HomeMy WebLinkAboutPACKET JUN 25 2013 •iC■ w1T2 OFFO#TOAITT
BEAUNON*
T • 8 • a • A • 8
REGULAR MEETING OF THE CITY COUNCIL
COUNCIL CHAMBERS JUNE 25,2013 1:30 P.M.
CONSENT AGENDA
* Approval of minutes—June 18, 2013
* Confirmation of committee appointments
Jef Russell would be reappointed to the Convention and Tourism Advisory Board. The current
term would expire April 4,2015. (Councilmember W.L. Pate, Jr.)
Norris Turner would be reappointed to the Historic Landmark Commission. The current term
would expire June 18, 2015. (Councilmember Jamie D. Smith)
Georgine Guillory would be reappointed to the Small Business Revolving Loan Fund Board.
The current term would expire June 11, 2015. (Councilmember Jamie D. Smith)
Pastor Dwight Benoit would be reappointed to the Police Department Community Advisory
Committee. The current term would expire January 10, 2015. (Mayor Becky Ames)
A) Approve a resolution authorizing the City Manager to execute a deed conveying a single
family home located at 405 Jeanette Street to Legacy Community Development
Corporation
B) Approve a resolution authorizing the City Manager to file an After the Fact Permit and
Tolling Agreement for the Department of the Army, Galveston District, Corps of
Engineers
C) Approve a resolution authorizing the acceptance of a ten foot wide Exclusive Water Line
Easement located at 7925 North Major Drive
D) Approve a resolution authorizing the City Manager to execute letters of understanding
with Hertz Equipment Rental of Deer Park and United Rentals of Beaumont to provide
emergency generators for the City of Beaumont during a declared disaster
E) Approve a resolution approving a contract for Towing Services-Impounding of
Uninsured Vehicles to TNT Towing of Beaumont
F) Approve a resolution accepting grant funding through the Department of Homeland
Assistance to Firefighter Grant Program
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF BEAUMONT:
THAT the following reappointments be made:
ReaRRointment Commission @"inniing Ex irg ation
of Term of Term
Jef Russell Convention and Tourism Advisory Board 06/25/13 04/04/15
Norris Turner Historic Landmark Commission 06/25/13 06/18/15
Georgine Guillory Small Business Revolving Loan Fund Board 06/25/13 06/11/15
Pastor Dwight Benoit Police Department Community Advisory Committee 06/25/13 01/10/15
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 25th day of
June, 2013.
- Mayor Becky Ames -
A
RICH WITH OPPORTUNITY
IIEAIIMON*
T • E • x . A . $ City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Patrick Donart, Public Works Director
MEETING DATE: June 25, 2013
REQUESTED ACTION: Council consider a resolution authorizing the City Manager to
execute a deed conveying a single family home located at 405
Jeanette Street to Legacy Community Development Corporation.
BACKGROUND
Under Texas Local Government Code Section 253.011, a municipality may transfer to a
nonprofit organization,real property without complying with the notice and bidding
requirements of Section 272.001(a)by a Special Warranty Deed.
The Special Warranty Deed must include a provision that requires the nonprofit organization to
use the property in the manner of providing affordable homes and if the nonprofit organization at
any time fails to use the property in that manner,the property will automatically revert to the
City of Beaumont.
The property is a single family home located at 405 Jeanette Street described as being a 0.4120
acre of land out of and part of Lot Three (3), Block One(1) in the Happ J and D in the City of
Beaumont, Jefferson County, Texas. The City of Beaumont acquired the property as a part of
the SETRPC Hurricane Rita Housing Assistance Program. The property will be donated as
rental property to Legacy Community Development Corporation to lease to a low-to-moderate
income individual or family.
FUNDING SOURCE
Not Applicable.
RECOMMENDATION
Approval of resolution.
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF BEAUMONT:
THAT, pursuant to Texas Local Government Code Sections 253.010 and 253.011,the City
Manager be and he is hereby authorized to execute a Special Warranty Deed,substantially
in the form attached hereto as Exhibit"A," conveying a single family home located at 405
Jeanette Street, described as being a 0.4120 acre tract of land out of and part of Lot Three
(3), Block One(1) in the Happ J and D Addition in the City of Beaumont, Jefferson County,
Texas, to Legacy Community Development Corporation to lease to a low-to-moderate
income individual or family.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 25th day of
June, 2013.
- Mayor Becky Ames -
NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU
MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION
FROM THIS INSTRUMENT THAT TRANSFERS AN INTERST IN REAL PROPERTY
BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL
SECURITY NUMBER OR DRIVER'S LICENSE NUMBER.
THE STATE OF TEXAS X
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF JEFFERSON X
SPECIAL WARRANTY DEED
THAT,the CITY OF BEAUMONT, a municipal corporation domiciled in the County
of Jefferson, State of Texas, hereinafter called GRANTOR for and in consideration of the
sum of TEN AND NO/100 ($10.00) DOLLARS and other good and valuable consideration,
the receipt and sufficiency of which is hereby acknowledged, has GRANTED, SOLD and
CONVEYED, and by these presents does GRANT, SELL and CONVEY unto the LEGACY
COMMUNITY DEVELOPMENT CORPORATION, a Texas Non-Profit Corporation,
hereinafter called GRANTEE, of the County of Jefferson, State of Texas, whose address is
620 Pearl, Beaumont, Texas 77701, all that certain tract or parcel of land in the County of
Jefferson, Texas, described and made a part hereof for all purposes (the "Property") as
follows
Being Lot Three (3), Block One (1) Happ J and D Addition, to the City of
Beuamont, Jefferson County, Texas according to the map or plat of record in
the office of the County Clerk.
GRANTEE covenants and agrees that the property described above shall be used for
the purpose of providing decent, safe, sanitary and affordable housing units for low to
moderate income families. If GRANTEE fails to use the property for the stated purpose,title
to the property shall automatically revert to GRANTOR and GRANTEE will execute a
Special Warranty Deed to GRANTOR and file such deed of record in the Deed Records of
EXHIBIT "A"
Jefferson County, Texas. In the event GRANTEE at any time breaches the foregoing
restrictive covenants, GRANTOR shall have the right to demand a reversion of the property
to GRANTOR, and GRANTEE agrees to execute a Special Warranty Deed in favor of
GRANTOR upon written request of GRANTOR.
GRANTEE understands and agrees that should GRANTEE become defunct or
insolvent and at any time fails to use the "Property" in the manner of providing affordable
housing,the"Property" shall automatically revert to the GRANTOR as provided herein.
This conveyance is subject to any restrictive covenants, outstanding mineral interests
and easements affecting the property above described.
TO HAVE AND TO HOLD the above described premises together with all and
singular the rights and appurtenances thereto and in any wise belonging, unto the said
GRANTEE and GRANTEE'S successors and assigns, forever; and said GRANTOR binds
itself and its successors and assigns to warrant and forever defend all and singular the said
premises unto the said GRANTEE and GRANTEE'S successors or assigns, against every
person whomsoever lawfully claiming or to claim all or any part of the property, subject to
the provisions stated above, when the claim is by, through, or under GRANTOR but not
otherwise.
EXECUTED this the day of , 2013.
THE CITY OF BEAUMONT
By:
Kyle Hayes, City Manager
ACKNOWLEDGMENT
STATE OF TEXAS X
COUNTY OF JEFFERSON X
This instrument was acknowledged before me on this day of ,
2013, by Kyle Hayes, City Manager of the City of Beaumont, a municipal corporation, on
behalf of said City of Beaumont.
Notary Public, State of Texas
RETURN TO: CITY OF BEAUMONT
Antoinette Hardy
P. O.Box 3827
Beaumont,TX 77704
B
RICH WITH OPPORTUNITY
BEAUMON*
T • E • x • A - S City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Dr. Hani J. Tohme, P.E., Director of City Utilities
MEETING DATE: June 25, 2013
REQUESTED ACTION: Council consider a resolution authorizing the City Manager
to file an After the Fact Permit and Tolling Agreement for
the Department of the Army, Galveston District, Corps of
Engineers.
BACKGROUND
In 1932 the City of Beaumont constructed a 2.7 mile canal to transfer raw water from the Neches
River to the Water Treatment Plant on Pine Street. In 2002 the constructed canal was replaced
by a 48-inch pipeline to protect the integrity of the raw water from intentionally induced
contamination. After Hurricane Ike, it was determined that during an emergency, equipment
must be staged at or near the Water Treatment Plant to provide immediate debris clearing
capabilities. Since the constructed canal was no longer in use,the decision was made to backfill
approximately one acre of the abandoned canal located south of Marina Drive approximately 0.2
miles north of the intersection of Brakes Bayou and Interstate Highway 10, Beaumont, Jefferson
County, Texas. The constructed canal was filled using materials excavated from water and sewer
jobs in the area. The objective was to build a staging area with an elevation of 15 feet to protect
the equipment from a 100 year flood.
In December 2012,the Army Corps of Engineers claimed that the constructed canal is
considered Waters of the United States under Section 404 of the Clean Water Act(Section 404).
Therefore, the Army Corps of Engineers considered the fill materials discharge into
approximately an acre of the constructed canal as unauthorized and a permit should have been
acquired prior to the discharge.
Since the objective of discharging the fill materials into the manmade canal was to provide a
staging area for equipment during emergencies,the Army Corps of Engineers allowed the City to
apply for an After the Fact Permit that also requires signing a Tolling Agreement which may
allow the United States of America, on behalf of the United States Army Corps of Engineers,to
obtain appropriate injunctive relief and impose appropriate civil or criminal penalties for the
alleged unauthorized discharge.
FUNDING SOURCE
Water Utilities Fund.
RECOMMENDATION
Approval of resolution.
RESOLUTION NO.
WHEREAS, the Army Corps of Engineers claims the City must apply for approval,
after the fact, from the Army Corps of Engineers for the placing of fill material in the City
of Beaumont raw water transfer canal; and,
WHEREAS, the Army Corps of Engineers contends a Tolling Agreement to toll the
statue of limitations, if necessary, for the Army Corps of Engineers to obtain appropriate
injunctive relief and impose appropriate civil or criminal penalties for an alleged
unauthorized placing of fill materials is required;
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 apply for an After the
Fact Permit and enter into a Tolling Agreement with the Department of the Army,
Galveston District, Corps of Engineers. The agreements are substantially in the form
attached hereto as Exhibits "A" and "B" and made a part hereof for all purposes.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 25th day of
June, 2013.
- Mayor Becky Ames -
APPLICATION FOR DEPARTMENT OF THE ARMY PERMIT OMB APPROVAL NO.0710-0003
(33 CFR 325) EXPIRES: 31 August 2012
Public reporting burden for this collection of information is estimated to average 11 hours per response,including the time for reviewing instructions,searching
existing data sources,gathering and maintaining the data needed,and completing and reviewing the collection of information. Send comments regarding this
burden estimate or any other aspect of this collection of information,including suggestions for reducing this burden,to Department of Defense,Washington
Headquarters,Executive Services and Communications Directorate, Information Management Division and to the Office of Management and Budget,
Paperwork Reduction Project(0710-0003). Respondents should be aware that notwithstanding any other provision of law,no person shall be subject to any
penalty for failing to comply with a collection of information if it does not display a currently valid OMB control number.Please DO NOT RETURN your form to
either of those addresses.Completed applications must be submitted to the District Engineer having jurisdiction over the location of the proposed activity.
PRIVACY ACT STATEMENT
Authorities: Rivers and Harbors Act,Section 10,33 USC 403; Clean Water Act,Section 404,33 USC 1344;Marine Protection,Research,and Sanctuaries
Act,Section 103,33 USC 1413;Regulatory Programs of the Corps of Engineers;Final Rule 33 CFR 320-332. Principal Purpose:Information provided on this
form will be used in evaluating the application for a permit.Routine Uses: This Information may be shared with the Department of Justice and other federal,
state,and local government agencies,and the public and may be made available as part of a public notice as required by Federal law_Submission of
requested information is voluntary,however,if information is not provided the permit application cannot be evaluated nor can a permit be issued.One set of
original drawings or good reproducible copies which show the location and character of the proposed activity must be attached to this application(see sample
drawings and instructions)and be submitted to the District Engineer having jurisdiction over the location of the proposed activity. An application that is not
completed in full will be returned.
(ITEMS 1 THRU 4 TO BE FILLED BY THE CORPS)
1.APPLICATION NO_ 2.FIELD OFFICE CODE 3.DATE RECEIVED 4.DATE APPLICATION COMPLETE
(ITEMS BELOW TO BE FILLED BY APPLICANT)
5.APPLICANTS NAME: 8.AUTHORIZED AGENT'S NAME AND TITLE (an agent is not required)
First- NIA Middle- NIA Last— NIA First-HANI Middle- JFJW Last— Toww
Company— CITY OF BEAUMONT Company— CITY OF BEAUMONT
E-mail Address— NIA E-mail Address— htohme@ci.beawnonttx.us
6.APPLICANTS ADDRESS. 9.AGENTS ADDRESS
Address - 801 MAIN STREET,SUITE 325 Address - 1350 LANGHAM ROAD
City— BEAUMONT State— TEXAS Zip— 77701 Country— USA City— BEAUMONT State— TEXAS Zip—TM-r Country—usA
7.APPLICANTS PHONE NOs.W/AREA CODE. 10.AGENTS PHONE NOs.W/AREA CODE
a.Residence b.Business c.Fax a.Residence b.Business c.Fax
N/A 409-880-3715 409-861-1836 N/A 409-785-3000 409-661-4836
STATEMENT OF AUTHORIZATION
11.1 hereby authorize, DR.HAM J.TOHME,P.E. to act in my behalf as my agent in the processing of this application and to fumish,upon request,
supplemental information in support of this permit application.
