Loading...
HomeMy WebLinkAboutPACKET DEC 06 2011 RICH WITH OPPORTiJRtTY BEAUM-DN* T * 9 * * A * REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS DECEMBER 6, 2011 1:30 P.M. CONSENT AGENDA * Approval of minutes—November 22, 2011 * Confirmation of committee appointments Shani Daigle would be appointed to the Community Development Advisory Committee. The term would commence December 6, 2011 and expire December 5, 2013. (Councilmember Audwin M. Samuel) Thomas Sigee would be appointed to the Historic Landmark Commission. The term would commence December 6, 2011 and expire December 5, 2013. (Councilmember Audwin M. Samuel) Irmalyn Thomas would fill the unexpired term of Belashia Wallace on the Police Department Community Advisory Committee. The term would commence December 6, 2011 and expire January 10, 2013. (Councilmember Audwin M. Samuel) Charles Taylor would be reappointed to the Community Development Advisory Committee. The current term would expire September 21, 2013. (Councilmember Audwin M. Samuel) Bill Bianchi would be reappointed to the Convention and Tourism Advisory Board. The current term would expire October 27, 2013. (Councilmember Audwin M. Samuel) Arthur Berry would be reappointed to the Convention and Tourism Advisory Board. The current term would expire October 30, 2013. (Councilmember Mike Getz) Glenn Bodwin would be reappointed to the Planning and Zoning Commission. The current term would expire August 31, 2012. (Councilmember Audwin M. Samuel) Charles Taylor would be reappointed to the Small Business Revolving Loan Fund Board. The current term would expire September 21, 2013. (Councilmember Audwin M. Samuel) Christina Howard would be reappointed to the Library Commission. The current term would expire November 19, 2013. (Councilmember W.L. Pate, Jr.) A) Authorize the Mayor to sign documents necessary for the City of Beaumont to receive funding through the Department of Homeland Security Grant Program B) Approve a one year renewal contract with Carolyn C. Chaney&Associates, Inc. to act as the City of Beaumont's Washington Assistant C) Approve a contract for the purchase of automotive filters for use by the Fleet Division D) Authorize the acquisition of properties for the Concord Road Pavement Widening Project located at 6060 Concord and 0.1585 acre located on Concord Road at Dowlen Road E) Authorize the acquisition of properties for the Concord Road Pavement Widening Project located at 5418 Concord Road, 5600 Block Concord Road and 5695 Concord Road F) Authorize the acquisition of property for the Concord Road Pavement Widening Project located at 5525 Concord Road G) Adopt a resolution casting the City's votes (465) for C. L. Sherman to the Board of Directors of the Jefferson County Appraisal District H) Approve the proposed Code of Ethics for Juvenile Case Managers, Pre-Service and In- Service Recommendations and Pre-Service and In-Service Training Requirements I) Authorize the acceptance of a ten foot wide Exclusive Water Line Easement located at 3705 East Lucas Drive J) Authorize the acceptance of a twenty foot wide Drainage Easement and a fifty foot wide Drainage and Utility Easement for the proposed West Chase Village Subdivision Section 10 located on Village Drive K) Approve an amendment to an existing agreement with CenturyTel Fiber Company 11, LLC for the additional placement of fiber optic cable in the public right-of-way L) Adopt a policy prohibiting the use of force by law enforcement RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the following appointments be made: AmnWanent Commission Beginning gggkagn of Tenn of Term Shani Daigle Community Development Advisory 12/06/11 12/05/13 Committee Thomas Sigee Historic Landmark Commission 12/06/11 12/05/13 THAT the following reappointments be made: Reasaointmnt Commission ftWnning EmAlgifto of Term of Term Charles Taylor Community Development Advisory 12/0611 09/21/13 Committee Bill Bianchi Convention and Tourism Advisory Board 12/06/11 10/27/13 Arthur Berry Convention and Tourism Advisory Board 12/06/11 10/30/13 Glenn Bodwin Planning and Zoning Commission 12/06/11 09/31/12 Charles Taylor Small Business Revolving Loan Fund 12/06/11 09/21/13 Board Christina Howard Library Commission 12/06/11 11/19/13 PASSED BY THE CITY COUNCIL of the City of Beaumont this the 6th day of December, 2011. - Mayor Becky Ames - RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT Irmaiyn Thomas is appointed to the Police Department Community Advisory Committee to fill the unexpired term of Belashia Wallace. The term will commence December 6, 2011 and expire January 10, 2013. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 6th day of December, 2011. - Mayor Becky Ames - A RICH WITH OPPORTUNITY HN T • E • X • A •a S City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Laura Clark, Chief Financial Officer MEETING DATE: December 6, 2011 REQUESTED ACTION: Council consider authorizing the Mayor to sign documents necessary for the City of Beaumont to receive funding in the amount of$79,434.72 through the Department of Homeland Security Grant Program(HSGP). RECOMMENDATION Administration recommends approval. BACKGROUND The Homeland Security Grant Program consists of a number of grant programs, one of which is the State Homeland Security Program(SHSP). This grant incorporates two programs, a general SHSP first responder category and a category dedicated specifically to Law Enforcement. Beaumont was awarded$57,000 in the SHSP general category which is intended for a microwave backup system to be used by the Fire Department Dispatch office in the event the main communication system goes down. The Police Department was awarded$22,434.72, intended for purchasing mobile data computers which will provide necessary fleet replacements. BUDGETARYIMPACT The grant requires no matching funds on behalf of the City. 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 receive funding for the City of Beaumont through the Homeland Security Grant Program (HSGP) in the amount of $79,434.72 under the State Homeland Security Program (SHSP) for use by the Fire Department for the purchase of a microwave backup system for the dispatch communication system and for use by the Police Department for the purchase of mobile data computers. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 6th day of December, 2011. - Mayor Becky Ames - B RICH WITS OPPORTUNITY BEA " P T . E • B . A 8 Cif Coil A , Item TO: City Council FROM: Kyle Hayes,City Manager MEETING DATE: December 6,2011 REQUESTED ACTION: Consider a one-year renewal contract with Carolyn C. Chaney& Associates, Inc.to act as the City of Beaumont's Washington Assistant. RECOMMENDATION The Administration recommends approval of a one-year renewal contract with Carolyn C. Chaney&Associates,Inc. in the amount of$61,488.00. The contract also includes a maximum of$4,000 for reimbursable expenses. BACKGROUND: On a yearly basis since 1980,the City has contracted with an organization to provide legislative services on the federal level. Ms. Chaney,as the City Washington Assistant,is responsible for reviewing federal executive proposals,legislation under consideration and proposed and adopted administrative rules and regulations which could impact the City of Beaumont's policies or programs. A letter from Mrs. Chaney and the proposed contract are attached for your review. The proposed contract amount will not increase from last year's contract. BUDGETARY EWPACT Funds are budgeted for this expenditure in the FY2012 Budget. WIN CapitalEdge November 21, 2011 Mr. Kyle Hayes City Manager P.O. Box 3827 Beaumont, TX 77704 Dear Kyle: Please consider this a formal request for a twelve month renewal of our contract with the City for federal lobbying and information services. Our current agreement expires on December 31, 2011. Enclosed is a copy of an updated contract for your review. As you know, our top priority has been working on gaining some relief for the City from federal rules governing the use of revenues derived from natural gas royalties at Beaumont Municipal Airport. We are pleased that the efforts of the City and the congressional delegation have led to successful amendments to the pending Federal Aviation Administration reauthorization bill, and are hopeful that the legislation will become law in the near future. Congress is also expected to address some other matters of interest to the City in the next year, such as a multi-year reauthorization of federal highway and transit programs, continued efforts to address high levels of unemployment, and legislation that would require online merchant to collect local sales taxes on remote purchases. In addition,we will continue to work with the City to avoid federal intrusions into matters traditionally handled on the local level, such as taxation, zoning,permitting, and labor relations. And we will continue to alert the City of federal funding opportunities that may be available to enhance or expand on successful City initiatives. It remains a great pleasure to serve the City of Beaumont in Washington, and Chris and I are grateful for your guidance and that of the Mayor and City Council. Please feel free to contact us at your convenience for any questions you may have about our services or the proposed contract. Sincerely, Carolyn C. Chaney Enclosure AGREEMENT BETWEEN THE CITY OF BEAUMONT,TEXAS AND CAPITALEDGE ADVOCACY,LLC 1212 NEW YORK AVENUE,NW- SUITE 250 WASHINGTON,D.C. 20005-3953 Pursuant to this agreement, the City of Beaumont, Texas (hereinafter sometimes referred to as the "City") and CapitalEdge Advocacy, LLC (hereinafter sometimes referred to as "Consultant") agree to assume the following obligations. L Obligations of Consultant A. Consultant will organize and operate a unit to act as a Washington office for the City and will be the assigned member of its staff. Consultant will be responsible for obtaining and furnishing requisite staff, office space, utilities, furnishings, and equipment, common-use office supplies and services, and general administrative support according to the level of service specified in Paragraph IV; B. Consultant will confer with the City Manager and such other City personnel as the City Manager may designate at the times and places mutually agreed to by the City Manager on all organizational planning and program activities which have a bearing on the ability of the City to make the best use of federal aid programs; and will act as Washington Assistant to the City of Beaumont,Texas; C. As Washington Assistant the Consultant will review federal executive proposals,legislation under consideration,proposed and adopted administrative rules and regulations and other Washington developments for the purpose of advising the City of those items which may have a bearing on City policy or programs; D. More specifically,as Washington Assistant the Consultant will advise and consult on behalf of the City with the White House and any other Federal agencies,departments and commissions as may be necessary to the performance of full Washington service to the City Manager and the City. Additionally, the Consultant will act as liaison with the U.S. Conference of City Managers and the National League of Cities, and will furnish legislative and administrative analyses of issues as requested; E. As Washington Assistant the Consultant will secure and furnish such detailed information as may be available on federal programs in which the City indicates an interest; 1 F. As Washington Assistant the Consultant will review and comment on proposals of the City which are being prepared for submission to federal agencies when requested to do so by the City Manager or his designees; G. As Washington Assistant the Consultant will maintain liaison with the City's Congressional delegation and will assist the delegation in any matter which the City determines to be in its best interest in the same manner as any other member of the City's administrative staff might render assistance; H. As Washington Assistant the Consultant will counsel with the City regarding appearances by City personnel before Congressional committees and administrative agencies and will arrange for appointments and accommodations for City personnel as necessary; I. As Washington Assistant the Consultant will contact federal agencies on the City's behalf when City applications are under consideration by such agencies and counsel the City to take whatever steps appear to be required to obtain the most favorable consideration of such applications; J. As Washington Assistant the Consultant will advise and consult with or otherwise make assistance available to such representatives of the private sector who are engaged in economic development activities as determined by the City Manager to be in the best interests of the City; K. In fulfilling her responsibilities under this Agreement, the Washington Assistant will act in the name of the City of Beaumont, Texas under the supervision of the City Manager. Any change in the person of the Washington Assistant from the person representing the City as of the effective date of this agreement must be approved by the City Manager. H. Obligations of the City of Beaumont% Texas A. To advise the Consultant of the name or names of persons other than the City Manager authorized to request service and the person or persons to be kept advised by the Washington Assistant; B. To supply the Consultant with a summary of all federal programs in which the City is participating and advise the Consultant of any new applications filed, together with pertinent details as to the substance of such applications; 2 C. To supply the Consultant with copies of budgets, planning documents, and regular reports of the City Manager and departments, Council agenda and proceedings, newspapers and other materials which will assist the Consultant in keeping current on City policies and programs; D. To reimburse the Consultant for (1) all travel expenses incurred pursuant to Paragraph I,Subparagraphs D and G; (2) expenses for attendance at any other meetings attended by the Washington Assistant outside Washington,DC, at the request of the City; E. To reimburse the Consultant for other expenses which are incurred within Washington, DC on behalf of the City in carrying out the provisions of this Agreement and as approved by the City Manager subject to the provisions of Paragraph IV; F. To bear long distance telephone, photocopying, executive expenses and postage expenses. III. The City of Beaumont, Texas and the Consultant concur that the following exclusions shall apply to this Agreement: A. The Consultant. 1. Will not represent commercial or industrial establishments of the City in pursuit of federal business except in accordance with the provisions of Paragraph I,Subparagraph J,above; 2. Will not, by virtue of this Agreement, represent other local government agencies in Beaumont, Texas except those which are instrumentalities or agencies of the City of Beaumont, Texas; I Will not perform any legal, engineering, accounting or other similar professional service; 4. Will not directly or indirectly participate in or intervene in any political campaign on behalf of or in opposition to any candidate for public office in or representing the City. 3 N. Compensation The cost of service will be$61,488.00 for twelve months,payable in advance,in equal monthly installments of$5,124.00 commencing on the first day of January, 2012. In addition, a maximum of $4,000.00 for reimbursable expenses incurred pursuant to Paragraph II, Subparagraphs D, E, and F. V. Termination Either parry may terminate this Agreement at any time by giving the other at least sixty (60) days notice in writing of such termination. IN WITNESS WHEREOF: ATTEST DATE /U� l a2A Carolyn C. C ey,Washington AssisdWt Kyle Hayes,City Manager 4 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 one-year renewal contract in the amount of$61,488, with an additional maximum of$4,000 for reimbursable expenses, with Carolyn C. Chaney & Associates, Inc., to act as the City of Beaumont*s Washington Assistant. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 6th day of December, 2011. - Mayor Becky Ames - RICH WITH OPPORTUNITY B',`,EA,UN"N- * T 0 Z • S a d . e City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Laura Clark, Chief Financial Officer U1 MEETING DATE: December 6, 2011 REQUESTED ACTION: Council consider awarding a contract for the purchase of automotive filters. RECOMMENDATION The administration recommends the award of a contract to Omni Filtration, of Beaumont, in the estimated yearly amount of$50,406.68. BACKGROUND Bids were solicited for a one(1)year contract to supply automotive filters for City vehicles. The contract specifies that the awarded bidder shall provide air, oil, fuel and water filters at fixed costs for use by the Fleet Division in maintaining vehicles and equipment. Specifications allow for a one(1)year extension upon the expiration of the initial one(1)year contract term at the same pricing as awarded herein. Bids were solicited from twenty-three(23)vendors with three(3)rte. Omni Filtration was the lowest responsible bidder. The bid tabulation is attached. BUDGETARY EWACT Funds are budgeted for this expenditure in the Fleet Maintenance Fund. std Name: Annual Contract for Air,Oil and Fuel Fitters ON Number: Mti012-01 Bid OpenMg: November 16,20114110:00 A.M. Contact Person: Sara Parker soarker0d.Beaumont.N.us Phone: 4094880-3757 MW rt s r g TOTAL 2EC , , discount off of Not price trtbutior,nom,etc?for other BakWn 30% ieeiguard 62% iX Jobber 35% ccessories not Whod. f RESOLUTION NO. WHEREAS, bids were solicited for a one (1) year contract with a one (1) year renewal option for the purchase of automotive filters for use by the Fleet Division in maintaining vehicles and equipment; and, WHEREAS, Omni Filtration, of Beaumont, Texas, submitted a bid in the estimated amount of$50,406.68; and, WHEREAS, City Council is of the opinion that the bid submitted by Omni Filtration, of Beaumont, Texas, should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT the bid submitted by Omni Filtration, of Beaumont, Texas, for a one (1) year contract with a one (1)year renewal option for the purchase of automobile filters for use by the Fleet Division in maintaining vehicles and equipment in the estimated amount of $50,406.68 be accepted by the City of Beaumont; and, BE IT FURTHER RESOLVED THAT the City Manager be and he is hereby authorized to execute a contract with Omni Filtration, of Beaumont,Texas,for the purposes described herein. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 6th day of December, 2011. - Mayor Becky Ames - RICH WITH OPPORTUNITY D BEAUMON T • 8 • a - A - B City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Patrick Donart,Public Works Director MEETING DATE: December 6,2011 REQUESTED ACTION: Council consider a resolution authorizing the acquisition of properties for the Concord Road Pavement Widening Project. RECOMMENDATION The Administration recommends approval. BACKGROUND As part of the Concord Road Pavement Widening Project,approximately sixty-two(62)parcels of land from East Lucas to Highway 105 are being acquired. The owner of the properties listed below,has agreed to convey his property to the City: Parcel#51 0.0008 acre situated in F. Bigner Survey, Abstract No. 1 Address: 6060 Concord Owner: Richard E. Bonura Appraised Value: $500.00 Parcel#52 0.1585 acre situated in F. Bigner Survey,Abstract No. 1 Address: Concord Road& Dowlen Road Owner: Richard E. Bonura Appraised Value: $60,500.00 BUDGETARY IMPACT Funds are available in the Capital Program. RESOLUTION NO. WHEREAS, an agreement has been negotiated for the acquisition of properties 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 #51: 0.0008 acre situated in the F. Bigner Survey, Abstract No.1 Address: 6060 Concord Road Owner: Richard E. Bonura Appraised Value: $500.00 Parcel #52: 0.1585 acre situated in the F. Bigner Survey, Abstract No. 1 Address: Concord Road & Dowlen Road Owner: Richard E. Bonura Appraised Value: $60,500.00 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, 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 6th day of December, 2011. - Mayor Becky Ames March 2009 Parcel 51 Page 1 of 4 EXHIBIT County: Jefferson Highway: Concord Road Project Limits: East Lucas to US 96, 69, 287 PROPERTY DESCRIPTION FOR PARCEL 51 Being a 0.0008 acre (34 square feet) of land, situated in the F. Bigner Survey, Abstract No. 1, out of and part of that certain called 0.38 acre tract of land having been conveyed to Richard E. Bonura and wife, Frances Bonura from Roy J. Worthy and wife, Aline Worthy, by deed dated March 3, 1966 and being recorded under Volume 1458 Page 111, of the Deed records of Jefferson County, Texas, said 0.0008 (34 square feet) acre of land being more particularly described as follows; COMMENCING a 2" iron pipe found for the Northeasterly comer of the said 0.38 acre Bonura tract and the most Northwesterly comer of that certain called 0.9977 acre tract of land having been conveyed to J C Modica from Jennifer Hamilton Bryan, by deed dated January 15, 2001 and being recorded under Clerk's File No. 2001002677 of the Real Property records of Jefferson County, Texas; THENCE, SOUTH 14°52'14" WEST, along the East line of the said 0.38 acre Bonura tract and the West line of the said 0.9977 acre Modica tract for a distance of 214.04 feet to a 5/8" iron rod with cap stamped "City of Beaumont ROW Monument" set for comer in the proposed Northeast right-of-way of Concord Road and the POINT OF BEGINNING of the parcel herein described; 1) THENCE, SOUTH 14 052'14" WEST, continuing along the East line of the said 0.38 acre Bonura tract and the West line of the said 0.9977 acre J C Modica tract for a distance of 2.30 feet to a point for comer, said comer being the most Southerly comer of the said 0.38 acre Bonura tract and the most Southwesterly comer of the said 0.9977 acre Modica tract, also said point being in the existing Northeast right- of-way line of Concord Road; 2) THENCE, NORTH 52°1817"WEST, along the existing Northeast right-of-way line of Concord Road for a distance of 33.31 feet to a 5/8" iron rod with cap stamped "City of Beaumont ROW Monument" set for comer in the proposed Northeast right-of-way of Concord Road, said comer also being the beginning of a curve turning to the left having a radius of 2354.00 feet and being subtended by a chord bearing SOUTH 56°02'47" EAST having a chord length of 32.49 feet; 3) THENCE, SOUTHEASTERLY, along said curve for an arc length of 32.49 feet to the POINT OF BEGINNING and containing 0.0008 acre (34 square feet) of land. EXHIBIT "A" March 2009 Parcel 51 Page 2 of 4 EXHIBIT_ 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 comers are truly shown just as found at the time of the survey. Surveyed January 2009 J GIVEN UNDER MY HAND AND SEAL THIS THE DAY OF March 2009. yt F T .a .Uk�l n �P`�.a.. ® 1�7 f 1 36136 r, C) Mark W. Whiteley, RPLS#3636 '. E S S ' LEGEND ■ SET 5/8' I. R. WITH CAP STAMPED 'CITY OF BEAUMONT ROW MONUMENT' 0 TXDOT CONTROL MONUMENT Q PARCEL NUMBER O FND PROPERTY CORNER AS NOTED 0 POWER POLE PROPOSED ROW LINE EXISTING ROW LINE P.O.0 PARCEL 51 FND. 2" 1. PIPE PROPERTY LINE THOMAS SPEAR SURVEY ABSTRACT NO. 50 SURVEY LINE COUNTY LINE CALLED 0.9977 ACRES J C MODICA JANUARY 15, 2001 CF NO. 2001002677 c� OPRJC /F. BIGNER SURVEY CALLED 0.38 ACRES ABSTRACT i RICHARD E. BONURA, et ux MARCH 3, 1966 VOL. 1458, PC. 111 DRJC P.O.B. PARCEL 51 51 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. ,.�.. TlrL.-'Y. EXISTING TAKING REMAINING ACRES ACRES S.F. ACRES PARCEL 51, +MARK . WHITELEY 0. 38 0. 0008/(34) 0. 3792 D ASSOCIATES INCORPORATED PARCEL PLAT TING ENGINEERS, SHOWING ORS, AND PLANNERS PARCEL 51 m CONCORD ROAD JEFFERSON COUNTY P. 0. BOX 5492 3250 EASTEX FRRY. BEAUMONT, TEXAS 77726-5492 BEAUMONT, TEXAS 77703 MARCH 2009 409-892-0421 (FAX) 409-892-1346 SCALE 1 = 50 SHEET 3 OF 4 EXHIBIT "B" CURVE RADIUS ARC LENGTH CHORD LENGTH CHORD BEARING DELTA ANGLE C 1 2354.00' 32.49' 32.49' 4S56*02'47"E 00'47'27" P.O.C. PAR. 51 I.NPIPE CALLED 0.38 ACRES �$S RICHARD E. BONURA, et ux v(;:� MARCH 3, 1966 s� ��� CALLED 0.9977 ACRES VOL. 1458 PG. 111 �: so_ J C MODICA / DR�C JANUARY 15, 2001 CF NO. 2001002677 PI STA=199+68.14 OPRJC A=08'40'09" R=2400.0000' T=181.9119' L=363.1294' / 00 Ch=362.7831' 200+55.13 200+21.82 50 D=02'2314 46.00RT 46.00RT U P.O.B. PAR. 51 ~ _ RIGHT OF WAY m S = PROPOSED x C1 w N52'18'17"W 94.18'L2 L1 EXISTING RIGHT OF WAY CONCORD R O A D (N49'o0'OO°W 95.00' N53'23'49"W 93.02'- 2\1 +".0 I......... .... 0 - PROPOSED BASELINE PI STA=206+02.52 '? m A=17'04'05" C R=2400.0000' + + T=360.1396' o PARCEL PLAT L=714.9448' N SHOWING U Ch=712.3042' � PARCEL 51 D=02'23'14' LINE BEARING DISTANCE CONCORD ROAD JEFFERSON COUNTY L 1 S14'52'14"W 2.30' SCALE 1 " = 50' MARCH 2009 L2 N52'18'17"W 33.31' SHEET 4 OF 4 June 2009 Parcel 52 Page 1 of 4 EXHIBIT County: Jefferson Highway: Concord Road Project Limits: East Lucas to US 96, 69, 287 PROPERTY DESCRIPTION FOR PARCEL 52 Being a 0.1585 acre (6,906 square feet) of land, situated in the F. Bigner Survey, Abstract No. 1, out of and part of that certain called 0.75 acre tract of land, also being identified as Tract No. 1, having been conveyed to Richard E. Bonura from D. R. Barry by deed dated May 10, 1960 and being recorded under Volume 1213 Page 89 of the Deed Records of Jefferson County, Texas, said 0.1585 (6,906 square feet) acre of land being more particularly described as follows; COMMENCING at a 5/8" iron rod found for a Southeasterly exterior ell comer of that certain tract of land having been conveyed to New Hope Primitive Baptist Church of Beaumont, Texas from N. M. Hams by deed dated September 18, 1930 and being recorded under Volume 348 Page 444 of the Deed Records of Jefferson County, Texas, and a interior ell comer of the said 0.75 acre Bonura tract, said point also being in the Northeasterly line of the abandoned T&NO RR right-of-way; THENCE, NORTH 02°26'03" WEST along the boundary line between the said New Hope Primitive Baptist Church of Beaumont, Texas tract and the said 0.75 acre Bonura tract for a distance of 190.21 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 and the POINT OF BEGINNING of the parcel herein described; 1) THENCE, NORTH 02 026'03° WEST continuing along the boundary line between the said New Hope Primitive Baptist Church of Beaumont, Texas tract and the said 0.75 acre Bonura tract for a distance of 47.44 feet to a 1 1/2" iron pipe found for comer in the existing Southwest right-of-way line of Concord Road, said point being the Northeast comer of the said New Hope Primitive Baptist Church of Beaumont tract and also being the Northwest comer of the said 0.75 acre Bonura tract; 2) THENCE, SOUTH 52 018'17" EAST along the existing Southwest right-of-way of Concord Road for a distance of 167.10 feet to a point for comer in the existing Southwest right-of-way line of Concord Road, said comer also being in the Northwest right-of-way line of Dowlen Road, which was conveyed as that certain called 0.581 acre tract of land having been conveyed to The City of Beaumont from Richard E. Bonura by deed dated August 1, 1977 and being recorded under Volume 2015 Page 453 of the Deed Records of Jefferson County, Texas, and from said point a 3/8" iron rod found in concrete bears SOUTH 07°00'00" EAST a distance of 1.40 feet; EXHIBIT "D" June 2009 Parcel 52 Page 2 of 4 EXHIBIT_ 3) THENCE, SOUTH 07 000'00" EAST, along the Northwest right-of-way line of Dowlen Road and the said 0.581 acre The City of Beaumont tract for a distance of 36.92 feet to a 4" concrete monument found for corner; 4) THEM, SOUTH 38°25'33"WEST, continuing along the Northwest right-of-way line of Dowlen Road and the said 0.581 acre The City of Beaumont tract for a distance of 51.38 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; 5) THEME, NORTH 10°10'19"WEST, along the proposed Southwest right-of-way line of Concord Road for. a distance of 66.59 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 corner also being the beginning of a curve turning to the right having a radius of 2446.00 feet and being subtended by a chord bearing NORTH 54"17'05"WEST having a chord length of 75.77 feet; 6) THENCE NORTHWESTERLY, along and with said curve for an arc length of 75.77 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; 7) THENCE, NORTH 53 023'49" WEST,along the proposed Southwest right-of-way line of Concord Road for a distance of 36.74 feet to the POINT OF BEGINNING and containing 0.1585 acre (6,906 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 comers 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 JUNE 2009. OF TEL Mark W. Whiteley, RPLS #3636 aso?, o Su�J LEGEND ■ SET 5/8' 1. R. WITH CAP STAMPED 'CITY OF BEAUMONT ROW MONUMENT' TXDOT CONTROL MONUMENT Q PARCEL NUMBER o FND PROPERTY CORNER AS NOTED POWER POLE PROPOSED ROW LINE PARENT TRACT EXISTING ROW LINE N.T.S. PROPERTY LINE rE — — SURVEY LINE CONCORD Ra4p COUNTY LINE P.0.a PARCEL 52 52 - GALLED 0.75 ACRES iRICT N0. 1 SEP1E1l8E"R 18. 1930 VOL 121 PG 89 � VOL 348 PC 444 DRX 3 g R. ^ .. PARCEL 52 FND. o 'N FND. 518' L R00 0 F. BIGNER SURVEY ABSTRACT N0. 