HomeMy WebLinkAboutPACKET JUL 29 2008 RICH WITH OPPORTUNITY
BEA,UMON*
T - E - R • A • S
REGULAR MEETING OF THE CITY COUNCIL
COUNCIL CHAMBERS JULY 29,2008 1:30 P.M.
CONSENT AGENDA
* Approval of minutes
* Confirmation of committee appointments
Barry Miller would be reappointed to the Convention and Tourism Advisory Board. The current
term would expire June 17, 2010. (Mayor Becky Ames)
Mary Jowers would be reappointed to the Board of Adjustment (Zoning) Committee. The
. current term would expire July 22, 2010. (Mayor Becky Ames)
Bob Harris would be reappointed to the Board of Adjustment(Zoning)Committee. The current
term would expire July 22, 2010. (Mayor Becky Ames)
Kelli Maness would be reappointed to the Board of Adjustment (Zoning) Committee. The
current term would expire June 21, 2010. (Mayor Becky Ames)
Kip Lamb would be reappointed to the Animal Health Advisory Committee. The current term
would expire June 12, 2010. (Mayor Becky Ames)
Pauline Mouton would be reappointed to the Martin Luther King, Jr. Parkway Commission. The
current term would expire February 2, 2010. (Mayor Becky Ames)
Bill Yoes would be reappointed as Chairman of the Historic Landmark Commission. The current
term would expire July 23, 2009. (Mayor Becky Ames)
A) Authorize the purchase of an expanded radio communications system from Motorola
through the Houston-Galveston Area Council (HGAC)
B) Authorize the acceptance of a sanitary sewer easement on property located at 7310 State
Highway 105
•
C) Authorize the acquisition of property in the Van Wormer Addition for the Downtown
Event Center and Lake Park
D) Approve a resolution accepting maintenance of the street, storm sewer, water and sanitary
sewer improvements in the Windemere Business Park
E) Authorize eminent domain proceedings to acquire property for public use
F) Authorize the settlement of the lawsuit of Scott Lisenby, et al v. The City of Beaumont,
et al
G) Authorize the settlement of the claim of Geraldine Tevis
•
•
A
RICH WITH OPPORTUNITY
[I 11CM A,[I 1�1 U1 11 (
T • E • X • A • S
City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Bart Bartkowiak, Chief Technology Officer
MEETING DATE: July 29, 2008
REQUESTED ACTION: Council consider a resolution authorizing the purchase of a
Microwave Network from Motorola through the Houston-
Galveston Area Council (HGAC) in the amount of
$214,882.27.
• RECOMMENDATION
Administration recommends purchasing the Microwave Network from Motorola through HGAC.
BACKGROUND
The City of Beaumont in conjunction with the Jefferson County Sheriffs Office operates and
maintains a four tower site 800 MHz radio system with several dispatch centers. This system
provides essential radio communications to our public safety agencies.
AT&T data circuits (T1 circuits) connect the tower sites and dispatch centers to the master tower
site so that communications can simultaneously broadcast from the tower sites. The Microwave
Network will give the City of Beaumont a completely automatic protection against T1 circuit
failures. Devices will constantly monitor the quality of the T1 circuits and if they degrade below
a certain threshold the device will automatically switch traffic to the Microwave Network.
This network will protect the 800 MHz radio system from intermittant problems with T1 circuits
as well as provide communications long-term in the event of a large scale outage due to an event
such as a hurricane.
The annual maintenance contract with Motorola will not increase as a result of this purchase.
Communications personnel will be responsible for any maintenance or repair required for this
iequipment.
Grant funds from the Department of Homeland Security 2007 Port Security Grant Program will be
used to purchase the Microwave Network. Council Resolution No. 01-087 passed on March 20,
2007 authorized the City Manager to apply for and receive funding from this grant program.
BUDGETARY IMPACT
The Department of Homeland Security 2007 Port Security Grant Program requires a twenty-five
percent (25%) match in the amount of$53,720.57. Funds for the match are available in the FY08
Capital Reserve.
•
•
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City of Beaumont
Microwave Backup
�
CrrY OF BEAumoNr
MICROWAVE PROJECT
City of Beaumont Microwave and Automatic TI Protection System
Issue Description:
The City of Beaumont in conjunction with the Jefferson County Sheriff's Office
operates and maintains a four site Motorola Smartzone System with several dispatch
centers. This is system is critical to the communication of all public safety agencies in
the Golden Triangle area. In order to provide a redundant path for the T 1 used to connect
the system Motorola and CWS are pleased to provide Motorola's PTP600 series
microwave radios.
The City of Beaumont currently has four different remote sites that need T 1 circuit
protection, Consolidated Dispatch, Crown(HWY90), Port Neches(Radio Tower), and
HWY 73 Tower, that all have T1 lines running to it from the main communication
building on Marina Dr. The issue facing the City of Beaumont is redundancy for these
T 1 connections should the T 1 fail for any reason.
Solution Description:
• Motorola and Commercial Wireless Solutions(CWS) have teamed up to design a
solution for the City of Beaumont. The solution is designed to implement a Motorola
Point-to-Point wireless Ethernet bridge from each remote site to the main site. The
wireless Ethernet Bridge will be the Motorola 5.8GHz PTP600 LITE radios. This
product is invisible to your network from an IT prospective and provides you with a large
data pipeline(up to 150MB on the LITE version) and up to 2-T1 inputs directly into the
radio. Although the Ethernet bridge is invisible to your network it can be set up with the
IP scheme of your network so that it can be managed from anywhere on your network.
The solution proposed would place a wireless Ethernet bridge from the main
communications location to each remote site using 2 different versions of the PTP600
LITE radio. The closer site(Consolidated Dispatch)will be utilizing the integrated
PTP600 Lite radio. The integrated radio has a built in panel antenna and does not require
any external antenna. Given this remote site's close proximity to the main site and the
roof top locations for mounting,the integrated units are a perfect match. The remaining 3
sites(all tower sites)will be utilizing the connectorized PTP600 LITE radio. Since these
remote sites are upwards of 8 miles from the main site and are located on towers the
connectorized versions of these radios were a perfect fit as well. By going with the
connectorized version of the PTP600 LITE we can maximize the throughput and
reliability as well as make maintenance a little easier by using these units. The
connectorized units do require an external antenna and the antenna chosen is a 2ft dual
polarized parabolic dish for Port Neches and Hwy 90 and a 3ft parabolic dish for the Hwy
73 site.
• use or disclosure of this proposal is subject to the restrictions on the tide page.
Motorola Confidential Proprietary ® MOTOROLA
OTOROLA
2
CITY OF BEAUMONT
MICROWAVE PROJECT
The 2°d and most critical portion of this solution is the Larus APS (automatic protection
switch)for the T1's. Each end of the T1's will be connected into a Larus APS which will
determine if the original T1 connection has been degraded below a certain threshold. At
this point the Larus APS will automatically switch traffic to the protection T1 connected
to the Motorola PTP600 Ethernet Bridge. This will give the City of Beaumont a
completely automatic protection against T 1 failures. As soon as the T 1 (hardwire) is
back to a usable signal the Larus APS will switch traffic back to the original
T1.
•
• Use or disclosure of this proposal is subject to the restrictions on the tide page.
Motorola Confidential Proprietary ® MOTOROLA
7/1!2008
3
CITY OF BEAUMONT
MICROWAVE PROJECT
Statement of Work
Commercial Wireless Solutions' methodology for implementing Motorola's
Point-to-Point Wireless Ethernet Bridge System for the City of Beaumont is a complete
turnkey offering including design, procurement and installation of all equipment. Our
system implementation will consist of the following:
Motorola Responsibilities:
Main Location:
o Install and configure 5-Motorola 5.8GHz PTP600 LITE radios for T1 backup.
0 2- Integrated units(Jefferson and Consolidated)
0 3- Connectorized units(Crown Tower,Port Neches, and HWY73)
0 2-2ft dual polarized parabolic dishes
0 1-3ft dual polarized parabolic dish
o Run all coax and CAT 5 to its termination point inside the
• communications buildings radio room.
o Ground all equipment inside and outside to Motorola standards.
o Install and configure Larus APS for T fail over.
o Tower analysis- CWS will perform a visual inspection of steel structure,
guyed cables, and grounding. We will also sweep existing and newly
installed coax for any issues. Photos will be provided for analysis.
Consolidated Dispatch:
o Install and Configure 1-Motorola 5.8GHz PTP600 LITE radio for T1 backup.
• 1-Integrated unit, mounted on a stand off attached to the existing railings.
• Run the CATS to its termination point inside the radio room.
• Install small cable tray between existing platform and existing cable tray
to protect CATS .
• Ground all equipment inside and outside to Motorola standards.
• Install and configure Larus APS for T1 fail over.
• Use or disclosure of this proposal is subject to the restrictions on the We page.
Motorola Confidential Proprietary ® MOTOROLA
7//2008
4
• CrrY OF BEAumoNT
MICROWAVE PROJECT
Crown Tower:
o Install and Configure 1-Motorola 5.8GHz PTP600 LITE radio for T1 backup.
o 1-Connectorized radio unit mounted on bottom section of the tower.
• 1-2ft dual polarized dish, mounted on an 18inch standoff at a height of
approximately 11Oft.
• Run coax from dish to Motorola radio, then run the CAT5 from radio to
its termination point inside the radio room located at the base of the
tower.
• Ground all equipment inside and outside to Motorola standards.
• Install and configure Larus AP for T1 fail over.
• Tower analysis- CWS will perform a visual inspection of steel structure,
guyed cables, and grounding. We will also sweep existing and newly
installed coax for any issues. Photos will be provided for analysis.
Port Neches Tower:
• o Install and Configure 1-Motorola 5.8GHz PTP600 LITE radio for T1 backup.
o 1-Connectorized radio unit mounted on bottom section of the tower.
• 1-2ft dual polarized dish, mounted on an 18inch standoff at a height of
approximately 120ft.
• Run coax from dish to Motorola radio, and then run CAT5 from radio to
its termination point inside the radio room located at the base of the
tower.
• Ground all equipment inside and outside to Motorola standards.
• Install and configure Larus APS for T1 fail over.
• Tower analysis- CWS will perform a visual inspection of steel structure,
guyed cables, and grounding. We will also sweep existing and newly
installed coax for any issues. Photos will be provided for analysis.
HWY 73 Tower:
o Install and Configure 1-Motorola 5.8GHz PTP600 LITE radio for T1 backup.
• 1-Connectorized radio unit mounted on bottom section of the tower.
• 1-3ft dual polarized dish, mounted on an 18inch standoff at a height of
approximately 150ft.
• Use or disclosure of this proposal is subject to the restrictions on the title page.
Motorola Confidential Proprietary ® MOTOROLA
7/12008
5
CrrY OF BEAumoNT
MICROWAVE PROJECT
i
o Run coax from dish to Motorola radio, and then run the CAT5 from radio
to its termination point inside the radio room located at the base of the
tower.
• Ground all equipment inside and outside to Motorola standards.
• Install and configure Larus APS for T fail over.
• Tower analysis- CWS will perform a visual inspection of steel structure,
guyed cables, and grounding. We will also sweep existing and newly
installed coax for any issues. Photos will be provided for analysis.
City of Beaumont Responsibilities
• Assign Project Manager that will serve as primary point of contact and
have signature authorization for acceptance of Microwave System
• Provide Structural Tower Analysis for existing towers
• Provide Electricity to within 4ft. of the indoor unit(IDU)
• Provide Rack space for IDU and Larus Switches.
• Assumptions/Comments
• This project will be considered complete upon installation, programming,
optimization and delivery of a fully operational system to the customer
location.
• All installation efforts will be done in accordance with Motorola's R56
Quality Standards, with consideration given to existing conditions.
This list is not meant to be all-inclusive or limiting in the scope of work to be performed,
it is provided to identify the major activities that are to be performed for the network
system implementation.
Motorola and Commercial Wireless Solutions experience in deploying large and complex
communication and software systems will provide a smooth system implementation of
the new communications system.
• Use or disclosure of this proposal is subject to the restrictions on the title page.
Motorola Confidential Proprietary ® MOTOROLA
OTOROLA
6
City of Beaumont
M4070#70LA Tommy aridge
620 Manna a Dr
Beaumont,TX 77003
7/16/2008
Beaumont Microwave Pricing Summary
QtC Model# Description Unit Price Extended Price
1 PTP600EITE Beaumont To Consolidated 5.8GHZ Integrated PTP600 LITE $ 36,360.37 $ 36,360.37
Incudes Installation,Optimization,Cables,Grounding and Larus T1 Switching
Equipment
1 PTP60OLITE Beaumont To Port Neches 5.8GHZ Connectorized PTP600 LITE $ 58,794.72 $ 58,794.72
Incudes Installation,Optimization,Cables,Grounding, Larus T1 Switching
Equipment,and 2ft External Parabolic Dishes
1 PTP60OLITE Beaumont To Crown(HWY 90) 5.8GHZ Connectorized PTP600 LITE $ 57,794.72 $ 57,794.72
Incudes Installation,Optimization,Cables,Grounding, Larus T1 Switching
Equipment,and 2ft External Parabolic Dishes
1 PTP60OLITE Beaumont To HWY 73 5.8GHZ Connectorized PTP600 LITE $ 61,932.46 $ 61,932.46
Incudes Installation,Optimization, Cables,Grounding, Larus T1 Switching
Equipment,and 3ft External Parabolic Dishes
HGAC Fee Included
TOTAL $ 214,882.27
. RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF BEAUMONT:
THAT the City Council hereby approves the purchase of a Microwave Network from
Motorola in the amount of $214,882.27 through the Houston-Galveston Area Council
(HGAC).
PASSED BY THE CITY COUNCIL of the City of Beaumont on this the 29th day of
July, 2008.
Mayor Becky Ames —
B
RICH WITH OPPORTUNITY
BE AUMON*
T r `. $ . A . s City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Tom Warner, Director of Public Works
MEETING DATE: July 29, 2008
REQUESTED ACTION: Council consider authorizing the acceptance of a sanitary
sewer easement.
RECOMMENDATION
The Administration recommends acceptance of a sanitary sewer easement to provide access for
sanitary sewer services to property located at 7310 State Highway 105.
BACKGROUND
C. Michael Berryhill and Linh T. Berryhill, owners of the Texas Karate Academy, have agreed to
convey a ten foot(10')wide Sanitary Sewer Easement to the City of Beaumont. The easement
[out of the W. B. Dyches Survey, Abstract 17] will provide sewer services to the new Texas
Karate Academy and would also allow for the construction, alteration, operation and maintenance
of the said sanitary sewer line and appurtenances.
BUDGETARY IMPACT
None.
ib
16 July 2008
•
• EXHIBIT A, PAGE 1 OF 2
CENTERLINE DESCRIPTION
FOR A
10' WIDE EXCLUSIVE SANITARY SEWER EASEMENT
OUT OF THE
W. B. DYCHES SURVEY, ABSTRACT 17
JEFFERSON COUNTY, TEXAS
JULY 2, 2008
That certain centerline description for a 10' wide exclusive sanitary sewer easement out of the
W. B. Dyches Survey, Abstract 17, Jefferson County, Texas, being out of a called 1.004 acre
tract conveyed to Michael C. Berryhill and Linh T. Berryhill as recorded in Clerks File No.
2004011490 of the Official Public Records of Jefferson County, Texas, said centerline
description being more particularly described as follows:
Note: The Basis of Bearing is the west line of the said 1.004 acre tract having been called
North 435.68 feet.
COMMENCING at a 5/8" iron rod found in the north right-of-way line of Texas State Highway
105 for the southeast comer of a 40' x 40' Southwestem Bell Telephone easement and the
southwest corner of the said 1.004 acre tract;
THENCE North along the east line of the said SWBT easement and the west line of the said
1.004 acre tract a distance of 5.00 feet (called North) to a point for the POINT OF BEGINNING
of the said centerline from which a %2" iron rod found for the northwest comer of the said 1.004
• acre tract bears North 430.70 feet (called North);
THENCE North 89°11'42" East a distance of 100.11 feet to a point in the west line of a called
13.984 acre tract conveyed to Billy B. Ballard and Diane Ballard as recorded in Clerks File No.
9825812 of the Official Public Records of Jefferson County, Texas and the east line of the said
1.004 acre tract for the POINT OF TERMINATION of the said centerline from which a %2' iron
rod found in the said north right-of-way line of Texas State Highway 105 for the southwest
corner of the said 13.984 and the southeast comer of the said 1.004 acre tract bears South
00°01'28" East 5.00 feet (called South 00 001'51" East).
This Centerline Description is based on a survey performed by Fittz&Shipman, Inc. during April
2008.
Walter J. Ksia e - d`
Registered Professional Land Surveyor o. 5321
4�
s f'
Fittzz&Shipman,Inc
Page 1 of 1
Project No. 07163ss
Plat&Description
I
CLIENT: MICHAEL C. BERRYHILL AND LINH T. BERRYHILL G.F. NO. -
EXHIBIT A. PAGE 2 OF 2
(CALLED N 89'16'46" E 99.92)
N 89'17'51' E 99.92
FOUND 1/ "
IRON ROD
FOUND 1/2"
IRON ROD
Rol
0 —�0 MICHAEL C. BERRYHILL
15 r_7 17� AND
S C A L E LINH T. BERRYHILL
CLERKS FILE NO. 2004011490, O.P.R.J.C.
(CALLED 1.004 ACRES)
7, N
N
00� vn
LOT 2 ��it w v N
RAND ADDITION ` N '� NOW OR FORMERLY
VOL. 15, PG. 39, M.R.J.C. O O� o o M BILLY B. BALLARD
(CALLED 10.773 ACRES) F Z O N
° 'H AND
N
O < o o DIANE BALLARD
Z U m J p CLERKS FILE NO. 9825812, O.P.R.J.C.
�- N (CALLED 13.984 ACRES)
ao' x 40' POINT OF
EASEMENT TERMINATION
20' UTILITY EASEMENT CENTERLINE
VOL. 2129, PG. 111, D.R.J.C.
I POINT OF
BEGINNING 7' GSU TREE TRIMMING
CENTERLINE ---------------- OVERHEAD EASEMEND.R.J.C._
----------------- _
5.D0 N 89.11 42 100.11 5.00
COMMENCING N 89'11'42" E 100.11 FOUND 1/2"
POINT (CALLED N 89'14'46" E 100.15) IRON ROD
FOUND 5/ T
IRON ROD D TEXAS J STATE
HIGHWAY 105 CENTERLINE
10' WIDE EXCLUSIVE
SANITARY SEWER EASEMENT
NOTE: THIS SURVEY WAS COMPLETED WITHOUT
THE BENEFIT OF A TITLE COMMITMENT.
NOT ALL EASEMENTS, WHETHER OF
RECORD OR NOT, WERE RESEARCHED AT
THE TIME OF THIS SURVEY.
DESCRIPTION OF SERVICES REQUESTED: 10' WIDE EXCLUSIVE SANITARY SEWER AS MENT
SURVEYOR'S CERTIFICATION:
I DO HEREBY CERTIFY, TO THE BEST OF MY KNOWLEDGE AND BELIEF, THAT THIS IS AN ACCURATE PLAT OF A SURVEY dt DESCRIPTION MADE ON
THE GROUND UNDER MY SUPERVISION, DURING APRIL 008
THE ABOVE TRACT BEING LOCATED AT TEXAS STATE HIGHWAY 105 BEAUMONT TEXAS
AND BEING DESCRIBED AS A 10' WIDE EXCLUSIVE SANITARY SEWER EASEMENT OUT OF THE W. B. DYCHES SURVEY A-17
AS RECORDED IN VOLUME - PAGE - OF THE DEED RECORDS OF JEFFERSON COUNTY, TEXAS.
REVISION DATE
WALTER J. KSIA E
REGISTERED PROFESSIONA AND SURVEY 10. 5321
DATE: 7-2-08 Fittz&Shipman
FI ELD
BOOK NO.: 08-03 INC.
163SSESMT �$F..'7�f7fCCISQRdI.071dSrav1-
JOB NO.: 07163.0000 1405 CORNERSTONE COURT BEAUMONT, TEXAS
(409)832-7238 FAX (409)832-7303 JMw
RESOLUTION NO.
WHEREAS, C. Michael Berryhill and Linh T. Berryhill, owners of the Texas Karate
Academy, have offered to convey a ten foot (10') wide Sanitary Sewer Easement for
property located at 7310 State Highway 105, being out of the W. B. Dyches Survey,
Abstract 17, as described in Exhibit "A," Page 1 and shown on Exhibit "A," Page 2,
attached hereto, to the City of Beaumont to provide sewer services to the new Texas
Karate Academy and allow for the construction, alteration, operation and maintenance of
the said sanitary sewer line and 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 C. Michael Berryhill and Linh T. Berryhill, owners of the
Texas Karate Academy, as described in Exhibit "A," Page 1 and shown on Exhibit "A,"
Page 2, be and the same is hereby, in all things, accepted.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 29th day of July,
2008.
- Mayor Becky Ames -
c
RICH WITH OPPORTUNITY
BEA,UMON*
T • E , x • A • s City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Tom Warner, Director of Public Works
MEETING DATE: July 29, 2008
REQUESTED ACTION: Council consider a resolution authorizing the acquisition of
property.
RECOMMENDATION
The Administration recommends authorizing City Council approve a resolution for the acquisition
of property in the Van Wormer Addition for the Downtown Event Center and Lake Park.
BACKGROUND
As part of the development of the Downtown Event Center and Lake Park, lots are being
acquired in downtown Beaumont in the area bordered by Martin Luther King Jr. Parkway,
Crockett Street,Neches Street and an abandoned rail line. Jefferson County, owner of the
property listed below, will sell their property to the City for the cost of back taxes plus
administrative and recording fees:
1. Lots 7 -12, Block 31, Van Wormer Addition
(900-78 Bonham Street)
Current Taxes Due: $23,250.70
Administrative/recording fees: 24.00
Total Cost: $23,274.70
BUDGETARY IMPACT
Funds are available in the Capital Program.
-giefe-unty08-ib-w a
11 July 2008
RESOLUTION NO.
WHEREAS,an agreement has been negotiated for the acquisition of land for
the Downtown Event Center and Lake Park;
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the purchase of the following land as shown on Exhibit "A" attached hereto for the
Downtown Event Center and Lake Park, be and the same is hereby, approved:
Lots 7 -12, Block 31, Van Wormer Addition
(900-78 Bonham Street)
Current Taxes Due: $23,250.70
Administrative/recording fees: $ 24.00
Total Cost: $23,274.70
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 29th day of July,
• 2008.
- Mayor Becky Ames -
Jai K
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DELINQUENT TAX STATEMENT SUMMARY
M11tIAM K.JOHNSON,RTA
JEFFERSON COUNTY TAX ASSESSOR-COLLECTOR
1149 PEARL ST
BEAUMONT,TX 77701
Certified Owner: Legal Description:
JEFFERSON COUNTY VAN WORMER L7 TO 12 B 31
1149 PEARL ST 900-78 BONHAM
BEAUMONT,TX 77701-3638 SHERIFFS DEED 01-06-98
ABSTRACT 065900
2007 Value: $16,950 Legal Acres: .9640
Account No: 065900-000/014200-00000 CAD: 065900014200 Parcel Address: 900 BONHAM ST
As of Date: 07/10/2008 1144 E; 35'� Print Date: 07/10/2008 Printed By: KATHYK
IF PAID IN IF PAID IN IF PAID IN
JULY 2008 AUGUST 2008 SEPTEMBER 2008
Remaining Penalty Penalty Penalty
Year Tax Units Levy Interest Total Interest Total Interest Total
1990 4 $453.46 $1,225.70 $1,679.16 $1,230.92 $1,684.38 $1,236.13 $1,689.59
1991 1 4 21 41 49 55 $1,017.24 $2,609.24 $3,626.48 $2,620.92 $3,638.16 $2,632.60 $3,649.84
1992 1 4 71 41 49 55 $1,127.39 $2,736.18 $3,863.57 $2,749.16 $3,876.55 $2,762.10 $3,889.49
1993 1 4 21 41 49 55 $1,026.41 $2,349.46 $3,375.87 $2,361.27 $3,387.68 $2,373.06 $3,399.47
1994 1 4 21 41 49 55 $1,051.90 $2,262.62 $3,314.52 $2,274.75 $3,326.65 $2,286.85 $3,338.75
1995 1 4 21 41 49 55 $1,036.89 $2,087.26 $3,124.15 $2,099.18 $3,136.07 $2,111.10 $3,147.99
1996 1 4 21 41 49 55 $567.35 $1,063.80 $1,631.15 $1,070.29 $1,637.64 $1,076.83 $1,644.18
1997 1 4 21 41 49 55 $469.16 $814.94 $1,284.10 $820.32 $1,289.48 $825.72 $1,294.88
0 98 1 4 21 41 49 55 1474.68 $759.02 $1,233.70 $764.48 $1,239.16 $769.92 $1,244.60
04 9009 9088 $118.00 $0.00 $118.00 $0.00 $118.00 $0.00 $118.001
TOTAL AMOUNT DUE: $7,342.48 $15,908.22 $23,250.70 $15,991.29 $23,333.77 $16,074.31 $23,416.79
Tax Unit Codes:
1 JEFFERSON COUNTY 4 BEAUMONT ISD 21 CITY OF BEAUMONT 41 PORT OF BEAUMONT
49 DRAINAGE DISTRICT#6 55 SABINE-NECHES NAV.DIST. 9009 COURT COSTS 9088 PRIOR YEAR DEC ABSTRACT FEES
4d q4p A -
.................................................................................................................................................................................................
.....................................................................
PLEASE CUT AT THE DOTTED LINE AND RETURN THIS PORTION WITH YOUR PAYMENT. 15.1.137
Print Date: 07/10/2008
PLEASE NOTE YOUR ACCOUNT NUMBER ON YOUR CHECK AND MAKE CHECKS PAYABLE TO:
JOHNSON,RTA
JEFFERSON K. 1 111111 IIIII IIIII IIIII IIII IIIII IIIII IIII II II IIIII IIIII IIIII IIIN IIII IIIII IIIII VIII IIIII 11111111111111 IIII
JEFFERSON COUNTY TAX ASSESSOR-COLLECTOR
P.O.BOX 2112 * 0 6 5 9 0 0 0 0 0 0 1 4 2 0 0 0 0 0 0 0
BEAUMONT,TX 77704-2112
(409)835-8516
If Paid By Amount Due
JUL 2008 $23,250.70
065900-0001014200-00000 AUG 2008 $23,333.77
JEFFERSON COUNTY SEP 2008' $23,416.79
1149 PEARL ST Amount Paid: $ _
BEAUMONT,TX 77701-3638
•
D
RICH WITH OPPORTUNITY City Council Agenda Item
IIEA,11i�1011T
T • E • X • A • S
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Tom Warner, Director of Public Works
MEETING DATE: July 29, 2008
REQUESTED ACTION: Council consider a resolution accepting maintenance of the
street, storm sewer, water and sanitary sewer improvements
in the Windemere Business Park.
