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HomeMy WebLinkAboutPACKET DEC 10 2013RICH WITH 0VP0R7fN171 1 T• E• X• A• S REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS DECEMBER 10, 2013 1:30 P.M. CONSENT AGENDA * Approval of minutes -- November 26, 2013 * Confirmation of committee appointments Jon Reaud would be reappointed to the Community Development Advisory Committee. The current term would expire September 24, 2015. (Councilmember W. L. Pate, Jr.) Lee Smith would be reappointed to the Community Development Advisory Committee. The current term would expire October 1, 2015. (Councilmember Jamie D. Smith) Allen Perkins would be reappointed to the Convention and Tourism Advisory Board. The current term would expire October 8, 2015. (Councilmember W. L. Pate, Jr.) Bill Bianchi would be reappointed to the Convention and Tourism Advisory Board. The current term would expire October 27, 2015. (Councilmember Audwin M. Samuel) Mel Wright would be reappointed to the Convention and Tourism Advisory Board. The current term would expire October 18, 2015. (Mayor Becky Ames) Rocky Chase would be reappointed to the Convention and Tourism Advisory Board. The current term would expire October 18, 2015. (Mayor Becky Ames) Thomas Sigee would be reappointed to the Historic Landmark Commission. The current term would expire December 5, 2015. (Councilmember Audwin M. Samuel) A) Approve a resolution authorizing the acceptance of a ten foot wide Exclusive Sanitary Sewer Easement located at 195 North 7th Street B) Approve a resolution authorizing the acceptance of a five foot wide Exclusive Sanitary Sewer Easement located at 134 North 7th Street RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the following reappointments be made: Reappointment Commission Beginning of Term Jon Reaud Community Development Advisory Committee 12/10/13 Lee Smith Community Development Advisory Committee 12/10/13 Allen Perkins Convention and Tourism Advisory Board 12/10/13 Bill Bianchi Convention and Tourism Advisory Board 12/10/13 Mel Wright Convention and Tourism Advisory Board 12/10/13 Rocky Chase Convention and Tourism Advisory Board 12/10/13 Thomas Sigee Historic Landmark Commission 12/10/13 Expiration of Term 09/24/15 10/01/15 10/08/15 10/27/15 10/18/15 10/18/15 12/05/15 PASSED BY THE CITY COUNCIL of the City of Beaumont this the 10th day of December, 2013. - Mayor Becky Ames - RICH WITH OPPORTUNITY 111'CA,11110N T • E • X • A • S City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager o PREPARED BY: Patrick Donart, Public Works Director MEETING DATE: December 10, 2013 REQUESTED ACTION: Council consider a resolution authorizing the acceptance of a ten foot (10') wide Exclusive Sanitary Sewer Easement. BACKGROUND Revon Craig and Martha Conway has agreed to convey a ten foot (10') wide exclusive Sanitary Sewer Easement to the City of Beaumont. The easement is described as being a 0.0373 acre tract out of and Part of Block 1, Oaks Addition situated in the David Brown League, Abstract No. 5. The sanitary sewer easement is needed for the constructing and repair of the sanitary sewer line located at 195 North 7"' Street. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of resolution. RESOLUTION NO. WHEREAS, Revon Craig and Martha Conway have agreed to convey one (1) ten foot (10') wide exclusive sanitary sewer easement, said easement being a 0.0373 acre tract out of and part of Block 1, Oaks Addition situated in the David Brown League, Abstract No. 5, as described in Exhibit "1" and shown on Exhibit "2," attached hereto, to the City of Beaumont for the purpose of constructing and repairing the sanitary sewer line located at 134 North 7th Street; and, WHEREAS, the City Council has considered the purpose of said conveyance and is of the opinion that the acceptance of said conveyance is necessary and desirable and that same should be accepted, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT the easement conveyed by Revon Craig and Martha Conway, as described in Exhibit "1" and shown on Exhibit "2," be and the same is hereby, in all things, accepted for the stated purposes. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 10th day of December, 2013. - Mayor Becky Ames - STATE OF TEXAS X KNOW ALL MEN BY THESE PRESENTS: COUNTY OF JEFFERSON X SANITARY SEWER EASEMENT THAT, REVON CRAIG AND MARTHA CONWAY, of the County of Jefferson, State of Texas, hereinafter called "GRANTORS ", for and in consideration of the sum of ONE AND NO/ 100 DOLLAR ($1.00), and other good and valuable consideration to us in hand paid by the CITY OF BEAUMONT, a municipal corporation domiciled in Jefferson County, Texas, hereinafter called "GRANTEE ", the receipt and sufficiency of which consideration is hereby acknowledged, have GRANTED, SOLD and CONVEYED, and by these presents do GRANT, SELL and CONVEY unto the CITY OF BEAUMONT, P. O. Box 3827, Beaumont, Texas 77704, Jefferson County, Texas, its successors and assigns, a Sanitary Sewer Easement and the right to construct, alter, and maintain said sanitary sewer line and appurtenances on the hereinafter described lands which said easement is under, over, in and across that certain tract or parcel of land owned by GRANTORS situated in the County of Jefferson, State of Texas, and being more particularly described in Exhibit "A & B" attached and made a part hereof for all purposes. The easement herein granted shall be used for the purpose of