HomeMy WebLinkAboutPACKET FEB 12 2013 RICK AITR OPPORTUNITT
BEAUMON*
T - B - Z • A - S
REGULAR MEETING OF THE CITY COUNCIL
COUNCIL CHAMBERS FEBRUARY 12,2013 1:30 P.M.
CONSENT AGENDA
* Approval of minutes—February 5, 2013
* Confirmation of committee appointments
Kevin Roy would fill the unexpired term of Lauren Williams-Mason on the Community
Development Advisory Committee. The term would commence February 12, 2013 and expire
February 1, 2014. (Mayor Pro Tem Alan B. Coleman)
Jon Reaud would be appointed to the Police Department Community Advisory Committee. The
term would commence February 12, 2013 and expire February 11, 2015. (Councilmember W. L.
Pate, Jr.)
Raymond Ambres would be reappointed to the Community Development Advisory Committee.
The current term would expire December 18, 2014. (Mayor Becky Ames)
William Sam, Sr. would be reappointed to the Police Department Community Advisory
Committee. The current term would expire January 10,2015. (Councilmember Jamie D. Smith)
Dwaine K. Augustine would be reappointed to the Police Department Community Advisory
Committee. The current term would expire January 24, 2015. (Councilmember Jamie D. Smith)
Sina Nejad-Engineer, would be reappointed to the Construction Board of Appeals (Building).
The current term would expire January 24, 2015. (Mayor Becky Ames)
Wayne E. Duerler-Fire Representative, would be reappointed to the Construction Board of
Appeals(Building). The current term would expire February 7, 2015. (Mayor Becky Ames)
Dora Nisby would be reappointed to the Library Commission. The current term would expire
December 12, 2014. (Councilmember Alan B. Coleman)
Ava Graves would be reappointed to the Convention and Tourism Advisory Board. The current
term would expire January 31, 2015. (Councilmember Jamie D. Smith)
Irmalyn Thomas would be reappointed to the Police Department Community Advisory
Committee. The current term would expire January 10, 2015. (Councilmember Audwin M.
Samuel)
Pastor Ronald Bishop would be reappointed to the Police Department Community Advisory
Committee. The current term would expire January 10, 2015. (Councilmember Audwin M.
Samuel)
Pat Avery would be reappointed to the Board of Adjustment(Zoning). The current term would
expire January 6, 2015. (Mayor Becky Ames)
Daniel Green would be reappointed to the Community Development Advisory Committee. The
current term would expire February 7, 2015. (Mayor Pro Tem Alan B. Coleman)
A) Approve a resolution authorizing the City Manager to execute an agreement for Transfer
of Entitlements to the Texas Department of Transportation,Aviation Division for
FY2010, 2011 and 2012
B) Approve a resolution authorizing a change order to the contract with Bruce's General
Construction for the installation of six Transit Bus Stops
C) Approve a resolution authorizing a change order decreasing the contract amount,
approving a final payment and accepting the East Lucas Drainage Improvement
Rehabilitation Project
D) Approve a resolution authorizing the acceptance of a fifteen foot wide Drainage
Easement and a thirty-five foot wide Temporary Construction Easement to allow for the
construction of a storm sewer outfall pipe for the South Park Drainage Project
E) Approve a resolution authorizing the acquisition of property at 2935 Washington
Boulevard for the Washington Boulevard Road Improvement Project
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF BEAUMONT:
THAT Kevin Roy is appointed to the Community Development Advisory Committee to fill
the unexpired term of Lauren Williams-Mason. The term will commence February 12,2013
and expire February 1, 2014..
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 12th day of
February, 2013.
- Mayor Becky Ames -
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF BEAUMONT:
THAT the following appointments be made:
Appointment Commission Beginning Expiration
of Term of Term
Jon Reaud Police Department Community Advisory 02/12/13 02/11/15
Committee
THAT the following reappointments be made:
Reappointment Commission Beginning Expiration
of Term of Term
Raymond Ambres Community Development Advisory Committee 02/12/13 12/18/14
William Sam, Sr. Police Department Community Advisory 02/12/13 01/10/15
Committee
Dwaine K.Augustine Police Department Community Advisory 02/12/13 01/24/15
Committee
Sina Nejad Construction Board of Appeals 02/12/13 01/24/15
Wayne E. Duerler Construction Board of Appeals 02/12/13 02/07/15
Dora Nisby Library Commission 02/12/13 12/12/14
Ava Graves Convention and Tourism Advisory Board 02/12/13 01/31/15
Irmalyn Thomas Police Department Community Advisory 02/12/13 01/10/15
Committee
Pastor Ronald Bishop Police Department Community Advisory 02/12/13 01/10/15
Committee
Pat Avery Board of Adjustment 02/12/13 01/06/15
Daniel Green Community Development Advisory Committee 02/12/13 02/07/15
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 12th day of
February, 2013.
- Mayor Becky Ames -
A
RICH WITH OPPORTUNITY
BEA,UMON*
T • E - X • A 9 s City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Patrick Donart, Public Works Director
MEETING DATE: February 12, 2012
REQUESTED ACTION: Council consider approving a resolution authorizing the
City Manager to execute an Agreement for Transfer of
Entitlements to the Texas Department of Transportation
(TxDOT), Aviation Division, for FY2010, 2011 and 2012.
BACKGROUND
The Federal Aviation Administration(FAA) designates Non-Primary Entitlement(NPE)funds
annually to airports listed in TxDOT's Capital Improvement Plan. These funds are managed by
TxDOT's Aviation Division and are applied to major construction projects at airports receiving
FAA funds.
In fiscal years 2010, 2011 and 2012,the Beaumont Municipal Airport was not programmed for
any capital improvement projects through TxDOT's Aviation Division. Since the funds were
earmarked for Beaumont, TxDOT is unable to use the funds without authorization from the City.
TxDOT is requesting that these funds in the amount of$450,000, be released for use on other
airport projects. If the funds are not released, they will be forfeited to the FAA.
FUNDING SOURCE
Not Applicable.
RECOMMENDATION
Approval of 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 all documents
necessary to enter into an Agreement for Transfer of Entitlements between the City of
Beaumont and the Federal Aviation Administration (FAA) for the release of appropriated
airport capital improvement project funds for fiscal years 2010,2011 and 2012 to the Texas
Department of Transportation (TxDOT), Aviation Division. The agreement is substantially
in the form attached hereto as Exhibit "A" and made a part hereof for all purposes.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 12th day of
February, 2013.
- Mayor Becky Ames -
I
U.S.Department
of Transportation
Federal Ai iation
Administration
AGREEMENT FOR TRANSFER OF ENTITLEMENTS
In accordance with section 47117(c)(2) of Title 49 U.S.C. (hereinafter called the`Act).
City of Beaumont
(Name ofTransfe-r Sponsor)
Hereby waives receipt of the following amount of funds apportioned to it for each fiscal year specified
under section 47114(c)(1) of the Act.
Amount Fiscal Year
$ 150,000 2010
$ 150,000 2011
$ 150,000 2012
TOTAL $ 450,000
On the condition that the Federal Aviation Administration makes the waived amount available to:
Texas Dept. Of Transportation
(Name of Transferee Sponsor)
for eligible projects under section 47104(a)Act. This waiver shall expire on earlier of 9-30-
13
(date) or when the availability of apportioned funds would lapse under section 47117(b) of the Act.
