues derived from the hotel-motel occupancy tax for historic preservation and the promotion of tourism. The Texas Energy Museum meets the above criteria by highlighting the history, along with current developments, of the oil industry in the Southeast Texas region. BUDGETARY IMPACT Funds are available in the FY 2002 budget. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY: City Manager and Budget Officer. Texas Energy Museum September 26, 2001 Page 2 RECOMMENDED MOTION: Approve/Deny authorizing a one year contract with the Texas Energy Museum in the amount of$90,000 out of the Hotel Occupancy Tax Fund. D .l Cit y of Beaumont •� Council Agenda Item TO: City Council FROM: Stephen J. Bonczek, City Manager PREPARED BY: Andrea S. Deaton, Budget Officer MEETING DATE: October 2, 2001 AGENDA MEMO DATE: September 26, 2001 REQUESTED ACTION: Consider authorizing a one year contract with the Beaumont Heritage Society/John Jay French Museum in the amount of $40,000 out of the Hotel Occupancy Tax Fund. RECOMMENDATION The Administration recommends funding the Beaumont Heritage Society/John Jay French Museum, $40,000 for FY 2002 from the Hotel Occupancy Fund. BACKGROUND The City is entitled to utilize revenues derived from the hotel-motel occupancy tax for historic preservation and the promotion of tourism. John J. French, an early settler in Beaumont, built the Greek Revival home which has been faithfully restored; the home contains furniture and fixtures from the mid 19th century. BUDGETARY IMPACT Funds are available in the FY 2002 budget. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY: City Manager and Budget Officer. Beaumont Heritage Society September 26, 2001 Page 2 RECOMMENDED MOTION: Approve/Deny authorizing a one year contract with the Beaumont Heritage Society/John Jay French Museum in the amount of$40,000 out of the Hotel Occupancy Tax Fund. E Cit y of Beaumont ML�• Council Agenda Item TO: City Council FROM: Stephen J. Bonczek, City Manager PREPARED BY: Johnny Beatty, Grants Administrat r MEETING DATE: October 2, 2001 AGENDA MEMO DATE: September 26, 2001 REQUESTED ACTION: Council consider entering into agreements for funding from the 2001 Consolidated Grant Program with Anayat House,Beaumont Habitat For Humanity, Beaumont Main Street (BUILD), Beaumont Police Activities League(PAL),Briggs-Cannon Community Empowerment Center, Court Appointed Special Advocates of S.E. Texas (CASA), Girl's Haven,Henry's Place,Martin Elementary School,Nutrition and Services for Seniors, Salvation Army Boys & Girls Club, Young Women's Christian Association (YWCA), Schlesinger Healthcare Centers,The Salvation Army,Charhon-Pollard Community Housing Development Corporation, and Family Services of S.E. Texas. RECOMMENDATION The administration recommends that Council enter into agreements for funding from the 2001 Consolidated Grant Program with the above named organizations. BACKGROUND Staff held two (2) public hearings, in order to secure comments, proposals and needs assessments relating to the One-Year Action Plan. All grant applications received were reviewed by the Community Development Advisory Committee(CDAC),and their recommendations,along with Staff recommendations, were considered by Council Members during a Council meeting on April 10, 2001. During the same meeting, City Council approved funding the above named programs from the 2001 Consolidated Grant Program. BUDGETARY IMPACT The 2001 Budget of$3,442,000 is comprised of$2,431,000 in Community Development Block Grant funds,$928,000 in HOME funds and$83,000 in Emergency Shelter Grant funds. The above named organizations will be funded from CDBG funds, with the exceptions of Henry's Place and The Salvation Army,which will be funded from the Emergency Shelter Grant,and Family Services of S.E. Texas, which will be funded from the 1999 Consolidated Grant Program. PREVIOUS ACTION City Council approved the City's One-Year Action Plan,Resolution No. 01-097,on April 10,2001, approving funding from the 2001 Consolidated Grant Program for the above named organizations. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager, Executive Assistant to City Manager/Economic Development Director, Planning Manager, Housing Manager and Grants Administrator. RECOMMENDED MOTION Approve/Deny entering into agreements for funding from the 2001 Consolidated Grant Program with Anayat House,Beaumont Habitat For Humanity,Beaumont Main Street(BUILD),Beaumont Police Activities League (PAL), Briggs-Cannon Community Empowerment Center, Court Appointed Special Advocates of S.E. Texas(CASA),Girl's Haven,Henry's Place,Martin Elementary School, Nutrition and Services for Seniors, Salvation Army Boys&Girls Club, Young Women's Christian Association (YWCA), Schlesinger Healthcare Centers, The Salvation Army, Charlton-Pollard Community Housing Development Corporation, and Family Services of S.E. Texas. T 1r K S E rF I E b F! 