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HomeMy WebLinkAboutPACKET MAY 15 2012 RTC■ !I!■ OPPORTUNITY T • E Z + A • 8 REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS MAY 159 2012 1:30 P.M. CONSENT AGENDA * Approval of minutes—May 8, 2012 * Confirmation of committee appointments Mercy Cook would fill the unexpired term of Davion Harris on the Library Commission. The term would commence May 15, 2012 and expire September 12,2013. (Councilmember Gethrel Williams-Wright) Martha Hicks would be reappointed to the Library Commission. The term would commence May 15, 2012 and expire March 1,2014. (Mayor Becky Ames) A) Approve the purchase of a tractor for use in the Parks and Property Services Division B) Approve the purchase of three tractors for use in the Parks&Recreation Department C) Authorize the City Manager to decrease the contract amount related to the Wastewater Treatment Plant Project D) Approve an exchange of properties adjacent to the Cattail Marsh and accept a payment of $34,000 related to the exchange RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT Mercy Cook is appointed to the Library Commission to fill the unexpired term of Davion Harris. The term will commence May 15, 2012 and expire September 12, 2013. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 15th day of May, 2012. - Mayor Becky Ames - RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the following reappointment be made: Rea B it FcQiration p of Term of Term Martha Hicks Library Commission 05/15/12 03/01/14 PASSED BY THE CITY COUNCIL of the City of Beaumont this the 15th day of March, 2012. - Mayor Becky Ames - A RICS WITH OPPORTUNITY B,'EA0,,, 0N,* T • N • X • A • 8 Clay Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Laura Clark, Chief Financial Officerbt) MEETING DATE: May 15, 2012 REQUESTED ACTION: Council consider a resolution approving the purchase of a tractor with a boom mower attachment from Lansdowne. Moody Co. L.P. of Houston in the amount of$106,307.96. BACKGROUND The tractor with boom mower is used to mow and maintain ditches. The unit to be replaced is a 1992 model. Age and condition cause the equipment to require frequent maintenance and repair, resulting in excessive down time. The old unit will be disposed of according to the City's surplus equipment disposal policy. Pricing was obtained through the Houston-Galveston Area Council(H-GAC), a cooperative purchasing association providing cities and political subdivisions with the means to purchase specialized equipment at volume pricing. H-GAC complies with State of Texas procurement statutes. Standard warranty is one(1)year for the boom mower and two(2)years for the tractor. Warranty service is available from the dealer. Delivery is expected within thirty(30)days. FUNDING SOURCE Capital Reserve. RECOMMENDATION Approval of the resolution. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Council hereby approves the purchase of a tractor with a boom mower attachment, from Lansdowne-Moody Co., L.P., of Houston, Texas, in the amount of $106,307.96 through the Houston-Galveston Area Council (H-GAC) Cooperative Purchasing Program. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 15th day of May, 2012. - Mayor Becky Ames - s RICH WITH OPPORTUNITY B AU T • Z • X • d • s City CooncH Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Laura Clark, Chief Financial Ofcer6� f MEETING DATE: May 15, 2012 REQUESTED ACIZON: Council consider a resolutim approving the purchase of three(3)tractors from the John Deere Company of Cary, North Carolina in the amount of$95,124.11 BACKGROUND Tractors are used by the Parks&Recreation Dent to mow, edge and otherwise neintain City right-of-ways, medians and ditches. The tractors to be replaced are nineteen(19)to twenty (20)years old. Age and condition have made them difficult to maintain due to scarcity of parts. The new tractors are more versatile and have enclosed cabs to make them usable in all weather Pricing for the equipment was obtained through BuyBoard, a cooperative purchasing association providing cities and political subdivisions with the means to purchase specialized equipment at vow pricing. BuyBoard complies with State of Tetras procu . Standard warranty is two(2)years or two thousand(2,000)service hours. Warranty service is available from the local John Deere dealer. Delivery is expected within sixty(60)to ninety(90) days. FUNDING SOURCE Capital Reserve. RECOMM "ATION Approval of the resolution. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Council hereby approves the purchase of three (3) tractors for use by the Parks&Recreation Department from John Deere Company,of Cary, North Carolina, in the amount of$95,124.11 through the BuyBoard Cooperative Purchasing Program. