HomeMy WebLinkAboutPACKET OCT 11 2005 ®r
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City of Beaumont
REGULAR MEETING OF THE CITY COUNCIL
COUNCIL CHAMBERS OCTOBER 11,2005 1:30 P.M.
AGENDA
CALL TO ORDER
* Invocation Pledge Roll Call
* Presentations and Recognition
* Public Comment: Persons may speak on scheduled agenda items 1, 2, 8-12
* Consent Agenda
GENERAL BUSINESS
1. Consider passage of an ordinance terminating the previously declared state of disaster
made necessary by the imminent threat of Hurricane Rita and consider repealing
Ordinance No.05-076 which removed the competitive bidding requirements because
of the public calamity resulting from Hurricane Rita.
2. Consider passage of an ordinance allowing for a period of six(6)months the parking,
use and occupancy of recreational vehicles and travel trailers on residential property
as temporary living quarters by property owners while the damage to these properties
caused by Hurricane Rita is being repaired
3. Consider a request for a zone change from RS (Residential Single Family Dwelling)
to RM-H(Residential Multiple Family Dwelling-Highest Density)District(Tracts A
and E) and GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District
(Tracts B-D) for property located at the southeast quadrant of the intersection of
Dishman and Keith Road
4. Consider a request for a zone change from RM-H (Residential Multiple Family
Dwelling-Highest Density) to GC-MD (General Commercial-Multiple Family
Dwelling) District and a specific use permit to allow a drinking place and related
parking in a GC-MD District at 4235 and 4290 Pradice
5. Consider a request for a zone change from A-R(Agricultural-Residential)District to
RM-H(Residential Multiple Family Dwelling-Highest Density)District for property
located on the west side ofN.Major Drive,approximately 1,850'north of the Folsom
Road intersection
6. Consider a request for a specific use permit to allow a grocery store in a GC-MD-2
(General Commercial-Multiple Family Dwelling-2) District at the northwest corner
of Dowlen Road and Delaware
7. Consider a request for a specific use permit to allow a limousine and charter bus
service in a GC-MD(General Commercial-Multiple Family Dwelling)District at 5755
Fannett Road
8. Consider a request to abandon Lemon Street
9. Consider a request to abandon the most westerly 135'of N. Willowood Lane
10. Consider a request for an HC-L (Historic Cultural-Landmark Preservation)
designation for the house at 2240 Calder
11. Consider approval of a resolution authorizing the City Manager to execute a contract
for the City of Beaumont Rehabilitation of the Northwest Elevated Water Storage
Tank located on E. Lucas Street
12. Consider amending Section 26-24 of the Code of Ordinances to modify the effective
times and zone limits of school zones adjacent to Ozen and Central High Schools
COMMENTS
* Councilmembers comment on various matters
* Public comment(Persons are limited to 3 minutes)
Persons with disabilities who plan to attend this meeting and who may need.auailiary aids or
services are requested to contact Pat Buehrle at 880-3725 a day prior to the meeting.
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City of Beaumont
REGULAR MEETING OF THE CITY COUNCIL
COUNCIL CHAMBERS OCTOBER 11,2005 1:30 P.M.
CONSENT AGENDA
* Approval of minutes
A) Approve an agreement between LightCore and the City of Beaumont for the placement of
fiber optic cable in the public right-of-way.
B) Authorize the acceptance of a ten foot (10) wide water line easement providing access for
fire prevention services.
C) Authorize the City Manager to execute all documents necessary, specifically including a
License Agreement, in order for the Beaumont Police Department to continue to maintain a
Police Substation at Parkdale Mall.
City of Beaumont
•rte Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Mark Horelica, Transportation Administrator
MEETING DATE: October 11, 2005
AGENDA MEMO DATE: September 15, 2005
REQUESTED ACTION: Council consider entering into an agreement with LightCore for the
placement of fiber optic cable in the public right-of-way.
RECOMMENDATION
Administration recommends approval of an agreement between LightCore and the City of Beaumont
for the placement of fiber optic cable in the public right-of-way.
BACKGROUND
In June 2004,the City entered into an agreement with LightCore to install 5,844 linear feet of fiber-
optic cable in the Central Business District. Lightcore is now requesting approval to install 546
additional linear feet in the 300 blocks of Pearl and Crockett Streets.
BUDGETARY IMPACT
LightCore will pay the City of Beaumont an initial application fee of$500.00 and an annual fee of
$737.10 ($1.35 per linear foot).
PREVIOUS ACTION
A previous agreement with Lightcore was approved on June 28, 2004.
SUBSEQUENT ACTION
None
RECOMMENDED BY: City Manager,Public Works Director,City Engineer and Transportation
Manager.
Light--3cg.wpd
09/15/2005
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF BEAUMONT:
THAT the City Council hereby approves the agreement with LightCore for the placement
of 546 linear feet of fiber optic cable in the public right-of-way of the 300 blocks of Pearl
and Crockett Streets for an initial application fee of$5,000 and an annual fee of$737.10
($1.35 per linear foot).
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 11th day of
October, 2005.
- Mayor Guy N. Goodson -
a:9~ City of Beaumont
Council Agenda Item
mn.-1
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Tom Warner, Public Works Director
MEETING DATE: October 11, 2005
AGENDA MEMO DATE: September 20, 2005
REQUESTED ACTION: Council consider a resolution authorizing the acceptance of a ten foot
(10') wide water line easement providing access for fire prevention
services.
RECOMMENDATION
Stoneway L.P.,a Texas limited partnership,has agreed to convey a ten foot(10')water line easement
to the City of Beaumont. This easement will provide mandatory access for fire prevention services
across the Stoneway property, located off East Lucas Drive and described as follows:
Line"A" —being 0.33 acres out of H. Williams Survey, Abstract 57; and
Line"B" —being 0.35 acres out of H. Williams Survey, Abstract 57
Administration recommends acceptance of the easement.
BACKGROUND
The easement is to be used to provide access to the water lines and fire hydrants for the property
named above. It would also allow for the construction, alteration, operation and maintenance of the
said water lines and appurtenances.
BUDGETARY IMPACT
None.
PREVIOUS ACTION
None.
SUBSEQUENT ACTION
None.
RECOMMENDED BY
City Manager and Public Works Director.
-gfire_st-eway-ib.wpd
20 September 2005
ALLA ARCENEAUX & GATES
ARCENEAUX Consulting Engineers, Inc.
GATES Engineers • Surveyors • Planners
METES AND BOUNDS DESCRIPTION
FOR 0.33 ACRES OF LAND SITUATED IN THE
H. WILLIAMS, JR. SURVEY,ABSTRACT NO. 57,
BEAUMONT, JEFFERSON COUNTY, TEXAS
10 FEET WIDE UTILITY EASEMENT
DINE "A"
Being a 0.33 acre tract or parcel of land, a portion of that certain tract of land (called
15.453 acres) as conveyed by deed to Stone Way Limited Partnership, recorded in
Clerk's File No. 2004036326 of the Official Public Records of Real Property, County
Clerk's Office, Jefferson County, Texas, as situated in and a part of the H. Williams, Jr.
Survey, Abstract No. 57 of said County and being more particularly described by metes
and bounds as follows;
BEGINNING at a 5/8" steel rod with cap marked 3636 found located on the North Right
of Way line of East Lucas Drive marking the Southeast corner of the above described
15.453 acre tract, this point also marks the Southeast corner of the herein described tract
of land;
THENCE North 89 deg. 37 min. 01 sec. West along the said North Right of Way line
with the South line of said 15.453 acre tract and this tract a distance of 10.00 feet to a
point marking the Southwest corner of the herein described tract of land;
THENCE North 00 deg. 21 min. 08 sec. West, departing said Right of Way line along
the West line of this tract, parallel with and 10 feet normal distance from the East line of
said 15.453 acre tract a distance of 1436.86 feet to a point located on the North line of
said 15.453 acre tract marking the Northwest corner of the herein described tract of land;
CAA&G\M&B\2005\05-DCS-020-A.doe -
One Turtle Creek Square 3501 Turtle Creek Dr.,Suite 102 Port Arthur,TX 77642 409/724-7888 FAX 409/724-1447
EXHIBIT A R of 8)
THENCE South 89 deg. 40 min. 33 sec. East along the North line of said 15.453 acre
tract with the North line of this tract a distance of 10.00 feet to a 5/8" steel rod with cap
marked 3636 found marking the Northeast corner of said 15.453 acre tract and the
Northeast corner of the herein described tract of land;
THENCE South 00 deg. 21 min. 08 sec. East along the East line of said 15.453 acre tract
with the East line of this tract a distance of 1436.87 feet to the Southeast corner and
PLACE OF BEGINNING and containing in area 14,368 square feet or 0.33 acres of
land, more or less.
°
Surveyed May, 2005 . E RF 9
JOHN R. (BOB)
D.....: ..... ...... HOfIGES
Df..9 45 „ o
••..SS�Q.. O p
SURVEY
Jo (Bob) Hodges, R.P.L. . 94583
An Exhibit accompanies this metes and bounds description
Bearings referenced to the North Right of Way line of East Lucas Drive
North 89 deg. 37 min. 01 sec. West - deed
' C:\A&G\M&B\2005\05-DCS-020-A.doc -
EXHIBIT A (2 of 8)
CALLED 72.67 ACRES CALLED 7.580 ACRES
BEAUMONT COUNTRY CLUB DUVALL FIRST CORP.
VOL. 1310 PG. 194 CF NO. 2004036328
DRJC OPRJC
L3
15.453 ACRES 'w--�—FND 5/3636
STONE WAY LIMITED PARTNERSHIP
CF NO. 2004036326
OPRJC
0 100 200
SCALE IN FEET �a i — — — — —
� � z
80
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NEGLEY STREET LINE °B°
II I
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z
WBEAUMONT INDEPENDENT SCHOOL DISTRICT
a OF JEFFERSON COUNTY, TEXAS I L I N E "A"
VOL. 1083 PG. 453 14,368.61 SQ. FT.
DRJC I 0.33 ACRES
-- LINE TABLE
E 0R T<+ EL2 DIRECTION DISTANCE
.� N 89'37'01" W 10.00'
F N 00'21'08" W 14 36.86'
S 89'40'33" E 1000'. S 00'21'08" E 1436.87'
v`'•.o,�
NOTES:
1. BEARINGS REFERENCED TO THE NORTH R.O.W.
LINE OF EAST LUCAS DRIVE N 89' 37' 01" W I
DEED. FND 5/8" SR
2. THIS EXHIBIT ACCOMPANIES A METES AND I W/CAP 3636
BOUNDS DESCRIPTION MADE ON THIS DAY.
EAST LUCAS DRIVE L1
LINE
LINE "A"
® EXHIBIT SHOWING A 10'WIDE UTILITY EASEMENT(0.33
ARCENEAUX ARCENEAUX & GATES ACRES)OUT OF THE STONE WAY LIMITED PARTNERSHIP
& Consulting Engineers, Inc. 15.453 ACRE TRACT SITUATED IN THE H.WILLIAMS,JR.
GATES EaLiaeers surveyors Plu,ners SURVEY,ABSTRACT NO.57
`°"ro:m BEAUMONT,JEFFERSON COUNTY,TEXAS
\ m-2 c A&G_Projects Ak PRQI C S AC IV DCS-010 DRAWINGS LineA.dwg -
EXUBIT A (3 of 8)
ARCENEAUX & GATES
ARCENEAUX Consulting Engineers, Inc.
GATES Engineers • Surveyors • Planners
METES AND BOUNDS DESCRIPTION
FOR 0.35 ACRES OF LAND SITUATED IN THE
H. WILLIAMS,JR. SURVEY, ABSTRACT NO. 57,
BEAUMONT, JEFFERSON COUNTY, TEXAS
10 FEET WIDE UTILITY EASEMENT
LINE «g»
Being a 0.35 acre tract or parcel of land, a portion of that certain tract of land (called
15.453 acres) as conveyed by deed to Stone Way Limited Partnership, recorded in
Clerk's File No. 2004036326 of the Official Public Records of Real Property, County
Clerk's Office, Jefferson County, Texas, as situated in and a part of the H. Williams, Jr.
