HomeMy WebLinkAboutPACKET MAY 25 2010 RICH WITH OPPORTUNITY
[IEA,UMON*
T • E • B • A • S
REGULAR MEETING OF THE CITY COUNCIL
COUNCIL CHAMBERS MAY 25,2010 1:30 P.M.
CONSENT AGENDA
* Approval of minutes - May 18, 2010
* Confirmation of committee appointments
Marty Craig would be reappointed to the Historic Landmark Commission. The current term
would expire April 7, 2012. (Mayor Becky Ames)
Charles E. Heare would be reappointed to the Parks and Recreation Advisory Committee. The
current term would expire February 11, 2012. (Councilmember Alan B. Coleman)
Chrystal Lynn Carter would be reappointed to the Parks and Recreation Advisory Committee.
The current term would expire March 20, 2012. (Councilmember Nancy Beaulieu)
Sharon Hendrix would be reappointed to the Parks and Recreation Advisory Committee. The
current term would expire February 18, 2012. (Councilmember Audwin M. Samuel)
Pamela Wise would be reappointed to the Small Business Revolving Loan Fund Board. The
current term would expire February 25, 2012. (Mayor Becky Ames)
Mel Wright would be reappointed as Ex-officio of the Convention and Tourism Advisory Board.
The current term would expire October 18, 2011. (Mayor Becky Ames)
Rocky Chase would be reappointed as Ex-officio of the Convention and Tourism Advisory
Board. The current term would expire October 18, 2011. (Mayor Becky Ames)
Dr. Richard Leblanc would be reappointed as Ex-officio of the Convention and Tourism
Advisory Board. The current term would expire October 18, 2011. (Mayor Becky Ames)
A) Authorize the City Manager to enter into a contract for the purchase of a house flooded
during Hurricane Ike in conjunction with the approved Hazard Mitigation Grant
Program's Acquisition and Demolition Program
B) Amend Resolution 10-111 to provide for a six month contract for Liquid Polymer
Chemicals for use by the Water Utilities Department
C) Amend Resolution 10-134 to reallocate funds from 2008 CDBG-FEMA Hazard
Mitigation.Grant Program Match and the 2009 Clearance and Demolition line items to
the 2009 Public Facilities-L.L.Melton Building Repair line items
D) Authorize the City Manager to apply for and receive funding through the Edward Byrne
Memorial Justice Assistance Grant program and to execute an inter-local agreement with
the City of Port Arthur and Jefferson County in order to reallocate Justice Assistance
Grant funds
E) Authorize The Parker Law Firm to file the necessary documents to add the Beaumont
Police Officers Association to the suit currently pending in the 136th District Court of
Jefferson County, Texas Cause No. D-179887; Erik Kvarme, Derrick Fowler, Douglas
Kibodeaux and Rebecca Chism v. The City of Beaumont and the Civil Service
Commission of the City of Beaumont
F) Authorize the acquisition of property for the Concord Road Pavement Widening Project
G) Authorize the acquisition of property for the Concord Road Pavement Widening Project
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF BEAUMONT:
THAT the following reappointments be made:
Beginning Expiration
ReaRRointment Commission of Term fo Term
Marty Craig Historic Landmark Commission 05/25/10 04/07/12
Charles E. Heare Parks and Recreation Advisory Committee 05/25/10 02/11/12
Chrystal Lynn Carter Parks and Recreation Advisory Committee 05/25/10 03/20/12
Sharon Hendrix Parks and Recreation Advisory Committee 05/25/10 02/18/12
Pamela Wise Small Business Revolving Loan Fund Board 05/25/10 02/25/12
Mel Wright, Ex-Officio Convention and Tourism Advisory Board 05125/10 10/18/11
Rocky Chase, Ex-Officio Convention and Tourism Advisory Board 05/25/10 10/18/11
Dr. Richard LeBlanc, Convention and Tourism Advisory Board 05/25/10 10/18/11
Ex-Officio
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 25th day of
May, 2010.
- Mayor Becky Ames -
A
RICH WITH OPPORTUNITY
BEAUMON*
T . $ . X 9 A . S City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
Gs 3
PREPARED BY: Chris Boone, Community Development Director
MEETING DATE: May 25, 2010
REQUESTED ACTION: Consider authorizing the City Manager to enter into a contract for
the purchase of a house flooded during Hurricane Ike in
conjunction with the approved Hazard Mitigation Gram Program's
Acquisition and Demolition Program.
RECOMMENDATION
The Administration recommends approval.
BACKGROUND:
As a result of Hurricane Ike, some homes located within the floodplain, east of Pine Street,
received flood damage. Because the City's floodplain land use ordinance requires that homes in
the floodplain that are substantially damaged be elevated prior to repair, many residents have
found elevating their homes and repairing them difficult if not impossible.
In order to provide relief to the residents and avoid future, repetitive flooding of these homes, the
City applied for Hazard litigation funds to acquire and demolish these homes. The City was
successfully awarded this grant for acquisition and removal of sixteen(16)homes. To date, we
have purchased and made relocation offers to eleven(11),three(3)have declined offers and two
(2), including this offer, are pending.
Address Owners Name Purchase Amount
3150 Taliaferro Timmie Bell $26,238.60
Total: $26,238.60
FEMA Grant Amount(at 75%) $19,678.95
Local CDBG Match Amount(at 25%) $6,559.65
This grant provides seventy-five percent(75%)of the costs, with a required twenty-five percent
(25%)local match, which will be paid through a reallocation of 2009 Program Year CDBG
demolition funds. It is expected that additional purchase contracts will be forthcoming as offers
are accepted by the homeowners. Once these properties are acquired, the City will demolish these
homes and deed restrict the properties,to prevent future flooding losses. These costs will also be
covered by the grant.
BUDGETARY EWPACT
Funds this local match are available through the 2009 Program Year CDBG Budget.
FLOOD DAMAGED PROPERTY CONTRACT FOR SALE
THIS AGREEMENT is made and entered into this�.day of d.tT! 2010,by and between the City of
Beaumont,Texas,hereinafter referred to as the City,and Timmie Bell ereinafter referred to as the SELLER.
THAT, the CITY is acting under a federal grant from the Texas Department of Public Safety, Governor's Division of
Emergency Management(GDEM)and/or Texas Department of Housing and Community Affairs(TH&CA)to purchase
certain property in Beaumont, Texas in which the SELLER owns a parcel of land known by the physical address, 3150
Talinferro and described as Mt Olive Lot 13 Block 4 Abstract 045250. The Seller represents that this property was
damaged by flood,that the Seller qualifies for the assistance being granted and that the Seller understands that there is NO
OBLIGATION TO SEL L THE PROPERTY UNDER THIS PROGRAM, BUT THE SELLER DOES SO
VOLUNTARILY.
The parties agree as follows:
1. The City agrees to pay the SELLER for said property the sum of$26,238.60 payable at settlement after the
acceptance of this Agreement and preliminary approval of the Seller's title;provided the Seller can execute and
deliver a good and sufficient general warranty deed conveying marketable title to said property in fee simple,clear
of all liens and encumbrances.
2. SELLER acknowledges that the price to be paid for the property is the pre-flood value of$40,000.00 with
deductions for any flood insurance payment received by SELLER for structural damage of$20,300.00, wind
insurance payment received by SELLER for structural damage of$4,611.40, $0.00 for any Disaster.Housing
Assistance program (DHA) (structural repairs) and/or $0.00 for Other Needs Assistance (ONA) for which
,SLLER cannot document as expended on repair of the damaged structure,and a reimbursement of$11,150.00 for
certain repairs and/or unreimbursed temporary living expenses for which receipts were provided have been added
3. The proceeds from the sale shall first be applied to all liens on the property, including real estate taxes,
weedy lot liens,and paving assessments. All lien amounts shall be due and payable to the date of settlement.
The Hazard Mitigation Gant Program Funds being used for the purchase of the property cannot and will not
duplicate benefits received for the same from any other funds. SELLER will return any disaster aid money
received if it duplicates benefits as determined by the City or any federal or state official administering these
grant funds.
4. SELLER will execute all necessary documents to transfer marketable fee simple title to the property to the
an and all documents required b the City and/or
City d also agrees to execute now and in the future, y eq y ty
ty agr
DEM to complete this transaction and to comply with the City,state or Federal Regulations.