'U R5 T-I'MM, ublic So?%­r.es Requests C411MMI 1 Anayat House, Inc- 4,783.00 4,783-00 4,783.00 4,783.00 2 Beaumont Police Activities League 23,000.00 23,00000 22,268.00 22,268.00 3 Briggs-Cannon Community Empowerment Center 10,000.00 10,000.00 10,000.00 10,000.00 4 Court Appointed Special Advocates. of S. E. Texas 3,680.00 3.680.00 3,680.00 3,680.00 5 Family Services of S. E. Texas 300,000.00 50,000.00 6 French Elementary School 93,000.00 7. 7 Girl's Haven 52,595.00 — 4,595.00 4,595.00 -- -------------- 8 Institute for Educational Advancement 98,520.00 71,363.00 9 Mar-tin Elementary School 11,824.00 11,824.00 8,124.00 81124.00 10 Georgia Morris 300,000.00 11 Nutrition and Services for Seniors 15,250.00 15,250.00 15,250.00 15,250.00 12 Our Lady of Assumption Church 12,900.00 1- Salvation Army Boys& Girls Club 11.050.00 11,050.00 11.,050.00 11,050.00 14 Schlesinger 12250,00 12,250.00 12.250.00 12,250.00 15 South East Texas Community Dev Corp 175.000.00 16 Thag Johnson's Dance Studio of Performing Arts 41,900.00 41,900.00 17 Thug Johnson's Dance Studio of Performing Arts 61.500.00 18 Tyrrell House Assisted Living Center 100,000,00 19 Young Women's Christian Association 8,00000 8,000.00 8,000.00 8,000.00 TOTAL PUBLIC SERVICES 1,335,262.00 263,100.00 100,000.00 100,000.00 Emertienr_y Shcfter Re-quests 20 Salvation Army 60.000,00 60,000.00 60,000.00 60,000.00 21 Some Other Place/Henry's Place 2.3,000.00 23,000.00 23,000.00 23,000.00 TOTAL EMERGENCY SHELTER 83,000.00 83,000.00 83,000.00 83,000.00 Today, Mayor Moore said the objective of Council is the remaining $30,000 and each member is entitled to make recommendations. Councilmember Ames requested Council continue with approval for items previously discussed and allow time to review the remainder of the applications for future recommendations. Mayor Pro Tem Goodson continued discussion by stating he would like the Institute for Educational Advancement to receive funding consideration, even though it is a programmatic request and a departure from usual approval. He restated his views of bad experiences with programmatic funding by applicants continually applying and effectively using funds for salaries. However, Mayor Pro Tem Goodson stated that the Institute for Educational Advancement appears to be a start-up program, and they expect to have matching funds, and, if successful,they should be able to self-start and continue. Mayor Moore recommended moving forward with a motion to place $100,000 in public service, $73,656 into minor repair, and after further review, decide where to allocate the remaining $30,000. Councilmember Ames moved to allocate $50,000 of the 1999 reprogrammed Public Services funds to Family Services for emergency shelter services and $20,000 to Girl's Haven for playground equipment. Mayor Pro Tem Goodson seconded the motion. MOTION PASSED. Ayes: Mayor Moore, Mayor Pro Tem Goodson, Councilmembers Smith, Cokinos,Ames, Samuel, and Patterson Noes: None Councilmember Ames confirmed with Grants Administrator Johnny Beatty that the new program for juvenile delinquency through the Institute for Educational Advancement application is primarily programmatic,but if there is a portion that is not, that Council could specify funds be used for items that are not programmatic. Mayor Moore added that in all fairness there was another program presented for children in Martin Elementary School and requested it receive the same review, in an effort to be consistent. He suggested staff consult with Councilmembers to determine how to best utilize the funds efficiently. Mayor Moore stated that Council has taken appropriate action on everything except the $30,000 and recommended bringing the issue back in a final state when Council has had adequate time for review and are ready to take action. Councilmember Ames requested the Grant Administrator confer with Martin Elementary School and the Institute for Educational Advancement applicants to determine aspects that would qualify as non-programmatic. Mayor Moore interjected that the review should extend to all applicants so that Council may be as fair as possible. He requested that the City Manager and staff monitor the review with Council and bring the item back when the review is complete. Minutes