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HomeMy WebLinkAboutPACKET JUN 22 2010 RICH WITH OPPORTUNITY IIEA,111�ICIIII T - E - X - A - S REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS JUNE 22, 2010 1:30 P.M. CONSENT AGENDA * Approval of minutes - June 15, 2010 * Confirmation of committee appointments A) Approve a resolution authorizing the acquisition of property for the Concord Road Pavement Widening Project A RICH WITH OPPORTUNITY 11CM A,11 1�1 C1 1"0( T • E • x • A • s City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager 'f VD PREPARED BY: Tom Warner, Director of Public Works MEETING DATE: June 22, 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 owners of the property listed below, have agreed to convey their property to the City: Parcel #14 0.0198 acre out of Lot 27, Block 3, French Heights Addition (5210 Concord Road) Value: $3,500.00 Owners: Luther Gary Simmons and Elizabeth Louise Simmons BUDGETARYIMPACT Funds are available in the Capital Program. engsimmons-ib.wpd 11 June 2010 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 #14 0.0198 acre out of Lot 27, Block 3, French Heights Addition (5210 Concord Road) Value: $3,500.00 Owners: Luther Gary Simmons and Elizabeth Louise Simmons 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 22nd day of June, 2010. - Mayor Becky Ames - I April 2009 Parcel 14 Page 1 of 4 EXHIBIT_ County: Jefferson Highway: Concord Road Project Limits: East Lucas to US 96, 69, 287 PROPERTY DESCRIPTION FOR PARCEL 14 Being a 0.0198 acre (863 square feet) of land, situated in the A. Williams League, Abstract No. 385, and being out of and part of Lot 27, Block 3 of the French Heights Subdivision recorded in Volume 6, Page 61 of the Map Records of Jefferson County, Texas, also being out of and part that certain tract of land having been conveyed to Luther Gary Simmons and Elizabeth Louise Simmons from Theda M. Simmons by deed dated July 28, 2006 recorded under Clerk's File No. 2006029217 of the Real Property Records of Jefferson County, Texas, said 0.0198 acre (863 square feet) of land being more particularly described as follows; COMMENCING at a 5/8" iron rod found for the North corner of that certain called 0.919 acre tract of land having been conveyed to Ann Marie Medina from Michael Wirfs and Susan Wirfs by deed dated February 8, 2007 recorded under Clerk's File No. 2007005515 of the Real Property Records of Jefferson County, Texas; THENCE, SOUTH 35°37'12" WEST along the Northwesterly line of the said 0.919 acre Medina tract and the Southeasterly line of that certain tract of land having been conveyed to Mike Taweel and wife, Eula Lee Taweel from L. O. Roedahl by deed dated January 18, 1954 recorded under Volume 921 page 513 of the Deed Records of Jefferson County, Texas for a distance of 190.54 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; THENCE, SOUTH 54°30'26" EAST, along the proposed Northeasterly right-of-way line of Concord Road for a distance of 200.42 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, and the POINT OF BEGINNING of the parcel herein described, said point being in the Southeasterly line of the said 0.919 acre Medina tract and in the Northwesterly line of the said Simmons tract; 1 ) THENCE, SOUTH 54 030'26" EAST continuing along the proposed Northeasterly right-of-way line of Concord Road for a distance of 86.22 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 point being in the Southeast line of the said Simmons tract and in the Northwest line of that certain tract of land having been conveyed to Donald I. Nelson and Paula K. Doyle from Theda M. Simmons by deed dated February 26, 1997 recorded under Clerk's File No. 9705170 of the Real Property Records of Jefferson County, Texas; EXHIBIT "A" April 2009 Parcel 14 Page 2 of 4 EXHIBIT 2) THENCE, SOUTH 35 029'48" WEST, along Southeast line of the said Simmons tract and the Northwest line of said Nelson et al tract for a distance of 9.97 feet to a point for corner in the existing Northeast right-of-way line of Concord Road, said point being the most Southerly corner of the said Simmons tract and the most Westerly corner of the said Nelson et al tract, and from said point a 1/2" iron rod found bears NORTH 35 029'48" EAST a distance of 0.46 feet; 3) THENCE, NORTH 54 033'44" WEST, along the existing Northeast right-of-way line of Concord Road for a distance of 86.21 feet to a point for corner, said point being the most Westerly corner of the said Simmons tract and said point being the most Southerly corner of the said 0.919 acre Medina tract, and from said point a 3/4" iron rod found in concrete bears NORTH 35°28'36" EAST a distance of 0.49 feet; 4) THENCE, NORTH 35 028'36" EAST, along the Southeasterly line of the said 0.919 acre Medina tract and along the Northwest line of the said Simmons tract for a distance of 10.05 feet to the POINT OF BEGINNING and containing 0.0198 acre (863 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 y GIVEN UNDER MY HAND AND SEAL THIS THE 21 DAY OF APRIL 2009. Mark W. Whiteley, RPLS #3636 LEGEND ■ SET 5/8" I. R. WITH CAP STAMPED " CITY OF BEAUMONT ROW MONUMENT- 0 TXD❑T CONTROL MONUMENT 8 PARCEL NUMBER 0 FND PROPERTY CORNER AS NOTED A. WILLIAMS SURVEY POWER POLE ABSTRACT NO. 385 PROPOSED ROW LINE EXISTING ROW LINE PROPERTY LINE SURVEY LINE COUNTY LINE LUTHUR GARY SIMMONS, et ux P.O.C. PAR 14 JULY 28, 2006 FND 518-L ROD CF NO. 2006029217 OPRJC 2 CALLED 0.919 ACRES amj 2: ANN MARIE MEDINA FEBRUARY 8, 2007 DONALD I. NELSON, et of CF NO. 2007005515 FEBRUARY 26, 1997 OPRJC CF NO. 9705170 OPRJC P.O.B. PAR 14 14 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. r � J Y rf EXISTING TAKING REMAINING ACRES ACRES/(S.F.) ACRES PARCEL 14, :r MARK W. WHITELEY 0. 4936 0. 0198/(863) 0. 4741 I .� AND ASSOCIATES INCORPORATED PARCEL PLAT CONSULTING ENGINEERS, SHOWING E2 SURVEYORS, AND PLANNERS PARCEL 14 f. CONCORD ROAD JEFFERSON COUNTY P. 0. BOX 5492 3250 EASTEX FRWY. BEAUMONT, TEXAS 77726-5492 BEAUMONT, 409-892-0421 (FAX) 4C ;ALE 1 " = 50' APRIL 2009 EXHIBIT `B' SHEET 3 OF 4 S54-34('2'1"E 86.30' P.O.C. PAR. 14 FND 5/8 I. ROD 0 O N O 0 ° ``' LUTHUR GARY SIMMONS, et ux � ° DONALD I. NELSON, et of CALLED 0.919 ACRES ° � JULY 28, 2006 co ° FEBRUARY 26, 1997 ANN MARIE MEDINA 00 CF NO. 2006029217 `rte CF NO. 9705170 FEBRUARY 8, 2007 OPRJC OPRJC N CF NO. 2007005515 Ln X OPRJC z cn 2 Oo Ln --I cn �j 14 13 P.O.B. PAR. 17 17 —� 1 162+10,15 61+23.90 40.00RT — 40.00RT 554'30'26"E 200.42' " -"— PROPOSED RIGHT OF' WAY S54'30 26 E 86.22 - -� - -- - - FND 314 ll I. ROD IN CONC.