HomeMy WebLinkAboutPACKET APR 26 2005 Tooftw
REGULAR MEETING OF THE CITY COUNCIL
COUNCIL CHAMBERS APRIL 26,2005 1:30 P.M.
CONSENT AGENDA
* Approval of minutes
Confirmation of committee appointments
A) Approve a contract to purchase fire protective clothing
B) Authorize the City Manager to renew a license agreement with Crockett Street
Development, Ltd., for a one(1)year term
C) Authorize the City Manager to renew a lease agreement with the State of Texas for
coastal public lands on the Neches River
D) Approve a resolution accepting maintenance of the street, storm sewer, water and sanitary
sewer improvements in Wooten Oaks Addition, Phase I Subdivision
E) Authorize the acquisition of Parcel 4 of the Martin Luther Ding, Jr. Park Project
F) Approve an agreement for the placement of fiber optic cable in the public right-of-way
City of Beaumont
......
•�• Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Kirby Richard, Internal Services Director
MEETING DATE: April 26, 2005
AGENDA MEMO DATE: April 18, 2005
REQUESTED ACTION: Council consider an annual contract to purchase fire protective
clothing.
RECOMMENDATION
Administration recommends the award of an annual contract to Casco Industries of Pasadena,Texas,
to furnish approximately forty(40)sets of fire protective clothing for the Beaumont Fire Department.
BACKGROUND
The clothing is made of fire retardant materials to provide protection from burns and exposure to
hazardous chemicals during fire fighting operations. The Fire Department has wear tested several
brands of protective clothing and has determined that the traditional style made by Globe
Manufacturing offers the greatest ease of movement while supplying the greatest amount of
protection to firefighters. Globe's traditional style features an "action back" which consists of
inverted pleats and underarm gussets that enhance mobility and freedom of movement. All of the
protective clothing sets currently issued to Beaumont Fire Department firefighters are Globe brand.
Fifty-one(5 1) sets of Globe protective clothing with suspenders were purchased in the past twelve
(12) months for$1,331 per set totaling $67,881.
Bids were solicited from two(2)authorized Globe distributors. One(1)bid was received as follows:
Vendor Qty. Pant& Coat Suspenders Total per Set Total
Casco Industries 40 $1,455 $37 $1,492 $59,680
Pasadena, TX
Purchase of Fire Protective Clothing
April 18,2005
Page 2
BUDGETARYIMPACT
Funds are available in the Fire Department's operating budget.
PREVIOUS ACTION
None.
SUBSEQUENT ACTION
None.
RECOMMENDED BY
City Manager, Internal Services Director, and Fire Chief.
City of Beaumont
117EJ7!J Council Agenda Item
.0WIMNIUMIM.
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Lenny Caballero, Projects Coordinator
MEETING DATE: April 26, 2005
AGENDA MEMO DATE: April 22, 2005
REQUESTED ACTION: Council approve a resolution authorizing the City Manager to renew
a license agreement with Crockett Street Development, Ltd., for a
one(1)year term.
RECOMMENDATION
Administration recommends approval of a license agreement with Crockett Street Development,
Ltd., for the use of the Crockett Street right-of-way from Main to Pearl Streets.
BACKGROUND
The City ofBeaumont and Crockett Street Development entered into a private/public partnership to
develop Crockett Street. The City was responsible for paving, sidewalk and lighting improvements
on Crockett Steet Street.
The license will provide Crockett Street Development exclusive use of the Crockett Street right-of-
way from Main to Pearl. Under the terms of the license, Crockett Street Development may limit
vehicular and pedestrian traffic to this section of Crockett Street.In return for this exclusive license,
Crockett Street Development agrees to provide the City written notice seven(7)days in advance,in
order limit pedestrian access and remit to the City a fee of ten(10)percent of the gross receipts for
admission if the event is a"for profit." There is no charge for"non profit" events. Additionally,the
maintenance of the infrastructure on Crockett Street from Main to Pearl will be the responsibility of
Crockett Street Development. Also included in the license is an indemnification clause and the
requirements for insurance with the City as a name insured. Should the one(1)year term expire,the
license will continue from month to month until such date as it is renewed by the City Council.
BUDGETARY IMPACT
The City has received $19,303.20 since June of 2003.
PREVIOUS ACTION
None.
SUBSEQUENT ACTION
None.
RECOMMENDED BY
City Manager and Public Works Director.
LICENSE
STATE OF TEXAS §
ALL MEN BY THESE PRESENTS:
COUNTY OF JEFFERSON §
On the date last indicated below, the City of Beaumont, a municipal corporation of
Beaumont, Jefferson County, Texas, (hereinafter called "Licensor") and Crockett Street
Development Ltd. (hereinafter called "Licensee") contract and agree as set forth herein.
Licensee desires an exclusive license from Licensor to use the real property the subject
of this License Agreement described as follows: Crockett Street right-of-way between
Main and Pearl Streets(herein"Licensed Premises"). Licensee may limit vehicular access
to the Licensed Premises, but may not limit pedestrian access at any time except as
follows: Should Licensee desire to limit pedestrian access to the Licensed Premises,they
must first provide Licensor with written notice at least seven (7) days in advance. If an
admission charge is assessed or compensation is paid to Licensor for use of the Licensed
Premises and the event is a"for profit" event, the fee paid to Licensor shall be ten percent
(10%)of the gross receipts for admission to the event. There shall be no fee for non-profit
events, but Licensor shall still be given at least seven (7) days as set out above. "Non-
profit" event, as used in this License, means that 100% of the admission fee for the event
is received by the organization for which the event is held and the organization is a
charitable organization as defined by the Tax Code of the State of Texas. Should
Licensee fail to comply with the notice and fee provisions of this paragraph, this License
may be terminated immediately. Licensor shall be allowed to audit the financial records
Page 1 CAWPDOCS\CONTRACTS&AGREEMENTSILIC AGRMT-CSDC REVAPD
of "for profit" events to verify payment accuracy. Such audit will occur during normal
business hours.
Truck deliveries to the Crockett Street development will be limited to the Licensed
Premises. No truck delivery will be made on either Main Street or Pearl Street.
Licensed Premises may continue to be occupied and used by Licensee solely in
connection with the Crockett Street development and for incidental purposes related
thereto during the term of this License or until termination thereof. Said License shall be
for a term of one (1) year from and after the date of its approval by the City Council of
Licensor. Should the one (1) year term expire, the license will continue from month to
month until such date as it is renewed by the City Council.
No permanent improvements shall be made upon the Licensed Premises without
first obtaining the written consent of Licensor by and through its City Manager or his
designee and providing a copy of the notice to Licensor in writing of how, when and to
what extent such improvements are to be made. A copy of this License shall be attached
to such notice.
In the event Licensor, by resolution of the City Council, determines there is a public
need of the subject property or any part thereof,for the benefit of the Licensor or to protect
the health, safety or welfare of the public, and it terminates this License or any part
thereof, Licensee shall not receive any compensation and the Licensor shall not be liable
therefor whether for the value of the property taken, damage to the abutting or remaining
property or improvements, loss of business or profit, loss of access, or otherwise.
Page 2 CAWPDOMCONTRACTS&AGREEMENTMM AGRMT-CSDC REV.WPD
Licensee shall, at all times of use under this License, be liable for all liability and/or
damage claims for injury or death of persons or property from any cause whatsoever
relating to the occupancy of the premises by Licensee, including those arising out of
damages or losses occurring on sidewalks and other areas adjacent to the Licensed
Premises, during the term of this License or any extension thereof. Licensee agrees to
indemnify and save harmless Licensor from any and all claims, causes of action,
and damages of every kind for injury to or death of any person and damages to
property arising out of the occupancy and use of Licensed Premises or the
operations embraced by this License and including acts or omissions of Licensor
in connection therewith.
Licensee shall carry public liability and property damage insurance covering
operations hazards, and including Licensee's obligations under the indemnification
provision contained in this License(with a company acceptable to Licensor)with Licensor
as a named insured in the sum of$1 million in the aggregate. Should Licensor determine
at any time during the term of this License Agreement that the above coverage is
inadequate, it shall notice Licensee in writing to increase the amount of such insurance so
the same shall be adequate. The failure of Licensee to obtain said additional insurance
within thirty (30) days of Licensors request shall constitute a breach of this License. A
copy of the original policy shall be filed with the City Clerk of City.
As part of the consideration for this License Agreement, Licensee shall pay to
Licensor the sum of$10.00 (Ten and No/100 Dollars), said sum being non-refundable.
Page 3 CAMDOMCONTRACTS&AGREEMENTSUC AGRMT-CSDC REV.WPD
Licensee recognizes that this License does not affect the use of the Licensed
Premises by Licensor or any entity with a franchise to use City rights-of-way.
This Agreement is terminable by either party by giving written notice to the other
specifying the date of termination. Said notice shall be given not less than thirty(30)days
prior to the termination date therein specified.
This License is neither assignable nor transferrable except (1) in conjunction with
and as part of Licensee's conveyance of all the abutting property and (2)occupancy and
use of the Licensed Premises by a lessee leasing abutting property from Licensee (in
which case Licensee is not relieved from its obligations owed to Licensor hereunder). This
License survives through probate or warranty deed or lease. In any such event, other than
lease of abutting property, Licensor shall be notified of such occurrence by being delivered
a copy of the document or documents conveying the abutting property.
This License shall include the right of Licensee to have balcony structures which
extend into the Licensed Premises.
Licensee shall be responsible for all maintenance, repair and upkeep of the
Licensed Premises, including, but not limited to, brick pavers, decorative lighting, arches
and lighting on arches and curbs.
Any notice to Licensor shall be sufficient if it is mailed or hand-delivered to the
Office of the City Manager, City of Beaumont, P. O. Box 3827, Beaumont, Texas, 77704.
Any notice to Licensee shall be sufficient if mailed or hand-delivered to the owner at 490
Park Street, Suite 200, Beaumont, Texas, 77701.
Page 4 CAWPDOCS\CONTRACTS&AGREEMENTS�LIC AGRMT-CSDC REV.WPD
IN WITNESS WHEREOF, the parties have executed this Agreement as of
the day of , 2005.
LICENSOR
CITY OF BEAUMONT
By:
Kyle Hayes, City Manager
LICENSEE
CROCKETT STREET DEVELOPMENT,
LTD.
By:
Tom Flanagan, President
Page 5 CAMDOMCONTRACTS&AGREEMENTS\LIC AGRMT-CSDC REV.WPD
ACKNOWLEDGMENT
STATE OF TEXAS §
COUNTY OF JEFFERSON §
BEFORE ME, the undersigned authority, on this day personally appeared KYLE
HAYES, City Manager of the City of Beaumont, a municipal corporation of the State of
Texas, known to me to be the person whose name is subscribed to the foregoing
instrument, and acknowledged to me that he executed the same for the purposes and
considerations therein expressed, in the capacity therein stated, and as the act and deed
of the City of Beaumont.
GIVEN under my hand and seal of office this the day of ,
2005.
Notary Public in and for the State of Texas
Page 6 CAMDOMCONTRACTS&AGREEMENTSUC AGRMT-CSDC REV.WPD
ACKNOWLEDGMENT
STATE OF TEXAS §
COUNTY OF JEFFERSON §
BEFORE ME, the undersigned authority, on this day personally appeared Tom
Flanagan, President of Beaumont Crockett Street Management, Inc., General Partner,
known to me to be the person whose name is subscribed to the foregoing instrument, and
acknowledged to me that he executed the same for the purposes and considerations
therein expressed, in the capacity therein stated, and as the act and deed of Beaumont
Crockett Street Management, Inc., General Partner.
GIVEN under my hand and seal of office this the day of ,
2005.
Notary Public in and for the State of Texas
Page 7 CAMDOMCONTRACTS&AGREEMENTS\LIC AGRMT-CSDC REV.WPD
c
City of Beaumont
Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Kirby Richard, Internal Services Director
MEETING DATE: April 26, 2005
AGENDA MEMO DATE: April 18, 2005
REQUESTED ACTION: Council consider authorizing the City Manager to renew a lease
agreement with the State of Texas for coastal public lands on the
Neches River.
RECOMMENDATION
Administration recommends authorizing the City Manager to renew a five (5) year lease
agreement with the State of Texas, beginning June 19, 2005 and expiring June 18, 2010. This
lease agreement provides for a public recreation facility on coastal public lands on the Neches
River, adjacent to Collier's Ferry Park.
BACKGROUND
The lease area is for a two-lane, reinforced concrete ramp and piers, situated on the Neches River
at Collier's Ferry Landing. This ramp is a public boat ramp utilized by the citizens of Beaumont.
The lease agreement requires that the Lessee maintain and/or repair any improvements on the
premises. Additionally, the City agrees to hold the State harmless for any liability or damages
arising out of the use of the lease. As consideration for the right to use the premises, the City of
Beaumont agrees to pay the State an advance payment of Twenty-Five Dollars ($25.00) as a one-
time application fee for the five (5) year term. No other consideration is required.
A copy of the lease agreement is provided for your review.
Collier's Ferry Boat Ramp Lease Agreement
April 26, 2005
Page 2
BUDGETARY IMPACT
None.
PREVIOUS ACTION
None.
SUBSEQUENT ACTION
None.
RECOMMENDED BY
City Manager and Internal Services Director.
01DaurRnrsn Se 11PNbrenda\My Fm Par grn 1k Apr G5-ku¢{'olliefs Ferty d
The State of Texas
m
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Austin,Texas
RENEWAL OF
COASTAL LEASE NO.CL940006
STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF JEFFERSON §
This Coastal Lease No. CL940006 (the "Agreement") is issued by virtue of the authority granted in Chapter 33, TEX.
NAT. RES. CODE ANN. and Title 31, TEX. ADMIN. CODE, Chapter 155 and all amendments thereto, and all other
applicable statutes and rules, as the same may be promulgated and/or amended from time to time.
ARTICLE I. PARTIES
1.01. In consideration of the mutual covenants and agreements set forth herein, the STATE OF TEXAS, acting by
and through the School Land Board and its Chairman, the Commissioner of the General Land Office (the "State"),
hereby authorizes the City Of Beaumont(the"Lessee")whose address is PO Box 3827,Beaumont, TX 77704-3827,to
use the"Premises"(defined below)for the purposes identified in Article V below.
ARTICLE H. PREMISES
2.01. The coastal public land Lessee may use is described as follows:
A portion of the Neches River, Jefferson County, Texas (the "Premises"). The Premises are
further described and depicted on Exhibits A,B,and C,attached hereto and incorporated herein by
reference.
2.02. Lessee acknowledges and agrees that when any authorized.improvements are placed on the Premises, the
location of such improvements shall thereby become fixed at such location and shall not be changed except by a
written amendment to this Agreement.
2.03. LESSEE HAS INSPECTED THE PHYSICAL AND TOPOGRAPHIC CONDITION OF THE PREMISES AND ACCEPTS
THE SAME "AS IS", IN ITS EXISTING PHYSICAL AND TOPOGRAPHIC CONDITION. THE STATE DISCLAIMS ANY AND
ALL WARRANTIES OF HABITABILITY, MERCHANTABILITY, SUITABILITY, FITNESS FOR ANY PURPOSE, AND ANY
OTHER WARRANTY WHATSOEVER NOT EXPRESSLY SET FORTH IN THIS AGREEMENT. THE STATE AND LESSEE
HEREBY ACKNOWLEDGE AND AGREE THAT USE OF THE TERM "GRANT" IN NO WAY IMPLIES THAT THIS
AGREEMENT IS FREE OF LIENS, ENCUMBRANCES AND/OR PRIOR RIGHTS. NOTICE IS HEREBY GIVEN TO LESSEE
THAT ANY PRIOR GRANT AND/OR ENCUMBRANCE MAY BE OF RECORD AND LESSEE IS ADVISED TO EXAMINE THE
RECORDS IN THE ARCHIVES AND RECORDS DIVISION OF THE GENERAL LAND OFFICE, 1700 NORTH CONGRESS
AVENUE,AUSTIN, TEXAS 78701-1495,AND ALL RECORDS OF THE COUNTY IN WHICH THE PREMISES ARE LOCATED.