APPLICANTS SIGNATURE DATE
NAME, LOCATION,AND DESCRIPTION OF PROJECT OR ACTIVITY
12.PROJECT NAME OR TITLE (see irmnicu ms)
LAWSON'S CANAL EMERGENCY STAGING AREA
13.NAME OF WATERBODY,IF KNOWN (if eppkaixe) 14.PROJECT STREET ADDRESS(if appkable)
LAWSON'S CANAL
Address N/A
15.LOCATION OF PROJECT
Latitude:°N 30.097863
Longitude: *W -w.Mm City- BEAUMONT State— TEXAS Ztp- 77702
16.OTHER LOCATION DESCRIPTIONS,IF KNOWN (see insbuctons)
State Tax Parcel ID Municipality cm'oF
Section— Township— Ranoe—
17.DIRECTIONS TO THE SITE
From Interstate 10,travel north 0.25 miles on Pine Street to Marina Drive. Go east on Marina Drive for 0.3 miles and arrive at the entrance gate.
ENG FORM 4345,SEPT 2009 EDITION OF OCT 2004 IS OBSOLETE Proponent:CECW-OR
EXHIBIT "A"
18. Nat.,ire of Activity (Description of project,include all features) }.
The project will fill that 600 linear foot section of Lawson's Canal located south of Marina Drive and north of the pump station that \fe s the
City of Beaumont Water Treatment Plant. The final elevation will be approximately 1-2 feet above the 100-year flood zone elevation.
19_ Project Purpose (Describe the reason or purpose of the project,see instructions)
The purpose of the project is to safely stage equipment near the Water Treatment Plant in the event of a hurricane or other disaster.The plant is in the
top 3 items on the City's Critical Infrastructure Key Resources(CIKR)List and is vital to the health and safety of the citizens and customers of the City of
Beaumont Water Utilities Department.This area is also near the City's new communication center that is also a storm shelter.
USE BLOCKS 20-23 IF DREDGED AND/OR FILL MATERIAL IS TO BE DISCHARGED
20. Reason(s)for Discharge
N/A
21. Type(s)of Material Being Discharged and the Amount of Each Type in Cubic Yards:
Type Type Type
Amount in Cubic Yards Amount in Cubic Yards Amount in Cubic Yards
N/A N/A N/A
22. Surface Area in Acres of Wetlands or Other Waters Filled (see instructions)
Acres N/A
Or
Liner Feet N/A
23. Description of Avoidance,Minimization,and Compensation (see instruaions)
N/A
24_ Is Any Portion of the Work Already Complete? Yes D No r] IF YES,DESCRIBE THE COMPLETED WORK
The existing water supply channel was backfilled and the fill was then compacted in 12" lifts.
25. Addresses of Adjoining Property Owners,Lessees,Etc.,Whose Property Adjoins the Waterbody(if more than an be entered here,please attach a supplemental list).
Address— CITY OF BEAUMONT, 801 MAIN STREET, SUITE 325
City- BEAUMONT State- TEXAS Zip- 77701
26. List of Other Certifications or Approvals/Denials Received from other Federal,State,or Local Agencies for Work Described in This Application.
AGENCY TYPE APPROVAL' IDENTIFICATION NUMBER DATE APPLIED DATE APPROVED DATE DENIED
N/A
'Would include but is not restricted to zoning,building,and flood plain permits
27. Application is hereby made for a permit or permits to authorize the work described in this application. I certify that the information in this application is
complete and accurate. I further certify that I possess the authority to undertake the work described herein or am acting as the duty authorized agent of the
applicant.
SIGNATURE OF APPLICANT DATE SIGNATURE OF AGENT DATE
The application must be signed by the person who desires to undertake the proposed activity(applicant)or it may be signed by a duly authorized agent if the
statement in block 11 has been filled out and signed.
16 U.S.C.Section 1001 provides that: Whoever,in any manner within the jurisdiction of any department or agency of the United States knowingly and willfully
falsifies,conceals,or covers up any trick, scheme, or disguises a material fact or makes any false,fictitious or fraudulent statements or representations or
makes or uses any false writing or document knowing same to contain any false, fictitious or fraudulent statements or entry, shall be fined not more than
$10,000 or imprisoned not more than five years or both.
ENG FORM 4345,SEPT 2009
TOLLING AGREEMENT
WHEREAS, the United States of America, on behalf of the United States Army Corps of
Engineers (Corps)may file a complaint against the City of Beaumont("potential defendant") for,
inter alia, alleged violations of Section 404 of the Clean Water Act, 33 U.S.C. Section 1344, at a
property located approximately 0.2 mile north of the intersection of Brakes Bayou and Interstate
Highway 10, Beaumont, Jefferson County, Texas.
WHEREAS,the purpose of any such complaint would be to obtain appropriate injunctive
relief and to impose appropriate civil or criminal penalties for potential defendant's alleged
violations of the statute cited above;
WHEREAS,the Corps accepted an after-the-fact(ATF) permit application from the
potential defendant in an attempt to settle the above claims;
WHEREAS, both parties believe that their interests will best be served by continuing the
ATF permit process without the disruption that might be occasioned should the United States file
a complaint in the immediate future;
AND WHEREAS both parties acknowledge the requirement found at 33 C.F.R.
331.11(c)for an applicant for an ATF permit to provide a signed tolling agreement;
EXHIBIT "B"
THEREFORE,the United States and potential defendant stipulate and agree as follows:
1. The United States and potential defendant agree that the time between the acceptance
by the Corps of the ATF permit application and the final Corps decision(as defined at 33 CFR
331.10),plus one year thereafter, will not be included in calculating any statute of limitations
that might be applicable to the alleged statutory violation(s) described above. Potential
defendant agrees not to assert,plead, or raise in any fashion on behalf of any party, whether by
answer, motion, or otherwise, any defense or avoidance based on the running of any statute of
limitations that may apply during that period or any defense or avoidance based on laches or
other principle concerning the timeliness of commencing a civil action, based on the failure of
the United States to file its complaint during that period.
2. Potential defendant further agrees not to transfer the property in question during the
pendency of this tolling agreement nor during the pendency of any civil action brought as
described above, without first notifying the United States and giving the United States a
reasonable opportunity to oppose such transfer.
3. Nothing in this tolling agreement shall restrict or otherwise prevent the United States
from filing a complaint regarding any alleged statutory violation(s)not described above, at any
time.
4. This tolling agreement does not constitute any admission of liability on the part of
potential defendant;nor does it constitute any admission or acknowledgment on the part of the
United States that any statute of limitations has run or that any statute of limitations is applicable
to the statutory claims described above.
5. This tolling agreement contains the entire agreement between the parties, and no
statement, promise or inducement made by any party to this agreement, or any agent of such
parties,that is not set forth in this agreement shall be valid or binding. This tolling agreement
may not be enlarged, modified or altered except in writing signed by the parties. This tolling
agreement may be executed in counterparts.
FOR the United States of America:
P. Alex Petty DATE
District Counsel
Galveston District, U.S. Army Corps of Engineers
FOR the City of Beaumont ("potential defendant")
City of Beaumont DATE
S.
C
RICH WITH OPPORTUNITY
r Ci}�' Council Agenda Item
T E X A S `'J b
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Patrick Donart,Public Works Director
MEETING DATE: June 25, 2013
REQUESTED ACTION: Council consider a resolution authorizing the acceptance of a ten
foot(10') wide Exclusive Water Line Easement.
BACKGROUND
Maxson Memorial Church, Inc. has agreed to convey a ten foot(10') wide exclusive Water Line
Easement to the City of Beaumont. The easement is described as being a 0.475 acre tract out of
the Daniel Easley League,Abstract No. 20. The water line easement is for a new worship center
located at 7925 North Major Drive.
FUNDING SOURCE
Not applicable.
RECOMMENDATION
Approval of resolution.
RESOLUTION NO.
WHEREAS, Maxson Memorial Church, Inc. has agreed to convey one ten (10)foot
wide exclusive water line easement, said easement being a 0.475 acre tract out of the
Daniel Easley League, Abstract 20, as described in Exhibit 1" and shown on Exhibit"2,"
attached hereto, to the City of Beaumont for the purpose of facilitating the construction of
a new worship center located at 7925 North Major Drive; and,
WHEREAS, the City Council has considered the purpose of said conveyance and
is of the opinion that the acceptance of said conveyance is necessary and desirable and
that same should be accepted;
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the statements and findings set out in the preamble to this resolution are hereby, in
all things, approved and adopted; and,
THAT the easement conveyed by Maxson Memorial Church, Inc., as described in
Exhibit"1"and shown on Exhibit"2," be and the same is hereby, in all things, accepted for
the stated purposes.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 25th day of
June, 2013.
- Mayor Becky Ames -
STATE OF TEXAS X
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF JEFFERSON X
WATER LINE EASEMENT
THAT,MAXSON MEMORIAL CHURCH, INC., of the County of Jefferson, State of
Texas hereinafter called "GRANTOR",whether one or more, for and in consideration of the sum
of ONE AND NO/100 DOLLAR($1.00), and other good and valuable consideration to us in
hand paid by the CITY OF BEAUMONT, a municipal corporation domiciled in Jefferson
County, Texas,hereinafter called "GRANTEE",the receipt and sufficiency of which
consideration is hereby acknowledged,has GRANTED, SOLD and CONVEYED, and by these
presents does GRANT, SELL and CONVEY unto the CITY OF BEAUMONT,P. O. Box 3827,
Beaumont, Texas 77704, Jefferson County, Texas, its successors and assigns, a Water Line
Easement and the exclusive right to construct,alter, and maintain said waterlines and
appurtenances on the hereinafter described lands which said easement is under, over, in and
across those certain tracts or parcels of land owned by GRANTOR situated in the County of
Jefferson, State of Texas, and being more particularly described in Exhibit"A", attached and
made a part hereof for all purposes.
The easement herein granted shall be used for the purpose of placing, constructing,
operating,repairing,rebuilding,replacing,relocating, and/or removing water lines and
appurtenances, and the following rights are also hereby conveyed collectively,the "Easement
Rights".
It is expressly understood and agreed that the City of Beaumont shall have the right of
ingress to and egress from the tracts of land hereinbefore described and use of the same for the
EXHIBIT "1"
purposes aforesaid, and giving said City the right and privilege to improve, maintain and operate
the same as permitted by law.
GRANTOR agrees not to place any structures or appurtenances within the Easement
Property that will interfere with Grantee's ability to exercise the Easement Rights.
Grantee shall not be responsible for the repair and replacement of any paving or other
structures within the Easement Property.
TO HAVE AND TO HOLD the above described easement and right-of-way unto the said
CITY OF BEAUMONT, its successors and assigns forever.
EXECUTED this day of , 2013.
GRANTOR:
MAXSON MEMORIAL CHURCH, INC.
By:
Printed Name: Gary Cantue
Title: President
ACKNOWLEDGMENT
STATE OF TEXAS X
COUNTY OF JEFFERSON X
BEFORE ME, the undersigned authority, on this day personally appeared
GARY CANTUE as PRESIDENT of MAXSON MEMORIAL CHURCH INC., known to me to
be the person and officer whose name is subscribed to the foregoing instrument, and
acknowledged to me that he executed the same as the act of such corporation for the purposes
and consideration therein expressed and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE,this day of , 2013.
RETURN TO: City of Beaumont Notary Public, State of Texas
Antoinette Hardy-Engineering
P. O. Box 3827
Beaumont, TX 77704
W, RTECH "Recognizing the landmarks of the past..setting our foresight towards the future with Advanced Geospatial Technology"
LAND SURVEYORS, INC.
Richard L. Worthey, RPLS
J.L. Sims, Jr., RPLS
Michael D. McGuinness, RPLS, CHS
Gregory S. Kays, RPLS
EXHIBIT "A"
Page 1 of 4
June 11, 2013
Surveyor's Field Note Description: 0.475 Acre Exclusive City Water Line Easement
BEING a 0.475 acre (20681.50 square feet) tract of land (Exclusive City Water Line
Easement) out of and a part of that certain Maxson Memorial Church, Inc. called 17.854
acre tract of land, more fully described and recorded in Clerk's File No. 2008042010 of the
Official Public Records of Jefferson County, Texas. Said 0.475 acre (20681.50 square feet)
tract of land (Exclusive City Water Line Easement) being situated in the Daniel Easley
League, Abstract No. 20, Jefferson County, Texas and being more particularly described as
follows:
BEGINNING at a point in the Southeast line of an existing 20 foot wide City of Beaumont
Sanitary Sewer Easement (per City of Beaumont Utility Maps), from which a 1/2 inch iron
rod found at the Northwest corner of said 17.854 acre tract, same being the Southwest
corner of that certain Praise Christian Center, Inc. called 10.00 acre tract of land, more
fully described and recorded in Clerk's File No. 95-9504843 of said Official Public Records,
same being in the Northeast right-of-way line of Major Drive (F. M. Highway 364) (120 foot
wide right-of-way), bears North 38 deg. 41 min. 32 sec. West, a distance of 309.69 feet;
THENCE North 55 deg. 37 min. 10 sec. East along and with the Southeast line of said 20
foot wide Sanitary Sewer Easement, a distance of 418.77 feet to a point;
THENCE South 32 deg. 56 min. 57 sec. East, a distance of 355.27 feet to a point;
THENCE South 57 deg. 03 min. 03 sec. West, a distance of 429.67 feet to a point in the
Northeast line of an existing 20 foot wide City of Beaumont Utilities Easement (per City of
Beaumont Utility Maps);
THENCE North 32 deg. 56 min. 41 sec. West along and with the Northeast line of said 20
foot wide Utilities Easement, a distance of 10.00 feet to a point;
Corporate Office:
1480 Cornerstone Court
Beaumont,Texas 77706
Tel: 409.866.9769 Fax: 409.866.7075
www.wortech.com
W
LAND SURVEYORS. INC.
