HomeMy WebLinkAboutPACKET FEB 19 2008 A " ' L
City of Beaumont
REGULAR MEETING OF THE CITY COUNCIL,
COUNCIL CHAMBERS FEBRUARY 19, 2008 1:30 P.M.
CONSENT AGENDA
* Approval of minutes
* Confirmation of committee appointments
Maggie Perkins would be appointed to the Historic Landmark Commission. The term would
commence February 19, 2008 and expire February 18, 2010. (Mayor Pro Tern Audwin M.
Samuel)
Sharon Hendrix would be appointed to the Parks and Recreation Advisory Committee. The term
would commence February 19, 2008 and expire February 18, 2010. (Mayor Pro Tern Audwin M.
Samuel)
Bettye Smith would fill the unexpired term of Lee Smith on the Martin Luther King, Jr. Parkway
Commission. The term would commence February 19, 2008 and expire September 10, 2009.
(Councilmember Jamie D. Smith)
Raymond Noack(Plumbing)would be reappointed to the Construction Board of Appeals
(Building). The current term would expire January 24, 2010. (Mayor Becky Ames)
Arthur Louis would be reappointed to the Martin Luther King, Jr. Parkway Commission. The
current term would expire February 13, 2010. (Mayor Pro Tern Audwin M. Samuel)
Walter Kyles would be reappointed to the Planning Commission. The current term would expire
June 3, 2009. (Councilmember Jamie D. Smith)
Donna Ferchak would be reappointed to the Community Development Advisory Committee. The
current term would expire October 17, 2009. (Councilmember Nancy Beaulieu)
Dennis Spooner would be reappointed to the Martin Luther King, Jr. Parkway Commission. The
current term would expire February 13, 2010. (Councilmember Nancy Beaulieu)
Carolyn Howard would be reappointed to the Convention and Tourism Advisory Board. The
current term would expire January 7, 2010. (Councilmember Alan B. Coleman)
A) Approve Change Order No. 1 for the security access system at the 911 Operations Center
B) Authorize the Mayor to execute the Texas Department of Transportation's Plan Title
Sheets for proposed improvements to Kansas City Southern Railroad Crossings at
Crockett, Olin and Trinity Streets
C) Authorize the acceptance of a ten foot (10')wide exclusive water line easement for fire
hydrants to serve Mike Aref's property(Mike Enterprises, Inc.) located at 3035 College
Street
D) Authorize the acceptance of a ten(10) foot wide water line easement providing access for
fire prevention services for the new Meadows Nursing Home property at 2485 S. Major
Drive(FM 364)
E) Authorize the settlement of the claim of Ida Hill
F) Authorize the settlement of the lawsuit of Johnny Raye Hadnot vs. The City of Beaumont
G) Authorize the City Manager to execute an Interlocal Agreement with the Texas
Department of Public Safety
H) Amend Ordinance 99-013 by replacing the existing exhibit`B" with a revised exhibit `B"
referencing the proposed location for a new water well
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF BEAUMONT:
THAT the following appointment be made:
Beginning Expiration
Appointment Commission of Term of Term
Maggie Perkins Historic Landmark Commission 02/19/08 02/18/10
Sharon Hendrix Parks & Recreation Advisory Committee 02/19/08 02118/10
Bettye Smith is appointed to the Martin Luther King, Jr. Parkway Commission to fill the
unexpired term of Lee Smith. The term will commence February 19, 2008 and expire
September 10, 2009.
THAT the following reappointments be made:
Beginning Expiration
Reappointment Commission of Tenn of Term
Raymond Noack-
(Plumbing) Construction Board of Appeals (Building) 02/19/08 01/24/10
Arthur Louis Martin Luther King, Jr. Parkway Commission 02/19/08 02/13110
Walter Kyles Planning Commission 02/19/08 06/03/09
Donna Ferchak Community Development Advisory Committee 02/19/08 10/17/09
Dennis Spooner Martin Luther King, Jr. Parkway Commission 02/19/08 02/13/10
Carolyn Howard Convention and Tourism Advisory Board 02/19/08 01/07/10
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 19th day of
February, 2008.
- Mayor Becky Ames -
A
nCity Council Agenda Item
� K
TO: City Council
FROM: Kyle Hayes, City Manager
'��p.
PREPARED BY: Tom Warner, Director of Public Works
MEETING DATE: February 19, 2008
REQUESTED ACTION: Council approval of Change Order No. 1 for the security
access system at the 911 Operations Center.
RECOMMENDATION
The Administration recommends approval of Change Order No. 1 for the security access system
at the 911 Operations Center totaling $8,342.24 to SecureNet, Inc.
BACKGROUND
On May 29, 2007 Council awarded a contract for the installation of a security access system at
the 911 Operations Center to SecureNet, Inc. of Houston in the amount of$67,753.96. The
system includes card access readers installed on the parking lot gate, at entrances to the building
and at entrances to I"and 2nd floor levels and office areas. The system also includes video
cameras, fire and motion detection alarms, recorders, door locks and reader pedestals for parking
lot gates.
Change Order No. 1 in the amount of$8,342.24 includes the installation of three (3) additional
card access readers with related hardware at critical security points. This change order also
includes the replacement and connection of one (1) additional video camera. Both revisions will
serve to heighten the security level of the facility and prevent unauthorized access to the secured
Dispatch area.