- N54°3344 0W0, 86.21— -EXISTING RIGHT OF WAY- - - - N35°28'36"E 0.49' -( �----- ���_--- -- --- - -1 63+00 - - — —FND 112 I. ROD BEARS -------------------- N35'29'48"E 0.46' ---- --- -------PROPIOrSED BASELINE—N54'30'26"W 1552.99'---.-_--_ PARCEL PLAT CONCORD ROA�� sH PAR CEL 14 [LINE BEARING DISTANCE CONCORD ROAD JEFFERSON COUNTY L 1 535'29'48V 9.97' L2 N,35'28'36"E 10.05' SCALE I " = 50' APRIL 2009 SHEET 4 OF 4 RICH WITH OPPORTUNITY 11EA,U1�1U111T T - E • X - A - S REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS JUNE 22, 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 1-4/Consent Agenda * Consent Agenda GENERAL BUSINESS 1. Consider authorizing the City Manager to apply for and receive funds for equipment,technology,training and overtime through the U.S. Department of Justice (Community Oriented Policing Services - 2010 Child Sexual Predator Program) 2. Consider approving a contract for renovations to the Civic Center kitchen 3. Consider approving Change Order No. 1 for the Fannin Street Drainage Improvement Project 4. Consider authorizing the City Manager to execute a letter agreement with Union Pacific Railroad for the acquisition of property for the new Amtrak Station PUBLIC HEARING * Receive comments related to 4525 Abraham Street 5. Consider approving an ordinance to demolish the structure at 4525 Abraham Street without further notification to the property owner if the property owner fails to comply within ten (10) 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: Jay Brocato and wife, Valerie Brocato, Individually and As Next Friends of Macy Brocato, A Minor Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact Mitchell Normand at 880-3777 three days prior to the meeting. 1 June 22,2010 Consider authorizing the City Manager to apply for and receive funds for equipment, technology, training and overtime through the U.S. Department of Justice (Community Oriented Policing Services - 2010 Child Sexual Predator Program) RICH WITH OPPORTUNITY 17C A► � T • E • X • A • s City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Frank C. Coffin, Jr., Chief of Police MEETING DATE: June 22, 2010 REQUESTED ACTION: Council consider authorizing the City Manager to apply for and receive up to $256,010 for equipment, technology, training and overtime through the U.S. Department of Justice Community Oriented Policing Services (COPS) 2010 Child Sexual Predator Program. RECOMMENDATION Administration recommends approval. BACKGROUND The Child Sexual Predator Program grant is administered through the U.S. Department of Justice Community Oriented Policing Services (COPS) office. The grant is by invitation only, and the Beaumont Police Department was invited by the U.S. Attorney's office to participate in the 2010 funding opportunity. The goal of the grant is to provide law enforcement with state-of- the-art training, equipment and overtime to reduce child endangerment. The funding will allow Beaumont the opportunity to establish and enhance strategies to locate, arrest, and prosecute child sexual predators, as well as enforce state sex offender registration laws. The Beaumont Police Department will coordinate activities with local, state and federal agencies. There is no local match requirement. BUDGETARY IMPACT None. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to apply for and receive up to $256,010 for equipment, technology, training and overtime costs through the U.S. Department of Justice Community Oriented Policing Services (COPS) 2010 Child Sexual Predator Program. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 22nd day of June, 2010. - Mayor Becky Ames - 2 June 22,2010 Consider approving a contract for renovations to the Civic Center kitchen RICH WITH OPPORTUNITY r T • E • X • A • S City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tom Warner, for of Public Works MEETING DATE: June 22, 2010 REQUESTED ACTION: Council consider a contract for renovations to the Civic Center kitchen. RECOMMENDATION Administration recommends the award of a contract to Centerline Construction Services, Inc., of Beaumont, in the amount of$198,172. BACKGROUND Bids were solicited for renovations to the commercial kitchen located in the Civic Center. The kitchen built during the construction of the building in 1979 has not been updated since it was constructed. Proposed improvements include demolishing the restrooms adjacent to the kitchen so that the kitchen can be enlarged, installing new stainless steel countertops and sinks, installing new grease resistant ceilings and floors, and installing new lighting. The enlarged kitchen will provide additional storage and food prep areas. The following bids were received: Contractor Bid McInnis Construction, Silsbee, TX $160,088.00 Centerline Construction Services, Inc., Beaumont, TX $198,172.00 N&T Construction Co., Inc., Beaumont, TX $201,700.00 Cleveco Construction Co., Inc., Lumberton, TX $205,663.00 Bruce's General Construction, Beaumont, TX $210,000.00 HB Neild & Sons, Inc., Beaumont, TX $216,700.00 Brammer Construction, Inc., Nederland, TX $299,674.00 Civic Center Kitchen June 17, 2010 Page 2 The apparent low bidder, McInnis Construction of Silsbee, in June 2009, was awarded the contract to construct the eight (8) new tennis courts at the Athletic Complex. The City and McInnis are currently in discussions regarding their performance on this contract which resulted in the rejection of the tennis courts by the City. Because this issue remains unresolved, award of the Civic Center Kitchen project to the second low bidder is recommended. Centerline Construction has considerable experience in the construction industry. The company plans to subcontract approximately 14% or $27,900 of the project to certified MBE's and HUB vendors. The project should begin in July and must be completed no later than October 1, 2010. On June 8, 2010, City Council approved the purchase of various pieces of new kitchen equipment that will be installed during the renovation. BUDGETARY IMPACT Funds for this project are available in the Capital Program. RESOLUTION NO. WHEREAS, bids were solicited for a contract for renovations to the Civic Center kitchen; and, WHEREAS, Centerline Construction Services, Inc., of Beaumont,Texas,submitted a bid in the amount of $198,172; and, WHEREAS, City Council is of the opinion that the bid submitted by Centerline Construction Services, Inc., should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the bid submitted by Centerline Construction Services, Inc., of Beaumont, Texas, in the amount of $198,172 for a contract for renovations to the Civic Center kitchen be accepted by the City of Beaumont. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 22nd day of June, 2010. - Mayor Becky Ames - 3 June 22,2010 Consider approving Change Order No. I for the Fannin Street Drainage Improvement Project RICH WITH OPPORTUNITY [I 11cm A,[I 1�1 C1 114( T • E • X • A • S City Council Agenda Item TO: City Council FROM: Kyle HayesitManager PREPARED BY: Tom Warner, Director of Public Works MEETING DATE: June 22, 2010 REQUESTED ACTION: Council consider a resolution approving Change Order No. I for the Fannin Street Drainage Improvement Project. RECOMMENDATION The Administration recommends approval of Change Order No. 1 in the amount of$257,361.10, which is required to install new water mains and its appurtenances on Fannin Street from Eleventh to Fourth Street. BACKGROUND On January 19, 2010, City Council awarded Reytec Construction Resources, Inc. the contract for the Project in the amount of$4,992,554.15. Change Order No. 1 is required to add and install new waterlines, fire hydrants, gate valves and fittings, and water service connections to the contract. After construction commenced, the Water Department re-evaluated their infrastructure and determined that replacements were necessary as a part of the street reconstruction. This change order in the amount of$257,361.10 will increase the contract amount to$5,249,915.25. A copy of the change order is attached. BUDGETARY IMPACT Funds are available in the Water and Sewer section of the Capital Program. RICH WITH OPPORTUNITY 1111CMA,111�IU11174( 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: June 22, 2010 REQUESTED ACTION: Council consider a resolution approving Change Order No. 1 for the Fannin Street Drainage Improvement Project. RECOMMENDATION The Administration recommends approval of Change Order No. 1 in the amount of$257,361.10, which is required to install new water mains and its appurtenances on Fannin Street from Eleventh to Fourth Street. BACKGROUND On January 19,2010,City Council awarded Reytec Construction Resources,Inc.the contract for the Project in the amount of$4,992,554.15. Change Order No. 1 is required to add and install new vW waterlines, fire hydrants, gate valves and fittings, and water service connections to the contract. This change order in the amount of $257,361.10 will increase the contract amount to $5,249,9 5.25. A copy of the change order is attached. BUDGETARY IMPACT Funds are available in the G"ital Pr-ogFam. �:6 ,;f�,L�►�-, Grn�M�"`� � S, &-ju- eee 4&,, W`� &?-t 4-IJ- r,{Fr r.•VC nt��EfS�7� b4.f p ✓ C/ Iwo iw CITY OF BEAUMONT • DATE: 02 June 2010 PROJECT: FANNIN STREET DRAINAGE IMPROVEMENT PROJECT OWNER: CITY OF BEAUMONT CONTRACTOR: REYTEC CONSTRUCTION RESOURCES,INC. CHANGE ORDER NO.: 01 Add Construction Items and/or quantities to the Contract: Item Item Ori goal New Unit No. Code Description Unit B Quantity Quantity Price Amount WATER UTLITIES 605 002 FURNISH&INSTALL 10"SCUD 40 STEEL CASING LF 42 0 $40.00 $1,680.00 605 005 FURNISH&INSTALL 10"SCHD 40 STEEL CASING LF 0 50 $77.73 $3,886.50 712 001 TRENCH SAFETY SYSTEM LF 500 0 $1.00 -$500.00 712 002 TRENCH SAFETY SYSTEM LS 0 1 S4,340.00 $4,340.00 808 001 FURNISH&INSTALL FIRE HYDRANT(COMPLETE) EA 0 6 810 001 ( 90 $80.00 S3, 0.00 $21,000.0 FUNISH&INSTALL 6"WATERMAIN PVC C- 0 LF 121 0 $8 -$9,680.00 810 008 FUNISH&INSTALL 6"WATERMAIN PVC(C-900 LF 0 200 $50.00 $10,000.0 810 002 FUNISH&INSTALL 8"WATERMAIN PVC C-900) LF 30 0 $100.00 -$3,000.00 810 009 FUNISH&INSTALL 8"WATERMAIN PVC(C-900) LF 0 4340 $46.50 $201,810.0 810 010 FUNISH&INSTALL 2"WATERMAIN PVC(C-900) LF 0 30 $40.00 810 011 2"SHORT SIDE SERVICE CONNECTION EA 0 4 $1,200.00 S1 0 $4,000.0 810 012 1"LONG SIDE SERVICE CONNECTION EA 0 17 $1,200.0 810 011 6"HYMAX COUPLINGS $20,400.0 EA 0 2 $155.46 $310.92 811 001 6"RESILIENT WEDGE GATE VALVES EA 4 0 $750.00 811 004 6"RESILIENT WEDGE GATE VALVES $3,000.0 EA 0 2 $621.84 $1,243.68 • 811 002 8"RESILIENT WEDGE GATE VALVES EA 1 0 $1,100.0 811 005 8"RESILIENT WEDGE GATE VALVES 51,100.00 EA 0 8 $891.25 $7,130.00 502 001 BARRICADES.SIGNS&TRAFFIC HANDLING MO 14 16 $500.00 $1,000.00 ADD TOTAL AMOUNT $257,361.10 ORIGINAL CONTRACT AMOUNT: $4,992,554.15 NET FROM PREVIOUS CHANGE ORDERS. $0.00 TOTAL AMOUNT OF THIS CHANGE ORDER: $257,361.10 PERCENT OF THIS CHANGE ORDER: 5.15% TOTAL PERCENT CHANGE ORDER TO DATE: 5.15% NEW CONTRACT AMOUNT: $5,249,915.25 .................. .:.. .. ....... ACCEPTED BY: CONTRACTOR APPROVED BY: JO TS P.COLBERT,CITY HANI TOHME,WATER UTILITIES ENGINEER DIRECTOR TOM WARNER,DIRECTOR OF KYLE HAYES,CITY MANAGER PUBLIC WORKS ATTESTED BY: TINA BROUSSARD,CITY CLERK RESOLUTION NO. WHEREAS, on January 19, 2010, the City Council of the City of Beaumont, Texas, passed Resolution No. 10-010 awarding a contract in the amount of $4,992,554.15 to Reytec Construction Resources, Inc., of Houston, Texas, for the Fannin Street Drainage Improvement Project; and WHEREAS, Change Order No. 1 in the amount of$257,361.10 is required to add and install new waterlines, fire hydrants, gate valves and fittings, and water connections, thereby increasing the contract amount to $5,249,915.25; 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 for additional work described above, thereby increasing the contract amount by $257,361.10 for a total contract amount of $5,249,915.25. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 22nd day of June, 2010. - Mayor Becky Ames - 4 June 22,2010 Consider authorizing the City Manager to execute a letter agreement with Union Pacific Railroad for the acquisition of property for the new Amtrak Station RICH WITH OPPORTUNITY BEA,UMON* T • E • x • A 0 s City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager 0. PREPARED BY: Tom Warner, Director of Public Works MEETING DATE: June 22, 2010 REQUESTED ACTION: City Council authorize the City Manger to execute a letter agreement with Union Pacific Railroad for the acquisition of property for the new Amtrak Station. RECOMMENDATION: Administration recommends City Council authorize the City Manger to execute a letter agreement with Union Pacific Railroad for the acquisition of property for the new Amtrak Station in the approximate amount of$293,925. BACKGROUND The American Recovery and Reinvestment Act of 2009 included funding of approximately $1.2 million for improvements to the current Amtrak location off of Cedar Street. Amtrak is planning to construct a new Shelter Station, new ADA compliant concrete platform and a station platform display sign. To complement the Amtrak Station improvements, the City will acquire the property for the station with the intention to construct a Police Substation and a parking lot. The owner of the property, Union Pacific Railroad, has agreed to sell the approximate 4.5 acre property for the appraised price of a$1.50 per square foot or$293,925. Due to the irregular shape of the property to be acquired, the exact cost will be determined after a survey of the property has been completed. A copy of the proposed acquisition agreement, in substantial form, with the Union Pacific Railroad is enclosed. BUDGETARY IMPACT Funds for the acquisition 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 letter agreement, substantially in the form attached hereto as Exhibit"A,"with Union Pacific Railroad for the acquisition of property for the new Amtrak Station. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 22nd day of June, 2010. - Mayor Becky Ames - (VD May 7, 2010 Folder: 2591-70 VIA UPS Overnight RETURN RECEIPT REQUESTED TOM WARNER CITY OF BEAUMONT 801 MAIN STREET, SUITE 210 BEAUMONT TX 77701 Dear Mr.Warner: This letter ("Agreement") confirms our understandings covering the possible sale by Union Pacific Railroad Company ("Seller") to CITY OF BEAUMONT ("Buyer") of Seller's interest in certain real property together with Seller's right, title and interest, if any, in all improvements thereon, including, without limitation, the free standing communication tower(collectively, the "Property")in Beaumont,Texas. The undersigned will recommend to Seller's Management a sale of the Property on the following terms and conditions: Article 1. Description of Property: A. The Property is approximately 195,950 square feet as shown on the print attached hereto as Exhibit A and made a part hereof. The legal description of the Property will be determined by Seller. Survey will be at the sole cost and expense of Buyer. Survey will depict all facilities affecting the property. B. Before finalizing any survey, Buyer shall submit the draft survey to Seller for review and approval. Computer files of the survey and legal descriptions shall be sent via e-mail to PMMORAN @UP.COM, with a subject line referencing the UPRR Folder Number 02591- 70 assigned to this document. Buyer shall deliver a certified copy of the completed survey to Seller within Forty Five (45) days after Buyer's execution of this Agreement ("Survey Period"). Delay in obtaining or furnishing the surrey to Seller shall in no event give Buyer the right to extend the Closing Date (as defined in the `Closing — Default:' Article). Article 2. Sale Price: Union Pacific Railroad Real Estate 1400 Douglas Stret EXHIBIT "A" 79-1690 fx.(402)501-0340 A. The sale price ("Sale Price") for the Property shall be Three Hundred Three Thousand Nine Hundred Twenty Five Dollars ($303,925.00). B. Upon execution of this Agreement by Buyer, Buyer shall pay to Seller the sum of One Hundred Dollars ($100.00) as independent consideration for entering into this Agreement. C. The Sale Price is computed as follows: 195,950 square feet x $1.50 per square foot = $293,925.00, plus $10,000 for the free standing communication tower. D. The Sale Price will be adjusted on the basis set forth in Article 2-C if the area of the Property, as determined by Seller's Senior Manager Engineering Services or his authorized representative, or as determined by the survey, differs from the area set forth in Article 1-A. Article 3. Feasibility Review/Right of Entry: A. For Seventy Five (75) days from the date of execution of this Agreement by Buyer ("Feasibility Review Period"), Buyer and its agents and contractors may enter upon the Property to perform environmental audits, soil tests, engineering and feasibility studies of the Property. If the results of such audits, tests or studies, or Buyer's review of title or any other matters relating to the Property are unsatisfactory, Buyer may terminate this Agreement by giving Seller written notice before the end of the Feasibility Review Period. If no such written notice of termination is given before the end of the Feasibility Review Period, the Property will be deemed suitable for Buyer's purposes. In the event of such termination by Buyer, then Buyer shall surrender to Seller copies of all audits, soils, engineering and any other reports prepared for Buyer pertaining to the Property and such reports will become the sole property of Seller without cost or expense of Seller and this Agreement will terminate without any further force and effect, and without further obligation of either party to the other. B. Buyer's right to enter upon the Property pursuant to Article 3-A is subject to the following: 1. To the extent allowed by the laws and constitution of the State of Texas, Buyer will indemnify, defend and save harmless Seller and/or Seller's affiliates (Seller's affiliates means any corporation which directly or indirectly controls or is controlled by or is under common control with Seller), their officers, agents and employees, against and from any and all liability, loss, costs and expense of whatsoever nature growing out of personal injury to or death of persons whomsoever, or loss or destruction of or damage to property whatsoever, where such personal injury, death, loss, destruction or damage arises in connection with the entry upon the Property by Buyer, its agents or contractors prior to Closing. 