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 15th day of May, 2012. - Mayor Becky Ames - RICH WITS OPPORTUNITY BEA T • E • g • • • s City Council Agenda Item TO: City Council FROM: Kyle Hayes,City Manager PREPARED BY: Dr.Hani J. Tohme,P.E.,Water Utilities Director AA MEETING DATE: May 15,2012 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to decrease the Wastewater Treatment Plant Holding Pond Project and Dredging of Ponds 1 and 2 Project in the amount of$36,550.00. BACKGROUND The Wastewater Treatment Plant is designed to process 46 million gallons per day. During a 2.5" rain event,the Plant receives up to 170 million gallons per day. Pond No. 1 of the Wastewater Treatment Plant was originally designed and constructed as part of the Waste Treatment Plant Improvements Project of 1971. The conversion of this pond into a flow equalization basin will increase the treatment capacity of the plant by increasing the storage capacity of the pond by 70 million gallons. The cleaning of Ponds No. 2 and No. 3 will also increase their storage capacity and improve their functionality. The proposed changes to the contract include the approval of alternate materials related to the electrical components of the project. In particular,the use of PVC berms except where entering explosion proof areas,and the replacement of the reinforced concrete electrical pull boxes with fiber reinforced plastic vaults that meet Entergy's requirements. No adjustment to the contract time is requested. FUNDING SOURCE Capital Program. RECOMMENDATION Approval of resolution. APPROVAL OF CONTRACT CHANGE CHANGE ORDER No.One(1) DATE: April 30,2012 PROJECT: City of Beaumont,Texas Wastewater Treatment Plant-Wet Weather Flow Improvements OWNER: City of Beaumont,Texas 801 Main Street Beaumont,Texas 77704 CONTRACTOR: Brystar Contracting,Inc. 8385 Chemical Road Beaumont,Texas 77705 TO THE OWNER: Approval of the following contract change is requested. Reason for Change: Approved Alternate Materials for Electrical and Controls ORIGINAL CONTRACT AMOUNT: $ 4.391500.00 THIS CHANGE ORDER Description: Not Change Bid Item No. 2 - Revise Electrical 90 Bonds to PVC except where entering $ (36,550.00) explosion proof areas;Revise Electrical Pull Boxes with 30"x 60"FRP Vaults which meet Entergy Requirements TOTAL AMOUNT OF THIS CHANGE ORDER: S 06.550.001 TOTAL REVISED CONTRACT AMOUNT-INCLUDING THIS CHANGE ORDER: $ 4,354,950.00 CONTRACT TIME Original Contract Time: 240 Additional Time Requested: 0 Revised Contract Time per this Change Order 240 CONDITION OF CHANGE: "Contractor acknowledges and agrees that the adjustments in contract price and contract time stipulated in this Change Order represents full compensation for all increases and decreases in the cost of,and the time required to perform the entire work under the Contract arising directly or indirectly from this Change Order and all previous Change Orders. Acceptance of this waiver constitutes an agreement between Owner and Contractor that the Change Order represents an all inclusive,mutually agreed upon adjustment to the Contract,and that Contractor will waive all rights to file a claim on this Change Order after it is properly executed." Recommended by: Approved by: ted Schaumburg&Polk,Inc. City of Beaumont Brystar Contracting,Inc. Engineer Owner Contractor J Date: Z �y Date: Date: `t' !5t) ` j-L, RESOLUTION NO. WHEREAS, on March 20, 2012, the City Council of the City of Beaumont, Texas, passed Resolution No. 12-055 awarding a contract in the amount of$4,391,500 to Brystar Contracting, Inc., of Beaumont Texas, for the Wastewater Treatment Plant Holding Pond Project and Dredging of Ponds 1 and 2 Project; and, WHEREAS, Change Order No. 1, in the amount of ($36,550), is required for alternate materials related to the electrical components of the project, thereby decreasing the contract amount to $4,354,950. 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. 1 for additional work described above, thereby decreasing the contract amount by ($26,550) for a total contract amount of$4,354,950. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 15th day of May, 2012. - Mayor Becky Ames - D RICH WITH OPPORTUNITY BEAUM,DN* T • E • x A S City Council A enda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Patrick Donart, Public Works Director MEETING DATE: May 15, 2012 REQUESTED ACTION: Council consider a resolution approving the exchange of properties adjacent to Cattail Marsh. BACKGROUND James P. Ritter,Jr. approached the City of Beaumont regarding a potential swap of properties. Mr. Ritter's property is currently divided from his main property by Hillebrandt Bayou. The City of Beaumont would exchange 134.14 acres of property in return for 48.12 acres of property and a payment of$34,000. The exchange will benefit the Water Department because the newly acquired 48.12 acres will be adjacent to the Cattail Marsh property. An appraisal was completed in February 2012 on both properties. James P. Ritter, Jr. will pay the City of Beaumont$34,000.00 for the exchange. FUNDING SOURCE Water Fund. RECOMMENDATION Approval of the resolution. 