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REGULAR MEETING OF THE CITY COUNCIL
COUNCIL CIIAMDERS JUNE 4,2013 1:30 P.M.
CONSENT AGENDA
* Approval of minutes-May 21, 2013
* Confirmation of committee appointments
A) Approve rescinding Resolution Number 13-069 and approve a new resolution authorizing
the City Manager to enter into a contract with Spindletop Housing Corporation related to
the use of HOME funds
B) Approve a resolution authorizing the City Manager,or his designee,to enter into an
agreement with the Rape and Suicide Crisis Center of Southeast Texas, Inc.
C) Approve a resolution authorizing the City Manager,or his designee,to execute a
Memorandum of Agreement between the Beaumont Police Department and ATF Task
Force
D) Approve a resolution approving a contract for the 2013 Summer Food Service Program
E) Approve a resolution amending an agreement for placement of additional fiber optic
cable in the public right-of-way
RICH WITH OPPORTUNITY
BE T • T % • A S
City CouncH Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Chris Boone, Community Development Director
MEETING DATE: June 4, 2013
REQUESTED ACTION: Council consider rescinding Resolution Number 13-069 and
approve a new resolution authorizing the City Manager to
enter into a contract with Spindletop Housing Corporation
related to the use of HOME funds.
BACKGROUND
At its March 26,2013 meeting, City Council approved a resolution to authorize the City Manager
to enter into a contract with Spindletop N00 4R Services for a$363,211 HOME fund grant for an
affordable housing project. In preparation for the project's closing, Spindletop MHMR is now
requesting that the contract be in the name of Spindletop Housing Corporation, a single entity
corporation associated with this development.
The $363,933 grant from the 2011 and 2012 HOME program allocations is related to the
construction of a fifteen(15)unit development to provide affordable housing for individuals who
are homeless or at risk of becoming homeless, and who have a mental illness,an intellectual
developmental disability, a substance abuse disorder or a combination of these disabilities.
Spindletop MHMR was awarded an 811 grant in the amount of$1,521,200 from the Department of
Housing and Urban Development for this project, estimated to cost$2,085,133. With
Spindletop's match of$200,000,the provision of$363,211 in HOME funds would substantially
fill this funding gap, making the project viable.
FUNDING SOURCE
Funds will come from the 2011 HOME program($53,000)and the 2012 HOME program
($310,211).
RECOMMENDATION
Approval of the resolution.
SPINDLETOP HOUSING CORPORATION HOME ALLOCATION FUNDING AGREEMENT
between the
CITY OF BEAUMONT
and the
Spindi op Housing Corporation
This Community Housing Development Allocation Funding Agreement(Agreement hereinafter)is
made and entered into by and between the CITY OF BEAUMONT,a Home Rule Municipal Corporation
incorporated under the laws of the State of Texas(City hereinafter),and the SRP Housing
CgaWn i M Services a non-profit organization(SPINDLETOP HOUSING CORPORATION
hereinafter), located at 655 S. e Street,$eaumont.Texas 77701.
WHEREAS,the City of Beaumont has received a HOME grant from the United Sues Department of
Housing and.Urban Development(HOME Program No. M-11-MC-48-0201 and M-12-MC-48-0201);
WHEREAS, the City has the objective of providing for the development of low-to-moderate income
housing for residents of the City through its Community Development Division;
WHEREAS,the Spiadletop Housing Corporation,through its express purpose as set forth in its corporate
bylaws,shares this common goal with the City(SPINDLETOP HOUSING CORPORATION hereinafter);
WHEREAS, pursuant to the authority of Resolution Number#13-069, passed by the Beaumont City
Council on 03/26113 the Sgindl Housing C rporation will enter into a contract with t City for 2911{
HOME funds totaling Fifty-Three Thousand Dollars and no/100($53,000.00)and for 2012 HOME funds
totaling Three Hundred Ten Thousand,Two Hundred and Eleven Dollars and n0100($314,211.00);
WHEREAS, The HOME allocation of Three Hundred Sixty-three Thousand,Two Hundred and
Eleven Dollars and no/100($363,211.00)will be used for the eligible project costs related to the development
and construction of up to fifteen(15)units. Such housing will provide decent,safe and sanitary housing for
eligible families;
WHEREAS,the City desires to assist the SPINDLETOP HOUSING CORPORATION in providing for
the construction of low-to-moderate income housing through funds provided by HUD's Home Investment
Partnerships Program(HOME Program);
NOW, THEREFORE,FOR AND IN CONSIDERATION of the mutual purposes and obligations set
forth herein,the City and SPINDLETOP HOUSING CORPORATION covenant and agree as follows:
This Agreement sets forth the understanding of the parties concerning the City's HOME allocation as
approved by HUD. It is the intent of this Agreement to outline what eligible activities and procedures the
SPINDLETOP HOUSING CORPORATION must comply with in order to qualify for a portion of the City's
HOME set aside. The parties have severally and collectively agreed,and by the execution hereof are bound,to
the mutual obligations and to the performance and accomplishment of the tasks described herein.
n 1;:C 's-,i h11111 s
A. The Community Development administrator,or other designated Community Development Staff;will
act as liaison on behalf of the City.
B. The City agrees to assume overall responsibility as the Grantee for ensuring that the Housing
Assistance programs using HOME funds are carried out in accordance with the HOME INVESTMENT
PARTNERSHIPS PROGRAM. The City shall complete and provide documentation as required by HUD for
program reporting requirements.
C. The City agrees to pay eligible costs,up to a maximum total amount of Three Hundred Sixty-Three
Thousand,Two Hundred and Eleven dollars and no/100($363,211.00)on a reimbursement basis to the
SPINDLETOP HOUSING CORPORATION for eligible activities,carried out within the City's jurisdictional
boundaries. Specifically, activities carried out will include costs associated with site preparation and/or
construction costs,including clearing and site preparation,foundation,building,plumbing,electrical,HVAC,
parking and/or lighting improvements. The construction of at least fifteen (15) units will provide low to
moderate income persons with disabilities and that are at or below 60% of the median income to live as
independently as possible. Costs will be reimbursed as set forth in the program budget.
D. SPINDLETOP HOUSING CORPORATION agrees that an annual audit report is a condition of
funding,and that the City of Beaumont will secure an acceptable audit engagement letter for the 2012 audit
report by October 31,2013. The completed 2012 audit report will be provided to both parties by December
31,2013.
Section 2-Snindleton Housing Corporation Res nsibilities
A. The Executive.Director for the SPINDLETOP HOUSING CORPORATION , or other designated
SPINDLETOP HOUSING CORPORATION staff, will act as liaison on behalf of the SPINDLETOP
HOUSING CORPORATION.
B. SPINDLETOP HOUSING CORPORATION agrees to execute any and all documents requested by the
City for compliance with the HOME Investment Partnership Program, as specified in 24 CFR 92.505(b)
(attached hereto as Exhibit A) and agrees to comply with all uniform administrative requirements and
standards as more particularly described in OMB Circular A-110(Uniform Administrative Requirements for
Grants and Cooperative Agreements to State and Local Governments.
C. SPINDLETOP HOUSING CORPORATION agrees to comply with the Federal Labor Standards
Provisions of the U.S.Department of Housing and Urban Development,Section 3 Provision of the(HUD)Act
of 1968,all Fair Housing Laws and Presidential Executive Orders and The National Environmental Policy Act
of 1969 as amended. (copies of each are attached)
D. SPINDLETOP HOUSING CORPORATION agrees to assure that all construction projects will meet
or exceed all written locally adopted Property Standards as well as all applicable local and state codes and other
federal requirements. Within ninety(90) days of the execution of this agreement,the SOW L"letop Housing
Corporation will adopt the City's construction specifications and standards to be used on projects funded by
this agreement. Where applicable, all floor plans must be certified as having met or exceeded the Model
Energy Code prior to construction. Variations°from these standards should be approved in writing by-the••-
City's representative. Quality and affordability shall be the criteria used to determine whether a requested
variance will be approved.
E. SPINDLETOP HOUSING CORPORATION agrees to complete all new construction projects within
two years from the date of this agreement,or by federally required deadlines,whichever is sooner.For projects
including acquisition for new construction,the construction must begin within one(1)year of the acquisition
of the property. The issuance of a building permit will constitute start of construction.If construction cannot
be commenced by its start date as set out in Exhibit A,the SPINDLETOP HOUSING CORPORATION shall
notify the City in writing at least 30 days prior to the commencement date of the specific nature of the events
that prevent the commencement of construction. The City shall either approve a new commencement date or
deny the request for extension. The decision of the City's representative shall be final. If a new start date is
not approved, funds allocable to the structure will be removed from the contract and the SPINDLETOP
HOUSING CORPORATION will be required to deed to the City any real property provided.
F. SPINDLETOP HOUSING CORPORATION agrees to provide the City full and complete
documentation of all eligible acquisition,materials,professional fees and labor expenses fourteen(14)calendar
days prior to the requested reimbursement date. All eligible expenses must be already paid in full by
SPINDLETOP HOUSING CORPORATION prior to submittal to the City. The Community Development
Grants Coordinator may waive this requirement to facilitate program goals and objectives.
G. SPINDLETOP HOUSING CORPORATION also agrees to make all files on projects/programs funded
by this agreement available for inspection by City stall:- SPINDLETOP HOUSING CORPORATION-wi114_.,
report any project and/or program delays or modifications and await City approval before proceeding.
SPINDLETOP HOUSING CORPORATION will also report any instances of client fraud or program abuse to
the City.
H. SPINDLETOP HOUSING CORPORATION agrees to refund all HOME funds found to have been
used for ineligible and/or unapproved programs or activities. These repayments will be made within thirty(30)
days of notification by the City of the ineligible expenditures.
I. SPINDLETOP MHMR agrees to meet with the City to discuss progress or concerns as the need arises
and at the City's request. SPINDLETOP HOUSING CORPORATION agrees that the Program will be
administered according to all applicable regulations and guidelines per the City of Beaumont's 2010 Action
Plan(as it may be amended),program design criteria and construction standards.
J. SPINDLETOP HOUSING CORPORATION agrees to secure the financial match requirements for M-
11-MC48-0201 and M-12-MC48-0201,HOME funds. The financial funding match requirement is 25%of
total expenditures less SPINDLETOP HOUSING CORPORATION Operating funds.
K. SPINDLETOP HOUSING CORPORATION agrees that the City will provide the SPINDLETOP
HOUSING CORPORATION with Three Hundred Sixty-Three Thousand,Two Hundred and Eleven
Dollars and no/100($363,211.00)of 2011/2012 HOME funds to be available through the City's draw process
on or after the effective date of this contract. Payment shall be made directly to the SPINDLETOP HOUSING
CORPORATION, upon receipt of invoices or payment vouchers from SPINDLETOP HOUSING
CORPORATION certifying that all requirements have been met.
L. The SPINDLETOP HOUSING CORPORATION also understands and agrees to adhere to the City's
procurement process.The City shall reserve the right to investigate,examine and monitor,at any time,any and
all such records relating to the operations or expenditures of SPINDLETOP HOUSING CORPORATION
under this Agreement.
Section 3-General Terms
A. This Agreement shall be fully executed in writing by both parties, and extend from April 1,2013
through April 1,2014.With agreement by both parties,the Agreement may be extended for a time specified in
a jointly signed and approved term extension memorandum, not to exceed 24 months from the original
effective date.
B. This Agreement and the rights and obligations contained herein may not be assigned by either party.
C. This Agreement has been made under,and shall be governed by,the laws of the State of Texas. The
parties agree that performance and all matters related thereto shall be in Beaumont,Texas.
D. This Agreement may only be amended by written instrument,approved and executed by both parties.
E. The City may terminate this agreement if at any time, after a thirty-day written notice, the
SPINDLETOP HOUSING CORPORATION is found to have violated any federal,state or local requirements,
for nonperformance of the terms of this agreement,or upon the unavailability of HOME€cads.
F. It is expressly understood and agreed by and between the City and the SPINDLETOP HOUSING
CORPORATION that this Agreement is wholly conditioned upon the actual availability of federal HOME
funds allocated to the City by the U S Department ofHousing and Urban Development(HOME Program No.
M-11-MC48-0201 and M-12-MC48-0201), and that all monies distributed to, or in behalf of the,
SPINDLETOP HOUSING CORPORATION hereunder shall be exclusively from federal monies received
under said HOME Program,and not from any other monies of the City.
G. This Agreement does not provide for any administrative and/or operating costs incurred by the
SPINDLETOP HOUSING CORPORATION.
H. If any provision(s)of this Agreement shall be held to be invalid,illegal,or unenforceable by a court,by
HUD,or other competent tribunal,the validity,legality,and enforceability of the remaining provisions shall
not be impaired thereby. In such event, the parties hereby agree to use their best efforts to replace the
respective provision or provisions with terms and conditions approximating the original intent of the parties
and conforming in all respects with applicable law and HUD regulations and directives.
I. The failure of the City to insist upon the performance of any term or provision of this agreement or to
exercise any right herein conferred shall not be construed as a waiver or relinquishment to any extent of the
City's right to assert or rely upon any such term or right on any future occasion.
J. This written instrument and attachments constitute the entire agreement by the parties hereto
concerning the matter performed hereunder and any prior or contemporaneous,oral or written agreement which
purports to vary from the terms hereof shall be void.
K. SPINDLETOP HOUSING CORPORATION covenants and agrees to hold harmless the City and its
officers, agents, servants and employees, from and against any and all claims or suits for property loss or
damage and personal injury,including death to any and all persons,or whatever kind of character whether real
or asserted, arising out of or in connection with the execution,performance,attempted performance or non-
performance of this contract and agreement and the operations,activities and services of the program described
herein, whether or not caused, in whole or in part, by alleged negligence of officers, agents, servants,
employees,contractors,or sub-contractors of the City.