RECOMMENDATION
Administration recommends approval of the following:
• Windcastle Drive From existing Major Drive(FM 364)approximately 1,300 feet west to
the 3-OM-4P end of roadway markers.
• Jessica Boulevard From proposed Windcastle Drive approximately 900 feet south to
existing SH 105.
Also,recommended for approval are the water and sanitary sewer improvements for Windcastle Drive and
Jessica Boulevard right-of-way only.
BACKGROUND
The aforementioned improvements in the subdivision passed final inspection from all entities involved on
July 22'2008.
BUDGETARYIMPACT
None.
•
RESOLUTION NO.
WHEREAS, construction of the street, storm sewer, water and sanitary sewer
improvements constructed in the Windemere Business Park have been completed as
follows:
Street, Storm Sewer
• Windcastle Drive from existing Major Drive (FM 364) approximately 1,300 feet
west to the 3-OM-4P end of roadway markers.
• Jessica Boulevard from proposed Windcastle Drive approximately 900 feet
south to existing SH 105.
Water and Sanitary Sewer Improvements
• Windcastle Drive right-of-way only.
• Jessica Boulevard right-of-way only.
WHEREAS, the developers of said streets desire to have these improvements
accepted and maintained by the City; and,
• WHEREAS, the director of the Public Works and Engineering Department have
determined that said improvements meet city standards and qualify for acceptance for
permanent maintenance, and the City Council is of the opinion that said improvements
should be accepted and maintained by the City of Beaumont;
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the above-referenced street, storm sewer, water and sanitary sewer improvements
in the Windemere Business Park, with the exception of streetlights, are hereby accepted
by the City of Beaumont and shall be continuously maintained by the City contingent upon
filing of the final plat, complete with filings of dedication of all rights-of-way and easements
required on the preliminary and final plats and installation of the streetlights.
• filing of the final plat, complete with filings of dedication of all rights-of-way and easements
required on the preliminary and final plats and installation of the streetlights.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 29th day of July,
2008.
- Mayor Becky Ames -
•
•
E
RICHWITH OPPORTUNITY
T • E . X • A • s City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
tv.
PREPARED BY: Tom Warner, Director of Public Works
MEETING DATE: July 29, 2008
REQUESTED ACTION: Council consider a resolution authorizing eminent domain
proceedings to acquire property for public use.
RECOMMENDATION
The administration recommends authorization to acquire properties in downtown Beaumont by
eminent domain.
• BACKGROUND
The property owners listed below have not accepted the appraised value for their properties.
All properties were appraised by Bishop Real Estate Appraisers. Inc.:
1. S 40'x50' Lot 1, Block 23, Van Wormer Addition [314 Holmes Street]
Appraised Value: $3,000
Owner: Elias De La Rosa Estate
2. N 45'x50' Lot 1, Block 23, Van Wormer Addition [302 Holmes Street]
Appraised Value: $3,500
Owner: Easter Anderson, Trustee for the House of Refuge
Faith Christ Holy Santify
3. Lots 3-5 and 7-12, Block 23, Van Wormer Addition [323 ML King Pkwy.]
Appraised Value: $179,000
Owner: Christopher Troung
4. Lot 7, Block 24, Van Wormer Addition [998 Crockett]
Appraised Value: $11,000
Owner: Frank P. Danna Sr. Estate
Acquisition of the above properties are for the purpose of locating, constructing, and
maintaining a Downtown Event Center and Lake Park.
BUDGETARY IMPACT
Funds are available in the Capital Program.
\englkpk2_ed-ib
24 July 2008
RESOLUTION NO.
WHEREAS, the City Council of the City of Beaumont deems it necessary that the
properties described below be acquired for the Downtown Event Center and Lake Park;
and,
WHEREAS, the City Council has found that a public necessity exists requiring the
hereinafter described property:
1. S 40'x50' Lot 1, Block 23, Van Wormer Addition [314 Holmes Street]
Appraised Value: $3,000
Owner: Elias De La Rosa Estate
2. N 45'x50' Lot 1, Block 23, Van Wormer Addition [302 Holmes Street]
Appraised Value: $3,500
Owner: Easter Anderson, Trustee for the House of Refuge
Faith Christ Holy Santify
• 3. Lots 3-5 and 7-12, Block 23, Van Wormer Addition [323 ML King Pkwy.]
Appraised Value: $179,000
Owner: Christopher Troung
4. Lot 7, Block 24, Van Wormer Addition [998 Crockett]
Appraised Value: $11,000
Owner: Frank P. Danna Sr. Estate
and,
WHEREAS, the City Council deems it necessary to acquire the hereinafter
described interests in and to the above described properties for the Downtown Event
Center and Lake Park and has found and determined that said interests in and to the
above described land is suited for such purposes and that it is necessary to acquire same
for said purposes; and,
WHEREAS, the City of Beaumont, through its duly authorized representatives, has
• negotiated in good faith with the owners of the hereinafter above described land and has
been unable to agree with such owners of such property as to the fair market value thereof
and damages, if any, and further negotiations for settlement have become futile and
impossible;
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the City Attorney be and he is hereby authorized and directed to file or cause to be
filed against all owners of the above described parcels of land, and all claimants of any
interest therein, proceedings in Eminent Domain to acquire fee simple title for said
purposes, in and to the said parcel of land shown in Exhibit "A" attached hereto and made
a part hereof, the parcels of land being situated in Beaumont, Jefferson County, Texas.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 29th day of July,
• 2008.
- Mayor Becky Ames -
. -. .� ' �o� •Rp, vp
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DELINQUENT TAX STATEMENT SUMMARY
d
MIRIAM K.JOHNSON,RTA
JEFFERSON COUNTY TAX ASSESSOR-COLLECTOR
1149 PEARL ST
BEAUMONT,TX 77701
Certified Owner: Legal Description:
JEFFERSON COUNTY VAN WORMER L7 TO 12 B 31
1149 PEARL ST 900-78 BONHAM
BEAUMONT,TX 77701-3638 SHERIFFS DEED 01-06-98
ABSTRACT 065900
2007 Value: $16,950 Legal Acres: .9640
Account No: 065900-000/014200-00000 CAD: 065900014200 Parcel Address: 900 BONHAM ST
As of Date: 07/10/2008 �J 5 �' Print Date: 07/10/2008 Printed By: KATHYK
IF PAID IN IF PAID IN IF PAID IN
JULY 2008 AUGUST 2008 SEPTEMBER 2008
Remaining Penalty Penalty Penalty
Year Tax Units Levy Interest Total Interest Total Interest Total
1990 4 1 $453.46 $1,225.70 $1,679.16 $1,230.92! $1,684.38 $1,236.13 $1,689.59
1991 1 4 21 41 49 55 $1,017.24 $2,609.24 $3,626.481 $2,620.921 $3,638.16 $2,632.60 $3,649.84
11992 1 1 4 21 41 49 55 $1,127.39 $2,736.18 $3,863.571 $2,749.161, $3,876.55 $2,762.10 $3,889.491
11993 1 1 4 21 41 49 55 $1,026.41 $2,349.46 $3,375.871 $2,361.27 $3,387.68 $2,373.06 $3,399.471
1994 1 4 21 41 49 55 $1,051.90 $2,262.62 $3,314.521 $2,274.751 $3,326.65 $2,286.85 $3,338.751
1995 I 1 4 21 41 49 55 $1,036.89 $2,087.261 $3,124.151 $2,099.18'1 $3,136.07 $2,111.10 $3,147.991
1996 1 4 21 41 49 55 1567.35 $1,063.801 $1,631.151 $1,070.29 $1,637.641 $1,076.83 $1,644.181
11997 1 4 21 41 49 55 $469.16 $814.94 $1,284.101 $820.321, $1,289.48 $825.721 $1,294.881
1998 14 21 41 49 55 $474.68 $759.021 $1,233.70 $764.48' $1,239.16 $769.92 $1,244.601
2004 9009 9088 $118.00 $0.001 $118.00 $0.00 $118.00 $0.00 $118.001
TOTAL AMOUNT DUE: $7,342.48 $15,908.22 r $23,250.70 $15,991.29 $23,333.77 $16,074.31 $23,416.79
Tax Unit Codes:
1 JEFFERSON COUNTY 4 BEAUMONT ISD 21 CITY OF BEAUMONT 41 PORT OF BEAUMONT
49 DRAINAGE DISTRICT#6 55 SABINE-NECHES NAV.DIST. 9009 COURT COSTS 9088 PRIOR YEAR DEC ABSTRACT FEES
4 ctU
P-Q-
......................................................................................................................................................................................................
.................................................................
PLEASE CUT AT THE DOTTED LINE AND RETURN THIS PORTION WITH YOUR PAYMENT.
Print Date: 07/10/2008 5.1.137
PLEASE NOTE YOUR ACCOUNT NUMBER ON YOUR CHECK AND MAKE CHECKS PAYABLE TO:
JOHNSON,RTA TAX ASSESSOR-COLLECTOR III II VIII VIII III I I II IIII II II IIII II I VIII II II(III VIII I II IIII)IIII III I II II II II VIII III IIII
P.O.BOX 2112 * 0 6 5 9 0 0 0 0 0 0 1 4 2 0 0 0 0 0 0 0
BEAUMONT,TX 77704-2112
(409)835-8516
If Paid By Amount Due
JUL 2008 $23,250.70
065900-000/014200-00000 AUG 2008 $23,333.77
JEFFERSON COUNTY SEP 2008 $23,416.79
1149 PEARL ST Amount Paid: $ _
BEAUMONT,TX 77701-3638
•
RICH WITH OPPORTUNITY
I'Lm , �
T • E • X • A • S City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Tyrone E. Cooper, City Attorne�
MEETING DATE: July 29, 2008
AGENDA MEMO DATE: July 25, 2008
REQUESTED ACTION: Consider a resolution authorizing the settlement of the
lawsuit of Scott Lisenby, et al v. The City of Beaumont, et
al
. RECOMMENDATION
Council approval of a resolution authorizing the settlement of the lawsuit of Scott Lisenb,,
v. The City of Beaumont, et al to resolve the legal issues arising out of the April 24, 2008, Grade
II promotional examination.
BACKGROUND
Council discussed this lawsuit in an Executive Session held on July 15, 2008.
BUDGETARY IMPACT
None.
•
• RESOLUTION NO.
WHEREAS, the lawsuit of Scott Lisenby, et al v. The City of Beaumont, et al was
discussed in an executive session properly called and held Tuesday, July 15, 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 above-referenced
lawsuit to resolve the legal issues arising out of the April 24, 2008, Grade II promotional
examination.
BE IT FURTHER RESOLVED that the City Manager be and he is hereby authorized
to execute the necessary agreements in settlement of said lawsuit.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 29th day of July,
2008.
- Mayor Becky Ames -
•
G
RICH WITH OPPORTUNITY
r
C ► �
T • E • x • A • S City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Tyrone E. Cooper, City Attorn
MEETING DATE: July 29,2008
REQUESTED ACTION: Council consider a resolution authorizing the settlement of
the claim of Geraldine Tevis.
RECOMMENDATION
Council approval of a resolution authorizing the settlement of the claim of Geraldine Tevis.
• BACKGROUND
Council discussed the settlement of this claim in Executive Session on July 1, 2008.
BUDGETARYIMPACT
There are sufficient funds in the Liability Trust Fund to pay the amount as shown:
Geraldine Tevis $5,200
RESOLUTION NO.
WHEREAS, the claim of Geraldine Tevis has been discussed in an Executive
Session properly called and held Tuesday, July 1, 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 Geraldine
Tevis in the amount of Five-Thousand, Two-hundred Dollars.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 29th day of July,
2008.
•
- Mayor Becky Ames -
RICH WITH OPPORTUNITY
BEAUMON*
T • E • X • A • S
REGULAR MEETING OF THE CITY COUNCIL
COUNCIL CHAMBERS JULY 29, 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 7-17/Consent
Agenda
* Consent Agenda
GENERAL BUSINESS
. 1. Consider a request for a general land use plan in a PUD (Planned Unit
Development)District and a specific use permit to allow multi-family residential
and general retail and professional office uses on property located on the south
side of Fannett at Stivers
2. Consider a request for a specific use permit to allow an eating place and general
office use in an RCR(Residential Conservation and Revitalization)District at 2306
Hazel
3. Consider a request for a specific use permit to allow a warehouse in a GC-MD
(General Commercial-Multiple Family Dwelling)District at 2990 Laurel
4. Consider a request for a specific use permit to allow a boarding house in a GC-MD
(General Commercial-Multiple Family Dwelling)District at 10295 Eastex Freeway
5. Consider a request for a specific use permit to allow a drinking place in the CBD
(Central Business District) at 268 Pearl Street
6. Consider a request for an amended specific use permit to allow a drinking place in
a GC-MD(General Commercial-Multiple Family Dwelling)District at 4345 Eastex
Freeway
7. Consider a request to abandon a portion of Stone Oak Drive
8. Consider a request by ExxonMobil for the disannexation of approximately seven
acres of property
• 9. Consider a request to abandon portions of Fulton Avenue, Burt Street, Tagore
Street, Grove Street, Grant Street, Buford Street, Jamison Street and the alley in
Block 4, Oakwood Subdivision
10. Consider amending the boundaries of Neighborhood Empowerment Zone Number
Two
11. Consider approving a contract for improvements to Alice Keith Park
12. Consider approving a contract for sidewalk and lighting improvements in the
downtown block bounded by Park, Fannin, Neches and Bowie Streets
13. Consider approving Change Order No. 1 for the Rolfe Christopher Pavement
Improvement Project
14. Consider approving the purchase of a pavilion for use at the C.A. "Pete" Shelton
Memorial Plaza
15. Consider approving a new solid waste collection and transportation service
franchise
• 16. Consider authorizing the City Manager to execute an Industrial District Contract
with ExxonMobil Oil Corporation
WORKSESSION
* Review and discuss issues related to Industrialized(Modular)Housing within the
city limits of Beaumont
17. Consider approving a moratorium on the issuance of permits for the construction
of any industrialized(modular) homes within the city limits of Beaumont for a
period of sixty(60) days
COMMENTS
* Councilmembers/City Manager comment on various matters
* Public Comment (Persons are limited to 3 minutes)
•
EXECUTIVE SESSION
• * Consider matters related to contemplated or pending litigation in accordance with
Section 551.071 of the Government Code:
Scott Lizenby, et al v. City of Beaumont, et al
Keith Breiner vs. the City of Beaumont
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
July 29, 2008
Consider a request for a general land use plan in a PUD (Planned Unit Development)District and
a specific use permit to allow multi-family residential and general retail and professional office
uses on property located on the south side of Fannett at Stivers
• RICH WITH OPPORTUNITY
BEAiU11011*
T • E • X • A • S City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
CO .
PREPARED BY: - :Chris Boone,Community Development Director
MEETING DATE: July 29,2008
REQUESTED ACTION: Council consider a request for a general land use plan in a
PUD(Planned Unit Development)District and a specific
use permit to allow multi-family residential and general
retail and professional office uses on property located on
the south side of Fannett at Stivers.
• RECOMMENDATION
The Administration recommends approval of the request.
BACKGROUND
Leonard Kirtman of Global Ventures,Inc.has applied for the general land use plan and specific
use permit.
Mr.Kirtman states that the 264 acre tract will be developed with single family residential,a
senior community,apartments,retail and office uses. The single family portion of the
development is permitted by right. The single family residences will include 58 lots that are 75'
x 150'and 154 lots that are 80'x 100'. The senior community will occupy 30 acres and consist of
single story apartments,three to each 3,750 sq.ft. building. The apartments catering to the
general public will occupy approximately 71 acres and consist of 1,200 apartment units built at
17 units per acre. Each two story, 25,000 sq. ft. building will contain 24 apartment units from
800-1,200 sq. ft. in size. Approximately 24 acres are designated for commercial uses. This
property fronts Fannett Road for a distance of 1,100 feet. Retail,office:and a possible
supermarket are planned for this area. In addition,20-30 acres of open space will be provided.
Access to the property will be provided by two streets that connect with Fannett. Each of these
streets will have 65'right-of-way widths.
• As projected,the initial phase will consist of the construction of 300 apartment units over a two
year time period. Upon completion of the first year of construction,Mr. Kirtnim will begin the
construction of ten single family homes along Hillebrandt Bayou. Upon completion of the first
300 apartment units, the remaining 900 apartment units will be constructed over the following
two year time period. The commercial portion will commence construction after the first year of
development. After the fourth year of construction, Mr. Kirtman states that he will focus on
completing the building of the single family homes and the building of the Senior housing.
At a Joint Public Hearing held July 21, 2008, the Planning Commission recommended approval
6:0 of a request for a general land use plan in a PUD (Planned Unit Development) District and a
specific use permit to allow multi-family residential and general retail and professional office
uses on property located on the south side of Fannett at Stivers.
BUDGETARY IMPACT
None.
•
ORDINANCE NO.
ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT
TO ALLOW MULTI-FAMILY RESIDENTIAL AND GENERAL RETAIL
AND PROFESSIONAL OFFICE USES IN A PUD (PLANNED UNIT
DEVELOPMENT) DISTRICT LOCATED ON THE SOUTH SIDE OF
FANNETT ROAD AT STIVERS IN THE CITY OF BEAUMONT,
JEFFERSON COUNTY, TEXAS.
WHEREAS, the City Council for the City of Beaumont desires to approve a general
land use plan and issue a specific use permit to Global Ventures, Inc., to allow multi-family
residential and general retail and professional office uses in a PUD (Planned Unit
Development) District located on the south side of Fannett Road at Stivers, as described
in Exhibit "A" and shown on Exhibit "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:
NOW, THEREFORE, BE IT ORDAINED BY THE
CITY OF BEAUMONT:
Section 1.
That a general land use plan and a specific use permit to allow multi-family
residential and general retail and professional office uses in a PUD (Planned Unit
Development) District located on the south side of Fannett Road at Stivers, as described
in Exhibit "A" and shown on Exhibit "B" attached hereto and made a part hereof for all
purposes, is hereby granted to Global Ventures, Inc., its legal representatives, successors
and assigns.
Section 2.
That the land use plan and specific use permit herein granted are 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, as well as
comply with any and all federal, state and local statutes, regulations or ordinances which
may apply.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 29th day of July,
• 2008.
- Mayor Becky Ames -
LEGAL DESCRIPTION FOR ORDINANCE PURPOSES
BEING a 264.477 acre tract of land consisting of that certain Elray Family.Limited Partnership
called 254.613 acre tract of land per deed and called 263.613 acre tract of land per plat, more
fully described'and recorded in Clerk File No. 9520752 of the Official Public Records of
Jefferson County, Texas. Said 264.477 acre tract: being situated in the Samuel Stivers Survey,
Abstract No. 51 and the James Rowe Survey, Abstract No. 45 of Jefferson County, Texas and is
more particularly described as follows:
BEGINNING at a 1/2-inch iron rod found for a Northerly Comer of said Elray Family Limited
Partnership.called 254.613 acre tract of land per deed and called 263:613 acre tract of land per
plat, same being the Northeasterly Corner of that certain Catholic Diocese of Beaumont called
1.470 acre tract of land, more fully described in Volume 59, Page 162, of the Deed Records of
Jefferson County, Texas, same being in the Southerly right of way line of Highway No.:124 a
dedicated public'right of way;
THENCE North 70 -deg. 26 min. .10 sec. East along and with.a Northerly line,of said Elray
Family Limited Partnership called 254.613 acre tract of land per.deed and called 263.613 acre
tract of land per plat, same being the Southerly right of way line of said Highway No. 124, a
distance of 1034:98 feet to a 1-1/2-inch iron pipe found for the most Northerly corner.of said
Elray Family Limited Partnership called 254.613 acre tract of land per deed and called 263.613
acre tract of land per plat, same being the Northwesterly Corner of that certain Elray Family
• Limited Partnership called 0.450 acre tract of land, more fully- described in Clerk File No.
2003015259 of the Official Public Records of said County and State;
THENCE South. 00 deg. 20 min. 14 min..East along and with a Easterly line of said Elray
Family Limited Partnership called 254.613 acre tract of land per deed and called 263.613 acre
tract of land per plat, same being the Westerly line of said Elray Family Limited Partnership
called 0.450 acre tract, a distance of 195.88 feet to a 1/2-inch iron rod found for an interior ell
corner of said Elray Family Limited Partnership called 254.613 acre tract of land per deed and
called 263.613 acre tract of land per plat;:same being the Southwesterly comer of said Elray
Family Limited Partnership called 0.450 acre tract;
THENCE North 87 deg. 02 min. 53 sec. East along and with a Northerly line of said Elray
Family Limited Partnership called 254.613 acre tract of land per deed and called 263.613 acre
tract of land per plat, same being the Southerly line of said Elray Family Limited Partnership
called 0.450 acre tract, a distance of 94.43 feet to a 1/2-inch iron rod found for a Northeasterly
comer of said Elray Family Limited Partnership called 254.613 acre tract of land per deed and
called 263.613 acre tract of land per plat, same being the Southeasterly comer of said Elray
Family Limited Partnership 0.450.acre tract, same being in the Westerly line of that certain
Ingraham Family Limited Partnership called 4.42 acre tract of land, more fully described in
Clerk File No. 2001030452 of the Official Public Records of said County and State;
EXHIBIT `A'
LEGAL DESCRIPTION continued
THENCE South 00 deg. 50 min. 56 sec. East along and with a Easterly line of said Elray
Family Limited Partnership called 254.613 acre tract of land per deed and called 263.613 acre
tract of land per plat, same being the Westerly line of said Ingraham Family Limited Partnership
called 4.42 acre tract, a distance of 798.52 feet to a 1/2-inch iron pipe found for an interior ell
comer of said Elray Family Limited Partnership called 254.613 acre tract of land per deed and
called 263.613 acre tract of land per plat, same'being the Southwesterly corner of said Ingraham
Family Limited Partnership called 4.42 acre tract;
THENCE North 87 deg. 10 min. 13 sec. East along and with a Northerly line of said Elray
Family Limited Partnership. called 254.613 acre. tract of land per deed and called.263.613 acre
tract of land per plat, same being the southerly line of said Ingraham Family Limited Partnership
called 4.42 acre tract and the Southerly line of the J.W. Bullock Survey, Abstract No. 7, a
distance of 2204.12 feet to a concrete monument found for the most Easterly Northeast comer of
said Elray Family Limited Partnership called 254.613 acre tract of land per deed and called
263.613 acre tract of land per plat,same being the Northwesterly comer of that.certain City of
Beaumont called 25 acre tract of land, more fully described in Volume 1666,Page 193 of the
Deed-Records of said County and State;
THENCE South 02 deg. 45 min. 16 sec. East (Reference Bearing) along and with the Easterly
. line of said Elray Family Limited Partnership called 254.613 acre tract of land per deed and
called 263.613 acre tract of land per plat, same being the Westerly line of said City of Beaumont
called 25 acre tract, a distance of 2307.31 feet to. a concrete monument found for the most
Easterly Southeast comer of said Elray Family Limited Partnership called 254.613 acre tract of
land per deed and called 263.613 acre tract of land per plat, same being the Southwesterly comer
of said City of Beaumont called.25 acre tract, same being in the Northerly line. of that certain
William Jr. and Frank Reeves called 5 .acre tract of-land, more fully described in Volume 583,
Page 17 of the Deed Records of said Coanty and State;
THENCE South 87 deg. 56 min. 34 sec. West along and with a Southerly line of said Elray
Family Limited Partnership cal led 254.613 acre tract of land per deed and called 263.613 acre
tract of land per plat, same being the Northerly line of said William Jr. and Frank Reeves called 5
acre tract, a distance of 187.45 feet to a.I-inch iron pipe found for an interior ell comer of said
Elray Family Limited Partnership called 254.613 acre tract of land per deed and called 263.613
acre tract of land per plat, same being the.Northwesterly corner of said William Jr. and Frank
Reeves called 5 acre tract;
THENCE South 02 deg. 40 min. 27 sec. East along and with an Easterly line of said Elray
Family Limited Partnership called 254.613 acre tract of land per deed and called 263.613 acre
tract of land per plat, same being the Westerly line of said William Jr. and Frank Reeves 5 acre
tract, a distance of 333.10 feet to a 1/2-inch iron rod found for a Southeasterly comer of said
Elray Family Limited Partnership called 254.613 acre tract of land.per deed and called 263.613
• acre tract of land per plat, same the Southwesterly comer of said William Jr. and Frank Reeves
called 5 acre tract, same being in the Northerly line of that certain Barnett Alvin Greenberg
called 5 acre tract of land, more.fully described in Film Code No. 103-71-2092 of the Official
Public Records of said County and State;
• LEGAL DESCRIPTION continued
THENCE South 87 deg. 19 min. 05 sec. West along and with a Southerly line of said Elray
Family Limited Partnership called 254.613 acre tract of land per deed and called 263,613 acre
tract.of land per plat, same being the Northerly line of said Barnett Alvin Greenberg called 5 acre
tract and that certain Virginia Shelton tract of land, more fully described in Film Code No. 104-
24-2201 of the Official Public Records of said County and state, a distance of 1046.55 feet to a
/8-inch iron rod marked "Leap Eng." set for and angle point in the Southerly line of said Elray
Family Limited Partnership called 254.613 acre tract of land'per deed and called 263.613 acre
tract of land per plat, same being the Northwesterly comer of said Virginia Shelton Tract, same
being the Northeasterly comer of that certain Schindler Estate called 20 acre tract of land;
THENCE South 87 deg. 08 mina 07 sec. West along and with a Southerly he_of said Elray
Family Limited Partnership called 254.613 acre tract of land per deed and called 263.613 acre
tract of land per plat, same being the Northerly line of said Schindler Estate called 20 acre tract, a
distance of 935.18 feet to a fence post for an interior ell corner of said Elray Family Limited
Partnership called 254.613 acre.tract of land per deed and called 263.613 acre tract.of land per
plat, same being the Northwesterly comer of said Schindler Estate called 20 acre tract;
THENCE South 02 deg. 40 min. 29 sec. East along and with a Easterly line of said Elray
Family Limited Partnership called 254.613 acre tract of land per deed and called 263.613 acre
tract of land per plat, same being the Westerly line of said Schindler Estate called 20 acre tract, a
• distance of 742:00 feet to a 5%8-inch iron rod marked "Leap Eng:" set for:reference then
continuing for a total distance of 1041.66 feet for the most Southerly comer of said Elray Family
Limited Partnership called 254.613 acre tract of land per deed and called 263.613 acre tract of
land per plat, same being in the Northeasterly line of Ifillebrandt Bayou;
THENCE in a Northwesterly direction along and with the Westerly line of said Elray Family.
