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HomeMy WebLinkAboutPACKET OCT 29 2013 HIGH wlrtt OPPO trt NI I I BEA, E T * 0 X 9 A_.._IIMON* G S REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS OCTOBER 29, 2013 1:30 P.M. CONSENT AGENDA * Approval of minutes—October 22, 2013 * Confirmation of committee appointments Paula Blazek would be reappointed to the Civil Service Commission. The current term would expire November 1, 2016. (Kyle Hayes, City Manager) A) Approve a resolution approving an annual contract for the purchase of Lime Slurry from LaHoist North America, Inc. of La Porte for use by the Streets and Drainage Division B) Approve a resolution approving the purchase of Granular Phosphate for use by the Water Utilities Department C) Approve a resolution authorizing a payment of membership dues to the South East Texas Regional Planning Commission for Fiscal Year 2014 D) Approve a resolution accepting the Certified Tax Roll Jurisdiction Summary for the tax year 2013 (Fiscal Year 2014) E) Approve a resolution approving an agreement with Triangle Stagecraft, Inc. for skilled temporary workers utilized in the Event Facilities Department F) Approve a resolution casting the City's votes (430) for C.L. Sherman for the Board of Directors of the Jefferson County Appraisal District G) Approve a resolution authorizing participation with other Entergy service area cities in Public Utility Commission Docket No. 41850 A RICH WITH OPPORTUNITY C } City Council Agenda Item T • E - X - A - S TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Laura Clark, Chief Financial Officer MEETING DATE: October 29. 2013 REQUESTED ACTION: Council consider a resolution approving an annual contract for the purchase of Lime Slurry from LaHoist North America, Inc., of La Porte, Texas, in the estimated amount of$100,800 for use by the Streets and Drainage Division. BACKGROUND Bids were requested for an annual contract to provide lime slurry in liquid form, which is used by the Streets and Drainage Division to stabilize soil in road construction. Three (3) vendors were notified and one (1) response was received. LaHoist North America, Inc., was the only bidder and has held this contract for several years. The bid amount represents an approximate $6.00 per ton (3.7%) increase over the current contract pricing. There are no local suppliers of this product. Bid tabulation_is as follows: _ _ Vendor Unit Price Total Estimated Cost LaHoist, N.A., LaPorte, TX $168/Ton $100,800.00 U.S. Litne Co., Dallas, TX No Response '`_Cleveland Asphalt Co., Cleveland, TX_ No Response FUNDING SOURCE General Fund - Streets and Drainage Division. RECOMMENDATION Approval of resolution. OWN*"R TA "T'.."'` CITY OF BEAUMONT- PURCHASING DIVISION R.J. Hollar - Buyer II T - $ - x --A - s 409-880-3758 rhollar @ci.beaumont.tx.us BID TABULATION: Annual Contract for Road Materials - Lime Slurry BID No. BF0913-25 OPENING DATE: Thursday, October 10, 2013 Vendor Lhoist NA City / State La Porte, TX ITEM Qty Unit Price Total (Tons) ime Slurry, u 168.00 100,800.00 NO RESPONSE: US LIME, CLEVELAND ASPHALT RESOLUTION NO. WHEREAS, bids were solicited for an annual contract for the purchase of lime slurry for use by the Public Works Department, Streets and Drainage Division; and, WHEREAS, LaHoist North America, Inc., of LaPorte, Texas, submitted a bid in the amount of$168 per ton for an estimated cost of$100,800; and, WHEREAS, City Council is of the opinion that the bid submitted by LaHoist North America, Inc., of LaPorte, Texas, should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT the bid submitted by LaHoist North America, Inc., of LaPorte, Texas, for an annual contract for the purchase of lime slurry for use by the Public Works Department, Streets and Drainage Division, in the amount of $168 per ton for an estimated cost of $100,800 be accepted by the City of Beaumont; and, BE IT FURTHER RESOLVED THAT the City Manager be and he is hereby authorized to execute a contract with LaHoist North America, Inc., of La Port, Texas, for the purposes described herein. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 29th day of October, 2013. - Mayor Becky Ames - B RICH WITH OPPORTUNITY City Ci y Council Agenda Item T • E • X • A • S TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Laura Clark, Chief Financial Officer MEETING DATE: October 29, 2013 REQUESTED ACTION: Council consider a resolution approving the purchase of Granular Phosphate from Brenntag Southwest, Inc.. of Houston, in the estimated amount of$76,000 for use by the Water Utilities Department. BACKGROUND Bids were requested for a six (6) month contract to supply Seaquest brand granular phosphate compound. Granular Phosphate is used to sequester manganese in the water supply to improve color. clarity and taste. Five (5) vendors submitted bids; however, three of the bids were rejected as having bid a product that did not meet specifications. The low bid, meeting specifications, was submitted by Brenntag Southwest, Inc. with a fixed unite price of$7,600.00 per ton. The price for the previous six (6) months was $7,400.00 per ton. FUNDING SOURCE Water Utilities Fund.. RECOMMENDATION Approval of resolution. RESOLUTION NO. WHEREAS, bids were solicited for a six (6) month contract for the purchase of granular phosphate water treatment compound for use by the Water Utilities Department; and, WHEREAS, Brenntag Southwest, Inc., of Houston, Texas, submitted a bid of $7,600/ton for an estimated amount of$76,000, as shown on Exhibit"A,"attached hereto; and, WHEREAS, City Council is of the opinion that the bid submitted by Brenntag Southwest, Inc., of Houston, Texas, should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT the bid submitted by Brenntag Southwest, Inc., for a six (6) month contract for the purchase of Seaquest brand granular phosphate water treatment compound in the amount of $7,600/ton for an estimated amount of $76,000 for use by the Water Utilities Department be accepted by the City of Beaumont; and, BE IT FURTHER RESOLVED THAT the City Manager be and he is hereby authorized to execute a contract with Brenntag Southwest, Inc., of Houston, Texas, for the purposes described herein. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 29th day of October, 2013. - Mayor Becky Ames - c RICH WITH OPPORTUNITY ILI ,[I 1�1 C1 11 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: October 29, 2013 REQUESTED ACTION: Council consider a resolution authorizing a payment of membership dues to the South East Texas Regional Planning Commission (SETRPC) for Fiscal Year 2014. BACKGROUND The SETRPC was established in June of 1970 under enabling legislation as a voluntary association of local governments. Its purpose is to encourage and permit local governments to join and cooperate with one another to improve the health and safety of their citizens, to plan for future development and transportation efforts, and to recognize the needs of agriculture, business and industry. among other things. The City of Beaumont supports the SETRPC and the community projects they perform. Some of the programs these dues will fund are the Criminal Justice Program; the Area Agency on Aging (AAA) Program, the Homeless Coalition; the Foster Grandparents Program (FGP), and the Retired Senior Volunteer Program (RSVP). FUNDING SOURCE General Fund. The membership dues are in the amount of$43,233.92. RECOMMENDATION Approval of resolution. South East Texas Regional Planning Commission 2210 Eastex Freeway Beaumont, Texas 77703-4929 (409) 899-8444 October 14, 2013 INVOICE City of Beaumont P O Box 3827 ---- - Beaumont; Texas 77-70 .— SET-kPC-Dues.`: e ms ,. � � � :_ 14,195.52 Criminal 7uk ce Programs = ' S 1.874.34 .AAA Program : 510.903.02 Homeless Coalition _ S 9.298.56 PGP Program S 2,661.28 RSVP .Program S 4.301.20 Total Invoice - $43.233.92 THANK YOU PLEASE RETURN YELLOR COPY 'WITH PAYMENT RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Council hereby approves the payment of fiscal year 2014 dues to the South East Texas Regional Planning Commission (SETRPC) in the amount of$43,233.92. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 29th day of October, 2013. - Mayor Becky Ames - D 11EA,UM0N14r T • E • X • A • s City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Laura Clark, Chief Financial Officer X/ MEETING DATE: October 29, 2013 REQUESTED ACTION: Council consider a resolution accepting the Certified Tax Roll Jurisdiction Summary for the tax year 2013 (Fiscal Year 2014). BACKGROUND Pursuant to the Texas Property Tax Code, Section 26.09, this recap must be approved by the City Council. On September 17, 2013, Council approved the tax roll as certified by the Jefferson County Appraisal District with a taxable value of$6,824,647,428. There is no change in the taxable value of the Certified Tax Roll Jurisdiction Summary. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of resolution. J. SHANT HOWARD SOS0GJAIMES IAVAJ3T3SOR-COLLECTOR CHIEF DB'[ITy October 1O2Ol3 Laura Clark City of Beaumont pO Box 3827 Beaurnont. TX 77704 Dear K4n. Clark: Enclosed is the 2013 Certified Tax Roll Summary. Pursuant to the Texas Property Tax Code' Section 26.09, this certified tax roll summary should be approved by your Board of Directors at your next board nneeting. After the approval, please return your resolution for retention in the Tax Office. If you should have any questions or require further information, please feel free to call, Sincerely, J SHANE HOWARD Assessor-Collector ofTaxes Jefferson County' Texas JSH:db Enclosure cc: KyieHayos !E-, FERSO� COL% TYC0UlTHOl _�E ` P.0. BOX 2l\2 ^ BE�Dy!ONT, TEX�,kS -77O�-2ll� "Y 1]1 04:3s3 2 1 1504038 TAX C0T,TYC'1ToN SYSTEM R 0 L T. JURTST) TCTIoN SUMMARY YRTIFIRD PAGE: 13 PROCESSING FOP TAX YEAR: 2013 -)I;T 'TTY Or DRAIRK TOTAT, f'ARC*Fr,.!;: 65,435 TAX RA'Z'E-00.6900110 "ATI.T(PT ',-A!,IJE- > >^ n4F, '-ViATF qOTM EXEMPT PA-peri-,;- STATE Or5: 0 PT OG S 17,500 EXEMPT VALUE: 0 DISABLED: 1'7,5(,0 AG PROPERTIES: 183 AC EXCLUSTONt 38,521,606 JPq CAPPED CITT: 238 HS CAPPED AMT- 2,187,441 li-b366 C14T- HP366 VALUE: POLLUTION C.NT: POLLUTION VAT.T-pw I rl,I)"10 r-71T r'NT, 2 (ITT VALUE: 150,270 ��RR WP CNTc ?$,854, 13 SPH FXEMPTIQN- 227,500 LTIT XMP 2 LiH EX :EMPTION VFT PULL XMp NT. -2,893,650 1610 VET FULL EXEMPTION: 15,938"708 TTM PROPPRTTES: 75 TIM EXCLUSION: 4,188,172 PROPATET) F.XEmp rxXq 10 AMOUNT FOR EXXG 1,671,550 PROPATP,T-) PXFM P TXXT COUNT 12 AMOUNT FOP, EXXi PRORATED rXF.MP r�xxj COljW_r 32 AMOUNT FOR EXXT 2,638,840 PRORATTIT) FlXEMP rXXI, (,OUNT 10,987,739 3 AMOUNT FOR EKXL 1,463,900 PRORATED RXRMP 9=1 COUNT 99 AMOUNT FOR EXKU 2,748,550 PPORA rRij P.Xpmp RXXV ('OTTW 3,614 AMOUNT FOR EX)CV 513,459,471 (,P,Opq 7,528,302,56-7 qTATR 110MRSTEW) 23,173 HOMESTEAD AMT,- LOCATE HOMFSTFAT-) 23,173 HOMESTEAD AMT: 0 ()VEP r 7'. 7,64C OVER 65 AMT: LOCAL OVERES 7,846 OVER 65 AMT: 135,30U,819 STJPvTVTM0 SPOTTs7 51 AMOUNT: 8 12,I:)o It OF DIS1�7,FU- 719 PTSARLED AMT: 28,837,670 TOTAL VF'r IM7FRAN AMT- VET ISURNIVIN(� Fp VF7FRAM AMT: r65,4 10 INCLUDED (N WH�' TOIAF, VRT FIELD 6.3,000 'il-)'IA-' PAR! XMP. 'iAXA-Rll-p vAillml- 6,924,647,4'28 FROZEN ACcrg. 0 LEVY LOSS. ou 70TAT, LEVY: 47,1190,234,'78 IATFAP CWT: LATEAC APIT: 197.13 1,5A8 LATE RPNI)PEN ANT: 48,648.51 T'?()7Rtj pomps I TTI !:T?()7,F.N TA X A R T.R UNFROZEN TPVY —')7MN 57-7,Y. 11.00 RESOLUTION NO. WHEREAS, on September 17, 2013, City Council, by Ordinance No. 13-055, approved the tax roll as certified by the Jefferson County Tax Appraisal District with a taxable value of $6,824,647,428; and, WHEREAS, it has been determined and the Council so finds there is no change in the taxable value of the Grand Recap; 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 Council, pursuant to the Texas Property Tax Code, Section 26.09, hereby approves the Grand Recap of the appraisal roll for the tax year 2013 (FY 2014)with a taxable value of $6,824,647,428, which shall constitute the City's tax roll. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 29th day of October, 2013. - Mayor Becky Ames - E 31IC'I9 W,I T If 0I'I'011TY.:+7ITY 111LIA,[111cl 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: October 29, 2013 REQUESTED ACTION: Council consider a resolution approving an agreement with Triangle Stagecraft, Inc., for skilled temporary workers utilized in the Event Facilities Department. BACKGROUND Triangle Stagecraft provides skilled temporary workers to load, unload, set up and take down equipment needed for a variety of events and performances. They are the only local source for providing these services. The Event Facilities Department utilizes these services on an as needed basis for various events held at multiple City venues. After the first year of the agreement, rates may increase each year by the lesser amount of three percent (3%) or the Consumer Price Index (CPI) change for the Houston, Brazoria, Galveston area. This agreement will automatically renew annually unless a notice has been provided by either party thirty (30) days prior to expiration of the contract. FUNDING SOURCE The cost for these services are paid by the customer renting a city facility. RECOMMENDATION Approval of resolution. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Council hereby approves the award of a contract, with an option to renew on an annual basis, to Triangle Stagecraft, Inc., of Port Neches, Texas, in the estimated annual amount of$230,000 for the furnishing of skilled temporary workers to load, unload, set up and take down equipment needed for a variety of events and performances that the Event Facilities Department holds at multiple City venues. The contract is substantially in the form attached hereto as Exhibit "A" and made a part hereof for all purposes; and, BE IT FURTHER RESOLVED THAT the City Manager be and he is hereby authorized to execute a Letter of Understanding with Triangle Stagecraft, Inc., of Port Neches, Texas, for the purposes described herein. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 29th day of October, 2013. - Mayor Becky Ames - LETTER OF UNDERSTANDING BETWEEN TRIANGLE STAGECRAFT, INC. AND CITY OF BEAUMONT This Letter of Understanding is made this day of 2013,by and between Triangle Stagecraft,Inc.