L. No officer,employee or member of SPINDLETOP HOUSING CORPORATION or SPINDLETOP
HOUSING CORPORATION's subcontractors shall have a financial interest,direct or indirect,in this contract
or the monies transferred hereunder,or be financially interested,directly or indirectly,in any contract relating
to the operations conducted by it, nor in any contract for furnishing services or supplies to SPINDLETOP
HOUSING CORPORATION. Any willful violation of this paragraph with the knowledge, expressed or
implied, of SPINDLETOP HOUSING CORPORATION or its subcontractors, shall render this contract
voidable by the City of Beaumont.
M. No grants shall be made by SPINDLETOP HOUSING CORPORATION to its directors or officers,
either directly or indirectly, through family members, business partners or employees. SPINDLETOP
HOUSING CORPORATION agrees that no HOME funds shall be used, either directly or indirectly, for
religious purposes. Any willful violation of this paragraph with the knowledge, expressed or implied, of
SPINDLETOP HOUSING CORPORATION shall render this contract voidable by the City.
N. SPINDLETOP HOUSING CORPORATION covenants and agrees that its officers,members,agents,
employees,program participants and subcontractors shall abide by and comply with federal, state and local
laws, including all ordinances, rules and regulations of the City of Beaumont,as amended. SPINDLETOP
HOUSING CORPORATION further covenants and agrees that it will fully comply with the terms and
conditions of the HOME Program,under which these funds are granted.
O. Each party has the full power and authority to enter into and perform this Agreement,and the person
signing on behalf of each party has been properly authorized and empowered to execute this Agreement.
P. The parties hereby acknowledge that they have read,understand,and intend to be bound by the terms
and conditions contained herein.
Spindletop Housing Corporation
By:
Sally Broussard,Chief Authority Officer Date
STATE OF TEXAS '
ACKNOWLEDGMENT
CITY OF BEAUMONT
This instrument was acknowledged before me on the day of , 2013, by
as of Snindletop Housing Comma non-profit
organization,on behalf of said organization.
Notary Public in and for the State of Texas
CITY OF BEAUMONT
By:
Kyle Hayes,City Manager Date
ATTEST:
By:
Tina Broussard,City Clerk Date
DEFINITIONS
Fair market rent(FMR).The rent, including the cost of utilities(except telephone),that would be required
to be paid in the housing market area to obtain privately owned,existing,decent,safe and sanitary rental
housing of modest(non-luxury)nature with suitable amenities.Fair market rents for existing housing are
established by HUD for housing units of varying sizes(number of bedrooms),and are published in the
Federal Register in accordance with 24 CFR part 888.
Initial lease term.The initial term of the assisted lease. The initial lease term must be for at least one year.
Initial contract rent. In the certificate program,the contract rent at the beginning of the initial lease term.
Lease. (1)A written agreement between an owner and a tenant for the leasing of a dwelling unit to the
tenant. The lease establishes the conditions for occupancy of the dwelling unit.
RESOLUTION NO.
WHEREAS, on March 26, 2013, the City Council of the City of Beaumont passed
Resolution No. 13-069 authorizing the City Manager to execute a contract with Spindletop
MHMR Services to grant$363,211 in 2011 and 2012 HOME funds in connection with an
affordable housing project located within the 2700 Block of South 8"' Street; and,
WHEREAS, Spindletop MHMR has requested that the contract be in the name of
Spindletop Housing Corporation, a single entity corporation associated with the housing
development;
and
WHEREAS, the Council would need to rescind Resolution No. 13-069 in order to
enter into a contract with Spindletop Housing Corporation to grant$363,211 in 2011 and
2012 HOME funds in connection with an affordable housing project located within the 2700
Block of South 8"' Street;
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 Resolution No.13-069 is hereby and forevermore rescinded; and,
BE IT FURTHER RESOLVED THAT the City Manager be and he is hereby
authorized to execute a contract with Spindletop Housing Corporation to grant$363,211
in 2011 and 2012 HOME funds in connection with an affordable housing project located
within the 2700 Block of South 8"' Street.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 4th day of June,
2013.
- Mayor Becky Ames -
B
RICH WITH OPPORTUNITY I*"
B:EA,,#,W T . Z . g A S City
Council Aeenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: James P. Singletary, Chief of Police
MEETING DATE: June 4, 2013
REQUESTED ACTION: Council consider a resolution authorizing the City Manager,
or his designee,to enter into an agreement with the Rape
and Suicide Crisis Center of Southeast Texas, Inc.
BACKGROUND
Since 2009,we have been in a cooperative working agreement with the Rape and Suicide Crisis
Center of Southeast Texas. This agreement is a collaboration between several agencies to
provide a continuous service as needed for sexual assault survivors and other victims of crime.
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 or his designee be and they are hereby authorized to execute a
Cooperative Working Agreement between the Beaumont Police Department and Rape and
Suicide Crisis Center of Southeast Texas, Inc. for the collaboration between several
agencies to provide a continuum of service as needed for sexual assault survivors and
other victims of crime. Said Memorandum of 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 4th day of June,
2013.
- Mayor Becky Ames -
2013-2015
Rope and Suiaeide Crisis Center of So"east Texas; Me-
7M wwmsg ggneeartent a recgpulzed as a cooperages co!labeere m between ewh qpw7 UMd beb w
79Ye prapar is to provide a conitnnmm of serviees as weeded for saeartal anau t survivors and odlrer
vices of crime- 7*e signawre of each agency's reprewxtatives aeknanie4es proof of coopereaasa.
` ' "d 'sIINa"for
• Designate a liaison to serve on the Sexual Assault Response Team(SARI)and to saws as the agency's
contact person;
• Use Sexual Assauk Nurse Examiners(SANEs)as witnesses during a sexual assault trial;
• Provide reasonable notification of upcoming trials to the SANE who will be called to testify,
• Meet with the SANE prior to a trial to review the case;and
• Maintain communication and contact with the SART and other involved agencies,including regular
participation at the Southeast Texas Sexual Assault Task Force meetings.
• Refer sexual assault patients to the CHWTUS St.Eliltaballb Modal SANE Tom,Child
Abtste&Forensic;Services,Saptist,Ho*PNnl of Southeast Texas Osaumtrnt or the
Medical Center of Southeast Texas SANE Team,as appropriate;
• Demonstrate an average of 64 minutes responsetime$om the time the call is received to time advocate
arrives in the emergency dcpart nent,on scene,or at location with victim;
• Follow established protocols with CHRMffM 9L 111111W HO Maul ChNd Abuse ii
Forensic Services,Bapftt HonsVW of Soultseest Taxes Beaurnont or Un Medical
ConW of Southeast Taxes for advocates in the examining room;
• Be available for survivors of all ages,their family members and friends,as requested;
• Maintain communication and contact with involved agencies,including,but not limited to law
Co=mty or Dkdrict mrft,Justice or the Peace,the Texas Department of Family and
Protective Services,and the Garth Hoare.
• Refer victims/survivors to appropriate agencies for additional services(for Hardin County.Hardin
County Indigent Care,Hardin County Warren,Infant and Children.)
9Vlr+d AW4 4'bafly imp; 'foot,Om"sdr*Oty,ad Tyror
• Designate a liaison to serve on the SART and to serve as the agency's contact person;
• Refer sexual assault patients to the GNUS St.E Hospital SANE Team,Child
Abuse&Forensic Searvices,Bsplfst Mt>9rOietl of Sou dmM Texas Sesum ant or the
Medical Canter of Southeast Texas SANE Team,as appropriate;
• Follow established protocol to noti fy SANE team that a sexual assault survivor is being transported;
• Provide a care or incident report number,
• Receive forensic evidence that has been collected from the survivor and/or perpetrator,
• Follow law enforcement established protocol regarding evidence collection and storage;and
• Maintain communication and contact with the SARI'and other involved agencies,including regular
participation at the Southeast Texas Sexual Assault Task Force meetings.
EXHIBIT "A"
atSUM4 Girls af.S`ae st I=VMS to:
• Designate a liaison to serve on the SART and to serve as the agency's contact person;
• Refer sexual assault survivors at CHRISTUS SL Elisabeth Hospital SA.vE Team,Child
Abut*&forensic Servlces,Baptist Hospital of Southeast Texas Beaumont or the
Veridical Center of Southeast Texas SANE Team,as appropriate;
• Demonstrate an average 60 minute response time from time call is received to time advocate arrives in
the emergency department,
• Follow established protocols with CHWITUS St.Elizabeth Hospital,Child Abu"&
Forensic Sovica,Bapdat Hospital of Southeast Texas Beaumont or the Medical
Center of SODUU mt Texas for advocates in the examining room;
• Be available for survivors of all ages,their family members and friends;
• Maintain communication and contact with SARI and other involved agencies,including regular
participation at the Southeast Texas Sexual Assault Task Force meetings.
rigs Gdrd 9Yottaa agrm to
• Designate a liaison to serve on the SART and to serve as the agency's contact person;
• Refer child survivors of sexual assault to CHRiSTUS St Elizabeth Hospital SA.N Team,
Child Abuse&Forensic Services ,Banat Hospital of Southeast Texas Beaumont
or the Medical Center of Southeast Texas SAINE Team as appropriate;
• Demonstrate an average 60 minute response time from time is received to time advocate arrives in the
emergency department;
• Follow established protocols with CHRiSTUS St.Elizabeth Hospital,Churl Abuse do Forensic
Services,Saptist Hospital of Southeast Texas Beaumont or the Medical Center of
Southeast Texas for advocates in the examining room;
• Be available for survivors of all ages,their family members and friends;
• Maintain communication with the SART and other involved agencies,including regular participation at
the Southeast Texas Sexual Assault Task Force meetings.
?fns TkW Oepotsettt of'Famr£y as dittectim Sandra(MIM)egren to
• Designate a liaison for the SART to contact;
• Refer child survivors of sexual assault to CHRISTUS St.Elizabeth Hospital SAVE team,Child
Abuse&Forensic Services,Baptist Hospital of Southeast Texas Beaumont or the
Medical Center of Southeast Texas SANE team as appropriate;
• Contact Court Appointed Special Advocates liaison if child is in foster care system;
• Maintain communications and contact with the SARI and other involved agencies,including regular
participation at the Southeast Texas Assault Task Force Meeting.
L'Wf�rtlttse eZ(ForertstC.stPV m agms to
• Designate a liaison to serve on the SART and to serve as the agency's contact person;
• Demonstrate an average sixty(60)minute response from the time of call received to time SANE arrives
in Emergency Department;
• Notify Rape&Suicide Crisis of Southeast Texas,Inc. that a survivor is being
transported/has arrived;
• Provide Rape&Suicide Crisis of Southeast Texas, Inc. the opportunity to establish a
relationship with the survivor(s),if survivor agrees. This includes survivors of all ages,their family
members,and friends;
• Provide consistency in the sexual assault examination of survivors;
• Provide consistency in the evidence collection from perpetrators;
• Have sexual assault evidence collection kit available;
• SANEs will provide a copy of evidence collection and/or all other documentation pertaining to sexual
assault exam to law enforcement agency;
• Maintain chain of fomnsic evidence and hand off to taw enforcement agent;
• Properly prepare for upcoming hearings;
• Meet with District Attorney to review the case;
• Maintain contact with the District Attorney's office,
• Notify the District Attorney's office of address and/or telephone number changes;and
• Maintain communication and contact with the SART and other involved agencies,including regular
participation at the Southeast Texas Sexual Assault Task Force meetings
4&s Sam loam of cNWJS7Vs MforpadA$mtats to.
• Designate a uahon to serve on the SART and to serve as the agency's contact person;
• Notify Rape&Suicide Crisis of Southeast Texas,Inc. that a survivor is being
transporte etas arrived;
• Demonswate an average sixty(60)minute response from the time of call received to time SANE arrives
in Emergency Department;
• If a child survivor has Court Appointed Special Advocate CHRISTUS Hospital agrees to notify Court
Appointed Special Advocates of child arrival;
• Provide Rape&Suicide Crisis of Southeast Texas, Inc. the opportunity to establish a
relationship with the survivor(s),if survivor agrees. This includes survivors of all ages,their family
members,and friends;
• Provide consistency in the sexual assault examination of survivors;
• Provide consistency in the evidence collection from perpetrators;
• Have sexual assault evidence collection kit available;
• CHRISTUS Hospital will provide a copy of evidence collection and/or all other documentation
pertaining to sexual assault exam to taw enforcement agency;
• Maintain chain of forensic evidence and hand off to law enforcement agent;
• Properly prepare for upcoming hearings;
• Meet with District Attorney to review the case;
• Maintain contact with the District Attorney's office;
• Notify the District Attorney's office of address and/or telephone number changes;and
• Maintain communication and contact with the SARI and other involved agencies,including regular
participation at the Southeast Texas Sexual Assault Task Force meetings.
Court AppotrttarfSpaciafAd4 a#at uim to:
• Designate a liaison for the Southeast Texas Sexual Assault Task Force to contact.
• Demonstrate a thirty-minute response from time of call received to time advocate arrives in emergency
room. (Call is to liaison.)
• Follow established protocol regarding SETX Sexual Assault Task Force for advocates in the examining
room.
• Be available for survivor's ages 0-17 who are already in the custody of CPS and CASA is already
appointed by the courts.
• The advocate arrives as soon as possible and assists the victim throughout the medical and police
procedures.
• With the advocate present to provide support, the forensic examiner and police will briefly confer to
coordinate their questioning and reduce repetition.
• Advocate will remain in the room to provide support during the exam as well,at the discretion of the
patient.
• The advocate will make arrangements to contact the victim for follow-up support,and legal advocacy.