Limited Partnership called 254.613 acre tract of land per deed and called 263,613 -acre tract of
land per plat, same being the Northeasterly meanders of said Hillebmdt Bayou the foll owhig
courses and distances:
North 48 deg. 22 min. 48 sec.West a distance of 100.06 feet to a point for corner;
North 50 deg.35 min. 51 sec. West a.distance of 137.56 feet to a point for comer;
North 50 deg. 55 min. 05 sec. West a distance of 167.67 feet to a point for comer;
North 51 deg. 09 min. 51 sec.West a distance of 106.17 feet to a point for comer;
North 50 deg. 19 min. 01 sec. West a distance of 109..08 feet to a point for comer;
North 53 deg. 10 min. 14 sec.West a distance of 168.49 feet to a point for corner;
North 51 deg. 32 min. 55 sec. West a distance of 130.18 feet to a point for comer;
North 53 deg. 49 min. 15 sec.West a distance of 134.65 feet to a point for comer;
North 55:deg. 13 min. 57 sec. West a distance of 125.73 feet to a point for comer;
North 56 deg. 27 min. 42 sec. West a distance of 159.72 feet to a point far comer;
North 57 deg. 16 min. 29 sec: West a distance of 176.61 feet to a.pointfor comer;
North 65 deg. 28 min. 52 sec:West a distance of 119.04 feet to a point for comer;
• North 62 deg. 14 min. 33 sec. West a.distance of 162.54 feet to a point for corner;
North 56 deg. 54.min. 43 sec. West a distance of 98.90 feet to a point for corner;
North 43 deg.27 min. 54 sec. West a distance of 142.81 feet to a point for comer;
North 35 deg. 18 min. 17 sec.West a distance of 115.51 feet to a point for corner;
North 18 deg. 13 min. 07 sec..West a distance of 134.55 feet to a point for comer;
• LEGAL DESCRIPTION continued
North 22 deg. 14 min. 33 sec. West a distance of 133.02 feet to a point for comer;
North 13 deg. 09 min.40 sec.West a distance of 94.39 feet to a point for corner;
North 02 deg. 18 min.32 sec. West a distance of 154.07 feet to a point for corner;
North 08 deg: 30 min.26 sec. East a distance of 128.47 feet to a point for comer;
North 04 deg.-03 min.41 sec. East a distance of 196.03 feet to a point for comer;
North 03 deg..22 min.30 sec. West a distance of 64.56 feet to a point for corner;
North 05.deg. 19 min. 57 sec. West a distance of 162.76 feet to a point for comer;
North 07 deg. 54.min.41 sec. West a distance of 165.55 feet to a point for corner;
North 05 deg. 31 min. 38 sec. West a distance of 174.47 feet to a point for corner;
North 02 deg. 36 min: 08 sec. West a distance of 152.16 feet to a point for comer;
North 02 deg. 25 min. 12 sec. East a distance of 202.83 feet to a point for comer; .
North 02 deg. 02 min..41 sec. West a distance of 114.19 feet to a point for corner;
North 02 deg. 19 min. 04 sec.East a distance of 111.69 feet to a.point for comer;
North 02 deg. 23.min. 18 sec. West a distance of 214.38 feet to a point for corner in the
Easterly line.of said Hillebrandt Bayou, same being the Southwesterly comer of that certain
Harry and Mirza Coussou called 1.728 acre tract of land, more fully described in Volume 1349,
Page 266 of the Deed Records of said County and State;
THENCE North 89 deg. 28 min. 58 sec. East along and with a Northerly line of said Elray
• Family Limited Partnership called 254.613 acre tract of land per deed and called.263.613 acre
tract of land per plat, same being the Southerly line of said Harry and Mirza. Coussou called
1.728 acre tract, a distance of 255.14 feet to a 1/2-inch iron rod found for reference then
continuing for a total distance_of 300.00 feet to a 1/2-inch iron rod found for an interior ell
comer of said`Elray Family Limited Partnership called 254,613 acre tract of land per deed and
called 263.613 acre tract of land per plat, same being the Southeasterly corner of said Harry and
Mirza Coussou called 1.728 acre tract;
THENCE North.00 deg. 32 min. 06 sec. West along and with a Westerly line of said Elray
Family Limited Partnership called 254.613 acre-tract of land per deed and called 263.613 acre
tract of land per plat, same being the Easterly line of said Harry and Mirza Coussou called 1.728
acre tract, a distance of 260.02 feet to a 1/2-inch iron rod found for a Northeasterly comer of said
Elray Family Limited Partnership called 254.613 acre tract of land per deed and called 263.613
acre tract of land per plat, same being the Northeasterly corner of said Harry and Mirza Coussou
called 1.728 acre tract, same being,in the Southerly line of that certain Harry and Mirza Coussou
called 0.500 acre tract of land, more fully described in Film Code No. 104-53-1374 of the
Official Public Records of said County and State;
THENCE North 87 deg. 55 min. 37. sec. East along and with a Northerly line of said Elray
Family Limited Partnership called 254.613 acre tract of land per deed and called 263.613 acre
tract of land per plat, same being the Southerly line of said Harry and Mirza Coussou called
0.500 acre tract, a distance of 107.94 feet to a 1/2-inch iron rod found for and interior ell comer
of said Elray Family Limited Partnership called 254.613 acre •*_Tact of land per deed and called
263.613 acre tract of land per plat, same being the Southeast comer of said Harry and Mirza
Coussou called 0.500 acre tract;
. LEGAL DESCRIPTION continued
THENCE North 06 deg. 36 min. 13 sec. West along and with a Westerly line of said Elray
Family Limited Partnership called 254.613.acre tract of land per deed and called 263.613 acre
tract of land per plat, same being the Easterly line of said Harry and Mirza Coussou called 0.500
acre tract, a distance of 44.82 feet to a 1/2-inch iron rod found for a Northwesterly corner of said
Elray Family Limited Partnership called 254.613 acre tract of land per deed and called 263.613
acre tract of land per plat, same being the Southwesterly comer of that certain Robert and Edna
Ward called 0.623 acre tract of land,more fully described in Volume 1325,Page 106 of the Deed
Records of said County and State;
THENCE North 55 deg..23 min. 14.sec. East along and with a Northerly line of said Elray
Family Limited Partnership called 254.613 acre tract of land per deed and called 263.613 acre
tract of land per.plat, same being the Southerly line of said Robert and Edna Ward called 0.623
acre tract, a distance of 147.87 feet to a .1/2-inch iron rod found fora Northerly corner of said.
Elray Family Limited Partnership called 254.613 acre tract of land per deed-and called 263.613
acre. tract of land per plat, same being the Westerly comer of that certain Broussard's Mortuary,
Inc. called 0.408 acre tract of land, more fully described in Clerk File No. 2005034661 of the
Official Public Records of said County and State
THENCE South 34 deg. 3 min. 00 sec. East along and with a Northeasterly line of said Elray
Family Limited Partnership called 254.613 acre tract:of land per deed and called 263.613 acre
tract of land per plat, same being the Southwesterly line of said Broussard's.Mortuary Inc. called
0.408 acre tract, a distance of 118.53 feet to a 1%2-inch iron rod found for an interior ell corner of
said Elray Family Limited Partnership called 254.613 acre tract of land per deed and called
263.613 acre tract of land per plat, same being the Southerly comer of said Broussard's Mortuary
Inc. called 0.408 acre tract;
THENCE North 59 deg. 10 min. 05 sec.East along and with a Northwesterly line of said Ekay
Family Limited Partnership called 254.613 acre tract of land per deed and called 263.613 acre
tract of land per plat, same being the Southeasterly line of said Broussard's Mortuary Inc. called
0.408 acre tract, a distance of 138.71 feet to a 5/8-inch iron rod marked "Leap Eng." set for a
Northerly corner of said Elray-Family Limited Partnership called 254.613 acre tract of land per
deed and called 263.613 acre tract of land. per plat, same being the Easterly comer of said
Broussard's Mortuary Inc...called 0.408 acre tract,.same being in the Southwesterly right of way,
line of Stivers Road a dedicated public right of way;
THENCE South 29 deg. 33 min. 24 sec. East along and with a Northeasterly line of said Elray
Family Limited Partnership called 254.613 acre tract of land per deed and called 263.613 acre
tract of land per plat, same being the Southwesterly right of way line of Stivers Road, a distance
of 62.27 feet to a 5/8-inch iron rod"Leap Eng."set for the beginning of a curve to the left having
a radius of 15.00 feet and a delta angle of 46 deg. 22 min. 17 sec.;
THENCE in a Southeasterly direction along and with said curve a chord bearing of South 24
• deg. 27 min 12 sec. East an arc distance of 12.14 feet to a 5/8-inch iron rod marked "Leap Eng."
set for the PT of said curve and the beginning of a curve to the right having a radius of 40.00 feet
and a delta angle of 53 deg. 30 min. 00 sec.;
• LEGAL DESCRIPTION continued
THENCE in a Southeasterly direction along and with said curve a chord bearing of South -28
deg. 01 m1n..04 sec.East an arc distance of 37.35 feet to a 1/2-inch iron rod found for a Easterly
corner of said Elray Family Limited Partnership called 254.613 acre tract of land per deed and
called 263.613 acre tract of land per plat, same being the Northwesterly corner of that certain
Margaret Hebert Callaway called 1.596 acre tract of land, more fully described in Volume 2054,
Page 33 of the Deed records of said County and State;
THENCE South 12 deg. 19 min. 42 sec. West along and with a Easterly line of said Elray
Family Limited Partnership called 254.613 .acre tract of land per deed and called 263.613 acre
tract of land per plat, same being the Westerly line of said Margaret Hebert Callaway called
1.596 acre tract, a distance of 395.36 feet to a 1/2-inch iron rod found for an interior ell comer of
said Elray Family Limited Partnership called 254.613 acre tract of land per deed and called
263.613 acre tract of land per plat, same being the Southwesterly comer of said'Margaret Hebert
Callaway called 1.596 acre tract;
THENCE North 87 deg. 17 min. 48 sec. East along and with a Northerly line of said Elray
Family Limited Partnership called 254.613 acre tract of land per deed,and called 263.613 acre
tract of land per plat, same being the Southerly line of said Margaret Hebert Callaway called
1.596 acre tract,.a distance of 262.48 feet to a metal post in concrete found for an interior ell
. comer of said Elray Family Limited Partnership called 254.613 acre tract of land per deed and
called 263.613 acre tract of land per plat, same being the Southeasterly comer of said Margaret
Hebert Callaway called 1.596 acre tract;
THENCE North 01 deg. 21 min. 54 sec. West along and with a Westerly line of said Elray
Family Limited Partnership called 254.613 acre tract of land per deed and called 263.613 acre
tract of land per plat, same being the Easterly line of said Margaret Hebert Callaway called 1.596
acrc tract, a'distance of 299.32 feet to a metal post in concrete.found for an angle point of said
Elray Family'Limited Partnership called 254.613 acre.tract of land per deed-and called 263.613
acre tract of land per plat, 'same being the Northwesterly comer of said Margaret Hebert
Callaway called 1.596 acre tract;
THENCE North 32 deg. 0.2 min. 34 sec. West along and with.a Westerly line of said Elray
Family Limited Partnership called 254.613 acre tract of land per deed and called 263.613 acre
tract of land per plat, same being the Northeasterly line of said Margaret Hebert Callaway.called
1.596 acre tract, a distance of 135.88 feet to a metal post in concrete found for a Westerly comer
of said,Elray Family Limited Partnership called 254.613 acre tract of land per deed and called
263.613 acre tract of land per plat, same being the Northerly Comer of said Margaret Hebert
Callaway called 1.596 acre tract, same being in the Easterly right of way line of Slivers Road,
same being the Southwesterly comer of said Catholic Diocese of Beaumont called 1.470 acre
tract;
LEGAL DESCRIPTION continued
THENCE North 56 deg. 27 min. 55 sec. East along and with a Northerly line of said Elray
Family Limited Partnership called 254.613 acre tract of land per deed and called 263.613 acre
tract of land per plat, same being the Southerly line of said Catholic Diocese of Beaumont called
1.470 acre tract, a distance of 104.42 feet to a 1/24nch iron rod found for an interior comer of
said Elray Family Limited Partnership called 254.613 acre tract of land per deed and called
263.613 acre tract of land per plat, same being the Southeasterly comer of said Catholic Diocese
of Beaumont called 1.470 acre tract;
THENCE North 33 deg. 17 min. 39-sec. West and with the.a Westerly line of said Elray Family
Limited Partnership called 254.613 acre tract of land per deed and called 263.613 acre tract of
land per plat, same being the Easterly line of said Catholic Diocese of Beaumont called 1.470
acre tract,a distance of 583.31 feet to the PLACE OF BEGINNING, containing 264.477 acres of
land,more or less.
•
•
File 1953-P: Request for a general land use plan in a PUD District and a specific use permit
to allow multi-family residential and general retail and professional office uses.
cation: South side of Fannett at Stivers
W!kpplicant: Leonard Kirtman for Global Ventures
0 500 1,000
I Feet
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GOLF COURSE _
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BOTANICAL GARDEN -
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0.�l1uW6.
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2
July 29, 2008
Consider a request for a specific use permit to allow an eating place and general office use in an
RCR(Residential Conservation and Revitalization) District at 2306 Hazel
I
RICH WITH OPPORTUNITY
r
T • E • x • A • S City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Chris Boone, Community Development Director
MEETING DATE: July 29, 2008
REQUESTED ACTION: Council consider a request for a specific use permit to allow
an eating place and general office use in an RCR
(Residential Conservation and Revitalization) District at
2306 Hazel.
RECOMMENDATION
The Administration recommends approval of the request.
BACKGROUND
Patricia LeDe has applied for the specific use permit.
Ms. LeDe states that she intends to restore and remodel the building that, for many years, was Brad's
Place Restaurant. The building suffered damage from Hurricane Rita and has been vacant since.
In 1998, Brad Nelson received a specific use permit that allowed his restaurant and catering business
on the subject property. The building immediately north of the restaurant was used as Mr. Nelson's
office for the restaurant and catering business.
At a Joint Public Hearing held July 21, 2008, the Planning Commission recommended approval
6:0 for a specific use permit to allow an eating place and general office use in an RCR(Residential
Conservation and Revitalization) District at 2306 Hazel.
BUDGETARY IMPACT
None.
ORDINANCE NO.
ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT
TO ALLOW AN EATING PLACE AND GENERAL OFFICE USE IN
AN RCR(RESIDENTIAL CONSERVATION AND REVITALIZATION)
DISTRICT LOCATED AT 2306 HAZEL IN THE CITY OF
BEAUMONT, JEFFERSON COUNTY, TEXAS.
WHEREAS,the City Council for the City of Beaumont desires to issue a specific use
permit to Patricia LeDe to allow an eating place and general office use in an RCR
(Residential Conservation and Revitalization) District located at 2306 Hazel, being Lots
27-28, Block 18, Averill Addition, City of Beaumont, Jefferson County, Texas, containing
0.32 acres, more or less, as shown on Exhibit "A" attached hereto; and,
WHEREAS, the City Council is of the opinion that the issuance of such specific use
permit is in the best interest of the City of Beaumont and its citizens:
NOW, THEREFORE, BE IT ORDAINED BY THE
CITY OF BEAUMONT:
Section 1.
That a specific use permit to allow an eating place and general office use in an
RCR (Residential Conservation and Revitalization) District located at 2306 Hazel, being
Lots 27-28, Block 18, Averill Addition, City of Beaumont, Jefferson County, Texas,
containing 0.32 acres, more or less, as shown on Exhibit "A" attached hereto and made
a part hereof for all purposes, is hereby granted to Patricia LeDe, 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 Exhibit "B"
and made a part hereof for all purposes. j
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, as well as
comply with any and all federal, state and local statutes, regulations or ordinances which
may apply.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 29th day of July,
2008.
- Mayor Becky Ames -
- : Request for a specific use permit to allow an eating place and general office
is in an RCR(Residential Commercial Revitalization) District.
cation: 2306 Hazel
Applicant: Patricia UDe
0 100 200
+ I I Feet
Legend.
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LRM' 1956P
R-S
HARRISON AVE '
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3
July 29, 2008
Consider a request for a specific use permit to allow a warehouse in a GC-MD (General
Commercial-Multiple Family Dwelling) District at 2990 Laurel
RICH WITH OPPORTUNITY
r
T • E • X • A • S City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Chris Boone, Community Development Director
MEETING DATE: July 29, 2008
REQUESTED ACTION: Council consider a request for a specific use permit to allow
a warehouse in a GC-MD(General Commercial-Multiple
Family Dwelling) District at 2990 Laurel.
RECOMMENDATION
The Administration recommends approval of the request.
BACKGROUND
Harry Kilgore has applied for the specific use permit.
The proposed warehouse is to be located in an existing 15,000 sq. ft. commercial building. Mr.
Kilgore states that the building will consist of approximately 14,000 sq. ft. of warehouse space
and approximately 1,000 sq. ft. of office space.
The building was last used as a day care center. However, the building has been vacant for
several years. The building was originally constructed for commercial uses.
The proposed use will be compatible with surrounding uses. There are several warehouse
distribution centers within close proximity of the subject property.
At a Joint Public Hearing held July 21, 2008, the Planning Commission recommended approval
6:0 for a specific use permit to allow a warehouse in a GC-MD(General Commercial-Multiple
Family Dwelling) District at 2990 Laurel.
BUDGETARY IMPACT
None.
ORDINANCE NO.
ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE
PERMIT TO ALLOW A WAREHOUSE IN A GC-MD
(GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING)
DISTRICT LOCATED AT 2990 LAUREL IN THE CITY OF
BEAUMONT, JEFFERSON COUNTY, TEXAS.
WHEREAS,the City Council forthe City of Beaumont desires to issue a specific use
permit to Harry Kilgore to allow a warehouse in a GC-MD (General Commercial-Multiple
Family Dwelling) District located at 2990 Laurel, being Tract 73-A, Plat C6, Noah Tevis
Survey, City of Beaumont, Jefferson County, Texas, containing 1.036 acres, more or less,
as shown on Exhibit "A" attached hereto; and,
WHEREAS, the City Council is of the opinion that the issuance of such specific use
permit is in the best interest of the City of Beaumont and its citizens:
NOW, THEREFORE, BE IT ORDAINED BY THE
CITY OF BEAUMONT:
Section 1.
That a specific use permit to allow a warehouse in a GC-MD (General Commercial-
Multiple Family Dwelling) District located at 2990 Laurel, being Tract 73-A, Plat C6, Noah
Tevis Survey, City of Beaumont, Jefferson County, Texas, containing 1.036 acres, more
or less, as shown on Exhibit "A" attached hereto and made a part hereof for all purposes,
is hereby granted to Harry Kilgore, his 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, as well as
comply with any and all federal, state and local statutes, regulations or ordinances which
may apply.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 29th day of July,
2008.
- Mayor Becky Ames -
1957-P: Request fora specific use permit to allow a warehouse in a GC-MD (General
`lommercial-Multiple Family Dwelling) District.
cation: 2990 Laurel
Applicant: Harry Kilgore
0 100 200
Feet
Legend
I �w 1957P
C. M ?;= GC-MD !N G
LIBERTY AVE LAUREL ST
LAUREL ST
15TH T
GC-MD
EH
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HI
EXHIBIT `A'
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4
July 29, 2008
Consider a request for a specific use permit to allow a boarding house in a GC-MD (General
Commercial-Multiple Family Dwelling) District at 10295 Eastex Freeway
RICA WITH OPPORTUNITY
C ► �
T - E - X - A - S City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Chris Boone, Community Development Director
MEETING DATE: July 29, 2008
REQUESTED ACTION: Council consider a request for a specific use permit to allow
a boarding house in a GC-MD(General Commercial-
Multiple Family Dwelling)District at 10295 Eastex
Freeway.
RECOMMENDATION
The Administration recommends denial of the request.
BACKGROUND
Debbie Bonin, for Hattie's House, has applied for the specific use permit.
The subject property is the former location of Girls Haven. Ms. Bonin states that the building will
provide housing for individuals with a very low income, who are homeless, those with a mental
illness, as well as those who simply do not want to live alone anymore. Hattie's House provides
room and board, not care, to those not having the means or the money to live alone or with family
members. Residents are taught to keep appointments, how to stay medication compliant and how
to engage in gainful employment. Transportation is provided to and from doctors appointments,
job interviews, family visits, shopping and community events. Qualified individuals are employed
to supervise the boarding house.
Hattie's House will be renting the property from Triumph Church, which is immediately to the
south. Activity will be restricted to the structure and a minimal outdoor area.
Ms. Bonin states that Hattie's House has three homes in Orange County that have operated for
the past four years.
At a Joint Public Hearing held July 21, 2008, the Planning Commission voted 3:3 for a specific
use permit to allow a boarding house in a GC-MD (General Commercial-Multiple Family
Dwelling)District at 10295 Eastex Freeway subject to the following condition: "-
1. Provide a 6'tall wood screening fence around the rear yard of the house. The west
line of the fence shall be a minimum of 25' from the rear of the house and the
north and south lines of the fence shall tie in with the corners of the house.
BUDGETARYIMPACT
None.
ORDINANCE NO.
ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE
PERMIT TO ALLOW A BOARDING HOUSE IN A GC-MD
(GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING)
DISTRICT FOR PROPERTY LOCATED AT 10295 EASTEX
FREEWAY 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 Debbie Bonin, for Hattie's House, to allow a boarding house in a GC-MD
(General Commercial-Multiple Family Dwelling) District for property located at 10295
Eastex Freeway, being Tract 72, Plat RS 4, Abst. 17, W.B. Dyches Survey, City of
Beaumont, Jefferson County, Texas, containing 2.921 acres, more or less, as shown on
Exhibit "A" attached hereto; and,
WHEREAS, the City Council is of the opinion that the issuance of such specific use
permit is in the best interest of the City of Beaumont and its citizens, subject to the
hereinafter described conditions:
NOW, THEREFORE, BE IT ORDAINED BY THE
CITY OF BEAUMONT:
Section 1.
That a specific use permit to allow a boarding house in a GC-MD (General
Commercial-Multiple Family Dwelling) District for property located at 10295 Eastex
Freeway, being Tract 72, Plat RS 4, Abst. 17, W.B. Dyches Survey, City of Beaumont,
Jefferson County, Texas, containing 2.921 acres, more or less, as shown on Exhibit "A,"
attached hereto and made a part hereof for all purposes, is hereby granted to Debbie
Bonin for Hattie's House, it's legal representatives, successors and assigns, subject to the
hereinafter described condition:
Provide a 6' tall wood screening fence around the rear yard of
the house. The west line of the fence shall be a minimum of
25'from the rear of the house and the north and south lines of
the fence shall tie in with the corners of the house.
Section 2.
That the specific use permit herein granted is expressly issued for and in
accordance with each particular and detail of the site plan attached hereto as Exhibit "B"
and made a part hereof for all purposes.
Section 3.
Notwithstanding the site plan attached hereto, the use of the property hereinabove
described shall be in all other respects subject to all of the applicable regulations contained
in Chapter 30 of the Code of Ordinances of Beaumont, Texas, as amended, as well as
comply with any and all federal, state and local statutes, regulations or ordinances which
may apply.
PASSED BYTHE CITY COUNCIL of the City of Beaumont this the 29th day of July,
2008.
- Mayor Becky Ames -
Effe 1955-P: Request for a specific use permit to allow a boardinghouse in a GC-MD
General Commercial-Multiple Family Dwelling) District.
",ocation: 10295 Eastex Freeway
Applicant: Debbie Bonen for Hattie's House
0 200 400
l i I Feet
Legend
1955P
_ S
R-S
`5 1�
LEWIS DR i
o GC-MD
G
CLICK DR
R�.S`_
l , `
SCOTTS DR ;
i' R-S
- _ - -TZ_ _ i R_g 1
R-S
TE !!
i
EXHIBIT "A"
SURVEY LEGEND .
—E—E— ELECTRIC LINE 0 CONCRETE SURFACE 0 A.C. AIRCONDITIONING UNIT =___= HOOD FENCE
—PL—PL— PIPELINE ® COVERED AREA e P.P. POWER POLE CHAIN LINK FENCE
—T—T— TELEPHONE LIKE E= ROCK OR GRAVEL STREETLIGHT X— BARBED WIRE FENCE
CLIENT. MAGNOLIA ENTERPRISE PARTNER LTD - GF#. 5SET50927C
FOUND J/4'
FOUND CONCRI'm IRON PIPE
YONfJYINT O
O
OLD VOTH ROAD o°
SIT f/2' (60•RO.r.)
z `MON ROD N 08'23'55 Ir 375.55' �
O
. g _ SZT 1/2'
IRON ROD
A�
3CALI: r eo ° ABANDONED RAILROAD J'OUND I/2' �
o° IRON ROD 0
e!1
RO.I.) O
F0RON rpz TRACT IT
e ,: DeON PIPE 0.84 acres o
m e N 08.37'14' Ir 373.70' ro
y (CALLCO N O6'sYoe-
► 37ssa•)
m
FDUND 3/e' I/2'
D1oN kdo IRON Rom PJPa �
NO it OR FORMERLY POINT or BECJNNDVC P p
DEED LVDEX NUMBER
2002005274 ✓CRPR k ° FOUND f/Z'
IRON ROD
VOL. 2339, PACE 440 ✓CDR - � DtaRIUAD
IJICTRIC�- -
ov °r°DDO,NC TRACT I
CONC 2.92 acres
E:
6 ACRE TRACT
FILM CODE
102-45-0576 /
JCRPR_
m.
e.fY SIIYIlJNC PoOL DRIVE e y
q o;
IOOD` CONC WALK d U
b BUJLDJNc CONC
C$ ON SLAB P.P. Cw O
to
ca. vi
lb
a Caa
h 8 s>.4o• . Z ?°y a p
ONa smitr
HOOD RISmfmCI !�C D CE p of
Rf
AC aO E ON SLAB
(2J trao eA_re• O
aura a r -
8
V
7, a 2 NepDK•Ir
0 orrr bRlva
FOUND 3/4' J
IRON PJPa UNDIRCROUND (CALLED 1 ti'16.00"a 363.18•) FOUND 1
FIBER OP77C fAOX R017
ALE 10295 EASTEX FREEWAY NOTE:
1. 'CONCRETE OVERLAPS
THE PROPERTY LINE 0.22
FEET
DISCRJPTION OF ScRvlcas: /OCATE CO N R HOW IMPRO ItFUms
SURVIYdWS C6RTIFJCAIION: -
TO THE LIENHOLOIRS AND THS OWNXRS OF rRk PREMISES, SURVKMD AND To M CHICACO TT LB nJSITRAHCE COMPANY. RECENED
The r+ndtrslgned does hereby certify that this sa>wy was thts day mad,on the groaned of the property kB�Y
described hereon and is correct. and that there are no discrepancies.conflicts, shortages in.ar'eq 6msndary CITY OF BEAUMONT
line that ai prop rty has s, over-loPPi^0 of impr'ouements, easements or rights of way, except as shoum hereon, Fl �K-iNG DIVISION
and.that said property has access to and Prom a dedicatod roodulay. Dated MAY 28. 2002
The abdue tract being located at_-10295 EASTEX FREEWAY" BEA J(ONT. T XAS 77708
and being described— A 2.92 ACRE TRACT OIrT AF TNF WFQIFY R DYt`fiFC CIIRVATY ARSTRI CT f7
as rocerded to Volume=, pogo= of the DEED Records of JZFFERSON C fYzaa•. In accordance
with the Flood InrtAna w,Rate Yap of the Federal Emergency Management Agency, map re a�e r Mp
tracts lUs in the flood tone noted Location on map was dot d by mate.xatusl ft td it.daRan mt� er edct JUL 3 2W8
'of said gwsted FAUST.Ititp{raeerbtg and Surueylnp, Inc.. do no nor subscribe t or scale
map.