EXHIBIT "A"
Page 2 of 4
0.475 Acre Exclusive City Water Line Easement
THENCE North 57 deg. 03 min. 03 sec. East, a distance of 124.25 feet to a point;
THENCE North 32 deg. 56 min. 57 sec. West, a distance of 17.53 feet to a point;
THENCE North 57 deg. 03 min. 03 sec. East, a distance of 10.00 feet to a point;
THENCE South 32 deg. 56 min. 57 sec. East, a distance of 17.53 feet to a point;
THENCE North 57 deg. 03 min. 03 sec. East, a distance of 285.42 feet to a point;
THENCE North 32 deg. 56 min. 57 sec. West, a distance of 104.61 feet to a point;
THENCE South 57 deg. 03 min. 03 sec. West, a distance of 21.13 feet to a point
THENCE North 32 deg. 56 min. 57 sec. West, a distance of 10.00 feet to a point;
THENCE North 57 deg. 03 min. 03 sec. East, a distance of 21.13 feet to a point;
THENCE North 32 deg. 56 min. 57 sec. West, a distance of 195.30 feet to a point;
THENCE South 57 deg. 03 min. 03 sec. West, a distance of 210.06 feet to a point;
THENCE South 32 deg. 56 min. 57 sec. East, a distance of 10.86 feet to a point;
THENCE South 57 deg. 03 min. 03 sec. West, a distance of 10.00 feet to a point;
THENCE North 32 deg. 56 min. 57 sec. West, a distance of 10.86 feet to a point;
THENCE South 57 deg. 03 min. 03 sec. West, a distance of 199.59 feet to a point in the
Northeast line of said 20 foot wide Utilities Easement;
THENCE North 32 deg. 56 min. 41 sec. West along and with the Northeast line of said 20
foot wide Utilities Easement, a distance of 6.90 feet to a point at its intersection with the
East line of said 20 foot wide Sanitary Sewer Easement;
W,TPRTECH
LAND SURVEYORS, INC.
EXHIBIT "A"
Page 3 of 4
0.475 Acre Exclusive City Water Line Easement
THENCE North 01 deg. 29 min. 36 sec. West along and with the East line of said 20 foot
wide Sanitary Sewer Easement, a distance of 21.10 feet to the PLACE OF BEGINNING,
having an area of 0.475 acre (20681.50 square feet) of land, more or less.
(This description is based upon a survey made on the ground under my direct supervision on September
19-20, 2011 and is being submitted along with a survey plat showing the property and facts found as
described herein. All bearings are based upon the Texas Coordinate System of 1983 (COBS), South
Central Zone `4204' (US Survey foot). All distances and acreages are surface with a combined
adjustment factor of 1.00007 applied.)
OF
,y�
R ered Professional Land Surve or J.L. SIMS, }R.
9 4599 P:
rtl,"+!l�sM��i4Q'
SURy
"All BOUNDARY LINE TABLE
P � Guess St EXHIBIT
PAGE 4 OF 4 LINE BEARING DISTANCE
m ChlnnLn Exclusive City Water Line Easement Lt N55°37'10"E 418.77'
?d a
1-2 S32°56'57"E 355.27'
?;
1-3 S57°03'03"W 429.67'
�o RlchardsonLn L4 N32°56'41"W 10.00'
SITE 0 1-5 N57°03'03"E 124.25'
c
Willis Ln L6 N32°56'57"W 17.53'
Pe Ln L7 N57°03'03"E 10.00'
Silverwood Ln L8 S32°56'57"E 17.53'
Grit, Rd $ L9 N57°03'03"E 285.42'
PedRd K L10 N32°56'57"W 104.61'
K 0' 50' 100' 200' 1-11 S57°03'03"W 21.13'
Vicinity Map L12 N32°56'57'W 10.00'
Not to Scale a SCALE:1"=100' L13 N57°03'03'E 21.13'
L14 N32°56'57"W 195.30'
L15 S57°03'03"W 210.06'
L16 S32°56'57"E 10.86'
L17 S57°03'03"W 10.00'
L18 N32°56'57"W 10.86'
v& L19 S57°03'03"W 199.59'
GOO�e�`a� L20 N32°56'41"W 6.90'
ao Pie e� L21 N01-29-36-W 1 21.10'
i`seG�,���69�. t�a��aQ� / Exclusive City
\ Bt C-\ tJO?� 5e�+e\ee / Water Line Easement
20681.50 Sq.Ft.
0.475 Acre
\boa
X15
y`so
019
.s0'
9 !
�1
r et<`ePQ� �.ea9ue
`moo � 0,1116 East N0.2� `-°
o OeeJ� pbstrac
Maxson Memorial Church,Inc.
Called 17.854 Acre Tract
r�d•
C.F.No.2008042010
O.P.R.J.C.
.OZCJ acv u'a
Notes: yam,
AN bearings are based upon the Texas
Coordinate System of 1983(CORS),South '9d; \ ! d
Central Zone'4204'(US Survey Foot). AN s d
distances and acreages are surface with a
combined adjustment factor Of 1.00007 \ �,5
applied. Abbreviations
Submitting Information: POC Point of Commencement
Maxson Memorial Church,Inc. !� POB Place of Beginning
1304 Evalon \ Conc. Concrete
Beaumont,Texas 77701 Fnd Found
Attn: Ken Duhon 409.832-1807 \ 1.Rod Iron Rod
Find Conc. R.O.W. Right-of-Way
Site Address: Monument Sq.Ft. Square Feet
7925 North Major Drive O.P.R.J.C. Official Public Records
Beaumont,Texas 77708 Willis Lane of Jefferson County
NOTICE:
The findings and opinions of WORTECH Land surveyors,Inc.reflected herein are privileged,confidential and intended only for the use of the Individual or entity for whom this work
was
prepared. It is understood that the use of,reliance on,or reproduction of same,in whole or In part,by others without the express written consent of WORTECH Land surveyors,Inc.is
prohibited and without warranty,express or Implied. WORTECH Land Surveyors,Inc.shalt be held harmless against any damages or expenses resulting from such unauthorized use,
reliance or reproduction.Copyright 2013.All rights reserved.
JOB NO: 2013-040
Surveyor's Certification
FIELD BOOK:
OR.BY: MWG C F f The undersigned does hereby certify,that this survey plat accurately
DATE: 6111/13 9 represents an on the ground survey made under my direct supervision on
Rev.No. 0-Final Issue !!° ' �G; September 19-20,2011 and Is being submitted along with the surveyor's
field note description of the property shown hereon,which lies in Jefferson
1.L.SIMS, 1R. County,Texas.
W' P RTECH � �0 499 +J
LANE" su `•.VlbY0R.5, INC.
SURD
THIS DOCUMENT NOT VALID ✓
wlrHOUT ORIGINAL SEAL AND R tiered Professional Land urveyor
SIGNATL
EXHIBIT "2"
D
RICH WITH OPPORTUNITY
11EA[1M0N*
T • E • X • A • s City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Laura Clark, Chief Financial OfficerVU
MEETING DATE: June 25, 2013
REQUESTED ACTION: Council consider authorizing the City Manager to execute
letters of understanding with Hertz Equipment Rental of
Deer Park and United Rentals of Beaumont to provide
emergency generators for the City of Beaumont during a
declared disaster.
BACKGROUND
The City of Beaumont's Emergency Preparedness Plan for the hurricane season identified
emergency generators that would be needed in the event of a declared disaster. A contract was
awarded to three vendors to provide debris removal and emergency standby products including
emergency generators.
In an effort to provide as many sources as possible for obtaining emergency generators, informal
bids were solicited from additional companies in the event that the selected three vendors were
not able to provide all generators requested. Bids were received from three (3) vendors. One
vendor is not recommended due to non-competitive pricing and the time frame the vendor
requires to start any needed repairs to the generators. The City will pay rental rates as stated in
the bid tabulations. The City is not bound to rent generators from each company if other sources
are available. Bid tabulations are attached.
FUNDING SOURCE
The budgetary impact of enacting these letters of understanding is contingent upon the
occurrence of a declared disaster and the degree of resources needed at that time.
RECOMMENDATION
Approval of resolution.
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF BEAUMONT:
THAT the City Manager be and he is hereby authorized to enter into a three(3)year Letter
of Understanding with Hertz Equipment Rental, of Deer Park, Texas and United Rentals,
of Beaumont, Texas establishing the rental rate amounts shown on Exhibit"A," attached
hereto,for the purpose of providing emergency generators for use by the City of Beaumont
during a declared disaster. The agreements are substantially in the form attached hereto
as Exhibits "B" and "C" and made a part hereof for all purposes.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 25th day of
June, 2013.
- Mayor Becky Ames -
BID TABULATION: RENTAL OF GENERATORS FOR EMERGENCY SERVICES
BID OPENING DATE: WEDNESDAY, APRIL 17,2013
BID NUMBER: Pi1213-08
Vendor Hertz Equipment Rental United Rentals
City, State Deer Park, TX Beaumont, TX.
Fax Number 866-337-9343 409-842-3230
Description Weekly Charge Delivery Charge Pick Up Charge Weekly Charge Delivery Charge Pick Up Charge
1.5 meg $ 3,285.00 $ 500.00 $ 500.00 $ 7,277.00 $ 450.00 $ 450.00
1250 kw $ 3,285.00 $ 500.00 $ 500.00 $ 7,277.00 $ 375.00 $ 375.00
1000 kw $ 2,250.00 $ 500.00 $ 500.00 $ 5,821.00 $ 375.00 $ 375.00
750 kw $ 1,750.00 $ 500.00 $ 500.00 $ 3,639.00 $ 300.00 $ 300.00
500 kw $ 1,700.00 $ 500.00 $ 500.00 $ 2,772.00 $ 300.00 $ 300.00
300 kw $ 1,600.00 $ 500.00 $ 500.00 $ 1,719.00 $ 225.00 $ 225.00
265 kw $ 1,200.00 $ 375.00 $ 375.00 $ 1,609.00 $ 175.00 $ 175.00 m
235 kw $ 1,200.00 $ 375.00 $ 375.00 $ 1,398.00 $ 175.00 $ 175.00 =
200 kw $ 850.00 $ 375.00 $ 375.00 $ 1,398.00 $ 175.00 $ 175.00 X
150 kw $ 800.00 $ 375.00 $ 375.00 $ 1,229.00 $ 175.00 $ 175.00 LL1
125 kw $ 700.00 $ 375.00 $ 375.00 $ 1,016.00 $ 125.00 $ 125.00
100 kw $ 600.00 $ 375.00 $ 375.00 $ 987.00 $ 125.00 $ 125.00
75 kw $ 500.00 $ 250.00 $ 250.00 $ 805.00 $ 125.00 $ 125.00
70 kw $ 450.00 $ 250.00 $ 250.00 $ 746.00 $ 125.00 $ 125.00
60 kw $ 425.00 $ 250.00 $ 250.00 $ 721.00 $ 125.00 $ 125.00
45 kw $ 400.00 $ 250.00 $ 250.00 $ 635.00 $ 125.00 $ 125.00
35 kw $ 300.00 $ 250.00 $ 250.00 $ 584.00 $ 125.00 $ 125.00
25 kw $ 148.00 $ 250.00 $ 250.00 $ 519.00 $ 100.00 $ 100.00
Total $ 21,443.00 $ 6,750.00 $ 6,750.00 $ 40,152.00 $ 3,700.00 $ 3,700.00
Page 2
Vendor **" ARCCO Company Services
City, State Baton Rouge, LA
Fax Number 225-275-1198
Description Weekly Char a Delivery Char a Pick Up Charge
1.5 me $ 41,500.00 $ 5,000.00 $ 5,000.00
1250 kw $ 40,000.00 $ 5,000.00 $ 5,000.00
1000 kw $ 36,000.00 $ 5,000.00 $ 5,000.00
750 kw $ 27,500.00 $ 5,000.00 $ 5,000.00
500 kw $ 7,950.00 $ 5,000.00 $ 5,000.00
300 kw $ 4,950.00 $ 5,000.00 $ 5,000.00
265 kw $ 4,750.00 $ 2,500.00 $ 2,500.00
235 kw $ 4,250.00 $ 2,500.00 $ 2,500.00
200 kw $ 3,500.00 $ 2,500.00 $ 2,500.00
150 kw $ 2,950.00 $ 1,675.00 $ 1,675.00
125 kw $ 2,750.00 $ 1,675.00 $ 1,675.00
100 kw $ 2,600.00 $ 1,250.00 $ 1,250.00
75 kw $ 2,550.00 $ 1,250.00 $ 1,250.00
70 kw $ 2,350.00 $ 1,250.00 $ 1,250.00
60 kw $ 1,950.00 $ 1,250.00 $ 1,250.00
45 kw $ 1,500.00 $ 1,000.00 $ 1,000.00
35 kw $ 1,350.00 $ 1,000.00 $ 1,000.00
25 kw $ 1,100.00 $ 1,000.00 $ 1,000.00
Total $ 189,500.00 $ 48,850.00 $ 48,850.00
*** Vendor exception states delivery in 72 hours
Also states unit to be replaced if not repairable within 72 hours
RICH WITH OPPORTUNITY
IIEAUMON*
T • E • X • A • S
City of Beaumont
June 25,2013
ATTN: Jason Oosterbeck,Senior Director Copy via Fax: 866-337-9343
Hertz Equipment Rental Corporation
P.O.Box 650280
Dallas,TX 75265
RE: Letter of Understanding-
Emergency Services—Rental of Generators
Bid No.Pi0213-08
Dear Vendor:
This Letter of Understanding executed this 25th day of June .2013,between the City of Beaumont("City")and Hertz
Equipment Rental Corporation("Contractor").