FOR THE UNITED STATES OF
AMERICA FOR Beaumont, Texas
FEDERAL AVIATION ADMINISTRATION
(Signature) (Signature)
David Fulton Kyle Hayes
(Typed Name) (Typed Name)
Director, Aviation Division City Manager
(Title) (Tine)
(Date) (Date)
CERTIFICATE OF SPONSOR'S ATTORNEY
I, acting as Attorney for the Sponsor do hereby certify:
That l have examined the foregoing Agreement and find that the Sponsor has been duly authorized to
make such transfer and that the execution thereof is in all respects due and proper and in accordance
with the laws of the State of and the Act.
Dated at this day of ,
By:
(Signature of Sponsors Attorney)
FAA Form 5100-110(10-89)
u
EXHIBIT "A"
i
B
RICH WITS OPPORTUNITY
1
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: February 12, 2013
REQUESTED ACTION: Council consider a resolution authorizing a change order to
the contract with Bruce's General Construction for the
installation of six(6) Transit Bus Stops in the amount of
$35,360.
BACKGROUND
As part of the American Recovery and Reinvestment Act of 2009 (ARRA), the Beaumont Transit
System was awarded $2.3M for equipment and facility improvements. Included in the grant was
$300,000 for new Transit Stop Covers.
In 2010, a contract was awarded to Bruce's General Construction of Beaumont for installing
twenty-one (21)new transit stop covers. These covers were installed and a request was
submitted to the Federal Transportation Administration(FTA)to reallocate funds within the
grant to purchase additional shelters. The request was approved and costs were finalized to
purchase the additional shelters.
Change Order No. 4 in the amount of$35,360 includes preparation of the site, installation of
concrete pad and ADA ramps. The shelters have been ordered directly from the manufacturer.
The new Transit Stops will be installed at the following locations:
Location Size
Veteran's Hospital 5 seat unit
McLean and Major 5 seat unit
Pearl St. @ Julie Rogers Theatre 5 seat unit
Dowlen Rd. @ ToysRUs 10 seat unit
Sycamore @ Madison 5 seat unit
The Crossing Apartments on E. Lucas 10 seat unit
Transit Stops
February 12, 2013
Page 2
Previous change orders totaling $6,583.34 resulted in a new contract total of$301,563.34.
Change Order No. 4 represents a 9%increase in the contract total.
FUNDING SOURCE
The ARRA funds will be used for the following locations:
• McLean and Major Dr.
• Veteran's Hospital
• Pearl St. @ Julie Rogers Theatre
• Dowlen Rd. @ Toy R Us
The Capital Program will fund the locations at The Crossing Apartments on E. Lucas and
Sycamore and Madison.
RECOMMENDATION
Approval of resolution.
CHANGE ORDER
PROJECT: Transit Stop Covers, CHANGE ORDER NO: 4
City of Beaumont
CONTRACTOR: Bruce's General Construction DATE: January 29, 2013
1175 Reynolds Road ARCHITECT'S PROJECT NO.: 09039
Beaumont,Texas 77707 CONTRACT DATE: October 13,2010
CONTRACT FOR: New Construction
The Contract is changed as follows:
VA Hospital Location:
-Excavate&prep site including haul off spoils from site
-Pour&place canopy foundation as per plans ............................................................................$5,350.00
McClean 01 Maior:
-Excavate&prep site including haul off spoils from site
-Pour&place canopy foundation as per plans
-Pour&place all sidewalks as per plans.....................................................................................$7,400.00
Pearl 0 JRT:
-Excavate&prep site including haul off spoils from site
-Pour&place canopy foundation as per plans
-Pour&place all sidewalks as per plans
-Remove&replace brick pavers as necessary............................................................................$6,250.00
Dowlen 0 Toys R Us:
-Excavate&prep site including haul off spoils from site
-Pour&place canopy foundation as per plans
-Pour&place all sidewalks as per plans....................................................................................$7,375.00
Sycamore ft Madison:
-Excavate&prep site including haul off spoils from site
-Pour&place canopy foundation as per plans
-Pour&place all sidewalks as per plans....................................................................................$7,100.00
0 East Lucas:
-Install one large stop including anchor bolts&graphics................................................................$1,885.00
Total Amount This Change..........................$35,360w00
Not valid until signed by the Owner,Architect,and Contractor.
The original Contract Sum was..................................................................................................... ...$(294,980.00)
Net change by previously authorized Change Orders.............................................................................$6,583.34
The Contract Sum prior to this Change Order was............................................................................ $301,563.34
The Contract sum will be increased by this Change Order in the amount of.......................................$35,360.00
The new Contract Sum including this Change Order will be.............................................................. $336,923.34
NOTE: The summary does not reflect changes in the Contract Sum or Contract Time which have been authorized by
Construction Change Directive.
The LaBiche Arc4ectural Group Bruce's General Cons 'on City of Beaumont
7999 Glady Ave e, Suite 101 1175 Reynolds R P.O. Box 3827
Beaumon ex 77706 Beaumont,Te s 07 Beaumont,TX 77701
By: By- By:
Date: ,G Wq C
F yr Date: 1 3!'" 1-3 Date:
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RESOLUTION NO.
WHEREAS, on October 12, 2010, the City Council of the City of Beaumont, Texas,
passed Resolution No.10-267 awarding a contract in the amount of$294,980 to Bruce's
General Construction, Inc., of Beaumont, Texas, for the Transit Stop Covers Project; and,
WHEREAS, Change Order No. 1 in the amount of$2,300 was required for all cost
associated with additional sidewalks and curbs with ADA mats, thereby increasing the
project amount to $297,280; and,
WHEREAS, Change Order No. 2 in the amount of $2,323 was required for ADA
sidewalk revisions, thereby increasing the project amount to $299,603; and,
WHEREAS, Change Order No. 3 in the amount of$1,960.34 was required for the
material, labor and markup for additional sidewalks for Stop#2, credit for the downsize of
sidewalks for Stops #5 and #6, and signage revisions, thereby increasing the project
amount to $301,563.34; and,
WHEREAS, Change Order No. 4 in the amount of $35,360 is required for
preparation and installation of six (6) additional transit stop covers at approved site
locations, thereby increasing the contract amount to $336,923.34;
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. 4 for preparation and installation of six (6) additional transit stop covers at approved
site locations, thereby increasing the contract amount by $35,360 for a total contract
amount of$336,923.34.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 12th day of
February, 2013.
- Mayor Becky Ames -
c
RICH WITH OPPORTUNITY
[IEAIIMON*
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: February 12, 2013
REQUESTED ACTION: Council consider a resolution approving a change order
decreasing the contract amount, approving a final payment
and accepting the East Lucas Drainage Improvement
Rehabilitation Project.
BACKGROUND
On June 26, 2012, City Council awarded Allco, LLC the contract for the East Lucas Drainage
Improvement Rehabilitation Project in the amount of$332,100.00. To date,there has been one(1)
change order resulting in an increase of$1,991.00.
Change Order No.2 and Final in the amount of($74.75)is required to adjust the quantities actually
used during the performance of the project, decreasing the contract amount to $334,016.25.
The project has been inspected and completed in accordance with the Terms and Conditions set out
in the contract documents and we recommend final payment to Allco, LLC in the amount of
$34,115.66.
Allco, LLC subcontracted with the MBE firm of Crabtree Barricades in the amount of$7,410.90
representing 2.2%of the final contract amount. A copy of the MBE Schedule is attached.
FUNDING SOURCE
Capital Program
RECOMMENDATION
Approval of the resolution.
EAST LUCAS DRAINAGE IMPROVEMENTS
TX-704
CITY OF BEAUMONT
SCHEDULE OF MBE PARTICIPATION
NAME
CERTIFIED MBE CONTRACTOR ADDRESS TYPE OF WORK AGREED PRICE
Ck3SftL,--dv i 77 I ZrV • KA Prc
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.