This change order represents a 12.3% increase to the contract. The change does not alter the
expected date of Substantial Completion.
A copy of Change Order No. 1 is attached for your review.
BUDGETARYIMPACT
Funds for Change Order No. 1 are available in the Capital Program.
�r
City of Beaumont
CHANGE ORDER #1
PROJECT: New Security Access System/911 Dispatch Center
OWNER: CITY OF BEAUMONT
P.O. BOX 3827
BEAUMONT, TEXAS 77704
CONTRACTOR:
On this the twenty sixth day of October, 2007, the following change to the Contract Documents is
hereby made:
Item 1 Necessity of change: As a result of a site meeting with Technology Services and Ricky
Smith (911 Center Manager) to review access control into secured areas, it has been
determined that the security access level will need to be taken to a higher level than
previously proposed. The higher level of security will prevent unauthorized personnel from
entering the designated dispatch area without proper authorization.
Description: The higher level of security will be achieved by adding card readers and
related hardware to door#31 between corridor#220&corridor#234 and door#19 at hall
#222. In addition to the added door security, the existing camera located at the exterior
entrance door#4 needs to be replaced and connected to the new camera system currently
being installed.
Building Services Division has reviewed the request and agree that the changes are
necessary to ensure the higher level of security is maintained. The related cost for this
change is as follows:
Additional Cost of Item 1 .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $5,239.87
Item 2 Necessity of change: In addition to the items requested in Item 1 above,Ricky Smith(911
Center Manager)expressed concern of a potential breech in security from Corridor#249 to
the Secretary/ Receptionist Office #252. In the event door #44 & # 43 (leading to the
Director/Manager's Office) &door#45 (leading to Corridor#239) are not secured at all
times, an unauthorized person would have the potential to gain access to the secured area
of Dispatch.
Building Services • 1848 Pine Street • Beaumont, Texas 77703 • (409) 880-3792 • Fax (409) 833-9332
P.O. Box 3827 • Beaumont, Texas 77704-3827
Description: To prevent the potential security breech at door #44 and further control
personnel entering through this location, the installation of a card reader and related
hardware will need to be added.
Additional Cost of Item 2 .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $3,102.37
Total cost for this Change Order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $8,342.24
ORIGINAL CONTRACT AMOUNT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $67,753.96
AMOUNT OF PREVIOUS CHANGE ORDERS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $0.00
TOTAL AMOUNT OF THIS CHANGE ORDER . . . . . . . . . . . . . . . . . . . . . . . . . . . $8,342.24
ADJUSTED CONTRACT AMOUNT TO DATE . . . . . . . . . . . . . . . . . . . . . . . . . . $76,096.20
PERCENTAGE OF CHANGE - THIS CHANGE ORDER . . . . . . . . . . . . . . . . . . . . . 12.3%
PERCENTAGE OF CHANGE TO DATE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12.3%
ORIGINAL CONTRACT TIME . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . NA
ADDITIONAL CONTRACT TIME -CHANGE ORDER# 1 . . . . . . . . . . . . . . . . . . . . . . NA
ADJUSTED CONTRACT TIME TO DATE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . NA
APPROVED BY:
T, C
BUILDIXG SERVIC SUPERINTENDENT
CAPI'K PROJECTS MANAGER
CITY MANAGER
RESOLUTION NO.
WHEREAS, on May 29, 2007, the City Council of the City of Beaumont, Texas,
passed Resolution No. 07-161 awarding a bid to SecureNet, Inc., Houston, Texas, for
furnishing and installing a new security card access system for the Municipal Court
Building, including the new 911 Operations Center located at 700 Orleans, in the amount
of$67,753.96; and,
WHEREAS, Change Order No. 1 is necessary for the installation of three (3)
additional card access readers with related hardware at critical security points and the
replacement and connection of one (1) additional video camera increasing the contract
amount by $8,342.24 thereby increasing the total contract amount to $76,096.20.
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the City Manager be and he is hereby authorized to execute Change Order No. 1
increasing the contract amount by $8,342.24 for a total amount of $76,096.20 for the
Municipal Court Building,including the new 911 Operations Center located at 700 Orleans.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 19th day of
February, 2008.
- Mayor Becky Ames -
B
1179j,j City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Tom Warner, Director of Public Works
MEETING DATE: February 19, 2008
REQUESTED ACTION: Council authorize the Mayor to execute the Texas
Department of Transportation's Plan Title Sheets for
proposed improvements to Kansas City Southern
Railroad Crossings at Crockett, Olin and Trinity
Streets.
RECOMMENDATION
Administration recommends Council authorize the Mayor to execute the Texas Department of
Transportation's Plan Title Sheets for proposed improvements to Kansas City Southern Railroad
Crossings at Crockett, Olin and Trinity Streets.
BACKGROUND
The Texas Department of Transportation(TxDOT)has submitted to the City plans for improvements
to the railroad warning devices at the Crockett,Olin and Trinity Street crossings with the Kansas City
Railroad(KC S).The proposed improvements include flashing lights and bells at the Crockett crossing
and flashing lights,gate arms and bells at the Olin and Trinity crossings. Since the railroad tracks pass
through the middle of the Crockett and Avenue C intersection, the installation of gate arms is not
practical.