Survey, Abstract No. 57 of said County and being more particularly described by metes
and bounds as follows;
FOR LOCATIVE PURPOSES, commence at a 5/8" steel rod with cap marked 3636
found located on the North Right of Way line of East Lucas Drive marking the Southeast
corner of the above described 15.453 acre tract;
THENCE North 89 deg. 37 min. 01 sec. West along the said North Right of Way line
with the South line of said 15.453 acre tract a distance of 10.00 feet to an angle point for
corner;
THENCE North 00 deg. 21 min. 08 sec. West, departing said Right of Way line, parallel
with and 10 feet normal distance from the East line of said 15.453 acre tract a distance of
862.79 feet to a point marking the lower Southwest corner and PLACE OF
BEGINNING of the herein described tract of land;
THENCE West a distance of 447.36 feet to an angle point for corner;
THENCE North 53 deg. 51 min. 33 sec. West a distance of 34.29 feet to an angle point
for corner;
_ C:W&G\M&B\2005\05-DCS-020-B:doc
One Turtle Creek Square 3501 Turtle Creek Dr., Suite 102 Port Arthur,TX 77642 409/724-7888 FAX 409/724-1447
EXHIBIT A (4 of 8)
THENCE North a distance of 6.40 feet to an angle point for corner;
THENCE West a distance of 275.76 feet to a point located on the upper West line of said
15.453 acre tract and the East Right of Way line of Pennock Avenue marking the
Southwest corner of the herein described tract of land;
THENCE North 00 deg. 18 min. 40 sec. West along the said East Right of Way line and
upper West line of said 15.453 acre tract with the West line of this tract a distance of
10.00 feet to a point marking the Northwest corner of the herein described tract of land;
THENCE East, departing said East Right of Way line a distance of 275.81 feet to an
angle point for corner;
THENCE North a distance of 99.46 feet to an angle point for corner;
THENCE along a curve to the right having a radius of 270.30 feet, a central angle of 38
deg. 24 min. 52 sec., an arc distance of 181.23 feet, a chord distance of 177.85 feet and a
chord bearing of North 19 deg. 12 min. 26 sec. East to an angle point for corner;
THENCE along a curve to the right having a radius of 361.00 feet, a central angle of 17
deg. 37 min. 22 sec., an arc distance of 111.03 feet a chord distance of 110.60 feet and a
chord bearing of North 47 deg. 13 min. 33 sec. East to an angle point for corner;
THENCE along a curve to the right having a radius of 207.98 feet, a central angle of 35
deg. 02 min. 32 sec., an arc distance of 127.20 feet, a chord distance of 125.23 feet and a
chord.bearing of North 73 deg. 33 min. 29 sec. East to an angle point for corner;
THENCE North 89 deg. 38 deg. 52 sec. East a distance of 212.70 feet to a point marking
the upper Northeast comer of the herein described tract of land;
THENCE South 00 deg. 21 min. 08 sec. East along the upper East line of this tract a
distance of 10.00 feet to a point marking the upper Southeast corner of the herein
described tract of land;
°- - C:\A&G\M&B\2005\05-DCS-020-B.doc
EXHIBIT A (5 of 8)
THENCE South 89 deg. 38 min. 52 sec. West a distance of 212.86 feet to an angle point
for corner;
THENCE along a curve to the left having a radius of 197.98 feet, a central angle of 35
deg. 04 min. 01 sec., an arc distance of 121.17 feet, a chord distance of 119.29 feet and a
chord bearing of South 73 deg. 34 min. 14 sec. West to an angle point for corner;
THENCE South 38 deg. 12 min. 42 sec. East a distance of 16.16 feet to an angle point
for corner;
THENCE South 51 deg. 47 min. 18 sec. West a distance of 10.00 feet to an angle point
for corner;
THENCE North 38 deg. 12 min. 42 sec. West a distance of 16.46 feet to an angle point
for corner;
THENCE along a curve to the left having a radius of 351.00 feet, a central angle of 14
deg. 17 min. 54 sec., an arc distance of 87.59 feet, a chord distance of 87.36 feet and a
chord bearing of South 45 deg. 33 min. 49 sec. West to an angle point for corner;
THENCE along a curve to the left having a radius of 260.30 feet, a central angle of 38
deg. 24 min. 52 sec., and arc distance of 174.52 feet, a chord distance of 171.27 feet and
a chord bearing of South 19 deg. 12 min. 26 sec. West to an angle point for comer;
THENCE South a distance of 110.73 feet to an angle point for corner;
THENCE South 53 deg. 51 min. 33 sec. East a distance of 22.39 feet to an angle point
for corner;
THENCE North a distance of 15.37 feet to an angle point for corner;
THENCE East a distance of 10.00 feet to an angle point for corner;
THENCE South a distance of 17.47 feet to an angle point for corner;
c:w&c\M&a\zoosws-ncs-MO-B.ac
EXHIBIT A (6 of 8)
THENCE East a distance of 385.19 feet to an angle point for corner;
THENCE North a distance of 17.60 feet to an angle point for corner;
THENCE East a distance of 10.00 feet to an angle point for corner;
THENCE South a distance of 17.60 feet to an angle point for comer;
THENCE East a distance of 41.72 feet to a point marking the lower Northeast corner of
the herein described tract of land;
THENCE South 00 deg. 21 min. 08 sec. East along the lower East line of this tract a
distance of 10.00 feet to the lower Southeast corner and PLACE OF BEGINNING and
containing in area 15,402 square feet or 0.35 acres of land, more or less.
0
Surveyed May, 2005 srE9•+y
Fa:N
......:...........................:......
JOHN R. (BOB)HODGES
�... � . 4
9 4583 vi......
P
Jo (Bob) Hodges, R .S. #4583
An Exhibit accompanies this metes and bounds description
Bearings referenced to the North Right of Way line of East Lucas Drive
North 89 deg. 37 min. 01 sec. West - deed
C\A&G\M&B\2005\05-DCS-020-B.doc
EXHIBIT A (7 of 8)
CALLED 72.67 ACRES CALLED 7.580 ACRES
BEAUMONT COUNTRY CLUB DUVALL FIRST CORP.
VOL. 1310 PG. 194 CF NO. 2004036328
DRJC OPRJC FND 5/8" SR
_'-W/CAP 3636
15.453 ACRES
$ STONE WAY LIMITED PARTNERSHIP
CF N0. 2004036326
OPRJC
0 100 200 c�
C3 _ _L10 _ L11
SCALE IN FEET
"B'• I LINE "A"
LINE v� �a�a
d�l . >
T U��U 15,402 SO. FT. o¢�°
A+0 1� 0.35 ACRES
I 3
X4+0 O
O
NEGLEY STREET J L18
L19 L23v
LIS — — _ _ _ _ L21 _ JfLL2 I L26
L3
P.O.B.
W^ LINE TABLE
Z a LINE "B"
NUMBER DIRECTION DISTANCE
L1 N 89'37'01" W 10.00'
a 3 L2 N 00'21'08" W 862.79'
L3 WEST 447.36'
x z n I L4 N 53'51'33" W 34.29'
U a L5 NORTH 6.40'
2 2 L1 WEST 275.76'
Z¢ BEAUMONT INDEPENDENT SCHOOL DISTRICT L7 N 00'18'40" W 10.00'
W" OF JEFFERSON COUNTY, TEXAS L8 EAST 275.81'
p VOL. 1083 PG. 453 I L9 NORTH 99.46'
DRJC I L10 N 89'38'52" E 212.70'
L11 S 00'21'08" E 10.00'
L12 S 89'38'52" W 212.86'
L13 S 38'12'42" E 16.16'
L14 S 51'47'18" W 10.00'
L15 N 38'12'42" W 16.46'
L16 SOUTH 110.73'
L17 S 53'51'33" E 22.39'
L18 NORTH 15.37'
CURVE TABLE
119 EAST 10.00'
NUMBER RADIUS DELTA ANGLE ARC LENGTH CHORD LENGTH CHORD DIRECTION I L20 SOUTH 17.47'
C1 270.30 38'24'52" 181.23 177.85 N 19'12'26" E L21 EAST 385.19'
C2 361.00 17'37'22" 111.03 110.60 N 47'13'33" E I L22 NORTH 17.60'
C3 207.98 35'02'32" 127.20 125.23 N 73'33'29" E I L23 EAST 10.00'
C4 260.30 38'24'52 174.52 171.27 S 19'12'26" W L24 SOUTH 17.60'
C5 351.00 14'17'54" 87.59 87.36 S 45'33'49" W I L25 EAST 41.72'
C6 1197.98 35'04'01" 1 121.17 119.29 S 73'34'14" W I L26 S 00'21'08" E 10.00'
NOTES:
1. BEARINGS REFERENCED TO THE NORTH R.O.W.
LINE OF EAST LUCAS DRIVE N 89' 37' 01" W
DEED. FIND 5/8" SR
THIS EXHIBIT ACCOMPANIES A METES AND I W/CAP 3636
�r OF L S DESCRIPTION MADE ON THIS DAY.
ISrF'FT L,
9 .. EAST LUCAS DRIVE P.O.C.
LINE "B"
JO
D9 � 458... .. .::....a
LINE"B"
EXHIBIT SHOWING A 10'WIDE UTILITY EASEMENT(0.35
ARCENEAUX & GATES ACRES)OUT OF THE STONE WAY LIMITED PARTNERSHIP
ARCENEAUX Consulting Engineers, Inc.
Engineers Surveyors Planner 15.453 ACRE TRACT SITUATED IN THE H.WILLIAMS,JR.
GATES SURVEY,ABSTRACT NO,57
Po;."-1' BEAUMONT,JEFFERSON COUNTY,TEXAS
\m-2 c A&G_Projects A&G PROJECTS ACTIVE DCS-010 DRAWINGS LineB.dwg
EXHIBIT A (8 of 8)
City of Beaumont
_Ej
Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED: Tom Scofield, Chief of Police
MEETING DATE: October 11, 2005
AGENDA MEMO DATE: September 16, 2005
REQUESTED ACTION: Consider a Resolution authorizing the City Manager to
execute all documents necessary, specifically including a
License Agreement, in order for the Beaumont Police
Department to continue to maintain a Police Substation at
Parkdale Mall.
RECOMMENDATION
Administration recommends authorizing the City Manager to execute all documents necessary to
continue the Police Substation at Parkdale Mall.
BACKGROUND
The Beaumont Police Department has had a Police Substation at Parkdale Mall for approximately
twelve (12) years. The attached License Agreement contains the same terms as prior license
agreements for a Police Substation at Parkdale Mall. The total fee is one dollar per year.
BUDGETARY IMPACT
The total fee is one dollar($1.00).
PREVIOUS ACTION
The Police Department has had a Police Substation at Parkdale Mall since 1994.
SUBSEQUENT ACTION
None
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF BEAUMONT:
THAT the City Manager be, and he is hereby, authorized to execute all documents
necessary, specifically including a License Agreement, in order for the Beaumont Police
Department to continue to maintain a Police Substation at Parkdale Mall. The License
Agreement is substantially in the form attached hereto as Exhibit "A."
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 11`h day of
October, 2005.
- Mayor Guy N. Goodson -
October 11,2005
Consider passage of an ordinance terminating the previously declared state of disaster made necessary
by the imminent threat of Hurricane Rita. Also to consider repealing Ordinance No. 05-076 which
removed the competitive bidding requirements because of the public calamity resulting from
Hurricane Rita
Cit y of Beaumont
�• Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Tyrone E. Cooper, City Attorney
MEETING DATE: October 11, 2005
AGENDA MEMO DATE: October 7, 2005
REQUESTED ACTION: Council consider passage of an ordinance terminating the previously
declared state of disaster made necessary by the imminent threat of
Hurricane Rita. Also to consider repealing Ordinance No. 05-076
which removed the competitive bidding requirements because of the
public calamity resulting from Hurricane Rita.
