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HomeMy WebLinkAboutPACKET FEB 25 2014BEA[IMON* T - E- X• A• S REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS FEBRUARY 25, 2014 1:30 P.M. CONSENT AGENDA Approval of minutes — February 18, 2014 Confirmation of committee appointments Molly J. Dahm, PhD would be reappointed to the Convention and Tourism Advisory Board. The current term would expire October 2.3, 2014 . (Councilmember Audwin M. Samuel) A) Approve a resolution approving the award of a contract for Workers Compensation Claims Administration to Abercrombie, Simmons and Gillette (AS &G) of Houston B) Approve a resolution approving the award of a contract for property insurance broker to Higginbotham dba Talon Insurance Agency of Nederland C) Approve a resolution approving the award of a contract for real estate broker services to NAI Wheeler of Beaumont D) Approve a resolution approving a change order to the contract with Brystar Contracting, Inc., related to the Wastewater Treatment Plant Holding Pond Project and Dredging of Ponds 1 and 2 Project E) Approve a resolution authorizing the City Manager to execute all documents necessary, specifically including a MOU between the 842nd Transportation Battalion and the Beaumont Police Department F) Approve a resolution authorizing the City Manager to execute all documents necessary, specifically including a contract, in order for the Southeast Texas Auto Theft Task Force (City of Beaumont) to transfer a vehicle title to the City of Port Arthur Police Department G) Approve a resolution authorizing the acceptance of a ten foot wide Exclusive Water Line Easement for the construction and expansion of a building at 410 IH 10 South H) Approve a resolution authorizing the acceptance of a ten foot wide Non - Exclusive Water Line Easement, described as being a 948.42 sq foot acre tract out of the J. W. Bullock League, Abstract No. 7, for the construction of a new building located at 4925 West Cardinal Drive I) Approve a resolution authorizing the acceptance of a ten foot wide Non - Exclusive Water Line Easement, described as being a 4709.59 sq foot acre tract out of the J. W. Bullock League, Abstract No. 7, for the construction of a new building located at 4925 West Cardinal Drive RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the following reappointment be made: Reappointment Molly J. Dahm, PhD Commission Convention and Tourism Advisory Board Beginning Expiration of Term of Term 02/25/14 10/23/14 PASSED BY THE CITY COUNCIL of the City of Beaumont this the 25th day of February, 2014. - Mayor Becky Ames - RICH WITH OPPORTUNITY [I C, [I i�l C1 I T• E• X• A• S TO: FROM: PREPARED BY: MEETING DATE: City Council Agenda Item City Council Kyle Hayes, City Manager Laura Clark, Chief Financial Officer February 25, 2014 LAI REQUESTED ACTION: Council consider a resolution approving the award of a contract for Workers Compensation Claims Administration to Abercrombie, Simmons and Gillette (AS &G) of Houston in the amount of $64,900. BACKGROUND A Request for Proposal (RFP) for the self insured workers' compensation program's third party administrator (TPA) was sent to nine (9) potential responders. Three (3) responses were received. A panel of City staff met with the three respondents on February 12, 2014. The respondents interviewed were AS &G Claims Administration, TriStar Risk Management and The Littleton Group. After the interview, the panel evaluated the respondents using the criteria provided in the request for proposal. A copy of the criteria evaluation is attached. The RFP was solicited for a one (1) year