NOTE: 1. This schedule should be submitted with your bid.
SIGNATURE
TITLE
30
CITY OF BEAUMONT
DATE: January 31,2013
PROJECT: East Lucas Drainage Improvement Rehabilitation Project
OWNER: City of Beaumont
CONTRACTOR: ALLCO,Inc.
CHANGE ORDER NO.: 02&FINAL
Adjusting the estimated quantities to match final quantities used during the performance of the project below.
ORIGINAL CONTRACT AMOUNT: $332,100.00
NET FROM PREVIOUS CHANGE ORDERS NO.I: $334,091.00
TOTAL AMOUNT OF THIS CHANGE ORDER: ($74.75)
PERCENT OF THIS CHANGE ORDER: (0.02%)
TOTAL PERCENT CHANGE ORDER TO DATE: 0.58%
NEW CONTRACT AMOUNT: $334,016.25
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ACCEPTED BY: PREPARED BY:
CONTRACTOR DAMON JONES,E.I.T.
RECOMMENDED BY:
PATRICK DONART,P.E., PUBLIC WORKS DR.JOSEPH G.MAJDALANI,P.E.,
DIRECTOR CITY ENGINEER
APPROVED BY: ATTESTED BY:
KYLE HAYES,CITY MANAGER TINA BROUSSARD,CITY CLERK
RESOLUTION NO.
WHEREAS, on June 26, 2012, the City Council of the City of Beaumont, Texas,
passed Resolution No.12-139 awarding a contract in the amount of$332,100 to Allco, Inc.,
of Beaumont,Texas,for the East Lucas Drainage Improvement Rehabilitation Project:and,
WHEREAS, Change Order No. 1 in the amount of$1,991 was required for all cost
associated with the items to resolve drainage conflict with the proposed sidewalk, thereby
increasing the project amount to $334,091; and,
WHEREAS, Change Order No. 2 in the amount of($74.75) is required to adjust the
quantities actually used during the performance of the project, thereby decreasing the
contract amount to $334,016.25; and,
WHEREAS, the project has been inspected and completed in accordance with the
terms and conditions of the contract and 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 City Manager be and he is hereby authorized to execute Change Order
No. 2 to adjust quantities actually used during the performance of the project, thereby
decreasing the contract amount by ($74.75) for a total contract amount of $334,016.25;
and,
BE IT FURTHER RESOLVED THAT the East Lucas Drainage Improvement
Rehabilitation Project be and the same is hereby accepted; and,
BE IT ALSO RESOLVED THAT the City Manager is hereby authorized to make final
payment in the amount of$34,115.66 to Allco, Inc.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 12th day of
February, 2013.
- Mayor Becky Ames -
I
D
RICH WITH OPPORTUNITY
r
T • E , g . A , s City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Patrick Donart, Public Works Director
MEETING DATE: February 12, 2013
REQUESTED ACTION: Council consider a resolution authorizing the acceptance of a
fifteen foot(15')wide Drainage Easement and a thirty-five foot
(35')wide Temporary Construction Easement to allow for the
construction of a storm sewer outfall pipe for the South Park
Drainage Project.
BACKGROUND
Chemtra le Refinery Services, Inc. located at 1400 Olin Road has agreed to convey one fifteen
foot(15'1 wide Drainage Easement described as being a 0.2829 acre tract out of the J. W.
Bullock:,eague, Abstract No. 7 and a thirty-five foot(35')wide Temporary Construction
Easement described as a 0.6313 acre tract out of the J. W. Bullock League, Abstract No. 7 to the
City of E eaumont to allow the construction of a storm sewer outfall pipe for the South Park
Drainage Proj ect.
FUNDIP IG SOURCE
Not appl.cable.
RECOMMENDATION
Approval of the resolution.
RESOLUTION NO.
WHEREAS, Chemtrade Refinery Services, Inc. has agreed to convey one fifteen
(15)foot wide drainage easement, said easement being a 0.2829 acre tract out of the J.W.
Bullock League, Abstract No. 7 and one thirty-five (35) foot wide temporary construction
easement, said easement being a 0.6313 acre tract out of the J.W. Bullock League,
Abstract No. 7, as described in Exhibit "A" and shown on Exhibit "B," attached hereto, to
the City of Beaumont for the purpose of allowing the construction of a storm sewer outfall
pipe for the South Park Drainage Project; 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 easements conveyed by Chemtrade Refinery Services, Inc.,as described
in Exhibit"A" and shown on Exhibit"B," be and the same is hereby, in all things, accepted
for the stated purposes.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 12th day of
February, 2013.
- Mayor Becky Ames -
STATE OF DELAWARE X
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF X
DRAINAGE EASEMENT
THAT, CHEMTRADE REFINERY SERVICES INC., State of Delaware, hereinafter
called "GRANTORS", for and in consideration of the sum of ONE AND NO/100 DOLLAR
($1.00), and other good and valuable consideration to us in hand paid by the CITY OF
BEAUMONT, a municipal corporation domiciled in Jefferson County, Texas, hereinafter called
"GRANTEE", the receipt and sufficiency of which consideration is hereby acknowledged, have
GRANTED, SOLD and CONVEYED, and by these presents do GRANT, SELL and CONVEY
unto the CITY OF BEAUMONT, P. O. Box 3827, Beaumont, Texas 77704, Jefferson County,
Texas, its successors and assigns, drainage easements and the right to alter, and maintain
drainage improvements and appurtenances on the hereinafter described lands which said
easements are under, over, in and across that certain tracts or parcels of land owned by
GRANTORS situated in the County of Jefferson, State of Texas, and being more particularly
described in Exhibit "A" attached and made a part hereof for all purposes the ("Easement
Lands").
The easement herein granted shall be used for the purpose of operating, repairing,
rebuilding, replacing, relocating within the Easement Lands, and removing drainage structures,
canals, ditches and appurtenances, and the following rights are also hereby conveyed:
It is expressly understood and agreed that the City of Beaumont shall have the right of
ingress to and egress from the Easement Lands use of the same for the purposes aforesaid, and
EXHIBIT "A"
giving said City the right and privilege to improve, maintain and operate the same as permitted
by law, subject at all times to the following conditions:
(a) Grantee shall observe all applicable laws and to the extent provided or
made known to Grantee, all policies, procedures, protocols and instructions of
Grantor respecting safety, the environment and Grantor's operations while
performing any work and while on Grantor's lands;
(b) Grantee shall perform exercise its rights hereunder in such a manner as to
eliminate or minimize interference with the operations of Grantor's plant;
(c) Should the exercise of its rights require Grantor to affect Grantor's plant
operations, Grantee shall provide Grantor with as much prior notice as is
practicable in the circumstances. Such notice shall be provided in writing to the
attention of Grantor's Plant Manager at least seven business days prior to any
work and if it is impossible to provide written notice, verbal notice to the Plant
Manager shall be required and if it is impossible to provide two business days
prior notice, as much notice as practicable in the circumstances shall be provided;
(d) Grantee shall be fully responsible for moving any equipment or other
items located on the Easement Lands necessary to perform its work from the
Easement Lands to a location or locations designated by Grantor;
(e) To the extent Grantee's exercise of its rights interferes with Grantor's
security fence or the security fence of Grantor's neighbour, Grantee shall be
responsible to coordinate with such neighbour in order to keep both neighbour's
and Grantor's property secure at all times in accordance with all applicable laws,
regulations and requirements of any government or quasi-governmental authority
having appropriate jurisdiction. Such security may include keeping a locked,
manned and/or electronic fence; and
(f) To the fullest extent permitted by law and Constitution of the State of
Texas, Grantee releases Grantor from any and all liabilities and claims of any
nature arising from or in any way related to any exercise of Grantee's rights
hereunder or Grantee's or Grantee's agents' presence on Grantor's lands.