RECOMMENDATION
The Administration recommends approval of an ordinance terminating the previously declared
state of disaster made necessary by the imminent threat of Hurricane Rita and repealing Ordinance
No. 05-076 which removed the competitive bidding requirements because of the public calamity
resulting from Hurricane Rita.
BACKGROUND
On September 21, 2005, the Mayor issued a proclamation declaring a local state of disaster for
the City of Beaumont pursuant to Section 418.018(a) of the Texas Government Code due to the
imminent threat to the residents of the City of Beaumont posed by Hurricane Rita. This
proclamation activated the previously adopted City Emergency Management Plan. The Plan
called for prompt and effective response to a natural disaster, such as Hurricane Rita, and the
necessary emergency relief that would follow. The Mayor, as the Emergency Management
Director, also adopted emergency power directives calculated to effectively control the situation
in order to protect life and property of the Beaumont residents. The Council, on September 26,
2005, in an emergency meeting, confirmed and ratified the action of the Mayor and continued in
effect the previously proclaimed state of disaster.
The purpose of this action is to assess the present situation and to determine whether the
conditions which made the declaration of disaster necessary have sufficiently subsided to a point
that the state of emergency can be terminated. If the Council is satisfied that the conditions
necessitating the proclamation of a local state of disaster have ceased to exist or that the disaster
has been dealt with to the extent that emergency conditions no longer exist, then the declared state
of disaster should be terminated.
Council is also to consider repealing Ordinance No. 05-076 which suspended the operation of the
competitive bidding requirements for procurements made as part of the recovery efforts resulting
from Hurricane Rita.
BUDGETARY IMPACT
Has not been determined at this time.
PREVIOUS ACTION
None.
SUBSEQUENT ACTION
Passage of Ordinances 05-074, 05-075 and 05-076.
RECOMMENDED BY:
The Administration.
ORDINANCE NO.
ENTITLED AN ORDINANCE TERMINATING THE
DECLARED STATE OF DISASTER MADE NECESSARY BY
THE IMMINENT THREAT OF HURRICANE RITA AND
REPEALING ORDINANCE NO.05-076 WHICH SUSPENDED
THE COMPETITIVE BIDDING REQUIREMENTS FOR THE
RECOVERY EFFORTS RESULTING FROM HURRICANE
RITA.
WHEREAS, on September 21, 2005, the Mayor of the City of Beaumont issued a
proclamation declaring a local state of disaster in anticipation of the imminent threat that
Hurricane Rita posed upon the lives and property of the inhabitants of the City of
Beaumont; and
WHEREAS, by Ordinance No. 05-075, the City Council of the City of Beaumont
confirmed and ratified all emergency proclamations, orders, regulations, and curfews
previously issued by the Mayor; and
WHEREAS, the City Council continued in effect the declared state of disaster by the
Mayor until such time as the conditions necessitating the proclamation of the local state
of disaster ceased to exist; and
WHEREAS, the City Council for the City of Beaumont is of the opinion that the
conditions made necessary for the declaration of a local state of disaster no longer exist
and the local state of disaster should be terminated.
NOW, THEREFORE, BE IT ORDAINED
BY THE CITY COUNCIL OF THE CITY OF BEAUMONT, TEXAS:
Section 1.
THAT the City Council, as the governing body of the City of Beaumont, hereby
terminates the proclamation of a local state of disaster described in the preamble above.
Section 2.
THAT Ordinance No. 05-076, removing the operation of competitive bidding
requirements, made necessary because of the public calamity resulting from Hurricane
Rita, be and it is hereby repealed.
Section 3.
THAT a public emergency exists requiring that this ordinance be passed formally
on the date of its introduction; therefore, this ordinance shall take effect immediately upon
its passage.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 11th day of
October, 2005.
- Mayor Guy N. Goodson -
2
October 11,2005
Consider passage of an ordinance allowing for a period of six (6) months the parking, use and
occupancy of recreational vehicles and travel trailers on residential property as temporary living
quarters by property owners while the damage to these properties caused by Hurricane Rita is being
repaired
City of Beaumont
•�• Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Tyrone E. Cooper, City Attorney
MEETING DATE: October 11, 2005
AGENDA MEMO DATE: October 7, 2005
REQUESTED ACTION: Council consider passage of an ordinance allowing for a period of
six (6) months the parking, use and occupancy of recreational
vehicles and travel trailers on residential property as temporary
living quarters by property owners while the damage to these
properties caused by Hurricane Rita is being repaired.
RECOMMENDATION
The Administration recommends approval of an ordinance allowing for a period of six (6)months
the parking, use and occupancy of recreational vehicles and travel trailers on residential property
as temporary living quarters by property owners while the damage to these properties caused by
Hurricane Rita is being repaired.
BACKGROUND
On September 24, 2005, Hurricane Rita made landfall on the upper Texas coast as a Category 3
storm carrying winds in excess of 120 miles per hour. This storm caused major destruction to
much of the property in the City of Beaumont. There have been many requests made to allow
residents to occupy recreational vehicles and travel trailers on their property as temporary housing
while their homes are being repaired. It would be in the best interest of these residents to allow
them to remain close to their properties during this period of repair. It not only allows them to
protect their property by being there, but also allows them to remain in the City of Beaumont
while their properties are being repaired.
BUDGETARY IMPACT
None.
PREVIOUS ACTION
None.
SUBSEQUENT ACTION
None.
RECOMMENDED BY:
The Administration.
ORDINANCE NO.
ENTITLED AN ORDINANCE ALLOWING FOR A PERIOD
OF SIX (6) MONTHS THE PARKING, USE AND
OCCUPANCY OF RECREATIONAL VEHICLES OR TRAVEL
TRAILERS AS TEMPORARY LIVING QUARTERS ON
RESIDENTIAL PROPERTY DURING THE PERIOD OF
REPAIR OR RECONSTRUCTION OF DAMAGE TO
PROPERTY CAUSED BY HURRICANE RITA; PROVIDING
FOR SEVERABILITY; AND PROVIDING A PENALTY.
WHEREAS, the impact of Hurricane Rita has resulted in the damage and
destruction of numerous residential properties within the City of Beaumont; and,
WHEREAS, the use and occupancy of recreational vehicles and travel trailers will
be viable for use as temporary living quarters while these properties are being repaired;
and
WHEREAS, the City Council has determined that it is in the best interest of the City
of Beaumont in the protection of the public health, safety and welfare of its residents that
recreational vehicles or travel trailers be allowed for occupancy on residential property as
temporary housing during the period of repair or reconstruction of these hurricane-
damaged properties;
NOW, THEREFORE, BE IT ORDAINED BY
THE CITY COUNCIL OF THE CITY OF BEAUMONT:
Section 1.
THAT it is hereby permitted for a period of six (6) months from the effective date of
this ordinance the parking, use, and occupancy of recreational vehicles ortravel trailers on
residential property as temporary living quarters by property owners while the damage to
these properties caused by Hurricane Rita is being repaired.
Section 2.
It shall be unlawful for any person to park any such recreational vehicle or travel
trailer used for purposes of occupancy as temporary living quarters on any street, highway,
alley, sidewalk, or other public place in the City of Beaumont.
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 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 11th day of
October, 2005.
- Mayor Guy N. Goodson -
3
October 11,2005
Consider a request for a zone change from RS (Residential Single Family Dwelling) to RM-H
(Residential Multiple Family Dwelling-Highest Density) District (Tracts A and E) and GC-MD-2
(General Commercial-Multiple Family Dwelling-2)District(Tracts B-D)for property located at the
southeast quadrant of intersection of Dishman and Keith Road
104W�
City of Beaumont
Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Tom Warner, Public Works Director
MEETING DATE: October 11, 2005
AGENDA MEMO DATE: September 20, 2005
REQUESTED ACTION: Council consider a request for a zone change from RS (Residential
Single Family Dwelling) to RM-H (Residential Multiple Family
Dwelling-Highest Density) District (Tracts A and E) and GC-MD-2
(General Commercial-Multiple Family Dwelling-2)District(Tracts B-
D) for property located at the southeast quadrant of intersection of
Dishman and Keith Road.
RECOMMENDATION
The Administration recommends approval of a zone change from RS (Residential Single Family
Dwelling)to RM-H(Residential Multiple Family Dwelling-Highest Density)District (Tracts A and
E) and GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District (Tracts B-D) for
property located at the southeast quadrant of intersection of Dishman and Keith Road.
BACKGROUND
Schaumburg&Polk,Inc.has made application for a zone change from RS(Residential Single Family
Dwelling)District to RM-H(Residential Multiple Family Dwelling-Highest Density)District (Tracts
A and E)and GC-MD-2(General Commercial-Multiple Family Dwelling-2)District(Tracts B,C and
D) for 16 acres of land in the southeast quadrant of Dishman Road and Keith Road.
A. Huston Properties, LLC is developing 139 +acres. The bulk of the property will be developed
for single family uses. 17.449 acres will be rezoned to RM-H and sold to the YMCA for its new
location. An additional 14.662 acres will be rezoned to RM-H for multiple family residential uses.
Three tracts consisting of 6.06 acres will be rezoned to GC-MD-2 for commercial development. 1.3
acres of this commercial acreage will be used for a mini-storage facility for use by residents of the
development. The remainder of the commercial acreage will be used for restaurant/convenience/
general retail type establishments.
BUDGETARVIMPACT
None.
PREVIOUS ACTION
At a Joint Public Hearing held September 19, 2005,the Planning Commission voted 6:0 to approve
a zone change from RS (Residential Single Family Dwelling)to RM-H(Residential Multiple Family
Dwelling-Highest Density)District(Tracts A and E)and GC-MD-2 (General Commercial-Multiple
Family Dwelling-2) District (Tracts B-D) for property located at the southeast quadrant of
intersection of Dishman and Keith Road.
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 RS (RESIDENTIAL
SINGLE FAMILY DWELLING) DISTRICT TO RM-H
(RESIDENTIAL MULTIPLE FAMILY DWELLING-HIGHEST
DENSITY) DISTRICT (TRACTS A AND E) AND GC-MD-2
(GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING-
2) DISTRICT (TRACTS B THROUGH D) FOR PROPERTY
LOCATED AT THE SOUTHEAST QUADRANT OF THE
INTERSECTION OF DISHMAN AND KEITH 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 RS (Residential Single Family Dwelling) District to
RM-H (Residential Multiple Family Dwelling-Highest Density) District(Tracts A and E) and
GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District (Tracts B through D)
for property located at the southeast quadrant of the intersection of Dishman and Keith
Roads , City of Beaumont, Jefferson County, Texas, as described in Exhibits "A" through
"F", 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 of the underlying zoning district as well as those
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 11th day of
October, 2005.