April 10,2001 Page 6 City of Beaumont •�• Council Agenda Item M � K g TO: City Council FROM: Stephen J. Bonczek, City Manager PREPARED BY: Kirby Richard, Central Services Director MEETING DATE: October 2, 2001 AGENDA MEMO DATE: September 6, 2001 REQUESTED ACTION: Council approval to purchase an annual maintenance agreement for International Business Machine equipment. RECOMMENDATION Administration recommends payment of an invoice to International Business Machine Corporation (IBM) for the renewal of an annual maintenance agreement in the amount of$57,651.25. BACKGROUND The maintenance contract provides service for the mainframe computers (AS/400) and peripheral equipment located in City Hall and the Police Department. Competitive bids are not required because parts used to repair these units are captive replacement parts available only from one source. State law provides for the exemption of competitive bids when captive replacement parts can be purchased from only one source. IBM will maintain 122 pieces of equipment that include display stations,magnetic tape units,printers, remote location controllers,modems,local control units,token ring equipment,processors,scanners, and disk drives. IBM furnishes 24 hours, 7 days a week service on the equipment and provides replacement parts on the processors. In addition, IBM replaces outdated peripheral equipment with new equipment when repairs are needed. Annual Maintenance Agreement for IBM Hardware September 6, 2001 Page 2 This agreement excludes the maintenance of micro computers, small micro AS/400 printers, and laptop computers. The agreement is for an annual period beginning October 1, 2001 and ending September 30, 2002. Last year, the annual maintenance agreement was $67,114.70 for 198 pieces of IBM equipment. The decrease can be attributed to the removal of antiquated equipment that would cost less to replace than maintain. BUDGETARY IMPACT Funds are available in the Information Services Division's fiscal year 2002 budget. PREVIOUS ACTION None SUBSEQUENT ACTION None RECOMMENDED BY City Manager and Central Services Director. RECOMMENDED MOTION Approve/Deny renewal of an annual hardware maintenance agreement with International Business Machines in the amount of $57,651.25. G City of Beaumont •�• Council Agenda Item TO: City Council FROM: Stephen J. Bonczek, City Manager PREPARED BY: Kirby Richard, Central Services Director MEETING DATE: October 2, 2001 AGENDA MEMO DATE: September 27, 2001 REQUESTED ACTION: Council approval of a resolution to purchase an annual maintenance agreement for HTE, Inc. software support. RECOMMENDATION Administration recommends payment of an invoice in the amount of $40,200 to HTE, Inc. for software support. BACKGROUND HTE, Inc. software system is used by various city departments. The software maintenance agreement provides for unlimited telephone support and up to three (3) software updates during the annual term. This purchase is exempt from competitive bidding since it is available from only one (1) source having exclusive rights to modify and maintain the software. The maintenance agreement includes service for the following thirteen(13) software applications: SOFTWARE APPLICATION CONTRACT AMOUNT Building Codes / Building Permits $ 4,950 EMS / Billing $ 4,600 Finance / Accounts Receivable $ 2,250 Annual Agreement for HTE Software Support September 27, 2001 Page 2 SOFTWARE APPLICATION CONTRACT AMOUNT Finance / Asset Management $ 2,700 Finance / Cash Receipts $1,900 Finance / GMBA Accounting System $ 6,000 Finance / Loan Module $ 1,200 Finance / Occupational Licenses $ 2,050 Human Resources / Applicant Tracking $ 2,250 Imaging / Document Management Services $ 900 Payroll / Personnel $ 4,950 Public Works / Land Management $ 1,550 Purchasing / Inventory $ 4,900 TOTAL $ 40,200 Last year, twelve (12) applications were maintained at a cost of$35,385. BUDGETARY IMPACT Funds are available in the Information Services Division's fiscal year 2002 budget. PREVIOUS ACTION None SUBSEQUENT ACTION None RECOMMENDED BY: City Manager and Central Services Director. RECOMMENDED MOTION: Approve/Deny renewal of an annual contract for software support to HTE, Inc. in the amount of $40,200. H 1175 Cit y of Beaumont qw_ Council Agenda Item TO: City Council FROM: Stephen J. Bonczek, City Manager PREPARED BY: Kirby Richard, Central Services Director MEETING DATE: October 2, 2001 AGENDA MEMO DATE: September 24, 2001 REQUESTED ACTION: Council consideration to authorize the City Manager to execute a lease agreement for 3670 East Lucas Drive, Unit No. 