LESSEE IS NOT RELYING ON ANY REPRESENTATION OR WARRANTY OF THE STATE REGARDING ANY ASPECT OF
THE PREMISES,BUT IS RELYING ON LESSEE'S OWN INSPECTION OF THE PREMISES.
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ARTICLE III. TERM
3.01. This Agreement is for a period of five (5) years, beginning on June 19, 2005, and ending on June 18, 2010,
rnless renewed or terminated as provided herein.
ARTICLE IV. CONSIDERATION AND TAXES
4.01. As consideration(the "Consideration") for the right to use the Premises,Lessee agrees to pay the State the sum
of Twenty-five and 00 1100 Dollars($25.00)as an application fee.No other consideration is required.
4.02. In addition to the above,Lessee shall pay and discharge any and all taxes, general and special assessments,and
other charges which during the term of this Agreement may be levied on or assessed against the Premises or any
improvements constructed or installed thereon(the"Taxes"). Lessee shall pay such Taxes at least five(5)days prior to
the date of delinquency directly to the authority, official or entity charged with collection. Lessee may, in good faith
and at its sole cost and expense, contest any Tax and shall be obligated to pay the contested amount only if and when
finally determined to be owed.
ARTICLE V. USE OF THE PREMISES
5.01. A. In connection with Lessee's use of the Premises, Lessee may construct and/or maintain the following
improvements: a public wood piling pier consisting of 4'X 49, 6' X 49', 4'X 50', 5' X 89', 5' X 13', 5' X 95' and two
(2) 4' X 31' walkways comprising an total encumbrance of 1,923 square feet; and a 4' X 20' area of no-fee rirpap
encumbering an additional 80 square feet; and two(2) 19'X 30' concrete boat ramps encumbering an additional 1,140
square feet; and, a 5' X 95' and 13' X 84' areas of fill encumbering an additional 1,567 square feet, for a total project
encumbrance of 4,710 square feet of coastal public land, as depicted on Exhibit C attached hereto and incorporated
herein by reference (the "Improvements"). Lessee.shall not use the Premises for any other purpose without prior
written consent from the State, which consent may be granted or withheld in the State's sole discretion. Lessee is
specifically prohibited from using or permitting the use of the Premises for any commercial or illegal purpose.
Provided the State does not unreasonably interfere with Lessee's use of the Premises, the State may use or permit the
use of the Premises for any purpose consistent with Lessee's use of the Premises.
B. Lessee shall comply, and cause its officers, employees, agents, representatives, contractors and invitees to
comply, with applicable laws, ordinances, rules and regulations of all governing authorities with jurisdiction over the
Premises. Lessee is specifically notified of its need to comply with laws and regulations enacted for the purpose of
protecting and preserving public lands and waters.
C. Lessee shall permit the State's agents, representatives, and employees to enter into and on the leased
premises at all reasonable times for the purpose of inspection and any other reasonable purpose necessary to protect the
State's interest in the leased Premises.
D. Lessee may not charge any holder of a valid mineral lease or other grant of interest from the State for
surface damages for the use of the leased Premises. All such damage payments shall be made directly to the State.
Lessee, however, may seek compensation for damages to personal property in an action against the holder of a valid
mineral lease or other grant-of-interest issued by the State. This damage limitation in.no way limits the liability of
third parties in an action at law for damages inflicted upon Lessee by acts of negligence.
E. Except as otherwise provided herein, Lessee shall have the right to file a criminal complaint or institute
civil proceedings to protect Lessee's right of possession and leasehold interest in the leased Premises.
F. Lessee shall use the highest degree of care and all appropriate safeguards to prevent pollution of air,ground
and water in and around the Premises, and to protect and preserve natural resources and wildlife habitat. In the event
of pollution of or damage to natural resources in or around the Premises which is the result of an act or omission of
Lessee, its officers,employees, agents,representatives,contractors, and/or invitees,Lessee shall immediately notify the
CL940006 2 renewd.doc V 2.0
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State and undertake all required and appropriate action to remedy the same. Lessee shall be liable for all damages
and/or mitigation to the Premises and public lands and waters as a result of such act or omission.
G. LESSEE IS EXPRESSLY PLACED ON NOTICE OF THE NATIONAL HISTORICAL PRESERVATION ACT OF 1966,
(PB-89-66, 80 STATUTE 915; §470)AND THE ANTIQUITIES CODE OF TEXAS, CHAPTER 191,TEX. NAT.RES. CODE ANN.
AND ALL AMENDMENTS THERETO. IN THE EVENT THAT ANY SITE, OBJECT, LOCATION, ARTIFACT OR OTHER
FEATURE OF ARCHEOLOGICAL,SCIENTIFIC,EDUCATIONAL,CULTURAL OR HISTORIC INTEREST IS ENCOUNTERED
DURING THE ACTIVITIES AUTHORIZED BY THIS AGREEMENT, LESSEE WILL IMMEDIATELY CEASE SUCH
ACTIVITIES AND WILL IMMEDIATELY NOTIFY THE STATE AND THE TEXAS HISTORICAL COMMISSION, P.O. BOX
12276, AUSTIN, TEXAS 78711, SO THAT ADEQUATE MEASURES MAY BE UNDERTAKEN TO PROTECT OR RECOVER
SUCH DISCOVERIES OR FINDINGS,AS APPROPRIATE.
5.02. A. Lessee's use of the Premises is subject to compliance with the following covenants, obligations and
conditions(the"Special Conditions"):None.
B. Prior to undertaking construction or installation of Improvements on the Premises, Lessee shall provide
written notice of the terms of this Agreement, including the Special Conditions,to each person or entity authorized by
Lessee to perform any such activity on its behalf. Lessee shall retain a copy of each such written notice provided to its
agents, representatives, employees, and/or contractors under this provision and, if a dispute arises concerning
construction or installation of the Improvements, Lessee shall provide the State with a copy of all applicable notices
within ten(10)days of the State's written request. Lessee's failure to maintain and provide each required written notice
shall constitute a default under this Agreement.
5.03. If Lessee fails to maintain and/or repair Improvements in good condition and repair, such failure shall constitute
a default under this Agreement and the State may,at its option,terminate this Agreement upon written notice to Lessee
or pursue a remedy under Section 51.3021, TEX. NAT. RES. CODE ANN. and all amendments thereto. If Lessee
construct§improvements other than those authorized in Article V, such improvements shall constitute illegal structures
and the State may, at its option, terminate this Agreement or pursue a remedy under Section 51.302, et seq., TEX.
NAT.RES.CODE ANN. and all amendments thereto.
ARTICLE VI. ASSIGNMENTS AND SUBLEASES
6.01. LESSEE SHALL NOT ASSIGN THIS AGREEMENT OR THE RIGHTS GRANTED HEREIN, OR SUBLEASE ANY
PORTION OF THE PREMISES,IN WHOLE OR PART,TO ANY THIRD PARTY FOR ANY PURPOSE WITHOUT THE PRIOR
WRITTEN CONSENT OF THE STATE,WHICH MAY BE GRANTED OR WITHHELD IN THE STATE'S SOLE DISCRETION.
ANY UNAUTHORIZED ASSIGNMENT OR SUBLEASE SHALL BE VOID AND OF NO EFFECT,AND SUCH ASSIGNMENT OR
SUBLEASE SHALL NOT RELIEVE LESSEE OF LIABILITY UNDER THIS AGREEMENT.
ARTICLE VII. INDEMNITY
7.01. TO THE EXTENT ALLOWABLE BY LAW, LESSEE AGREES TO INDEMNIFY AND HOLD THE STATE, ITS
SUCCESSORS, ASSIGNS, OFFICERS, AGENTS, REPRESENTATIVES, CONTRACTORS AND EMPLOYEES (THE
"INDEMNIFIED PARTIES") HARMLESS FROM AND AGAINST ALL CLAIMS, PROCEEDINGS, ACTIONS, DAMAGES,
JUDGMENTS, LIABILITIES, AWARDS AND EXPENSES WHATSOEVER, INCLUDING STRICT LIABILITY CLAIMS (THE
"CLAIMS")WITHOUT LIMIT AND WITHOUT REGARD TO THE CAUSE OR CAUSES THEREOF OR THE NEGLIGENCE OF
THE INDEMNIFIED PARTIES, THAT MAY BE BROUGHT, INSTITUTED OR AWARDED ON ACCOUNT OF OR GROWING
OUT OF ANY AND ALL INJURIES OR DAMAGES, INCLUDING DEATH, TO PERSONS OR PROPERTY RELATING TO OR
RESULTING FROM,DIRECTLY OR INDIRECTLY: (I)ANY OCCURRENCE IN,UPON,AT OR FROM THE PREMISES OR ANY .
PART THEREOF,OR(H)THE USE OR OCCUPANCY OF THE PREMISES OR ANY PART THEREOF,TOGETHER WITH ANY
AND ALL LOSSES THERETO, INCLUDING, WITHOUT LIMITATION, ALL COSTS OF DEFENDING AGAINST,
INVESTIGATING AND SETTLING THE CLAIMS. IT IS THE EXPRESSED INTENTION OF THE PARTIES HERETO THAT
THE INDEMNITY PROVIDED FOR IN THIS SECTION 7.01 IS AN INDEMNITY BY LESSEE TO INDEMNIFY AND PROTECT
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THE INDEMNIFIED PARTIES FROM THE CONSEQUENCES OF THE INDEMNIFIED PARTIES'OWN NEGLIGENCE WHERE
THAT NEGLIGENCE IS A CONCURRING CAUSE OF THE CLAIM. THIS INDEMNITY SHALL HAVE NO APPLICATION TO
ANY CLAIM WHERE THE CLAIM RESULTS FROM THE SOLE NEGLIGENCE OF THE STATE. LESSEE'S OBLIGATION OF
NDEMNITY SET FORTH HEREIN SHALL SURVIVE EXPIRATION OF THIS AGREEMENT.
ARTICLE VIII. DEFAULT,TERMINATION AND EXPIRATION
8.01. If Lessee fails or refuses to remedy a default under this Agreement within thirty(30) days of the State's written
notice specifying such default, the State may terminate this Agreement by sending written notice of termination to
Lessee in accordance with Article IX. Upon the effective date of such notice, this Agreement shall terminate and
neither party shall have any further rights or obligations except for those accruing prior to the effective date of
termination and/or those which specifically survive termination of this Agreement.
8.02. Unless waived in writing by the State prior to termination of this Agreement, Lessee shall,within one hundred
'twenty (120) days from the termination date, remove all personal property, structures and improvements (including,
without limitation, the Improvements) from the Premises and restore the Premises (and all other property affected by
Lessee's removal activities) to the same condition that existed prior to the placement, construction, or installation
thereof on the Premises. Lessee's activities shall be conducted in accordance with General Land Office guidelines in
effect at the time of such activity, including, without limitation, specific techniques required for protection of natural
resources and mitigation, or payment in lieu of mitigation, for damages resulting from removal activity. Upon such
termination Lessee shall notify the State in writing within ten(10)days following completion of Lessee's removal and
restoration activity. Lessee's obligations to perform or undertake any specific activity under this Agreement, including
the foregoing removal provision, shall survive termination of this Agreement.
ARTICLE IX. NOTICE AND INFORMATION REQUIREMENTS
9.01. A. Any notice given under the terms of this Agreement shall be in writing and either delivered by hand, by
facsimile or sent by United States first class mail, adequate postage prepaid, if for the State,to Deputy Commissioner,
Asset Inspection, 1700 North Congress Avenue, Austin, Texas 78701-1495, and if for Lessee, to City Of Beaumont,
PO Box 3827, Beaumont, TX 77704-3827. Any party's address may be changed from time to time by such party by
giving notice as provided above, except that the Premises may not be used by Lessee as the sole notice address. No
change of address of either party shall be binding on the other party until notice of such change of address is given as
herein provided.
B. For purposes of the calculation of various time periods referred to in this Agreement, notice delivered by
hand shall be deemed received when delivered to the place for giving notice to a party referred to above. Notice mailed
in the manner provided above shall be deemed completed upon the earlier to occur of(i)actual receipt as indicated on
the signed return receipt,or(ii)three(3)days after posting as herein provided.
9.02. Lessee shall provide written notice to the State of any change in Lessee address within ten(10)business days of
such change.
9.03. Lessee shall provide the State with information reasonably requested in writing within thirty(30) days of such
request.
ARTICLE X. MISCELLANEOUS PROVISIONS
10.01. Neither acceptance of Consideration or any other sum payable under this Agreement(or any portion thereof)by
the State, nor failure by the State to complain of any act or omission of Lessee, shall constitute a waiver by the State of
its rights under this Agreement. Waiver by the State of any covenant, duty or obligation of Lessee under this
Agreement shall be in writing and signed by a duly authorized representative of the State. Waiver by the State shall be
limited to the act or omission specified in writing and shall not constitute a waiver of any other covenant, duty or
obligation of Lessee under this Agreement,whether of the same or different subject matter.
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10.02. All monetary obligations of the State and Lessee (including, without limitation, any monetary obligation for
damages for any breach of the respective covenants, duties or obligations of either parry hereunder) are performable
exclusively in Austin,Travis County,Texas.
10.03. This instrument, including exhibits, constitutes the entire agreement between the State and Lessee and no prior
written or oral or contemporaneous oral promises,warranties or representations shall be binding. This Agreement shall
not be amended except by written instrument signed by the State and Lessee.
IN TESTIMONY WHEREOF,witness my hand and the Seal of Office.
LESSOR: LESSEE:
THE STATE OF TEXAS City Of Beaumont
By: By:
JERRY E.PATTERSON (signature)
Commissioner, General Land Office
Chairman, School Land Board
(Printed Name)
Date:
(Title)
Date:
APPROVED:
Contents:,U It-- v v
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Deputy:
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Title: City of Beaumont CL940006 Date of Inspection: 1-21-05
Company: Texas General Land Office Creator: Jeff Davis
Scale: 1 in. Equals 40 ft. EXHIBIT C
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ilCity of Beaumont
•�• Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Joris P. Colbert, City Engineer
MEETING DATE: April 26, 2005
AGENDA MEMO DATE: April 21, 2005
REQUESTED ACTION: Council consider a resolution accepting maintenance of the street,
storm sewer, water and sanitary sewer improvements in Wooten
Oaks Addition, Phase I Subdivision.
RECOMMENDATION
Administration recommends approval of the following:
• Oak Pointe from existing Wooten Road approximately 490 linear feet east
to Willowglen Drive.
• Willowglen Drive from Oak Pointe approximately 153 linear feet south to
the 3-OM-4P end of roadway markers.
Also, recommended for approval are the water and sanitary improvements for Lots 1-11 and Lots
48-54, Block 6.
BACKGROUND
The aforementioned improvements in the subdivision passed final inspection from all entities
involved on April 15, 2005.
BUDGETARY IMPACT
None.
PREVIOUS ACTION
None.
SUBSEQUENT ACTION
None.
RECOMMENDED BY
City Manager, Public Works Director and City Engineer.
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April 21,2005
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City of Beaumont
Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Joris P. Colbert, City Engineer
MEETING DATE: April 26, 2005
AGENDA MEMO DATE: April 19, 2005
REQUESTED ACTION: Council consider a resolution authorizing the acquisition of Parcel
4 of the Martin Luther King, Jr. Park Project.
RECOMMENDATION
The owners of the property listed below have agreed to accept the appraised value for their
property for right-of-way on the Martin Luther King, Jr. Park Project:
Parcel 4: Lot 9, Block 9, Van Wormer Addition (967 Wall Street)
Appraiser: Bishop Real Estate Appraisers, Inc.
Total Appraised Value: $7,000
Owner: Byron L. Lewis and wife, Dwana Lewis
Administration recommends authorization to acquire this property.
BACKGROUND
There are nine (9) parcels in this project.
BUDGETARY IMPACT
This project is funded under the Capital Improvement Program.
PREVIOUS ACTION
None.
SUBSEQUENT ACTION
None.
RECOMMENDED BY
City Manager, Public Works Director and City Engineer.