(Triangle Stagecraft) and City of Beaumont,Beaumont,Texas (City). Triangle Stagecraft is to provide temporary workers for the following services on an as-needed basis for the City of Beaumont. The terms and conditions of this Letter of Understanding are as follows: 1. PAYMENT FOR WORKERS All temporary workers provided by Triangle Stagecraft will be billed/paid at the hourly rate included in this Letter of Understanding. There will be an additional charge of one and one- half times(x 1.5)the applicable straight time rate for hours worked between 12:00 Midnight and 8:00 A.M.and/or after eight(8)consecutive hours. For pay purposes, any portion of an hour constitutes one(1)hour billed/paid. The load in,any rehearsal,the show and load out are considered separate from each other and overtime accumulation. 2. ADMINISTRATIVE CHARGE A Triangle Stagecraft administrative charge of twenty-two percent(22%)will be added to each Triangle Stagecraft bill in order to help cover workers' compensation insurance,and other administrative costs. A Certificate of Workers' Compensation Insurance,as well as other insurances as required by the City,will be provided by Triangle Stagecraft to the City. 3. CALL MINIMUMS The minimum load in call is three(3)hours, with the exception of all bus and truck tours,which will have a minimum load in call of four(4)hours. The minimum load out call is two(2)hours,with the exception of all bus and truck tours,which will have a minimum load out call of three(3)hours. 4. STEWARD/WORKING STEWARD A steward or non-working steward is required on all calls. On calls of fourteen(14)or less Triangle Stagecraft workers,the electrician shall assume the duties of steward. A non-working steward is required for administration purposes on all calls of fifteen(15)or more Triangle Stagecraft workers. 5. LOADERS A minimum of two(2)loaders is required on all buses,trailers eighteen feet(18')or under and vans. A minimum of four(4)loaders is required on all semi and bobtail trucks. Loaders will work four(4)hours maximum, loading or unloading. Vehicles not completed in this four(4)hour time frame will be charged one and one-half(x 1.5)the regular rate per man,per vehicle. This hour limit does not apply on shows that have in excess of four(4)semi and/or bobtail trucks. Page l of 5 Letter of Understanding 2013—Triangle Stagecraft and City of Beaumont EXHIBI-f "A" All loaders will be paid at one and one-half times(x 1.5)the applicable straight time rate for each truck, van or bus that begins loading or unloading after 12:00 midnight or before 8:00 A.M. 6. RIGGERS When requested by City, riggers will work under a four(4)hour minimum on all load in and load outs. Rigging not completed in this four(4)hour time frame will be charged at the regular hourly rate per rigger. When riggers are requested,there shall be a minimum call of two(2)high riggers and one(1) ground rigger. Shows in excess of twenty(20)points will require additional high riggers. The number of additional high riggers shall be determined by mutual agreement between the business agent and the building technical services coordinator. If an event only requires the hanging of decorations,only one rigger will be needed for this service. 7. REHEARSALS AND PERFORMANCE RATES Rehearsal and performance rates are based on a three(3)hour minimum,plus thirty(30)minute call back time. The fourth(4th)hour,if needed,will be at the regular rate. Any additional hours after four(4)without a one(1)hour meal break,shall be charged at one and one-half times(x 1.5)the applicable hourly rate. Triangle Stagecraft workers shall be guaranteed at least two(2) hours of rehearsal/performance time upon returning from a rehearsal or performance meal break. If a performance runs after midnight,overtime will be applied at the applicable rates. 8. HOLIDAYS Holiday pay will be at two times(x 2)the regular rate at appropriate times. Holiday pay will be applied for all Triangle Stagecraft workers that work on the following holidays: New Year's Eve Labor Day New Year's Day Memorial Day Easter Sunday Thanksgiving Day Martin Luther King,Jr. Birthday Christmas Eve Fourth of July Christmas Day 9. MEAL PERIODS All Triangle Stagecraft workers will receive a meal period of one(1)hour,not earlier than four (4)hours nor later than five(5)hours after commencement of work,exclusive of performance time and with the exception of the meal hour as referenced below,provided that after said meal hour the Triangle Stagecraft workers will be guaranteed at least two(2)hours work. The Triangle Stagecraft workers may be rotated or staggered for the meal period. The steward will see that work proceeds as rapidly and efficiently as possible,but at the same time will see that the Triangle Stagecraft workers receive breaks,which may be on a staggered basis. In the event the Triangle Stagecraft workers are not permitted such a meal period,the Triangle Stagecraft workers will receive one and one-half time(x 1.5)rate until such meal period is received. 10. BREAKS Each Triangle Stagecraft worker shall receive a fifteen(15)minute break approximately two(2) hours into the load in. The exact time shall be determined between the local steward and the show representative,however in all cases,breaks shall begin no later than two and one-half(2 ''/2) hours into the load in. Page 2 of 5 Letter of Understanding 2013—Triangle Stagecraft and City of Beaumont 11. HAZARDOUS CONDITIONS Hazardous conditions exist when a Triangle Stagecraft worker is working over thirty(30)feet above the floor and/or truss focusing while climbing,not to include working in loading bridges, fly floors,gridirons or any safety walk over thirty(30)inches in width that is enclosed with permanent safety railing. In hazardous locations,basic safety systems such as OSHA approved lifeline and fall restraint systems must be present or Triangle Stagecraft workers will not be allowed to work there. The base rate of Triangle Stagecraft workers in hazardous conditions will be the same as high riggers scale. 12. TERM FOR LETTER OF AGREEMENT This letter of Agreement shall be in effect for a period of one(1)year beginning OCTOBER 2013, with the option to renew on an annual basis. Any renewals will be subject to the same terms and conditions referenced in this Agreement. Renewals will be offered through an extension letter generated by the City of Beaumont and approval with signature provided by Triangle Stagecraft. The hourly rate increase shall be based upon the Consumer Price Index(CPI) for the Houston- Brazoria-Galveston area effective year ending December 31. The hourly increase will be the percentage of the CPI or three(3)percent,which ever is the lower amount. 13. TERMINATION OF AGREEMENT This Agreement may be terminated for any reason by either Triangle Stagecraft or the City of Beaumont upon providing thirty(30)days' written notice to the other party. 14. INDEMNITY Triangle Stagecraft agrees to indemnify and save harmless the City of Beaumont and its officers, agents and employees from any and all claims,causes or action and damages of every kind, for injury to or death of any person and damages to property arising out of or in connection with the work done by Triangle Stagecraft under this Agreement,and including acts or omissions of the City of Beaumont or its officers,agents or employees in connection with said Agreement. The requirements of this paragraph shall survive the termination of this Agreement. 15. INSURANCE Triangle Stagecraft shall obtain and maintain in full force and effect for the duration of this Agreement, and any extension hereof,at Triangle Stagecraft's sole expense, insurance coverage called for in Exhibit"A"attached hereto. Triangle Stagecraft shall require its insurance agent provider such insurance to complete City-approved Certificate of Insurance forms. The requirements of this paragraph shall survive the termination of this Agreement. Page 3 of 5 Letter of Understanding 2013—Triangle Stagecraft and City of Beaumont 16. CONTACT INFORMATION TRIANGLE STAGECRAFT,INC. CITY OF BEAUMONT 681 Ridgewood Drive Finance Dept./Purchasing Div. Port Neches,TX 77651 Physical Address.• Phone: 409-626-1880 801 Main Street,Suite 315 Fax: 409-729-0578 Beaumont,TX 77701 Mailing Address: P.O.Box 3827 Beaumont,TX 77704 Phone: 409-880-3720 Phone: 409-880-3747 IN WITNESS WHEREOF,the undersigned have caused this Agreement to be duly executed as of the date set forth within this Agreement. AGREED AND ACCEPTED: AGREED AND ACCEPTED: TRIANGLE STAGECRAFT,INC. CITY OF BEAUMONT By: — By: Name: James B. Strawther Name: Kyle Hayes Title: Operations Manager Title: City Manager Date: Date: Page 4 of 5 Letter of Understanding 2013—Triangle Stagecraft and City of Beaumont LETTER OF UNDERSTANDING BETWEEN TRIANGLE STAGECRAFT, INC. AND CITY OF BEAUMONT RATES EFFECTIVE OCTOBER , 2013 POSITION RATE PER HOUR Non working steward $23.18 Steward $20.17 Electrician $20.17 Flyman $18.34 Forklift $18.34 Stagehand $18.34 Sound man $18.34 Wardrobe $18.34 Technical Assistance(Work Calls) $18.34 Truckloaders Van/Bus $38.62 Bobtail $38.62 Semi $52.74 Riggers 4 — High — $29.77 Ground $23.18 Performance Rate 3 hours $64.18 Rehearsals Rate 3 hours $64.18 Page.5 of 5 Letter of Understanding 2013—Triangle Stagecraft and City of Beaumont EXHIBIT"A" Letter of Understanding Between Triangle Stagecraft,Inc.and City of Beaumont ATTACHMENT A Insurance Requirements—City of Beaumont (Revised 4/1/2013) INSURANCE SECTION A. Prior to the approval of this contract by the City,CONTRACTOR shall furnish a completed Insurance Certificate to the Purchasing office. The certificate shall be completed by an agent authorized to bind the named underwriter(s)to the coverages,limits,and termination provisions shown thereon,and shall furnish and contain all required information referenced or indicated thereon. CITY SHALL HAVE NO DUTY TO PAY OR PERFORM UNDER THIS CONTRACT UNTIL SUCH CERTIFICATE IS RECEIVED BY THE CITY OF BEAUMONT'S PURCHASING DIVISION,and no officer or employee of the City shall have authority to waive this requirement. INSURANCE COVERAGE REQUIRED SECTION B. CITY reserves the right to review the insurance requirements of this section during the effective period of the contract and to adjust insurance coverages and their limits when deemed necessary and prudent by CITY,based upon changes in statutory law, court decisions,or the claims history of the industry as well as the CONTRACTOR. SECTION C. Subject to CONTRACTOR'S right to maintain reasonable deductibles in such amounts as are approved by CITY, CONTRACTOR shall obtain and maintain in full force and effect for the duration of this contract, and any extension hereof, at CONTRACTOR'S sole expense,insurance coverage written by companies approved by the State of Texas and acceptable to CITY,in the following type(s)and amount(s): TYPE AMOUNT 1. Workers'Compensation and Statutory Employer's Liability NOTE: For building or construction projects,and services provided at City-owned facilities,the successful Contractor shall meet the minimum requirements defined in the Texas Workers'Compensation Commission Rule 28 TAC§110.110 which follows this insurance attachment. 2. Commercial General(public)Liability including coverage for the following: a. Premises operations Combined single limit for bodily injury and b. Independent contractors and property damage of$1,000,000 per C. Products/completed operations occurrence or its equivalent with an aggregate d. Personal injury limit of$2,000,000. e. Advertising injury f Contractual liability g. Medical payments h. Professional liability* i. Underground hazard* J. Explosion and collapse hazard* k. Liquor liability* - 1 - 1. Fire legal liability* M. City's property in Contractor's* care,custody,or control n. Asbestos specific liability* * Not required for this contract 3. Comprehensive Automobile Liability Combined single limit for bodily injury and insurance,including coverage for loading property damage of$500,000 per occurrence and unloading hazards,for: or equivalent. a. Owned/leased vehicles b. Non-owned vehicles C. Hired vehicles 4. Errors and Omissions Provide a prudent amount of coverage for the insurance policy willful or negligent acts or omissions of any (when applicable) officers,employees or agents thereof. ADDITIONAL POLICY ENDORSEMENTS CITY shall be entitled,upon request,and without expense,to receive copies of the policies and all endorsements thereto and may make any reasonable request for deletion,revision,or modification of particular policy terms,conditions, limitations,or exclusions (except where policy provisions are established by law or regulation binding upon either of the parties hereto or the underwriter of any of such policies). Upon such request by CITY,CONTRACTOR shall exercise reasonable efforts to accomplish such changes in policy coverages,and shall pay the cost thereof. REQUIRED PROVISIONS CONTRACTOR agrees with respect to the above required insurance,all insurance contracts and certificate(s)of insurance will contain and state,in writing,on the certificate or its attachment,the following required provisions. a. Name,the City of Beaumont and its officers,employees,and elected representatives as additional insured(s),(as the interest of each insured may appear)to all applicable coverage. b. Provide for 30 days'notice to City for cancellation,non-renewal,or material change. C. Provide for notice to City at the address shown below by registered mail. d. CONTRACTOR agrees to waive subrogation against the City of Beaumont,its officers,employees,and elected representatives for injuries,including death,property damage,or any other loss to the extent same may be covered by the proceeds of insurance. e. Provide that all provisions of this agreement concerning liability,duty,and standard of care together shall be underwritten by contractual liability coverage sufficient to include such obligations within applicable policies. f For coverages that are only available with claims made policies,the required period of coverage will be determined by the following formula: Continuous coverage for the life of the contract,plus one year(to provide coverage for the warranty period)and an extended discovery period for a minimum of five years which shall begin at the end of the warranty period. -2 - NOTICES CONTRACTOR shall notify CITY in the event of any change in coverage and shall give such notices not less than thirty(30)days prior to the change,which notice must be accompanied by a replacement CERTIFICATE OF INSURANCE. All notices shall be given to CITY at the following address: Purchasing Division City of Beaumont P.O.Box 3827 Beaumont,Texas 77704 SECTION D. Approval,disapproval,or failure to act by CITY regarding any insurance supplied by CONTRACTOR shall not relieve CONTRACTOR of full responsibility or liability for damages and accidents as set forth in the contract documents. Neither shall the bankruptcy,insolvency,or denial of liability by the insurance company exonerate CONTRACTOR from liability. - 3 - WORKERS COMPENSATION INSURANCE for Building or Construction Projects and Services Provided at City-Owned Facilities TEXAS WORKERS' COMPENSATION COMMISSION RULE 28,§110.110 As required by the Texas Workers'Compensation Rule 28,§110.110,the Contractor shall accept the following definitions and comply with the following provisions: Workers'Compensation Insurance Coverage A. Definitions: 1. Certificate of coverage("certificate")-A copy of a certificate of insurance,a certificate of authority to self-insure issued by the commission, or a coverage agreement(TWCC-81, TWCC-82, TWCC-83, or TWCC-84), showing statutory workers'compensation insurance coverage for the person's or entity's employees providing services on a project,for the duration of the project. 