- Mayor Guy N. Goodson -
0
8865 College Street, Suite 100
Schaumburg Inc.burg & Polk, I Beaurnunt, 'rexas 77707
C O N S U L T I N G EN G I N E E R S P h o n e (409)866-034 1
Fax (409 ) 866 - 0337
TRACT"A"
All that certain tract or parcel of land lying and being situated in Jefferson County, Texas, a
part of the southeast one quarter of the A. HOUSTON LEAGUE, ABSTRACT NO. 33 and being a
art of that certain tract of land
p herein referred to as the"Broussard"Tract,which said Broussard tract
is described as "Exhibit A" in that certain Partition Deed dated August 7, 1998 and recorded in
County Clerk's File No. 98-9829841 of the Real Property Records of Jefferson County,Texas, with
said tract or parcel herein described being more particularly described as follows:
COMMENCING at a Jefferson County Drainage District No.6 monument found in the south
right of way line of Dishman Road, a 60 foot wide right of way, for the northeast comer of the said
Broussard tract and being the northwest comer of that certain tract of land herein referred to as the
"11.80 acres" tract, which said 11.80 acres is described in that
certain instrument from A. Huston
Properties, LLC to Jefferson County Drainage District No. 6 dated December 19 2003 and recorded
in County Clerk's File No.2003051955 of the Real Property Records of Jefferson County,Texas;
THENCE South 87° 08' 41" West along and with the south right of way line of Dishman
Road and the north line of the said Broussard tract for a distance of 886.11 feet to the POINT OF
BEGINNING of the herein described tract;
THENCE South 02°56' 12"East for a distance of 154.05 feet to a point for comer;
THENCE South 15°29'06"West for a distance of 235.53 feet to a Point of Curvature(P.C.)
of a curve to the left having a radius length of 770.00 feet,with the radius point of the said curve being
located easterly fi-om the P.C.of the curve;
THENCE in a generally southerly direction along the said curve to the left,a total arc length
distance of 247.57 feet to the Point of Tangency(P.T.)of the said curve,with the said curve to the left
having a total central angle of 181 25' 18"and subtending a chord of 246.50 feet,the bearing of which
said chord being South 060 16'27"West;
THENCE South 02° 56' 12"East for a distance of 308.78 feet to a Point of Curvature(P.C.)
of a curve to the left having a radius length of 320.00 feet,with the radius point of the said curve being
located easterly fiom the P.C.of the curve;
THENCE in generally southerly direction along the said curve to the left, a total arc length
distance of 202.28 feet to the Point of Tangency(P.T.)of the said curve,with the said curve to the left
having a total central angle of 361 13'07"and subtending a chord of 198.93 feet,the bearing of which
said chord being South 21°02'45"East;
THENCE along the following:
South 39°09' 19"East, 180.52 feet to a point;
South 40°43' 54"West,566.95 feet to a point;
North 380 56' 38"West, 149.91 feet to the Point of Curvature(P.C.)of a curve to the
tight,the said curve to the right having a radius length of 735.00 feet,with the radius point of the said
curve being located easterly from the P.C.of the curve;
THENCE in a generally northerly direction along the said curve to the right,a total arc length
distance of 461.90 feet to the Point of Tangency (P.T.) of the said curve, with the said curve to the
right having a total central angle of 361 00' 26"and subtending a chord of 454.34 feet,the bearing of
which said chord being North 20°56'25"West;
THENCE North 020 56' 12" West for a distance of 1123.32 feet to a point for comer in the
south right of way line of Dishman Road and the north line of the said Broussard tract;
THENCE North 870 08'41"East along and with the south right of way line of Dishman Road
for a distance of 563.89 feet to the Point of Beginning and
Containing 17.449 acres of land,more or less.
F:BMP,1933001doc\YMCATmadoc EXHIBIT "A" -
0823:95 10:08 AM
8865 College Street, Suite 100
Schaumburg & Polk, Ilse. Beaumont, Texas 77707
C O N S U L T I N G E N G I N E E R S Phone ( 409) 866- 0341
Fax ( 409 ) 866 - 0337
TRACT"B"
All that certain tract or parcel of land lying and being situated in Jefferson County, Texas, a
part of the southeast one quarter of the A. HOUSTON LEAGUE, ABSTRACT NO. 33 and being a
part of that certain tract of land herein referred to as the "Broussard"Tract, which said Broussard tract
is described as "Exhibit A" in that certain Partition Deed dated August 7, 1998 and recorded in
County Clerk's File No. 98-9829841 of the Real Property Records of Jefferson County, Texas, with
said tract or parcel herein described being more particularly described as follows:
COMMENCING at a Jefferson County Drainage District No. 6 monument found in the south
right of way line of Dishman Road, a 60 foot wide right of way, for the northeast corner of the said
Broussard tract and being the northwest coiner of that certain tract of land herein referred to as the
"11.80 acres" tract, which said 11.80 acres is described in that certain instrument from A. Huston
Properties, LLC to Jefferson County Drainage District No. 6 dated December 19, 2003 and recorded
in County Clerk's File-No. 2003051955 of the Real Property Records of Jefferson County, Texas;
THENCE South 87° 08' 4l" West along and with the south right of way line of Dislunan
Road and the north line of the said Broussard tract for a distance of 1450.00 feet to the Point of
Bening of the herein described tract;
THENCE South 02° 56' 12" East for a distance of 199.14 feet to a point for corner;
THENCE South 87° 03' 48" West for a distance of 380.00 feet to a point for corner;
THENCE North 020 56' 12" West for a distance of 199.68 feet to a point for coiner in the
south right of way line of Dishman Road;
THENCE North 870 08' 41" East along and with the south right of way line of Dishman Road
for a distance of 380.00 feet to the Point of Beginning and
Containing 1.739 acres of land, more or less.
F. BMT 1933(Xldcx Tijct B'.doc EXHIBIT "B"
08/17M, 1:49 PM
8865 College Street, Suite IOU
Schaumburg & Polk, Inc. Beaumont, Texas 77707
C O N S U L T I N G E N G I N E E R S Phone ( 409 ) 866 - 0341
F a x ( 4 0 9 ) 8 6 6 - 0 3 3 7
TRACT"C"
All that certain tract or parcel of land lying and being situated in Jefferson County, Texas, a
part of the southeast one quarter of the A. HOUSTON LEAGUE, ABSTRACT NO. 33 and being a
part of that certain tract of land herein referred to as the"Broussard" Tract, which said Broussard tract
is described as "Exhibit A" in that certain Partition Deed dated August 7, 1998 and recorded in
County Clerk's File No. 98-9829841 of the Real Property Records of Jefferson County, Texas, with
said tract or parcel herein described being more particularly described as tollows:
COMMENCING at a Jefferson County Drainage District No. 6 monument found in the south
right of way line of Dishman Road, a 60 foot wide right of way, for the northeast corner of the said
Broussard tract and being the northwest comer of that certain tract of land herein referred to as the
"11.80 acres" tract, which said 11.80 acres is described in that certain instrument from A. Huston
Properties, LLC to Jefferson County Drainage District No. 6 dated December 19, 2003 and recorded
in County Clerk's File No. 2003051955 of the Real Property Records of Jefferson County,Texas;
THENCE South 87° 08' 41" West along and with the south right of way line of Disliman
Road and the north line of the said Broussard tract for a distance of 1890.00 feet to the POINT OF
BEGINNING of the herein described tract;
THENCE South 02° 56' 12"East for a distance of 199.76 feet to a point for corner;
THENCE South 87° 03' 48" West for a distance of 647.32 feet to a point for corner in the
west line of the said Broussard tract;
THENCE North 0211 43' 05" West along and with the west line of the said Broussard tract for
a distance of 200.68 feet to a 3/ inch rod found in the south right of way line of Dishman Road for the
northwest corner of the said Broussard tract;
THENCE North 87° 08' 41" East along and with the south right of way line of Dishman Road
and the north line of the said Broussard tract for a distance of 646.55 feet to the Point of Beginning
and
Containing 2.974 acres of land,more or less.
EXHIBIT "C"
P BMT.I 933(X/d,x 1 i;,Ci C duc
w,17/05 1 50 PM
8865 College Street, Suite 100
Inc.Schaumburg & Polk, Beaumont, Texas 77707
C O N S U L T I N G ENGINEERS P h o n e ( 4 0 9 ) 8 66- 03 4 1
Fax ( 409 ) 866 - 0337
TRACT"D"
All that certain tract or parcel of land lying and being situated in Jefferson County, Texas, it
part of the southeast one quarter of the A. HOUSTON LEAGUE, ABSTRACT NO. 33 and being a
part of that certain tract of land herein referred to as the "Broussard" tract, which said Broussard tract
is described as "Exhibit A" in that certain Partition Deed dated August 7, 1998 and recorded in
County Clerk's File No. 98-9829841 of the Real Property Records of Jefferson County, Texas, with
said tract or parcel herein described being more particularly described as follows:
COMMENCING at a Jefferson County Drainage District No. 6 monument found in the south
right of way line of Dishman Road, a 60 foot wide right of way, for the northeast corner of the said
Broussard tract and being the northwest corner of' that certain tract of land herein referred to as the
"11.80 acres" tract, which said 11.80 acres is described in that certain instrument fi-om A. Huston
Properties, LLC to Jefferson County Drainage District No. 6 dated December 19, 2003 and recorded
in County Clerk's File No. 2003051955 of the Real Property Records of Jefferson County,Texas;
THENCE South 87° 08' 41" West along and with the south right of way line of
Dishman Road and the north line of the said Broussard tract for a distance of 2536.55 feet to a '/ inch
iron rod found for the northwest corner of the said Broussard tract in the east line of that certain tract
of land herein referred to as the "LNVA" tract, which LNVA tract is described as"Strip No. 2" in that
certain instrument from the Lawman Company to Lower Neches Valley Authority dated September
10, 1954 and recorded in Volume 948, Page 160 ofthe Deed Records of Jefferson County,Texas;
THENCE South 02° 43' 05" Fast along and with the west line of the said Broussard tract and
the east line of the said LNVA tract for a distance of 3425.16 feet to a '/ inch iron rod found for the
southwest corner of the said Broussard tract and being the northwest corner of that certain tract of land
herein referred to as the "209.07 acre" tract , which said 209.07 acre tract is described in that certain
instrument from Rodney Lee Dishman et al to Jefferson County Drainage District No. 6 dated
February 28, 1990 and recorded in County Clerks File No. 103-06-2396 of the Real Property Records
of Jefferson County, Texas;
THENCE North 8711 09' 01" Fast along and with south line of the said Broussard tract and the
northline of the said 209.07 acre tract for a distance of 119.61 feet to the Point of Be;innipg of the
herein described tract and from which a '/2 inch iron rod found for the southeast corner of the said
Broussard tract bears North 8911 09' 01" East a distance of 1225.00 feet;
THENCE North 020 56' 12"West for a distance of 354.64 feet to a point for comer;
THENCE North 870 03' 48" East for a distance of 125.00 feet to a point for corner;
THENCE South 02° 56' 12" East for a distance of 185.00 feet to a Point of'Curvature (P.C.)
of a curve to the left; the said curve to the left having a radius of 50.00 feet; with the radius point of the
said curve being located easterly from the P.C. of the curve:
>= BMT`1933WdcxTiucto.aoc EXHIBIT "D"
08!19/05 4:12 PM
August 19, 2005
Page 2
THENCE in a generally southeasterly direction along the said curve to the left, a total arc
length distance of 78.54 feet to the Point of Tangency (P.T.) of the said curve, with the said curve to
the right having a total central angle of 90° 00' 00" and subtending a chord of 70.71 feet, the bearing
of which said chord being South 47° 56' 12" East;
THENCE North 87° 03' 48" East for a distance of 64.64 feet to a point for corner;
THENCE South 02° 56' 12" East for a distance of 120.00 feet to a point for comer in the
south line of the said Broussard tract;
THENCE South 87° 09' 01" West along and with the south line of the said Broussard tract
and the north line of the said 209.07 acre tract for a distance of 239.64 feet to the Point of Beginning
and
Containing 1.346 acres of land, more or less.
F B:'v1T1933UUdcx TL-act Dd� Schaumburg & Polk, Inc.