contract. There is an option to renew this contract annually for a maximum of four (4) renewals. AS &G Claims Administration is the current provider for the City's Workers' Compensation Claims Administration and the previous annual cost was $64,828. The pricing requested in the current response is as follows: FUNDING SOURCE Employee Benefits Fund. RECOMMENDATION Approval of resolution. Contract Year Option Year 1 Option Year 2 Option Year 3 Option Year 4 Total Cost f Total $64,900 $67,500 $69,466 $71,550 $73,981 FUNDING SOURCE Employee Benefits Fund. RECOMMENDATION Approval of resolution. nq-n 10 Tm ƒ -0/ m m 2. % 2 m o m -n � / CD ■ � u) Q6 ?M CD ] k k 2 / _ w _ E � ■ � D 3. K � 0 ® / 2$ 0007 E a \§ \x 3 I / §/± m 5 E o.e a.s m (n % l< 0 / \ k \ § ?.{ / � a 0 CD 0 \k \/0 (n /0 $'\ o =.a ° e S a g./ & & ) n a'/ o k g I ® § « $ § - § ] §_ 7 2 / / :3 3 (D 2 ® . « / W 2 / i 0W / �U® W (D ¥, m « k E 7 a (n / E e \ \ \ � t \ / / \ \ / f k ■ D @ I � 0 2 n < 4 to q :-4 w o w w 0 a m m m 2) o Xk ] E c // / E 2 \ e f a0 : a a a �/o x / s \ a / /' OD w — m e co / < 9 w5 9 9 °9� \e® / \ \ ƒ \0 . � /a nq-n 10 Tm ƒ -0/ m m 2. % 2 m o m -n � / CD ■ � u) Q6 ?M CD ] k k 2 / _ w _ E � ■ � D 3. K � 0 RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to enter into a one (1) year contract with Abercrombie, Simmons & Gillette, Inc., of Houston, Texas, effective April 1, 2014, to administerthe City's self- insured workers' compensation program for $64,900 with the option to renew for four (4) additional years at the rates of $67,500 for option year one, $69,466 for option year two, $71,550 for option year three, and $73,981 for option year four. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 25th day of February, 2014. - Mayor Becky Ames - G3 RICH WITH OPPORTUNITY [I C. 11 1�1 C1 I T • E • % • A • S TO: FROM: PREPARED BY: MEETING DATE: City Council Agenda Item City Council Kyle Hayes, City Manager Laura Clark, Chief Financial Officer February 25, 2014 REQUESTED ACTION: Council consider a resolution approving the award of a contract for property insurance broker to Higginbotham dba Talon Insurance Agency of Nederland in the annual amount of $50,000. BACKGROUND The State of Texas allows cities to obtain a property insurance broker who acts on the city's behalf in obtaining property insurance quotes from various insurance carriers. In addition to providing insurance coverage placement, the broker will provide inspection and evaluation of buildings, building appraisals, risk modeling and all wind and hurricane exposure services. The broker cannot submit bids on insurance products and the services are rendered on a "fee only" basis. A Request for Proposal (RFP) for a property insurance broker was sent to ten (10) potential respondents. Three (3) responses were received. A panel of City staff met and evaluated the three responses according to the criteria provided in the RFP. A copy of the evaluation is attached. The RFP was solicited for a one (1) year contract. There is an option to renew this contract annually for a maximum of two (2) renewals. McGriff, Seibels & Williams is the current provider for the property insurance broker and the previous annual cost was $32,000. The pricing requested in the current response from Talon Insurance Agency is as follows: FUNDING SOURCE General Fund - Public Works. RECOMMENDATION Approval of resolution. Contract Year Option Year 1 Option Year 2 [Total Cost $50,000 $40,000 $40,000 FUNDING SOURCE General Fund - Public Works. RECOMMENDATION Approval of resolution. 