M Cep 00 ara ?aka
a Designate a liaison to serve on the SART and to serve as the agency's contact person;
• Notify Rape&Suicide Crisis of Southeast Texas,Inc.that a survivor is being
transported/has arrived;
• If a child survivor has a court appointed special advocate Medical Center of Southeast Texas agrees to
notify Court Appointed Special Advocates of child arrival;
• Provide Rwe&Suicide Crisis of Southeast Texas,Inc. the opportunity to establish a
relationship with the survivor(s),if survivor agrees. This includes survivors of all ages,their family
members,and friends;
• Provide consistency in the sexual assault examination of survivors;
• Provide consistency in the evidence collection from perpetrators;
• Have sexual assault evidence collection kit available;
• Medical Center of Southeast Texas will provide a copy of evidence collection and/or all other
documentation pertaining to sexual assault exam to law enforcement agency;
• Maintain chairs of forensic evidence and hand off to law enforcement agent;
• Properly prepare for upcoming hearings,
• Meet with District Attorney to review the case;
+ Maintain contact with the District Attorney's office,
• Notify the District Attorney's office of address and/or telephone number changes;and
j • Maintain communication and contact with the SART and other involved agencies.including regular
participation at the Southeast Texas Sexual Assault Task Force meetings.
04wit Mospaacof sorccf rant TCW OWWWW
• Designate a liaison to serve on the SART and to serve as the agency's contact person;
• Notify Rape&Suicide Crisis of Southeast Texas,Inc, that a survivor is being
transportediltas arrived;
• if a child survivor has court appointed special advocate Baptist Hospital of Southeast Texas Beaumont
agrees to notify Court Appointed Special Advocates of child arrival;
• Provide Raps dot Suicide Crisis of Southeast Texas, Inc. the opportunity to establish a
relationship with the survivor(s),if survivor agrees. This includes survivors of all ages,their family
members,and friends;
a Provide consistency in the sexual assault examination of survivors;
• Provide consistency in the evidence collection from perpetrators;
• Have sexual assault evidence collection kit available;
• Baptist Hospital of Southeast Texas Beaumont will provide a copy of evidence collection and/or ail
other documentation pertaining to sexual assault exam to law enforcement agency;
Maintain chain of forensic evidence and hand off to law enforcement agent;
• Properly prepare for upcoming hearings;
• Meet with District Attorney to review the case;
• Maintain contact with the District Attorney's office:
• Notify the District Attorney's office of address and;'or telephone number changes;and
• Maintain communication and contact with the SARI and other involved agencies,including regular
participation at the Southeast Texas Sexual Assault Task Force meetings.
Cooperative Wok Agreement
Signature Page
00M WOMMOUS, nib Mae
Rve At Suicide Crisis of S.E.Texas
]aoery SiegIdary,Clief of Police Daft
Bemmmd Police Dqm m d
i
SIGH WITH OPPORTUNITY
nr
DE
T • E • g A • s City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Charles W. Jeffcoat, Assistant Chief of Police
MEETING DATE: June 4, 2013
REQUESTED ACTION: Council consider a resolution authorizing the City Manager,or his
designee, to execute a Memorandum of Agreement between the
Beaumont Police Department and ATF Task Force.
BACKGROUND
The attached Memorandum of Agreement is a renewal of an agreement between the Beaumont
Police Department and the ATF Task Force and is for the purpose of reimbursement of overtime
salary costs and other costs, including but not limited to travel,fuel,training,and equipment,
incurred by the Beaumont Police Department in providing resources to assist Bureau of Alcohol,
Tobacco,Firearms and.Explosives Task Force.
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 or his designee be and they are hereby authorized to execute a
Memorandum of Agreement between the Beaumont Police Department and the Bureau
of Alcohol, Tobacco, Firearms and Explosives(ATF) for reimbursement of costs incurred
by the Beaumont Police Department in providing assistance to the ATF Task Force. Said
Memorandum of 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 4th day of June,
2013.
- Mayor Becky Ames -
US.Department of Justice
Bureau of Alcohol,Tobacco,
Firearms and Explosives
Washington,pC 20226
www.atfgov
MEMORANDUM OF AGRICKWM
Between&C
Run=of Akobol,Tobweat Fkvwm and Explosives
Md.
City ofBeannont Mmwkewt Polliee Dgwt cnt)
for
Ramat of O"rdme salayy Costs
asseelatedwith
ATF TASK FORCE
This Aatendum of Amt(MOA)is entered into by the Bureau of Alcohol,Tobacco,
Fireaoms and Explosives(ATF)and the City of Beaumont(Beaumont Police Department)for the
purpose of reimbursement of overtime salary costs and odw costs,with prior ATF approval,
includin but not linAted to travel,fuel,tromeg,and egwpmont,incurred by the City of Beaumont
(Beaumont Police Department)in providing resources to assist ATF.
Payments may be made to the extent they are included in ATFs Fiscal Year Plan and the monies
are available to satisfy the request(s)for reimbursable overtime expenses.
L b TI+C] T QW M1311329MMORAhm(W A-GwshwmT
This MOA is effective with the kgwames of all parties and des at the close of business
on September 30,2018,subject to Section VII of the MOA.
II. AUTSORITY
This MOA is established pursuant to the following provisions:
1. Title 28,U.S.C.,Section 524(c),the meat of Justice,Asm Fode ww]Fund,
whicb provides for the reimbwrscmeawt of certain expensea of local,county,or State law
enforcement agencies incurred as participants in joint operationaltask forces with a
Department of the Justice law enforcement agency.
EXHIBIT "A"
2. Departmer4s of C,a ae—Ji sdoe,and State,the Judiciary,and Related Agwdes
Bill,whicslt Ps+ovides For tb+a regmb�caaeett of overtime shy costs of
locok`county,or State law�t agencies incurred white mod aft ATF k joint law
eaforceoent apamtions.
3. Title l,U.S.C.,Sect'
ton 9703,the Thy Fpr*'tWm Fund Act of 1992,which
provides the as 111' a neYtt of certsin o of local,county,or Staff law
cafo�ages incu�f as participants in joint Operations/task faros with a
federal low enforvernertt agency.
if MWIAIe,the funding feral years 2014,2015,..2016,2017 and 2019 is cogent upon
armual Owep riaum laws,Title 28,U.S.C.,Section 524(c),annual a appropriations,and Title
31,ULS.C,,Section 332.
if availab*funding allocations fin'reirrsib ent of ea penes wilt be tranwittsd through a
separate do«m*nt.
TLis IVIen lum of Agaatet OWA)it pot a Madfing alloca"doh
EL YUJVOM RE TM 1
This MOA establishes the procedures and re sponaibilities of both the City of Beamont
(Beaumont Police Depart)and ATF for the rebmbursnernt of certain overtime and
other pre-approved exPe U=MCUived pursuant to the authority in Suction II,
The name of this joint operation/task€orce:ATF TASK FORCE
V.
A. The City of Beaumont(Beaumont Police Dgmtnent)shall assign:officer(s)to
assist ATF in investigations of Federal,staff,and local laws.To the matcimum
extent possible,the officar(s)will be assigned.on a dedicated,rM her then rotational
basis: The City of Beaumont(Beaumont Police Dnetrt)shall provide ATF
wit the name(s),title(s),and employee identification number(s)of ft officer(s)
assigned to the investigation.
B. The City of Bemrtont(Beaumont Police Depat tmaA)shall provide ATF,within
ten'(10)Odendar days of the signing of this MOA,with'a,vonct=me,title,
telephone number and address. The City of Beaumont(Beaumont Police
Department)shall also provide the name of the official resporwible for providing
audit information under paragraph VI of this MOA,and the name of the official
authorized to submit an invoice to ATF under paragraph V,subparagraph E.
2
r
i of Beaumont eauntont Police Department)shall provide ATF,within
C. Tla�City (�
ten(10)calendar days of the*ping of tW9 ate,with the ffimmoial inst tutill
v41,111ere the levy enfarc, t�waits the Eliee",nic ponds.Txai'tsfer WD
payment deposited for reim DMIL The medbanism,fcx this is the Unified
Financial System(UFMS)Venom Request Fgm VrhNa.the UFMS
V,.dor Request form,the WNS number mould be p xmded(DUNS—Data
Universal Numbering System,ideatifleg-business,eafides on a locatIODspec fir,
basis)under section 12. When completed,forward this form to the approodate
ATF field office address:
ATP,AnN:Larry Sanders,.2615 Calder Ave,Suite 330,Beaumont,Texas 77702.
D. The City of$eatamont OW out Police Deft)may request reii nbutsemen�
for payment of IDVWt=e WqxMes and other coats with prior ATP appMVal,
sncl eg knot limed to travel;fiuel,t a n ,aW eequ p= ,du�1y routed to,., . .. .
work performed.by its-officd(s)assigned as members of a joint operatioah—ask force
with.ATP for the purpose of conducting an official investigation.
E. Invoices submitted to ATF for the payment of expenses must,be.submitted on the
appropriate farms as provided by ATF. The invoice stiall be signed by an
authorized representative of flu City of Beaumont(Beaumont Police Department)
and submitted to ATP field office for signature and verification of the invoice.
F: The City of Bout(Beaumont Police,Department)will submit all requests for
reimbursable Payments,tggeCher with the appropriate documentation to ATF by the
10th day of each subsequent month that the oVacy is seeking re mbarsernent.
(1) If the reimbursement request is not received by the ATF field office by the
i subsequent.the subsequent month,the ATF field office will advise the agency,
in writing,that the reimbursement request is late,and if the reimbursement
request is not received within.the next 10 working days,the overtime costs
will not be reimbursed.
(2) No waivers or exiwSions will be granted or honored. The City of
Beaumont(Beaumont Police )will submit the request for
reimbursement via fax,email or mail to the following address:
ATF,ATTN-.Larry Sanders,2615 Calder Ave, Suite.330,Beaumont,Texas,
77702.
G. The ATF Supervisor shall be responsible for certifying that the request is for
overtime expenses.incu mpd by the City of Beaumont(Beaurnon t Police
Department)for participation with ATF during the joint optrationhask force. The
responsible State.or local official sttaII also=*that recasts for reimbursement
of expenses have not been made to other Federal law enforcement agencies.
3
EL '1-be City of Beaumont(Beso mont Police Department)acknowledges that theY
remain-My responsible for their obligations as the employer of the officers)
assigned to the joint force and we responsible for the payment of the
overtime earnings,withholdwgs,insurance=veggp6 and all outer r irdpAents by
law,regalatiols,ordinance or contrw regardless of the'reinibursable overtime
charges inm trod.
X. All nimbuuwWo,hours of o ime,%wilk covered vnder this MOA must be
approved in advance by tho ATF supervisor.
J. The ATF supervisor will forward.all OW.oved reimbursement requests to the
Division Cb ef,Asset Forfeiture&Seized Property Division for payment,
JCS "Solk Funding au"riloirwi lb maximum
raimbhrsetuaw costs to any one law enforcement offieer during the fiscal year
(October 1-sepWmber 34);will be Provided other documents. The
agency will receive an allocation com%mu on from the field division.
VL PROGRAMALjI1fi'
This MOA and its procedures we subject 10 audit by ATF,the Dot of-Justice,
Office of Inspector General.al.the Government Accountability Office,and other auditors
authorized by the Federal 8overnmont, The City of moat(Seaurnoil Police
I3eparlmant)agrees to pauut such aim and opm to m ntsin all.records mlating to
these tmsactions for a period of not less than three years;and in the event of an on-going
audit,until.such time as the audit is completed.
These audits inclutde reviews of any and Q records,&miments,reports,accounts,
invoices,receipts,or expenditures relating to this agreement;as well as,the interview of
any and all personnel involved in these transactions.
VII. RV"WQNS
The terars of this.MOA may be aid upon vniam gpvval by lhe.larj&W parties,or
V=designated eves. Airy,amendmeato#his MOA becomes efliecdve Von the
date of apprtwal its stated in the anwindavot Either party can cancel this MO,A.upon 60-
dWs written notice to the odw pedy. The ATF will only process mpu!st for
overtime for overtime incurred before due daft of coon,absent a specific written
agreement to the contrary..
1IIL NO MWA- 'ERte' ' ►M
This is an internal Govenmeat agreement between.ATF and the City of Beaumont
(Beaumont Police Department)and is not inter to confer any right or benefit to any
private person or party.
4
Ieinaa P.Si"ktay Melviin King
Chief of Police Steal Agent in Charge
City of BOMMIOnt(Bea mwmi Police Depuft m) Houston Field Division
AT F
Doe: Date:
JJLAA- I
A
. n Stephen K.M�rpn
Depuy Chief Finarx�adal Officer Lkp(rty�t Dnx�tvr
O e of 14�ana rnt Field Operadow
ATF ATF
Date: DaW:
RICK WITZ OPPORTUNITY
B,tEmw
Agenda hem
T • $ ' s ' s • 8 Cuoy Cod
TO: City council
FROM: Kyle Hayes, City Manager
PREPARED BY: Larva Clark, Chief Financial Officer
MEETING DATE: June 4, 2013
REQUESTED ACTION: Council consider a resolution approving a contract with
Myron Green Corporation dba Treat America Food
Services of Merriam,Kansas in the amount of
approximnately$67,676.84 for the 2013 Summer Food
Service Program.
BACKGROUND
The Summer Food Service Program,which is funded by the US Depart nut of Agrulture and
achministetecl
by the Texas Department of Agriculture(TDA),provides free,nutritious,and well-
balanced trials for any child'from one(1)to eighteen(18)years of age. This is the twenty-first
year the Ration Division has participated in the program. Last year 22,946 meals were
delivered at a cost of$2.985 per lunch for a total of$68,493.81.
The 2013 program will begin on June 10, 2013 and continue through August 16,2013. Lunch's
will be served Monday through Friday excluding the Independence nay holiday on July 4.
Children need only be.present to receive a lunch. Enrollment in a camp activity is not r+e"ired.
Summer activiries(Books and Bites)and games will be provided at each site before or after
meals are served.
This year's program will provide lunches for forty-nine(49)days at a cost of$2.92 per meal at
ten(10)locations throughout the City.
