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HomeMy WebLinkAboutPACKET JUL 23 2013 sIC■ WAT■ OTTOUTUXITT BEAU11n1'nUN* T • E • Z * A * S REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS JULY 23,2013 1:30 P.M. CONSENT AGENDA * Approval of minutes—July 16, 2013 * Confirmation of committee appointments A) Approve a resolution authorizing the execution of a License to Encroach Agreement with Emma Ellis B) Approve a resolution amending agreements with U.S. Telecom, Inc. (Sprint), Ohmstede, LTD, Baptist Hospitals of Southeast Texas,Network USA, LLC, Caliber Solutions, Qwest Communications Corporation and CenturyTel Fiber Company II, LLC (LightCore)for use of the city's right-of-way C) Approve a resolution authorizing the acceptance of property at 1430 Madison Avenue for the Madison Street Project A RICH WITH OPPORTUNITY ' T E . X . A . 3 � Council A ends Item City g TO: City Council FROM: Kyle Hayes, City Manager D PREPARED BY: Patrick Donart, Public Works Director MEETING DATE: July 23, 2013 REQUESTED ACTION: Council consider a resolution authorizing the execution of a License to Encroach Agreement with Emma Ellis. BACKGROUND There is an existing structure located at 4974 Highland Avenue encroaching into a twenty foot (20') alley in Lots 6, 7 and 8, Block 1, Morning View Addition. The structure encroaches 8'. The request from Emma Ellis,the owner of the structure, was submitted to all city departments and utility companies with one objection from Centerpoint Energy. The City Utilities Department approved the license to encroach with the following conditions: The City of Beaumont will not be responsible for any damage to the structures if the sanitary sewer line should ever develop a cavity or due to any repairs to the City main by City crews. The City of Beaumont shall not be responsible for the repair and replacement of any paving or other structures within the Easement property. The License Agreement protects the City from liability and provides a thirty (30) day cancellation clause. FUNDING SOURCE There is a one time non-refundable fee of$500 from Emma Ellis for the License to Encroach. RECOMMENDATION Approval of resolution. RICH WITH OPPORTUNITY BEAUMO-N* Application for License to Encroach City of Beaumont, Texas T • E • % • A • S 1. NAME OF APPLICANT: clnAla Ell;5 ADDRESS: X974 iJt' h k ad 4-Ve. PHONE: 9 843-�8 60 2. AUTHORITY OF APPLICANT: Oval m r 3. NAME OF OWNER: C-MM Q 6_11 ZS ADDRESS: V1756 Ave PHONE: LEGAL DESCRIPTION OF OWNER'S PROPERTY(Lots,Blocks,Subdivision) TO BE SERVED BY EASEMENT OR RIGHT-OF-WAY: Lai (o.7 i B _ Qlog-t -1 Md rns"A4 Mug 4. DESCRIPTION OF EASEMENT OR RIGHT-OF-WAY INVOLVED: 5. PRESENT USE OF EASEMENT OR RIGHT-OF-WAY (List Utilities if Present): 6. USE OF EASEMENT OR RIGHT-OF-WAY DESIRED BY OWNER: ReQQt,r GEr�,� --�tg -WaC e�Pn�a•ef- 7. ATTACH A MAP OR PLAT DELINEATING THE EASEMENT OR PUBLIC RIGHT-OF-WAY (Dimensioned and to Engineering Scale). PLEASE INCLUDE ALL PERTINENT INFORMATION ON THE MAP: L Distances from edge of pavement or back of curb ii. Street names and nearest cross streets iii. Side of the street [east,west,north,south] 8. COST TO BE PAID FOR LICENSE TO ENCROACH AT TIME APPLICATION IS SUBMITTED— $500 SAID COST BEING NON-REFUNDABLE. TO THE BEST OF MY KNOWLEDGE, THE ABOVE INFORMATION IS TRUE AND CORRECT. SIGNATURE RESOLUTION NO. WHEREAS, Emma Ellis has requested that the City of Beaumont grant a License to Encroach into one (1) twenty foot (20') alley at 4974 Highland Avenue, which is described as being in Lots 6, 7 and 8, Block 1, Morning View Addition, to the City of Beaumont. The encroachment being a structure overlapping V into the 20'alley described in Exhibit "A" and shown in Exhibit "B," attached hereto and made a part hereof for all purposes; and, WHEREAS, City staff has expended considerable time and effort in investigating the effect of such encroachment upon the City easement and utilities therein; and, WHEREAS, it appears that it would be equitable to allow such encroachment at this time; 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 a License to Encroach to Emma Ellis to encroach into one (1) twenty foot (20') alley at 4974 Highland Avenue, which is described as being out of Lots 6, 7 and 8, Block 1, Morning View Addition, to the City of Beaumont. The encroachment being an existing structure overlapping 8' into the 20' alley, as described in Exhibit "A" and shown in Exhibit "B," attached hereto and made a part hereof for all purposes for a one-time fee of Five Hundred Dollars ($500.00) for the License to Encroach. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 23rd day of July, 2013. - Mayor Becky Ames - LICENSE TO ENCROACH STATE OF TEXAS X ALL MEN BY THESE PRESENTS: COUNTY OF JEFFERSON X On the date last indicated below, the City of Beaumont, a municipal corporation, of Beaumont, Jefferson County, Texas, herein called "Licensor" and Emma Ellis, owner, hereinafter called "Licensee", contracted and agreed as set forth herein. Licensee desires a license from Licensor to use that real property (the subject of this license agreement)described as follows: Said encroachment being a structure overlapping a 20'(twenty foot) alley by 8' on Lots 6, 7 and 8, Block 1, of the Morning View Addition(4974 Highland Avenue). Said encroachment is shown on Exhibit "A", attached. Subject property may continue to be occupied and used by Licensee solely in connection with the existing structures and for incidental purposes related thereto during the term of this license or until termination thereof Said license shall terminate upon removal or demolition of said encroachment. Substantial improvements shall not be made upon any encroachment without first obtaining the written consent of Licensor and giving notice to Licensor in writing of how, when and to what extent such improvements are to be made. A copy of this license shall be attached to such notice. Substantial improvement means any repair, construction, or improvement of a structure, the cost of which equals or exceeds twenty-five percent (25%) of the market value of the structure either: (1) before the improvement or repair is started; or (2) if the structure has been damaged and is being restored, before the damage occurred. For the purposes of this definition, "substantial improvement" is considered to occur when the first alteration of any portion of the structure commences, whether or not that alteration affects the external dimensions of the structure. The term does not, however, include any projects or improvements of a structure to comply with existing state or local health, sanitary, or safety code specifications which are solely necessary to protect the health, safety and welfare of the public, inhabitants, or users of such structure. In the event the City of Beaumont, by resolution of the City Council, determines it needs the subject property, or any part thereof, for the benefit of the City or to protect the health, safety or welfare of the public, and it terminates this license or any part thereof, Licensee shall not receive any compensation and the City of Beaumont shall not be liable therefore, whether for the value of property taken, damage to the abutting or remaining property or improvement, loss of business or profit, loss of access, or otherwise. Page 1 of 4 EXHIBIT "A" Licensee shall at all times indemnify and hold harmless Licensor and any franchised entity of licensor against, and pay in full, for all claims, losses, damages, law suits, attorney's fees, costs, judgments or expenses, that Licensor and any franchised entity of Licensor may sustain, incur, be required to pay or become liable for, resulting in any manner from the construction,maintenance,use, state of repair,or presence of such encroaching structure. Licensor, and any franchised entity of Licensor, reserves the right to make improvements, perform maintenance and construction to the right-of-way or premises covered by this license where such is deemed necessary for the health, welfare and safety of the community. In doing so, Licensor and any franchised entity of Licensor shall not be liable to Licensee for any damage occasioned thereby and Licensee shall not be entitled to prosecute or maintain a claim against such parties for any such damage sustained by Licensee to said encroaching structure or any abutting or attached structures, improvements or land caused by the removal or alteration of any encroachment. In addition, Licensee shall reimburse Licensor and any franchised entity of Licensor any additional costs resulting from the encroachment. Licensor will not be responsible for any damages to the structures if the sanitary sewer line or the storm sewer should ever develop a cavity or due to any repairs to the Licensor main by Licensor crews. The Licensor shall not be responsible for the repair and replacement of any paving or other structures within the Easement property. Licensee shall not permit trees, shrubs, plants, or any object to be placed on the subject property in such a manner as to obstruct the view of traffic. In addition, Licensor will not be responsible for any damages to the structure if the sewer main should ever develop a cavity or due to any repairs to the Licensor main by Licensor crews. As part of the consideration for this agreement, Licensee shall pay to Licensor the sum of Five Hundred Dollars($500.00). Said sum being non-refundable. This license shall be recorded in the Real Property Records in the Office of the County Clerk of Jefferson County, Texas by Licensor. This agreement is terminable by either party by giving written notice to the other specifying the date of termination. Said notice shall be given not less than thirty(30) days prior to the termination date, therein specified, and shall be recorded in the Real Property Records in the Office of the County Clerk of Jefferson County, Texas by Licensor. This license is neither assignable nor transferable except in conjunction with, and as part of, Licensee's conveyance of all the abutting property this license serves, through probate or warranty deed or lease. In any such event, Licensor shall be notified of such occurrence by being delivered a copy of the document or documents conveying or leasing the same. Page 2 of 4 Any notice to Licensor shall be sufficient if it is mailed or hand delivered to the Office of the City Engineer, City of Beaumont, P.O. Box 3827, Beaumont, Texas 77704. Any notice to Licensee or their successors shall be sufficient if mailed or hand delivered to Property Owner at 4974 Highland Avenue, Beaumont,Texas 77705. IN WITNESS, WHEREOF, the parties hereto have executed this agreement as of the day of ,2013. LICENSOR: LICENSEE: CITY OF BEAUMONT By: By: KYLE HAYES EMMA ELLIS CITY MANAGER Page 3 of 4 ACKNOWLEDGMENTS STATE OF TEXAS X COUNTY OF JEFFERSON X This instrument was acknowledged before me on the day of , 2013, by Kyle Hayes, City Manager of the City of Beaumont, a municipal corporation, on behalf of said corporation. Notary Public, State of Texas STATE OF TEXAS X COUNTY OF JEFFERSON X This instrument was acknowledged before me on the day of , 2013,by Emma Ellis. Notary Public, State of Texas RETURN TO: City of Beaumont Antoinette Hardy-Engineering P.O.Box 3827 Beaumont,Texas 77704 Page 4 of 4 G F No. o -PAP .r t . FFyvtE r.. T•rc•+.+5? I r ¢eatl't 4E ri Q j I =1 ----! s LOT l:-OT I I f �F1 �i�T.F.cry"_ `1 ► i Fk►v I qt?l,�ttit;tc �r; AV`fl;;- } L0 I'S r;, 7 VOL. t'4t:F' =`J, PV1 R?.('(tolx lfl: !'K;f)ti (;111?`r.1'Y, 1'.'K_AS l;t-N;St!ti TRAI-V 25 # IIVI1!?: DAVIT) f;, VLLTS R RIFF, FNMA LOO FI,LIS IN ACCORRAN({ FIT'T'H TT1F: FL)X') HAZARD ROU!1I)ARY !SAP, !)RPARTMENT OF 1[011SIN�1 AND UWAAN ()FVFLOP� MVNIT. CrN�I^'IRIT'PY NO, 485457, PANrl,'NO, OC125A. DATO of F gm— 12-4-84. '1'11 PROPFRTY T.TFq:T{ l 7ONF "I"' IMATTf)N ON MAP I-)F..TFRMTNrn;tiY SCALE ON MAP. A('IIIAT FIELTI UVV?TTON N'(Yi I)MTWNFp. MARL t , Wtxf`ITT,F:Y ANI) A.SKOC'TATFS DONS f4fYi' WARRAMT MOR ST!W.R.IRF TO THE SrALF OR Arrjlp.krY O ';A!') FrA?5• lrfk?. "C" T)r11?S NCYT' 1,101-N 'CITE. 100 YI-AR I LO011 PLATU, i � i i f t I. TO THE OWNERS OF THE PREMISES. SURVEYED ? 1 AS OF THE DATE OF'THE SURVEY' I i +'Ai? W. WNdTFI,FY DO HEREBY CERTIFY THAT THIS :SURVEY WAS THIS DAY 1, 11 . MADE ON THE SURFACE OF THE GROUND OF THE PROPERTY`LEGALLY DESCRIBED HEREON AND 1S CORRECT. I FIND NO DISCREPANCIES;SHORTAGES IN,ENCROACHMENTS OR m OVERLAPPING OF IMPROVEMENTS ON,THE SURFACE OF GROUND, EXCEPT AS SHOWN z HEREON. I c DATE SURVEYED V()yR,hikt`!? 