(g) Grantee shall provide evidence satisfactory of its self-insurance and
Grantee shall ensure that any contractors going on Grantor's lands have the
following insurance:
(1) Commercial General Liability Insurance with limits of not less
than $1,000,000 on an Occurrence Basis, naming Grantor as an Additional
Insured.
(2) Automobile Liability Insurance with limits of not less than
$1,000,000 ether through Primary or Excess/Umbrella coverage.
(3) Statutory Workers Compensation Insurance with Employers
Liability with limits of not less than $500,000.
(4) Evidence of Insurance to be provided with an obligation from
insurers to provide 30 days advance notice of cancellation to Grantor.
TO HAVE AND TO HOLD the above described easements and right-of-way unto the
said CITY OF BEAUMONT, its successors and assigns forever.
EXECUTED this day of 52013.
GRANTOR: CHEMTRADE REFINERY SERVICES INC.
By:
Printed Name:
Title:
ACKNOWLEDGMENT
STATE OF DELAWARE X
COUNTY OF N/A X
This instrument was acknowledged before me on , 2013,by
(title) of CHEMTRADE REFINERY
SERVICES INC., known to me to be the person and officer whose name is subscribed to the
foregoing instrument, and acknowledged to me that he executed the same as the act of such
corporation for the purposes and consideration therein expressed and in the capacity therein
stated.
Notary Public, State of Delaware
RETURN TO:
City of Beaumont
Antoinette Hardy
P. O. Box 3827
Beaumont, TX 77704
STATE OF DELAWARE X
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF X
TEMPORARY CONSTRUCTION EASEMENT
That, CHEMTRADE REFINERY SERVICES INC, State of Delaware,
hereinafter called "GRANTOR", whether one or more, for and in consideration of the
sum of ONE AND NO/100 ($1.00) DOLLAR, and other good and valuable
consideration to us in hand paid by the CITY OF BEAUMONT, a municipal corporation
domiciled in Jefferson County, Texas, hereinafter called "GRANTEE", the receipt and
sufficiency of which consideration is hereby acknowledged,have GRANTED, SOLD and
CONVEYED, and by these presents do GRANT, SELL and CONVEY unto the CITY
OF BEAUMONT, P. O. Box 3827, Beaumont, Texas 77704, Jefferson County, Texas,
its successors and assigns, a temporary construction easement being thirty-five feet (35')
wide centered over the central point of the drainage easement and the right to construct,
alter, and maintain improvements on the hereinafter described lands which said easement
is under, over, in and across lands which the undersigned owns or in which the
undersigned has an interest, situated in the County of Jefferson, State of Texas,
described in Exhibit"A" attached hereto and made a part hereof for all purposes.
The temporary construction easement shall be considered null and void upon the
earlier to occur of. (i) the successful completion of construction of the drainage easement;
and (ii) June 30, 2013.
The easement herein granted shall be used for the purpose of placing,
constructing, operating, repairing, rebuilding, replacing, relocating and removing storm
sewer and appurtenances, (the "Work") subject at all times to the following conditions:
(a) Grantee shall observe all applicable laws and, to the extent
provided or made know to Grantee, all policies, procedures, protocols and
instructions of Grantor respecting safety, the environment and Grantor's
operations while performing the Work and while on Grantor's lands;
(b) Grantee shall perform the Work and exercise its rights hereunder in
such a manner as to eliminate or minimize interference with the operations
of Grantor's plant;
(c) Should the performance of the Work require Grantor to affect
Grantor's plant operations, Grantee shall provide Grantor with as much
prior notice as is practicable in the circumstances. Such notice shall be
provided in writing to the attention of Grantor's Plant Manager at least
seven business days prior to any Work and if it is impossible to provide
written notice, verbal notice to the Plant Manager shall be required and if
it is impossible to provide two business days prior notice, as much notice
as practicable in the circumstances shall be provided;
(d) Grantee shall be fully responsible for moving all equipment
(including temporary offices, trailers, spare parts, etc.) and other items
located on the land necessary to perform the Work from the area over the
temporary easement to a location or locations designated by Grantor;
(e) To the extent the Work interferes with Grantor's security fence or
the security fence of Grantor's neighbour, Grantee shall be responsible to
coordinate with such neighbour in order to keep both neighbour's and
Grantor's property secure at all times in accordance with all applicable
laws, regulations and requirements of any government or quasi-
governmental authority having appropriate jurisdiction. Such security
may include keeping a locked,manned and/or electronic fence; and
(f) To the fullest extent permitted by law and Constitution of the State
of Texas, Grantee releases Grantor from any and all liabilities and claims
of any nature arising from or in any way related to any exercise of
Grantee's rights hereunder or Grantee's or Grantee's agents' presence on
Grantor's lands.
(g) Grantee shall provide evidence satisfactory of its self-insurance
and Grantee shall ensure that any contractors going on Grantor's lands
have the following insurance:
(1) Commercial General Liability Insurance with limits of not
less than $1,000,000 on an Occurrence Basis, naming Grantor as an
Additional Insured.
(2) Automobile Liability Insurance with limits of not less than
$1,000,000 ether through Primary or Excess/Umbrella coverage.
(3) Statutory Workers Compensation Insurance with
Employers Liability with limits of not less than $500,000.
(4) Evidence of Insurance to be provided with an obligation
from insurers to provide 30 days advance notice of cancellation to
Grantor.
The following rights are also hereby conveyed:
It is expressly understood and agreed that the Grantee shall have the right of
ingress to and egress from the tract of land hereinbefore described in Exhibit "A" for the
purposes and during the temporary period as aforesaid.
After installation of the utilities, Grantee shall restore the surface of the land to
what is in Grantor's opinion acting reasonably, substantially the same condition as it was
prior to the commencement of such installation.
TO HAVE AND TO HOLD the above described easement unto the said CITY
OF BEAUMONT, its successors and assigns.
EXECUTED this day of 52013.
COMPANY NAME: CHEMTRADE REFINERY SERVICES INC.
By:
Printed Name:
Title:
ACKNOWLEDGMENT
STATE OF DELAWARE X
COUNTY OF X
BEFORE ME, the undersigned authority, on this day personally
(title) of CHEMTRADE REFINERY
SERVICES INC., known to me to be the person and officer whose name is subscribed to
the foregoing instrument, and acknowledged to me that the same was the act of the said
CHEMTRADE REFINERY SERVICE, INC. and that he executed the same for the
purpose and consideration therein expressed and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of
12013.
Notary Public, State of Delaware
RETURN TO:
City of Beaumont
Antoinette Hardy
P. O. Box 3827
Beaumont, TX 77704
EXHIBIT "A"
TRACT
15 Feet Wide Drainage Easement
Legal Description: 0.2829 Acre Drainage Easement
J.W.Bullock League, Abstract No. 7
Jefferson County, Texas
BEING a 15 feet wide drainage easement containing 0.2829 acres situated in the J. W. Bullock
League, Abstract No. 7,Jefferson County,Texas, and being out of and part of that certain called
23.144 acre tract of land as described in a "Correction Special Warranty Deed" from Arch
Chemicals, Inc. to Peak Sulfur, Inc. as recorded in Clerk's File No. 2003036794, Official Public
Records of Real Property, Jefferson County, Texas, said 0.2829 acre easement being more
particularly described as follows:
NOTE: All bearings are referenced to the Texas State Plane Coordinate System
South Central Zone NAD83(CORS96).