2. Buyer and Buyer's agents and contractors (collectively "Contractors") will maintain in confidence all information, reports, and evaluations generated in connection with any environmental assessments and will not make disclosure without the prior written consent of Seller. If Buyer discovers hazardous or toxic substances or materials, Buyer will immediately notify Seller. 3. Buyer will promptly deliver to Seller the results and copies of any and all reports, evaluations, tests and studies generated in connection with any environmental assessments. Prior to the issuance of any final environmental report, Seller will have the opportunity to make comments, pose questions and offer recommendations to the Contractor preparing the report. 4. To the extent allowed by the laws and constitution of the State of Texas, Buyer agrees to indemnify, defend and hold harmless Seller against and from any and all liens, claims, demands, costs and expenses of whatsoever nature in any way connected with or growing out of any work done, labor performed or materials furnished at the Property on behalf of Buyer prior to Closing. S. If the sale of the Property does not close, Buyer will, as soon as possible and at Buyer's sole expense, restore the Property to the same condition it was in immediately prior to the time Buyer entered the Property,failing in which Seller may perform the work of restoration and Buyer will reimburse Seller within thirty(30) days after rendition of bill by Seller. C. Absence of markers is not a warranty by Seller of no subsurface installations. Fiber optic systems, pipelines, and other structures may be buried on the Property. Before any digging/drilling/excavation, the following procedures will be followed by Buyer and Buyer's Contractors: 1. Protection of any fiber optic cable systems is of extreme importance since any break could disrupt service to users resulting in business interruption and loss of revenue and profits. Buyer will telephone 1-800-336-9193 (a 24-hour, 7-day number for emergency calls) during normal business hours (7 A.M. to 9 P.M., CT, Monday-Friday, except holidays) to determine if any fiber optic cable is buried on the Property. If it is determined that fiber optic cable is buried on the Property, Buyer shall promptly inform Seller, at the address at the top of this Agreement, of the results of its investigation. 2. Before drilling or excavating with mechanized equipment, Buyer will explore with hand tools to a depth of at least eight (8) feet below the surface or will use suitable detection equipment. D. Notwithstanding any provisions in this Agreement to the contrary, if this Agreement is terminated for any reason whatsoever, Buyer will remain obligated to comply with the provisions of Article 3-A and 3-13 and Seller will retain all of its remedies for Buyer's default under Article 3-A and 3-B. Article 4. As Is Sale- Release - Indemnity: A. Prior to the Closing Date, Buyer will have the opportunity to make such inspections of the Property and matters related thereto as Buyer desires, including, without limitation, governmental laws and regulations to which the Property is subject, the title to the Property, and the suitability or fitness of the Property for Buyer's proposed use. Buyer acknowledges and agrees that the Property is to be sold and accepted by Buyer in an "AS IS" condition, with all faults, and Buyer acknowledges that the Property may have been used for railroad and/or industrial purposes, among other uses. Buyer agrees that any information Buyer may receive from Seller or its agents concerning the Property (including, but not limited to, any lease or other document, engineering study or environmental assessment) is furnished on the condition that Buyer will make an independent verification of the accuracy of the information. Seller does not make any representations or warranties of any kind whatsoever, either express or implied, with respect to the Property; in particular, without limitation, Seller makes no representations or warranties with respect to the use, condition, title, occupation or management of the Property, or compliance with applicable statutes, laws, codes, ordinances, regulations, requirements (collectively "Condition of the Property"). Buyer acknowledges that it is entering into this Agreement on the basis of Buyer's own independent investigation of the physical and environmental conditions of the Property. Buyer assumes the risk that adverse physical and environmental conditions may not have been revealed by its investigation. B. TO THE EXTENT ALLOWED BY THE LAWS AND CONSTITUTION OF THE STATE OF TEXAS, FROM AND AFTER CLOSING, BUYER WILL RELEASE SELLER, AND, TO THE MAXIMUM EXTENT PERMITTED BY LAW, INDEMNIFY, DEFEND AND SAVE HARMLESS SELLER, ITS AFFILIATES, THEIR EMPLOYEES, AGENTS, OFFICERS, SUCCESSORS AND ASSIGNS, FROM AND AGAINST ANY AND ALL SUITS, ACTIONS, CAUSES OF ACTION, LEGAL OR ADMINISTRATIVE PROCEEDINGS, CLAIMS, DEMANDS, FINES, PUNITIVE DAMAGES, LOSSES, COSTS, LIABILITIES AND EXPENSES, INCLUDING ATTORNEYS' FEES, IN ANY WAY ARISING OUT OF OR CONNECTED WITH THE KNOWN OR UNKNOWN CONDITION OF THE PROPERTY(INCLUDING, WITHOUT LIMITATION,ANY CONTAMINATION IN, ON, UNDER OR ADJACENT TO THE PROPERTY BY ANY HAZARDOUS OR TOXIC SUBSTANCE OR MATERIAL), OR ANY FEDERAL, STATE OR LOCAL LAW, ORDINANCE, RULE OR REGULATION APPLICABLE THERETO, INCLUDING; WITHOUT LIMITATION, THE TOXIC SUBSTANCES CONTROL ACT, THE COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION AND LIABILITY ACT, AND THE RESOURCE CONSERVATION AND RECOVERY ACT. THE FOREGOING WILL APPLY REGARDLESS OF ANY NEGLIGENCE OR STRICT LIABILITY OF SELLER, ITS AFFILIATES, OR THEIR EMPLOYEES, AGENTS OR OFFICERS. C. The provisions of this Article 4 will survive the delivery of the deed and will bind and inure to the benefit of the parties hereto, their heirs,successors and assigns. Article 5. Escrow,Title Insurance and Abstract of Title: A. Seller will not