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 deed for 134.14 acres of property in return for$34,000.00 and 48.12 acres of property located near Hillebrandt Bayou, owned by James P. Ritter, Jr. to resolve a divided property issue which is currently divided from the main property by Hillebrandt Bayou. The deeds are substantially in the forms attached hereto as Exhibit "A" and Exhibit "B." PASSED BY THE CITY COUNCIL of the City of Beaumont this the 15th day of May, 2012. - Mayor Becky Ames - NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM THIS INSTRUMENT THAT TRANSFERS AN INTERST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR DRIVER'S LICENSE NUMBER. THE STATE OF TEXAS X KNOW ALL MEN BY THESE PRESENTS: COUNTY OF JEFFERSON X SPECIAL WARRANTY DEED That, JAMES P.RITTER, JR., of the County of Jefferson, State of Texas,hereinafter called GRANTOR for and in consideration of the sum of TEN AND NO/100 ($10.00) DOLLARS and other good and valuable consideration, to it in hand paid by the City of Beaumont,a municipal corporation,domiciled in Jefferson County, Texas,hereinafter called GRANTEE, for the Conveyance of the hereinafter described property, the receipt and sufficiency of which is hereby acknowledged and confessed,has GRANTED, SOLD and CONVEYED, subject to the reservations and exceptions hereinafter made,and by these presents does GRANT, SELL and CONVEY unto the said CITY OF BEAUMONT, P. O.Box 3827, Beaumont, Texas 77704,and to its successors and assigns forever the property described in Exhibit"A", attached hereto and made a part hereof for all purposes. GRANTOR does hereby except and reserve from this conveyance unto herself,her successors and assigns,forever, all of the oil, gas, and sulphur in and under the land herein conveyed but waives all rights of ingress and egress to the surface thereof for the purpose of exploring, developing,mining or drilling for same. This conveyance is expressly made subject to all zoning laws and to restrictions, covenants,conditions, easements and mineral and/or royalty reservations, if any,effecting the property. TO HAVE AND TO HOLD the above described premises together with all and singular the rights and appurtenances thereto and in any wise belonging,unto the said EXHIBIT "A" GRANTEE and GRANTEE'S successors and assigns, forever; and said GRANTOR binds herself and her successors and assigns to warrant and forever defend all and singular the said premises unto the said GRANTEE and GRANTEE'S successors or assigns, against every person lawfully claiming or to claim all or any part of the property,subject to the provisions stated above, when the claim is by,through, or under GRANTOR but not otherwise. EXECUTED this the day of , 2012. JAMES P. RITTER, JR. By Printed Name ACKNOWLEDGMENT STATE OF TEXAS X COUNTY OF JEFFERSON X This instrument was acknowledged before me on this the day of . 2012, by JAMES P. RITTER,JR. Notary Public, State of Texas RETURN TO: City of Beaumont c/o Antoinette Hardy P.O.Box 3827 Beaumont,TX 77704 I Legal Description: 48.12 Acre Tract or Parcel of Land M. Grange Survey, Abstract No. 26 Jefferson County, Texas BEING a 48.12 acre tract or parcel of land situated in the M. Grange Survey, Abstract No. 26, Jefferson County, Texas and being out of and part of Lots 5, 6 and 7 of the West Half of the M. Grange Survey as described in a judgment recorded in Volume 62, Page 494, Deed Records, Jefferson County, Texas and being out of and part of that certain called 84.2 acre tract, identified as TRACT III, and that certain called 56.1 acre tract, identified as TRACT IV, and that certain called 84.2 acre tract, identified as TRACT V, as described in a "Warranty Deed" from James P. Ritter and John C. Ritter to James P. Ritter, Jr and Allan B. Ritter as recorded in Film Code No. 102-25-1981, Official Public Records of Real Property, Jefferson County, Texas, said 48.12 acre tract being more particularly described as follows: NOTE. All bearings are based on the East line of that certain called 2183.50 acre tract of land conveyed to the City of Beaumont as recorded in Film Code No. 103-03-0258, Official Public Records of Real Property, Jefferson County, Texas as SOUTH 03°24'10"EAST. All set 518" iron rods set with caps stamped "M.W. Whiteley &Associates". COMMENCING at a 1" iron pipe found for the most Southerly Northeast corner of that certain called 2183.50 acre tract of land as described in a "General Warranty Deed" from Harry Holloway and wife, Christie E. Holloway to the City of Beaumont as recorded in Film Code No. 103-03-0258, Official Public Records of Real Property, Jefferson County, Texas and said corner being in the common line between the said M. Grange Survey and the Christian Hillebrandt League, Abstract No. 28, Jefferson County, Texas and said corner bears SOUTH 02°4555" WEST a distance of 12.91 feet from a concrete monument found for the Northwest corner of the said M. Grange Survey; THENCE SOUTH 