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April 19,2005
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Cit y of Beaumont
Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Mark Horelica, Transportation Administrator
MEETING DATE: April 26, 2005
AGENDA MEMO DATE: April 21, 2005
REQUESTED ACTION: Council consider entering into an agreement with Onfiber
Communications, Inc, for the placement of fiber optic cable in the
public right-of-way.
RECOMMENDATION
Administration recommends approval of an agreement between Onfiber Communications,Inc,and
the City of Beaumont for the placement of fiber optic cable in the public right-of-way.
BACKGROUND
Several long distance companies currently have agreements in force with the City for the placement
of fiber optic cable in the right-of-way. The location of the Onfiber Communication lines will be
in the Pearl Street right-of-way from south of Bowie Street to north of Crockett Street. The total
distance is approximately 2,075 feet.
BUDGETARYIMPACT
Onfiber Communications,Inc,will pay the City of Beaumont an initial application fee of$500.00
and an annual fee of$1.35 per linear foot per year.
PREVIOUS ACTION
None.
SUBSEQUENT ACTION
None.
RECOMMENDED BY: City Manager,Public Works Director,City Engineer and Transportation
Manager.
OnfiberCominc.
04/21/2005
PUBLIC RIGHT-OF-WAY USE AGREEMENT
THE STATE OF TEXAS §
COUNTY OF JEFFERSON §
WHEREAS, Onfiber Communications, Inc. desires to use certain public right-of-way
within the City of Beaumont for the purposes set forth below; and,
WHEREAS, it is the position of the City of Beaumont that Onfiber Communications, Inc.
must obtain a license in order to use the public right-of-way; and,
WHEREAS,the City Council of the City of Beaumont has determined that it is appropriate
to make the following agreement with Onfiber Communications, Inc.; and,
NOW, THEREFOR;
The City of Beaumont, hereinafter called "City" for and in consideration of the receipt of
good and valuable consideration, as set out more fully herein, hereby agrees with Onfiber
Communications, Inc. that Onfiber Communications, Inc. may lay, maintain, operate, replace or
remove a fiber optic communication system (the"system") for the transportation of
communications in, on, under or across the streets, alleyways and easements set forth in Exhibit
"A" and situated in the City of Beaumont, Jefferson County, Texas, as more specifically set out
herein and subject to the following conditions:
(a) The system shall be installed in such a manner as has been approved by the
City Engineer and/or the Texas Department of Transportation, if
applicable, so that the finished installation shall, in no way, interfere with
the use of the public streets and alleys by the public. Permits shall be
obtained by Onfiber Communications, Inc. or Onfiber Communications,
Inc. contractor from the Public Works Department of the City prior to any
installation, maintenance or removal requiring excavation.
OnfiberCominc.
2 04/21/2005
(b) The system shall be buried at a depth of no less than thirty (30) inches
unless otherwise authorized by the City Engineer and/or the Texas
Department of Transportation, if applicable. The system is to be installed
a minimum of thirty-six inches (36") below the existing flow line of the
adjacent drainage ditch, when crossing or placed in said ditch. Onfiber
Communications, Inc. will notify the Public Works Department of the City
of Beaumont prior to installation of the system under this agreement, and
shall obtain City permits at a cost not to exceed a one-time charge of Ten
Dollars ($10) plus Five Dollars ($5) for each day of construction.
(c) The installation and operation of the system shall not interfere with the
natural drainage in that area nor with the drainage system of the City, nor
with sanitary sewer lines, water lines, or other facilities.
(d) The system shall be installed in such a manner as to provide a twelve (12)
inch vertical clearance and a thirty-six (36) inch horizontal clearance with
existing water or sanitary sewer lines.
(e) All excavations within the right-of-way shall be backfilled in accordance
with City Standards. All surplus material shall be removed from the right-
of-way.
(f) Excavations necessary for the installation, repair or maintenance of the
system shall be performed in such a manner as will cause the least
inconvenience to the public and Onfiber Communications, Inc. shall
promptly restore to as good a condition as before and to the reasonable
satisfaction of the City Engineer and/or the Texas Department of
Transportation, all streets, alleys, or easements, excavated by it.
(g) The system will be installed in accordance with the drawings approved by
the City and to the specifications which set out the specific location, depth,
method of construction, etc., of the installation.
(h) Construction along roadways shall be performed in such a manner that
excavated materials shall create the minimum hazard and obstruction. All
property where operations are performed will be restored to original
condition or better. The cost of any repairs to road surface, roadbed,
structures or other right-of-way features as a result of this installation will
be borne by the owner of the system.
(i) Any installation which takes place in, on, under, above, or across property
which is not owned by the City or not a City easement or right-of-way shall
require additional permission by the owner(s) of the property involved.
OnfiberComInc.
3 04/21/2005
Approval of this license agreement excludes permission to do any
installation on property which is not owned by the City of Beaumont.
(j) Barricades, warning signs, lights, and flagmen will be provided and
installed in accordance with the Texas Manual of Uniform Traffic Control
Devices (current edition) by Onfiber Communications, Inc. contractor
when, in the opinion of the City Engineers, such is necessary for the safe
installation of the system. Onfiber Communications, Inc. or its contractor
will provide supervision of the work which is knowledgeable in the
standards referred to above. Nothing herein is to be construed as
prohibiting the use by Onfiber Communications, Inc. or its contractor of
additional barricades, warning signs and lights or flagmen as be necessary.
In the event Onfiber Communications, Inc. or its contractor does not
comply with the barricading standards, the City Engineer may order
Onfiber Communications, Inc. and its contractor to stop work; but only
until compliance is achieved.
(k) City reserves the right to lay and to permit to be laid sewer, gas, water and
other pipes and cables, and to do or permit to be done any municipal
underground work that may be deemed to be necessary or proper by City
in, across,.along, or under any of the streets, alleys and easements, and to
change any curb or sidewalk or the grade of any of said streets. In doing
or permitting any such work, the City of Beaumont shall not be liable to
Onfiber Communications, Inc. for any damage occasioned; it being
understood that nothing herein shall be construed as foreclosing Onfiber
Communications, Inc. rights to recover damages against any contractor or
third party who may be responsible for damages to Onfiber
Communications, Inc. facilities.
(1) If the City requires Onfiber Communications,Inc.to remove,alter,change,
adapt, or conform its facilities because of changes in the grade of a street
or in the location or manner of constructing a water pipe, sewer pipe, or
other underground or aboveground structure owned by the City, on
alternative right-of-way provided by the City, Onfiber Communications,
Inc. shall make the alterations or changes as soon as practicable when
ordered in writing by the City, without claim for reimbursement or
damages against the City at no additional charge to Onfiber
Communications, Inc.. If these requirements impose a financial hardship
on Onfiber Communications, Inc., Onfiber Communications, Inc. shall
have the right to present alternative proposals for the City's consideration.
If the City requires Onfiber Communications,Inc.to remove,alter,change,
adapt or conform its facilities to enable any other corporation or person,
except the City, to use, or to use with greater convenience, any public
OnfiberCominc.
4 04/21/2005
right-of-way, Onfiber Communications, Inc. shall not be required to make
any such changes until such other corporation or person shall have
undertaken,with solvent bond,to reimburse Onfiber Communications,Inc.
for any loss and expense which will be caused by or arise out of such
removal, alteration, change, adaptation or conformance of Onfiber
Communications,Inc. facilities;provided,however,the City shall never be
liable for such reimbursements.
(m) Onfiber Communications, Inc. shall indemnify, save and hold harmless the
City of Beaumont from any and all claims for injuries and damages to
persons or property occasioned by or arising out of the installation,
maintenance, operation, repair or removal of the system by Onfiber
Communications, Inc., except to the extent arising from the sole
negligence,or wanton conduct or gross negligence of the City of Beaumont,
its employees or agents. Neither party shall be liable to the other for any
consequential, special, or indirect damage hereunder.
(n) If the system or any part thereof installed by Onfiber Communications, Inc.
shall be in any respect damaged or injured by the City or any public entity
in connection with any construction or maintenance of any public facility,
Onfiber Communications,Inc. shall not be entitled to prosecute or maintain
a claim against the City or such public agency unless such damage is
occasioned by the City or such public agencies wanton conduct or gross
negligence. However, nothing contained in this paragraph shall prevent
Onfiber Communications, Inc. from prosecuting or maintaining a claim
against a private contractor employed by the City or such entity.
(o) Recovery by Onfiber Communications, Inc. for damages that occur to
Onfiber Communications, Inc. facilities, as a result of an adjoining
residential homeowner's attempt to construct improvements to his frontage
shall be limited to actual damages only and no loss of revenue as damages.
Any additional cost shall be borne by Onfiber Communications, Inc.
(p) The system shall be maintained and operated in such a manner as to cause
no damage to public facilities. Damage to public facilities occasioned by
such maintenance and operation shall be at Onfiber Communications, Inc.
expense. Such damages shall be limited to actual damages and no loss of
revenue damages.
(q) Onfiber Communications, Inc. contractors shall furnish the City with a
certificate of insurance issued by an insurer acceptable to the City showing
that the permittee has in force, and will maintain in force during the
construction of the system, liability insurance of not less than $1,000,000
5 OnfiberComInc.
04/21/2005
for any one accident and property damage insurance of not less than
$1,000,000, or to applicable City insurance requirements, at the time of
such construction. Such insurance shall be maintained in force during the
life of the project and no modifications or change of insurance coverage and
provisions shall be made without ten(10)days written advance notice to the
City.
(r) Onfiber Communications,Inc. shall make payment to the City of Beaumont
as follows:
• initial agreement fee of$500,payable upon execution of this
agreement;
• annual fee of$1.35 per linear foot in the City right-of-way
which sums shall be upon execution of agreement and each
year thereafter. Said parties shall confer and negotiate in
good faith on a new rate on or before January 1, 2011, to
become effective January 1, 2012, and shall confer and
negotiate on a new rate in the 2021 and every ten(10) years
thereafter.
• inspection, engineering and other costs during the period of
initial construction in the amount of$2000.00,payable upon
receipt of invoice.
(s) Actual expenses of inspection incurred by the City in connection with
maintenance of the system by Onfiber Communications, Inc. (except as
provided in Paragraph k) shall be reimbursed to the City by Onfiber
Communications, Inc. upon written request therefore, which shall include
evidence of such costs.
(t) Onfiber Communications, Inc. agrees that it shall mark the location of its
system within forty-eight(48)hours after receipt of notification of proposed
construction. Onfiber Communications,Inc.maintains a toll-free telephone
number to be called for location of the system. Should Onfiber
Communications, Inc. fail to locate the system for the City within forty-
eight(48)hours of request duly acknowledged, Onfiber Communications,
Inc. shall pay a late charge of Five Hundred Dollars ($500)per day. In the
event of a dispute concerning notice, Onfiber Communications, Inc. audio
tape of telephone messages shall provide proof of notification, which tapes
will be made available upon request. Alternatively, notice may be shown
by delivery of a certified letter to Onfiber Communications, Inc.
6 OnfiberCominc.
04/21/2005
(u) Onfiber Communications, Inc., at no cost to the City, shall keep in the City
and make available upon request, complete "as built" drawings clearly
showing locations and depth of all facilities. Such drawings shall be
provided to the City within sixty (60) days after completion of the project.
(v) This agreement may not be assigned by Onfiber Communications, Inc. to
any other company or legal entity without the prior written approval by the
City of Beaumont's Public Works Direct or, except that Onfiber
Communications, Inc. may assign its rights and obligations under this
agreement to Onfiber Communications,Inc.,parent, subsidiary,affiliate or
successor entity without such consent, so long as the parent, subsidiary,
affiliate or successor (1) assumes all obligations of Onfiber
Communications, Inc. under this agreement; and (2) is bound to the same
extent as Onfiber Communications, Inc., and (3) the City is notified of the
assignment within sixty (60) days and is furnished a written document
within which the assignee assumes all obligations under this license.
(w) Should any other company or legal entity, other than Onfiber
Communications,Inc. or Onfiber Communications,Inc.parent,subsidiary,
affiliate or successor as authorized in section (v) use the system installed
under this agreement under the rights granted herein without notification of
the City of Beaumont's Public Works Director, such use shall be a
violation of this agreement and Onfiber Communications,Inc. will cease all
use of the system and the City may take steps necessary to enforce a
cancellation of this agreement, including removal of some portion or all of
the system upon thirty(30)days written notice to Onfiber Communications,
Inc.
The City shall give Onfiber Communications, Inc. written notice of any violation of this
agreement. If Onfiber Communications, Inc. fails to correct such violation within sixty(60)days
of such notice, this agreement shall be immediately terminated upon said sixtieth day. Any notice
to be given hereunder by either party to the other may be effected either by personal delivery in
writing or by registered or certified mail, postage prepaid with return receipt requested. Mail
notices shall be addressed to the addresses of the parties as follows:
City of Beaumont Onfiber Communications, Inc.
Public Works Department 6300 S Syracuse Way, Ste 359
PO Box 3827 Centennial, CO. 80111
Beaumont, Texas 77704 Telephone: (303) 729-3121
(409) 880-3725 Fax: (720) 554-7263
1 _ OnfiberComInc.
04/21/2005
NOTICE PURSUANT TO PARAGRAPH "S" SHALL BE GIVEN AS FOLLOW:
The above-stated addresses may be changed to such addresses as the parties may from time
to time designate by written notice.
Commencement of work on the fiber optic system by Onfiber Communications, Inc. after
the date of this agreement shall be construed as evidence of Onfiber Communications, Inc.
acceptance and approval of the conditions above set forth.
This agreement shall be governed by and construed in accordance with the laws of the State
of Texas.
This agreement embodies the entire agreement between the parties hereto and supersedes
all prior agreements and understandings, if any, relating to the matters addressed herein. This
agreement may be amended or supplemented only by a written instrument executed by both
parties.
IN WITNESS WHEREOF, the City of Beaumont, Texas, has caused these presents to be
signed by its City Manager and the seal of the City to be herewith affixed by the City Clerk, this
day of .92005.
THE CITY OF BEAUMONT
By:
Kyle Hayes, City Manager
ATTEST:
City Clerk
Onfiber Communications, Inc.
By:
Title:
ATTEST:
8 OnfiberComInc.
04/21/2005
EXHIBIT "A"
Onfiber Communications, Inc.
Total Footage - 2,075
(See Map Attached)
9 OnfiberComInc.
04/21/2005
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City of Beaumont
REGULAR MEETING OF THE CITY COUNCIL
COUNCIL CHAMBERS APRIL 26,2005 1:30 P.M.
AGENDA
CALL TO ORDER
* Invocation Pledge Roll Call
* Presentations and Recognition
* Public Comment: Persons may speak on scheduled agenda items 4-10/Consent
Agenda
* Consent Agenda
GENERAL BUSINESS
1. Consider approving a request for a zone change from RCR(Residential
Conservation and Revitalization)District to GC-MD-2 (General Commercial-
Multiple Family Dwelling-2)District and a specific use permit to allow storage for
a retail business at 1710 North Street
2. Consider approving a request for a zone change from RM-H(Residential Multiple
Family Dwelling-Highest Density)District to GC-MD-2 (General Commercial-
Multiple Family Dwelling-2) District and a specific use permit to allow a car wash
on property located on the south side of Calder, 197'east of the intersection of
Calder and Junker Road
3. Consider approving a request for a zone change to remove an HC(Historic
Cultural Landmark Preservation) Overlay District for the property at 2693
Broadway
4. Consider approving a resolution authorizing publication of notice of intention to
issue$20 million in Certificates of Obligation
5. Consider approving a resolution to provide for the reimbursement of costs
incurred prior to issuance of$20 million in Certificates of Obligation or other tax
exempt obligations
6. Consider approving the purchase of property located at 5250 Washington Blvd.
7. Consider granting a new solid waste collection and transportation service franchise
to Arrow Waste, Inc.