placing, constructing, operating, repairing, rebuilding, replacing, relocating, removing sanitary sewer lines and appurtenances, and the following rights are also hereby conveyed: It is expressly understood and agreed that the City of Beaumont shall have the right of ingress to and egress from the tract of land hereinbefore described and use of the same for the purposes aforesaid, and giving said City the right and privilege to improve, maintain and operate 1W3C110 -11MH the same as permitted by law. Grantor agrees not to place any structures or appurtenances within the Easement Property_ Grantee shall not be responsible for the repair and replacement of any paving or other structures within the Easement Property. TO HAVE AND TO HOLD the above described easement and right -of -way unto the said CITY OF BEAUMONT. its successors and assigns forever. EXECUTED this day of . 20 GRANTORS: REVON CRAIG MARTHA CONWAY ACKNOWLEDGMENT STATE OF TEXAS X COUNTY OF JEFFERSON X BEFORE ME, the undersigned authority, on this day personally appeared REVON CRAIG, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of , 20 Notary Public, State of Texas STATE OF TEXAS X COUNTY OF JEFFERSON X BEFORE ME, the undersigned authority, on this day personally appeared MARTHA CONWAY, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of 20 Notary Public, State of Texas RETURN TO: City of Beaumont Antoinette Hardy - Engineering P. O. Box 3827 Beaumont, TX 77704 EXHIBIT "A" Legal Description: 0.0373 Acre Sanitary Sewer Easement Out of and Part of Block 1 Oaks Addition Volume 3, Page 149, Map Records David Brown League, Abstract No. 5 Beaumont, Jefferson County, Texas BEING a 0.0373 acre sanitary sewer easement situated in the David Brown League, Abstract No. 5, Jefferson County, Texas and being out of and part of Block 1 of the Oaks Addition, a subdivision of the City of Beaumont, Jefferson County, according to the plat thereof recorded in Volume 3, Page 149, Map Records, Jefferson County, Texas and also being out of and part of that certain called 1.30 acre tract of land as described in a "Special Warranty Deed with Vendor's Lien" from Bank of America N.T. and S. A. to O. Revon Craig and Martha Ann Conway as recorded in Film Code No. 104-44 -0296, Official Public Records of Real Property, Jefferson County, Texas, said 0.0373 acre sanitary sewer easement being more particularly described as follows: Note: All bearings are referenced to the West line of the said Block 1 as NORTH 00 000'00" WEST. BEGINNING at a 3/4" iron rod found for the most Westerly Southwest corner of the said 1.30 acre Craig, et al. tract, the same being the Northwest comer of that certain called 0.2497 acre tract of land as described in a "General Warranty Deed" from Jeffery R. McManus to Dorothy Way and Julienne Camara as recorded in Clerk's File No. 2006028219, Official Public Records of Real Property, Jefferson County, Texas and also being in the West line of the said Block 1 and the East right -of -way line of Minor Street (based on a width of 60 feet) and said corner bears NORTH 00 °00'00" WEST a distance of 145.06 feet from a 3/4" iron rod found for the Southwest corner of the said 0.2497 acre Way, et al. tract and the intersection of the East right -of -way line of Minor Street and the North right -of -way line of South Street (based on a width of 60 feet), the same being the Southwest corner of the said Block 1; THENCE NORTH 00 000'00" WEST, along and with the West line of the said Block I and the East right -of -way line of Minor Street, the same being the most Northerly West line of the said 1.30 acre Craig, et al. tract, for a distance of 10.00 feet to a point for corner; THENCE NORTH 89 059'53" EAST, over and across the said 1.30 acre Craig, et al. tract and parallel and 10 feet perpendicular to the most Northerly South line of the said 1.30 acre Craig, et al. tract, for a distance of 102.30 feet to a point for corner, THENCE SOUTH 00 000'07" EAST for a distance of 5.00 feet to a point for corner; THENCE NORTH 89 05953" EAST, parallel and 5 feet perpendicular to the most Northerly South line of the said 1.30 acre Craig, et al. tract, for a distance of 52.70 feet to a point for corner; EXHIBIT "A" MAKK W. 07117ELEYANOASSO(7ATES, INC. THENCE SOUTH 00 000'00" EAST, parallel and 5 feet perpendicular to the most Southerly West line of the said 1.30 acre Craig, et al. tract, for a distance of 73.07 feet to a point for comer, said comer being in the most Southerly line of the said 1.30 acre Craig, et al. tract and in the North line of that certain tract of land as described in a "Warranty Deed with Vendor's Lien" from Charlsie Elizabeth Berly to Patrick H. Miller and wife, Robin R. Miller as recorded in Film Code No. 101 -95 -0344, Official Public Records of Real Property, Jefferson County, Texas; THENCE SOUTH 89 059'53" WEST, along and with the boundary between the said 1.30 acre Craig, et al. tract and the said Miller tract, for a distance of 5.00 feet to a point for comer, said corner being the Northwest comer of the said Miller tract and the most Southerly Southwest corner of the said 1.30 acre Craig, et al. tract and being in the East line of that certain called 0.248 acre tract of land as described in a "Warranty Deed with Vendor's Lien" from Frank Kent Churchill and wife, Amy Ruth Churchill to Donald Ray Bailey as recorded in Clerk's File No. 98- 9812834, Official Public Records of Real Property, Jefferson County, Texas; THENCE NORTH 00 000'00" WEST, along and with the boundary between the said 1.30 acre Craig, et al. tract and the said 0.248 acre Bailey tract, for a distance of 68.07 feet to a point for comer, said comer being the Northeast corner of the said 0.248 acre Bailey and an interior ell corner of the said 1.30 acre Craig, et al. tract; THENCE SOUTH 89 059153" WEST, along and with the boundary between the said 1.30 acre Craig, et al. tract and the said 2.48 acre Bailey tract and the said 0.2497 acre Way, et al. tract, for a distance of 150.00 feet to the POINT OF BEGINNING and containing 0.0373 Acres, more or less. Surveyed on February 19, 2013. This legal description is being submitted along with a plat based on this survey (see EXHIBIT "B "). F P .G�STEgF. 