Upon completion of the proposed improvements,the City will be responsible for the mai enance of
the advanced warning signs and pavement markings at all three crossings. Additionally,the City will
be responsible for the trimming and maintaining trees and vegetation for adequate visibility of the
crossing signals and warning signs.
BUDGETARY IMPACT
None.
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF BEAUMONT:
THAT the Mayor be and she is hereby authorized to execute the Texas Department of
Transportation's Plan Title Sheets for proposed improvements to Kansas City Southern
Railroad Crossings at Crockett, Olin and Trinity Streets.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 19th day of
February, 2008.
- Mayor Becky Ames -
c
City g Council Agenda Item
t175
A " c
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Tom Warner, Public Works Director
MEETING DATE: February 19, 2008
REQUESTED ACTION: Council consider a resolution authorizing the acceptance
of a ten foot (10') wide exclusive water line easement for
fire hydrants to serve Mike Aref's property (Mike
Enterprises, Inc.) located at 3035 College Street.
RECOMMENDATION
Administration recommends acceptance of the above named easement.
BACKGROUND
Mike Enterprises, Inc. has agreed to a ten foot (10') wide exclusive water line easement to the
City of Beaumont. The easement is located at 3035 College Street (Lot 78, College Acres
Addition) and will provide mandatory access for fire prevention services and allow for the
construction, alteration, operation and maintenance of the said water line and its
appurtenances.
BUDGETARY IMPACT
None.
engfire mikes-ib.wpd
7 February 2008
RESOLUTION NO.
WHEREAS, Mike Enterprises, Inc. has agreed to convey an exclusive ten-foot(10')
wide Water Line Easement located at 3035 College Street, being Lot 78, College Acres
Addition, City of Beaumont, Jefferson County, Texas, as described in Exhibit "A" and
shown on Exhibit "B" attached hereto and made a part hereof for all purposes, for the
purpose of providing access for fire prevention services and allow for the construction,
alteration, operation and maintenance of the said water line and its appurtenances; and,
WHEREAS, the City Council has considered the purpose of said conveyance and
is of the opinion that the acceptance of said conveyance is necessary and desirable and
that same should be accepted;
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the easement conveyed by Mike Enterprises, Inc., be and the same is hereby, in all
things, accepted.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 19th day of
February, 2008.
- Mayor Becky Ames -
EXHIBIT "A"
0.0389 ACRE OF LAND
FOR AN EXCLUSIVE WATERLINE EASEMENT
OUT OF COLLEGE ACRES ADDITION,
CITY OF BEAUMONT,JEFFERSON COUNTY, TEXAS
BEING 0.0389 acre of land out of and a part of Lot 78, College Acres Addition, City of
Beaumont, recorded in Volume 5, Page 71, Map Records, Jefferson County, Texas; being
part of a tract of land conveyed to Mike Aref, recorded in File No. 2007040821, Official
Public Records, Jefferson County, Texas; said 0.0389 acre tract being more fully
described by metes and bounds as follows, to wit:
COMMENCING at a point on the South right of way line of a dedicated road named
College Street; said point being the Northwest corner of said Mike Aref tract on the
common line of Lots 78 and 79, College Acres Addition;
THENCE, Ref. Line = East, on the South right of way line of said College Street, same
being the North line of said Mike Aref tract, a distance of 55.25' to a point for corner
being the POINT OF BEGINNING and Northwest corner of the herein described tract;
THENCE, East, continuing on the South right of way line of said College Street, same
being the North line of said Mike Aref tract, a distance of 10.00' to a point for corner
being the Northeast corner of the herein described tract;
THENCE, South, 00 deg., 01 min., 12 sec., West, a distance of 144.33' to a point for
corner being an interior corner of the herein described tract; from which the Northeast
corner of said Mike Aref tract bears East, a distance of 134.30';
THENCE, South 89 deg., 58 min., 48 sec., East, a distance of 15.00' to a point for
corner;
THENCE, South 00 deg., 01 min., 12 sec., West, a distance of 10.00' to a point for
corner being the Southeast corner of the herein described tract;
THENCE, North 89 deg., 58 min., 48 sec., West, a distance of 25.00' to a point for
corner being the Southwest corner of the herein described tract;
THENCE, North 00 deg., 01 min., 12 sec., East, a distance of 154.33' to the POINT OF
BEGINNING and containing 0.0389 acre of land for exclusive waterline easement.
This description is based on the Land Survey made by Anthony M. Leger, Registered
Professional Land Surveyor No. 5481, on January 10, 2008.
City of Beaumont �� o F T�
LS-08-0029
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AN FHIONY
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CLIENT: CITY OF BEAUMONT EXHIBIT "B"
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POINT OF BEGINNING /a
/ SOUTH R.O.W. LINE 13430'_ 55.25'
L100.00' I REF. LINE EAST
NORTH EAST 10.00' NORTH WEST
CORNER MIKE AREF. CORNER MIKE AREF.
TRACT TRACT
COLLEGE STREET
( 130' R.O.W. )
DESCRIPTION OF SERVICES: PLAT AND DESCRIPTION FOR EXCLUSIVE WATER LINE EASEMENT
SURVEYOR'S CERTIFICATION:
The undersigned does hereby certify that this survey was this day of the property legally
described hereon and is correct and that said property,
has access to and from a dedicated roadway. Dated 1/10/08
The above tract being located at COLLEGE STREET BEAUMONT TEXAS 77701
and being described as 0.0389 ACRE OF LAND PART OF LOT 78 COLLEGE ACRES ADDITION
as recorded in Volume 5 , Page 71 of the MAP Records of JEFFERSON County, Texas.