8. Consider granting a new solid waste collection and transportation service franchise
to Triangle Waste Solutions, LLC
9. Consider authorizing the City Manager to increase the Sanitary Sewer
Rehabilitation of Small Diameter Mains Howell/Yount Outfall Contract VI for
"extra work"
10. Consider approving a contract for a litter awareness campaign
COMMENTS
* Councilmembers/City Manager comment on various matters
* 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:
Pegasis Network Systems, Inc.
Persons with disabilities who plan to attend this meeting and who may need auxiliary aids
or services are requested to contact Pat Buehrle at 880-3725 a day prior to the meeting.
1
April 26,2005
Consider approving a request for a zone change from RCR(Residential Conservation and
Revitalization) District to GC-MD-2 (General Commercial-Multiple Family Dwelling-2)District
and a specific use permit to allow storage for a retail business at 1710 North Street
V~ City of Beaumont
7LJ IW,
Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Stephen C. Richardson,Planning Manager
MEETING DATE: April 26, 2005
AGENDA MEMO DATE: April 19, 2005
REQUESTED ACTION: Council consider a request for a zone change from RCR(Residential
Conservation and Revitalization) District to GC-MD-2 (General
Commercial-Multiple Family Dwelling-2)District and a specific use
permit to allow storage for a retail business at 1710 North Street.
RECOMMENDATION
The Administration recommends approval of a zone change from RCR(Residential Conservation
and Revitalization)District to GC-MD-2(General Commercial-Multiple FamilyDwelling-2)District
and a specific use permit to allow storage for a retail business at 1710 North Street, subject to the
following conditions:
• Move the parking spaces to the west side of the property to allow for maneuvering
area on the subject property.
• Receive Board of Adjustment approval for special exception to the parking
requirements (2 spaces instead of the required 6 spaces).
• Modification to the landscaping/screening requirements along the north property line
and for the required parking spaces.
BACKGROUND
Robert and Kathe Hyslop,the property owners,have bought the subject property with the intent of
using the buildings for storage for their vintage china shop,The Cheshire Cat. The subj ect property
is located at 1710 North Street.
The applicants state that the original building was built in 1966 and was originally used by a vending
machine company. Three years later, Manning's School Supplies bought the property and used it
as a retail business. In the mid 1970's,two additional buildings were added by Manning's.
For a period of 47 years prior to 1997,the subject property and the properties to the north,south,east
and west were zoned LI(Light Industrial). As a result of a 1997 zoning study,the subject property
and the properties to the south, east and west were rezoned RCR (Residential Conservation and
Revitalization). The property to the north was rezoned RS (Residential Single Family Dwelling).
The property has sat vacant for many years. In April,2000,a specific use permit was granted for a
church but the church never occupied the building. That specific use permit has since expired. The
building is now covered with graffiti and is deteriorating due to non-use.
The Hyslops own half of the Teal House Antique Mall and will operate the retail portion of their
business at that location. They would like to use 1710 North for the storage of much of their china
stock. They state that they have more than 711 china patterns and the number grows steadily.
No retail sales would occur at 1710 North and no customers will come to the subject property. The
Hyslops will go to the warehouse to get what stock that is needed and then return to their retail store.
The Hyslops will clean up the property and maintain it so that it is no longer an eyesore to the
community.
This zone change could be considered spot zoning. In considering spot zoning, the Planning
Commission and City Council should consider the following issues:
The law demands that the approved zoning plan should be respected and not altered
for the special benefit of the landowner when the change will cause substantial
detriment to the surrounding land or serve no substantial public purpose.
While the zone change would specifically benefit the landowner,the change will not
cause substantial detriment to the surrounding land. The request is for GC-MD-2
which would require a specific use permit for any use that were to locate on the
subject property. GC-MD-2 will allow the City Council to be very specific on what
type of use would be permitted. In addition, allowing the proposed use will permit
the current owners to renovate and clean up a property that has become an eyesore
for the neighborhood.
Will this change adversely impact the surrounding properties? The nature and degree
of an adverse impact upon neighboring lands is important. Lots that are rezoned in
a way that is substantially inconsistent with the zoning of the surrounding area,
whether more or less restrictive, are likely to be invalid.
The proposed zone change will not adversely impact the surrounding properties.
Again, since the request is for GC-MD-2, City Council will have the ultimate
authority over what the property can be used for. RCR allows a number of
commercial uses with a specific use permit. While GC-MD-2 allows more
commercial uses than does RCR, the only uses that would be permitted on this
property are those allowed by City Council. The use that is proposed would have
little, if any, effect on surrounding properties.
Is the tract of land suitable or unsuitable for use as presently zoned? This is a factor.
The size, shape and location of a tract of land or lot may render it unusable or even
confiscatory as zoned.
The subject property was originally developed as a commercial use. Marketing of
the property for other uses has proved futile. Therefore,the property has sat vacant
and deteriorated over the years. When the property was initially developed, its
zoning was not nearly as restrictive as the RCR is now. While recognizing that the
Old Town Neighborhood has made great strides in its revitalization efforts,staff also
recognizes that the subject property might be very difficult to use under the current
RCR zoning.
Does the proposed zone change bear a substantial relationship to the public health,
safety,morals or general welfare or protect and preserve historical and cultural places
and areas. The amendatory ordinance must bear a substantial relationship to the
aforementioned considerations.
The building has been vacant for a number of years and is deteriorating due to
neglect. Due to its vacant status,vandals have taken a toll on the building. To have
the building occupied and maintained would benefit the neighborhood immensely.
The GC-MD-2 zoning would allow a viable use for the property while at the same
time protecting the neighborhood because any use would require City Council
approval.
BUDGETARYIMPACT
None.
PREVIOUS ACTION
At a Joint Public Hearing held April 18,2005,the Planning Commission voted 5:0 to approve a zone
change from RCR (Residential Conservation and Revitalization) District to GC-MD-2 (General
Commercial-Multiple Family Dwelling-2)District for the property at 1710 North Street.
At a Joint Public Hearing held April 18, 2005, the Planning Commission voted 5:0 to approve a
specific use permit for the property at 1710 North Street subject to the following conditions:
• Move the parking spaces to the west side of the property to allow for maneuvering
area on the subject property.
• Receive Board of Adjustment approval for special exception to the parking
requirements (2 spaces instead of the required 6 spaces).
• Modification to the landscaping/screening requirements along the north property line
and for the required parking spaces.
SUBSEQUENT ACTION
None.
RECOMMENDED BY
Planning Commission, City Manager,Public Works Director and the Planning Manager.
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 RCR (RESIDENTIAL
CONSERVATION AND REVITALIZATION)DISTRICT TO GC-
MD-2 (GENERAL COMMERCIAL-MULTIPLE FAMILY
DWELLING-2) DISTRICT FOR PROPERTY LOCATED AT
1710 NORTH STREET, 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 30-513 thereof, is hereby amended by changing the
zoning of property presently zoned as RCR (Residential Conservation and Revitalization)
District to GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District for property
located at 1710 North Street, being Lots 4 - 6, Block 30, McFaddin 2nd Addition, City of
Beaumont, Jefferson County, Texas, containing 0.4598 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 herein above 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 this the 26th day of April,
2005.
- Mayor Evelyn M. Lord -
,1
File 1775-Z/P: Request for a zone change from RCR (Residential Conservation and NORTH "
(% Revitalization) to GC-MD-2 (General Commercial-Multiple Family Dwelling-2)
District or more restrictive district and a specific use permit to allow storage for a A& `
retail business. SCALE
Location: 1710 North Street
1„=200` /C
Applicant: Robert and Kathe Hyslop
J
I,
so so - I I so 30 - I I . k I J I J 1-1 a J
ar s S
HAZEL AVE. �Z $
30
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6o - .-Kd_ - n b I, I g 3o fo L K.• N�
NORTH ST. /700 /�oQ7 voArN —� '
- i 50
I
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II AND � gz � !� t �
.0 519 ap2 50 f .• i N 63 0
1900 MCFADDIN AVE. /7ck
so
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9 to 60
, � I
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CALDER AVE.
/J
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i I 2 I { r • 1 .� � JI \J � ! I
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BROADWAY AVE.
�-1 - EXHIBIT "N'
ORDINANCE NO.
ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE
PERMIT TO ALLOW STORAGE FOR A RETAIL BUSINESS
ON PROPERTY LOCATED AT 1710 NORTH STREET IN A
GC-MD-2 (GENERAL COMMERCIAL-MULTIPLE FAMILY
DWELLING-2) DISTRICT 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 Robert and Kathe Hyslop to allow storage for a retail business on property
located at 1710 North Street in a GC-MD-2(General Commercial-Multiple Family Dwelling-
2) District, being Lots 4-6, Block 30, McFaddin 2nd Addition, City of Beaumont, Jefferson
County, Texas, containing 0.4598 acres, 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;
NOW, THEREFORE, BE IT ORDAINED BY THE
CITY OF BEAUMONT:
Section 1.
That a specific use permit to allow storage for a retail business on property located
at 1710 North Street in a GC-MD-2 (General Commercial-Multiple Family Dwelling-2)
District, being Lots 4 - 6, Block 30, McFaddin 2nd Addition, City of Beaumont, Jefferson
County, Texas, containing 0.4598 acres, as shown on Exhibit "A" attached hereto, is
hereby granted to Robert and Kathe Hyslop, their legal representatives, successors and
assigns, subject to the following conditions:
Move the parking spaces to the west side of the property to allow for
maneuvering area on the subject property.
Receive Board of Adjustment approval for special exception to the parking
requirements (2 spaces instead of the required 6 spaces).
Modification to the landscaping/screening requirements along the north
property line and for the required parking spaces.
Section 2.
That the specific use permit herein granted is expressly issued for and in
accordance with each particular and detail of the site plan attached hereto as Exhibit"B"
and made a part hereof for all purposes.
Section 3.
Notwithstanding the site plan attached hereto,the use of the property herein above
described shall be in all other respects subject to all of the applicable regulations contained
in Chapter 30 of the Code of Ordinances of Beaumont, Texas, as amended.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 26th day of April,
2005.
- Mayor Evelyn M. Lord -
T 40
r
I ! I \. T Ziff
al f
F
File 1775-Z/P: Request for a zone change from RCR(Residential Conservation and NORTH
(% Revitalization) to GC-MD-2 (General Commercial-Multiple Family Dwelling-2) lk
to District or more restrictive district and a specific use permit to allow storage for a
retail business.
` Location: 1710 North Street SCALE
! , t Applicant: Robert and Kathe Hyslop 1"=2001 +0
l if
so so
HAZEL AVE.
�O AM 50 _ 0
At
�, • ! v .. s
a 4 + 0
b �
At J 4 'J t I A O it
w sc xt NORTH_ST. /TOIO /(oGY� NORTH [ --5
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ND t 1 • j t O ! i t t
50 i
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MCFADDIN AVE.
50 i 50 59 - JO 50
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/ 9 /O / /t � T I S '
25 i i a
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t t
50 Sr7
too P
CALDER AVE. ^
50 50 1 - 301 3G Jo s
ff P to it
it
o ,
4 J t / Z 6 I I ( ; I t i I 1 / 60
Z.
BROADWAY AVE.
_ ___ EXHIBIT "A"
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*Approval subject to the following conditions:
• Move the parking spaces to the west side of the property to allow for maneuvering area on the subject property.
• Receive Board of Adjustment approval for special exception to the parking requirements(2 spaces instead of
the required 6 spaces).
• Modification to the landscapingiscreening requirements along the north property line and for the required
parking spaces.
.hrl.r
17/0
EXHIBIT "B"
2
April 26,2005
Consider approving a request for a zone change from RM-H(Residential Multiple Family
Dwelling-Highest Density) District to GC-MD-2 (General Commercial-Multiple Family Dwelling-
2) District and a specific use permit to allow a car wash on property located on the south side of
Calder, 197'east of the intersection of Calder and Junker Road
City of Beaumont
�• Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Stephen C. Richardson,Planning Manager
MEETING DATE: April 26, 2005
AGENDA MEMO DATE: April 19, 2005
REQUESTED ACTION: Council consider a request for a zone change from RM-H(Residential
Multiple Family Dwelling-Highest Density) District to GC-MD-2
(General Commercial-Multiple Family Dwelling-2) District and a
specific use permit to allow a car wash on property located on the
south side of Calder, 197'east ofthe intersection of Calder and Junker
Road..
RECOMMENDATION
The Administration recommends approval of a zone change from RM-H (Residential Multiple
Family Dwelling-Highest Density) District to GC-MD-2 (General Commercial-Multiple Family
Dwelling-2) District and a specific use permit to allow a car wash, subject to the following
conditions:
The car wash must comply with the City storm requirements and Watershed
Protection Ordinance.
Driveway widths shall not exceed 35 feet in width.
A 10'wood screening fence shall be constructed along the east and south sides of the
property.
Along the east side of the property,allow the required 10'wide landscape strip on the
outside of the screening fence.
BACKGROUND
Gulf Coast Car Wash Equipment,Inc.,the applicant,is requesting this zone change and specific use
permit to allow a self-service car wash in the 6300 block of Calder.
The car wash will have four self-service bays, one fully automatic touch free car wash and the
necessary vacuum cleaner and vending to adequately serve a car wash of this size. The applicant
states that the facility will be of metal and masonry construction with an upscale appearance. An
employee will be on the property part-time for the convenience of the customers. The car wash will
be open 24 hours a day.
The subject property is adjacent to GC-MD zoning to the north and west. To the south is a single
family residence. To the east is an apartment complex.
BUDGETARYIMPACT
None.
PREVIOUS ACTION
At a Joint Public Hearing held April 18,2005,the Planning Commission voted 4:1 to approve a zone
change from RM-H District to GC-MD-2 District and a specific use permit to allow a car wash,
subject to the following conditions:
The car wash must comply with the City storm requirements and Watershed
Protection Ordinance.
Driveway widths shall not exceed 35 feet in width.
A 10'wood screening fence shall be constructed along the east and south sides of the
property.
Along the east side of the property,allow the required 10'wide landscape strip on the
outside of the screening fence.
SUBSEQUENT ACTION
None.
RECOMMENDED BY
Planning Commission, City Manager,Public Works Director and the Planning Manager.
The"20% Rule"
Section 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 1774-Z/P,a protest of 30%was received,therefore invoking the Rule on this
case.
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 RM-H (RESIDENTIAL
MULTIPLE FAMILY DWELLING-HIGHEST DENSITY)
DISTRICT TO GC-MD-2 (GENERAL COMMERCIAL-
MULTIPLE FAMILY DWELLING-2) DISTRICT FOR
PROPERTY LOCATED ON THE SOUTH SIDE OF CALDER,
197' EAST OF THE INTERSECTION OF CALDER AND
JUNKER ROAD, 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 30-513 thereof, is hereby amended by changing the
zoning of property presently zoned as RM-H (Residential Multiple Family Dwelling-Highest
Density) District to GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District for
property located on the south side of Calder, 197' east of the intersection of Calder and
Junker Road, being the north 180' of Tract 1-B, Block 1, Langham Place Addition, City of
Beaumont, Jefferson County,Texas, containing 0.62 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 herein above 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 this the 26th day of April,
2005.
- Mayor Evelyn M. Lord -
_ i
File 1774 Z/P: Request for a zone change from RM-H (Residential Multiple Family NORTH
Dwelling-Highest Density) to GC-MD-2 (General Commercial-Multiple Family J
Dwelling-2) District or more restrictive district and a specific use permit to allow a car
wash. SCALE
Location: South side of Calder, 197' east of the intersection of Calder and Junker V=200
Applicant: Gulf Coast Car Wash Equipment, Inc.
.............. .... ..
G !C - M Di*"'
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I . D 12 �3/�\ .N 5, 4 s EXHIBIT "A�!
ORDINANCE NO.
ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE
PERMIT TO ALLOW A CAR WASH ON PROPERTY
LOCATED ON THE SOUTH SIDE OF CALDER, 197' EAST
OF THE INTERSECTION OF CALDER AND JUNKER ROAD
IN A GC-MD-2 (GENERAL COMMERCIAL-MULTIPLE
FAMILY DWELLING-2) DISTRICT 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 Gulf Coast Car Wash Equipment, Inc. to allow a car wash on property
located on the south side of Calder, 197' east of the intersection of Calder and Junker
Road in a GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District, being the
north 180' of Tract 1-13, Block 1, Langham Place Addition, City of Beaumont, Jefferson
County, Texas, containing 0.62 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, subject to the
hereinafter described conditions;
NOW, THEREFORE, BE IT ORDAINED BY THE
CITY OF BEAUMONT:
Section 1.