2. Duration of the project-includes the time from the beginning of the work on the project until the Contractor's/person's work on the project has been completed and accepted by the City of Beaumont. 3. Persons providing services on the project("subcontractor"in§406.096)-includes all persons or entities performing all or part of the services the Contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the Contractor and regardless of whether that person has employees. This includes,without limitation,independent Contractors,subcontractors,leasing companies,motor carriers,owner-operators,employees of any such entity,or employees of any entity which furnishes persons to provide services on the project."Services"include, without limitation,providing,hauling,or delivering equipment or materials,or providing labor,transportation,or other service related to a project."Services"does not include activities unrelated to the project,such as foodibeverage vendors, office supply deliveries,and delivery of portable toilets. B. The Contractor shall provide coverage,based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements,which meets the statutory requirements of Texas Labor Code,Section 401.011(44)for all employees of the Contractor providing services on the project,for the duration of the project. C. The Contractor must provide a certificate of coverage to the City of Beaumont prior to being awarded the contract. D. If the coverage period shown on the Contractor's current certificate of coverage ends during the duration of the project, the Contractor must,prior to the end of the coverage period,file a new certificate of coverage with the City of Beaumont showing that coverage has been extended. E. The Contractor shall obtain from each person providing services on a project,and provide to the City of Beaumont: 1. A certificate of coverage,prior to that person beginning work on the project,so the City of Beaumont will have on file certificates of coverage showing coverage for all persons providing services on the project;and 2. No later than seven(7)days after receipt by the Contractor,a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. F. The Contractor shall retain all required certificates of coverage for the duration of the project and for one(1)year thereafter. G. The Contractor shall notify the City of Beaumont in writing by certified mail or personal delivery,within ten(10)days after the Contractor knew or should have known,of any change that materially affects the provision of coverage of any person providing services on the project. 11. The Contractor shall post on each project site a notice, in the text, form and manner prescribed by the Texas Workers' Compensation Commission, informing all persons providing services on the project that they are required to be covered,and -4 - stating how a person may verify coverage and report lack of coverage. L The Contractor shall contractually require each person with whom it contracts to provide services on a project,to: 1. Provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements,which meets the statutory requirements of Texas Labor Code,Section 401.01 1(44)for all of its employees providing services on the project,for the duration of the project; 2. Provide to the Contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project. 3. Provide the Contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; 4. Obtain from each other person with whom it contracts,and provide to the Contractor: a. A certificate of coverage,prior to the other person beginning work on the project;and b. A new certificate of coverage showing extension of coverage,prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project. 5. Retain all required certificates of coverage on file for the duration of the project and for one(1)year thereafter; 6. Notify the City of Beaumont in writing by certified mail or personal delivery,within ten(10)days after the person knew or should have known,of any change that materially affects the provision of coverage of any person providing services on the project;and 7. Contractually require each person with whom it contracts,to perform as required by paragraphs(1)- (7), with the certificates of coverage to be provided to the person for whom they are providing services. J. By signing this contract or providing or causing to be provided a certificate of coverage, the Contractor is representing to the City of Beaumont that all employees of the Contractor who will provide services on the project will be covered by workers"compensation coverage for the duration of the project,that the coverage will be based on proper reporting of classification codes and payroll amounts,and that all coverage agreements will be filed with the appropriate insurance carrier or,in the case of a self-insured,with the commission's Division of Self-Insurance Regulation. Providing false or misleading information may subject the Contractor to administrative penalties,criminal penalties,civil penalties,or other civil actions. K. The Contractor's failure to comply with any of these provisions is a breach of contract by the Contractor which entitles the City of Beaumont to declare the contract void if the Contractor does not remedy the breach within ten(10)days after receipt of notice of breach from the City of Beaumont. As defined by the Texas Labor Code,Chapter 269,Section 406.096(e),building or construction is defined as: I. Erecting or preparing to erect a structure,including a building,bridge,roadway,public utility facility, or related appurtenance; 2. Remodeling,extending,repairing,or demolishing a structure;or 3. Otherwise improving real property or an appurtenance to real property through similar activities. The employment of a maintenance employee who is not engaging in building or construction as the employees primary business does not constitute engaging in building or construction. - 5 - CITY OF BEAUMONT INSURANCE REQUIREMENT AFFIDAVIT To be Completed By Appropriate Insurance Agent and submitted with bid proposal. I,the undersigned Agent/Broker,certify that the insurance requirements contained in this bid document have been reviewed by me with the below identified Contractor. If the below identified Contractor is awarded this contract by the City of Beaumont,I will be able to, within ten(10)days after being notified of such award, furnish a valid insurance certificate to the City meeting all of the requirements defined in this bid. Agent(Signature) Agent(Print) Name of Agency/Broker: Address of Agent/Broker: City/State/Zip: _ Agent/Broker Telephone#: CONTRACTOR'S NAME: (Print or Type) NOTE TO AGENT/BROKER If this time requirement is not met,the City has the right to invalidate the bid award and award the contract to the next lowest bidder meeting specifications. Should an awarded bid be invalidated the Contractor may be liable for breach of contract. If you have any questions concerning these requirements,please contact the Purchasing Manager for the City of Beaumont at(409)880-3720. -6- CERTIFICATE OF INSURANCE Form No.C0131 Edition Date: 12/12/2012 '. . Page 1 of 3 This form is for informational purposes only and certifies that policies of insurance listed below have been issued to insured named below and are in force at this time. Notwithstanding any requirements, term or condition of any contract or other document with respect to which this certificate may be issued or may pertain,insurance afforded by policies described herein is subject to all terms, exclusions and conditions of such policies. Prior to the beginning of work, the vendor shall obtain the minimum insurance and endorsements specified. Agents must complete the form providing all requested information and submit by fax, U.S. mail or e-mail as requested by the City of Beaumont("COB"). The endorsements listed below are required as attachments to this certificate,-copies of the endorsements are also acceptable. PLEASE ATTACH ALL ENDORSEMENTS TO THIS FORM AND INCLUDE THE MATCHING POLICY NUMBER ON THE ENDORSEMENT. Only City of Beaumont certificates of insurance are acceptable;commercial carriers' certificates are not. This certificate shall be completed by a licensed insurance agent: Name and Address of Agency: City of Beaumont Reference: Project Name: Project Location: Phone: / Managing Dept.: Name and Address of Insured: Project Mgr.: Insurers Affording Coverages: Insurer A: Phone: / Insurer B: Prime or Sub-Contractor?: Insurer C: Name of Prime Contractor, if different from Insured: Insurer D: INSR TYPE OF INSURANCE POLICY POLICY EFF.DATE POLICY EXP. LIMITS OF LIABILITY LTR NO. (MM/DD/YYYY) DATE (MM/DD/YYYY) Commercial General Liability Policy Each Occurrence $ As defined in the Policy, does the Policy General Aggregate $ provide: Completed $ ❑Yes ❑ No — Completed Operations/Products Operations/ Products Aggregate ❑Yes ❑ No — Contractual Liability Personal& $ Advertising Injury $ ❑Yes ❑ No — Explosion Deductible or Self Insured Retention - 7- .r.. CERTIFICATE OF INSURANCE Form No.COB1 Edition Date: 12/12/2012 Page 2 of 3 INSR POLICY POLICY EFF.DATE POLICY EXP. LTR TYPE OF INSURANCE NO. (MM/DD/YYYY) DATE LIMITS OF LIABILITY (MM/DD/YYYY) ❑Yes ❑No — Collapse ❑Yes ❑No — Underground ❑Yes ❑No — Contractors/Subcontractors Work ❑Yes ❑No — Aggregate Limits per Project Form CG 2503 ❑Yes ❑No — Additional Insured Form—CG 2010 ❑Yes ❑No — 30 Day Notice of Cancellation Form-CG 0205 ❑Yes ❑No — Waiver of Subrogation Form-CG 2404 Pollution/Environmental Occurrence $ Impairment Policy A re ate $ Auto Liability Policy CSL $ As defined in the Policy, does the Policy provide Bodily Injury $ Per Incident ❑Yes ❑No — Any Auto Bodily Injury $ (Per Person) ❑Yes ❑No — All Owned Autos Property Damage $ (Per Accident) ❑Yes ❑No — Non-Owned Autos ❑Yes ❑No — Hired Autos ❑Yes ❑No — Waiver of Subrogation -CA0444 ❑Yes ❑No — 30 Day Notice of Cancellation-CA0244 ❑Yes ❑No — Additional Insured-CA2048 ❑Yes ❑No — MCS 90 Excess Liability Occurrence $ • Umbrella Form • Excess Liability Follow Form A re ate $ Workers Compensation& ❑ Statutory Employers Liability As defined in the Policy, Each Accident $ does the Policy provide ❑Yes ❑No — Waiver of Subrogation -WC420304 Disease- $ Policy Limit ❑Yes ❑No — 30 Day Notice of Cancellation-WC420601 Disease- $ Each Employee Is a Builders Risk or $ Installation Insurance Policy provided? ❑Yes ❑No ❑Yes ❑No — Is the City shown as loss payee/mortgagee? Professional Liability As defined in the Policy, Each Claim $ does the Policy provide: ❑Yes ❑No — 30 Day Notice of Cancellation Deductible or Self $ Retroactive Date: Insured Retention - 8 - CERTIFICATE OF INSURANCE Form No.COW Edition Date: 12/12/2012 .ow . Page 3 of 3 AGENT CERTIFICATION: THIS IS TO CERTIFY TO THE CITY OF BEAUMONT that the insurance policies above are in full force and effect. Name of Insurance Company. Name of Authorized Agent: Company Address: Agent's Address: City: State: Zip: City: State: Zip: Authorized Agent's Phone Number(including Area Code): Original signature of Authorized Agent: X Date: CERTIFICATE HOLDER: DATE ISSUED: City of Beaumont P. O. Box 3827 AUTHORIZED REPRESENTATIVE SIGNATURE Beaumont, Texas 77704-3827 Licensed Insurance Agent Printed Name: -9- RICH WITH OPPORTUNITY [1EA,[111011* T • E • X • A •-S City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager MEETING DATE: October 29, 2013 REQUESTED ACTION: Council consider a resolution casting the City*s votes (430) for C. L. Sherman for the Board of Directors of the Jefferson County Appraisal District. BACKGROUND C. L. Sherman currently serves on the Board of Directors of the Jefferson County Appraisal District. The terms of the current Board members expire on December 31, 2013. A letter from Roland Bieber, Chief Appraiser, is attached for your review. RECOMMENDATION Approval of the resolution. Jefferson County Appraisal District (409) 840-9944 P O. Box 21337 4610 S.Fourth St. (409) 727-4611 Beaumont,Texas 77720-1337 Beaumont, Texas 77705 Fax (409) 727-5621 CHIEF APPRAISER October 21. 