03024'10" EAST, along and with the common line between the said M. Grange Survey and the said Christian Hillebrandt League, the same being the East line of the said 2183.50 acre City of Beaumont tract, for a distance of 4384.29 feet to a 5/8" iron rod set for the Northwest corner and the POINT OF BEGINNING of the tract herein described, said corner also being the Northwest corner of the said Ritter TRACT IV and the Southwest corner of that certain called 28.06 acre tract of land as described in a deed from E.I. Hillebrandt to B.E. Quinn,Trustee as recorded in Volume 417, Page 556, Deed Records, Jefferson County,Texas; THENCE NORTH 86 033'29" EAST, for the boundary between the said Ritter TRACT IV and the said 28.06 acre B.E. Quinn tract, passing at a distance of 2096.32 feet a 5/8" iron rod set for reference and continuing for a total distance of 2156.32 feet to a point for corner, said corner being in the centerline of Jefferson County Drainage District No. 6 Moore Street Ditch; THENCE SOUTH 44 040'24" WEST, along and with the centerline of the said Jefferson County Drainage District No. 6 Moore Street Ditch, for a distance of 2426.38 feet to a point for corner; 48.12 Acre Tract Page I of 2 MARK W. WHITELEY AND ASSOCIATES,INC. THENCE SOUTH 40 001'26" WEST, continuing along and with the centerline of.the said Jefferson County Drainage District No. 6 Moore Street Ditch, for a distance of 510.62 feet to a point for corner, said corner being in the West line of the said Ritter TRACT III and the East line of the said 2183.50 acre City of Beaumont tract and being in the common line between the said M. Grange Survey and the Christian Hillebrandt League and said corner bears NORTH 03°24'10" WEST a distance of 6860.36 feet from a 1" iron pipe found for the Southeast corner of the said 2183.50 acre City of Beaumont tract; THENCE NORTH 03 024'10" WEST, for the boundary between the said Ritter TRACT III, TRACT V and TRACT V and the said 2183.50 acre City of Beaumont tract and the common line between the said M. Grange Survey and the Christian Hillebrandt League, passing at a distance of 65.00 feet a 5/8" iron rod set for reference and continuing for a total distance of 1990.54 feet to the POINT OF BEGINNING and containing 48.12 Acres,more or less. Surveyed on March 27, 2012. This legal description is being submitted along with a plat based on this survey. OF S. Thomas S. R we,RPLS No. 5728 ©» 5728 W:\2012\12-125\I2-125m&b.doc �• E S S;d;j� SUA 48.12 Acre Tract Pa-Re 2 of 2 MARK W. WHITELEYAND ASSOCIATES,INC. NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON,YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM THIS INSTRUMENT THAT TRANSFERS AN INTERST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR DRIVER'S LICENSE NUMBER. THE STATE OF TEXAS X KNOW ALL MEN BY THESE PRESENTS: COUNTY OF JEFFERSON X SPECIAL WARRANTY DEED That, CITY OF BEAUMONT, a municipal corporation,domiciled in Jefferson County, Texas of the County of Jefferson, State of Texas,hereinafter called GRANTOR for and in consideration of the sum of THIRTY FOUR THOUSAND AND N01100 ($34,000.00) DOLLARS and other good and valuable consideration,to it in hand paid by the JAMES P. RITTER, of the Jefferson County, Texas,hereinafter called GRANTEE,for the conveyance of the hereinafter described property,the receipt and sufficiency of which is hereby acknowledged and confessed,has GRANTED, SOLD and CONVEYED,subject to the reservations and exceptions hereinafter made,and by these presents does GRANT, SELL and CONVEY unto the said JAMES P. RITTER,JR.,P. O. BOX 1713,NEDERLAND,TEXAS 77627 and to its successors and assigns forever the property described in Exhibit"A",attached hereto and made a part hereof for all purposes. GRANTOR does hereby except and reserve from this conveyance unto herself,her successors and assigns, forever, all of the oil, gas,and sulphur in and under the land herein conveyed but waives all rights of ingress and egress to the surface thereof for the purpose of exploring, developing,mining or drilling for same. This conveyance is expressly made subject to all zoning laws and to restrictions, covenants, conditions, easements and mineral and/or royalty reservations,if any, effecting the property. TO HAVE AND TO HOLD the above described premises together with all and EXHIBIT "B" singular the rights and appurtenances thereto and in any wise belonging,unto the said GRANTEE and GRANTEE'S successors and assigns, forever; and said GRANTOR binds herself and her successors and assigns to warrant and forever defend all and singular the said premises unto the said GRANTEE and GRANTEE'S successors or assigns, against every person lawfully claiming or to claim all or any part of the property,subject to the provisions stated above, when the claim is by,through, or under GRANTOR but not otherwise. EXECUTED this the day of , 2012. CITY OF BEAUMONT By Printed Name Kyle Hammes Title City Manager ACKNOWLEDGMENT STATE