That a specific use permit to allow a car wash on property located on the south side
of Calder, 197'east of the intersection of Calder and Junker Road in a GC-MD-2 (General
Commercial-Multiple Family Dwelling-2) District, being the north 180' of Tract 1-13, Block
1, Langham Place Addition, City of Beaumont, Jefferson County, Texas, containing 0.62
acres, more or less, as shown on Exhibit "A" attached hereto, is hereby granted to Gulf
Coast Car Wash Equipment, its legal representatives, successors and assigns,subject to
the following conditions:
�J The car wash must comply with the City storm requirements and Watershed
Protection Ordinance.
Driveway widths shall not exceed 35 feet in width.
A 10' wood screening fence shall be constructed along the east and south
sides of the property.
Along the east side of the property, allow the required 10' wide landscape
strip on the outside of the screening fence.
Section 2.
That the specific use permit herein granted is expressly issued for and in
accordance with each particular and detail of the site plan attached hereto as Exhibit "B"
and made a part hereof for all purposes.
Section 3.
Notwithstanding the site plan attached hereto, the use of the property herein above
described shall be in all other respects subject to all of the applicable regulations contained
in Chapter 30 of the Code of Ordinances of Beaumont, Texas, as amended.
PASSED BYTHE CITY COUNCIL of the City of Beaumontthis the 26th day of April,
2005.
- Mayor Evelyn M. Lord -
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File 1774-Z/P: Request for a zone change from RM-H(Residential Multiple Family NORTH ~,
Dwelling-Highest Density) to GC-MD-2 (General Commercial-Multiple Family
Dwelling-2) District or more restrictive district and a specific use permit to allow a car f
wash. SCALE
Location: South side of Calder, 197' east of the intersection of Calder and 3unker r=Zoo'
Applicant: Gulf Coast Car Wash Equipment, Inc.
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s EXHIBIT "A" �
Fencing in rear 10' 8'fence along °ar
ti and left(east
10' Landscaped areas
1 i>i�?"��':�ti•', �� much more than
required. -
{ Y4
Norml drainage to
a.fji<i:`I,�r,.::Qd:;l I I•YI' :Y •i2 1 ,,,�.. � a, .v. ,. �'•;:d:•:T.,o;r ,.
ccess.to.Automatic Wash': follow contour of land.
µlit••' :)F'�l:.k;'jY;rT'^•'•"., fi'.k•4y .YI icW,.N; yll`•T,'j, L I: A y *. 'T,19«K. 4•
aitH€' ;,,;. ..,,ui£ •,,. 1 :>r2' �ii �5aml w!catch basins on
N�j,T..*.!k.,k«�.i:HP(`;�.�.,,k.{�?,g`;i;; +�k gxY.•••,,,iii �i°:"arlt:�'ti• If AA� It, '�: ••I �':H'c'•.N:
k:ijli:. Y�i:F:'F.o-41;<:Ilj.fi. ''.J s `n' Jti I.n^it I!'sky.,. :..i• rl! a'•. .�;y k: r..j,:rry.Y ,.
k. '3: ..<4:r'+�ys� +:r1..11`a:::ll. ,�r�.:Mhl.••.:,:.. i a Calder side.
+:':IYI ylaj.���"{'L',•,y4y/�'Ia'1;�: 1; Iry� :, , Y y I 'u'J7l'�I r,:" . '1 " Front entrances (2)
rF♦���tifli;ia�'�S4ity'I,I,iM r,. .Yid"kh1T ,,. ,4•i•'1'� 0{� 1.� k h � k ��'I I p .I: � 1�' 'b� 11•MSR,t rl''��I i�',Y t
approx. 60'wide
Proposed sign will
be 3'x4' onClader
'�`1y4. 4��if "is :m tHYM•�
1;
� ;::;:yr k��r�;itii�'r•;�: �•., �;.i 91�a;k1a' � in center landsaped
:t�'€:�ri;: •k •>: blu1r+•. r� � ,�'^�i�I 1k 'I :� area approx 12' height
Apartments
on this side
� «�`'! «r««1��;�,> ::�.'; '�,,;�Jj1J '�1•u k�;� s .;,.,1. �'�,si I /."v ;.1.;• 1 � a� ;Ilk �tl'"�1;�,{�+ �•'�i� � !
!'�`it;M�'r:t'�;fi k�s���'i�K VRMek ,:r"�G.�4id,.' 1'• '�yY�. ��i�''S•I I,�. ���@. :b ti, t4 1 ,11 ,"Fur.Y•,.:.. }`rli",, !., .r •�:;;I
�11�r^'���,,I!,4:1hH:l!+ "g��'.V�;�,•.'H..� 7i�•�hu :ii .`k"4 ,•v r• ar �'•,I to �"'r'',•� ," � �r' I�MI.I":,�4"�,''xt,'.���' ^!r4�c�,$�'"�'' ,h''
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Auto 1 �i. ��:�l��M` Masonery structure
g' ill+' r ° { Mach. a ,r M. ' with hip metal roof
kHMMy trr{� 1 a 1 IBay 3 Bad 41 ,Pump i ,,1.,s1 a{:k
I 1 - Ba 2 1 --
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�krl ;i�x#�l;�y;�rlt.•+.��:H.ki :r=,- :w�a ry.. �, `"1` `N g�Exit I ;r�?;"?Ir�,.a;i;lirr �f under roof.
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'�.t -« r ,�•,,.; �> �k�:..xr � Concrete Area
;t:�lif�:ci;�;;{]�k�,rSlli:.klw:a,'•,G h k+l �>i. 'ny' ;'� ,W , i" y 5 .'�:,. I• y�l •<Y;,•:1
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Property 7r�.:i�a,C,:;f,RJ'�l;Y�':41:.�. ,itL��••'':;',�jhik�•..�;y�:; ,,) .� ,� �'�"iv. �� •+Y ., I•,. �Iw�'1
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r+;H;lF�a an�:Iw,�,'.I�i]!^�.`�•.i+a`KG", ��!H tl���I:s�; ati'�,y',��.e 'i;• �.1...�=1fH:.'S,�,�,,;...I�.H�"A.,. ,,t• :gy}wR;�' y� :r. :n .S, Y �?';�`y;n
Line
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Vacuum Cleaner Area
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r,t1'h1 l,I u�,l;h.•.k1 1�
over vacuum
Cleaners 64 Fr Metal Roof canopy
'gt180'
:.. ":1{::.iP'y�+tySgi5:J.!ulti:`:!: I, ?ry'ylr;«1<,}i;!:i.k' ;S°�SiSarsl^`"u• IL^•ylL�.�hISv.• J.u.�'U.a li� r '4.rK',::::i+:
:::Y..-<:1 , T �1 �,• �_a_L .0 _ ----------- 10' and other machines
..� 10' Calder Ave. Side of Property Approx 3300 Sq. Ft.
' .- 60'-------------------- --- under roof
'--- --- --------
-------- -------60 --------------175' -------------------------------
--
M -------------------------------------
__ *Approval subject to the following conditions:
W
� o The car wash must comply with the City storm requirements and Watershed Protection Ordinance.
Driveway widths shall not ex .
ceed 35 feet in width.
M o . A 10'wood,screening fence shall be constructed along the east and south sides of the
Along the east side of the property,allow the required 10'wide landscape strip on the outside of the
3
April 26,2005
Consider approving a request for a zone change to remove an HC (Historic Cultural Landmark
Preservation) Overlay District for the property at 2693 Broadway
u.jCity of Beaumont
Council Agenda Item
� c
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Stephen C. Richardson,Planning Manager
MEETING DATE: April 26, 2005
AGENDA MEMO DATE: April 19, 2005
REQUESTED ACTION: Council consider a request for a zone change to remove an HC
(Historic Cultural Landmark Preservation) Overlay District for the
property at 2693 Broadway.
RECOMMENDATION
The Administration recommends approval of a zone change to remove an HC (Historic Cultural
Landmark Preservation) Overlay District for the property at 2693 Broadway.
BACKGROUND
Mr.and Mrs.J.D.Lindow,the property owners,are requesting the removal of their property at 2693
Broadway out of the Oaks Historic District. The subject property is occupied by a house that is
attached to a large metal building. The property is zoned GC-MD (General Commercial-Multiple
Family Dwelling)District and has been used for commercial purposes for a number of years.
In 2003,Mr. and Mrs. Lindow requested a certificate of appropriateness to allow the removal of the
house. Contrary to the recommendation of the Planning Manager, that request was denied by the
Historic Landmark Commission. The Lindows state that for the past three years they have tried,
without success, to sell, lease or rent this property.
The properties to the west,north and south are commercial and are outside the Historic District. The
Planning Manager does not feel that the removal of this property would be detrimental to the Historic
District.
BUDGETARYIMPACT
None.
PREVIOUS ACTION
At a Joint Public Hearing held April 18,2005,the Planning Commission voted 5:0 to approve a zone
change to remove an HC(Historic Cultural Landmark Preservation)Overlay District for the property
at 2693 Broadway.
SUBSEQUENT ACTION
None.
RECOMMENDED BY
Planning Commission, City Manager,Public Works Director and the Planning Manager.
1
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 REMOVING THE ZONING
DESIGNATION OF HC (HISTORIC CULTURAL LANDMARK
PRESERVATION) OVERLAY DISTRICT FOR PROPERTY
LOCATED AT 2693 BROADWAY, 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 30-513 thereof, is hereby amended by removing the
zoning designation of HC (Historic Cultural Landmark Preservation) Overlay District for
property located at 2693 Broadway, being Lot 14, Block 49, Averill Addition, City of
Beaumont, Jefferson County, Texas, containing 0.172 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 herein above 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 this the 26th day ofApril,
2005.
- Mayor Evelyn M. Lord -
JO
- - E
ST rl I7nr)f rl I
r
.1
File 1773-Z: Request for a zone change to remove an HC (Historic Cultural Landmark NORM
Preservation) Overlay District. J
Location: 2693 Broadway
Applicant: J. D. Lindow
SCALE
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6 7 l C 2 C EN TRAL
M r; I EXHIBIT "A" r
4
April 26,2005
Consider approving a resolution authorizing publication of notice of intention to issue$20 million
in Certificates of Obligation
f City of Beaumont
: . . Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Kandy Daniel,Treasurer
MEETING DATE: April 26,2005
AGENDA MEMO DATE: April 22, 2005
REQUESTED ACTION: Council consider a resolution authorizing publication ofnotice of intention
to issue $20 million in Certificates of Obligation.
RECOMMENDATION
The Administration requests approval of a resolution authorizing publication of notice of intention to issue
$20 million in Certificates of Obligation.
BACKGROUND
The$20 million in Certificates of Obligation will be issued to finance various street,drainage and general
improvements.Concurrently,$15 million in Waterworks and Sewer System Revenue Bonds will be issued
to provide funds for the expansion,repair,renovation and related improvements to the waterworks and
sewer system.A notice of intent to issue revenue bonds is not required so no action is requested on these
bonds at this time. Issuance of the Bonds and Certificates is scheduled for May 24,2005 with delivery and
receipt of the proceeds by the City on June 23,2005.
BUDGETARY IMPACT
All debt and other expenses related to the Certificates of Obligation shall be incurred by the Debt Service
Fund which is supported by property taxes. The current debt service property tax rate of$0.282733 is
expected to be sufficient to support this issue of Certificates. All debt and expenses related to the Revenue
Bonds shall be incurred by the Water fund which is supported by revenues ofthe waterworks and sewer
system. Water and Sewer rates approved through June 2007 are sufficient to meet debt service
requirements on the Revenue Bonds.
PREVIOUS ACTION
None.
SUBSEQUENT ACTION
Subsequent Council action will be requested to approve the issuance of$20 million in Certificates of
Obligation and$15 million in Waterworks and Sewer System Revenue Bonds on May 24, 2005.
RECOMMENDED BY
City Manager and Finance Officer.
RESOLUTION AUTHORIZING PUBLICATION OF NOTICE
OF MU ENTION TO ISSUE CERTTECATF4 OF ORI IGATT���r
THE STATE OF TEXAS §
COUNTY OF JEFFERSON §
THE CITY OF BEAUMONT §
WHEREAS, The City of Beaumont, Texas (herein referred to as the"City"), acting through
its governing body(hereinafter referred to as the"City Council"), is authorized to issue certificates of
obligation to pay contractual obligations to be incurred in connection with authorized street and
drainage improvements, building improvements, renovations and repairs, park improvements and
equipment purchases within the City(herein referred to as the"Project"), and for professional services
rendered in connection therewith pursuant to Texas Local Government Code Sections 271.041 -
271.064, as amended; and
WHEREAS, the City Council of the City has determined that it is in the best interest of the
City and otherwise is desirable to issue a series of certificates of obligation in a principal amount not to
exceed $20,000,000 to be known as the "City of Beaumont, Texas, Certificates of Obligation, Series
2005" (hereinafter referred to as the "Certificates") to finance the Project and to pay for professional
services rendered in connection therewith; and
WHEREAS, in connection with the issuance of the Certificates, the City Council intends to
publish notice of the intent of the City to issue the Certificates in accordance with the requirements of
the Texas Local Government Code Section 271.049, as amended;and
WHEREAS, the City Council has been presented with and has examined the proposed form of
notice to be published and finds that the form and substance thereof are satisfactory and that the recitals
and findings contained therein are true, correct and complete,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
BEAUMONT, TEXAS:
Section 1. The facts and recitations contained in the preamble of this resolution are hereby
found and declared to be true and correct.
S edion2. The City Council hereby approves the form of the Notice of Intention to Issue
Certificates of Obligation presented to the City Council in substantially the form attached hereto as
Exhibit"A" and incorporated herein by reference(the"Notice"). The City Council hereby authorizes
the Mayor or any other member of the City Council or any other official of the City to execute and
deliver the Notice on behalf of the City, with such changes therein and additions thereto as the person
executing same may approve, such approval to be conclusively evidenced by such execution thereof.
The City Council hereby authorizes and directs the Mayor, the City Clerk or any other official of the
City to cause the Notice to be published in the manner required by law in a newspaper of general
circulation in the City.
Satin 3. The Notice set forth in Exhibit "A' attached hereto shall be published in both
English and Spanish once a week for two (2) consecutive weeks in a newspaper which is of general
circulation in the City,the date of the first publication to be not less than fourteen(14)days prior to the
date tentatively set in the Notice for the passage of the ordinance authorizing the issuance of such
Certificates of Obligation.
�eainn 4. The Mayor, the City Clerk, and other officials of the City are hereby authorized and
directed to do any and all things necessary or desirable to carry out the provisions of this resolution.
Section S. This resolution shall take effect immediately upon its passage.
Sectinn 6. It is officially found, determined and declared that the meeting at which this
Resolution is adopted was open to the public and public notice of the time,place and subject matter of
the public business to be considered at such meeting, including this Resolution, was given, all as
required by the Texas Government Code Chapter 551, as amended.
PASSED AND APPROVED this 26th day of April,2005.