010DI FA(aT&gweee�aw/3vwylR A.e
RICHARD F. FAUST
REGISTERED PROFESSIONAL LAND SURVEYOR NO. 4782
Cens JUY 28. 2002 A U S T
Census Tract: 1.01
FEMA Flood Zone: C (�C:. .;T
r��:ivy\tt il?9�y
Community Panel No.: ENGINEERING AND SURVEYING, INC. �'e• * •...
485457-0045 B RCFWDFFAW
Panel Data. 12/4/84 2525 Calder Street _ `�_
Field Book
Beaumont, Tw=$ 97702 'x••• \ �
No.: 02-8 .ja•.g�V`
Project No.- 0206-067 Office (409) 813-3410 Paz (409) 813-3484
EXHIBIT `tBf1
5
July 29, 2008
Consider a request for a specific use permit to allow a drinking place in the CBD (Central
Business District) at 268 Pearl Street
RICH WITH OPPORTUNITY
r
C .[I 1�1 0 N
T • E • x • A • S City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Chris Boone, Community Development Director
MEETING DATE: July 29, 2008
REQUESTED ACTION: Council consider a request for a specific use permit to allow
a drinking place in the CBD (Central Business District) at
268 Pearl Street.
RECOMMENDATION
The Administration recommends denial of the request.
BACKGROUND
Brian Austin has applied for the specific use permit.
Mr. Austin states that the property will be used as a night club that will generate revenue through the
sale of alcoholic and non-alcoholic beverages during general business hours of 4 p.m. to 2 a.m.
Monday through Saturday. The approximate occupancy of the facility will be 250 to 300 customers.
The establishment will host live musical and other non-musical performances as provided by outside
production companies and promoters. This type of entertainment will be provided approximately two
times per week on a regular basis. All live performances will begin at or near 9:00 p.m. A smoking
area will be provided in a fenced patio at the rear of the property.
At a Joint Public Hearing held July 21, 2008, the Planning Commission recommended denial 6:0
for a specific use permit to allow a drinking place in the CBD (Central Business District) at 268
Pearl Street.
BUDGETARY IMPACT
None.
ORDINANCE NO.
ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE
PERMIT TO ALLOW A BUSINESS SELLING ALCOHOLIC
BEVERAGES IN THE CBD(CENTRAL BUSINESS DISTRICT)
FOR PROPERTY LOCATED AT 268 PEARL STREET IN THE
CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS.
WHEREAS, the City Council forthe City of Beaumont desires to issue a specific use
permit to Brian Austin to allow a business selling alcoholic beverages in the CBD (Central
Business District) for property located at 268 Pearl Street, Tract 2, Plat E, Noah Tevis
Survey, City of Beaumont, Jefferson County, Texas, containing 0.071 acres, more or less,
as shown on Exhibit "A" attached hereto; and,
WHEREAS, the City Council is of the opinion that the issuance of such specific use
permit is in the best interest of the City of Beaumont and its citizens:
NOW, THEREFORE, BE IT ORDAINED BY THE
CITY OF BEAUMONT:
Section 1.
That a specific use permit to allow a business selling alcoholic beverages in the
CBD (Central Business District) for property located at 268 Pearl Street, Tract 2, Plat E,
Noah Tevis Survey, City of Beaumont, Jefferson County, Texas, containing 0.071 acres,
more or less, as shown on Exhibit 'A," attached hereto and made a part hereof for all
purposes, is hereby granted to Brian Austin, his 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"
Section 3.
Notwithstanding the site plan attached hereto, the use of the property hereinabove
described shall be in all other respects subject to all of the applicable regulations contained
in Chapter 30 of the Code of Ordinances of Beaumont, Texas, as amended, as well as
comply with any and all federal, state and local statutes, regulations or ordinances which
may apply.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 29th day of July,
2008.
- Mayor Becky Ames -
i
He 1954-F: Requestfor a specific use permit to allow a night club in the CBD (Central
Business District).
,ocation: 268 Pearl
Applicant: Brian Austin
0 100 200
t Feet
Legend
CfBD ® 1954P
\ \ s \
CBD
i
c �
B. \,
\ a
P� \
CBD
CBD
CAB D
9D
X
'\
]CBD f `
CBD
EXHIBIT "A"
m
F-
_m
100' 2
X
W
O YENOE
22' NTA� F FIRST FLOOR w
30'
O�
Q
YECN W
Q.
�� YCNS NESM" WKNS NESTNOOY
SAIONWO ANEA Oxw wC001D1 BAN
32' 68'
PLAN OF BUILDING
SCREE 1/8'-1'-0' FIGURE 1
6
July 29, 2008
Consider a request for an amended specific use permit to allow a drinking place in a GC-MD
(General Commercial-Multiple Family Dwelling)District at 4345 Eastex Freeway
RICH WITH OPPORTUNITY
[1EA,[1M011
T • E - x • A - S City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Chris Boone,CommGSA unity Development Director
MEETING DATE: July 29, 2008
REQUESTED ACTION: Council consider a request for an amended specific use
permit to allow a drinking place in a GC-MD(General
Commercial-Multiple Family Dwelling)District at 4345
Eastex Freeway.
RECOMMENDATION
The Administration recommends denial of the request.
BACKGROUND
Gradey Caldwell has applied for the amended specific use permit.
Mr. Caldwell states that the building will be used for banquet hall rental with alcoholic sales.
On March 5, 2002,a specific use permit was granted for a drinking place subject to occupancy
being limited to 244 persons and there being only one owner identification sign for the night club
permitted on the existing Aaron's reader board. The sign would be non-flashing. Jerry Jones
signed the specific use permit application as both applicant and property owner.
In February, 2004,the Beaumont Police Department instigated an undercover investigation of the
club whereby drugs were found in numerous places,prostitution was occurring,two weapons
were found and nudity was observed. Mr. Jones was arrested for operating a sexually oriented
business without a license.
On March 15,2004,the Planning Commission and City Council held a public hearing to
consider the revocation of the specific use permit. On March 23,2004, City Council revoked
the specific use permit for the drinking place based on the following reason:
1. A sexually oriented business is not permitted in a GC-MD District. The nightclub
was in violation of Section 30-33(b)2 of the Zoning Ordinance which states that
"eating places(SIC 5812)and drinking places(SIC 5813)that have adult
entertainment and video tape rental (SIC 7841)that rents adult video tapes shall
not be allowed in the RCR,NC, GC-MD and GC-MD-2 districts.
On March 20,2006,the Planning Commission and City Council held a public hearing to
consider a request for a new specific use permit to allow a drinking place at 4345 Eastex
Freeway with a Frederick Smith as applicant. The application showed Jerry Jones as the owner.
On April 4, 2006, City Council approved the request for a specific use permit subject to the
following conditions:
• Limit the occupancy to a maximum of 240 persons or obtain approval of a special
exception to the parking requirements from the Zoning Board of Adjustment.
• No adult entertainment will be provided.
Because the proposal consisted of more than just a night club and the operation of the club was
under a different name,Mr. Caldwell was required to apply for a new specific use permit.
At a Joint Public Hearing held June 16,2008,the Planning Commission recommended denial 4:3
of an amended specific use permit to allow a drinking place in a GC-MD(General Commercial-
Multiple Family Dwelling)District at 4345 Eastex Freeway.
The"20%Rule"
Section 30-40. D. of the Zoning Ordinance states the following:
Protest: The City Council shall not amend, supplement, change,
modify or repeal any regulation,restriction or boundary or approve a
Specific Use Permit where a protest against such change, signed by
the owners of twenty(20) percent or more either of the area of the
lots included in such proposed change or of the lots or land
immediately adjoining the same and extending two hundred (200)
feet therefrom,except by the favorable vote of three-fourths(314)of
all the members of the City Council.
This means that in order to approve a zone change or specific use permit when the
20%rule has been invoked at least six Council members must vote in favor of the
Ordinance.
On File 1949-P,aprotest of 25.5%was received,therefore invoking the Rule on this
case.
BUDGETARYIMPACT
None.
ORDINANCE NO.
ENTITLED AN ORDINANCE AMENDING ORDINANCE 06-
020 TO ALLOW A BANQUET HALL RENTAL BUSINESS
WITH ALCOHOLIC BEVERAGE SALES IN A GC-MD
(GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING)
DISTRICT LOCATED AT 4345 EASTEX FREEWAY;
PROVIDING FOR SEVERABILITY; AND PROVIDING FOR
REPEAL.
BE IT ORDAINED BY THE CITY OF BEAUMONT:
WHEREAS, Ordinance No. 06-020 passed on April 4, 2006 granted a specific use
permit to Frederick J. Smith, Jr. to allow a drinking place in a GC-MD (General
Commercial-Multiple Family Dwelling) District at 4345 Eastex Freeway, being Plat D22,
Tract 53, F. Bigner Survey, City of Beaumont, Jefferson County, Texas, containing 0.996
acres, more or less, as shown on Exhibit "A" attached hereto; and,
WHEREAS, Gradey Caldwell has applied to amend the specific use permit to allow
the premises to be used for a banquet hall rental business with on premise alcoholic
beverage sales; and,
WHEREAS, the City Council is of the opinion that the amendment of such specific
use permit is in the best interest of the City of Beaumont and its citizens;
NOW, THEREFORE, BE IT ORDAINED BY THE
CITY OF BEAUMONT:
Section 1.
THAT Ordinance 06-020 passed on April 4, 2006 by the City Council of the City of
Beaumont is hereby amended to issue a specific use permit to Gradey Caldwell, his legal
representatives, successors and assigns to allow a banquet hall rental business with on
premise alcoholic beverage sales in a GC-MD (General Commercial-Multiple Family)
District located at 4345 Eastex Freeway, being Plat D22, Tract 53, F. Bigner Survey, City
of Beaumont, Jefferson County, Texas, containing 0.996 acres, more or less, as shown on
Exhibit "A" attached hereto.
Section 2.
That the specific use permit herein granted is expressly issued for and in
accordance with each particular and detail of the site plan attached hereto as Exhibit "B"
and made a part hereof for all purposes.
Section 3.
Notwithstanding the site plan attached hereto, the use of the property hereinabove
described shall be in all other respects subject to all of the applicable regulations contained
in Chapter 30 of the Code of Ordinances of Beaumont, Texas, as amended, as well as
comply with any and all federal, state and local statutes, regulations or ordinances which
may apply.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 29th day of July,
2008.
- Mayor Becky Ames -
Eik 1949-P: Request for an amended specific use perru t to allow a drinking piace in a GC--N-
ra (General Como erciaWultiple Family Dwelling) Mistrict. . �
cation: 4345 Eastez Freeway
�Pumt: Gradey Caldwell
0 100 200
1 i 1 1 Feet
R-S
Z Legend
® 1949P
a
.G - D
IRIS m
s . R-S
R �h
GC-�ifD�
RM-H .
GC-MD
EXHIBIT "A"
04/29/2003 01:02 9102309431 0474 PAGE 07
Alop
fi
Y
._.....� . EXHIBIT «B„
• 7
July 29,2008
Consider a request to abandon a portion of Stone Oak Drive
•
• RICH WITH OPPORTUNITY
T • E
[1EA1* g
UM011*A • s Ci Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
C))"7
PREPARED BY: Chris Boone,Community Development Director
MEETING DATE: July 29,2008
REQUES'i ED ACTION: Council consider a request to abandon a portion of Stone
Oak Drive.
RECOMMENDATION
The Administration recommends approval of the request to abandon a portion of Stone Oak
• Drive.
BACKGROUND
Gordon George,owner of Adam Shea, Ltd.,has applied for the abandonment.
The 0.14 acre portion of Stone Oak borders the northern most property line of Lot 10, Stone Oak
Industrial Park. Mr. George is selling 18.17 acres of land to the west of the end of Stone Oak
Drive. The purchaser needs unencumbered access to the property. Abandoning this 0.14 acre of
right-of-way gives the purchaser his desired access. The abandoned property will be deeded to
the purchaser. Mr. George has an agreement with IBEW Credit Union to deed its half of the
abandoned right-of-way to the purchaser.
The purchaser of the 18.17 acres has a 13-year lease with a large industrial construction company
and will construct a 70'x 435'office/warehouse and lay down yard for the lessee.
The temporary cul-de-sac that now exists will be replaced with a permanent, concrete curb-and-
gutter cul-de-sac.
At a Regular Meeting held July 21, 2008,the Planning Commission recommended approval 6:0
to abandon a portion of Stone Oak Drive.
BUDGETARY IMPACT
None.
• Adam Shea, Ltd June 26, 2008
P.O. Box 665
Port Neches, TX 77651
Cell - (409) 932-5153
Fax— (409) 729-4441
Dear Council,
Adam Shea, Ltd., respectfully request the abandonment of a right-of-way easement
bordering the northern most property line of our lot #10 located in Stone Oak Industrial
Park, Section 1, 17/307 J.C.M.R., Beaumont, Texas. Adam Shea, Ltd., also owns the
18.17 acres track of vacant land bordering the most western property line of the right-of-
way easement. This 18.17-acre track knows as Section Two of Stone Oak Industrial
Park is under contract for sale.
The purchaser of this 18.17 track of land needs unencumbered access to the property.
Abandoning this .acre right of way gives this purchaser unencumbered access. The
.1f-acre will be deeded to the purchaser. The. temporary cul-de-sac will be made
permanent replacing the temporary asphalt with concrete curb and gutter. Mr. Maddox
has approved the cul-de-sac turn radius agreeing the cul-de-sac has enough room for
the fire department to turn their fire trucks around.
• The purchaser of the 18.17 acres has a 13-year lease with a large industrial
construction company and will construct a 435' L x 70' W office / warehouse for this
company. The remaining property, under the current plans, is to be used as stabilized
lay down yard.
The abandonment of this .1f acre right-of-way facilitates growth and investment in our
C nk you for your service and consideration.
Sincerely
Go o George wner
am Shea, L d.
IBEW LOCAL 2286
INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS
AFL-CIO-CLC
1430 Spindletop Road P.O. Box 3623
Beaumont, Texas 77704 Phone: (409) 838-3448 Fax (409) 838-1302
June 26, 2008
City Council
Beaumont, Texas
Dear Council:
The members of IBEW Local Union 2286 respectfully request the
abandonment of a right-of-way easement bordering the southern most
property line of our lot#9 located in Stone Oak Industrial Park, Section 1 ,
17/307 J.C.M.R., Beaumont, Texas. This abandonment would further the
growth of our community, increase jobs, as well as, increase our tax base.
Please direct any questions to Randy Albin, Business Manager for IBEW
Local Union 2286. Thank you very much for your time and efforts..
Sincerely,
Randy Albin, Business Manager
IBEW Local 2286
P.O. Box 3623
Beaumont, TX 77704
Office — 409-838-3448
Fax — 409-838-1302
Cc: File
• ORDINANCE NO.
ENTITLED AN ORDINANCE ABANDONING AN 0.14 ACRE
PORTION OF STONE OAK DRIVE BORDERING THE
NORTHERNMOST PROPERTY LINE OF LOT 10, STONE OAK
INDUSTRIAL PARK, IN THE CITY OF BEAUMONT, JEFFERSON
COUNTY, TEXAS.
BE IT ORDAINED BY THE CITY OF BEAUMONT:
THAT an 0.14 acre portion of Stone Oak Drive bordering the northernmost property line
of Lot 10, Stone Oak Industrial Park, as described in Exhibit"A" and shown on Exhibit"B"
attached hereto, be and the same is hereby vacated and abandoned.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 29th day of July,
2008.
•
- Mayor Becky Ames -
•
• LEGAL DESCRIPTION FOR ORDINANCE PURPOSES
BEGINNING at a %2-inch iron rod found at the Northwest corner of Lot 10 of said Stone
Oak Industrial Park, Section l;
THENCE,North 89 deg. 35 min. 42 sec. East, along the North line of said Lot 10 for a
distance of 70.39 feet to a %2-inch iron rod found for comer;
THENCE, along the residue of said Stone Oak Industrial Park and a curve to the right
with a Radius of 65.00 feet, an Arc Length of 106.65 feet, a Chord Bearing of North 42
deg. 11 min. 08 sec. East and a Chord Distance of 95.08 feet to a V2-inch iron rod found in
the South line of Lot 9 of said Stone Oak Industrial Park;
THENCE, South 89 deg. 35 min. 42 sec. West, along the South line of said Lot 9 for a
distance of 134.88 feet to a %2-inch iron rod found in the West line of said Stone Oak
Industrial Park;
THENCE, South 00 deg. 31 min. 48 sec. East, along the West line of said Stone Oak
Industrial Park for a distance of 70.00 feet to the POINT OF BEGINNING and containing
0.14 acres of land;
•
•
EXHIBIT `A'
N
I M.CB OCK 1 RIGHT
I LOT 7 I
4/194 J.C.M.R.
1" = 200'
589'34'49"W 727.88' STONE OAK
INDUSTRIAL PARK
1 SECTION 1
1 17/307 J.O.M.R.
= LOT 8
c i
1
1 —
ROMEDA COMMERCIAL PARK � o
12.00 ACRE TRACT w x
15/391 J.C.M.R. I� LOT 9
1 m a r^
1 0.14 ACRE
c .V TRACT
Ir
-
�. ° o To/TE 4*4w 00.),cp
H89'36'27"E 435.65' P.a.�
O 0.17 L2
O n TR
O �
PJ NM.
a1 1 Oq N
m o
IV t
STONE OAK
• 6.17 ACRE TRACT
1 u INDUSTRIAL PARK
N m SECTION 1
I� + 17/307 J.C.M.R.
N
c a LOT 10
I'v C
P.O.B. - __—__ __—�D'�Bdltll�SE ESldL __ P.O.B. -
12.00 AC 1R 6.94 AC TR
N89.39'48"E S89'35'42"W 550.05'
290.13'
CITY OF BEAUMONT - 3.306 ACRE TRACT CORNERS ARE MARKED
1827/232 J.C.D.R. WITH FOUND 1/2' IRON RODS.
LINE TABLE CURVE TABLE
LINE LENGTH BEARING CURVE LENGTH RADIUS CHORD BEARING k DISTANCE .
L1 134.88 S 9' 4 "W Cl 106.65 65.00 4 1 'OB' 85.
L2 70.39 'l2"
L3- 113.35 1 N59-35-42-E
I, J.D. MaCLENAN DO HEREBY CERTIFY THAT THIS IS A TRUE AND ACCURATE PLAT
OF A 12.00 ACRE TRACT AND A 6.17 ACRE TRACT OUT OF THE M. C. CARTWRIGHT
SUBDIVISION, RECORDED IN VOLUME 4, PAGE 194, MAP RECORDS OF JEFFERSON SURVEYED FOR:
COUNTY, TEXAS AND A 0.14 ACRE TRACT OUT OF STONE OAK INDUSTRIAL PARK, ADAM SHEA, LTD.,
SECTION 1, RECORDED IN VOLUME 17, PAGE 307,.MAP RECORDS OF JEFFERSON A TEXAS LIMITED PARTNERSHIP
COUNTY; TEXAS.AND SHOWING NO IMPROVEMENTS THEREON. THERE ARE NO VACANT, STONE OAK DRIVE
OVERLAPPING OF IMPROVEMENTS EXCEPT.AS SHOWN HEREON. THE UNDERSIGNED BEAUMONT, TEXAS
SURVEYOR DOES NOT WARRANT OR SUBSCRIBE TO THE-ACCURACY OR SCALE OF
FLOOD ZONE INFORMATION WHICH IS DERIVED FROM THE ABOVE REFERENCED FLOOD
INSURANCE RATE MAP. USE OF THIS .SURVEY FOR ANY OTHER PURPOSE OR BY ANY
OTHER PARTIES 15 AT THEIR OWN RISK AND THE UNDERSIGNED SURVEYOR IS NOT
RESPONSIBLE FOR ANY LOSS RESULTING THEREFROM.
OF �
�• �" \ PREPARED BY:
J.D.McCLENAN � B-LINE SURTFEYORS INC.
.o 2 12 THIS PROPERTY LIES IN FLOOD
Q'� ZONE X AS INDICATED ON PANEL
485457 0025 D DATED 08/06/02
.D. MCClenan CCs NIA CIVIL ONa1NWIN0/w4D SUMMa
Registered.Professional Surveyor P.O.sox 2440 ORANOL T2 77631
Texas Registration Number.2512 EXHIBIT "Bn oa-157 'Kn' N/A (409)B93-6666
S
July 29, 2008
Consider a request by ExxonMobil for the disannexation of approximately seven acres of property
i
RICH WITH OPPORTUNITY
BEAUM011*
T - E ,. x - A • S City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
�Sid
PREPARED BY: Chris Boone,Community Development Director
MEETING DATE: July 29, 2008
REQUESTED ACTION: Council consider a reque:-t for a disannexation of property
from the City of Beaumont.
RECOMMENDATION
The Administration recommends approval of the request.
• BACKGROUND
ExxonMobil has applied for the disannexation of property.
ExxonMobil has requested disannexation of approximately 7 acres of property within the Charlton-
Pollard area of the City of Beaumont. ExxonMobil states that this disannexation will complete the
work referenced in the 2002 Agreement between the City and ExxonMobil. In combination with
ExxonMobil's 2003 disannexation,this request will enable the company to create a secure
perimeter at Sycamore and Carroll Streets.
The proposed method of disannexation by ordinance,as outlined in the City's charter,allows for
the alteration of boundary limits,provided that such an ordinance is introduced to City Council,
published in a daily newspaper and then acted upon at least thirty(30)days later. Therefore,final
consideration would be submitted to the Council once all notifications have been complied with.
At a Joint Public Hearing held June 16,2008,the Planning Commission recommended approval
6:0:1 of a request for a disannexation of property£om the City of Beaumont.
BUDGETARY IMPACT
None.
•
ORDINANCE NO.
ENTITLED AN ORDINANCE DISANNEXING EIGHT (8)
TRACTS OF LAND TOTALING APPROXIMATELY 5.174
ACRES OUT OF THE DAVID BROWN LEAGUE,ABSTRACT
5, FROM THE CORPORATE LIMITS OF THE CITY OF
BEAUMONT, TEXAS; PROVIDING FOR SEVERABILITY;
AND PROVIDING FOR REPEAL.
WHEREAS, in 2002, ExxonMobil and the City of Beaumont entered into an
Industrial District Agreement; and
WHEREAS, in conjunction with the Industrial District Agreement, ExxonMobil and
the City of Beaumont entered into an agreement for the purposes of disannexing certain
properties, preventing reannexation of said properties and providing consideration for
disannexation of the property; and
WHEREAS, on December 9, 2003, the City Council of the City of Beaumont
• approved, by Ordinance No. 03-096, the disannexation of 68.57± acres; and
WHEREAS, ExxonMobil has since acquired the additional eight (8) tracts of land
totaling approximately 5.174 acres and has requested the disannexation of this land; and
WHEREAS,the City of Beaumont has abandoned all of the streets and alley rights-
of-way in the area requested for disannexation; and
WHEREAS, the City Council of the City of Beaumont finds that the subject of this
ordinance is within their power as authorized by Article I, Section 4, of the Charter, that
steps necessary to the disannexation have been satisfied, and deems it to be in the best
interest of the health, safety and welfare of the citizens of the City of Beaumont to disannex
the requested property from the corporate limits of the City of Beaumont;
NOW, THEREFORE, BE IT ORDAINED
. BY THE CITY OF BEAUMONT:
Section 1.
THAT the eight(8)tracts of land totaling approximately 5.174 acres out of the David
Brown League, Abstract 5, as described in Exhibits "A" through "H" and shown on Exhibit
"I," attached hereto and made a part hereof for all purposes, located within the corporate
limits of the City of Beaumont be and they are hereby declared disannexed from the
boundaries of the City of Beaumont, Texas, and they are no longer a part of the City of
Beaumont, Texas.
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 29th day of July,
2008.
- Mayor Becky Ames -
FIELD NOTE DESCRIPTION
FOR A 0.2780 ACRE TRACT
FOR THE DEANNEXATION OF A
PORTION OF FULTON AVENUE
OUT OF THE
DAVID BROWN SURVEY,ABSTRACT 5
JEFFERSON COUNTY, TEXAS
MAY 8, 2008
TRACT 1-DEANNEX
That certain portion of Fulton Avenue, a 0.2780 acre tract out of the David Brown Survey,
Abstract 5, Jefferson County, Texas, also being out of and a part of Oakwood Addition, a plat
recorded in Volume 4 Page 67, of the Map Records of Jefferson County, Texas, said 0.2780
acre tract being more particularly described by metes and bounds as follows:
Note: The Basis of Bearings is along south right-of-way line of.Van Buren Avenue between
Holly and Grove Streets, having been called North 89 059'00" East in Clerk's File No. 9842565 of
the Official Public Records of Jefferson County, Texas.