1 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. HITE �Y"" EXISTING TAKING REMAINING �►�J ..•e<.� ��:�o ACRES ACRES S.F. ACRES PARCEL 52, +MARK . WHITELEY S O °' 75 0. 1585/(6906) o. s91 s D ASSOCIATES INCORPORATED PARCEL PLAT TING ENGINEERS, S H OW I N G ORS, AND PLANNERS PARCEL 52 CONCORD ROAD JEFFERSON COUNTY P. 0. BOX 5492 3250 EASTEX FRWY. BEAUMONT. TEXAS 77726-5492 BEAUMONT, TEXAS 77703 SCALE 1 " = 50' JUNE 2009 409-892-0421 (FAX) 409-892-1348 EXHIBIT "E" SHEET 3 OF 4 co PI STA=199+68.14 n L1=08'40'09" co, //,o 8=2400.0000' �o T=181.9119' L=363.1294' PREP _. �0AD N Ch=362.7831' 5A DSED eqS ELIE� D=02'23'14" LINE EXISTING C 3B -552,8, " 201 +00 NTER�l . RIGHT OF WAY EXISTING R!G f 167 �o H 10' 3/8" I. ROD IN CONC. BEARS OF WqY S07'00'00"E 1.40'` 201+49.35 ki 53A 46.00LT o� 1 4—, oo- CALLED 0.252 ACRES REMAINDER OF 01+86, 8 P.O.Q. PAR. 52 or'�ox JAMES M. CANIZARO CALLED 0.545 ACRES 4 NC, AUGUST 19, 1981 46.00LT 200+75.00 'o THE TEXAS NATIONAL VOL 2332 PG 384 � „� M U. 46 / BANK OF BEAUMONT . DRJC OOLT - \ OCTOBER 15, 1935 0, so- oy �v 200+29.68 VOL 406 PG 75 h 93.53LT F= DRJC o NEW HOPE PRIMITIVE CALLED 0.75 ACRES Q � C-> X BAPTIST CHURCH TRACT NO. 1 Q �-zrn �, W SEPTEMBER 18, 1930 '`AO RICHARD E. BONURA q;m^�; VOL 348 PG 444 MAY 10, 1960 c o•=�Q> �Bq DRJC VOL 1213 PG 89 NEON DRJC P.O.C. PAR. 52 FND 5/8" I. ROD - O \ F. BIGNER SURVEY Q ,ABSTRACT NO. 1 \� PARCEL PLAT SHOWING PARCEL 52 LINE BEARING DISTANCE CONCORD ROAD JEFFERSON COUNTY L 1 N53'23'49"W 36.74' 1 \ CURVE RADIUS ARC LENGTH CHORD LENGTH CHORD BEARING DELTA ANGLE SCALE 1 " = 50' JUNE 2009 Cl 2446.00' 75.77' 75.77' N54'1 7'05"W 01'46'30" SHEET 4 OF 4 E RICH WITH OPPORTUNITY [IEAUMON* T • Z • X • A • S City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Patrick DonartR Public Works Director MEETING DATE: December 6,2011 REQUESTED ACTION: Council consider a resolution authorizing the acquisition of properties for the Concord Road Pavement Widening Project. RECOMMENDATION The Administration recommends approval. BACKGROUND As part of the Concord Road Pavement Widening Project,approximately sixty-two(62)parcels of land from East Lucas to Highway 105 are being acquired. The owner of the properties listed below,has agreed to convey her property to the City: Parcel#26 0.0253 acre situated in the F. Bigner Survey,Abstract No. 1 (5418 Concord Road) Value: $1,200.00 Owner: Tucker Family Limited Partnership Parcel#39A 0.0792 acre situated in the F. Bigner Survey,Abstract No. 1 (5600 Block Concord Road) Value: $20,000.00 Owner: Tucker Family Limited Partnership Parcel#39B 0.0436 acre situated in the F. Bigner Survey,Abstract No. 1 (5695 Concord Road) Value: $12,000.00 Owner: Tucker Family Limited Partnership BUDGETARYIMPACT Funds are available in the Capital Program. RESOLUTION NO. WHEREAS, an agreement has been negotiated for the acquisition of properties described below and in Exhibits "A," "D," and "G" and shown on Exhibits "B," "C," "E,""F," "H," and "I," attached hereto, for the Concord Road Pavement Widening Project: Parcel #26: 0.0253 acre situated in the F. Bigner Survey, Abstract No.1 Address: 5418 Concord Road Owner: Tucker Family Limited Partnership Appraised Value: $1,200.00 Parcel #39A: 0.0792 acre situated in the F. Bigner Survey, Abstract No. 1 Address: 5600 Block Concord Road Owner: Tucker Family Limited Partnership Appraised Value: $20,000.00 Parcel #3913: 0.0436 acre situated in the F. Bigner Survey, Abstract No. 1 Address: 5695 Concord Road Owner: Tucker Family Limited Partnership Appraised Value: $12,000.00 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, 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 6th day of December, 2011. - Mayor Becky Ames February 2009 Parcel 26 Page 1 of 4 EXHIBIT_ County: Jefferson Highway: Concord Road Project Limits: East Lucas to US 96, 69, 287 PROPERTY DESCRIPTION FOR PARCEL 26 Being a 0.0253 acre (1104 square feet) of land, situated in the F. Bigner Survey, Abstract No. 1, out of and part 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, said 0.0253 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 that certain tract of land 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 and being the most Northeasterly corner 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 said Abood et al tract for a distance of 179.41 feet to a point for comer in the proposed Northeasterly right-of- way line of Concord Road, 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 54037'36" EAST having a chord length of 10.14 feet; THENCE SOUTHEASTERLY, along and with said curve, for an are length of 10.14 feet to a point 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 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 point being the POINT OF BEGINNING of the parcel herein described, also said comer being in the Easterly line of the said Abood et al tract, also said corner being in the Westerly line of the said Tucker Family Limited Partnership tract; EXHIBIT "A" February 2009 Parcel 26 Page 2of4 EXHIBIT— 1) THENCE, SOUTH 54°30'26" EAST, along the proposed Northeasterly right-of-way line of Concord Road for a distance of 101.34 feet to a 5/8" iron rod with cap stamped "City of Beaumont ROW Monument' set for corner, said corner being in the Easterly line of the said Tucker Family Limited Partnership tract and being in the Westerly line of a 1.063 acre tract of land having been conveyed to James Trahan & Maria Trahan from CYRA Holdings Inc. by deed dated April 10, 2006, and being recorded under Clerk's File No. 2006014212 of the Real Property records of Jefferson County, Texas; 2) THENCE, SOUTH 12 012'06" WEST, along the boundary line between the said Tucker Family Limited Partnership tract and the said Trahan for a distance of 11.77 feet to a point for corner in the existing Northeasterly right-of-way line of Concord Road, said point being the Southwesterly comer of the said Trahan tract and also said point being the Southeasterly corner of the said Tucker Family Limited Partnership tract; 3) THENCE, NORTH 54°33'44" WEST, along the existing Northeasterly right-of-way line of Concord Road for a distance of 101.81 feet to a point for comer in the existing Northeasterly right-of-way line of Concord Road, said point being the Southwesterly comer of the said Tucker Family Limited Partnership tract and the Southeasterly corner of the said Abood et al tract; 4) THENCE NORTH 14 032'22" EAST, along the boundary line between the said Tucker Family Partnership tract and the said Abood et al tract for a distance of 11.68 feet to the POINT OF BEGINNING and containing 0.0253 acre (1104 square feet) of land. February 2009 Parcel 26 Page 3 of 4 EXHIBIT 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 comers 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. . T . ............. Mark W. Whiteley, RPLS #3636 LEGEND ■ SET 5/3' T. R. WITH CAP STAMPED 'CITY OF BEAUMONT ROW MONUMENT' TXDOT CONTR❑L MONUMENT O PARCEL NUMBER o FND PROPERTY CORNER AS NOTED POWER POLE PROPOSED ROW LINE TRACT 6 EXISTING ROW LINE THE TUCKER FAMILY LIMITED PARTNERSHIP PROPERTY LINE FCENO. 1005-363-0899 SURVEY LINE OP JC P.O.0 PARCEL 26 COUNTY LINE FND 518° I. ROD CALLED 1.063 ACRES JAMES TRAHAN'& MARIA HAN CALLED 0.510 ACRES AL 10 GEORGE ABOOD CF. N0. &6014212 JAMES H. CALLAS OPRJC JAMES R. CALLAS APRIL 21, 1982 VOL. 2384 PG. 76 P.O.B, PARCEL 26 6 DRJC 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. IF "` HITELEY� . .. . '°9.•• 636 ���•. • EXISTING TAKING REMAINING oF�UP� ACRES ACRES (S.F.) ACRES 0. 5BIS PARCEL 26, 0. 5565 0.0253/(1104) +MARK . WHITELEY D ASSOCIATES INCORPORATED PARCEL PLAT TING ENGINEERS, SHOWING ORS, AND PLANNERS PARCEL 26 CONCORD ROAD JEFFERSON COUNTY P. 0. BOX 5492 3250 EASTEX FRWY. BEAUMONT, TEXAS 77726-5492 BEAUMONT, TEXAS 77703 SCALE 1 " = 50' FEBRUARY 2009 409-892-0421 (FAX) 409-892-1346 SHEET 4 OF 5 EXHIBIT "B" g�Y3 LOT 3 U N�ozo P.O.C. PAR. 26 �,�o a. off zE=°�,4 FND 5/8" 4� w 000z�� I. ROD �s�s CALLED 1.063 ACRES 00 o_ JAMES TRAHAN & J s CALLED 0.510 ACRES �, �� MARIA TRAHAN GEORGE ABOOD TRACT 6 APRIL 10, 2006 = s JAMES H. CALLAS THE EET��UCKgqER FAMILY CF. NO. 2006014212 �. JAMES R. CALLAS SEPTEMBER 3 E%I OPRJC APRIL 21, 1982 LOT 1 VOL. 2384 PG. 76 FC. NO. 105-03-0899 OPRJC DRJC c 169+06.25 U P.O.B. PAR. 26 170+07.59 40,00RT 25 ~ 28 I 40.00RT —~29 'Cl S54'30'26"E 91.47 S54 30'26"E 101.34 PROPOSED RIGHT OF WAY X W d m " ' ' 543344 W 101.81 EXISTIN RIGHT OF WAY PROPOSED BASELINE-Q-1- 170 OO�N54'30' 26 W 1552.99 CONCORD ROAD CURVE RADIUS ARC LENGTH CHORD LENGTH CHORD BEARING DELTA ANGLE Cl 1 2440.00' 10.14' 10.14' S54'37'36"E 00-14'17" PARCEL PLAT LINE BEARING DISTANCE SHOWING L1 S12�32'22�'�C ��l 1.77' PARCEL 26 L2 N1 1.68' CONCORD ROA D JEFFERSON COUNTY SCALE 1 " = 50' FEBRUARY 2009 SHEET 5 OF 5 June 2009 Parcel-39A Page 1 of 5 EXHIBIT— County: Jefferson Highway: Concord Road Project Limits: East Lucas to US 96, 69, 287 PROPERTY DESCRIPTION FOR PARCEL 39A Being a 0.0792 acre (3,449 square feet) of land, situated in the F. Bigner Survey, Abstract No. 1, that certain tract of land being out of and part of that certain called 4.0 acre tract of land, also being identified as Tract No. 4, Save and Except that certain called 1.753 acre tract, that certain called 7/8 acre tract of land, also being identified as Tract No. 1, and that certain called 0.5357 acre tract of land, also being identified as Tract No. 2, all having been conveyed to the 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 Real Property Records of Jefferson County, Texas, said 0.0792 (1,898 square feet) acre of land being more particularly described as follows; COMMENCING at a %Z" iron rod found for the Southwest corner of the said 0.5357 acre The Tucker Family Limited Partnership tract and being in the East line of the said 7/8 acre The Tucker Family Limited Partnership tract; THENCE, NORTH 01 001'48" WEST, along the boundary line between the said 0.5357 The Tucker Family Limited Partnership tract and the said 718 acre The Tucker Family Limited Partnership tract for a distance of 201.68 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 and the POINT OF BEGINNING of the parcel herein described, said comer also being the beginning of a curve turning to the right having a radius of 1050.00 feet and being subtended by a chord bearing NORTH 6502721"WEST having a chord length of 108.25 feet; 1) THENCE NORTHWESTERLY, along and with said curve for an arc length of 108.30 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 point being in the West line of 7/8 acre The Tucker Family Limited Partnership tract and being in the East line of the remainder of the said 4.0 acre The Tucker Family Limited Partnership tract, said corner also being the beginning of a curve turning to the right having a radius of 1050.00 feet and being subtended by a chord bearing NORTH 62 019'10" WEST having a chord length of 6.66 feet; EXHIBIT "D" June 2009 Parcel 39A Page 2 of 5 EXHIBIT 2) THENCE NORTHWESTERLY, along and with said curve for an arc length of 6.66 feet to a 518" 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 Northwest line of the remainder of the said 4.0 acre The Tucker Family Limited Partnership tract and in the Southeast line of that certain tract of land being out of and part of that certain called 4.0 acre tract of land having been conveyed to the Martha Tucker from Gordon R. Tucker by deed dated June 23, 1975 and being recorded under Volume 1884 Page 207 of the Deed Records of Jefferson County, Texas, the same being that certain called 1.753 acre tract of land being described as a save and except tract by deed being recorded under Film Code No. 105-03-0899 of the Real Property Records of Jefferson County, Texas; 3) THENCE, NORTH 29 009'53" EAST, along the boundary line of the said Martha Tucker tract and the remainder of the said 4.0 acre The Tucker Family Limited Partnership tract for a distance of 11.14 feet to a point for comer in the existing Southwest right-of-way line of Concord Road, said point being the East comer of the said Martha Tucker tract and the North comer of the remainder of the said 4.0 acere The Tucker Family Limited Partnership tract, and the North comer of the said 7/8 acre The Tucker Family Limited Partnership tract, said comer also being the beginning of a curve turning to the left having a radius of 1175.92 feet and being subtended by a chord bearing SOUTH 66°37'08" EAST having a chord length of 107.49 feet; 4) THENCE SOUTHEASTERLY, along and with said curve for an arc length of 107.53 feet to a point for comer, said point being the Northeast comer of the said 7/8 acre The Tucker Family Limited Partnership tract, and said point being the Northwest comer of the said 0.5357 acre The Tucker Family Limited Partnership tract, said comer also being the beginning of a curve turning to the left having a radius of 1175.92 feet and being subtended by a chord bearing SOUTH 72 034'35" EAST having a chord length of 136.93 feet; 5) THENCE SOUTHEASTERLY, along and with said curve for an arc length of 137.01 feet to a point for comer, said corner being the Northeast comer of the said 0.5357 acre The Tucker Family Limited Partnership tract and being the Northwest comer of that certain called 4.413 acre tract of land having been conveyed to Kevin James Wilson from Erwin Leblanc by deed dated November 13, 1995 and being record under Clerk's File No. 9533459 of the Real Property Records of Jefferson County, Texas; June 2009 Parcel 39A Page 3 of 5 EXHIBIT 6) THENCE, SOUTH 07 059'14" WEST, along the boundary line between the said 0.5357 acre The Tucker Family Limited Partnership tract and the said 4.413 acre Wilson tract for a distance of 15.72 feet to a 518" iron rod with cap stamped "City of Beaumont ROW Monument" set for corner in the proposed Southwest right-of-way line of Concord Road, said corner also being the beginning of a curve turning to the right having a radius of 1050.00 feet and being subtended by a chord bearing NORTH 72°05'19"WEST having a chord length of 134.73 feet; 7) THENCE NORTHWESTERLY, along and with said curve for an arc length of 134.82 feet to the POINT OF BEGINNING and containing 0.0792 acre (3,449 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 comers 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 JUNE 2009. �E OF TF NN..N.N.N.N... • 3636 P 2 Mark W. Whiteley, RPLS #3636 SUR`t LEGEND ■ SET 5/8' 1. R. WITH CAP STAMPED 'CITY OF BEAUMONT ROW MONUMENT' TXDOT CONTROL MONUMENT Q PARCEL NUMBER o FND PROPERTY CORNER AS NOTED PARENT TRACT POWER POLE N.T.S. PROPOSED ROW LINE EXISTING ROW LINE PROPERTY LINE — SURVEY LINE COUNTY LINE COAICORD ROgo OUT OF AND PART OF CALLED 4.0 ACRE TRACT THE TUCKER FAMILY 0.8. LIMITED PARTNERSHIP PARCEL 39A SEPTEMBER 3, 1993 FC NO. 105-03-0899 OPRJC ) P.O.0 PARCEL 394 (- FND. 112'1. ROD CALLED 0.5357 ACRES CALLED 4.0 ACRES TRACT 2 S do E 1.753 ACRES THE TUCKER FAMILY LAUB PARTNERSHIP TRACT 4 SEPTEMBER 3, 1993 THE TUCKER FAMILY FC NO. 105- -0899 LivaED PARTNERSHIP SEPTEMBER J. 1993 FC NO. 105-03-089.9 CALLED 718 ACRES OPRJC F. BIGNER SURVEY TRACT 1. ABSTRACT NO. 1 THE TUCKER FmLY IL Ld1/1TED PARTNERSHIP SEPTEMBER 3, 1993 FC NO. 105-03-0899 OPRIC 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 OF rL :Q O; 3 r EXISTING TAKING REMAINING ACRES ACRES/ S.F ACRES V" PARCEL 39A, MARK W. WHITELEY 3. 6577 0.0792/(1898) 3. 5785 � �Zo�g AND ASSOCIATES INCORPORATED PARCEL PLAT CONSULTING ENGINEERS, SHOWING SURVEYORS, AND PLANNERS PARCEL 3 9 A CONCORD ROAD JEFFERSON COUNTY P. BOX 5492 3250 EEX BEAUMONT,O TEXAS 77726-5492 BEAUMONT,�TEEXASR 77703 SCALE 1 " = 50' JUNE 2009 409-892-0421 (FAX) 409-892-1348 SHEET 4 OF 5 EXHIBIT "E" U-) of -5/8" I. ROD BEARS CONCORD ROAD � _ S07'S9'14"W 6.51 184+00 PROPOSED BASELI E PI STA=187+1.23 -EXISTING RIGHT OF WAY C3 A=17°58'00" _ C5 R=1010.0000' C1 - 182+18.07 T=159.6679' —PROPOSED BASELINE C2 - 40.00LT L=316.7148' 184+51.91 Ch=315.4188' 184+59.57 40.00LT D=05°40'22' 40.00LT, 183 , P.O.B. PAR. 39A 40.00L OOLT CALLED 4.413 ACRES BUILDING RESIDENCE KEVIN JAMES WILSON 396 RESIDENCE NOV 13, 1995 CF NO. 9533459 12 o�, CALLED 0.5357 ACRES OPRJC o� TRACT 2 CALLED 7/8 ACRES ��p; THE TUCKER FAMILY LIMITED PARTNERSHIP _ TRACT 1 SEPTEMBER 3, 1993 U- OUT OF AND PART OF THE TUCKER FAMILY r, FC N0. 105-03-0899 OPRJC CALLED 4.0 ACRE TRACT LIMITED PARTNERSHIP Rio 39A m THE TUCKER FAMILY SEPTEMBER 3, 1993 LIMITED PARTNERSHIP CALLED 4.0 ACRES FC NO. 105-03-0899 X SEPTEMBER 3, 1993 S & E 1.753 ACRES OPRJC P.O.C. PAR. 39A W FC NO. 105-03-0899 TRACT 4 OPRJC THE TUCKER FAMILY FND 1/2" LIMITED PARTNERSHIP I. ROD SEPTEMBER 3, 1993 FC NO. 105-03-0899 SUgvE1 F 8��g�A 110 �B5 LINE 13EARING DISTANCE L 1 N29'0953"E 11.14' L2 SO7*59'14V 15.72' PARCEL PLAT SHOWING CURVE RADIUS ARC LENGTH CHORD LENGTH CHORD BEARING DELTA ANGLE PARCEL 39A C1 1050.00' 108.30' 108.25' N65'27'21"W 05'54'33" C2 1050.00' 6.66' 6.66' N62'19'1O"W 00'20'56" CONCORD ROAD JEFFERSON COUNTY C3 1175.92' 107.53' 107.49 S66'37'08"E 5'14'21" C4 1175.92' 137.01' 136.93' N72'34'35"W 6'40'33" SCALE 1 " = 50' JUNE 2009 C5 1050.00' 134.82' 134.73' N72`05'19"W 07'21'23" SHEET 5 OF 5 June 2009 Parcel 39B Page 1 of 4 EXHIBIT County: Jefferson Highway: Concord Road Project Limits: East Lucas to US 96, 69, 287 PROPERTY DESCRIPTION FOR PARCEL 39B Being a 0.0436 acre (1,898 square feet) of land, situated in the F. Bigner Survey, Abstract No. 1, that certain tract of land being out of and part of that certain called 4.0 acre tract of land having been conveyed to the Martha Tucker from Gordon R. Tucker by deed dated June 23, 1975 and being recorded under Volume 1884 Page 207 of the Deed Records of Jefferson County, Texas, the same being that certain called 1.753 acre tract of land being described as a save and except tract by deed being recorded under Film Code No. 105-03-0899 of the Real Property Records of Jefferson County, Texas, said 0.0436 (1,898 square feet) acre of land being more particularly described as follows; COMMENCING at a 1/2 iron rod found for the South comer of that certain called 7.7982 acre tract of land from the Amended Final Plat of Target Subdivision for Target Stores by plat dated June 11, 1981 and being recorded under Volume 14 Page 78 of the Map Records of Jefferson County, Texas, and being in the Northeasterly right-of-way line of U.S. Highway 69, 96, & 287; THENCE, NORTH 46°37'08" EAST along the Northeast right-of-way line of U.S. Highway 69, 96, & 287 for a distance of 49.82 feet to a fence post found for comer, said point being the Southwest corner of the remainder of that certain called 4.0 acre tract of land, also being identified as Tract 4, 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 Real Property Records of Jefferson County, Texas, save and except that certain called 1.753 acre tract of land being described in said deed; THENCE, NORTH 26°28'40" EAST, along the Southeast boundary line of the said 7.7982 acre Target Stores tract for a distance of 624.01 feet to a 518" iron rod with cap stamped "City of Beaumont ROW Monument" set for corner in the proposed Southwest right-of-way line of Concord Road and the POINT OF BEGINNING of the parcel herein described; 1) THENCE, NORTH 26 03119" EAST, continuing along the Southeast boundary line of the said 7.7982 acre Target Stores tract for a distance of 10.49 feet to a 5/8" iron rod found for corner in the existing Southwest right-of-way line of Concord Road, said point being the most Easterly corner of the said 7.7982 acre Target Stores tract and being the most Northerly corner of the said Martha Tucker tract; EXHIBIT"G" June 2009 Parcel 39B Page 2 of 4 EXHIBIT— 2) THENCE, SOUTH 62°03'31" EAST along the existing Southwest right-of-way line of Concord Road for a distance of 135.98 feet to a point for comer in the existing Southwest right-of-way line of Concord Road, said comer also being.the beginning of a curve turning to the left having a radius of 1175.92 feet and being subtended by a chord bearing SOUTH 63°01'44" EAST having a chord length of 39.83 feet; 3) . THENCE SOUTHEASTERLY, along and with said curve for an arc length of 39.83 feet to a point for corner, said corner being the most Easterly corner of the said Martha Tucker tract and being the most Northerly corner of the said remainder of the 4.0 acre Tucker Family Partnership tract; 4) THENCE, SOUTH 29 009'53" WEST, along the boundary line of the said Martha Tucker tract and the said remainder of the 4.0 acre Tucker Family Partnership tract for a distance of 11.14 feet to a 5/8" iron rod with cap stamped "City of Beaumont ROW Monument" set for corner in the proposed Southwest right-of-way line of Concord Road; 5) THENCE, NORTH 62°03'58" WEST, along the proposed Southwest right-of-way line of Concord Road for a distance of 175.30 feet to the POINT OF BEGINNING and containing 0.0436 acre (1 ,898 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 A c GIVEN UNDER MY HAND AND SEAL THIS THE Z} DAY OF JUNE 2009. OF r f' :4iC' Mark W. Whi eley, RPLS #3636 pF LEGEND ■ SET 5/8' I. R. WITH CAP STAMPED "CITY ❑F BEAUMONT R❑W MONUMENT" TXDOT CONTROL MONUMENT 0 PARCEL NUMBER PARENT TRACT O FND PROPERTY CORNER AS NOTED POWER POLE N.T.S. PROPOSED ROW LINE EXISTING ROW LINE CONCORD ROAD PROPERTY LINE SURVEY LINE PARCEL 398 COUNTY LINE CALLED 7 798 ACRES. TARGET SUBDVVISION OUT OF AND PART OF JUNE 11, 1981 CALLED 4.0 ACRE TRACI VOL. 14 PG. 78 THE TUCKER FAMILY MRJC UANTED PARTNERSHP SEPTEMBER J. 1993 C NO. 105-03-0899 OPRJC CALLED 4.0 ACRES S & E 1.753 ACRES TRACT 4 CALLED 718 ACRES THE TUCKER FAMILY TRACT 1 UMM PARTNERSHIP THE TUCKER FAAKY SEPTEMBRER 3, 1993 LIMITED PARTNERM FC NO. 105-03-0899 SEPTEMBER 3, 1993 OPRJC FC NO. 105-03-0899 OPRX P.O.0 PARCEL 390 At �0' FND. 112'L ROD gl 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. 0 IF •,..l LEY.... TAKING REMAINING EXISTING \ q �36. .� ACRES ACRES/ S.F. ACRES J:o *.' ..... .��-L 1. 753 PARCEL 399, 1. 7094 MARK W. WHITELEY � 5UR`� 0. 0436/(1898) AND ASSOCIATES INCORPORATED PARCEL PLAT CONSULTING ENGINEERS, SHOWING SURVEYORS, AND PLANNERS PARCEL 3 9 B ® CONCORD ROAD JEFFERSON COUNTY P. 0. BOX 5492 3250 EASTEX FRWY. JUNE 2009 BEAUMONT, TEXAS 77726-5492 BEAUMONT, TEXAS 77703 SCALE 1 ' = 50' 409-892-0421 (FAX) 409-892-1346 SHEET 3 OF 4 EXHIBIT "H" � W c J n C� do Q op N t Q _CONCORD ROAD J � 1.86+00 _ PROPOSED BASEL E RIGHT FO W'°`Y Z — "E 135.98' Ci —562'03'31 a XISTING N PI STA=187+1,23 m BASELINE L=17°58'00" o N62'03'58 W 175.30 ROPOSED R=1010.0000' 186+33,57 0 `O T=159.6679' U 40,OOLT 184+59.57 L=316.7148' 39A O.B. PAR. 39B 40,OOLT� A Ch=315.4188' z 42 D=05°40'22° z w J o0� CALLED TRACT j ACRES z u °; THE TUCKER FAMILY ° LIMITED PARTNERSHIP o = CALLED 7.7982 ACRES Q OUT OF AND PART OF SEPTEMBER 3, 1993 f FC N0. 105-03-0899 Z m TARGET SUBDIVISION '- CALLED 4.0 ACRE TRACT JUNE 11 1981 THE TUCKER FAMILY OPRJC w X VOL. 14 �G. 78 W LIMITED PARTNERSHIP CALLED 4.0 ACRES MRJC o SEPTEMBER 3, 1993 S & E 1.7553 ACRES w 3 Q 0 Iq W FC NO. 105-03-0899 TRACT 4 z OPRJC THE TUCKER FAMILY LIMITED PARTNERSHIP z SEPTEMBER 3, 1993 m N N 2 ui FC NO. 105-03-0899 OPRJC w w i PARCEL PLAT FND FENCE SHOWING P.O.C. PAR. 39B POST ccov �R PARCEL 39B FNDR11/ 81���CT gyp. 1 CONCORD ROAD JEFFERSON COUNTY SCALE 1 " = 50' JUNE 2009 clo a SHEET 4 OF 4 RICH WITH OPPORTIIIIITY BEAUMON* T • E • X • A • S City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager p. PREPARED BY: Patrick Donartgy, Public Works Director MEETING DATE: December 6, 2011 REQUESTED ACTION: Council consider a resolution authorizing the acquisition of property for the Concord Road Pavement Widening Project. RECOMMENDATION The Administration recommends approval. BACKGROUND As part of the Concord Road Pavement Widening Project, approximately sixty-two (62)parcels of land from East Lucas to Highway 105 are being acquired. The owner of the property listed below,has agreed to convey his property to the City: Parcel#30 0.0477 acre situated in the F. Bigner Survey, Abstract No. 1 (5525 Concord Road) Value: $2,000.00 Owner: Jonathan W. &Barbette E. Finch BUDGETARYIMPACT Funds are available in the Capital Program. 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 #30: 0.0477 acre situated in the F. Bigner Survey, Abstract No.1 Address: 5525 Concord Road Owner: Jonathan W. & Barbette E. Finch Appraised Value: $2,000.00 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, 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 6th day of December, 2011. - Mayor Becky Ames - February 2009 Parcel 30 Page 1 of 4 EXHIBIT_ County: Jefferson Highway: Concord Road Project Limits: East Lucas to US 96, 69, 287 PROPERTY DESCRIPTION FOR PARCEL 30 Being a 0.0477 acre (2079 square feet) of land, situated in the F. Bigner Survey, Abstract No. 1, out of and part of a certain 2.933 acre tract having been conveyed to Jonathan W. Finch and wife, Barbette Elaine Finch from Exeen Thiele Morgan, by deed dated October 27, 1986, and being recorded under Film Code No. 101-61-0250 of the Real Property records of Jefferson County, Texas, said 0.0477 acre of land being more particularly described as follows; COMMENCING at an 2" iron pipe with cap found for the Southwest comer of the said Finch tract; THENCE, NORTH 19°2329" EAST along the boundary line between the said Finch tract and that certain tract of land having been conveyed to Michael R. Maurer and wife, Frances E. Maurer from Muriel Agnes Hayes Smiley, Independent Executrix of the Estate of Agnes A. Hayes, by deed dated November 3, 1986, and being recorded under Film Code No. 101-62-1005 of the Real Property records of Jefferson County, Texas for a distance of 779.29 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, from said comer a 1" iron pipe found bears SOUTH 19°23'29"WEST 2.58 feet, also said comer being the POINT OF BEGINNING of the parcel herein described; 1) THENCE, NORTH 19°23'29" EAST, continuing along the boundary line between the said Finch tract and the said Maurer tract for a distance of 11.50 feet to point for comer in the existing Southwest right-of-way of Concord Road, said comer also being the beginning of a curve turning to the right having a radius of 2834.79 feet and being subtended by a chord bearing SOUTH 57°13'26" EAST having a chord length of 210.12 feet; 2) THENCE SOUTHEASTERLY, along and with said curve, for an arc length of 210.17 feet to a point for corner, said comer being the most Easterly corner of the said Finch tract and also in the most Northerly comer of a certain 1.11 acre tract having been conveyed to Frances Clouche Bowman, an unmarried person, and Delia Clouche, an unmarried person from The Heirs at law of Wilburn Walter Ballard, by deed dated October 24, 2000, and being recorded under Clerk's File 2000040352 of the Real Property records of Jefferson County, Texas; EXHIBIT "A" February 2009 Parcel 30 Page 2 of 4 EXHIBIT 3) THENCE, SOUTH 25°02'49" WEST along the boundary line between the said Finch tract and the said Bowman et al tract for a distance of 9.20 feet to a 5/8" iron rod with cap stamped "City of Beaumont ROW Monument" set for comer, said comer being in the proposed Southwest line of Concord Road, said corner also being the beginning of a curve turning to the left having a radius of 2360.00 feet and being subtended by a chord bearing NORTH 57°47'36" WEST having a chord length of 208.70 feet; 4) THENCE NORTHWESTERLY, along and with said curve, for an arc length of 208.77 feet to the POINT OF BEGINNING and containing 0.0477 acre (2079 square feet) of land. A parcel plat of even date accompanies this property description. I, Mario 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 surrey 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 GIVEN UNDER MY HAND AND SEAL THIS THE DAY OF FEBRUARY 2009. '(�.•0 F CO o�tP .. .................. 1 ����WHITELEV 36 ,� Q Mario W. Whiteley, RPLS #3636 s LEGEND ■ SET 5/8' I. R. WITH CAP STAMPED 'CITY OF BEAUMONT ROW MONUMENT' TXD❑T CONTROL MONUMENT CONCORD ROAD 0 PARCEL NUMBER 0 FND PROPERTY CORNER AS NOTED P.O.B. 30 POWER POLE PARCEL 30 PROPOSED ROW LINE FRANCES CALLED 1. BOWMAN & DELLA CLOUCHE EXISTING ROW LINE OCTOBER 24, 2000 MICHAEL R. MAURER & CF. N0. X000040352 PROPERTY LINE WIFE FRANCES E. MAURER 0 C,J1`C SURVEY LINE NOVEMBER 3, 1986 FC. NO. 101-62-1005 COUNTY LINE OPRJC CALLED 2.933 ACRES JONATHAN W. FINCH & WIFE, BARRETTE ELAINE FINCH OCTOBER 27, 1986 FC. NO. 101-61-0250 OPRJC PARENT TRACT N.T.S. P.O.0 PARCEL 30 FND. 2" 1. PIPE 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. O F T� Q C,l S T fR•.�7 ....... .. .....».... .WH LEY <. 9 3. . ...y.. °� ,.• -�o EXISTING TAKING REMAINING ACRES ACRES S.F. ACRES 2. 933 0. 0447/(2079)PARCEL 30, 2. 8883 +MARK . WHITELEY D ASSOCIATES INCORPORATED PARCEL PLAT TING ENGINEERS, S H O W I N G ORS, AND PLANNERS PARCEL 30 m CONCORD ROAD JEFFERSON COUNTY P. 0. BOX 5492 3250 EASTEX FR11Y. BEAUMONP, TEW 77128-5492 BEAUMONP. TEXAS 77703 SCALE 1 " = 50' FEBRUARY 2009 409-892-0421 (FAX) 409-892-1348 SHEET 3 OF 4 EXHIBIT "B" o o N m + ,Z2c,n' = 170+00 Q N r- oy ° BASELINE CONCORD ROAD ^154.3o'26"w 1552.99' w � Ln PROPOSED 0 0 o C1 = r EXISTING RIGHT OF WAY N r _ C2 1+3,1 1.48 PROPOSED RIGHT OF WAY 171 z 173+42.85 FND 1" I. PIPE BEARS 40.00LT Q w S19'23 29 W 2.58 w (o (o 40,001-T °° N "' 27 P.O.B. PAR. 30 30 o NO r` � U (n Z N z CALLED 2.933 ACRES w CL CURVE DATA JONATHAN W. FINCH & Ri -' PI STA.