This Letter of Understanding sets forth the understanding of the parties pertaining to the services to be provided to the City by
Contractor.
In consideration of Bid Pi0213-08 submitted by Contractor for furnishing generators as needed to City facilities in the event of a
declared disaster,the City will pay rental rates as stated. The City retains the right to rent generators if needed and to adjust quantities
by increasing or decreasing,as needed. The City is not bound to rent generators from Contractor in a declared emergency should
other sources be available.
It is understood and agreed that the Contractor is an independent contractor and Contractor agrees to save and hold harmless,
indemnify and defend the City,its officers,agents and employees from and against any liability claim,cause of action,damages,
personal injury or death arising out of or in connection with the services performed or to be performed by the Contractor pursuant to
this agreement.
This understanding shall be in effect from June 1 through November 30 for the 2013 Hurricane Season or in the event of a declared
emergency. At the end of this contract period,the City may renew this contract for each subsequent hurricane season or declared
emergency not to exceed three(3)years. Any terms and conditions stated in the original specifications will apply to any extended
periods. Approval on behalf of the City to renew the contract shall be made by the City Manager or his designee. Either party to the
contract may decline to extend by stating that in writing to the other party no later than sixty(60)days prior to the beginning of the
next hurricane season or June 1.
CITY OF BEAUMONT,TEXAS HERTZ EQUIPMENT RENTAL CORPORATION
By:* By: *
Kyle Hayes Jason Oosterbeck
Title: City Manager Title: Senior Director
Date: Date:
* The parties agree that a faxed signature is valid and binding as if it were an original.
Purchasing Division/Finance Department • Phone (409)880-3720 • Fax (409)880-3747
Physical Address: 8U1 Main St.,Ste.315,13eaumont, IT 77701
Mailing Address: P.O.Box 3827,Beaumont,TX 77704-3827
EXHIBIT "B"
RICH WITH OPPORTUNITY
[IEAUMONW
T - E - X - A - S
City of Beaumont
June 25,2013
ATTN: Jeffrey Norwood,Branch Manager Copy via Fax: 409-842-3230
United Rentals(North America),Inc.
3425 Cardinal Dr.
Beaumont,TX 77705
RE: Letter of Understanding-
Emergency Services—Rental of Generators
Bid No.Pi0213-08
Dear Vendor:
This Letter of Understanding executed this 25th day of June .2013,between the City of Beaumont("City")and United Rentals
(North America),Inc. ("Contractor").
This Letter of Understanding sets forth the understanding of the parties pertaining to the services to be provided to the City by
Contractor.
In consideration of Bid Pi0213-08 submitted by Contractor for furnishing generators as needed to City facilities in the event of a
declared disaster,the City will pay rental rates as stated. The City retains the right to rent generators if needed and to adjust quantities
by increasing or decreasing,as needed. The City is not bound to rent generators from Contractor in a declared emergency should
other sources be available.
It is understood and agreed that the Contractor is an independent contractor and Contractor agrees to save and hold harmless,
indemnify and defend the City,its officers,agents and employees from and against any liability claim,cause of action,damages,
personal injury or death arising out of or in connection with the services performed or to be performed by the Contractor pursuant to
this agreement.
This understanding shall be in effect from June I through November 30 for the 2013 Hurricane Season or in the event of a declared
emergency. At the end of this contract period,the City may renew this contract for each subsequent hurricane season or declared
emergency not to exceed three(3)years. Any terms and conditions stated in the original specifications will apply to any extended
periods. Approval on behalf of the City to renew the contract shall be made by the City Manager or his designee. Either party to the
contract may decline to extend by stating that in writing to the other party no later than sixty(60)days prior to the beginning of the
next hurricane season or June 1.
CITY OF BEAUMONT,TEXAS UNITED RENTALS(NORTH AMERICA),INC.
By:* By: *
Kyle Hayes Jeffrey Norwood
Title: City ManaEer Title: Branch Manager
Date: Date:
* The parties agree that a faxed signature is valid and binding as if it were an original.
Purchasing Division/Finance Department - Phone (409)880-3720 - Fax (409)880-3747
Physical Address: 801 Main St.,Ste.315,Beaumont,
Mailing Address: P.O.Box 3827,Beaumont,TX 77704-3827
EXHIBIT "C"
E
RICH WITH OPPORTUNITY
IIEAUMON*
T • E • X • A • 8 City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Laura Clark, Chief Financial Officer
MEETING DATE: June 25, 2013
REQUESTED ACTION: Council consider a resolution approving the award of a
contract for Towing Services—Impounding of Uninsured
Vehicles to TNT Towing of Beaumont.
BACKGROUND
On May 19, 2009, Council approved amending Section 20.01.007 of the Code of Ordinances to
allow for towing and impounding of vehicles that are not insured or otherwise covered for
financial responsibility in accordance with State Law. The amendment was effective on July 15,
2009.
To effectively implement the program, it was determined that the City would enter into a
management agreement with a local towing company, whereby the towing company would be
notified by Police Officers when it was determined that a vehicle was to be towed due to lack of
insurance. The towing company would be responsible for towing the vehicle, storing the
vehicle, collecting related fees,releasing the vehicle once the owner had proof of financial
responsibility and submitting a monthly report required by the City for monitoring the program.
Request for Proposals were solicited from eleven(11)towing services vendors for the
impounding of uninsured vehicles and three (3)responses were received. Vendors were
requested to provide information on their experience with similar contacts, equipment,personnel,
data control software and the size of the auto storage facility. This information was evaluated by
City staff. Evaluation is as follows:
Towing Services for Police Department - Impounding of Vehicles
June 25, 2013
Page 2
Criteria Maximum TNT Wrecker Spanky's K&K Towing
Points Service Wrecker
Service
Relevant Experience 30 30 30 25
Maintenance Program 5 5 4 3
Personnel 15 15 14 7
Equipment 17 17 16 0
Storage 25 24 25 23
Data Control 7 7 6 5
Towing Charge 1 1 1 1
Total Points 100 99 96 64
It is estimated that 3,020 vehicles will be towed for no proof of financial responsibility. The
towing charge will be the same as that allowed for nonconsent tows set out in Section 6.08.004
of the Code of Ordinances which is currently one hundred sixty-five dollars ($165).
FUNDING SOURCE
Not Applicable.
RECOMMENDATION
Approval of resolution.
RESOLUTION NO.
WHEREAS, proposals were solicited for towing and impounding of vehicles that are
not insured or otherwise covered for financial responsibility in accordance with state law;
and,
WHEREAS, TNT Wrecker Service, of Beaumont, Texas, submitted a proposal in
the amount of$165.00 per uninsured vehicle; and,
WHEREAS, City Council is of the opinion that the proposal submitted by TNT
Wrecker Service, of Beaumont, Texas, should be accepted;
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the statements and findings set out in the preamble to this resolution are hereby, in
all things, approved and adopted; and,
THAT the proposal submitted by TNT Wrecker Service, of Beaumont, Texas in the
amount of$165.00 per uninsured vehicle for towing and impounding of vehicles that are
not insured or otherwise covered for financial responsibility in accordance with state law
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 TNT Wrecker Service, of Beaumont, Texas, for the
purposes described herein.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 25th day of
June, 2013.
- Mayor Becky Ames -
F
RICH WITH OPPORTUNITY
BEAUMGN*
T • E • x • A • S City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Laura Clark, Chief Finance Officer
MEETING DATE: June 25, 2013
REQUESTED ACTION: Council consider a resolution accepting grant funding in the
amount of $30,080 through the Department of Homeland
Assistance to Firefighter Grant Program(AFG).
BACKGROUND
The City of Beaumont was awarded funding through the 2012 Assistance to Firefighter Grant
program for the EMS division to purchase"turnout gear"which includes pants and coats.The gear
will provide physical protection from biohazards such as blood and hazardous liquids that often
contaminates the scenes of vehicle crashes and other emergency incidents. Currently,only ten sets
of second-hand and obsolete gear are available for forty-seven EMS responders.
FUNDING SOURCE
A local match totaling$7,520 is required and will be funded by the Public Health Department's
operating budget in the General Fund.
RECOMMENDATION
Approval of resolution.
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF BEAUMONT:
THAT the City Manager be and he is hereby authorized to accept FY 2012 funding which
was awarded on June 18, 2013 in the amount of $30,080 through the Department of
Homeland Assistance to Firefighter Grant Program(AFG)for the purchase of turnout gear
for EMS division personnel; and,
BE IT FURTHER RESOLVED that the City Manager is hereby authorized to execute
all documents necessary to accept said funding.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 25th day of
June, 2013.
- Mayor Becky Ames -
RICO WITS OFFORIVNITT
BEAUMON*
REGULAR MEETING OF THE CITY COUNCIL
COUNCIL CHAMBERS JUNE 25,2013 1:30 P.M.
AGENDA
CALL TO ORDER
* Invocation Pledge Roll Call
* Presentations and Recognition
* Public Comment: Persons may speak on scheduled agenda items 4-7/Consent
Agenda
* Consent Agenda
GENERAL BUSINESS
1. Consider an ordinance approving a zone change from RS (Residential Single
Family Dwelling) District to GC-MD (General Commercial-Multiple Family
Dwelling) District for property located at the northwest corner of East Lucas
Drive and Fort Drive
2. Consider an ordinance approving a specific use permit to allow a boarding house
in an RM-H(Residential Multiple Family Dwelling-Highest Density)District for
property located at 2390 Cartwright Street
3. Consider an ordinance approving a specific use permit to allow a mobile medical
clinic to be located at 3455 Sarah Street
4. Consider a resolution approving a change order to the contract with Allco, LLC,
related to the Wastewater Treatment Plant Bar Screen Replacement and Aerobic
Digester Rehabilitation Projects
5. Consider a resolution authorizing publication of a notice of intention to issue
Certificates of Obligation in an amount not to exceed$43 Million
6. Consider a resolution approving the engagement of Orgain, Bell, and Tucker,
LLP, as bond counsel relating to the proposed issuance of not to exceed$43
Million of Certificates of Obligation, Series 2013 for a minimum fee of$17,500
per series or .15%of the face amount of the Bonds issued
WORK SESSION
* Review and discuss increasing various garbage collection rates
7. Consider an ordinance amending Section 22.05.211(b)(1)and(2)of the Code of
Ordinances to increase garbage rates
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:
Triad Transport,Inc.
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 25,2013
Consider an ordinance approving a zone change from RS (Residential Single Family Dwelling)
District to GC-MD (General Commercial-Multiple Family Dwelling) District for property located
at the northwest corner of East Lucas Drive and Fort Drive
RICH WITH OPPORTUNITY
rT • E • X • A • S City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Chris Boone, Community Development Director
MEETING DATE: June 25, 2013
REQUESTED ACTION: Council consider an ordinance approving a zone change from
RS (Residential Single Family Dwelling) District to GC-MD
(General Commercial-Multiple Family Dwelling) District for
property located at the northwest corner of East Lucas Drive
and Fort Drive.
BACKGROUND
James K. Farrelly, representing Family Dollar on behalf of Annette Lognion,has applied for a zone
change.
The subject property is located at the northwest corner of East Lucas Drive and Fort Drive. This zone
change will allow for the property to be used as a Family Dollar. It is in keeping with the character of
the surrounding neighborhood.
The south 150'± of the parcel is already zoned GC-MD, while the north 286'± of the parcel is zoned
RS. A sidewalk shall be required along East Lucas Drive, and adequate landscaping and screening of
the site from adjacent residential properties shall be required.
At a Joint Public Hearing held June 17,2013,the Planning Commission recommended 5:1 to approve
a zone change from RS (Residential Single Family Dwelling) District to GC-MD (General
Commercial-Multiple Family Dwelling) District for property located at the northwest corner of East
Lucas Drive and Fort Drive.