7 Ao- \�72X 7 � y ) \ \ $ t k �g� ■ « 0Z o 7« 6 � ■ v co f o � r . ƒ 7 / ■ o e 0 tom$ \ \ � G @ 6 % @ f �\0 ��E « OD o ° \ < -s � � \ � _ ® WC \7/� 0 oq _ §7�& \¢« RESOLUTION NO. WHEREAS, bids were solicited for a annual contract, with two (2) annual options to renew for a period of one (1) year, for insurance broker services on behalf of the City of Beaumont for all property insurance related services; and, WHEREAS, Higginbotham dba Talon Insurance Agency, of Nederand, Texas, submitted a bid in the amount of $50,000 for the first year of service and $40,000 per year for the second and third years of service; and, WHEREAS, City Council is of the opinion that the bid submitted by Higginbotham dba Talon Insurance Agency, of Nederland, 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 ordinance are hereby, in all things, approved and adopted; and, THAT the bid submitted by Higginbotham dba Talon Insurance Agency, of Nederland, Texas, for an annual contract, with two (2) annual options to renew for a period of one (1) year, for insurance broker services for all City of Beaumont property insurance related services in the amount of $50,000 for the first year of service and $40,000 per year for the second and third years of service be accepted by the City of Beaumont. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 25th day of February, 2014. - Mayor Becky Ames - RICH WITH OPPORTUNITY [I 11E AirL , 11 1�1 El 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 � February 25, 2014 Council consider a resolution approving the award of a contract for real estate broker services to NAI Wheeler of Beaumont. The State of Texas recently allowed cities to select a licensed Texas Real Estate Broker to list and sell City -owned properties. City staff will select the properties that will be listed by the broker. "fhe broker will be responsible for writing and posting the property on the Multiple Listing Service (MLS) which is the online system where all real estate brokers post their new listings, posting the property on the company website, and carrying out other responsibilities associated with selling the property. A Request for Proposal (RFP) for a real estate broker was sent to eight (8) potential respondents. Two (2) responses were received. A panel of City staff met and evaluated the two (2) responses according to the criteria provided in the RFP. A copy of the evaluation is attached. The RFP was solicited for a one (1) year contract. There is an option to renew this contact annually for a maxirrium of two (2) renewals. The percentage fee that will be paid to NAI Wheeler is six percent (60/0) if another broker is involved and three percent (3 %) if no other broker is involved. FUNDING SOURCE Fees are paid from proceeds derived from the sale of property. RECOMMENDATION Approval of resolution. C § �j ƒ \ � 6N w ± C'5 CD / \ / \ ƒ� E±ƒ \ a .. E E ± k \ / \ \ \ \ \ / / \ E c t / K < < < < < < < 000 2 2 2222 E _ cn $� (D m \)/ / / ° 0 LO C'4 © o o / \ _ /Z/ � U) IL \ U') / / / / § � § � \ \ \ ) ./ » \ / /®& > k _ § _ .@ n c / 9 t ) k./ T) \ ® m $ s ƒ $ c 3 - \ \ '> 2 n @ _ .m a) o C: 0 - m 3 a 0 g G E ° E 2 CL 3 n E 2 ko §.