FUNDING SOURCE
Texas Department of Agriculture Reimbursement.
RIECOM 0"ATION
Approval of the resolution.
2013 Summer Food Service Program,Attachment
June 4, 2013
The ten(10)locations for the 2013 SFSP are as follows:
SM A
Alice Keith Park 4470 Ave.
CaOedral'Baptist Church 3210Ehnim
Central Park 640 S.Fourth
Perist ain Park 8M i aa&Dr.
Park 2930 cif
North 4155
Pointe North 3710
Roberts Parr 2755 Aveasue C
SC TX Family Repurce Cwter
Sprott Park 4325 Usen
r • CffY OF 9RALMIOW,BEALWACUT,TEXAS
PtNto4A$Nn OMMM BD TAM"TION
7.•s-_-•-1
Bid Nanns: 2018 Sunmw Food Pto0ram
Bid Number: "1344
Wd Opening: Thursday,May 16,2018.at 2:00 P.M.
Contact Person: sera Poom Buyer 0
Phone: 40Y�001 767
gas= B' . Rx
i BhAs Bid,TX somm"K TX MwdwkKanws
KMAIM"a oft"an Mll Mm Pain
1 M06 4004404 01 40040"13 i1'J4<71-7633
Qtly PAae Tbid ToW
23.1 *W SwwIm L wkh 1 S29 S6 i $2AW4 SIN 719 t2' 567.676-
RESOLUTION NO.
WHEREAS, bids were received for a contract to furnish lunches for the Summer
Food Service Program funded by the U.S. Department of Agriculture, administered by the
Texas Department of Agriculture and sponsored by the City of Beaumont Recreation
Division; and,
WHEREAS, Myron Green Corporation dba Treat America Food Services, of
Merriam, Kansas, submitted a bid for an estimated quantity of 23,177 lunches served in
the bid amount of$2.92 per lunch for an estirated expenditure of$67,676.84; and,
WHEREAS, City Council is of the opinion that the bid submitted by Myron Green
Corporation dba Treat America Food Services, of Merriam, Kansas, 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 Myron Green Corporation dba Treat America Food
Services, of Merriam, Kansas, for the Summer Food Service Program administered
through the Recreation Division for an estimated quantity of 23,177 lunches served in the
bid amount of$2.92 per lunch for an estimated expenditure of$67,676.84 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 Myron Green Corporation dba Treat America Food
Services for the purposes described herein.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 4th day of June,
2013.
- Mayor Becky Ames -
E
SICK RITO OPPORTUNITY
EAM7
T ' s ' X ' A ' S City Council Agenft, Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Patrick Donart;Public Works Director
MEETING DATE: June 4, 2013
REQUESTED ACTION: Council consider a resolution approving an amendment to an
Agreement with Network USA, LLC, for placement of
additional fiber optic cable in the public right-of-way.
BACKGROUND
The majority of Network USA's cable routing within the City is located on the public right-of-way in
the downtown area for a distance of 17,597 linear feet. The proposed amendment will add an
additional 1,500 linear feet.Network USA will have a total of 19,097 linear feet of fiber optic cable
within the City of Beaumont.Network USA will pay the City an application fee of$500.00 and an
annual fee of$1.75 per linear feet per year.
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 Council hereby approves the execution of a third amendment to the Network
USA, LLC agreement, substantially in the form attached hereto as Exhibit°A" and made
a part hereof for all purposes, for the placement of fiber optic cable in the public right-of-
way.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 4th day of June,
2013.
- Mayor Becky Ames -
TRW M��1
PUBLIC RIGHT4 -WAY USE AGREEMENT
THE STATE OF TEXAS §
COUNTY OF JEFFE=RSON §
WHEREAS,Network USA,LLC, and the City of Beaumont("City"), collectively referred
to as the'Parties,"executed a Public Right-of-Way Use Agreement on September 20, 2005;and
Was amended, in part, on November 18, 2010, and on March 19, 2013; and
WFIEREAS,the Parties desire to amend the original agreement,the First Amendment and
the Second Amendment Public Right-of-Way Agreements, but only as noted blow;
NOW, THEREFOR:
The Parties, for and in consideration of the receipt of good and valuable consideration, as
set out more fully herein, agree to amend that certain Agreement executed by the Parties on
September 20, 2005,entitled°Public Right-of-Way" and First Amendment Public Right-0f-Way
Use Agreement and Second Amendment Public Right-of-Way Use Agreement(here after`First
Amendment" and"Second Ame ndmem")as follows:
(a) Network USA,LLC, may lay, maintain, operate,replace or remove a fiber optic
communication system(the"System")for the station of- 111,11 n"o-sin,
on,under,or across the streets,alleyways and easements as set forth in Exhibit"A"
and situated in the City of Beaumont, Jefferson County, Texas.
(b) The map attached hereto as Exhibit'A" includes an additional 1500 feet of fiber
optic cable more than the 17,597 feet set out in the Parties'original,First aW
Second Amendment Agreements. After the foregoing additional cable is laid,
Network USA, LLC, will have a total of 19,097 feet of fiber optic cable within the
City of Beaumont.
(c) The current fee per linear foot of fiber optic cable in the City right-of-way is$1.75
and shall apply to this agreement. All future annual payments shall be clue and
payable to the City of Beaumont on January 1 of each succeeding year.
(d) Upon execution of this Agreement,Network USA,LLC, shall make payment to
the City of Beaumont as follows:
1
EXHIBIT "A"
i
• additional annual fee for the year 2013 of$21,875: and
• additional agreement fee of$500.00; and
• inspection, engineering and other costs during the period of initial
construction called for by this Agreement in the amount of$500.00.
(e) All provisions of the original Right-of-Way Agreement executed by the parties on
September 30, 2005, and First Amendment on November 18, 2010, and Second
Amendment on March 19, 2013, shall remain and same are in full force and effect.
IN WITNESS WHEREOF,the City of Beaumont, Texas, has caused these present to be
signed by its City Manager and the seal of the City to be herewith affixed by the City Clerk this the
day of . 2013. Further,Network USA,LLC, has caused this
Agreement to be executed by its President, James R. Davis.
THE CITY OF BEAUMONT NETWORK USA, LLC
By: By:
Kyle Hayes, City Manager James R Davis,President
ATTEST: ATTEST:
City Clerk
2
Exhibit "A"
veriza,
Doitfnger
Proposed Route
Place 2 1-Y4" HDPE ducts at 60"
depth by directional bore. Place
within limits of public ROW
Eds"
Network USA
Har4x*
Network USA Proposed Fiber Route
Existing NUSA Route to VzW Doffinger Tower
Beaumont, TX NETWORK USA Final Construction Drawings
Overview Sheet sue»=St McWnd e►ftft
ROW at 70-ft
Proposed Route
Puce 2 1-Y4" HDPE ducts at 60"
depth by directional bore. Place
within 5' of edge of ROW
beon r
Pnqect
Lat: 30.082872
# . Y
Existing NUSA Long: -94.108231
. Splice HH ""!'t
Laurel St
Proposed Route
p Proposed Handhole
o Proposed Marker Post
Network USA Proposed Fiber Route
Existing NUSA Route to VzW DolNnger Tower
Beaumont, TX NETWORK USA Final Construction Drawings
Sheet 1
• ROW at 70-ft
8
Proposed Route
Puce 21 %4' HDPE ducts at 60"
depth by directional bore. Place Y
within 5' of edge of ROW
p
+f
Legend
Proposed Route
p Proposed Handhole
o Proposed Marker Post
Network USA Proposed Fiber Route
Existing NUSA Route to VzW Doliinger Tower E T W O R K USA A s
Final Construction Drawings
Beaumont, TX g
Sheet 2 ew�«s ar�►»4vd a+
ROW at 8"
e_
Place 244840 North st
Que HH with
20k traffic rated lid.
Proposed Route
Place 2 1 Y4" HDPE ducts at 1:
depth by directional bore. Place
within 5' of edge of ROW
Legend
Proposed Route
p Proposed Handhole
o Proposed Marker Post
Network USA Proposed Fiber Route
Existing NUSA Route to VzW Doflinger Tower
Beaumont, TX NETWORK USA Final Construction Drawings
Sheet 3 � a
Proposed Route
Place 2 1-Y4" HDPE ducts at 60"
depth by directional bore. Place
within 5' of edge of ROW n
UPRR crossing permit
required. DOT# ROW at 60 ft
023702K. Permit
applied for 2/5/2013
Legend
iw.• +.
F �
Proposed Route
p Proposed Handhole
o Proposed Marker Post
Network USA Proposed Fiber Route
Existing NUSA Route to VzW Doilinger Tower
Beaumont, TX NEE T TWW
ORK USA Final Construction Drawings
Sheet 4 ewlws stem#Pwdof ftk
Proposed Route
Puce 21-l. HDPE ducts at 60"
depth by directional bore. Place
ROW at 60-ft within 5' of edge of ROW
Place 244640
Quazite HH with
20k traffic rated lid.
K
Legend
Proposed Route
p Proposed Handhole
o Proposed Marker Post
Network USA Proposed Fiber Route
Existing NUSA Route to VzW Dollinger Tower NETWORK u s A Final Construction Drawings
Beaumont, TX
Sheet 5 e StMean••ddftft
ROW at 60 ft
a�
A
Prate Route
Place 2 1-Y4" HDPE ducts at 60"
depth by directional bore. Place
within 5' of edge of ROW
Legend
Proposed Route
p Proposed Handhole
o Proposed Marker Post
Network USA Proposed Fiber Route
Existing NUSA Route to VzW Dollinger Tower
Beaumont, TX NETWORK USA Final Construction Drawings
Sheet 6 np» d
}
Place 24x36x30
Quazite HH with 20k
ROW at 60-ft traffic rated lki.
Proposed Route
Place 2 1-Y4" HDPE ducts at 60"
depth by directional bore. Place
within 5' of edge of ROW
Legend
Proposed Route
p Proposed Handhole
o Proposed Marker Post
Network USA Proposed Fiber Route
Existing NUSA Route to VzW DoNinger Tower
Beaumont, TX N�t w o R K USA a Final Construction Drawings
Sheet 7 « �» d
ROW at wft "
Place 24x36x30
Quazb HH with 20k A
bW tc rated lid.
Proposed Route
Place 21 %." HDPE ducts at 60"
depth by directional bore. Place
within 5' of edge of ROW
Legend
Proposed Route
p Proposed Handhole
o Proposed Marker Post
Network USA Proposed Fiber Route
Existing NUSA Route to VzW Dollinger Tower
Beaumont, TX NETWORK u s a Final Construction Drawings
Sheet 8 e ataw wow woft
ROW at 60-ft
Proposed Route
Place 2 1-Y4" HDPE ducts at 60"
depth by directional bore. Place
within 5' of edge of ROW
Legend
Proposed Route
p Proposed Handhole
o Proposed Marker Post
Network USA Proposed Fiber Route
Existing NUSA Route to VzW Doltinger Tower
Beaumont, TX NETWORK USA Final Construction Drawings
Sheet 9 Buebmwatgoap"dd4W
Proposed Route
Place 2 1 %4p HDPE ducts at 60"
depth by directional bore. Place
within 5 of edge of ROW
W
at "
Legend
Proposed Route
M Proposed Handhole
o Proposed Marker Post
Network USA Proposed Fiber Route
Existing NUSA Route to VzW Dollinger Tower
Beaumont, TX NETWORK USA Final Construction Drawings
Sheet 10 +eu»pp--►dftm
Proposed Route
Place 2 1-Y4" HDPE ducts at 60"
depth by directional bore. Place
within 5' of edge of ROW
AOiWatSM
Legend
Proposed Route
p Proposed Handhole
o Proposed Marker Post
Network USA Proposed Fiber Route
Existing NUSA Route to VzW Dollinger Tower
Beaumont, TX N !T W O R K USA Final Construction Drawings
Sheet 11
required. DOW
762591J. Permit
applied for 2/512013
Place 24x36x30 Place 24x36x30
Quazite HH with 20k
Quazite HH with 20k traffic rated lid.
III op
traffic rated lid.
3 .
Proposed Route
Place 21 Y4" HDPE duds at 60" - •..
depth by directional bore. Place =
within 5' of edge of ROW Legend
Proposed Route
p Proposed Handhole
o Proposed Marker Post
Network USA Proposed Fiber Route
Existing NUSA Route to VzW Dollinger Tower
Beaumont, TX NETWORK USA Final Construction Drawings
Sheet 12 ewh�.ed»ap"dallow
z
End Proposed Route.
.• Pending Dollinger . . ,
VzW Tower 2390
Place 24x36x30
Dollinger Rd Quazite HH with 20k
Lat: 30.0601 traffic rated lid.
Long: -94.0727
o
Place 24x36x30 =i
w
Quazite HH with 20k
traffic rated lid. ,c
Proposed Route
Place 2 1-Y4" HDPE ducts at 60" �
s+
depth by directional bore. Place
min 5' of edge of ROW
z
l
s
Legend
Proposed Route
p Proposed Handhole
o Proposed Marker Post
Network USA Proposed Fiber Route
Existing NUSA Route to VzW Dollinger Tower
Beaumont, TX NETWORK USA Final Construction Drawings
Sheet 13 adftne
' A W
T * X * Y * A * 8
REGULAR MEETING OF THE CITY COUNCIL
COUNCIL CHAMBERS JUNE 4,2013 1:30 P.M.