OF TEXAS X COUNTY OF JEFFERSON X This instrument was acknowledged before me on this the day of 2012, by KYLE HAYES. Notary Public, State of Texas RETURN TO: City of Beaumont c/o Antoinette Hardy P.O.Box 3827 Beaumont,TX 77704 Legal Description: 134.14 Acre Tract or Parcel of Land Christian Hillebrandt League,Abstract No. 28 Jefferson County,Texas BEING a 134.14 acre tract or parcel of land situated in the Christian Hillebrandt League, Abstract No. 28,Jefferson County,Texas and being out of and part of that certain called 2184.72 acre tract of land as described in a "Special Warranty Deed" from The Prudential Insurance Company of America to Harry Holloway as recorded in Film Code No. 101-48-2246, Official Public Records of Real Property, Jefferson County, Texas and furthermore being out of and part of that certain called 2183.50 acre tract of land as described in a "General Warranty Deed" from Harry Holloway and wife, Christie E. Holloway to the City of Beaumont as recorded in Film Code No. 103-03-0258, Official Public Records of Real Property,Jefferson County, Texas, said 134.14 acre tract being more particularly described as follows: NOTE: All bearings are based on the East line of the said City of Beaumont 2183.50 acre tract as recorded in Film Code No. 103-03-0258, Official Public Records of Real Property, Jefferson County, Texas as SOUTH 03°24'10" EAST. All set 518"iron rods set with caps stamped "M.W. Whiteley&Associates'. BEGINNING at a 1" iron pipe found for the Southeast corner of the said 2183.50 acre City of Beaumont tract, said corner also being the Northeast corner of the certain called 906 acre tract of land as described in a judgment recorded in Volume 169, Page 83, Deed Records, Jefferson County, Texas, the same being the Northeast corner of that certain called 403.43 acre tract of land as described in a "General Warranty Deed and Limited Power of Attorney" to Labelle Properties, LTD. as recorded in Film Code No. 105-16-0794, Official Public Records of Real Property, Jefferson County, Texas and said corner being in the common line between the said Christian Hillebrandt League and the M. Orange Survey, Abstract No. 26, Jefferson County, Texas; THENCE SOUTH 88 030'12" WEST, for the boundary between the said 2183.50 acre City of Beaumont tract and the said 403.43 acre Labelle Properties,LTD.tract and along and with an old fence line,passing at a distance of 602.85 feet a 518" iron rod set for reference and continuing for a total distance of 616.85 feet to point for corner on the East bank of Hillebrandt Bayou; THENCE NORTHERLY along the East bank of Hillebrandt Bayou the following courses and distances: THENCE NORTH 00°05'15" WEST,for a distance of 67.93 feet; THENCE NORTH 06°48'31" WEST, for a distance of 124.54 feet; THENCE NORTH 08 021'24" WEST,for a distance of 138.03 feet; THENCE NORTH 14014'07" WEST, for a distance of 154.53 feet; THENCE NORTH 19011'34" WEST, for a distance of 93.89 feet; THENCE NORTH 25 052'09" WEST, for a distance of 120.50 feet; THENCE NORTH 27°32'01" WEST, for a distance of 120.83 feet; THENCE NORTH 33 047'50" WEST, for a distance of 120.91 feet; THENCE NORTH 330 10'00" WEST, for a distance of 161.94 feet; 134.14 Acre Tract P 1 of3 MARK Of' WHITELE'Y AND ASSOCIATES,INC. THENCE NORTH 31 049'27" WEST,for a distance of 121.39 feet; THENCE NORTH 29016'54" WEST, for a distance of 189.60 feet; THENCE NORTH 15 023'56" WEST,for a distance of 140.47 feet; THENCE NORTH 09 007'07" WEST,for a distance of 88.91 feet; THENCE NORTH 00°02'41" EAST,for a distance of 81.71 feet; THENCE NORTH 02°09'01" EAST,for a distance of 147.15 feet; THENCE NORTH 01°4936" EAST,for a distance of 104.55 feet; THENCE NORTH 01°3331" EAST,for a distance of 118.33 feet; THENCE NORTH 01°41'14" EAST,for a distance of 150.58 feet; THENCE NORTH 01°45'13" EAST,for a distance of 87.98 feet; THENCE NORTH 01017'28" EAST,for a distance of 130.84 feet; THENCE NORTH 01 023'20" EAST,for a distance of 160.70 feet; THENCE NORTH 00 045'29" EAST, for a distance of 111.97 feet; THENCE NORTH 00 023`45" EAST,for a distance of 116.55 feet; THENCE NORTH 05 020'46" EAST,for a distance of 126.09 feet; THENCE NORTH 00 007'48" WEST,for a distance of 152.35 feet; THENCE NORTH 01°23'07" EAST, for a distance of 125.30 feet; THENCE NORTH 01°35'28" WEST,for a distance of 99.15 feet; THENCE NORTH 03 036'29" WEST, for a distance of 137.55 feet; THENCE NORTH 01 059'20" EAST, for a distance of 99.53 feet; THENCE NORTH 02013'32" WEST,for a distance of 159.12 feet; THENCE NORTH 02018'53" WEST,for a distance of 88.52 feet; THENCE NORTH 02°51'58" WEST,for a distance of 120.27 feet; THENCE NORTH 01 03337" WEST,for a distance of 1.76.33 feet; THENCE NORTH 00 005'22" WEST, for a distance of 113.57 feet; THENCE NORTH 01 035'58" WEST, for a distance of 140.67 feet; THENCE NORTH 07°34'18" WEST,for a distance of 134.75 feet; THENCE NORTH 13 033'17" WEST, for a distance of 136.54 feet; THENCE NORTH 