@ % O) C o o u o a X a 2 g o a)-J 0) ® o 0 2 § $ ƒ % g ° 3: — >1 0 ° 3 a. ' E ± ± '� - w § <3k 3 U a= \Jfƒ� 5/ 2 RIO E m r # r lo \ \ / / \ E c t RESOLUTION NO. WHEREAS, Request for Proposals were solicited for a annual contract, with two (2) annual options to renew for a period of one (1) year, for real estate broker services on behalf of the City of Beaumont to list and sell City -owned properties; and, WHEREAS, NAI Wheeler, of Beaumont, Texas, submitted a response in the amount of six percent (6 %) if another broker is involved and three percent (3 %) if no other broker is involved; and, WHEREAS, City Council is of the opinion that the bid submitted by NAI Wheeler, 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 ordinance are hereby, in all things, approved and adopted; and, THAT the bid submitted by NAI Wheeler, of Beaumont, Texas, for an annual contract, with two (2) annual options to renew for a period of one (1) year, for real estate broker services to list and sell City -owned property in the amount of six percent (6 %) if another broker is involved and three (3 %) if no other broker is involved be accepted by the City of Beaumont. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 25th day of February, 2014. - Mayor Becky Ames - LC RICH WITH OPPORTUNITY [I r . � T• E - X• A• S TO: FROM: PREPARED BY: MEETING DATE: City Council Agenda Item City Council Kyle Hayes, City Manager Dr. Hani J. Tohme, P.E., Director of City Utilities a February 25, 2014 REQUESTED ACTION: Council consider a resolution approving a change order to the contract with Brystar Contracting, Inc., related to the Wastewater Treatment Plant Holding Pond Project and Dredging of Ponds 1 and 2 Project. BACKGROUND The City Council approved a contract with Brystar Contracting, Inc., on March 20, 2012, in the amount of $4,391,500.00. The contract was to clean Wastewater Treatment Plant Pond #1, convert it into a flow equalization basin, and install related piping and manholes. The contract includes Alternate Bid Item No. 2 that will clean all ponds. The proposed change order in the amount of $22,457.61 will provide the necessary supervision, labor, equipment, and insurance to install the proposed Junction Box 12 on the existing dual 42" diameter effluent pipes due to a conflict with existing electrical conduit banks. This item includes the relocation of the electrical conduits banks and the special shoring protection of the excavation required to work between this and other existing electrical and water piping. The Wastewater Treatment Plant is designed to process 46 million gallons per day. During a 2.5" rain event, the Plant receives up to 170 million gallons per day. Pond No. 1 of the Wastewater Treatment Plant was originally designed and constructed as part of the Waste Treatment Plant Improvements Project of 1971. The conversion of this pond into a flow equalization basin will increase the treatment capacity of the plant by increasing the storage capacity of the pond by 70 million gallons. The cleaning of the ponds will also increase their storage capacity and improve their functionality. Previous actions include: Resolution 12 -055 in the amount of $4,391,500.00 was passed by the City Council on March 20, 2012. Resolution 12 -105 in the amount of ($36,550.00) was passed by the City Council on May 15, 2011 WWrIP Holding Pond Project February 25, 2014 Page 2 of 2 Change Order #2 in the amount of $9,000 was executed on June 18, 2012. Resolution 13 -129 in the amount of $25,901.57 was passed by the City Council on June 18, 2013. Resolution 13 -192 in the amount of $154,620.00 was passed by the City Council on September 10, 2013. FUNDING SOURCE Capital Program. RECOMMENDATION Approval of resolution. CHANCE ORDER No. Five 5 DATE: January 30. 