06,19/05 4-12 PM !I TINY- tT iccnr
8865 College Street, Suite I00
Schaumburg & Polk, Inc. Beaumont, Texas 77707
CONS LILTING ENGINEERS Phone (409 ) 866- 0341
Fax ( 409 ) 866 - 0337
TRACT" E"
All that certain tract or parcel of land lying and being situated in Jefferson County, Texas, a
part of the southeast one quarter of the A. HOUSTON LEAGUE, ABSTRACT NO. 33 and being a
part of that certain tract of land herein referred to as the "Broussard"Tract, which said Broussard tract
is described as "Exhibit A" in that certain Partition Deed dated August 7, 1998 and recorded in
County Clerk's File No. 98-9829841 of the Real Property Records of Jefferson County, Texas, with
said tract or parcel herein described being more particularly described as follows:
COMMENCING at a Jefferson County Drainage District No. 6 monument found in the south
right of way line of Dishman Road a 60 foot wide right
of way,y, for the northeast corner of the said
Broussard tract and being the northwest comer of that certain tract of land herein referred to as t13e
"11.80 acres" tract, which said 11.80 acres is described in that certain instrument from A. Huston
Properties, LLC to Jefferson County Drainage District No. 6 dated December 19, 2003 and recorded
in County Clerk's File No. 2003051955 of the Real Property Records of Jefferson County,Texas;
THENCE South 87° 08' 41" West along and with the south right of way line of Dishman
Road and the north line of the said Broussard tract for a distance of 2536.55 feet to a '/" inch iron rod
found for the northwest comer of the said Broussard tract in the east line of that certain tract of land
I erein referred to as the"LNVA" tract, which LNVA tract is described as "Strip No. 2" in that certain
instrument from the Lanman Company to Lower Neches Valley Authority dated September 10, 1954
and recorded in Volume 948, Page 160 of the Deed Records of Jefferson County,Texas;
THENCE South 02° 43' 05" East along and with the west line of the said Broussard tract and
the east line of the said LNVA tract for a distance of 3425.16 feet to a 3/ inch rod found for the
southwest corner of the said Broussard tract and being the northwest comer of that certain tract of land
herein referred to as the "209.07 acre" tract, which said 209.07 acre tract is described in that certain
instrument from Rodney Lee Dishman et al to Jefferson County Drainage District No. 6 dated
February 28, 1990 and recorded in County Clerks File No. 103-06-2396 of the Real Property Records
of Jefferson County,Texas;
THENCE North 87° 09' 01" East along and with the south line ofthe said Broussard tract and
the north line of'said 209.07 acre tract for a distance of 1324.61 feet to a point;
THENCE North 02° 56' 12" West for a distance of 171.46 feet to the Point of Begpnnin , of
the herein described tract;
THENCE South 870 03' 48" West for a distance of 1030.00 feet to a point for corner;
THENCE North 02` 56' 12" West f'()r a distance of'610.00 feet to a point for corner;
F BMT 1933(Y'.i Jam;Tna,:i E.dcK EXHIBIT "E"
(A'19%05 4:11 PM
August 19, 2005
Page 2
THENCE North 87° 03' 48" East for a distance of'298.06 feet to a Point of Curvature (P.C.)
of a curve to the left having a radius length of 590.00 feet, with the radius point of the said curve being
located northerly from the P.C. of the curve;
THENCE in a generally easterly direction along the said curve to the left, a total arc length
distance of 370.78 feet to the Point of Tangency (P.T.) of the said curve, with the said curve to the le$
having a total central angle of 36° 00' 26" and subtending a chord of 364.71 feet, the bearing of which
said chord being North 69° 03' 35" East;
THENCE North 51° 03' 22" East fora distance of 96,88 feet to a point;
THENCE South 38° 56' 38" East for a distance of 453.48 feet to a Point of Curvature (P.C.)
of a curve to the right having a radius length of 210.00 feet, with the radius point of the said curve
being located westerly from the P.C. of the curve;
THENCE in a generally southerly direction along the said curve to the right, a total arc length
distance of 131.97 feet to the Point of Tangency (P.T.) of the said curve, with the said curve to the
right having a total central angle of 36° 00' 26" and subtending a chord of 129.81 feet, the bearing of
which said chord being South 20° 56' 25" East;
THENCE South 02° 56' 12" East for a distance of'289.38 feet to the Point of Beginning and
Containing 14.662 acres of land, more or less.
F B;MI'193300dx Ti-act Edo Schaumburg & Polk, Inc.
0&19,05 4 11 PAM cnN41 H TINT; FN( Ili FF Rc
1800-Z: Request for a zone change from RS (Residential Single Family Dwelling) NOR%F, I
to RRI-H (Residential 'Multiple Family Dwelling-Highest Density) District (Tracts A
and E) and GC-MD-2 (General Commercial-Multipie Family Dwelling-2) District
(Tracts B-D). SCQ L�
Location: Southeast quadrant of intersection of Dishman and Keith Road N. S.
Applicant: Schaumburg & Polk, Inc.
CITY UnTS
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�' - EXHIBIT �� �-
4
October 11, 2005
Consider a request for a zone change from RM-H (Residential Multiple Family Dwelling-Highest
Density) to GC-MD (General Commercial-Multiple Family Dwelling) District and a specific use
permit to allow a drinking place and related parking in a GC-MD District at 4235 and 4290 Pradice
:4�_ , City of Beaumont
'i c
Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Tom Warner, Public Works Director
MEETING DATE: October 11, 2005
AGENDA MEMO DATE: October 6, 2005
REQUESTED ACTION: Council consider a request for a zone change from RM-H(Residential
Multiple Family Dwelling-Highest Density) to GC-MD (General
Commercial-Multiple Family Dwelling) District and a specific use
permit to allow a drinking place and related parking in a GC-MD
District at 4235 and 4290 Pradice.
RECOMMENDATION
The Administration recommends denial of a zone change from RM-H(Residential Multiple Family
Dwelling-Highest Density)to GC-MD(General Commercial-Multiple Family Dwelling)District and
a specific use permit to allow a drinking place and related parking in a GC-MD District at 4235 and
4290 Pradice.
BACKGROUND
Tina Renee Smith, the applicant, is requesting a specific use permit to allow a drinking place in an
existing building at 4290 Pradice and related parking on a vacant lot at 4235 Pradice. Ms. Smith
states that the night club will provide alcoholic beverages as well as music for dancing.
This property was granted a zone change to GC-MD and a specific use permit for a drinking place
in 1984. However, in 1991, the City Council revoked that specific use permit. At the time, the
building was vacant and City staff stated that the neighborhood petitioned the City to revoke the
specific use permit before another bar opened at that location. The request was based on the
neighborhood's experience with past bars that operated there. The petition stated that shootings,
drug dealing, noise and excessive traffic were directly related to the presence of a drinking place at
this location.
On July 18,2005,the Planning Commission recommended that the specific use permit for a drinking
place be denied. At the City Council meeting on August 2, 2005, there was discussion about the
amount of parking needed versus the amount of parking that the applicant could provide. The City
Council voted to allow the applicant to reapply once the parking issues had been addressed. Ms.
Smith has written permission to use a vacant lot across the street from the proposed bar. That lot
could accommodate 24 parking spaces if a modification to the landscaping requirement along the
north, south and east sides of the proposed parking lot was granted.
Based upon problems with the previous bars and because the surrounding area is a residential
neighborhood, the Planning Manager feels that a bar would be an incompatible land use.
BUDGETARY IMPACT
None.
PREVIOUS ACTION
At a Joint Public Hearing held September 19, 2005, the Planning Commission voted 6:0 to deny a
zone change from RM-H (Residential Multiple Family Dwelling-Highest Density) to GC-MD
(General Commercial-Multiple Family Dwelling)District and a specific use permit to allow a drinking
place and related parking in a GC-MD District at 4235 and 4290 Pradice.
SUBSEQUENT ACTION
None.
RECOMMENDED BY
Planning Commission, City Manager, Public Works Director and the Planning Manager.
ORDINANCE NO.
ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE
PERMIT TO ALLOW A DRINKING PLACE AND RELATED
PARKING IN A GC-MD (GENERAL COMMERCIAL-
MULTIPLE FAMILY DWELLING) DISTRICT LOCATED AT
4235 AND 4290 PRADICE 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 Tina Renee Smith to allow a drinking place and related parking in a GC-MD
(General Commercial-Multiple Family Dwelling) District located at 4235 and 4290 Pradice,
being Tract 15, Plat B-12, J. W. Bullock Survey and Lot 34, Block 1, West Limits Addition,
City of Beaumont, Jefferson County, Texas, containing 0.377 acres, more or less, as
described 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;
NOW, THEREFORE, BE IT ORDAINED BY THE
CITY OF BEAUMONT:
Section 1.
That all conditions necessary for issuance of a specific use permit have been met and a
specific use permit to allow a drinking place and related parking in a GC-MD (General
Commercial-Multiple Family Dwelling) District located at 4235 and 4290 Pradice, being
Tract 15, Plat B-12, J. W. Bullock Survey and Lot 34, Block 1, West Limits Addition, City
of Beaumont, Jefferson County, Texas, containing 0.377 acres, more or less, as described
on Exhibit "A" and made a part hereof for all purposes, is hereby granted to Tina Renee
Smith, her legal representatives, successors and assigns.
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 Exhibits "B"
and "C" and made a part hereof for all purposes.
Section 3.
Notwithstanding the site plan attached hereto, the use of the property 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 11th day of
October, 2005.
- Mayor Guy N. Goodson -
III 8 s,
LEl��1 ST
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File 1791-Z/P: Request for a zone change from RM-H (Residential Multiple Family NORTH
Dwelling-Highest Density) to GC-MD (General Commercial-Multiple Family
Dwelling) District or more restrictive district and a specific use permit to allow a A&
soh
I ' ! drinking place and related parking in a GC-MD (General Commercial-Multiple SCALE
i,
C Family Dwelling) District. 1"=200'
Location: 4235 and 4290 Pradice —
i r. Applicant: Tina Renee Smith
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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(GENERAL COMMERCIAL-MULTIPLE
FAMILY DWELLING) DISTRICT FOR PROPERTY
LOCATED AT 4235 AND 4290 PRADICE, 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 30-5B 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 (General Commercial-Multiple Family Dwelling) for property
located at 4235 and 4290 Pradice, being Tract 15, Plat B-12, J. W. Bullock Survey and Lot
34, Block 1, West Limits Addition, City of Beaumont, Jefferson County, Texas, containing
0.377 acres, more or less, as described in 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 of the underlying zoning district as well as those
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 11th day of
October, 2005.
- Mayor Guy N. Goodson -
� s P I / '� � � 1
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File 1791-Z(P: Request for a zone change from RM-H(Residential Multiple Family NORTH
Dwelling-Highest Density) to GC-MD (General Commercial-Multiple Family
Dwelling) District or more restrictive district and a specific use permit to allow a
r ` s drinking place and related parking in a GC-MD (General Commercial-Multiple SCALE
r ( '� Family Dwelling) District. 1"=200'
Location: 4235 and 4290 Pradice
Applicant: Tina Renee Smith
6/3 6a
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° EXHIBIT "A"
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5
October 11,2005
Consider a request for a zone change from A-R (Agricultural-Residential) District to RM-H
(Residential Multiple Family Dwelling-Highest Density)District for property located on the west side
of N. Major Drive, approximately 1,850'north of the Folsom Road intersection
City o f Beaumont
M - IL
Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Tom Warner, Public Works Director
MEETING DATE: October 11, 2005
AGENDA MEMO DATE: September 20, 2005
REQUESTED ACTION: Council consider a request for a zone change from A-R(Agricultural-
Residential)District to RM-H(Residential Multiple Family Dwelling-
Highest Density)District for property located on the west side of N.
Major Drive, approximately 1,850' north of the Folsom Road
intersection.
RECOMMENDATION
The Administration recommends approval of a zone change from A-R (Agricultural-Residential)
District to RM-H (Residential Multiple Family Dwelling-Highest Density) District for property
located on the west side of N. Major Drive, approximately 1,850' north of the Folsom Road
intersection.
BACKGROUND
John Binks,Doug Barlow,Doug Wells and Ronald and Monica Jannise are requesting a zone change
from A-R(Agricultural-Residential)District to RM-H(Residential Multiple Family Dwelling-Highest
Density) District for property located on the west side of Major Drive, approximately 1,850'north
of the Folsom Road intersection.