COMMENCING at a concrete monument with a 3" brass disc marked "Kohler" found for the
most Northeasterly corner of the said 23.144 acre Peak Sulfur, Inc. tract and being in the West
right-of-way line of the Union Pacific Railroad right-of-way(based on a width of 80 feet);
THENCE SOUTH 87011'27" WEST, along and with.the North line of the said 23.144 acre Peak
Sulfur, Inc. tract and the South line of that certain called 4.40 acre tract of land as described in a
deed from Olin Corporation to Mobil Oil Corporation as recorded in Volume 2206, Page 342,
Deed Records, Jefferson County, Texas, for a distance of 206.34 feet to the most Northeasterly
corner and the POINT OF BEGINNING of the easement herein described, said corner also
being in the Westerly line of that certain called 0.665 acre (35 feet wide) drainage easement as
described in a "Right-of-Way Agreement" from Olin Mathieson Chemical Corporation to the
City of Beaumont as recorded in Volume 1487, Page 478, Deed Records, Jefferson County,
Texas;
THENCE SOUTH 20 036'23" WEST, along and with the Westerly line of the said 0.665 acre
City of Beaumont drainage easement, for a distance of 16.35 feet to a point for corner;
THENCE SOUTH 87 011'27" WEST, parallel and 15 feet perpendicular to the North line of the
said 23.144 acre Peak Sulfur, Inc. tract, for a distance of 810.81 feet to a point for comer, said
corner being in the West line of the said 23.144 acre Peak Sulfur,Inc.tract and in the East line of
the Kansas City Southern Railroad right-of-way (based on a width of 100 feet);
THENCE NORTH 47 04635" WEST, along and with the East right-of-way line of the said
Kansas City Southern Railroad and the West line of the said 23.144 acre Peak Sulfur, Inc. tract,
for a distance of 21.20 feet to a P oint for corner, said corner being the Northwesterly corner of
he said
4 40 acre
ulfur, Inc. tract and the Southwesterly corner o f t
the said 23.144 acre Peak S ,
Mobil Oil Corporation tract;
EXHIBIT"A"
Pa e I of 3
A14RK If. WHITF.L/:l'_4;'D ASSOCL4TIES.INC:
THENCE NORTH 87°11'27" EAST, along and with the North line of the said 23.144 acre Peak
Sulfur, Inc. tract and the South line of the said 4.40 acre Mobil Oil Corporation tract, for a
distance of 832.29 feet to the POINT OF BEGINNING and containing 0.2829 Acres, more or
less.
TRACT H
35 Feet Wide Temporary Construction Easement
Legal Description: 0.6313 Acre Temporary Construction Easement
J.W.Bullock League,Abstract No. 7
Jefferson County,Texas
BEING a 35 feet wide temporary construction easement containing 0.6313 acres situated in the
J. W. Bullock League, Abstract No. 7,Jefferson County,Texas,and being out of and part of that
certain called 23.144 acre tract of land as described in a "Correction Special Warranty Deed"
from Arch Chemicals, Inc. to Peak Sulfur, Inc. as recorded in Clerk's File No. 2003036794,
Official Public Records of Real Property, Jefferson County, Texas, said 0.6313 acre easement
being more particularly described as follows:
NOTE. All bearings are referenced to the Texas State Plane Coordinate System
South Central Zone NAD83(COR596).
COMMENCING at a concrete monument with a 3" brass disc marked "Kohler" found for the
most Northeasterly corner of the said 23.144 acre Peak Sulfur, Inc. tract and being in the West
right-of-way line of the Union Pacific Railroad right-of-way(based on a width of 80 feet);
THENCE SOUTH 87 011'27" WEST,along and with the North line of the said 23.144 acre Peak
Sulfur, Inc. tract and the South line of that certain called 4.40 acre tract of land as described in a
deed from Olin Corporation to Mobil Oil Corporation as recorded in Volume 2206, Page 342,
Deed Records, Jefferson County, Texas, for a distance of 206.34 feet to a point for corner, said
corner being the Northeasterly corner of a 15 feet wide drainage easement and said corner also
being in the Westerly line of that certain called 0.665 acre (35 feet wide) drainage easement as
described in a "Right-of-Way Agreement" from Olin Mathieson Chemical Corporation to the
City of Beaumont as recorded in Volume 1487, Page 478, Deed Records, Jefferson County,
Texas;
THENCE SOUTH 20 036'23" WEST, along and with the Westerly line of the said 0.665 acre
City of Beaumont drainage easement and the Easterly line of the said 15 feet wide drainage
easement, for a distance of 16.35 feet to the most Northeasterly corner and the POINT OF
BEGINNING of the easement herein described;
THENCE SOUTH 20°36'23" WEST, continuing along and with the Westerly line of the said
0.665 acre City of Beaumont drainage easement, for a distance of 38.14 feet to a point for corner;
EXHIBIT"A"
Paize 2of3
2VI IRK 111 0 WITELrY.-AND ASsot-i,4TES.INC:
THENCE SOUTH 87011'27' WEST, parallel and 50 feet perpendicular to the North line of the
said 23.144 acre Peak Sulfur, Inc. tract, for a distance of 760.69 feet to a point for corner, said
corner being in the West line of the said 23.144 acre Peak Sulfur, Inc. tract and in the East line of
the Kansas City Southern Railroad right-of-way(based on a width of 100 feet);
THENCE NORTH 47 04635" WEST, along and with the East right-of-way line of the said
Kansas City Southern Railroad and the West line of the said 23.144 acre Peak Sulfur, Inc. tract,
for a distance of 21.20 feet to a point for corner, for a distance of 49.47 feet to a point for corner,
said corner being the Southwesterly corner of the said 15 feet wide drainage easement;
THENCE NORTH 87°11'27" EAST, along and with the South line of the said 15 feet wide
drainage easement and parallel and 15 feet perpendicular to the North line of the said 23.144 acre
Peak Sulfur, Inc. tract, for a distance of 810.81 feet to the POINT OF BEGINNING and
containing 0.6313 Acres,more or less.
This legal descri tion is being submitted along with a plat based on this survey (see EXHIBIT
"B").
IJ F
�Q.. 1b 5 T E 9•�
i Q �0%
THOMAS
. ..»......�.
Thomas S.Rowe RPLS No. 5728 ....':90 57'28o r Ott'
N.
W*1201 1\1 1.5401 11-540 Chemtrade Storm Sewer Esmot.doc S
EXHIBIT"A"
P e3of3
AIARK If. rs'1117er.ErAND,4,RVOMrEs.Inc:
OLIN ROAD POC
(PRIVATE ROAD)
�S'�►9 om M UN10N PAC977C RAMW
p`IS i1� (80' Ro w) CAL C. FND O'
AA CORNER 68 FND S2T46'06"E 1200.15' FND 527*4339'E 657.31'
(CALL 524'59 31 1200.15) (CALL 524'57'04 657.38
FL6 BEARING DISTANCE
CALLED 23.144 ACRES N20.36'23'E 16,35'
TRACT 1 \ PEAK SULFUR, INC. N87'11'27'E 810,81'
TRACT 11 CF. NO. 2003036794 N47'46'35'W 21,20'
OPRJC N87'11'27'E 832.29'
TRACT i \ N20.36'23'E 38.14'
X�8g,g8g \ N87.11'27'E 760.69'
15' DRAINAGE \ \ L7 N47.46'35'W 49.47'
\ \ 1. NNOOTHING IN THIS SURVEY IS INTENDED TO EXPRESS AN OPINION REGARDING
\ \ OWNERSHIP OR TITLE.
1 2. THE WORD CERTIFY IS UNDERSTOOD TO BE AN EXPRESSION OF PROFESSIONAL.