1Q 'TNS7 • - i htat r 14I,1 I t)LFy—REGISTERED ',PURL SURVEYOR No. MARK MOWS ASSdG WS INCORPORATED i t SOtR'PLYING.FNGtNFFp-c - 4 Ri e`ar's EXHIBIT "B" , <. B RICH WITH OPPORTUNITY REAUMON* 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: July 23, 2013 REQUESTED ACTION: Council consider a resolution amending agreements with U.S. Telecom, Inc. (Sprint), Ohmstede, LTD, Baptist Hospitals of Southeast Texas,Network USA, LLC, Caliber Solutions, Qwest Communications Corporation and CenturyTel Fiber Company II, LLC (LightCore) for use of the city's right-of-way. BACKGROUND The City of Beaumont has a number of agreements with companies that allow them to lay fiber optic cable in the city's right-of-way. For those companies not classified as certified telecommunications providers (CTPs), Texas law allows the city to enter into agreements with them so that the city may be compensated for use of the city's right-of-way. When these agreements were executed the rate was $1.35 per linear foot. A rate of$1.75 per linear foot has been agreed upon in the new agreements approved and executed in 2013. Because the existing agreements allow for an increase in the rate during the term of the agreement,they are being amended now to reflect the new rate of$1.75 per linear foot. In addition, these agreements will be converted from 10 year agreements to two year agreements with an option to renew for an additional two years. No provisions other than the fee structure and term are subject to change. The amended agreements include: 1. U.S. Telecom, Inc. (Sprint) 2. Ohmstede, LTD 3. Baptist Hospitals of Southeast Texas 4. Network USA, LLC 5. Caliber Solutions 6. Qwest Communications Corporation 7. CenturyTel Fiber Company II, LLC (LightCore) FUNDING SOURCE Not applicable. This will result in an increase in revenue to the City. RECOMMENDATION Approval of resolution. RAYMOND JANVJEESG July 17, 2013 City of Beaumont P.O. Box 3827 Beaumont,Texas 77704 Attn: Mr. Kyle Hayes,City Manager Re: Disclosures by Co-Managing Underwriter Pursuant to MSRB Rule G-17 Certificates of Obligation, Series 2013 Dear Mr. Hayes: We are writing to provide you, as City Manager of the City of Beaumont,Texas(the"Issue"), and an official of the Issuer with the authority to bind the Issuer by contract, with certain disclosures relating to the captioned obligation issue (the "Obligations"), as required by Municipal Securities Rulemaking Board (MSRB) Rule G-17 as set forth in MSRB Notice 2012-25(May 7, 2012)1. The Issuer has engaged Raymond lames & Associates, Inc. ("RJA"),to serve as an underwriter, and not as a financial advisor or municipal advisor, in connection with the issuance of the Obligations. As part of our services as co-managing underwriter, RJA may provide advice concerning the structure, timing,terms, and other similar matters concerning the issuance of the Obligations. Pursuant to Rule G-17, you will receive a disclosure letter from the senior managing underwriter making certain disclosures on behalf of all members of the underwriting syndicate, including RJA. You also may receive additional separate disclosure letters pursuant to Rule G-17 from one or more co-managing underwriters for the Obligations. Additional Conflicts and Business Relationships Disclosures: RJA has identified the following additional potential or actual material conflicts and business relationships we wish to call to your attention: In the ordinary course of its various business activities, RJA and its affiliates, officers, directors, and employees may purchase, sell or hold a broad array of investments and may actively trade securities, derivatives, loans, commodities, currencies, credit default swaps, and other financial instruments for their own account and for the accounts of customers. Such investment and trading activities may involve or relate to assets, securities, and/or instruments of the Issuer(whether directly, as collateral securing other obligations or otherwise) and/or persons and entities with relationships with the Issuer. RJA and its affiliates also may communicate independent investment recommendations, market advice or trading ideas and/or publish or express independent research views in respect of such assets, securities or 1 Interpretive Notice Concerning the Application of MSRB Rule G-17 to Underwriters of Municipal Securities(effective August 2,2012). DEBORAH S.JONES,MANAGING DIRECTOR 5847 San Felipe,Suite 4125 Houston,TX 77057 T 713.840.3602 debijones @raymondiames.com Raymond James 9 Associates,Inc.,member New vorr,Stove Excha Pge,,SWC RAYMOND JAIVI[ES0 instruments and at any time may hold, or recommend to clients that they should acquire, long and/or short positions in such assets,securities and instruments. If you or any other Issuer official has any questions or concerns about these disclosures, then please make those questions or concerns known immediately to the undersigned. In addition, the Issuer should consult with its own financial and/or municipal, legal, accounting, tax and other advisors, as applicable, to the extent it deems appropriate. It is our understanding that you have the authority to bind the Issuer by contract with us, and that you are not a party to any conflict of interest relating to the subject transaction. If our understanding is incorrect, please notify the undersigned immediately. Under MSRB Rules, we are required to seek your acknowledgement that you have received this letter. Accordingly, please send me an email to that effect or sign and return the enclosed copy of this letter to me at the address set forth below. Depending on the structure of the transaction that the Issuer decides to pursue, or if additional potential or actual material conflicts are identified, we may be required to send you additional disclosures regarding the material financial characteristics and risks of such transaction and/or describing those conflicts. At that time, we also will seek your acknowledgement of receipt of any such additional disclosures. We look forward to working with you and the Issuer in connection with the issuance of the Obligations. We appreciate your business. Sincerely, RAYMOND JAMES&ASSOCIATES, INC. By: Acknowledgement: Name: Title: Date: CC: Wells Fargo Securities Orgain Bell&Tucker,LLP RBC Capital Markets, LLC Creighton, Fox,Johnson& Mills, PLLC West&Associates, L.L.P. DEBORAH S.JONES. MANAGING DIRECTOR 5847 San Felipe,Suite 4125 Houston,TX 77057 T 713.840.3602- debi jones(graymondjames.com Raymond James 8 Associates.Inc„member New York Stock 6mnan9e,S1DC RESOLUTION NO. WHEREAS, the City of Beaumont entered into agreements with U.S. Telecom, Inc. "Sprint"; Ohmstede, LTD; Baptist Hospitals of Southeast Texas; Network USA, LLC; Caliber Solutions; Qwest Communications Corporation; and CenturyTel Fiber Company II, LLC "LightCore" for the placement of fiber optic cable in the city's public right-of-way; and, WHEREAS, it is necessary to enter into amendments to reflect a new rate of$1.75 per linear foot for use of the city's right-of way and to convert from 10 year agreements to two year agreements with an option to renew for an additional two years; 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 Council hereby approves the execution of a first amendment to the agreements with U.S. Telecom, Inc. "Sprint"; Ohmstede, LTD; Baptist Hospitals of Southeast Texas;Caliber Solutions;and Qwest Communications Corporation,substantially in the form attached hereto as Exhibits 'A" "B," "C," "D," and "E," respectively, and made a part hereof for all purposes,for the placement of fiber optic cable in the city's public right- of-way; and, BE IT FURTHER RESOLVED THAT the City Council hereby approves the execution of a second amendment to the CenturyTel Fiber Company Il, LLC"LightCore"agreement, substantially in the form attached hereto as Exhibit "F" and made a part hereof for all purposes, for the placement of fiber optic cable in the city's public right-of-way; and, BE IT ALSO RESOLVED THAT the City Council hereby approves the execution of a fourth amendment to the Network USA, LLC agreement, substantially in the form attached hereto as Exhibit"G" and made a part hereof for all purposes, for the placement of fiber optic cable in the city's public right-of-way; and, PASSED BY THE CITY COUNCIL of the City of Beaumont this the 23rd day of July, 2013. - Mayor Becky Ames - FIRST AMENDMENT PUBLIC RIGHT-OF-WAY USE AGREEMENT THE STATE OF TEXAS § COUNTY OF JEFFERSON § WHEREAS, U.S. Telecom, Inc., "Sprint", and the City of Beaumont ("City"), collectively referred to as the "Parties," executed a Public Right-of-Way Use Agreement on March 10, 1986; and WHEREAS,the Parties desire to amend such Agreement, but only as noted below; NOW, THEREFOR: The Parties, for and in consideration of the receipt of good and valuable consideration, as set out more fully herein,agree to amend that certain Agreement executed by the Parties on March 10, 1986, entitled "Public Right-of-Way" as follows: (a) U.S. Telecom,Inc.,"Sprint", may lay, maintain, operate, replace or remove a fiber optic communication system(the "System") for the transportation of communications in,on,under, or across the streets,alleyways and easements as set forth and situated in the City of Beaumont, Jefferson County, Texas. (b) Pursuant to Paragraph(w) of the original March 10, 1986, Agreement between Parties,by January 1, 2011,they were to negotiate a new annual fee per linear foot of fiber optic cable in the City right-of-way. The original rate, which is in effect until December 31,2011,is$1.35 per linear foot and the new rate shall be$1.75 per linear foot, effective January 1, 2014. The new rate shall be effective until December 31,2015. U.S. Telecom,Inc.,"Sprint" shall have the option to renew the Agreement for the period from January 1, 2016 until December 31, 2017. (c) All provisions of the original Right-of-Way Agreement executed by the parties on March 10, 1986, shall remain and same are in full force and effect. 1 EXHIBIT `A" IN WITNESS WHEREOF,the City of Beaumont, Texas,has caused these present to be signed by its City Manager and the seal of the City to be herewith affixed by the City Clerk this the day of , 2013. Further, U.S. Telecom, Inc.,"Sprint", has caused this Agreement to be executed by its President. THE CITY OF BEAUMONT By: By: Kyle Hayes, City Manager ATTEST: ATTEST: City Clerk 2 FIRST AMENDMENT PUBLIC RIGHT-OF-WAY USE AGREEMENT THE STATE OF TEXAS § COUNTY OF JEFFERSON § WHEREAS, Ohmstede, LTD, and the City of Beaumont("City"), collectively referred to as the "Parties," executed a Public Right-of-Way Use Agreement on November 6,2002; and WHEREAS, the Parties desire to amend such Agreement, but only as noted below; NOW, THEREFOR: The Parties, for and in consideration of the receipt of good and valuable consideration, as set out more fully herein, agree to amend that certain Agreement executed by the Parties on November 6,2002, entitled"Public Right-of-Way" as follows: (a) Ohmstede,LTD, may lay, maintain, operate, replace or remove a fiber optic communication system(the"System") for the transportation of communications in, on,under,or across the streets,alleyways and easements as set forth and situated in the City of Beaumont, Jefferson County, Texas. (b) Pursuant to Paragraph (r) of the original November 6,2002, Agreement between Parties,by January 1, 2011,they were to negotiate a new annual fee per linear foot of fiber optic cable in the City right-of-way. The original rate, which is in effect until December 31,2011,is$1.35 per linear foot and the new rate shall be$1.75 per linear foot, effective January 1, 2014. The new rate shall be effective until December 31, 2015. Ohmstede,LTD shall have the option to renew the Agreement for the period from January 1, 2016 until December 31, 2017. (c) All provisions of the original Right-of-Way Agreement executed by the parties on November 6,2002, shall remain and same are in full force and effect. IN WITNESS WHEREOF,the City of Beaumont, Texas, has caused these present to be signed by its City Manager and the seal of the City to be herewith affixed by the City Clerk this the day of , 2013. Further, Ohmstede, LTD,has caused this Agreement to be executed by its President. 1 EXHIBIT "B" THE CITY OF BEAUMONT By: By: Kyle Hayes, City Manager Ohmstede, LTD ATTEST: ATTEST: City Clerk 2 FIRST AMENDMENT PUBLIC RIGHT-OF-WAY USE AGREEMENT THE STATE OF TEXAS § COUNTY OF JEFFERSON § WHEREAS, Baptist Hospitals of Southeast Texas, and the City of Beaumont ("City"), collectively referred to as the "Parties," executed a Public Right-of-Way Use Agreement on September 21,2000; and WHEREAS, the Parties desire to amend such Agreement, but only as noted below; NOW, THEREFOR: The Parties, for and in consideration of the receipt of good and valuable consideration, as set out more fully herein, agree to amend that certain Agreement executed by the Parties on September 21,2000, entitled"Public Right-of-Way" as follows: (a) Baptist Hospitals of Southeast Texas, may lay, maintain, operate, replace or remove a fiber optic communication system(the"System")for the transportation of communications in, on,under,or across the streets, alleyways and easements as set forth and situated in the City of Beaumont, Jefferson County, Texas. (b) Pursuant to Paragraph(q)of the original September 21,2000,Agreement between Parties, by January 1, 2011,they were to negotiate a new annual fee per linear foot of fiber optic cable in the City right-of-way. The original rate, which is in effect until December 31,2011,is$1.35 per linear foot and the new rate shall be$1.75 per linear foot, effective January 1, 2014. The new rate shall be effective until December 31,2015.Baptist Hospitals of Southeast Texas shall have the option to renew the Agreement for the period from January 1,2016 until December 31,2017. (c) All provisions of the original Right-of-Way Agreement executed by the parties on September 21,2000, shall remain and same are in full force and effect. IN WITNESS WHEREOF, the City of Beaumont, Texas,has caused these present to be signed by its City Manager and the seal of the City to be herewith affixed by the City Clerk this the day of , 2013. Further, Baptist Hospitals of Southeast Texas, has caused this Agreement to be executed by its President. 