In 2000, Mr. Binks and Mr. Barlow rezoned 7.369 acres to RM-H. Apartments were built on that
property. The current zone change request is for 18.46 acres ofproperty south and southwest ofthe
7.369 acres. Mr. Binks and Mr. Barlow intend to develop the additional 18+acres with apartments.
BUDGETARY IMPACT
None.
PREVIOUS ACTION
At a Joint Public Hearing held September 19, 2005,the Planning Commission voted 6:0 to approve
a zone change from A-R(Agricultural-Residential) District to RM-H (Residential Multiple Family
Dwelling-Highest Density) District for property located on the west side of N. Major Drive,
approximately 1,850'north of the Folsom Road intersection.
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 A-R (AGRICULTURAL
RESIDENTIAL) DISTRICT TO RM-H (RESIDENTIAL
MULTIPLE FAMILY DWELLING-HIGHEST DENSITY)
DISTRICT FOR PROPERTY LOCATED ON THE WEST SIDE
OF N. MAJOR DRIVE,APPROXIMATELY 1,850' NORTH OF
THE FOLSOM ROAD INTERSECTION, 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 30-5B thereof, is hereby amended by changing the
zoning of property presently zoned as A-R (Agricultural-Residential) District to RM-H
(Residential Multiple Family Dwelling-Highest Density) District for property located on the
west side of N. Major Drive, approximately 1,850' north of the Folsom Road Intersection,
City of Beaumont, Jefferson County, Texas, as described in Exhibits "A" and "B", 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 of the underlying zoning district as well as those
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 11th day of
October, 2005.
- Mayor Guy N. Goodson -
LEGAL DESCRIPTION FOR ORDINANCES PURPOSES
Being a 18.46 acre tract or parcel of land out of the Rutledge Homestead Tract Partition
as recorded in Volume 1226, Page 101 of the Deed Records, County Clerk's Office,
Jefferson County, Texas and being all of the following described several tracts of land: a
3.04 acre tract (called Tract 1 and Lot 2 of said Rutledge Partition) as conveyed by deed
to Ronald Jannise, et ux, recorded in Film Code File No. 105-09-0380, Real Property
Records, , a 1.96 acre tract (called Lot 8 of said Rutledge Partition) as conveyed by deed
to Douglas H. Wells, recorded in File Code File No. 100-04-0574, Real Property
Records, the remnant portion of a 1.96 acre tract (called Tract 2 - Lot 14 of said Rutledge
Partition), a 3.98 acre tract (called Tract 1 - Parcel 2 - Lots 12 and 13 of said Rutledge
Partition) a 1.96 acre tract (called Tract - 1 Parcel 3 - Lot 10 of said Rutledge Partition)
all being conveyed by deed to John William Banks, et al, recorded in Clerk's File No.
1999027261, Official Public Records, a 1.96 acre tract (called Lot 9 of said Rutledge
Partition) as conveyed by deed to said John William Binks, et al,recorded in Clerk's File
No. 2003042350, Official Public Records, a 1.96 acre tract ( called Tract 2 Lot 11 of
said Rutledge Partition) as conveyed to said John William Binks,et al, recorded in
Clerk's File No. 2003025341, Official Public Records, together with the remaining
portion of said Rutledge Partition designated as a 60 feet Road Right of Way adjoining
said Lots, all being situated in and a part of the Daniel Easley League, Abstract No. 20,
Jefferson County, Texas, said 18.46 acre tract being more particularly described by metes
and bounds as follows;
Commencing at a point located on the West line of North Major Drive (aka FM Hwy
364) marking the Southeast corner of a 3.04 acre tract(called Lot I of said Rutledge
Partition) as conveyed by deed to Douglas H. Wells, recorded in Film File Code No. 100-
04-0574, Real Property Records, this point also marks the Northeast corner of the
Westhaven Terrace Addition as recorded in Volume 12, Page 20 of the Map or Plat
Records of said County;
THENCE North 00 deg. 29 min. 33 sec. West along said West Right of Way line a
distance of 157.27 feet to the Northeast corner of said Lot 1 and the upper Southeast
corner and PLACE OF BEGINNING of the herein described tract of land;
THENCE South 89 deg. 25 min. 43 sec. West along the North line of said Lot 1 a
distance of 844.39 feet to a point marking the Northwest corner of said Lot 1, the
Northeast corner of said Lot 8 and "ELL" of the herein described tract of land;
THENCE South 00 deg. 20 min. 37 sec. East ,passing at a distance of 157.27 the
Southwest comer of said Lot I and the Northwest corner of said Westhaven Terrace
Addition and continuing for a total distance of 595.06 feet a 5/8" steel rod found marking
the Southeast comer of said Lot 8 and the lower Southeast corner of the herein described
tract of land, this point also marks the upper Northeast corner of a called 84.974 acre tract
as conveyed by deed to L C I America, LLC, recorded in Clerk's File No. 2002028079 of
said Official Public Records;
EXHIBIT "A"
LEGAL DESCRIPTION FOR ORDINANCES PURPOSES
THENCE North 89 deg. 46 min. 48 sec. West along the North line of said 84.974 acre
tract with the South line of said Lots 8, 9, 10 and 11 a distance of 1110.91 feet to a point
located on the East line of a 220 feet wide Right of Way as conveyed by deed to the
Neches Canal Company (now the Lower Neches Valley Authority - aka L. N. V. A),
recorded in Volume 81 page 266 of said Deed Records, this point also marks the
Northwest corner of said 84.974 acre tract, the Southwest corner of said Lot 11 and the
Southwest corner of the herein described tract of land;
THENCE North 27 deg. 21 deg. 00 sec. East along the said East Right of Way line with
the West line of said Lot 11 a distance of 29.87 feet to an angle point for corner;
THENCE North 42 deg. 52 min. 10 sec. East continuing along the East line of said L. N.
V. A. Right of Way with the West line of said Lots 11, 12 and 13 a distance of 1330.87
feet to a 5/8" steel rod found marking the Northeast corner of said Lot 13, the Northwest
corner of said Lot 14, and the Northwest comer of the herein described tract of land, this
point also marks and angle point for corner of a called 7.368 acre tract as conveyed by
deed to Breakwater Bay, LTD. recorded in Clerk's File No. 2003014455 of said Official
Public Records;
THENCE South 00 deg. 24 min. 57 min. East along the West line of said 7.368 acre tract
with the common line of said Lots 13 and 14 a distance of 196.84 feet to a 1/2" steel rod
with cap found marking the Southwest corner of said 7.368 acre tract and an"ELL'
corner of the herein described tract of land;
THENCE North 89 deg. 21 min. 37 sec. East along the South line of said 7.368 acre tract
with the North line of this tract a distance of 1028.89 feet to a 3/4" steel rod found
located on the said West Right of Way line of North Major Drive marking the Southeast
corner of said 7.368 acre tract, the Northeast corner of said Lot 2 and the Northeast
corner of the herein described tract of land;
THENCE South 00 deg. 29 min. 33 sec. East along the said West Right of Way line with
the East line of said Lot 2 and upper East line.of this tract a distance of 217.39 feet to the
upper Southeast comer and PLACE OF BEGINNING and containing in area 18.46
acres of land, more or less.
.File 1799-Z: Request for a zone change from A-R (Agricultural-Residential) District to I NORTH
R-M-H (Residential Multiple Family Dwelling-Highest Density) District or more
restrictive district.
ocation: West side of N. Major Drive, approximately 1,850' north of the Folsom SCALE
oad intersection
pplicant: John Binks, Douglas Barlow, Douglas Wells, Ronald and Monica Jannise
0
1 Ell
AM
PON
Wei
6
October 11,2005
Consider a request for a specific use permit to allow a grocery store in a GC-MD-2 (General
Commercial-Multiple Family Dwelling-2) District at the northwest corner of Dowlen Road and
Delaware
City of Beaumont
� c
Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Tom Warner, Public Works Director
MEETING DATE: October 11, 2005
AGENDA MEMO DATE: September 20, 2005
REQUESTED ACTION: Council consider a request for a specific use permit to allow a grocery
store in a GC-MD-2(General Commercial-Multiple Family Dwelling-
2) District at the northwest corner of Dowlen Road and Delaware.
RECOMMENDATION
The Administration recommends approval of a specific use permit to allow a grocery store in a GC-
MD-2(General Commercial-Multiple Family Dwelling-2)District at the northwest corner ofDowlen
Road and Delaware, subject to the following conditions:
• That the lighting be directional and the lighting cut off points be on the subject property.
• If compressors are located at the rear of the building, they be screened with acoustical
material.
BACKGROUND
Robert Adams, PE, is representing HEB Grocery Company in this application for a specific use
permit to allow a grocery store in a GC-MD-2 (General Commercial-Multiple Family Dwelling-2)
District. The property is located at the northwest corner of Dowlen and Delaware Extension.
The subject property consists of 1.327 acres in which approximately 10,500 sq. ft. of the grocery
store sits. The rest ofthe 124,000 sq.ft. store and another 20,400 sq.ft. of retail space is in GC-MD
zoning.
The subject property will be screened from properties to the west with an 8'tall wood screening fence
and a 10'wide landscape strip. The nearest trash compactor will be 133' from the nearest property
line and will not be visible to any residential properties. All delivery truck traffic will enter and exit
off Delaware. Trucks will do all on-site maneuvering within the"horseshoe"created by the grocery
store and the retail strip. The driveway behind the store is a fire lane. Lighting on the rear of the
store will be shielded to point down towards the building.
BUDGETARY IMPACT
None.
PREVIOUS ACTION
At a Joint Public Hearing held September 19,2005,the Planning Commission voted 6:0 to approve
a specific use permit to allow a grocery store in a GC-MD-2 (General Commercial-Multiple Family
Dwelling-2)District at the northwest corner ofDowlen Road and Delaware,subject to the following
conditions:
• That the lighting be directional and the lighting cut off points be on the subject property.
• If compressors are located at the rear of the building, they be screened with acoustical
material.
SUBSEQUENT ACTION
None.
RECOMMENDED BY
Planning Commission, City Manager, Public Works Director and the Planning Manager.
ORDINANCE NO.
ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE
PERMIT TO ALLOW A GROCERY STORE IN A GC-MD-2
(GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING-
2)DISTRICT LOCATED AT THE NORTHWEST CORNER OF
DOWLEN ROAD AND DELAWARE EXTENSION 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 HEB Grocery Company to allow a grocery store in a GC-MD-2 (General
Commercial-Multiple Family Dwelling-2) District located at the northwest corner of Dowlen
Road and Delaware Extension, as described in Exhibits "A" and "B" 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 all conditions necessary for issuance of a specific use permit have been met and a
specific use permit to allow a grocery store in a GC-MD-2 (General Commercial-Multiple
Family Dwelling-2) District located at the northwest corner of Dowlen Road and Delaware
Extension, as described in Exhibits "A" and "B" and made a part hereof for all purposes,
is hereby granted to HEB Grocery Company, its legal representatives, successors and
assigns, subject to the following conditions:
• That the lighting be directional and the lighting cut off points be on the
subject property; and
• If compressors are located at the rear of the building, they be screened
with acoustical material.
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 "C
" 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 11th day of
October, 2005.