5. SELLER will NOT remove any property considered a portion of the real estate without prior written
notice to the City and providing appraisals of such properties. The value of the property so removed, as
finally determined,will be deducted from the purchase price,if the purchase price has not as yet been paid in
full or be repaid by the SELLER within 10 days after removal if the purchase price has been paid to the
SELLER. The value of the property removed will be solely determined by the City and must be negotiated
prior to removal. SELLER understands that no fixtures,materials or improvements to the real estate may be
removed from the premises. The City will NOT permit any materials to be salvaged at this time or at the
time of demolition. Any violation of this agreement may result in a reduction of the value of and amount
received for the structure.
6. The SELLER understands that no fixtures,materials or improvements to the real estate may be removed
from the premises, and, because of legal liability reasons, the CITY will not permit any materials to be
salvaged at this time or at the time of demolition. Any violation of this agreement may result in changing the
fair market value of the structure.
7. The SELLER understands this is a voluntary transaction and that SELLER is not entitled to relocation
benefits provided by the Uniform Relocation Assistance and Real Property Acquisition Policies Act(URA),
and will not claim any such benefits.
8. SELLER acknowledges that it has had an opportunity to review this contract and that it has had an
opportunity, if it so chooses,to contact an attorney of it's choice to review this Agreement. SELLER enters
into this Agreement fully understanding the nature thereof. SELLER further releases,indemnifies,and saves
and holds harmless the City and the City's officers, employees, agents, and subcontractors from all suits,
actions,or claims of any character, name,or description for any matter relating to the subject matter of this
contract. The SELLER shall release and indemnify the City from and against any suits, damages,
obligations or liability regardless of the negligence, alleged misrepresentations or other intentional or
unintentional acts of the City or any of its officers,agents,employees or subcontractors performed in
relation to this contract or the administration of this buyout program.
This agreement is binding upon the heirs,exec rs,successors and assigns of all parties.
DATED this day of 7:i ,2010.
Seller Signature itne ,attesting for Se er(signature)
Timmie Bell
))- 1
Seller Printed Name Witness,attesting for Seller(Printed Name)
City of Beaumont Approval:
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF BEAUMONT:
THAT the City Manager be and he is hereby authorized to execute a contract with Timmie
Bell, owner of a home flooded during Hurricane Ike,for the purchase of said home through
the Hazard Mitigation Grant Program's Acquisition and Demolition Program as described
below:
Address Owners Name Purchase Amount
3150 Taliaferro Timmie Bell $26,238.60
Total: $26,238.60
FEMA Grant Amount (at 75%) $19,678.95
Local CDBG Match Amount (at 25%) $6,559.65
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 25th day of May,
2010.
- Mayor Becky Ames -
B
RICH WITH OPPORTUNITY
BEA,UMON*
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: May 25, 2010
REQUESTED ACTION: Council consider amending Resolution 10-111.
RECOMMENDATION
The Administration recommends Resolution 10-111 of May 4, 2010, be amended to provide for a
six (6)month contract.
BACKGROUND
The agenda item submitted for this resolution requested, in error, approval of a one(1)year
contract with Ashland, Inc., to provide Liquid Polymer Chemicals for use by the Water Utilities
Department.
The agenda item should have specified a contract of six (6)months duration rather than one (1)
year.
BUDGETARYIMPACT
None.
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF BEAUMONT:
WHEREAS, City Council approved Resolution No. 10-111 on May 4, 2010,
accepting the bid of Ashland, Inc., of Wilmington, Delaware, for a one (1)year contract for
the purchase of wastewater treatment polymer for use by the Water Reclamation Division
at a unit cost of$1.09 per pound for an estimated cost of$54,500; and,
WHEREAS, the bid submitted to the City of Beaumont was for a six (6) month
contract in the amount above-stated;
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
That Resolution No. 10-111 is hereby amended to accept the bid of Ashland, Inc., for a six
(6) month contract for the purchase of wastewater treatment polymer for use by the Water
Reclamation Division at a unit cost of$1.09 per pound for an estimated cost of$54,500.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 25th day of May,
2010.
- Mayor Becky Ames -
C
RICH WITH OPPORTUNITY
BEAUMON*
T • $ • X • A • s City Council Agenda It
TO: City Council
FROM: Kyle Hayes, City Manager
�011�iunity PREPARED BY: Chris Boone, Development Director
MEETING DATE: May 25, 2010
REQUESTED ACTION: Council consider amending the resolution to reallocate funds
from 2008 CDBG-FEMA Hazard Mitigation Grant Program
Match and the 2009 Clearance and Demolition line items to
the 2009 Public Facilities-L.L.Melton Building Repair line
items.
RECOMMENDATION
Administration recommends approval.
BACKGROUND
On May 18, 2010,the City Council approved Resolution 10-134, reallocating fiords to the 2009
Public Facilities-L.L.Melton Building Repair line item. After review of the resolution, it was
determined that the resolution should more specifically identify the 2008 CDBG-FEMA Hazard
Mitigation Grant Program Match in order to identify it more specifically as part of the
Community Development Block Grant(CDBG)Program. In addition, it was determined that in
order to close-out the 2008 Program Year, it would be preferable to reallocate funds from the
2008 CDBG FEMA Hazard Mitigation Grant Program Match line item, rather than the 2009
CDBG FEMA Hazard Mitigation Grant Program Match line item.
With the recent withdrawal of the YMCA from the management of the Melton YMCA, Jehovah
Tireh Village Community Development Center is seeking to operate the City-owned facility to
provide recreational and other services to the community. In order to provide a safe and adequate
facility for this purpose, City staff have inspected the building and identified a listing of needed
repairs. The estimated costs of these repairs would be$99,800. The reallocation of these line
items would provide the necessary funds to complete these repairs.
BUDGETARY IMPACT
Funds would be available through the CDBG grant program.
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF BEAUMONT:
WHEREAS, City Council approved Resolution No. 10-134 on May 18, 2010, to
reallocate $81,376 from the 2009 FEMA Hazard Mitigation Grant Program and $18,624
from the 2009 Clearance and Demolition line items to the 2009 Public Facilities - L. L.
Melton Building Repair line item; and,
WHEREAS, in order to close out the 2008 CDBG-FEMA Hazard Mitigation Grant
Program Match line item, it is preferable to reallocate the $81,376 from that line item,
rather than the 2009 FEMA Hazard Mitigation'Grant Program, and $18,624 from the 2009
Clearance and Demolition line item to the 2009 Public Facilities - L. L. Melton Building
Repair line item;
NOW, THEREFORE, BE IT ORDAINED BY THE
CITY OF BEAUMONT:
That Resolution No. 10-134 is hereby amended to reallocate $81,376 from the 2008
CDBG-FEMA Hazard Mitigation Grant Program Match and $18,624 from the 2009
Clearance and Demolition line items to the 2009 Public Facilities - L. L. Melton Building
Repair line item.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 25th day of May,
2010.
- Mayor Becky Ames -
D
RICH WITH OPPORTUNITT
11EA,UM0N*
T • E • x • A • s City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
� C
PREPARED BY: Frank C. Coffin, Jr., Chief of Police /
MEETING DATE: May 25, 2010
REQUESTED ACTION: Consider authorizing the City Manager to apply for and receive
funding through the Edward Byrne Memorial Justice Assistance
Grant program and to execute an inter-local agreement with the
City of Port Arthur, Texas, and Jefferson County, Texas in order to
reallocate Justice Assistance Grant funds.
RECOMMENDATION
Administration recommends approval.
BACKGROUND
The City of Beaumont has been awarded funding through the Edward Byrne Memorial Justice
Assistance Grant program for the past four years. The funding has been used to upgrade
technology through the purchase of computer hardware and software, purchase additional officer
safety equipment and to fund several community policing programs. Due to Jefferson County
being designated a disparate jurisdiction by the Department of Justice, an inter-local agreement
must be filed with the joint application, and the agencies must agree to funding allocations prior
to application for funding.
BUDGETARY IMPACT
An additional $ 102,474 for law enforcement equipment and programs at the Beaumont Police
Department. The remainder of the funds would be allocated to the Port Arthur Police Department
($ 40,193) and the Jefferson County Sheriff's Office ($ 25,177). No matching funds are
required.
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 apply for and receive funding
for the City of Beaumont in the amount of $167,844 from the Edward Byrne Memorial
Justice Assistance Grant Program for law enforcement equipment and programs; and,
BE IT FURTHER RESOLVED that the City Manager be and he is hereby authorized
to execute an interlocal agreement to reallocate funds in the amounts of $40,193 to the
City of Port Arthur and $25,177 to Jefferson County.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 25th day of May,
2010.
- Mayor Becky Ames -
r
E
City Council Agenda Item
TO: City Council
FROM: Carl A. Parker
PREPARED BY: The Parker Law Firm
MEETING DATE: May 25, 2010
REQUESTED ACTION: Consider a resolution authorizing The Parker Law Firm to
file the necessary documents to add the Beaumont Police
Officers Association to the suit currently pending in the
136th District Court of Jefferson County, Texas, Cause No.