furnish title insurance or an abstract of title to the Property. Buyer may, at its sole option and expense, obtain a preliminary title report ("PTR") in order to review the status of title to the Property during the Feasibility Review Period. If Buyer obtains a PTR, a copy will be delivered to Seller. Seller has no obligation to cure any title defects or to assist Buyer in obtaining title insurance. B. If Buyer desires title insurance, Buyer shall pay the cost of any title insurance and any endorsements or changes to the title policy desired by Buyer. If an escrow is used, Buyer shall pay any and all fees relating to the escrow, including, but not limited to, any City and/or County Transfer Taxes and recording fees. Article 6. Form of Deed; Reservations: A. At Closing, Seller will transfer Seller's interest in the Property to Buyer by Deed Without Warranty, subject to all outstanding rights, whether or not of record. B. Seller will reserve from the transfer all minerals and mineral rights without right of surface entry. C. Noise /Vibration. The Property shall be conveyed by Seller subject to the following covenant, condition and restriction, which Buyer by the acceptance of the Deed shall covenant for itself, its successors and assigns, faithfully to keep, observe and perform: Railroad Proximity Covenant. (a) Buyer acknowledges that the property abutting the southern boundary line of the Property is dedicated and used for railroad purposes, that railroad operations may create noise, vibrations, emissions, fumes and odors twenty-four (24) hours a day, and that the amount, nature and intensity of railroad operations may increase or change (collectively, the "Permitted Effects"). Buyer accepts the Property subject to the existence of the Permitted Effects. By acceptance of the Property, Buyer agrees that, at Buyer's sole cost and expense, as part of the development of the Property, Buyer shall design and install and/or construct and thereafter maintain improvements to reduce or limit the Permitted Effects and to comply with all governmental requirements, if any, which may be imposed as a condition to the development and use of the Property because of the Permitted Effects. (b) Buyer shall not, and hereby waives all rights to, (i) institute legal proceedings against Seller to reduce or lessen the Permitted Effects, and (ii) directly or indirectly participate in petition drives, lobbying efforts or other activities seeking the enactment of federal, state or local laws or ordinances to reduce or lessen the Permitted Effects. Any party breaching such covenant shall reimburse Seller for all costs incurred by Seller to comply with any such orders, laws or ordinances, including, without limitation, attorney fees and court costs. (c) If Buyer sells or leases all or any portion of the Property, Buyer shall require all purchasers and tenants to acknowledge the location of the railroad operations abutting the Property and the existence of the Permitted Effects, and to agree in writing, for the benefit of Seller,to comply with the above covenants. Covenants To Run With Land. The foregoing covenant, condition and restriction shall run with the Property, the burdens of which will be binding on the successors and assigns of Buyer, and the benefits of which will inure to the successors and assigns of Seller. A breach of the foregoing covenant, condition and restriction, or the continuance thereof, may, at the option of Seller, its successors or assigns, be enjoined, abated or remedied by appropriate proceedings. D. Restrictive No Schools /Day Care. The Property is conveyed by Seller subject to the following covenant, condition and restriction which Buyer by the acceptance of this Deed covenants for itself, its successors and assigns, faithfully to keep, observe and perform: Restriction on Use. Buyer, its successors and assigns, may use the Property for industrial, office, and retail-oriented commercial business (for example, shopping center, filling station, restaurant) purposes, only, and for no other purposes whatsoever. Without limitation of the foregoing, the Property must not be used for any of the following purposes: (i) residential, (ii) lodgings or accommodations(including, without limitation, hotels, motels, boarding houses, dormitories, hospitals, nursing homes, or retirement centers), or (iii) cultural, educational, recreational or child-care facilities (including, without limitation, schools, kindergartens, day-care centers, gymnasiums, athletic fields, picnic grounds or parks). The foregoing covenant, condition and restriction shall run with the Property, and a breach of the foregoing covenant, condition and restriction, or the continuance thereof, may, at the option of Seller, its successors or assigns, be enjoined, abated or remedied by appropriate proceedings. Article 7. Existing Agreements: A. If any lease or "Use Rights" (license or other rights to use the Property) affects only the Property (whether identified by Seller before or after execution of this Agreement), Seller's rights and obligations under any such identified lease or Use Right will be assigned to and assumed by Buyer at or after Closing. B. Buyer acknowledges that the Property may be subject to unidentified Use Rights. It is the responsibility of Buyer to determine if any of these unidentified Use Rights exist, Article 8. Closing-Default: A. Closing will occur on or before August 20, 2010 ("Closing Date"). The Closing will be deemed to occur upon payment of the Sale Price by a cashier's or certified check, and delivery of the deed. All Closing costs, including transfer taxes and excise taxes, will be paid by Buyer. B. If Closing fails to occur due to default by Seller, Buyer may terminate this Agreement as Buyer's sole remedy against Seller. In the event of such termination, neither Seller nor Buyer will have any further liability hereunder. C. If Closing fails to occur due to default by Buyer, Seller may terminate this Agreement and neither Seller nor Buyer shall have any further obligations or liability hereunder except for any of Buyer's surviving obligations pursuant to Article 3 (B) hereof. In no event shall Seller have any obligation whatsoever