CALLED 4.40 ACRES 1 JUDGMENT BY THE SURVEYOR, WHICH IS BASED ON HIS BEST KNOWLEDGE, INFORMATION
MOBIL OIL CORPORATION I AND BELIEF, FORMED IN THE COURSE OF HIS PERFORMING THE SURVEY IN COMPLIANCE
VOL 2206, PG. 342 I ( WITH THE STANDARDS OF PRACTICE REWIRED AND PROMULGATED BY THE TEXAS BGARD
ORJC I SURVEYORS,VRVEYORS LAS SUCH, IT NEITHER AA SOCIETY OF PROFESSOAL
NOR A WARRANTY EXPRESSED OR IMPLIED. m
1g�• I I�
CALLED 50: ACRE J. ALL BEARINGS ARE REFERENCED TO TEXAS COORDINATE SYSTEM OF 1983. SOUTH CENIRAL ZONE �—
�SOp• (� DRAINAGE EASEMENT NAD83 {COR596). m
I CITY OF BEAUMONT C17'Y OF mmumon =
VIOL 1487, PG. 478 X
DRJC SCALE, w
I �a
i I
11-540 r��meanaourowroerarr�o
Z,W
. 1fH11'zm
I AIQD IN ORPORATPD
NSTRA I suos la> cam.
{ `
P. a mow
I w e�rar.
1 TO THE OWNERS OF THE PREMISES SURVEYED nww%,= �i.4—m""o
AS OF THE DATE OF THE SURVEY.
I THO►LaS 5. ROWE DO HEREBY CERTIFY THAT THIS SURVEY WAS THIS DAY SURVEY OF
MADE ON THE SURFACE OF THE GROUND OF THE P LEGALLY DESCRIBED TRACT 1
HEREON AND CORRECTLY REPRESENTS THE FACTS F BME 15' DRAINAGE RAMW
OF THE SURVEY O 0.2829 ACRE DRAINAGE EA =Wr
CIO •' 1 �'f" & TRACT It
C.,O 0 � 4, ERFa'-� 35' ff"ORARY CONSTRUC170N
•=H•9;,O N,A e s S s.�A CWE
0.8313 ACRE T� RARY
... ..M...... CONRUCTION EASuaw
5726 IA 7UE,Qf °S-.lz NO.EXHIBIT "B'
REFER To alliBff A' im E MN COUNTI', TEXAS
FOR LEGAL DESCRIF7M THOMAS 5 R01NE — REGISTERED PROFESSI No. 5728
E
RICH WITH OPPORTUNITY
BEAUMON*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: February 12, 2013
REQUESTED ACTION: Council consider a resolution authorizing the acquisition of
property at 2935 Washington Boulevard for the Washington
Boulevard Road Improvement Project.
BACKGROUND
As part of the Washington Boulevard Road Improvement Project, a portion of two (2) parcels of
land from Interstate 10 to ML King Parkway are being acquired. The owners of the property
listed below,has agreed to convey a portion of their property to the City:
0.0036 acre out of Lot 1 Block 1, Dixie Terrace Addition
(2935 Washington Blvd) Value: $750.00
Owners: Ora Mae Guidry Estate
FUNDING SOURCE
Capital Program.
RECOMMENDATION
Approval of the resolution.
RESOLUTION NO.
WHEREAS, an agreement has been negotiated for the acquisition of property
described below and in Exhibit "A" and shown on Exhibit "B," attached hereto, for the
Washington Boulevard Road Improvement Project:
Description: 0.0036 acre out of Lot 1, Block 1, Dixie Terrace
Addition
Address: 2935 Washington Boulevard
Owners: Ora Mae Guidry Estate
Appraised Value: $750.00
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 12th day of
February, 2013.
- 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, ORA MAE GUIDRY ESTATE, of the County of Jefferson, State of Texas,
hereinafter called GRANTOR for and in consideration of the sum of SEVEN HUNDRED
FIFTY AND NO/100 ($750.00) 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&B" 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 , 2013.
ORA MAE GUIDRY ESTATE:
LATRELL GUIDRY
DAVE GUIDRY
ACKNOWLEDGEMENT
STATE OF TEXAS X
COUNTY OF JEFFERSON X
I
This instrument was acknowledged before me on this the day of , 2013,
by LATRELL GUIDRY.
Notary Public, State of Texas
STATE OF TEXAS X
COUNTY OF JEFFERSON X
This instrument was acknowledged before me on this the day of , 2013,
DAVE GUIDRY.
Notary Public, State of Texas
RETURN TO: City of Beaumont
c/o Antoinette Hardy
P. O. Box 3827
Beaumont, Texas 77704
EXHIBIT "A"
i
Legal Description: 0.0038 Acre Tract or Parcel of Land
Out of and Part of Lot 1, Block 1
Dixie Terrace Addition
Volume 6,Page 116, Map Records
J.W. Bullock League,Abstract No. 7
Beaumont,Jefferson County,Texas
BEING a 0.0038 acre tract or parcel of land situated in the J.W. Bullock League,Abstract No. 7,
Jefferson County,Texas and being out of and part of Lot 1, Block 1 of Dixie Terrace Addition, a
subdivision of the City of Beaumont, Jefferson County, Texas, according to the plat thereof
recorded in Volume 6, Page 116, Map Records, Jefferson County, Texas and also.being out of
and part of the said Lot 1, Block 1 of Dixie Terrace Addition as described in a deed from Arthur
A. Dumm and E.F. Donohue to Dave Guidry and wife, Ora Mae Guidry as recorded in Volume
485, Page 163, Deed Records, Jefferson County, Texas, said 0.0038 acre tract being more
particularly described as follows:
NOTE: All bearings are referenced to the Texas State Plane Coordinate System
South Central Zone NAD83. All set 518"iron rods set with caps stamped"City of
Beaumont R O.W. Monument".
COMMENCING at the Southeast corner of the said Lot 1, said corner also being the Southwest
comer of Lot 2 and in the North line of Lot 4, Block 1 of the said Dixie Terrace Addition, and
from said corner a 1/2"iron rod found bears NORTH 09°12'08" EAST a distance of 0.42 feet and
said comer bears SOUTH 869T50" WEST a distance of 100.02 feet from a 5/8" iron rod found
for the Southeast corner of Lot 3,Block 1 of the said Dixie Terrace Addition;
THENCE NORTH 03°15'09" WEST, for the boundary between the said Lots 1 and 2, for a
distance of 145.52 feet to a 5/8" iron rod set for the Southeast corner and the PONT OF
BEGINNING of the tract herein described;
THENCE NORTH 89°07'47" WEST, over and across the said Lot 1 and along the proposed
South right-of-way line of Washington Boulevard, for a distance of 46.99 feet to a 5/8" iron rod
set for corner;
THENCE SOUTH 68 041'40" WEST, continuing over and across the said Lot 1 and along the
proposed South right-of-way line of Washington Boulevard,for a distance of 11.68 feet to a 5/8"
iron rod set for corner, said comer being in the West line of the said Lot 1 and in the East right-
of-way line of Donohue Street(based on a width of 60 feet);
THENCE NORTH 03 015'09" WEST, along and with the East right-of-way line of Donohue
Street, for a distance of 4.67 feet to a point for comer, said comer being the Northwest comer of
the said Lot 1 and being the intersection of the East right-of-way line of Donohue Street and the
existing South right-of-way line of Washington Boulevard(based on a width of 60 feet);
EXHIBIT"A"
Pagel of2
!trARli W. WHITELEYAND ASSOCIATES,L-VC
THENCE NORTH 86 03750" EAST, along and with the existing South right-of-way line of
Washington Boulevard and the North line of the said Lot 1, for a distance of 57.98 feet to a 1/2"
iron rod found for corner, said corner being the Northeast corner of the said Lot 1 and the
North,A,est corner of the said Lot 2;
THENCE SOUTH 03 015'09" EAST, for the boundary between the said Lots 1 and 2, for a
distance of 4.55 feet to the POINT OF BEGINNING and containing 0.0038 Acres, more or
less.