D-179887; Erik Kvarme, Derrick Fowler, Douglas
Kibodeaux and Rebecca Chism v. The City of Beaumont
and the Civil Service Commission of the City of Beaumont
RECOMMENDATION
It is recommended that the City Council authorize The Parker Law Firm to pursue adding the
Beaumont Police Officers Association to the case styled Cause No. D-179887; Erik Kvarme,
Derrick Fowler, Douglas Kibodeaux and Rebecca Chism v. The City of Beaumont and the Civil
Service Commission of the City of Beaumont. It appears that the police union is a necessary party
to the resolution of this matter.
BACKGROUND
Plantiffs sued the City of Beaumont alleging a defective civil service test and demanding
promotion within the Beaumont Police Department. There is a serious question as to whether or
not individuals have the right to enforce the collective bargaining agreement, or it is the
exclusive province of the union with whom the City has contracted. It appears it is necessary to
involve the police union in any resolution of this matter in view of prior settlements reached
regarding promotional testing and in light of the Court's order that the matter be mediated.
BUDGETARYIMPACT
It appears the cost of adding an additional third-parry defendant will be minimal in view of the
fact that the City must defend the matter at any rate and will require few, if any additional
witnesses or discovery.
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF BEAUMONT:
THAT the Parker Law Firm be and is hereby authorized to add the Beaumont Police
Officers Association as an additional third-party defendant in Cause No. D-179,887, Erik
Kvarme, Derrick Fowler, Douglas Kibodeaux and Rebecca Chism v.The City of Beaumont
and the Civil Service Commission of the City of Beaumont.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 25th day of May,
2010.
- Mayor Becky Ames -
F
RICH WITH OPPORTUNITY
[IEA,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: May 25, 2010
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 for the Concord Road Pavement Widening Project.
BACKGROUND
As part of the Concord Road Pavement Widening Project, approximately sixty-seven (67)
parcels of land from East Lucas to Highway 105 are being acquired. The owner of the
property listed below, have agreed to convey their property to the City:
Parcel #44 0.0480 acre out of the F. Bigner Survey, Abstract No. 1, Beaumont,
Jefferson County, (5770 Concord Road)
Value: $6,500.00
Owners: Trustees for The Church of The Living God
BUDGETARYIMPACT
Funds are available in the Capital Program.
C:\RealPropertyLetters\Concord\44-Curch of Living God\CouncilAgenda44.wpd
RESOLUTION NO.
WHEREAS, an agreement has been negotiated for the acquisition of property
described below and in Exhibit "A"and shown on Exhibits "B"and"C,"attached hereto, for
the Concord Road Pavement Widening Project:
Parcel #44 0.0480 acre out of the F. Bigner Survey, Abstract No. 1,
Beaumont, Jefferson County, (5770 Concord Road)
Value: $6,500.00
Owners: Trustees for The Church of The Living God
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the purchase of the above described property be, and the same is, hereby
approved.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 25th day of May,
2010.
- Mayor Becky Ames -
AGREEMENT
PROJECT: Concord Road Pavement Widening Project
Parcel 44
THE STATE OF TEXAS X
COUNTY OF JEFFERSON X
This agreement between TRUSTEES FOR THE CHURCH OF THE LIVING GOD of the County
of Jefferson,State of Texas,hereinafter called GRANTOR,and the City of Beaumont,Texas,acting by and
through its duly authorized Agent, hereinafter called GRANTEE, witnesseth:
CITY OF BEAUMONT and the GRANTOR above recited have reached an agreement wherein the
GRANTORS are to convey to the CITY OF BEAUMONT property described fully in a Special Warranty
Deed to be executed by GRANTORS, to which reference is hereby made for complete description, said
property being briefly described as follows:
0.0480 acre tract out of the F. Bigner Survey, Abstract No. 1,Beaumont, Jefferson County,
Texas. (5770 Concord Road)
The consideration and conditions of agreement are fully listed and stated. The CITY OF BEAUMONT will
pay GRANTORS as follows:
$6,500.00 less $ for improvements retained.
GRANTORS desire to retain the following improvements:
A. Site improvements and Trees $2.00
B. Driveway Materials $2.00
GRANTORS do not wish to retain any improvements.
All liens a d taxes (either current or delinquent) will be deducted.
It is further agreed that the terms of agreement herein stated are in consideration of the delivery
to the CITY OF BEAUMONT of a valid conveyance of all rights, title and interest described in the
Special Warranty Deed from GRANTORS to the CITY OF BEAUMONT.
THIS AGREEMENT IS SUBJECT, HOWEVER, TO THE APPROVAL OF THE
BEAUMONT CITY COUNCIL. ALL TERMS AND CONDITIONS OF AGREEMENT ARE
FULLY STATED HEREIN AND NO VERBAL AGREEMENTS ARE AUTHORIZED.
EXECUTED this. day of l , 20pj' .
CITY EAU ONT `z
och TRUSTS OR TH6tHCR H OF
THE LIVING GOD
nginee ' Supervisor
C:\RealPropertyLetters\Concord\44-Curch of Living God\Agreement44.wpd
March 2009
Parcel 44
Page 1 of 4
EXHIBIT
County: Jefferson
Highway: Concord Road
Project Limits: East Lucas to US 96, 69, 287
PROPERTY DESCRIPTION FOR PARCEL 44
Being a 0.0480 acre (2,091 square feet) of land, situated in the F. Bigner Survey,
Abstract No. 1, out of and part of that certain called 0.938 acre tract of land having been
conveyed to The Church of the Living God from Neil V. Laminack by deed dated June 1,
1987 and being recorded under Film Code No. 101-86-1770 of the Real Property
records of Jefferson County, Texas, said 0.0480 (2,091 square feet) acre of land being
more particularly described as follows;
COMMENCING at a 1/2" iron pipe found for the Northeast corner of the said 0.938
acre The Church of the Living God tract and the Northwest corner of that certain
tract of land having been conveyed to Lester A. Saucier, Jr. and wife, Arlene T.
Saucier from S & S Enterprises, Inc. by deed dated August 30, 1982 and being
recorded under Volume 2382 Page 353 of the Deed Records of Jefferson County,
Texas;
THENCE, SOUTH 01-35'38" EAST, along the Easterly line of the said 0.938 acre
The Church of the Living God tract and the West line of the said Saucier tract for a
distance of 296.02 feet a 5/8" iron rod with cap stamped "City of Beaumont ROW
Monument" set for corner in the proposed Northeast right-of-way of Concord Road
and the POINT OF BEGINNING of the parcel herein described;
1) THENCE, SOUTH 01'35'38" EAST, continuing along the East line of the said 0.938
acre The Church of the Living God tract and the West line of the said Saucier tract
for a distance of 10.89 feet to a point for comer in the existing Northeast right-of-way
of Concord Road, said point being the most Southerly corner of the said 0.938 acre
The Church of the Living God tract and the Southwesterly corner of the said Saucier
tract and from said point a 1" iron pipe found (disturbed) bears NORTH 01 035'38"
WEST a distance of 3.22 feet;
2) THENCE, NORTH 62°03'31" WEST, along the existing Northeast right-of-way of
Concord Road for a distance of 222.98 feet to a point for corner in the existing
Northeast right-of-way line of Concord Road, said corner being the most Southerly
corner of that certain called 0.305 acre tract of land having been conveyed to Jose
T. Gonzales and Anna L. Gonzales from Steven A. Rose and Rhona L. Rose by
deed dated October 31, 1990 and being recorded under Film Code No. 103-40-2173
of the Real Property Records of Jefferson County, Texas and said corner being the
Southwesterly corner of the said 0.938 acre The Church of the Living God tract;
EXHIBIT "A"
March 2009
Parcel 44
Page 2 of 4
EXHIBIT
3) THENCE, NORTH 19°24'14" EAST, along the East line of the said 0.305 acre
Gonzales tract and the West line of the said 0.938 acre The Church of the Living
God tract for a distance of 9.55 feet to a 5/8" iron rod with cap stamped "City of
Beaumont ROW Monument" set for corner in the proposed Northeast right-of-way of
Concord Road;
4) THENCE, SOUTH 62 003'58" EAST, along the proposed Northeast right-of-way line
of Concord Road for a distance of 219.03 feet to the POINT OF BEGINNING and
containing 0.0480 acre (2,091 square feet) of land.
A parcel plat of even date accompanies this property description.