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 GC-MD
(GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING)
DISTRICT FOR PROPERTY LOCATED AT THE
NORTHWEST CORNER OF EAST LUCAS DRIVE AND
FORT DRIVE, 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 GC-
MD (General Commercial-Multiple Family Dwelling) District for property located at the
northwest corner of East Lucas Drive and Fort Drive,as described in Exhibit"A"and shown
on Exhibits "B" and "C," 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 25th day of
June, 2013.
- Mayor Becky Ames -
LEGAL DESCRIPTION FOR ORDINANCE PURPOSES
Being the northernmost portion (approximately 285 feet) of the property described below:
Being a certain parcel of ground together with all the buildings and improvements known as
Lot DG, H. Williams, Jr. Survey, Abstract No. 57, City of Beaumont, Jefferson County,
Texas, and being more particularly described as follows:
COMMENCING at an iron pipe found on the north right-of-way line of E. Lucas Dr., said
point being the southeast corner of a certain 1.00 acre tract conveyed to Jui Lin Yu (now or
formerly), also known as the POINT OF BEGINNING of Lot DG;
THENCE leaving said right of way north 00 degrees 00 minutes 00 seconds east a line of
345.74 feet to an iron pipe found;
THENCE south 90 degrees 00 minutes 00 seconds east a distance of 185.00 feet to a 5/8"iron
rod set and capped"Junius PLS 6309" on the west right-of-way line of that 30' public alley
known as Fort Dr.;
THENCE continuing along the west line of that 30' public alley known as Fort Dr. south 00
degrees 00 minutes 00 seconds west a distance of 435.74 feet to a cross cut set on the north
right-of-way line of E. Lucas Dr.;
THENCE continuing along said right-of-way line north and 90 degrees 00 minutes 00 seconds
west a distance of 85.2 feet to an iron rod found;
THENCE North 90 degrees 00 minutes 00 seconds west a distance of 99.8 feet to the POINT
OF BEGINNING;
CONTANING an area of 80,609.83 square feet (1.851 acres); All as shown on a survey by
Linfield, Hunter, and Junius, Inc (Dated May 10, 2013).
EXHIBIT "A°
File 2172-Z: Request for a zone change from RS (Residential — Single Family Dwelling) N
District to GC-MD (General Commercial-Multiple Family Dwelling) District or
more restrictive district
Location: Northwest corner of East Lucas Drive and Fort Drive
Applicant: James K. Farrelly, representing Family Dollar, on behalf of Annett
Lo nion
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EXHIBIT "B"
PRELIMINARY SITE PLAN ISIMMONT, TX
PROTOTYPE: A DEVELOPER DESIGNER DATE:
BLDG/SALES SF; 9,100/7,195 CAPITAL GROWTH BUCHALTER COMPANY: LH&J 1/13/12
ACREAGE: ±1.85 ACRES NAME: CHARLES OVERTON NAME: WESLEY EUSTIS 1/30/13
PARKING SPACES: 46 PHONE #: (205) 968-9284 PHONE #: (504) 833-5300
SITE RISK ASSESSMENT LH&J JOB NO. 12-103 SITE CRITERIA CHECKLIST
1) WAVY DUTY CONCRETE TO BE USED IN ALL TRUCK TRAFFIC AREAS AS WELL ZONING REQUIREMENTS
AS DUMPSTER PAD AREA.
2) DRIVEWAY WILL REOME APPROVAL FROM CRY OF BEAUMONI'.TRAFFIC STUDY WILL BE REQUIRED. CURRENT ZONING R-S k GO-W. (REZONE ENTIRE
3) PORnON OF PROPERTY DISKS IN R-S. REZONING OF DOLLAR GENERAL PARCEL TO GC-MD ZONING DESIGNATION PROPERTY TO QC-41D)
WALL BE REQUIRED. PARKING REOUN04fli15 48 1 SQUARE
4) NEW SIDEWALKS WILL BE REMNIED ALONG THE FRONTAGES OF THE PROPERTY.
5) M=JnON OF DMING HOUSE ON PROPERTY WILL BE REOIMRED. LANDSCAPE SETBACKS FRO1R: 10' 1C•REAR: 10'
B OPEN STREET CUT OF E LUCAS DR.WILL BE REQUIRED FOR WATER AND SEWER SERVICE BLDG SETBACKS FRONF. 20';SDE ZO';REAR: 20'
7� PLAT APPROVAL FROM THE CITY OF BEAUMONT WILL BE REQUIRED TO CARVE MIT THE DOLLAR GENERAL PARCEL AS
8) RETAINING WALL WALL BE REQUIRED AS SHOWN, '
REQ'D 20' REWD 10' Ica AREA
BUILDING LANDSCAPE '
SETBACK ZqSETBACK
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SECURI[TY FENCE '-. '•:
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LINFIELD, HUNTER & JUNIUS, INC.
PROFESSIONAL ENGINEERS AND ARCHITECTS 12W
3608 18th Sweet, Suite 200 PHONE(504)833-5300
FAX:(504)833-5350 SCAM 1•
Metairie,Louisiana 70002 EMAIL IAigg%p-i —
EXHIBIT "C"
2
June 25,2013
Consider an ordinance approving a specific use permit to allow a boarding house in an RM-H
(Residential Multiple Family Dwelling-Highest Density)District for property located at 2390
Cartwright Street
RICH WITH OPPORTUNITY
IIEAUMON*
T • E • X • A • S City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
,�-)i3
PREPARED BY: Chris Boone, Community Development Director
MEETING DATE: June 25, 2013
REQUESTED ACTION: Council consider an ordinance approving a specific use permit
to allow a boarding house for sober living women in an RM-H
(Residential Multiple Family Dwelling-Highest Density)
District for property located at 2390 Cartwright Street.
BACKGROUND
Saving Grace Ministry has applied for a specific use permit.
The specific use permit is to allow for the use of an existing structure as a boarding house for sober
living women. The subject property is located at 2390 Cartwright Street.
The proposed use will offer group home facilities for women seeking assistance in recovering from
addiction. Normal business hours will be from 8 a.m. to 5 p.m. Residents will typically not occupy
the facility during these hours, as they will be expected to be at work, school, or otherwise engaged.
Morning and evening times will focus on activities around the facility. Curfews will be enforced by
staff members and managers. There will be a maximum of 10 residents, and all residents and staff
members will be female. The developer has requested a waiver of the fencing requirement.
Traffic Division has noted that the parking for the facility is inadequate and must be provided on site,
sufficient for the needs of the facility's staff and residents. The letter submitted with the application
notes that the residents in the facility will typically utilize public transportation and that installation of
additional parking would negatively affect property values in the area. City Ordinance provides that:
where the listed regulations are not applicable, in the judgment of the director of
transportation, the parking requirements shall be determined by the director of
transportation. Computations of required parking spaces by the director of
transportation shall be final, subject only to an appeal to the board of adjustment.
(Chapter 28 Section 28.04.002 (a)(6)(C))
At a Joint Public Hearing held June 17, 2013,the Planning Commission recommended 6:0 to
approve a specific use permit to allow a boarding house for sober living women in an RM-H District
at 2390 Cartwright Street subject to the following conditions:
1) The owner will work with the Traffic Division to devise an appropriate plan for off-street
parking.
2) The buffer/fencing requirement be waived.
FUNDING SOURCE
Not applicable.
RECOMMENDATION
Approval of ordinance subject to the following conditions:
1) The owner will work with the Traffic Division to devise an appropriate plan for off-street
parking.
2) The buffer/fencing requirement be waived.
ORDINANCE NO.
ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE
PERMIT TO ALLOW A BOARDING HOUSE FOR SOBER
LIVING WOMEN IN A RM-H (RESIDENTIAL MULTIPLE
FAMILY DWELLING-HIGHEST DENSITY) DISTRICT FOR
PROPERTY LOCATED AT 2390 CARTWRIGHT STREET IN
THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS.
WHEREAS, Saving Grace Ministry has applied for a specific use permit to allow a
boarding house for sober living women in a RM-H (Residential Multiple Family Dwelling-
Highest Density)district for property located at 2390 Cartwright Street, being Lots 5,6, and
713, Block 44, Cartwright Addition, City of Beaumont, Jefferson County, Texas, containing
0.4820 acre, more or less, as shown on Exhibit "A," attached hereto; and,
WHEREAS, the Planning and Zoning Commission of the City of Beaumont
considered the request and is recommending approval of a specific use permit to allow
a boarding house for sober living women in a RM-H (Residential Multiple Family Dwelling-
Highest Density) district for property located at 2390 Cartwright Street, subject to the
following conditions:
• The owner will work with the Traffic Division to devise an appropriate plan for
off-street parking that is acceptable to the City.
• The buffer/fencing requirement be waived.
;and,
WHEREAS, the City Council is of the opinion that the issuance of such specific use
permit is in the best interest of the City of Beaumont and its citizens;
NOW, THEREFORE, BE IT ORDAINED
BY THE CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the statements and findings set out in the preamble to this ordinance are hereby, in
all things, approved and adopted; and,
Section 1.
That a specific use permit to allow a boarding house for sober living women in a
RM-H (Residential Multiple Family Dwelling-Highest Density) district for property located
at 2390 Cartwright Street, being Lots 5, 6, and 76, Block 44, Cartwright Addition, City of
Beaumont, Jefferson County, Texas, containing 0.4820 acre, more or less, as shown on
Exhibit "A," attached hereto, is hereby granted to Saving Grace Ministry, its legal
representatives, successors and assigns, as shown on Exhibit "B," attached hereto and
made a part hereof for all purposes, subject to the following conditions:
• The owner will work with the Traffic Division to devise an appropriate
plan for off-street parking that is acceptable to the City.
• The buffertfencing requirement be waived.
Section 2.
That the specific use permit herein granted is expressly issued for and in
accordance with each particular and detail of the site plan attached hereto as Exhibit"B,"
attached hereto and made a part hereof for all purposes.
Section 3.
Notwithstanding the site plan attached hereto, the use of the property herein above
described shall be in all other respects subject to all of the applicable regulations contained
in Chapter 28 of the Code of Ordinances of Beaumont, Texas, as amended, as well as
comply with any and all federal, state and local statutes, regulations or ordinances which
may apply.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 25th day of
June, 2013.
- Mayor Becky Ames -
File 2173-P: Request for a specific use permit to allow a boarding house for sober livin N
women in an RMH (Residential Multiple-Family Dwelling — Highest Density
District
Location: 2390 Cartwright St.
Applicant: Dr. Russell Hall, on behalf of Saving Grace Ministries
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*Approval of ordinance subject to the following conditions: < —•—•—a ("lo(.:rf l �r
1) The owner will work with the Traffic Division to devise an appropriate plan for off-street parking.
2) The buffei/fencing requirement be waived.
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'� = May 24, 2013
f To the members of the Planning Commission and City Council of Beaumont, Texas,
'M n s nc.
P0= fl`
^� My name is Russell Hal
I and I am the executive director of Saving Grace Ministries.
Port r,Tomas. Recently,we entered into a contractual agreement with Oliver W.Sprott, Jr.to lease the
ti 77 � premises at 2390 Cartwright. Through the process of attempting to transfer utilities,we
discovered that the permitted use had been changed for the property to office space. Our
' site desire is to honor the contract that we have with Mr. Sprott and to rent said facility and utilize
it as a sober living house for women. This would require your approval to change the
permitted use to include boarding house. We ask that you consider this letter as our request
for said change. As you will see, we have included general information about Saving Grace
Ministries and more specific information about Grace House(including a description of our
Ufa"ce t mtx program,the activities that will take place on site, operations information, and proposed land
{ use information),the part of the ministry slated to reside at 2390 Cartwright. Additionally, we
have included a section that addresses the 8 conditions of approval and enclosures of a floor
plan, JCAD property appraisal information, site plan and aerial photo of the property.
11 About Saving Grace Ministries, Inc.
Saving Grace Ministries, Inc. is a nonprofit corporation that was founded in 2012 whose sole
J.
$ purpose is to be an extension of the holistic healing ministry of Jesus Christ to a hurt and
broken world. While we have international missions and activities included in our ministry,
our primary focus is the needs of the folks that reside in Jefferson County. We invite you to
o trons
review the attached brochure or our website(listed in the left column)for more information
about these ministry areas. As you will notice, a very large portion of our local ministry is for
rrii those seeking recovery from drug and alcohol addiction. Grace House is a key component of
those recovery related activities.
Di nt About Grace House
3� Grace House provides a safe, secure environment free of alcohol and drugs for the adult
Ere female addict or alcoholic who wishes to recover and experience permanent sobriety. Our
ttSA belief is that alcoholism and drug addiction are lifelong, chronic, and progressive diseases
which demand a lifelong set of practices as a way of living if we are to experience permanent
land 9 P Y 9 � Pe P
y recovery.
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Beverlyis.ang grace
M Description of Program and Activities on Site
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U Grace House is a residential ministry that includes a complete program of recovery services.