This survey is certified for this transaction only; it is not tr�rable to additional institutions or subsequent owners.
NOTE:
METES AND BOUNDS TO ANTHONY M. LEGER
ACCOMPANY PLAT OF EVEN DATE REGISTERED PROFESSIONAL LAND SURVEYOR NO. 5481
F TF
ANl it a
Project No. 08-0029 _ S 0 U T E X '
SURVEYORS INC.
Drawn By: S. LEGER = 3737 DOCTORS DRIVE SURVE
PORT ARTHUR, TEXAS 77642
(409) 983-2004 (409) 983-2005 9
Dmoftlar
79JJ Cit Council A ends Item
Y g
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Tom Warner tPV blic Works Director
MEETING DATE: February 19, 2008
REQUESTED ACTION: Council consider a resolution authorizing the acceptance
of a ten (10) foot wide water line easement providing
access for fire prevention services for the new Meadows
Nursing Home property at 2485 S. Major Drive (FM
364).
RECOMMENDATION
Administration recommends acceptance of the above named easement.
BACKGROUND
Cleburne Care Property, LP. has agreed to convey a ten (10) foot wide water line easement to
the City of Beaumont. The Water Line Easement (out of the Charles Williams Survey) will
provide mandatory access to the water lines and fire hydrants for the new Meadows Nursing
Home property located at 2485 S. Major Drive (FM 364) and would also allow for the
construction, alteration, operation and maintenance of the said water line and appurtenances.
BUDGETARY IMPACT
None.
engmeadows-ib.wpd
7 February 2008
RESOLUTION NO.
WHEREAS, Cleburne Care Property, LP. has agreed to convey a ten-foot(10')wide
Water Line Easement located at 2485 S. Major Drive (FM 364), as described in Exhibit"A"
attached hereto and made a part hereof for all purposes, for the purpose of providing
access for fire prevention services and allow for the construction, alteration, operation and
maintenance of the said water line and its appurtenances; and,
WHEREAS, the City Council has considered the purpose of said conveyance and
is of the opinion that the acceptance of said conveyance is necessary and desirable and
that same should be accepted;
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the easement conveyed by Cleburne Care Property, LP., be and the same is hereby,
in all things, accepted.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 19th day of
February, 2008.
- Mayor Becky Ames -
EXHIBIT "A", Page 1 of 3
CENTERLINE DESCRIPTION
FOR A
10-FOOT WIDE WATER LINE EASEMENT
OUT OF THE
CHARLES WILLIAMS SURVEY, ABSTRACT 59
JEFFERSON COUNTY, TEXAS
JANUARY 24, 2008
A centerline description for a 10-foot wide water line easement (5 feet each side of centerline)
out of the Charles Williams Survey, Abstract 59, Jefferson County, Texas, being out of a called
5.5983 acre.tract conveyed to Cleburne Care Property, LP as recorded in Clerks File No.
2007016573 of the Official Pubtic Records of Jefferson County, Texas, said centerline
description being more particularly described by courses and distances as follows:
Note: The Basis of Bearing is the east line of the said 5.5983 acre tract having been called
South 00 010'36"West 500.00 feet.
COMMENCING at a 5/8" capped iron rod found in the east right-of-way line of Major Drive (aka
F.M. Highway 364) for the southwest corner of a called 0.40 acre tract conveyed to Billy Wayne
Taylor as recorded in Film Code 102-79-0279 of the Real Property Records of Jefferson
County, Texas and the northwest corner of the said 5.5983 acre tract from which a 5/8" capped
iron rod found for the northeast corner of the said 5:5983 acre tract bears South 89°48'50" East
499.94 feet (called South 89°49'24" East 500.00 feet);
THENCE South 02°22'47" East along the said east right-of-way line of Major Drive (aka F.M.
Highway 364) and the west line of the said 5.5983 acre tract a distance of 5.09 feet (called
South 02°24'06" East) to a point for the POINT OF BEGINNING of the said centerline;
THENCE South 89 048'50" East along the said centerline a distance of 55.16 feet to a point for
the POINT OF BEGINNING of Tap A, a 10-foot wide water line easement, from which the
POINT OF TERMINATION of Tap A bears South 00°11'10" West 28.40 feet;
THENCE South 89°48'50" East continuing along the said centerline a distance of 439.55 feet to
an angle point;
THENCE South 00 010'36"West continuing along the said centerline a distance of 76.56 feet to
a point for the POINT OF BEGINNING of Tap B a 10-foot wide water line easement, from which
the POINT OF TERMINATION of Tap B bears North 89 049'24"West 45.67 feet;
THENCE South 00°10'36"West continuing along the said centerline a distance of 310.00 feet to
a point for the POINT OF BEGINNING of Tap C a 10-foot wide water line easement, from which
the POINT OF TERMINATION of Tap C bears North 89°49'24"West 45.67 feet;
Fittz&Shipman,Inc.