to extend the Closing Date for any reason if Buyer fails to perform. Article 9. Prorations: Local property taxes, if any, and other assessments due and payable in the year of Closing, as well as rental under any leases or Use Rights that are being assigned, will be prorated as of the date of Closing. Buyer will assume any installments of assessments not yet due and payable. Article 10. Neeotiations—Brokers and Finders: Negotiations relative to this transaction have been carried on by both parties without the intervention of any person which will give rise to any valid claim against either of the parties hereto, for brokerage commission or other like payment. Each party hereto shall indemnify and hold harmless the other party against and from any and all claims for brokerage commission or other like payments arising out of the transaction contemplated by this Agreement and occasioned by the indemnifying party. Article 11. Subdivision/Platting,Compliance: It may be necessary to comply with local or state subdivision or platting laws or regulations prior to Closing. All necessary applications, maps and other requirements to comply with this requirement will be completed by Buyer at Buyer's sole cost and expense, and are subject to review and approval by Seller before filing. If Buyer fails to comply with subdivision requirements prior to the Closing Date, or if any proposed subdivision plat or parcel map contains conditions affecting Seller, the Property prior to Closing, or other real property owned by Seller, then Seller, in its sole and absolute discretion, may terminate this Agreement. Seller is not obligated to extend the Closing Date due to Buyer's failure to comply with subdivision or platting requirements prior to the Closing Date. Article 12. MortQaae Release: If the Property is subject to a blanket mortgage granted by Seller or a corporate predecessor of Seller, Seller will obtain a release within approximately six(6)months after Closing. Article 13. Eminent Domain. The parties acknowledge that Buyer has the authority to condemn the Property under its power of eminent domain. Buyer represents that it will institute eminent domain proceedings in the event that Seller does not sell the Property upon the terms set forth in this Agreement. The parties further acknowledge that Seller intends to treat the sale of the Property as sold under imminent threat of condemnation, pursuant to Section 1033 of the Internal Revenue Code of 1986 (26 U.S.C.). Article 14. Seller's Management Approval: BUYER ACKNOWLEDGES THAT NEITHER THIS AGREEMENT NOR THE NEGOTIATIONS LEADING TO THIS AGREEMENT CREATE ANY OBLIGATION ON THE PART OF SELLER TO SELL THE PROPERTY TO BUYER UNLESS THIS AGREEMENT IS APPROVED IN ACCORDANCE WITH SELLER'S MANAGEMENT POLICY STATEMENT. IF SUCH APPROVAL IS NOT GIVEN AND COMMUNICATED TO BUYER BY THE CLOSING DATE,THIS AGREEMENT WILL TERMINATE AND NEITHER PARTY WILL HAVE ANY FURTHER OBLIGATION. Article 15. Condemnation: If, prior to Closing, a governmental agency commences or imminently threatens in writing to commence any eminent domain proceedings to take any material portion of the Property, Buyer and Seller shall each have the unilateral right, exercisable by giving notice of such decision to the other parry within thirty (30) days after receiving written notice of such actual or threatened condemnation proceedings, to terminate this Agreement. In the event of such termination, this Agreement will be without any further force and effect and without further obligation of either party to the other. If neither parry elects to terminate pursuant to this Article- Condemnation,the Sale Price will be determined as though such condemnation had not occurred, and the net proceeds of condemnation awards paid or payable to Seller by reason of such condemnation of the Property shall be paid or assigned to Buyer at Closing. Article 16. Disclosures and Notices to Buyer. (A) Notice Regarding Possible Liability for Additional Taxes (Texas Property Code Section 5.010 . If for the current ad valorem tax year the taxable value of the Property is determined by a special appraisal method that allows for appraisal of the Property at less than its market value, the person to whom the Property is transferred may not be allowed to qualify the Property for that special appraisal in a subsequent tax year and the Property may then be appraised at its full market value. In addition, the transfer of the Property or a subsequent change in the use of the Property may result in the imposition of an additional tax plus interest as a penalty for the transfer or the change in the use of the Property. The taxable value of the Property and the applicable method of appraisal for the current tax year is public information and may be obtained from the tax appraisal district established for the county in which the Property is located. (B) Annexation Disclosures. If the Property is located outside the limits of a municipality, the Property may now or later be included in the extraterritorial jurisdiction of a municipality and may now or later be subject to annexation by the municipality. Each municipality maintains a map that depicts its boundaries and extraterritorial jurisdiction. To determine if the Property is located within a municipality's extraterritorial jurisdiction or is likely to be located within a municipality's extraterritorial jurisdiction, Buyer should contact all municipalities located in the general proximity of the Property for further information. (C) Notice of Water and Sewer Service. Pursuant to Section 13.257 of the Texas Water Code, Seller provides Buyer with the following notice: "The Property may be located in a certificated water or sewer service area, which is authorized by law to provide water or sewer service to the Property. No other retail public utility is authorized to provide water or sewer service to the properties in the certificated area. If the Property is located in a certificated area, there may be special costs or charges that you will be required to pay before you can receive water or sewer service. There may be a period required to construct lines or other facilities necessary to provide water