08"54'14" EAST,for a distance of 142.61 feet; THENCE NORTH 04 035'03" EAST, for a distance of 126.63 feet; THENCE NORTH 02 043'44" WEST,for a distance of 138.83 feet; THENCE NORTH 01°19`01" WEST,for a distance of 179.26 feet; THENCE NORTH 01°3759" WEST,for a distance of 51.34 feet; THENCE NORTH 13 017'09" EAST, for a distance of 47.05 feet; THENCE NORTH 06 040'45" WEST, for a distance of 61.77 feet to a point for comer, said comer being in the centerline of Jefferson County Drainage District No. 6 Moore Street Ditch; THENCE NORTH 19°16'31" EAST, along and with the centerline of the said Jefferson County Drainage District No. 6 Moore Street Ditch, for a distance of 144.17 feet to a point for corner; THENCE NORTH 01°51'46" EAST, continuing along and with the centerline of the said Jefferson County Drainage District No. 6 Moore Street Ditch, for a distance of 413.83 feet to a point for comer; 134.14 Acre Tract Paite 2of3 MARK W W//ITELEYAND ASSOCIATES,INC. THENCE NORTH 11014'55" EAST, continuing along and with the centerline of the said Jefferson County Drainage District No. 6 Moore Street Ditch, for a distance of 222.03 feet to a point for corner; THENCE NORTH 40 001'26" EAST, continuing along and with the centerline of the said Jefferson County Drainage District No. 6 Moore Street Ditch, for a distance of 1084.16 feet to a point for corner, said corner being in the East line of the said 2183.50 acre City of Beaumont tract and the West line of Lot. 7 of the West Half of the M. Grange Survey as described in a judgment recorded in Volume 62, Page 494, Deed Records, Jefferson County, Texas, the same being the West line of that certain called 84.2 acre tract, identified as TRACT III, as described in a "Warranty Deed" from James P, Ritter'and John C. Ritter to James P. Ritter,Jr and Allan B. Ritter as recorded in Film Code No. 102-25-1981, Official Public Records of Real Property, Jefferson County, Texas, and said corner being in the common line between the said Christian Hillebrandt League and the said M. Grange Survey and said corner bears SOUTH 03°24'10" EAST a distance of 6374.83 feet from a V iron pipe found for the most Southerly Northeast corner of the said 2183.50 acre City of Beaumont tract; THENCE SOUTH 03 024'10" EAST, along and with the common line between the said Christian Hillebrandt League and the said M. Grange Survey, the West line of Lots 7, 8, 9, 10, 11, 12 and 13 of the West Half of the M. Grange Survey as described in a judgment recorded in Volume 62, Page 494, Deed Records, Jefferson County, Texas and the East line of the said 2183.50 acre City of Beaumont tract, passing at a distance of 65.00 feet a 5/8" iron rod set for reference and continuing for a total distance of 6860.36 feet to the POINT OF BEGINNING and containing 134.14 Acres,more or less. Surveyed on March 27, 2012. This legal description is being submitted along with a plat based on this survey. -,-�' OF Thomas S. Rowe, RPLS No. 5728 M .e� 5728 �T W:12012112-126512-126m&b.doc 7w- Pass% SU 134.14 Acre Tract Page 3 of 3 MARK W WHITELEY AND ASSOCIATES.INC. arcs vivo ORIPORTUNITT BEAUNUA IN* T * Z * Z * A * 8 REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS MAY 15,2012 1:30 P.M. AGENDA CALL TO ORDER * Invocation Pledge Roll Call * Presentations and Recognition * Public Comment: Persons may speak on scheduled agenda items 1-2/Consent Agenda * Consent Agenda GENERAL BUSINESS 1. Consider a resolution adopting criteria for use in the reapportionment of Councilmember electoral wards 2. Consider a resolution establishing guidelines for a person submitting specific reapportionment proposals COMMENTS * Councilmembers/City Manager comment on various matters * Public Comment(Persons are limited to 3 minutes) EXECUTIVE SESSION * Consider matters related to the deliberation of the purchase, exchange, lease or value of real property'in accordance with Section 551.072 of the Government Code,to wit: 600-612 Pearl at George Jones Place 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 May 15,2012 Consider a resolution adopting criteria for use in the reapportionment of Councilmember electoral wards RICH WITH OPPORTUNITY BEAUMON* T - E - % - A - s City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tyrone E. Cooper, City AttorneA✓ MEETING DATE: May 15,2012 REQUESTED ACTION: Council consider a resolution adopting criteria for use in the reapportionment of Councilmember electoral wards. BACKGROUND The 2010 Census shows a total population increase for the City of Beaumont to be 4,430 people since the time of the 2000 Census. This increase in population triggers the responsibility of the City Council to evaluate what impact this increase has on the four current single-member electoral wards of the City. The Council is recognizing its responsibility by engaging the assistance of the Bojorquez Law Firm to determine the need to reapportion the wards in satisfaction of federal and state law. It is helpful to