Page 1 of 2
Project No. 07141.0003wtresmt
Plat&Description
EXHIBIT "A", Page 2 of 3
THENCE South 00°10'36" West continuing along the said centerline a distance of 78.44 feet to
a point for the POINT OF TERMINATION of the said centerline in the north line of a proposed
road from which a 5/8" capped iron rod found for the southeast comer of the said 5.5983 acre
tract bears South 09 018'12" East 30.36 feet.
This Field Note Description is based on a survey performed by Fittz & Shipman, Inc. on January
19, 2008.
Waiter J. Ksiazek
Registered Professional Land Surveyor No. 5321
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Fittz&Shipman,Lac.
Page 2 of 2
Project No. 07141.0003Nvtresmt
Plat&Description
CLIENT: CLEBURNE CARE PROPERTY LP G.F. NO. -
EXHIBIT "A", PAGE 3 OF 3
N U <
�J�N �LJLIn w
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NOW OR FORMERLY NOW OR FORMERLY : .0 m p O1 u a
BILLY WAYNE TAYLOR DICK H. HUMPHREYS wo S wo Q9 z° G.
COMMENCING FILM CODE 102-79-0279, R.P.R.J.C. FILM CODE 103-76-2079, R.P.R.J.C. I,a° -j J a o
POINT (CALLED 0.40 ACRES) (CALLED 1.17 ACRES) O0 2"i w d 0
FOUND 5/8" n ° w
CAPPED O¢ v O W .aw. .
IRON ROD L1 (CALLED S 89'49'24"E 500.00) Z V)8- Z v
S 89'48'50" E 499.94
�L2 M —————————-——— ____-1 o L4 FOUND 5/B"
TAP A CAPPED
o POINT OF CENTERLINE OF JI IRON ROD
0 3 10' WIDE WATER
BEGINNING TAP B L6 J
i� CENTERLINE LINE EASEMENT _
o N WATER LINE (5' EACH SIDE)
z V EASEMENT
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NOW OR FORMERLY
w
FOUND CLEBURNE CARE PROPERTY, LP
MONUMENT CLERKS FILE N0. 2007016573, O.P.R.J.C. I ai F°' Lb n
W/BRASS DISC (TRACT I - CALLED 5.5983 ACRES) a)3 0 w 00-
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°m N NUMBER DIRECTION DISTANCE °4 w w$ w
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w 3 a 3 CALLED S 02'24'06" E I I rO p am o Z J
A L2 S 89'48'50" E 55.16 °< z
a g o o L3 S 0011'10" W 28.40 I W
O Z L4 S 89'48'50" E 439.55
~' Y w iv L5 S 00'10'36" W 76.56
Z<° L6 N 89'49'24" W 45.67
Z L7 S 00'10'36" W 310.00 TAP C L8 J
L8 N 89'49'24" W 45.67 — POINT OF
TERMINATION
L9 S 00'10'36" W 78.44 a) CENTERLINE
L10 S 09'18'12" E 30.36 - WATER LINE
EASEMENT
PROPOSED ROAD
0
N 89'48'58" W 474.42
FOUND 5/8" - �--- (CALLED N 89'49'24" W 474.38) _ d
CAPPED
w
IRON ROD FOUND 5/8" q v
NOW OR FORMERLY IRON CAPPED r o a
CLEBURNE CARE PROPERTY, LP ROD J w p
CLERKS FILE NO. 2007016573, O.P.R.J.C. M cj� n n
(TRACT II - CALLED 2.9244 ACRES) p O_ °
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DESCRIPTION OF SERVICES REQUESTED: 10' WIDE WATER-LINE EASEMENT
SURVEYOR'S CERTIFICATION:
I DO HEREBY CERTIFY, TO THE BEST OF MY KNOWLEDGE AND BELIEF, THAT THIS IS AN ACCURATE PLAT OF A SURVEY k DESCRIPTION MADE ON
THE GROUND UNDER MY SUPERVISION, AS OF-JANUARY 19 008 THE ABOVE TRACT BEING LOCATED AT MAJOR DRIVE (AKA F M HIGHWAY 364) BEAUMONT TEXAS 77707
AND BEING DESCRIBED AS A 10' WATER LINE EASEMENT IN THE CHARLES WILLIAMS SURVEY A-59
AS RECORDED IN VOLUME _ PAGE _ OF THE__D5ZD _RECORDS OF J FF R ON COUNTY, TEXAS.
REVISION DATE
4�
WALTER J. KSIAZEK
REGISTERED PROFESSION LAND SUR OR NO. 5321
DATE: 1-22-08
FIELD Fittz&Shipman
BOOK NO.: 08-02 INC.Conrulun g E ngineers and Land Suvey ors
y
JOB NO.: 07141.000 1405 CORNERSTONE COURT BEAUMONT, TEXAS
(409)832-7238 FAX (409)832-7303 JMw
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. Cit y of Beaumont
qw_
Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Tyrone E. Cooper, City Attorney, ,
MEETING DATE: February 19, 2008
REQUESTED ACTION: Consider a resolution authorizing the settlement of the claim of Ida
Hill.
RECOMMENDATION
Council approval of a resolution authorizing the settlement of the claim of Ida Hill.
BACKGROUND
Council discussed this claim in an Executive Session held on February 12, 2008.
BUDGETARYIMPACT
There are sufficient funds in the General Liability Fund to pay a settlement amount of$13,500.
RESOLUTION NO.