` The goal of these services is to equip women with necessary relational, life and work skills so
SheliaAsaWng grace that they might become self-sufficient contributors in the community.
ministries org
;t To that end, we require residents to take an active role in their recovery. Residents will be
CWIin Cobb
Board AAerr►ber" responsible for their continued recovery by:
t gal Advisor. • Maintaining sobriety
cottfi*saving"'grace • Attending recovery related meetings
ministries`org Attending mandatory house meetings, led by Grace House staff
Rev.S ikhun • Sharing in responsibility for household chores
Ply Participating in community service projects, education(GED or college), and job
Board Men ier
Stacey saving=race search activities to rectify legal and personal consequences from their past
mnistries'.org Responsibility for bill payment and establishment of a personal savings account
1
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Saving Grace Ministries maintains a holistic program of care for our residents at Grace House includes:
• Drug and alcohol education classes, including 12 step work
• Classes on relationship building(including parenting), life skills and financial education
• Participation in relapse prevention classes and groups
• Career building resources, including resume building, interview skills, and assistance with job placement
• Fitness and nutrition programs
• Sober recreational activities
• An active alumni association
Operations Information
Grace House will be operated like similarly structured group homes for recovery. The facility will be for female
residents only and will be staffed by female staff members. Grace House/Saving Grace Ministries will cap residency
at the facility at 2390 Cartwright at a maximum of 10 residents. Every resident will agree to random alcohol and drug
testing to ensure the safety and sobriety of all residents. Curfews will be enforced by paid staff house managers and
will be determined by a resident's progress through Grace House levels of recovery, including completing step work,
obtaining and maintaining employment,etc.
During normal business hours (8:00 a.m. to 5:00 p.m.), residents are expected to be in school, searching for
employment, or at work. As with other residents in the neighborhood, the activity level at Grace House during the day
will be minimal. Chores, devotionals, house meetings, eating and relaxation will be the focus of morning and evening
time frames. Weekends will include time for family visits, barbeques, relaxation and recovery step work.
Proposed Land Use
The land that is behind the building and included as a part of our lease will be utilized for outdoor activities such as
barbeques and relaxation. We believe that the proposed land use is congruent with the surrounding neighborhood
residents. Our initial lease with Mr.Sprott is for a period of five years and we hope to be able to continue well beyond
that time frame without additional change to the land and property use.
Specifics Regarding the 8 Conditions of Approval(Section 28.04.001,Zoning Ordinance requires that these
eight conditions must be met before a specific use permit can be issued):
1) That the specific use will be compatible with and not injurious to the use and enjoyment of other property,
nor significantly diminish or impair property values within the immediate vicinity;
As a residential facility for sober women, we see this endeavor to be compatible with the use and enjoyment of other
properties. There will be regular ingress and egress times as residents go to work and school. There will be no
extensive crowds or excessive traffic. Grace House, a residential facility, will aid in keeping surrounding property
values strong as residents develop ownership in and are held accountable for maintenance and appearance of the
facility.
2) That the establishment of the specific use will not impede the normal and orderly development and
improvement of surrounding vacant property;
The specific use will not impede the normal and orderly development and improvement of the surrounding vacant
property. All adjacent property is currently developed as residential property with the exception of the vacant lots
surrounding 2390 Cartwright. These three additional lots are owned by the same owner of 2390 Cartwright, Mr. Oliver
Sprott. Mr. Sprott and I have envisioned the possibility of building a second house identical Grace House in the future.
2
3) That adequate utilities, access roads,drainage and other necessary supporting facilities have been or will
be provided;
The property, as it exists today, has all supporting facilities and utilities in place. Entergy, AT&T, Texas Gas Service,
and the City of Beaumont provide electrical, phone, gas,water, sewage, and trash services. The property(on the
corner of Cartwright and San Antonio streets)is easily accessed by a long extended driveway on the backside of the
building. Additionally, all right of way easements are unimpeded and easily accessed. The property is properly
graded and drains well to the street. There is a city provided curb and drain system on the Cartwright side of the
property. There is no standing water after heavy rains and the property has never flooded.
4) The design, location and arrangement of all driveways and parking spaces provides for the safe and
convenient movement of vehicular and pedestrian traffic without adversely affecting the general public or
adjacent development;
We are asking for a waiver in regards to the additional parking requirements by the current city code for the following
reasons. For more than 60 years, this property has served as a hospital, dental offices,doctor's offices, and an
assisted living facility with the existing parking shown on the site plan. All of these endeavors experienced far more
traffic flow than a sober living house will create. With consistent and significantly smaller traffic flow,we believe that
we can reasonably operate within the same parameters with the existing parking availability. Many Grace House
residents will not have a vehicle until much later in their recovery after they have transitioned to more independent
living. Residents will rely on transportation via SGM van and the city transit system. The parking surrounding 2390
Cartwright is more than adequate to meet the needs of this facility.
We believe that the creation of a larger and more commercial parking lot would impede property values of adjacent
properties.The facility at 2390 Cartwright is consistent with the surrounding neighborhood because it more closely
resembles a home than a business.
Additional parking would commercialize and institutionalize the look and feel of the building. This is inconsistent with
the desires of Saving Grace Ministries in the formation of Grace House as a residential facility focused on transitional
living. A majority of Grace House residents will have already undergone treatment in institutions.This facility will be
their transitional home. The vision of Grace House is to provide a home that provides for and engages its residents in
betterment of themselves and of the facility,just as a homeowner would invest in their own home. We believe that our
residents will respond positively and our neighbors will see the result of this investment.
5) That adequate nuisance prevention measures have been or will be taken to prevent or control offensive
odor,fumes,dust, noise and vibration;
A facility that is operated as a sober living house(ie. a non-production oriented business)creates no by-products. As
such, there should be no odor,fumes, dust, noise or vibration due to the operations of said facility. Grace House
residents will be held accountable to a Code of Conduct to ensure this desirable outcome.
6) That directional lighting will be provided so as not to disturb or adversely affect the neighboring
properties;
The existing security lighting on the facility is more than adequate and consists of halogen lamps mounted to the
building above each exit and pointed directly downward over the entrance/exit doors. Each lamp is shielded in a
frosted lamp fixture to keep the ambient light coming from the sides of the fixture at a minimum. All light is directed
downward through the opening at the bottom of the lamp fixture. These fixtures have been in place for a number of
years with previous tenants. To the best of our knowledge, there has never been an issue about the lighting on the
property as voiced by the neighboring residents.
Any and all additional lighting in the future will be handled in the same manner as the existing lighting so as not to
adversely affect neighboring properties.
3
7) That there are sufficient landscaping and screening to insure harmony and compatibility with adjacent
property; and
We are asking for a waiver regarding any additional landscaping and screening needs The property exists with 6
large oak trees, a Bradford Pear tree, and more than 100 other shrubs and plantings around the building and
property. We believe that the landscaping, as it currently exists, insures harmony and compatibility with our
neighbors. As previously mentioned, the adjacent vacant property is owned by the same land owner, Mr. Oliver
Sprott. We would prefer to not have a fence separate the properties, as it has existed in all other previous uses
without fencing or additional screening and may be utilized in the future to add a second building to this project.
8) That the proposed use is in accordance with the Comprehensive Plan.
Based upon all of the preceding information, we believe that the proposed use in is accordance with the
Comprehensive Plan.
Conclusion
As the Executive Director of Saving Grace Ministries, I want to thank you for your consideration of this permit use
change proposal. If there is any additional information that I can provide, please don't hesitate to contact me on my
cell phone at(903)258-5378 or via email (russell(a7saving-grace-ministries.org).
incerely,
Russell Hall
4
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*Approval of ordinance subject to the following conditions:
1) The owner will work with the Traffic Division to devise an appropriate plan for off-street parking.
2) The buffer/fencing requirement be waived. ` Car,rr4 15Owf1rtr
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June 25,2013
Consider an ordinance approving a specific use permit to allow a mobile medical clinic to be
located at 3455 Sarah Street
RICH WITH OPPORTUNITY
t
T • E • X • A • s City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City anager
S
PREPARED BY: Chris Boone, ommunity Development Director
MEETING DATE: June 25, 2013
REQUESTED ACTION: Council consider an ordinance approving a specific use
permit to allow a mobile medical clinic to be located at 3455
Sarah Street.
BACKGROUND
Gulf Coast Health Center, Inc. has applied for a specific use permit.
The mobile clinic will be located on a site with an existing building already in use by the company.
The mobile clinic will be in a large bus/recreational vehicle where patients will enter to receive
basic health care and ancillary services. The mobile medical clinic will supplement the activities
already offered in the building. The mobile clinic will be in operation at this location on
Wednesdays and Thursdays from 9 a.m. to 3 p.m. and will utilize three additional employees.
The mobile clinic will enable enhanced access for low cost or free health care. It will help with
education toward self-directed health management, and will decrease the demand on emergency
medical care.
The Water Utilities Department noted that an RPZ will need to be installed on the downstream side
of the meter within 12" of the meter. Traffic Division has noted that the parking for the mobile
medical clinic shall not interfere with parking associated with the existing use.
At a Joint Public Hearing held June 17, 2013, the Planning Commission recommended 6:0 to
approve a specific use permit to allow a mobile medical clinic to be located at an existing medical
facility at 3455 Sarah Street, with the condition that if they connect to public water, an RPZ will
need to be installed on the downstream side of the meter within 12" of the meter.
FUNDING SOURCE
Not applicable.
RECOMMENDATION
Approval of ordinance with the condition that if they connect to public water, an RPZ will need to
be installed on the downstream side of the meter within 12"of the meter.
2548 Memorial Blvd
Gulf Coast Port.Arthur 98 77640
�, Ph:(409)983-1161
Fa-v(409)982-0978
Health Center, Inc.
Attachment A
Gulf Coast Health Center, Inc. service delivery plan and organizational structure is designed to reflect and
respond to the struggle of a community whose need for quality health care exceeds its capacity to deliver.
In addition to this, the rising cost of medications, excessive and inappropriate use of the Emergency Room,
the increasing numbers of immigrants, the nationally-mandated need for medical record portability and the
increased need for specialty care has created many areas of opportunity for us to make a difference.
Through our partnership with Antioch Missionary Baptist Church we propose to station our Medical Mobile
Clinic on the premises at L.L. Melton, 34SS Sarah St., Beaumont,TX 77707, every Wednesday and
Thursday to provide basic healthcare and ancillary services. Services to be provided will be,but not limited
to:
• Physical Examinations for adults and pediatrics
• Acute/Chronic Care
• Cholesterol and Diabetes Screenings
• Well Woman Exams/Pap Smears
• Well Child Check-ups
• Immunizations
• Laboratory Services
• Referrals
• Medication Assistance Program
• Eligibility Services
Mobile Medical Clinics have become common across the U.S. in the last two decades and Gulf Coast Health
Center, Inc.'s primary mission is to provide quality health care to the uninsured, low income,working
poor and homeless in Jefferson County. Our goals include: the provision of free or low-cost medical care
in a respectful, competent, culturally sensitive and compassionate manner;patient education toward self-
directed health management; and a decrease in the need for Emergency Department medical care.
Our Medical Mobile Clinic is both a stopgap and a potential solution for chronic holes in primary medical
care for many people and takes down geographic and cultural barriers to health services. Also, with the
advancement of technology,bridging the gap between the mobile clinic and a fixed-site has made timely
patient-professional consultation more attainable to those who would not otherwise have access to
healthcare.
755 North 01 Street 103 West Gibson,Suite 110 1301 West Park Avenue Suite C.
jasper,Texas 75951 Orange,Texas 77630
Silsbee TX 77656 J a. Phone:409 886-4400
Phone:409 386-1222 Phone: 409 489 9103
Fax:409 385-0472
Fax: 409 489-9263 Fax:409 886-4480
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1
• Approval of ordinance with the condition that if they connect to public water,an RPZ will need to be installed
on the downstream side of the meter within 12"of the meter.
ORDINANCE NO.
ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE
PERMIT TO ALLOW A MOBILE MEDICAL CLINIC TO BE
LOCATED AT 3455 SARAH STREET IN THE CITY OF
BEAUMONT, JEFFERSON COUNTY, TEXAS.
WHEREAS, Gulf Coast Health Center, Inc. has applied for a specific use permit to
allow a mobile medical clinic to be located at 3455 Sarah Street, being Lot 213, Block 19,
of the MC Cartwright Addition, City of Beaumont, Jefferson County, Texas, containing 5
acres, more or less, as shown on Exhibit "A," attached hereto; and,
WHEREAS, the Planning and Zoning Commission of the City of Beaumont
considered the request and is recommending approval of a specific use permit to allow
a mobile medical clinic to be located at 3455 Sarah Street, subject to the following
condition:
• If connected to public water, a RPZ will need to be installed on the
downstream side of the meter withing 12" of the meter
;and,
WHEREAS, the City Council is of the opinion that the issuance of such specific use
permit is in the best interest of the City of Beaumont and its citizens;
NOW, THEREFORE, BE IT ORDAINED
BY THE CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the statements and findings set out in the preamble to this ordinance are hereby, in
all things, approved and adopted; and,
Section 1.
That a specific use permit to allow a mobile medical clinic to be located at 3455
Sarah Street, being Lot 213, Block 19, of the MC Cartwright Addition, City of Beaumont,
Jefferson County, Texas, containing 5 acres, more or less, as shown on Exhibit "A,"
attached hereto, is hereby granted to Gulf Coast Health Center, Inc., its legal
representatives, successors and assigns, as shown on Exhibit "B," attached hereto and
made a part hereof for all purposes, subject to the following condition:
• If connected to public water, a RPZ will need to be installed on the
downstream side of the meter withing 12" of the meter.