AGENDA
CALL TO ORDER
* Invocation Pledge Roll Call
* Presentations and Recognition
* Public Comment: Persons may speak on scheduled agenda items 6-7/Consent
Agenda
* Consent Agenda
GENERAL BUSINESS
1. Consider an ordinance approving,a zone change from A-R(Agricultural-
Residential)District to GC-MD-2 (General Commercial-Multiple Family
Dwelling-2)District for property located on the north side of the Folsom
Extension,approximately 575' east of the northeast corner of N. Major Drive and
Folsom Extension
2. Consider an ordinance approving a zone change from RM-H(Residential Multiple
Family Dwelling-Highest Density)District to GC-MD-2 (General Commercial-
Multiple Family Dwelling-2) District for property located on the north side of the
Folsom Extension,approximately 1,186' east of the northeast corner of N. Major
Drive and Folsom Extension
3. Consider an ordinance approving a zone change from RS (Residential Single
Family Dwelling)District to NC(Neighborhood Commercial)District at 5415
Garner Road
4. Consider an ordinance approving a street name change from Jefferson Street to
Magnolia Avenue
5. Consider amending the Zoning Ordinance,Article 28.04, Sec. 28.04.003
(c)(5)(E)and Sec. 28.004.008 (b)(7)to correct a typographical error and to clarify
the providing of electrical power to an accessory structure
6. Consider a resolution authorizing the City Manager to approve a contract for the
South Park Area Water and Sanitary Sewer Improvements Project
7. Consider a resolution approving a change order to the contract with Brystar
Contracting,Inc.,related to the Cattail Marsh Constructed Wetland Rehabilitation
Project
COMMENTS
* Councilmembers/City Manager comment on various matters
* Public Comment(Persons are limited to 3 minutes)
EXECUTIVE SESSION
* Consider matters related to contemplated or pending litigation in accordance with
Section 551.071 of the Government Code:
Claim of William Jordon
Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or
services are requested to contact Mitchell Normand at 880-3777 three days prior to the meeting.
1
June 4,2013
Consider an ordinance approving a zone cline from A-R(Agricultural-Residential)District to
GC-MD-2(General Commercial-Multiple Family Dwelling-2)District for property located on the
north side of the Folsom Extension, approximately 575' east of the northeast comer of N. Major
Drive and Folsom Extension
RICH WITH OPPORTUNITY
T • • g • A • s City Couch Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
cs 3
PREPARED BY: Chris Boone, Community Development Director
MEETING DATE: June 4, 2013
REQUESTED ACTION: Council consider an ordinance approving a zone change from
A-R(Agricultural-Residential)District to GC-MD-2 (General
Commercial-Multiple Family Dwelling-2)District for property
located on the north side of the Folsom Extension,
approximately 575' east of the northeast corner of N. Major
Drive and Folsom Extension.
BACKGROUND
Vick Nelson has applied for a zone change.
Mr.Nelson would like a zone change from A-R District to GC-MD-2 District.The subject property is
located on the north side of Folsom Drive, approximately 575' east of N. Major Drive. This zone
change will allow for the property to be used as a general office or professional office complex or as a
retail center. Because GC-MD-2 will require a specific use permit, City Council will have more
control over uses that might be incompatible with adjacent residential zoning. The property is
currently vacant. The other commercial properties to the east and north of the subject property are
zoned GC-MD-2.
This parcel, in connection with the parcel immediately east of the north/south DD#6 drainage
right-of-way, is being considered for zone change at this time.
At a Joint Public Hearing held May 20,2013,the Planning Commission recommended 7:0:1 to
approve the zone change for the property located on the north side of Folsom Drive, approximately
575' east of N. Major Drive from A-R District to GC-MD-2 District.
FUNDING SOURCE
Not applicable.
RECOMMENDATION
Approval of ordinance.
ORDINANCE NO.
ENTITLED AN ORDINANCE AMENDING CHAPTER 28 OF
THE CODE OF ORDINANCES OF BEAUMONT,TEXAS,AND
IN PARTICULAR THE BOUNDARIES OF THE ZONING
DISTRICTS, AS INDICATED UPON THE ZONING MAP OF
BEAUMONT, TEXAS, BY CHARGING THE ZONING OF
PROPERTY PRESENTLY ZONED A-R (AGRICULTURAL-
RESIDENTIAL) DISTRICT TO GC-MD-2 (GENERAL
COMMERCIAL-MULTIPLE FAMILY DWELLING-2)DISTRICT
FOR PROPERTY LOCATED ON THE NORTH SIDE OF
FOLSOM EXTENSION, APPROXIMATELY 575' EAST OF
THE NORTHEAST CORNER OF N. MAJOR DRIVE AND
FOLSOM EXTENSION,BEAUMONT,JEFFERSON COUNTY,
TEXAS;PROVIDING FOR SEVERABILITY;PROVIDING FOR
REPEAL AND PROVIDING A PENALTY.
BE IT ORDAINED BY THE CITY OF BEAUMONT:
Section 1.
That Chapter 28 of the Code of Ordinances of Beaumont, Texas, and in particular
the boundaries of the zoning districts, as indicated upon the Zoning Map of the City of
Beaumont,referred to in Section 28.01.005(b)thereof, is hereby amended by changing the
zoning of property presently zoned A-R (Agricultural-Residential) District to GC-MD-2
(General Commercial-Multiple Family Dwelling-2)District for property located on the north
side of Folsom Extension, approximately 575' east of the northeast corner of N. Major
Drive and Folsom Extension, City of Beaumont, Jefferson County, Texas, as described in
Exhibit "A" and shown on Exhibit "B," attached hereto, and the official zoning map of the
City of Beaumont is hereby amended to reflect such changes.
Section 2.
That, in all other respects, the use of the property herein above described shall be
subject to all of the applicable regulations of the underlying zoning district as well as those
regulations contained in Chapter 28 of the Code of Ordinances of Beaumont, Texas, as
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amended.
Section
That if any section, subsection, sentence, clause of phrase of this ordinance, or the
application of same to a particular set of persons or circumstances, should for any reason
be held to be invalid, such invalidity shall not affect the remaining portions of this
ordinance, and to such end, the various portions and provisions of this ordinance are
declared to be severable.
Section 4.
That all ordinances or parts of ordinances in conflict herewith are repealed to the
extent of the conflict only.
Section 5.
That any person who violates any provision of this ordinance shall, upon conviction,
be punished, as provided in Section 1.01.009 of the Code of Ordinances of Beaumont,
Texas.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 4th day of June,
2013.
- Mayor Becky Ames -
4
LEGAL DESCRIPTION FOR ORDINANCE PURPOSES
BEGINNING at a 1/2" iron rod with an aluminum cap found for the Southeast comer of the tract
herein described, said comer also being the Southeast corner of the said 42.87 acre First Baptist
Church of Beaumont, Texas, Inc. tract and being in the North right-of-way line of Folsom Road
(based on a width of 100 feet) as described as a 15.167 acre tract in Exhibit"D"in that certain
conveyance from Amoco Production Company to Jefferson County Drainage District No. 6 as
recorded in Film Code No. 104-01-0353, Official Public Records of Real Property, Jefferson
County, Texas;
THENCE South 87 deg. 02 min. 21"WEST, along and with the South line of the said 42.87 acre
First Baptist Church of Beaumont, Texas, Inc.,tract and the North right-of-way line of Folsom
Road for a distance of 533.20 feet to a 5/8"iron rod with a cap stamped"RPLS 3636"set for
corner, and from said corner a3/4"iron rod with an Jefferson County Drainage District No. 6
aluminum cap found for the Northwest corner of the said 15.167 acre Folsom Road tract bears
SOUTH 87 deg. 02 min. 21 sec. WEST a distance of 575.95 feet;
THENCE North 02 deg. 51 min. 37 sec.WEST,parallel to the East line of the said 42.87 acre First
Baptist Church of Beaumont, Texas,Inc.,tract, for a distance of 1552.71 feet to a 5/8"iron rod
with a cap stamped"RPLS 3636" set for corner, said corner being in the North line of the said
42.87 acre First Baptist Church of Beaumont, Texas, Inc. tract and the most Northerly South line
of the remainder of the said 891.828 acre Yount-Lee Oil Company tract and the most Northerly
South line of the remainder of the said 891.828 acre Yount-Lee Oil Company tract,and said comer
bears NORTH 87 deg.08 min. 30 sec EAST a distance of 591.18 feet from a 3/4"iron rod found for
the intersection of the North line of the said 42.87 acre First Baptist Church of Beaumont, Texas,
Inc. tract and the East right-of-way line of FM 364 (Major Drive)the same being the Northeast
f that certain called 2.874 acre tract of land as conveyed b First Baptist Church of
corner o Y Y P
Beaumont,Texas, Inc. tract and the East right-of-way line of FM 364 (Major Drive)the same
being the Northeast corner of that certain called 2.874 acre tract of land as conveyed by First
Baptist Church of Beaumont,Texas, Inc. to the City of Beaumont as recorded in Clerk's File No.
94-9437024, Official Public Records of Real Property, Jefferson County, Texas;
THENCE North 87 deg.08 min.30 sec. EAST,along and with the North line of the said 42.87 acre
First Baptist Church of Beaumont, Texas, Inc. tract and the most Northerly South line of the
remainder of the said 891.828 acre Yount-Lee Oil Company tract,for a distance of 533.20 feet to a
3/4" iron rod found for corner, said corner being the Northeast corner of the said 42.87 acre First
Baptist Church of Beaumont, Texas, Inc., tract and an interior ell comer of the remainder of the
said 891.828 acre Yount-Lee Oil Company tract;
THENCE South 02 deg. 51 min 37 sec. EAST, along and with the East line of the said 42.87 acre
First Baptist Church of Beaumont, Texas, Inc. tract and the most Easterly West line of the
remainder of the said 891.828 acre Yount-Lee Oil Company tract,for a distance of 1551.75 feet to
the POINT OF BEGINNING and containing 19.000 acres,more or less.
EXF11BIT "A"
THENCE South 87 deg. 02 min. 21" WEST, along and with the South line of the said 42.87
acre First Baptist Church of Beaumont, Texas, Inc., tract and the North right-of-way line of
Folsom Road for a distance of 533.20 feet to a 5/8" iron rod with a cap stamped "RPLS 3636"
set for corner, and from said corner a3/4" iron rod with an Jefferson County Drainage District
No. 6 aluminum cap found for the Northwest comer of the said 15.167 acre Folsom Road
tract bears SOUTH 87 deg. 02 min. 21 sec. WEST a distance of 575.95 feet;
THENCE North 02 deg. 51 min. 37 sec. WEST, parallel to the East line of the said 42.87 acre
First Baptist Church of Beaumont, Texas, Inc., tract, for a distance of 1552.71 feet to a 5/8"
iron rod with a cap stamped"RPLS 3636" set for corner, said corner being in the North line of
the said 42.87 acre First Baptist Church of Beaumont, Texas,Inc.tract and the most Northerly
South line of the remainder of the said 891.828 acre Yount-Lee Oil Company tract and the
most Northerly South line of the remainder of the said 891.828 acre Yount-Lee Oil Company
tract, and said corner bears NORTH 87 deg. 08 min. 30 sec EAST a distance of 591.18 feet
from a 3/4" iron rod found for the intersection of the North line of the said 42.87 acre First
Baptist Church of Beaumont, Texas, Inc. tract and the East right-of-way line of FM 364
(Major Drive) the same being the Northeast comer of that certain called 2.874 acre tract of
land as conveyed by First Baptist Church of Beaumont, Texas, Inc. tract and the East
right-of-way line of FM 364 (Major Drive) the same being the Northeast comer of that certain
called 2.874 acre tract of land as conveyed by First Baptist Church of Beaumont, Texas, Inc.
to the City of Beaumont as recorded in Clerk's File No. 94-9437024, Official Public Records
of Real Property, Jefferson County, Texas;
THENCE North 87 deg. 08 min. 30 sec. EAST, along and with the North line of the said
42.87 acre First Baptist Church of Beaumont, Texas, Inc. tract and the most Northerly South
line of the remainder of the said 891.828 acre Yount-Lee Oil Company tract, for a distance of
533.20 feet to a3/4" iron rod found for corner, said corner being the Northeast corner of the
said 42.87 acre First Baptist Church of Beaumont, Texas, Inc., tract and an interior ell comer
of the remainder of the said 891.828 acre Yount-Lee Oil Company tract;
THENCE South 02 deg. 51 min 37 sec. EAST, along and with the East line of the said 42.87
acre First Baptist Church of Beaumont, Texas, Inc. tract and the most Easterly West line of
the remainder of the said 891.828 acre Yount-Lee Oil Company tract, for a distance of
1551.75 feet to the POINT OF BEGINNING and containing 19.000 acres,more or less.
File - • Request for a zone change form A-R (Agricultural-Residential) District to GC"
MD(General Commercial-Multiple Family Dwelling) District or more restrictive district.
Location: North side of Folsom Extension, approximately 575' east of the northeast corner
f N. Major Dr. and Folsom Extension
Applicant: Vick Nelson o 100 20o soo 400
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EXHIBIT "B"
2
June 4,2013
Consider an ordinance approving a zone change from RM-H(Residential Multiple Family
Dwelling-Highest Density) District to GC-MD-2(General Commercial-Multiple Family
Dwelling-2)District for property located on the north side of the Folsom Extension,approximately
1,186' east of the northeast corner of N. Major Drive and Folsom Extension
RICH WITH OPPORTUNITY
BEA
T - E • g - A s City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
CJ�
PREPARED BY: Chris Boone, Community Development Director
MEETING DATE: June 4, 2013
REQUESTED ACTION: Council consider an ordinance approving a zone change from
RM-H (Residential Multiple Family Dwelling-Highest
Density) District to GC-MD-2 (General Commercial-Multiple
Family Dwelling-2 District for property located on the north
side of the Folsom Extension, approximately 1,186' east of the
northeast corner of N. Major Drive and Folsom Extension.
BACKGROUND
Vick Nelson has applied for a zone change.
Mr.Nelson would like a zone change from RM-H District to GC-MD-2 District. The subject
property is located on the north side of Folsom Drive, approximately 1,186' east of N. Major Drive.
This zone change will allow for the property to be used as a general office or professional office
complex or as a retail center. Since GC-MD-2 will require a specific use permit, City Council will
have more control over uses that might be incompatible with adjacent residential zoning. The
property is currently vacant. The other commercial properties to the east and north of the subject
property are zoned GC-MD-2.