9 ......... a AS ........... . Thomas S. Rowe, LS No. 5728 TH.. r ?� f''•.�so 5-728 �. O WA2013 \13- 130\13 -130 Craig TnU M&B -dot 9 '•••' F E 5 S \�• %� �� °••su``aV EXHIBIT "A" MARK ;V. WHITFLF.Y-IND- 4SSOCIATES.INC O -"!a 9 ` 1. NERSINP IN HIS SURVEY IS INTENDED TO EXPRESS AN OPINION REGARDING 0 Z ti p�oQ Z RE WORD COW IS MEW= TO BE AN EXPRESSIWV OF PROFESSIONAL ;o r 2Z JUDGMENT BY THE SURWM, WWCH IS BASED ON MIS BEST KNOWLEDGE; WORM47M C AND MU,, FORMED IV TFIE COURSE OF FNS PERFORMING TK SURVEY NV COMPLIANCE WIN 7FIE STANOMS OF PRACTICE REOUIRED AND PROMULGATED BY THE TEXAS BOARD � ~ tMz OF PROFWOIWL LAND S %eVRS AND T}N: 7ENAS SOCIETY OF PROFMPONU. W to SiNiWYORS. AS SUCH, IT CONSTRUTES NEITHER A GUAR NrEF NOR A WARRANTY, DOWESSED OR LWPUED. m � 04 C Ix 0 ra I� ' $ o MINOR STREET ' o a z'1 (60' ROW) o x REFERENCE BEARING � # ASSUMED o (CALL 145.00 ) # (CALL 155.00') z » $� FND NOT00 00V 145.06 FND N001001001W 154.94' co n o x m » rn PI w`n� $ Z c ^ C rn # co fiber a C4 C4 S o 0. ci v (CALL 145.00') $ ;U) * m % FND S00'01'41 T 145.15 aD G. yq imi 8 F� O 8 g� I �- o to 0 m -00 O D D >-A o oc>5m> -nn0 -` OKTO OD *w zz;u `O ° —v ;mo -1 m -i z - W m �mpmmdmKz Wm�Gi0C00zy O r --1 z m omo w� o• �o o -Rit p pp.o vU Z N V1ZV1ZZE0 (CALL 77.00') FND NWOO'00'W 76.99' _3"Q 1 � -` I i i 0 c I °x t �° I $off V � o• �'� n� $� z ix I �o I i FND S00'00'00T 76.99' (CALL 77.007 SEVENTH STREET (60' ROW) EXHIBIT "2" 8 0 0 #C-) rn rrrrrrrr VO�UTAWfU'-'Z rri Z V1ZV1ZZE0 oCOD o�o�oy O CA O N O LA A, M c o o% o%D o Z o ul CA � t�rA r, Arn d W Y W qD UI nN1U D) z O V o O o V V O o O W O o O n m FND S00'02'35'E 223.00' » (CALL 223.007 SCAM' 1 " =40' Fo�J RICH WITH OPPORTUNITY r T• E• X• A• S TO: City Council Agenda Item City Council FROM: Kyle Hayes, C//iit�ty Manager PREPARED BY: Patrick Donart, Public Works Director MEETING DATE: December 10, 2013 REQUESTED ACTION: Council consider a resolution authorizing the acceptance of a five foot (5') wide Exclusive Sanitary Sewer Easement. BACKGROUND Patrick H. Miller has agreed to convey a five foot (5') wide exclusive Sanitary Sewer Easement to the City of Beaumont. The easement is described as being a 0.0088 acre tract out of and Part of Block 1, Oaks Addition situated in the David Brown League, Abstract No. 5. The sanitary sewer easement is needed for the constructing and repair of the sanitary sewer line located at 134 North 7`h Street. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of resolution. RESOLUTION NO. WHEREAS, Patrick H. Miller has agreed to convey one (1) five foot (5') wide exclusive sanitary sewer easement, said easement being a 0.0088 acre tract out of and part of Block 1, Oaks Addition situated in the David Brown League, Abstract No. 5, as described in Exhibit "1 " and shown on Exhibit "2," attached hereto, to the City of Beaumont for the purpose of constructing and repairing the sanitary sewer line located at 134 North 7th Street; and, WHEREAS, the City Council has considered the purpose of said conveyance and is of the opinion that the acceptance of said conveyance is necessary and desirable and that same should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT.- THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT the easement conveyed by Patrick H. Miller, as described in Exhibit 1" and shown on Exhibit "2," be and the same is hereby, in all things, accepted for the stated purposes. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 10th day of December, 2013. - Mayor Becky Ames - STATE OF TEXAS X KNOW ALL MEN BY THESE PRESENTS: COUNTY OF JEFFERSON X SANITARY SEWER EASEMENT THAT, PATRICK H. MILLER, of the County of Jefferson, State of Texas, hereinafter called "GRANTOR ", for and in consideration of the sum of ONE AND NO /100 DOLLAR ($1.00), and other good and valuable consideration to us in hand paid by the CITY OF BEAUMONT, a municipal corporation domiciled in Jefferson County, Texas, hereinafter called "GRANTEE ", the receipt and sufficiency of which consideration is hereby acknowledged, have GRANTED, SOLD and CONVEYED, and by these presents do GRANT, SELL and CONVEY unto the CITY OF BEAUMONT, P. O. Box 3827, Beaumont, Texas 77704, Jefferson County, Texas, its successors and assigns, a Sanitary Sewer Easement and the right to construct, alter, and maintain said sanitary sewer line and appurtenances on the hereinafter described lands which said easement is under, over, in and across that certain tract or parcel of land owned by GRANTORS situated in the County of Jefferson, State of Texas, and being more particularly described in Exhibit "A & B" attached and made a part hereof for all purposes. The easement herein granted shall be