=172+22.57 WIFE, BARBETTE ELAINE FINCH U � CALLED 1.11 ACRES N 0 A=05°53'33' OCTOBER 27, 1986 N FRANCES CLOUCHE BOWMAN o 6 o6 R2400,0000' FC. NO. 101-61-0250 & DELIA CLOUCHE pp = N ° T123 .5202' OPRJC "? OCTOBER 24, 2000 = L246.8227' CF. NO. 2000040352 040352 W CH246.7139' z D02°23'14' z ~ 'o w c� z MICHAEL R. MAURER & t0 � o o6 - � LINE BEARING DISTANCE — o WIFE, FRANCES E. MAURER �^ ° „ Q N N NOVEMBER 3, 1986 ° L 1 N19.23 29 E 11.50 FC. NO. 101-62-1005 L2 S25"02'49"W 9.20' o OPRJC 4 o PARCEL PLAT co N P.O.C. PAR. 30 SHOWING FND 2" PARCEL 30 w 1. PIPE CONCORD ROAD JEFFERSON COUNTY D N SCALE 1 " = 50' FEBRUARY 2009 U U U SHEET 4 OF 4 RICH WITH OFFOATIIHITY BEAU' ' T • Z • X • A • S City Council Agenda Item TO: City Council FROM: Kyle Hayes,City Manager MEETING DATE: December 6,2011 REQUESTED ACTION: Consider adopting a resolution casting the City's votes(465) for C. L. Sherman to the Board of Directors of the Jefferson County Appraisal District. RECOMMENDATION Administration recommends approval. BACKGROUND C. L. Sherman is a current member of the Board of Directors of the Jefferson County Appraisal District. The terms of the current Board members expire on December 31,2011. A letter from Roland Bieber,Chief Appraiser,is attached for your review. Jefferson County Appraisal District (409)840-9944 P.O.Box 21337 . 4610 S.Fourth St (409)7274611 Beaumont,Texas 77720-1337 . Beaumont,Texas 77705 Fax(409)727-5621 CHIEF APPRAISER MEMBERS OF THE BOARD Roland R.Bieber,RPA October 18, 2011 Dr.Louis Reed,Jr.,Chairperson Eugene Landry,Secretary J.Shane Howard Miriam K Johnson Charles Lankford C.L.Sherman Mrs. Becky Ames Mayor City of Beaumont P O Box 3 827 Beaumont TX 77704 Dear Mayor Ames: In accordance with Section 6.03(f) of the Property Tax Code, I have enclosed a copy of the ballot of the nominees for the Jefferson County Appraisal District Board of Directors for the 2012- 2013 term of office. All five positions on the Board of Directors are up for re-election. You may cast all of your votes for one nominee or distribute them as you wish among the nominees. Each taxing unit entitled to vote must cast its votes in the form of a resolution adopted by its governing body and submit it to me before December 15, 2011. Please refer to the enclosed voting allocation to determine the number of votes your entity is entitled to in this election. The nominee receiving the majority of the votes of the conservation and reclamation districts will receive all of the votes cast by these districts. S , Roland R. Bieber, RPA Chief Appraiser ' pJb En osures - 2 OCZ 20 2, Mr. Kyle Hayes, City Manager 01 R_ ELECTION BALLOT Jefferson County Appraisal District Board of Directors, 2012 2013 Term of Office The following individuals have been nominated: Miriam Johnson Eugene Landry Charles Lankford Dr. Louis Reed C. L. Sherman JEFFERSON COUNTY APPRAISAL DISTRICT Voting Allocation for 2012 - 2013 Board of Directors Based on 2010 Tax Levies % of Total 2010 Tax Levy" Tax Levy # of Votes Drainage District #6 $17,557,079.85 3.75% 187 Drainage District #7 $15,512,432.58 3.31 % 166 Navigation and Waterways Dist $5,999,233.43 1 .28% 64 Port of Beaumont $6,346,476.89 1 .35% 68 Port of Port Arthur $8,834,975.84 1 .89% 94 Port of Sabine Pass $525,948.12 0.1 1 % 6 Trinity Bay Conservation Dist $132,246.06 0.03% 1 WCID #10 $878,561 .85 0.19% 9 SUBTOTAL C & R DISTRICTS: $55,786,954.62 11 .91 % 595 Jefferson County $79,933,122.21 17.06% 853 Beaumont ISD $115,116,708.99 24.57% 1,229 Hamshire-Fannett ISD $8,423,275.52 1 .80% .90 Hardin Jefferson ISD $8,526,805.46 1 .82% 91 Nederland ISD $21 ,126,903.47 4.51 % 226 Port Arthur ISD $60,000,239:96 12.81 % 641 Port Neches-Groves ISD $37,694,116.02 8.05% 402 Sabine Pass ISD $6;934,625.63 1 .48% 74 City of Beaumont $43,572,420.46 9.30% 465 City of Bevil Oaks $104,576.19 0.02% 1 City of Groves $4,694,807.91 1 .00% 50 City of Nederland $5,461,468.52 1 .17% 58 City of Port Arthur $15,446,436.74 3.30% 165 City of Port Neches $5;609,966.48 1 .20% 60 SUBTOTALS: $412,645,473.56 88.09% 4,405 TOTALS: $468,432,428.18 100.00% 5,000 RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Council hereby casts all of its votes for C. L. Sherman to the Board of Directors of the Jefferson County Appraisal District. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 6th day of December, 2011. - Mayor Becky Ames - RICH WITH OPPORTUNITY BEAUMON*` T • E • g • A • B City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tyrone E. Cooper, City AttorneX -___ MEETING DATE: December 6,2011 REQUESTED ACTION: Council consider adoption of a resolution approving the proposed"Code of Ethics for Juvenile Case Managers," "Pre-Service and In-Service Recommendations," and"Pre- Service and In-Service Training Requirements." RECOMMENDATION Administration recommends approval. BACKGROUND Three bills passed this past regular legislative session that substantially affect the function of the Juvenile Case Manager position in Municipal Court; SB 61, SB 209, and SB 1489. SB 209 and SB 1489 became effective on September 1, 2011 and SB 61 became effective immediately on June 17, 2011. The legislature has required all cities to adopt rules governing the Juvenile Case Manager position. SB 61 intends Juvenile Case Manager training requirements to be consistent with Juvenile Probation Officers. SB 61 amends Article 45.056 of the Code of Criminal Procedure by providing that the Juvenile Case Managers fund established pursuant to Article 102.0174 of the Code of Criminal Procedure is to allow for not only the payment of salary and benefits of a Juvenile Case Manager, but also the cost of training,travel, office supplies and other necessary expenses related to the position. The bill also requires the governing body of the governmental entity that employs a Juvenile Case Manager to adopt reasonable rules for Juvenile Case Managers that provide a code of ethics, appropriate educational pre-service and in-service training standards, and training in specified areas and requires the employing Court or governmental entity to implement the rules. The governing body is also required to conduct periodic review of Juvenile Case Managers to ensure the implementation of the rules adopted. SB 209 also amends Article 45.056 of the Code of Criminal Procedure concerning the role of the Juvenile Case Manager. In defining the role of the Juvenile Case Manager, SB 209 requires the Juvenile Case Manager to "give priority to"truancy cases as opposed to "work primarily on" truancy cases as was provided for by the prior law. The bill requires a Juvenile Case Manager to timely report to the Judge who signed the order or judgment and, on request,to the Judge assigned to the case or the presiding Judge any information or recommendation relevant to assisting the Judge in making decisions that are in the best interest of the child. The bill also requires the Judge who is assigned to the case to consult with the Juvenile Case Manager who is supervising the case regarding the child's home environment; the child's developmental, psychological, and educational status;the child's previous interaction with the justice systems; and any sanctions available to the court that would be in the best interest of the child. SB 1489 amends the Code of Criminal Procedure to require a county justice or municipal court to dismiss the complaint against an individual alleging that the individual committed the offense of failure to attend school if the court finds that the individual has successfully complied with the conditions imposed by the court or the individual presents to the court proof that he/she has obtained a high school diploma or a high school equivalency certificate. The bill also authorizes such the court to waive or reduce a fee or court costs imposed during such proceedings if the court finds that payment of the fee or court costs would cause financial hardship. Additionally, a court is required to expunge an individual's conviction of failure to attend school and records relating to such a conviction if the court finds that the individual has successfully complied with the conditions imposed by the court or if before the individuals 21 st birthday he/she presents to the court proof that the individual has obtained a high school diploma or a high school equivalency certificate. The proposed resolution adopts the Juvenile Case Manager Code of Ethics, recommendations, and training requirements for the Beaumont Municipal Court Juvenile Case Manager Position. BUDGETARYIMPACT Article 102.0174, allows cities to collect a $5.00 Juvenile Case Manager fee from all defendants convicted or placed on deferred adjudication probation to fund salaries and benefits for this position. The article has been expanded to allow the fees collected to also be used to pay for training, travel, office supplies, and other necessary expenses relating to the position of Juvenile Case Manager from the Juvenile Case Manager fund. RESOLUTION NO. A RESOLUTION ADOPTING ETHICAL AND TRAINING STANDARDS FOR JUVENILE CASE MANAGERS EMPLOYED BY THE CITY OF BEAUMONT, PROVIDING FOR IMPLEMENTATION OF SAID STANDARDS,AND PROVIDING FOR PERIODIC REVIEW TO ENSURE IMPLEMENTATION OF THE REQUISITE STANDARDS. WHEREAS, the City has, pursuant to Code of Criminal Procedure 102.0174, authorized a juvenile case manager fund supported by additional costs assessed and collected in municipal court; and, WHEREAS, the City has, pursuant to Code of Criminal Procedure Art. 45.056, employed a juvenile case manager to provide services in cases involving juvenile offenders before the court; and, WHEREAS, the 82"d Texas Legislature enacted Senate Bill 61, which requires a governing body employing a juvenile case manager to adopt reasonable rules for juvenile case managers that provide for a code of ethics, educational pre-service and in-service training standards, and training in relevant substantive areas; and, WHEREAS, the City wishes to ensure that its juvenile case managers receive the requisite training and are held to the highest ethical standards; NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, • The City hereby adopts the Juvenile Case Manager Code of Ethics, attached hereto as Exhibit "A," as the ethical standard to which the City's juvenile case managers shall be held. • The City hereby adopts the Educational Pre-service and In-service Training Standards, attached hereto as Exhibit"B,"as the appropriate educational standards for its juvenile case managers. • The City hereby requires that its juvenile case managers receive training in the role of the juvenile case manager, case planning and management, applicable procedural and substantive law, courtroom proceedings and presentation, services to at-risk youth, local programs for juveniles, and the detection and prevention of abuse, exploitation, and neglect of juveniles, as set forth in Exhibit "C." • The City hereby directs that the rules adopted herein be implemented by the appropriate personnel. • The City hereby requires annual review of its juvenile case managers to ensure implementation of the rules adopted herein. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 6th day of December, 2011. - Mayor Becky Ames - ATTEST: CITY SECRETARY CODE OF ETHICS FOR JUVENILE CASE MANAGERS PREAMBLE The goal of the juvenile case manager is to assist the Court in administering the Court's juvenile docket and in supervising its court orders in juvenile cases. The mission of the juvenile case manager is to assist judges in providing juveniles resources to shape their futures, connect with the community, and become law abiding citizens.When applying this Code of Ethics, keep foremost in mind that the City is guided at all times by the values of integrity, excellence,compassion,and respect for the dignity of every person. STANDARDS Confidentiality. A juvenile case manager shall not disclose to any unauthorized person any confidential information acquired in the course of employment. A juvenile case manager shall not violate the confidentiality of juvenile clients, unless it is to seek consultation services from within the case management program, school campus, or the juvenile threatened to harm himself,herself, or others, or to provide details of any criminal activity or enterprise. Conflicts of Interest. A juvenile case manager shall be alert to and avoid conflicts of interest that interfere with the exercise of professional discretion and impartial judgment. In order to maintain the community's trust in the judicial system, a juvenile case manager should avoid soliciting or accepting improper gifts, gratuities, or loans, and should avoid engaging in business relations that give rise to an appearance of impropriety. Competence. A juvenile case manager shall endeavor at all times to perform official duties properly and with courtesy and diligence. A juvenile case manager shall fulfill his or her duty and represent himself or herself only within the boundaries of their education, training, license, certification, consultation received, supervised experience,or other relevant professional experience. Respect for the Law. A juvenile case manager shall abide by all federal, state, county and municipal laws, guidelines, ordinances and rules. A juvenile case manager shall be familiar with the Texas Code of Judicial Conduct and the basic standards to which members of the judiciary are held. Abuse of Position. A juvenile case manager shall not use or attempt to use his or her official position to secure unwarranted privileges or exemptions for himself, herself, or any other person. A juvenile case manager shall always maintain an appropriate relationship with juveniles coming under the jurisdiction of the Court. A juvenile case manager shall discriminate against any person on the basis of age, sex, creed, sexual preference,disability,or national origin. ENFORCEMENT Any alleged violation applicable ethical standards shall be subject to investigation and discipline by the hiring entity's designated non judicial department or supervisor. EXHIBIT "A" Pre-Service and In-Service Recommendations Courts may use these guidelines when establishing educational training requirements for their staff. Recommendations for Applicants: Most Preferred: a four year degree in relevant social sciences field such as social work, psychology, sociology. Optional Preferred: a four year degree in any discipline and minimum two year experience as a case manager. Least recommended: a high school diploma/GED and five years relevant(or applicable) experience to be determined by the municipality. Recommendations for existing Juvenile Case Manager: Existing juvenile case managers that lack suggested areas of training should begin obtaining said requirements through the"in-service"section via a time frame to be determined by the municipality. EXHIBIT "B" Pre-Service and In-Service Requirements Definitions: Pre-Service Training refers to those skills,training, or certifications possessed at the time of hire or prior to the commencement of the juvenile case manager's full duties. In-Service Training refers to additional skills, training, or certification hours obtained after commencement of juvenile case manager's full duties. Pre-Service Training Requirements: (Minimum recommendation of 24 hours of the following prior to start case work) • The role of the juvenile case manager • Ethics • Juvenile law and introduction to court procedure • Fundamentals of case planning and management • Interagency collaboration • Risk assessment • Juvenile mental health • Child psychology • Report writing In-Service Training Requirements: (Minimum recommendation of 8 hours per year) • Mental health • Legal updates • Recognizing and reporting abuse and neglect • Substance abuse • Special topics • Juvenile gangs • Family violence • Bullying • Sex offenders • Juveniles with learning,psychological,and physical disabilities • Upgrades in documentation and technology How to be an expert witness EXHIBIT "C" RICH WITH OPPORTUNITY B a no z • E EAUMON*g A s City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager QQ. PREPARED BY: Patrick Donart, Public Works Director MEETING DATE: December 6, 2011 REQUESTED ACTION: Council consider authorizing the acceptance of a ten foot (10') wide Exclusive Water Line Easement. RECOMMENDATION The Administration recommends acceptance of a Water Line Easement located at 3705 East Lucas Drive for the new housing development for senior citizens. BACKGROUND Beaumont Housing Authority has agreed to convey a ten foot(10')wide Water Line Easement to the City of Beaumont to allow the construction of a 6"water line. The property is described as being a 0.3741 Acre Out of Block 2 of French Heights Subdivision located at 3705 East Lucas Drive. BUDGETARY IMPACT None. RESOLUTION NO. WHEREAS, the Beaumont Housing Authority has agreed to convey a ten (10) foot wide exclusive water line easement, said easement being as described in Exhibit "A„ and shown on Exhibit"B," attached hereto, to the City of Beaumont for the purpose of placing, constructing, operating, repairing, rebuilding, relocating and/or removing water lines and appurtenances to the construction of a facility located at 3705 East Lucas Drive; and, WHEREAS, the City Council has considered the purpose of said conveyance and is of the opinion that the acceptance of said conveyance is necessary and desirable and that same should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and THAT the easement conveyed by the Beaumont Housing Authority, as described in Exhibit "A" and shown on Exhibit "B," be and the same is hereby, in all things, accepted. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 6th day of December, 2011. - Mayor Becky Ames - Fiftz&Shiopman INC. Consulting Engineers and Land Surveyors Ronald D.Fittz,P.E.,R.P.L.S.(1948-1987) Donald R.King,P.E. Terry G.Shipman,P.E.,Chairman Walter J.Ksiazek,R.P.L.S. Billy J.Smith,Jr.,President EXHIBIT "A", PAGE 1 OF 3 CENTERLINE DESCRIPTION FOR A 10' WIDE EXCLUSIVE WATER LINE EASEMENT OUT OF BLOCK 2 OF FRENCH HEIGHTS SUBDIVISION OUT OF THE A. WILLIAMS SURVEY,ABSTRACT 385 JEFFRSON COUNTY, TEXAS NOVEMBER 2,2011 That certain centerline description for a 10'wide exclusive water line easement out of Block 2 of the French Heights Subdivision, a plat recorded in Volume 6, Page 61 of the Map Records of Jefferson County, Texas out of the A. Williams Survey, Abstract 385, Jefferson County, Texas, and being out of that called 7.703 acre tract conveyed to Housing Authority of the City of Beaumont as recorded in Volume 1385, Page 177 of the Deed Records of Jefferson County, Texas, said centerline being more particularly described by the following courses and distances; Note: Basis of Bearings is the southwesterly line of the said 7.703 acre tract having been called North 47°46'00"West 404.96 feet. COAfNENCING at a scribe mark in concrete found in the southeasterly right-of-way line of East Lucas Drive for the north corner of a tract conveyed to Beaumont, Texas Congregation of Jehovah's Witnesses, North Unit as recorded in Volume 1067, Page 575 of the Deed Records of Jefferson County, Texas and the west corner of the said 7.703 acre tract from which a W iron pipe found in the north line of Clara Baldwin Addition, a plat recorded in Volume 7, Page 116 of the Map Records of Jefferson County, Texas and the south comer of the said 7.703 acre tract bears South 47°46'00" East 403.90 feet (called South 47°46'00" East 404.96 feet); THENCE North 42 043'11" East along the said southeasterly right-of-way line of East Lucas Drive and the northwesterly line of the said 7.703 acre tract a distance of 245.54 feet (called North 42°15'00" East) to a point for the POINT OF BEGINNING of the said centerline of the 10'wide exclusive water line easement; THENCE along the said centerline with the following courses and distances: South 47 016'45" East a distance of 48.85 feet to an angle point; South 42 043'15"West a distance of 236.69 feet to an angle point; South 47 016'45" East, at a distance of 57.53 feet pass a point for the POINT OF BEGINNING of TAP A from which the POINT OF TERMINATION of said TAP A bears North Fittz g Shipman,Inc. Page 1 of 2 Project No. 10088Task 8 Plat& Description 1405 Cornerstone Court. Beaumont,Texas 77706 - (409)832-7238 - fax(409) 832-7303 Tx Board of Prof Engineers Firm No. 1160•Tx Board of Prof Land Surveyors Firm No. 100186 EXHIBIT "A" EXHIBIT "A", PAGE 2 OF 3 42 043'15" East a distance of 60.15 feet and continuing a total distance of 194.25 feet to an angle point; North 87°43'15" East a distance of 25.46 feet to an angle point; South 47°1645" East a distance of 115.66 feet to an angle point; North 87°43'15" East, at a distance of 66.88 feet pass a point for the POINT OF BEGINNING of TAP B from which the POINT OF TERMINATION of said TAP B bears North 02 016'45"West a distance of 13.91 feet and continuing a total distance of 73.32 feet to an angle point; North 42 043'15" East a distance of 421.37 feet to an angle point; North 47 016'45"West, at a distance of 7.98 feet pass a point for the POINT OF BEGINNING of TAP C from which the POINT OF TERMINATION of said TAP C bears North 42 043'15"East a distance of 10.00 feet and continuing a total distance of 127.08 feet to an angle point; North 02 016'45"West a distance of 27.94 feet to an angle point; North 47 016'45"West a distance of 104.59 feet to an angle point, North 81°40'18"West a distance of 9.59 feet to an angle point North 47°16'45"West, at a distance of 51.27 feet pass a point for the POINT OF BEGINNING of TAP D from which the POINT OF TERMINATION of said TAP D bears North 42 043'15"East a distance of 15.25 feet and continuing a total distance of 56.16 feet to an angle point, South 87 043'15"West a distance of 14.14 feet to an angle point; North 47 016'45"West a distance of 103.11 feet to a point in the said southeasterly right-of- way line of East Lucas Drive and the northwesterly line of the said 7.703 acre tract for the POINT OF TERMINATION of the said centerline of the 10'wide exclusive water line easement from which a capped iron rod found for the north corner of the said 7.703 acre tract bears north 42 043'11" East 160.70 feet (called North 42 015'00" East). This description is based on a survey and plat made by Fittz & Shipman, Inc. during 2011. OF l� Walter J. Ksi ek :���.• . �',� Registered Professio al Land S eyor No. 5321 * •� � �s. Q:/Projects/10088/Task 8 ' ALT>>l-R J. KSIAZif. 8{IftY� i Fittz Shipman,Inc. Page 2 of 2 Project No. 10088Task 8 Plat& Description EXHIBIT "A". PAGE 3 OF 3 \ \ 1 00 HEREBY CERTIFY, \CLARA BALDWIN ADDITION I DO HEREBY CERTIFY, TO THE BEST OF SURVEY KNOWLEDGE AND BELIEF, \\ \ VOL 7,PG. 116,M.R.J.C. THAT THIS O D ACCURATE PLAT VI A SDURIN g DESCRIPTION MADE LOT 13 ON THE GROUND UNDER MY SUPERVISION DURING 2011. / ,S•�i\ \\ LOT 14 WALTER J. KSIAZEK �l•Z��aOf Ty�.r r n L7 \ \\ REGISTERED PROFESSIONAL SURVEYOR . 5321 • T, '��.• L17 �s IL KsuzFe / rAP cl i �o' ExauvE T� `�6°e\\ 1 \ \ LOT 15 11119 WATER t.NdE EASEMENT NUMBER DIRECTION DISTANCE : J I 1 \ U S 47'1 48. 8'45" E 85 st •�' I I I I L S 2 42'4315 W 236.69 r �? I I toll I L3 S 47'16 45 E 194.25 § v°'�) I 1���111 IRON PIPE L4 N 87'4315 E A46 � �' (( L5 S 47'1645 E 115.66 L6 N 874315 E 73.32 I I HOUSING AUTHORITY OF THE L7 N 424315 E 421.37 01 I CITY OF BEAUMONT = H L8 N 471845 W 1'7.06 / J I I VOLUME 1385, PG. 177, D.R.J.C. i c L9 N 021645" W 27.84 ( 1 (CALLED 7.703 ACRES) I L10 N 471645 W 104.59 If L11 IN 81'4018 W 9.59 n'�a ro� �_ r - Li1 t N 4716 45 W 56.16 _ L13 S 87'4315 W 14.14 L14 N 47 RW W 103.11 TAP D l`i3 POINT OF TAP J av f- LI S N 424315 E 60.15 L18 11 TERINNAMON m L16 N 0216 45 W 13.91 (2 NIERLJNE L15 n L17 N 42'4315 E 10.00 I I 10' MADE EXCLUSIVE1 = L18 IN 42 43'15 E 15.25 I WATER LINE EASEMENT L2 J W FOUND CAPPED J ► rr——_—--—_—— COMMENCING IRON ROD L—————— ——__—20'BUILDING UNE —J ——————————— FOUNDND SCRIBE BE 160.70 MARK q4 CONCRETE 256.86 245.54 N 424311 E 665.10 p T (CALLED N 4215'00'E 665.10) L�OII' OF (PUBLIC R.O.W.) 3705 EAST LUCAS DRIVE 1o' VE In Ed as WATER LINE EASEMENT 10' MADE EXCLUSIVE WATER LINE EASEMENT SHEET"°' o0 3 I THE CROSSING 1405 CORNERSTONE COURT,BEAtIMONT, TEXAS 3705 EAST LUCAS DRIVE PROJECT NO.BEAUMONT TEXAS 0:\PROJECTS\10088 — The Crossing\Tosk S—Water Line Esmt\1008BToskS.dwg Nov 03, 2011 04:18pm (4101))632-7238 FAX(409)832-7303 10088 DA'1&11-2-11 TASK 8 J RICH WITH OPPORTUNITY ON BEAUMON* City COUnCH Agenda Item T • E 0 X • A • S TO: City Council FROM: Kyle Hayes, City Manager �O. PREPARED BY: Patrick Donart, Public Works Director MEETING DATE: December 6, 2011 REQUESTED ACTION: Council consider authorizing the acceptance of a twenty foot(20')wide Drainage Easement and a fifty foot(50') wide Drainage and Utility Easement. RECOMMENDATION The Administration recommends acceptance of two (2) Easements for the proposed West Chase Village Subdivision Section 10 located on Village Drive. BACKGROUND Bill Little,President of LITWOOD, Inc. has agreed to convey one twenty foot(20')wide Drainage Easement described as being a 0.0608 acre tract out of the H. Williams Survey, Abstract 56 and a fifty foot(50')wide Drainage and Utility Easement described as a 0.3052 acre tract out of the H. Williams Survey,Abstract 56 to the City of Beaumont to allow the construction of a storm sewer outfall pipe and the extension of a sanitary sewer line for future development. BUDGETARY IMPACT None. RESOLUTION NO. WHEREAS, LITWOOD, Inc. has agreed to convey a twenty(20)foot wide drainage line easement, as described in Exhibit"A" and shown on Exhibit"B," attached hereto, and a fifty (50) foot wide drainage and utility easement, as described in Exhibit"C"and shown on Exhibit "D,"attached hereto, to the City of Beaumont for the purpose of constructing a storm sewer outfall pipe and extension of a sanitary sewer line for future development of the proposed West Chase Village Subdivision Section 10 located on Village Drive; and, WHEREAS, the City Council has considered the purpose of said conveyances and is of the opinion that the acceptance of said conveyances are necessary and desirable and that same should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT the easements conveyed by LITWOOD, Inc., as described in Exhibits"A"and "C" and shown on Exhibits"B"and"D,"be and the same are hereby, in all things,accepted. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 6th day of December, 2011. - Mayor Becky Ames - A Fittz&3hip► an INC. Consulting Engineers and Land Surveyors Ronald D.Fittz,P.E.,R.P.L.S.(1948-1987) Donald R.King,P.E. Terry C.Shipman,P.E.,Chairman Walter j.Ksiazek,R.P.L.S. Billy J.Smith,Jr.,President EXHIBIT "A",PAGE 1 OF 3 FIELD NOTE DESCRIPTION OF A 0.0608 ACRE TRACT FOR A 20' WIDE DRAINAGE EASEMENT OUT OF THE H. WILLIAMS SURVEY,ABSTRACT 56 JEFFERSON COUNTY,TEXAS SEPTEMBER 27,2011 That certain 0.0608 acre tract for a 20'wide drainage easement out of the H. Williams Survey, Abstract 56, Jefferson County, Texas, being out of a called 10.64 acre tract conveyed to Litwood, Inc. as recorded in Clerks File No. 2010016837 of the Official Public Records of Jefferson County, Texas, said 0.0608 acre being more particularly described by metes and bounds as follows: NOTE. Bearings are based on the west line of a called 4.580 acre tract conveyed to Construction, Equity, Inc. as recorded in Clerks File No. 2011009231 of the Official Public Records of Jefferson County, Texas having been called North 02°59'26"West 688.22 feet. COAMENCING at a capped iron rod found in the south right-of-way line of Village Drive for an exterior comer of Westchase Village, Section Nine, a plat recorded in Clerks File No. 2006024843 of the Official Public Records of Jefferson County, Texas and an interior corner of 1.939 acre tract for the proposed Westchase Village, Section Ten, Phase 1 from which a capped iron rod found at the intersection of the said south right-of-way line of Village Drive and the east right-of-way line of Whisper Wind Drive bears South 87 004'15"West 38.23 feet (called South 87 004'15"West 38.32 feet); THENCE North 87 003'09" East along an extension of the said south right-of-way line of Village Drive, at a distance of 299.75 feet pass a '/Z" capped iron rod set for an exterior corner of the said 1.939 acre tract, and continuing a total distance of 433.58 feet to a point for corner; THENCE North 71035'51" East a distance of 96.80 feet to a point in a curve for the southwest corner of the said 0.0608 acre tract and the POINT OF BEGINNING; THENCE along the said curve to the left having a chord bearing of North 15 041'19"West, a chord distance of 20.50 feet and a radius of 50.00 feet, a distance along the curve of 20.65 feet to a point for the northwest corner of the said 0.0608 acre tract; THENCE North 87 001'44" East along the north line of the said 0.0608 acre tract a distance of 135.42 feet to a point in the west line of a called 4.579 acre tract conveyed to Jefferson County FITTZ&SHIPMAN,INC. Pagel of 2 Project No. 11035ESMT1 Plat&Description 1405 Cornerstone Court- Beaumont,Texas 77706 - (409) 832-7238-fax(409) 832-7303 Tx Board of Prof Engineers Firm No. 1160•Tx Board of Prof Land Surveyors Firm No. 100186 EXHIBIT "A" EXHIBIT"A". PAGE 2 OF 3 Drainage District No. 6 as recorded in Clerks File No. 2000044673 of the Official Public Records of Jefferson County, Texas for the northeast comer of the sais 0.0608 acre tract; THENCE South 02°58'18" East along the said west line of the 4.579 acre tract and the east line of the said 0.0608 acre tract a distance of 20.00 feet to a point for the southeast comer of the said 0.0608 acre tract; THENCE South 87 001'44"West along the south line of the said 0.0608 acre tract a distance of 130.90 feet to the POINT OF BEGINNING and containing 0.0608 acres of land, more or less. This Field Note Description is based on a survey performed by Fittz & Shipman, Inc. during 2010 and 2011. Walter J. Ksiazek (WALTER k S 0 S�r Registered Professional Land Su eyor No.5321 �G' p J. KWA,ZFI so sa:; S81 St1t�VE"� FITTZ&SHIPMAN,INC. Page 2 of 2 Project No. 11035ESMT1 Plat&Description EXHIBIT "A", PAGE 3 OF 3 SURVEYOR'S CERTIFICATION: FOUND I DO HEREBY CERTIFY, TO THE BEST OF MY KNOWLEDGE AND BELIEF, CAPPED N THAT THIS IS AN ACCURATE PLAT OF A SURVEY & DESCRIPTION MADE O qC IRON ROD ON THE GROUND UNDER MY SUPERVISION DURING 2010 AND 2011. � pp N 3 C4 NOW OR FORMERLY N N m CONSTRUCTION EQUITY, INC. 0 30 0 o CLERKS FILE N0. 