This parcel, in connection with the parcel immediately west of the north/south DD#6 drainage
right-of-way, is being considered for a zone change at this time.
At a Joint Public Hearing held May 20, 2013,the Planning Commission recommended 7:0:1 to
approve the zone change for the property located on the north side of Folsom Drive, approximately
1,186' east of N. Major Drive from RM-H District to GC-MD-2 District.
FUNDING SOURCE
Not applicable.
RECOMMENDATION
Approval of ordinance.
ORDINANCE NO.
ENTITLED AN ORDINANCE AMENDING CHAPTER 28 OF
THE CODE OF ORDINANCES OF BEAUMONT,TEXAS,AND
IN PARTICULAR THE BOUNDARIES OF THE ZONING
DISTRICTS, AS INDICATED UPON THE ZONING MAP OF
BEAUMONT, TEXAS, BY CHANGING THE ZONING OF
PROPERTY PRESENTLY ZONED RM-H (RESIDENTIAL
MULTIPLE FAMILY DWELLING-HIGHEST DENSITY)
DISTRICT TO GC-MD-2 (GENERAL COMMERCIAL-
MULTIPLE FAMILY DWELLING-2) DISTRICT FOR
PROPERTY LOCATED ON THE NORTH SIDE OF FOLSOM
EXTENSION, APPROXIMATELY 1,186' EAST OF THE
NORTHEAST CORNER OF N. MAJOR DRIVE AND FOLSOM
EXTENSION, BEAUMONT, JEFFERSON COUNTY, TEXAS;
PROVIDING FOR SEVERABILiTY; PROVIDING FOR
REPEAL AND PROVIDING A PENALTY.
BE IT ORDAINED BY THE CITY OF BEAUMONT:
Section 1.
That Chapter 28 of the Code of Ordinances of Beaumont, Texas, and in particular
the boundaries of the zoning districts, as indicated upon the Zoning Map of the City of
Beaumont, referred to in Section 28.01.005(b)thereof, is hereby amended by changing the
zoning of property presently zoned RM-H (Residential Multiple Family Dwelling-Highest
Density)District to GC-MD-2(General Commercial-Multiple family Dwelling-2) District for
property located on the north side of Folsom Extension, approximately 1,186'east of the
northeast corner of N. Major Drive and Folsom Extension, City of Beaumont, Jefferson
County, Texas, as described in Exhibit"A"and shown on Exhibit"B,"attached hereto, and
the official zoning map of the City of Beaumont is hereby amended to reflect such changes.
Section 2.
That, in all other respects, the use of the property herein above described shall be
subject to all of the applicable regulations of the underlying zoning district as well as those
regulations contained in Chapter 28 of the Code of Ordinances of Beaumont, Texas, as
amended.
Section 3.
That if any section, subsection, sentence, clause of phrase of this ordinance, or the
application of same to a particular set of persons or circumstances, should for any reason
be held to be invalid, such invalidity shall not affect the remaining portions of this
ordinance, and to such end, the various portions and provisions of this ordinance are
declared to be severable.
Section 4.
That all ordinances or parts of ordinances in conflict herewith are repealed to the
extent of the conflict only.
Section 5.
That any person who violates any provision of this ordinance shall, upon conviction,
be punished, as provided in Section 1.01.009 of the Code of Ordinances of Beaumont,
Texas.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 4th day of June,
2013.
- Mayor Becky Ames -
LEGAL DESCRIPTION FOR ORDINANCE PURPOSES
BEGINNING at an"X"found cut on a concrete drain inlet marking the Southeast corner of that
certain 2.771 acre tract of land as conveyed by deed to the Jefferson County Drainage District No.
6, recorded in Clerks File No. 2001040445 of said Official Public Records,this point also marks
the Southwest comer of the herein describe tract of land and also being located on the South line of
said 200.686 acre tract and the North line of Folsom Road Extension, a 100.00 feet wide public
dedicated Right-of-Way;
THENCE North 87 deg. O1.min.05 sec. East(Reference Bearing) along the said North
Right-of-Way line with the South line of said 200.686 acre tract and this tract a distance of 460.00
feet to a %2" steel rod set marking the Southeast corner of the herein described tract of land;
THENCE North 02 deg.58 min. 55 sec.West,departing said Right-of-Way line along the East line
of this tract a distance of 950.13 feet to a 1/2"steel rod set located on the South line of that certain
4.913 acre tract of land as conveyed by deed to said Jefferson County Drainage District No. 6,
recorded in Clerks File No. 2002000838 of said Official Public Records,this point also marks the
Northeast corner of the herein described tract of land;
THENCE South 87 deg. 00 min. 51 sec. West(South 87 deg. 01 min. 05 sec.West—Deed)along
the South line of said 4.913 acre tract with the North line of this tract a distance of 403.24 feet to a
I/z" steel rod with aluminum cap marked DD#6 found marking an angle point for comer and the
most Northerly Northwest corner of the herein described tract of land;
THENCE South 42 deg. 08 min. 02 sec. West(South 42 deg. 04 min. 19 sec. West—Deed)
continuing along the Southwesterly line of said 4.913 acre tract with the Northwesterly line of this
tract a distance of 63.71 feet to a 1/2"steel rod with aluminum cap marked DD#6 found located on
the East line of said 2.772 acre tract marking the Southwest corner of said 4.913 acre tract and the
most Westerly Northwest corner of the herein described tract of land;
THENCE South 02 deg. 52 min. 46 sec.East(South 02 deg.52 min.28 sec.East—Deed)along the
East line of said 2.772 acre tract with the West line of this tract a distance of 236.04 feet to a %Z"
steel rod with aluminum cap marked DD#6 found marking an angle point for comer;
THENCE South 00 deg. 09 min. 27 sec.West(South 00 deg., 09 min. 13 sec.West—189.24 feet
Deed) continuing along the East line of said 2.772 acre tract with the West line of this tract a
distance of 189.12 feet to a%2"steel rod with aluminum cap marked DD#6 found marking an angle
point for corner;
THENCE South 02 deg. 52 min. 54 sec East(South 02 deg. 52 min. 28 sec. East—480.00 feet—
Deed) continuing along the Eat line of said 2.772 acre tract with the West line of this tract a
distance of 480.27 feet to the Southwest corner and PLACE OF BEGINNING and containing in
area 431,570 square feet or 9.908 acres of land,more or less.
EMIM"r "A"
' - • Request for a zone change from RM H(Residential Multiple Family Dwelling- N
Highest Density) District to GC-MD (General Commercial-Multiple Family Dwelling)
District or more restrictive district.
Location: North side of Folsom Extension, approximately 1,186' east of the northeast
corner of N. Major Drive and Folsom Extension
Applicant: Vick Nelson 0 100 200 300 400
PP h I I J Feet
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EXHIBIT"B"
3
June 4,2013
Consider an ordinance approving a zone change from RS (Residential Single Family Dwelling)
District to NC (Neighborhood Commercial)District at 5415 Garner Road
RICH WITH OPPORTUNITY
i, M-
EAV
T E • X • A • s City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
Cf1�
PREPARED BY: Chris Boone, Community Development Director
MEETING DATE: June 4, 2013
REQUESTED ACTION: Council consider an ordinance approving a zone change from
RS (Residential Single Family Dwelling) District to NC
(Neighborhood Commercial) District at 5415 Garner Road.
BACKGROUND
Christina Ciampo has applied for a zone change.
Ms. Ciampo is requesting a zone change from RS District to NC District. The subject property is
located at the northwest corner of the intersection of Garner Road and Concord Road. This zone
change will allow for the property to be used for commercial uses. The property is currently occupied
by a single family residence. There are existing commercial uses in the area and the proposed zone
change is in keeping with the zoning pattern to the west, south and southeast.
At a Joint Public Hearing held May 20,2013,the Planning Commission recommended 8:0 to approve
the zone change for the property at 5415 Garner Road from RS District to NC (District).
FUNDING SOURCE
Not applicable.
RECOMMENDATION
Approval of ordinance.
ORDINANCE NO.
ENTITLED AN ORDINANCE AMENDING CHAPTER 28 OF
THE CODE OF ORDINANCES OF BEAUMONT,TEXAS,AND
IN PARTICULAR THE BOUNDARIES OF THE ZONING
DISTRICTS, AS INDICATED UPON THE ZONING MAP OF
BEAUMONT, TEXAS, BY CHANGING THE ZONING OF
PROPERTY PRESENTLY ZONED RS (RESIDENTIAL
SINGLE FAMILY DWELLING) DISTRICT TO NC
(NEIGHBORHOOD COMMERCIAL) DISTRICT FOR
PROPERTY LOCATED AT 5415 GARNER ROAD,
BEAUMONT, JEFFERSON COUNTY, TEXAS; PROVIDING
FOR SEVERABILITY; PROVIDING FOR REPEAL AND
PROVIDING A PENALTY.
BE IT ORDAINED BY THE CITY OF BEAUMONT:
Section 1.
That Chapter 28 of the Code of Ordinances of Beaumont, Texas, and in particular
the boundaries of the zoning districts, as indicated upon the Zoning Map of the City of
Beaumont, referred to in Section 28.01.005(b)thereof, is hereby amended by changing the
zoning of property presently zoned RS (Residential Single Family Dwelling) District to NC
(Neighborhood Commercial)District for property located at 5415 Gamer Road,being Tract
A, Lot 1, Block 1, Johnson and Sampson Addition, City of Beaumont, Jefferson County,
Texas, containing 0.036 acres, more or less as shown on Exhibit"A,"attached hereto, and
the official zoning map of the City of Beaumont is hereby amended to reflect such changes.
Section 2.
That, in all other respects, the use of the property herein above described shall be
subject to all of the applicable regulations of the underlying zoning district as well as those
regulations contained in Chapter 28 of the Code of Ordinances of Beaumont, Texas, as
amended.
ctio 3.
That if any section, subsection, sentence, clause of phrase of this ordinance, or the
application of same to a particular set of persons or circumstances, should for any reason
be held to be invalid, such invalidity shall not affect the remaining portions of this
ordinance, and to such end, the various portions and provisions of this ordinance are
declared to be severable.
Section 4.
That all ordinances or parts of ordinances in conflict herewith are repealed to the
extent of the conflict only.
Section 5.
That any person who violates any provision of this ordinance shall, upon conviction,
be punished, as provided in Section 1.01.009 of the Code of Ordinances of Beaumont,
Texas.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 4th day of June,
2013.
- Mayor Becky Ames -
File 2171-Z- Request for a zone change from RS (Residential Single Family Dwelling) N
District to NC(Neighborhood Commercial) District or more restrictive district.
Location: 5415 Garner Rd.
Applicant: Christina Ciampo
0 100 200
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EXHIBIT "A"
4
June 4,2013
Consider an ordinance approving a street name change from Jefferson Street to Magnolia Avenue
RICH WITH OPPORTUNITY
BE
T • Z • X • A - s City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Chris Boone, Community Development Director
MEETING DATE: June 4, 2013
REQUESTED ACTION: Council consider an ordinance approving a street name change
from Jefferson Street to Magnolia Avenue.
BACKGROUND
The Public Works Department has applied for a street name change.
The Public Works Department is requesting to change the name of a section of Jefferson, from Laurel
Street on the north to Bowie Street on the south,to Magnolia Avenue. Magnolia already extends to
its intersection with Laurel Street,where the name then changes to Jefferson Street. The proposed
name change would extend Magnolia Avenue to Bowie Street,from which point the road would then
become Jefferson Street.
For years, Magnolia has ended at Laurel Street. With the construction of the Great Lawn and the
Events Centre, a through street connecting Magnolia to Jefferson was built.
The request was sent to all interested parties. No negative responses were received.
At a Joint Public Hearing held May 20,2013,the Planning Commission recommended 8:0 to approve
the street name change from Jefferson Street to Magnolia Avenue.
FUNDING.SOURCE
Not applicable.
RECOMMENDATION
Approval of ordinance.
ORDINANCE NO.
ENTITLED AN ORDINANCE CHANGING THE NAME OF
JEFFERSON STREET TO MAGNOLIA AVENUE,
BEAUMONT, JEFFERSON COUNTY, TEXAS.
BE IT ORDAINED BY THE CITY OF BEAUMONT:
THAT Jefferson Street, being a portion of Jefferson Street beginning at the south right-of-
way line of Laurel Street and running in a southerly direction to the north right-of-way line
of Bowie Street, City of Beaumont, Jefferson County, Texas, containing 1.26 acres, more
or less, as shown on Exhibit"A,"attached hereto and made a part hereof, be and the same
is hereby renamed to Magnolia Avenue.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 4th day of June,
2013.
- Mayor Becky Ames -
Legend
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5
June 4,2013
Consider amending the Zoning Ordinance,Article 28.04, Sec. 28.04.003 (c)(5)(E)and
Sec. 28.004.008 (b)(7)to correct a typographical error and to clarify the providing of electrical
power to an accessory structure
RICH WITH OPPORTUNITY
T • E • X • A • s City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
el 73
PREPARED BY: Chris Boone, Community Development Director
MEETING DATE: June 4, 2013
REQUESTED ACTION: Council consider a request amending the Zoning Ordinance,
Article 28.04, Sec. 28.04.003 (c)(5)(E) and Sec. 28.004.008
(b)(7)•
BACKGROUND
The Planning staff is proposing the amendments to the Zoning Ordinance to correct a typographical
error and to clarify the providing of electrical power to an accessory structure.
The proposed changes are as follows:
Sec. 28.04.003 (c)(5)(E)
(E) No more than sixty(60) square feet of— or fifty(50)percent of the maximum sign area,
whichever is less, shall be dedicated to electrical changeable copy.