or sewer service to the Property. You are advised to determine if the Property is in a certificated area and contact the utility service provider to determine the cost that you will be required to pay and the period, if any, that is required to provide water or sewer service to the Property. Buyer hereby acknowledges receipt of the foregoing notice at or before the execution of this Agreement." At the Closing, Buyer agrees to execute a separate copy of the foregoing notice, in a form required by Section 13.257 of the Texas Water Code, to be subsequently recorded in the real property records of the county in which the Property is located. If you agree with the foregoing terms and conditions with respect to the possible purchase of the Property, please indicate your acceptance of these terms and conditions by signing in the acceptance space provided below and returning one copy to Pat Moran at the address listed on the bottom of the first page of this letter, in order that it is received by Seller no later than May 17, 2010.Please also indicate below how you wish to take title. If you should have any questions, please call Pat Moran at(402) 544-8537. Sincerely, Director -Real Estate ACCEPTED AND AGREED THIS DAY OF , 20 CITY OF BEAUMONT By: Its: Title to the Property will be taken as follows: If Corporation, State of incorporation: If Husband and Wife, indicate how title will be taken: Joint Tenants with rights of survivorship Tenants in Common Community Property Mailing Address: i RUSK zsea ull" �\ W •W °� � �p A 6 Q% 0 —�`S MA R ----CEDAR X m - .r No.2- i — `•s 41. ♦ er �O ,_`� `s p r 1 �1e \� J\ <� IPJn a a No.2 +I ,/ plm•E" Iw I Im Imo. ./ V>I � h ♦\� a\��> K i\�\ p_ __ _ _�—�"__ + f-�. --- �__r —.➢, "o \ i e36:o.:(6.:.Pi.. I"ro. - _2 1�4J90 w159 , _ No. --"���-- 1,2 N0.1 +33 5=11 241.2 --- --SZ_ Ka106 YV6 •346 -- -- ---� —F — + 3 Na 5 IP.RR.DOS ^-I M.P.RR.Co. Pr°peny f �o N¢5 zt 1" JI SALE AREA: 195.950 SO.FT. / X1.5 ACRES I HOLLYWOOD - -- - T ER 74 2� _ —�— AVENUE I I 1 i NOTE: BEFORE YOU BEGIN ANY WORK. SEE x p AGREEMENT FOR FIBER OPTIC PROVISIONS. w EXHIBIT "A" LEGEND, w SALE AREA SHOWN — UNION PACIFIC RAILROAD COMPANY BEAUMONT, JEFFERSON COUNTY. TEXAS w UPRRCO. R/W OUTLINED•"""" —'--"'-- M.P. 458.84 — BEAUMONT SUBDIVISION I TO ACCOMPANY AGREEMENT WITH CITY OF BEAUMONT CALL BEFORE SCALE: 1" 200 FIBER ,KI:I cADD 02591 70 OPTIC YOU DIG FILENAME — OFFICE OF REAL ESTATE CABLE ! 1-800-336-9193 SCAN SCANNED FILE OMAHA, NEBRASKA DATE: 12-07-2009 FILENAME DSK FILE: 2591-70 PUBLIC HEARING * Receive comments related to 4525 Abraham Street 5 June 22,2010 Consider approving an ordinance to demolish the structure at 4525 Abraham Street without further notification to the property owner if the property owner fails to comply within ten(10) days 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: June 22, 2010 REQUESTED ACTION: City Council, after conducting a public hearing, consider an ordinance to declare the structure at 4525 Abraham Street to be dangerous and order the owners to raze said structure within ten (10) days. If the property owner fails to comply within ten (10) days, staff is requesting City Council authorization to demolish this structure without further notification to the property owner or City Council action. RECOMMENDATION Administration recommends approval. BACKGROUND The structure at 4525 Abraham Street has been inspected by the Community Development Department and was found to be a dangerous structures as defined by the City of Beaumont's Code of Ordinances, Article III, Dangerous Structures, Section 14-50. Additionally, this structure has deteriorated to a condition that it is no longer considered suitable for repair. Please note that this single structure is being brought outside of a regular demolition packet due the fact that it is continually being salvaged and is now missing a substantial portion of an exterior supporting wall and is open and accessible to the public. BUDGETARY IMPACT The City may incur the cost of demolition. "l u Wes.. y� e' a \ .F I Za P wN I fit -lot 44, � x/ s n ., awl.. 9'° �'i►. '* — �, 1 i r � i i U E. l rR x a t�l' . t E � 1 .` e �,• 'gip, -• }fi5s. M f e v R �K 4 •J p r w. ORDINANCE NO. ENTITLED AN ORDINANCE FINDING THE STRUCTURE LOCATED AT 4525 ABRAHAM STREET TO BE A PUBLIC NUISANCE AND ORDERING ITS DEMOLITION AND REMOVAL; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL; AND PROVIDING A PENALTY. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. After a public hearing,the structure located at 4525 Abraham Street is hereby found to be a public nuisance in that said building violates Chapter 14, Section 14-50 of the Code of Ordinances of the City of Beaumont and is for want of repairs, or by reason of age or dilapidated, decayed, unsafe or unsanitary condition, or otherwise unfit for human habitation, or otherwise likely to endanger the health, safety or general welfare of the citizens of the City. Section 2. In accordance with Article XVII, Section 2, of the Charter of the City of Beaumont, Section 14-52 of the Code of Ordinances of Beaumont, Texas, it is hereby ordered that the owner or owners of the structure located at 4525 Abraham Street demolish and remove said structure within ten (10) days of the effective date of this ordinance. If the property owner(s) fail(s) to comply within ten (10) days, Council orders that the property be demolished without further notification to the property owners or City Council action. Section 3. That if any section, subsection, sentence, clause or phrase of this ordinance, or the application of same to a particular set of persons or circumstances should for any reason be held to be invalid, such invalidity shall not affect the remaining portions of this ordinance, and to such end the various portions and provisions of this ordinance are declared to be severable. Section 4. That all ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only. Section 5. That any person who violated any provision of this ordinance shall, upon conviction, be punished as provided in Section 1-8 of the Code of Ordinances of Beaumont, Texas. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 22nd day of June, 2010. - Mayor Becky Ames -