WHEREAS, the claim of Ida Hill has been discussed in an Executive Session
properly called and held Tuesday, February 12, 2008; and,
WHEREAS, the Council desires to authorize the settlement of the claim;
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the City Attorney be and he is hereby authorized to settle the claim of Ida Hill in the
amount of Thirteen-Thousand, Five-hundred Dollars.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 19th day of
February, 2008.
- Mayor Becky Ames -
City of Beaumont
Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager XL�
PREPARED BY: Tyrone E. Cooper, City Attorney
MEETING DATE: February 19, 2008
REQUESTED ACTION: Consider a resolution authorizing the settlement of the lawsuit
of Johnny Raye Hadnot vs. The City of Beaumont
RECOMMENDATION
Council approval of a resolution authorizing the settlement of the lawsuit styled Johnny Rae
Hadnot vs. The City of Beaumont.
BACKGROUND
Council discussed this lawsuit in an Executive Session held on February 12, 2008.
BUDGETARYIMPACT
There are sufficient funds in the General Liability Fund to pay the settlement amount of$35,000.
RESOLUTION NO.
WHEREAS, the lawsuit of Johnny Raye Hadnot vs. The City of Beaumont has been
discussed in an Executive Session properly called and held Tuesday, February 12, 2008;
and,
WHEREAS, the Council desires to authorize the settlement of the lawsuit;
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the City Attorney be, and he is hereby, authorized to settle the lawsuit of Johnny
Raye Hadnot vs. The City of Beaumont in the amount of Thirty-Five Thousand Dollars
($35,000).
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 19th day of
February, 2008.
- Mayor -
G\CG\AGENDA\P END ING\02-19-08 wpd
G
ciliji City Council Agenda Item
A c
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Laura Clark, Chief Financial Officer
MEETING DATE: February 19, 2008
REQUESTED ACTION: Council consider authorizing the City Manager to execute
an Interlocal Agreement with the Texas Department of
Public Safety.
RECOMMENDATION
Administration recommends the Council authorize the City Manager to execute an Interlocal
Agreement with the Texas Department of Public Safety for the purchase of blood alcohol test
kits.
BACKGROUND
The Texas Department of Public Safety(DPS) currently has the only lab with the capability to test
blood samples for drugs and alcohol. The DPS will only accept blood samples that use their
blood test kits. In order to purchase these test kits, an Interlocal Agreement must be approved
and signed by the City of Beaumont.
BUDGETARY IMPACT
There is no budgetary impact in executing this Interlocal Agreement.
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 an Interlocal Agreement
with the Texas Department of Public Safety for the purchase of blood alcohol test kits.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 19th day of
February, 2008.
- Mayor Becky Ames -
H
City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Dr. Hani Tohme, Water Utilities Director
MEETING DATE: February 19, 2008
REQUESTED ACTION: Council consider amending Ordinance 99-013 by replacing
the existing exhibit`B" with a revised exhibit`B".
RECOMMENDATION
Administration recommends approval of amending Ordinance 99-013 by replacing the existing
exhibit`B" with a revised exhibit`B".
BACKGROUND
The Texas Commission on Environmental Quality's Texas Administrative Code, Chapter 290,
Sub-Chapter D, Rules and Regulations for Public Water Systems, requires public water wells to
have Sanitary Control Easements for areas within 150 feet of a water well. The existing Ordinance
prohibits sanitary sewer activities within both a fifty foot(50)and one hundred fifty foot(150)
radius on the three well sites. The well referenced in current exhibit`B" of the Ordinance is the
existing water well no. 2. The amendment will reference the proposed location for a new water
well.
The existing water well no. 2, located in Lumberton, Texas, was designed and constructed in
1971. In 2006, the existing water well began pumping sand and a subsequent investigation proved
the gravel pack had failed. The City and Schaumburg&Polk studied the possibility of
rehabilitating the gravel pack, however the cost, reliability, and future rehabilitation requirements
deemed the project not cost efficient. Schaumburg&Polk recommended the City install a new
water well. City Council approved the construction of the new water well on January 8, 2008.
This ordinance amendment would complete the requirements by Texas Commission on
Environmental Quality to begin construction on the proposed water well.
BUDGETARY IMPACT
None.
ORDINANCE NO.
ENTITLEDAN ORDINANCE AMENDING ORDINANCE 99-13,
TO REPLACE THE EXISTING EXHIBIT"B"WITH A REVISED
EXHIBIT"B;"PROVIDING FOR SEVERABILITY;PROVIDING
FOR REPEAL; AND PROVIDING A PENALTY.
BE IT ORDAINED BY THE CITY OF BEAUMONT:
Section 1.
THAT Ordinance 99-13 passed on February 23, 1999, by the City Council of the
City of Beaumont establishing Sanitary Control Easements for City water wells is hereby
amended to replace the existing exhibit"B"with a revised exhibit"B,"attached hereto and
made a part hereof for all purposes.
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.
All ordinances or part 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 the City of
Beaumont, Texas.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 19th day of
February, 2008.
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SITE PLAN FOR
SANITARY CONTROL EASEMENT
CITY OF BEAUMONT EXHIBIT "B"
WELL No. 2
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City Of Beaunwnt
REGULAR MEETING OF THE CITY COUNCIL
COUNCIL CHAMBERS FEBRUARY 19,2008 1:30 P.M.