the redistricting process to adopt criteria and guidelines that would assist the Council in its efforts to evaluate and adopt a fair and lawful reapportionment plan. In the event a plan is submitted to the City by the public,the guidelines established will ensure that each plan submitted will be given due consideration. FUNDING SOURCE None. RECOMMENDATION Approval of resolution. RESOLUTION NO. RESOLUTION ADOPTING CRITERIA FOR USE IN REAPPORTIONING COUNCILMEMBER WARDS. WHEREAS, the City Council for the City of Beaumont (City Council) has certain responsibilities for creating and revising single-member wards under federal and state law including, but not limited to, the Fourteenth and Fifteenth Amendments to the United States Constitution, and the Voting Rights Act, 42 U.S.C.A. §1973, et seq.; and, WHEREAS, the City Council has certain responsibilities for reapportionment under the City Charter; and, WHEREAS, it is necessary to provide for the orderly consideration and evaluation of reapportionment plans which may come before the City Council; and, WHEREAS, these guidelines relate to members of the public or other individuals outside of the City's designated consultant team who have specific reapportionment plans they wish the City Council to consider; and, WHEREAS, the City Council welcomes any comments relevant to the reapportionment process. 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 in order to ensure that any plan that might be submitted is of maximum assistance to the City Council in its decision making process, the City Council hereby sets the following guidelines: 1. Plans must be submitted in writing. If a plan is submitted orally, there is significant opportunity for misunderstanding, and it is possible that errors may be made in analyzing it. The City Council wants to be sure that all proposals be fully and accurately considered. 2. Plans must show the total population and Voting Age Population for Blacks, Hispanics, Asians, Whites, and Other for each proposed City Council ward. If a plan is submitted without a population breakdown, the City Council may not have sufficient information to give it full consideration. 3. Plans must be submitted to the City Clerk by June 15, 2012 in order to meet the deadlines imposed by state and federal law. 4. Plans must reapportion the entire City. The City Council, of course, will be considering the effect of any plan on the entire City. Also the City Council is subject to the Voting Rights Act which protects various racial and language minorities. Thus, as a matter of federal law, it will be required to consider the effect of any proposal on multiple racial and ethnic groups. If a plan does not reapportion the entire City, it may be impossible for the City Council to assess its impact on one or more protected minority groups. 5. Plans must conform to the reapportionment criteria the City Council will be using in drawing the City Councilmember wards. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 15th day of May, 2012. - Mayor Becky Ames - ATTEST: Tina Broussard, City Clerk 2 May 15,2012 Consider a resolution establishing guidelines for a person submitting specific reapportionment proposals RICH WITH OPPORTUNITY BEAUMOK* T • E - X - A - S City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tyrone E. Cooper, City Attornep� MEETING DATE: May 15, 2012 REQUESTED ACTION: Council consider a resolution establishing guidelines for a person submitting specific reapportionment proposals. BACKGROUND The 2010 Census shows a total population increase for the City of Beaumont to be 4,430 people since the time of the 2000 Census. This increase in population triggers the responsibility of the City Council to evaluate what impact this increase has on the four current single-member electoral wards of the City. The Council is recognizing its responsibility by engaging the assistance of the Bojorquez Law Firm to determine the need to reapportion the wards in satisfaction of federal and state law. It is helpful to the redistricting process to adopt criteria and guidelines that would assist the Council in its efforts to evaluate and adopt a fair and lawful reapportionment plan. In the event a plan is submitted to the City by the public, the guidelines established will ensure that each plan submitted will be given due consideration. FUNDING SOURCE None. RECOMMENDATION Approval of resolution. RESOLUTION NO. RESOLUTION ESTABLISHING GUIDELINES FOR PERSONS SUBMITTING SPECIFIC REAPPORTIONMENT PROPOSALS. WHEREAS, the City Council for the City of Beaumont (City Council) has certain responsibilities for creating and revising single-member wards under federal and state law including, but not limited to, the Fourteenth and Fifteenth Amendments to the United States Constitution, and the Voting Rights Act, 42 U.S.C.A. §1973, et seq.; and, WHEREAS, it is the intent of the City of Beaumont (City) to comply with the Voting Rights Act and with all other relevant law, including Shaw v. Reno jurisprudence; and, WHEREAS, a set of established reapportionment criteria and a defined project timeline, included herein as Exhibit 'A," will serve as a framework to guide the City in the consideration of reapportionment plans; and, WHEREAS, reapportionment criteria will assist the City in its efforts to comply with all applicable federal and state laws. 