I, Mark W. Whiteley, Registered Professional Land Surveyor No. 3636, in the State of
Texas, do hereby certify that the above field notes correctly reflect an actual survey
made under my supervision and the limits, boundaries and corners are truly shown just
as found at the time of the survey.
Surveyed January 2009
GIVEN UNDER MY HAND AND SEAL THIS THE S DAY OF March 2009.
4U )A
EE
Mark W. Whiteley, RPLS #3636 r Y
`y 3;
w``
LEGEND
■ SET S/B' 1. R. WITH CAP STAMPED "CITY OF BEAUMONT ROW MONUMENT'
TXDOT CONTROL MONUMENT
O PARCEL NUMBER
O FND PROPERTY CORNER AS NOTED
POWER POLE P.O.0 PARCEL 44
PROPOSED ROW LINE FND. 1/2" 1. PIPE
EXISTING ROW LINE
PROPERTY LINE
SURVEY LINE
COUNTY LINE
LESTER A. SAUCIER, JR. et ux
CALLED 0.938 ACRES AUGUST 30, 1982
THE CHURCH OF THE LIVING GOD VOL. 2382, PG. 353
CALLED 0.305 ACRES JUNE 1, 1987 DRJC
JOSE T. GONZALES, et ux FC NO. 101-86-1770
OCTOBER 31, 1990 OPRJC
FC NO. 103-40-2173
OPRJC
P.O.B.
PARCEL 44
44
CONCORD ROAD
PARENT TRACT
N.T.S.
BEARINGS AND DISTANCES SHOWN ENCLOSED IN PARENTHESES ARE CALLED BEARINGS AND DISTANCES
IN THE DESCRIPTION OF THE PARENT TRACT.
SURVEYED FEBRUARY 2009
A PROPERTY DESCRIPTION OF EVEN DATE
ACCOMPANIES THIS PARCEL PLAT.
`<
EXISTING TAKING REMAINING
r+f` ACRES ACRES/ S.F. ACRES
PARCEL 44,
MARK W. WHITELEY t� 0. 938 0. 0480/(2091) 0. 89
AND ASSOCIATES
INCORPORATED PARCEL PLAT
CONSULTING ENGINEERS, SHOWING
SURVEYORS, AND PLANNERS PARCEL 44
CONCORD ROAD JEFFERSON -COUNTY
P. 0. BOX 5492 3250 EASTEX FRNY.
BEAUMONT, TEXAS 77726-5492 BEAUMONT, TEXAS 777.03 ` ''ALE 1 = 50' MARCH 2009
409-892-0421 (FAX) 40� -
EXHIBIT 'B' SHEET 3 OF 4
561 LINE BEARING DISTANCE
1"^\b- L1 SO1'35'38"E 10.89'
L2 N 19'24'14"E
P.O.C.D PAS. 44 lojt��
I. PIPE
�0 p
u' G� LESTER A. SAUCIER, JR. et ux
`s y AUGUST 30, Cl.982
CALLED 0.305 ACRES s. "gyp, VOL. 2382, P 353
JOSE T. GONZALES, et ux C6 o CALLED 0.938 ACRES ��: � oL" DRJC
OCTOBER 31, 1990 o N THE CHURCH OF THE LIVING GOD
FC NO. 103-40-2173 N O 0.
OPRJC JUNE 1, 1987 �o �+ J
=� FC NO. 101-86-1770 0 (J
0 , OPRJC or,. 43
H
46 °
U' O X
W
45 P.O.B.
PAR. 44
191+46.14 189+27.10
40.00RT 40.00RT
PROPOSED RIGHT OF WAY
S62'03'58"E 219.03'
N
J
EXISTING RIGHT OF WAY-- (N60'0 42'46"W 221 .62')_ _ FND 1" I. PIPE "DISTURBED"
191 +00 N01'35'38"W 3.22'
_PROPOSED BASELINE N62'6'14.56"W 1326.64' PARCEL PLAT
CONCORD ROAD PARCEL
44
CONCORD ROAD JEFFERSON COUNTY
SCALE 1 " = 50' MARCH 2009
SHEET 4 OF 4
RICH WITH OPPORTUNITY G
BEAUMON*
T • E ,• x • A • s City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Tom Warner, of Public Works
MEETING DATE: May 25, 2010
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 properties for the Concord Road Pavement Widening Project.
BACKGROUND
As part of the Concord Road Pavement Widening Project, approximately sixty-three (63)parcels
of land from East Lucas to Highway 105 are being acquired. The owner of the properties listed
below, has agreed to convey his properties to the City:
Parcel #18 0.0223 acre out of NE pt Tract 30, Block 6, French Heights Addition
(5245 Concord Road) Value: $1,098.00
Owner: James R. Callas
Parcel#28 0.0256 acre out of City Plat D-22, Tract 105, F. Bigner Survey
(5422-5430 Concord Road) Value: $20,495.00
Owner: James R. Callas
BUDGETARY IMPACT
Funds are available in the Capital Program.
enpallas-ibmpd
18 May 2010
RESOLUTION NO.
WHEREAS, agreements have been negotiated for the acquisition of property
described below and in Exhibits "A" and "D," and shown on Exhibits "B," "C," "E," and "F"
attached hereto, for the Concord Road Pavement Widening Project:
Parcel #18 0.0223 acre out of NE pt Tract 30, Block 6, French Heights
Addition (5245 Concord Road)
Value: $1,098.00
Owner: James R. Callas
Parcel.#28 0.0256 acre out of City Plat D-22, Tract 105, F. Bigner Survey
(5422-5430 Concord Road)
Value: $20,495.00
Owner: James R. Callas
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the purchase of the above-described properties be, and the same are, hereby
approved.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 25th day of May,
2010.
- Mayor Beck Ames -
Y Y
29
April 2009
Parcel 18
Page 1 of 4
EXHIBIT
County: Jefferson
Highway. Concord Road
Project Limits: East Lucas to US 96,69,287
PROPERTY DESCRIPTION FOR PARCEL 18
Being a 0.0223 acre (970 square feet) of land, situated in the A. Williams Survey,
Abstract No. 385, out of and part of that certain called 0.549 acre tract of land having
been conveyed to James R. Callas from Lary Pedigo, Florence Boston, Lora Canter
and Betty Mixson by deed dated November 22, 2004 being recorded under Clerk's File
No.2004045685 of the Real Property Records of Jefferson County, Texas, said 0.0223
acre(970 square feet)of land being more particularly described as follows;
COMMENCING at a 1" iron pipe with cap found for the most Westerly comer of that
certain called 0.460 acre tract of land having been conveyed to Tomas C. Barboza,
Jr.from Huey P. Soileau and Elba Sue Williams Soileau by deed dated November
18, 1998 being recorded under Clerk's File No. 9843111 of the Real Property
Records of Jefferson County,Texas and said point being the most Southerly comer
of that certain tract of land being identified as Tract No. 2 having been conveyed to
James Robbins and wife, Shirley Robbins from Robert E. De Land, by deed dated
February 7, 2006, and being recorded under Clerk's Rie No. 2006004810 of the
Real Property records of Jefferson County,Texas;
THENCE, NORTH 35°18'35" EAST along the Northwesterly comer of the said 0.460
acre Barboza tract and the Southeasterly line of said Tract No. 2 for a distance of
235.86 feet to a 5/8" iron rod with cap stamped "City of Beaumont ROW Monument"
set for comer In the proposed Southwest right-of-way line of Concord Road;
THENCE, SOUTH 54°30'26" EAST along the proposed Southwest right-of-way line
of Concord Road for a distance of 84.27 feet to a 5/8" iron rod with cap stamped
"City of Beaumont ROW Monument" set for comer in the proposed Southwest right-
of-way line of Concord Road, said comer being in the Southeast line of the said
0.460 acre Barboza tract and in the Northwest line of the said 0.549 acre Callas
tract, also said comer being the POINT OF BEGINNING of the parcel herein
described;
1) THENCE, NORTH 35°18'24" EAST, along the Northwesterly line of the said 0.549
acre Callas tract and the Southeasterly line of said 0.460 acre Barboza tract for a
distance of 9.78 feet to a point for comer in the existing Southwest right-of--way line
of Concord Road;
LEGAL DESCRIPTION OF PART
TAKEN
EXHIBIT "A"
30
April 2009
Parcel 18
Page 2 of 4
EXHIBIT_
2) THENCE,SOUTH 54 033'44"EAST,along the existing Southwest right-of-way line of
Concord Road for a distance of 98.77 feet to a point for comer, said corner being the
most Easterly corner of the said 0.549 acre Callas tract and the most Northerly
comer of that certain tract of land having been conveyed to Ann Marie Medina from
Michael Wirfs and Susan Wirfs by deed dated May 9, 2007 being recorded under
Clerk's File No. 2007018235 of the Real Property Records of Jefferson County,
Texas;
3) THENCE, SOUTH 35°14'18"WEST along the Southeast line of the said 0.549 acre
Callas tract and along the Northwest line of the said Medina tract for a distance of
9.87 feet to a 5/8" iron rod with cap stamped "City of Beaumont ROW Monument"
set for comer in the proposed Southwest right-of-way line of Concord Road;
4) THENCE,NORTH 54°30'26"WEST, along the proposed Southwest right-of-way line
of Concord Road for a distance of 98.79 feet to the POINT OF BEGINNING and
containing 0.0223 acre(970 square feet)of land.