1 EXHIBIT "C" THE CITY OF BEAUMONT By: By: Kyle Hayes, City Manager Baptist Hospitals ATTEST: ATTEST: City Clerk 2 FIRST AMENDMENT PUBLIC RIGHT-OF-WAY USE AGREEMENT THE STATE OF TEXAS § COUNTY OF JEFFERSON § WHEREAS, Caliber Solutions, and the City of Beaumont ("City"), collectively referred to as the "Parties," executed a Public Right-of-Way Use Agreement on September 12,2012; and WHEREAS,the Parties desire to amend such Agreement, but only as noted below; NOW, THEREFOR: The Parties, for and in consideration of the receipt of good and valuable consideration, as set out more fully herein, agree to amend that certain Agreement executed by the Parties on September 12,2012, entitled"Public Right-of-Way" as follows: (a) Caliber Solutions, may lay, maintain, operate,replace or remove a fiber optic communication system(the"System")for the transportation of communications in, on,under,or across the streets,alleyways and easements as set forth and situated in the City of Beaumont, Jefferson County, Texas. (b) Pursuant to Paragraph(r) of the original September 12,2012, Agreement between Parties,by January 1, 2011,they were to negotiate a new annual fee per linear foot of fiber optic cable in the City right-of-way. The original rate, which is in effect until December 31,2011,is$1.35 per linear foot and the new rate shall be$1.75 per linear foot, effective January 1, 2014. The new rate shall be effective until December 31, 2015. Caliber Solutions shall have the option to renew the Agreement for the period from January 1, 2016 until December 31, 2017. (c) All provisions of the original Right-of-Way Agreement executed by the parties on September 12,2012, shall remain and same are in full force and effect. IN WITNESS WHEREOF, the City of Beaumont, Texas,has caused these present to be signed by its City Manager and the seal of the City to be herewith affixed by the City Clerk this the day of , 2013. Further, Caliber Solutions,has caused this Agreement to be executed by its President. 1 EXHIBIT "D" THE CITY OF BEAUMONT By: By: Kyle Hayes, City Manager ATTEST: ATTEST: City Clerk 2 FIRST AMENDMENT PUBLIC RIGHT-OF-WAY USE AGREEMENT THE STATE OF TEXAS § COUNTY OF JEFFERSON § WHEREAS, Qwest Communications Corporation, and the City of Beaumont ("City"), collectively referred to as the "Parties," executed a Public Right-of-Way Use Agreement on February 9, 1999; and WHEREAS,the Parties desire to amend such Agreement, but only as noted below; NOW, THEREFOR: The Parties, for and in consideration of the receipt of good and valuable consideration, as set out more fully herein, agree to amend that certain Agreement executed by the Parties on February 9, 1999, entitled "Public Right-of-Way" as follows: (a) Qwest Communications Corporation, may lay, maintain, operate, replace or remove a fiber optic communication system(the"System")for the transportation of communications in, on,under, or across the streets,alleyways and easements as set forth and situated in the City of Beaumont, Jefferson County, Texas. (b) Pursuant to Paragraph (q)of the original February 9, 1999, Agreement between Parties, by January 1, 2011,they were to negotiate a new annual fee per linear foot of fiber optic cable in the City right-of-way. The original rate, which is in effect until December 31,2011,is$1.35 per linear foot and the new rate shall be$1.75 per linear foot, effective January 1, 2014. The new rate shall be effective until December 31, 2015. Qwest Communications Corporation shall have the option to renew the Agreement for the period from January 1, 2016 until December 31, 2017. (c) All provisions of the original Right-of-Way Agreement executed by the parties on February 9, 1999, shall remain and same are in full force and effect. (d) This amendment shall be applicable to any Public Use Right-of-Way Agreements that have been assumed by Qwest Communications Corporation. 1 EXHIBIT "E" IN WITNESS WHEREOF,the City of Beaumont, Texas, has caused these present to be signed by its City Manager and the seal of the City to be herewith affixed by the City Clerk this the day of , 2013. Further, Qwest Communications Corporation, has caused this Agreement to be executed by its President. THE CITY OF BEAUMONT By: By: Kyle Hayes, City Manager ATTEST: ATTEST: City Clerk 2 SECOND AMENDMENT PUBLIC RIGHT-OF-WAY USE AGREEMENT THE STATE OF TEXAS § COUNTY OF JEFFERSON § WHEREAS, CenturyTel Fiber Company II, LLC, "LightCore", and the City of Beaumont ("City"), collectively referred to as the "Parties," executed a Public Right-of-Way Use Agreement on October 24,2005; and Was amended, in part, on November 29, 2011; and WHEREAS,the Parties desire to amend such Agreement and the First Amendment Public Right-of-Way Agreement, but only as noted below; NOW, THEREFOR: The Parties, for and in consideration of the receipt of good and valuable consideration, as set out more fully herein, agree to amend that certain Agreement executed by the Parties on October 24,2005, entitled "Public Right-of-Way Use Agreement' and Amendment to Public Right-of-Way Use Agreement(hereafter"First Amendment') as follows: (a) CenturyTel Fiber Company II,LLC, "LightCore",may lay, maintain, operate, replace or remove a fiber optic communication system(the "System") for the transportation of communications in,on,under,or across the streets,alleyways and easements as set forth and situated in the City of Beaumont,Jefferson County, Texas. (b) Pursuant to Paragraph(r) of the original October 24,2005, Agreement between Parties,by January 1, 2011, they were to negotiate a new annual fee per linear foot of fiber optic cable in the City right-of-way. The original rate, which is in effect until December 31,2011,is$1.3 5 per linear foot and the new rate shall be$1.75 per linear foot, effective January 1, 2014. The new rate shall be effective until December 31, 2015. CenturyTel Fiber Company II,LLC, "LightCore" shall have the option to renew the Agreement for the period from January 1, 2016 until December 31, 2017. (c) All provisions of the original Right-of-Way Agreement executed by the parties on October 24,2005, shall remain and same are in full force and effect. 1 EXHIBIT "F" (d) This amendment shall also be applicable to the Right-Way-Agreement between Parties executed on June 28,2004 via City Council resolution 04-132 and amended, in part, on September 15,2004 via City Council resolution 04-190. IN WITNESS WHEREOF,the City of Beaumont, Texas, has caused these present to be signed by its City Manager and the seal of the City to be herewith affixed by the City Clerk this the day of , 2013. Further, CenturyTel Fiber Company II, LLC, "LightCore", has caused this Agreement to be executed by its President. THE CITY OF BEAUMONT By: By: Kyle Hayes, City Manager ATTEST: ATTEST: City Clerk 2 FOURTH AMENDMENT PUBLIC RIGHT-OF-WAY USE AGREEMENT THE STATE OF TEXAS § COUNTY OF JEFFERSON § WHEREAS, Network USA, LLC, and the City of Beaumont ("City"), collectively referred to as the "Parties," executed a Public Right-of-Way Use Agreement on September 20, 2005; and Was amended, in part, on November 18, 2010, March 19,2013, and on June 4, 2013; and WHEREAS, the Parties desire to amend such Agreement, the First Amendment, the Second Amendment and the Third Amendment Public Right-of-Way Agreements, but only as noted below; NOW, THEREFOR: The Parties, for and in consideration of the receipt of good and valuable consideration, as set out more fully herein, agree to amend that certain Agreement executed by the Parties on September 20,2005, entitled"Public Right-of-Way" and First Amendment Public Right-of-Way Use Agreement, Second Amendment Public Right-of-Way Use Agreement, and Third Amendment Public Right-of-Way Use Agreement(hereafter"First Amendment," "Second Amendment"and"Third Amendment") as follows: (a) Network USA, LLC, may lay,maintain, operate, replace or remove a fiber optic communication system(the"System")for the transportation of communications in, on, under, or across the streets, alleyways and easements as set and situated in the City of Beaumont, Jefferson County, Texas. (b) Pursuant to Paragraph(r) of the original September 20,2005,Agreement between Parties,by January 1, 2011,they were to negotiate a new annual fee per linear foot of fiber optic cable in the City right-of-way. The original rate, which is in effect until December 31,2011,is$1.35 per linear foot and the new rate shall be$1.75 per linear foot, effective January 1, 2014. The new rate shall be effective until December 31, 2015. Network USA,LLC shall have the option to renew the Agreement for the period from January 1, 2016 until December 31, 2017. 1 EXHIBIT "G" (c) All provisions of the original Right-of-Way Agreement executed by the parties on September 20,2005, and First Amendment on November 18, 2010, and Second Amendment on March 19, 2013 and Third Amendment on June 4, 2013 shall remain and same are in full force and effect. IN WITNESS WHEREOF, the City of Beaumont, Texas, has caused these present to be signed by its City Manager and the seal of the City to be herewith affixed by the City Clerk this the day of , 2013. Further, Network USA, LLC, has caused this Agreement to be executed by its President, James R. Davis . THE CITY OF BEAUMONT By: By: Kyle Hayes, City Manager James R. Davis, President ATTEST: ATTEST: City Clerk 2 C RICH WITH OPPORTUNITY BEAUMO'K* T • B • X • A • s City Council Agenda Item TO: City Council FROM: Kyle Hayes,City Manager PREPARED BY: Patrick Donart:Public Works Director MEETING DATE: July 23,2013 REQUESTED ACTION: Council consider a resolution authorizing the acceptance of property at 1430 Madison Avenue for the Madison Street Project BACKGROUND As part of the Madison Street Project,a portion of property is needed for the project. The property is needed for the increased turning radius required by large truck traffic to safely make right turns from Madison Street onto Sycamore Street. Brystar Contracting completed the work necessary for the turn and the project was presented to and accepted by City Council on July 16, 2013. The owner of the property listed below,has agreed to donate its property to the City: Owner: ExxonMobil Oil Corporation Description: 0.0148 acre Tract or Parcel of Land Out of and Part of Lots 10 and 11,Block 13,Oakwood Addition Location: 1430 Madison Avenue Southwest Corner of Madison Avenue&Sycamore Street FUNDING SOURCE Not Applicable. RECOMMENDATION Approval of resolution. RESOLUTION NO. WHEREAS, ExxonMobil Oil Corporation, has agreed to donate property located at 1430 Madison Avenue, as described in Exhibit "A" and shown on Exhibit "B," attached hereto, to the City of Beaumont for the Madison Street Project and, WHEREAS, the City Council has considered the donation of said tract and is of the opinion that the delivery and receipt of said tract 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 donation of the above described property donated by ExxonMobil Oil Corporation is hereby in all things accepted. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 23rd day of July, 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, EXXONMOBIL OIL CORPORATION, a New York 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, to it in hand paid by the City of Beaumont, a municipal corporation, domiciled in Jefferson County, Texas, hereinafter called GRANTEE, for the conveyance of the hereinafter described property, the receipt and sufficiency of which is hereby acknowledged and confessed, has GRANTED, SOLD and CONVEYED, subject to the reservations and exceptions hereinafter made, and by these presents does GRANT, SELL and CONVEY unto the said CITY OF BEAUMONT, P. O. Box 3827, Beaumont, Texas 77704, and to its successors and assigns forever the property described in Exhibit "A & B", attached hereto and made apart hereof for all purposes. GRANTOR does hereby except and reserve from this conveyance unto herself, her successors and assigns, forever, all of the oil, gas, and sulphur in and under the land herein conveyed but waives all rights of ingress and egress to the surface thereof for the purpose of exploring, developing,mining or drilling for same. This conveyance is expressly made subject to all zoning laws and to restrictions, covenants, conditions, easements and mineral and/or royalty reservations, if any, effecting the property. TO HAVE AND TO HOLD the above described premises together with all and EXHIBIT "A" singular the rights and appurtenances thereto and in any wise belonging, unto the said GRANTEE and GRANTEE'S successors and assigns, forever; and said GRANTOR binds herself and her successors and assigns to warrant and forever defend all and singular the said premises unto the said GRANTEE and GRANTEE'S successors or assigns, against every person lawfully claiming or to claim all or any part of the property, subject to the provisions stated above, when the claim is by, through, or under GRANTOR but not otherwise. EXECUTED this the day of , 2013. EXXONMOBIL OIL CORPORATION, a New York Corporation By: Name: Title: ACKNOWLEDGMENT STATE OF TEXAS COUNTY OF The foregoing instrument was acknowledged before me this day of , 2013 by , as of EXXONMOBIL OIL CORPORATION, a New York Corporation, known to me to be the person and officer whose name is subscribed to the foregoing instrument and acknowledged to me that the same was the act on behalf of said EXXONMOBIL OIL CORPORATION, that he executed the same for the purpose and consideration expressed and in the capacity stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE,this day of , 2013. Notary Public Print Name: RETURN TO:City of Beaumont c/o Antoinette Hardy P. O. Box 3827 Beaumont, TX 77704 EXHIBIT "A" Legal Description: 0.0148 Acre Tract or Parcel of Land Out of and Part of Lots 10 and 11,Block 13 Oakwood Addition Volume 4,Page 67,Map Records David Brown Survey, Abstract No. 5 Beaumont,Jefferson County,Texas BEING a 0.0148 acre tract or parcel of land situated in the David Brown Survey,Abstract No. 5, Jefferson County, Texas and being out of and part of Lots 10 and 11, Block 13 of Oakwood Addition, a subdivision of the City of Beaumont, Jefferson County;Texas, according to the plat thereof recorded in Volume 4, Page 67, Map