used for the purpose of placing, constructing, operating, repairing, rebuilding, replacing, relocating, removing sanitary sewer lines and appurtenances, and the following rights are also hereby conveyed: It is expressly understood and agreed that the City of Beaumont shall have the right of ingress to and egress from the tract of land hereinbefore described and use of the same for the purposes aforesaid, and giving said City the right and privilege to improve, maintain and operate the same as permitted by law. EXHIBIT 1" Grantor agrees not to place any structures or appurtenances within the Easement Property. Grantee shall not be responsible for the repair and replacement of any paving or other structures within the Easement Property. TO HAVE AND TO HOLD the above described easement and right -of -way unto the said CITY OF BEAUMONT, its successors and assigns forever. EXECUTED this day of 120 GRANTOR: PATRICK H. MILLER ACKNOWLEDGMENT STATE OF TEXAS X COUNTY OF JEFFERSON X BEFORE ME, the undersigned authority, on this day personally appeared PATRICK H. MILLER, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of 20 Notary Public, State of Texas RETURN TO: City of Beaumont Antoinette Hardy - Engineering P. O. Box 3827 Beaumont, TX 77704 EXHIBIT "A►► Legal Description: 0.0088 Acre Sanitary Sewer Easement Out of and Part of Block 1 Oaks Addition Volume 3, Page 149, Map Records David Brown League, Abstract No. 5 Beaumont, Jefferson County, Texas BEING a 0.0088 acre sanitary sewer easement situated in the David Brown League, Abstract No. 5, Jefferson County, Texas and being out of and part of Block 1 of the Oaks Addition, a subdivision of the City of Beaumont, Jefferson County, according to the plat thereof recorded in Volume 3, Page 149, Map Records, Jefferson County, Texas and being out of and part of that certain tract of land as described in a "Warranty Deed with Vendor's Lien" from Charlsie Elizabeth Berly to Patrick H. Miller and wife, Robin R. Miller as recorded in Film Code No. 101 -95 -0344, Official Public Records of Real Property, Jefferson County, Texas, said 0.0088 acre sanitary sewer easement being more particularly described as follows: Note: All bearings are referenced to the West line of the said Block 1 as NORTH 00 000,00" WEST. COMMENCING at a 1/2" iron pipe found for the Southeast comer of the said Miller tract, said corner also being the Southeast corner of the said Block 1 and being the intersection of the North right -of -way line of South Street (based on a width of 60 feet) and the East right -of -way line of Seventh Street (based on a width of 60 feet); THENCE SOUTH 89 059'53" WEST, along and with the South line of the said Miller tract, the same being the South line of the said Block 1 and the North right -of -way line of South Street, for a distance of 145.60 feet to the POINT OF BEGINNING of the easement herein described; THENCE SOUTH 89 059'53" WEST, continuing along and with the South line of the said Miller tract, the same being the South line of the said Block 1 and the North right -of -way line of South Street, for a distance of 5.00 feet to a point of for comer (unable to find or set corner due to brick column), said comer being the Southwest corner of the said Miller tract and the Southeast comer of that certain called 0.248 acre tract of land as described in a "Warranty Deed with Vendor's Lien" from Frank Kent Churchill and wife, Amy Ruth Churchill to Donald Ray Bailey as recorded in Clerk's File No. 98- 9812834, Official Public Records of Real Property, Jefferson County, Texas; THENCE NORTH 00 °00'00" WEST, along and with the boundary between the said Miller tract and the said 0.248 acre Bailey tract, for a distance of 76.99 feet to a point for corner, said comer being the Northwest corner of the said Miller tract and the most Southerly Southwest corner of that certain called 1.30 acre tract of land as described in a "Special Warranty Deed with Vendor's Lien" from Bank of America N.T. and S. A. to O. Revon Craig and Martha Ann Conway as recorded in Film Code No. 104-44 -0296, Official Public Records of Real Property, Jefferson County, Texas; EXHIBIT "A" MARK W RWITELF_YANDASSOCIATES, INC! THENCE NORTH 89 059'53" EAST, along and with the boundary between the said Miller tract and the said 1.30 acre Craig, et al. tract, for a distance of 5.00 feet to a point for comer; THENCE SOUTH 00 000'00" EAST, over and across the said Miller tract and parallel and 5 feet perpendicular to the West line of the said Miller tract, for a distance of 76.99 feet to the POINT OF BEGINNING and containing 0.0088 Acres, more or less. Surveyed on February 19, 2013. This legal description is being submitted along with a plat based on ey (see EXJUIBIT "B "). //h/�`tr .,� Fo %, `o: Ir I , •... Thomas S. Row , LS No. 5728 TH'OMAS•S,,;ROW . 