Sec. 28.04.008 (b)(7)
(7) Accessory buildings. An accessory building may be erected as an integral part of the
principal building or erected detached from the principal building and it may be connected
therewith by a breezeway or similar structure. An accessory building attached to the main
building shall be made structurally a part and have a common wall with the principle building
and shall comply in all respects with the requirements of this chapter applicable to the main
building. When a property owner owns.two adjacent lots and wishes to erect an accessory
building on the lot that does not contain the main building, the accessory building must
straddle the adjoining lot line. Any utility service to an accessory building shall be serviced
from the main building. No separate utility meter will be allowed on an accessory building.
At a Joint Public Hearing held May 20,2013,the Planning Commission recommended 8:0 to approve
the amendments to Section 28.04.003 (c)(5)(E) and Section 28.04.008 (b)(7) of the Zoning
Ordinance.
FUNDING SOURCE
Not applicable.
RECOMMENDATION
ENDATION
Approval of ordinance.
i
ORDINANCE NO.
ENTITLED AN ORDINANCE AMENDING CHAPTER 28,
ARTICLE 28.04, SUBSECTIONS 28.04.003(c)(5)(E) AND
28.04.008(b)(7) OF THE CODE OF ORDINANCES OF
BEAUMONT, TEXAS, TO MAKE CORRECTIONS AND
ADDITIONS; PROVIDING FOR THE LOCATION OF AND
UTILITY SERVICE TO ACCESSORY BUILDINGS;
PROVIDING FOR SEVERABILITY; PROVIDING FOR
REPEAL; AND PROVIDING A PENALTY.
BE IT ORDAINED BY THE CITY OF BEAUMONT:
Section 1.
THAT Chapter 28, Article 28.04, Section 28.04.003 of the Code of Ordinances be
and the same is hereby amended by amending Subsection 28.04.003(c)(5)(E)to read as
follows:
(E) No more than sixty (60) square feet or W (50) percent of the maximum
sign area, whichever is less, shall be dedicated to electrical changeable
copy.
Section 2.
THAT Chapter 28,Article 28.04, Section 28.004.008 of the Code of Ordinances be
and the same is hereby amended by amending Subsection 28.004.008(b)(7) to read as
follows:
(7) A99OWly twddiWs. An accessory building may be erected as an integral
part of the principal building or erected detached from the principal building
and it may connected therewith by a breezeway or similar structure. An
accessory building attached to the main building shad be made structurally
a part and have a common wall with the principle building and shall comply
in all respects with the requirements of this chapter applicable to the main
building. When a property owner owns two adjacent lots and wishes to
erect an accessory building on the lot that does not contain the main
building, the accessory building must straddle the adjoining lot line. Any
utility service to an accessory building shall not be serviced from the main
building. No separate utility meter will be allowed on an accessory building.
Section 3..
That if any section,subsection,sentence,clause of phrase of this ordinance,
or the application of same to a particular set of persons or circumstances, should for any
reason be held to be invalid, such invalidity shall not affect the remaining portions of this
ordinance, and to such end, the various portions and provisions of this ordinance are
declared to be severable.
Section 4.
That all ordinances or parts of ordinances in conflict herewith are repealed to the
extent of the conflict only.
Section 5.
That any person who violates any provision of this ordinance shall,upon conviction,
be punished, as provided in Section 1.01.009 of the Code of Ordinances of Beaumont,
Texas.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 4th day of June,
2013.
- Mayor Becky Ames -
6
June 4,2013
Consider a resolution authorizing the City Manager to approve a contract for the South Park Area
Water and Sanitary Sewer Improvements Project
RICH WITS OPPORTUNITY
nrA,,W0,,N,,
DE
T R ' g ' A ' S City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Dr. Hani J. Tohme, P.E., City Utilities Director
MEETING DATE: June 4, 2013
REQUESTED ACTION: Council consider authorizing the City Manager to execute a
contract with Allco, Ltd. for the South Park Area Water and
Sanitary Sewer Improvements Project.
BACKGROUND
The proposed contract is with Allco, Ltd., of Beaumont in the amount of$1,407,669.35 (bid
tabulation attached). The project will rehabilitate approximately 1,402 linear feet of 6-inch, 90
linear feet of 8-inch, 932 linear feet of 10-inch, and 1,055 linear feet of 12-inch sanitary sewer
lines,60 linear feet of steel casing of various diameters,install a new manhole,remove and replace
19 (nineteen)existing manholes,and remove and replace 8 sanitary sewer services. The project
will also rehabilitate approximately 7,672 linear feet of 6-inch, 5,069 linear feet of 8-inch, and
2,723 linear feet of 12-inch water line, 18 fire hydrant assemblies, 73 gate valves of various sizes,
72 short side services, 51 long side services, and related appurtenances.
The MBE participation will be with All American Construction Supply and CJ Express,Inc.,both
of Beaumont. The total amount of the subcontracts is$388,281.00, which represents 27.58
percent of the total bid.
The project will follow along the route of the upcoming South Park Drainage Project. The work
will relocate or rehabilitate the existing water and sanitary sewer lines.along Kenneth Avenue,
Brockman Street,Reed Street,Grandberry Street,Adams Street,MLK Parkway,E. Lavaca Street,
East Woodrow Street, Maddox Street, and East Virginia Street.
The City's standard specifications require a general contractor to submit a responsive bid in which
all of the requirements of the invitation to bid are fulfilled without exception or deviation. The
apparent low bidder did not meet the minimum requirements in the Supplemental General
Conditions. The contract requires that the Contractor perform not less than 50%of the work.
The apparent low bidder planned to only perform up to 25%of the work,with their subcontractor
handling the remaining 75%. The apparent 2nd lowest bidder has only been in business for two(2)
South Park Area Water& Sanitary Sewer Improvements
June 4, 2013
Page 2 of 2
years,and did not meet the minimum requirement of five(5) years experience. Therefore,the
apparent low bid and apparent 2nd lowest bid have been rejected due to noncompliance with bid
specifications. Neither of these two firms are Beaumont companies,where Allco, Ltd. is a local
company.
Administration recommends awarding the contract to the third lowest bidder,Allco, Ltd. who
meets all bid specifications.
FUNDING SOURCE
Capital Program.
RECOMMENDATION
Approval of the resolution.
O••Fx7
BID TABULATION '• '
SOUTH PARK AREA WATER AND SANITARY SEWER REHABILITATION AMWA VUARRM
BID OPENING DATE:Thursday May 2,2013 """ M .¢
The Bid Proposals submi d havereviewed and to the st of my kn ge is is an accurate tabulation of the bids received. 40.SIC $Q�:kw
FB �AL��
By:Amapa Villarreal,PE,Water Utilities Engineer Date:502013
McInnis Construction,Inc. MK Conametors Ali=
ITEM NUMBER QUANTITY DESCRIPTION SILSBEE,TX HIDOR,TX BEAUMONT,TX
RICKY McINNIS KENNETH STEWART T.W.HARRISON
UNIT PRICE TOTAL. UNIT PRICE TOTAL UNIT PRICE TOTAL
ITEM NO.1 1 Mobilization $ 38,500.00 $ 38,500.00 $ 43,000.00 $ 43,000.00 $ 40,000.00 $ 40,000.00
ITEM NO.2 746 6"HDPE by pipebursting $ 55.00 $ 41,030.00 $ 37.00 $ 27,602.00 $ 52.23 $ 38,963.58
ITEM NO.3 118 8"HDPE by pipe bursting $ 51.70 $ 6,100.60 $ 37.00 $ 4,366.00 $ 55.46 $ 6,544.28
ITEM NO.4 1,697 10"HDPE by pipe bursting $ 60.50 $ 102,668.50 $ 47.00 $ 79,759.00 $ 59.50 $ 100,971.50
ITEM NO.5 1,044 12"HOPE by pipe bursting $ 82.50 $ 86,130.00 $ 65.00 $ 67,860.00 $ 68.92 $ 71,952.48
ITEM NO.6 70 12"x 1/4'steel casing $ 132.00 $ 9,240.00 $ 90.00 $ 6,300.00 $ 164.00 $ 11,480.00
ITEM NO.7 10 16'x 1/4"steel casing $ 220.00 $ 2,200.00 $ 150.00 $ 1,500:00 $ 207.00 $ 2,070.00
ITEM NO.8 60 20"x 1/4"steel casing $ 143.00 $ 8,580.00 $ 150.00 $ 9,000.00 $ 252.00 $ 15,120.00
ITEM NO.9 10 Stabilization of existing manhole. $ 440.00 $ 4,400.00 $ 100.00 $ 1,000.00 $ 50.00 $ 500.00
ITEM NO.10 1 Furnish and install new manhole. $ 3,410.00 $ 3,410.00 $ 3,500.00 3,500.00 $ 3,510.00 $ 3,510.00
ITEM NO.11 16 Remove and replace existing manhole. $ 3,850.00 $ 61,600.00 $ 3,500.00 $ 56,000.00 $ 3,710.00 $ 59,360.00
ITEM NO.12 1 Furnish and Install end of line cleanout. $ 880.00 $ 880.00 $ 500.00 $ 500.00 $ 500.00 $ 500.00
ITEM NO.13 5 Replace 4"short side service connection. $ 770.00 $ 3,850.00 $ 750.00 $ 3,750.00 $ 560.00 $ 2,800.00
ITEM NO.14 3 Replace 4'long side service connection. $ 1,760.00 $ 5,280.00 $ 1,600.00 $ 4,800.00 $ 950.00 $ 2,850.00
ITEM NO.15 8 Televise existing sanitary sewer service lines $ 330.00 $ 2,640.00 $ 250.00 $ 2,000.00 $ 300.00 $ 2,400.00
Clean and televise 6-to 12-inch existing sanitary
ITEM NO.16 3,605 sewer lines. $ 3.30 $ 11,896.50 $ 3.50 $ 12,617.50 $ 4.00 $ 14,420.00
Clean and televise 6-to 12-inch newly pipe burst
ITEM NO.17 3,605 sanitary sewer Ones. $ 2.20 $ 7,931.00 $ 2.50 $ 9,012.50 $ 3.00 $ 10,815.00
ITEM NO.18 1 Trench Safety Plan $ 1,650.00 $ 1,650.00 $ 1,000.00 $ 1,000.00 $ 1,000.00 $ 1,000.00
ITEM NO.19 1 Trench Safety System $ 1,650.00 $ 1,650.00 $ 1,500.00 $ 1,500.00 $ 500.00 $ 500.00
ITEM NO.20 7,672 6"PVC C-900 water line $ 30.80 $ 236,297.60 $ 40.50 $ 310,716.00 $ 41.58 $ 319,001.76
ITEM NO.21 5,069 8"PVC C-900 water line $ 35.20 $ 178,428.80 $ 43.00 $ 217,967.00 $ 44.58 $ 225,976.02
ITEM NO.22 2,723 12"PVC C-900 water tine $ 50.80 $ 137,783.80 $ 54.00 $ 147,042.00 $ 52.51 $ 142,984.73
ITEM NO.23 60 6"45-deg bend(MJ) $ 330.00 $ 19,800.00 $ 350.00 $ 21,000.00 $ 145.00 $ 8,700.00
ITEM NO.24 67 8"45-deg bend(MJ) $ 396.00 $ 26,532.00 $ 450.00 $ 30,150.00 $ 200.00 $ 13,400.00
ITEM NO.25 1 20 12"46-deg bend MJ $ 632.50 $ 12,650.00 $ 650.00 , $ 13,000.00 $ 400.00 . $ 8,000.00
BID TABULATION
SOUTH PARK AREA WATER AND SANITARY SEWER REHABILITATION
BID OPENING DATE:Thursday May 2,2013
Page 2 of 3
McInnis Construction,Inc. MK Constructors Allco
ITEM NUMBER QUANTITY DESCRIPTION SILSBEE,TX MOOR,TX BEAUMONT,TX
RICKY McINNIS KENNETH STEWART T.W.HARRISON
UNIT PRICE TOTAL UNIT PRICE TOTAL UNIT PRICE TOTAL
ITEM NO.26 2 8"90-deg bend(MJ) $ 462.00 $ 924.00 $ 550.00 $ 1,100.00 $ 230.00 $ 460.00
ITEM NO.27 4 2"MJ solid sleeve $ 220.00 $ 880.00 $ 200.00 $ 800.00 $ 550.00 $ 2,200.00
ITEM NO.28 3 2-1/4"MJ sold sleeve $ 209.00 $ 627.00 $ 200.00 $ 600.00 $ 550.00 $ 1,650.00
ITEM NO.29 1 3"MJ solid sleeve $ 330.00 $ 330.00 $ 200.00 $ 200.00 $ 550.00 $ 550.00'
ITEM NO.30 19 6'MJ solid sleeve $ 341.00 $ 6,479.00 $ 300.00 $ 5,700.00 $ 1,375.00 $ 26,125.00
ITEM NO.31 15 8"MJ solid sleeve $ 412.50 $ 6,187.50 $ 450.00 $ 6,750.00 $ 1,450.00 $ 21,750.00
ITEM NO.32 4 12"MJ solid sleeve ,$ 616.00 $ 2,464.00 $ 700.00: $ 2,800.00 $ 2,800.00 $_ 11„200.00
ITEM NO.33 2 6"x 2"_tapping saddle $ 770.00 $ 1,540.00 $ 500.00 $ 1,000.00 S 626.00 $ 1,250.00
ITEM NO.34 9 6"x 6'MJ tae $ 467.50 $ 4,207.60 $ 550.00 $ 4,950,00 $ 230.00 $ 2,070.00
ITEM NO.35 3 8"x 8"MJ tee $ 583.00 $ 1,749:00 $ 950.00 $ 2,880.00 $ 325.00 $ 975.00
ITEM NO.36 1 12"x 6"MH reducing tee $ 880.00 $ 880.00 $ -850.00 $ 860.00 $ 525.00 $ 525.00
ITEM NO.37 1 8'x 6"MJ reducing tee $ 550.00 $ 550.00 $ 650.00 $ 650.00 $ 300.00 $ 300.00
ITEM NO.38 1 8"x 6"MJ reducer $ 385.00 $ 385.00 $ 300.00 $ 300.00 $ 180.00 $ 180.00