2 01 MEMBERS OF THE BOARD Roland R. Bieber,RPA C.L. Sherman,Chairperson Charles Lankford,Secretary J. Shane Howard Miriam K.Johnson Eugene Landry ZI Mrs. Becky Ames Dr. Louis Reed,Jr. Mayor City of Beaumont P 0 Box 3827 Beaumont TX 77704 Dear Mayor Ames: In accordance with Section 6.03(0 of the Property Tax Code, I have enclosed a copy of the ballot of the nominees for the Jefferson County Appraisal District Board of Directors for the 2014 - 2015 term of office. All five positions on the Board of Directors are up for re-election. You may cast all of your votes for one nominee or distribute them as you wish among the nominees. Each taxing unit entitled to vote must cast its votes in the form of a resolution adopted by its governing body and submit it to me before December 15, 2013. Please refer to the enclosed voting allocation to determine the number of votes your entity is entitled to in this election. The nominee receiving the majority of the votes of the conservation and reclamation districts will receive all of the votes cast by these districts. Sincerely, 12o and R. ieber, RPA Chief Appraiser pjb Enclosures - 2 Mr. Kyle Hayes, City Manager JEFFERSON COUNTY APPRAISAL DISTRICT Voting Allocation for 2014 - 2015 Board of Directors Based on 2012 Tax Levies % of Total 2012 Tax Levy Tax Levy # of Votes Drainage District #6 $17,648,906.00 3.51 % 175 Drainage District #7 $18,372,036.00 3.65% 183 Navigation and Waterways Dist $6,843,582.00 1 .36% 68 Port of Beaumont $6,282,360.00 1 .25% 63 Port of Port Arthur $11 ,024,636.00 2.19% 110 Port of Sabine Pass $545,656.00 0.11 % 5 Trinity Bay Conservation Dist $75,922.00 0.02% 1 WCID #10 $867,334.00 0.17% 9 SUBTOTAL C & R DISTRICTS: $61 ,660,432.00 12.26% 614 Jefferson County $91 ,436,681 .00 18.18% 909 Beaumont ISD $121 ,663,215.00 24.18% 1 ,209 Hamshire-Fannett ISD $9,607,030.00 1 .91 % 96 Hardin Jefferson ISD $7,003,433.00 1 .39% 70 Nederland ISD $22,971 ,196.00 4.57% 228 Port Arthur ISD $68,336,968.00 13.58% 679 Port Neches-Groves ISD $36,510,874.00 7.26% 363 Sabine Pass ISD $8,398,524.00 1 .67% 83 City of Beaumont $43,314,307.00 8.61 % 430 City of Bevil Oaks $105,901 .00 0.02% 1 City of Groves $4,567,540.00 0.91 % 45 City of Nederland $5,660,138.00 1 .13% 56 City of Port Arthur $'15,990,343.00 3.18% 159 City of Port Neches $5,863,595.00 1 .17% 58 SUBTOTALS: $441 ,429,745.00 87.74% 4,386 TOTALS: $503,090,177.00 100.00% 5,000 ELECTION BALLOT Jefferson County Appraisal District Board of Directors, 2014 - 2015 Term of Office The following individuals have been nominated: Miriam Johnson Eugene Landry Charles Lankford Dr. Louis Reed C. L. Sherman RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Council hereby casts all of its votes for C. L. Sherman to the Board of Directors of the Jefferson County Appraisal District. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 29th day of October, 2013. - Mayor Becky Ames - RICH WITH OPPORTUNITY G BEA,U11011 T • E • X • A • S City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tyrone E. Cooper, City Attorney MEETING DATE: October 29, 2013 REQUESTED ACTION: Council consider a resolution authorizing participation with other Entergy service area cities in Public Utility Commission Docket No. 41850. BACKGROUND On July 30, 2013, the City Council passed a resolution conditionally supporting a proposal by Entergy Texas, Inc. and ITC Holdings Corp. regarding the change of ownership and control of the transmission business to ITC Holdings Corp. The resolution indicated support of a public interest finding by the Public Utility Commission of Texas contingent on the approval of the terms and conditions as reflected in the commitments made by Entergy and ITC Holdings addressed by the Administrative Law Judges and contained in the Cities expert testimony in the initial application seeking approval of the transfer. ETI and ITC have since re-filed their application for approval so as to include, as part of the evidence and record in the case, the commitments made to the service area cities as well as the Cities resolutions of support. The Cities' Service Area Steering Committee met to discuss what level of intervention the Cities needed to have in the re-filed case in order to ensure that the commitments made to the Cities were honored. The decision was to monitor the proceedings before the PUG in order to ensure that the relief granted is consistent with the Cities resolution supporting a public interest finding. The resolution provides for continued participation with the Cities' Steering Committee to monitor the proceedings before the PUC through its attorneys and consultants. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of ordinance. RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF BEAUMONT, TEXAS, AUTHORIZING PARTICIPATION WITH OTHER ENTERGY SERVICE AREA CITIES IN PUBLIC UTILITY COMMISSION DOCKET NO. 41850. WHEREAS, Entergy Texas, Inc.'s ("ETI") and ITC Holdings ("ITC") have filed a joint application for approval of change of ownership and control of transmission business, transfer of certification rights, and related relief with the Public Utility Commission of Texas ("PUC" or "Commission"), docketed as Docket No. 41850; and, WHEREAS, the City has passed a Resolution supporting a finding of public interest for ETI's and ITC's proposal for change in ownership and control of the transmission business and transfer of certification rights conditioned upon the Commission's approval of the commitments made by ETI and ITC to Cities and referenced in City's Resolution; and, WHEREAS, ETI and ITC have re-filed their application for approval of change of ownership and control of transmission business, transfer of certification rights, and related relief so as to include the commitments made to Cities as part of the record evidence in the case; and, WHEREAS, Cities have standing in each case before the Public Utility Commission of Texas that relates to an electric utility providing service in the municipality pursuant to TEx. UTiL. Code § 33.025; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statement and findings set out in the preamble to this Resolution are hereby in all things approved and adopted; and, SECTION 1. The City of Beaumont shall participate with other Cities as part of the Entergy Texas, Inc. Service Area Steering Committee in ETI's and ITC's joint application for approval of change of ownership and control of transmission business, transfer of certification rights, and related relief filed with the Public Utility Commission in 2013 and shall seek appropriate regulatory relief consistent with the City's Resolution conditionally supporting a public interest finding. SECTION 2. The City is authorized to join with other municipalities as part of the Entergy Texas, Inc. Service Area Steering Committee. SECTION 3. The City employs The Lawton Law Firm, P.C. to represent the City with regard to the proposed transaction before state regulatory authorities and any court of law with the understanding that the Steering Committee will provide direction and guidance to the lawyers who are representing said cities. The City authorizes counsel to employ such rate experts as are recommended by the Cities' Steering Committee. SECTION 4. The meeting at which this Resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. SECTION 5. This Resolution shall be effective from and after the date of its passage. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 29th day of October, 2013. - Mayor Becky Ames - ATTEST: City Secretary APPROVED AS TO FORM: RICH WIT1( OPPORTVNITY 11EA,11M0N* T • E • A - A - $ REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS OCTOBER 29, 2013 1:30 P.M. AGENDA CALL TO ORDER * Invocation Pledge Roll Call * Presentations and Recognition * Public Comment: Persons may speak on scheduled agenda items 5-7/Consent Agenda * Consent Agenda GENERAL BUSINESS 1. Consider an ordinance approving a specific use permit to allow for expansion of a pipe processing, storage, and shipping facility in an LI (Light Industrial) District at 5780 Hagner Road 2. Consider an ordinance approving a revised specific use permit to allow an expansion of a financial planner's office in an RM-H (Residential Multiple Family Dwelling-Highest Density) District at 4184 Treadway Road 3. Consider an ordinance approving the abandonment of a 5' x 112.63' utility easement(sanitary sewer)that roughly bisects Lot 5 and part of Lot 6, Block 11 of the Fourth Street Acres Addition 4. Consider a request for abandonment of a 10' x 138' long utility easement at 5690 Kingswood Drive 5. Consider a resolution awarding a six month contract to APAC-Texas, Inc. for the purchase of asphaltic concrete for use by the Streets and Drainage Division 6. Consider a resolution authorizing the City Manager to execute Amendment No. 1 to the Interlocal Agreement with Jefferson County Drainage District No. 6 for the Lucas SRL Relief Project 7. Consider a resolution authorizing the City Manager to enter into a contract with Legacy Community Development Corporation for HOME Investment Partnerships Program funds from the Department of Housing and Urban Development COMMENTS * Councilmembers/City Manager comment on various matters * Public Comment (Persons are limited to 3 minutes) EXECUTIVE SESSION * Consider matters related to employment, evaluation and duties of a public officer or employee in accordance with Section 551.074 of the Government Code to wit: Chief Magistrate —Craig Lively 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 October 29, 2013 Consider an ordinance approving a specific use permit to allow for expansion of a pipe processing, storage, and shipping facility in an LI (Light Industrial) District at 5780 Hagner Road RICA WITH OPPORTUNITY r rk .[I I I C1 11' T • E • X • A • S City Council Agenda Item TO: City Council FROM: Kyle Hayes, Cit Manager PREPARED BY: Chris Boone, Director of Planning and Community Development MEETING DATE: October 29, 2013 REQUESTED ACTION: Council consider an ordinance approving a specific use pen-nit to allow for expansion of a pipe processing, storage, and shipping facility in an LI (Light Industrial) District at 5780 Hagner Road. BACKGROUND Robert Hooper, on behalf of National Oilwell Varco-XL Systems, has applied for a specific use permit. The facility has been located on the site since 1985. Currently, the site is primarily used for storage of pipe in various stages of processing. The proposed expansion would involve the removal of two existing buildings and the construction of three new buildings, including two warehouse/production facilities and an office building. Parking will be constructed as required by ordinance, and utilities exist on the site to handle expected demand to meet the requirements of the City. Please note that final occupancy approval is subject to review and acceptance of submitted plans and field inspections to verify compliance with applicable codes. At a Joint Public Hearing held October 21, 2013, the Planning Commission recommended 6:0 to approve a specific use permit to allow for expansion of a pipe processing, storage, and shipping facility in an LI (Light Industrial) District at 5780 Hagner Road. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of ordinance. SPE-01,1C LSE I3 EA UIN I()NT,TE-X A S J:) [fit I'i "( 11-(M (A [if \1 %lovi, it \m' D I t-W6TV)`k-' 77-- -1-7,9&-3 :''— -/)'B- 3 3el �3F,- -YVIS ,\-\\If i)l (MI'Ll? f44&t IZID. r-4--'Au14Wr —7-'. 5 e;,,Z AIZO (If 111MI'L10 Y: p ()R 'I R A('I I I I.A I WNIHIR Of Vill— ter' 'NCIN1131.1t 01-ACRI-S I In I'l qupertivs Plot in;t levoldrd suilditi0oll,>Illltllil.1 cop) of n clarclit slsj-Nc� ol plm shim ing Iltv prop:sties proposed for 11 specific use I'vi-mil,and 31 completv 10"411 field note descriplioll. /-i i WDOSTP-W, N E, Is-6 As FIP4- 5 O /A'I I ACII A LETT I-H d c,crihitIL,ll II pr"':cNsc<"fild;Icii,i I ivs i)IN"I,etl%x i III the pwpoad o'c' A"I-[A(I I ASETT:VI.AN dra%,it to IN i 0 1 the inli,rwo I ion listed ol;file loll baZl,'id'.of I It i<'heN'(- A*IT A(II A IRE D I.1(1-1)8 !." N I I" H 10TOCOP)l I E S I TI'PLAN, 111 L LKAH CON D H IONS I imctloll the back sideol'ilos A Iv':I must Ilk:Ill"t"Jore(-it.\ Council van pratil;I spcciilc u�c pannit, PIT A,F ADDRLSS I'ACII CONDITION IN DETAIL. A]'I A CI I TI 11: -1 PPR 0 I'R I AT E APPLICATION FE E.- I I I t.-A('T%1:............... '.-ACRE OR NIORE AND I I-SS Ill AN 5 ACIZFS..... 5 ACRES OP MORE.-- V,q),00 I.bciq-flic 1.1141crm"nal appholm,unkloswild that i111 ill the omdlliojl>,dilncll:ioti'.i'llilklill,we"kmd>cllpilq"1111d parking we'l,drpicicll oll dw it L.p4t shall he:,ill locil to;Is autande la r cvfN'City C'ItmciI A '�TTHCA I: DA I E: q. 7 13 MW�A I URi 01 OWNI,R,:__ -5- I'LEA'—,L I't V1 Ul' PRIM AND'-,I I B%I I 1 -10: ('11)'01 BEAUMON1 PL ANNING DIVISION SO] MAINS-1 RLTI,R0CAl 201 1IIAL1,NI0N1.'l\' 7771)I Ill DAII I'lugie-1409)RX (409)SMI 31;91 PIS 4'I 41AKI %"It Rik jj:NI NII)l ill i I(tI'l A111 RIGAKI)IM,1111 IMI I*Wlitsll5t sl4 Nm)m 11\1111 CO, Introduction This proposal would purchase land adjacent to the current facility, build a new production building, an office and a warehouse in order to double our current capacity. The additional capacity would beused to support worldwide needs when our other plants are full. Current plant The Beaumont facility was opened in 1985 in order to thread large diameter pipe to make conductor arid casing for shallow water drilling, More than half of the products we now sell involve welding connectors onto pipe which was not envisioned back in 1985.The bulk of the current 40 acre site is taken up by pipe storage racks,which hold both raw material and finished products we store until customers need them. The plant has two horizontal threading machines,one horizontal lathe,two vertical turret lathes,one beveller, and two Stingray welding units. The threading machines are used to thread pipe.The smaller lathes are used to thread connectors and metal protectors.The two threading machines and two Stingrays are in four different buildings and pipe is moved around by fork lift from station to station to complete the various,fabrication operations, which is very inefficient and creates aconstant safety hazard. Non-destructive evaluation (NDE) of the welds is currently done by a third party X-ray company in a remote area of the plant dedicated for Such.Similarly, post weld heat treatment(PVVHT)is also done by a third party on some dedicated rocks. The new production building is being designed for production welding. it has a double-ended welding line where rovv pipe can be turned into conductor by welding connectors onto each end in an in dine production environment. Each side of the line has a bevp||er' n Stingray welder,a grinder. a UT NDE station and a post weld heat treatment area. |f any weld fails the NDE inspection the pipe