2014 PROJECT: City of Beaumont, Texas Wastewater Treatment Plara - Wa Weather Flow Improvements OWNER: City of Beaumont, Texas 801 Main Street Beaumont, Texas "77704 CONTRACTOR: Brystar Contracting, Inc. 8385 Chemical Road Beaumont, Texas '77705 TO THE OWNER: Approval of the following contact clanee is requested. Reason for Change: Removal and Relocation of existing electrical conduit necessary to install proposed Junction Box 12, including required labor, equipment, and special shoring ORIGINAL CONTRACT AMOUNT: Change Order No. 1 Change Order No. 2 Change Order No. 3 Change Order No. 4 THIS CHANGE, ORDER Description: Removal and Relocation of existing electrical conduit necessary to install proposed Junction Box 12, including required labor, equipment, and special shoring TOTAL AMOUNT OF THIS CHANGE ORDER: TOTAL REVISED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER: $ 4,391,500.00 $ (36,550.00) $ 9,000.00 $ 25,901.57 $ 154,620.00 Net Change $ 22,457.61 $ 22,457.61 $ 4,566,929.18 CONDITION OF CHANGE: "Contractor acknowledges and agrees that the adjustments in contract price and contract time stipulated in this Change Order represents full compensation for all increases and decreases in the cost: of, and the time required to perform the entire work under the Contract arising directly or indirectly from this Change Order and all previous Change Orders. Acceptance of this waiver constitutes an agreement between Owner and Contractor that the Change Order represents an all inclusive, mutually agreed upon adjustment to the Contract, and that Contractor will waive all rights to file a claim on this Change Order after it is properly executed." Recommended by: f Schaumburg & Polk, Inc. Engineer Approved by: City of Beaumont Owner Date: Z ; 5 !, f Date: A epted by: Bry star Cbraracting, Inc. Contractor % Date: 11S11 14- po ins • , 8385 Chemical Road v Beaumont, Texas 77705 . (403) 842 -6768 December 6, 2013 Mark Mann, P.E. Schaumburg & Polk, Inc. 8865 College Street Beaumont, Texas 77705 Re: WWTP Wet Weather Flow Improvements Additional Work Performed at Junction Box No. 12 (.1B12) Removal and Re- routing of Electrical Conduit and Special Shoring Required Due to Existing Waterline. Dear Sir: Pursuant to our conversations and as directed we completed additional work items not required under our original contract scope. Work was completed so as to minimize the cost of the work and any delay to our work and the project that would have resulted had we not complied as directed. We will be pleased to review this matter with you at your convenience and have provided the following breakdown of additional work for your review. 1. Existing Electrical Conduit: a. Isolate Circuit b. Excavate and remove conduit c. Provide temporary electric to existing gates d. Re -route conduit /wiring upon completion of JB 12 e. 1 day delay of crew 2. Provide Special Shoring to Accommodate Unknown Waterline a. Rental/installation of special shoring b. 1 day delay of crew Labor and Equipment $ 7,276.00 Sub (Electrician) $ 1,200.00 Materials (Rented Shoring) $11,052.36 OH &P (15 %) $ 2,929.25 Total $22,457.61 Should you have any questions please do not hesitate to call. Si ;ane Project Manager oerVicinq Branch: 5777 MLK Boluevard Beaumont, TX 77705 Phone: 409- 832 -3030 Fax: 409- 832 -3033 Please do not remit payrnents to the above address Sale Invoice Invoice Number: 0271331 NATIONAL Invoice Date: 9/6/2013 TRENCH SAFETY Contract: R128309 Rent Begin Date: "THE TRENCIi AND TRAFFIC SAFETY SPECIALISTS" v 888.234.9244 (Toll Free) • 832.200.0989 Fax . www.ntsafety.comCustcmer No: 000003Y Bill To: BRYSTAR CONTRACTING INC. 8385 CHEMICAL RD BEAUMONT, TX 77705 C:?,, Ship To Address: ' BEAUMONT SEWER PLANT LAFFIN ROAD RON 409- 842 -6768 BEAUMONT, TX 77705 Customer PO: Ship Via: Confirm To: Terms: Salesman: 26652 OUR TRUCK RON 409 - 842 -6768 NET UPON RECEIPT RC12 Item Number Ordered Shipped Back Ordered Unit Price Extension DCOT 1 1 0 DELIVERY TRUCK 0.00 DAY 0.00 