1. RECOMMENDATION Administration recommends authorizing the City Manager to execute a lease agreement for the Women, Infants and Children's (WIC) offices located at 3670 East Lucas Drive. BACKGROUND Since 1995, the City has leased space for the north end WIC offices from Ms. Mary E. Hyde. The property is located in a small shopping center on East Lucas Drive, near the intersection of Helbig Road. The lease agreement expires on October 31, 2001. However, the Health Department is very satisfied with this location and desires to extend the agreement to retain use of the facility. This location is accessible and suitable for their client's needs. The attached agreement extends the existing lease under the same terms and conditions as the previous agreement, except for the rental fee amount, for an additional two (2) year term. The owner has requested that the monthly fee be increased by $50 to a total of$750. This is due to increases in the City's tax rate and the inflated cost of maintenance. Also included in the proposed agreement is an option to extend the agreement for an additional two (2) year period. All utilities and custodial costs associated with the 1,500 square foot facility are the responsibility of the City. Building and parking lot maintenance is provided by the owner. Renewal of Lease Agreement for WIC Office Space September 24, 2001 Page 2 BUDGETARY IMPACT Expenditures for this lease are reimbursed by a State program sponsored by the Bureau of Nutrition Services. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager, Central Services Director and Public Health Director. RECOMMENDED ACTION Approve/Deny authorizing the City Manager to execute a two (2) year lease agreement with Ms. Mary E. Hyde for WIC offices located at 3670 East Lucas Drive with monthly rental payments in the amount of$750. STATE OF TEXAS § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF JEFFERSON § LEASE AGREEMENT THIS AGREEMENT is made and entered into by and between Mary Elizabeth Hyde,hereinafter called"LESSOR,"and the City of Beaumont,hereinafter called"LESSEE." LESSOR and LESSEE, for and in consideration of the rents, covenants and agreements herein contained,mutually covenant and agree as follows: 1. LEASED PREMISES 1.1 LESSOR does by these presents Lease and Demise unto the said LESSEE the following described property,to-wit:Lying and being situated in the City of Beaumont and County of Jefferson State of Texas, and being one bay unit, approximately 30 feet by 50 feet in the metal building fronting on East Lucas Drive,Beaumont,Texas,having an address of 3670 East Lucas Drive,and being identified as Unit 1 of said commercial rental property. 2. TERM OF LEASE 2.1 The initial term of this lease shall be two(2)years,beginning the 1 st day of November 2001, and ending the 31 st day October 2003,to be occupied as a site to serve Women,Infants and Children(WIC) clients. 2.2 LESSEE may elect to extend the initial term of this lease agreement for an additional two- year term,beginning the 1 st day ofNovember 2003 and ending the 31 st day of October 2005,under the same terms and conditions as the initial term. 3. RENT 3.1 LESSEE agrees to pay as rental for the use and occupancy of the leased premises the sum of Seven Hundred Fifty Dollars($750.00), payable in advance on or before November 1,2001,thereafter payable Seven Hundred Fifty Dollars($750.00)per month,in advance, beginning December 1,2001, and a like amount on the first day of each succeeding month,including the first day of October,2003,when the last installment shall be due and payable. 4. MONTH-TO-MONTH RENTAL 4.1 It is agreed and understood that any holding over by the LESSEE of the hereby leased premises after the expiration of this lease, or any extension thereof, shall operate and be construed as a tenancy from month-to-month at a rental of Seven Hundred Dollars ($700.00)per month. 5. MAINTENANCE OF PROPERTY 5.1 That the LESSEE shall take good care of the property and its fixtures,and suffer no waste; be responsible for the removal of plumbing obstructions caused in association with operations in leased premises, and provide all janitorial services needed for the interior of the leased premises, during the term of this lease. 5.2 LESSEE agrees to accept possession of the premises in their present condition and to allow for changes in such condition occurring by reasonable deterioration between the date hereof and the date LESSEE occupies said premises; that no improvements or alterations shall be made in or to the hereby demised premises without the consent of the LESSOR in writing. 