is extracted from the line and repaired atan adjacent manual welding station so production is not halted. }tbmuch more efficient use of equipment and personnel. The current Beaumont site has office buildings in three locations in the plant and an additional office plus a warehouse on leased property adjacent to our land,which property is currently vp for sale, The leased office outside nf our premises,which houses the most people of any of the office buildings,isa security risk and the warehouse where we store our connectors and protectors is at the furthest point from the production buildings. The Beaomont plant is also used to prepare all R&D samples and perform welding qualifications for our worldwide operations. After the 2UlOK8acondu disaster the focus of customers on materials and welding qualifications has increased dramatically and each welding qualification can take several weeks of capacity away from one of our two welding machines over a period of a couple of months, SA R C 0 New facility plan Two roads lead into the cvneru plant: l)trucks enter the plant on Gorman Rood on the western side of the plant, 2) most of the staff and visitors enter the plant on Hagner Road on the eastern side. These are the main aspects o/the building plans: • Purchase acres to east of Gorman Road adjacent to north side nf current facility. • Build a2OOf x 100ft warehouse with loading dock and shipping and receiving on two acres of that new land. Use the other five acres for pipe storage racks for incoming pipe and staging area for outgoing pipe. • Demolish the current Gl building(shipping& neceiving),the 62 building (QA+ general meeting 'oom)and the small lathe building. • On the area where wecurrently have G| + 62+ pipe racks there will bea new building incorporating C l50ftx120ft double ended threading line for 40tjoints � 300ft x I30ft double ended welding line for 40ft joints.Will have bevel,weld,grind, ND[' PVVHTand weld repair inthis building. � 15Oftx40ft area for small lathes o QA office, maintenance office and locker/break room • Build 200ft x 10Cft single story office + parking on east side of Hagne/where old pipe racks are. This is how the operation would typically be done in the new plant: • Load pipe onto main racks and connector into welding shop using fork lifts • Bevel ends ofpipe • Weld box connector • Grind weld • NDE (either UT or computed radiography) both ends. NDE would be done by our personnel & equipment • |f needed,doPVvHT using our personnel & equipment • Move pipe to adjacent threading production building • Thread pin onto pipe& apply phosphate • Thread box connector & apply phosphate • Move pipe onto take-off racks &then to main racks using fork lifts Page ORDINANCE NO. ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW THE EXPANSION OF A PIPE PROCESSING, STORAGE,AND SHIPPING FACILITY IN AN LI (LIGHT INDUSTRIAL) DISTRICTAT 5780 HAGNER ROAD IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS, Robert Hooper, on behalf of National Oilwell Varco-XL Systems, has applied for a specific use permit to allow for expansion of a pipe processing, storage, and shipping facility in an LI (Light Industrial) District at 5780 Hagner Road, being Block 106 Lots 1 and 4, Block 111 Lots 2-4, Block 112 Lots 1-5, Block 113 Lot 7, Block 121 Lot 3, Block 122 Lot 1, and Block 123 Lot 1, JA Veatch Abstract, City of Beaumont, Jefferson County, Texas, containing 47.125 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 expansion of a pipe processing, storage, and shipping facility in an LI (Light Industrial) District at 5780 Hagner 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 expansion of a pipe processing, storage, and shipping facility in an LI (Light Industrial) District at 5780 Hagner Road, being Block 106 Lots 1 and 4, Block 111 Lots 2-4, Block 112 Lots 1-5, Block 113 Lot 7, Block 121 Lot 3, Block 122 Lot 1, and Block 123 Lot 1, JA Veatch Abstract, City of Beaumont, Jefferson County, Texas, containing 47.125 acres, more or less, as shown on Exhibit "A," attached hereto, is hereby granted to National Oilwell Varco-XL Systems, 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 29th day of October, 2013. - Mayor Becky Ames - 8-P:-P "ne and hippin" I, ` acllltry Request for a Specifle use permit for a pipe processing, storau s ifl an Ll (Light Industrial) District, '�OcAjon: -5780flagnerRoad �ppllcant: Robert flooper 0 500 Feet R- Legend M 2188p RM-H M-Ht RM, H GC- D -H ppp / GC-MD E 1!Q R I D'A-7A.'V,E� M; Hw- GC.M,D R A G C-MD- .S iL U RM-Fl 7-------7 EXHIBIT ',A„ i e I urban URBAN CONSMI)CT"I 1 OVERNL SUF LLI �U IF; AT 7 R -Ora )(1_5pSYSTEMS T1 u Jim Uj IL I M11 1 41 IF -4 Oil L— CS Lli J t1 0 CO HIM V 771T 711*111 1 C,MMin M;I t ff 60_ I i I I I Itl i I Plan OFF-1 1-F I s p 1 1 r rrb, Y4 rR ,i I +y?1Y U12t7q(7 _.... ...,- .,._. __,,. . CONSTRUCDON Sbtfttr�.+ES r tnc. TI H LI l T r44i t?I'E 1 SIT , CiM5 j Acf-6�� y i XLOS'Y'STEMS _ I - I 7 , f Tit _ I i -- -_-_ � ri I�llLL �.�►�t��f:'�1Z ��C.k�lr��lN1L Mli �*1L 1 NG1 (U i a L.�� w. uc � II tifl17,11ifIT illliltil�� Mastef Site Plan �i ! ! I Ii Ilil_I II -1 T I1 1 -T �.., • i (.l'I � Al4$7�R SI CE PLAN �' -- __ &A-re 7th C:F p9DF6zTy SEVICC, A17-BA5 urban URBAN CONSIRUCT11ON SO'M ST,Inc. Lo-aLoll—FIll,SIIE --JL- Fr I Eli- 71 SYSTEMS F .N rat T- it r It UJ C LD i L I A Jl� ;tc mastc! S 171-7T-1-Tv 11 TICE I AlASTERStTE PLAN spi .1 urban rye>'y URBAN CONS)RUC ON rnT rr 02 0 pyyp l fi — 3 XI SYSTEMS i �. Lu r { I i ! V ��� -� x 1n, I , ° �_,• � '`°� �yl I I E! rll 5♦' y o H -�{� -2 _ `:S SCI ❑I { _ ff y�lrl ' t�/ .__ ..M .. - ND T O y/�''� 1`, t • z nz'�- �� tt TF I( 1Iir7q� �i IT Fi III1Ih �„ fl• -� w z s .r Master Site,R tat, Imp 1 1)9 l "IS"'SIT F(11 rely dl ....'�i�pr e�'�oJ►..+#� 9: v��r.� �.'1 F IM 2 `i� J W �� - ��� Sy, � ld' •.1, KLrSY..r.mF �, .�"' . x ! A qq' ° s h p:a r g'� ► 1� } 3 r n4 A ���� ���'ter 4-'♦ u:�kM 'd f ,r �; ZA 1 DK t � 3 fnz ��y t t ,r A;t .r t" a `'a V �pr�aY Y a r < s 'F 2 October 29, 2013 Consider an ordinance approving a revised specific use permit to allow an expansion of a financial planner's office in an RM-H (Residential Multiple Family Dwelling-Highest Density) District at 4184 Treadway Road RICH WITH OPPORTUNITY r C � T • E • X • A • s City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager R PREPARED BY: Chris Boone, Director of Planning and Community Development MEETING DATE: October 29, 2013 REQUESTED ACTION: Council consider an ordinance approving a revised specific use permit to allow an expansion of a financial planner's office in an RM-H (Residential Multiple Family Dwelling-Highest Density) District at 4184 Treadway Road. BACKGROUND Tim Satre, on behalf of Satre Investments, LLC, has requested a revision to an existing specific use permit. The initial specific use permit was approved in 1998. At that time, the existing residential building was modified into office space and parking was added. The proposed expansion includes the construction of two new buildings for the expansion of his business. The proposed buildings would be one story buildings and would not visually impact the surrounding neighborhood. Parking will be constructed as required by ordinance, and utilities exist on the site to handle expected demand to meet the requirements of the City. Mr. Satre is requesting a waiver to the 8' privacy fence on the south side of the property. In addition he is requesting a waiver to landscape and screening requirements along the north and south property lines. Please note that final occupancy approval is subject to review and acceptance of submitted plans and field inspections to verify compliance with applicable codes. At a Joint Public Hearing held October 21, 2013, the Planning Commission recommended 6:0 to approve a revised specific use permit to allow an expansion of a financial planner's office in an RM-H District at 4184 Treadway Road with the following condition: • Based on aerial views of the site, it appears the building to the south is currently buffered by trees; therefore, if trees are removed as part of this expansion project, the required fencing should be waived only for the front 200' of the south property line. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of ordinance with the following condition: • Based on aerial views of the site, it appears the building to the south is currently buffered by trees; therefore, if trees are removed as part of this expansion project, the required fencing should be waived only for the front 200' of the south property line. SPECIFIC USE PERMIT APPLICATION BEA S (Chapter zx.CovC"d `) !D: 1]11 N\|HU COMM|3S|0N &NDOTY00ONCU CITY OF }\EAO>101.\T' TEXAS APpUCAvr3 NAN[: APPL\CA\[3 F S H V\ y|| NaKiC0[ouNEK ADDRESS 01, oV/MEK � Az|0[�T|KHoFPFu`{`CK[Y LEGAL DESCRIPTION OFPROP[Kr/: ' LOT N10.1 OR TRACI u///'uNu PLAT_ ADDI FION AV- For properties not in, recorded subdivision,submit xxnp�ofx current survey v,plat,b""ing the properties proposed for u specific use permit,o^o n,vmp|r.r|oou|fie|d note description. 17 ,K0P0SI'urSE ATiAr8 A /.FITTuK describing Lill processes and nchvxirsinwdndwkh thermpv�cd uses. ATTACH A S|T6 PLAN dnu,n to s,dx with the inK/nnudoo listed on the top hack side v(U,i,/hoct. ATTACBA RED[CED8'/2`'% i\^ PUVT0C0y}0F THE SITE PLAN. THE EIGIITCONDITIONS listed on the back side ofthis sheet must be niet hel'ore('it\ Council cangrantil specific uic permit. PLEASE xDDB0SS EACH CONDITION lNDETAIL. ATTACH THE APPROPRIATE,APPLICATION FEE-: | L3STHAN !,ACRE......—......... -----...................... ......S2.�000 ,A[K[0Ky00|<[ANU LESS TIAN �CKES..... ............�S'450.O0 � tCR[S OR \4()KE-- ...........— ... ... ............ ......... ...........%65V.00 I. tein�o the uJooiLncd applicant.understand Uh all ofthe conditions.Jimensions,b i|0ir)L sizes. landscaping and parki i the SIGNA-111iU OF PLANNINGD!VlBON DO| MAIN gTRE6F ROOM 201 DLxUK|01T�TX 77701 1111",N[m8[x: DATEKEC[|vFV Pbonc-/40v 88o-3764 ' Fxx (409)880-31 3 September 25, 2013 City of Beaumont Att: Mr. Kyle Hayes City Manager Re: 4184 Treadway Rd. Beaumont, Texas 77706 From: Satre Investments LLC, Tim C. Satre, Managing Partner Mr. Hayes, I originally purchased this property in 1998 to provide office space for Satre Financial Group Inc.. At that time I applied and received a specific use permit and have been operating under that permit since 1998. In 2005 1 started Satre Investments LLC to own and manage all commercial real estate that I owned and in October of 2006 ownership of this property was transferred from Tim & Alicia Satre to Satre Investments LLC. Satre Financial Group in 1998 until 2012 ran a financial planning practice associated with Raymond James Financial Services, which home office is located in St. Petersburg, Florida. In August of 2012 1 switched my affiliation from Raymond lames to Ameriprise Financial Services whose home office is located in Minneapolis, Minnesota. My services have remained the same as I provide financial planning and asset management for individual families, and small businesses. EDS LLC, also managed by Tim Satre is also housed out of this building which provides tax planning advice and preparation to individuals and small businesses as well as divorce planning services to individuals and their attorneys since 2002. We currently have 4 total employees for both businesses including myself. My plan is to build a new building to accommodate the growth of both these businesses. I will keep the existing structure in place with a few updates and improvements to lease to other professionals such as attorneys, CPA's, insurance agents, mortgage brokers and other financial service professionals to provide a "One Stop Shopping" for all the above services that these professionals provide. I have discussed this idea with some of the current professionals I work with and it has been received favorably, but with one caveat; they need to see what the building would look• like. In essence I am operating under the "Field of Dreams Theory", build it and they will come. Assuming the city will continue to allow me to operate under a new specific use permit, I will submit for approval all improvements according to the adopted building codes by the appropriate professionals assisting me in construction. If you would like more information regarding the above businesses you may go to www.ameriprise com, and www.divorceandmoneyhelp.com to review these services. s muted, Resp I C. - tre Managing Partner Satre Investments LLC Regarding the attached site plan: I would like an exemption on the 8' privacy L;T-A-.\ fence on the=t side of the property. In addition to this exemption I also would like an exemption on the landscaping screening on the North,-West and the South side of the property. These exemptions are reflected in the site plan submitted. I Cl/ ,?4332 T!,'A SAI'IFE FAGE hr rENC:t! P"" AREA PLOT AN 1r77 7w.I R" T�R 10� 1:� G M FL rD22 5 ALL 01F. I`4R7 OF BL< IN C-OLL i E,�' 414RV IFFR 14rDr— LU 3c4LI—CNT TX, 17Q f. gg/,�/// PE:v NOTES: " 3U51NE5eE75 IN EACH NEW eUL1)1N(:-. N X 4 1 465'1-STANT L',-OLE APT'�CXIT k- I TO 2 CLIENTS FOR A SCHZDuLEZ) LJJ AP O lNTT-TIHNT FOR E4GN 5U51NE.SSrHS IN A .WEN _7, I ,N !N(-3 15FAr-E$ v c.�' m 27 TO iAL NEW FARK TO 7,GL NEW 4174 FAR-<;ING -evf�ACE5 = 2 iy N-E-LU LAN'✓5(-4=E 5CREENINC-, WILL r:,S, 74LL OLE x!T Im 3' 7AL-! 4ZEL14,6 eU5H OR EVERSIR-EEN M E,15T, 5,Y IV LJ�4;=N 714JURE A—Roy, W WT, W'e"V�l NEC DRMM-4Y WI! I E3-= (.�ONCRE7 C�REEN EXAC-I T-1=-A3U"RET-`t!ENT& OF AND LCC�,�%TION .4MC4 OF FXSTING SUiLDING N07 r--ONiHRMED FAY fir?