WEEK 0.00 MONTH Billed from 1 Days t'LtHJt NU I t UUK NtW "KtMIT FU- PAYR Invoice Due and Payable at: NTS Mikedon, LLC PO Box 750963 Houston, TX 77075 All terms and conditions of original contract apply. * *RENTAL FEES DO NOT APPLY TO SALE ** TENT ADDRESS 150.00 Net Order: Sales Tax Order Total 150.00 150.00 ') � Q IVL.JV I Bill To: Ship To Address: BRYSTAR CONTRACTING INC. WASTEWATER TREATMENT PLANT 8385 CHEMICAL RD LAFIN RD BEAUMONT, TX 77705 KYLE 409 - 284 -0502 -' BEAUMONT, TX 77705 �! Customer PO: Ship Via: Confirm To: Terms: Salesman: 26581 OUR TRUCK KYLE NET UPON RECEIPT BB12 Item Number Ordered Shipped Unit Price Extension 213600001 8X8 TRENCH BOX -4" WALL Billed from 8/14/2013 9/10/2013 28 Serial Number: B738- NTS315 250080096 8'X 8" RND SPREADER - Billed from 8/14/2013 9/10/2013 28 250000005 SPREADER PINS FOR BOXES Billed from 8/14/2013 " CUSTOMER PICKED UP 1 1 98.00 DAY 294.00 WEEK 880.00 MONTH Days 4 4 0.00 DAY 0.00 WEEK 0.00 MONTH Days 8 8 0.00 DAY 0.00 WEEK 0.00 MONTH 9/10/2013 �28 Days NLLA5L NU I t UUR NEW "REMIT I U" PAYI) Invoice Due and Payable at: NTS Mikedon, LLC PO Box 750963 Houston, TX 77075 All terms and conditions of original contract apply. "RENTAL FEES DO NOT APPLY TO SALE" f LENT ADDRESS 1 Net Order: ::1 11 no low 880.00 Sales Tax: 72.60 Order Total: 952.60 { New Rental _�Servicinq Branch: Invoice Number: 0271801 5777 MLK Boluevard NATIONAL. Invoice Date: 9/10/2013 Beaumont, TX 77705 TRENCH SAFETY Contract: R126100 Phone: 409- 832 -3030 Rent Begin Date: 8!14/2013 Fax: 409 - 832 -3033 "THE TRENCH AND TRAFFIC SAFETYSPECIALISTS" Please do not remit payments 888 234.9244 (Toll Free) • 832.200.0989 max • www.ntsaf -t com t y Cus mer tJo: 000003Y to the above address - �- Bill To: Ship To Address: BRYSTAR CONTRACTING INC. WASTEWATER TREATMENT PLANT 8385 CHEMICAL RD LAFIN RD BEAUMONT, TX 77705 KYLE 409 - 284 -0502 -' BEAUMONT, TX 77705 �! Customer PO: Ship Via: Confirm To: Terms: Salesman: 26581 OUR TRUCK KYLE NET UPON RECEIPT BB12 Item Number Ordered Shipped Unit Price Extension 213600001 8X8 TRENCH BOX -4" WALL Billed from 8/14/2013 9/10/2013 28 Serial Number: B738- NTS315 250080096 8'X 8" RND SPREADER - Billed from 8/14/2013 9/10/2013 28 250000005 SPREADER PINS FOR BOXES Billed from 8/14/2013 " CUSTOMER PICKED UP 1 1 98.00 DAY 294.00 WEEK 880.00 MONTH Days 4 4 0.00 DAY 0.00 WEEK 0.00 MONTH Days 8 8 0.00 DAY 0.00 WEEK 0.00 MONTH 9/10/2013 �28 Days NLLA5L NU I t UUR NEW "REMIT I U" PAYI) Invoice Due and Payable at: NTS Mikedon, LLC PO Box 750963 Houston, TX 77075 All terms and conditions of original contract apply. "RENTAL FEES DO NOT APPLY TO SALE" f LENT ADDRESS 1 Net Order: ::1 11 no low 880.00 Sales Tax: 72.60 Order Total: 952.60 { Servicing Branch: Rental Return 5777 MLK Boluevard NATIONAL Invoice Number: 0274943 Beaumont, TX 77705 Extension Invoice Date: 9/24/2013 Phone: 409 - 832 -3030 TRENCH SAFETY Contract R128309 Fax: 409 - 832 -3033 Rent Begin Date: 9/6/2013 Days "THE TRENCH AND TRAFFIC SAFETY SPECIALISTS•' Please do not remit payments to the above address 888 234,9244 (Toll Free) • 832.200,0989 Fax • www.ntsafet co y rrCustomer No: 000003Y Bill To: BRYSTAR CONTRACTING INC. 8385 CHEMICAL. RD BEAUMONT, TX 77705 Ship To Address: BEAUMONT SEWER PLANT LAFFIN ROAD RON 409- 842 -6768 �! BEAUMONT, TX 77705 Customer PO: Ship Via: 26652 OUR TRUCK Confirm To: RON 409 -842 -6768 Salesman: NET UPON RECEIPT RC12 Item Number Shipped Returned Balance Unit Price Extension 330000002 8 8 0 1,800.00 20'X24" STEEL SHEETING 25.00 DAY 75.00 WEEK 225.00 MONTH Billed from 9/6/2013 9/23/20W'18 Days DCOT 1 1 0 150.00 150.00 PICKUP CHARGE 0.00 DAY 0.00 