AGENDA
CALL TO ORDER
* Invocation Pledge Roll Call
* Presentations and Recognition
* Public Comment: Persons may speak on scheduled agenda items 1-3/Consent
Agenda
* Consent Agenda
GENERAL BUSINESS
1. Consider amending the FY 2008 Budget to appropriate fund balance for the 2008
Beaumont Beautification Plan
2. Consider approving the purchase of precast concrete box culverts for the Hayes
Gully Drainage Improvement Project
3. Consider authorizing the City Manager to execute an interlocal agreement with the
Texas Department of Housing& Community Affairs and the Southeast Texas
Regional Planning Commission for the disbursement of Housing Trust Funds
COMMENTS
* Councilmembers/City Manager comment on various matters
* Public Comment (Persons are limited to 3 minutes)
EXECUTIVE SESSION
* Consider matters related to employment, evaluation and duties of a public officer
or employee in accordance with Section 551.074 of the Government Code:
City Magistrates
Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or
services are requested to contact Lenny Caballero at 880-3716 three days prior to the meeting.
1
February 19, 2008
Consider amending the FY 2008 Budget to appropriate fund balance for the 2008 Beaumont
Beautification Plan
City Council Agenda Item
I K
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Laura Clark, Chief Financial Officer
MEETING DATE: February 19, 2008
REQUESTED ACTION: Council consider amending the FY 2008 Budget to
appropriate fund balance for the 2008 Beaumont
Beautification Plan.
RECOMMENDATION
Administration recommends approval of appropriating$500,000 from the fund balance in the General
Fund to fund the Beautification Plan.
BACKGROUND
Improving the aesthetics of Beaumont is crucial in order to improve the City's image. As such,
the Keep Beaumont Beautiful Commission has endorsed the 2008 Beaumont Beautification Plan.
This Plan calls for plantings at ten(10) locations throughout the city. Also, the rail underpasses at
4'h and 11'' Streets will be cleaned of the dark mildew.
On December 11, 2007, the Council conducted a worksession related to the Beautification Plan,
BUDGETARY IMPACT
By the end of Fiscal Year 2008, fund balance in the General Fund is projected to be approximately
$25 Million due to stronger than anticipated sales tax revenues. The recommended appropriation of
$500,000 will leave a very healthy fund balance providing reserves for future unforeseen items and
occurrences.
Beautification Proiect Phasing
Phase I
• Fannett at Ozen
• Pine Street
• 4th& 11th Street Underpasses
• Delaware Extension
• College& 1 lth
Phase II
• College& I-10
• Fannett& Cardinal
• Dowlen& 69
• Walden& I-10
• 11th& I-10
ORDINANCE NO.
ENTITLED AN ORDINANCE AMENDING ORDINANCE NO.
07-090 ADOPTING THE FISCAL BUDGET OF THE CITY OF
BEAUMONT FOR THE FISCAL YEAR 2008 TO
APPROPRIATE $500,000 FROM THE GENERAL FUND
BALANCE TO THE GENERAL FUND TO FUND THE
BEAUMONT BEAUTIFICATION PLAN FOR FY 2008;
PROVIDING FOR SEVERABILITY; AND PROVIDING FOR
REPEAL.
BE IT ORDAINED BY THE CITY OF BEAUMONT:
Section 1.
THAT Ordinance No. 07-090 adopting the Fiscal Budget of the City of Beaumont for the
period commencing October 1, 2007, through September 30, 2008, be and the same is
hereby amended to appropriate and transfer the sum of$500,000 from the General Fund
balance to the General Fund to fund the Beaumont Beautification Plan for FY 2008.
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.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 19th day of
February, 2008.
- Mayor Becky Ames -
2
February 19, 2008
Consider approving the purchase of precast concrete box culverts for the Hayes Gully Drainage
Improvement Project
C hemCity Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Laura Clark, Chief Financial Officer
MEETING DATE: February 19, 2008
REQUESTED ACTION: Council consider the purchase of precast concrete box
culverts for the Hayes Gully Drainage Improvement Project.
RECOMMENDATION
Administration recommends purchasing 348 feet of precast concrete box culvert from Hanson
Pipe and Precast of Houston, Texas for a total price of$106,533.20.
BACKGROUND
On June 19, 2007, Council approved a contract with Excavators and Constructors, LTD to begin
the Hayes Gully Drainage Improvement Project. The City and the Contractor agreed that a
portion of the work originally included in the contract would be removed from the contract. This
work would be jointly constructed by the City and Jefferson County Drainage District No. 6
(DD#6).
DD#6 has agreed to install box culverts provided by the City at seven(7)road crossings. The
City will backfill and resurface the roadways after the culverts have been installed by DD#6. The
road crossings include Buchanan, Fillmore, Pierce, Lucas, Tyler, Taylor and Wilson Streets.