Records, Jefferson County, Texas and being out and part of that certain tract of land being called the North One Hundred feet of Lot Number Eleven and the North One Hundred feet of the East Forty-Eight and Seventeen One-hundreths feet of Lot Ten(N. 100' of 1 I and N. 100'of E. 48.17' of 10) in Block Number Thirteen(13)of Oakwood Addition as described in a"General Warranty Deed" from Eva Batiste to ExxonMobil Oil Corporation as recorded in Clerk`s File No. 2013015100, Official Public Records of Real Property, Jefferson County, Texas, said 0.0148 acre tract being more particularly described as follows: NOTE.: All bearings are based on the assumed bearing of NORTH 90°00'00" EAST referenced to the South right-of-way line of Madison Avenue. COMMENCING at a 1/2" iron rod found for the Southeast comer of the said ExxonMobil Oil Corporation tract, said corner being in the East line of the said Lot 11 and the West right-of-way line of Sycamore Street(based on a width of 60 feet); THENCE NORTH 00°13'40" WEST, along and with the East line of the said Lot I1 and the West right-of-way line of Sycamore Street, for a distance of 45.46 feet to a 5/8" iron rod with an aluminum cap stamped "City of Beaumont R.O.W. Monument" set for the most Southerly corner and the POINT OF BEGINNING of the tract herein described, said corner also being the beginning of a curve turning to the left having a radius of 55.00 feet and being subtended by a chord bearing NORTH 45 006'50" WEST with a chord length of 77.63 feet; THENCE NORTHWESTERLY, along and with said curve and the proposed right-of-way of Madison Avenue and over and across the said Lot I 1 and 10, for an arc length of 86.18 feet to an 5/8" iron rod with a aluminum cap stamped "City of Beaumont R.O.W. Monument" set for comer, said comer being in the North line of the said Lot 10 and the South right-of-way line of Madison Avenue(based on a width of 60 feet); THENCE NORTH 90 000'00" EAST, along and with the existing South right-of-way line of Madison Avenue and the North line of the said Lot 10, passing at a distance of 2.98 feet a 1/2" iron pipe found for the Northeast corner of the said Lot 10 and the Northwest corner of the said Lot 11, and continuing along and with the existing South right-of-way line of Madison Avenue and the North line of the said Lot 1 I for a total distance of 54.78 feet to a point for corner, said comer being the Northeast corner of the said Lot I I and the intersection of the existing South right-of-way line of Madison Avenue and the existing West right-of-way line of Sycamore Street; EXHBIT"A" PaeIof2 HARK W 9711'TELEYAND ASSOCIATES,INC THENCE SOUTH 00°13'40" EAST, along and with the East line of the said Lot 11 and the existing West right-of-way line of Sycamore Street, for a distance of 54.78 feet to the POINT OF BEGINNING and containing 0.0148 Acres,more or less. Surveyed on July 12,2013. This legal description is being submitted along with a plat based on this survey(see EXHIBIT"B"). OF .• YF q co .e p..MPN Thomas S. Rowe, RPLS No. 5728 •"' " 5128 ��4 <•:90� 58'a tea► ,,. W'12013113fi1 8V13-618m&b.doc U EXHBIT"A" Page 2 of 2 AIARK W. NU/tTELEPANDAV50CIATES,INC. CURVE RADIUS ARC LENGTH CHORD LENGTH CHORD BEARING DELTA ANGLE C 1 55.00' 86.18' 77.63' IN 45'06'49.8' W 89'46'20' MADISON AVENUE REFERENCE BEARING ASSUMED (60' ROW) (=51.80 (CALL 300.00') FND N90'00'00'E 51.80' FND N90'00'00"E 300.13' SET 5/8'Y � CORNER 1. ROD L1 FND 5/8' L ROD CORNER I FND N90'00'00'E DPIi�E• ti�6� 2.98' FND 0.0148 vol 5 015 6'a Vol 9 �o �'� ACRES '' x vol a �m I p0B F o N. 100' OF LOT 11 k g� 5//8" H ° ,° N. 100'' OF THE E. 48.17' OF 10 L R15D �'a o BLOCK 13 EXXONMOBIL OIL CORPORATION g N CF NO. 2013015100 4; ti OPRJC vol E- ' I w o Poc FND ,,2. co I. D ^g { � � U "+ N i S. 40' OF LOT 11, S 40' OF THE j E 48.17' & 100FT OF LOT 10 CAPITAL ENTERPRISE, D64 MRS. SHANNON DENARD CF NO. 2011010170 OPRJC �T lam ALL SET 518"IRON RODS SET WITH AN ALUMINUM THIS SURVEY WAS PERFORMED ° CAP STAMPED Y OF BEAUMONT R.O.W. MONUMENT" WITHOUT BENEFIT OF CURRENT Z CIT TITLE COMMITMENT. 4 EXISTING AKING RF464IN/NG BOUNDARY SURVEY ONLY, ACRES ACRES ACRES EASEMENTS IF ANY NOT RESEARCHED OR SHOWTI, 0.2300 0.0148 0.2152 WITH THE EXCEPTION OF THOSE PLATTED. FU LTON AVENUE LINE BEARING DISTANC (60' ROW) L 1 N 90'00 00 E 54.78 L2 S 00'13 39 E 54.78 FND 1/2" TO THE OWNERS OF THE PREMISES SURVEYED I. ROOD AS OF THE DATE OF THE SURVEY COL r D0 HEREBY COW THAT THIS SURVEY WbtS TIES DAY E HIB IT "E" I POWN IHE 3711 ACE OF THE=UND OF n E PROPERTY LO ALLY LY Df5CRr8ED HEREON AND CORRECRY RU WESENTS THE FACTS FOUND AT THE TIME REFER TO EXHIBIT A" OF THE SURVEY. FOR LEGAL DESCRIPTION DATE SURVEYED• JUtY 12, 2013 'OF P� or•° �R PARCEL PLAT SNOWING' ...:« 0.0148 ACRE TRACT OR PARCEL OF LAND DAVID BROWN SURVEY, ABSTRACT NO. 5 q p+! JEFFERSON COUNTY, TEXAS N ash SCALE I'= 30' JULY 2013 THOMAS S. WK - WGWTERED PRn=NAL MMQMEOW-5728 JOB# W.•\201J\13-618\ 13-618.DK\aF EXHIBIT "B" RICH WITS OtrOATONITT Blfu EAURO,N* T * 9 * X * A * REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS JULY 23,2013 1:30 P.M. AGENDA CALL TO ORDER * Invocation Pledge Roll Call * Presentations and Recognition * Public Comment: Persons may speak on scheduled agenda item No. 5/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 or a more restrictive district, and a specific use permit for a tree service facility at 6640 Concord Road 2. Consider an ordinance approving a specific use permit to allow construction of a cellular telecommunications tower in a GC-MD (General Commercial-Multiple Family Dwelling)District at 2120 Sabine Pass Avenue 3. Consider an ordinance approving a specific use permit to allow an office and manager's living area in an RCR(Residential Conservation and Revitalization) District at 1616 Sabine Pass Avenue 4. Consider an ordinance approving a specific use permit to allow an eating and drinking place to be located in an existing unoccupied building in a GC-MD (General Commercial-Multiple Family Dwelling)District at 7150 Eastex Freeway 5. Consider rescinding Resolution Number 13-117 and approve a new resolution authorizing the City Manager to enter into a contract with Spindletop Housing Corporation WORK SESSION * Review and discuss increasing various fees at the Henry Homberg Golf Course COMMENTS * Councilmembers/City Manager comment on various matters * Public Comment(Persons are limited to 3 minutes) Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact Mitchell Normand at 880-3777 three days prior to the meeting. 1 July 23,2013 Consider an ordinance approving a zone change from RS (Residential Single Family Dwelling) District to GC-MD(General Commercial-Multiple Family Dwelling)District or a more restrictive district, and a specific use permit for a tree service facility at 6640 Concord Road RICH WITH OPPORTUNITY REAUMDN* T • E • X • A • s City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Chris Boone, Community Development Director MEETING DATE: July 23, 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 or a more restrictive district, and a specific use permit for a tree service facility at 6640 Concord Road. BACKGROUND Charles W. Morris has applied for a zone change and specific use permit. Concord Road is currently under construction for expansion. This site is in a transitional area of the City. The property is located to the north and east of Concord. Across the street is a large commercial operation, and the parcel to the south and east of the site was rezoned relatively recently to allow for commercial uses. With the expansion of Concord Road,the trend for properties in the area is going to continue to be towards commercial type uses. Mr. Morris has indicated that he will construct a fence and install landscaping as a buffer to adjacent high-density residential uses in the area, and will construct parking for the site in accordance with Transportation Division requirements. Mr. Morris applied for a zone change back in 2000. That request was denied by the City Council. Given the continued commercialization of this area, Mr. Morris is making this request again. At a Joint Public Hearing held July 15, 2013,the Planning Commission recommended 7:0 to approve a zone change from RS (Residential Single Family Dwelling)District to GC-MD (General Commercial-Multiple Family Dwelling)District and a specific use permit for a tree service facility at 6640 Concord Road. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of ordinance. Environmental Tree Service 6640 Concord Rd. Beaumont,Texas 77708 409-898-4576 To Whom This May Concern, Please .consider my request to re-zone my property in order to run a business without violating zoning ordinances.The proposed uses and activities for the property will be Tree Care and Firewood business. I also will be parking our Commercial equipment at proposed site.There will be fencing and Landscaping around outside of property as well. Please,consider my request for re-zoning my property to GC-MD w/specific use for my Tree Care Service. Thank you, Certified Arborist Charles W. MO Environmental Tree Service 6640 Concord Rd. Beaumont,Texas 77708 409-898-4576 8—Zoning Ordinance Requirements 1. The Specific use of the property will be to park commercial vehicles and run a Tree Service. It will not impair any surrounding property value. 2. The normal and everyday Business directives will be operated in a professional and orderly manner as to not impede the development of surrounding vacant property. 3&4. If needed,there will be adequate lights and extra entrances and exits added to existing property in the future.As of now it is not needed. S.All debri associated with the Tree Service will be kept inside proposed fences. 6.Any lights added to property will be directed toward the property. 7.There will be shrubbery planted along edge of fence for screening and buffers. 8.All buildings and areas proposed for development is on site plan. -- - PROPOSED 10' HIGH SOLID WOOD 183.41 . __..-_-' - - ___ _---_____/_. ' FENCE WITH WAXLEAF LUGUSTRUME PLANTED AT ALL PROPERTY LINES 50M, 30'X30'WOOo j WITH NEW WOODEN GATE AT EXISTING ABANDONED RAIL ROAD R 0.W i STORAGE AREA j 1 DRIVEWAY o 24' 24' �L Y 1 O 'O 9 i go EXISTING EXISTING N 10 X 20 S'T'ORAGE, � !� -° --_.__� - 9' - 1 52' i � 9` - _ ---�- , 22.5' 76.67, 106.87' - p o ' 14% - ' '�00', cS�', � He PARKING 6.78► y PER CITY CODE -__ ----->;__-___ _ '--- Wl SIGN 222.67' EXISTING SFD — - -- - EXISTING CULVERTS AT EXISTING DRIVWWAY LEGAL PLAT RS1 TRACT 64C OWNER: THOMAS SPEAR MR & MRS CHUCK MORRIS SITE PLAN ABSTRACT 50 BMT. 6640 CONCORD ROAD SCALE====1 "=========30' JEFERSON COUNTY BEAUMONT, TEXAS TEXAS 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 OR MORE RESTRICTIVE DISTRICT FOR PROPERTY LOCATED AT 6640 CONCORD ROAD, BEAUMONT, JEFFERSON COUNTY, TEXAS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That Chapter 28 of the Code of Ordinances of Beaumont, Texas, and in particular the boundaries of the zoning districts, as indicated upon the Zoning Map of the City of Beaumont, referred to in Section 28.01.005(b)thereof, is hereby amended by changing the zoning of property presently zoned RS (Residential Single Family Dwelling) District to GC- MD (General Commercial-Multiple Family Dwelling) District or more restrictive district for property located at 6640 Concord Road, being Tract 64-C, Plat RS-1 of the Thomas Spear Survey AB-40, City of Beaumont, Jefferson County, Texas, containing 1.009 acres, more or less, as shown on Exhibit "A," attached hereto, and the official zoning map of the City of Beaumont is hereby amended to reflect such changes. Section 2. That, in all other respects, the use of the property herein above described shall be subject to all of the applicable regulations of the underlying zoning district as well as those regulations contained in Chapter 28 of the Code of Ordinances of Beaumont, Texas, as amended. 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 23rd day of July, 2013. - Mayor Becky Ames - File 2175-Z/P: 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, and a specific permit for a tree service facility. Location: 6640 Concord Road Applicant: Charles W. Morris 0 100 200 I I I Feet Legend R-S, ® 2175ZP RM-M i G2 G►2 GC-M R-S HWY 105 j GC- D tiro RM-H G2 C-M \> R-S, G� I GC-MD ;i GC-MD / GC-MD EXHIBIT "A" ORDINANCE NO. ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A TREE SERVICE FACILITY IN A GC- MD (GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING) DISTRICT AT 6640 CONCORD ROAD IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS, Charles W. Morris has applied for a specific use permit to allow a tree service facility in a GC-MD(General Commercial-Multiple Family Dwelling)District at 6640 Concord Road, being Tract 64-C, Plat RS-1 of the Thomas Spear Survey AB-40, City of Beaumont, Jefferson County, Texas, containing 1.009 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 tree service facility in a GC-MD (General Commercial-Multiple Family Dwelling) District at 6640 Concord Road; and, WHEREAS, the City Council is of the opinion that the issuance of such specific use permit is in the best interest of the City of Beaumont and its citizens; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this ordinance are hereby, in all things, approved and adopted; and, Section 1. That a specific use permit to allow a tree service facility in a GC-MD (General Commercial-Multiple Family Dwelling) District at 6640 Concord Road, being Tract 64-C, Plat RS-1 of the Thomas Spear Survey AB-40,City of Beaumont,Jefferson County,Texas, containing 1.009 acres, more or less, as shown on Exhibit"A," attached hereto, is hereby granted to Charles W. Morris, his legal representatives,successors and assigns,as shown on Exhibit "B," attached hereto and made a part hereof for all purposes. Section 2. That the specific use permit herein granted is expressly issued for and in accordance with each particular and detail of the site plan attached hereto as Exhibit"B," attached hereto and made a part hereof for all purposes. Section 3. Notwithstanding the site plan attached hereto,the use of the property herein above described shall be in all other respects subject to all of the applicable regulations contained in Chapter 28 of the Code of Ordinances of Beaumont, Texas, as amended, as well as comply with any and all federal, state and local statutes, regulations or ordinances which may apply. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 23rd day of July, 2013. - Mayor Becky Ames - File 2175-Z/P: 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, and a specific permit for a tree service facility. Location: 6640 Concord Road Applicant: Charles W. Morris - 0 100 200 I t i Feet R-S� Legend ® 2175ZP RM-M G2 G2 GCA R-S HWY 105 / GC= T- D RM-H G2 CA NCO I / R-S I G° GC-MD / GC-MD MD EXHIBIT EXHIBIT "A" - - - PROPOSED 10' HIGH SOLID WOOD 1 $3.41 FENCE WITH WAXLEAF LUGUSTRUME - i - i PLANTED AT ALL PROPERTY LINES 'ABdNDDNEDRAILROAD t flA,N, { 30'X30'w000 WITH NEW WOODEN GATE AT EXISTING �— STORAGE AREA DRIVEWAY 0 24' t , da jtO 0' 0 co �'o Al � >+' EXISTING ' —fit `y T' EXISTING �, 2 _ Cpl 10 X 20 STORAGE, � -- 1 52 m 91 - -_ L F m_ 22.5' 76.67,' �. w 106.87' 1 HC PARKING)1300 , P " GI - CODE` SIGN 222.67' EXISTING SFD -- EXISTING CULVERTS AT EXISTING DRIVWWAY - _=� -_---- --._--- - LEGAL PLAT RS1 TRACT 64C OWNER: THOMAS SPEAR MR & MRS CHUCK MORRIS SITE PLAN ABSTRACT 50 BMT. 6640 CONCORD ROAD SCALE==--1 "====_ =30' JEFERSON COUNTY BEAUMONT, TEXAS TEXAS 2 July 23,2013 Consider an ordinance approving a specific use permit to allow construction of a cellular telecommunications tower in a GC-MD(General Commercial-Multiple Family Dwelling)District at 2120 Sabine Pass Avenue RICH WITH OPPORTUNITY BEAUMON* T • E • X • A • S City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Chris Boone, Community Development Director MEETING DATE: July 23, 2013 REQUESTED ACTION: Council consider an ordinance approving a specific use permit to allow construction of a cellular telecommunications tower in a GC-MD (General Commercial-Multiple Family Dwelling) District at 2120 Sabine Pass Avenue. BACKGROUND Cody Cogdill, on behalf of Verizon Wireless, Inc. has applied for a specific use permit. The cellular telecommunications tower would have a significant impact on cell service and coverage in the area, including downtown and the port and nearby industrial areas. These areas have heavy usage,particularly with data usage, and this is expected to increase. The proposed lease area for the construction of the cellular telecommunications tower is too close to residentially zoned property. The ordinance states: Cellular telephone transmission towers shall be prohibited within two hundred (200) feet of a residentially zoned property. The method of measuring the distance between the cellular telephone transmission tower and the residential zoning district shall be from the nearest lease or property line of the cellular telephone transmission tower facility to the nearest residential district boundary. (Chapter 28 Section 28.04.008 Special Conditions (b)(24). There is sufficient space on the property to locate the cellular telecommunicaitons tower within the 200' required distance. Staff is recommending that this layout be a condition of approval. At a Joint Public Hearing held July 15, 2013,the Planning Commission recommended 7:0 to approve a specific use permit to allow construction of a cellular telecommunications tower in a GC-MD (General Commercial Multiple Family Dwelling) District at 2120 Sabine Pass Avenue, subject to the following condition: 1. That the proposed lease property be situated on the site such that it does not come within 200' of the property line of any residential zone. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of ordinance subject to the following condition: 1. That the proposed lease property be situated on the site such that it does not come within 200' of the property line of any residential zone. Letter to the Planning Commission and City Council along with the 8 SUP Conditions for 2120 Sabine Pass Ave., Beaumont, TX 77701 See attached letter from Arun Kulkarni: 1. That the specific use will be compatible with and not injurious to the use and enjoyment of other property,or will significantly diminish or impair property values within the immediate vicinity; The proposed Cell Tower will NOT injure or reduce the enjoyment of the surrounding properties and nor will it significantly diminish or impair the property values with the immediate vicinity. The Cell Tower will add Verizon Wireless coverage for families that come to enjoy the Charlton-Pollard Park and could assist the small home base businesses In the area that uses the Verizon Wireless Data services. 2. That the establishment of the specific use will not impede the normal and orderly development and improvements of the surrounding vacant property; The proposed Cell Tower will NOT impede the normal orderly development and improvements of the surrounding property. It is our belief that the Cell Tower will assist in the development by adding additional safety for homes and small businesses that are moving away from home phones and DSL as to not have two separate phone or data services. In some cases the lack of having adequate cell coverage can be dangerous to the residents and emergency services. 3. That adequate utilities, access roads, drainage and necessary supporting facilities have been or will be provided; The Cell Site will not use anymore utilities than a normal house would. The facility will also use existing concrete drives for access and parking for cell techs to maintain the site. Current drainage will not be affected. 4. The design, location,and arrangements 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; Typical cell site maintenance will only require one to two cell techs at any given time and there is adequate parking provided as to not block existing sidewalks or streets. S. That adequate nuisance prevention measures have been or will be taken to prevent or control offensive odor,fumes, dust, noise and vibrations; There will be no offensive odors,fumes,dust,noise or vibrations from the Cell Tower. 6. That the directional lighting will be provided so as not to disturb or adversely affect neighboring properties; lighting at the facility will only be used if any service repairs are done at night and even then is it minimal. Lighting is directed at the equipment being worked on. 7. That there are sufficient landscaping and screening to insure harmony and compatibility with adjacent properties; Chain link fencing will be installed. 8. That the proposed use is in accordance with the Comprehensive Plan. This is in a Conservation and Revitalization area and would be in accordance with the Comprehensive Plan. Arun Kulkarni RF Engineer Verizon Wireless Houston,TX • Date:17th May 2013 This letter is to request construction of a Verizon cellular communication tower"DUNBAR-HGCE-TX" at 2120 Sabine Pass Ave Beaumont, TX for the purpose of 4G LTE coverage for the SE areas of Downtown Beaumont.This cell-site will enhance coverage for SML King Jr. Parkway,Washington Ave,Harbor Island, Smith Island and surrounding Industrial plants. This area has heavy data usage on the existing sites of Downtown Beaumont,Isabel and Forsythe.Adding the new tower Dunbar will alleviate the traffic on the existing site and provide greater quality of service for Verizon customers in the area. Thanks, Arun Kulkarni. 14123 Cicero Drive Houston,TX 77095 Tel:832-405-8781 ORDINANCE NO. ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW CONSTRUCTION OF A CELLULAR TELECOMMUNICATIONS TOWER IN A GC-MD (GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING) DISTRICT AT 2120 SABINE PASS AVENUE IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS, Verizon Wireless, Inc., by and through its representative Cody Cogdill, has applied for a specific use permit to allow construction of a cellular telecommunications tower in a GC-MD (General Commercial-Multiple Family Dwelling) District at 2120 Sabine Pass Avenue, being Lot 6, Block 2, of the Gray Addition, City of Beaumont, Jefferson County, Texas, containing 0.450 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 construction of a cellular telecommunications tower in a GC-MD (General Commercial- Multiple Family Dwelling) District at 2120 Sabine Pass Avenue, subject to the following condition: • That the proposed lease property be situated on the site such that it does not come within 200' of the property line of any residential zone. ;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 construction of a cellular telecommunications tower in a GC-MD (General Commercial-Multiple Family Dwelling) District at 2120 Sabine Pass Avenue, being Lot 6, Block 2, of the Gray Addition, City of Beaumont, Jefferson County, Texas, containing 0.450 acres, more or less, as shown on Exhibit "A," attached hereto, is hereby granted to Verizon Wireless, 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: • That the proposed lease property be situated on the site such that it does not come within 200' of the property line of any residential zone. 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 23rd day of July, 2013. - Mayor Becky Ames - File 2177-P: Request for a specific use permit to allow construction of a cell tower in a GC- N (General Commercial—Multiple-Family Dwelling) District. Location: 2120 Sabine Pass Avenue Applicant: Cody Cogdill, on behalf of Verizon Wireless 0 100 200 l I I Feet � — — � � Legend � RM-H I ® 2177P MCGOVERN S RCR-- CR � GC-MD - GC-MD RM-H M z z CA FREDERICK ST N z U3 Now v j z D M MARY ST N N -� GC-MD m G_ C-MD _------- _ M-H GC MD R LAWSON ST ---"--- NEICY ST GC--- -D- j I --RM-H j I I -- EXHIBIT "A" PIWA POYLR COORDINATION NOTES 30MANSULCT I, i"M l 3 PROPOSED 3'SCH. MA 40 PVC COT FROM TIE METER 4 RMWELL.DA3W6 DI%OMEGT M35T BE A MUUM4135 060W GRADE TO TURN 6n-Ii0.1325 UP AT THE BASE OF THE PROPOSED UTILITY POLE VERRON K5T NSTALL A SERVICE POLE RK ,AS HAWED ON fn THE DRAWN55,A KMKH OF 15'A6L. co + . ALL ABOVE 6RADE COHWT K5T BE%H.DO M. FREDERICK STREET STRAP 0)T Sr N 00 PVC,WCU1TS UP THE POLE KM A L 1.1, k"T ER HEAD. 3 EXSITNS TELGO ((60.R/W) CONTRACTOR TO INSTALL ALllMILM COMJLCTOR FROPI THE PEDESTAL LCO PETER BASE TO THE TOP OF TIE POLE YEA.nER HEAD NdJ LEAVE A 5'SERVICE LDOP. UTLtY POLE(Ti YP) � _- --_'1 I 1 I � PROP05EV 5'5CN 40 PVC A CONGWT FROM THE I£TER A I A tr EjU51JCUf'ILITOT'OLE 1 1 I i VBtIZ ALfF55/ I D I A M I It ' I 50'X 5O LEAEEZARREA I I PROPERTY L NE E(T IT P) I W S Q UT O T PROPOSED TL3.00 f,OI1G1.1T Rg11E TBD L°==`=-'= X I �I W 1 I It I J LU 1 BAR BUILDNK`�EfBA4K T- ^' 4' * � N �— I'ROP�12a 1 I MONOPOLE TOYER 1 I I GALLED PORTION OF LOT 3 i GALLED WEST b4 FEET OF LOT 3 I TO FLOYD BERRY 4 MFE,ANNIE E.BERRY I 111 I TO FLOYD BERRY 4 WBFE,AWE E DERRY BY OEHERAL MARRAHTY DEED W E BY EEWRAL PLARRANTY DEED G.F.NO.5120211 + "_ cf.N0.825331b1 OPPUG.T. ""�.�`• 0 OPR..L.G.T. I PEE of.... S I I I PM `PATR K W SHALL; °"'L DGG 6RAPHIG 5GALE5 4 `•! SF � � 30 O 30 5GALE: 1" = 30' OVERALL 51TE PLAN FIRM REC45TRATION a.13bN1 SCALE I' 50' • Approval of ordinance subject to the following condition: 1. That the proposed lease property be situated on the site such that it does not come within 200' of the property line of any residential zone. 3 July 23,2013 Consider an ordinance approving a specific use permit to allow an office and manager's living area in an RCR(Residential Conservation and Revitalization)District at 1616 Sabine Pass Avenue RICH WITH OPPORTUNITY [IEA,UMON* T • E • X • A • s City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Chris Boone, Community Development Director 6�CS MEETING DATE: July 23, 2013 REQUESTED ACTION: Council consider an ordinance approving a specific use permit to allow an office and manager's living area in an RCR (Residential Conservation and Revitalization) District at 1616 Sabine Pass Avenue. BACKGROUND Rosetta Jones, owner of Statewide Consolidated Community Development Corporation, Inc., has applied for a specific use permit. The proposed use is in a residential area and the building is currently unoccupied. The applicant requested a specific use permit in 2003,and an additional application was made in 2010.Both specific use permits are currently expired due to the fact that no certificate of occupancy was issued. The applicant has asked for a waiver of the fencing and landscaping buffer requirements. Staff feels that the fencing is an appropriate privacy and security buffer between the proposed use and other properties in the area and is recommending that this remain a condition of approval. The applicant has also requested that the rear structure be utilized as an apartment. However, accessory or garage apartments are a permitted as of right use in this zoning district,so no special permission is necessary. At a Joint Public Hearing held July 15, 2013, the Planning Commission recommended 7:0 to approve a specific use permit to allow an office and manager's living area in an RCR(Residential Conservation and Revitalization) District at 1616 Sabine Pass Avenue, subject to the following conditions: 1. That an 8' wood screening fence be installed along side and rear property lines. 2. That the owner work with the City's Transportation Division to determine adequate parking for the rear apartment and manager's living space. 