5728 W:\ 2013 \13 - 130\13 -130 Miller MRB.doc • `.9 ' 90 F E S 5 \O •`•� U ��V EXHIBIT "A" Page 2 of 2 NAKA IY. INC. � � � 4 1. NORM OR TIRE IS INR7M TO EXPRESS AN OPINION REGARDING p � ItI�l,j�� h1 2. THE WORD CM" IS UNDERS7000 TO BE AN EXPRESSION OF PROFESSIONAL " On .M/Dmw BY INE SAM M, W WH is BASED ON HIS BEST xNOW4EDO& WFORWflON W C y AND BELIEF. FORMED W 111E COURSE OF W PERFORMING THE SURVEY W COMPWCE C p � W"4 THE SfAN41 OF PRACTICE REi URM AND PROMULGATED 9Y THE TEXAS BOARD RQS POW { rn OF PROFESSIONN. LAND SURVEI'DRS AND THE TEXAS SOCIEW OF PROFESSIONAL O , C SMVEYMM AS SUCH. IT CONSURIIES NERHER A GW&TEE NOR A WARRANTY EXPRESSED OR IMPLIED. o ulz Q " m 8 _ MIN0,R oTREET '7 W/ `/ _ zit a REFERENCE BEARING ASSUMED wG' of FND 00N (CALL 145.06' _ FND AWDO'0O'W 154.94' � clo c�o �c7S m z pQo 5� o C o I �1 `� � � ~ � 0D O • m O Ot VS rh �•'0 i� N g' 14 c"n " o0 0 'y N'Ni�N+' of Sv p rn: fry v v` V �{� ; i o +� u`1 i (CALL 145.00') a i OR FND S00'01'41'E 145.15' 'Q o x S S �0c oc>Hwmm$o Z'p� %pvpm> -qD03 -jDmx -�`m-nizt?tTm X�Zr�<p�Z cDi���D0�mm -� p c x K r -I z mom0 w 0 a �g 0 v � V� o lob.m n a l �O� n � x FND S00'00'00"E 76.99' (CALL 77.00') 1 R [i ryl 0 g¢ O �C o� o OI SEVENTH STREET (60' ROW) EXHIBIT "2" __3vo I I �ig g- -cl) - J' ��o x a I I I FND SOO'02'35 E 223.00' (CALL 223.00') �o a hi.a o lob.m n a l �O� n � x FND S00'00'00"E 76.99' (CALL 77.00') 1 R [i ryl 0 g¢ O �C o� o OI SEVENTH STREET (60' ROW) EXHIBIT "2" __3vo I I �ig g- -cl) - J' ��o x a I I I FND SOO'02'35 E 223.00' (CALL 223.00') �o a RIC IT WITH OPPORTUNITY 11EA,[1M0N* T - E • X - A • Si REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS DECEMBER 10, 2013 1:30 P.M. AGENDA CALL TO ORDER * Invocation Pledge Roll Call * Presentations and Recognition * Public Comment: Persons may speak on scheduled agenda items 1 -2 /Consent Agenda * Consent Agenda GENERAL BUSINESS 1. Consider a resolution terminating the current contract for mowing privately owned, developed and vacant properties with CIMA Utility EXECUTIVE SESSIONS * Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code: The City of Beaumont vs. LinMarie Garsee, Individually, and LinMarie Garsee d/b /a L.G. Properties, Inc.; Cause No. 90304 United States Bankruptcy Court for the Eastern District of Texas, Beaumont Division; In Re: LinMarie Garsee; Case No. 13 -10479 City of Beaumont vs. Charles C. Ryan, Jr.; Case No. A- 0194623 * Consider matters related to the deliberation of the purchase, exchange, lease or value of real property in accordance with Section 551.072 of the Government Code, to wit: 625 Orleans Street, Hotel Beaumont COMMENTS Consider a resolution authorizing the settlement of the lawsuits styled The City of Beaumont vs. LinMarie Garsee, Individually, and LinMarie Garsee d/b /a L.G. Properties, Inc., Cause No. 90304; City of Beaumont vs. Charles C. Ryan, Jr., Case No. A- 0194623 Councilmembers /City Manager comment on various matters Public Comment (Persons are limited to 3 minutes Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact Mitchell Normand at 880 -3777 three days prior to the meeting. December 10, 2013 Consider a resolution terminating the current contract for mowing privately owned, developed and vacant properties with LIMA Utility 111,: � 11 1�1 C1 I ( T • E • X • A • S City Council Agenda Item TO: FROM: PREPARED BY: MEETING DATE: REQUESTED ACTION: BACKGROUND City Council Kyle Hayes, City Manager Laura Clark, Chief Financial Officer��. December 10, 2013 Council consider a resolution terminating the current contract for mowing privately owned, developed and vacant properties with CIMA Utility. Privately, owned, developed and vacant properties are in violation of the City's weed ordinance when uncultivated growth exceeds twelve (12) inches. Property owners are notified of the violation and given a specified time to bring the property into compliance. If property owners sail to comply with the ordinance, the City's contractor mows the property and the property owner is billed. Council Resolution 12 -181 awarded the contract to CIMA Utility (LIMA) on August 21, 2012. The contract is divided into four (4) sections and CIMA was awarded one section. CIMA has satisfactorily completed work since the award of contract; however, one of the requirements of this contract is for the contractor to provide workers' compensation, general liability and automobile liability insurance with no lapse of coverage during the contract period to exceed fifteen (l 5) days. If there is any lapse in these insurances the contractor is to notify the City immediately and cease all operations until authorized to resume in writing by the City. On November 29, 2012, City staff inquired about CIMA's insurance status from their insurance company. That same day, CIMA received notice from the City to cease operations due to their workers' compensation insurance being cancelled. This insurance was reinstated and CIMA was allowed to continue contracting with the City. On February 12, 2013, City staff inquired about CIMA's insurance status from their insurance company. That same day, CIMA received a notice from the City to cease operations due to their general liability insurance and automobile liability insurance being cancelled. Both insurances were reinstated and CIMA was allowed to continue contracting with the City. LIMA Utility December 10. 