Mayor
THE CITY OF BEAUMONT, TEXAS
ATTEST:
City Clerk
THE CITY OF BEAUMONT, TEXAS
(SEAL)
ENMI T "A"
NOTICE OF INTENTION TO ISSUE CERTIFICATES OF OBLIGATION
NOTICE IS HEREBY GIVEN that the City Council of The City of
Beaumont, Texas (the "City") , will meet in the Beaumont City Hall, 801
Main Street, Beaumont, Texas, at 1:30 p.m. , on the 24th day of May,
2005, which is the time and place tentatively set for the passage of
an ordinance and to take such other action as- may be deemed necessary
to authorize the issuance of the City's Certificates of Obligation,
Series 2005, in the maximum aggregate principal amount of $20,000,000,
payable from the City ad valorem taxes and from a subordinate lien and
limited pledge of certain net revenues of the City's water and sewer
system, bearing interest at a rate or rates, not in excess of that
prescribed by law, and maturing over a period of years not to exceed
forty (40) years from the date thereof, for the purpose of evidencing
the indebtedness of the City to finance all or any part of the cost of
(i) authorized street and drainage improvements; (ii) construction of a
new City office building and visitor's center, (iii) renovations to the
club house and parking lot at Henry Homberg golf course in Tyrell Park,
(iv) building improvements, renovations and repairs to the Municipal
Court Building, (v) improvements and repairs to other public park
facilities, including but not limited to, construction of walking
trails, new playground equipment, spray devices, sidewalks, landscaping,
covered pavilion, and construction of a new passive park, (vi) purchase
of radios, communication equipment, hardware and software and (ix) the
cost of professional services incurred in connection therewith.
WITNESS MY HAND AND THE OFFICIAL SEAL OF THE CITY, this 26th day
of April, 2005.
/s/ Evelyn Lord
Mayor
THE CITY OF BEAUMONT, TEXAS
AVISO DE INTENCION PARA LA EMISION DE CERTIFICADOS DE OBLIGACION
Se notifica por el presente que el Cabildo Municipal de la Ciudad de Beaumont,Texas a la 1:30 p.m.del
24 de mayo, 2005, cual es la epoca y el lugar fijado tentativo para el paso de una ordenanza y para toma tal
accion Como peude ser juzgado necessano, para autorizar la emision de los Certificados Municipales de
Obligacion, Serie 2005,en la cantidad principal agregada maxima de$20,000,000,pagadero de los impuestos ad
valorem de la Ciudad y de un embargo preventivo subordinado y de un compromiso limitado de ciertos reditos
netos de la Ciudad's sistema de agua y de alcantarilla,llevando interes en una tan&o tanfas,no en exceso de eso
prescribio por ley,y madurandose durante anos para no exceder cuarenta (40)anon, a partir de la fecha de eso,
con el proposito de evidenciar el endeudamiento de la ciudad para financiar todo el o cualquier pane coste de(i)
mejoras autorizadas de la calle y del drenaje;(n)construccion de un edificio de oficinas nuevo de ciudad y centro
del visdante, (iii) renovaciones a las sede del club y la estacionamiento en el golf cursan Henry Homberg en
Tyrell Park, (iv) mejoras, renovaciones y reparaciones de edificio de Edificio Municipal De la Corte, (v) las
mejoras constructivas, instalaciones del parque publica, mcluyendo pero no limitadas a, construccion de los
rastros el caminar, equipo nuevo del patio de recreo, dispositivos del aerosol, aceras, ajardmando, cubneron el
pavilion, y la construcction de un parque pasivo nuevo, (vi)compra de radios, del equipo de comunicacion, del
hardware y del software y del coste de servicios profesionales incurridos en la conexion con ello.
ATESTIGUE MI MANO Y EL SELLO OFICIAL DE ESTA CIUDAD, el 26 de
abril de 2005.
/s/ Evelyn Lord
Mayor
THE CITY OF BEAUMONT, TEXAS
City of Beaumont
$20 Million Certificates of Obligation
Street and Drainage Improvements $15,300,000
Building Improvements 2,480,000
Park Improvements 720,000
Equipment 1,400,000
Costs of Issuance 100,000
Total $20,000,000
Street and Drainage Improvements:
Downtown Improvements, Pearl—College to Calder
Main—Calder to Blanchette
Phelan—Major to Keith
Rolfe Christopher—US 69 South to Virginia
Street Rehabilitation(FY 2006)
Virginia—Mercantile to Avenue A
Calder—Main to Phelan,
Building Improvements:
Construct a new office building and visitor's center along the entrance corridor of the downtown
business district.
Renovations to the parking lot and clubhouse at the Henry Homberg golf course located at Tyrrell
Park.
Begin renovations to the second floor of the Municipal Court Building which will be used as a Public
Safety Communications and Emergency Operations Center.
Park Improvements:
Construct walking trails at Perlstein, Rogers and Wuthering Heights Parks.
Renovations at Cottonwood, Magnolia and Lefler Park including playground equipment, spray
devices, sidewalks, landscaping and a covered pavilion.
Construct a new passive park located on M.L. King, Jr. Boulevard including a parking lot, landscaping
and lighting.
Equipment:
Purchase radios and communication equipment to allow the Fire Department to connect to the City's
800 MHZ trucked communication system.
Purchase hardware and software for Public Safety Communications and Emergency Operations.
City of Beaumont
$16 Million Waterworks and Sewer System Revenue Bonds
To fund Water&Sewer Improvements to be made over the next year on the projects listed below.
Additional funding will be required in future years to complete some of the projects listed.
Master Plan for Water&Sewer System
Water Projects:
2 MG Elevated Storage Tank on Dishman
14 MGD Water Plant Expansion
36"Transmission Line
Bunn's Bluff Canal Improvements
Individual Distribution System Evaluation (IDSE)
Northwest Tank Rehab
Southwest Elevated Storage Tank
Water Line Extension on IH-10
(between Brooks and Walden)
Water Line Replacement-Lindbergh
Water Plant Improvements-Phase I (Engineering)
Sewer Projects:
2.2 Meter Belt Press
20-Acre Treatment Pond
20"Sanitary Sewer Line Extension on IH-10
(between Brooks and Walden)
30" Force Main
54"Central Trunk Rehab
Bar Screen Area-Beltpress
Degritter
Drop Box @ Waste Water Treatment Plant
East Lucas Sewer Interceptor
Lab Addition @ Waste Water Treatment Plant
Lift Station Repairs
Main-Howell/Yount Outfall
Replace Grit Pumps @ Waste Water Treatment Plant
Small Sewer Line Rehabilitation-Contract VIII
Small Sewer Line Rehabilitation-Contract X
Wetlands Evaluation-Phase I
Street Projects:
Delaware Street Utility Relocation
Main Street-Calder to Blanchette
Pearl Street-College to Calder
Phelan Blvd. -Major to Keith
Rolfe Christopher-US 69 to Virginia
Seventh Street-IH-10 to Laurel
Tyrrell Park Road Resurfacing
5
April 26,2005
Consider approving a resolution to provide for the reimbursement of costs incurred prior to
issuance of$20 million in Certificates of Obligation or other tax exempt obligations
City of Beaumont
` Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Kandy Daniel, Treasurer
MEETING DATE: April 26,2005
AGENDA MEMO DATE: April 22,2005
REQUESTED ACTION: Council consider a resolution to provide for the reimbursement of costs
incurred prior to issuance of$20 million in Certificates of Obligation
or other tax exempt obligations.
RECOMMENDATION
The Administration requests approval of a resolution concerning the issuance of Certificates of Obligation
or other tax exempt obligations to finance street and drainage improvements,building renovations,
equipment and other capital improvements and provide for the reimbursement of costs incurred prior to
issuance.
BACKGROUND
Approximately$20 million in Certificates of Obligation is expected to be issued on May 24,2005 to fund
various public works and general improvements projects. It is necessary to incur some of the costs
associated with these projects prior to the issuance of the obligations. It is the intent of the City to
reimburse itself out of the proceeds of the obligations for all such costs which are paid prior to issuance.
These costs shall include fees paid for engineering and other professional services,acquisition costs
associated with obtaining materials and property, and construction and development costs.
BUDGETARYIMPACT
All debt and other expenses shall be incurred by the Debt Service Fund which is supported by property
taxes.
PREVIOUS ACTION
None.
SUBSEQUENT ACTION
Subsequent Council action will be requested to approve the issuance of approximately$20 million in
Certificates of Obligation on May 24,2005.
RECOMMENDED BY
City Manager and Finance Officer.
RESOLUTION CONCERNING ISSUANCE OF CERTIFICATES OF
OBLIGATION OR OTHER TAX EXEMPT OBLIGATIONS TO FINANCE
BUILDING RENOVATIONS$ EQUIPMENT AND OTHER CAPITAL
PROJECTS
WHEREAS, the City of Beaumont, Texas (the "City") desires
and intends to construct and make improvements within the City
and to expand and improve City buildings, acquire equipment and
make other capital improvements located within the City
(collectively, the "Project") ; and
WHEREAS, in order to finance and pay the costs of the
Project, the City intends to issue certificates of obligation or
other tax-exempt obligations in the aggregate principal amount of
up to $20,000,000 (the "Obligations") , in one or more
installments and series, and payable from ad valorem taxes and
any other sources pledged to the payment thereof; and
WHEREAS, in view of rising construction costs, the necessity
of compliance with administrative regulations, the necessity of
acquiring materials and other property for the Project and the
necessity of employing certain professionals in connection with
the development of the Project, it is considered essential and
necessary for the City to employ and pay certain professionals,
acquire materials and other property for the Project and begin
construction of and work on the Project prior to the completion
of the issuance of the Obligations; and
WHEREAS, it is the City' s intention to reimburse itself out
of the proceeds of the Obligations for all expenses and costs
paid by the City prior to the issuance of the Obligations that
are incurred and paid in connection with the development of the
Project, including but not limited to expenses and fees paid for
engineering and other professional services, acquisition costs
associated with obtaining materials and property for the Project,
and construction and development costs associated with the
Project; and
WHEREAS, the City finds, intends and declares that this
resolution and order shall constitute its official binding
commitment and official declaration of intent made pursuant to
the Internal Revenue Code of 1986, as amended (the "Code") and
the regulations pertaining thereto, including but not limited to
Treasury Regulation Section 1 . 150-2, whereas, subject to the
terms hereof, the City declares that it intends to reimburse
itself out of the proceeds of the Obligations for the expenses
and costs paid in connection with the development of the Project
prior to the issuance of the Obligations, and the City declares
its intent and commits to issue the Obligations, in one or more
series, in the maximum aggregate principal amount of up to
$20,000,000 for the purpose of financing the costs of
acquisition, expansion, renovation, construction, reconstruction,
repairs, equipping, furnishing and improvement of the Project,
and expenses and costs of the City in connection with the
issuance of the Obligations; and
WHEREAS, the City Council, on behalf of the City, finds,
considers and declares that the issuance and sale of the
Obligations in the amount and for the purposes set forth will be
appropriate and consistent with the objectives of the City and
the laws authorizing the issuance of the Obligations, and that
the adoption of this resolution and order is and constitutes and
is intended as (1) an inducement to proceed with providing for
the acquisition, expansion, renovation, construction,
reconstruction, repairs, equipping, furnishing and improvement of
the Project, and (2) the taking of affirmative official action by
the City, acting by and through the City Council, toward the
issuance of the Obligations and the reimbursement to the City out
of the proceeds of the Obligations for costs and expenses paid in
connection with the Project prior to the issuance of the
Obligations, all within the meaning of federal income tax laws
and regulations with respect to issuance of tax-exempt
obligations; and
WHEREAS, the City has given notice of the meeting at which
this Resolution is to be adopted as required by the Texas Open
Meetings Law, Chapter 551 of the Texas Government Code Annotated
Vernon's 1994, as amended.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF BEAUMONT, TEXAS, THAT:
Section 1. Subject to the terms hereof, the City Council
agrees on behalf of the City that it will:
a. Issue the Obligations in one or more series, after
the date hereof to provide for the financing of the Project,
in the maximum aggregate principal amount up to $20,000,000,
if the City Council determines that the terms of such
financing are in the City's best interest;
b. Take such action and authorize the execution of
such documents as may be necessary in connection with the
issuance of the Obligations, providing, among other things,
for payment of the principal of, interest on, paying agents'
charges and other fees, if any, on the Obligations, and the
acquisition, expansion, renovation, construction,
reconstruction, repairs, equipping, furnishing, improvement,
use and operation of the Project, all as shall be
authorized, required or permitted by law and shall be
satisfactory to the City; and
C. Take or cause to be taken such other actions as
may be required to implement the aforesaid undertakings or
as the City may deem appropriate in pursuance thereof.
Section 2. This resolution and order shall constitute the
official declaration of intent by the City pursuant to which the
City declares that it intends to reimburse itself out of the
proceeds of the Obligations for expenses and costs paid by the
City prior to the issuance of the Obligations in connection with
the development of the Project, including but not limited to
expenses for engineering fees and other professional fees, and
costs for acquisition of materials and property for the Project
and construction and development costs related to the Project.
This declaration is made pursuant to Treasury Regulation Section
1.150-2 and generally with the laws and regulations of the
federal income tax laws governing the issuance of tax-exempt
obligations.
Section 3. This resolution and order and the declaration of
official intent herein shall be available for public inspection
at all times at the City' s _ business office and shall remain
available for public ,inspection until the Obligations are issued
and thereafter this resolution shall be maintained as part of the
permanent records of the City Council of the City.
PASSED AND APPROVED this day of April, 2005.
THE CITY OF BEAUMONT, TEXAS
By:
Mayor
ATTEST:
CITY CLERK
THE CITY OF BEAUMONT, TEXAS
(SEAL)
6
April 26,2005
Consider approving the purchase of property located at 5250 Washington Blvd
I
C * of Beaumont
Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Kirby Richard, Internal Services Director
MEETING DATE: April 26, 2005
AGENDA MEMO DATE: April 21, 2005
REQUESTED ACTION: Council authorize the purchase of property located at 5250
Washington Boulevard.
RECOMMENDATION
Administration recommends authorizing the purchase of property located at 5250 Washington
Boulevard, at an amount not to exceed $450,000, through a public auction.
BACKGROUND
The property at 5250 Washington Boulevard has been leased for the Police Department since January
1998. Narcotics and Street Crimes units use the premises for office space and storage of seized
property. The Police Department considers the facilities and location very well suited for these
purposes, and it is very interested in acquiring the property to remain at the location.
The current lease,which expires in March 2006, contains an option to buy provision that is effective
during the term of the agreement. If exercised,the purchase price is$450,000. Currently,the City
pays $4,200 per month for the 1.5 acres of property and 4,000 square foot office building. The
Jefferson County Appraisal District has appraised the property at $396,580.
The owner of the property has defaulted on his loan and the note holder has initiated procedures to
sell the property at a public auction on May 3,2005. On that date, the Trustee will sell the property
at the County Courthouse to the highest bidder.
Since the property is being sold at an auction, the City has an unusual opportunity to acquire the
property at less cost than the price set by the lease agreement's option to purchase provision. City
staff would attempt to acquire the property at the lowest possible bid price, not to exceed the value
Purchase of Property
April 26, 2005
Page 2
of our purchase option. Considering the City pays$50,400 per year for the lease of the property,the
purchase cost, even at the appraised value, would be recouped in 7.8 years.
BUDGETARY IMPACT
Funds will be available in the Capital Reserve and the Police Confiscated Goods Funds.
PREVIOUS ACTION
None.
SUBSEQUENT ACTION
None.
RECOMMENDED BY
City Manager, Police Chief and Internal Services Director.
7
April 26,2005
Consider granting a new solid waste collection and transportation service franchise to Arrow
Waste, Inc.
City of Beaumont
~ Council Agenda Item
M g
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Kirby Richard, Internal Services Director
MEETING DATE: April 26, 2005
AGENDA MEMO DATE: April 18 , 2005
REQUESTED ACTION: Council consider granting a new solid waste collection and
transportation service franchise.
RECOMMENDATION
Administration recommends granting a solid waste collection and transportation service franchise
to Arrow Waste, Inc.
BACKGROUND
This is the final reading of the three required by ordinance to be granted a franchise agreement.
The first reading of the franchise request was on March 22, 2005 and the second reading was
given at the March 29, 2005 council meeting.
According to City ordinances, a franchise agreement is required prior to a firm conducting
business within the City limits. Five (5) firms currently have nonexclusive franchise agreements
with the City and are doing business in this area. Arrow Waste has requested that the City grant
the company a franchise agreement for collection, hauling and transportation of garbage or refuse
from locations in the City, and the disposal of such material in accordance with applicable laws.
Arrow Waste was formed in 2001 by Juan DeAanda. Prior to forming this company, Mr.