Surveyed on May 15, 2012. This legal description is being submitted along with a plat based on
this survey(see EXHIBIT "B").
% 7�g
0
j •
. .••«� S ......RQ� V�VE,
Thomas S. Rowe, S No. 5728 «s:4�sm. �:��
0 6
O••..«
W:\20 12\12-363V2-363m&b.doc S uP
EXHIBIT"A"
Pap
ze 2 of 2
d::RIC tf•: 6t HITELEYAND ASSOCIATES,INC.
4 AEKI� 7G ON BOUT'EVARD
0.0038 ACRES EXISTING RIGHT OF WAY
CALC. co 'CALL 50.00) Lo FND , '2" (CALL 100.00) FND SCRIBED X" O
CORNER L4 1. R D FND N86'37 50 E 100.02' IN CONCRETE
L2 SET R5O/DE" LI 50.01' 1 50.01'
SET 5/8" I.
I
1. ROD n O,J.�D FND SCRIBED "X" SET 5/8" -1
r IN CONCRETE i 1. ROD Q
SET 5/8" PROPOSED RIGHT OF Al W
L ROD
_ N
J I 3 z WASHINGTON
got Lot 2 got p BOULEVARD
o�
FND 1/2" 1. ROD
STAMPED 170.84'
r a ""SO
,N ^ o o FND SCRIBED V
E-+.� o " ,� ^o o IN CONCRETE
cn o DAVE GUIDRY, et. ux. o PHAT KIM TRUONG & PHAT KIM TRUONG & 2_^
o
o VOL 485, PG. 163 cft Lo LIEN THI LE LIEN THI LE W
p J DRJC CF. NO. 2001042757 CF. N0. 2001023787 rn,°� tsj
;o -� • o .^�� OPRJC i OPRJC n J H
O Z Z p I C) Z�
TOTAL ACRES 0.1997 LINE BEARING DISTANCE a
TAUNG ACRES 0.0038 L1 N89'07'47'W 46.99' o LOT 4, BLOCK 5
REMAINING ACRES 0.1959 L2 S68'41'40"W 11.68' ° BOOKER HEIGHTS
L3 NO3'15'09"W 196.70' "'o VOL 4, PG. 113
L4 N86'37'50"E 57.98' Z MRJC
L5 S03-15'09"E 4.55' °zt�
POC i
CALC.
CORNER
CALC. FND S86'37'50"W 57.98' FND S8637'50W 100.02'
CORNER (CALL 58.00) (CALL 100.00)
w
N09'12'08"E 0.42'
d-
FND 1/2" L ROD BEARS o0
1. NOTHING IN THIS SURVEY IS INTENDED TO EXPRESS AN OPINION REGARDING vo o uj
'
OWNERSHIP OR TITLE
Z THE WORD CERTIFY IS UNDERSTOOD TO BE AN EXPRESSION OF PROFESSIONAL
JUDGMENT BY THE SURVEYOR, WHICH IS BASED ON HIS BEST KNOWLEDGE, INFORMATION
AND BELIEF, FORMED IN THE COURSE OF HIS PERFORMING THE SURVEY IN COMPLIANCE Z`-
WITH THE STANDARDS OF PRACTICE REQUIRED AND PROMULGATED BY THE TEXAS BOARD p
OF PROFESSIONAL LAND SURVEYORS AND THE TEXAS SOCIETY OF PROFESSIONAL FND 1/2" �XIiIBIT "B"
SURVEYORS. AS SUCH, /f CONSTITUTES NEITHER A GUARANTEE NOR A WARRANTY, EXPRESSED OR L D
IMPLIED. REFER TO EXHIBIT A"
J. ALL SET 518" IRON RODS SET WITH A CAPS STAMPED CRY OF BEAUMONT R.O.W. MONUMENT". FOR LEGAL DESCRIPTION
4. ALL BEARINGS ARE REFERENCED TO TEXAS STATE PLANE COORDINATE SYSTEM SOUTH CENTRAL RLUMONT
ZONE NAD83.
TO THE OWNERS OF THE PREMISES SURVEYED r
"=3p, i of 1
AS OF THE DATE OF THE SURVEY: to W\2912\72-30\
Rtv
1. THOMAS S. ROWE DO HEREBY CERTIFY THAT THIS SURVEY WAS THIS DAY 12-363 12-363.DWG 0
MADE ON THE SURFACE OF THE GROUND OF 774E PROPERTY LEGALLY DESCRIBED +AIN. WHIT=
HEREON AND CORRECTLY REPRESENTS THE FACTS FOUND AT THE TIME D ASSOCIATES
OF THE SURVEY. INCORPORATED
1IIiG IIfGIIiIDt3DATE SURVEYED• MAY 15 2012 0t= M M PLAIRM
o •
.NH....•N.«M•N•NN. a w rw=".1
HQMAS N•S. ROWS 0.0038 ACRB TRACT OR PABCSL OF LAND
.•••�•N•.N•NMNNNN•N
5728 P:Q OUT OF AND PART OF LOT 1, BLACK I
92 '�E s s C,•'.�O DMZ TERRACE ADDITION
�•''••••••••��
VOLUMES, PAGE 116, MAP RECORDS
THOMAS S. ROWE - REGISTERED PROFESSIO URVEYOR No. 5728 J.W. BULLOCK LEAGUE, ABSTRACT NO. 7
BEAUYONT, ]E TWON COUNTY, M&S
EXHIBIT "B"
RICK WITR OPPORTUNITT
BEAUMON*
T * Z * X, A * 8
REGULAR MEETING OF THE CITY COUNCIL
COUNCIL CHAMBERS FEBRUARY 12,2013 1:30 P.M.
AGENDA
CALL TO ORDER
* Invocation Pledge Roll Call
* Presentations and Recognition
* Public Comment: Persons may speak on scheduled agenda items 1-3/Consent
Agenda
* Consent Agenda
GENERAL BUSINESS
1. Consider an ordinance amending Ordinance 13-006 to provide an additional early
voting location
2. Consider a resolution approving a contract for asphaltic concrete pavement
placement for use by the Streets and Drainage Division
3. Consider a resolution approving the purchase of a gradall for use by the Streets
and Drainage Division
COMMENTS
* Councilmembers/City Manager comment on various matters
* Public Comment(Persons are limited to 3 minutes)
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.
i
1
February 12,2013
Consider an ordinance amending Ordinance 13-006 to provide an additional early voting location
RICH WITH OPPORTUNITY
BEAUMON*
T • R • X • A • s City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Tina Broussard, City Clerk, TRMC
MEETING DATE: February 12, 2013
REQUESTED ACTION: Council to consider an Ordinance amending Ordinance 13-
006 to provide an additional early voting location.
BACKGROUND
Council passed Ordinance 13-006 on January 29, 2013, calling the City of Beaumont General
Election to order, approving all polling locations and early voting locations. The County Clerk
will be conducting joint elections for the City of Beaumont, BISD and the Port of Beaumont, and
for a special election to create Emergency Services District No. 4. An early voting location must
be located within the geographic boundaries of the proposed Emergency Services District as one
was not provided for in Ordinance 13-006. Accordingly, an additional early voting location is
being added at the Jefferson County J.P. Pct. 4 Building and will be available for early voting for
all elections.