=Ehi4' DRAWING aOARE) EIE-\=7 "!CC) ----------- ,CLE (--L06-F&T LC C A 71ON' EXISTINC'-- FIRE H-I�P4NT e. 5TREE7 FFON eAJRZ INV=5'11-!EN-5 14 rXI A*LA LIIHTEZ;� S�<-.N 5F14r,iA� i T LAL< *Approval with the followim-, condition: EX15T, t • Based on aerial �iews of the site, it appears the buildin,� to the South is currently buffered by, trees;therefore,if trees are 1-emoved as part of this expansion project,the required fencing 7"pzw4DU"4 should T; be waived only for the front 20W of the south property line. 2X17 -F-RCIAL 517 PLA1N 517E INFORI-1,470N FROVIDED 31' OWNER AND NOT r-Y EREND54;S ORDINANCE NO. ENTITLED AN ORDINANCE ISSUING AN AMENDED SPECIFIC USE PERMIT TO ALLOW AN EXPANSION OF A FINANCIAL PLANNER'S OFFICE IN AN RM-H (RESIDENTIAL MULTIPLE FAMILY DWELLING-HIGHEST DENSITY) DISTRICT AT 4184 TREADWAY ROAD IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS, on August 11, 1998, City Council approved Ordinance No. 98-51 issuing a specific use permit to Tim C. Satre to allow a financial planning and brokerage office in an existing residence in an RM-H (Residential Multiple Family Dwelling-Highest Density) District at 4184 Treadway at Collier Road intersection, City of Beaumont, Jefferson County, Texas; and, WHEREAS, Tim Satre, on behalf of Satre Investments, LLC, wishes to amend the specific use permit to allow the construction of two new buildings for the expansion of the business and to allow a waiver to the 8' privacy fence requirement on the south side of the property and a waiver to landscape and screening requirements along the north and south property lines in an RM-H (Residential Multiple Family Dwelling-Highest Density) District at 4184 Treadway Road, being Tract 109 F, Plat D-22 of the F. Bigner Survey, City of Beaumont, Jefferson County, Texas, containing 0.92 acre, more or less, as shown on Exhibit 'A" attached hereto and made a part hereof for all purposes; and, WHEREAS, the Planning and Zoning Commission of the City of Beaumont considered the request to amend the specific use permit to allow the construction of two new buildings for the expansion of a financial planner's office and to allow a waiver to the 8' privacy fence requirement on the south side of the property and a waiver to landscape and screening requirements along the north and south property lines in an RM-H (Residential Multiple Family Dwelling-Highest Density) District at 4184 Treadway Road, subject to the following condition: • Based on aerial views of the site, it appears the building to the south is currently buffered by trees; therefore, if trees are removed as part of this expansion project, the required fencing should be waived only for the front 200' of the south property line and, WHEREAS, the City Council is of the opinion that the amendment 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 OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, Section 1. That Ordinance No. 98-51 be amended by amending the specific use permit granted to Tim Satre, on behalf of Satre Investments, LLC, its legal representatives, successors, and assigns for that certain tract shown on Exhibit "A," attached hereto and made a part hereof for all purposes, to allow the construction of two new buildings for the expansion of the business and to allow a waiver to the 8' privacy fence requirement on the south side of the property and a waiverto landscape and screening requirements along the north and south property lines in an RM-H (Residential Multiple Family Dwelling-Highest Density) District at 4184 Treadway Road as reflected in the site plan attached hereto and made a part hereof for all purposes as "Exhibit "B," subject to the following condition: • Based on aerial views of the site, it appears the building to the south is currently buffered by trees; therefore, if trees are removed as part of this expansion project, the required fencing should be waived only for the front 200' of the south property line. Section 2. Notwithstanding the site plan attached hereto as Exhibit"B,"the use of the property herein above described shall be in all other respects, subject to all of the applicable conditions and regulations contained in Ordinance No. 98-51 and the regulations contained in Chapter 28 of the Code of Ordinances of the City 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 29th day of October, 2013. - Mayor Becky Ames - [FIle 2189-P: Request for a revised specific use permit to allow an expansion of a financiai 'N Manner's office in an RM-H (Residential Multiple Family Dwelling-Highest Density' )istric't. ia.,ovation: 4184 Treadway Road N T )Iicant: Tim Satre, on behalf of Satre Investments, LLC o 200 400 Feet Legend G2 2189P + fi R-S- Cn All GC-MD RM-H C7LLIFR A. RM-H GC-MD RM-H INS EXHIBIT "A" It /1 r 2";13 114 TIM 2 Jl E r=:IC= APEA PLO T FL AN '\LT.TOLE NEW I 1%�pl�poor H/l/X/, Z15-4 TFRE,47-tU-�,Y ROAD IM l�//X. Al—RCX, C�—ER FL D22 TF 102 F 6 ffix 0",V '21"RTA-L-�Le O-R--VL7�IC, PART OF 51-r- I IN P76 2 910 rTn 2U�o Mi W 11AI-K J I IRA LL ILA" 5C TX 71-1(�-,& Z MATE: RED 2a-0 NO-1ES lit, A�A AFFROX. 4 SU51NE55E,5 IN EACH NEW I3ULDINC- 4 1 ASSISTANT F05—t, EACH � API�crOXIMAt�I� �L-,-CLE T2 UJ PAP71C 1 1-0 2 CLIENTS r-CR A 5CHEDULED 'BLAND 4F OINTT ENT FO -R EAH BUSINESeFS IN 4 CH _PACT_ 7.SIGN CH 1:%T;io, W.P HOUR 't,U141-1 TOTAL NEW FAR<ING 5FACE$ V 2-1 16 TOTAL NEW ADA PARKING SFPACE-r- = 2 5 NEW LAND5C,4FE 5CREENINC-z WILL E3E: 5r Ll� 6' T ALL cf;PY-r'E MT-RTLE5 3"CALLIFET2S ArGA 'WAL Ma OLE 3' TALL 47ELIAS EUSH OR EVEF-'r--FZEaN EX'15T. (STY EUSH 0";r-s SUILOIN(n sacs AFFeCX. 18'W-r, MAINTAINED P* 3' LLPHEN MATURE NEW nRIVFL'J4Y WILL BE CONCRETE ExlT KI 01REEN EXACT ME,45URETIENTS OF AND LOCATION Or FD<IST1NCt BUILIDIN6 NOT CONFIRMED E,-r BRENDA'U DRAWING 504PUD V, CLOSEST LOCATION or- ExIsTiNcr- FIRE HYDRANT 4CF05e STREET f=ROr-1 SATRE iNVE5TMF?11T5 WITWIN 40' '-RAN- 1 F-XIT .RA.,fp I - QI AR Z , L1014TED$it- *Approval with the following condition: EXJ5T 14 AP-A , P1VrW4- Based on aerial views of the site, it appears the building to the MA,�Pfa South is currently buffered by trees;therefore,if trees are removed as part of this expansion project,the required fencing should be waived only for the front 200' of the south property line. FRO L) EXIT -CA DRAWING eCARD 1770- S - 6, LL(-- ATRE INVE5Tr 1ENT GOP"MEFCIAL SITE PLAN 51TI= INFORMATION PROVIDED fBY OINIFF AND NOT YFfRIFEE) f5Y 5R-1ND54;5 DRAWING —;::1OAP D EXHIBIT "B" 3 October 29, 2013 Consider an ordinance approving the abandonment of a 5' x 112.63' utility easement (sanitary sewer) that roughly bisects Lot 5 and part of Lot 6, Block 11 of the Fourth Street Acres Addition RICH WITH OPPORTUNITY ark t T • E • X • A • S City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Chris Boone, Director of Planning and Community Development MEETING DATE: October 29, 2013 REQUESTED ACTION: Council consider an ordinance approving the abandonment of a 5' x 112.63' utility easement (sanitary sewer) that roughly bisects Lot 5 and part of Lot 6, Block 11 of the Fourth Street Acres Addition. BACKGROUND Sally Broussard, on behalf of Spindletop Center, has requested the abandonment of a utility easement. This easement is a 5' strip of land that roughly bisects Lot 5 and part of Lot 6, in Block 11 of the Fourth Street Acres Addition. It is approximately 113' long. Property owners in the area have signed an application indicating their approval and interest in the abandonment. This item was sent to all interested parties. There is a 6" sanitary sewer line in the easement. The owner has indicated that the sanitary sewer line will be relocated to the easement located on the west side of the property and out to 8th Street. At a Joint Public Hearing held October 21, 2013, the Planning Commission recommended approval 6:0 to abandon a 5' x 112.63' utility easement (sanitary sewer) that roughly bisects Lot 5 and part of Lot 6, Block 11 of the Fourth Street Acres Addition. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of ordinance. APPLICATION FOR RIGHT-OF-WAY OR UTILITY EASEMENT ABANDONMENT CITY OF BEAUMONT, TEXAS THIS IS AN APPLICATION TO ABANDON A: RIGHT-OF-WAY(ROW), UTILITY EASEIt�NT(UE) OR RIGHT-OF-WAY BUT RETAIN UTILITY EASEMENT. JR��y �o.�s F}rco Br-a �{a,34 c 409-839-2224 409-839-2268 NAME OF APPLICANT: PHONE: FAX: .AUTHORITY OF APPLICANT: Housing Administrator NAME OF ONVNBR: Spindletop Center ADDRESS: 2750 S. 8th Street PHONE: 409-839-2224 FAX: 409-839-2268 ALL OWNERS :ABUTTING THE ROW OR UE MUST SIGN WRITTEN REQUEST. (PLEASE ATTACH PROPERTY OWNER'S LIST TO THE APPLICATION) DESCRIP �N OF ROW OR UE TO BE ABANDONED: Sewer Easement, Bisecting Lot 5& Partial of Lot 6 Block 11 to DD6 Easement , 5x 113'Sewer Easement PRESENT USE OF ROW OR UE (LIST UTILITIES IF PRESENT) Existing 6" Sanitary Sewer ATTACH A LETTER STATING THE REASONS FOR THE .ABANDONMENT. LEGAL DESCRIPTION OF PROPERTY: LOT NO. 5 & 6 OR TRACT BLOCK NO. 11 PLAT ADDITION Fourth Street Acres Addition SURVEY ATTACH A MAP OR PLAT DELINEATING THE PUBLIC ROW OR UE TO BE ABANDONED AND THE LEGAL DESCRIPTION OF ADJACENT PROPERTY(DIMENSIONED AND TO ENGINEERING SCALE). .ATTACH THE$300.00 APPLICATION FEE,THE ACTUAL COST OF NECESSARY APPRAISALS AND TITLE COMMITMENTS. IF PROPERTY IS ABANDONED,:APPRAISED VALUE OF THE FEE INTEREST IN THE PROPERTY SHALL BE CHARGED. TO THE BEST OF MY KNO'\XIEDGE,THE ABOVE INFORMATION IS TRUE AND CORRECT. SIGNATURE OF APPLICANT:__ C11a DATE�?13 i PLEASE TYPE OR PRINT AND SUBMIT TO: PLANNING DIVISION,ROOM 205 CITY HALL, 801 MAIN STREET BEAUMONT,TX 77701 FILE NUMBER: P.O.BOX 3827 77704 DATE RECEIVED: (409) 880-3764 FAX(409) 880-313= RECEIPT NUMBER: APPLICATION FOR PUBLIC RIGHT-OF-WAY,ALLEY OR UTILITY EASEMINT ABAINDOINMEN-11' Application Owner-ship List Date: August 23, 2013 We, the undersigned, being the sole owners of all the property abutting the proposed abandonment of Sewer Easement, Bisecting the Lot 5& Partial Lot 6 of Block 11 hereby respectfully petition that the right-of-way, alley, or utility easement be closed and abandoned. OWNER and ADDRESS Lot Block Addition (tract) (tax plat) (survey) Fourth Street Acres Spindletop Center, 2750 S. 8th Street 5 11 Addition Fourth Street Acres Spindletop Center, 2750 S. 8th Street Partial 6 11 Addition NOTE: Please print or type your name and then use signature. Separate sheets may be used. F� ��0�^� ������� ��)�������������*� �� � |NC� ConsultinaEn ginrnzuud[ond Sun-�yoo Ronald o. Fiuz' pE, n.p1l(/n40'lyor) Terry G. Shipman, r./, Chaimno Billy J�Smith'jr, presid-o! uwaNR. King, RE uuxr|. Kuazc6' xp� .s. August 28. 2O13 Mr. Bill Cobabe Planning Department City of Beaumont P. O. Box 3287 Beaumont, Texas 77701 RE: Spind|etopCenter, 2750 S. Dm Street FS Pnj' No. 12030 Abandonment of5 foot Sewer Easement Dear Mr, Cobabe. The Spind|etop Center requests the abandonment ofa 5' wide sewer easement from the Lot 5 and Lot of Block 11 in the Fourth Street Acres Addition. This request is made to allow construction of the proposed housing facilities and allow construction of expanded educational support facilities on the site. Hiatorioa||y, the block was consisted of single family residential housing with sanitary sewer easement in the rear. Hovvevor, the sewer easement portion to be abandon no longer serve residents current|y. |tieanticipated that all public utilities can be relocated from the existing sewer easement and the City will retain portions of sewer easement unaffected. The City of Beaumont has a S" diameter sanitary sewer line run along S Eighth Street near the area We plan to remove and replace the existing G^ sanitary sewer line to S. Eighth Street to serve the proposed construction and existing construction in cocper@tion with the City of Beaumont. An existing 5 foot easement to allow access & maintenance is proposed. It is our understanding that the existing O" sewer line can be abandoned with minor construction to fully deactivate the line. It is anticipated that the cost for installation of new 6~ sewer line to the south of existing bui|dinga, connection to existing sanitary manho|e, and abandonment of a section of the existing line will be borne by the Spindletop Center Please contact rne regarding questions orcomments. Sincerely, FITTZ & SHUPMAN, DNC -- by� ilen Thshan. BI for the Finn 123-10"na"do"ItC/dc: Attaohments� $3OO.00 filing fee • Abandon Easement Application • Abandon Map & Description l|OS Cornerstone Court - Beaumont, Texas 77706 - (409) 8}2-7238 - fax (409) 832'7}0] [x Board co Pro(EnDinccrs Firm No. ll6O° Tx Board' f Prof Land Surveyors Firm No. |0Ol0b ORDINANCE NO. ENTITLED AN ORDINANCE VACATING AND ABANDONING A 5'x 112.63'SANITARY SEWER UTILITY EASEMENT THAT ROUGHLY BISECTS LOT 5 AND PART OF LOT 6, BLOCK 11 OF THE FOURTH STREET ACRES ADDITION, CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS, Sally Broussard, on behalf of Spindletop Center, has applied for an abandonment of a 5' x 112.63' sanitary sewer utility easement that roughly bisects Lot 5 and part of Lot 6, Block 11 of the Fourth Street Acres Addition, City of Beaumont, Jefferson County, Texas, being a sanitary sewer easement bisecting Lot 5 and part of Lot 6, Block 11, Fourth Street Acres Addition, City of Beaumont, Jefferson County, Texas, as shown on Exhibit 'A" attached hereto; and, WHEREAS, the City Council has considered the purpose of said abandonment and is of the opinion that the sanitary sewer utility easement is no longer necessary for municipal street purposes and the abandonment of said sanitary sewer utility easement is in the best interest of the City and should be granted; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT a 5' x 112.63' sanitary sewer utility easement that roughly bisects Lot 5 and part of Lot 6, Block 11 of the Fourth Street Acres Addition, City of Beaumont, Jefferson County, Texas, being a sanitary sewer utility easement bisecting Lot 5 and part of Lot 6, Block 11, Fourth Street Acres Addition, City of Beaumont, Jefferson County, Texas, as shown on Exhibit'A,"attached hereto, be and the same is hereby vacated and abandoned and that title to such property shall revert to and become the property of the persons entitled thereto by law. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 29th day of October, 2013. - Mayor Becky Ames - I rr- j e8`9-OB: Request for i he a ba elver). tn don men t of a ,)-' x 112,631 I 'OcatiOn: Bisecting Lot 5 and part of Lot 6, Block 11 Fourth Street Acres Additior I �pp��cant: Sally Broussard, on behall'of Spindletop Center 0 100 200 Feet Legend 83908 R-S ROBERTSST R-S R-S RM-H RM-H ---------- FRANCESOPL EXHIBIT "A" Fattz&Shipman Consulting Engineers and Land Surveyors Ronald D. Fit- P.E.,R.P.L.S. (1943-1987) Donald R. King, P.E. Terry G. Shipman, P.E_,Chairman Walter J. Ksiazek, R.P.L.S. Billy; Smith i', P,esiden; EXHIBIT A, PAGE I OF 3 FIELD NOTE DESCRIPTION OF A 0.0129 ACRE TRACT FOR THE ABANDONMENT OF A 5' WIDE SEWER EASEMENT OUT OF THE DAVID BROWN SURVEY, ABSTRACT 5 JEFFERSON COUNTY, TEXAS AUGUST 29, 2013 That certain 0.0129 acre tract for the abandonment of a 5' wide sewer easement out of the David Brown Survey, Abstract 5, Jefferson County, Texas, being across a called 1376 acre tract described in a Deed of Trust between Spindletop Housing Corporation and Department of Housing and Urban Development as recorded in Clerks File No. 2013024175 of the Official Public Records of Jefferson County, Texas, said 5' wide sewer easement granted to the City of Beaumont as recorded in Volume 810, Page 467 of the Deed Records of Jefferson County, Texas, said 1.876 acres being more particularly described by metes and bounds as follows.