DeAanda owned Custom Waste of Houston from 1981 to 1996, when he sold it to Sanifill
Industries (Waste Management), due to illness in his family. After his Non-Compete status
expired in 2001, Mr. DeAanda formed Arrow Waste. The company is headquartered in Houston,
Texas, where it currently operates 12 trucks and employs 23 people.
In 2003 the company formed an additional waste disposal business known as Capitol City Disposal
Solid Waste Transportation and Collection Services
Arrow Waste Franchise Agreement
April 26, 2005
Page 2
of Austin which currently operates five trucks and employs seven people. Both companies,
Capitol City Disposal and Arrow Waste, are 100% minority owned and operated. Arrow Waste
anticipates operating 10-12 trucks in our area over the next five years with approximately 15
employees.
The requested franchise agreement is generally the same as those previously approved by City
Council. It provides for a term of one year from its effective date and a franchise fee of seven
percent (7%) of gross revenues received for service. The term is extended on a month-to-month
basis after the expiration of the initial term. The Agreement also requires the firm to indemnify
the City and provide insurance which names the City of Beaumont as a named insured.
Franchise ordinances require readings at three (3) separate Council meetings, with the third not
less than thirty(30)days from the first reading. The ordinance does not take effect until sixty(60)
days after its adoption on the third and final meeting. After passage, the ordinance must be
published for four (4) consecutive weeks in a newspaper of general circulation in the city. All
publication costs are paid by the successful firm.
Attached is a copy of the franchise agreement for your review.
BUDGETARY IMPACT
A franchise fee of seven percent (7%) of gross receipts is paid into the General Fund.
PREVIOUS ACTION
City Council was presented with the first reading of the franchise request on March 22, 2005.
The second reading was given at the March 29, 2005 council meeting.
SUBSEQUENT ACTION
None.
RECOMMENDED BY
City Manager, Public Works Director and Internal Services Director.
C:\000U—v —I-Ps � \M,Dmumrnta\WFpOCSUpmme "ANCHISE—NlBU Wale Wy IHm-lmc .g W-O&Fimlre in Am,W.—M
ENTITLED AN ORDINANCE GRANTING A
FRANCHISE FOR SOLID WASTE
COLLECTION AND TRANSPORTATION
SERVICES TO ARROW WASTE, INC.
ORDINANCE NO. 05-
WHEREAS,ARROW WASTE,INC. (the"Company")has requested a franchise to operate
a solid waste collection and transportation service within the City of Beaumont, Texas (the"City");
and,
WHEREAS, the City desires to grant such franchise;
NOW, THEREFORE, BE IT ORDAINED BY THE
CITY OF BEAUMONT:
Section 1.
Grant of Authority
There is hereby granted by the City to Arrow Waste, Inc. the right and privilege to operate
and maintain within the City a solid waste collection and transportation service(the"service"). For
purposes of this franchise, the term "solid waste collection and transportation service"shall mean
the regular business of collection, hauling or transporting any garbage, rubbish, waste or refuse
from locations in the City, and the disposal of such material in accordance with law. The franchise
granted herein is nonexclusive, and franchises may be granted to other persons for service.
Section 2.
Term of Franchise
The franchise herein granted shall take effect and be in force sixty (60)days after the final
passage hereof as required by law and upon the filing by the Company of an acceptance with the
City Clerk, and shall continue in force and effect until one (1) year thereafter. The acceptance
required hereunder must be in writing and filed with the City Clerk within thirty(30)days after final
- 1 -
passage hereof. Upon the expiration of the term hereof,this franchise shall continue on a month-
to-month basis until terminated by either party or extended or replaced.
Section 3.
Rates
The Company shall establish rates for service which are uniform as to customer class based
upon such criteria as type of waste, container size,frequency of collection, and distance of travel.
The Company shall file its initial rates for service with its acceptance as required herein. Such rates
shall, unless modified by the City, be effective with the effective date of this franchise. Any
modifications in rates by the Company shall first be filed with the City Clerk and City Attorney and
shall be effective thirty (30) days after such filing unless modified by City as provided herein.
Nothing herein shall prevent the Companyfrom charging uniform rates which are less than the rates
filed with the City. The City shall have the right to establish rates charged by Company for services
performed hereunder,after notice and hearing. Rates established by the City shall be sufficient to
allow the Company an opportunity to earn a reasonable return on its invested capital used in
providing such services.
Section 4.
Franchise Fee
The Company shall pay to the City, on or before the fifteenth (15th) day of each month, a
sum equal to SEVEN PERCENT (7%) of the gross revenues received for service in the previous
month as payment for the use of the City's streets, alleys and rights-of-way. The payments herein
provided do not relieve Company from the payment of ad valorem taxes, special assessments,
charges, or other fees applicable to the public generally. City shall have the right, at any
reasonable time, to audit the books and records of the Company and the Company is hereby
required to make such books and records available at the request of City. Upon written
acceptance,the Company shall furnish to the City a listing of customers served,including customer
- 2 -
name,address,frequency of pick-up,size of container or type of service and charge for same. The
following reports shall be filed monthly with the City Manager or his designee along with the street
rental payment required herein:
1. Upon written request and within thirty (30) days of receipt, the
Company shall furnish to the City adequate reconciliation of reported
revenues which would include: a listing of names and addresses of
all customers served,frequency of pick-up, size of container or type
of service and charge for same, and date service was initiated and
discontinued.
Section 5.
Indemnity, Insurance and Bond
The Company shall at all times during the effective period of this franchise, carry
liability insurance as provided herein. The Company covenants and agrees at all times to
indemnify and save harmless the City, its officers, agents, employees, and any member of
the public against any and all injuries, damages, claims, causes of action or loss of
compensation arising or resulting from Company's operations under this franchise,whether
or not such loss was caused by the negligence of the City, its agents, servants or
employees. Upon notice given Company by City,Company must defend at its own expense,
any action or suit brought against the City because of any work or other acts done by the
Company under the terms of this franchise. Counsel chosen by Company to defend City
must be satisfactory to City. Company will pay any final judgment which might be obtained
against City by reason of any work or acts done hereunder by Company,its agents,servants
or employees, and Company will pay all damages occurring to any person or property,
public or private, resulting from any fault or neglect on its part or on the part of its agents
- 3 -
or employees.
The Company agrees to carry insurance as follows:
1) Workers' Compensation
The Company shall furnish the City Clerk a certificate of insurance
indicating workers'compensation coverage as required by the State
of Texas.
2) Automobile Liability Insurance
The . Company shall carry, in its own name, a policy in
comprehensive form to insure the automobile liability of its operation
with limits of not less than Five Hundred Thousand Dollars
($500,000.00) per occurrence for bodily injury and, in addition, not
less than One Hundred Thousand Dollars ($100,000.00) property
damage. This policy shall name City as an additional insured and
provide for thirty (30) days notice to City prior to cancellation. A
certificate of insurance certifying such coverage shall be filed with
the City Clerk before the effective date of this franchise, and it shall
be maintained in force during the term of the franchise.
3) General Liability
The Company shall carry, in its own name, a comprehensive liability
insurance policy including contractual coverage for operations other
than automobile with limits of not less than Five Hundred Thousand
Dollars ($500,000.00) per occurrence for bodily injury, and One
Hundred Thousand Dollars($100,00.00)per occurrence for property
damage. The policy shall name the City as named insured and
provide for thirty (30) days notice to City prior to cancellation. A
certificate of insurance certifying such coverage shall be filed with
-4 -
the City Clerk before the effective date of this franchise and
maintained in force during the term of the franchise.
Section 6.
Compliance with Laws and Ordinances
The Company shall, at all times during the term of this franchise, be subject to all lawful
exercise of police power by the City and to such reasonable regulations as the City shall hereafter
by ordinance provide. In addition,the Company will observe all city,county,state,and federal laws
regulating the collection and disposal of solid waste.
Section 7.
Service Standard and Equipment
The Company shall maintain and operate its collection system and equipment in good order
to render efficient service subject to the terms of this franchise. All vehicles, containers, and
equipment used for the collection and transportation of solid waste shall be constructed, operated
and maintained to prevent loss of liquid or solid waste material and to minimize health and safety
hazards to solid waste management personnel and the public. Such vehicles, containers, and
equipment used shall be maintained in a clean, sanitary condition and free from odors at all times.
All vehicles and equipment shall comply with federal, state, and local regulations. Collection
vehicles and all bulk, commercial, and roll-off type containers shall be painted and numbered and
shall have the Company's name and telephone number painted in letters of a contrasting color.
Such containers may not be placed on any street or right-of-way within the City. All collections shall
be made directly from the premises of the customer and any emptied containers returned directly
to such premises.
Section 8.
Providing Services
The Company shall provide service to any person, firm, corporation, association or entity
inside the City of Beaumont who requests such service and is not delinquent in the payment of
- 5 -
collection charges due the Company.
Section 9.
Office
The Company shall establish and maintain an office with telephone service and shall keep
said office open for business from 9:00 A.M. to 5:00 P.M. each and every day except Saturday,
Sunday and holidays.
Section 10.
Interruption of Service
In the event that service shall be interrupted for any reason for more than forty-eight (48)
hours,the City shall have the right to make temporary independent arrangements for the purposes
of continuing this necessary service to its residents in order to provide or protect the public health
and safety. If the interruption in service mentioned herein continues for a period of seventy-two(72)
hours, then the City shall have the right to terminate the rights and privileges granted in this
franchise.
Section 11.
Termination
In the event that any provision of this franchise is violated by the Company, the City may
serve written notice upon the Company of its intention to terminate this franchise. The notice shall
contain the reasons for such intention to terminate the franchise. Unless within ten (10)days after
mailing such notice by City to the Company, such violation shall cease, or satisfactorily
arrangements for correction be made by Company, the City Council may, after a public hearing in
which Company is provided an opportunity to present evidence concerning such violation,declare
the franchise terminated and serve written notice upon the Company of the termination and the
termination of the franchise shall be effective upon the mailing of such notice.
Section 12.
- 6 -
Transfer of Franchise Rights
Franchise rights granted hereunder shall not be transferred to another without the
approval of City. A single transfer or a series of transfers of Company's stock which constitute a
transfer of a majority interest in Company is subject to the prior approval of City.
Section 13.
Notices
Where written notices are provided for in this ordinance, same shall be sufficient to notify
Company when provided by certified mail to:
Arrow Waste, Inc.
P. O. Box 30210
Houston, TX 77249
Notice to City is sufficient if mailed by certified mail to:
City Manager
City of Beaumont
P.O. Box 3827
Beaumont, TX 77704
Section 14.
If any section, sentence, clause, paragraph or phrase of this ordinance, other than
Section 4, is for any reason held to be invalid or illegal, such invalidity shall not effect the
remaining portions of this ordinance. If Section 4 hereof is held to be invalid for any reason, the
ordinance shall be immediately invalid.
Section 15.
It is agreed by City and Company that venue of any legal proceedings under this
franchise agreement shall be in Jefferson County, Texas.
Section 16.
Vehicle Permits
Twenty (20) days prior to the effective date of this franchise, the Company shall furnish
to the City a list of all vehicles to be providing solid waste collection and disposal service under
- 7 -
this franchise. Such list shall include state license number, year, make, model and
manufacturer's rated capacity for each vehicle. Vehicles not having a valid City of Beaumont
landfill permit will not be allowed to operate under this agreement nor utilize the City refuse
disposal facility. If at any time a vehicle or equipment is found to be in noncompliance with
Section 7 of this franchise, the Company will be notified of its violation and said equipment or
vehicle shall be removed from service upon receipt of written notification.
Failure to comply with this provision or to falsify the information concerning the location
of the service of the vehicle shall be a material breach of this franchise. Should City decide not
to terminate this franchise because of any violation of this Section, Company's disposal fee at
City's landfill shall be doubled for all of Company's vehicles for a period of sixty(60) days.
PASSED BY THE CITY COUNCIL of the City of Beaumont on first reading this the
day of , 2005.
PASSED BY THE CITY COUNCIL of the City of Beaumont on second reading this the
day of , 2005.
PASSED BY THE CITY COUNCIL of the City of Beaumont on final reading this the
day of , 2005.
Mayor, City of Beaumont
Evelyn M. Lord
ACCEPTANCE:
ARROW WASTE, INC.
By:
Calvin W. Bates, General Manager
-8 -
V
April 26,2005
Consider granting a new solid waste collection and transportation service franchise to Triangle
Waste Solutions, LLC
...... City of Beaumont
Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Kirby Richard, Internal Services Director
MEETING DATE: April 26, 2005
AGENDA MEMO DATE: April 18, 2005
REQUESTED ACTION: Council consider granting a new solid waste collection and
transportation service franchise.
RECOMMENDATION
Administration recommends granting a solid waste collection and transportation service franchise
to Triangle Waste Solutions, LLC.
BACKGROUND
This is the final reading of the three required by ordinance to be granted a franchise agreement.
The first reading of the franchise request was on March 22, 2005 and the second reading was
given at the March 29, 2005 council meeting.
According to City ordinances, a franchise agreement is required prior to a firm conducting
business within the City limits. Five (5) firms currently have nonexclusive franchise agreements
with the City and are doing business in this area. One of those firms, American Waste Services,
LTD, sold their solid waste collection division to Triangle Waste, effective January 14, 2005.
Triangle Waste Solutions has requested that the City grant the company a franchise agreement for
collection, hauling and transportation of garbage or refuse from locations in the City, and the
disposal of such material in accordance with applicable laws.
Triangle Waste Solutions was formed in October 2003 by a private investor. Even though it is
a relatively new company, the entire employee base was generated from other companies in the
same line of work in our community. As a result, the company proudly boasts employee veterans
in the industry with over 60 years of "on the job" experience. In addition, the company's
equipment is all new and of the latest technology.
Solid Waste Transportation and Collection Services
Triangle Waste Franchise Agreement
April 26, 2005
Page 2
Corporate headquarters for Triangle Waste is located in Nederland,Texas. Twenty percent(20%)
of the company is minority owned, and the company has a 40% minority employee base. Initially
the company will operate one truck and at least two employees in the area, and anticipates
increasing its client base to require additional trucks and employees in the future.
The requested franchise agreement is generally the same as those previously approved by City
Council. It provides for a term of one year from its effective date and a franchise fee of seven
percent(7%) of gross revenues received for service. The term is extended on a month-to-month
basis after the expiration of the initial term. The Agreement also requires the firm to indemnify
the City and provide insurance which names the City of Beaumont as a named insured.
Franchise ordinances require readings at three (3) separate Council meetings, with the third not
less than thirty(30)days from the first reading. The ordinance does not take effect until sixty(60)
days after its adoption on the third and final meeting. After passage, the ordinance must be
published for four (4) consecutive weeks in a newspaper of general circulation in the city. All
publication costs are paid by the successful firm.
Attached is a copy of the franchise agreement for your review.
BUDGETARY IMPACT
A franchise fee of seven percent (7%) of gross receipts is paid into the General Fund.
PREVIOUS ACTION
City Council was presented with the first reading of the franchise request on March 22, 2005.
The second reading was given at the March 29, 2005 council meeting.
SUBSEQUENT ACTION
None.
RECOMMENDED BY
City Manager, Public Works Director and Internal Services Director.
C.t� S mP�Wy� WP�KNFRANCIRSE AGRMNMTiangk Wa Sol.aiw pc 1 -f—hise agr3,d&Final readies-Td,.&Wave.wpd
ENTITLED AN ORDINANCE GRANTING A
FRANCHISE FOR SOLID WASTE
COLLECTION AND TRANSPORTATION
SERVICES TO TRIANGLE WASTE SOLUTIONS, LLC
ORDINANCE NO. 05-
WHEREAS, TRIANGLE WASTE SOLUTIONS, LLC (the "Company") has requested a
franchise to operate a solid waste collection and transportation service within the City of Beaumont,
Texas (the "City"); and,
WHEREAS,the City desires to grant such franchise;
NOW, THEREFORE, BE IT ORDAINED BY THE
CITY OF BEAUMONT:
Section 1.