Section 2.
That the specific use permit herein granted is expressly issued for and in
accordance with each particular and detail of the site plan attached hereto as Exhibit"B,"
attached hereto and made a part hereof for all purposes.
Section 3.
Notwithstanding the site plan attached hereto,the use of the property herein above
described shall be in all other respects subject to all of the applicable regulations contained
in Chapter 28 of the Code of Ordinances of Beaumont, Texas, as amended, as well as
comply with any and all federal, state and local statutes, regulations or ordinances which
may apply.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 25th day of
June, 2013.
- Mayor Becky Ames -
File 2168-P: Request for a specific use permit application to allow a mobile medical clinic N
to be located at an existing medical facility.
Location: 3455 Sarah Street
Applicant: Gulf Coast Health Center, Inc. 0 100 200
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EXHIBIT "A"
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• Approval of ordinance with the condition that if they connect to public water,an RPZ will need to be installed
EXHIBIT "B" on the downstream side of the meter within 12"of the meter.
4
June 25,2013
Consider a resolution approving a change order to the contract with Allco, LLC,related to the
Wastewater Treatment Plant Bar Screen Replacement and Aerobic Digester Rehabilitation
Projects
RICH WITH OPPORTUNITY
REAUMDN*
T • E • X • A • S City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Dr. Hani J. Tohme,P.E., Director of City Utilities
MEETING DATE: June 25, 2013
REQUESTED ACTION: Council consider a resolution approving a change order to
the contract with Allco, LLC, related to the Wastewater
Treatment Plant Bar Screen Replacement and Aerobic
Digester Rehabilitation Projects.
BACKGROUND
The City Council approved a contract with Allco, LLC, on August 9, 2011, in the amount of
$2,920,815.00. The contract will furnish all labor, materials, and equipment to remove and
replace the existing bar screen mechanisms and rehabilitate the existing digester aeration system
at the existing Wastewater Treatment Plant on Lafin Road.
The proposed change order in the amount of$196,722 will furnish all necessary engineering
design, labor, materials, and equipment to replace the existing walls and roofs of the two main
junction boxes located at the entrance and the northeast corner of the Wastewater Treatment
Plant with precast sealed reinforced concrete structures and related appurtenances. The bases of
the existing boxes will be rehabilitated, sealed and connected to the new structures. The sanitary
sewer gases deteriorated the existing reinforced concrete junction boxes causing the junction box
on the northeast corner of the Plant to collapse. In addition, this change order will delete
Additive Bid Item 6 for 42-inch bypass pumping. This proposed change includes a request for
180 days to be added to the contract time.
The bar screen is the first required stage of wastewater treatment. It removes large debris,
plastics,rags, and other material that is difficult to remove during primary treatment and can
damage the pumps. The existing bar screens have been in service for nearly 10 years. They
have deteriorated and require constant maintenance due to the large amount of debris received at
the Wastewater Treatment Plant. The screw conveyor system removes the debris collected by
the bar screens. The debris is then dewatered prior to disposal. The existing screw conveyor
system does not handle large debris and therefore requires constant maintenance. The new
conveyor system will provide consistent removal of debris of various sizes.
WWTP Bar Screen Replacement and Aerobic Digester Rehabilitation—Change Order#4
Page 2 of 2
Previous actions include:
Resolution 11-217 in the amount of$2,920,815.00 was approved by the City Council on August
9, 2011.
Change Order No. 1 in the amount of$78,647.00 was approved by the City Council on July 17,
2012.
Change Order No. 2 in the amount of$9,921.00 was executed on February 11, 2013.
Change Order No. 3 in the amount of$8,662.00 was executed on April 24, 2013.
FUNDING SOURCE
Capital Program.
RECOMMENDATION
Approval of resolution.
APPROVAL OF CONTRACT CHANGE
CHANGE ORDER No Four(4)
Date: 6118/2013
PROJECT: City of Beaumont,Texas
Wastewater Treatment Plant Improvements-Bar Screen and Digester Rehabilitation
OWNER City of Beaumont,Texas
801 Main Street
Beaumont,Texas 77701
CONTRACTOR Allco
P.O.Box 3684
Beaumont,Texas 77704
TO THE OWNER Approval of the following contract change is request d.
Reason for Cbnga: Furnish engineering design,labor,equipment,and materials to replace the walls and roofs and to rehabilitate,
seal and connect the bases of the existing Sewer Junction Boxes at the main entrance and northeast comer of the Wastewater
Treatment PbMrt;delete Additive Bid Item 6-Proposed 42"Bypass Line
ORIGINAL CONTRACT AMOUNT: $ 2,920,815.00
CHANGE ORDER Na 1 $ 78,646.66
CHANGE ORDER No.2 $ 9,921.00
CHANGE ORDER No.3 $ 8,662.00
THIS CHANGE ORDER
Deseir>tion: Net Change
Furnish engineering design,labor,equipment,and materials to replace the walls and roof $ 272,252.00
and to rehabilitate,seal and connect the base of the existing Sewer Junction Box at the
main entrance of the Wastewater Treatment P1wL
Furnish engineering design,hnbor,equipment,and materials to replace walls.and roof $ 284,470.00
and to rehabilitate,seal and connect the base of the existing Sewer Joliction Box at the
northeast comer of the Wastewater Treatment Plan
Delete Additive Bid Item 6-42"Bypass Line S (360,000.00)
TOTAL AMOUNT OF THIS CHANGE ORDER 196.722.00
TOTAL REVISED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER $ 3,214,766.66
CONTRACT TIME
Original Contract Time: 270 Calendar Days
Previous Change Orders 57 Calendar Days
Additional Time Requested for Proposed Work 180 Calendar Days
Revised Contract Time per this Change Order. 507 Calendar Days
CONDITION OF CHANGE:
"Contractor acknowledges and agrees that the adjustments in contract price and contract time stipulated in this Change Order
represents full compensation for all increases and decreases in the cost of and the time required to perform the entire work under the
Contract arising directly or indirectly from this Grange Order and all previous Change Orders. Acceptance of this waiver constitutes
an agreement between Owner and Contractor that the Change Order represents an all inclusive,mutually aged upon adjustment to the
Contract,and that Contractor will waive all rights to file a claim on this Change Order after it is properly executed."
Approved by: Accepted by:
Schaumburg&Polk,Inc. City of Beaumont All.,L
Engineer p / Owner Contractor
Date: 6' / /3 Date: Date:
RESOLUTION NO.
WHEREAS, on August 9, 2011, the City Council of the City of Beaumont, Texas,
passed Resolution No. 11-217 awarding a contract in the amount of$2,920,815.00 with
Allco, LLC, Beaumont, Texas, for the Wastewater Treatment Plant Bar Screen
Replacement and Digester Rehabilitation Project; and,
WHEREAS, on July 17, 2012, the City Council of the City of Beaumont, Texas,
passed Resolution No. 12-152 authorizing Change Order No. 1, in the amount of
$78,646.66,to furnish all necessary labor,materials,and equipment to remove and replace
existing sluice gate brackets at influent channels; remove and replace the existing light
fixtures in the bar screen and influent pump area, modify digester baffles at telescopic
valves, extend the 12" blowoff on blower header piping at the digesters; pipeburst the
existing 10"concrete drain line into the influent building;furnish and install a new high flow
bar screen in lieu of rehabilitation of the existing bar screen; and furnish and install a new
30" diameter sanitary sewer force main to the wastewater treatment plant influent box
including pipe and fittings, a new manhole, concrete repair, and a temporary entrance to
the Wastewater Treatment Plant;thereby increasing the contract amount to$2,999,461.66;
and,
WHEREAS, on February 11, 2013, the City Manager executed Change Order No.
2 in the amount of$9,921.00 to furnish all necessary labor, equipment, and materials to
prepare and paint the existing walls, ceiling, and floor of the influent pump room, thereby
increasing the contract amount to $3,009,382.66; and,
WHEREAS, on April 24, 2013, the City Manager executed Change Order No. 2 in
the amount of $8,662.00 to furnish all necessary labor, equipment, and materials to
prepare and paint the existing spiral stairway to the influent pump room and the four
existing influent pumps and piping;and,to reduce the costs for foam control and screening
removal, thereby increasing the contract amount to $3,018,044.66; and,
WHEREAS, Change Order No. 4, in the amount of$196,722, is required to furnish
all necessary engineering design, labor, materials, and equipment to replace the existing
walls and roofs and to rehabilitate, seal and connect the bases of the existing sewer
junction boxes at the main entrance and northeast corner of the Wastewater Treatment
Plant; and, to delete Additive Bid Item 6 for the proposed 42-inch bypass line, thereby
increasing the contract amount to $3,214,766.66;
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the statements and findings set out in the preamble to this resolution are hereby, in
all things, approved and adopted, and,
THAT the City Manager be and he is hereby authorized to execute Change Order
No. 4 in the amount of $196,722.00, thereby increasing the contract amount to
$3,214,766.66,for the Wastewater Treatment Plant Bar Screen Replacement and Digester
Rehabilitation Project.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 25th day of
June, 2013.
- Mayor Becky Ames -
5
June 25,2013
Consider a resolution authorizing publication of a notice of intention to issue Certificates of
Obligation in an amount not to exceed $43 Million
RICA WITH OPPORTUNITY
BEAUMON*
T • E • X • A • S City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Laura Clark, Chief Financial Officer
MEETING DATE: June 25, 2013
REQUESTED ACTION: Council consider a resolution authorizing publication of a
notice of intention to issue Certificates of Obligation in an
amount not to exceed$43 Million.
BACKGROUND
On June 19, 2013, Council held a workshop to discuss a potential issue of Certificates of
Obligation, proposed projects to be funded, and the impact on the property tax rate. The
proposed issue is in an amount not to exceed$43 Million. The proposed projects include:
$15 Million City-wide Street Rehabilitation
$3 Million Replacement of Fire Station No. 11
$2.5 Million Completion of South Park Drainage Relief Project
$1.5 Million City-wide Stormwater Master Plan Study
$1.2 Million Completion of New Public Health Complex
$4.75 Million Magnolia Overlay from Fannin to East Gill
$2 Million Delaware Overlay from Concord to Dowlen Road
$4.5 Million New Senior Center to replace Best Year's Center
$5 Million Riverfront Development and Improvements
$2.55 Million Contingency
There is an additional $1 Million to allow for more flexibility and to pay for all bond related
issuance costs. The City's tax rate is currently$0.64 per$100 assessed valuation with$0.46
dedicated to the General Fund and$0.18 dedicated to the Debt Service Fund. During the last ten
years,the tax rate, starting at$0.67, has been reduced several times and has been maintained at
$0.64 for the last five years. In July 2012 the City's Financial Advisor, RBC Capital Markets,
conducted a work session with the City Council and stated that the tax rate for Fiscal Year 2014
would need to increase by at least$0.01 to service the existing debt. After issuing the proposed
Certificates of Obligation, the property tax rate will need to be increased by a total of$0.05
effective October 1, 2013. The new tax rate would be $0.69 per$100 assessed valuation. The
average taxpayer will pay less than$5 more per month due to this increase.
Notice of Intent to Issue Bonds
June 25, 2013
Page 2
Issuance of the Certificates is tentatively scheduled for July 30, 2013 with delivery and receipt of
proceeds by the City on August 27, 2013.
FUNDING SOURCE
All debt and other expenses related to the Certificates of Obligation shall be incurred by the Debt
Service Fund.
RECOMMENDATION
Approval of resolution.
AA b
RESOLUTION NO.
RESOLUTION AUTHORIZING PUBLICATION OF NOTICE
OF INTENTION TO ISSUE CERTIFICATES OF OBLIGATION
THE STATE OF TEXAS §
COUNTY OF JEFFERSON §
THE CITY OF BEAUMONT §
WHEREAS, The City of Beaumont, Texas (herein referred to as the"City"), acting through
its governing body (hereinafter referred to as the "City Council"), is authorized to issue certificates
of obligation to pay contractual obligations to be incurred in connection with authorized capital
improvements and equipment purchases within the City (herein referred to as the "Project"), as
more particularly described in the notice attached hereto as Exhibit "A", and for professional
services rendered in connection therewith pursuant to Texas Local Government Code Sections
271.041 -271.065, as amended, and for costs of issuance and related fees; and
WHEREAS, the City Council of the City has determined that it is in the best interest of the
City and otherwise is desirable to issue a series of certificates of obligation in a principal amount
not to exceed$43,000,000 to be known as the"City of Beaumont,Texas, Certificates of Obligation,
Series 2013" (hereinafter referred to as the "Certificates") to finance the Project and to pay for
professional services rendered in connection therewith, and for costs of issuance and related fees;
and
WHEREAS, in connection with the issuance of the Certificates, the City Council intends to
publish notice of the intent of the City to issue the Certificates in accordance with the requirements
of the Texas Local Government Code Section 271.049, as amended; and
WHEREAS,the City Council has been presented with and has examined the proposed form
of notice to be published and finds that the form and substance thereof are satisfactory and that the
recitals and findings contained therein are true,correct and complete;
NOW,THEREFORE,BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT, TEXAS:
Section 1. The facts and recitations contained in the preamble of this resolution are hereby
found and declared to be true and correct.