BEGINNING at a W iron pipe found at the intersection of the east right-of-way line of Sycamore
Street with the north right-of-way line of Fulton Avenue for the southwest corner of Lot 16, Block
16 of said Oakwood Addition and the northwest corner of the said 0.2780 acre tract;
• THENCE North 89°52'11" East along the said north right-of-way line of Fulton Avenue and the
said 0.2780 acre tract being the south line of the said Block 16 a distance of 201.31 feet to a
point for the northeast corner of a called 0.0690 acre tract being a portion of Fulton Avenue
abandoned in Ordinance Number 03-083 as described in Clerks File No. 2005008148 of the
Official Public Records of Jefferson County, Texas, the southeast corner of Lot 13,.Block 16 of
said Oakwood Addition and the northeast corner of the said 0.2780 acre tract;
THENCE South 00°13'11" East along the east line of the said 0.0690 and 0.2780 acre tracts a
distance of 60.12 feet to a point in the south right-of-way line of Fulton Avenue for the northeast
corner of Lot 4, Block 23 of said Oakwood Addition, the southeast comer of the said 0.0690 and
0.2780 acre tracts;
THENCE South 89°52'11'West along the said south right-of-way line of Fulton Avenue and the
said 0.2780 acre tract being the north line of said Block 23 a distance of 201.52 feet to a point in
the said east right-of-way line of Sycamore Street for the northwest corner of Lot 1 of said Block
23 and the southwest corner of the said 0.2780 acre tract;
THENCE North 00 001'25"West along the said east right-of-way line of Sycamore Street and the
west line of the said 0.2780 acre tract a distance of 60.12 feet to the POINT OF BEGINNING
and containing 0.2780 acres (12,108.43 sq. ft.) of land, more or less.
Fittz&Shipman,Inc.
•
Page 1o1
02166.Tr1Dx
EXHIBIT `A'
•
FIELD NOTE DESCRIPTION
FOR A 0.1603 ACRE TRACT
FOR THE DEANNEXATION OF
LOT 13,BLOCK 16,OAKLAND ADDITION
OUT OF THE
DAVID BROWN SURVEY, ABSTRACT 5
JEFFERSON COUNTY,TEXAS
MAY 13, 2008
TRACT 2-DEANNEX
That certain 0.1603 acre tract out of the David Brown Survey, Abstract 5, Jefferson County, Texas,
being Lot 13, Block 16 of Oakwood Addition, a plat recorded in Volume 4 Page 67,of the Map
Records of Jefferson County, Texas and conveyed to ExxonMobil Oil.Corporation as recorded in
Clerks File No. 2007046843 of the Official Public Records of Jefferson County, Texas, said 0.1603
acre tract being more particularly described by metes and bounds as follows:
Note: The Basis of Bearings is along south right-of-way line of Van Buren Avenue between Holly and
Grove Streets, having been called North 89 059'00" East in Clerk's File No. 9842565 of the Official
Public Records of Jefferson County, Texas.
COMMENCING at a'/" iron pipe found at the intersection of the east right-of-way line of Sycamore
Street with the north right-of-way line of Fulton Avenue for the southwest comer of Lot 16, Block 16 of
said Oakwood Addition;
THENCE North 89°52'11" East along the said north right-of-way line of Fulton Avenue and the south
line of said Block 16 a distance of 151.31 feet to a point for the southwest corner of said Lot 13 and
the said 0.1603 acre tract for the POINT OF BEGINNING;
THENCE North 00°13'11"West along the west line of said Lot 13 and the said 0.1603 acre tract a
distance of 139.65 feet to a point in the south line of an alley abandoned in Ordinance#03-047 dated
June 24, 2003 for the northwest corner of said Lot 13 and the said 0.1603 acre tract;
THENCE North 89°49'31" East along the said south line of the alley and the north line of said Lot 13
and the said 0.1603 acre tract a distance of 50.00 feet to a point for the northeast corner of said Lot
13 and the said 0.1603 acre tract;
THENCE South 00 01311" East along the east line of said Lot 13 and the said 0.1603 acre tract a
distance of 139.69 feet to a point in the said north right-of-way line of Fulton Avenue for the northeast
corner of a called 0.690 acre tract being a portion of Fulton Avenue abandoned in Ordinance Number
03-083 as described in Clerks File No. 2005008148 of the Official Public Records of Jefferson County,
Texas and the southeast corner of said Lot 13 and the said 0.1603 acre tract;
THENCE South 89°52'11'West along the said north right-of-way line of Fulton Avenue and the said
0.0690 acre tract being the south line of said Lot 13 and the said 0.1603 acre tract a distance of 50.00
feet to the POINT OF BEGINNING and containing 0.1603 acres (6983.31 sq. ft.) of land, more or less.
Fittz&Shipman,In
40 Page 1 of 1
02166.Tr2Dx
EXHIBIT "B"
• FIELD NOTE DESCRIPTION
FOR A 0.4385 ACRE TRACT
FOR THE DEANNEXATION OF
LOT 14, BLOCK 4 OF OAKWOOD ADDITION,
A PORTION OF AN ALLEY AND A
TRACT DESCRIBED IN
CLERKS FILE NO. 2006009987, O.P.R.J.C.
OUT OF THE
DAVID BROWN SURVEY,ABSTRACT 5
JEFFERSON COUNTY,TEXAS
MAY 13, 2008
TRACT 3-DEANNEX
That certain 0.4385 acre tract out of the David Brown Survey,Abstract 5, Jefferson County,
Texas, being Lot 14, Block 4 of Oakwood Addition, a plat recorded in Volume 4 Page 67, of the
Map Records of Jefferson County, Texas, a portion of an alley and a tract conveyed to
ExxonMobil Oil Corporation as recorded in Clerks File No. 2006009987 of the Official Public
Records of Jefferson County, Texas, said 0.4385 acre tract being more particularly described by
metes and bounds as follows:
Note: The Basis of Bearings is along south right-of-way line of Van Buren Avenue between
Holly and Grove Streets, having been called North 89 059'00" East in Clerk's File No. 9842565 of
the Official Public Records of Jefferson County, Texas.
• BEGINNING at a'/" iron pipe found in the south right-of-way line of Burt Street for the
southwest corner of a called 0.5911 acre tract being a portion of Burt Street abandoned in
Ordinance Number 03-083 as described in Clerks File No. 2005008148 of the Official Public
Records of Jefferson County, Texas and the northeast comer of said Lot 14 and the said 0.4385
acre tract;
THENCE South 00 002'19"West along the east line of said Lot 14 and the said 0.4385 acre
tract, at a distance of 139.72 feet pass a Y iron rod found for the southeast comer of said Lot
14, and continuing a total distance of 159.37 feet to a point in the south line of the said alley for
the northeast comer of Lot 3 of said Block 4 and the southeast comer of the said 0.4385 acre
tract;
THENCE North 89 059'42" West along the said south line of the alley and the said 0.4385 acre
tract a distance of 150.75 feet to a point in the said east right-of-way line of Sycamore Street for
the northwest corner of Lot 1 of said Block 4 and the southwest corner of the said 0.4385 acre
tract;
THENCE North 21009'45" East along the west line of the said 0.4385 acre tract a distance of
170.56 feet to a point for the northwest corner of the said 0.4385 acre tract;
THENCE North 89 048'13" East along the north line of the said 0.4385 acre tract and said Lot 14
a distance of 89.28 feet to the POINT OF BEGINNING and containing 0.4385 acres (19,103.23
sq. ft.) of land, more or less.
Ritz&Shipman, Inc.
Page 1 of 1
02166.Tr3Dx
EXHIBIT "C"
• FIELD NOTE DESCRIPTION
FOR A 0.1076 ACRE TRACT
FOR THE DEANNEXATION OF
A PORTION OF BURT STREET
OUT OF THE
DAVID BROWN SURVEY,ABSTRACT 5
JEFFERSON COUNTY,TEXAS
MAY 13, 2008
TRACT 4-DEANNEX
That certain 0.1076 acre tract out of the David Brown Survey, Abstract 5, Jefferson County,
Texas, being a portion of Burt Street, said 0.1076 acre tract being more particularly described
by metes and bounds as follows:
Note:The Basis of Bearings is along south right-of-way line of Van Buren Avenue between
Holly and Grove Streets, having been called North 89059'00" East in Clerk's File No. 9842565 of
the Official Public Records of Jefferson County, Texas.
BEGINNING at a %" iron pipe found in the south right-of-way line of Burt Street for the
southwest comer of a called 0.5911 acre tract.being a portion of Burt Street abandoned in
Ordinance Number 03-083 as described in Clerks File No. 2005008148 of the Official Public
Records of Jefferson County, Texas and the northeast comer of Lot 14, Block 4 of Oakwood
Addition, a plat recorded in Volume 4, Page 67 of the Map Records of Jefferson County, Texas
• and the said 0.1076 acre tract;
THENCE South 89°48'13"West along the north line of said Lot 14, the said south right-of-way
line of Burt Street and the south line of the said 0.1076 acre tract a distance of 89.28 feet to a
point for the southwest corner of the said 0.1076 acre tract;
THENCE North 21009'45" East along the west line of the said 0.1076 acre tract a distance of
64.96 feet to a point in the north right-of-way line of Burt Street for the southwest comer of Lot
20, Block2 of Hillside Addition, a plat recorded in Volume 4, Page 182 of the Map Records of
Jefferson County, Texas and the northwest comer of the said 0.1076 acre tract;
THENCE North 89 058'15" East along the south line of said Block 2, the said north right-of-way
line of Burt Street and the north line of the said 0.1076 acre tract a distance of 65.87 feet to a
point for the northwest comer of the said 0.5911 acre tract and the northeast corner of the said
0.1076 acre tract;
THENCE South 00 002'19"West along the-west line of the said 0.5911 acre tract and the east
line of the said 0.1076 acre tract a distance of 60.31 feet to the POINT OF BEGINNING and
containing 0.1076 acres (4,686.89 sq. ft.) of land, more or less.
Fittz&Shipman,Ina
Page 1 of 1
02166.Tr4Dx
EXHIBIT "D"
FIELD NOTE DESCRIPTION
OF A 1.577 ACRE TRACT
FOR THE DEANNEXATION OF
TAGORE STREET,AND A PORTION OF
GROVE STREET AND BURT STREET
OUT OF THE
DAVID BROWN SURVEY,ABSTRACT 5
JEFFERSON COUNTY,TEXAS
MAY 13, 2008
TRACT 5-DEANNEX
That certain 1.577 acre tract out of the David Brown Survey, Abstract 5, Jefferson County,
Texas, being Tagore Street and a portion of Grove Street and Burt.Street, being out of and a
part of Oakwood Addition, a plat recorded in Volume 4 Page 67, of the Map Records of
Jefferson County, Texas and Hillside Addition, a plat recorded in Volume 4, Page 182 of the
Map Records of Jefferson County, Texas, said 1.577.acre tract being more particularly
described by metes and bounds as follows:
Note: The Basis of Bearings is along south right-of-way line of Van Buren Avenue between
Holly and Grove Streets, having been called North 89°59'00" East in Clerk's File No. 9842565 of
the Official Public Records of Jefferson County, Texas.
• BEGINNING at a point in the north right-of-way line of Tagore Street for the southwest corner of
Lot 1, Block 1 of said Hillside Addition and the most westerly northwest corner of the said 1.577
acre tract;
THENCE North 89 058'15" East along the south line.of said Block 1.and the said north right-of-
way line of Tagore Street and the said 1.577 acre tract a distance of 774.85 feet to a point at the
intersection of the said north right-of-way line of Tagore Street and the west right-of-way line of
Grove Street for the southeast corner of Tract 5 described in an instrument conveyed to
ExxonMobil Oil Corporation as recorded in Clerks File No. 2006019380 of the Official Public
Records of Jefferson County, Texas and an interior corner of the said 1.577 acre tract;
THENCE North 01 002'00"West along the said west right-of-way line of Grove Street,the east
line of said Tract 5 and Tract 6 of said Clerks File No. 2006019380 and an interior line of the
said 1.577 acre tract a distance of 104.56 feet to a W iron rod found for the northeast corner of
said Tract 6 and the most northerly northwest comer of the said 1.577 acre tract;
THENCE North 89 020'00" East along the most northerly north line of the said 1.577 acre tract a
distance of 60.00 feet to a point in the east right-of-way line of Grove Street for the northeast
corner of the said 1.577 acre tract;
THENCE South 00 012'15" East along the said east right-of-way line of Grove Street a distance
of 383.73 feet to a point at the intersection of the said east right-of-way line of Grove Street and
the south right-of-way line of Burt Street for the southeast corner of the said 1.577 acre tract;
• Fittz&Shipman,Ina
Page 1 of 2
02166.Tr5Dx
EXHIBIT "E"
•
THENCE North 89°58'08"West along the south line of the said 1.577 acre tract, at a distance of
58.30 feet pass a %2" iron pipe found in the said west right-of-way line of Grove Street for the
northeast corner of Lot 9, Block 5 of said Oakwood Addition, and continuing a total distance of
338.28 feet to a point for the southeast corner of a called 0.5911 acre tract being a portion of
Burt Street abandoned in Ordinance Number 03-083 as described in Clerks File No.
2005008148 of the Official Public Records of Jefferson County and the most southerly
southwest comer of the said 1.577 acre tract;
THENCE North 00°01'45"West along the east line of the said 0.5911 acre tract and an interior
line of the said 1.577 acre tract a distance of 59.77 feet to a point in the south line of Tracts 3&
4 described in said Clerks File No. 2006019380 and the north right-of-way line of Burt Street for
an exterior comer of the said 1.577 acre tract;
THENCE North 89°58'15" East along the said south_ line of said Tracts 3 &4 and the said north
right-of-way line of Burt Street a distance of 279.37 feet to a 1" angle iron found at the
intersection of the said north right-of-way line of Burt Street and the said west right-of-way line
of Grove Street for the southeast corner of said Tracts 3 &4 and an interior comer of the said
1.577 acre tract;
THENCE North 00°02'39" East along the east line of said Tracts 3&4 and Tract 7 of the said
Clerks File No. 2006019380 tract being the said west right-of-way line of Grove Street a
distance of 180.40 feet to a 5/8" iron rod found at the intersection of the said west right-of-way
line of Grove Street and the said south right-of-way line of Tagore Street for the northeast
corner of said Tract 7 and an interior corner of the said 1.577 acre tract;
THENCE South 89 058'15"West along.the said south right-of-way line of Tagore Street and an
interior line of the said 1.577 acre tract a distance of 775.60 feet to a %Z' iron pipe found for the
northwest corner of Lot 1, Block 2 of said Hillside Addition for the most westerly southwest
corner of the said 1.577 acre tract;
THENCE North 00 005'58" East along the most westerly line of the said 1.577 acre tract a
distance of 38.00 feet to POINT OF BEGINNING and containing 1.577 acres (68,677.77 sq. ft.)
of land, more or less.
• Fittz&Shipman,Ina
Page 2 of 2
02166.Tr5Dx
•
FIELD NOTE DESCRIPTION
FOR A 1.348 ACRE TRACT
FOR DEANNEXATION
OUT OF THE
DAVID BROWN SURVEY,ABSTRACT 5
JEFFERSON COUNTY, TEXAS
MAY 13, 2008
TRACT 6-DEANNEX
That certain 1.348 acre tract out of the David Brown Survey, Abstract 5, Jefferson County,
Texas, being Tracts 1, 2, 3, 4 and 7 conveyed to ExxonMobil Oil Corporation as recorded in
Clerks File No. 2006019380 of the Official Public Records of Jefferson County, Texas, said
1,348 acre tract being more particularly described by metes and bounds as follows:
Note: The Basis of Bearings is along south right-of-way line of Van Buren Avenue between
Holly and Grove Streets, having been called North 89 059'00" East in Clerk's File No. 9842565 of
the Official Public Records of Jefferson County, Texas.
BEGINNING at a 5/8" iron rod found at the intersection of the west right-of-way line of Grove
Street and the south right-of-way line of Tagore Street for the northeast comer of said Tract 7
and the said 1.348 acre tract;
STHENCE South 00 002'39"West along the said west right-of-way line of Grove Street and the
east line of said Tracts 7, 3 &4 and the said 1.348 acre tract a distance of 180.40 feet to a 1"
angle iron found at the intersection of the said west right-of-way line of Grove Street and the
north right-of-way line of Burt Street for the southeast comer of said Tracts 3 and 4 and the said
1.348 acre tract;
THENCE South 89 058'15"West along the said north right-of-way line of Burt Street and the
south line of said Tracts 3, 4 and 1 and the said 1.348 acre tract a distance of 325.37 feet to a
point for the southwest corner of said Tract 1 and the said 1.348 acre tract;
THENCE North 00 001'45"West along the west line of said Tracts 1 and 2 and the said 1.348
acre tract a distance of 180.40 feet to a point in the said south right-of-way line of Tagore Street
for the northwest corner of said Tract 2 and the said 1.348 acre tract;
THENCE North 89 058'15" East along the said south right-of-way line of Tagore Street and the
north line of said Tracts 2 and 7 and the said 1.348 acre tract a distance of 325.60 feet to the
POINT OF BEGINNING and containing 1.348 acres (58,717.63 sq. ft.) of land, more or less.
• Fittz&Shipman,Ina
Page 1 of 1
02166.Tr6Dx
EXHIBIT "F"
FIELD NOTE DESCRIPTION
FOR A 0.1776 ACRE TRACT
FOR DEANNEXATION
OUT OF THE
DAVID BROWN SURVEY,ABSTRACT 5
JEFFERSON COUNTY, TEXAS
MAY 1, 2008
TRACT 7-DEANNEX
That certain.0.1776 acre tract out of the David Brown Survey, Abstract 5, Jefferson County,
Texas, being Tracts 5 and 6 conveyed to ExxonMobil Oil Corporation as recorded in Clerks File
No. 2006019380 of the Official Public Records of Jefferson County, Texas, said 0.1776 acre
tract being more particularly described by metes and bounds as follows:
Note: The Basis of Bearings is along south right-of-way line of Van Buren Avenue between
Holly and Grove Streets, having been called North 89 059'00" East in Clerk's File No. 9842565 of
the Official Public Records of Jefferson County, Texas.
BEGINNING at a 3/4" iron rod found in the west right-of-way line of Grove Street for the
northeast corner of said Tract 6 and the said 0.1776 acre tract;
THENCE South 01°02'00" East along the said west right-of-way line of Grove Street and the
east line of said Tracts 6 and 5 and the said 0.1776 acre tract a distance of 104.56 feet to a
point at the intersection of the said west right-of-way line of Grove Street and,the north right-of-
way line of Tagore Street for the southeast comer of said Tract 5 and the said 0.1776 acre tract;
THENCE South 89°58'15"West along the said north right-of-way line of Tagore Street and the
south line of said Tract 5 and the said 0.1776 acre tract a distance of 75.45 feet to a point for
the southwest corner of said Tract 5 and the said 0.1776 acre tract;
THENCE North 00 012'59" East along the west line of said Tracts 5 and 5 and the said 0.1776
acre tract a distance of 103.73 feet to a point for the northwest comer of said Tract 6 and the
said 0.1776 acre tract;
THENCE North 89 020'18" East along the north line of said Tract 6 and the said 0.1776 acre
tract a distance of 73.17 feet to the POINT OF BEGINNING and containing 0.1776 acres
(7,738.40 sq..ft.) of land, more or less.
• Fittz&Shipman,Inc
Page 1 of 1
02166.Tr7Dx
EXHIBIT "G"
FIELD NOTE DESCRIPTION
FOR A 1.087 ACRE TRACT
FOR THE DEANNEXATION OF A
PORTION OF GRANT STREET
OUT OF THE
DAVID BROWN SURVEY,ABSTRACT 5
JEFFERSON COUNTY, TEXAS
MAY 15, 2008
TRACT 8-DEANNEX
That certain 1.087 acre tract out of the David Brown Survey, Abstract 5, Jefferson County,
Texas, being the portion of Grant Street between Carroll Street and Grove Street said 1.087
acre tract being more particularly described by metes and bounds as follows:
Note: The Basis of Bearings is along south right-of-way line of Van Buren Avenue between
Holly and Grove Streets, having been called North 89 059'00" East in Clerk's File No. 9842565 of
the Official Public Records of Jefferson County, Texas.
BEGINNING at a 3/4" iron rod found at the intersection of the east right-of-way line of Carroll
Street and the south right-of-way line of Grant Street for the northwest corner of a called 8.979
acre tract conveyed to Exxon Mobil Corporation as recorded in Clerks File No. 2000041620 of
• the Official Public Records of Jefferson County, Texas and the southwest comer of the said
1.087 acre tract;
THENCE North 19°02'08 West along the west line of the said 1.087 acre tract a distance of
57.55 feet to a %Z" iron rod found at the intersection of the said east right-of-way line of Carroll
Street and the north right-of-way line of Grant Street for the southwest comer of a tract
conveyed to the Port of Beaumont Navigation District as recorded in Volume 789, Page 361 of
the Deed Records of Jefferson County, Texas and the northwest corner of the said 1.087 acre
tract;
THENCE North 89°03'18" East along the south line of the said Port of Beaumont tract, the said
north right-of-way line of Grant Street and the north line of the said 1.087 acre tract a distance of
860.54 feet to a Pk Nail found for an interior comer of the said Port of Beaumont tract and the
northeast corner of the said 1.087 acre tract;
THENCE South 01 006'46"West along an interior line of the said Port of Beaumont tract and the
east line of the said 1.087 acre tract a distance of 57.17 feet to a Pk Nail found at the
intersection of the east right-of-way line of Grove Street and the said south right-of-way line,of
Grant Street for an exterior corner of the said Port of Beaumont tract,.the northwest comer of a
called 4.261 acre tract conveyed to Magnolia Petroleum Company as recorded in Volume 732,
Page 475 of the Deed Records of Jefferson County, Texas and the southeast corner of the said
1.087 acre tract;
THENCE South 89 040'12"West along the south line of the said 1.087 acre tract a distance of
60.08 feet to a %" iron rod found at the intersection of the west right-of-way line of Grove Street
• Fittz&Shipman,Inc
Page 1 of 2
02166Tr8Dx „
EXHIBIT H
t
and the said south right-of-way line of Grant Street for the northeast corner of the said 8.979
acre tract and an angle point of the said 1.087 acre tract;
THENCE South 89°11'11"West along the north line of the said 8.979 acre tract, continuing the
said south right-of-way line of Grant Street and the said south line of the 1.087 acre tract a
distance of 780.54 feet to the POINT OF BEGINNING and containing 1.087 acres (47,354.93
sq. ft.) of land, more or less.
•
• Fittz&Shipman,Inc.
Page 2 of 2
02166Tr8Dx
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NOW OR FORMERLY
MAGNOLIA PETROLEUM COMPANY
1�.x•�n°uia�.as oa.�0r°
• 0 100 0
A L
FIttZ�Shipman TRACTS T O B E ]D j_Z X E D SHEET NO.
INC.PROJECT NAME: EXXON-MOBIL OIL CORPORATION
EN�RKt9 JEFFERSON COUNTY
1405 CORNERSTONE COURT.BEAUMONT.TEXAS TEXAS EXHIBIT "I" PROJECT NO.
(409)832-7238 FAX(409)832-7303 DATE:5/15/08 02156.0001
ii 9
July 29,2008
Consider a request to abandon portions of Fulton Avenue, Burt Street, Tagore Street, Grove
Street, Grant Street, Buford Street, Jamison Street and the alley in Block 4, Oakwood
Subdivision
•
•
• RICH WITH OPPORTUNITY
[IEAUMON*
T • E I- x • A • S City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
Gsv
PREPARED BY: Chris Boone,Community Development Director
MEETING DATE: July 29, 2008
REQUESTED ACTION: Council consider a request to abandon portions of Fulton
Avenue.,Burt Street,Tagore Street, Grove Street,Grant
Street, Buford Street,Jamison Street and the alley in Block
4, Oakwood Subdivision.
• RECOMMENDATION
The Administration recommends approval of the request subject to the following conditions:
• Retain the abandoned rights-of-way as drainage and utility easements for drainage
facilities within the rights-of-way.
• More water meters, as required.
• Any work or maintenance in these areas needs to be under the safety guidelines or
procedures of the City of Beaumont.
BACKGROUND
ExxonMobil and the Port of Beaumont have applied for the abandonments.
With the exception of those above,all other properties have been purchased and/or obtained by
ExxonMobil Corporation or the Port of Beaumont.
Chris Fisher,Executive Director of the Port of Beaumont,states that the Port is especially interested
in abandoning Buford Street,east of Carroll,and Jamison Street. The Port is facing increased
challenges to provide the level of stxurity expected by its Port Commission,its business customers
and government agencies. Due to the critical nature of cargo handled at the Port,efforts have been
undertaken in the last five years to enhance Port security measures. The Port owns property on
each side of Buford Street to its termination at the ExxonMobil refinery. This portion of Buford is
used almost exclusively by Port customers and ExxonMobil. Mr. Fisher says that the closure of
Buford would also enhance business operations inside the Port by allowing rail traffic to cross
Buford freely at the Port Grain Elevator.
Mr.Fisher further states that the Port has been unable to determine if Jamison Street is a city street.
It is not listed in the street index. The Port has been previously advised that this request was not
dedicated to the City but may have been maintained by Jefferson County. Therefore,the Port will
all also request of the County an abandonment of that street.
i
This item was sent to all interested parties. The City of Beaumont Engineering Department
recommends approval subject to the retention of drainage easements. In addition,any work or
maintenance in these areas needs to be under the safety guidelines or procedures of the City of
Beaumont. A 7'x 8'drainage box runs diagonally across Sycamore,Holly,Doucette and Grove.
A 4'x T drainage box runs within the Grant St.and Grove St.right-of-way. A 102"C.M.P.runs
parallel to the eastern corporate limits of the City of Beaumont,to the Neches River.All above
ground drainage and road maintenance will belong to either the Port of Beaumont or ExxonMobil.
The Water Utilities Department has water lines for which some utility easements will need to be
retained. In other instances,water meters will need to be moved. Entergy also requests that utility
easements be retained.
At a Regular Meeting held June 16,2008,the Planning Commission recommended approval
5:0:2 to abandon portions of Fulton Avenue,Burt Street, Tagore Street, Grove Street, Grant
Street,Buford Street,Jamison Street and the alley in Block 4, Oakwood Subdivision.subject to
the following conditions:
• Retain the abandoned rights-of-way as drainage and utility easements for drainage
facilities within the rights-of-way.
• More water meters,as required.
• Any work or maintenance in these areas needs to be under the safety guidelines or
procedures of the City of Beaumont.
BUDGETARYIMPACT
None.
•
ORDINANCE NO.
ENTITLED AN ORDINANCE ABANDONING PORTIONS OF
FULTON AVENUE, BURT STREET, TAGORE STREET,
GROVE STREET, GRANT STREET, BUFORD STREET,
JAMISON STREET AND THE ALLEY IN BLOCK 4,
OAKWOOD SUBDIVISION, IN THE CITY OF BEAUMONT,
JEFFERSON COUNTY, TEXAS.
BE IT ORDAINED BY THE CITY OF BEAUMONT:
THAT portions of Fulton Avenue, Burt Street, Tagore Street, Grove Street, Grant Street,
Buford Street, Jamison Street and the alley in Block4, Oakwood Subdivision, as described
in Exhibits"A"through "G" and shown on Exhibit"H" attached hereto, be and the same are
hereby vacated and abandoned subject to the following conditions:
• Retain the abandoned rights-of-way as drainage and utility easements for
• drainage facilities within the rights-of-way.