- Note: Bearings are based on the east line of the said 1.876 acre tract being South 329.99 feet. COMMENCING at a capped iron rod found at the intersection of the west line of a 45' wide drainage easement and the south right-of-way line of Roberts Street for the northeast corner of the said 1.876 acre tract; THENCE South along the said west line of a 45'wide drainage easement and the east line of the said 1.876 acre tract a distance of 147.79 feet (called South) to a point for the northeast comer of the said 0.0129 acre tract and the POINT OF BEGINNING; THENCE South continuing along the said west line of a 45' wide drainage easement and the said east line of the 1.876 and 0.0129 acre tracts a distance of 5.00 feet (called South 5.00 feet) to a point for the southeast corner of the said 0.0129 acre tract from which a capped iron rod found for the southeast corner of the said 1.876 acre tract bears South 177.20 feet (called South); Fittz &Shipman, Inc. Page 1 of 2 Project No. 12030AbanEsmt Plat& Description 1405 Cornerstone Court • Beaumont, Texas 77706 • (409) 832-7238 • fax (409) 832-7303 Tx Board of Prof Engineers Firm No. 1160 • Tx Board of Prof Land Surveyors Firm No. 100186 EXHIBIT A, PAGE 2 OF 3 THENCE North 89`54'23" West along the south line of the said 0.0129 acre tract a distance of 112.63 feet (called West 112.50 feet) to a capped iron rod found for an interior corner of the said 1.876 acre tract, the southeast corner of a tract conveyed to Rena Robinson Reed as recorded in Clerks File No. 9819596 of the Official Public Records of Jefferson County, Texas and the southwest corner of the said 0.0129 acre tract; THENCE North 00°00'49" East along an interior line of the said 1.876 acre tract, the east line of the said Reed tract and the west line of the said 0.0129 acre tract a distance of 5.00 feet (called North 00°00'49" East 5.00 feet) to a point for the northwest corner of the said 0.0129 acre tract from which a '/2" iron rod found in the south right-of-way line of Roberts Street for the northeast corner of the said Reed tract and an exterior corner of the said 1.876 acre tract bears North 00°00'49" East 147.63 feet (called North 00°00'49" East); THENCE South 89°54'23" East along the north line of the said 0.0129 acre tract a distance of 112.63 feet (called East 112.50 feet) to the POINT OF BEGINNING and containing 0.0129 acre of land, more or less. This description is based on a survey made by Fittz & Shipman, Inc. during April 2013. Walter J. Ksiazek Registered Professional Land S eyor No. 532 Fittz &Shipman, Inc. Page 2 of 2 Project No. 12030AbanEsmt Plat & Description EX 031T A, PAGE 3 OF 3 FOUND ROBERTS STREET COMMENCING (ASPHALT ROW) POINT IRON PIPE FOUND I/ -FOUND /-F DUN- 5/8' IRON W �12 60) CAPPED '7) IllfN (CALLED S 89'58'Cl" IRON Poll CALLED N 89'59'25 S 89'58'07" E 75A7 N 89*,59'25" W 112.60 Rc S 89'4344 WIlIZ53 (CAftED 5 89'43'44"�W 112,53) R=NA ROBINSON FEED CLERKS FILE NO. 961959e, o P P J.c LID CN Lr) rn C.) POINT OF p c�C) -,(D BEGINNING va,z I ABANDONMENT 5' WIDE z SEWER EASEMENT i-FOUND FOUND 0.0129 ACRE E- CAPPED CAPPED FOUND 1/2" IRON ROD RON lllll� IRON ROD (CALLID N 59'43'46" E 112,53) L4 N 89'43'46" E 11253 ——————— E- ITY Ll U) Tf- L3 L2 5, WE EASEMtNT SEWER I 7 CITY OF BE ONT VOL, 810. P,3 464, D AUM 5' SEWER EASEMENT VOL. Blo� PC 467, D.R,JC. E— ABANDONMENT co U) 5' WIDE �SEWER EASEMENT i C6 0.0129 ACRE Lo m 00 cn CQ C K 0 L 0 -c' LOT b FOURTH STREET ACRES ADDITION p o VOL, 6. PC, 99, M-RJ.C. 1.876 ACRES FOUND 1;2" 1 ROUND POUND CAPPED CAPPED CA IRON ROD a 224.7 2 IRON ROD IRON ROD 0.12' NORTH 75,02 112.65 89'57'17" t"/ 11 W 299.74— (CALLED 5 8,57*17' W 29934) FOUND 1/Z" IRON ROD NOW OR FORMERLY NUMBER DIRECTION DISTANCE WIHMR OF SOUTHEAST TEXAS FILM CODE 101-89-2308, R.P.R.J,C, Li SOUTH OO EL (APPROXIMATE 0.833 ACRE) CALLED SOUTH 5,00 Do L2 -W--89-5,V23" W 112.63 SURVEYOR'S CERTIFICATION CALLED WEST I DO HEREBY CERTIFY. TO THE ISESf OF MY KNOWLEDGE AND BELIEF, 5.00 THAT THIS IS AN ACCURATE PLAT OF A SURVEY & DESCRIPTION MADE L3 N 00*0049" E ON THE GROUND UNDER MY SUPERVISION DURING APRIL 2013. CALLED IN 00'0049- E 500 L4 ---I S 89-54'23" E 112.63 CALLED JEAST 1125D WALTER J. KSIAZEK REGISTERED PROFESSCONAL LA URVEYOR NO 21 0 25 50 C A L E 0:\PROJECTS\12030 - spmdict-P Cent-\s--ATASK 4\12D30ft.A—tdwq Aug 29, 2013 03:06p- ABANDONMENT OF A 5' WIDE SEWER EASEMENT SHEET NO. Fi ttz&Shilpman INC. PROJECT NAME: MHMR OF SOUTHEAST TEXAS 3 (;—king Engineers and L4nd Sumeyrrs d/b/a SPINDLETOP CENTER 1405 CORNERSTONE COUR-, BEAUMONT, TEXAS BEAUMONT, TEXAS PROJECT NO A 12030 (409) 832-7238 FAX (409) 832-730.) DATE:8-29—13 ----I 4 October 29, 2013 Consider a request for abandonment of a 10' x 138' long utility easement at 5690 Kingswood Drive RICH WITH OPPORTUNITY r C � T • E • X • A • s City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager C Y� PREPARED BY: Chris Boone, Director of Planning and Community Development MEETING DATE: October 29, 2013 REQUESTED ACTION: Council consider a request for abandonment of a 10' x 138' long utility easement at 5690 Kingswood Drive. BACKGROUND Helbig CDC is requesting abandonment of a utility easement. Time Warner Cable has agreed to abandon the most easterly half(5'x138' portion) of the easement. This parcel has an unusual series of setbacks and easements. There is a 10' road easement along Garner Road, which is followed by an adjacent 10' utility easement. These easements are followed by the standard building setback. The combination of these easements and setbacks creates a condition in which it is difficult to construct a residence. Abandoning the easement will allow the builder to construct the desired home, and all utilities can be located in what is called the road easement. This item was sent to all interested parties. Because Time Warner has a cable in the western part of the easement, they have no objection to abandoning the eastern part. Staff recommends abandonment of the eastern half of the 10' x 138' easement. The City will retain the road easement and locate any potential utilities in that location. At a Joint Public Hearing held October 21, 2013, the Planning Commission recommended approval 6:0 of the abandonment of the eastern half of the 10' x 138" easement. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of ordinance. APPLICATION FOR RIGrUT-OF-WAY OR tT TILITY EASEMENT ABANDONMENT CITY OF BEAUMONT, TEXAS 'ITIIS IS AN APPLICATION TO ABANDON A: RIGHT-OF-WAY(ROIk'), UTILITY EASEIMENJ (L;E) OR RETAIN UTILITY EASEMENT. : NAME OFAPPL,ICANl':,'�--,r- PHON'E FAX: AUTHORITY Oh APPLICANT: NAME OF OW-NFIR: I. :'i 7 ADDRESS: PH ON7E: FAX: AIA, OWNERS ABUT't ING THE ROW OR UE MUST SIGN WRITTEN REQUEST. (PLEASE ATTACH PROPERTY OWNER'S LIST TO'rf IE APPLICATION) i DESCRIPTION OF ROW OR UE TO BE ABANDONED: "Pip, CFF Lg�rr 5''5 aL PRESENT USE OF ROW OR UE(LIST UTILITIES IF PRESENT) j ATTACH A LETTER STATENG THE REASONS FOR THE ABANDO'NNJENT. LEGAL DESCRIPTION OF PROPERTY: LOT NO.---1 OR TRACT_ Bf-OCK NO. PLAT ADDITION SURVEY ATTACH AIMAP OR PLAT DELINEATENG THE PUBLIC ROW OR UE TO BE ABANDONED AND THE LEGAL DESCRIPTION OF ADJACENT PROPERTY(DIMENSIONED AND TO ENGINEERING SCALE). ATTACH TILES;00.00 APPLICATION FEE,THE ACTUAL COST OF NECESSARY APPRAISALS AND`TITLE COTNINUTMENTS. ff"PROPERTYIS ABANDONED. APPRAISED VALUE OF THE FEE INTEREST IN THE PROPERTY SI IALI.BE CHARGED, TO THE BEST 0FJ\'IYJ\'NC\%lTEDGE,THE ABO\,'F-.,. INFORMATION IS TRUE AND CORRECT. SIGNATURE Oh APPI-ICANT: A— DATE: PLEASE "I OR PKU NT`AND SUBMIT TO: PLANNING DIVISION,ROOM -205 CITY HALL, 801 MAIN STREET BEAU MONT,TX 77701 FILE NUMBER: P.O. BOX 3827 77704 D.A I'E RECEIVED: (409) 990-3764 FAX (409) 880-313-, .k?PLIC-,k'HON FOR PUBUC WGIIT-OF-WAY,ALLEY OR UTTILrrY F-ASEMENT ABIkNDGINMEN7 Application 0%-nc-,-shjp Llis-, Date: We, the undersigned, being the sole owners of all the property abutting the proposed abandonment fw I o �4 91,�ck z 4L to f hereby respectfully petition that the right-of-way, alley, or utility easement be closed and abandoned. OWNER and ADDRESS Lot Block Addition (tract) (tax plat) (survey) NOTE: Please print or ty pe your name and then use signature. Separate sheets may be used. Helbig Community Development Corporation "Dedicated to Empowering Individuals, Families, and the Community" 3495 Roland Road Beaumont,Texas 77708 TEL.NO.(409)892-2456 FAX"Nt3,(409)892-2456 Dr.Airon Revnolds_Jr.,Exccutivc Director Email:helbi2cdc0.,aol.com September 27. 2013 Planning Division,Room 205 City Hall,801 Main Street Beaumont,TX 77701 To Whorn It May Concern; We are requesting at 5690 Kingswood Drive (Lot 1, Block 2 of the Kingswood Place Subdivision) the Utility Easement Abandonment(25 feet from Kingswood Dr. and 15.5 feet from Gardner RD)of 45.5 in length and 4.5 feet in xA idth abandoned. The purpose for the abandonment is that a new residential construction was built on the property. We are paayet-iul for an affirmative response.Thank you. Sincerely, Dr. Airon Reynolds, Jr. Executive Director WIN-,Community Development Corporation is a Non-Profit Corporation with IRS 501(c)(3)Tax-Exempt Status OB: A request for abandonment of a utility ease ent no existing rw on: 5690 Kingswood Drive � utiiities�a pPiicant: Helbig CDC 0 100 200 Feet I egend _ . R-S �' 8410B D MINNER DR ~ M z i M I X R- R- KINGSWOOD DR tzt � - - C I ORDINANCE NO. ENTITLED AN ORDINANCE VACATING AND ABANDONING A 5' X 138' UTILITY EASEMENT AT 5690 KINGSWOOD DRIVE, CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS, Helbig CDC has applied for an abandonment of a 10' x 138' utility easement at 5690 Kingswood Drive, City of Beaumont, Jefferson County, Texas, being a 10' x 138' utility easement located in the easterly portion of Lot 1, Block 2, Kingswood Place Subdivision, City of Beaumont, Jefferson County, Texas, being 1,380 square feet, more or less, as shown on Exhibit 'A" attached hereto; and, WHEREAS, Time Warner has a cable in the western half of the easement; and WHEREAS, the City Council has considered the purpose of said abandonment and is of the opinion that the eastern half of the utility easement is no longer necessary for municipal street purposes and the abandonment of the eastern one-half of said utility easement is in the best interest of the City and should be granted; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL, OF THE CITY OF BEAUMONT- THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT the eastern half of the 10' x 13' utility easement at 5690 Kingswood Drive, City of Beaumont, Jefferson County, Texas, being 5' x 138' of the 10' x 138' utility easement located in the easterly portion of Lot 1, Block 2, Kingswood Place Subdivision, City of Beaumont, Jefferson County, Texas, being 690 square feet, more or less, as shown on Exhibit 'A" attached hereto, be and the same is hereby vacated and abandoned and that title to such property shall revert to and become the property of the persons entitled thereto by law. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 29th day of October, 2013. - Mayor Becky Ames - 0.i"J Found E 7 11 Found Coppe 213, Fc'! Capped Rod --s 3 5-�9'5 2' E 7 0. T'- --F u n,i lizl Lot I Block 2 (1) Revised survey or August 19, 20113 to reflect 'J�OD co �0 1"We Com-riimen't cc)v,d Porch - -,fi: 7 F-- 13 4535031 dated Duly ?1, 2C'3. 4. UJ W ct o A I A\c C� Co o-E 9'T 5 — 'i c 14, .C) r ,c� . fJ o C, C-1 S I cD z z One Story Brick on sob 13.6' \: 1.2' -Cov"d entry 2 25' bu[ld_no setback io' utility easernent ----------------------------------------- it �5) Fourd Capped Rod Found S 69*40'28' W 70,57' Found Capped Rod 89°37'49' W 7 0.5 9') Capped Rod N 89*47'29' E 60.00' Kingswood Drive SCALE 1 20* "t-:: 7324535031 PREPARED EXCLU-SWELY F-L),l?: Lena Mae Adams 1, Joe A. Mottox, Texos Registerac Professional Land Surveyor No. 1535, do hereby certify that I hove made a survey on the around of the property legally described hereon, thot the survey is correct, and that there are no discrepancies or conflicts, shortages in boundaries, intrusions, protrusions, or overlapping of improvements, or visible utility lines or roods in 'olace. except as shown hereon, and that said property has access to and from a :__dicoted public roodwo/, unless otherwise rwise shown hereon. Survey dated: December 04, 2012. the Subject tract being located und being described recorded in Clerk's File No -AMQ7QD955-Q-of the Official Public Records of Jefferson County, Texas. MW W Subject tract is located in Flood Zone X 41W Community Ponef No.- 485457-0030 C (FIRM Dated: August CF, 2002) AIr 5,Yr Veyal-5 ............ ....... T,-,,x.,Re-iste,cd P,ofesc-al L,and ft JOE A V.AT�TOX�' ✓ ...........) o 505 South Fourth Street T-- 77?0t TeIeDhone (409) E38-6322 Fo, 836-6722 w—accesssurveyors,com Joe 'k Mattox Flie- 15266-2,d-gGh,, 1429:—g skja Registered Professional Land Surveyor No. 5535 EXHIBIT "A" 5 October 29, 2013 Consider a resolution awarding a six month contract to APAC-Texas, Inc. for the purchase of asphaltic concrete for use by the Streets and Drainage Division RICH WITH OPPORTUNITY 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: October 29, 20123 REQUESTED ACTION: Council consider a resolution awarding a six (6) month contract to APAC-Texas, Inc., for the purchase of asphaltic concrete in the estimated total amount of$913,000. BACKGROUND Bids were requested from six (6) local vendors to provide a six (6) month contract for asphaltic concrete to be used by the Streets and Drainage Division. Cold laid asphaltic concrete is used for repairing potholes and small sections of a street, while hot laid asphaltic concrete is used for repairs and repaving of larger street sections. It is estimated that approximately 13,000 tons of hot laid asphaltic concrete and 700 tons of cold laid asphaltic concrete will be used during the term of the contract. Specifications requested unit pricing for both plant pickup by City personnel and job site delivery by the vendor. The only responding vendor, APAC-Texas, submitted a bid as reflected below. The total value of the contract assumes in-plant pick-up of all materials. The bidder met all product requirements specified and has previously held the contract satisfactorily. Bid Tabulation is as follows: Description Plant Pickup Job Site Delivery 2013 2014 2013 2014 Hot Laid Concrete/Ton $65.55 $65.95 $72.00 $72.50 Cold Laid Concrete/Ton $76.75 $79.50 $81.50 $84.50 FUNDING SOURCE General Fund and Capital Program. RECOMMENDATION Approval of resolution. RICA WITH OPPORTUNITY CITY OF BEAUMONT - PURCHASING DIVISION RAMON* R.). Hollar - Buyer II T • $ • x A , s 409-880-3758 rhollar @ci.beaumont.tx.us BID TABULATION: Six(6) Month Contract for Road Materials - Asphaltic Concrete BID No. BF0913-27 OPENING DATE: Thursday, October 10, 2013 Vendor APAC-TEXAS City / State BEAUMONT ITEM Qty Unit Price Total NOT MIX/HOT LAID (Tons) Plant Pickup 1370-0— $65.95 $857,350.00 Delivered 13000 $72.50 $942,500.00 HOT MIX/COLD LAID Plant Pickup 700 $79.50 $55,650.00 Delivered 700 $84.501 $59,150.00 TOTAL BID (Plant Pickup) 913,000.00 No Response: Bo-Mac, Transit Mix, L.D. Construction RESOLUTION NO. WHEREAS, bids were solicited for a six (6) month contract for the purchase of asphaltic concrete for use by the Public Works Department, Streets and Drainage Division; and, WHEREAS, APAC-Texas, Inc, of Beaumont, Texas, submitted a bid in the estimated amount of$913,000 in the unit amounts shown below: DESCRIPTION PLANT PICKUP JOB SITE DELIVERY Hot Laid Concrete $65.95/ton $72.50/ton Cold Laid Concrete $79.50/ton $84.50/ton and, WHEREAS, City Council is of the opinion that the bid submitted by APAC-Texas, Inc., of Beaumont, Texas, should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT.- THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT the bid submitted by APAC-Texas, Inc., of Beaumont, Texas, for a six (6) month contract for the purchase of asphaltic concrete for the Public Works Department, Streets and Drainage Division in the estimated amount of $913,000 pursuant to the unit amounts shown above be accepted by the City of Beaumont. BE IT FURTHER RESOLVED THAT the City Manager be and he is hereby authorized to execute a contract with APAC-Texas, Inc., of Beaumont, Texas, for the purposes described herein. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 29th day of October, 2013. - Mayor Becky Ames - 6 October 29, 2013 Consider a resolution authorizing the City Manager to execute Amendment No. 1 to the Interlocal Agreement with Jefferson County Drainage District No. 6 for the Lucas SRL Relief Project RICH WITH OPPORTUNITY [1EA,[111011 C T • E • x • A • s City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Patrick Donart, Public Works Director MEETING DATE: October 29, 2013 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to execute Amendment No. 1 to the Interlocal Agreement with Jefferson County Drainage District No. 6 for the Lucas SRL Relief Project. BACKGROUND Drainage District No. 6 is completing their work on the Lucas SRL Relief Project in the north end of the City. The District is installing box culverts on Abilene Avenue, Lucas Street, Lufkin Avenue, El Paso Avenue, Galveston Avenue, Wilson Street, Dallas Avenue, Fillmore Street, Hayes Street, and Buffalo Avenue. The Water Utilities Department installed new water and sanitary sewer lines to accommodate the installation of the boxes. Public Works will be resurfacing the afore-mentioned streets where the boxes were installed. Public Works is adding Harding Avenue, Charles Street, Idylwood Avenue, Laredo Avenue, and Wilshire Avenue due to damage from District equipment and District truck traffic entering and exiting the project area. The City will invoice the District for one hundred percent (100%) and be reimbursed for ninety percent (90%) up to $945,000 for street repairs (an increase from the original $475,000) and $275,000 for utility adjustments. The City will be responsible for the ten percent(10%)local share match. The amended total cannot exceed $1,220,000 and reimbursement shall not exceed $1,098,000 or 90%. FUNDING SOURCE $122,000 match is available in the General Fund, Water Utilities Fund, and Street Rehabilitation Program. RECOMMENDATION Approval of resolution. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Council hereby approves the execution of Amendment No. 1 to the Jefferson County Drainage District No. 6 (DD#6) Interlocal Agreement, substantially in the form attached hereto as Exhibit"A" and made a part hereof for all purposes, for the Lucas SRL Relief Project. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 29th day of October, 2013. - Mayor Becky Ames - AMENDED INTERLOCAL AGREEMENT NO. 1 As of October 22, 2013 THE CITY OF BEAUMONT AND JEFFERSON COUNTY DRAINAGE DISTRICT NO. 6 (LUCAS SRL RELIEF GRANT PROJECT STATE OF TEXAS § COUNTY OF JEFFERSON § This agreement is made by and between the City of Beaumont, a home rule City of the State of Texas (hereinafter called "City") and Jefferson County Drainage District No. 6, a special district of the State of Texas (hereinafter called "District") under authority of the Interlocal Cooperation Act, Chapter 791 of the Texas Government Code. WHEREAS, the City and the District are working together to make improvements to the City's drainage infrastructure in the north end of Beaumont, Jefferson County, Texas, in the area of Abilene Street southerly to Buffalo Street, to include the installation of culverts, as well as new sewer lines and water lines; WHEREAS, the District is installing culverts, under Abilene, Lucas, Lufkin, El Paso, Galveston, Wilson, Dallas, Fillmore, Hayes and Buffalo Streets; WHEREAS, the City owns and maintains the afore-mentioned streets, and the City and the District are desirous of reciting in writing, certain duties and obligations between the parties hereto with regards to this culvert installation project; THEREFORE, the City and the District agree as follows: EXHIBIT "A" WITNESSETH 1. The District agrees to reimburse the City for ninety percent (90%) of their costs, not to exceed $247,500.00, related to water and sewer line adjustments that will be performed to allow for the culvert installations; 2. The District agrees to reimburse the City for ninety percent (90%) of the costs not to exceed $427,500.00, for any street repairs related to storm sewer improvements made by the District on Abilene, Lucas, Lufkin, El Paso, Galveston, Wilson, Dallas, Fillmore, Hayes, and Buffalo Streets; 3. The District will provide manpower and equipment to excavate for the water and sewer line adjustments and installations. Upon completion of the utility adjustments or installations, the District will backfill the excavation under the City's direction; 4. The City will purchase and supply pipe and appurtenances for the utility adjustments and installations. The City will supply manpower to make tie-ins and help lay pipe; 5. The District will backfill the culverts, beside and above the culverts, as per Attachment "A." The District will purchase and haul the necessary backfill; 6. The City will provide materials, manpower, and equipment to pave the road(s); and 7. On a monthly basis or greater, at its convenience, the City will invoice the District for one hundred percent (100%) of the costs of the repairs to date, up to $475,000.00 for street repairs and $275,000.00 for utility adjustments. The invoice will include all back-up documentation that justifies the invoice amount, such as material invoices, equipment use costs, labor costs, and contractor invoices. The District will then reimburse the City for ninety percent (90%) of AMENDED INTERLOCAL AGREEMENT NO. 1 -Lucas SRL Relief Project City of Beaumont and Jefferson County Drainage District No. 6 Page 2 the total costs invoiced. The City will be responsible for the ten percent (10%) local share match. The ten percent (10%) can be in-kind, or by purchase of material. All documentation for expenses must be in a format accepted by the Texas Water Development Board (TWDB) as the administrator of this grant for FEMA. Any amount reimbursed to the City by the District and later disallowed by TWDB/FEMA, or as a result audit will be the sole responsibility of the City. 8. This Interlocal is amended to add item number 8. In addition to the street repairs referred to in items 1 thru 7, sections of each of these streets, Harding Avenue, Dallas Avenue, Charles Street, Idylwood Avenue, Lufkin Avenue, Laredo Avenue, Galveston Avenue, El Paso Avenue, Wilson Street, Buffalo Avenue, Wilshire Avenue and Abilene Avenue have been damaged due to District equipment and District truck traffic entering and exiting the project area. The District agrees to reimburse the City for an additional ninety percent (90%) of their costs, not to exceed $670,500 for these street repairs. The City will invoice the District for one hundred percent (100%) of the costs of the repairs for the additional street work, up to $745,000. The combined total billing for all street repairs, including the original not to exceed amount of $475,000, cannot exceed $1,220,000 (100%) and reimbursement will not exceed $1,098,000 (90%). The invoice will include all back-up documentation that justifies the invoice amount, such as material invoices, equipment use cost, labor cost, and contractor invoices. If a contractor is used, documentation must be provided to prove the contractor was hired using a fair method to solicit the bid(s) and the lowest bidder or bidder to the best interest of the District was hired. All contractors must be checked for disbarment and proof of the verification must be provided. The District will then reimburse the City for ninety percent (90%) of the total cost invoiced. The City will be responsible for the ten percent (10%) local share match. The ten percent (10%) can be in-kind, or by purchase of material. All documentation for expenses must be in a format accepted by the AMENDED 1NTERLOCAL AGREEMENT NO. 1 -Lucas SRL Relief Project City of Beaumont and Jefferson County Drainage District No. 6 Page 3 Texas Water Development Board (TWDB) as the administrator of this grant for FEMA. Any amount reimbursed to the City by the District and later disallowed by TWDB/FEMA, or as a result audit will be the sole responsibility of the City. EXECUTED this day of _, 2013. ATTEST: CITY OF BEAUMONT By: By: City Clerk City Manager ATTEST: JEFFERSON COUNTY DRAINAGE DISTRICT NO. 6 By: By: Charles "Chuck" Guillory, Secretary Joshua W. Allen, Sr., President DC/pa/DD6 BH/sl/DD6 Amended Interlocal Agreement No. 1 AMENDED INTERLOCAL AGREEMENT NO. 1 -Lucas SRL Relief Project City of Beaumont and Jefferson County Drainage District No.6 Page 4 7 October 29, 2013 Consider a resolution authorizing the City Manager to enter into a contract with Legacy Community Development Corporation for HOME Investment Partnerships Program finds from the Department of Housing and Urban Development MCH WITH OPPORTUNITY r ,[I 1�1 C1 I T • E • X • A • S City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Chris Boone, Director of Planning & Community Development MEETING DATE: October 29, 2013 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to enter into a contract with Legacy Community Development Corporation for HOME Investment Partnerships Program funds from the Department of Housing and Urban Development. BACKGROUND The City of Beaumont receives an annual allocation of HOME Investment Partnerships Program funds from the U.S. Department of Housing and Urban Development (HUD). Federal regulations require that a minimum of fifteen percent (15%) of the City's total HOME fund allocation be contracted to Community Housing Development Organizations (CHDO's) for eligible CHDO activities. Legacy Community Development Corporation (Legacy CDC), a certified CHDO, is seeking to stabilize neighborhoods by providing homeownership opportunities for low to moderate income families. A total of$66,474 is proposed as a part of the contract. Legacy would utilize $66,474 for acquisition of one unit to be used as a lease/purchase for an eligible low to moderate income family. Any and all income received by Legacy for leased properties must be used toward the organization's affordable housing activities. In addition, Legacy is requesting $22,158 for operating funds. The funds will be used to cover the administrative costs of the CHDO such as salary for administrative staff and the rent/lease costs. Housing Division staff will be responsible for monitoring Legacy for HOME Program compliance. FUNDING SOURCE 2012 HOME Program. RECOMMENDATION Approval of resolution. LEGACY COMMUNITY DEVELOPMENT CORPORATION August 30, 2013 City of Beaumont Attention: Johnny Beatty 801 Main Street Beaumont, Texas 77701 M r. Beatty: Legacy Community Development Corporation would like to request 2012 HOME Funds in the following amount: CHDO Reserve: $66,474.00 (acquisition of 1 unit for lease/purchase program) 2012 Operating: $22,158.00 (administrative costs-Admin Assistant and rent) If you have any questions, please feel free to contact me at 409-365-9850. Sjn erely, a Vivian L Ba lou Executive Director 87 1-10 Noah PHONE (409)365-9850 { I Suite 2-135 Prat (409)727-5987 Beaumont,Texas E-MA2t. Ie9acycdc @yah00.com 77707 RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to execute a contract with Legacy Community Development Corporation (Legacy CDC) in the amount of $66,474 for acquisition and rehabilitation of one (1) property for lease/purchase to eligible low-to- moderate income family and a contract with Legacy Community Development Corporation (Legacy CDC) in the amount of$22,158 for related operating expenses, said contracts to be funded from the 2012 HOME Program. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 29th day of October, 2013. - Mayor Becky Ames -