FUNDING SOURCE
This additional early voting location will not impact the City of Beaumont's cost for their portion
of the election.
RECOMMENDATION
Approval of Ordinance.
i
ORDINANCE NO.
ENTITLED AN ORDINANCE AMENDING ORDINANCE NO. 13-
006 TO PROVIDE AN ADDITIONAL EARLY VOTING
LOCATION FOR THE ELECTION TO BE HELD THE 11TH OF
MAY, 2013.
WHEREAS, on January 29, 2013,the City Council approved Ordinance No. 13-006
providing for a general election to be held on the 11th of May, 2013 for the purpose of
electing a Mayor, four (4) Ward Councilmembers (Wards I, Il, III and IV) and two (2)
Councilmembers-At-Large, designating polling places and appointing election official for
such election, providing the form of the ballot at such election, directing the giving of notice
of such election, providing for a joint election with the Beaumont Independent School
District and Port of Beaumont, and containing other provisions relating to the subject; and,
WHEREAS, a special election has been called to create Emergency Services
District No. 4 ("EMS Dist. #4), which necessitates the addition of an early voting location
inside the geographic boundaries of proposed EMS Dist. #4; and,
WHEREAS, the participants of the joint election have decided to add an early voting
branch location within the geographic boundaries of the proposed EMS Dist. #4 at the
Jefferson County J.P. Pct. 4 Building, 19217 FM 365, Beaumont, Texas 77705 and same
shall be available for early voting for all elections;
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,
THAT Ordinance No. 13-006 is hereby only amended to provide an additional early
voting branch location at the Jefferson County J.P. Pct. 4 Building, 19217 FM 365,
Beaumont, Texas 77705 and shall be available to all voters for all elections; and,
BE IT FURTHER ORDAINED THAT otherwise, this ordinance does not amend
Ordinance No. 13-006 and same shall remain in full force and effect.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 12th day of
February, 2013.
- Mayor Becky Ames -
2
February 12,2013
Consider a resolution approving a contract for asphaltic concrete pavement placement for use by
the Streets and Drainage Division
RICH WITH OPPORTUNITY
BEAUMOK*
I
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: February 12, 2013
REQUESTED ACTION: Council consider a resolution approving the award of a
contract to LD Construction, Inc., of Beaumont, for
asphaltic concrete pavement placement in the amount of
$855,750 for use by the Streets and Drainage Division.
BACKGROUND
Bids were requested for a one (1)year contract for the placement of hot mix asphaltic concrete
(HMAC)pavement. HMAC is used for repairs to large street sections in the Street Rehabilitation
Program.
The vendor will provide the equipment and manpower to lay the asphaltic concrete according to
City specifications with the materials being supplied by the City.
Five(5)vendors were notified,with two(2)bids being submitted. Low valid bid was received
from LD Construction, Inc.,the current holder of this contract. The bid submitted by CMM
Construction, Inc., was rejected as the contractor failed to attend the mandatory pre-bid
conference which was a requirement of the solicitation. The price bid represents and increase of
approximately$0.05 per square yard or 41/6 over the current contract.
FUNDING SOURCE
Capital Program.
RECOMWENDATION
Approval of resolution.
RESOLUTION NO.
WHEREAS, bids were solicited for a one (1) year contract for the purchase of hot
mix asphaltic concrete(HMAC)pavement for use by the Public Works Department, Streets
and Drainage Division; and,
WHEREAS, LD Construction, Inc., of Beaumont, Texas, submitted a bid in the
estimated amount of$855,750 in the unit amounts shown on Exhibit"A,"attached hereto;
and,
WHEREAS, City Council is of the opinion that the bid submitted by LD Construction,
Inc., 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 LD Construction, of Beaumont, Texas,for a one(1)year
contract for the purchase of hot mix asphaltic concrete (HMAC) pavement for the Public
Works Department, Streets and Drainage Division, in the estimated amount of$855,750
pursuant to the unit amounts shown in Exhibit"A,"attached hereto, 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 LD Construction, of Beaumont, Texas, for the
purposes described herein.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 12th day of
February, 2013.
- Mayor Becky Ames -
•=an WITS OPPOSTUNITT CITY OF BEAUMONT, BEAUMONT,TEXAS
BEAUNONPURCHASING DIVISION BID TABULATION
r • s - z - w • s
Bid Name: Annual Contract for Hot Mix Asphaltic Concrete Pavement Placement, F
Bid Number: BF0113-09
Bid Opening: Thursday,January 31,2013
Contact Person: Robert(Bob) Hollar, Buyer II
rhollarftci,beaumont.tx.us
Phone: 409-880-3758
Vendor LD Construction CMM Construction
City/State Beaumont Beaumont
Phone or Fax No. 409 86&7267 (409 899-2360
rMe Noyd I Toth Prke I Price s d I Total Price
1-120 2.651 $ 92,750.00
35,000 1201-36001 S 1.20 42,000.00 $ 1.12 $ 39,200.00
140 000 6 + $ 1.201 $ 168,000.00 $ 1.12 $ 156,800.00
Price sq Total Price
0 1-1 00 y 5 13,7 0.00
5,000
1201-36001 $ 1.40 $ 7,000.00 $ 1.30 $ 6,500.00
10 000 0 + 1.40 $ 14,000.00 $ 1.30 $ 13,000.00
I Qty Price rice ota rice
, 1-1 0 2.65 106,00,0.00
40,000 1- 1.201 S 48,000.001 $ 1.20 48,000.00
150,000 00+ 1.201 $ 180,000.00 $ 1.20 $ 180,000.00
W
Price ce sq1ydj Total Price
10,000 St Radius 1 $ 2.2S 1 $ , 0 4.05 40,500.00
10,000 Driveways 4.25 S 42,50,0, 0 4.05 $ 40,500.00
ce 61 Price
75,000 1. 138,750.00 1 NO BID
tTo on F ex , 6 0 4 NO BID
on Conc 18 4,000.00 $ 72,000.00
i 7 3 7,
.
Bid rejected - did not atten
No Response: APAC, BRYSTAR mandatory pre-bid, did not
bid fabric requirements.
EXHIBIT "A"
3
February 12,2013
Consider a resolution approving the purchase of a gradall for use by the Streets and Drainage
Division
RICH WITH OPPORTUNITY
BEAUMON*
T • E • X a A - 8 City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Laura Clark, Chief Financial Officer��
MEETING DATE: February 12, 2013
REQUESTED ACTION: Council consider a resolution approving the purchase of a
gradall from Hi-Way Equipment of Beaumont in the
amount of$307,313.07 for use by the Streets and Drainage
Division.
BACKGROUND
The gradall will be used to excavate drainage ditches on a continuing maintenance schedule to
remove sediment buildup and prevent flooding. Fall structures where City ditches meet the
drainage district's large flow systems will also be cleared with the gradall. The gradall will
replace Unit 5125, a 1997 model that has become unreliable and expensive to repair and
maintain. The old unit will be disposed of according to the City's surplus property disposal
policies.
Pricing for the equipment 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.
Manufacturer's warranty for the gradall is one year or one thousand(1,000)hours. Warranty
service is available from the local dealer. Delivery is expected in approximately sixty(60)days.
FUNDING SOURCE
Lease Purchase Agreement with the first debt payment planned for in the FY 2014 Budget-
Capital Reserve 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 approve the purchase of a
gradall from Hi-Way Equipment, of Beaumont, Texas, in the amount of $307,313.07
through the Houston-Galveston Area Council (H-GAC) Cooperative Purchasing Program
for use by the Streets and Drainage Division.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the12th day of
February, 2013.
- Mayor Becky Ames -