5.3 All alterations,additions and improvements,except trade fixtures,put in at the expense of LESSEE shall be the property of the LESSOR and shall remain upon and be surrendered with the premises as a part thereof at the termination of this lease. 5.4 At the end or other expiration of the term or extension thereof,LESSEE shall deliver up the demised premises in good order and condition,natural deterioration and damage by fire and the elements only excepted. 5.5 LESSOR agrees to repair and maintain the existing lighting in the parking area in front of -2 - the leased premises. 5.6 LESSOR shall also replace or repair damages to the exterior of the structure, including windows and doors. 6. SIGNS 6.1 The LESSEE shall not place any signs at,on,or about the premises except as and where first approved by the LESSOR; and the LESSOR shall have the right to remove any sign or signs in order to paint the building or premises or make any other repairs or alterations. Any existing signs shall be removed prior to LESSEE'S occupancy. 7. UTILITY COSTS 7.1 LESSEE shall provide and pay for all telephone expense and utility costs associated with the interior space. 7.2 LESSOR shall provide and pay for all utility costs associated with the exterior of the premises. 8. DAMAGE BY FIRE 8.1 That LESSEE shall, in case of fire, give immediate notice to the LESSOR, who shall thereupon cause the damage to be repaired forthwith; but if the premises be, by the LESSOR, deemed so damaged as to be unfit for occupancy,or if the LESSOR shall decide to rebuild or remodel the said building, the lease shall cease, and the rent be paid to the time of the fire. 9. SUBLEASES 9.1 That the LESSEE shall not assign this agreement or underlet the premises,or any part thereof(except as may be mentioned herein) or make any alterations in the building (except as may be mentioned herein)without the consent of the LESSOR in writing,or occupy or permit or suffer the same to be occupied for any business or purpose deemed extra hazardous on account of fire. - 3 - 10. COMPLIANCE WITH LAWS 10.1 LESSEE shall conduct its operations in the lease premises in compliance with all State, federal and local laws and regulations. Additionally, LESSEE will not create or maintain any nuisance in or upon the lease premises. 11. FORFEIT OF LEASE 11.1 That in case of default in any of the covenants herein, LESSOR may enforce the performance of this lease in any modes provided by law, and this lease may be forfeited at LESSOR'S discretion if such default continue for a period of ten(10)days after LESSOR notifies said LESSEE of such default and his intention to declare the lease forfeited, such notice to be sent by the LESSOR by certified mail;and thereupon(unless the LESSEE shall have completely removed or cured said default)the lease shall cease and come to an end as if that were the day originally fixed herein for the expiration of the term hereof. 11.2 LESSOR'S agent or attorney shall have the right, without further notice or demand,to re-enter and remove all persons and LESSEE'S property therefrom without being deemed guilty of any manner of trespass, and without prejudice to any remedies for arrears of rent or breach of covenant, or LESSOR'S agent or attorney may resume possession of the premises and re-let the same for the remainder of the term at the best rent said agent or attorney may obtain for account of the LESSEE, who shall make good any deficiency. 11.3 The LESSOR shall have a lien as security for the rent aforesaid upon all the goods,wares, chattels,implements,fixtures,furniture,tools,and other personal property which may be put on the demised premises. 12. BANKRUPTCY 12.1 In the event that the LESSEE shall become bankrupt or shall make a voluntary assignment, for the benefit of creditors, or in the event that a receiver of the LESSEE shall be appointed, then, at the option of the LESSOR and upon thirty(30)days notice to the LESSEE of the exercise of such option,this -4- lease shall cease and come to an end. 13. ADDRESSES OF LESSEE AND LESSOR 13.1 For purposes of payment of rent and notification, the following addresses shall be used unless changed in writing: LESSOR: Mary Elizabeth Hyde 25 Highland Park Village, Suite 100, #235 Dallas,TX 75205 LESSEE: City of Beaumont Central Services P. O. Box 3827 Beaumont,TX 77704-3827 EXECUTED this day of 92001. LESSOR: By: Mary Elizabeth Hyde Owner LESSEE: By: Stephen J. Bonczek, City Manager The City of Beaumont - 5 - City of Beaumont Council Agenda Item M ° c g TO: City Council FROM: Stephen