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, in its adoption of a reapportionment plan and project timeline for redrawing current City Councilmember ward boundaries, will adhere to the following reapportionment criteria: 1. Where possible, easily identifiable geographic boundaries should be followed. 2. Communities of interest should be maintained in a single ward, where possible, and attempts should be made to avoid splitting neighborhoods. 3. To the extent possible, wards should be composed of whole voting precincts. Where this is not possible or practicable, wards should be drawn in a way that permits the creation of practical voting precincts and that ensures that adequate facilities for polling places exist in each voting precinct. 4. Wards must be configured so that they are relatively equal in total population according to the best available data, including the 2010 federal Census. In no event, should the total deviation between the largest and the smallest ward exceed ten percent (10%). The City will attempt to achieve a deviation that equals less than ten percent (10%), between the largest and smallest ward, using 2010 Census data. 5. The wards should be compact and composed of contiguous territory. Compactness may contain a functional, as well as a geographical dimension. 6. Consideration may be given to the preservation of incumbent-constituency relations by recognition of the residence of incumbents and their history in representing certain areas. 7. The plan should be narrowly tailored to avoid retrogression in the position of racial minorities and language minorities as defined in the Voting Rights Act with respect to their effective exercise of the electoral franchise. 8. The plan should not fragment a geographically compact minority community or pack minority voters in the presence of polarized voting so as to create liability under Section 2 of the Voting Rights Act, 42 U.S.C. §1973. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 15th day of May, 2012. - Mayor Becky Ames - ATTEST: Tina Broussard, City Clerk THE CITY OF BEAUMONT REAPPORTIONMENT PROJECT TIMELINE 1. AiI 17, 2012: Present Initial Assessment results to City Council confirming the need for the City of Beaumont to undergo reapportionment (City Council meeting at 1:30 p.m.). 2. April 17, 2012: City Council considers resolutions adopting Reapportionment Criteria, project timeline, and Reapportionment Proposal Submission Guidelines. (Special City Council meeting at 5:30 p.m.). 3. ADA 244, 2012: Deadline to prepare and submit internal maps to City Clerk for review of proposed council ward boundaries and population/demographic data by City staff (Note: internal maps are for internal viewing only and are not intended for public review and comment. 4. May 8, 2012: Deadline for City review of internal maps and population/demographic data and for submission of requested changes, in writing, to Bojorquez Law Firm. S. May 11. ?412: Deadline to return revised internal maps in the form of draft maps to City Secretary with requested changes. (Note: draft maps are intended for public review and comment once presented to City Council). 6. May 28, X2012: Presentation of draft maps and population/demographic data to City Council and meeting(s) with local special interest group leaders (regular City Council meeting at 1:30 p.m.). 7. May 31, 2012: Deadline for Bojorquez Law Firm to return first revision of draft maps to City Secretary. 8. June 5, : Public hearing to obtain citizen input on draft maps (regular City Council meeting at 5:00 p.m.). 9. June 15th, 2012: Deadline for all citizens to submit specific redistricting proposals to the City Secretary. 10-June, 22, 201:2: Deadline for submission by City of any additional requested changes to draft maps, in writing, to Bojorquez Law Firm. 11.June 2% 2012: Deadline for Bojorquez Law firm to return second revision of draft maps and population/demographic data to City. EXHIBIT "A" 12. Iv 3, 2012: Deadline for City's final review of draft maps and authorization for drafting of ordinance on final Redistricting Map (regular City Council meeting at 9:30 p.m.). 13-July 10, 2012: First reading of ordinance on proposed final Redistricting Map by City Council (regular City Council meeting at 1:30 p.m.). 14.JulY 24, 2042: Second reading of ordinance on proposed final Redistricting Map by City Council (regular City Council meeting at 5:00 p.m.). 15. j/ 31, 2012: Bojorquez Law Firm submits preclearance request to Department of Justice in Washington, D.C.