3. In the future, if any business is to be run out of this location, the applicant must come back before the Commission for a separate specific use permit. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of ordinance subject to the following conditions: 1. That an 8' wood screening fence be installed along side and rear property lines. 2. That the owner work with the City's Transportation Division to determine adequate parking for the rear apartment and manager's living space. 3. In the future, if any business is to be run out of this location,the applicant must come back before the Commission for a separate specific use permit. STATEWIDE CONSOLIDATED C ITY DEVELOPMENT CORPORATION, INC. Peoy� HCOM PeoyV June 17, 2013 The Planning Commission of the City Council City of Beaumont 801 Main Street, Room 201 Beaumont, TX 77702 RE: WAIVER REQUEST TO SPECIFIC USE PERMIT FOR THE PROPERTY LOCATED AT 1616 SABINE PASS Dear Sir or Madam: This request is to ask for a waiver on items listed in the specific use permit issued at the meeting of November 02, 2010, City Council approved 2058-P subject to the following conditions: 1. An 8' wood screening fence must be installed along the north and west property lines of the lot at 1608 Sabine Pass 2. A 6' wide landscape strip must be installed along the parking lot frontage along Sabine Pass 3. Provide 19 parking spaces and with a modification to the landscape requirement along the north and west property lines of the lot at 1608 Sabine Pass (no landscape strip). A copy of ORDINANCE NO.10-088 is attached. A copy of the specific use permit is attached. On December 01, 2010, Statewide was issued a permit to renovate the building located1616 Sabine Pass to serve as an office and storage building for Statewide. P.O.Box 1008,Beaumont,Texas 77704 (409) 832-6161 FAX (409) 833-1166 Pager(409) 757-8086 Statewide Consolidated Community Development Corporation, Inc (Statewide) is a private non-profit, tax-exempt, charitable organization, which helps individual and families who are low and moderate income achieve the American Dream of homeownership and rental housing for Section 8 Tenants. Statewide also provides affordable housing for developmentally disabled individuals as well as employment. Since its inception in 1996, Statewide has administered approximately two million ($2,000,000) in HOME and CDBG funds contracted with the City of Beaumont. One of our purposes is to provide decent, safe, sanitary and affordable housing in the City of Beaumont for families of low and moderate income who otherwise would not be able to find or afford a suitable place to live. In 2006, using HUD grant funds, Statewide designed and constructed a 14 unit duplex housing facility of Lucas Street named Villa De Lucas, Inc. to provide subsidized housing for developmentally disabled individuals. Statewide is comprised of a minority female professional who aggressively seek solutions to the problems in their communities and have the ability to mobilize support and provide technical skills required for all types of community development activities. Statewide is driven by its vision of economically empowering community residents. Since Hurricanes Rita and Ike, Statewide has identified a class of people who are underserved in housing. Statewide is focus on improving the self-sufficiency status of the city's indigent resident, improving the community's housing conditions and the community's physical appearance. Statewide services are fundamentally necessary for disabled individuals to assist them in the procurement of a decent and safe place to live. Statewide is working closely with other non-profits whose clients are in serious need of affordable housing. These organizations include the Beaumont Housing Authority, Port Arthur Housing Authority, Orange Housing Authority, DETCOG in Jasper, Texas and Spindletop MHMR Services. Statewide will serve as the owner, developer, general contractor and property manager of this office/living unit and storage building. This facility will utilize the property that is legally described as 0.46 ACRES OT OF THE DAVID BROWN SURVEY ABST S, PLAT Q and located at 1616 Sabine Pass. The facility will be used to provide a new office with managers living quarters. The facility will also be used as storage for items needed for rental properties such as refrigerators, stoves, AC units, flooring windows and left over items used for repairs. This SUP request is to amend the previous SUP referenced herein as follows: 1. Waive the previous SUP requirement which states the facility will be used to provide a new office for Statewide, to read a new office with managers living quarter. 2. Waive the previous SUP requirement which included a vacant adjacent lot described as THE DAVID BROWN SURVEY ABST 4, PLAT Q located at 1608 Sabine Pass for 19 parking spaces; to read delete requirement for use of 1608 Sabine Pass, a vacant lot for 19 parking spaces. Sufficient parking is located in the rear of the building for both proposed living units. 3. Waive the previous SUP requirement which included an eight foot tall wood screening fence installed along the north and west property lines of 1608 Sabine Pass to read no additional parking is required since the building will be used for storage and living quarters. Four parking spaces are located at the rear of the building. Currently there is only one resident in the 1600 block of Sabine Pass and the lot located at 1608 Sabine Pass separates the 1616 Sabine Pass property from the resident. The west property line of the property butts up to another vacant lot. 4. Statewide is requesting that the new SUP includes the building in the rear of the property be granted approval to be used as a rental property to provide affordable housing. This property is located in the rear of 1616 Sabine Pass with adequate parking for both housing units. The office building has been renovated under the previous SUP. However, this space will be upgraded to include a kitchen. The bathroom was installed to code under the previous SUP. The new SUP will upgrade the bathroom to include a tub with a shower. The front of the office building will be beautifully landscaped with shrubbery on a manicured lawn and its appearance will enhance surrounding properties. Under the previous SUP, Statewide met its goal to transition this building to provide a well kept office facility that will promote new revitalization efforts to improve and develop vacant properties in the area. Statewide will provide sufficient parking in scope for the two housing units located on the property. The building interior will include newly constructed restroom intended to meet ADA specifications. Railing and hand bars will be strategically place to enhance the mobility. Presently, sufficient road access to the property exists and has favorable road conditions along Sabine Pass. Drainage in the area is good and availability of sufficient gas and electrical utilities exists. Precautions regarding parking, safety, driveway location, building position and traffic movement were considered in the site plan design.and have been favorable detailed. Statewide intends to ensure sufficient drainage of the property. The building design currently include a side driveway to get to the parking area in the rear of the main building. From the previous SUP, the building has been equipped with lighting for the parking area that is not a hindrance or nuisance to the neighborhood but will enhance security of the parking lot as well as the remainder of the property. The buildings will not house any flammable materials. An attached copy of the referenced SUP has been attached for your convenience. Sincerely submitted, Ro etta President Attachments: STATEWIDE CONSOLIDATED COMMUNITY INC. °Peoyk Hein&Peoyle- June 21, 2013 City of Beaumont Planning Division 801 Main Street, Suite 201 Beaumont, TX 77701 RE: WAIVER FOR SPECIFIC US PERMIT ISSUED ON NOVEMBER 02, 2010, CITY COUNCIL APPROVED 2058-P Dear Sir or Madame: Statewide Consolidated Community Development Corporation, Inc. has attached an application for a waiver to the referenced Specific Us permit. Attached is a letter addressed to the Planning Commission and City Council, a check and a site plan. Also attached are copies of previous requests and responses. If additional information is needed, please contact Rosie Jones at 409- 6590998. Sincere grat I, 4� Rosetta R "�ones;-Rresident P.O. Box 1008,Beaumont,Texas 77704 (409) 832-6161 FAX (409) 833-1166 Pager(409)757-8086 ORDINANCE NO. ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW AN OFFICE AND MANAGER'S LIVING AREA IN A RCR (RESIDENTIAL CONSERVATION AND REVITALIZATION) DISTRICT AT 1616 SABINE PASS AVENUE IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS, Statewide Consolidated Community Development Corporation, Inc., by and through its representative Rosetta Jones, has applied for a specific use permit to allow an office and manager's living area in a RCR (Residential Conservation and Revitalization) District at 1616 Sabine Pass Avenue, being Abstract 5, Plat Q, of the D. Brown Survey, City of Beaumont, Jefferson County, Texas, containing 0.46 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 an office and manager's living area in a RCR(Residential Conservation and Revitalization) District at 1616 Sabine Pass Avenue, subject to the following conditions: • That an 8' wood screening fence be installed along side and rear property lines. • That the owner work with the City's Transportation Division to determine adequate parking for the rear apartment and manager's living space. • In the future, if any business is to be run out of this location, the applicant must come back before the Commission for a separate specific use permit. ;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 an office and manager's living area in a RCR (Residential Conservation and Revitalization) District at 1616 Sabine Pass Avenue, being Abstract 5, Plat Q, of the D. Brown Survey, City of Beaumont, Jefferson County, Texas, containing 0.46 acres, more or less, as shown on Exhibit "A," attached hereto, is hereby granted to Statewide Consolidated Community Development Corporation, 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 conditions: • That an 8' wood screening fence be installed along side and rear property lines. • That the owner work with the City's Transportation Division to determine adequate parking for the rear apartment and manager's living space. • In the future, if any business is to be run out of this location, the applicant must come back before the Commission for a separate specific use permit. 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 23rd day of July, 2013. - Mayor Becky Ames - File 2176-P: Request for a specific use permit to allow an office and manager's living area N in an RCR(Residential Conservation and Revitalization) District. 1V Location: 1616 Sabine Pass Avenue Applicant: Rosetta Jones, President — Statewide Consolidated Community Developmen Corporation, Inc. 0 100 200 I I I Feet C_M I PC Legend � BU BUFORD ST 2176P 1 I 1 RCR RCR �- qO RCR M m ].R- Z -o Ch CA n Z m D CO) 4 CRAIG ST RCR ISHAMROCK ST _ [:]RCR --RCR I i l � RM-H IRMA ST EXHIBIT "A" NI ., I CONt-.BLOCK BLDG.ON SLAB \. (EXISTING) I �I r I NI 0.H.GA AGE1DOOR(TYP.-3) m { 27-35/8" 1 61'115 I N K r K { 2'-8t3/4'- 10'HIGH C/L F NCE 1 j✓-10'HIGH C/L FENCE 6 3/8" 30'-0" 53' 95/8 PROPERTY LINE_56'-0" — r�— — t j JAMES L. POPE 0.46 ACRES OUT OF THE DAVID VOL.2051,PG.343 7~T7'7 I `\ / I BROWN SURVEY ABST 5 J.C.D.R. co f I I o b { 6'H GH WOOD FENCE 7 , If O w W Z W ii ~ ° I I S Z° I ONE STORY BRICK RESIDENCE n �� ILLJ eo w ON A SLAB(BUSINESS) {? EL O I (EXISTING)\ I COURTYARD P d 1 BLDG.AREA=5604 sq.ft. w w I U I I ( 5� UJ U-- j I NOTE: j i 1 1.PROPERTY SHALL DRAIN U I TOWARD SA13INE PASS 2. 4'x8'SIGN LOCATED ON 0 I BUILDING PARKING LOT FUTURE TREE I ACQUISITION • i — Y I j —TREE r I v 8'-2 3/8" 29-0' 20'-0" 24'-D" 19'-a N 4 1 I I N -- -- PROPERTY LINE 0' PROPERTY LINE-92'-I PARKING SPACE(9'-(r x 18'-0') 1616 SABINE PASS (TYP.-12) SITE PLAN SCALE:1'-30' STATEWIDE CONSOLIDATED CDC BEAUMONT,TEXAS • Approval subject to the following conditions: Al 1. That an 8'wood screening fence be installed along side and rear property lines. 2. That the owner work with the City's Transportation Division to detennine adequate parking for SHEET NUMBER The rear apartment and manager's living space. 3. In the future,if any business is to be run out of this location,the applicant must come back before th- Commission for a separate specific use permit. EXHIBIT "B" 4 July 23,2013 Consider an ordinance approving a specific use permit to allow an eating and drinking place to be located in an existing unoccupied building in a GC-MD (General Commercial-Multiple Family Dwelling) District at 7150 Eastex Freeway RICE WITS OPPORTUNITY BEAUMON* T • E • X • A • 8 City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Chris Boone, Community Development Director fcfN MEETING DATE: July 23, 2013 REQUESTED ACTION: Council consider an ordinance approving a specific use permit to allow an eating and drinking place to be located in an existing unoccupied building in a GC-MD (General Commercial-Multiple Family Dwelling)District at 7150 Eastex Freeway. BACKGROUND Polo Del Rio,representing Del Rio Properties, LLC,has applied for a specific use permit. The proposed use is in an established commercial area and the building is currently unoccupied. The proximity to the freeway, hotels, and other venues make this a suitable place to have such an establishment. Since this is an existing building, access to utilities,parking, etc, should not pose any concern. At a Joint Public Hearing held July 15, 2013,the Planning Commission recommended 6:0:1 to approve a specific use permit to allow an eating and drinking place to be located in an existing unoccupied building in a GC-MD (General Commercial-Multiple Family Dwelling) District at 7150 Eastex Freeway. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of ordinance. May 22, 2013 Planning Commission and City Council City of Beaumont, Texas 801 Main Street Beaumont, TX 77701 Re: Specific Use Permit 7150 Eastex Freeway Dear Sirs, Per city ordinance section 28.04.001,we respectfully request your consideration for a Specific Use Permit for a dining and drinking establishment to be located at 7150 Eastex Freeway. The building is currently unoccupied and is located in front of the Holiday Inn Express. The purpose of the project is to provide Hotel guests and the general public a"fresh look" place to eat and relax that is convenient to the Highway 69 Corridor. An outdoor patio will be incorporated into the design and be a unique feature of the project. The proposed use is compatible with the neighboring Hotel,Academy, and Western Store and poses no potential decrease in property value. The proposed project is in an established commercial neighborhood so will not threaten orderly development. Utilities for the project are existing and can be reutilized. The parking and drives are existing and can be reutilized. The project poses no increase in noise or odors due to the proximity to Eastex Freeway. Directional lighting is existing and can be reutilized and will not negatively effect surrounding properties. Landscaping is existing and can be reutilized and enhanced adjacent to the new outdoor space.. The proposed project should comply with the comprehensive plan. We appreciate your consideration of this request. c Po o del Rio Max and Mac, LLC Corporate Manager 830-775-8084 Polo @delriomanagementco.com ORDINANCE NO. ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW AN EATING AND DRINKING PLACE TO BE LOCATED IN AN EXISTING UNOCCUPIED BUILDING IN A GC-MD (GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING) DISTRICTAT7150 EASTEX FREEWAY IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS, Del Rio Properties, LLC, by and through its representative Polo Del Rio, has applied for a specific use permit to allow an eating and drinking place to be located in an existing unoccupied building in a GC-MD (General Commercial-Multiple Family Dwelling) District at 7150 Eastex Freeway, being Tract 2, Block 1, of the W.E. Johnson plat, City of Beaumont, Jefferson County, Texas, containing 1.089 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 an eating and drinking place to be located in an existing unoccupied building in a GC-MD (General Commercial-Multiple Family Dwelling) District at 7150 Eastex Freeway; 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 an eating and drinking place to be located in an existing unoccupied building in a GC-MD (General Commercial-Multiple Family Dwelling) District at 7150 Eastex Freeway, being Tract 2, Block 1, of the W.E. Johnson plat, City of Beaumont, Jefferson County, Texas, containing 1.089 acres, more or less, as shown on Exhibit 'A" attached hereto, is hereby granted to Del Rio Properties, LLC, its legal representatives, successors and assigns, as shown on Exhibit "B," attached hereto and made a part hereof for all purposes. Section 2. That the specific use permit herein granted is expressly issued for and in accordance with each particular and detail of the site plan attached hereto as Exhibit"B," attached hereto and made a part hereof for all purposes. Section 3. Notwithstanding the site plan attached hereto, the use of the property herein above described shall be in all other respects subject to all of the applicable regulations contained in Chapter 28 of the Code of Ordinances of Beaumont, Texas, as amended, as well as comply with any and all federal, state and local statutes, regulations or ordinances which may apply. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 23rd day of July, 2013. - Mayor Becky Ames - File 2174-P: Request for a specific use permit to allow an eating and drinking place to be N located in an existing unoccupied building in a GC-MD (General Commercial — Multiple- Family amily Dwelling) District. Location: 7150 Eastex Freeway Applicant: Polo Del Rio, Corporate Manager at Max and Mac,LLC/Del Rio Properties, LC 0 100 200 I I I Feet R_S � % � Legend t f f i� 2174P F, O f / R-S i GC � Fqs ��. HWY 105 � � Gc-MD I E..U.CE MD II I 'IIDR ROSEDALE DR GC D GC-MD I GC-MD EXHIBrr "A° < A0 3 7 '+ ❑ l❑ t a e� xem__.___— a sneer m \. � I , � ;c- 7.,� i4 9 � �: •'I I I �nw:w rtmW[otLMRw coin � .. � onm d vwwYa�wl aWar up m PPfWIi \ I , y �, �- 1 I I rzrns ooze caxna xMxs I4/1 n a Icwsvlr IN.nMFN[rrrs \ -J I .NO mw.rtzrco a+wa..°�cc a azanluctxw. \ 1 '' a « � :n . • I , 3 91111D11( I i Holiday Inn .w.r+wca.m r, O1 u.uf,aao ro 1 at r so. t, MC.LI[r pD1at a tic sii[r5 M pR.W.,tE 1 33 ( - FIN.�.i 3'00• scats Express a d r d' x 3 ,.. ,1... } t»�.___.•- `ice' '. :. .. I a a+ 1 �� — n � S 3.0305"W 2L'1 iC s: 0 10 20 50 100 '-N 47'00'20" I 7.25' I Academy Specific Use Permit Notes: SITE PLAN ADDRESS: 7150 EASTEX FREEWAY ` aD 5/21/13 PROPOSED USE: BAR / GRILL :•., ZONING: GC—MD SCOPE OF WORK: EXISTING BUILDING AND PARKING LOT TO REMAIN. NO INCREASE IN SIZE WHITE ONLY MODIFICATIONS TO FACADE AND RE—STRIPE OF PARKING. ,` `•.. PARKING REO'D: 28.04.002 (a) (1) LESS THAN 50% INCREASE AGE PARKING PROVIDED: 70 CARS W/ 4 ACCESSIBLE 5 July 23,2013 Consider rescinding Resolution Number 13-117 and approve a new resolution authorizing the City Manager to enter into a contract with Spindletop Housing Corporation RICH WITH OPPORTUNITY BEAUMON* T • E • X • A • s City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Johnny Beatty, CDBG/HOME Manager MEETING DATE: July 23, 2013 REQUESTED ACTION: Council consider rescinding Resolution Number 13-117 and approve a new resolution authorizing the City Manager to enter into a contract with Spindletop Housing Corporation. BACKGROUND At its May 30, 2013 meeting, City Council approved a resolution to authorize the City Manager to enter into a contract with Spindletop Housing Corporation. In preparation for the project's closing,the City is now requesting that the contract be rescinded and a new contract be approved that will include Section 4—HOME Long Term Affordability which states: "For the $363,211 the City will require that 3 of the 15 units built be HOME assisted units. The affordability restrictions of the three (3)units will be in force for a period of 20 years regardless of transfer of ownership as described in 24 CFR 92.252 (e) of the HUD regulations. The City will impose a deed restriction and a Land Use Restriction Agreement upon approval by HUD." This will be an attachment to the executed contract as"Amendment 1 —Conditional Requirements". The $363,211 grant from the 2011 and 2012 HOME program allocations is related to the construction of a fifteen(15) unit development to provide affordable housing for individuals who are homeless or at risk of becoming homeless, and who have a mental illness, an intellectual developmental disability, a substance abuse disorder or a combination of these disabilities. FUNDING SOURCE 2011 HOME program ($53,000) and 2012 HOME program ($310,211). RECOMMENDATION Approval of resolution. SPINDLETOP HOUSING CORPORATION HOME ALLOCATION FUNDING AGREEMENT between the CITY OF BEAUMONT and the Spindletop Housing Corporation This Community Housing Development Allocation Funding Agreement(Agreement hereinafter) is made and entered into by and between the CITY OF BEAUMONT,a Home Rule Municipal Corporation incorporated under the laws of the State of Texas(City hereinafter),and the Spindletop Housing Corporation Services,a non-profit organization(SPINDLETOP HOUSING CORPORATION hereinafter), located at 655 S. 8'h Street Beaumont Texas 77701. WHEREAS,the City of Beaumont has received a HOME grant from the United States Department of Housing and Urban Development(HOME Program No. M-11-MC-48-0201 and M-12-MC-48-0201); WHEREAS, the City has the objective of providing for the development of low-to-moderate income housing for residents of the City through its Community Development Division; WHEREAS,the Spindletop Housing Corporation,through its express purpose as set forth in its corporate bylaws,shares this common goal with the City(SPINDLETOP HOUSING CORPORATION hereinafter); WHEREAS, pursuant to the authority of Resolution Number #13-069, passed by the Beaumont City Council on 03/26/13 the Spindletop Housing Corporation will enter into a contract with the•City for 2011- HOME funds totaling Fifty-Three Thousand Dollars and no/100($53,000.00)and for 2012 HOME funds totaling Three Hundred Ten Thousand,Two Hundred and Eleven Dollars and no/100($310,211.00); WHEREAS, The HOME allocation of Three Hundred Sixty-three Thousand, Two Hundred and Eleven Dollars and no/100($363,211.00)will be used for the eligible project costs related to the development and construction of up to fifteen(15)units. Such housing will provide decent,safe and sanitary housing for eligible families; WHEREAS,the City desires to assist the SPINDLETOP HOUSING CORPORATION in providing for the construction of low-to-moderate income housing through funds provided by HUD's Home Investment Partnerships Program(HOME Program); NOW, THEREFORE, FOR AND IN CONSIDERATION of the mutual purposes and obligations set forth herein,the City and SPINDLETOP HOUSING CORPORATION covenant and agree as follows: This Agreement sets forth the understanding of the parties concerning the City's HOME allocation as approved by HUD. It is the intent of this Agreement to outline what eligible activities and procedures the SPINDLETOP HOUSING CORPORATION must comply with in order to qualify for a portion of the City's HOME set aside. The parties have severally and collectively agreed,and by the execution hereof are bound,to the mutual obligations and to the performance and accomplishment of the tasks described herein. Section 1—City's Responsibilities A. The Community Development administrator,or other designated Community Development Staff,will act as liaison on behalf of the City. B. The City agrees to assume overall responsibility as the Grantee for ensuring that the Housing Assistance programs using HOME funds are carried out in accordance with the HOME INVESTMENT PARTNERSHIPS PROGRAM. The City shall complete and provide documentation as required by HUD for program reporting requirements. C. The City agrees to pay eligible costs,up to a maximum total amount of Three Hundred Sixty-Three Thousand,Two Hundred and Eleven dollars and no/100($363,211.00)on a reimbursement basis to the SPINDLETOP HOUSING CORPORATION for eligible activities,carried out within the City's jurisdictional boundaries. Specifically, activities carried out will include costs associated with site preparation and/or construction costs,including clearing and site preparation,foundation,building,plumbing,electrical,HVAC, parking and/or lighting improvements. The construction of at least fifteen (15) units will provide low to moderate income persons with disabilities and that are at or below 60% of the median income to live as independently as possible. Costs will be reimbursed as set forth in the program budget. D. SPINDLETOP HOUSING CORPORATION agrees that an annual audit report is a condition of funding, and that the City of Beaumont will secure an acceptable audit engagement letter for the 2012 audit report by October 31,2013. The completed 2012 audit report will be provided to both parties by December 31,2013. Section 2—Spindletop Housing Corporation Responsibilities A. The Executive Director for the SPINDLETOP HOUSING CORPORATION , or other designated SPINDLETOP HOUSING CORPORATION staff, will act as liaison on behalf of the SPINDLETOP HOUSING CORPORATION . B. SPINDLETOP HOUSING CORPORATION agrees to execute any and all documents requested by the City for compliance with the HOME Investment Partnership Program, as specified in 24 CFR 92.505(b) (attached hereto as Exhibit A) and agrees to comply with all uniform administrative requirements and standards as more particularly described in OMB Circular A-110(Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments. C. SPINDLETOP HOUSING CORPORATION agrees to comply with the Federal Labor Standards Provisions of the U. S.Department of Housing and Urban Development,Section 3 Provision of the(HUD)Act of 1968,all Fair Housing Laws and Presidential Executive Orders and The National Environmental Policy Act of 1969 as amended. (copies of each are attached) D. SPINDLETOP HOUSING CORPORATION agrees to assure that all construction projects will meet or exceed all written locally adopted Property Standards as well as all applicable local and state codes and other federal requirements. Within ninety(90) days of the execution of this agreement,the Spindletop Housing Corporation will adopt the City's construction specifications and standards to be used on projects funded by this agreement. Where applicable, all floor plans must be certified as having met or exceeded the Model Energy Code prior to construction. Variations from these standards should be approved in writing by the City's representative. Quality and affordability shall be the criteria used to determine whether a requested variance will be approved. E. SPINDLETOP HOUSING CORPORATION agrees to complete all new construction projects within two years from the date of this agreement,or by federally