A parcel plat of even date accompanies this property description.
1, Mark W. Whiteley, Registered Professional Land Surveyor No. 3636, in the State of
Texas, do hereby certify that the above field notes correctly reflect an actual survey
made under my supervision and the limits, boundaries and comers are truly shown just
as found at the time of the survey.
Surveyed February 2009 Y
9
GIVEN UNDER MY HAND AND SEAL THIS THE `Lt DAY OF APRIL 2009.
OF
W E EY
M W;VJHRE� t.EY
3836
Mark W.Whiteley, RPLS#3636 f9•'9�°fSS10.0 O
'Lp'•S Lla��
31
LEGEND
■ SET 5/8' I. R. WITH CAP STAMPED 'CITY OF BEAUMONT ROW MONUMENT'
0 TXDOT CONTROL MONUMENT
Q PARCEL NUMBER
0 FND PROPERTY CORNER AS NOTED
POWER POLE PARENT TRACT
PROPOSED ROW LINE N.T.S.
CONCORD ROAD
EXISTING ROW LINE
PROPERTY LINE I ��
SURVEY LINE P.O.B. 18 W
COUNTY LINE PARCEL i8 ANNA MARIE MEDIA o
MAY 9, 2007
CF NO. 20070182J5 tz.,
CALLED 0.46 ACRES OPRJC
TOMAS C. BARBOZA, JR.— di
NOVEMBER 18, 1998
CF NO. 9843111
OPRJC �J
JAMES ROBBINS, el ux
FEBRUARY 7, 2006 t
CF NO. 2006004810
OPPJC CALLED 0.549 ACRES
��
JAMES R. CALLAS
I NOVEMBER 22, 2004
SAGS CF NO. 2004045685
OPRJC
P.O.0 PARCEL 18 A. MII.UAMS SURVEY
FND. 1- I. PIPE ABSTRACT NO. 385
BEARINGS AND DISTANCES SHOWN ENCLOSED IN PARENTHESES ARE CALLED BEARINGS AND DISTANCES
IN THE DESCPIP770N OF THE PARENT 7P,ACT.
SURVEYED FEBRUARY 2009
A PROPEP,7' DESCRIP77ON Or' EVEN DATE
ACCOMPANIES THIS PARCEL PLAT.
�.OP T
t, ,.WHITELEY..
a.. ....
1' r:'�(� EXISTING TAKING REMAIIVING
s s °C `/ ACRES ACRES (S.F.) ACP,ES
PARCEL 1 B,
0.Sag 0.0223/1970) 0.5267
+ARK . WHITELEY ti`I D ASSOCIATES INCORPORATED PARCEL PLOT
TING ENGINEERS, SI-iowilliG
ORS, AND PLANNERS PARCEL 18
m
CONCORD ROAD JEFFERSON COUNTY
F. 0. BOX 5492 3250 EAS'TEX FM.
BEAUMONT, TEXAS 77726-5492 BEAUMONT. TEXAS 77703 SALE I" o 50' APRIL 2.009
409-892-0421 (PAX) 409-092-1346
SHE*T 3 0::' e
EXHIBITS
1621-00 ;A
:77t--i;RO--P- OSED BASELINE-----.---- f N54 30'26"W 1552.99'--.--
-- ----------
-q;
EXISTIN. RIGHT QF VAY=:. -
L
S54*30'261 84.27' N5,1'30*26"IiV 7* PROPOSED RIGHT OF WAY
_I..-162+f37.-1
62-187. -
161 �88.2'11'
A
-1 m
0-
27
r
_7
,0 2 6
4 0-001-T P.O.B. P A Z.Vi 4 0:da-T
2. 1 8
8
Lt� '49 i I
CALLED 0.4 ii ACRES
C
ZA
10MAS C. BARBOZA, JR. CALLED 0.549 ACRES n ANNA 'MARIE MEDIM!%
199 U4_S R..JAh4fS R. CALLAS W%Y 9, 2007
MOVII-MER 18, 1998 a MIiL 2 CF HO. 2007018235
CF M0. 98,13111 NOVFMBER 22 2004 VIPRJC
OpRic —
to Cl: NO. 2004(1456F,!i Of
1.77 r-I
OpRic
c� tc
cl!C•4 cc� to
cli
C7,
m UJ Lj
X to -to
"r) 'inn
JAII ES POMINS, et ux
O
c
t
C5
cr
-7-k s
P.O.C. PAR. 18 -1 o
FN D I
_ 11 3
TRACT I. PIPE
4
S54'26'4r)"L 99.07'
(S,lwl!i3Ool, 100.00')
PARCEL PLAT
UIVE BEARIAIG SHOW11,11c,
PARCEL 18
L N35'15-24-f' 9.78'
LT- 18�--ij, 9.87'- CONCORD ROAD JEFFERSON COUNTY
SCALE 1 50' APF•L 2C,09
SHEET 4 i0l-"
31
February 2009
Parcel 28
Page 'I of 4
EXHIBIT_
County: Jefferson
Highway: Concord Road
Project Limits: East Lucas to US 96, 69, 287
PROPERTY DESCRIPTION FOR PARCEL 28
Being a 0.0256 acre (1114 square feet) of land, situated in the F. Bigner Survey,
Abstract No. 1, out of and part of a tract being called 0.510 acres and having been
conveyed to George Abood, James H. Callas and James R. Callas from Thomas M.
Maes, and wife Rosalea B. Maes, by deed dated April 21, 1982, and being recorded
under Volume 2384 page 76 of the Deed Records of Jefferson County, Texas, said
0.0256 acre of land being more particularly described as follows;
COMMENCING at an 5/8" iron pipe with cap found for the most Northwesterly corner
of the said Abood et al tract and being the most Northeasterly comer of Lot 2, Block
1, of Hawthorn Place Addition, Unit One, being recorded under Volume 7 page 165
of the Map Records of Jefferson County;
.THENCE, SOUTH 15°09'58" WEST along the boundary line between Lot 1, Lot 2 of
the said Hawthorn Place Addition, Unit one, and the Westerly line of the said Abood
et al tract for a distance of 179.41 feet to a 518" iron rod with cap stamped "City of
Beaumont ROW Monument" set for corner in the proposed Northeasterly right-of-
way line of Concord Road, said point being the POINT OF BEGINNING of the parcel
herein described and said corner also being the beginning of a curve turning to the
right having a radius of 2440.00 feet and being subtended by a chord bearing
SOUTH 54 03736" EAST having a chord length of 10.14 feet;
1) THENCE SOUTHEASTERLY, along and with said curve, for an arc length of 10.14
feet to a scribed "x" in concrete set for corner in the proposed Northeasterly right-of-
way line of Concord Road;
2) THENCE, SOUTH 54 030'26" EAST, along the proposed Northeasterly right-of-way
line of Concord Road for a distance of 91.47 feet to a 5/8" iron rod with cap stamped
"City of Beaumont ROW Monument" set for corner in the proposed Northeasterly
right-of-way line of Concord Road, said corner being in the Easterly line of the said
Abood et al tract and also said corner being in the Westerly line of a tract, being
known as Tract 6, having been conveyed to The Tucker Family Limited Partnership
from Martha L. Tucker by deed dated September 3, 1993, and being recorded under
Film Code No. 105-03-0899 of the Official Public Records of Jefferson County,
Texas;
EXHIBIT 'D'
I
32
February 2009
Parcel 28
Page 2 of 4
EXHIBIT
3) THENCE, SOUTH 14 032'22" WEST, along the boundary line between the said
Abood et al tract and the said Tucker Family Limited Partnership tract for a distance
of 11.68 feet to a point for corner in the existing Northeasterly right-of-way line of
Concord Road, said corner being the most Southeasterly corner of the said Abood et
al tract and said corner also being the most Southwesterly corner of the said Tucker
Family Limited Partnership tract;
4) THENCE, NORTH 54°33'44" WEST, along the existing Northeasterly right-of-way
line of Concord Road for a distance of 101.71 feet to a point for corner in the existing
Northeasterly right-of-way line of Concord Road, said point being the most
Southwesterly corner of the said Abood et al tract and also said point being the
South comer of Lot 1 of said Hawthorn Place Addition, Unit One, having been
conveyed to Dovie Louise Davis from George Abood by deed dated September 18,
1990, and being recorded under Film Code No. 103-35-0506 of the Official Public
Records of Jefferson County, Texas;
5) THENCE NORTH 15°10'01" EAST, along the boundary line between the said Davis
Tract and the said Abood et al tract for a distance of 11.72 feet to .the POINT OF
BEGINNING and containing 0.0256 acre (1114 square feet) of land.