J. Bonczek, City Manager PREPARED BY: Joris P. Colbert, City Engineer MEETING DATE: October 2, 2001 AGENDA MEMO DATE: September 26, 2001 REQUESTED ACTION: Council approval of a resolution authorizing the City Manager to execute the Form ROW U-43, the Three Party Utility Agreement for Southwestern Bell Telephone on the FM 364/Major Drive Improvement Project. RECOMMENDATION Administration recommends City Manager be authorized to execute Form ROW U-43. BACKGROUND The City of Beaumont, in cooperation with the Texas Department of Transportation has entered into an agreement to make improvements to FM 364/Major Drive from Humble Road to I1-1-10. Part of this agreement is to have any adjustments that may need to be made by both pipeline and utility companies submitted to the State for approval prior to authorizing any work to be done. The Form ROW U-43 must be executed by all parties involved as part of this process. BUDGETARYIMPACT None. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager, Public Works Director, and City Engineer. RECOMMENDED MOTION Approve/Deny authorizing the City Manager to execute the Form ROW U-43, the Three Party Utility Agreement for Southwestern Bell Telephone on the FM 364/Major Drive Improvement Project. AgenROW sk.wpd 09/26/2001 r nww.d. Form ROW-U43 7/2000 (Replaces Form D-1543) (Electronic version GSD-EPC Word 97) Page 1 of 2 THREE PARTY UTILITY AGREEMENT Agreement No. A t-,F0 2 6 County:Jefferson ROW CSJ No.: 786-01-064 Federal Project No.: Highway No.: FM 364 Contract No.: Account No.: 9120-00-001 This Agreement by and between the St?te of Texas,acting by and through the TexaS Trar.spoi-+ation Commission,hereinafter called the State,and The City of Beaumont ,Texas,acting by and through its duly authorized official under Ordinance No.: 92-192 dated the 28th day of July , 1992 ,hereinafter called the City, and Southwestern Bell Telephone , acting by and through its duly authorized representative,hereinafter called the Owner,shall be effective on the date of approval and execution by the State. WHEREAS, it has been determined necessary to make certain highway improvements in the State Highway System as designated by the State and generally described as follows: County Jefferson , Highway FM 364 , located from SH 105; To SH 124 ; and, WHEREAS,the State and the City have previous to this date entered into a contractual agreement,agreeing to handle by separate agreement the adjustment,removal or relocation of certain utility facilities necessitated as a result of highway improvements on the hereinabove designated project on the basis of an 80/20 State to City funding/participation ratio with the 80%State portion being in fact federal funds in which the State acts as steward; and, WHEREAS,the State as steward,and the City will participate in the costs of relocating and adjusting certain facilities of the Owner to the extent as may be eligible for State participation under Transportation Code,Title 6,Chap. 203, Sec. 203.092;and, WHEREAS,the Owner, in Affidavit,Form D-15-U],dated September 23, 1999 ,has asserted an interest in certain lands and that this proposed highway improvement will necessitate the adjustment,removal or relocation of certain facilities of the Owner now located upon such lands as indicated in the following statement of work: and WHEREAS,the State will administer federal funds in payment of the costs incurred in the adjusting of Owner's facilities under provisions of Title 23 Code of Federal Regulations, Part 645;and, WHEREAS,the State and the City desire to accomplish the adjustment,removal or relocation of the Owner's utility facilities by entering into an agreement with the Owner and such work is shown in more detail in Owner's preliminary plans,specifications and cost estimates which are attached hereto and made a part hereof,and which are prepared in the form and manner required by Title 23 Code of Federal Regulations, Part 645 and; WHEREAS,the State,City,and Owner wish to document their agreement for the effectuation of these terms, NOW,THEREFORE,BE IT MUTUALLY AGREED: The City will pay to the Owner the costs incurred in relocating and adjusting Owner's facilities up to the amount said costs may be eligible for state and federal cost participation with the State then reimbursing the City. The Owner has determined that the method to be used in developing the relocation or adjustment costs shall be as specified for the method checked and described hereafter: _(I)Actual direct and related indirect costs accumulated in accordance with a work order accounting