2017009231 O.P.R.J.C. 0{_ (CALLED 4.580 ACRES) Y> WALTER J. KSIAZEK m W o REGISTERED PROFESSIONAL D SURVE R NO. 5321 ;j A L (CALLED S 87'08'03°E 40.46) a S 87'08'03" E 40.46��Z { �t -r` 15.16 ':QtiGiS�Fds' t B L 0 C K 9 * • ' W WALTEli 0 a CAPPED FOUND J. KSIAZEI CAPPED Q W d IRON ROD IRON ROD Sul Yc Z my 7 PROPOSED 8 REMAINDER OF `��e�bliV LLJ e' 1O� e WESTCHASE VILLAGE, LITWOOD, INC. V 00 N C) g ; SECTION TEN CLERKS FILE NO. 2010015837 O.P.R.J.C. Q z c# PHASE I (CALLED 10.64 ACRES) M 1.939 ACRES I— N 0-c" ti z In W w � 25 BUILDING LINE SLAPPED " E U a; 01 1 Z 10 UTILITY EASEMENT - - N , 56 9 O O n W ——————---�——————_ IRON ROD _ _N_87'03'09" E 152.50 _ \ W z __N 87'01_44" E 135.42 COMMENCING — — �O 20' DRAINAGE EASEMENT z 8 m FOUND POINT VILLAGE DRIVE 50' DRAINAGE & UTILITY EASEMENT N 0.0608 ACRE o Q N e + FWND N 02'56'51" W __________ CAPPED CAPPED SET 172' 0.3052 ACRE _ N ° m IRON ROD IRON ROD CAPPED 50.00 /80 S 8701'44" W 130.90 O i IRON ROD " E, 9 N Q W < I N 87'03'09" E 299.75 S 8703'09" W 133.83 — ;355 6 �d° - -- -- -- - - �N � POINT OF o X A =____ =10' UTIUTV EASEMENT ——---= N 87*03'09" E 433.58 \ G�� BEGINNING uJ 25'BUILDING LINE REMAINDER OF —— /'� 87'04'15" W 38.23 ENO.LITWOOD, 2010 INC. NUMBER DELTA RADIUS ARC CHORD CHORD BEARING (CALLED S 8704'15' W 38.23) PROPOSED CLERKS FILE N0. 2010016837 O.P.R.J.C. WESTCHASE VILLAGE, (CALLED 10.64 ACRES) 1C1 20231'54` 50.00 1175.74 19&07 IS 45-4r12- W SECTION TEN JC2 12339'45' 50.00 120.65 L20.50 IN 15'41'19' W PHASE I 1 2 1.939 ACRES NO. a R1 an 20 DRAINAGE EASEMENT 3 B L 0 C K 13 � wC PROdiGT NAHL LITWOOD, INC. 1405 CORNERSTONE COURT,BEAUMONT,TEXAS WESTCHASE VILLAGE, SECTION 10 PROJECT NO. 0:\PROJECTS\11035 — West Chose Section 10\11035ESMTS.dwq Oct 11, 2011 10:24am (409)832-7238 FAX(409)632-7303 BEAUMONT, TEXAS 11035.0000 DA9'5:9-27-11 ESMTS ! r FioZ&Shipman INC. Consulting Engineers and Land Surveyors Ronald D.Fittz,P.E.,R.P.L.S.(1948-1987) Donald R.King,P.E. Terry G.Shipman,P.E.,Chairman Walter J.Ksiazek,R.P.L.S. Billy J.Smith,Jr.,President EXHIBIT"A",PAGE 1 OF 3 FIELD NOTE DESCRIPTION OF A 0.3052 ACRE TRACT FOR A 50' WIDE DRAINAGE & UTILITY EASEMENT OUT OF THE H. WILLIAMS SURVEY,ABSTRACT 56 JEFFERSON COUNTY,TEXAS SEPTEMBER 27,2011 That certain 0.3052 acre tract for a 50'wide drainage & utility easement out of the H. Williams Survey, Abstract 56, Jefferson County, Texas, being out of a called 10.64 acre tract conveyed to Litwood, Inc. as recorded in Clerks File No. 2010016837 of the Official Public Records of Jefferson County, Texas, said 0.3052 acre being more particularly described by metes and bounds as follows: NOTE. Bearings are based on the west line of a called 4.580 acre tract conveyed to Construction, Equity, Inc. as recorded in Clerks File No. 2011009231 of the Official Public Records of Jefferson County, Texas having been called North 02 059'26"West 688.22 feet. COMMENCING at a capped iron rod found in the south right-of-way line of Village Drive for an exterior comer of Westchase Village, Section Nine, a plat recorded in Clerks File No. 2006024843 of the Official Public Records of Jefferson County, Texas and an interior corner of 1.939 acre tract for the proposed Westchase Village, Section Ten, Phase 1 from which a capped iron rod found at the intersection of the said south right-of-way line of Village Drive and the east right-of-way line of Whisper Wind Drive bears South 87 004'15"West 38.23 feet (called South 87°04'15"West 38.32 feet); THENCE North 87°03'09" East along an extension of the said south right-of-way line of Village Drive a distance of 299.75 feet to a %" capped iron rod set for an exterior comer of the said 1.939 acre tract and the southwest comer of the said 0.3052 acre tract and the POINT OF BEGINNING; THENCE North 02°56'51"West along an east line of the said 1.939 acre tract and the west line of the said 0.3052 acre tract a distance of 50.00 feet to a W capped iron rod set for an exterior corner of the said 1.939 acre tract and the northwest corner of the said 0.3052 acre tract; THENCE North 87°03'09" East along a north line of the said 0.3052 acre tract a distance of 152.50 feet to an angle point; FITTZ&SHIPMAN,INC. Page 1 of 2 Project No. 11035ESMT1 Plat&Description 1405 Cornerstone Court- Beaumont,Texas 77706 - (409) 832-7238-fax(409) 832-7303 Tx Board of Prof Engineers Firm No. 1160•Tx Board of Prof Land Surveyors Firm No. 100186 EXHIBIT "C" e EXHIBIT"A", PAGE 2 OF 3 THENCE North 72 007'00" East along a north line of the said 0.3052 acre tract a distance of 56.97 feet to a point for the northeast corner of the said 0.3052 acre tract and the PC of a curve; THENCE along the said curve to the right having a chord bearing of South 45 047'12"West, a chord distance of 98.07 feet and a radius of 50.00 feet, a distance along the curve of 176.74 feet to a point for the PT of said curve; THENCE South 87 003'09°West along the south line of the said 0.3052 acre tract a distance of 133.83 feet to the POINT OF BEGINNING and containing 0.3052 acres of land, more or less. This Field Note Description is based on a survey performed by Fittz & Shipman, Inc. during 2010 and 2011. Walter J. Ksiazek Registered Professional Land rveyor No.5321 FITTZ&SHIPMAN,INC. Page 2 of 2 Project No. 11035ESMT1 Plat&Description EXHIBIT *Amy PAGE 3 OF 3 SURVEYOR'S CERTIFICATION: FOUND i DO HEREBY CERTIFY, TO THE BEST OF MY KNOWLEDGE AND BELIEF, N 8� CAPPED THAT THIS IS AN ACCURATE PLAT OF A SURVEY & DESCRIPTION MADE p(� IRON ROD ON THE GROUND UNDER MY SUPERVISION DURING 2010 AND 2011. u sD 3 N NOW OR FORMERLY ms CONSTRUCTION EQUITY, INC. z4 CLERKS FILE ED .580 4231 O.P.R.J.C. 0 0 Z (CALLED a.580 ACRES) a !n WAITER J. KSIAZEK m w o REGISTERED PROFESSIONAL D SURVE R NO. 5321 (CALLED S 87'08'03" E 40.46) a Z �,Of"`"'t S 87'08'03" E 40.46 �,.l e a�l� t 15.16 . �EC+IS*T£+p����+i +r . w B L O C K 9 WALTER a OUND CAPPED �• KSIA,ZEf CAPPED Q (y j d IRON ROD IRON RDO �"� 1 -�� �+ V _z m N 7 8 t••.; �;� z c PROPOSED REMAINDER OF LLJ WESTCHASE VILLAGE, < r ;� SECTION TEN CLERKS FILET NO.O201GO16837 O.P.R.J.C. ri_ ~ Z 23 1.939AACRES (CALLED 10.64 ACRES) U L.I..I N O C/) o N Ci (n Y 2 in i LLJ u w 0- ——— ——25 BUILDING LINE ——— SLAPPED X 00' E o ci a ---- ---�- ---- -- IRON ROD 0 — Q �Z 0 UTIUrY EASEMENT N 87'03'09" E 152.50 N ?56 9? \ w ww - - — — — — — — — — — — __N_87'01'44" E 135.42 u COMMENCING �0 20' DRAINAGE EASEMENT z 8 FOUND POINT ND VILLAGE DRIVE N 02'56'51" W 50' DRAINAGE & UTILITY EASEMENT N 0.0608 ACRE_ o a 8 d m CAPPED CAPPED SET 1/2" 0.3052 ACRE — `� o ° IRON ROD CAPPED 50.00 S 87'01'44" W 130.90 o O w = IRON ROD IRON ROD - E 96 g0 y �W Q X N 87'03'09" E 299.75 S 87'03'09" W 133.83 i35g1 p w < (JJ - -- - - -- - - ��N 11 / POINT OF UN —10 UTILITY EASEMENT —————— N 67'03'09" E 433.58 G / BEGINNING " A 25'BUILDING LINE —————— REMAINDER OF S 87'04'15" W 38.23 ENO. 2 10 INC. NUMBER DELTA RADIUS ARC CHORD 04ORD BEARING PROPOSED CLERKS FILE N0. 2010016837 O.P.R.J.C. (CALLED S 87'04'15•W 38.23) WESTCHASE VILLAGE, (CALLED 10.64 ACRES) lCl 20231'54' 130.00 1176.74 19&07 IS 454 12• W SECTION TEN IC2 23 39'45 50.00 120.65 120.50 IN 15'41'19 W PHASE I 1.939 ACRES 20 DRAINAGE EASEMENT 1 2 S � _�� �n SHEET N0. B L O C K 13 INC. Plomm NAIM UTWOOD, INC. 3 1405 CORNERSTONE COURT,BEAUMONT, TEXAS WESTCHASE VILLAGE, SECTION 10 PROJECT NO. 0:\PROJECTS\11035 - West Chase Section 10\11035ESMTS.dwg Oct 11. 2011 10:24om (409)832-7238 FAX(409)632-7303 BEAUMONT, TEXAS 11035.0000 D♦TB':9-27-11 ESMTS K RICH WITH OPPORTUNITY -UiN0-N.T1.W1 BEA TF*k. T • E 0 X • A • S City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Patrick Donart, Public Works Director MEETING DATE: December 6, 2011 REQUESTED ACTION: Council consider approving an amendment to an existing agreement with CenturyTel Fiber Company II, LLC for the additional placement of fiber optic cable in the public right-of-way. RECOMMENDATION The Administration recommends approval. BACKGROUND The majority of Network USA's cable routing within the city is located on the public right-of-way in the downtown area for a distance of 546 linear feet. The proposed Amendment will add 910 linear feet of fiber optic cable in the downtown area located on Fannin, Park and Pearl Streets. Previous actions include: Resolution 05-209 was passed by City Council on October 11, 2005. BUDGETARYIMPACT CenturyTel Fiber Company II, LLC will pay the City of Beaumont an application fee of$500, an inspection fee of$2,000 and$1.35 per foot for the additional 910 linear feet. AMENDMENT TO PUBLIC RIGHT-OF-WAY USE AGREEMENT STATE OF TEXAS § COUNTY OF JEFFERSON § WHEREAS, CenturyTel Fiber Company 11, LLC, "LightCore" entered into a Public Right- of-way Use Agreement with the City of Beaumont on October 24, 2005,for the installation of 546 linear feet of cable within the right-of-way of the City of Beaumont; and WHEREAS, LightCore is now requesting approval to install an additional 910 feet of fiber optic communications system along Pearl, Fannin and Park Streets; NOW,THEREFORE, LightCore and the City of Beaumont agree as follows: I. City of Beaumont, herein called "City,"for and in consideration of the receipt of the valuable consideration set out herein, agrees that LightCore may lay, maintain, operate, replace or remove 910 feet of fiber optic communications system within the City of Beaumont in accordance with the Public Right-OF-Way Use Agreement heretofore entered into on the 24th of October 2005. LightCore shall pay to the City the sum of One Thousand Two Hundred Twenty Eight dollars and Fifty Cents($1,228.50) per year for the installation of the 910 linear feet of system within the City of Beaumont right-of-way. II. The City and LightCore hereby ratify and agree that all other terms and conditions of the previously executed Public Right-Of-Way Use Agreement are in full force and effect. Page 1 IN WITNESS WHEREOF the City of Beaumont,Texas, has caused these presents to be signed by its City Manager and the seal of the City herewith affixed by the City Clerk this day of . 2011 EXECUTED by LightCore acting herein by and through its Senior Vice President on the 29 Day of November. 2011. CITY OF BEAUMONT By: Kyle Hayes City Manager Attest: City Clerk LIGHTCO By Name: Title- 7SV? Attest: '' —.` Page 2 EXHIBIT"A" CenturyTel Fiber Company H,LLC dba LightCore,A CenturyLink Company Fibear 'c��tion Total Linear Feet 910' Route: Intersection of Park Street and Fannin Street over to Fannin Street and pearl Street , } r• -AOr w w1 v r r J �.1•.max». �a Ji•...saw�...�����... a�1.il i.a. .,.��„y.J. `vi; � �t RESOLUTION NO. WHEREAS, on October 11, 2005, the City Council passed Resolution No. 05-209 authorizing the City Manager to execute an agreement with LightCore for the placement of 546 linear feet of fiber optic cable in the public rights-of-way of the 300 blocks of Pearl and Crockett Streets for an initial application fee of$5,000 and an annual fee of$737.10 ($1.35 per linear foot); and, WHEREAS, an amendment to the contract with CenturyTel Fiber Company 11, LLC, "LightCore" is required for the additional placement of 910 linear feet of fiber optic cable in the public rights-of-way of Fannin, Park and Pearl Streets; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and THAT the City Manager be and he is hereby authorized to execute an amendment to the contract with CenturyTel Fiber Company 11, LLC, "LightCore" for the additional placement of 910 linear feet of fiber optic cable in the public rights-of-way of Fannin, Park and Pearl Streets for an annual fee of$1,228.50, in addi,tion to all applicable application and inspection fees. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 6th day of December, 2011. - Mayor Becky Ames- L RICH WITH OPPORTUNITY B,-,EIAUN-01N* T • E • X • A • s City Council Agenda Item TO: City Council FROM: Kyle Hayes,City Manager PREPARED BY: Patrick Donart, Public Works Director MEETING DATE: December 6, 2011 REQUESTED ACTION: Council consider the adoption of a policy prohibiting the use of force by law enforcement. RECOMMENDATION Administration recommends approval. BACKGROUND As part of the Community Development Block Grant Disaster Recovery Grant,the City must adopt and enforce a policy prohibiting the use of force by law enforcement agencies within its jurisdiction against any individuals engaged in nonviolent civil rights demonstrations and agrees that it will enforce applicable State and local laws against physically barring entrance to or exit from a facility or location which is the subject of such nonviolent civil rights demonstrations within its jurisdiction. The adoption of this policy does not conflict with the City of Beaumont Police Department's policy as it relates to the use of force. BUDGETARYIMPACT Not Applicable. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Council hereby adopts a policy,as required by the Community Development Block Grant Disaster Recovery Grant, prohibiting the use of force by law enforcement agencies within its jurisdiction against any individuals engaged in nonviolent civil rights demonstrations and agrees that the City will enforce applicable State and local laws against physically barring entrance to or exit from a facility or location which is the subject of such nonviolent civil rights demonstrations within the jurisdiction of the City of Dumont. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 6th day of December, 2011. - Mayor Becky Ames - X A 9 REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS DECEMBER 6,2011 1:30 P.M. AGENDA CALL TO ORDER * Invocation Pledge Roll Call * Presentations and Recognition * Public Comment: Persons may speak on scheduled agenda items 4-9/Consent Agenda * Consent Agenda GENERAL BUSINESS 1. Consider a request for a zone change from RM-H(Residential Multiple Family Dwelling-Highest Density)District to NC(Neighborhood Commercial)District at 7102 Phelan 2. Consider a request for a zone change from RS(Residential Single Family Dwelling)District to RM-M(Residential Multiple Family Dwelling-Medium Density)District and a specific use permit to allow for the expansion of Nutrition and Services for Seniors,including office space, senior center, storage and parking in an RM-M(Residential Multiple Family Dwelling-Medium Density)District at 4520 Concord Road 3. Consider a request for a specific use permit to allow a drinking place in a GC-MD (General Commercial-Multiple Family Dwelling)District at 5010 College Street 4. Consider the abandonment of a 701.3' section of Jones Street running from the west right-of-way line of Wescalder 5. Consider amending the FY 2012 Budget to appropriate additional funds for a one- time payment for all full-time civilian employees 6. Consider authorizing the City Manager to amend the Neighborhood Stabilization Program contract with the Texas Department of Housing and Community Affairs to allow for an increased funding amount and to extend the contract deadline 7. Consider approving a contract for management of the Beaumont Municipal Transit System 8. Consider approving a resolution accepting the Downtown Brick Paved Sidewalks and Drainage Improvements Project, approving Change Order No. 5 and authorizing the final payment 9. Consider authorizing the use of eminent domain proceedings to condemn properties for the Concord Road Pavement Widening Project located at 5170 Concord,4495 Treadway, 5850 Eastex Freeway and 5852-5896 Eastex Freeway 10. Consider approving the purchase of five patrol vehicles for use by the Police Department PUBLIC HEARING * Receive comments on the City of Beaumont's Fair Housing Activity Statement- Texas (FHAST), authorizing the submission of a Community Development Block Grant application to the Texas General Land Office for Hurricane Ike,Round 2.2 funds related to four proposed projects 11. Consider approving the FHAST, authorizing the submission of a Community Development Block Grant application to the Texas General Land Office for Hurricane Ike,Round 2.2 funds and to authorize the City Manager to act as the City's Executive Officer in the Program 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: Vacation Carryover Grievance of F. Mark Craigen Entergy Texas, Inc. -Change in Rates Request 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 December 6,2011 Consider a request for a zone change from RM-H(Residential Multiple Family Dwelling-Highest Density) District to NC (Neighborhood Commercial)District at 7102 Phelan w RICH WITH OPPORTUNITY BEAUMDK* T • E • X • A • s City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager C�7 PREPARED BY: Chris Boone, Community Development Director MEETING DATE: December 6,2011 REQUESTED ACTION: Council consider a request for a zone change from RM-H (Residential Multiple Family Dwelling-Highest Density) District to NC (Neighborhood Commercial) District at 7102 Phelan. RECOMMENDATION The Administration recommends approval of the zone change. BACKGROUND Scott Gittinger has applied for a zone change. Mr. Gittinger states that the formerly existing dilapidated structure on the property has been demolished and the property cleared. He would like to construct an office building that would be occupied by a mortgage company and a beauty shop. Mr. Gittinger states that he has tried to purchase the property to the west and north but the title cannot be cleared for financing. Fifty feet east of the subject property is NC zoning. Approximately 110 feet west is a dentist office with a specific use permit in a RM-H District. Mr. Gittinger says that he has spoken with the property owner to the east and she hopes to eventually rezone her property to NC and build a day spa. The Comprehensive Plan designates the subject and surrounding properties as a Community Center. A Community Center is defined as a commercial district that includes shopping centers, high schools, office complexes and higher density residential development. At a Joint Public Hearing held November 21,2011,the Planning Commission recommended approval 8:0 of a zone change from RM-H (Residential Multiple Family Dwelling-Highest Density)District to NC (Neighborhood Commercial) District at 7102 Phelan. BUDGETARY IMPACT None. ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING CHAPTER 28 OF THE CODE OF ORDINANCES OF BEAUMONT,TEXAS,AND IN PARTICULAR THE BOUNDARIES OF THE ZONING DISTRICTS, AS INDICATED UPON THE ZONING MAP OF BEAUMONT, TEXAS, BY CHANGING THE ZONING OF PROPERTY PRESENTLY ZONED RM-H (RESIDENTIAL MULTIPLE FAMILY DWELLING-HIGHEST DENSITY) DISTRICT TO NC (NEIGHBORHOOD COMMERCIAL) DISTRICT AT 7102 PHELAN BOULEVARD, BEAUMONT, JEFFERSON COUNTY, TEXAS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: Section 1. That Chapter 28 of the Code of Ordinances of Beaumont, Texas, and in particular the boundaries of the zoning districts, as indicated upon the Zoning Map of the City of Beaumont, referred to in Section 28.01.005(b)thereof, is hereby amended by changing the zoning of property presently zoned RM-H (Residential Multiple Family Dwelling-Highest Density)District to NC(Neighborhood Commercial)District at 7102 Phelan Boulevard,City of Beaumont,Jefferson County,Texas,being Tract 90, Plat SP-6, C.Williams Survey, City of Beaumont, Jefferson County, Texas, containing 0.3515 acres, more or less, as shown on Exhibit'A" and the official zoning map of the City of Beaumont is hereby amended to reflect such changes. Section 2. That, in all other respects, the use of the property herein above described shall be subject to all of the applicable regulations of the underlying zoning district as well as those regulations contained in Chapter 28 of the Code of Ordinances of Beaumont, Texas, as amended. Section 3. That if any section, subsection, sentence, clause of phrase of this ordinance, or the application of same to a particular set of persons or circumstances, should for any reason be held to be invalid, such invalidity shall not affect the remaining portions of this ordinance, and to such end, the various portions and provisions of this ordinance are declared to be severable. Section 4. That all ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only. Section 5. That any person who violates any provision of this ordinance shall, upon conviction, be punished, as provided in Section 1.01.009 of the Code of Ordinances of Beaumont, Texas. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 6th day of December, 2011. - Mayor Becky Ames - Regnest for a zone change from RM-H(Residential Multiple Family Dwelling High Density) District to NC (Neighborhood Commercial) District. Location: 7102 Phelan pplicant: Scott Gittinger and Thomas Williamson 0 100 200 1 Feet Legend M-H M 2114Z PRUTZMAN ST .L GC-MD M-H PUD IVC = P� Ng140 N v GC-MD G2 EXHIBIT°A" 2 December 6,2011 Consider a request for a zone change from RS (Residential Single Family Dwelling)District to RM-M(Residential Multiple Family Dwelling-Medium Density)District and a specific use permit to allow for the expansion of Nutrition and Services for Seniors, including office space, senior center, storage and parking in an RM-M(Residential Multiple Family Dwelling-Medium Density)District at 4520 Concord Road RICH WITH OPPORTUNITY BEA�UN-ON*' T . Z . X 0 A • S City Council Agenda. Item TO: City Council FROM: Kyle Hayes, City M� L� PREPARED BY: Chris Boone, Community Development Director MEETING DATE: December 6, 2011 REQUESTED ACTION: Council consider a request for a zone change from RS (Residential Single Family Dwelling)District to RM M (Residential Multiple Family Dwelling-Medium.Density) District and a specific use permit to allow for the expansion of Nutrition and Services for Seniors, including office space, senior center, storage and parking in an RM M(Residential Multiple Family Dwelling-Medium Density)District at 4520 Concord Road. RECOMMENDATION The Administration recommends approval of the zone change and the specific use permit. BACKGROUND Elaine Schellenberger,representing Nutrition and Services for Seniors, has applied for a zone change and specific use permit. Ms. Sc ellmb ger states that Nutrition and Services for Seniors is proposing to purchase Jeremiah Missionary Baptist Church at the northwest corner of Concord and Travis. Nutrition and Services for Seniors would like to use the existing building for additional office space, a senior center and storage. The existing parking on the property would help alleviate a parking shortage that currently exists. At a Joint Public Hearing held November 21, 2011,the Planning Commission recommended approval 8:0 of the zone change from RS to RM M and a specific use permit to allow for the expansion of Nutrition and Services for Seniors, including office space, senior center, storage and parking in an RM M District at 4520 Concord Road. BUDGETARY H"ACT None. ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING CHAPTER 28 OF THE CODE OF ORDINANCES OF BEAUMONT,TEXAS,AND IN PARTICULAR THE BOUNDARIES OF THE ZONING DISTRICTS, AS INDICATED UPON THE ZONING MAP OF BEAUMONT, TEXAS, BY CHANGING THE ZONING OF PROPERTY PRESENTLY ZONED RS(RESIDENTIAL SINGLE FAMILY DWELLING) DISTRICT TO RM-M (RESIDENTIAL MULTIPLE FAMILY DWELLING-MEDIUM DENSITY) DISTRICTAT4520 CONCORD ROAD,CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS; PROVIDING FOR SEVERABILITY;PROVIDING FOR REPEALAND PROVIDING A PENALTY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: Section 1. That Chapter 28 of the Code of Ordinances of Beaumont, Texas, and in particular the boundaries of the zoning districts, as indicated upon the Zoning Map of the City of Beaumont, referred to in Section 28.01.005(b)thereof, is hereby amended by changing the zoning of property presently zoned RS(Residential Single Family Dwelling)District to RM-M (Residential Multiple Family Dwelling-Medium Density) District at 4520 Concord Road, City of Beaumont, Jefferson County, Texas, being Tract 28, Plat D-14,A. Williams Survey, City of Beaumont, Jefferson County, Texas, containing 0.415 acres, more or less, as shown on Exhibit"A,"and the official zoning map of the City of Beaumont is hereby amended to reflect such changes. Section 2. That, in all other respects, the use of the property herein above described shall be subject to all of the applicable regulations of the underlying zoning district as well as those regulations contained in Chapter 28 of the Code of Ordinances of Beaumont, Texas, as amended. Section 3. That if any section, subsection, sentence, clause of phrase of this ordinance, or the application of same to a particular set of persons or circumstances, should for any reason be held to be invalid, such invalidity shall not affect the remaining portions of this ordinance, and to such end, the various portions and provisions of this ordinance are declared to be severable. Section 4. That all ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only. Section 5. That any person who violates any provision of this ordinance shall, upon conviction, be punished, as provided in Section 1.01.009 of the Code of Ordinances of Beaumont, Texas. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 6th day of December, 2011. - Mayor Becky Ames - ile 2113 Request for a zone change from RS(Residential Single Family Dwelling) istrict to RM M (Residential Multiple Family Dwelling Medium Density) District and a pecific use permit to allow for the expansion of Nutrition and Services for the Elderly, ncluding office space,senior center, storage and parking in an RM-M (Residential ultiple Fanuly Dwelling-Medium Density)District. Location: 4520 Concord 0 100 200 Applicant: Nutrition and Services for Seniors , I Feet R-S Legend ® 2113ZP R-S RM-M a� �y 10o4c it 0% R S a GC-MD W D4 - tir 0 -S CO Q� R-S EXHIBIT "A" ORDINANCE NO. ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW FOR THE EXPANSION OF NUTRITION AND SERVICES FOR SENIORS, INCLUDING OFFICE SPACE, SENIOR CENTER, STORAGE AND PARKING IN A RM-M (RESIDENTIAL MULTIPLE FAMILY DWELLING- MEDIUM DENSITY) DISTRICT AT 4520 CONCORD ROAD IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS, Nutrition and Services for Seniors, has applied for a specific use permit to allow for the expansion of Nutrition and Services for Seniors, including office space, senior center,storage and parking in a RM-M(Residential Multiple Family Dwelling-Medium Density) District at 4520 Concord Road, being Tract 28, Plat D-14,A.Williams Survey, City of Beaumont, Jefferson County, Texas, containing 0.415 acres, more or less, as shown on Exhibit"A," attached hereto; and, WHEREAS, the Planning and Zoning Commission of the City of Beaumont considered the request for a specific use permit to allow for the expansion of Nutrition and Services for Seniors, including office space, senior center, storage and parking in a RM-M (Residential Multiple Family Dwelling-Medium Density)District at 4520 Concord Road;and, WHEREAS, the City Council is of the opinion that the issuance of such specific use permit is in the best interest of the City of Beaumont and its citizens. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, Section 1. That a specific use permit to allow for the expansion of Nutrition and Services for Seniors, including office space, senior center, storage and parking in a RM-M (Residential Multiple Family Dwelling-Medium Density) District at 4520 Concord Road, ring Tract 28, Plat D-14,A.Williams Survey,City of Beaumont,Jefferson County,Texas,containing 0.415 acres, more or less, as shown on Exhibit "A," attached hereto, and is hereby granted to Nutrition and Services for Seniors, its legal representatives, successors and assigns, as shown on Exhibit "B," attached hereto and made a part hereof for all purposes. Section 2. That the specific use permit herein granted is expressly issued for and in accordance with each particular and detail of the site plan attached hereto as Exhibit "B," attached hereto and made a part hereof for all purposes. Section 3. Notwithstanding the site plan attached hereto, the use of the property herein above described shall be in all other respects subject to all of the applicable regulations contained in Chapter 28 of the Code of Ordinances of Beaumont, Texas, as amended, as well as comply with any and all federal, state and local statutes, regulations or ordinances which may apply. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 6th day of December, 2011. - Mayor Becky Ames - K Request for a zone change from RS(Residential Single.Family Dwelling) istrict to RM-M (Residential Multiple Family Dwelling-Medium Density)District and a ecific use permit to allow for the expansion of Nutrition and Services for the Elderly, [tin, cluding office space,senior center, storage and parking in an RM-M (Residential Multiple Family Dwelling-Medium Density)District. Location: 4520 Concord 0 100 200 Applicant: Nutrition and Services for Seniors i , I I Feet R-$ Legend ® 2113ZP R-S RM-M O� co+c a'�o R S a GC-Mfl a Ot w 02 R-S Q2 R-S EXHIBIT "A" w . v MAY Z 1 CLIENT: M JEREWAI{),gscnueav oe�.Y7yru '� ' G.F. N0.- oA' -� FOIR1p s 4EC+T1 7 p• MOM ROO MN Rm y � $ fd dt• ,O A c c. Now OR FMAMY NUTRMON&SERVICES ,y am FOiRG CAPPED F owe v MRM1 ROD RPRJC 1 8r/b •, U / s AF 0.4153 Acres NOTE DU 69RYET US OMVLM"Van MDT�� �•� rteoo ALL OR Mn 1po vim TWE OF Im VJRM AT 0 FOLMD CAPPED om ODD WMCWTQM OF SEIM fS RENESTE, 91"YOn GUNW INDW W 100 MMMY=nw% ILA A. TTMSX AMt AOCyNATE PlA7 OP A 9VRVq'MADE ON T!E ASDYE TRACE■s/0 LOCAIM AT �AI.G'_IIAY- AM NEM 00CWAW AS A 0.4153 At!Otr YY!♦r+e As REOORM N YDi1R1e ► OUr OF TNs' A + u-'cA(+Jlt ►gy —OEM—moms a DDATEO =l=Q. . AC FLOOD ltflgWRg RATE YM.RSFRAL �IJN1Y.TOMB --w=.uL�. •R!K FROpIRYT L!S RI TIE 7.01E MDiED. yM 'PAMEL 110. 'UNLESS RaoursTm,Rm:>aia71AM.NG DOES"Or ACWAL FWD Fl.lVAT10R ROT OE19Oq(p, . LOOD ZONE(F.E.Y,A) x rRRRAMr 1OR TD TK AOgRlAOT OR SCALE a SAO MAP. . CENSUS TRACT - 5 i RE>�N DATE WALTER A KSI *<y.•' • ^/d, R D �� NO 33 t j DATE:�2,� !11 ,1M� WALTER 3 KSIAZ£a•. • FlELD hlpJtl s �� 800K NO.: • J08 NO.:U7�3 1405 CORNE'RSTpNE COURT' BEAU11 �� SURVE�'�Q ' 409 -7238 FAX 4D9 �' TEXAS -7303 ,r•• EXHIBIT "B" 3 December 6,2011 Consider a request for a specific use permit to allow a drinking place in a GC-MD(General Commercial-Multiple Family Dwelling) District at 5010 College Street RICH WITH OPPORTUNITY BEAUM�ON* T • E • A • A • S City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Mana er C� PREPARED BY: Chris Boone, Community Development Director MEETING DATE: December 6, 2011 REQUESTED ACTION: Council consider a request for a specific use permit to allow a drinking place in a GC-MD (General Commercial- Multiple Family Dwelling)District at 5010 College Street. RECOMMENDATION The Administration recommends approval subject to the following conditions: 1. Provide nine parking spaces including one ADA parking space(based upon 450 sq. ft. of customer service area) or get a special exception to the parking requirement from the Board of Adjustment. 2. The property owner will need to verify that the sanitary sewer service is not crossing private property to get to the City sanitary sewer main. BACKGROUND Nasrullah Hussain and his son have applied for a specific use permit. Mr.Hussain states that the drive-thru beverage store will serve wine based drinks that are flavored with various syrups so that the drink tastes like"real'frozen drinks such as pins coladas, strawberry daiquiris and long island ice teas. Once the beverages are mixed,they are placed in a machine to the make the beverage"frozen". Mr.Hussain operates a similar store in Orange. In 2004,City Council approved a specific use permit to allow a similar establishment at 5405 College(southwest corner of College and Chamberlin). At a Joint Public Hearing held November 21, 2011,the Planning Commission recommended approval 6:2 of the specific use permit subject to the following conditions: 1. Provide nine parking spaces including one ADA parking space(based upon 450 sq. ft. of customer service area) or get a special exception to the parking requirement from the Board of Adjustment. 2. The property owner will need to verify that the sanitary sewer service is not crossing private property to get to the City sanitary sewer main. BUDGETARYIMPACT None. ORDINANCE NO. ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A DRINKING PLACE IN A GC-MD (GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING) DISTRICT AT 5010 COLLEGE STREET IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS, Kulsom & Fatima, LLC has applied for a specific use permit to allow a drinking place in a GC-MD (General Commercial-Multiple Family Dwelling) District at 5010 College Street, being the South 100' of Lots 10-12, Block 9, Sunnyside Addition, City of Beaumont, Jefferson County, Texas, containing 0.172 acres, more or less, as shown on Exhibit'A" attached hereto; and, WHEREAS, the Planning and Zoning Commission of the City of Beaumont considered the request for a specific use permit to allow a drinking place in a GC-MD (General Commercial-Multiple Family Dwelling) District at 5010 College Street; and, WHEREAS, the City Council is of the opinion that the issuance of such specific use permit is in the best interest of the City of Beaumont and its citizens,subject to the following conditions; • Provide nine parking spaces including one ADA parking space (based upon 450 sq. ft. of customer service area) or get a special exception to the parking requirement from the Board of Adjustment. • The property owner will need to verify that the sanitary sewer service is not crossing private property to get to the City sanitary sewer main. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, Section 1. That a specific use permit to allow a drinking place in a GC-MD (General Commercial-Multiple Family Dwelling) District at 5010 College Street, being the South 100' of Lots 10-12, Block 9, Sunnyside Addition, City of Beaumont, Jefferson County, Texas, containing 0.172 acres, more or less, as shown on Exhibit "A," attached hereto; and, is hereby granted to Kulsom&Fatima, LLC, its legal representatives,successors and assigns, as shown on Exhibit"B," attached hereto and made a part hereof for all purposes, subject to the following conditions; • Provide nine parking spaces including one ADA parking space(based upon 450 sq. ft. of customer service area) or get a special exception to the parking requirement from the Board of Adjustment. • The property owner will need to verify that the sanitary sewer service is not crossing private property to get to the City sanitary sewer main. Section 2. That the speck use permit herein granted is expressly issued for and in accordance with each particular and detail of the site plan attached hereto as Exhibit "B," attached hereto and made a part hereof for all purposes. Section 3. Notwithstanding the site plan attached hereto, the use of the property herein above described shall be in all other respects subject to all of the applicable regulations contained in Chapter 28 of the Code of Ordinances of Beaumont, Texas, as amended, as well as comply with any and all federal, state and local statutes, regulations or ordinances which may apply. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 6th day of December, 2011. - Mayor Becky Ames - - : Request for a specific use permit to allow a drinking place in a GC-MD General Commercial-Multiple Family Dwelling)District. Location: 5010 College Applicant: Kulsom& Fatima,LLC 0 100 200 I I I Feet Legend NC V C"MD -S • ' N M 2112P WALL ST .D -M-D GC- N C Z Z o COLLEGE ST v G) m m v 3 70 700 m G�C-M.D MM.D CGG=MD EXHIBIT "A" G.F. NO. -- 4 1 I BLOCK . { I--OT t?. I�OT" °► I %4 UTH SQ' l �o FlJ O Ts�� I 1.too I.Ro tll : > I L OT 9 TH IOO O F L.OT'B. 10 11 t 12 . � Q3 50 0 0� r r O 5010 College Street City of Beaumont, Texas pWe 5T"0RY j South 100 of Lots 10,11 & 12 Block 9 SR I CK-k C�Y- "U.CCO Sunnyside' Addition g ' Vol. 5, Pg. 75 Owner: M & M Liquors, Inc. O O — ' cov��r�/�cbwcR� w.s�-K `+- PIPE GUARD RAIL$ CO.t SI•t ELL U, S' SI PA RKIWq CSlaw ( . , I . I T S' * (F U Z00 CO Je<ae (bO RO.W.A t2 Ba,R *Approval subject to the following conditions: 1. Provide nine parking spaces including one ADA parking space(based upon 450 sq.ft.of customer service area)or get a special exception to the parking requirement from the Board of Adjustment. 2. The property owner will need to verify that the sanitary sewer service is not crossing private property to get to the City sanitary sewer main EXHIBIT "B" , 4 December 6,2011 Consider the abandonment of a 701.3' section of Jones Street running from the west right-of-way line of Wescalder RICH WITH OPPORTUNITY U' BEAiUM-0' 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: December 6, 2011 REQUESTED ACTION: Council consider the abandonment of a 701.3' section of Jones Street running from the west right-of-way line of Wescalder. RECOMMENDATION The Administration recommends denial of the abandonment. BACKGROUND Wade Graham has applied for the abandonment. Jones Street, as platted,extends west of Wescalder a distance of approximately 4,100 feet with approximately 1,100 feet of that being within the City. The most westerly end of Jones Street dead-ends at a drainage canal. Along its entire distance,no other north/south street and/or right- of-way intersects with Jones Street except for Wescalder. To abandon the most easterly 701'of Jones will cut off access to properties to the west. According to staff research, the only access for four property owners is Jones Street. All other property owners along Jones Street have access to other streets. Mr. Graham owns the property immediately south of the subject property. He states that he has improved and maintained the right-of-way over the years. He says that the City has partially mowed the right-of-way once a year. This item was sent to all interested parties. No negative responses have been received. However,DD#6 has stated that since it owns the property to the north, it will obtain the north 25'of the right-of-way. It will need to retain an additional 10' drainage easement beyond the 25'. At a Regular Meeting held November 21,2011,the Planning Commission recommended denial 8:0 of the abandonment. BUDGETARY IMPACT None. r Wade Graham 2810 Wescalder Beaumont, TX 77707 409-838-9181 City of Beaumont Planning Division, Rm 205 801 Main Street Beaumont,TX 77701 September 22,2011 BE: Lot 1,Block 14,Abstract#050 1 have built the road and maintained the adjoining property for the past 25 years. The city has (maybe)mowed it partially once per year. The city has never cut up and moved fallen trees and branches. That activity falls to me. I have never been able to get assistance from the city such as-road base like asphalt, paving waste or rock. I supplied the washout at about$150.00 per load and crushed asphalt at$300.00 per load. I have used asphalt shingles that I picked up and other materials to keep the road passable. I used my equipment to spread and smooth the road to keep it passable. The property being considered has sink holes that will "sink"a vehicle should someone run off into one of them. The city will not help!!! I respectfully request that this property adjoining my property be signed over to us. Wade E. Graha ary Ann raham ORDINANCE NO. ENTITLED AN ORDINANCE VACATING AND ABANDONING A 701.3' SECTION OF JONES STREET FROM THE WEST RIGHT-OF-WAY LINE OF WESCALDER ROAD,BEAUMONT, JEFFERSON COUNTY, TEXAS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT a 701.3' section of Jones Street from the west right-of-way line of Wescalder Road, being a 50' x 701.3' section of Jones Street beginning at the west right-of-way line of Wescalder Road and extending in a westerly direction for a distance of 701.3', City of Beaumont, Jefferson County, Texas, containing 0.804 acres, more or less, as shown on Exhibit "A" attached hereto, be and the same is hereby vacated and abandoned and that title to such property shall revert to and become the property of the persons entitled thereto, as provided by law. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 6th day of December, 2011. - Mayor Becky Ames - it : Request to abandon a 7013' section of Jones Street running from the west fight-of-way line of Wescalder. Applicant: Wade Graham 0 100 200 I I I Feet Legend S ® 789OB v a c � HUMBLE RD z a z z v M Q R-S N n F v M R=S R-S EXHIBIT "A" 5 December 6,2011 Consider amending the FY 2012 Budget to appropriate additional funds for a one-time payment for all full-time civilian employees RICH WITH OPPORTUNITY REAUMO�K_* T - Z • X • A s City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Laura Clark, Chief Financial Officer MEETING DATE: December 6, 2011 REQUESTED ACTION: Council consider amending the FY 2012 Budget. RECOMMENDATION Administration recommends that Council amend the FY 2012 Budget to appropriate additional funds for a larger one-time payment to civilian employees in the General Fund, Water Fund, Solid Waste Fund, Fleet Fund, Hotel Occupancy Fund, and the Henry Homberg Golf Course Fund than what was originally budgeted. BACKGROUND On September 6, 2011, Council approved the FY 2012 Budget, which included a one-time $500 payment for each civilian full-time employee. Because Police and Fire employees are paid in accordance with their respective collective bargaining agreements,they are not included in the one-time payment. When preparing the FY 2012 Budget, it was anticipated that the ending fund balance in the General Fund for the year ending September 30, 2011, would be just over$27 Million, but the fund balance is estimated at$28.7 Million or$1.7 Million more than anticipated as of the end of October. This was due to the overall diligence of departments and their employees in maintaining their budgets resulting in overall expenditures being less than expected coupled with sales tax and other revenues actually being above what was estimated. The Water Utilities Fund, Solid Waste Fund, Fleet Fund and Hotel Occupancy Fund also began FY 2012 with fund balances greater than that anticipated in the FY 2012 Budget by amounts ranging from $1.1 Million to $51,500. Once again,these greater balances were due to diligence in holding expenditures and additional revenues. Based on these additional funds being available,the Administration is recommending the $500 payment be increased to $1,200 for each full-time civilian employee and full-time appointed officials, including the City Manager, City Attorney, City Clerk and Chief Magistrate. The proposed one-time payment would equate to about 3%of the median employee salary of $36,500. Budget Amendment December 9, 2011 Page 2 The proposed appropriation would be allocated as follows: Fund: Proposed Amendment General Fund $ 515,000 Water Fund 119,800 Solid Waste Fund 51,100 Fleet Fund 29,100 Hotel Occupancy Tax Fund 8,400 Henry Homberg Golf Course Fund 1.900 Total Amendment $ 725,300 BUDGETARYIMPACT The total budgetary impact to all funds is $725,300. There is sufficient fund balance and/or additional revenues to cover the increase in the one-time payment. ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING THE FISCAL BUDGET OF THE CITY OF BEAUMONT FOR THE FISCAL YEAR 2012 TO APPROPRIATE ADDITIONAL FUNDS IN THE GENERAL FUND, WATER FUND, SOLID WASTE FUND, FLEET FUND, HOTEL OCCUPANCY FUND, AND THE HENRY HOMBERG GOLF COURSE FUND TO PROVIDE COMPENSATION PAYMENT FOR FULL TIME CIVILIAN EMPLOYEES; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR REPEAL. WHEREAS, the Fiscal Year 2012 Budget appropriated funds for a one time compensation payment to full time civilian employees of$500.00; and, WHEREAS, additional funds are available to provide a $1,200.00 one time compensation payment to full time civilian employees and full time appointed officials; and, WHEREAS, the City Council finds it desirable to make such compensation payment and that the Fiscal Year 2012 Budge should be amended to appropriate funds to accomplish the compensation payment; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: Section 1. THAT the Fiscal Budget of the City of Beaumont for the period commencing October 1, 2011 through September 30, 2012 be and the same is hereby amended to appropriate additional funds in the General Fund, Water Fund, Solid Waste Fund, Fleet Fund, Hotel Occupancy Fund, and the Henry Homberg Golf Course Fund as shown below to provide a one time compensation payment for each full time civilian employee and full time appointed officials: Fund: Proposed Amendment General Fund $ 515,000 Water Fund 119,800 Solid Waste Fund 51,100 Fleet Fund 29,100 Hotel Occupancy Tax Fund 8,400 Henry Homberg Golf Course Fund 1.900 Total Amendment $ 725,300 Section 2. That if any section, subsection, sentence, clause or phrase of this ordinance, or the application of same to a particular set of persons or circumstances should for any reason be held to be invalid,such invalidity shall not affect the remaining portions of this ordinance, and to such end the various portions and provisions of this ordinance are declared to be severable. Section 3. That all ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 6th day of December, 2011. - Mayor Becky Ames - 6 December 6,2011 Consider authorizing the City Manager to amend the Neighborhood Stabilization Program contract with the Texas Department of Housing and Community Affairs to allow for an increased funding amount and to extend the contract deadline RICH WITS OPPORTUNITY BEAUNIN* T - E - B A - S City Council Agenda Item TO: City Council FROM: Kyle Hayes,City Manager PREPARED BY: Chris Boone,Community Development Director MEETING DATE: December 6,2011 REQUESTED ACTION: Council consider authorizing the City Manager to amend the Neighborhood Stabilization Program contract with the Texas Department of Housing and Community Affairs(TDHCA)to allow for an increased funding amount and to extend the contract deadline. RECOMMENDATION Administration recommends approval. BACKGROUND In June,2009,the City applied for and received an award of approximately$900,000 for the Neighborhood Stabilization Program(NSP). The Neighborhood Stabilization Program(NSP)is a HUD-funded program authorized by the"Housing and Economic Recovery Act of 2008"(HERA), as a supplemental allocation to the Community Development Block Grant(CDBG)Program. The purpose of the program is to acquire and encourage redevelopment of foreclosed,abandoned and blighted properties in order to stabilize neighborhoods and stem the decline of house values of neighboring homes. This program offers a variety of eligible activities,including demolition of properties, establishing land banks for foreclosed properties and the rehabilitation and selling of properties to provide affordable housing. To date,the City has demolished thirty-eight(38)homes in the North End and,working with its partners, Legacy Community Development Corporation(CDC) and the Texas Department of Housing and Community Affairs(TDHCA),has acquired nine(9)homes in the North End that remained unfinished from a prior TDHCA program. Eight houses are currently being rehabilitated for sale to low-to-moderate income residents and one unit will be offered for rent by Legacy CDC. Because of the complexity of completing the partially-constructed homes,TDHCA is providing additional time and funding to complete the project. With the additional funding,the grant amount will be $1,474,75$,.18 and the deadline will be extended to July 1,2012. BUDGETARY EWPACT None. Funds would be available through this grant,with no required local match. 11-30-11P03:33 RCVD TEXAS DEPARTMENT OF HOUSING AND COM1vIUN=AFFAIRS wwn.Ocac.rta e.oc.ra BOARD MEMBERS J.Paul Oxer,Chair Rick Perry Tom R Gum,Via Chair GOVERNOR C.Kent Conine Leslie Bingham-Escareno Lovell A.Keig Juan S.Munoz,PhD November 29,2011 Writer's direct phone#5121475-0737 Email:meredith.tonjes@tdhca.state.tx.us Johnny Beatty CDBG Manager City of Beaumont 801 Main Street, Ste. 225 Beaumont, TX 77701 Re: Texas NSP Contract No. 77090000163 Amendment No. 1 Dear Mr. Beatty: Please find enclosed two original copies of an amended Section 2, Contract Period; Exhibit B, Budget, and Exhibit C, Milestones and Thresholds, which collectively represent Amendment No. 1 for Texas NSP Contract No. 77090000163. Please have the City's authorized signatory sign both original copies. .Please retain one fully executed copy for your records and return the other fully executed copy to my. attention. If you should have any questions or concerns, please do not hesitate to contact me at meredith.ton'es_,tdhca.state.tx.us or 512/475-0737. A onj es am Specialist 221 East 11th-P.O. Box 13941 -Austin,Texas 78711-3941 - (800) 525-0657- (512)475-3800 TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS TEXAS NEIGHBORHOOD STABILIZATION PROGRAM CONTRACT NO.77090000163 City of Beaumont AMENDMENT NO. 1 ("First Amendment") Section 1. The TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS,a public and official agency of the State of Texas("Department")and the City of Beaumont,a political subdivision of the State of Texas ("Contractor"),hereinafter collectively referred to as"Parties",do hereby contract and agree to amend Contract No. 77090000163 ("Contract"), executed by the Parties to be effective on September 1,2009. Section 2. Under the authority described in Section 16 of the Contract, and under 10 TAC Section 9.4 whereby the Contractor has demonstrated extenuating circumstances and for valuable consideration,the receipt and sufficiency which are hereby acknowledged,the Parties hereby agree to further amend the Contract in the manner provided herein below: 1. Section 2,Contract Period,of the Contract is hereby deleted in its entirety and replaced with the following language: "This Contract shall commence on September 1,2009(Start Date), and shall terminate on July 1, 2012(End Date),unless otherwise specifically provided by the terms of this Contract." 2. Exhibit B to the Contract,"Budget", is replaced in its entirety with the attached amended Exhibit B consisting of one(1)page. 3. Exhibit C to the Contract,"Milestones and Thresholds", is replaced in its entirety with the attached Exhibit C consisting of(1)page. Section 3. This First Amendment shall become effective on the last date of execution of this First Amendment by both Parties. Section 4. Except as amended hereby,the terms of the Contract identified in Section 1 shall remain in effect as therein set forth and will continue to govern except to the extent that said terms conflict with the terms of this First Amendment, and the Contractor hereby acknowledges and reaffirms its liability thereunder.In the event of an inconsistency between this First Amendment and the terms of the Contract,this First Amendment shall govern. Section 5. By signing this First Amendment,the Parties hereto expressly understand and agree that this First Amendment shall become a part of the Contract identified in Section 1 above as amended as though it were set forth word for word therein. Page 1 of 2 WITNESS OUR HANDS EFFECTIVE: CONTRACTOR: City of Beaumont, a Political Subdivision of the State of Texas By: Name: K ly e Haves Title: Cily Manager Date: THIS FIRST AMENDMENT IS NOT EFFECTIVE UNLESS SIGNED BY THE EXECUTIVE DIRECTOR OF THE TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS,OR HISIBER AUTHORIZED DESIGNEE. APPROVED AND ACCEPTED ON BEHALF OF: DEPARTMENT: TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS, a public and offikoial agency of the State of Texas By: Name: Its: Duly authorized representative Date: t JZ$�l1 Page 2 of 2 EXHIBIT B, AMENDMENT 1 BUDGET TEXAS NSP CONTRACT NO. 77090000163 CITY OF BEAUMONT CONTRACT OTHER LINE CATEGORIES FUNDS FUNDS* TOTAL OWN Al Permanent Financing A2 Homebu er Assistance B1 Acquisition/Disposition $ 192,069.17 -0- $ 192,069.17 B2 Rehabilitation/Reconstruction $1,112,462.43 -0- $1,112,462.43 C Land Bank D Demolition $ 100,000.00 -0- $ 100,000.00 E1 Acquisition/Disposition E2 New Construction (permanent housing) E3 Public Facilities 77 E4 lRehabilitation F lAdministration $ 70,226.58 -0- $ 70,226.58 G Other non-NSP eligible use Totals $ 1,474,758.18 -0- $ 1,474,758.18 * Sources of other committed funds: 1) 2) 3) Page 1 of 1 EXHIBIT C,Amendment# 1 CONTRACT NO. 77090000163 CITY OF BEAUMONT CONTRACT MILESTONES All contract funds 100% Obligated September 3,2010 All Rehab/Reconstruction activities initiated January 31,2012 All Rehab/Reconstruction activities completed March 1,2012 All properties in eligible use May 1,2012 Contract 100%Expended June 1,2012 Loan Repayment begins (if properties not put into eligible use) July 1,2012 Page 1 of 1 RESOLUTION NO. WHEREAS, on April 21, 2009, the Gity Council passed Resolution No. 09-109 authorizing the City Manager to apply for and receive funding in an amount up to$900,000 through the Neighborhood Stabilization Program provided by the Texas Department of Housing and Community Affairs (TDHCA); and, WHEREAS, on June 30, 2009, the City Council passed Resolution No. 09-193 amending Resolution No. 09-109 by adding additional language to include statements concerning the facts that the program is reimbursable, specifically naming the City Manager and that he has the ability to apply for the program and represent the City and execute contracts; and, WHEREAS, an amendment to the contract with the Texas Department of Housing and Community Affairs (TDHCA) is necessary to extend the contract deadline to July 1, 2012 and to allow for an increased funding amount of$574,758.18,for a total grant amount of$1,474,758.18; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and THAT the City Manager be and he is hereby authorized to execute an amendment to the contract with the Texas Department of Housing and Community Affairs (TDHCA) to extend the contract deadline to July 1, 2012 and to allow for an increased funding amount of$574,758.18, for a total grant amount of$1,474,758.18. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 6th day of December, 2011. - Mayor Becky Ames- 7 December 6,2011 Consider approving a contract for management of the Beaumont Municipal Transit System RICH WITH OPPORTUNITY BEA ` ,V0N* T • $ • z • A • s A City Counc l en da Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Lawn Clark, Chief Financial Officer MEETING DAVE: December 6, 2011 REQUESTED ACTION: Council consider awarding a contract for management of the Beaumont Municipal Transit system. RECO •NDATION The administration recommends the award of a three-year contract to CCL MB Inc. (CCL)of Jacksonville,Florida for an estimated total of$571,500 over the three year term. BACKGROUND The Beaumont Municipal Transit system aurally operates a fleet of eighteen(18)buses, eleven (11)paratrensit vans, and five(5)service vehicles. CCL has managed the Beaumont Municipal Transit(RMT)system since 1974. A Request for Proposal(RFP)was sent to five(5)potial responders and posted on the City website. Two(2)responses were received. Both responses were evaluated according to the criteria provided in the RFP. CCL received the higher score. Evaluation results are attached. The contract provides for a term of three(3)years with two(2)successive one-year extensions at the following pricing structure: Price Slrwtwm Year 1 Yew 2 Yew 3 Your 4 Year 5 M Fee W,000 $40,000 $40,000 $40,000 $40,000 Gaeral Manager 69 000 70,500 72,000 73,500 75,000 Accounting Services 24,000 24,000 24,000 24,000 24,000 Payroll Services 4,000 4,000 4,000 4,000 4,000 Purchasing Services 6,000 6,000 6,000 6,000 6,000 Travel Costs 1 6,000 6,000 6,000 6,000 6,000 Other Indirect Costs 1 40,0001 40,0001 40,0001 40,000 40,000 Total I $169,9®0 1 $190,5001 $192,0001 $193,580 $195,000 Other Indirect Costs include pension administration, group insurance administration, and provision of computers and associated software, along with overhead costs. BUDGETARY EffACT Funds for this expenditure are budgeted in the Municipal Transit Fund. EvaWation for Basis of Award City of Beaumont RFP No.MF0811-53 Managemcstt services for the Beaumont Municipal Transit System 6 1.,., 20*/s Qualification of 19 11 General 2 20°/a Experience of 17 20 Firm 3 10*/* Understanding of 10 5 Local Conditions 4 200 Plans 18 19 5 30% Cost 21 27 Totals 8501* E2•/. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Council hereby approves a three (3) year contract with two (2) successive one (1) year renewal options with CCL Management, Inc., of Jacksonville, Florida, for the management of the Beaumont Municipal Transit system at the prices shown below: Price Structure Year 1 Year 2 Year 3 Year 4 Year 5 Management Fee $40,000 $40,000 $40,000 $40,000 $40,000 General Manager 69,000 70,500 72,000 73,500 75,000 Accounting Services 24,000 24,000 24,000 24,000 24,000 Payroll Services 4,000 4,000 4,000 4,000 4,000 Purchasing Services 6,000 6,000 6,000 6,000 6,000 Travel Costs 6,000 6,000 6,000 6,000 6,000 Other Indirect Costs 40,000 40,000 40,000 40,000 40,000 Total 1 $189,0001 $190,500 1 $192,000 1 $193,500 $195,000 BE IT FURTHER RESOLVED THAT the City Manager be and he is hereby authorized to execute a contract with CCL Management, Inc., of Jacksonville, Florida, for the purposes described herein. The contract is substantially in the form attached hereto as Exhibit "A" and made a part hereof for all purposes . PASSED BY THE CITY COUNCIL of the City of Beaumont this the 6th day of December, 2011. - Mayor Becky Ames - MANAGEMENT AGREEMENT THIS AGREEMENT made and entered into this the day of ,20_9 by and between the City of Beaumont, a Texas municipal corporation, (hereinafter referred to as City), and Beaumont Transit Company,a Texas corporation of Beaumont,Texas(hereinafter referred to as Company). WITNESSETH: WHEREAS, the City has acquired vehicles, repair facilities, furniture, fixtures, books, records, contracts and other properties for the operation of a public transportation system for the use and benefit of the public; and WHEREAS,the City intends to retain title,ownership,use and possession of all properties now or hereafter acquired for the purpose of said public transportation system and the revenues to be derived therefrom,but desires to engage a firm to operate and manage,under the supervision of the City,said public transportation system; and WHEREAS,the Company,its officers,and supervisory employees are trained and experienced in the operation of public transportation systems; and WHEREAS,the City deems it advisable and in the public interest to execute an agreement with the Company for the operation and management of its public transportation system; NOW, THEREFORE, for and in consideration of the mutual promises and covenants contained herein, it is agreed that: Section 1: The City hereby retains and employs the Company to provide management services and to operate its public transportation system, comprising all properties, equipment, facilities, routes, and services,now or hereafter existing for such purpose,to the end that the Company shall employ,furnish,and supervise the personnel, including the Resident Manager, necessary for the City's operation of its public transportation facility, and shall also perform such other services as hereinafter provided and under the conditions set forth. In this connection,the Company shall assume the active direction of the transportation system,including transportation,maintenance,schedule preparation,labor relations,accounting,employee selection and training, and supplying public information to the public in person or over the telephone. In addition,the Company shall furnish and supervise all personnel required for the City's operation of its public transportation system. It is the intention of the parties in the execution of this Agreement that the Company shall provide the full and complete management services for the public transportation facility owned by the City during the term hereof and any specific duties and obligations set forth herein shall not be construed as limitations. This agreement shall become effective on ,20_and shall remain in effect for a period of three (3) years from and after the effective date and for two additional one (1) year periods contingent upon satisfactory performance by the Company,meeting goals to be established by the parties hereto. 1 EXHIBIT "A" Section 2: The City agrees to provide and furnish to the Company for the operation of the public transportation system all of the properties and facilities of such system now or hereafter owned,purchased or leased by the City including,but not limited to,(a)passenger and service vehicles,(b)gasoline,diesel and other fuels,oils and lubricants, (c)tires and tubes for such vehicles, (d)repair and replacement parts and materials, (e) furniture, fixtures, and all necessary and usual office equipment and facilities, (f) shop and repair facilities,tools and machinery,and(g)land and buildings used for transportation purposes. Title to and ownership of all of said properties and facilities,including leasehold interests, shall be taken and held in the name of the City;purchases or acquisitions made after the effective date of this Agreement for the benefit or operation of the public transportation system shall be made by the City. Section 3: The Company agrees to manage, supervise, and operate the City's said public transportation system in an efficient and economical manner. Nothing in this agreement shall or should be taken as a guarantee or representation by the Company that the operation of the City's public transportation system shall produce a profit to the City or shall be free from loss by reason the Company's management of the same pursuant to the terms of this agreement. The public transportation system shall be operated over the routes,on the schedules,and at the rates of fare as designated by the City,it being understood that,as between the parties hereto,the City has the sole authority to determine and set the rates to be charged,the routes to be operated,and the service to be furnished. Section 4: The Company agrees to furnish for the active management and direction of the system such general managerial,administrative, and technical services and guidance as shall be necessary for the proper operation of the system. The services may be provided in the principal office of the Company's parent corporation, or at such other place, or places, as the Company shall determine. The services and guidance provided by the Company's parent corporation or affiliated companies include,but are not limited to: (a)Payrolls:The maintenance of employment records;cross checking of pay rates and rate increases to labor contracts; calculation of special pay rates under labor contract; summarization of daily time cards for total pay hours and gross pay;calculation of withholding and social security taxes;maintenance of other payroll deduction records and ledgers for pension contributions, bonds, uniforms, union dues, group insurance,United Way, etc.;maintenance of schedules as to timing of deductions; calculation of net pay; preparation of quarterly Federal and state payroll tax returns;preparation of weekly depository forms and filings for payroll taxes;preparation and issuance of W-2 forms at year end;maintenance of record of exempt wages;preparation of payroll register;maintenance of individual employee earning records;and preparation of the individual paychecks. (b) Accounts Payable: Processing of all disbursements; matching receiving reports with invoices received; checking to see that Purchasing has verified the pricing with the purchase order;reconciling the individual invoices to the vendor's statement;preparing the vouchers and voucher register and preparing the disbursement checks for signature. (c)Purchasing: Issuance of purchase orders; maintenance of price lists; maintenance of perpetual inventory records;preparation of bidding specifications for tire,fuel,and similar contracts;issuance of bid proposals for tire,fuel,and similar contracts and analysis of such bids;combination ofbidding with affiliated operations,ifbeneficial;physically make,summarize,and analyze inventories of fuel,materials and supplies, and other assets; cross shipping of parts with affiliated operations to reduce obsolescence; preparation of 2 requests to manufacturers for parts returns;supervision and control of billings under manufacturers warrants; product comparison;supervision and evaluation of field testing of new products;preparation of maintenance bulletin; coordinate and conduct maintenance manager's conferences. (d)General Accounting: Maintenance of general ledger and all subsidiary records;preparation of journal entries;maintenance of statistical information;preparation of budgets and forecasts;preparation of special reports;preparation of financial statements; preparation and filing of Federal and state payroll tax returns and other required tax filings;establishment of internal control and procedures to safeguard cash and other assets; performance of periodic internal audits to assure procedures are adequate and are being followed;preparation of financial reports required in connection with special Federal or state demonstration grants,capital grants and operating subsidies;programming of data processing equipment; [availability of data processing equipment on an as-needed basis for payrolls,accounts payable,property records and special projects.] (e) Insurance and Safety: Supervise handling and settlement of all accident and injury claims; conduct safety education programs: administer group insurance coverage;process and control sick pay and worker's compensation claims;administer the acquisition of insurance coverage;combination of collective risks of all affiliated operations into one policy if beneficial to spread the risk over a broader base and obtain lower rates; supervise the handling and processing of worker's compensation and other insurance claims, coordination of selection and training procedures;coordinate and supervise maintenance of accident records and driver records; maintain accident statistical data for National Safety Council and American Public Transit Association competition;prepare and distribute reports analyzing accidents;obtain necessary filings to comply with state insurance requirements; evaluate data collected from accident investigation and litigation with excess liability carrier;maintain claim files; and supervise subrogation claims. During the term of this agreement,the Company shall take out and maintain the following insurance coverages: (1) Automobile Liability Insurance applicable to claims arising from the use, operation and maintenance of buses providing liability limits at least in the amount of$5,000,000 per occurrence,combined single limits bodily injury and/or property damage. Liability limits at least in the amount of$1,000,000 per occurrence combined single limits bodily injury and/or property damage shall be maintained for use and operation of private passenger vehicles and service vehicles owned or operated by or on behalf of the City. (2) Automobile Collision and Comprehensive Insurance must be maintained covering all vehicles owned or operated by the Company. The City shall be named as loss payee as their interests may appear. (3) Commercial General Liability Insurance providing liability limits at least in the amount of $1,000,000 per occurrence applicable to claims for bodily injury and/or property damage. The City shall be included as named insureds under this policy. (4) All risk Property Insurance covering loss or damage to personal property and equipment located within premises leased to or occupied by the City. The City of Beaumont shall be named as loss payee. 3 I (5) Inland Marine Insurance protecting against all risks of direct physical loss must be maintained for communications equipment and other movable equipment of high value. (6) Employee Blanket Fidelity Bond coverage must be maintained protecting the Company and the City with limits at least in the amount of the maximum potential exposure to loss of monies for which the City is responsible. (7) Worker's Compensation coverage providing statutory benefits and Employers Liability Insurance,including the Broad Form All States Endorsement shall be maintained,protecting all employees of the Company against occupational injury or disease. The Company shall provide the City with insurance certificates certifying that the foregoing insurance is in force;and such insurance certificates shall include provisions that the insurance shall not be canceled,allowed to expire or changed without giving the City thirty days written notice by certified mail. (f)Management:The officers and employees of the Company's parent corporation shall perform all the normal functions of their positions for the Company without receiving any direct compensation from the Company;included in these functions are:labor relations;negotiations of labor agreements;administration of grievances or arbitrations under labor agreements; schedules and run bids; maintenance of pension records; assistance in preparation of specifications, grant applications, financing, and related managerial activities for capital additions and operation subsidies;preparation of exhibits and testimony in connection with budget proceedings and other regulatory matters; assist in long-range planning; set and administer Company policy. The Company will determine how well the present system is meeting the transit needs of the present service area,and make recommendations for improvements to better serve the population of the service area. (g) Support Equipment and Supplies: The Company's parent corporation shall provide at no additional cost to the City,other than the fee stated herein,equipment such as typewriters,adding machines, desks,tables,chairs,file cabinets,copy machines,data processing equipment,etc. The management fee shall include all supplies such as paper,pens,pencils,ribbons,etc.,that shall be necessary to perform the above functions by the parent corporation. In addition to the above managerial, administrative and technical services and guidance to be provided by the Company's parent corporation,the Company agrees to provide from its parent corporation or its affiliated companies such temporary employees as may be necessary for short duration and for special projects or emergencies such as illness, death,etc. The Company's parent corporation further agrees to provide its system of controls,work flow,forms, etc.,which has been developed over a period of years from experience in many different transit operations. Section 5: The Company shall prepare operating budgets for the public transportation system for approval by the City concerning rates of fare,routes and service required to meet City budgets. Section 6: The Company agrees to retain competent.practicing attorneys to handle all legal matters including,but not limited to,the prosecution and defense of all claims,suits and actions for damages,by or against the City,or the Company and their officers and employees,individually or jointly,arising out of the operation of the public transportation system. 4 Section 7: The Company shall not be liable to the City for any failure, delay or interruption of service,nor for any failure or delay in the performance of any duties and obligations under this agreement due to strikes,Acts of God,government restriction, enemy action,civil commotion,unavoidable casualty or similar acts beyond the control of the Company. Section 8: All revenues received from the operation of the public transportation system, including fares received from passengers, charter and advertising fees, and monies received from the rental, use or investment of properties or funds of the City shall be,and remain from the time of the receipt thereof,the absolute property of the City. The Company agrees to receive,collect,deposit and disburse such revenues for the operations of the public transportation system, and to keep and maintain books and records of the operation of the public transportation system in accordance with standard accounting procedures applicable to such operation,and to render and certify to the City full and complete monthly and annual operating and financial reports in the form and manner approved by the City,and such other information in respect to the operation of the public transportation system, as the City may from time to time request. Section 9: The Company agrees to audit, verify and prepare vouchers, to prepare checks for the signature of the person(s) designated by the City, and disburse funds for the payment of the operating expenses of the system, which operating expenses are defined to mean and include, but not by way of limitation: (1) Reimbursement to the Company the gross amount of wages and salaries paid to or for the benefit of all employees of the Company including the Resident Manager, including all social security,unemployment and other payroll taxes now or hereafter imposed or levied on any employer and paid on the salaries and wages of such employees and officers of the Company, and the expense of worker's compensation insurance covering all such employees. (2) Payments made by the Company pursuant to any Pension or other plan presently in effect for the benefit of the Company's employees, and as the same may be hereafter amended from time to time,and other employee costs,including medical and hospitalization program costs. (3) All payments made in settlement of claims or satisfaction of judgments arising out of injury or death of persons, or damage to property incurred in the operation of the public transportation system,and all expenses incident thereto,including the expense of operating the claim department,attorney's fees,court costs and other expenses of the trial of lawsuits, witness and investigation expenses,medical,hospital and ambulance services,the cost of bonds and deposits required by law,and the premium on liability insurance. (The Company, the City,their officers of employees,shall be protected as their interests may appear by the insurance described in Section 4,and the creation by the City of a casualty reserve fund,as provided in Paragraph(7)of this Section,in an amount equal to the then estimated liability not covered by insurance for all outstanding claims.) (4) All general and miscellaneous expenses incident to the operation and proper maintenance of the public transportation system including,but not limited to, cost of general property 5 insurance, fidelity bonds, telephone, telegraph, postage, freight, stationery and printing, office supplies, checks, etc., maintenance of office machines and equipment, books, newspapers,utility services,materials,legal fees,medical expenses,services rendered under general or special contracts,advertising,printed schedules and route maps,drafting supplies and blueprinting expense,arbitration expense,audit expense,bank charges,comprehensive liability insurance,American Public Transportation Association expense,National Safety Council expense,cost of technical journals and services,and other expenses of a usual and customary nature incident to the operation of the public transportation system. Only the following expenses shall be excluded from reimbursement to the Company: Corporate expenses;taxes of all kinds levied by reason of property owned by,or net income of,the Company. (It is believed that the Company is not liable for any taxes other than the foregoing,but in the event it should be adjudged liable for any other taxes,the Company shall be reimbursed for same.) (5) For the managerial, administrative, technical services and guidance provided by the Company's parent corporation and as management compensation,the City agrees to pay to the Company a monthly fee as follows: Year One 10,000.00 Per Month Year Two 10,000.00 Per Month Year Three 10,000.00 Per Month Year Four 10,000.00 Per Month(If Contract is Extended) Year Five 10,000.00 Per Month(If Contract is Extended) (6) Payment to vendors and contractors for all amounts due for the purchase of materials, supplies,fuel,transfers,passes and tickets,or other items purchased by the Authority for use in the operation of the public transportation system,and the payment of rental or use charges due for tires,machinery and other items leased by the City for such purpose. (7) Payment into a"Casualty Reserve Fund"of the City of an amount sufficient to make the balance in such fund at the end of each month equal to the then estimated liability not covered by insurance,for all outstanding claims against the Company or the City,jointly or severally, arising out of the operation of the public transportation system,said Fund to be maintained until all estimated liability and claims protected thereby shall have been fully discharged. Section 10:The City shall maintain the current operating capital of$108,000 as an advance payment for current month expenses. Section 11: If this agreement is terminated or is not renewed with the Company, the City shall assume or make arrangement for the assumption of all then existing obligations or liabilities of the Company in connection with the provision of management services to the City's public transportation facility, the furnishing of personnel necessary for the City's operation of its public transportation system,and all other 6 undertakings by the Company hereunder unless such commitments,obligations,liabilities,and undertakings have not been incurred as provided in this agreement. Upon such termination,the Company and its parent corporation shall deliver to the City or its designee in Beaumont,Texas,all the records and other written data pertaining to the operation of the system maintained by the Company or the Company's parent corporation for the City under the terms of this agreement including, but not limited to, inventory records, vehicle maintenance records, accounting records, and personnel records pertaining to the Company's personnel; provided,however,that nothing in this paragraph shall require the Company to disclose information about its personnel in violation of any applicable law. Section 12: (a)Termination for Convenience (1) The City may terminate this agreement upon receipt of any notice that effectively terminates or denies operating assistance from the Federal Transit Administration (FTA) or other cognizant Federal agency. (2) Any termination under this paragraph shall be effected by delivery to the Company of a written notice of termination specifying the extent to which performance of work under the contract is terminated,and the date upon which such termination becomes effective. (b)Termination for Default (1) In the event that review of the Company's performance shows nonconformance to the work required by this agreement,the Scope of Services or other terms or conditions contained herein as a result of the Company's errors,omissions or negligent acts,Company shall be in breach of this agreement and the City may take corrective action as they deem necessary including, but not limited to, termination, withholding, or reduction of payment. In the event that the City fails to comply with the terms of this agreement,the Company shall have the right to terminate this agreement. (2) A termination under this paragraph shall be effected by delivery to the defaulting party or parties of a written notice of termination stating the reason(s)therefore thirty(30)days prior to the effective date of the termination. The party or parties receiving notice shall thereafter have ten (10) days to provide an explanation or justification, and/or shall undertake any reasonable remedial action required by the noticing party. If,in the opinion of the noticing party,the other party or parties remain in violation of this agreement at the completion of the ten (10) day period, the agreement shall be terminated as provided in the notice of termination whereupon all obligations of the noticing party to the other party shall cease. (c)Payment Upon Termination In the event the contract is terminated prior to completion of the services by Company, Company shall be paid for services performed to the date of termination. In no event will the amount due Company in the event of termination exceed that amount set forth in or agreed upon pursuant to Section 9 of this agreement. 7 Section 13:It is mutually agreed that the Company is an independent contractor and its employees are neither employees nor agents of the City. As such, employees of the Company shall not be entitled to any employment benefits of the City, such as,but not limited to,vacation,sick leave,insurance,worker's compensation,or pension and retirement benefits. Section 14: It is agreed that the City's failure to insist upon the strict performance of any provision of this agreement,or to exercise any right based upon a breach thereof,or the acceptance of any performance during such breach shall not constitute a waiver of any rights under this agreement. Section 15:The work to be performed under this agreement is on a project assisted under a program providing direct Federal financial assistance from the United States Department of Transportation and is subject to the requirements of the Urban Mass Transportation Act of 1964,as amended,49 U.S.C.Lt. seq. This agreement shall be subject to any and all terms and conditions of any and all applicable underlying grants or agreements by which the City receives funding from the United States of America,State of Texas, or any agencies of subdivisions thereof to finance in part or in whole this agreement. This agreement shall be subject to all amendments, changes or other modifications to said grants, agreements, or laws and regulations under which they are promulgated that may occur during the terms of this agreement or any subsequent extensions of it. The parties to this agreement further certify and agree that they are under no contractual or other disability which would prevent them from complying with these requirements. Section 16:The Company agrees that it shall not discriminate against any employee or applicant for employment or otherwise illegally deny any person participation in or the benefit of any program or activity which is the subject of this agreement because of race,color,sex,religion,national origin or disability. To the extent applicable,the Company will comply with all provisions of Executive Order No. 11246 of the Civil Rights Act of 1964,(P.L.88-352),the Equal Employment Opportunity of 1972,(P.L.92-261),Section 1615 of the Urban Mass Transportation Act of 1964,as amended and all other applicable Federal,state and local laws,ordinances,rules,regulations,orders,instructions,designations and other directives promulgated to prohibit discrimination. Violation of this provision (after notice) shall be a material breach of this agreement and may result in a termination or suspension of this agreement in whole or in part,at the option of the City. Section 17: No member of or Delegate to Congress of the United States, and no resident commissioner, shall be admitted to any share or part of this agreement or to any benefit to arise from the same. r Section 18: No member, officer or employee of the City, who exercises any functions or responsibilities with respect to the program during his tenure or for one year thereafter, shall have any interest direct or indirect,in any contract or subcontract,or the proceeds thereof,for work to be performed in connection with this agreement. The Company shall incorporate, in all contracts or subcontracts in connection with this agreement,a provision prohibiting such interest in accordance with this Section. Section 19: All financial records, supporting documents, statistical records and all other records pertinent to this contract shall be retained for a period of three years after the expiration thereof. However, if any litigation,claim or audit is started before the expiration of the three year period,the records in question shall be retained until all litigation,claims or audit findings involving the records have been resolved. 