2013 Page 2 On November 14, 2013, the City staff inquired of the automobile liability insurance carrier as to the status of CIMA's policy. The insurance carrier stated that CIMA's automobile liability insurance was cancelled on August 11, 2013 and sent documentation of the cancellation. November 14, 2013, CIMA was contacted by telephone to cease operations due to their automobile liability insurance being cancelled. On November 18, 2013, Mr. Move stated that the automobile insurance was not cancelled and he had proof of payment. The insurance carrier was contacted and stated that CIMA had automobile liability insurance on November 18, 2013 but there was no record of payment from August 11, 2013 thru November 14, 2013. Mr. Moye was then given a week to provide proof of automobile liability insurance during the time frame in question and was also allowed to continue work under the contract. To this date, Mr. Moye has been unable to provide proof of insurance from August 11, 2013 thru November 14, 2013. This lapse of insurance for ninety three (93) days is beyond the fifteen (15) days allowed per the contract. Looking back, on March 23, 2011 CIMA was terminated from a contract with the City for a lapse of insurance of thirty five (35) days. Copies of all letters sent to CIMA are attached. CIMA currently has all required insurances, is working and providing services under this contract and has been notified that staff is recommending termination of the contract in accordance with the terms of the contract. FUNDING SOURCE General Fund. RECOMMENDATION Approval of resolution. RICH EIIITH OPPO TUNITY TT4( T - E - X - A - S City of Beaumont March 23, 20t 1 ATTN: Fabian Moye', Vice President Copy via Fax 409 -840 -9925 CIMA Utility Copy via First Class Mail 5480 Washington Original via Certified Mail Beaumont, TX 77707 Certificate No. 7005 1160 0005 2095 0665 RE: Six (6) Month Contract for Mowing Privately -Owned Developed and Vacant Property Bid No. MF0808 - -06 Dear Mr. Move' : The City of Beaumont received a Cancellation of Insurance notice from Orlando Reyes Insurance Agency on March 16, 2011 for your company, CIMA Utility (CIMA). This cancellation noted that the CIMA insurance policy was cancelled. On the same date Terry Welch, Buyer II for the City of Beaumont, contacted you and instructed you to cease mowing properties associated with the above referenced contract until your insurance was renewed, and gave you a time limit of five (5) days to renew your insurance. Monday, March 20, 2011, Mr. Welch was told that a representative of your company arrived at the City's Code Enforcement Division to request a packet of additional properties to mow. At that time, an invoice was presented for payment for previously issued mowing locations. The records show that the property for which you had been instructed to cease mowing, was mowed on Saturday, March 19, 2011. You were not authorized to mow any property for the City of Beaumont at that time due to the lack of insurance. In researching the lapse of insurance by your company it was verified that you were sent a Warning of Cancellation by your insurance company on January 25, 2011. The cancellation was effective on February 9, 201 1. The lapse of insurance was thirty -five (35) days prior to fie City of Beaumont being notified. Page 4, item 9.2 of the contract for Bid No. MFO808 -06 states: "The City shall be named as additional insured on all policies. Should any insurance required by this contractor lapse, the Contractor shall immediately cease all operations until authorized in writing by the City. If the lapse exceeds fifteen (15) days, the contract shall automatically terminate and the Contractor shall be in breach of this contract." Purchasing Division / Finance Department • (409) 880 -3720 • Fax (409) 880 -3747 Phvsical Address: 801 Main St., Ste. 315, Beaumont, TX 77701 Mailing Address: P.O. Box 3827, Beaumont, TX 77704 3827 CIMA Utility hermination Letter March 23, 201 1 Page 2 At this time the City of Beaumont is exercising the option provided on page 4, item 13, of the contract, and is issuing written notice to CIMA that this contract will be terminated effective March 29, 2011. You are not authorized to mow any additional properties for the City of Beaumont and you will be paid only for the properties mowed prior to March 20, 2011. In addition, be advised, CIMA Utility is hereby placed on six (6) month probation and will not be awarded any new contracts with the City of Beaumont during the probationary period. If you have any additional questions, please contact me at 409 -880 -3175 Sincerely, Patrick J./Bardwell Purchasing Manager PB . bd G. \VENDORS - PROBATION, ETCICIMAWMF0809-060ina termination Itr_6 mu probation doc cc: Terry Welch, Purchasing Joyce Tanner, Code Enforcement Fax No. 880 -3775 RICH WITH OPPORTUNITY [11:7A,1111CI T - E - X - A• S City of Beaumont November 29, 2012 ATTN: Fabian Moye', Owner Copy via Fax 409- 840 -9900 CIMA Utility Construction Co. Copy First Class Mail 5480 Washington Blvd., Ste. 418 Original via Certified Mail Houston, TX 77040 Certificate No. 7004 2510 0004 0121 6469 Re: Annual Contract for Mowing Privately -Owned Developed and Vacant Property Bid No. TF0412 -20 Dear Mr. Moye' : The purpose of this letter is to address your company's lack of Workers' Compensation Insurance coverage for the above referenced contract. After a check with your insurance carrier, Texas Mutual Insurance Company, it was discovered that your Workers' Compensation coverage had been cancelled on November 14, 2012 for non - payment. It is a requirement by contract that coverage for all insurance policies are maintained in force at all times during the performance and term of this contract, and that the City be notified of any lapse of coverage. Under General Specifications, page 4, item 9, subset 9.2, the contract states: 9.2 The City shall be named as additional insured on all policies. Should any insurance required by this contract lapse, the Contractor shall immediately cease all operations until authorized in writing by the City. If the lapse period exceeds fifteen (15) days, the