procedure prescribed by the applicable federal or state regulatory body. X (2)Actual direct and related indirect costs accumulated in accordance with an established accounting procedure developed by the Owner and approved by the State. _(3)An agreed lump sum of S ,as supported by the detailed itemization of estimated costs attached hereto. Upon execution of this agreement by the parties hereto the City will, by written notice, authorize the Owner to proceed with the necessary adjustment,removal or relocation,and the Owner agrees to prosecute such work diligently in accordance with the plans attached hereto,to completion in such manner as will not result in avoidable interference or delay in either the State's highway construction or in the said work. Such authorization to proceed shall constitute notice on the part of the State that the utility relocation has been included in an approved program as an item of right of way acquisition,that a project agreement which includes the work has or will be executed,and that the utility relocation or adjustment will be required by the final approved project agreement and plans. If costs are developed under procedure(1)or(2)as before specified, upon satisfactory completion of the relocation or adjustment and upon receipt of a final billing from the Owner prepared in form and manner as prescribed by Title 23 Code of Federal Regulations Part 645 and after the required audit,the City will pay to the Owner the full amount of costs found eligible by said audit and the costs paid by the City pursuant to this agreement shall be full compensation to the Owner for the costs incurred in making such adjustment,removal or relocation. Bills for work contemplated herein shall be submitted to the City not later than ninety(90)days after completion of the work. The State will reimburse the City in an amount equal to eighty(80%)percent of the payment to the Owner by the City upon receipt of evidence and certificate that payment in this amount has been made to the Owner. The City agrees that if requested by the Owner,it will pay ninety(90%)percent of the total billed costs to the Owner upon receipt of Owner's final bill resulting in a ten(10%)percent retainage pending audit results. The City may elect to request its eighty(80%)percent reimbursement from the State if this option is elected. And,accordingly,upon conclusion of the audit and settlement of its findings all remaining retainage is to be promptly paid the Owner by the City and the City agrees to promptly request final reimbursement from the State. If costs are developed under procedure(3)as before specified,the City will,upon satisfactory completion of the relocation and adjustment by the Owner and upon receipt of a billing prepared in acceptable form,make payment to Owner in the agreed to amount.And as before,the City may then claim eighty(80%)reimbursement from the State. In this instance,no audit shall be required prior to payment. Form D-15-48 enclosed with Owner's preliminary estimate attached to this agreement, is approved as complying with Title 23,Code of Federal Regulations, Part 645, Sec.645.115 and Owner is authorized,but not required,to contract such work. The preliminary estimate will indicate the extent to which work is to be performed under each contract. Other work shall be contracted by Owner only with approval of the State in accordance with Title 23,Code of Federal Regulations,Part 645. In the event it is determined that a substantial change from the statement of work contained in this agreement is required, reimbursement therefor shall be limited to costs covered by a modification of this agreement or a written change or extra work order approved by the State. It is expressly understood that this agreement is subject to cancellation by the State at any time up to the date that work under this agreement has been authorized and that such cancellation will not create any liability on the part of the State. The Owner by execution of this agreement does not waive any of the rights which Owner may legally have within the limits of the law. City of Beaumont ,Texas EXECUTION RECOMMENDED: Dy. District Engineer,Texas Department of Transportation City Manager, Stephen J. Bonczek Beaumont District ATTEST: THE STATE OF TEXAS Certified as being executed for the purpose and effect of activating and/or carrying out the orders,established policies, or wort:programs heretofore approved and authorized by the Owner: Texas Transportation Commission By: By: Director,Right of Way Division Title: t+.g �1g1, -EA)S Date: Date: 720,8 j