8 The Secretary of Transportation,the City Manager of the City of Beaumont,and any of their duly authorized representatives shall have access during normal business hours to any pertinent books,documents, papers,and records of the Company to make audits,examinations,excerpts,and transcripts. Section 20: The City desires that Minority Business Enterprises have the maximum opportunity to participate in the performance of this contract and will: (a) Promote affirmatively (where feasible in accordance with all applicable laws, statutes and constitutional provisions)the procurement of goods, services, and supplies from minority owned business enterprises. (b) Insure that competitive and equitable bidding opportunities are followed to afford minority business enterprises participation. Strive to obtain contract and subcontract awards to minority business enterprises. (c) Identify and communicate to the minority business enterprises community procedures and contract requirements necessary for procurement of goods, services and supplies for projects and subcontracts. (d)Provide technical assistance as needed. The Company shall insure that minority business enterprises have the maximum opportunity to compete for and perform portions of the work included in this contract and shall not discriminate on the basis of race,color,national origin,sex,or disability. The Company shall include this special provision,Minority Business Enterprises(MBE),in all subcontracts for this contract. Failure on the part of the Company to carry out the requirements set forth in this special provision may constitute a breach of contract and after proper notification may result in termination of the contract or other appropriate remedy. A minority business enterprise is defined as a business,with at least fifty(50%)percent owned and controlled by minority group members. The minority ownership must exercise actual day-today management. Minority group members may consist of Black Americans(an individual of the Black race of African origin),Hispanic Americans(an individual of Spanish speaking culture,origin or parentage traceable to the areas of the Far East,Southeast Asia,the Indian subcontinent and the Pacific Islands,Indian American (an individual who is an enrolled member of a Federally recognized Indian tribe,or recognized by the tribe as being an Indian, as evidenced by a certification of tribal leader), American Aleuts or any recognized minority group approved by the City. A Woman Business Enterprise is a business with at least fifty(50%)percent owned and controlled by women who exercise actual day-to-day management. The Company shall exercise all necessary and reasonable steps to insure that Minority Business Enterprises and Women Business Enterprises participate in the work required in this contract. The Company agrees by executing this contract that it will exercise all necessary and reasonable steps to insure that this special provision contained herein on Minority Business Enterprise is complied with. 9 Section 21: This agreement is governmental in nature and for the benefit of the public and is not intended to be for private profit or gain. Any fees charged hereunder are intended to reflect as closely as possible the City's actual cost and neither party intends to waive its sovereign immunity by reason of this agreement. Section 22:This agreement shall extend to and be binding upon the successors,heirs and assigns of the parties hereto,provided that the Company shall not assign or transfer its rights or obligations hereunder without the prior written consent of the City, and provided further that no person, firm or corporation contracting with the Company,and no sub-contractor, shall be subrogated to any of the Company's rights hereunder nor shall any of said parties be deemed to be a third party beneficiary hereunder. The City shall and may exercise all powers and authority granted it under this Agreement without liability on its part to the Company. As used hereunder the singular shall include the plural and the use of one gender all genders,as the context requires. Section 23: This agreement constitutes the entire understanding of the parties. Section 24: The parties will make and execute all further instruments and documents required to carry out the purpose and intent of the agreement. Section 5:All of the terms and conditions contained herein shall be interpreted in accordance with the laws of the State of Texas. In the event of a conflict between the various terms and conditions contained herein or between these terms and other applicable provisions,then the more particular shall prevail over the general and the more stringent or higher standard shall prevail over the less stringent or lower standard. Section 26: If any section, subsection, paragraph, sentence, clause, phrase or portion of this agreement is for any reason held invalid,unlawful or unconstitutional by any court of competent jurisdiction, such portion shall be deemed severable and such holding shall not affect the validity of the remaining portions hereof. Section 27: All notices hereunder and communications with respect to this contract shall be effective upon the mailing thereof by Registered or Certified Mail, return receipt requested, postage prepaid, and addressed as follows: A. If to Beaumont Transit Company: Beaumont Transit Company 3545 West Beaver Street Jacksonville,Florida 32254 B. If to the City: City Manager City of Beaumont P.O. Box 3827 Beaumont,TX 77704 10 Section 28:This agreement shall not be modified or otherwise amended except in writing signed by the parties. IN WITNESS WHEREOF,the parties hereto have executed this contract and agreement on the day of ,A.D.20 ,as of the date and year aforesaid. BEAUMONT TRANSIT COMPANY CITY OF BEAUMONT By By President City Manager ATTEST: ATTEST: Secretary City Clerk GAFORMSMansit Agreementwpd 11 8 December 6,2011 Consider approving a resolution accepting the Downtown Brick Paved Sidewalks and Drainage Improvements Project, approving Change Order No. 5 and authorizing the final payment RI0H WITH OPPOSTURITY BEAU'NO' T • S • a • A • B City Council Agenda Item TO: City Council FROM: Kyle Hayes,City Manager QO. PREPARED BY: Patrick Donart,Public Works Director MEETING DATE: December 6,2011 REQUESTED ACTION: Council consider a resolution accepting the Downtown Brick Paved Sidewalks and Drainage Improvements Project, approving Change Order No. 5 and authorizing the final payment. RECOMMENDATION Administration recommends approval. BACKGROUND On Noveln a 4,2008,City Council awarded Brystar Contracting,Inc.the contract for the Downtown Brick Paved Sidewalk and Drainage Improvements Project in the amount of $8,595,437.53. The project improvements included the following areas: Park from Crockett to College,Neches from Liberty to College,North Pearl firm Caller to North Street,College from Neches to Pearl,Wall from Neches to Orleans,Forsythe from Neches to Pearl,Fannin from Neches to Orleans,Bowie from Neches to Pearl,Liberty from Magnolia to Pearl,and Broadway from Magnolia to Pearl. Cie Order No. 5 in the amount of$62,461 is required to adjust quantities actually used during the perftsrmance of the project.A final payment will be made to the contractor in the amount of $508,264.13. The MBE participation for this project has been met by subcontracting portions of the project to Crabtree Barricade Systems in the amount of$78,439,Kellyston Pavers in the amount of $705,483.82,Wholesale Electric in the amount of$1,068,264.12 and L.D. Construction in the amount of$686,899.50 totaling$2,539,086.44,which represents 26.1%of the contract. (copy of Schedule C attached) BUDGETARY IMPACT Funds are available through the Capital Program. CITY OF BEAUMONT DATE: November 15,2011 PROJECT: Downtown Brick Paved Sidewalks and Drainage Improvements OWNER: City of Beaumont CONTRACTOR: Brystar Contracting,Inc. CHANGE ORDER NO. 5 &Final Adjusting the estimated quantities to match final quantities used during the performance of the project. ORIGINAL CONTRACT AMOUNT: $8,595,437.53 NET FROM CHANGE ORDER NO. 1,2,3,4 $9,722,821.83 TOTAL AMOUNT OF THIS CHANGE ORDER: $ 62,641.00 PERCENT OF THIS CHANGE ORDER: $ 0.72% TOTAL PERCENT CHANGE TO DATE: $ 13.83% NEW CONTRACT AMOUNT: $9,785,282.83 ACCEPTED BY: CONTRACTOR APPROVED BY: HASSAN SHOMALZADEH,CHIEF ENGINEER PATRICK DONART,PUBLIC WORKS DIRECTOR KYLE HAYES,CITY MANAGER ATTESTED BY: TINA BROUSSARD,CITY CLERK FROM (THU)NOV 17 2011 10:00/37. 9:68ZHo.8308186888 P 2 VtVS r,4' CONTRACTOR'S AFFIDAVIT OF RELEASE OF LIENS CONrRACrING, INC. 8385 Chemical Road•Beaumont,Texas 77705•(409)842-6768 Downtown Improvements-Brick Paved Sidewalks PROJECT: and Drainasae Improvements PROJECT NUMBER: OWNER: City of Beaumont CONTRACTOR: Brystar Contracting, Inc. 2008M ENGINEER: City of Beaumont The Contractor,in accordance with the Contract Documents,and in consideration for the fu#and final payment to the Contractor for al!services in connection with the project,does hereby waive and release any and alt liens,or any and all dams to liens which the Contractor may have on or affecting the project as a result of its contract(s)for the project or for Performing labor and/or fumishing materials in any way connected with the construction of any aspect of the Project. The Contractor further certifies and warrants that all subcontractors of labor and/or materials for the Project, except as listed below, have been paid in full for all labor and/or materials supplied to, for, through or at the director indirect request of the Contractor prior to, through and including the date of this affidavit. EXCEPTIONS: None CONTRACTOR n Inc. .--------- BY B i ft o TITLE Ice President hat Subscribed and s to before me this�4 day of_N oV tmb ea- , 20_. Notary Public: MY Commission Expires: !o -D ig -)Lot 3 FROM <TNU)NOV 17 2011 10:00/ST. 9:69/No.8309186888 V 3 "Y' S"�'"" CONTRACTOR'S AFFIDAVIT OF 4p PAYMENT OF DEBTS AND CLAIMS CONTRACT ING, INC 8385 Chemical Road•Beaumont,Texas 77705 (409)842-6768 Downtown Improvements—Brick Paved Sidewalks PROJECT: and Drainaoe Improvements PROJECT NUMBER: OWNER: City of Beaumont CONTRACTOR: Bnlstar Contracting, Inc. 2008265 ENt3MER: City of Beaumont The Contractor, in accordance with the Contract Documents, hereby certifies that, except as listed below, all obligations for all materials and equipment furnished, for all work labor, and services performed, and for all known indebtedness and claims against the Contractor for damages affting in any manner In connection with the performance of the Contract referenced above for which the Owner or his property might in any way be held responsitle have been paid in full or have otherwise been satisfied in full. EXCEPTIONS: None CONTRACTOR ractina. Inc. r BY Brent Sim ns , Woawe.r�e, TITLE Vice President Subscribed and sworn to before me this_4 day of_Al O V e mb e r , 20_LL. Notary Public: It MY Commission Expires: '" 0 - 13 a ' a a - • CITY OF BEAUMONT SCHEDULE OF MBE PARTICIPATION (SCHEDULE C) i DateofReport 11NOV2011 a Department Project No. w Location Brick Pavers F arvstar Contractin8.Inc. Total Contract Amount $9,561,973.06 Name of Prime Contractor/Proposer _TXPE OF WORK(TzUEC'PItICAi,PAVING ETC) °NAME OF MFPtORITY 1 TS IS l?R RARTS RFOF' AGILE D srs' ..CONTRACTOR - •ADDRESS _. Tt)$EPERFDRMED Y ' " PRICE r Crabtree Barricade Systems PO Box 20195 BMT TX 77720 Barricades Signs,Traffic Handling $78,439-00 Kellystone Pavers PO Box 1237,Elgin,TX 78621 Concrete Pavers $705,483.82 Wholesale Electric 4790 Cardinal Dr BMT TX 77705 Electrical S ier $1,069,264.12 LD Construction 148 S.Dowlen#694 BMT TX 77707 Asphalt Sub $686,899.50 The undersigned will enter into a formal agreement with MBE Contractors for work listed in this schedule conditioned upon execution of a contract with the City of Beaumont. L�- aNOTE: 1. Any business listed above must have Schedule A on file with the City. �3q� , 2. Schedule C is to be included with bid,and resubmitted at 50'/o and 100%of project completion. Sm taro T%I _ Title s Q 34 RESOLUTION NO. WHEREAS, on November 4, 2008,the City Council of the City of Beaumont, Texas, passed Resolution No. 08-297 awarding a contract in the amount of $8,595,437.53 to Brystar Contracting, of Beaumont, Texas, for the Downtown Brick Paved Sidewalks and Drainage Improvements Project (Park from Crockett to College, Neches from Liberty to College, North Pearl from Calder to North Street, College from Neches to Pearl, Wall from Neches to Orleans, Forsythe from Neches to Pearl, Fannin from Neches to Orleans, Bowie from Neches to Pearl, Liberty from Magnolia to Pearl, and Broadway from Magnolia to Pearl); and, WHEREAS, on May 5,2009,the City Council of the City of Beaumont,Texas passed Resolution No. 09-126 for Change Order No. 1 in the amount of $337,559.00, thereby increasing the contract amount to $8,932,996.53; and, WHEREAS, on July 13, 2010, the City Council of the City of Beaumont, Texas passed Resolution No. 10-182 for Change Order No. 2 in the amount of $371,755.55, thereby increasing the contract amount to $9,304,752.08; and, WHEREAS, on August 10, 2010, the City Council of the City of Beaumont, Texas passed Resolution No. 10-208 for Change Order No. 3 in the amount of $95,340.00, thereby increasing the contract amount to $9,400,092.08; and, WHEREAS, on December 14,2010,the City Council of the City of Beaumont,Texas passed Resolution No. 10-323 for Change Order No. 4 in the amount of $322,729.75, thereby increasing the contract amount to $9,722,821.83; and, WHEREAS, Change Order No. 5 in the amount of $62,461 is required to adjust quantities actually used during the performance of the project, thereby increasing the contract to $9,785,282.83; and, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and THAT the City Manager be and he is hereby authorized to execute Change Order No. 5 for additional work described above, thereby increasing the contract amount by $62,461, for a total contract amount of$9,785,282.83; and, BE IT FURTHER RESOLVED that the City Manager is hereby authorized to make final payment in the amount of$508,264.13 to Brystar Contracting, Inc., for the Downtown Brick Paved Sidewalks and Drainage Improvements Project(Park from Crockett to College, Neches from Liberty to College, North Pearl from Calder to North Street, College from Neches to Pearl,Wall from Neches to Orleans, Forsythe from Neches to Pearl, Fannin from Neches to Orleans, Bowie from Neches to Pearl, Liberty from Magnolia to Pearl, and Broadway from Magnolia to Pearl). PASSED BY THE CITY COUNCIL of the City of Beaumont this the 6th day of December, 2011. - Mayor Becky Ames - 9 December 6,2011 Consider authorizing the use of eminent domain proceedings to condemn properties for the Concord Road Pavement Widening Project located at 5170 Concord,4495 Treadway, 5850 Eastex Freeway and 5852-5896 Eastex Freeway RICH WITH OPPORTUNITY BEAU,MON* T • E • X • A • S City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager 'D PREPARED BY: Patrick Donart, Public Works Director MEETING DATE: December 6,2011 REQUESTED ACTION: Council consider a resolution authorizing eminent domain proceedings to acquire properties for the Concord Road Pavement Widening Project. RECOMMENDATION As part of the Concord Road Pavement Widening Project,approximately sixty-two(62)parcels of land from East Lucas to Highway 105 needed to be acquired. The property owners listed below have refused to accept the appraised value for their property. All properties were re- appraised by Bishop Real Estate Appraisers with no changes to the value: 1) 0.0259 acre out of Lot 27, Block 3, French Heights Addition Address: 5170 Concord(Parcel 13) Owner: Paula K. Doyle Appraised Value: $4,995.00 2) 0.1773 acre situated in F. Bigner Survey,Abstract No. 1 Address: 4495 Treadway(Parcel 35) Owner: Kevin James Wilson Appraised Value: $11,000.00 3) 0.1467 acre situated in F. Bigner Survey,Abstract No. 1 Address: 5850 Eastex Freeway(Parcel 42) Owner: Target Appraised Value: $57,000.00 4) 0.2385 acre situated in F. Bigner Survey, Abstract No. 1 Address: 5852 - 5896 Eastex Freeway(Parcel 47) Owner: Eastex Ventures#6050 Appraised Value: $123,100.00 BACKGROUND Senate Bill 18 (SB 18)was passed into law during the Texas 82"d Regular Legislative Session and became effective September 01, 2011. SB 18 amends Texas law with the stated purpose of making the eminent domain process fairer for property owners. It is necessary for the City of Beaumont to amend Resolution No. 11-173 approved on June 21, 2011 and Resolution No. I I- 205 passed on July 26,2011 to comply with Senate Bill 18 as it relates to revisions of the Texas Property Code. In order to initiate the acquisition of this property by eminent domain,the City Council must authorize the acquisition at a public meeting by record vote. The motion authorizing the condemnation proceeding should be made similar to the following: "I move that the City Council for the City of Beaumont authorize the use of the power of eminent domain to acquire property located at 5170 Concord,4495 Treadway,5850 Eastex Freeway and 5852 -58%Eastex Freeway for the public purpose of locating,constructing, widening and maintaining Concord Road in Beaumont,Texas." As part of the Concord Road Pavement Widening Project,these four(4)parcels need to be acquired. BUDGETARY IMPACT Funds are available in the Capital Program. RESOLUTION NO. WHEREAS, the City Council of the City of Beaumont deems it necessary that the properties described below be acquired for the Concord Road Pavement Widening Project; and, WHEREAS, the City Council has found that a public necessity exists requiring the hereinafter described properties: 0.0259 acre out of Lot 27, Block 3, French Heights Addition Address: 5170 Concord Parcel No.: #13 Appraised Value: $4,995.00 Owner: Paula K. Doyle 0.1773 acre situated in F. Bigner Survey, Abstract No. 1 Address: 4495 Treadway Parcel No.: #35 Appraised Value $11,000.00 Owner: Kevin James Wilson 0.1467 acre situated in F. Bigner Survey, Abstract No. 1 Address: 5850 Eastex Freeway Parcel No.: #42 Appraised Value: $57,000.00 Owner: Target 0.2385 acre situated in F. Bigner Survey, Abstract No. 1 Address: 5852-5896 Eastex Freeway Parcel No.: #47 Appraised Value: $123,100.00 Owner: Eastex Ventures #6050 and, WHEREAS,the City Council deems it necessary to acquire the hereinafter described interests in and to the above described properties for the Concord Road Pavement Widening Project and has found and determined that said interests in and to the above described land is suited for such uses and that it is necessary to acquire same for said uses by the use of the power of Eminent Domain; and, WHEREAS, the City of Beaumont, through its duly authorized representatives, has negotiated in good faith with the owners of the hereinafter above described land and has been unable to agree with the owners of such property as to the fair market value thereof and damages, if any, and further negotiations for settlement have become futile and impossible; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT the City Attorney be and he is hereby authorized and directed to file or cause to be filed against all owners of the above described parcels of land, and all claimants of any interest therein, proceedings in Eminent Domain to acquire fee simple title in and to the said parcels of land shown in Exhibit "A," attached hereto and made a part hereof, the parcels of land being situated in Beaumont, Jefferson County, Texas for the public use of locating, constructing, widening and maintaining Concord Road, a street in Beaumont, Jefferson County, Texas. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 6th day of December, 2011. - Mayor Becky Ames - April 2009 Parcel 13 Page 1 of 4 EXHIBIT— County: Jefferson Highway: Concord Road Project Limits: East Lucas to US 96, 69, 287 PROPERTY DESCRIPTION FOR PARCEL 13 Being a 0.0259 acre (1,130 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 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, said 0.0259 acre (1,130 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°3712" 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 comer in the proposed Northeasterly right-of-way line of Concord Road, said point being in the Southeasterly line of the said 0.919 acre Medina tract and in the Northwesterly line of 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; THENCE, SOUTH 54°30'26" 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 comer 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 Simmons tract and in the Northwesterly line of the said Nelson et al tract; EXHIBIT "A" April 2009 Parcel 13 Page 2 of 4 EXHIBIT— 1) THENCE, SOUTH 54°30'26" EAST continuing along the proposed Northeasterly right-of-way line of Concord Road for a distance of 113.91 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 Nelson et al tract and in the Northwest line of that certain tract of land being identified as Tract One having been conveyed to L H & P Ltd. from Theco Ltd. by deed dated March 19, 2003 recorded under Clerk's File No. 2003010133 of the Real Property Records of Jefferson County, Texas; 2) THENCE, SOUTH 35°31'05" WEST, along Southeast line of the said Nelson et al tract and the Northwest line of said L H & P tract for a distance of 9.86 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 Nelson et al tract and the most Westerly corner of the said L H & P tract, and from said point a 112" iron pipe found bears NORTH 35 031'05" EAST a distance of 0.34 feet; 3) THENCE, NORTH 54 033'44" WEST, along the existing Northeast right-of-way line of Concord Road for a distance of 113.90 feet to a point for comer, said point being the most Westerly comer of the said Nelson et al tract and said point being the most Southerly corner of the said Simmons tract, and from said point a 1/2" iron rod found in concrete bears NORTH 35 029'48" EAST a distance of 0.46 feet; 4) THENCE, NORTH 35 029'48" EAST, along the Southeasterly line of the said Simmons tract and along the Northwest line of the said Nelson et al tract for a distance of 9.97 feet to the POINT OF BEGINNING and containing 0.0259 acre (1,130 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'1 DAY OF APRIL 2009. OF C,) ° .�' _ ........... Mark W. Whiteley, RPLS #3636 • The City hereby adopts the Juvenile Case Manager Code of Ethics, attached hereto as Exhibit "A," as the ethical standard to which the City's juvenile case managers shall be held. • The City hereby adopts the Educational Pre-service and In-service Training Standards, attached hereto as Exhibit"B,"as the appropriate educational standards for its juvenile case managers. • The City hereby requires that its juvenile case managers receive training in the role of the juvenile case manager, case planning and management, applicable procedural and substantive law, courtroom proceedings and presentation, services to at-risk youth, local programs for juveniles, and the detection and prevention of abuse, exploitation, and neglect of juveniles, as set forth in Exhibit "C." • The City hereby directs that the rules adopted herein be implemented by the appropriate personnel. • The City hereby requires annual review of its juvenile case managers to ensure implementation of the rules adopted herein. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 6th day of December, 2011. - Mayor Becky Ames - ATTEST: CITY SECRETARY CODE OF ETHICS FOR JUVENILE CASE MANAGERS PREAMBLE The goal of the juvenile case manager is to assist the Court in administering the Court's juvenile docket and in supervising its court orders in juvenile cases. The mission of the juvenile case manager is to assist judges in providing juveniles resources to shape their futures, connect with the community, and become law abiding citizens.When applying this Code of Ethics, keep foremost in mind that the City is guided at all times by the values of integrity, excellence,compassion,and respect for the dignity of every person. STANDARDS Confidentiality. A juvenile case manager shall not disclose to any unauthorized person any confidential information acquired in the course of employment. A juvenile case manager shall not violate the confidentiality of juvenile clients, unless it is to seek consultation services from within the case management program, school campus, or the juvenile threatened to harm himself,herself, or others, or to provide details of any criminal activity or enterprise. Conflicts of Interest. A juvenile case manager shall be alert to and avoid conflicts of interest that interfere with the exercise of professional discretion and impartial judgment. In order to maintain the community's trust in the judicial system, a juvenile case manager should avoid soliciting or accepting improper gifts, gratuities, or loans, and should avoid engaging in business relations that give rise to an appearance of impropriety. Competence. A juvenile case manager shall endeavor at all times to perform official duties properly and with courtesy and diligence. A juvenile case manager shall fulfill his or her duty and represent himself or herself only within the boundaries of their education, training, license, certification, consultation received, supervised experience,or other relevant professional experience. Respect for the Law. A juvenile case manager shall abide by all federal, state, county and municipal laws, guidelines, ordinances and rules. A juvenile case manager shall be familiar with the Texas Code of Judicial Conduct and the basic standards to which members of the judiciary are held. Abuse of Position. A juvenile case manager shall not use or attempt to use his or her official position to secure unwarranted privileges or exemptions for himself, herself, or any other person. A juvenile case manager shall always maintain an appropriate relationship with juveniles coming under the jurisdiction of the Court. A juvenile case manager shall discriminate against any person on the basis of age, sex, creed, sexual preference,disability,or national origin. ENFORCEMENT Any alleged violation applicable ethical standards shall be subject to investigation and discipline by the hiring entity's designated non judicial department or supervisor. EXHIBIT "A" Pre-Service and In-Service Recommendations Courts may use these guidelines when establishing educational training requirements for their staff. Recommendations for Applicants: Most Preferred: a four year degree in relevant social sciences field such as social work, psychology, sociology. Optional Preferred: a four year degree in any discipline and minimum two year experience as a case manager. Least recommended: a high school diploma/GED and five years relevant(or applicable) experience to be determined by the municipality. Recommendations for existing Juvenile Case Manager: Existing juvenile case managers that lack suggested areas of training should begin obtaining said requirements through the"in-service"section via a time frame to be determined by the municipality. EXHIBIT "B" Pre-Service and In-Service Requirements Definitions: Pre-Service Training refers to those skills,training, or certifications possessed at the time of hire or prior to the commencement of the juvenile case manager's full duties. In-Service Training refers to additional skills, training, or certification hours obtained after commencement of juvenile case manager's full duties. Pre-Service Training Requirements: (Minimum recommendation of 24 hours of the following prior to start case work) • The role of the juvenile case manager • Ethics • Juvenile law and introduction to court procedure • Fundamentals of case planning and management • Interagency collaboration • Risk assessment • Juvenile mental health • Child psychology • Report writing In-Service Training Requirements: (Minimum recommendation of 8 hours per year) • Mental health • Legal updates • Recognizing and reporting abuse and neglect • Substance abuse • Special topics • Juvenile gangs • Family violence • Bullying • Sex offenders • Juveniles with learning,psychological,and physical disabilities • Upgrades in documentation and technology How to be an expert witness EXHIBIT "C" RICH WITH OPPORTUNITY B a no z • E EAUMON*g A s City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager QQ. PREPARED BY: Patrick Donart, Public Works Director MEETING DATE: December 6, 2011 REQUESTED ACTION: Council consider authorizing the acceptance of a ten foot (10') wide Exclusive Water Line Easement. RECOMMENDATION The Administration recommends acceptance of a Water Line Easement located at 3705 East Lucas Drive for the new housing development for senior citizens. BACKGROUND Beaumont Housing Authority has agreed to convey a ten foot(10')wide Water Line Easement to the City of Beaumont to allow the construction of a 6"water line. The property is described as being a 0.3741 Acre Out of Block 2 of French Heights Subdivision located at 3705 East Lucas Drive. BUDGETARY IMPACT None. RESOLUTION NO. WHEREAS, the Beaumont Housing Authority has agreed to convey a ten (10) foot wide exclusive water line easement, said easement being as described in Exhibit "A„ and shown on Exhibit"B," attached hereto, to the City of Beaumont for the purpose of placing, constructing, operating, repairing, rebuilding, relocating and/or removing water lines and appurtenances to the construction of a facility located at 3705 East Lucas Drive; and, WHEREAS, the City Council has considered the purpose of said conveyance and is of the opinion that the acceptance of said conveyance is necessary and desirable and that same should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and THAT the easement conveyed by the Beaumont Housing Authority, as described in Exhibit "A" and shown on Exhibit "B," be and the same is hereby, in all things, accepted. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 6th day of December, 2011. - Mayor Becky Ames - Fiftz&Shiopman INC. Consulting Engineers and Land Surveyors Ronald D.Fittz,P.E.,R.P.L.S.