City may terminate the contract and the Contractor shall be in breach of this contract. As per our phone conversation at 9:30 A.M. on Wednesday, November 28, 2012, you were to cease all work on this contract by 12:00 P.M. ON THAT DAY. Do not proceed with any work until you are compliant with the specifications of this contract. You are to provide an updated, valid insurance certificate or reinstatement letter for Workers' Compensation by 12:00 A.M., Tuesday, December 4, 2012. If the certificate or reinstatement is not received by this time, the City may terminate this contract. If you have any additional questions., please contact me at 409 - 880 -3107. Sincerely, Terry We ch Buyer II f W: bd G:ABIDS - DO NOT MOVE OR DELETE ! \P.12\Pu- F- 12 \T1�0412- 20_It, 92 _CIMA_wo rke,s comp Ins doc Joyce Tanner, Code Enforcement Fax No. 880 -3775 Division / Finance Department • (409) 880 -3720 • Fax (409) 880 -3747 yslcal Address: 801 Main St., Ste. 315, Beaumont, TX 7770 _ ,; ilina Address: P.O. Box 3827, Beaumont, TX 77704 -3827 RICH WITH OPPORTUNITY [IIE'Ai[11111 T E• X• A• S City of Beaumont ,bruary 12, 2013 TTN: Fabian Moye', Owner Copy via Fax 409 - 840 -9900 [MA Utility Construction Co. Copy First Class Mail 180 Washington Blvd., Ste. #8 Original via Certified Mail eaumont, TX 77707 Certificate No. 7004 2510 0004 0121 6377 Annual Contract for Mowing Privately -Owned Developed and Vacant Property Bid No. TF0412 -20 ear Mr. Moye' he purpose of this letter is to address your company's lapse of General Liability Insurance coverage for the above referenced >ntract. fter a check with your insurance agency, Select Insurance Group, it was discovered that your General Liability coverage had been tncelled along with your required Auto Insurance on January 18, 2013. The auto insurance was written on a new policy from llstate Insurance and received by the City with an effective date of January 30, 2013. This was a total of eleven (11) days that your >mpany did not have Auto Insurance coverage. As of February 12, 2013 your company still does not have the required General iability coverage in place. It is a requirement by contract that coverage for ALL required insurance policies are maintained in force ALL times during the performance and term of this contract, and that the City be notified of any lapse of coverage by the ontractor. nder General Specifications, page 4, item 9, subset 9.2, the contract states: 9.2 The City shall be named as additional insured on all policies. Should any insurance required by this contract lapse, the Contractor shall immediately cease all operations until authorized in writing by the City. If the lapse period exceeds fifteen (15) days, the City may terminate the contract and the Contractor shall be in breach of this contract. .s per our phone conversation on Wednesday, February 6, 2013, you were to cease all work on this contract ON THAT DAY. Be ivised, do NOT proceed with any work until you are compliant with the specifications of this contract. You are to provide an pdated, valid insurance certificate for General Liability, Auto Insurance, and Workers Compensation Policies with correct ►formation by 12:00 Noon, Tuesday, February 19, 2013. If the certificate or reinstatement is not received by this time, the City iay terminate this contract. Termination may result in a probationary period in which your company, CIMA Utility Construction Co., ad or any company in which you or any of your company officials are owners or officials, may not be considered for contracts with 1e City of Beaumont 'you have any additional questions, please contact me at 409- 880 -3107. incerely, p We luyer I 'W:bd G:ABIDS -DO 'v'OT MOVE OR DELETE TuI2Tu- F- 12vTF0412 -20 ltr #3 0MA ins.doc c: Joyce Tanner, Code Enforcement Fax No. 8 80-3 77 5 Purchasing Di n / Finance Department • (409) 880 -3720 • Fax (409) 880 -3747 P y h dress: 801 Main St., Ste. 315, Beaumont, TX 7 77 01 Mail ress: P.O. Box 3827. Beaumont, TX 77704 -3827 11/14/201" 11:2' &Aflstate. Paa,e l of l Billing Inquiry yJ New Inquiry Rot:trn to Results eCheck NolvGes QA Involces 'm Installments 422 History ?ti Clcse Make Payrnent Policy Number: 548593508 00 Insured Marne: FABIAN T MOYE Insured Name 2: Insured Address: 5490 WASHINGTON BLVD STE 8 BEAUMONT, TX777074149 Phone Number: Effective Date: 1/30/2013 Expiration Date: 1/30/2014 Current Amount Due: $0.00 Policy Balance: $0.00 Payment Due Date: Policy status: Terminated Policy Cancellation 8/11/7013 Date: Renewal Status: Company: Allstate County Mutual Insurance Company Agent of Record: PHILLIP MAYCUX Servicing Agent: LOB: Commercial Automobile State: Texas Pay Plan: Monthly Billing Method: Direct Bill Account Number: EZP /RCC Enrollment: No Affinity Account: Mortgagee /Altemate No Payor: Payor: Loan *: https:// allstateprodportal .issAexisnexis.com/ sites /A7ProdlnsurancePortal /_1... 