required deadlines,whichever is sooner.For projects including acquisition for new construction,the construction must begin within one(1)year of the acquisition of the property. The issuance of a building permit will constitute start of construction.If construction cannot be commenced by its start date as set out in Exhibit A,the SPINDLETOP HOUSING CORPORATION shall notify the City in writing at least 30 days prior to the commencement date of the specific nature of the events that prevent the commencement of construction. The City shall either approve a new commencement date or deny the request for extension. The decision of the City's representative shall be final. If a new start date is not approved, funds allocable to the structure will be removed from the contract and the SPINDLETOP HOUSING CORPORATION will be required to deed to the City any real property provided. F. SPINDLETOP HOUSING CORPORATION agrees to provide the City full and complete documentation of all eligible acquisition,materials,professional fees and labor expenses fourteen(14)calendar days prior to the requested reimbursement date. All eligible expenses must be already paid in full by SPINDLETOP HOUSING CORPORATION prior to submittal to the City. The Community Development Grants Coordinator may waive this requirement to facilitate program goals and objectives. G. SPINDLETOP HOUSING CORPORATION also agrees to make all files on projects/programs funded by this agreement available for inspection by City staff. SPINDLETOP HOUSING CORPORATION will._.. report any project and/or program delays or modifications and await City approval before proceeding. SPINDLETOP HOUSING CORPORATION will also report any instances of client fraud or program abuse to the City. H. SPINDLETOP HOUSING CORPORATION agrees to refund all HOME funds found to have been used for ineligible and/or unapproved programs or activities. These repayments will be made within thirty(30) days of notification by the City of the ineligible expenditures. I. SPINDLETOP HOUSING CORPORATION agrees to meet with the City to discuss progress or concerns as the need arises and at the City's request. SPINDLETOP HOUSING CORPORATION agrees that the Program will be administered according to all applicable regulations and guidelines per the City of Beaumont's 2010 Action Plan(as it may be amended),program design criteria and construction standards. J. SPINDLETOP HOUSING CORPORATION agrees to secure the financial match requirements for M- 11-MC-48-0201 and M-12-MC-48-0201,HOME funds. The financial funding match requirement is 25%of total expenditures less SPINDLETOP HOUSING CORPORATION Operating funds. K. SPINDLETOP HOUSING CORPORATION agrees that the City will provide the SPINDLETOP HOUSING CORPORATION with Three Hundred Sixty-Three Thousand, Two Hundred and Eleven Dollars and no/100($363,211.00)of 2011/2012 HOME funds to be available through the City's draw process on or after the effective date of this contract. Payment shall be made directly to the SPINDLETOP HOUSING CORPORATION, upon receipt of invoices or payment vouchers from SPINDLETOP HOUSING CORPORATION certifying that all requirements have been met. L. The SPINDLETOP HOUSING CORPORATION also understands and agrees to adhere to the City's procurement process.The City shall reserve the right to investigate,examine and monitor,at any time,any and all such records relating to the operations or expenditures of SPINDLETOP HOUSING CORPORATION under this Agreement. Section 3- General Terms A. This Agreement shall be fully executed in writing by both parties, and extend from April 1, 2013 through April 1,2014.With agreement by both parties,the Agreement may be extended for a time specified in a jointly signed and approved term extension memorandum, not to exceed 24 months from the original effective date. B. This Agreement and the rights and obligations contained herein may not be assigned by either party. C. This Agreement has been made under,and shall be governed by,the laws of the State of Texas. The parties agree that performance and all matters related thereto shall be in Beaumont,Texas. D. This Agreement may only be amended by written instrument,approved and executed by both parties. E. The City may terminate this agreement if at any time, after a thirty-day written notice, the SPINDLETOP HOUSING CORPORATION is found to have violated any federal,state or local requirements, for nonperformance of the terms of this agreement, or upon the unavailability of HOME funds. F. It is expressly understood and agreed by and between the City and the SPINDLETOP HOUSING CORPORATION that this Agreement is wholly conditioned upon the actual availability of federal HOME funds allocated to the City by the U S Department of Housing and Urban Development(HOME Program No. M-I1-MC-48-0201 and M-12-MC-48-0201), and that all monies distributed to, or in behalf of the, SPINDLETOP HOUSING CORPORATION hereunder shall be exclusively from federal monies received under said HOME Program, and not from any other monies of the City. G. This Agreement does not provide for any administrative and/or operating costs incurred by the SPINDLETOP HOUSING CORPORATION. H. If any provision(s)of this Agreement shall be held to be invalid,illegal,or unenforceable by a court,by HUD,or other competent tribunal,the validity, legality,and enforceability of the remaining provisions shall not be impaired thereby. In such event, the parties hereby agree to use their best efforts to replace the respective provision or provisions with terms and conditions approximating the original intent of the parties and conforming in all respects with applicable law and HUD regulations and directives. I. The failure of the City to insist upon the performance of any term or provision of this agreement or to exercise any right herein conferred shall not be construed as a waiver or relinquishment to any extent of the City's right to assert or rely upon any such term or right on any future occasion. J. This written instrument and attachments constitute the entire agreement by the parties hereto concerning the matter performed hereunder and any prior or contemporaneous,oral or written agreement which purports to vary from the terms hereof shall be void. K. SPINDLETOP HOUSING CORPORATION covenants and agrees to hold harmless the City and its officers, agents, servants and employees, from and against any and all claims or suits for property loss or damage and personal injury,including death to any and all persons,or whatever kind of character whether real or asserted, arising out of or in connection with the execution,performance, attempted performance or non- performance of this contract and agreement and the operations,activities and services of the program described herein, whether or not caused, in whole or in part, by alleged negligence of officers, agents, servants, employees, contractors,or sub-contractors of the City. L. No officer,employee or member of SPINDLETOP HOUSING CORPORATION or SPINDLETOP HOUSING CORPORATION's subcontractors shall have a financial interest,direct or indirect,in this contract or the monies transferred hereunder,or be financially interested,directly or indirectly,in any contract relating to the operations conducted by it, nor in any contract for furnishing services or supplies to SPINDLETOP HOUSING CORPORATION. Any willful violation of this paragraph with the knowledge, expressed or implied, of SPINDLETOP HOUSING CORPORATION or its subcontractors, shall render this contract voidable by the City of Beaumont. M. No grants shall be made by SPINDLETOP HOUSING CORPORATION to its directors or officers, either directly or indirectly, through family members, business partners or employees. SPINDLETOP HOUSING CORPORATION agrees that no HOME funds shall be used, either directly or indirectly, for religious purposes. Any willful violation of this paragraph with the knowledge, expressed or implied, of SPINDLETOP HOUSING CORPORATION shall render this contract voidable by the City. N. SPINDLETOPHOUSING CORPORATION covenants and agrees that its officers,members,agents, employees, program participants and subcontractors shall abide by and comply with federal, state and local laws, including all ordinances,rules and regulations of the City of Beaumont, as amended. SPINDLETOP HOUSING CORPORATION further covenants and agrees that it will fully comply with the terms and conditions of the HOME Program,under which these funds are granted. O. Each party has the full power and authority to enter into and perform this Agreement,and the person signing on behalf of each party has been properly authorized and empowered to execute this Agreement. P. The parties hereby acknowledge that they have read,understand,and intend to be bound by the terms and conditions contained herein. Section 4-HOME Long Term Affordability A. SPINDLETOP HOUSING CORPORATION agrees to comply with the Affordability Requirements of the U. S. Department of Housing and Urban Development Program Final Rule, Subpart F — Project Requirements which states:Periods of Affordability. The HOME—assisted units must meet the affordability requirements for not less than the applicable period specified for New Construction or acquisition of newly constructed housing which is 20 years, beginning after project completion. The affordability requirements apply without regard to the term of any loan or mortgage or the transfer of ownership. They must be imposed-- by deed restrictions,covenants running with the land,or other mechanisms approved by HUD,except that the affordability restrictions may terminate upon foreclosure or transfer in lieu of foreclosure. The City may use purchase options, rights of first refusal or other preemptive rights to purchase the housing units before foreclosure or deed in lieu of foreclosure to preserve affordability. The affordability restrictions shall be revived according to the original terms if,during the original affordability period,the owner of record before the foreclosure,or deed in lieu of foreclosure,or any entity that includes the former owner or those with whom the former owner has or had family or business ties,obtains an ownership interest in the project or property. B. SPINDLETOP HOUSING CORPORATION agrees that three(3)units of the 15 units will be made available to low to moderate income individuals according to the HOME Final Rule. Spindletop Housing Corporation By: Sally Broussard,Chief Authority Officer Date STATE OF TEXAS ' ACKNOWLEDGMENT CITY OF BEAUMONT This instrument was acknowledged before me on the day of , 2013, by as of Spindletop Housing_Corporation a non-profit organization, on behalf of said organization. Notary Public in and for the State of Texas CITY OF BEAUMONT By: Kyle Hayes, City Manager Date ATTEST: _By: Tina Broussard, City Clerk Date DEFINITIONS Fair market rent(FMR).The rent,including the cost of utilities(except telephone),that would be required to be paid in the housing market area to obtain privately owned,existing,decent, safe and sanitary rental housing of modest(non-luxury)nature with suitable amenities.Fair market rents for existing housing are established by HUD for housing units of varying sizes(number of bedrooms),and are published in the Federal Register in accordance with 24 CFR part 888. Initial lease term. The initial term of the assisted lease. The initial lease term must be for at least one year. Initial contract rent. In the certificate program,the contract rent at the beginning of the initial lease term. Lease. (1)A written agreement between an owner and a tenant for the leasing of a dwelling unit to the tenant. The lease establishes the conditions for occupancy of the dwelling unit. RESOLUTION NO. WHEREAS, on March 26, 2013, the City Council of the City of Beaumont passed Resolution No. 13-069 authorizing the City Manager to execute a contract with Spindletop MHMR Services to grant $363,211 in 2011 and 2012 HOME funds in connection with an affordable housing project located within the 2700 Block of South 8' Street; and, WHEREAS, on June 4, 2013, the City Council of the City of Beaumont passed Resolution No. 13-117 rescinding Resolution No. 13-069 and authorizing the City Manager to execute a contract with Spindletop Housing Corporation to grant$363,211 in 2011 and 2012 HOME funds in connection with an affordable housing project located within the 2700 Block of South 8th Street; and, WHEREAS, in preparation of the project's closing, it is necessary that the contract be rescinded and a new contract be approved that will include HUD required Section 4- HOME Long Term Affordability language; and, WHEREAS, in orderto cancel the prior contract Council needs to rescind Resolution No. 13-117 in order to enter into a new contract with Spindletop Housing Corporation to grant $363,211 in 2011 and 2012 HOME funds in connection with an affordable housing project located within the 2700 Block of South 8th Street to include HUD required Section 4-HOME Long Term Affordability language; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT Resolution No.13-117 is hereby and forevermore rescinded; and, BE IT FURTHER RESOLVED THAT the City Manager be and he is hereby authorized to execute a contract with Spindletop Housing Corporation to grant $363,211 in 2011 and 2012 HOME funds in connection with an affordable housing project located within the 2700 Block of South 8th Street to include HUD required Section 4-HOME Long Term Affordability language. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 23rd day of July, 2013. - Mayor Becky Ames - WORK SESSION * Review and discuss increasing various fees at the Henry Homberg Golf Course