Bids were solicited from nine(9)vendors for culverts at four(4)road crossings, including Lucas,
Tyler, Taylor and Wilson Streets. The culverts for the remaining road crossings were purchased
in August, 2007. Pricing was requested for precast concrete box culverts in the following lengths
and skews to be delivered to the following job sites:
Purchase of concrete box culverts
February 19, 2008
Page 2
IM
s a 'a ti 1%x" 1 ' 1.in ; �' 'S i
t
Lucas Street: 1- 110', 1101f, TW x 71L 30° $ 234.50/lin. ft. $25,795.00
skew, greater than 2' cover
Tyler Street: 2-90', 180 If, 7'W x 41L no $ 213.39/fin. ft. $38,410.20
skew, less than 2' cover
Taylor Street: 2-98', 1961f, 5'W x 41-L 55° $ 143.00/lin. ft. $28,028.00
skew, less than 2' cover
Wilson Street: 2-50', 100 If, 5'W x 4'H, no $ 143.00/lin. ft. $14,300.00
skew, less than 2' cover
TOTAL: $106,533.20
Hanson Pipe and Precast was the only bidder and will deliver the culverts in two to five weeks
after the order is received and the layout drawings are approved.
BUDGETARY IMPACT
Funds are available in the Capital Program.
RESOLUTION NO.
WHEREAS, bids were solicited for the purchase of 348 feet of precast concrete box
culverts for the Hayes Gully Drainage Improvement Project; and,
WHEREAS, Hanson Pipe and Precast of Houston,Texas, submitted a bid for a total
price of $106,533.20 in the unit amounts shown below:
DESCRIPTION UNIT PRICE PRICE
Lucas Street: 1- 110', 110 If, 7'W x 7'H, 30° $ 234.50/lin. ft. $25,795.00
skew, greater than 2' cover
Tyler Street: 2-90', 180 If, 7'W x 4'H, no $ 213.39/lin. ft. $38,410.20
skew, less than 2' cover
Taylor Street: 2-98', 196 If, 5'W x 4'H, 55° $ 143.00/lin. ft. $28,028.00
skew, less than 2' cover
Wilson Street: 2-50', 100 If, 5'W x 4'H, no $ 143.00/lin. ft. $14,300.00
skew, less than 2' cover
TOTAL: $106,533.20
and,
WHEREAS, City Council is of the opinion that the bid submitted by Hanson Pipe
and Precast of Houston, Texas, should be accepted;
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the bid submitted by Hanson Pipe and Precast of Houston, Texas, in the amount of
$106,533.20 in the unit amounts shown above be accepted by the City of Beaumont.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 19th day of
February, 2008.
- Mayor Becky Ames -
3
February 19,2008
Consider authorizing the City Manager to execute an interlocal agreement with the Texas
Department of Housing& Community Affairs and the Southeast Texas Regional Planning
Commission for the disbursement of Housing Trust Funds
,••.•• City Council Agenda Item
� .
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Chris Boone, Community Development Director
MEETING DATE: February 19, 2008
REQUESTED ACTION: City Council authorize the City Manager to execute an
interlocal agreement with the Texas Department of Housing
& Community Affairs and the Southeast Texas Regional
Planning commission for the disbursement of Housing
Trust Fun s.
RECOMMENDATION
The Administration recommends City Council authorize the City Manager to execute an
interlocal agreement with the Texas Department of Housing& Community Affairs and the
Southeast Texas Regional Planning Commission for the disbursement of Housing Trust Funds.
BACKGROUND
On October 31, 2006, the Beaumont City Council authorized entering into an agreement with the
Southeast Texas Regional Planning Commission to administer federal Disaster Recovery funds
from the Texas Department of Housing& Community Affairs ("TDHCA"). In order to prevent
duplication of benefits, the program guidelines require applicants to apply any prior assistance
received specifically for repairs toward actual repairs. In many cases, because of other pressing
needs such as medical emergencies or a need for transportation, applicants used this prior
assistance toward those costs, leaving many of them with a gap that prevents them from receiving
assistance through the TDHCA Disaster Recovery Program.
In order to provide assistance to persons with gap issues, TDHCA has set aside Housing Trust
Funds for Community Development Block Grant Disaster Recovery Projects in the amount of
$143,937. Under TDHCA program guidelines, gap financing must be used to assist low income
families and may not exceed $10,000 per unit. Assistance will be provided in the form of a grant
in all instances except when the assistance is greater than $5,000 and the household's Area
Median Family Income (AMFI) exceeds 60%. Assistance to households with incomes exceeding
60%AMFI with a need of greater than$5,000 will be provided in the form of a five-year 0%
interest repayable loan.
BUDGETARYIMPACT
Funding will be provided from TDHCA Housing Trust Funds for Community Development
Block Grant Disaster Recovery Projects.
RESOLUTION NO.
WHEREAS, on October 31, 2006, City Council approved Resolution No. 06-338,
authorizing the City Manager to execute a contract with the Southeast Texas Regional
Planning Commission to provide for the administration of disaster recovery funds by the
Housing & Community Development Department; and,
WHEREAS,Texas Department of Housing&Community Affairs("TDHCA")has set
aside Housing Trust Funds for Community Development Block Grant Disaster Recovery
Projects in the amount of$143,937 to assist with financial gap issues; and,
WHEREAS, City Council wishes to disburse these funds to those individuals in
need of gap assistance:
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the City Manager is authorized to execute an interlocal agreement with the Texas
Department of Housing &Community Affairs and the Southeast Texas Regional Planning
Commission for the disbursement of Housing Trust Funds for Community Development
Block Grant Disaster Recovery Projects in the amount of$143,937 for gap assistance.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 19th day of
February, 2008.
- Mayor Becky Ames -
G:%CGXAGENDAIPENDINGV02-19.08.wpd