A parcel plat of even date accompanies this property description.
I, Mark W. Whiteley, Registered Professional Land Surveyor No. 3636, in the State of
Texas, do hereby certify that the above field notes correctly reflect an actual survey
made under my supervision and the limits, boundaries and corners are truly shown just
as found at the time of the survey.
Surveyed February 2009
GIVEN UNDER MY HAND AND SEAL THIS THE DAY OF FEBRUARY 2009.
O F TF
:G15TE4•. .T'
Mark W. Whiteley, RPLS #3636 5� �
30
LEGEND
■ SET 5/8' 1.R. WITH CAP STAMPED 'CITY OF BEAUMONT ROW MONUMENT'
® SET SCRIBED 'X' IN CONCRTETE
6 TXDOT CONTROL MONUMENT
Q PARCEL NUMBER
p FND PROPERTY CORNER AS NOTED
POWER POLE
PROPOSED ROW LINE P•O.0 PARCEL 28
FND 5/8'
EXISTING ROW LINE L ROD
PROPERTY LINE LOT
L HAWTHORN PLACE AD0117ON TRACT 6
SURVEY LINE UNIT w THE TUCKER FAMILY
LIMITED PARTNERSHIP
VOL. 1 PG. 165 CALL 0,£5£180 ACRES SEPTEMBERS 3 1993
COUNTY LINE MRJC �H. CACLAS fC. NO. 10
JAMS R: CALLAS
LOUT 1 APL 21, 1982
FNOppR33I 18 D1pD6 VOL. 2 J�CPG. 76
f
P.O.B.
PARCEL 28 g
CONCORD ROAD
PARENT TRACT
N.T.S.
NOTES:
EXISTING AND REMAINING AREAS SHOWN ARE APPROXIMATE. ALL BEARINGS SHOWN ARE BASED ON THE TEXAS STATE
PLANE COORDINATE SYSTEM, SOUTH CENTRAL ZONE, NORTH AMERICAN DATUM OF 1983 (NAD 83), 1993 ADJUSTMENT.
ALL DISTANCES AND COORDINATES.SHOWN ARE SURFACE AND MAY BE CONVERTED TO GRID BY DIVIDING BY A
COMBINED ADJUSTMENT FACTOR OF .
BEARINGS AND DISTANCES SHOWN ENCLOSED IN PARENTHESES ARE CALLED BEARINGS AND DISTANCES
IN THE DESCRIPTION OF THE PARENT TRACT
SURVEYED FEBRUARY 2009
A PROPERTY DESCRIPTION OF EVEN DATE
ACCOMPANIES THIS PARCEL PLAT.
co
A` �G•
• T e`rF-F
• EXISTING TAKING REMAINING
v Y••• ACRES ACRES/(S.F.) ACRES
i 9•'•0 Fess�0: 0. 51O 0,0256/(1114)PARCEL 28, 0. 4844
MARK W. WHITELEY tiG••S UR��
AND ASSOCIATES
. INCORPORATED PARCEL PLAT
—4 CONSULTING ENGINEERS, SHOWING
SURVEYORS, AND PLANNERS PARCEL 28
CONCORD ROAD jLrFERSON COUNTY
P. 0. BOX 5492 3250 EASTEX FRTrY.
BEAUMONT, TEXAS 77726-5492 BEAUMONT, TEXAS 77703 �E3RUARY -=Z009 .:
409-892-0421 (FAX) 409-892-1346 SCALE I" = 50'
SHEET 3 OF 4
EXHIBIT "E"
p,St
LOT 3
r
SON
0
m
P.O.C. PAR. 28'1 ''-61-
LOT 2
FND 5/8" a
HAWTHORN PLACE ADDITION I. ROD�
UNIT ONE
VOL. 7 PG. 165 r- cjl CALLED 0.510 ACRES
MRJC GEORGE ABOOD TRACT fi
o JAMES H. CALLAS THE TUCKER FAMILY
JAMES R.
o CAA
198 EMP 1T PARTNER HIP APRIL 21, 3" 1
93
LOT 1 VOL. 2384 PG. 76— FC. NO. 105-03-0899
DOVIE LOUISE DAVIS______-_ � DRJC- 1
SEPTEMBER 18, 1990 pi9 \ OPf2JC
FC. NO. 103-35-C
06
m OPRJC N WER C C� E
L— P S 'W ES SkkATI OF
X 17t+09.03 oLg �as�s�or�ac��aNk �?}
-=40.00RTj o Q
W _-- PO.B. PAR. 28
--1 -----___ --�___� 28 I 40.5!9 R T
,n —� S54'30'26"E 91.47' PROPOSED RIGHT OF WAY
.. R D .
-----C 0 I V C 0 R D ROAD—D— ll51'33 44 W 101.71– -
- �. (N51'12'00"w 1 02.00') E`�Tlt� R G OF WRY-_
JPROPOSED BAS LINE � ==----_-= y
a 170+00— , I\
_ N54'30'26"W 1552.99'
CURVE RADIUS _ I ARC LENGTfI CHORD LENGTH RD BEARING DELTA ANGLE
- --- _
C 1 244... 10.14' 10.14' S54'37'3i6 E 00'14'17"
CI STARVE DATA - PARCEL PLAT
PI 5*53' 704 99.06 L.INF_ BEARING DISTANCE
D-05°53'33" _ SHOWING
R2400.0000' L1 _S14'32.22V --- 11.68' PARCEL 28
T123.5202' L2 - N 15'10'01"E~ 1 1.72'
L246.f3227' - CONCORD ROAD JEFFERSON COUNTY
CH246.7135'
D02°23'14" SCALE 1" = 50' FEBRUARY 2009
SHEET 4 OF 4 w
RICH WITH OPPORTUNITY
BEA,UMON*
T * E * X * A * S
REGULAR MEETING OF THE CITY COUNCIL
COUNCIL CHAMBERS MAY 25,2010 1:30 P.M.
AGENDA
CALL TO ORDER
* Invocation Pledge Roll Call
* Presentations and Recognition:
* Public Comment: Persons may speak on scheduled agenda items 1-2/Consent
Agenda
* Consent Agenda
GENERAL BUSINESS
1. Consider authorizing the City Manager to execute a Relocation Agreement with
Qwest Communication Company,LLC within the limits of the Calder Street
Project
2. Consider authorizing the City Manager to increase the Surface Water Treatment
Plant Improvement Phase I Project for"extra work"
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:
Eric Kvarme,Derrick Wayne Fowler,Douglas Kibodeaux and Rebecca
Chism vs. The City of Beaumont,Texas and The Civil Service
Commission of 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
May 25,2010
Consider authorizing the City Manager to execute a Relocation Agreement with Qwest
Communication Company, LLC within the limits of the Calder Street Project
RICH WITH OPPORTUNITY City Council Agenda Item BEA,UMON*
T - E - R - A - S
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Tom Warner, Director of Public Works
MEETING DATE: May 25, 2010
REQUESTED ACTION: City Council authorize the City Manager to execute a
Relocation Agreement with Qwest Communication
Company, LLC.
RECOMMENDATION
The Administration recommends City Council authorize the City Manager to execute a
Relocation Agreement with Qwest Communication Company, LLC for the relocation of a fiber
optic communication line within the limits of the Calder Street Project.
BACKGROUND
Qwest Communication Company owns a fiber optic communication line along IH-10 East-bound
Frontage Road. The communication line is in conflict with the proposed concrete box culverts
under Calder Street at the intersection of Calder and 111-10 East-bound Frontage Road. Qwest
Communication Company will conduct the engineering, design,procurement of materials,
construction and relocations of their communication line to accommodate phase III of the Calder
Project. The City will be responsible for reimbursing Qwest Communication Company for all
costs associated with this work in the estimated amount of$183,063.03.