- Mayor Guy N. Goodson -
LEGAL DESCRIPTION FOR ORDINANCE PURPOSES
ALL THAT CERTAIN lot, tract, or parcel of land situated within the Hezekiah
Williams Survey Abstract 56 and being part of a caked 12.5240 acre tract(Phase
I Tract) and part of a caged 14.8211 acre tract (Phase 11 Tract) as described in a
deed to HEB Grocery Company, dated November 10, 2003 and recorded under
Clerk File No. 2003046935 in the Offrcial Public Records of Jefferson County,
Texas, and being more completely described as follows:
BEGINNING at a 518 inch rod found for the northwest comer of said 12.5240
acre tract, same being the southwest corner of said 14,8211 acre tract;
THENCE North 01 deg. 23 min. 48 sec. West along the west line of said 14.8211
acre tract, a distance of 314.06 feet to a point for comer, same being in the east
lin e of Ba rri ngto n Heights Subdivision Phase II recorded in Volume 16 P ag e 99
in the Map Records of Jefferson County, Texas;
THENCE North 68 deg. 36 min. 12 sec. East across said 14.8211 acre tract, a
distance of 100.00 feet to a point for comer;
THENCE South 01 deg. 23 min. 48 sec. East continuing across said 14.8211.
acre tract passing the south line of said 14.8211 acre tract and the north line of
said 12.5240 acre tract, continuing across said 12.5240 acre tract a total distance
of 577.97 feet to a point for comer;
THENCE South 88 deg. 36 min. 12 sec. West across said 12,5240 acre tract, a
distance of 100.00 feet to a point for corner in the west line of said 12.5240 acre
tract;
THENCE North 01 deg. 23 min. 48 sec. West along the west line of said 12.5240
acre tract, a distance of 263.91 feet to the PLACE OF BEGINNING containing
1.327 acres of land, of which 0.721 acres lie within said 14.8211 acre tract and
0.606 acres lie within said 12.5240 acre tract.
EXHIBIT "A"
Rie 1798-P: Request for a specific use permit to allow a grocery store in a GC-'SID-2 NORTH
((Teneral Commercial-Multiple Family Dwelling-2) District. .
Location: Northwest corner of Dowlen and Delaware
.-kppiicant: Robert Adams SCALE
N.T.S.
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* Approval subject to the following conditions: F/E6. GROCERY COMPANY
I� BEAUMONT, TEXAS
SPEC/F/G USE PERM/T
•
That the l fighting be directional and the lighting cut off points be on the subject property. I �Adams
• 1 t'aii conditioner compressors are located at the rear of the building,they be screened with acoustical -_-
FNGINFE RING
material•
-
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7
October 11, 2005
Consider a request for a specific use permit to allow a limousine and charter bus service in a GC-MD
(General Commercial-Multiple Family Dwelling)District at 5755 Fannett Road
Cit y of Beaumont
•�• Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Tom Warner, Public Works Director
MEETING DATE: October 11, 2005
AGENDA MEMO DATE: September 20, 2005
REQUESTED ACTION: Council consider a request for a specific use permit to allow a
limousine and charter bus service in a GC-MD(General Commercial-
Multiple Family Dwelling) District at 5755 Fannett Road.
RECOMMENDATION
The Administration recommends approval of a specific use permit to allow a limousine and charter
bus service in a GC-MD (General Commercial-Multiple Family Dwelling) District at 5755 Fannett
Road.
BACKGROUND
Eddie Williams, President of Venture Limousine and Charter Service, is requesting a specific use
permit to allow a limousine and charter bus service at 5755 Fannett Road.
Mr.Williams states that the office and property will be used for contracting trips,collecting revenues
for trips,keeping records for all contracted business and for the storing of limousines and buses. No
fuel or hazardous materials will be stored on site. No changes to the existing structure will be made.
Typical business hours will be 8 a.m. - 5 p.m. Most of the employees are contract labor.
In March, 2004, the City Council approved a specific use permit for this property to allow an
electrical contractor business. That business has since moved to another location.
BUDGETARY IMPACT
None.
PREVIOUS ACTION
At a Joint Public Hearing held September 19, 2005,the Planning Commission voted 6:0 to approve
a specific use permit to allow a limousine and charter bus service in a GC-MD(General Commercial-
Multiple Family Dwelling) District at 5755 Fannett Road.
SUBSEQUENT ACTION
None.
RECOMMENDED BY
Planning Commission, City Manager, Public Works Director and the Planning Manager.
ORDINANCE NO.
ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE
PERMIT TO ALLOW A LIMOUSINE AND CHARTER BUS
SERVICE INAGC-MD(GENERAL COMMERCIAL-MULTIPLE
FAMILY DWELLING) DISTRICT LOCATED AT 5755
FANNETT ROAD 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 Venture Limousine and Charter Service to allow a limousine and charter bus
service in a GC-MD(General Commercial-Multiple Family Dwelling) District located at 5755
Fannett Road, being Lot 4, Block B, Tyrrell Park Addition, City of Beaumont, Jefferson
County, Texas, containing 2.413 acres, more or less, as described 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;
NOW, THEREFORE, BE IT ORDAINED BY THE
CITY OF BEAUMONT:
Section 1.
That all conditions necessary for issuance of a specific use permit have been met and a
specific use permit to allow a limousine and charter bus service in a GC-MD (General
Commercial-Multiple Family Dwelling) District located at 5755 Fannett Road, being Lot 4,
Block B, Tyrrell Park Addition, City of Beaumont, Jefferson County, Texas, containing
2.413 acres, more or less, as described on Exhibit "A" and made a part hereof for all
purposes, is hereby granted to Venture Limousine and Charter Service, its legal
representatives, successors and assigns.
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 11th day of
October, 2005.
- Mayor Guy N. Goodson -
L
F �
File 1797-P: Request for a specific use permit to allow a limousine and charter bus NORTH
service in a GC-MD (General Commercial-Multiple Family Dwelling) District. .
Location: 5755 Fannett Road
- Applicant: Ed's Travel Service, Inc. dba Venture Limousine and Charter Service SCALE
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8
October 11,2005
Consider a request to abandon Lemon Street
V~f City of Beaumont
Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Tom Warner, Public Works Director
MEETING DATE: October 11, 2005
AGENDA MEMO DATE: September 20, 2005
REQUESTED ACTION: Council consider a request to abandon Lemon Street.
RECOMMENDATION
The Administration recommends approval of the request to abandon Lemon Street.
BACKGROUND
Greater Little Zion Church of God in Christ is requesting an abandonment of Lemon Street. Lemon
Street is an unimproved street east of Magnolia. The church is located at 4296 Magnolia and owns
all of the property north and south of Lemon.
Dr,Adam Smith,pastor,states that the church would like to redevelop the adjacent properties as part
of its expansion plans. Proposed improvements include a small neighborhood park with walking
trails, pavilions,picnic tables and playground.
The request was sent to all interested parties. No negative responses were received.
BUDGETARYIMPACT
None.
PREVIOUS ACTION
At a Regular Meeting held September 19, 2005, the Planning Commission voted 6:0 to approve a
request to abandon Lemon Street.
SUBSEQUENT ACTION
None.
RECOMMENDED BY
Planning Commission, City Manager, Public Works Director and the Planning Manager.
ORDINANCE NO.
ENTITLED AN ORDINANCE ABANDONING LEMON
STREET IN THE CITY OF BEAUMONT, JEFFERSON
COUNTY, TEXAS.
THAT Lemon Street, being all of Lemon Street, beginning at the east right-of-way line of
Magnolia Street and extending in an easterly direction for a distance of 555 feet ± to the
end of the street right-of-way, in the City of Beaumont, Jefferson County,Texas, containing
0.819 acres, more or less, as described on Exhibit "A" attached hereto, be and the same
is hereby vacated and abandoned.
PASSED BY THE CITY COUNCIL of the City of Beaumont on this the 11th day of
October, 2005.
- Mayor Guy N. Goodson -
File 687-OB: Request for the abandonment of Lemon Street. NORTH
Location: East of Magnolia
Applicant: Greater Little Zion Church of God in Christ
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EXHIBIT "A” P5
9
October 11,2005
Consider a request to abandon the most westerly 135'of N. Willowood Lane
VO4W City of Beaumont
qw_
Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Tom Warner, Public Works Director
MEETING DATE: October 11, 2005
AGENDA MEMO DATE: September 20, 2005
REQUESTED ACTION: Council consider a request to abandon the most westerly 135' of N.
Willowood Lane.
RECOMMENDATION
The Administration recommends approval of the request to abandon the most westerly 135' of N.
Willowood Lane subject to the following conditions:
• Retain the abandoned street right-of-way as a drainage easement.
• Do not impede storm water from flowing into the drainage inlets.
• Retain a 10' exclusive water line easement for the 6" water main, 5' on each side of the
water main.
• No structures or appurtenances shall be placed within the water line easement.
• Water Utilities will not be responsible for any surface restoration when water main
repairs are necessary.
BACKGROUND
Several property owners in the neighborhood, including a property owner adjacent to the subject
property,had called the Planning Division asking for help with drug related activities occurring in the
area. The Planning Division was informed that individuals from the apartment complex just west of
the subject property were using this right-of-way to enter the Minglewood neighborhood to carry on
drug deals.
The Planning Manager suggested that the right-of-way abandonment would allow the adjacent
property owners the ability to fence off the right-of-way to prohibit access into the neighborhood
from the apartment complex.
The request was sent to all interested parties. No negative responses were received. However,there
is a 6" water main along the south side of the right-of-way. Water Utilities is requiring a 10' wide
easement straddling the water line. In addition, there are two drainage inlets in the right-of-way.
Therefore, Engineering is requiring that a drainage easement be retained.
BUDGETARY IMPACT
None.
PREVIOUS ACTION
At a Regular Meeting held September 19, 2005, the Planning Commission voted 6:0 to approve a
request to abandon the most westerly 135'ofN. Willowood Lane subjectto the following conditions:
• Retain the abandoned street right-of-way as a drainage easement.
• Do not impede storm water from flowing into the drainage inlets.
• Retain a 10' exclusive water line easement for the 6" water main, 5' on each side of the
water main.
• No structures or appurtenances shall be placed within the water line easement.
• Water Utilities will not be responsible for any surface restoration when water main
repairs are necessary.
SUBSEQUENT ACTION
None.
RECOMMENDED BY
Planning Commission, City Manager, Public Works Director and the Planning Manager.
ORDINANCE NO.
ENTITLED AN ORDINANCE ABANDONING THE MOST
WESTERLY 135' OF NORTH WILLOWOOD LANE IN THE
CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS.
THAT North Willowood Lane, being the most westerly 135' of North Willowood Lane,
beginning at the western terminus of said street right-of-way and extending a distance of
135' in an easterly direction to the west right-of-way line of Redwood Lane, City of
Beaumont, Jefferson County, Texas, containing 0.185 acres, more or less, as described
on Exhibit"A"attached hereto, be and the same is hereby vacated and abandoned subject
to the following conditions:
• Retain the abandoned street right-of-way as a drainage easement;
• Do not impede storm water from flowing into the drainage outlets;
• Retain a 10' exclusive water line easement for the 6" water main, 5'
on each side of the water main;
• No structures or appurtenances shall be placed within the water line
easement; and
• Water Utilities will not be responsible for any surface restoration when
water main repairs are necessary.
PASSED BY THE CITY COUNCIL of the City of Beaumont on this the 11th day of
October, 2005.
- Mayor Guy N. Goodson -
--- - t = 28
c
Fite 688-OB: Request for the abandonment of a portion of NA illowood Lane. NORTH;
1-ocation: West of Redwood Lane
Applicant: City of Beaumont Planning Division �..
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EXHIBIT "A"
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TJM3ER f'✓GD LA.All E
10
October 11,2005
Consider a request for an HC-L(Historic Cultural-Landmark Preservation)designation for the house
at 2240 Calder
Cit y of Beaumont
M OL Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Tom Warner, Public Works Director
MEETING DATE: October 11, 2005
AGENDA MEMO DATE: September 20, 2005
REQUESTED ACTION: Council consider a request for an HC-L(Historic Cultural-Landmark
Preservation) designation for the house at 2240 Calder.
RECOMMENDATION
The Administration recommends approval of the request for an HC-L(Historic Cultural-Landmark
Preservation) designation for the house at 2240 Calder.