Section 2. The City Council hereby approves the form of the Notice of Intention to Issue
Certificates of Obligation presented to the City Council in substantially the form attached hereto as
Exhibit "A" and incorporated herein by reference (the "Notice"). The City Council hereby
authorizes the Mayor or any other member of the City Council or any other official of the City to
execute and deliver the Notice on behalf of the City, with such changes therein and additions
thereto as the person executing same may approve, such approval to be conclusively evidenced by
AAb
such execution thereof. The City Council hereby authorizes and directs the Mayor, the City Clerk
or any other official of the City to cause the Notice to be published in the manner required by law in
a newspaper of general circulation in the City.
Section 3. The Notice set forth in Exhibit"A"attached hereto shall be published in English
once a week for two (2) consecutive weeks in a newspaper which is of general circulation in the
City, the date of the first publication to be not less than thirty (30) days prior to the date tentatively
set in the Notice for the passage of the ordinance authorizing the issuance of such Certificates of
Obligation.
Section 4. The Mayor, the City Clerk, and other officials of the City are hereby authorized
and directed to do any and all things necessary or desirable to carry out the provisions of this
resolution.
Section 5. This resolution shall take effect immediately upon its passage.
Section 6. It is officially found, determined and declared that the meeting at which this
Resolution is adopted was open to the public and public notice of the time,place and subject matter
of the public business to be considered at such meeting, including this Resolution, was given, all as
required by the Texas Government Code Chapter 551, as amended.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 25h day of June,
2013.
Mayor
THE CITY OF BEAUMONT,TEXAS
ATTEST:
City Clerk
THE CITY OF BEAUMONT, TEXAS
(SEAL)
- 2 -
AAc
NOTICE OF INTENTION TO ISSUE CERTIFICATES OF OBLIGATION
NOTICE IS HEREBY GIVEN that the City Council of The City of Beaumont, Texas (the
"City"), will meet in the Beaumont City Hall, 801 Main Street, Beaumont, Texas, at 1:30 p.m., on
the 30th day of July, 2013, which is the time and place tentatively set for the passage of an
ordinance and to take such other action as may be deemed necessary to authorize the issuance of the
City's Certificates of Obligation, Series 2013 the maximum principal amount of $43,000,000
payable from the City ad valorem taxes and from a subordinate lien and limited pledge of certain net
revenues of the City's water and sewer system but only to the extent of and in an amount not to
exceed $10,000 in the aggregate, bearing interest at a rate or rates, not in excess of that prescribed
by law, and maturing over a period of years not to exceed forty(40) years from the date thereof, for
the purpose of evidencing the indebtedness of the City to finance all or any part of the cost of the
following projects, which projects will be financed in such order of priority as determined by the
City Council: (1) City street improvements, including street construction, extension, reconstruction,
widening, replacement, resurfacing, and rehabilitation, and the construction of related sidewalks,
curbs, gutters, ditches, drainage improvements, lighting, and landscape improvements; (2)
construction of laterals, improvements to inlets, manholes, and pipe on Campus Avenue, Zavalla
Drive, East Woodrow Street, Kenneth Avenue, Saxe Street, and Florida Avenue; (3) construction
of drainage improvements on City property or City right-of-way in the Caldwood Addition
including installation or replacement of inlets and laterals on Bristol, Sunbury, Medford,
Canterbury, Cross, North Caldwood, Central Caldwood, South Caldwood and West Caldwood
Streets; (4) construction or improvements on City property or City right-of-way for two remaining
phases of the High School Ditch Project including drainage improvements in area bounded by IH-
10 on the north, South Street on the south, First Street on the east and Eleventh Street on the west;
(5) conduct storm water master drainage plan study through a professional services agreement to
update the current plan for drainage projects; (6)relocation of Fire Station No. 2 from Ironton Street
to Helbig Street; (7) construction of hike and bike trails on easement owned by City between Major
Drive and Dowlen Road for public use; (8) relocation of Fire Station No. 1 to Gulf and Caldwell
Streets; (9) complete construction of new Public Health Complex (on City-owned property on
College near 4h Street), and furnishings and equipment; (10) construction of new Senior Center to
be owned by the City for public use to replace existing Best Years Center; (11) relocation of Fire
Station No. 11 to the vicinity of Royal and Neches Streets; (12) Improvement to Riverfront Park
along Neches River between Elizabeth Street and the KCS Bridge for public use, on City owned
property; (13) the cost of professional services incurred in connection with the respective projects;
and(14) costs of issuance of debt and related fees.
EXHIBIT "A"
A.4.c
WITNESS MY HAND AND THE OFFICIAL SEAL OF THE CITY, this 25th day of June,
2013.
MAYOR
THE CITY OF BEAUMONT, TEXAS
- 2 -
6
June 25,2013
Consider a resolution approving the engagement of Orgain, Bell, and Tucker, LLP, as bond
counsel relating to the proposed issuance of not to exceed $43 Million of Certificates of
Obligation, Series 2013 for a minimum fee of$17,500 per series or.15%of the face amount of the
Bonds issued
RICH WITH OPPORTUNITY
r
T • E • X • A • s City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager y�
PREPARED BY: Laura Clark, Chief Financial Officer fIC�J
MEETING DATE: June 25, 2013
REQUESTED ACTION: Council consider a resolution approving the engagement of
Orgain, Bell, and Tucker, LLP, as bond counsel relating to
the proposed issuance of not to exceed$43 Million of
Certificates of Obligation, Series 2013 for a minimum fee
of$17,500 per series or .15% of the face amount of the
Bonds issued.
BACKGROUND
The certificates of obligation will be issued to finance the street,drainage,and general improvement
projects and pay for professional services rendered in connection with each. Issuance of the Bonds
is tentatively planned for July 30, 2013,with proceeds being received in August 2013.
FUNDING SOURCE
Debt Service Fund.
RECOMMENDATION
Approval of resolution.
RESOLUTION NO.
WHEREAS, the City of Beaumont, Texas, (the"City")proposes to issue Certificates
of Obligation, Series 2013, in an amount not to exceed $43 Million (the "Bonds"); and,
WHEREAS, in order to proceed with the issuance of the Bonds, the City desires to
authorize the employment of bond counsel;
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT, TEXAS:
THAT the statements and findings set out in the preamble to this resolution are hereby, in
all things, approved and adopted; and,
1. That the City is authorized to and hereby employs Orgain, Bell &Tucker, LLP,
Beaumont, Texas, as bond counsel for the issuance of the Bonds, pursuant to the terms
of the engagement letter dated June 14, 2013, presented by Orgain, Bell & Tucker, LLP,
to the City, attached hereto as Exhibit "A;" and,
2. That the City and its bond counsel are authorized to proceed with taking all
action appropriate for the issuance of the Bonds; provided, however, that the Bonds shall
be issued only if the final terms and provisions thereof are hereinafter approved by the City
Council.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 25th day of
June, 2013.
- Mayor Becky Ames -
ORGAiN BELL&TUCKER,LLP Benny H.Hughes
ATTORNEYS AT LAW 4700deencSkW I P.O.Box 1751
Beumont I Housw I The Woodlands Silsbee Austin Beamw,Texas 77704-1751
40989&6412,ad.365 1 Okeot 409.851,7465
Fax 409.951.7365
Emd:bhheobt.00m or BennyHughesikmcorn
anft at www.obt.com
June 14, 2013
City of Beaumont
Attention: Kyle Hayes, City Manager
801 Main Street
Beaumont,Texas 77701
Re: Certificates of Obligation, Series 2013
Dear Mr. Hayes:
This letter will confirm the terms of our engagement as bond counsel to the City of
Beaumont,Texas(the"City")relating to the City's proposed issuance of its Certificates of
Obligation, Series 2013,in the principal amount of approximately$42,000,000(herein referred
to as the"Bonds").
I
As bond counsel, the services to be provided by our firm will include(1)preparation and
drafting of all documents customarily prepared by bond counsel in order to issue the Bonds, (2)
preparation and delivery of our firm's opinions relative to the tax-exempt status of the Bonds and
the absence of registration requirements, (3)review of any official statements used to market the
Bonds, (4)review of the disclosures made by the City, (5)preparation and filing of documents
necessary to obtain approval of the Attorney General of the State of Texas and registration of the
Bonds with the Comptroller of Public Accounts, (6)review and examination of bond insurance
agreements,if applicable, and(7)review of any Bond purchase agreement proposed by the
underwriters for the Bonds.
i
We will provide these services to the City for a fee equal to 15 basis points (i.e. 0.15%)
of the face amount of the Bonds issued,but subject to a minimum fee of$17,500.00 per series.
The fee will be payable only at the time of delivery of the Bonds. This fee does not include any
fee for co-bond counsel, should the City elect to employ one.
In addition to payment of the fees set forth above, the City will reimburse our firm for the
reasonable and actual out-of-pocket expenses incurred in each financing transaction. Such
expenses typically average approximately$2-3,000 per transaction. These expenses are in
addition to the expenses the City will incur for publication costs and the fee payable to the Texas
Attorney General's Office for its examination and approval of the Bonds.
EXHIBIT "A"
City of Beaumont
June 14,2013
Page 2 of 2
We very much appreciate the opportunity to serve the City in this matter.
Sincerely yours,
ORGAN BEL & TUCKER,LLP
Be H. Hughes
BHI r
cc: Ms. Laura Clark
Chief Financial Officer
City of Beaumont
801 Main Street
Beaumont,Texas 77701
ACCEPTED ANDAGREED TO this day of 12012.
THE CITY OF BEA.UMONT,TEXAS
By:
Its:
WORK SESSION
Review and discuss increasing various garbage collection
rates
7
June 25,2013
Consider an ordinance amending Section 22.05.211(b)(1) and(2) of the Code of Ordinances to
increase garbage rates
RICH WITH OPPORTUNITY
[IEAUMON*
T • E • x • A • S City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Laura Clark, Chief Financial Offices
MEETING DATE: June 25, 2013
REQUESTED ACTION: Council consider amending Section 22.05.211(b)(1) and(2)
of the Code of Ordinances to increase garbage rates.
BACKGROUND
The current garbage collection rates are $15.00 with an additional $3.50 for an extra can. Senior
citizen rates at a 10% discount are $13.50 with an additional $3.50 for an extra can. The
Administration is proposing that effective July 1,2013 the garbage collection fee would increase
$1.00 per month to $16.00. Also the extra can fee would increase to $3.75 and the senior citizen
rate would increase to $14.40 per month. The projected revenue increase on an annual basis is
estimated at$418,800 based on accounts billed through May 2013.
FUNDING SOURCE
Not applicable.
RECOMMENDATION
Approval of resolution.
ORDINANCE NO.
ENTITLED AN ORDINANCE AMENDING CHAPTER 22,
SECTIONS 22.05.211(b)(1)(A) and 22.05.211(b)(1)(B) , OF
THE CODE OF ORDINANCES OF BEAUMONT, TEXAS, TO
INCREASE GARBAGE AND TRASH RATES; PROVIDING
FOR SEVERABILITY; PROVIDING FOR REPEAL;
PROVIDING A PENALTY;AND PROVIDING AN EFFECTIVE
DATE.
BE IT ORDAINED BY THE CITY OF BEAUMONT:
Section 1.
THAT Chapter 22, Sections 22.05.211(b)(1)(A) and 22.05.211(b)(1)(B), of the Code of
Ordinances of the City of Beaumont, be and the same is hereby amended to read as
follows:
Sec. 22.05.211 Residential service
(b) Garbage and trash rates. No rate adjustment will be made for
temporary non-use of service. Nonpayment of the collection services fee
shall be sufficient grounds for discontinuance of city water service. The rate
for collection outside the city limits shall be one hundred fifty (150) percent
of the rate established for service inside the city limits. No type of service will
be offered residences exempted under section 22.05.007(c) or for vacant
lots except as provided in section 22.05.062. If a business is located in a part
of a residence, a collection services fee shall be charged for each connection
to the city's water system. The following monthly rates apply for collection
services:
(1) The monthly rates for standard collection services shall consist
of the following elements:
(A) Garbage and trash collection: $16.00.
A 10% discount to the garbage and trash collection fee shall
apply to customers residing in single-family residences who
are sixty-five (65) years of age or older. To obtain the senior
citizen garbage and trash collection rate, eligible persons must
file a sworn application on a form provided therefor with the
central collections division. The rate shall remain in effect so
long as the customer residing in the single-family residence is
sixty-five (65) years of age or older.
(B) Additional containers:
The monthly fee for each additional container is three dollars
and seventy-five cents ($3.75) per month.
Section 2.
That if any section, subsection, sentence, clause or phrase of this ordinance, or the
application of same to a particular set of persons or circumstances, should for any reason
be held to be invalid, such invalidity shall not affect the remaining portions of this
ordinance, and to such end, the various portions and provisions of this ordinance are
declared to be severable.
Section 3.
That all ordinances or parts of ordinances in conflict herewith are repealed to the
extent of the conflict only.
Section 4.
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 the City of
Beaumont, Texas.
Section 5.
This ordinance shall be effective from and after July 1, 2013.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 25th day of
June, 2013.
- Mayor Becky Ames -