• More water meters, as required.
• Anywork or maintenance in these areas needs to be underthe safety guidelines
or procedures of the City of Beaumont.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 29th day of July,
2008.
- Mayor Becky Ames -
FIELD NOTE DESCRIPTION
FOR A 0.2090 ACRE TRACT
FOR THE ABANDONMENT OF A
PORTION OF FULTON AVENUE
OUT OF THE
DAVID BROWN SURVEY,ABSTRACT 5
JEFFERSON COUNTY, TEXAS
MAY 13, 2008
TRACT 1-ABANDON
That certain 0.2090 acre tract out of the David Brown Survey, Abstract 5, Jefferson County,
Texas, being a portion of,Fulton Avenue out of Oakwood Addition, a plat recorded in Volume 4
Page 67, of the Map Records of Jefferson County, Texas, said 0.2090 acre tract being more
particularly described by metes-and bounds as follows:
Note: The Basis of Bearings is along south right-of-way line of Van Buren Avenue between
Holly and Grove Streets,:having been called North 89 0,59'00" East in Clerk's File No. 9842565 of
the Official Public Records of Jefferson County, Texas.
BEGINNING at a%" iron pipe found at the intersection of the east right-of-way line of Sycamore
Street with the north right-of-way line of Fulton Avenue for the southwest corner of Lot 16, Block
16 of said Oakwood Addition and the northwest corner of the said 0.2090 acre tract;
• THENCE North 89°52'11"East along the said north right-of-way line of Fulton Avenue and the
said 0.2090 acre tract being the south line of the said Block 16 a distance of 151.31 feet to a
point for the northwest comer of a called 0.0690 acre tract being a portion of Fulton Avenue
abandoned in Ordinance Number 03-083 as described in Clerks File No. 2005008148 of the
Official Public Records of Jefferson County, Texas,.the southwest comer of Lot 13, Block 16 of
said Oakwood Addition and the northeast corner of the said 0.2090 acre tract;
THENCE South 00°13'11" East along the west line of the said 0.0690 acre tract and the east
line of the said 0.2090 acre tract a distance of 60.12 feet to a point in the south right-of-way line
of Fulton Avenue for the northwest comer of Lot 4, Block 23 of said Oakwood Addition, the
southwest corner of the said 0.0690 acre tract and the southeast comer of the said 0.2090 acre
tract;
THENCE South 89°52'11'West along the said south right-of-way line of Fulton Avenue and the
said 0.2090 acre tract being the north line of said Block 23 a distance of 151.52 feet to a point in
the said east right-of-way line of Sycamore Street for the northwest comer of Lot 1 of said Block
23 and the southwest corner of the said 0.2090 acre tract;
i
THENCE North 00°01'25"West along the said east right-of-way,line of Sycamore Street and the
west line of the said 0.2090 acre tract a distance of 60.12 feet to the POINT OF BEGINNING
and containing 0.2090 acres (9,102.59 sq. ft.) of land, more or less.
• Fittz&Shipman,Ina
Page 1 of 1
02166Tr1Ab
EXHIBIT "A"
FIELD NOTE DESCRIPTION
FOR A 0.1076 ACRE TRACT
FOR THE ABANDONMENT OF
A PORTION OF BURT STREET
OUT OF THE
DAVID BROWN SURVEY,ABSTRACT 5
JEFFERSON COUNTY, TEXAS
MAY 13, 2008
TRACT 3-ABANDON
That certain 0.1076 acre tract situated in the David Brown Survey, Abstract 5, Jefferson County,
Texas, being a portion of Burt Street, said 0.1076 acre tract being more particularly described
by metes and bounds as follows:
Note: The Basis of Bearings is along south right-of-way line of Van Buren Avenue between
Holly and Grove Streets, having been called North 89059'00" East in Clerk's File No: 9842565 of
the Official Public Records of Jefferson County, Texas.
BEGINNING at a W iron pipe found in the south right-of-way line of Burt Street for the
southwest comer of a called 0.5911 acre tract being a portion of Burt Street abandoned in
Ordinance Number 03-083 as described in Clerks File No:2005008148 of the Official Public
Records of Jefferson County, Texas and the northeast comer of Lot 14, Block 4 of Oakwood
Addition, a plat recorded in Volume 4, Page 67 of the Map Records of Jefferson County, Texas
• and the said 0.1076 acre tract;
THENCE South 89°48'13"West along the north line of said Lot 14, the said south right-of-way
tine of Burt Street and the south line of the said 0.1076 acre tract a distance of 89.28 feet to a
point for the southwest corner of the said 0.1076 acre tract;
THENCE North 21 909'45" East along'the west line of the said 0.1076 acre tract a distance of
64.96 feet to a point in the north right-of-way line of Burt Street for the southwest corner of Lot
20, Block 2 of Hillside Addition, a plat recorded in Volume,4, Page 182 of the Map Records of
Jefferson County, Texas and the northwest corner of the said 0.1076 acre tract;
THENCE North 89°58'15" East along the south line of said Block 2, the said north right-of-way
line of Burt Street and the north line of the said 0.1076 acre tract a distance of 65.87 feet to a
point for the northwest comer of the said 0.5911 acre tract and the northeast corner of the said
0.1076 acre tract;
THENCE South 00 00219"West along the west line of the said 0.5911 acre tract and the east
line of the said 0.1076 acre tract a distance of 60.31 feet to the POINT OF BEGINNING and
containing 0.1076 acres (4,686.89 sq. ft.) of land, more or less.
Fittz&Shipman,Ina
Page 1 of 1
02166.Tr3Ab
I
EXHIBIT "B"
FIELD NOTE DESCRIPTION
OF A 1.577 ACRE TRACT
FOR THE ABANDONMENT OF
TAGORE STREET,AND A PORTION OF
GROVE STREET AND BURT STREET
OUT OF THE
DAVID BROWN SURVEY, ABSTRACT 5
JEFFERSON COUNTY, TEXAS
MAY 13, 2008,
TRACT 4-ABANDON
That certain 1.577 acre tract out of the David Brown Survey, Abstract 5, Jefferson County,
Texas, being Tagore Street and a portion of Grove Street and Burt Street, being out of and a
part of Oakwood Addition, a plat recorded in Volume 4 Page 67, of the Map Records of
Jefferson County, Texas and Hillside Addition,.a plat recorded in Volume 4, Page 182 of the
Map Records of Jefferson County, Texas, said 1.577 acre tract being more particularly
described by metes and bounds as follows:
Note: The Basis of Bearings is along south right-of=way line of Van Buren.Avenue between
Holly and Grove Streets, having been called North 89 059'00" East in Clerk's File No. 9842565 of
the Official Public Records of Jefferson County, Texas.
• BEGINNING at a point in the north right-of-way line of Tagore Street for the southwest corner of
Lot I, Block 1 of said Hillside Addition and the most westerly northwest corner of the said 1.577
acre tract;
THENCE North 89 058'15" East along the south line of said Block 1 and the said north right-of-
way line of Tagore Street and the said 1.577 acre tract a distance of 774.85 feet to a point at the
intersection of the said north right-of-way line of Tagore Street and the west right-of-way line of
Grove Street for the southeast corner of Tract 5 described in an instrument conveyed.to
ExxonMobil Oil Corporation as recorded in Clerks File No. 2006019380 of the Official Public
Records of Jefferson County, Texas and an interior corner of the said 1.577 acre tract;
THENCE North 01 002'00"West along the said west right-of-way line of Grove Street, the east
line of said Tract 5 and Tract 6 of said Clerks File No. 2006019380 and an interior line of the
said 1.577.acre tract a distance of 104.56 feet.to.a W iron rod found for the northeast corner of
said Tract 6 and the most northerly northwest comer of the said 1.577 acre tract;
THENCE North 89°20'00" East along the most northerly north line of the said 1.577 acre tract a
distance of 60.00 feet to a point in the east right-of-way line of Grove Street for the northeast
corner of the said 1.577 acre tract;
THENCE South 00 012'15" East along the said east right-of-way line of Grove Street a distance
of 38373 feet to a point at the intersection of the said east right-of-way line of Grove Street and
the south right-of-way line of Burt Street for the southeast corner of the said 1.577 acre tract;
FWz&Shipman,Inc
Page 1 of 2
02166.Tr4Ab
EXHIBIT "C"
•
THENCE North 89°58'08"West along the south line of the said 1.577 acre tract,at a distance of
58.30 feet pass a %2" iron pipe found in the said west right-of-way line of Grove Street for the
northeast corner of Lot 9, Block 5 of said Oakwood Addition, and continuing a total distance of
338.28 feet to a point for the southeast comer of a called 0.5911 acre tract being a portion of
Burt Street abandoned in Ordinance Number 03-083 as described in Clarks File No.
2005008148 of the Official Public Records of Jefferson County and the most southerly
southwest corner of the said 1.577 acre tract;
THENCE North 00°01'45"West along the east line of the said 0.5911 acre tract and an interior
line of the said 1.577 acre tract a distance of 59.76 feet to a point in the south line of Tracts 3 &
4 described in said Clerks File No. 2006019380 and the north right-of-way line of Burt Street for
an exterior comer of the said 1.577 acre tract;
THENCE North 89 058'15" East along the said south line of said Tracts 3 &4 and the said north
right-of-way line of Burt Street a distance of 279.60 feet to a 1" angle iron.found at the
intersection of the said north right-of-way line of Burt Street and the said west right-of-way line
of Grove Street for the southeast corner of said Tracts 3 &4 and an interior comer of the said
1.577 acre tract;
THENCE North 00 002'39" East along the east line of said Tracts 3 &4 and Tract 7 of the said
Clerks File No. 2006019380 tract being the said west right-of-way line of Grove Street a
• distance of 180.40 feet to a 5/8" iron rod found at the intersection of the said west right-of-way
line of Grove Street and the said south right-of-way line of Tagore Street for the northeast
corner of said Tract 7 and an interior comer of the said 1.577 acre tract;
THENCE South 89°58'15"West along the said south right-of-way line of Tagore Street and an
interior line of the said 1.577 acre tract a distance of 775.60 feet to a YO iron pipe found for the
northwest corner of Lot.1, Block 2 of said Hillside Addition for the most westerly southwest
corner of-the said 1.577 acre tract;
THENCE North 00°05'58" East along the most westerly line of the said 1.577 acre tract a
distance of 38.00 feet to POINT OF BEGINNING and containing 1.577 acres (68,677:77 sq. ft.)
of land, more or less.
• Fittz&Shipman,Inc
Page 2 of 2
02166.Tr4Ab
FIELD NOTE DESCRIPTION
FOR A 1.087 ACRE TRACT
FOR THE ABANDONMENT OF A
PORTION OF GRANT STREET
OUT OF THE
DAVID BROWN SURVEY, ABSTRACT 5
JEFFERSON COUNTY, TEXAS
MAY 15,2008
TRACT 5-ABANDON
That certain 1.087 acre tract out of the David Brown Survey, Abstract 5, Jefferson County,
Texas, being the portion of Grant Street between Carroll Street and Grove Street said 1.087
acre tract being more particularly described by metes and bounds as follows:
Note: The Basis of Bearings is along south right-of-way line of Van Buren Avenue between
Holly and Grove Streets, having been called North 89 059'00" East in Clerk's File No. 9842565 of
the Official Public Records of Jefferson County, Texas.
BEGINNING at a W iron rod found at the intersection of the east right-of-way line of Carroll
Street and the south right-of-way line of Grant Street for the northwest corner of a called 8:979
acre tract conveyed to Exxon Mobil Corporation as recorded in Clerks File No. 2000041620 of
• the Official Public Records of Jefferson County, Texas and the southwest comer of the said
1.087 acre tract;
THENCE North 19°02'08 West along the west line of the said 1.087 acre tract a distance of
57.55 feet to a W iron rod found at the intersection of the said east right-of-way line of Carroll
Street and the north right-of-way line of Grant Street for the southwest comer of a tract
conveyed to the Port of Beaumont Navigation District as recorded in Volume 789, Page 361 of
the Deed Records of Jefferson County, Texas and the northwest corner of the said 1.087 acre
tract;
THENCE North 89 003'18" East along the south line of the said Port of Beaumont tract, the said
north right-of-way line of Grant Street and the north line of the said 1.087 acre tract a distance of
860.54 feet to a Pk Nail found for an interior comer of the said Port of Beaumont tract and the
northeast corner of the said 1.087 acre tract;
THENCE South 01 006'46"West along an interior line of the said Port of Beaumont tract and the
east line of the said 1.087 acre tract a distance of 57.17 feet to a Pk Nail found at the
intersection of the east right-of-way line of Grove Street and the said south right-of-way line of
Grant Street for an_exterior corner of the said Port of Beaumont tract, the northwest corner of a
called 4.261 acre tract conveyed to Magnolia Petroleum Company as recorded in Volume 732,
Page 475 of the Deed Records of Jefferson County, Texas and the southeast comer of the said
1.087 acre tract;
THENCE South 89 040'12"West along the south line of the said 1.087 acre tract a distance of
60.08 feet to a %" iron rod found at the intersection of the west right-of-way line of Grove Street
• Fittz&Shipman,Inc.
Page 1 of 2
02166Tr5Ab
EXHIBIT "D"
and the said south right-of-way line of Grant Street for the northeast corner of the said 8.979
acre tract and an angle point of the said 1.087 acre tract;
THENCE South 89°11'11"West along the north line of the said 8.979 acre tract, continuing the
said south right-of-way line of Grant Street and the said south line of the 1.087 acre tract a
distance of 780.54 feet to the POINT OF BEGINNING and containing 1.087 acres (47,354.93
sq. ft.) of land, more or less.
•
Fittz&Shipman,Ina.
Page 2 of 2
02166Tr5Ab
•
FIELD NOTE DESCRIPTION
FOR A 1.519 ACRE TRACT
FOR THE ABANDONMENT OF A
PORTION OF BUFORD STREET
OUT OF THE
DAVID BROWN SURVEY,ABSTRACT 5
JEFFERSON COUNTY, TEXAS
MAY 15, 2005
TRACT 6-ABANDON
That certain 1.519 acre tract out of the David Brown Survey,Abstract 5, Jefferson County,
Texas, being a portion of Buford Street, said 1.519 acres being more particularly described by
metes and bounds as follows:
Note: All Bearings and Distances are referenced to Texas Coordinate System, NAD83, South
Central Zone#4204.
BEGINNING at a W iron rod found in the south right-of-way line of Buford Street for the east
comer of a tract conveyed to the City of Beaumont as recorded in Volume 2213, Page 432 of
the Deed Records of Jefferson County, Texas and the southwest comer of the said 1.519 acre
tract from which a '/" iron rod found in the east right-of-way line of Carroll Street for the south
corner of the said City of Beaumont tract bears South 41049'58"West 63.55 feet (called South
• 45 000'00"West 63.64 feet);
THENCE North 02°36'03" West along the west line of the said 1.519 acre tract a distance of
60.00 feet to a point in the north right-of-way line of Buford Street for the northwest comer of the
said 1.519 acre tract;
THENCE North 86°51'47' East along the said north right-of-way line of Buford Street and the
north line of the said.1.519 acre tract a distance of 1.103.17 feet to a concrete monument found
in
- the west line of a Mobil Oil Corporation 158.34 acre tract(Fee 177) for the northeast comer of
the said 1.519 acre tract;
THENCE South 04 010'56" East along the said west line of the 158.34 acre tract and the east
line of the said 1.519 acre tract a distance of 59.57 feet to a %Z" iron rod found in the said south
right-of-way line of Buford Street for the southeast corner of the said 1.519 acre tract;
THENCE South 86 047'01"West along the said south right-of-way line of Buford Street and the
south line of the said 1.519 acre tract a distance of 317.60 feet to an angle point;
THENCE South 86°51'47"West continuing along the said south right-of-way line of Buford
Street and the said south line of the 1.519 acre tract a distance of 786.94 feet to the POINT OF
BEGINNING and containing 1.519 acres (66,168.96 sq. ft.) of land, more or less.
FITTZ&SHIPMAN,INC.
Page 1 of 1
Project No. 02166Tr6Ab
EXHIBIT "E"
• JAMISON STREET
TRACT 7 -ABANDON
Being a 30'x 975' street right-of-way,beginning at the north right-of-way line of Buford Street,
then heading in northwestly direction for a distance of 975'to the top of the south bank of the
Neches River channel, City of Beaumont,Jefferson County,Texas, containing 0.67 acres,more
or less.
•
EXHIBIT "F"
i
•
FIELD NOTE DESCRIPTION
FOR A 0.0230 ACRE TRACT
FOR THE ABANDONMENT OF A
PORTION OF AN ALLEY
OUT OF THE
DAVID BROWN SURVEY,ABSTRACT 5
JEFFERSON COUNTY, TEXAS
MAY 13, 2008
TRACT 2-ABANDON
That certain 0.0230 acre tract out of the David Brown Survey, Abstract 5, Jefferson County,
Texas, being a portion of an alley out of Block 4 of Oakwood Addition, a plat recorded in Volume
4 Page 67, of the Map Records of Jefferson County, Texas, said 0.0230 acre tract being more
particularly described by metes and bounds as follows:
Note: The Basis of Bearings is along south right-of-way line of Van Buren Avenue between
Holly and Grove Streets, having been called North 89 059'00" East in Clerk's File No. 9842565 of
the Official Public Records of Jefferson County, Texas.
BEGINNING at a point ifor the southwest corner of Lot 14 of said Block 4 and the northwest
comer of the said 0.0230 acre tract;
THENCE North 89 049'36" East along the south line of said Lot 14 and the north line of the said
alley and the said 0.0230 acre tract a distance of 52.31 feet to a W iron rod found for the
southeast comer of said Lot 14 and the northeast corner of the said 0.0230 acre tract;
THENCE South 00°02'19"West along the east line of the said 0.0230 acre tract a distance of
19.22 feet to a point in the south line of said alley for the northeast comer of Lot 3 of said Block
4 and the southeast comer of the said 0.0230 acre tract;
THENCE North 89 059'42"West along the north line of said Lot 3 and the said alley being the
south line of the said 0.0230 acre tract a distance of 52.31 feet to a point for the northwest
corner of said Lot 3 and the southwest corner of the said 0.0230 acre tract;
THENCE North 00 002'19" East along the west line of the said 0.0230 acre tract a distance of
19.06 feet to POINT OF BEGINNING and containing 0.0230 acres (1001.29 sq. ft.) of land,
more or less.
• Fittz&Shipman,Ina
Page 1 of 1
02166Tt2Ab
EXHIBIT "G"
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1403 CORNERSTONE COURT,BEAUMONT.TEXAS TEXAS PROJECT NO.
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10
July 29, 2008
Consider amending the boundaries of Neighborhood Empowerment Zone Number Two
RICH WITH OPPORTUNITY
[IEAUMONT
T • E • X • A • s City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Chris Boone, Community Development Director
MEETING DATE: July 29, 2008
REQUESTED ACTION: Council consider amending the boundaries of
Neighborhood Empowerment Zone Number Two.
RECOMMENDATION
Administration recommends amending the boundaries of Neighborhood Empowerment Zone
• Number Two,
BACKGROUND
In an effort to encourage economic development in areas of the city with higher concentrations
of low to moderate income families and limited redevelopment,Neighborhood Empowerment
Zones were recently created within the city. These zones offer incentives to attract
redevelopment to these areas. Combined with the focused use of CDBG dollars within these
zones, these economic incentives should leverage additional private investment within these
areas. Proposed is an amendment to Neighborhood Empowerment Zone Number Two to include
an area of undeveloped land along Washington Boulevard.
Attached is a map of the proposed zone.
BUDGETARYIMPACT
Revenues from waived fees and liens and abated ad-valorem taxes would be forgone, but the
long-term economic impact associated with new development should positively affect future
budgets.
•
• Boundary Description for Ward IV
Neighborhood Empowerment
Zone 2
STARTING from a Point of Beginning(POB)at the intersection of the centerline of the BNSF railroad right-
of-way and the centerline of Washington Boulevard and going in a northeasterly direction along said railroad
right-of-way until reaching the centerline of drainage canal 116 belonging to Drainage District Six;hence
turning and extending easterly along the centerline of said drainage canal 116 r.o.w.until reaching the western
right-of-way line of 71 Street;hence northeasterly across 71 Street to a point on the east right-of-way line
of 71 Street at the northern right-of-way line of Terrell Ave.;hence easterly along said right-of-way line of
Terrell Ave. to 41 Street and continuing on the same course until reaching the eastern right-of-way line of
San Jacinto Street;hence south along said eastern right-of-way line of San Jacinto Street to the northern right-
of-way line of Rockwell Street;hence easterly along said northern right-of-way line of Rockwell Street until
reaching the eastern right-of-way line of Golaid Street;hence south along the eastern right-of-way line of
Golaid Street until reaching the south right-of-way line of Euclid Street;hence westerly along the south right-
of-way line of Euclid Street until reaching the eastern right-of-way line of 4'Street;hence south along said
eastern right-of-way line of 4l Street until reaching the northern right-of-way line of Cardinal Drive(U.S.69)
and finally the centerline of Cardinal Drive; hence westerly along the centerline of Cardinal Drive until
reaching the centerline of the BNSF railroad rights-of-way and then turning and extending in a northeasterly
direction along said centerline of the BNSF railroad rights-of-way until reaching the northern right-of-way
• line of U.S. 69 (Cardinal Drive)and then westward along said right-of-way line of U.S. 69 until over the
centerline of drainage canal 110 belonging to Drainage District Six; hence northward and then eastward
following said centerline of drainage canal 110 until reaching the west right-of-way line of South 111 Street;
hence southward along said right-of-way line of South 11'Street until reaching the south right-of-way line
of Wesport Drive and then southwesterly along said right-of-way line of Wesport Drive until reaching the
north --ight-of-way line of Washington Blvd. hence continuing o<i ine same heading until reaching the
centerline of Washington Blvd.and then eastward along the centerline of Washington Blvd.until reaching the
cm,- rline of the BNSF railroad right-of-way or the Point of B,-,,inning(POB).
•
ORDINANCE NO.
•
ENTITLED AN ORDINANCE AMENDING ORDINANCE NO.
08-015 TO REVISE THE BOUNDARIES OF
NEIGHBORHOOD EMPOWERMENT ZONE#2 TO INCLUDE
AN AREA OF UNDEVELOPED LAND ALONG WASHINGTON
BOULEVARD.
WHEREAS, by Ordinance No. 08-015 passed on February 12, 2008, the City
Council of the City of Beaumont designated Neighborhood Empowerment Zones #1 and
#2; and
WHEREAS, it is the desire of the City Council to amend the boundaries of
Neighborhood Empowerment Zone #2 to include an area of undeveloped land along
Washington Boulevard as described in Exhibit "A" and shown on Exhibit "B" attached
hereto;
NOW, THEREFORE, BE IT ORDAINED BY
THE CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT Ordinance 08-015 be and the same is hereby amended to revise the boundaries of
Neighborhood Empowerment Zone #2 to include an area of undeveloped land along
Washington Boulevard as described in Exhibit "A" and shown on Exhibit "B" attached
hereto.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 29th day of July,
2008.
- Mayor Becky Ames -
•
• Boundary Description for Ward IV
Neighborhood Empowerment
Zone 2
STARTING from a Point of Beginning(POB)at the intersection of the centerline of the BNSF railroad right-
of-way and the centerline of Washington Boulevard and going in a northeasterly direction along said railroad
right-of-way until reaching the centerline of drainage canal 116 belonging to Drainage District Six;hence
turning and extending easterly along the centerline of said drainage canal 116 r.o.w.until reaching the western
right-of-way line of 71 Street;hence northeasterly across 7&Street to a point on the east right-of-way line
of 71 Street at the northern right-of-way line of Terrell Ave.;hence easterly along said right-of-way line of
Terrell Ave.to 41 Street and continuing on the same course until reaching the eastern right-of-way line of
San Jacinto Street;hence south along said eastern right-of-way line of San Jacinto Street to the northern right-
of-way line of Rockwell Street;hence easterly along said northern right-of-way line of Rockwell Street until
reaching the eastern right-of-way line of Golaid Street;hence south along the eastern right-of-way line of
Golaid Street until reaching the south right-of-way line ofEuclid Street;hence westerly along the south right-
of-way line of Euclid Street until reaching the eastern right-of-way line of 41 Street;hence south along said
eastern right-of-way line of4'h Street until reaching the northern right-of-way line of Cardinal Drive(U.S.69)
and finally the centerline of Cardinal Drive; hence westerly along the centerline of Cardinal Drive until
reaching the centerline of the BNSF railroad rights-of-way and then turning and extending in a northeasterly
direction along said centerline of the BNSF railroad rights-of-way until reaching the northern right-of-way
• line of U.S. 69 (Cardinal Drive) and then westward along said right-of-way line of U.S. 69 until over the
centerline of drainage canal 110 belonging to Drainage District Six; hence northward and then eastward
following said centerline of drainage canal 110 until reaching the west right-of-way line of South 111 Street;
hence southward along said right-of-way line of South 11'h Street until reaching the south right-of-way line
of Wesport Drive and then southwesterly along said right-of-way line of Wesport Drive until reaching the
north right-of-way line of Washington Blvd. hence continuing on the same heading until reaching the
centerline of Washington Blvd.and then eastward along the centerline of Washington Blvd.until reaching the
centerline of the BNSF railroad right-of-way or the Point of Beginning(POB).
•
EXHIBIT `A'
� 11
July 29, 2008
Consider approving a contract for improvements to Alice Keith Park
•
RICH WITH OPPORTUNITY
1
T • E • x • A • S City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
411A
PREPARED BY: Tom Warner, Director of Public Works
MEETING DATE: July 29, 2008
REQUESTED ACTION: Council consider the award of a bid for Improvements to
Alice Keith Park.
RECOMMENDATION
Administration recommends the award of a bid to G& G Enterprises of Orange, Texas in the
amount of$1,302,690.
. BACKGROUND
Bids were received on Thursday, July 10, 2008 for improvements to Alice Keith Park. These
improvements include a community center, landscaping, restroom facility, playground, a parking
lot with area lighting and a police substation.
The improvements were designed by The Labiche Architectural Group of Beaumont. In keeping
with the architectural integrity of the existing brick building located on Highland Avenue and the
City's commitment to preserve existing structures, the new community center was designed to
compliment the existing building's architecture. A pergola will connect the building to the
community center through the breeze way. The community center's rear entrance includes a large
patio area opening onto the park grounds. Elements such as the type and color of the brick and
trim will closely match the existing structure.
A new parking lot will be constructed with access from Highland Avenue, preserving the park's
original flagpole. The existing public restroom building will be converted to a neighborhood
police substation.
A new playground and restroom facility will be constructed on the north side of the community
center also fronting Highland Avenue. Sidewalks from the community center parking lot will be
constructed for access to the playground. The playground equipment will be purchased separately
and is not included in this contract.