ITEM NO.39 2 8'x 4"MJ reducer $ 357.50 $ 715.00 $ 250.00 $ 500.00 $ 160.00 $ 320.00
ITEM NO.40 2 6'x 3"-W reducer $ 357.50 $ 715.00 $ 200.00 $ 400.00 $ 125.00 $ 250.00
ITEM NO.41 6 6"x 4"MJ reducer $ 308.00 $ 1,848.00 $ 200.00 $ 1,200.00 $ 135.00 $ 810.00
ITEM NO.42 2 4"x 2-1/4"MJ reducer $ 357.50 $ 715.00 $ 249.00 $ 498.00 $ 145.00 $ 290.00
ITEM NO.43 6 4"x 2'MJ reducer $ 258.50 $ 1,551.00 $ 175.00 $ 1,050:00 $ 125.00 $ 750.00
ITEM NO.44 1 3"x 2-114*MJ reducer $ 330.00 $ 330.00 $ 500.00 $ 500.00 $ 195.00 $ 195.00
ITEM NO.45 1 8'x 8"MJ cross $ 748.00 $ 748.00 $ 800.00 $ 800.00 $ 400.00 $ 400.00
ITEM NO.46 2 B"x 6"MJ Cross $ 660.00 $ 1,320.00 $ 800.00 $ 1,600.00 $ 500.00 $ 1,000.00
ITEM NO.47 5 8'x 6"MJ reducing cross $ 704.00 $ 3,520.00 $ 650.00 $ 3,250.00 $ 400.00 $ 2,000.00
ITEM NO.48 30 Replace 1"short side water service connection $ 517.00 $ 15,510.00 $ 700.00 $ 21,000.00 $ 475.00 $ 14,250.00
ITEM NO.49 40 Replace 1 long side water service connection $ 770.00 $ 30,800.00 $ 975.00 $ 39,000.00 $ 625.00 $ 25,000.00
ITEM NO.50 1 21 R 2"short side water service connection $ 880.00 $ 18,480.00 .$ 1 100.00 $ 23,100.00 $ 775.00 , $ 16,275.00
BID TABULATION
SOUTH PARK AREA WATER AND SANITARY SEWER REHABILITATION
BID OPENING DATE:Thursday May 2,2013
Page 3 of 3
McInnis Conduction,Inc. MK Constructors Aileo
ITEM NUMBER QUANTITY DESCRIPTION SILSBEE,TX VIDOR,TX BEAUMONT,TX
RICKY McINNiS KENNETH STEWART T.W.HARRISON
UNIT PRICE TOTAL UNIT PRICE TOTAL UNIT PRICE TOTAL
ITEM NO.61 32 Replace 2"long side water service connection $ 1,155.00 $ 36,960.00 $ 1,400.00 $ 44,800.00 $ 925.00 $ 29,600.00
ITEM NO.52 32 6"resilient wedge gate valve&valve box $ 957.00 $ 30,624.00 $ 950.00 $ 30,400.00 $ 925.00 $ 29,600.00
ITEM NO.53 27 8"resilient wedge gate valve&valve box $ 1,336.50 $ 36,085.50 $ 1,300.00 $ 35,100.00 $ 1,200.00 $ 32,400.00
ITEM NO.54 7 12"resilient wedge gate valve&valve box $ 2,530.00 $ 17,710.00 $ 2,230.00 $ 15,610.00 $ 2,125.00 $ 14,875.00
ITEM NO.55 18 Fire hydrant assembly. $ 4,290.00 $ 77,220.00 $ 3,950.00- .$ 71,100.00 $ 3,700.00 $ 66,600.00
1, 1,
Acknowledge Addenda Yes Yes Yes
Acknowledge Addenda 2 Yes Yes Yes
Acknowledge Addenda 3 Yes Yes Yes
Bid Summary Yes Yes Yes
Bid Bond Yes Yes Yes
Corporate Resolution Yes Yes Yes
Information Required of Bidder Yes Yes Yea
Provision an Conflict of Interest Yes Yes Yes
ConW of interest Questionnaire Yes Yes Yes
Minority Business Utilization Commitment Yes Yes Yes
Schedule C(MBE Participation) Yes Yes Yes
Minimum Experience Yes Yes Yes
Minimum 50%of Work Performed by Contractor No Yes Yes
Bound Book Enclosed with Bid No No Yes
SOUTH PARK DRAINAGE REL
CITY OF BEAUMONT j
SCHEDULE C
(MBE PARTICIPATION)
ALLOD
i
NAME i
PROTECT: SOUTH PARK WATER & SANITARY SEWER REHAB PROTECT
I
CERTIFIED MBE
CONTRACTOR ADDRESS TYPE OF WOR .AGREED PRICE
ALL AMERICAN
CONSTRUCTION SUPPLY BEAUMONT TEXAS CONSTRUCTION jMRIAL
� $364,281 .00
CJ EXPRESS INC. BEAUMONT TEXAS TRUCKING i $ .24,000.00
I ..
i
The undersigned will enter into a formal agreement with MBE Contractors for work hoed in this schedule conditioned upon execution
of a contract with the City of Beaumont.
i
NOTE: 1. This schedule should be submitted with your bid.
I
SIGNATURET.W_ EFRRISON
I
PRESIDENT j
TITLE j
I
I '
45
I
I
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF BEAUMONT:
THAT the City Council hereby approves the award of a contract to Allco, Ltd., of
Beaumont, Texas, in the amount of $1,407,669.35 for the South Park Area Water and
Sanitary Sewer Improvement Project.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 4th day of June,
2013.
- Mayor Becky Ames -
7
June 4,2013
Consider a resolution approving a change order to the contract with Brystar Contracting,Inc.,
related to the Cattail Marsh Constructed Wetland Rehabilitation Project
RICH WI TH OPPORTIFNITY
F B,,EAD
; ,
T ' R ' z ' A ' S City C cH Agemk Item
TO: City Council
FROM: Kyle Hayes,City Manager
PREPARED BY: Dr. Hani J. Tohme,P.E.,City Utilities Director 16
MEETING DATE: June 4, 2013
REQUESTED ACTION: Council consider a resolution approving a change order to
the contract with Brystar Contracting, Inc., related to the
Cattail Marsh Constructed Wetland Rehabilitation Project.
BACKGROUND
The City Council approved a contract with Brystar Contracting,Inc.,on November 6,2007, in
the amount of$12,844,000.00. The contract was to address the major physical,chemical,and
biological changes encountered at the wetlands since they were built in 1990. These changes
prohibit the wetlands from meeting the design criteria and discharge limits set by the Texas
Commission on Environmental Quality(TCEQ).
The proposed change order in the amount of$114,942.50 will furnish all necessary labor,
materials,and equipment to construct the structural frame for the installation of a new bar screen
system. The purchase of the bar screen was approved by the City Council on May 14,2013.
The new screen will be installed prior to the discharge point at the constructed wetlands to
protect the pumps and the plants from harmful high water levels. The installation of this screen
will also satisfy a proposal to the TCEQ that is part of the Agreed Order that will expire in June
2013.
The Water Utilities Department has negotiated and agreed upon a 4.5-year waiver with the
TCEQ regarding discharge limits provided the City rehabilitates the wetlands. In January 2012
the TCEQ agreed to add an additional 1.5 years to the waiver. The waiver protects the City from
fines that can be issued by the TCEQ as a penalty for permit limit excursions. The change order
proposed by the City does not compromise the agreement with the TCEQ nor the integrity of the
design.
Cattail Marsh Constructed wetlands Rehabilitation
June 4, 2013
Page 2 of 2
Previous actions include:
Resolution 07-369 in the amount of$12,894,000.00 was passed by the City Council on
November 6,2007.
Resolution 07-369 in the amount of($3,212,387.72)was passed by City Council on November 6,
2007.
Resolution 11-053 in the amount of$188,137.97 was passed by City Council on February 1,
2011.
Resolution 11-127 in the amount of$40,353.00 was passed by City Council on April 12,2011.
Resolution 11-284 in the amount of$54,128.40 was passed by City Council on September 27,
2011.
Resolution 12-048 in the amount of$92,160.00 was passed by City Council on March 20, 2012.
FUNDING SOURCE
Capital Program-
RECOb MENDATION
Approval of the resolution.
APPROVAL OF CONTRACT CHANGE
CHANGE ORDER No.Sixes
DATE: June 4,2013
PROJECT: City of Beaumont,Texas
Cattail Marsh Constructed Wetland Rehabilitation
OWNER: City of Beaumont,Texas
801 Main Street
Beaumont,Texas 77704
CONTRACTOR: BMW Contractors,Inc.
8385 Chemical Road
Beaumont,Texas 77705
TO THE OWNER: Approval of the following contract change is requested.
Ream for Change: To furnish all labor,equipment,materials,and supervision as required to construct the structural support
for the now bar so=system. No correction in contract time(additional work days)is required in conjunction with this
change.
ORIGINAL CONTRACT AMOUNT: SIUMA 00
AMOUNT OF CHANGE ORDER No.1 ($3,212,387.72)
AMOUNT OF CHANGE ORDER No.2 $188,137.97
AMOUNT OF CHANGE ORDER No.3 $40,353.00
AMOUNT OF CHANGE ORDER No.4 $54,128.40
AMOUNT OF CHANGE ORDER No.5 $92,160.00
REVISED CONTRACT AMOUNT PER PREVIOUSLY APPROVED
CHANGE ORDERS No.1,2,3,'4,and 5 S10.056391.ti5
THIS CHANGE ORDER
Description: Net Change
Furnish all necessary Labor,Equipment,Materials,and Supervision,as required
to construct the structural support for the installation of a new bar screen system $114,942.50
per Plans 12480,pages SOl-SO4.
TOTAL AMOUNT OF THIS CHANGE ORDER: $114.942.50
TOTAL REVISED CONTRACT AMOUNT INCLUDING
THIS CHANGE ORDER: $10.171334.15
CONTRACT TIME
Additional Time(Days)RequestWGranted: 0 Calendar Days
CONDITION OF CHANGE:
"Contractor aclmowledges and agrees that the adjustments in contract price and contract time stipulated in this Change Order
represents hill 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 dus Change Order and all previous Change Orders. Acceptance of this
waiver constitutes an agreement between Owner and Contractor that the Change Order rests an all inclusive,mutually
agreed upon iu justment to the Contract,and that Contractor will waive all rights to file a claim on this Change Order after it is
properly executed."
Recommended by: Approved by: Accepted by:
) 7
City of Beaumont City of Beaumont Brystar Contracting,Inc.
City Utilities Director Owner COnUZCtDI
Date: Date: Date:
E:\W-kffi-W,--JWWAM-Pt--W%WN®d R&-bQ*k-WA.Re Ode W 6 n..1.
aftysrA4 '
CONTRAC' NG, INC.
8385 Chemical Road•Beaumont,Texas 77705 • (409) 842-6768
May 21,2013
Dr.Hani Tohme
City of Beaumont
1350 Langham
Beaumont,Texas 77707
RE: Sewage Treatment Plant Structural Screen Support Site Plan—Cattail Marsh
Dear Sir:
As per our discussions I offer the following proposal for your review.
We propose to furnish all necessary Labor,Equipment,Materials and Supervision to construct the
structural screen support site per Plans 12480 501—SO4 and the following scope of work.
SCOPE OF w0t x
Mobilization $ 2,000.00
Supervision $ 3,440.00
Layout and construction staking $ 1,265.00
Equipment $ 9,215.00
Materials $ 69,185.00
Labor $ 14,845.00
Subtotal: $ 99,950.00
OH&P 15%: $ 14,99250
Total: $ 1146942.50
Should you have any questions please do not hesitate to call.
Sincerely,
Everett Aht6ps
Everett Phelps
Brystar Contracting,Inc.
RESOLUTION NO.
WHEREAS, on November 6,2007,the City Council of the City of Beaumont,Texas,
passed Resolution No.07-369 awarding a contract in the amount of$12,894,000 to Brystar
Contracting,of Beaumont,Texas,for the Cattail Marsh Constructed Wetland Rehabilitation
Project; and,
WHEREAS, on November 6, 2007,the City Council of the City of Beaumont,Texas
passed Resolution No. 07-369 approving Change Order No. 1 in the amount of
($3,212,387.72), thereby decreasing the contract amount to $9,681,612.28; and,
WHEREAS, on February 1, 2011, the City Council of the City of Beaumont, Texas
passed Resolution No. 11-053 approving Change Order No. 2 in the amount of
$188,137.97, thereby increasing the contract amount to $9,869,750.25; and,
WHEREAS, on April 12, 2011, the City Council of the City of Beaumont, Texas
passed Resolution No. 11-127 approving Change Order No. 3 in the amount of
$40,353.00, thereby increasing the contract amount to $9,910,103.25; and,
WHEREAS, on September 27, 2011, the City Council of the City of Beaumont,
Texas, passed Resolution No. 11-284 approving Change Order No. 4 in the amount of
$54,128.40, thereby increasing the contract amount to $9,964,231.65; and,
WHEREAS, on March 20, 2012, the City Council of the City of Beaumont, Texas
passed Resolution No. 12-048 approving Change Order No. 5 in the amount of
$92,160.00, thereby increasing the contract amount to $10,056,391.65; and,
WHEREAS, proposed Change Order No. 6, in the amount of $114,942.50, is
required to furnish all necessary labor, materials, and equipment to construct the structural
frame for the installation of a new bar screen system;
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. 6 for additional work described above, thereby increasing the contract amount by
$114,942.50 for a total contract amount of$10,171,334.15.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 4th day of June,
2013.
- Mayor Becky Ames -