Qwest Communication Company is requesting the City enter into a Relocation Agreement
outlining the responsibilities of each party. A copy of the proposed agreement is attached.
BUDGETARY IMPACT
Funds are available in the Capital Program.
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF BEAUMONT:
THAT the City Manager be and he is hereby authorized to execute a Relocation
Agreement with Qwest Communication Company, LLC, for the relocation of a fiber optic
communication line within the limits of the Calder Street Project. 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 Beaumontthis the 25th day of May,
2010.
- Mayor Becky Ames -
RELOCATION AGREEMENT
THIS RELOCATION AGREEMENT ("Agreement"), is made and entered
into as of the day of , 2010, by and between the City of Beaumont, Texas,
having an office at , hereinafter referred to as the`Agency" and
Qwest Communications Company,LLC, having an office at 1801 California Street,
Floor 26, Denver, Colorado 80202, hereinafter referred to as the"Company."
WITNESSETH:
WHEREAS, Company owns and operates a communications conduit system (the
"Facilities") along and upon the right of way at the location construction of Calder
Avenue Sewer more fully described in Exhibit A, which is attached hereto and
incorporated herein by this reference(the"Right Of Way"); and
WHEREAS, other communications companies (the "Cooperating Carriers")
also have interests in communications conduit systems along and upon the Right of Way;
and
WHEREAS, the Agency is preparing plans, specifications and estimates of costs
of constructing its own facilities in the Right Of Way, and has determined that the
facilities of Company and the other communications companies must be relocated to
accommodate the construction activities of Agency; and
WHEREAS, Company and the Cooperating Carriers will enter into a Joint
Relocation Agreement whereby Company has been authorized to act as the lead carrier to
coordinate relocation and to secure reimbursement from the Agency for relocation of
facilities for the cost Company incurs for relocation of facilities; and
WHEREAS, Company and Agency have reached an agreement for
reimbursement of the costs of such relocation that will separately be incurred by
Company("Exhibit B, Estimate of Relocation Cost").
NOW, THEREFORE, in consideration of the foregoing, and for other good and
sufficient consideration, the receipt and sufficiency of which are hereby acknowledged, it
is agreed by and between the parties as follows:
1. The Company shall relocate the communications conduit systems owned
by Company and the Cooperating Carriers (collectively the "Carrier Facilities") in the
Right Of Way. A substitute location for the communications facilities, and the materials
and methods used in the relocation, are subject to the prior review and approval by
Owner. The Company shall not perform any construction until authorized in writing by
both the Agency and the owner of the Right Of Way (the "Owner", Burlington Northern
Santa Fe Railroad.).
EXHIBIT "A"
hAtori\agreement\relo_gov
2. The Company will notify Agency's Project Engineer by telephone at least
twenty-four(24)hours before beginning any work covered by this Agreement.
3. Agency's Project Engineer shall keep a daily record of all work performed.
Such daily record shall be maintained in duplicate, and shall be signed by Agency's
Project Engineer and Company's authorized representative.
4. Agency shall reimburse Company for all costs incurred by Company in
relocating the Carrier Facilities. A non-binding estimate of the costs to be incurred is set
forth in Exhibit B, which is attached hereto and incorporated herein by this reference.
Before authorizing any additional charge in excess of the $183,063.03, Company shall
obtain the written consent from Agency, which shall not be unreasonably withheld.
Company shall have the right to approve charges which are equal to or less than the
foregoing amounts to the extent that Company reasonably deems such changes to be
necessary, including, without limitation, changes required to comply with applicable
local, state or federal laws, rules or regulations.
5. Company will make its contractor aware of the need for the Company to
coordinate performance of the work with the Agency. Agency acknowledges that
Company's construction schedule, flagging, protection and right of entry is controlled by
the Owner and denial of access to the right of way for performance of such work by
Owner shall be deemed an event of"force majeure."
6. The Company shall submit itemized bills covering the actual costs
incurred for performing the work covered herein, together with supporting
documentation. Agency agrees to pay the full amount within forty-five days following
receipt of each bill.
7. If any action is brought to enforce the terms of this Agreement, whether in
arbitration or in litigation, the prevailing party shall be entitled to recover its reasonable
attorney fees and costs of such action, in addition any other remedy to which it may be
entitled.
8. All disputes arising out of or related to this Agreement shall be determined
and resolved by arbitration in Beaumont, Texas, in accordance with the Commercial
Arbitration Rules of the American Arbitration Association (AAA"). The arbitrators shall
be appointed in accordance with the rules then prevailing of the AAA.
2
h:\torAagreement\re1o_gov
9. This Agreement constitutes the entire agreement of the parties with respect
to the subject matters hereof, and supersedes any and all prior negotiations,understanding
and agreements with respect hereto, whether oral or written.
Qwest Communications Company, LLC City of Beaumont, Texas
By: By:
Name: Name:
Title: Title:
Date: Date:
3
Btori\agreement\relc gov
EXHIBIT A
DESCRIPTION OF THE RIGHT OF WAY
The City of Beaumont is upgrading Calder Avenue Sewer system in Beaumont, Texas.
Qwest proposes to directional bore Qwest system along Texas Department of
Transportation along HI-10 frontage road. Qwest proposes a new bore from Qwest Sta. #
298+00 to Sta. #463+30 replacing the(4) 1.5" conduits. Qwest also proposes to place a
split handhole on the west end of bore to capture the existing duct, tie into the existing
handhole on the east side of the bore and pull new fiber from the splice point at sta. #
260+54 near Hollywood Ave over to s lice int at Sta.#463+30 on Pine Street.
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++4
4
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EXHIBIT B
NON-BINDING ESTIMATE OF RELOCATION COSTS
This estimate is based upon the prices of materials and labor current as of the date of said
estimate. The estimate does not account for increases due to unknown and unforeseen
circumstances in accomplishing the work or increases in materials or labor after the date
of this estimates. Reimbursement shall not be limited by this non-binding estimate:
NON-BINDING COST ESTIMATE 05/04/10
Project Name Calder Ave.Storm Sewer Project
Project Location Beatimont,Tx
Estimated
Cost Detail of OSP FOC and Splicing Quantity UOM Cost
Material Cost(Owest Supplied)
OSP Materials 0.00
Splice Materials 500.00
Fiber Optic Cable(FOC) 23,000 if 69,000.00
maim
Shipping on Materials&FOC
Shipping 890 mi 1,201.50
r 4rA-
Taxes on Materials&FOC
Taxes on Materials and FOC 5,212.50
tom .'
External Labor Costs
External OSP Construction Costs(Labor&All Remaining Materials) 54,465.60
External Splicing Costs 24,465.15
Engineering Contractor If 12,710.00
Inspection Services/Redlines s 3,735.00
Other Fees Including Permit&Right of Way Costs
Railroad ROW fees 0.00
Private ROW fees 0.00
Miscellaneous ROW fees 0.00
Splicing 0.00
0 0.00
0 0.00
0 0.00
0 0.00
Internal Labor&Flagging Costs
Field Support Construction 60 hB 4,681.20
Field Operations Construction Support hm 0.00
Field Support Engineering&Permitting hre 0.00
Field Support Splicing(from SFP) 24 h. 1,872.48
Field Operations Splicing Support(from SFP) 24 his 1,286.40
Testing&Acceptance Support(from SFP) hre 0.00
Fiber Planning his 0.00
Project Analysts 16 hB 1,357.60
Optical Fiber Management(OFM) 8 hre 678.80
CAD 24 hre 1,218.00
Fiberbase 8 hre 678.80
Fiber LeasinglContracts hre 0.00
Railroad Flagging days 0.00
TOTAL ESTIMATED COST TO AGENCY IS $183,063.03
5
hAtori\agreement\relo_gov
2
May 25,2010
Consider authorizing the City Manager to increase the Surface Water Treatment Plant
Improvement Phase I Project for"extra work"
RICH WITH OPPORTUNITY
IIEA,UMON*
T • E 9 x - A • s City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Dr. Hani J. Tohme, Water Utilities Director 41(
MEETING DATE: May 25, 2010
REQUESTED ACTION: Council approval of a resolution authorizing the City
Manager to increase the Proposed Surface Water Treatment
Plant Improvements Phase I Project for"extra work".