. Alternate No. 1 includes the restoration of the original Alice Keith Pool entrance that was
retained after the above ground pool was demolished. The renovation of the entrance includes
cleaning and painting the structure, adding a concrete plaza and landscaping.
Improvements to Alice Keith Park
July 16, 2008
Page 2
It is recommended that the Base Bid and Alternate Bid#1 be accepted. Amenities provided at
Alice Keith Park include tennis courts, a covered basketball court, and a community swimming
pool.
The bids received are as follow:
CONTRACTOR BASE BID ALT. NO. 1
G & G Enterprises $1,298,000 $4,690
Orange, TX
N & T Construction Co., Inc. $1,320,000 $12,500
Beaumont, TX
Cleveco Construction Co. $1,337,500 $23,000
Lumberton, TX
• Goss Building, Inc. $1,372,700 $18,040
Beaumont, TX
McInnis Construction $1,545,600 $15,000
Silsbee, TX
Brammer Construction, Inc. $1,609,900 $28,925
Nederland, TX
Meridian Commercial, L.P. $1,774,000 $19,000
Houston, TX
G & G Enterprises is the low bidder for the project including Alternate No. 1. The base bid and
Alternate No. 1 total $1,302,690. G& G plans to subcontract 13% of the contract to certified
MBE's and State certified HUB vendors. Scheduled completion time is 210 days.
The existing community center on the corner of Reed Street and Lavaca will remain in service
until the new community center is completed. Upon completion, the City will proceed with the
demolition of the structure.
A site plan and pictures are attached for your review.
BUDGETARY IMPACT
• Funds for this project are budgeted in the Capital Program.
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• RESOLUTION NO.
WHEREAS, bids were solicited for a contract for Improvements to Alice Keith Park;
and,
WHEREAS, G & G Enterprises of Orange, Texas, submitted a bid in the amount of
$1,302,690; and,
WHEREAS, City Council is of the opinion that the bid submitted by G & G
Enterprises of Orange, Texas, should be accepted;
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the bid in the amount of $1,302,690 submitted by G & G Enterprises of Orange,
Texas, for a contract for Improvements to Alice Keith Park be accepted by the City of
iBeaumont.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 29th day of July,
2008.
- Mayor Becky Ames -
•
12
July 29, 2008
Consider approving a contract for sidewalk and lighting improvements in the downtown block
bounded by Park, Fannin, Neches and Bowie Streets
. RICH WITH OPPORTUNITY
11CM ► T ( City Council Agenda Item
T • E • X • A • S
I
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Tom Warner, Director of Public Works
MEETING DATE: July 29, 2008
REQUESTED ACTION: Council consider a resolution authorizing the award of a
contract for Brick Paved Sidewalks in the downtown block
bounded by Park Street, Fannin Street, Neches Street and
Bowie Street to Norman Highway Constructors, Inc., in the
amount of$568,047.02.
• RECOMMENDATION
Administration recommends awarding the contract to Norman Highway Constructors, Inc. in the
amount of$568,047.02.
BACKGROUND
On July 10, 2008, the City of Beaumont received two (2)bids for the Downtown Brick Paved
Sidewalks Construction Project. The lowest bid was submitted by Norman Highway Constructors,
Inc. in the amount of$568,047.02. The estimated cost of the project prior to receipt of bid was
$480,000.00. A bid tabulation is attached.
Contractor Bid Amount
Brystar Contracting $678,872.75
Norman Highway Constructors, Inc. $568,047.02
The MBE goal will be met though subcontracting with MBE firms of Crabtree Barricade Systems,
American Remediation and Labellco in the amount of$114,000.00 representing 20.0%ofthe contract
amount.
BUDGETARY IMPACT
Funds are available through the Capital Program.
•
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N
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CITY OF BEALIMONT
cs
IL SCHEDULE OF M ME PARTICi PATI ON
(SCHEDULE C)
Date of Report l S Zo o
Department
Pwject No.
f ( tacatian �tev� 59
V O�C�✓l�l4 11t1}rx4 rr -���� Pament CBmplete -c> `
l t� s�r•� r S f k+'tom Total OsntmaAmoent
Name of AiTne orl er
TWE OF W3JW-j0X-GI qft, A�ftNQ, TIC.) ' F,C {J
z J+IAbII�OF MUMMY AND CO NgR1�GTi I VIR S T'HEMMWF t3pMWMCEM T$ �1
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+ A)t4z,
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7
The tMdersignad%li enter wo aforraal agreementwlth MBE Coniraclors for work listed In ti's schedule conditioned
,� uport exeautlor.of a coniradl whit the City of Bea�uraont.
T
NOTE 1. Any busil<eas bated above must have Schedule A on file iMth the cty.
2• Schedule Cis to be included with bid,and resubmitted at 609 and 10"45 of proleat completion
Signature
ao
PW47Fong8dMCM03-95 Titis f C� -afesldQw
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33
Section 0210
BID TAB • •
construction of: BLOCK 59 SIDEWALKS
NORMAN HIGHWAY BRYSTAR
For The City d Beaumont,Texas
Est
No = All, Description (,.= Unit Unit Price Toth Unit Price Toth-
104 001 REMOVE CONCRETE CURB&GUTTER COMBINED 1295.0 LF $10.00 $12,950.00 $25.00 $32,375.00
104 002 REMOVING CONCRETE(SIDEWALK&W.C.RAMPS)(4') 1311.0 SY $20.00 $26,220.00 $15.00 $19,665.00
104 003 REMOVING CONCRETE(DRIVEWAYS)(6")
116 SY $20.00 $2,320.00 $20.00 $2,320.00
104 004 REMOVE WASHED(EXPOSED)ROCK CONCRETE 85.0 SY $20.00 $1,700.00 $15.00 $1,275.00
110 001 EXCAVATION(CURB&GUTTER COMBINED)(12-) 231 CY $25.00 $5,775.00 $20.00 $4,620.00
110 002 EXCAVATION(DRIVEWAYS)(10') 31.0 CY $50.00 $1,550.00 $25.00 $775.00
110 003 EXCAVATION(SIDEWALK&W.C.RAMPS)(8") 291.0 CY $24.00 $6,984.00 $20.00 $5,820.00
247 001 FLEX BASE(TVA)(GR1)(CL5)(DC)(DEL)(8")(SIDEWALK&W.C.RAMPS) 1311.0 SY $22.00 $28,842.00 $30.00 $39,330.00
247 002 FLEX BASE(TYA)(GR1)(CI-5)(DC)(DEL)(12-)(CONC.CURB&GUTTER) 692.0 SY $32.00 $22,144.00 $35.00 $24,220.00
276 001 CEM TRT BASE(CL.L)(TY A)(GR 3)(DRIVEWAYS)(FINAL POS)(10") 110.0 SY $50.00 $5,500.00 $55.00 $6,050.00
292 001 ASB(GR.1)(PG 64)(6")(FOR CURB&GUTTER) 92.0 TON $170.00 $15,640.00 $170.00 $15,640.00
292 002 ASB(GR.1)(PG 64)(6-)(FOR PIPE) 5.7 TON $300.00 $1,710.00 $170.00 $969.00
360 001 WASHED(EXPOSED)ROCK CONCRETE(4") 85.0 SY $60.00 $5,100.00 $80.00 $6,800.00
400 001 STRUCTURAL EXCAVATION(PIPE)
32.0 CY $40.00 $1,280.00 $20.00 $640.00
400 002 CEMENT STABALIZED BACKFILL(FOR PIPE) 28.0 CY $60.00 $1,680.00 $40.00 $1,120.00
402 001 TRENCH EXCAVATION PROTECTION
70 LF $10.00 1$700.00 $5.00 $350.00
464 001 RCP(18")
35 LF $120.00 $4,200.00 $180.00 $6,300.00
464 002 RCP(24")
15 LF $260.00 $3,900.00 $240.00 $3,600.00
465 001 CURB INLET TY.C(COMPLETE)
41 EA $5,000.00 $20,000.00 $3,300.00 $13,200.00
465 002 MAN HOLE TY.M(COMPLETE)
2 EA $5,200.00 $10,400.00 $9,000.00 $18,000.00
465 003 INLET EXTENSION TY.E
2 EA $2,300.00 $4,600.00 $800.00 $1,600.00
479 001 ADJUST STRUCTURE(WATER VALVE)
10 EA $900.00 $9,000.00 $350.00 $3,500.00
479 002 ADJUST STRUCTURE(WATER METER)
2 EA $900.00 1$1,800.00 $350.00 $700.00
479 003 ADJUST STRUCTURE(CONC.PANEL)
2 EA $900.00 $1,800.00 1$900.00 $1,800.00
479 004 ADJUST STRUCTURE(STEEL PLATE)
5 EA $900.00 $4,500.00 $900.00 $4,500.00
IBID SUBTOTAL-THIS PAGE $200,295.00 $215,169.00
page 1
Section 0210
BID TAB • •
0or construction of: BLOCK 59 SIDEWALKS
NORMAN HIGHWAY BRYSTAR
For The Cky 9 Beaumont,Tems
"N't Code Alt DesctiptanEsUrtate
t** LIM Price Total Unit Price Total
496 001 REMOVE OLD STRUCTURE(PARKING METER) 7 EA $200.00 $1,400.00 $60.00 $420.00
496 002 REMOVE OLD STRUCTURE(INLET)
3 EA $500.00 $1,500.00 $1,000.00 $3,000.00
496 003 REMOVE OLD STRUCTURE(PIPE)
13 EA $20.00 $260.00 $15.00 $195.00
500 001 MOBILIZATION
1 LS 1$16,000.00 $16,000.00 $50,000.00 $50.000.00
502 001 BARRICADES,SIGNS,AND TRAFFIC HANDLING
6 MON $1,100.00 $8,800.00 $1,000.00 $6,000.00
529 001 CONC.CURB&GUTTER COMB.(CL A) 1099.0 LF $30.00 $32,970.00 $45.00 $49,455.00
529 002 LAY DOWN CURB&GUTTER(DRIVEWAYS) 140.0 LF $25.00 $3,500.00 $45.00 $6,300.00
529 003 REINF CONC.RESTRAINT BLOCK(6-X9-)(CL A)(SIDEWALK) 1343.0 LF 1$13.00 $17,459.00 $25.00 $33,575.00
529 004 REINF CONC.RESTRAINT BLOCK(6"X12-)(CL A)(DRIVEWAYS) 132.0 LF $15.00 $1,980.00 $50.00 $6,600.00
610 001 REMOVE ILLUMINATION ASSEM. 3 EA $350.00 1$1,050.00 $500.00 $1,500.00
610 002 12'FIBERGLASS LAMP POLE COMPLETE(INC.ELEC.WIRINGS)(SINGLE FIXTURES) 17 EA $3,500.00 $59,500.00 $3,000.00 $51,000.00
618 001 2"PVC SCHD 40 CONDUIT(INCL.CEM STAB.SAND BKFL) 1040.0 LF $14.00 $14,560.00 $12.00 $12,480.00
624 001 GROUND BOX TY.E
5.0 LF $550.00 $2,750.00 $1,000.00 $5,000.00
624 002 GROUND BOX TY.E(CLEANOUT)
8.0 LF $550.00 $4,400.00 $800.00 $6,400.00
636 001 ALUMINUM SIGNS(FOR TRAF.SIG.ASSEM.)
2.0 LF $800.00 $1,600.00 $130.00 $260.00
644 001 REMOVE ROAD SIDE SIGN ASSEMBLY
5 EA $100.00 $500.00 $60.00 $300.00
644 002 INSTALL ROAD SIDE SIGN ASSEMBLY
5 EA $600.00 $3,000.00 $550.00 $2,750.00
656 001 12'FIBERGLASS LAMP POLE FOUNDATION(COMPLETE) 171 LS $850.00 $14,450.00 $800.00 $13,600.00
656 002 TRAFFIC SIGNAL FOUNDATION
2 EA $1,700.00 $3,400.00 $3,800.00 $7,600.00
666 001 4"TY II(W)(SLD)
56.0 LF 1$6.33 $354.48 $6.00 $336.00
666 002 TY II(R)(CURB)
18.0 LF $7.48 $134.64 $7.00 $126.00
666 003 TY II(Y)(CURB)
180.0 LF $7.48 $1,348.40 $7.00 $1,260.00
682 001 TRAFFIC SIGNAL HEADS
4 EA $2,400.00 $9,600.00 $1,500.00 $6,000.00
682 002 PEDESTRIAN SIGNAL HEADS
4 EA $1,800.00 $7,200.00 $1,200.00 $4,800.00
686 001 TRAFFIC SIGNAL POLE ASSEM
2 EA $25,000.00 $50,000.00 $16,500.00 $33,000.00
BID SUBTOTAL-THIS PAGE $255,514.52 $301,957.00
PAGE
Section 0210
BID T� .
4por construction of: BLOCK 59 SIDEWALKS
NORMAN HIGHWAY BRYSTAR
For The City if Beaumont,Texas
Rem Item
No. Code Alt Description Estimate Quantity Unit Unit Price Total Unit Price Total
690 001 REMOVE TRAFFIC SIGNAL POLE ASSEM
2 EA $1,500.00 $3,000.00 $1,000.00 $2,000.00
9000 001 BRICK PAVERS(INCL.SAND FILLERS&BEDDING) (SIDEWALK) 10753.0 SF $6.50 $69,894.50 $6.75 $72,582.75
9000 002 BRICK PAVERS(INCL.SAND FILLERS&BEDDING)(W.C.RAMPS) 224.0 SF $8.00 $1,792.00 $13.50 $3,024.00
9000 003 BRICK PAVERS(INCL.SAND FILLERS&BEDDING) (DRIVEWAYS) 1054.0 SF $6.50 $6,851.00 $10.00 $10,540.00
9005 001 TREE GRATE
14 EA $1,200.00 $16,800.00 $4,500.00 $63,000.00
9035 001 LED STREET SIGNS
2 EA $3,500.00 $7,000.00 $4,800.00 $9,600.00
9045 001 RADAR VEHICLE SENSING DEVICE
1 EA $6,900.00 $6,900.00 $1,000.00 1$1,000.00
BID SUBTOTAL-THIS PAGE $112,237.50 $161,746.75
BID TOTAL- $568,047.02 $678,872.75
PAGE 3
• RESOLUTION NO.
WHEREAS, bids were solicited for a contract for the Brick Paved Sidewalks Project
for the downtown block bounded by Park Street, Fannin Street, Neches Street and Bowie
Street; and,
WHEREAS, Norman Highway Constructors, Inc., submitted a bid in the amount of
$568,047.02; and,
WHEREAS, City Council is ofthe opinion that the bid submitted by Norman Highway
Constructors, Inc., should be accepted;
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the bid in the amount of$568,047.02 submitted by Norman Highway Constructors,
• Inc. for the above referenced Brick Paved Sidewalks Project be accepted by the City of
Beaumont.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 29th day of July,
2008.
- Mayor Becky Ames -
! 13
July 29,2008
Consider approving Change Order No. I for the Rolfe Christopher Pavement Improvement
Project
RICH WITH OPPORTUNITY
City Council Agenda Item
T • E • R • A • S
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Tom Warner, Director of Public Works
MEETING DATE: July 29, 2008
REQUESTED ACTION: Council consider a resolution approving Change Order No.
1 for the Rolfe Christopher Pavement Improvement Project.
RECOMMENDATION
The Administration recommends approval of Change Order No. tin the amount of$195,277.93
M which is required to add an outfall structure and increase water and waste water system
improvements to the Project.
BACKGROUND
On December 11, 2007, City Council awarded Allco, LTD the contract for the Project in the
amount of$5,495,820.65.
Change Order No. 1 is required to add a storm sewer ouftall structure, fire hydrants, new water
mains, gate valves and fittings, sanitary sewer manholes and also increase quantities for water and
waste water mains improvement to the contract. This change order in the amount of$195,277.93
will increase the contract amount to $5,691,098.58. A copy of the change order is attached.
BUDGETARY IMPACT
Funds are available in the Capital Program.
' • RChriAophwC0#1
07/16/2008
CITY OF BEAUMONT
0 '
DATE: 07 July 2008
PROJECT: Rolfe Christopher Pavement Improvement Project
OWNER: City of Beaumont
CONTRACTOR: ALLCO INC.
CHANGE ORDER NO.: 01
Add Construction Items and/or quantities to the Contract:
Item Item
Description Original New Unit
No. Code p Unit Amount
Quantity Quantity Price
432 002 OUTFALLSTRUCTURE LS 0 1 $15,715.00 $15,715.00
WATER UTLITIES
712 002 NEW FIBERGLASS MANHOLE(SANITARY SEWER) EA 0 2 $3,000.00 $6,000.0
808 002 FIRE HYDRANT ASSEMBLY(REMOVE&REPLACE) EA 0 5 $4,400. $22,000.0
810 009 2"WATER LINES(HDPE) LF 0 57 $12.6 $718.20
810 012 8"WATERMAINS PVC(C-900) LF 2611 4165 $37.00 $57,498.
810 014 6"WATERMAINS PVC(C-900) LF 0 35 $30.8 $1,078.00
810 015 8"X 45 DEG.MJ BEND EA 0 22 $315.0 $6,930.0
810 016 12"X 45 DEG.MJ BEND EA 0 2 $520.0 $1,040.0
810 017 8"X 90 DEG.MJ BEND EA 0 1 $325.0 $325.0
810 018 8"X 8"MJ TEE EA 0 5 $450. $2,250.0
810 019 12"X 8"MJ CROSS $785.0 $785.00
EA 0 1
811 002 8"RESILIENT WEDGE GATE VALVES EA 1 1 $1,675.0 $45,225.0
4020 001 6"SEWER MAINS(HDPE) LF 622 1321 $41.75 $29,183.25
4020 007 10"SEWER MAINS(HDPE) LF 0 10 $46.00 $460.0
020 010 12"SAN SEWER,SDR 26(8 FT DEEP)(FLORIDA) LF 0 108 $55.56 $6,000.48
020 011 6"X 45 DEG.BEND(SAN.SEWER) EA 0 2 $35.00 $70.00
ADD TOTAL AMOUNT $195,277.93
ORIGINAL CON'T'RACT AMOUNT: $5,495,820.65
NET FROM PREVIOUS CHANGE ORDERS: $0.00
TOTAL AMOUNT OF THIS CHANGE ORDER: $195,277.93
PERCENT OF THIS CHANGE ORDER: 3.55%
TOTAL PERCENT CHANGE ORDER TO DATE: 3.55%
NEW CONTRACT AMOUNT: $5,691,098.58
ACCEPTED BY:
CONTRACTOR
APPROVED BY:
JORIS P.COLBERT,CITY
PATRICK DONART,
ENGINEER WATER UTILITIES ENGINEER
TOM WARNER,DIRECTOR OF KYLE HAYES,CITY MANAGER
PUBLIC WORKS
ATTESTED BY:
• TINA BROUSSARD,CITY CLERK
RESOLUTION NO.
WHEREAS, on December 11, 2007, the City Council of the City of Beaumont,
Texas, passed Resolution No. 07-402 awarding a contract in the amount of$5,495,820.65
to ALLCO, LTD for the Rolfe Christopher Pavement Improvement Project(Spur 380-East
Virginia Street, to Hwy 69 S Feeder Road); and,
WHEREAS, Change Order No. 1 in the amount of$195,277.93 thereby increasing
the contract amount to $5,691,098.58 is required to add and increase water and waste
water system improvements.
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
in the amount of$195,277.93 thereby increasing the contract amount to$5,691,098.58 for
the Rolfe Christopher Pavement Improvement Project (Spur 380-East Virginia Street, to
Hwy 69 S Feeder Road).
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 29th day of July,
2008.
- Mayor Becky Ames -
i
• 14
July 29, 2008
Consider approving the purchase of a pavilion for use at the C.A. "Pete" Shelton Memorial Plaza
•
• RICH WITH OPPORTUNITY
BE AUMON*
T • E ,• X • A • S City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Tom Warner, Director of Public Works
MEETING DATE: July 29, 2008
REQUESTED ACTION: Council consider the purchase of a Bandstand Pavilion.
RECOMMENDATION
Administration recommends the purchase and installation of a 30 ft. x 40 ft. Bandstand Pavilion at
the C. A. "Pete" Shelton Memorial Plaza from Kraftsman Playground&Park Equipment of
Spring, Texas through the BuyBoard contract in the amount of$122,323.85.
• BACKGROUND
The purchase of the pavilion will be made through the Texas Association of School Boards
(TASB)BuyBoard cooperative purchasing program. The Texas Local Government Purchasing
Cooperative, administered by TASB, complies with all State bidding statutes. Membership with
BuyBoard allows municipalities to purchase items from their contracted vendors.
Kraftsman Playground&Park Equipment of Spring, Texas is a BuyBoard contracted vendor that
will furnish and install a 30 ft. x 40 ft. steel pavilion with a 4 ft perimeter concrete sidewalk and
connecting walkway. The pavilion includes decorative hand railing with access from the front and
back on the 40 ft. sides. The pavilion will be constructed to meet all current windstorm codes.
Delivery of the pavilion will be in approximately ten(10)weeks after receipt of order.
BUDGETARY IMPACT
The Capital Reserve Fund and the Hotel Occupancy Tax Fund will each provide $50,000 for this
project. The Fire Museum of Texas will provide the balance in the amount of$22,323.85.
•
• RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF BEAUMONT:
THAT the City Council hereby approves the purchase and installation of a 30' x 40'
bandstand pavilion at the C.A. "Pete" Shelton Memorial Plaza from Kraftsman Playground
& Park Equipment of Spring, Texas, in the amount of $122,323.85 through the Texas
Association of School Boards (TASB) BuyBoard cooperative purchasing program.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 29th day of July,
2008.
• - Mayor Becky Ames -
1
• 15
July 29,2008
Consider approving a new solid waste collection and transportation service franchise
•
RICH WITH OPPORTUNITY
1
T • E • x • A • s City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Laura Clark, Chief Financial Officer
MEETING DATE: July 29, 2008
REQUESTED ACTION: Council consider granting a new solid waste collection and
transportation service franchise.
RECOMMENDATION
Administration recommends granting a solid waste collection and transportation service franchise
to Mr. Garbage, LLC.
• BACKGROUND
According to City Ordinance 28-22.1, no person shall engage in the business of collecting, hauling
or transporting, in the city, any garbage, waste or refuse, without first having obtained a franchise
from the City. Four(4) entities currently have nonexclusive franchise agreements with the City
and are doing business in this area. Mr. Garbage, LLC has requested that the City Council grant
the company such franchise agreement. Mr. Garbage is locally owned and operated with its
corporate office located at 4745 Fannett Road in Beaumont.
The requested franchise is generally the same as those previously approved by City Council. It
provides for a term of one year from its effective date and a franchise fee of seven percent(7 0/0)of
gross revenues received for service. It also requires the entity to indemnify the City of Beaumont
and provide insurance which names the City of Beaumont as a named insured.
According to City Charter, franchise ordinances require readings at three(3) separate Council
meetings, with the third not less than thirty(30)days from the first reading. The ordinance does
not take effect until sixty(60) days after its adoption on the third and final reading. After passage,
the ordinance must be published for four(4) consecutive weeks in a newspaper of general
circulation in the city. All publication costs are paid by franchisee. Attached, is a copy of the
franchise agreement for your review.
The first reading of this item took place at the June 24, 2008 council meeting.
BUDGETARYIMPACT
A franchise fee of seven percent(7%)of gross receipts is paid into the General Fund.
ENTITLED AN ORDINANCE GRANTING A
FRANCHISE FOR SOLID WASTE
COLLECTION AND TRANSPORTATION
SERVICES TO MR . GARBAGE , LLC
ORDINANCE NO. 08-
WHEREAS, Mr. Garbage, LLC, (the "Company") has requested a franchise to operate a
solid waste collection and transportation service within the City of Beaumont, Texas (the "City");
and,
WHEREAS, the City desires to grant such franchise;
NOW, THEREFORE, BE IT ORDAINED BY THE
CITY OF BEAUMONT:
Section 1.
Grant of Authority
• There is hereby granted by the City to Mr. Garbage, LLC, the right and privilege to operate
and maintain within the City a solid waste collection and transportation service(the"service"). For
purposes of this franchise, the term "solid waste collection and transportation service"shall mean
the regular business of collection, hauling or transporting any garbage, rubbish, waste or refuse
from locations in the City, and the disposal of such material in accordance with law. The franchise
granted herein is nonexclusive, and franchises may be granted to other persons for service.
Section 2.
Term of Franchise
The franchise herein granted shall take effect and be in force sixty(60)days after the final
passage hereof as required by law and upon the filing by the Company of an acceptance with the
City Clerk, and shall continue in force and effect until one (1) year thereafter. The acceptance
required hereunder must be in writing and filed with the City Clerk within thirty (30)days after final
•
- 1 -
passage hereof. Upon the expiration of the term hereof, this franchise shall continue on a month-
to-month basis until terminated by either party or extended or replaced.
Section 3.
Rates
The Company shall establish rates for service which are uniform as to customer class based
upon such criteria as type of waste, container size,frequency of collection, and distance of travel.
The Company shall file its initial rates for service with its acceptance as required herein. Such rates
shall, unless modified by the City, be effective with the effective date of this franchise. Any
modifications in rates by the Company shall first be filed with the City Clerk and City Attorney and
shall be effective thirty (30) days after such filing unless modified by City as provided herein.
Nothing herein shall prevent the Company from charging uniform rates which are less than the rates
filed with the City. The City shall have the right to establish rates charged by Company for services
• performed hereunder, after notice and hearing. Rates established by the City shall be sufficient to
allow the Company an opportunity to earn a reasonable return on its invested capital used in
providing such services.
Section 4.
Franchise Fee
The Company shall pay to the City, on or before the fifteenth (15th) day of each month, a
sum equal to SEVEN PERCENT (7%) of the gross revenues received for service in the previous
month as payment for the use of the City's streets, alleys and rights-of-way. The payments herein
provided do not relieve Company from the payment of ad valorem taxes, special assessments,
charges, or other fees applicable to the public generally. City shall have the right, at any
reasonable time, to audit the books and records of the Company and the Company is hereby
required to make such books and records available at the request of City. Upon written
acceptance,the Company shall furnish to the City a listing of customers served,including customer
- 2 -
name,address,frequency of pick-up,size of container or type of service and charge for same. The
following reports shall be filed monthly with the City Manager or his designee along with the street
rental payment required herein:
1. Upon written request and within thirty (30) days of receipt, the
Company shall furnish to the City adequate reconciliation of reported
revenues which would include: a listing of names and addresses of
all customers served,frequency of pick-up, size of container or type
of service and charge for same, and date service was initiated and
discontinued.
Section 5.