BACKGROUND
The Beaumont Heritage Society is requesting an HC-L (Historic Cultural-Landmark Preservation
Designation) for the "Chambers House" at 2240 Calder.
Recently,the Beaumont Heritage Society was named to oversee the restoration and operation of the
Chambers House Museum. The museum is expected to be open to the public in early 2006.
The house is in both the 1989 and 1990 SPARE Beaumont survey. The 1989 SPARE stated that the
house is probably the city's best example ofthe Colonial Revival style. The house is typical ofhomes
built by wealthy Beaumont families after the second Spindletop boom. It is one of the last properties
on Calder with both house and grounds intact surviving from the days when Calder was Beaumont's
premier residential neighborhood.
The house was built by Mr. Hardee Turner of Turner and Nabors Lumber Company. He acquired
the land in 1906 and built the house not long after that. The Chambers family, C. Homer and Edith
Fuller Chambers, with their daughters, Ruth and Florence, purchased the house in 1914. In 1924,
they added the pillars in front of the house and the sun porch on the side. Mr. Chambers owned
Chambers Hardware. Members of the Chambers family occupied the house until 2002.
BUDGETARY IMPACT
None.
PREVIOUS ACTION
At a Regular Meeting held September 12, 2005,the Historic Landmark Commission recommended
approval of the request.
At a Regular Meeting held September 19,2005,the Planning Commission voted 6:0 to approve the
request for an HC-L (Historic Cultural-Landmark Preservation) designation for the house at 2240
Calder.
SUBSEQUENT ACTION
None.
RECOMMENDED BY
Planning Commission, Historic Landmark 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 ESTABLISHING AN HC-L
(HISTORICAL-CULTURAL LANDMARK PRESERVATION
DESIGNATION) FOR THE HOUSE AT 2240 CALDER,
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 establishing an
HC-L (Historical-Cultural Landmark Preservation Designation) for the house at 2240
Calder, being Lots 16-20, Block 4, Averill Addition, City of Beaumont, Jefferson County,
Texas, containing 2.58 acres, more or less, as described on Exhibit "A" attached hereto
and made a part hereof for all purposes, 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 11th day of
October, 2005.
- Mayor Guy N. Goodson -
File 48-HC: Request for an HC-L (Historic Cultural-Landmark Preservation' NORTH
Designation). A
Location: 2240 Calder
Applicant: Beaumont Heritage Society SCALE
V=200'
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t?, ` . EXHIBIT «A" It PJ P. PJ P6
October 11,2005
Consider approval of a resolution authorizing the City Manager to execute a contract for the City of
Beaumont Rehabilitation of the Northwest Elevated Water Storage Tank at Lucas Street
City of Beaumont
Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Hani Tohme, Water Utilities Director
MEETING DATE: October 11, 2005
AGENDA MEMO DATE: September 19, 2005
REQUESTED ACTION: Council approval of a resolution authorizing the City Manager to execute
a contract for the City of Beaumont Rehabilitation of the Northwest
Elevated Water Storage Tank at Lucas Street.
RECOMMENDATION
Administration recommends approval of a contract with Utility Service Co.,Inc., Houston, Texas, in the
amount of$584,525.00 to furnish and install all labor, materials, and equipment to repair, rehabilitate,
abrasive blast interior and exterior,repaint interior and exterior,and disinfect the existing 1,500,000 gallon
Northwest Elevated Water Storage Tank located at Lucas Street. This award will include pressure washing
all blast cleaned areas if the soluble salt content is above 100 parts per million(ppm),the required limit by
the Texas Commission on Environmental Quality(TCEQ).
BACKGROUND
The existing elevated storage tank was built in 1958.The structure is located within a fenced area adjacent
to a residential neighborhood.The field investigation concluded that the inside and outside paint of the tank
have deteriorated, and must be abrasive blasted and repainted in order to stay in compliance with TCEQ
regulations. The primary goals of the project are to restore the integrity of the interior and exterior surfaces
of the elevated storage tank, repair all structural damage,and provide customers with safe,adequate and
uninterrupted service.
BUDGETARY IMPACT
Funds for the project are available in the Capital Improvement Fund.
PREVIOUS ACTION G
None.
SUBSEQUENT ACTION
None.
RECOMMENDED BY
City Manager and Water Utilities Director.
BID TABULATION
CITY OF BEAUMONT
JEFFERSON COUNTY,TEXAS
REHABILITATION OF THE NORTHWEST ELEVATED
WATER STORAGE TANK
AT LUCAS STREET
BID OPENING:THURSDAY,SEPTEMBER 8,2005 AT 2:00 PM Utility Service,Co.,Inc. DMS Painting,Inc.
ENGINEER: SCHAUMBURG&POLK,INC. P.O.41304 5327 Pine Ave.
Houston,TX 77241 Pasadena,TX 77503
ITEM NO. DESCRIPTION QTY. UNIT TOTAL PRICE TOTAL PRICE
BASE BID ITEMS
F 2.1. Mobilization cost, including payment bond, performance
bond,insurance,and moving equipment to project,NOT TO
EXCEED 3% OF TOTAL PROJECT BIDS, all in strict
accordance with plans and specifications for, I LS $10,000.00 $20,077.00
Furnish and install all labor, materials, and equipment to
repair, rehabilitate, abrasive blast interior & exterior,
shrouding, repaint interior & exterior, and disinfect the
existing 1,500,000 gallon elevated water storage tank as
required in the Special Provision to the Technical
Specifications (SP-1), restore surface to its preconstructed
condition or better including sodding and fence replacement
as needed, all in strict accordance with the Contract
Documents,Technical Specifications,and Drawings,for,
1 LS $559,525.00 $669,249.35
TOTAL BID AMOUNT $569,525.00 $689,326.35
ADDITIVE BID ITEMS
1. If the soluble salt content is above 100ppm, furnish and
install all labor, materials, and equipment to pressure wash
per SSPC-SP-1 all blast cleaned areas as required in the
Special Provisions to the Technical Specifications(SP-1),all
in strict accordance with the Contract Documents,Technical
Specifications and Drawings,for 1 LS $9,000.00 $14,000.00
2. Furnish and install all labor, materials, and equipment to
repair the exterior coating system of the West Elevated
Water Storage Tank as required in the Special Provisions to
the Technical Specifications (SP-1), including surface
preparation and painting all in strict accordance with the
plans and specifications for, 1 LS $6,000.00 $6,000.00
TOTAL ADDITIVE BID ITEMS AMOUNT $15,000.00 $20,000.00
Bid Bond YES YES
Corporate Resolution YES NO
Information Required of Bidder YES YES
Minority Business Utilization Commitment NO NO
Schedule C(MBE Participation) NO NO
The Bid Proposals submitted have been reviewed,and to the best of my knowledge this is an accurate
tabulation of the Bids received.
By: Date:
Schwnwury Paw Inc.
caou�rea u1oeran
FAbW Tabulation Po9e t a
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF BEAUMONT:
THAT the City Manager be, and he is hereby, authorized to execute a contract with Utility
Service Co., Inc., of Houston, Texas, in the amount of$584,525 to furnish and install all
labor, materials, and equipment to repair, rehabilitate, abrasive blast interior and exterior,
repaint interiorand exterior, and disinfectthe existing 1,500,000 gallon Northwest Elevated
Water Storage Tank located at Lucas Street.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 111h day of
October, 2005.
- Mayor Guy N. Goodson -
Pictures were taken on September 14, 2005 of Northwest Elevated Storage Tank at Lucas Street
1
. Pictures were taken on September 14, 2005 of Northwest Elevated Storage Tank at Lucas Street
2
12
October 11, 2005
Consider amending Section 26-24 of the Code of Ordinances to modify the effective times and zone
limits of school zones adjacent to Ozen and Central High Schools
��
- 931 Cl of Beaumont
M K,
Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Mark Horelica, Transportation Manager
MEETING DATE: October 11, 2005
AGENDA MEMO DATE: September 15, 2005
REQUESTED ACTION: Council consider amending Section 26-24 of the Code of Ordinances
to modify the effective times and zone limits of school zones adjacent
to Ozen and Central High Schools.
RECOMMENDATION
Administration recommends amending Section 26-24 of the Code of Ordinances as follows:
DELETE SCHEDULE C
DELETE SCHEDULE F
REPLACE SCHEDULE C (as follows)
In accordance with this section and when signs are erected giving notice thereof, the prima facie
speed limit shall be twenty(20)miles per hour in the following zones between the hours of 6:45 a.m.
and 8:15 a.m, and 2:15 p.m. and 3:45 p.m., Monday through Friday on school days:
STREET DIRECTION OF DESCRIPTION
TRAVEL
Fannett Road(SH 124) N& S From a point 650 feet west of the centerline of
Westmoreland Street to a point 250 feet east
of the centerline of Fifth Street.
Fourth Street N & S From a point 100 feet north of the centerline
of Southerland Street to a point 90 feet south
the centerline of Glenwood Avenue.
STREET DIRECTION OF DESCRIPTION
TRAVEL
Jaguar Street N& S From the centerline of South Street to the
centerline of Smart Street.
South Street E& W From a point 250 feet west of the centerline of
Oxford Street to a point 300 feet east of the
centerline of Jaguar Street.
BACKGROUND
The Beaumont Independent School District has altered the hours of attendance for Ozen High School
for the 2005 - 2006 school year. As a result, both Ozen and Central high schools have the same
commencement and dismissal times. In order to accommodate this change,the amendment of Section
26-24 of the Code of Ordinances is necessary to change the effective times of school zones located
adjacent to both high schools to cover a period of45 minutes before to 30 minutes after school begins
and a period of 30 minutes before and 45 minutes after school dismisses.
BUDGETARY IMPACT
None.
PREVIOUS ACTION
None.
SUBSEQUENT ACTION
None.
RECOMMENDED BY
City Manager, Public Works Director, City Engineer and Transportation Manager
' b
ORDINANCE NO.
ENTITLED AN ORDINANCE AMENDING CHAPTER 26,
SECTION 26-24, OF THE CODE OF ORDINANCES OF THE
CITY OF BEAUMONT TO MODIFY THE EFFECTIVE TIMES
AND ZONE LIMITS OF SCHOOL ZONES ADJACENT TO
OZEN AND CENTRAL HIGH SCHOOLS.
BE IT ORDAINED BY THE CITY OF BEAUMONT:
Section 1.
That Chapter 26, Section 26-24 of the Code of Ordinances of the City of Beaumont
be and the same is hereby amended as follows:
DELETE SCHEDULE C AND REPLACE AS FOLLOWS:
In accordance with this section and when signs are erected giving notice thereof,the prima
facie speed limit shall be twenty (20) miles per hour in the following zones between the
hours of 6:45 a.m. and 8:15 a.m. and 2:15 p.m. and 3:45 p.m., Monday through Friday on
schooldays:
STREET DIRECTION OF DESCRIPTION
TRAVEL
Fannett Road (SH 124) N & S From a point 650 feet west of the
centerline of Westmoreland Street to a
point 250 feet east of the centerline of
Fifth Street.
Fourth Street N & S From a point 100 feet north of the
centerline of Southerland Street to a point
90 feet south the centerline of Glenwood
Avenue.
Jaguar Street N & S From the centerline of South Street to the
centerline of Smart Street.
South Street E & W From a point 250 feet west of the
centerline of Oxford Street to a point 300
feet east of the centerline of Jaguar
Street.
DELETE SCHEDULE F
Section 2.
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 3.
That all ordinances or parts of ordinances in conflict herewith are repealed to the
extent of the conflict only.
Section 4.
That any person who violates any provision of this ordinance shall, upon conviction,
be punished, as provided in Section 1-8 of the Code of Ordinances of Beaumont, Texas.
PASSED BY THE CITY COUNCIL of the City of Beaumont on this the 11th day of
October, 2005.
- Mayor Guy N. Goodson -