11/ 14/2013 RESOLUTION NO. WHEREAS, on August 21, 2012, the City Council of the City of Beaumont, Texas, passed Resolution No. 12 -181 awarding an annual contract for mowing privately -owned developed and vacant properties in an estimated amount of $159,100 to CIMA Utility Construction Co., of Beaumont, Texas, for Section 1, North East; and, WHEREAS, on November 29, 2012, CIMA Utility Construction Co. received notice from the City to cease operations due to their workers' compensation insurance being cancelled. The insurance was reinstated and CIMA was allowed to continue contracting with the City; and, WHEREAS, on February 12, 2013, CIMA Utility Construction Co. received notice from the City to cease operations due to their general liability insurance being cancelled. The insurance was reinstated and CIMA was allowed to continue contracting with the City; and, WHEREAS, on November 14, 2013, CIMA was contacted by the City due to the August 11, 2013 cancellation of their automobile liability insurance. CIMA has provided proof of automobile liability insurance coverage effective November 18, 2013, but has not provided proof of coverage from August 11, 2103 thru November 17, 2013; and, WHEREAS, City Council is of the opinion that it is in the best interest of the City to terminate the current contract for mowing privately -owned developed and vacant properties for Section 1, North East with CIMA Utility Construction Co., of Beaumont, Texas 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 contract between the City of Beaumont and CIMA Utility Construction Co., of Beaumont, Texas, awarded to CIMA in Resolution No. 12 -181, is hereby terminated because of CIMA's breach of the terms of that agreement. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 10th day of December, 2013. - Mayor Becky Ames - 2 December 10, 2013 Consider a resolution authorizing the settlement of the lawsuits styled The City of Beaumont vs. LinMarie Garsee, Individually, and LinMarie Garsee d/b /a L.G. Properties, Inc., Cause No. 90304; City of Beaumont vs. Charles C. Ryan, Jr., Case No. A- 0194623 RICK WITH OPPORTUNITY [I r . � T - E - X - A - S TO: FROM: PREPARED BY: MEETING DATE: REQUESTED ACTION: RECOMMENDATION City Council Agenda Item City Council Kyle Hayes, City Manager Tyrone E. Cooper, City Attorney December 10, 2013 Consider a resolution authorizing the settlement of the lawsuits styled The City of Beaumont vs. LinMarie Garsee, Individually and LinMarie Garsee d/b /a L.G. Properties, Inc., Cause No. 90304; City of Beaumont vs. Charles C. Ryan, Jr., Case No. A- 0194623. Administration recommends approval of a resolution authorizing the settlement of lawsuits styled The City of Beaumont vs LinMarie Garsee Individually and LinMarie Garsee d /b /a L.G. Properties, Inc.; Cause No. 90304 and City of Beaumont vs. Charles C. Ryan, Jr., Case No. A- 0194623. which suits seek to recover $55,683.15 for the Small Business Revolving Loan Fund, and the release of demolition/litter liens and weed abatement charges in the total amount of $55.885.59 in exchange for LinMarie Garsee's payment of $30,000.00. The payment by Ms. Garsee of the foregoing amount will satisfy the city claims against her, except for the payment of real property taxes, currently pending in United States Bankruptcy Court for the Eastern District of Texas. Beaumont Division; In Re: LinMarie Garsee: Case No. 13- 10479. BACKGROUND This matter was most recently presented and discussed in Executive Session held on October 1, 2013 and will be presented again December 10, 2013. The City Attorney is requesting authority to settle this suit. FUNDING SOURCE $14,425.70 of the $30,000.00 will reimburse the Small Business Revolving Loan Fund's principle balance on its note and the remaining $15,574.30 will be credited to the various accounts from which the original payments were made. RESOLUTION NO. WHEREAS, the lawsuits styled The City of Beaumont vs. LinMarie Garsee, Individually and LinMarie Garsee d /b /a L.G. Properties, Inc.; Cause No. 90304 and United States Bankruptcy Court for the Eastern District of Texas, Beaumont, Division; In Re: LinMarie Garsee; Case No. 13 -10479 were discussed in Executive Session properly called and held Tuesday, October 1, 2013; and, WHEREAS, the lawsuits styled The City of Beaumont vs. LinMarie Garsee, Individually and LinMarie Garsee d /b /a L.G. Properties, Inc., Cause No. 90304; United States Bankruptcy Court for the Eastern District of Texas, Beaumont, Division, In Re: LinMarie Garsee, Case No. 13- 10479; and, various liens against property owned by LinMarie Garsee, L.G. Properties, Inc., and /or Charles C. Ryan, Jr. were discussed in Executive Session properly called and held Tuesday, December 10, 2013; and, WHEREAS, the City Attorney is requesting authority to settle these lawsuits; 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 Attorney be, and he is hereby, authorized to settle the lawsuits styled The City of Beaumont vs LinMarie Garsee Individually and LinMarie Garsee d /b /a L.G. Properties, Inc.; Cause No. 90304 and City of Beaumont vs. Charles C. Ryan, Jr.; Case No. A- 0194623; and settles liens the City claims against LinMarie Garsee, Charles C. Ryan, Jr. and L.G. Properties Inc. forthe receipt of the sum of Thirty Thousand and XX /100 Dollars ($30,000.00) and authorize the execution of all documents necessary to accomplish such settlement including the filing of satisfaction of judgment, release of lien and non -suit, with prejudice, of pending litigation as necessary to release all weed liens, demolition liens and any other type of lien the City has against LinMarie Garsee, Charles C. Ryan, Jr. and /or L.G. Properties, Inc. except any lien for real property taxes; and, BE IT FURTHER RESOLVED THAT the City Manager, or his designee, be and he is hereby authorized to execute all documents related to settlement of the matters set out above. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 10th day of December, 2013. - Mayor Becky Ames -