Indemnity, Insurance and Bond
The Company shall at all times during the effective period of this franchise, carry
liability insurance as provided herein. The Company covenants and agrees at all times to
indemnify and save harmless the City, its officers, agents, employees, and any member of
the public against any and all injuries, damages, claims, causes of action or loss of
compensation arising or resulting from Company's operations under this franchise,whether
or not such loss was caused by the negligence of the City, its agents, servants or
employees. Upon notice given Company by City,Company must defend at its own expense,
any action or suit brought against the City because of any work or other acts done by the
Company under the terms of this franchise. Counsel chosen by Company to defend City
must be satisfactory to City. Company will pay any final judgment which might be obtained
against City by reason of any work or acts done hereunder by Company,its agents,servants
or employees, and Company will pay all damages occurring to any person or property,
public or private, resulting from any fault or neglect on its part or on the part of its agents
- 3 -
or employees.
The Company agrees to carry insurance as follows:
1) Workers' Compensation
The Company shall furnish the City Clerk a certificate of insurance
indicating workers'compensation coverage as required by the State
of Texas.
2) Automobile Liability Insurance
The Company shall carry, in its own name, a policy in
comprehensive form to insure the automobile liability of its operation
with limits of not less than Five Hundred Thousand Dollars
($500,000.00) per occurrence for bodily injury and, in addition, not
less than One Hundred Thousand Dollars ($100,000.00) property
• damage. This policy shall name City as an additional insured and
provide for thirty (30) days notice to City prior to cancellation. A
certificate of insurance certifying such coverage shall be filed with
the City Clerk before the effective date of this franchise, and it shall
be maintained in force during the term of the franchise.
3) General Liability
The Company shall carry, in its own name,a comprehensive liability
insurance policy including contractual coverage for operations other
than automobile with limits of not less than Five Hundred Thousand
Dollars ($500,000.00) per occurrence for bodily injury, and One
Hundred Thousand Dollars($100,00.00)per occurrence for property
damage. The policy shall name the City as named insured and
provide for thirty (30) days notice to City prior to cancellation. A
certificate of insurance certifying such coverage shall be filed with
-4 -
the City Clerk before the effective date of this franchise and
maintained in force during the term of the franchise.
Section 6.
Compliance with Laws and Ordinances
The Company shall, at all times during the term of this franchise, be subject to all lawful
exercise of police power by the City and to such reasonable regulations as the City shall hereafter
by ordinance provide. In addition,the Company will observe all city,county,state,and federal laws
regulating the collection and disposal of solid waste.
Section 7.
Service Standard and Equipment
The Company shall maintain and operate its collection system and equipment in good order
to render efficient service subject to the terms of this franchise. All vehicles, containers, and
• equipment used for the collection and transportation of solid waste shall be constructed, operated
and maintained to prevent loss of liquid or solid waste material and to minimize health and safety
hazards to solid waste management personnel and the public. Such vehicles, containers, and
equipment used shall be maintained in a clean, sanitary condition and free from odors at all times.
All vehicles and equipment shall comply with federal, state, and local regulations. Collection
vehicles and all bulk, commercial, and roll-off type containers shall be painted and numbered and
shall have the Company's name and telephone number painted in letters of a contrasting color.
Such containers may not be placed on any street or right-of-way within the City. All collections shall
be made directly from the premises of the customer and any emptied containers returned directly
to such premises.
Section 8.
Providing Services
The Company shall provide service to any person, firm, corporation, association or entity
inside the City of Beaumont who requests such service and is not delinquent in the payment of
- 5 -
• collection charges due the Company.
Section 9.
Office
The Company shall establish and maintain an office with telephone service and shall keep
said office open for business from 9:00 A.M. to 5:00 P.M. each and every day except Saturday,
Sunday and holidays.
Section 10.
Interruption of Service
In the event that service shall be interrupted for any reason for more than forty-eight (48)
hours,the City shall have the right to make temporary independent arrangements for the purposes
of continuing this necessary service to its residents in order to provide or protect the public health
and safety. If the interruption in service mentioned herein continues for a period of seventy-two(72)
• hours, then the City shall have the right to terminate the rights and privileges granted in this
franchise.
Section 11.
Termination
In the event that any provision of this franchise is violated by the Company, the City may
serve written notice upon the Company of its intention to terminate this franchise. The notice shall
contain the reasons for such intention to terminate the franchise. Unless within ten (10)days after
mailing such notice by City to the Company, such violation shall cease, or satisfactorily
arrangements for correction be made by Company, the City Council may, after a public hearing in
which Company is provided an opportunity to present evidence concerning such violation,declare
the franchise terminated and serve written notice upon the Company of the termination and the
termination of the franchise shall be effective upon the mailing of such notice.
•
-6 -
• Section 12.
Transfer of Franchise Rights
Franchise rights granted hereunder shall not be transferred to another without the
approval of City. A single transfer or a series of transfers of Company's stock which constitute a
transfer of a majority interest in Company is subject to the prior approval of City.
Section 13.
Notices
Where written notices are provided for in this ordinance, same shall be sufficient to notify
Company when provided by certified mail to:
Mr. Garbage, LLC
4745 Fannett Road
Beaumont, Texas 77705
Notice to City is sufficient if mailed by certified mail to:
• City Manager
City of Beaumont
P.O. Box 3827
Beaumont, TX 77704
Section 14.
If any section, sentence, clause, paragraph or phrase of this ordinance, other than
Section 4, is for any reason held to be invalid or illegal, such invalidity shall not effect the
remaining portions of this ordinance. If Section 4 hereof is held to be invalid for any reason, the
ordinance shall be immediately invalid.
Section 15.
It is agreed by City and Company that venue of any legal proceedings under this
franchise agreement shall be in Jefferson County, Texas.
Section 16.
• Vehicle Permits
Twenty (20) days prior to the effective date of this franchise, the Company shall furnish
- 7 -
• to the City a list of all vehicles to be providing solid waste collection and disposal service under
this franchise. Such list shall include state license number, year, make, model and
manufacturer's rated capacity for each vehicle. Vehicles not having a valid City of Beaumont
landfill permit will not be allowed to operate under this agreement nor utilize the City refuse
disposal facility. If at any time a vehicle or equipment is found to be in noncompliance with
Section 7 of this franchise, the Company will be notified of its violation and said equipment or
vehicle shall be removed from service upon receipt of written notification.
Failure to comply with this provision or to falsify the information concerning the location
of the service of the vehicle shall be a material breach of this franchise. Should City decide not
to terminate this franchise because of any violation of this Section, Company's disposal fee at
City's landfill shall be doubled for all of Company's vehicles for a period of sixty (60) days.
PASSED BY THE CITY COUNCIL of the City of Beaumont on first reading this the
day of , 2008.
PASSED BY THE CITY COUNCIL of the City of Beaumont on second reading this the
day of , 2008.
PASSED BY THE CITY COUNCIL of the City of Beaumont on final reading this the
day of , 2008.
Mayor, City of Beaumont
Becky Ames
ACCEPTANCE:
Mr. Garbage, LLC
By'
Randy Skipper, Owner
- 8 -
• 16
July 29,2008
Consider authorizing the City Manager to execute an Industrial District Contract with
ExxonMobil Oil Corporation
RICH WITH OPPORTUNITY
BEA1
UMON*
T • r • x . . s City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Laura Clark, Chief Financial Officer
MEETING DATE: July 29, 2008
REQUESTED ACTION: Council consider authorizing the City Manager to execute
an Industrial District Contract with ExxonMobil Oil
Corporation.
RECOMMENDATION
• The Administration recommends approval of a resolution authorizing the City Manager to execute
an Industrial District Contract with ExxonMobil Oil Corporation.
BACKGROUND
Industrial District Contracts enable the City to collect payments in lieu of taxes from industries
located outside the city limits.
The City currently has a contract with ExxonMobil Oil Corporation that will expire December 31,
2008. The new contract with ExxonMobil will be effective January 1, 2009. The in-lieu of tax
payment will be based on a ratio of 77.5%of property taxes due to the City as if the industry were
located within the city limits in 2009, 77.5% of property taxes due to the City in 2010 and 2011
and 75% of property taxes due to the City in 2012 through 2015. The 2009 payment by
ExxonMobil will be based on 77.5% of the assessed value multiplied by the tax rate effective on
October 1, 2008 or$11,500,000, whichever is less. Payments will be due to the City by February
I'of each year.
A copy of the draft agreement is attached for your review.
BUDGETARY IMPACT
The FY 2009 budget is currently being prepared and the remaining industrial contracts are being
completed. Industrial payments received in FY 2008 amounted to $13,177,553 and are 13.2% of
General Fund revenues. ExxonMobil's total FY 2008 payment of$9,689,515 is 73% of the
• industrial revenue received in FY 2008.
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 Industrial District
Contract with ExxonMobil Oil Corporation effective January 1, 2009. The agreement is
substantially in the form attached hereto as Exhibit "A" and made a part hereof for all
purposes.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 29th day of July,
2008.
- Mayor Becky Ames -
DRAFT
THE STATE OF TEXAS §
COUNTY OF JEFFERSON §
AGREEMENT
This Agreement is made under the authority of Section 42.044 of the Texas Local
Government Code.
The parties to the Agreement are The City of Beaumont, a municipal corporation and a
home-rule city located in Jefferson County, Texas, hereinafter called "CITY," and ExxonMobil
Oil Corporation, its parent, subsidiaries and affiliates, including GE Capital/State Street Bank
and Trust, hereinafter called "COMPANY."
PREAMBLE
WHEREAS, Company owns land and improvements which are a part of the
• manufacturing, industrial, and refining facilities of said Company. The City has established an
industrial district comprising a certain part of the extra-territorial jurisdiction of the City, such
industrial district being known as the City of Beaumont Industrial District.
WHEREAS, the Company recognizes the benefits of this Agreement and an obligation to
contribute to the revenue needs of said City in an amount commensurate with the burdens placed
upon the City and benefits derived by the Company by reason of being located immediately
adjacent to said City.
WHEREAS, the Company and the City desire to base the industrial district payment on
assessed value to ensure equity among the companies.
In view of the above and foregoing reasons, and in consideration of the mutual
agreements herein contained, Company and City hereby agree as follows:
•
G:UnduwW Cot►tracu\2009TxxonMobi12009.doc j
EXHIBIT "A"
DRAFT
• ARTICLE I
COMPANY'S OBLIGATION
Annual Payment on Company's Property
1. Commencing with the calendar year 2009 and each calendar year thereafter for the
duration of this Contract, the Company will pay the City a certain sum which will be computed
on the assessed value of the Company's facilities and property, real, personal, and mixed located
on Company's land covered by this contract. (Herein "the properties").
2. By the term "Assessed Value" is meant the 100% valuation of the Company
properties, as determined by the Jefferson County Appraisal District for the previous tax year.
3. The term "assumed City taxes due" shall be calculated by the following formula:
Assumed City Taxes Due:
• Assessed Value/ 100 X Current City Tax Rate=Assumed City Tax Due
4. Payment Procedures
The procedures for determining and making such payments shall be as follows:
(a) The payment for 2009 shall be due and payable on or before February 1, 2009,
and calculated as follows:
Assumed City Taxes Due:
Assessed Value/ 100 X Current City Tax Rate=Assumed City Tax Due
Year 1 77.5%of Assumed City Taxes Due=Payment Due or
$11,500,000, whichever is less
•
GAIndustrial Contracts12009\ExxonMObil 2009.doc 2
DRAFT
Each October thereafter, the Chief Financial Officer shall obtain the most recent assessed values
as set by the Jefferson County Appraisal District for the Company's properties, real, personal and
mixed, having taxable situs within the areas described in this Agreement; for example, in
October, 2008, the 2008 assessed values shall be used for the February 1, 2009 payment. This
assessed value, less exclusions as described in Article 10, shall be used in the calculation of the
payment.
If the assessed values for the period required are in question and/or under litigation with
the Jefferson County Appraisal District, payment shall be computed on the most recent certified
values from the Jefferson County Appraisal District. The Company shall notify the City
following resolution of the appraised value question and an adjustment for the payment, without
interest, will be made within thirty(30) days following such resolution.
(b) After the assessed value of the Company's properties has been determined, the
payments due hereunder shall be calculated in accordance with the following schedule:
The 2010 payment shall be 77.5% of assumed City taxes due, except such payment
shall not exceed or be less than the 2009 payment by more than 10 1%.
The 2011 payment shall be 77.5% of assumed City taxes due, except such payment
shall not exceed or be less than the previous year's payment by 10 0/0.
The 2012 - 2015 payments shall be 75% of assumed City taxes due, except the
payment shall not exceed or be less than the previous year's payment by more than 7%.
(c) City hereby agrees to bill Company for its payments due hereunder on or before
January I each year. Company shall pay to City the amount billed on or before February 1 each
year. Upon receiving the final payment, the Chief Financial Officer shall issue an official receipt
of said City acknowledging full, timely, final and complete payment due by said Company to
•
GAIndustrial Contracts12009T..W.bil 2009.doc 3
DRAFT
City for the property involved in this Agreement for the year in which such payment is made. If
payment is not made on or before any due date, the same penalties, interest, attorneys' fees and
costs of collection shall be recoverable by the City as would be collectible in the case of
delinquent ad valorem taxes. Further, if payment is not timely made, all payments which
otherwise would have been paid to the City had Company been in the City limits of City will be
recaptured and paid to the City within 60 days of any such event.
ARTICLE II
PROPERTY COVERED BY AGREEMENT
This instrument will reflect the intention of the parties hereto that this instrument shall
govern and affect the properties of Company (facilities, real, personal, and mixed) located on
Company's real property more particularly described in Exhibit "A" hereto, which are within the
• extra-territorial jurisdiction of the City of Beaumont.
ARTICLE III
SALE BY COMPANY
Company shall notify City of any sale of any or all of Company's facilities to any person
or entity. It is the intent of the parties that no sale of any of Company's facilities will affect the
amount to be paid to the City as provided under this Agreement. Accordingly and as to
payments due under this contract no such sale shall reduce the amount due the City under this
contract until the purchaser of such facility has entered into a contract in lieu of taxes with the
City that provides for a continuation of like payments to the City.
•
GAIndushial Contmcts\2009 1ExconMobi12009.doc 4
DRAFT
• ARTICLE IV
CITY'S OBLIGATIONS
1. City agrees that it will not annex, attempt to annex or in any way cause or permit to
be annexed any portion of lands or facilities or properties of said Company covered by this
Agreement for the period of the agreement except as follows:
(a) If the City determines that annexation of all or any part of the properties covered
by this Agreement belonging to said Company is reasonably necessary to promote and protect
the general health, safety and welfare of persons residing within or adjacent to the City, the City
will notify Company in accordance with State law of the proposed annexation. In the event of
such annexation, Company will not be required to make further payment under this Agreement
for any calendar year commencing after such annexation with respect to the property so annexed,
but shall nevertheless be obligated to make full payment for the year during which such
annexation become effective if the annexation becomes effective after January 1 st of said year.
(b) In the event any municipality other than the City attempts to annex separately or in
the event the creation of any new municipality shall be attempted so as to include within its
limits any land which is the subject matter of this Agreement, City shall, with the approval of
Company, seek immediate legal relief against any such attempted annexation or incorporation
and shall take such other legal steps as may be necessary or advisable under the circumstances
with all cost of such action being borne equally by the City and by the said Company or
companies with the Company's portion allocated on the basis of assessed values.
2. The City further agrees that during the term of this agreement, there shall not be
extended or enforced as to any land and property of Company within said City of Beaumont
Industrial District, any rules, regulations, or any other actions: (a) seeking in any way to control
•
G:UndustrW Cat tracts\2009\ExxonMobi12009.doc 5
4
July 29, 2008
Consider a request for a specific use permit to allow a boarding house in a GC-MD (General
Commercial-Multiple Family Dwelling) District at 10295 Eastex Freeway
RICA WITH OPPORTUNITY
C ► �
T - E - X - A - S City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Chris Boone, Community Development Director
MEETING DATE: July 29, 2008
REQUESTED ACTION: Council consider a request for a specific use permit to allow
a boarding house in a GC-MD(General Commercial-
Multiple Family Dwelling)District at 10295 Eastex
Freeway.
RECOMMENDATION
The Administration recommends denial of the request.
BACKGROUND
Debbie Bonin, for Hattie's House, has applied for the specific use permit.
The subject property is the former location of Girls Haven. Ms. Bonin states that the building will
provide housing for individuals with a very low income, who are homeless, those with a mental
illness, as well as those who simply do not want to live alone anymore. Hattie's House provides
room and board, not care, to those not having the means or the money to live alone or with family
members. Residents are taught to keep appointments, how to stay medication compliant and how
to engage in gainful employment. Transportation is provided to and from doctors appointments,
job interviews, family visits, shopping and community events. Qualified individuals are employed
to supervise the boarding house.
Hattie's House will be renting the property from Triumph Church, which is immediately to the
south. Activity will be restricted to the structure and a minimal outdoor area.
Ms. Bonin states that Hattie's House has three homes in Orange County that have operated for
the past four years.
At a Joint Public Hearing held July 21, 2008, the Planning Commission voted 3:3 for a specific
use permit to allow a boarding house in a GC-MD (General Commercial-Multiple Family
Dwelling)District at 10295 Eastex Freeway subject to the following condition: "-
1. Provide a 6'tall wood screening fence around the rear yard of the house. The west
line of the fence shall be a minimum of 25' from the rear of the house and the
north and south lines of the fence shall tie in with the corners of the house.
BUDGETARYIMPACT
None.
ORDINANCE NO.
ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE
PERMIT TO ALLOW A BOARDING HOUSE IN A GC-MD
(GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING)
DISTRICT FOR PROPERTY LOCATED AT 10295 EASTEX
FREEWAY 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 Debbie Bonin, for Hattie's House, to allow a boarding house in a GC-MD
(General Commercial-Multiple Family Dwelling) District for property located at 10295
Eastex Freeway, being Tract 72, Plat RS 4, Abst. 17, W.B. Dyches Survey, City of
Beaumont, Jefferson County, Texas, containing 2.921 acres, more or less, as shown on
Exhibit "A" attached hereto; and,
WHEREAS, the City Council is of the opinion that the issuance of such specific use
permit is in the best interest of the City of Beaumont and its citizens, subject to the
hereinafter described conditions:
NOW, THEREFORE, BE IT ORDAINED BY THE
CITY OF BEAUMONT:
Section 1.
That a specific use permit to allow a boarding house in a GC-MD (General
Commercial-Multiple Family Dwelling) District for property located at 10295 Eastex
Freeway, being Tract 72, Plat RS 4, Abst. 17, W.B. Dyches Survey, City of Beaumont,
Jefferson County, Texas, containing 2.921 acres, more or less, as shown on Exhibit "A,"
attached hereto and made a part hereof for all purposes, is hereby granted to Debbie
Bonin for Hattie's House, it's legal representatives, successors and assigns, subject to the
hereinafter described condition:
Provide a 6' tall wood screening fence around the rear yard of
the house. The west line of the fence shall be a minimum of
25'from the rear of the house and the north and south lines of
the fence shall tie in with the corners of the house.
Section 2.
That the specific use permit herein granted is expressly issued for and in
accordance with each particular and detail of the site plan attached hereto as Exhibit "B"
and made a part hereof for all purposes.
Section 3.
Notwithstanding the site plan attached hereto, the use of the property hereinabove
described shall be in all other respects subject to all of the applicable regulations contained
in Chapter 30 of the Code of Ordinances of Beaumont, Texas, as amended, as well as
comply with any and all federal, state and local statutes, regulations or ordinances which
may apply.
PASSED BYTHE CITY COUNCIL of the City of Beaumont this the 29th day of July,
2008.
- Mayor Becky Ames -
Effe 1955-P: Request for a specific use permit to allow a boardinghouse in a GC-MD
General Commercial-Multiple Family Dwelling) District.
",ocation: 10295 Eastex Freeway
Applicant: Debbie Bonen for Hattie's House
0 200 400
l i I Feet
Legend
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EXHIBIT "A"
SURVEY LEGEND .
—E—E— ELECTRIC LINE 0 CONCRETE SURFACE 0 A.C. AIRCONDITIONING UNIT =___= HOOD FENCE
—PL—PL— PIPELINE ® COVERED AREA e P.P. POWER POLE CHAIN LINK FENCE
—T—T— TELEPHONE LIKE E= ROCK OR GRAVEL STREETLIGHT X— BARBED WIRE FENCE
CLIENT. MAGNOLIA ENTERPRISE PARTNER LTD - GF#. 5SET50927C
FOUND J/4'
FOUND CONCRI'm IRON PIPE
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SIT f/2' (60•RO.r.)
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e ,: DeON PIPE 0.84 acres o
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y (CALLCO N O6'sYoe-
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DEED LVDEX NUMBER
2002005274 ✓CRPR k ° FOUND f/Z'
IRON ROD
VOL. 2339, PACE 440 ✓CDR - � DtaRIUAD
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ov °r°DDO,NC TRACT I
CONC 2.92 acres
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FILM CODE
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IRON PJPa UNDIRCROUND (CALLED 1 ti'16.00"a 363.18•) FOUND 1
FIBER OP77C fAOX R017
ALE 10295 EASTEX FREEWAY NOTE:
1. 'CONCRETE OVERLAPS
THE PROPERTY LINE 0.22
FEET
DISCRJPTION OF ScRvlcas: /OCATE CO N R HOW IMPRO ItFUms
SURVIYdWS C6RTIFJCAIION: -
TO THE LIENHOLOIRS AND THS OWNXRS OF rRk PREMISES, SURVKMD AND To M CHICACO TT LB nJSITRAHCE COMPANY. RECENED
The r+ndtrslgned does hereby certify that this sa>wy was thts day mad,on the groaned of the property kB�Y
described hereon and is correct. and that there are no discrepancies.conflicts, shortages in.ar'eq 6msndary CITY OF BEAUMONT
line that ai prop rty has s, over-loPPi^0 of impr'ouements, easements or rights of way, except as shoum hereon, Fl �K-iNG DIVISION
and.that said property has access to and Prom a dedicatod roodulay. Dated MAY 28. 2002
The abdue tract being located at_-10295 EASTEX FREEWAY" BEA J(ONT. T XAS 77708
and being described— A 2.92 ACRE TRACT OIrT AF TNF WFQIFY R DYt`fiFC CIIRVATY ARSTRI CT f7
as rocerded to Volume=, pogo= of the DEED Records of JZFFERSON C fYzaa•. In accordance
with the Flood InrtAna w,Rate Yap of the Federal Emergency Management Agency, map re a�e r Mp
tracts lUs in the flood tone noted Location on map was dot d by mate.xatusl ft td it.daRan mt� er edct JUL 3 2W8
'of said gwsted FAUST.Ititp{raeerbtg and Surueylnp, Inc.. do no nor subscribe t or scale
map.
010DI FA(aT&gweee�aw/3vwylR A.e
RICHARD F. FAUST
REGISTERED PROFESSIONAL LAND SURVEYOR NO. 4782
Cens JUY 28. 2002 A U S T
Census Tract: 1.01
FEMA Flood Zone: C (�C:. .;T
r��:ivy\tt il?9�y
Community Panel No.: ENGINEERING AND SURVEYING, INC. �'e• * •...
485457-0045 B RCFWDFFAW
Panel Data. 12/4/84 2525 Calder Street _ `�_
Field Book
Beaumont, Tw=$ 97702 'x••• \ �
No.: 02-8 .ja•.g�V`
Project No.- 0206-067 Office (409) 813-3410 Paz (409) 813-3484
EXHIBIT `tBf1
5
July 29, 2008
Consider a request for a specific use permit to allow a drinking place in the CBD (Central
Business District) at 268 Pearl Street
RICH WITH OPPORTUNITY
r
C .[I 1�1 0 N
T • E • x • A • S City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Chris Boone, Community Development Director
MEETING DATE: July 29, 2008
REQUESTED ACTION: Council consider a request for a specific use permit to allow
a drinking place in the CBD (Central Business District) at
268 Pearl Street.
RECOMMENDATION
The Administration recommends denial of the request.
BACKGROUND
Brian Austin has applied for the specific use permit.
Mr. Austin states that the property will be used as a night club that will generate revenue through the
sale of alcoholic and non-alcoholic beverages during general business hours of 4 p.m. to 2 a.m.
Monday through Saturday. The approximate occupancy of the facility will be 250 to 300 customers.
The establishment will host live musical and other non-musical performances as provided by outside
production companies and promoters. This type of entertainment will be provided approximately two
times per week on a regular basis. All live performances will begin at or near 9:00 p.m. A smoking
area will be provided in a fenced patio at the rear of the property.
At a Joint Public Hearing held July 21, 2008, the Planning Commission recommended denial 6:0
for a specific use permit to allow a drinking place in the CBD (Central Business District) at 268
Pearl Street.
BUDGETARY IMPACT
None.
ORDINANCE NO.
ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE
PERMIT TO ALLOW A BUSINESS SELLING ALCOHOLIC
BEVERAGES IN THE CBD(CENTRAL BUSINESS DISTRICT)
FOR PROPERTY LOCATED AT 268 PEARL STREET IN THE
CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS.
WHEREAS, the City Council forthe City of Beaumont desires to issue a specific use
permit to Brian Austin to allow a business selling alcoholic beverages in the CBD (Central
Business District) for property located at 268 Pearl Street, Tract 2, Plat E, Noah Tevis
Survey, City of Beaumont, Jefferson County, Texas, containing 0.071 acres, more or less,
as shown on Exhibit "A" attached hereto; and,
WHEREAS, the City Council is of the opinion that the issuance of such specific use
permit is in the best interest of the City of Beaumont and its citizens:
NOW, THEREFORE, BE IT ORDAINED BY THE
CITY OF BEAUMONT:
Section 1.
That a specific use permit to allow a business selling alcoholic beverages in the
CBD (Central Business District) for property located at 268 Pearl Street, Tract 2, Plat E,
Noah Tevis Survey, City of Beaumont, Jefferson County, Texas, containing 0.071 acres,
more or less, as shown on Exhibit 'A," attached hereto and made a part hereof for all
purposes, is hereby granted to Brian Austin, his 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"
Section 3.
Notwithstanding the site plan attached hereto, the use of the property hereinabove
described shall be in all other respects subject to all of the applicable regulations contained
in Chapter 30 of the Code of Ordinances of Beaumont, Texas, as amended, as well as
comply with any and all federal, state and local statutes, regulations or ordinances which
may apply.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 29th day of July,
2008.
- Mayor Becky Ames -
i
He 1954-F: Requestfor a specific use permit to allow a night club in the CBD (Central
Business District).
,ocation: 268 Pearl
Applicant: Brian Austin
0 100 200
t Feet
Legend
CfBD ® 1954P
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CBD
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EXHIBIT "A"