RECOMMENDATION
The Administration recommends approval of increasing the Proposed Surface Water Treatment
Plant Improvements Phase I Project by $155,026.00. The proposed changes to the contract will
upgrade the Operations Building windows and doors to hurricane rating, install concrete barriers
at east side of Plant, install epoxy coating liner on Mixed Water Channel floor and walls, install 10
concrete perimeter barriers between fence and filter structure, install concrete perimeter barriers
at north end of Plant, install concrete perimeter barriers at Lawsons Canal Bridge on Marina
Drive, and revise airlines at the pulsator sludge valves. The proposed changes will increase the
contract time by 44 calendar days. The additional days increases the total contract time to 794
calendar days. The proposed extra work will represent an increase of 1.93% of the original
contract amount and a total increase of 10.33% of the original contract.
BACKGROUND
This project is the construction phase of the improvements at the Water Treatment Plant including
renovating the pulsators, and building new chlorine and chemical feed facilities. The pulsators
were originally sedimentation basins constructed in 1948. During the 1980's, the basins were
converted into the pulsators. The project will repair the numerous cracks in the reinforced
concrete walls and floors. The number of cracks in the walls is more severe than previously
determined during the design phase of the project. The bid quantities for the cracks on the project
were set up for all three pulsators, however the quantities were reached in the first pulsator.
The project will include miscellaneous mechanical and electrical improvements including a
building with provisions for two (2) 150OKW Caterpillar generators. The generators were
Surface Water Treatment Plant Improvements Phase I Project
May 25, 2010
Page 2 of 2
pre-purchased by the City due to the long lead delivery time and were delivered in January 2009.
The changes will improve the future operation, provide emergency backup power, increase the
efficiency of the Water Treatment Plant, and help the City meet required State and Federal
regulations.
Previous actions include:
Resolution 08-137 in the amount of$8,041,191.50 was passed by City Council on May 6, 2008.
Resolution 08-351 in the amount of$239,066.95 was passed by City Council on
December 23, 2008.
Resolution 09-040 in the amount of$26,195.75 was passed by City Council on
February 10, 2009.
Resolution 09-209 in the amount of$209,871.72 was passed by City Council on July 14, 2009.
Resolution 10-012 in the amount of$200,207.75 was passed by City Council on
January 19, 2010.
This Change Order is recommended for approval by the City Manager and the Water Utilities
Director.
BUDGETARY IMPACT
Funds for the project are available in the Capital Program.
APPROVAL OF CONTRACT CHANGE
CHANGE ORDER No.Five
DATE: May 18,2010
PROJECT: City of Beaumont,Teams
Surface Water Treatment Plant Improvements Phase I
OWNER: City of Beaumont,Texas
801 Main Street
Beaumont,Texas 77704
CONTRACTOR: Allco,Inc.
6720 College Sheet
Beaumont,Texas 77707
TO THE OWNER: Approval of the following contract change is requested.
Reason for Change:Additional improvements to the project as described below.
ORIGINAL CONTRACT AMOUNT: S 8,041,191.50
THIS CHANGE ORDER
Descriotion: Net Change
Upgrade Operations Building windows and doors to hurricane rating $ 36,724.00
Ref:PCM-015
Instal concrete perimeter barriers at east side of Plant $ 7,928.00
Ref CMR-031A
Install epoxy coating liner on Muted Water Channel floor and walls $ 69,549.00
Ref CUR-041A
Install 10 concrete perimeter barriers between fence and filter structure S 16,499.00
Ref CMR-043
Install concrete perimeter barriers at north end of Plant S 7,563.00
Ref: CMR-043A
Install concrete perimeter barriers at Lawsons Canal Bridge on Marina Drive S 14,657.00
Ref: CMR-043B
Revise au lines at the pulsator sludge valves $ 2,106.00
Ref.PCM-023
TOTAL AMOUNT OF THIS CHANGE ORDER S 15.1r p26,80
TOTAL AMOUNT OF PREVIOUS CHANGE ORDERS S 675342.17
TOTAL REVISED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER: $ 8,871,559.67
CONTRACT TIME 465 Calendar Days
Additional Contract Time From Previous Change Orders: 285 Calendar Days
Additional Time Requested: 0 Calendar Days
Revised Contract Time per this Change Order: 44 Calendar Days
Total Additional Time: 329 Calendar Days
Revised Contract Time: 794 Cakadar Days
CONDITION OF CHANGE:
"Contractor acknowledges and agrees that the adjustments in contract price and contract time stipulated in this Change Order
represents full compenaation for all increases and decreases in the coat of;and the time required to perform the entire work under the
Contract arising directly or indirectly from this Change Order and all previous Change Orders.Acceptance of this waiver constitutes
an agreement between Owner and Contractor that the Change Order represents small inclusive,mutually agreed upon adjustment to
the Contract,and that Contractor will waive all rights to file a claim on this Change Order after it is properly executed."
Recommended by: Approved by. Accepted by_
Freese and Nichols,Inc. City of Beaumont Allco,Inc.
Engineer Owner Contractor
Date: Date: Date:
d ��*+"snrrrrm.
RESOLUTION NO.
WHEREAS, on May 6, 2008, the City Council of the City of Beaumont, Texas,
passed Resolution No. 08-137 awarding a contract in the amount of $8,041,191.50 to
Allco, Ltd., Beaumont, Texas, for the Proposed Surface Water Treatment Plant
Improvements Phase I Project; and,
WHEREAS, Change Order No. 1 in the amount of $239,066.95 was required to
furnish labor, equipment and material to install a new alum tank, the removal and disposal
of deteriorated existing precast pipe supports, and furnish labor, equipment and material
to install stainless steel pipe supports for each of the three(3)pulsators,thereby increasing
the contract amount to $8,280,258.45; and
WHEREAS, Change Order No. 2 in the amount of $26,195.75 was required to
increase the pulsator concrete and crack repairs in excess of bid quantities in Pulsator#2,
including labor and materials, thereby increasing the contract amount to $8,306,454.20;
and
WHEREAS, Change Order No. 3 in the amount of $209,871.72 was required to
demolish electric manhole duct banks, change PVC conduit to Rigid Galvanized Steel
conduit at Electric Building, remove abandoned 24-inch pipeline, install handrails at
Pulsator raw water channel, provide emergency power for SCADA transmitter, replace (2)
48-inch flow meters with (2) 36-inch flow meters with adaptors for accuracy, upgrade all
windows and doors in Chemical Building to Hurricane rated, install new duct bank from
electric manhole to switch rack, place PatchCrete wainscoat overexposed concrete block
at Chemical Building, install Chemical Building roof drain line to existing catch basin,
replace existing 4x4 wooden chlorine ton container runners with 40 lb. steel rail, sample
pump modifications to submersible pumps in lieu of centrifugal pumps, repair leakage and
concrete damage to the walls of the existing Mixed Water Channel, including repair of
through-the-wall cracks with Combiflex, epoxy injection of 562 linear feet of cracks and
sandblasting and coating of the exterior of the channel at Pulsators 1, 2, and 3, replace
trolley hoist for Chemical Building, install electric manhole EMH-7, paint the external
Vacuum Chamber structures for Pulsators 1, 2, and 3, and additional 900 linear feet of 4-
inch electrical PVC electrical installation to Administration Building from electrical
switchgear manhole, thereby increasing the contract amount to $8,516,325.92; and
WHEREAS, Change Order No. 4 in the amount of $200,207.75 was required to
furnish and install stairs and platforms for the new generators, weld monorail joints in the
Chlorine Building, provide concrete paving around the Electrical Building, clean and re-
caulk joints on the 5 MG clearwell cap, install ladders and step platforms in the meter vault,
install a 6-inch liner wall at the mixed water channel, replace (2) magna drives at the
backwash pumps, install a 3-inch PVC chlorine solution line from Chemical Building to the
Filter Building, add PVC expansion joints on wash lines in the Pulsator Basins, pulsator
concrete and crack repairs in excess of bid quantities in Pulsator#3 (including labor and
materials), reconfigure chemical metering pump piping,and upgrade electrical to the Radio
Building and Metal Storage Building, thereby increasing the contract amount o
$8,716,533.67; and
WHEREAS, Change Order No. 5 in the amount of $155,026.00 is required to
upgrade the Operations Building windows and doors to hurricane rating, install concrete
barriers at east side of Plant, install epoxy coating liner on Mixed Water Channel floor and
walls, install 10 concrete perimeter barriers between fence and filter structure, install
concrete perimeter barriers at north end of Plant, install concrete perimeter barriers at
Lawsons Canal Bridge on Marina Drive, and revise airlines at the pulsator sludge valves,
thereby increasing the contract amount to $8871,559.67;
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the City Manager is hereby authorized to execute Change Order No. 5 to the
Proposed Surface Water Treatment Plant Improvements Phase I Project in the amount of
$155,026.00, thereby increasing the contract amount to $8,871,559.67.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 25th day of
May, 2010.
- Mayor Becky Ames -
I