(1948-1987) Donald R.King,P.E. Terry G.Shipman,P.E.,Chairman Walter J.Ksiazek,R.P.L.S. Billy J.Smith,Jr.,President EXHIBIT "A", PAGE 1 OF 3 CENTERLINE DESCRIPTION FOR A 10' WIDE EXCLUSIVE WATER LINE EASEMENT OUT OF BLOCK 2 OF FRENCH HEIGHTS SUBDIVISION OUT OF THE A. WILLIAMS SURVEY,ABSTRACT 385 JEFFRSON COUNTY, TEXAS NOVEMBER 2,2011 That certain centerline description for a 10'wide exclusive water line easement out of Block 2 of the French Heights Subdivision, a plat recorded in Volume 6, Page 61 of the Map Records of Jefferson County, Texas out of the A. Williams Survey, Abstract 385, Jefferson County, Texas, and being out of that called 7.703 acre tract conveyed to Housing Authority of the City of Beaumont as recorded in Volume 1385, Page 177 of the Deed Records of Jefferson County, Texas, said centerline being more particularly described by the following courses and distances; Note: Basis of Bearings is the southwesterly line of the said 7.703 acre tract having been called North 47°46'00"West 404.96 feet. COAfNENCING at a scribe mark in concrete found in the southeasterly right-of-way line of East Lucas Drive for the north corner of a tract conveyed to Beaumont, Texas Congregation of Jehovah's Witnesses, North Unit as recorded in Volume 1067, Page 575 of the Deed Records of Jefferson County, Texas and the west corner of the said 7.703 acre tract from which a W iron pipe found in the north line of Clara Baldwin Addition, a plat recorded in Volume 7, Page 116 of the Map Records of Jefferson County, Texas and the south comer of the said 7.703 acre tract bears South 47°46'00" East 403.90 feet (called South 47°46'00" East 404.96 feet); THENCE North 42 043'11" East along the said southeasterly right-of-way line of East Lucas Drive and the northwesterly line of the said 7.703 acre tract a distance of 245.54 feet (called North 42°15'00" East) to a point for the POINT OF BEGINNING of the said centerline of the 10'wide exclusive water line easement; THENCE along the said centerline with the following courses and distances: South 47 016'45" East a distance of 48.85 feet to an angle point; South 42 043'15"West a distance of 236.69 feet to an angle point; South 47 016'45" East, at a distance of 57.53 feet pass a point for the POINT OF BEGINNING of TAP A from which the POINT OF TERMINATION of said TAP A bears North Fittz g Shipman,Inc. Page 1 of 2 Project No. 10088Task 8 Plat& Description 1405 Cornerstone Court. Beaumont,Texas 77706 - (409)832-7238 - fax(409) 832-7303 Tx Board of Prof Engineers Firm No. 1160•Tx Board of Prof Land Surveyors Firm No. 100186 EXHIBIT "A" EXHIBIT "A", PAGE 2 OF 3 42 043'15" East a distance of 60.15 feet and continuing a total distance of 194.25 feet to an angle point; North 87°43'15" East a distance of 25.46 feet to an angle point; South 47°1645" East a distance of 115.66 feet to an angle point; North 87°43'15" East, at a distance of 66.88 feet pass a point for the POINT OF BEGINNING of TAP B from which the POINT OF TERMINATION of said TAP B bears North 02 016'45"West a distance of 13.91 feet and continuing a total distance of 73.32 feet to an angle point; North 42 043'15" East a distance of 421.37 feet to an angle point; North 47 016'45"West, at a distance of 7.98 feet pass a point for the POINT OF BEGINNING of TAP C from which the POINT OF TERMINATION of said TAP C bears North 42 043'15"East a distance of 10.00 feet and continuing a total distance of 127.08 feet to an angle point; North 02 016'45"West a distance of 27.94 feet to an angle point; North 47 016'45"West a distance of 104.59 feet to an angle point, North 81°40'18"West a distance of 9.59 feet to an angle point North 47°16'45"West, at a distance of 51.27 feet pass a point for the POINT OF BEGINNING of TAP D from which the POINT OF TERMINATION of said TAP D bears North 42 043'15"East a distance of 15.25 feet and continuing a total distance of 56.16 feet to an angle point, South 87 043'15"West a distance of 14.14 feet to an angle point; North 47 016'45"West a distance of 103.11 feet to a point in the said southeasterly right-of- way line of East Lucas Drive and the northwesterly line of the said 7.703 acre tract for the POINT OF TERMINATION of the said centerline of the 10'wide exclusive water line easement from which a capped iron rod found for the north corner of the said 7.703 acre tract bears north 42 043'11" East 160.70 feet (called North 42 015'00" East). This description is based on a survey and plat made by Fittz & Shipman, Inc. during 2011. OF l� Walter J. Ksi ek :���.• . �',� Registered Professio al Land S eyor No. 5321 * •� � �s. Q:/Projects/10088/Task 8 ' ALT>>l-R J. KSIAZif. 8{IftY� i Fittz Shipman,Inc. Page 2 of 2 Project No. 10088Task 8 Plat& Description EXHIBIT "A". PAGE 3 OF 3 \ \ 1 00 HEREBY CERTIFY, \CLARA BALDWIN ADDITION I DO HEREBY CERTIFY, TO THE BEST OF SURVEY KNOWLEDGE AND BELIEF, \\ \ VOL 7,PG. 116,M.R.J.C. THAT THIS O D ACCURATE PLAT VI A SDURIN g DESCRIPTION MADE LOT 13 ON THE GROUND UNDER MY SUPERVISION DURING 2011. / ,S•�i\ \\ LOT 14 WALTER J. KSIAZEK �l•Z��aOf Ty�.r r n L7 \ \\ REGISTERED PROFESSIONAL SURVEYOR . 5321 • T, '��.• L17 �s IL KsuzFe / rAP cl i �o' ExauvE T� `�6°e\\ 1 \ \ LOT 15 11119 WATER t.NdE EASEMENT NUMBER DIRECTION DISTANCE : J I 1 \ U S 47'1 48. 8'45" E 85 st •�' I I I I L S 2 42'4315 W 236.69 r �? I I toll I L3 S 47'16 45 E 194.25 § v°'�) I 1���111 IRON PIPE L4 N 87'4315 E A46 � �' (( L5 S 47'1645 E 115.66 L6 N 874315 E 73.32 I I HOUSING AUTHORITY OF THE L7 N 424315 E 421.37 01 I CITY OF BEAUMONT = H L8 N 471845 W 1'7.06 / J I I VOLUME 1385, PG. 177, D.R.J.C. i c L9 N 021645" W 27.84 ( 1 (CALLED 7.703 ACRES) I L10 N 471645 W 104.59 If L11 IN 81'4018 W 9.59 n'�a ro� �_ r - Li1 t N 4716 45 W 56.16 _ L13 S 87'4315 W 14.14 L14 N 47 RW W 103.11 TAP D l`i3 POINT OF TAP J av f- LI S N 424315 E 60.15 L18 11 TERINNAMON m L16 N 0216 45 W 13.91 (2 NIERLJNE L15 n L17 N 42'4315 E 10.00 I I 10' MADE EXCLUSIVE1 = L18 IN 42 43'15 E 15.25 I WATER LINE EASEMENT L2 J W FOUND CAPPED J ► rr——_—--—_—— COMMENCING IRON ROD L—————— ——__—20'BUILDING UNE —J ——————————— FOUNDND SCRIBE BE 160.70 MARK q4 CONCRETE 256.86 245.54 N 424311 E 665.10 p T (CALLED N 4215'00'E 665.10) L�OII' OF (PUBLIC R.O.W.) 3705 EAST LUCAS DRIVE 1o' VE In Ed as WATER LINE EASEMENT 10' MADE EXCLUSIVE WATER LINE EASEMENT SHEET"°' o0 3 I THE CROSSING 1405 CORNERSTONE COURT,BEAtIMONT, TEXAS 3705 EAST LUCAS DRIVE PROJECT NO.BEAUMONT TEXAS 0:\PROJECTS\10088 — The Crossing\Tosk S—Water Line Esmt\1008BToskS.dwg Nov 03, 2011 04:18pm (4101))632-7238 FAX(409)832-7303 10088 DA'1&11-2-11 TASK 8 J RICH WITH OPPORTUNITY ON BEAUMON* City COUnCH Agenda Item T • E 0 X • A • S TO: City Council FROM: Kyle Hayes, City Manager �O. PREPARED BY: Patrick Donart, Public Works Director MEETING DATE: December 6, 2011 REQUESTED ACTION: Council consider authorizing the acceptance of a twenty foot(20')wide Drainage Easement and a fifty foot(50') wide Drainage and Utility Easement. RECOMMENDATION The Administration recommends acceptance of two (2) Easements for the proposed West Chase Village Subdivision Section 10 located on Village Drive. BACKGROUND Bill Little,President of LITWOOD, Inc. has agreed to convey one twenty foot(20')wide Drainage Easement described as being a 0.0608 acre tract out of the H. Williams Survey, Abstract 56 and a fifty foot(50')wide Drainage and Utility Easement described as a 0.3052 acre tract out of the H. Williams Survey,Abstract 56 to the City of Beaumont to allow the construction of a storm sewer outfall pipe and the extension of a sanitary sewer line for future development. BUDGETARY IMPACT None. RESOLUTION NO. WHEREAS, LITWOOD, Inc. has agreed to convey a twenty(20)foot wide drainage line easement, as described in Exhibit"A" and shown on Exhibit"B," attached hereto, and a fifty (50) foot wide drainage and utility easement, as described in Exhibit"C"and shown on Exhibit "D,"attached hereto, to the City of Beaumont for the purpose of constructing a storm sewer outfall pipe and extension of a sanitary sewer line for future development of the proposed West Chase Village Subdivision Section 10 located on Village Drive; and, WHEREAS, the City Council has considered the purpose of said conveyances and is of the opinion that the acceptance of said conveyances are necessary and desirable and that same should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT the easements conveyed by LITWOOD, Inc., as described in Exhibits"A"and "C" and shown on Exhibits"B"and"D,"be and the same are hereby, in all things,accepted. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 6th day of December, 2011. - Mayor Becky Ames - A Fittz&3hip► an INC. Consulting Engineers and Land Surveyors Ronald D.Fittz,P.E.,R.P.L.S.(1948-1987) Donald R.King,P.E. Terry C.Shipman,P.E.,Chairman Walter j.Ksiazek,R.P.L.S. Billy J.Smith,Jr.,President EXHIBIT "A",PAGE 1 OF 3 FIELD NOTE DESCRIPTION OF A 0.0608 ACRE TRACT FOR A 20' WIDE DRAINAGE EASEMENT OUT OF THE H. WILLIAMS SURVEY,ABSTRACT 56 JEFFERSON COUNTY,TEXAS SEPTEMBER 27,2011 That certain 0.0608 acre tract for a 20'wide drainage easement out of the H. Williams Survey, Abstract 56, Jefferson County, Texas, being out of a called 10.64 acre tract conveyed to Litwood, Inc. as recorded in Clerks File No. 2010016837 of the Official Public Records of Jefferson County, Texas, said 0.0608 acre being more particularly described by metes and bounds as follows: NOTE. Bearings are based on the west line of a called 4.580 acre tract conveyed to Construction, Equity, Inc. as recorded in Clerks File No. 2011009231 of the Official Public Records of Jefferson County, Texas having been called North 02°59'26"West 688.22 feet. COAMENCING at a capped iron rod found in the south right-of-way line of Village Drive for an exterior comer of Westchase Village, Section Nine, a plat recorded in Clerks File No. 2006024843 of the Official Public Records of Jefferson County, Texas and an interior corner of 1.939 acre tract for the proposed Westchase Village, Section Ten, Phase 1 from which a capped iron rod found at the intersection of the said south right-of-way line of Village Drive and the east right-of-way line of Whisper Wind Drive bears South 87 004'15"West 38.23 feet (called South 87 004'15"West 38.32 feet); THENCE North 87 003'09" East along an extension of the said south right-of-way line of Village Drive, at a distance of 299.75 feet pass a '/Z" capped iron rod set for an exterior corner of the said 1.939 acre tract, and continuing a total distance of 433.58 feet to a point for corner; THENCE North 71035'51" East a distance of 96.80 feet to a point in a curve for the southwest corner of the said 0.0608 acre tract and the POINT OF BEGINNING; THENCE along the said curve to the left having a chord bearing of North 15 041'19"West, a chord distance of 20.50 feet and a radius of 50.00 feet, a distance along the curve of 20.65 feet to a point for the northwest corner of the said 0.0608 acre tract; THENCE North 87 001'44" East along the north line of the said 0.0608 acre tract a distance of 135.42 feet to a point in the west line of a called 4.579 acre tract conveyed to Jefferson County FITTZ&SHIPMAN,INC. Pagel of 2 Project No. 11035ESMT1 Plat&Description 1405 Cornerstone Court- Beaumont,Texas 77706 - (409) 832-7238-fax(409) 832-7303 Tx Board of Prof Engineers Firm No. 1160•Tx Board of Prof Land Surveyors Firm No. 100186 EXHIBIT "A" EXHIBIT"A". PAGE 2 OF 3 Drainage District No. 6 as recorded in Clerks File No. 2000044673 of the Official Public Records of Jefferson County, Texas for the northeast comer of the sais 0.0608 acre tract; THENCE South 02°58'18" East along the said west line of the 4.579 acre tract and the east line of the said 0.0608 acre tract a distance of 20.00 feet to a point for the southeast comer of the said 0.0608 acre tract; THENCE South 87 001'44"West along the south line of the said 0.0608 acre tract a distance of 130.90 feet to the POINT OF BEGINNING and containing 0.0608 acres of land, more or less. This Field Note Description is based on a survey performed by Fittz & Shipman, Inc. during 2010 and 2011. Walter J. Ksiazek (WALTER k S 0 S�r Registered Professional Land Su eyor No.5321 �G' p J. KWA,ZFI so sa:; S81 St1t�VE"� FITTZ&SHIPMAN,INC. Page 2 of 2 Project No. 11035ESMT1 Plat&Description EXHIBIT "A", PAGE 3 OF 3 SURVEYOR'S CERTIFICATION: FOUND I DO HEREBY CERTIFY, TO THE BEST OF MY KNOWLEDGE AND BELIEF, CAPPED N THAT THIS IS AN ACCURATE PLAT OF A SURVEY & DESCRIPTION MADE O qC IRON ROD ON THE GROUND UNDER MY SUPERVISION DURING 2010 AND 2011. � pp N 3 C4 NOW OR FORMERLY N N m CONSTRUCTION EQUITY, INC. 0 30 0 o CLERKS FILE N0. 2017009231 O.P.R.J.C. 0{_ (CALLED 4.580 ACRES) Y> WALTER J. KSIAZEK m W o REGISTERED PROFESSIONAL D SURVE R NO. 5321 ;j A L (CALLED S 87'08'03°E 40.46) a S 87'08'03" E 40.46��Z { �t -r` 15.16 ':QtiGiS�Fds' t B L 0 C K 9 * • ' W WALTEli 0 a CAPPED FOUND J. KSIAZEI CAPPED Q W d IRON ROD IRON ROD Sul Yc Z my 7 PROPOSED 8 REMAINDER OF `��e�bliV LLJ e' 1O� e WESTCHASE VILLAGE, LITWOOD, INC. V 00 N C) g ; SECTION TEN CLERKS FILE NO. 2010015837 O.P.R.J.C. Q z c# PHASE I (CALLED 10.64 ACRES) M 1.939 ACRES I— N 0-c" ti z In W w � 25 BUILDING LINE SLAPPED " E U a; 01 1 Z 10 UTILITY EASEMENT - - N , 56 9 O O n W ——————---�——————_ IRON ROD _ _N_87'03'09" E 152.50 _ \ W z __N 87'01_44" E 135.42 COMMENCING — — �O 20' DRAINAGE EASEMENT z 8 m FOUND POINT VILLAGE DRIVE 50' DRAINAGE & UTILITY EASEMENT N 0.0608 ACRE o Q N e + FWND N 02'56'51" W __________ CAPPED CAPPED SET 172' 0.3052 ACRE _ N ° m IRON ROD IRON ROD CAPPED 50.00 /80 S 8701'44" W 130.90 O i IRON ROD " E, 9 N Q W < I N 87'03'09" E 299.75 S 8703'09" W 133.83 — ;355 6 �d° - -- -- -- - - �N � POINT OF o X A =____ =10' UTIUTV EASEMENT ——---= N 87*03'09" E 433.58 \ G�� BEGINNING uJ 25'BUILDING LINE REMAINDER OF —— /'� 87'04'15" W 38.23 ENO.LITWOOD, 2010 INC. NUMBER DELTA RADIUS ARC CHORD CHORD BEARING (CALLED S 8704'15' W 38.23) PROPOSED CLERKS FILE N0. 2010016837 O.P.R.J.C. WESTCHASE VILLAGE, (CALLED 10.64 ACRES) 1C1 20231'54` 50.00 1175.74 19&07 IS 45-4r12- W SECTION TEN JC2 12339'45' 50.00 120.65 L20.50 IN 15'41'19' W PHASE I 1 2 1.939 ACRES NO. a R1 an 20 DRAINAGE EASEMENT 3 B L 0 C K 13 � wC PROdiGT NAHL LITWOOD, INC. 1405 CORNERSTONE COURT,BEAUMONT,TEXAS WESTCHASE VILLAGE, SECTION 10 PROJECT NO. 0:\PROJECTS\11035 — West Chose Section 10\11035ESMTS.dwq Oct 11, 2011 10:24am (409)832-7238 FAX(409)632-7303 BEAUMONT, TEXAS 11035.0000 DA9'5:9-27-11 ESMTS ! r FioZ&Shipman INC. Consulting Engineers and Land Surveyors Ronald D.Fittz,P.E.,R.P.L.S.(1948-1987) Donald R.King,P.E. Terry G.Shipman,P.E.,Chairman Walter J.Ksiazek,R.P.L.S. Billy J.Smith,Jr.,President EXHIBIT"A",PAGE 1 OF 3 FIELD NOTE DESCRIPTION OF A 0.3052 ACRE TRACT FOR A 50' WIDE DRAINAGE & UTILITY EASEMENT OUT OF THE H. WILLIAMS SURVEY,ABSTRACT 56 JEFFERSON COUNTY,TEXAS SEPTEMBER 27,2011 That certain 0.3052 acre tract for a 50'wide drainage & utility easement out of the H. Williams Survey, Abstract 56, Jefferson County, Texas, being out of a called 10.64 acre tract conveyed to Litwood, Inc. as recorded in Clerks File No. 2010016837 of the Official Public Records of Jefferson County, Texas, said 0.3052 acre being more particularly described by metes and bounds as follows: NOTE. Bearings are based on the west line of a called 4.580 acre tract conveyed to Construction, Equity, Inc. as recorded in Clerks File No. 2011009231 of the Official Public Records of Jefferson County, Texas having been called North 02 059'26"West 688.22 feet. COMMENCING at a capped iron rod found in the south right-of-way line of Village Drive for an exterior comer of Westchase Village, Section Nine, a plat recorded in Clerks File No. 2006024843 of the Official Public Records of Jefferson County, Texas and an interior corner of 1.939 acre tract for the proposed Westchase Village, Section Ten, Phase 1 from which a capped iron rod found at the intersection of the said south right-of-way line of Village Drive and the east right-of-way line of Whisper Wind Drive bears South 87 004'15"West 38.23 feet (called South 87°04'15"West 38.32 feet); THENCE North 87°03'09" East along an extension of the said south right-of-way line of Village Drive a distance of 299.75 feet to a %" capped iron rod set for an exterior comer of the said 1.939 acre tract and the southwest comer of the said 0.3052 acre tract and the POINT OF BEGINNING; THENCE North 02°56'51"West along an east line of the said 1.939 acre tract and the west line of the said 0.3052 acre tract a distance of 50.00 feet to a W capped iron rod set for an exterior corner of the said 1.939 acre tract and the northwest corner of the said 0.3052 acre tract; THENCE North 87°03'09" East along a north line of the said 0.3052 acre tract a distance of 152.50 feet to an angle point; FITTZ&SHIPMAN,INC. Page 1 of 2 Project No. 11035ESMT1 Plat&Description 1405 Cornerstone Court- Beaumont,Texas 77706 - (409) 832-7238-fax(409) 832-7303 Tx Board of Prof Engineers Firm No. 1160•Tx Board of Prof Land Surveyors Firm No. 100186 EXHIBIT "C" e EXHIBIT"A", PAGE 2 OF 3 THENCE North 72 007'00" East along a north line of the said 0.3052 acre tract a distance of 56.97 feet to a point for the northeast corner of the said 0.3052 acre tract and the PC of a curve; THENCE along the said curve to the right having a chord bearing of South 45 047'12"West, a chord distance of 98.07 feet and a radius of 50.00 feet, a distance along the curve of 176.74 feet to a point for the PT of said curve; THENCE South 87 003'09°West along the south line of the said 0.3052 acre tract a distance of 133.83 feet to the POINT OF BEGINNING and containing 0.3052 acres of land, more or less. This Field Note Description is based on a survey performed by Fittz & Shipman, Inc. during 2010 and 2011. Walter J. Ksiazek Registered Professional Land rveyor No.5321 FITTZ&SHIPMAN,INC. Page 2 of 2 Project No. 11035ESMT1 Plat&Description EXHIBIT *Amy PAGE 3 OF 3 SURVEYOR'S CERTIFICATION: FOUND i DO HEREBY CERTIFY, TO THE BEST OF MY KNOWLEDGE AND BELIEF, N 8� CAPPED THAT THIS IS AN ACCURATE PLAT OF A SURVEY & DESCRIPTION MADE p(� IRON ROD ON THE GROUND UNDER MY SUPERVISION DURING 2010 AND 2011. u sD 3 N NOW OR FORMERLY ms CONSTRUCTION EQUITY, INC. z4 CLERKS FILE ED .580 4231 O.P.R.J.C. 0 0 Z (CALLED a.580 ACRES) a !n WAITER J. KSIAZEK m w o REGISTERED PROFESSIONAL D SURVE R NO. 5321 (CALLED S 87'08'03" E 40.46) a Z �,Of"`"'t S 87'08'03" E 40.46 �,.l e a�l� t 15.16 . �EC+IS*T£+p����+i +r . w B L O C K 9 WALTER a OUND CAPPED �• KSIA,ZEf CAPPED Q (y j d IRON ROD IRON RDO �"� 1 -�� �+ V _z m N 7 8 t••.; �;� z c PROPOSED REMAINDER OF LLJ WESTCHASE VILLAGE, < r ;� SECTION TEN CLERKS FILET NO.O201GO16837 O.P.R.J.C. ri_ ~ Z 23 1.939AACRES (CALLED 10.64 ACRES) U L.I..I N O C/) o N Ci (n Y 2 in i LLJ u w 0- ——— ——25 BUILDING LINE ——— SLAPPED X 00' E o ci a ---- ---�- ---- -- IRON ROD 0 — Q �Z 0 UTIUrY EASEMENT N 87'03'09" E 152.50 N ?56 9? \ w ww - - — — — — — — — — — — __N_87'01'44" E 135.42 u COMMENCING �0 20' DRAINAGE EASEMENT z 8 FOUND POINT ND VILLAGE DRIVE N 02'56'51" W 50' DRAINAGE & UTILITY EASEMENT N 0.0608 ACRE_ o a 8 d m CAPPED CAPPED SET 1/2" 0.3052 ACRE — `� o ° IRON ROD CAPPED 50.00 S 87'01'44" W 130.90 o O w = IRON ROD IRON ROD - E 96 g0 y �W Q X N 87'03'09" E 299.75 S 87'03'09" W 133.83 i35g1 p w < (JJ - -- - - -- - - ��N 11 / POINT OF UN —10 UTILITY EASEMENT —————— N 67'03'09" E 433.58 G / BEGINNING " A 25'BUILDING LINE —————— REMAINDER OF S 87'04'15" W 38.23 ENO. 2 10 INC. NUMBER DELTA RADIUS ARC CHORD 04ORD BEARING PROPOSED CLERKS FILE N0. 2010016837 O.P.R.J.C. (CALLED S 87'04'15•W 38.23) WESTCHASE VILLAGE, (CALLED 10.64 ACRES) lCl 20231'54' 130.00 1176.74 19&07 IS 454 12• W SECTION TEN IC2 23 39'45 50.00 120.65 120.50 IN 15'41'19 W PHASE I 1.939 ACRES 20 DRAINAGE EASEMENT 1 2 S � _�� �n SHEET N0. B L O C K 13 INC. Plomm NAIM UTWOOD, INC. 3 1405 CORNERSTONE COURT,BEAUMONT, TEXAS WESTCHASE VILLAGE, SECTION 10 PROJECT NO. 0:\PROJECTS\11035 - West Chase Section 10\11035ESMTS.dwg Oct 11. 2011 10:24om (409)832-7238 FAX(409)632-7303 BEAUMONT, TEXAS 11035.0000 D♦TB':9-27-11 ESMTS K RICH WITH OPPORTUNITY -UiN0-N.T1.W1 BEA TF*k. T • E 0 X • A • S City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Patrick Donart, Public Works Director MEETING DATE: December 6, 2011 REQUESTED ACTION: Council consider approving an amendment to an existing agreement with CenturyTel Fiber Company II, LLC for the additional placement of fiber optic cable in the public right-of-way. RECOMMENDATION The Administration recommends approval. BACKGROUND The majority of Network USA's cable routing within the city is located on the public right-of-way in the downtown area for a distance of 546 linear feet. The proposed Amendment will add 910 linear feet of fiber optic cable in the downtown area located on Fannin, Park and Pearl Streets. Previous actions include: Resolution 05-209 was passed by City Council on October 11, 2005. BUDGETARYIMPACT CenturyTel Fiber Company II, LLC will pay the City of Beaumont an application fee of$500, an inspection fee of$2,000 and$1.35 per foot for the additional 910 linear feet. AMENDMENT TO PUBLIC RIGHT-OF-WAY USE AGREEMENT STATE OF TEXAS § COUNTY OF JEFFERSON § WHEREAS, CenturyTel Fiber Company 11, LLC, "LightCore" entered into a Public Right- of-way Use Agreement with the City of Beaumont on October 24, 2005,for the installation of 546 linear feet of cable within the right-of-way of the City of Beaumont; and WHEREAS, LightCore is now requesting approval to install an additional 910 feet of fiber optic communications system along Pearl, Fannin and Park Streets; NOW,THEREFORE, LightCore and the City of Beaumont agree as follows: I. City of Beaumont, herein called "City,"for and in consideration of the receipt of the valuable consideration set out herein, agrees that LightCore may lay, maintain, operate, replace or remove 910 feet of fiber optic communications system within the City of Beaumont in accordance with the Public Right-OF-Way Use Agreement heretofore entered into on the 24th of October 2005. LightCore shall pay to the City the sum of One Thousand Two Hundred Twenty Eight dollars and Fifty Cents($1,228.50) per year for the installation of the 910 linear feet of system within the City of Beaumont right-of-way. II. The City and LightCore hereby ratify and agree that all other terms and conditions of the previously executed Public Right-Of-Way Use Agreement are in full force and effect. Page 1 IN WITNESS WHEREOF the City of Beaumont,Texas, has caused these presents to be signed by its City Manager and the seal of the City herewith affixed by the City Clerk this day of . 2011 EXECUTED by LightCore acting herein by and through its Senior Vice President on the 29 Day of November. 2011. CITY OF BEAUMONT By: Kyle Hayes City Manager Attest: City Clerk LIGHTCO By Name: Title- 7SV? Attest: '' —.` Page 2 EXHIBIT"A" CenturyTel Fiber Company H,LLC dba LightCore,A CenturyLink Company Fibear 'c��tion Total Linear Feet 910' Route: Intersection of Park Street and Fannin Street over to Fannin Street and pearl Street , } r• -AOr w w1 v r r J �.1•.max». �a Ji•...saw�...�����... a�1.il i.a. .,.��„y.J. `vi; � �t RESOLUTION NO. WHEREAS, on October 11, 2005, the City Council passed Resolution No. 05-209 authorizing the City Manager to execute an agreement with LightCore for the placement of 546 linear feet of fiber optic cable in the public rights-of-way of the 300 blocks of Pearl and Crockett Streets for an initial application fee of$5,000 and an annual fee of$737.10 ($1.35 per linear foot); and, WHEREAS, an amendment to the contract with CenturyTel Fiber Company 11, LLC, "LightCore" is required for the additional placement of 910 linear feet of fiber optic cable in the public rights-of-way of Fannin, Park and Pearl Streets; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and THAT the City Manager be and he is hereby authorized to execute an amendment to the contract with CenturyTel Fiber Company 11, LLC, "LightCore" for the additional placement of 910 linear feet of fiber optic cable in the public rights-of-way of Fannin, Park and Pearl Streets for an annual fee of$1,228.50, in addi,tion to all applicable application and inspection fees. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 6th day of December, 2011. - Mayor Becky Ames- L RICH WITH OPPORTUNITY B,-,EIAUN-01N* T • E • X • A • s City Council Agenda Item TO: City Council FROM: Kyle Hayes,City Manager PREPARED BY: Patrick Donart, Public Works Director MEETING DATE: December 6, 2011 REQUESTED ACTION: Council consider the adoption of a policy prohibiting the use of force by law enforcement. RECOMMENDATION Administration recommends approval. BACKGROUND As part of the Community Development Block Grant Disaster Recovery Grant,the City must adopt and enforce a policy prohibiting the use of force by law enforcement agencies within its jurisdiction against any individuals engaged in nonviolent civil rights demonstrations and agrees that it will enforce applicable State and local laws against physically barring entrance to or exit from a facility or location which is the subject of such nonviolent civil rights demonstrations within its jurisdiction. The adoption of this policy does not conflict with the City of Beaumont Police Department's policy as it relates to the use of force. BUDGETARYIMPACT Not Applicable. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Council hereby adopts a policy,as required by the Community Development Block Grant Disaster Recovery Grant, prohibiting the use of force by law enforcement agencies within its jurisdiction against any individuals engaged in nonviolent civil rights demonstrations and agrees that the City will enforce applicable State and local laws against physically barring entrance to or exit from a facility or location which is the subject of such nonviolent civil rights demonstrations within the jurisdiction of the City of Dumont. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 6th day of December, 2011. - Mayor Becky Ames - X A 9 REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS DECEMBER 6,2011 1:30 P.M. AGENDA CALL TO ORDER * Invocation Pledge Roll Call * Presentations and Recognition * Public Comment: Persons may speak on scheduled agenda items 4-9/Consent Agenda * Consent Agenda GENERAL BUSINESS 1. Consider a request for a zone change from RM-H(Residential Multiple Family Dwelling-Highest Density)District to NC(Neighborhood Commercial)District at 7102 Phelan 2. Consider a request for a zone change from RS(Residential Single Family Dwelling)District to RM-M(Residential Multiple Family Dwelling-Medium Density)District and a specific use permit to allow for the expansion of Nutrition and Services for Seniors,including office space, senior center, storage and parking in an RM-M(Residential Multiple Family Dwelling-Medium Density)District at 4520 Concord Road 3. Consider a request for a specific use permit to allow a drinking place in a GC-MD (General Commercial-Multiple Family Dwelling)District at 5010 College Street 4. Consider the abandonment of a 701.3' section of Jones Street running from the west right-of-way line of Wescalder 5. Consider amending the FY 2012 Budget to appropriate additional funds for a one- time payment for all full-time civilian employees 6. Consider authorizing the City Manager to amend the Neighborhood Stabilization Program contract with the Texas Department of Housing and Community Affairs to allow for an increased funding amount and to extend the contract deadline 7. Consider approving a contract for management of the Beaumont Municipal Transit System 8. Consider approving a resolution accepting the Downtown Brick Paved Sidewalks and Drainage Improvements Project, approving Change Order No. 5 and authorizing the final payment 9. Consider authorizing the use of eminent domain proceedings to condemn properties for the Concord Road Pavement Widening Project located at 5170 Concord,4495 Treadway, 5850 Eastex Freeway and 5852-5896 Eastex Freeway 10. Consider approving the purchase of five patrol vehicles for use by the Police Department PUBLIC HEARING * Receive comments on the City of Beaumont's Fair Housing Activity Statement- Texas (FHAST), authorizing the submission of a Community Development Block Grant application to the Texas General Land Office for Hurricane Ike,Round 2.2 funds related to four proposed projects 11. Consider approving the FHAST, authorizing the submission of a Community Development Block Grant application to the Texas General Land Office for Hurricane Ike,Round 2.2 funds and to authorize the City Manager to act as the City's Executive Officer in the Program 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: Vacation Carryover Grievance of F. Mark Craigen Entergy Texas, Inc. -Change in Rates Request 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 December 6,2011 Consider a request for a zone change from RM-H(Residential Multiple Family Dwelling-Highest Density) District to NC (Neighborhood Commercial)District at 7102 Phelan w RICH WITH OPPORTUNITY BEAUMDK* T • E • X • A • s City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager C�7 PREPARED BY: Chris Boone, Community Development Director MEETING DATE: December 6,2011 REQUESTED ACTION: Council consider a request for a zone change from RM-H (Residential Multiple Family Dwelling-Highest Density) District to NC (Neighborhood Commercial) District at 7102 Phelan. RECOMMENDATION The Administration recommends approval of the zone change. BACKGROUND Scott Gittinger has applied for a zone change. Mr. Gittinger states that the formerly existing dilapidated structure on the property has been demolished and the property cleared. He would like to construct an office building that would be occupied by a mortgage company and a beauty shop. Mr. Gittinger states that he has tried to purchase the property to the west and north but the title cannot be cleared for financing. Fifty feet east of the subject property is NC zoning. Approximately 110 feet west is a dentist office with a specific use permit in a RM-H District. Mr. Gittinger says that he has spoken with the property owner to the east and she hopes to eventually rezone her property to NC and build a day spa. The Comprehensive Plan designates the subject and surrounding properties as a Community Center. A Community Center is defined as a commercial district that includes shopping centers, high schools, office complexes and higher density residential development. At a Joint Public Hearing held November 21,2011,the Planning Commission recommended approval 8:0 of a zone change from RM-H (Residential Multiple Family Dwelling-Highest Density)District to NC (Neighborhood Commercial) District at 7102 Phelan. BUDGETARY IMPACT None.