Grant of Authority
There is hereby granted by the City to Triangle Waste Solutions, LLC the right and privilege
to operate and maintain within the City a solid waste collection and transportation service (the
"service"). For purposes of this franchise, the term "solid waste collection and transportation
service"shall mean the regular business of collection,hauling or transporting any garbage,rubbish,
waste or refuse from locations in the City,and the disposal of such material in accordance with law.
The franchise granted herein is nonexclusive, and franchises may be granted to other persons for
service.
Section 2.
Term of Franchise
The franchise herein granted shall take effect and be in force sixty(60)days after the final
passage hereof as required by law and upon the filing by the Company of an acceptance with the
City Clerk, and shall continue in force and effect until one (1) year thereafter. The acceptance
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required hereunder must be in writing and filed with the City Clerk within thirty(30)days after final
passage hereof. Upon the expiration of the term hereof,this franchise shall continue on a month-
to-month basis until terminated by either party or extended or replaced.
Section 3.
Rates
The Company shall establish rates for service which are uniform as to customer class based
upon such criteria as type of waste, container size, frequency of collection, and distance of travel.
The Company shall file its initial rates for service with its acceptance as required herein. Such rates
shall, unless modified by the City, be effective with the effective date of this franchise. Any
modifications in rates by the Company shall first be filed with the City Clerk and City Attorney and
shall be effective thirty (30) days after such filing unless modified by City as provided herein.
Nothing herein shall prevent the Companyfrom charging uniform rates which are less than the rates
filed with the City. The City shall have the right to establish rates charged by Company for services
performed hereunder, after notice and hearing. Rates established by the City shall be sufficient to
allow the Company an opportunity to earn a reasonable return on its invested capital used in
providing such services.
Section 4.
Franchise Fee
The Company shall pay to the City, on or before the fifteenth (15th) day of each month, a
sum equal to SEVEN PERCENT (7%) of the gross revenues received for service in the previous
month as payment for the use of the City's streets, alleys and rights-of-way. The payments herein
provided do not relieve Company from the payment of ad valorem taxes, special assessments,
charges, or other fees applicable to the public generally. City shall have the right, at any
reasonable time, to audit the books and records of the Company and the Company is hereby
required to make such books and records available at the request of City. Upon written
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acceptance,the Company shall furnish to the City a listing of customers served,including customer
name,address,frequency of pick-up,size of container or type of service and charge for same. The
following reports shall be filed monthly with the City Manager or his designee along with the street
rental payment required herein:
1. Upon written request and within thirty (30) days of receipt, the
Company shall furnish to the City adequate reconciliation of reported
revenues which would include: a listing of names and addresses of
all customers served,frequency of pick-up, size of container or type
of service and charge for same, and date service was initiated and
discontinued.
Section 5.
Indemnity, Insurance and Bond
The Company shall at all times during the effective period of this franchise, carry
liability insurance as provided herein. The Company covenants and agrees at all times to
indemnify and save harmless the City, its officers, agents, employees, and any member of
the public against any and all injuries, damages, claims, causes of action or loss of
compensation arising or resulting from Company's operations underthis franchise,whether
or not such loss was caused by the negligence of the City, its agents, servants or
employees. Upon notice given Company by City,Company must defend at its own expense,
any action or suit brought against the City because of any work or other acts done by the
Company under the terms of this franchise. Counsel chosen by Company to defend City
must be satisfactory to City. Company will pay any final judgment which might be obtained
against City by reason of any work or acts done hereunder by Company,its agents,servants
or employees, and Company will pay all damages occurring to any person or property,
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public or private, resulting from any fault or neglect on its part or on the part of its agents
or employees.
The Company agrees to carry insurance as follows:
1) Workers' Compensation
The Company shall furnish the City Clerk a certificate of insurance
indicating workers'compensation coverage as required by the State
of Texas.
2) Automobile Liability Insurance
The Company shall carry, in its own name, a policy in
comprehensive form to insure the automobile liability of its operation
with limits of not less than Five Hundred Thousand Dollars
($500,000.00) per occurrence for bodily injury and, in addition, not
less than One Hundred Thousand Dollars ($100,000.00) property
damage. This policy shall name City as an additional insured and
provide for thirty (30) days notice to City prior to cancellation. A
certificate of insurance certifying such coverage shall be filed with
the City Clerk before the effective date of this franchise, and it shall
be maintained in force during the term of the franchise.
3) General Liability
The Company shall carry, in its own name, a comprehensive liability
insurance policy including contractual coverage for operations other
than automobile with limits of not less than Five Hundred Thousand
Dollars ($500,000.00) per occurrence for bodily injury, and One
Hundred Thousand Dollars($100,00.00)peroccurrence for property
damage. The policy shall name the City as named insured and
provide for thirty (30) days notice to City prior to cancellation. A
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certificate of insurance certifying such coverage shall be filed with
the City Clerk before the effective date of this franchise and
maintained in force during the term of the franchise.
Section 6.
Compliance with Laws and Ordinances
The Company shall, at all times during the term of this franchise, be subject to all lawful
exercise of police power by the City and to such reasonable regulations as the City shall hereafter
by ordinance provide. In addition,the Company will observe all city,county,state,and federal laws
regulating the collection and disposal of solid waste.
Section 7.
Service Standard and Equipment
The Company shall maintain and operate its collection system and equipment in good order
to render efficient service subject to the terms of this franchise. All vehicles, containers, and
equipment used for the collection and transportation of solid waste shall be constructed, operated
and maintained to prevent loss of liquid or solid waste material and to minimize health and safety
hazards to solid waste management personnel and the public. Such vehicles, containers, and
equipment used shall be maintained in a clean, sanitary condition and free from odors at all times.
All vehicles and equipment shall comply with federal, state, and local regulations. Collection
vehicles and all bulk, commercial, and roll-off type containers shall be painted and numbered and
shall have the Company's name and telephone number painted in letters of a contrasting color.
Such containers may not be placed on any street or right-of-way within the City. All collections shall
be made directly from the premises of the customer and any emptied containers returned directly
to such premises.
Section 8.
Providing Services
The Company shall provide service to any person, firm, corporation, association or entity
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inside the City of Beaumont who requests such service and is not delinquent in the payment of
collection charges due the Company.
Section 9.
Office
The Company shall establish and maintain an office with telephone service and shall keep
said office open for business from 9:00 A.M. to 5:00 P.M. each and every day except Saturday,
Sunday and holidays.
Section 10.
Interruption of Service
In the event that service shall be interrupted for any reason for more than forty-eight (48)
hours,the City shall have the right to make temporary independent arrangements for the purposes
of continuing this necessary service to its residents in order to provide or protect the public health
and safety. If the interruption in service mentioned herein continues for a period of seventy-two(72)
hours, then the City shall have the right to terminate the rights and privileges granted in this
franchise.
Section 11.
Termination
In the event that any provision of this franchise is violated by the Company, the City may
serve written notice upon the Company of its intention to terminate this franchise. The notice shall
contain the reasons for such intention to terminate the franchise. Unless within ten (10)days after
mailing such notice by City to the Company, such violation shall cease, or satisfactorily
arrangements for correction be made by Company, the City Council may, after a public hearing in
which Company is provided an opportunity to present evidence concerning such violation,declare
the franchise terminated and serve written notice upon the Company of the termination and the
termination of the franchise shall be effective upon the mailing of such notice.
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Section 12.
Transfer of Franchise Rights
Franchise rights granted hereunder shall not be transferred to another without the
approval of City. A single transfer or a series of transfers of Company's stock which constitute a
transfer of a majority interest in Company is subject to the prior approval of City.
Section 13.
Notices
Where written notices are provided for in this ordinance, same shall be sufficient to notify
Company when provided by certified mail to:
Triangle Waste Solutions, LLC
P. O. Box 1714
Nederland, TX 77627
Notice to City is sufficient if mailed by certified mail to:
City Manager
City of Beaumont
P.O. Box 3827
Beaumont, TX 77704
Section 14.
If any section, sentence, clause, paragraph or phrase of this ordinance, other than
Section 4, is for any reason held to be invalid or illegal, such invalidity shall not effect the
remaining portions of this ordinance. If Section 4 hereof is held to be invalid for any reason, the
ordinance shall be immediately invalid.
Section 15.
It is agreed by City and Company that venue of any legal proceedings under this
franchise agreement shall be in Jefferson County, Texas.
Section 16.
Vehicle Permits
Twenty (20) days prior to the effective date of this franchise, the Company shall furnish
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to the City a list of all vehicles to be providing solid waste collection and disposal service under
this franchise. Such list shall include state license number, year, make, model and
manufacturer's rated capacity for each vehicle. Vehicles not having a valid City of Beaumont
landfill permit will not be allowed to operate under this agreement nor utilize the City refuse
disposal facility. If at any time a vehicle or equipment is found to be in noncompliance with
Section 7 of this franchise, the Company will be notified of its violation and said equipment or
vehicle shall be removed from service upon receipt of written notification.
Failure to comply with this provision or to falsify the information concerning the location
of the service of the vehicle shall be a material breach of this franchise. Should City decide not
to terminate this franchise because of any violation of this Section, Company's disposal fee at
City's landfill shall be doubled for all of Company's vehicles for a period of sixty (60)days.
PASSED BY THE CITY COUNCIL of the City of Beaumont on first reading this the
day of , 2005.
PASSED BY THE CITY COUNCIL of the City of Beaumont on second reading this the
day of , 2005.
PASSED BY THE CITY COUNCIL of the City of Beaumont on final reading this the
day of , 2005.
Mayor, City of Beaumont
Evelyn M. Lord
ACCEPTANCE:
TRIANGLE WASTE SOLUTIONS, LLC
By:
Greg Gabriele, Vice President
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9
April 26,2005
Consider authorizing the City Manager to increase the Sanitary Sewer Rehabilitation of Small
Diameter Mains Howell/Yount Outfall Contract VI for"extra work"
City of Beaumont
Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Hani J. Tohme,Water Utilities Director
MEETING DATE: April 26,2005
AGENDA MEMO DATE: April 20,2005
REQUESTED ACTION: Council approval of a resolution authorizing the City Manager to increase
the Sanitary Sewer Rehabilitation of Small Diameter Mains Howell/Yount
Outfall Contract VI for"extra work."
RECOMMENDATION
Administration recommends approval of increasing the Sanitary Sewer Rehabilitation of Small Diameter
Mains Howell/Yount Outfall Contract VI Project amount by$53,175 to rehabilitate 1,350 linear feet of
8-inch sanitary sewer pipe, and replace 15 sanitary sewer service connections on Pinkstaff Street.
BACKGROUND
The existing sewer lines built in 1960 have deteriorated and require major rehabilitation. The primary goals
of the project are to restore the integrity of the sanitary sewer lines, restore the carrying capacity, and
provide customers with uninterrupted and adequate service.
BUDGETARY IMPACT
Funds for the project are available in the Capital Improvements Fund.
PREVIOUS ACTION
Resolution 03-203 in the amount of$718,494 was passed by City Council on September 30,2003.
Resolution 04-195 in the amount of$89,783 was passed by City Council on August 24,2004.
SUBSEQUENT ACTION
None.
RECOMMENDED BY
City Manager, and Water Utilities Director.
CITY OF BEAUMONT, TEXAS
WATER UTILITIES DMSICN
APRIL - 2005
SANITARY SEWER REHABILITATION
SMALL DIAMETER MAINS
HOWELL/YOUNT OUTFALL
CONTRACT VI
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LOCATION MAP
APPROVAL OF CONTRACT CHANGE
Change Order No.2&Final
Date:April 20,2005
Project: City of Beaumont
Sanitary Sewer Rehabilitation of
Small Diameter Mains Howell/Yount Outfall
Contract-VI
Owner: City of Beaumont
P.O.Box 3827
Beaumont,Texas 77704
Contractor: PM Construction&Rehab,LP
131 N.Richey
Pasadena,Texas 77506
To the Owner: Approval of the following contract change is requested.
Reason for Change:To increase the contract amount for"extra work"performed by the Contractor to rehabilitate
1,350 linear feet of 8-inch sanitary sewer pipe,and replace 15 sanitary sewer service connections on PinkstaffStreet..
ORIGINAL CONTRACT AMOUNT $718,494.
PREVIOUS CHANGE ORDERS 89,783.
THIS CHANGE ORDER:
Description Net Change
Rehabilitate 1,350 linear feet of 8-inch sanitary sewer pipe +L-A5_900.
Replace 15 sanitary sewer service connections + 7,275.
TOTAL AMOUNT OF THIS CHANGE ORDER: + $53,175.
TOTAL REVISED CONTRACT AMOUNT INCLUDING
THIS CHANGE ORDER: $861,452.
CONDITION OF CHANGE:
"Contractor acknowledges and agrees that the adjustments in contract price and contract time stipulated in this Change
Order represents full compensation for all increases and decreases in the cost of,and the time required to perform the
entire work under Contract arising directly or indirectly from this Change Order and all previous Change Orders.
Acceptance of this waiver constitutes an agreement between Owner and Contractor that the Change Order represents
an all inclusive,mutually agreed upon adjustment to the Contract,and that Contractor will waive all rights to file a
claim on this Change Order after it is properly executed."
Recommended By: Approved By: Accepted cceP By:
a
Hani J.Tohme,P.E. City of Beaumont PM Construction&Rehab,LP
Water Utilities Director Owner Contractor
Date: Date:
Date:
10
April 26,2005
Consider approving a contract for a litter awareness campaign
V~
...A.. City of Beaumont
�• Council Agenda
� = • � Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Kirby Richard, Internal Services Director
MEETING DATE: April 26, 2005
AGENDA MEMO DATE: April 20, 2005
REQUESTED ACTION: Council consideration of a contract for a litter awareness campaign.
RECOMMENDATION
Administration recommends the award of a contract to Ann Lee and Associates of Beaumont,Texas
to conduct a litter awareness campaign for the Code Enforcement Division in the amount of$47,962.
BACKGROUND
Proposals were solicited from advertising and public relations firms to conduct a television campaign
designed to enhance the public's litter awareness. Firms are to create, produce, and broadcast
television commercials that target a variety of population groups including school age youths,
families, and senior citizens. Goals of the campaign are to educate citizens on the need for litter
prevention and to increase awareness of litter issues among the citizens in Beaumont as well as in
Jefferson, Orange, and Hardin counties.
Prospective vendors were asked to propose the most comprehensive television campaign available
working within the given budget of$47,962. A specific budget amount was stated due to grant
allocations. The solicitation indicated that the selected firm would be required to provide themes,
concepts, copy, production, directing, camera talent, off camera announcer talent, sound effects,
editing,videotaping,broadcast dubs,air time,and all other incidentals necessary to produce and air
first-quality television commercials. Criteria for award of the contract include completeness of the
proposal, experience of the firm, references, and the range of services and air times proposed.
Proposals were solicited from thirty-five (35) firms and the following two (2) proposals were
received:
Litter Awareness Campaign
April 20, 2005
Page 2
Company Number of Commercials Number of Broadcasts:
Produced:
Ann Lee &Associates 2 780
Beaumont, TX
Celli &Fulgham Advertising 5 1795
Beaumont, TX
Evaluations of the proposals were conducted by members of the Public Works staff. Ann Lee and
Associates presented a complete proposal offering the City the most comprehensive value. Their
proposed campaign includes two(2)different thirty-second commercials to air during desirable time
slots. The commercials will air on five(5)different television stations during a variety of television
programs in order to reach the widest possible variety of demographic groups. The company
presented evidence of twenty-five (25)years experience and excellent references.
The second proposal was incomplete as presented and could not be fully evaluated due to missing
information. Pertinent information missing from the proposal included broadcast air times,names
of television stations to be used,and names of television programs during which commercials were
to be broadcast. The lack of this information prevented the proposed number of broadcasts to be
evaluated for quality or effectiveness.
BUDGETARYIMPACT
Funding is available through an interlocal agreement with the Southeast Texas Regional Planning
Commission from a grant provided by the Texas Commission on Environmental Quality.
PREVIOUS ACTION
None.
SUBSEQUENT ACTION
None.
RECOMMENDED BY
City Manager, Internal Services Director, and Public Works Director.