WEEK 0.00 MONTH Billed from W;` Days rLtAbt NU I t UUR NEW "REMIT TO" PAYN Invoice Due and Payable at: NTS Mikedon, LLC PO Box 750963 Houston, TX 77075 All terms and conditions of original contract apply. "RENTAL FEES DO NOT APPLY TO SALE" ENT ADDRESS Net Order 1,950.00 Sales Tax: 160.88 Order Total: 2,110.88 i// Se1�cing Branch: °75777 MLK Boluevard Beaumont, TX 77705 Phone: 409 -832 -3030 Fax. 409 -832 -3033 Please do not remit payments to the above address Bill To: BRYSTAR CONTRACTING INC. 8385 CHEMICAL RD BEAUMONT, TX 77705 Ship To Address: WASTEWATER TREATMENT PLANT LAFIN RD KYLE 409- 284 -0502 BEAUMONT, TX 77705 , Customer PO: Ship Via: Confirm To: Terms: Salesman: 26581 i OUR TRUCK KYLE NET UPON RECEIPT RC12 Item Number Shipped Returned Balance Unit Price Extension 213600001 1 1 0 588.00 8X8 TRENCH BOX -4" WALL 98'00 DAY 294.00 WEEK 880.00 MONTH Rilleri frnm 9/11/2013' 9/23/201313 Days Serial Number: B738- NTS315 250080096 4 4 0 8'X 8" RND SPREADER 0.00 DAY 0.00 WEEK 0.00 MONTH Billed from 9/11/2013 9/23/2013 °13 Days 250000005 8 8 0 SPREADER PINS FOR BOXES 0.00 DAY 0.00 WEEK 0.00 MONTH Billed from 9/11/2013 9/23/2013 13 Days ,1 I'LtA5t NU I L UUK NLW "KEMI I I U" PAYh Invoice Due and Payable at: NTS Mikedon, LLC PO Box 750963 Houston, TX 77075 All terms and conditions of original contract apply. "RENTAL FEES DO NOT APPLY TO SALE" �tm d I Vr.'. S � z,, IENT ADDRESS ME wk Net Order 588.00 Sales Tax: 48 -51 Order Total: 636.51 (2,111 1 Rental Return Invoice Number: 0274947 NATIONAL Invoice Date: 9/24/2013 TRENCH SAFETY Contract: R126100 Rent Begin Date: 9/11/2013 "THE TRENCH AND TRAFFIC SAFETY SPECIALISTS" 853.234.9244 (Toll Free) ' 832.200.0909 Fax • www.ntsafety.concustomer No`- 000003_Y Bill To: BRYSTAR CONTRACTING INC. 8385 CHEMICAL RD BEAUMONT, TX 77705 Ship To Address: WASTEWATER TREATMENT PLANT LAFIN RD KYLE 409- 284 -0502 BEAUMONT, TX 77705 , Customer PO: Ship Via: Confirm To: Terms: Salesman: 26581 i OUR TRUCK KYLE NET UPON RECEIPT RC12 Item Number Shipped Returned Balance Unit Price Extension 213600001 1 1 0 588.00 8X8 TRENCH BOX -4" WALL 98'00 DAY 294.00 WEEK 880.00 MONTH Rilleri frnm 9/11/2013' 9/23/201313 Days Serial Number: B738- NTS315 250080096 4 4 0 8'X 8" RND SPREADER 0.00 DAY 0.00 WEEK 0.00 MONTH Billed from 9/11/2013 9/23/2013 °13 Days 250000005 8 8 0 SPREADER PINS FOR BOXES 0.00 DAY 0.00 WEEK 0.00 MONTH Billed from 9/11/2013 9/23/2013 13 Days ,1 I'LtA5t NU I L UUK NLW "KEMI I I U" PAYh Invoice Due and Payable at: NTS Mikedon, LLC PO Box 750963 Houston, TX 77075 All terms and conditions of original contract apply. "RENTAL FEES DO NOT APPLY TO SALE" �tm d I Vr.'. S � z,, IENT ADDRESS ME wk Net Order 588.00 Sales Tax: 48 -51 Order Total: 636.51 (2,111 1 S�icing Branch• 5777 MLK Boluevard Beaumont, TX 77705 Phone: 409- 832 -3030 Fax: 409 -832 -3033 Please do not remit payments to the above address Rental Return A Invoice Number: 0275024 NATIONAL Invoice Date 9/24/2013 TRENCH SAFETY Contract: R124910 Rent Begin Date: 9/6/2013 "THE TRENCH AND TRAFFIC SAFETY SPECIALISTS" 83°.234.9244 (Toll Free) • 832.200.0989 Fax • www ntsafety.corr'Customer No. 000003Y Bill To: BRYSTAR CONTRACTING INC. 8385 CHEMICAL RD BEAUMONT, TX 77705 Ship To Address: BEAUMONT SEWER PLANT LAFFIN ROAD r RON 409 -842 -6768 BEAUMONT, TX 77705 Customer PO: Ship Via: Confirm To: Terms: Salesman: 26652 OUR TRUCK RON 409- 842 -6768 NET UPON! RECEIPT RC12 Item Number Shipped Returned Balance Unit Price Extension 330000002 22 22 0 4,950.00 20'X24" STEEL SHEETING 25.00 DAY 75.00 WEEK 225.00 MONTH Billed from 9/6/2013 91123/2013 18 Days 330000011 1 1 0 SHEETING LIFTING DEVICE 0.00 DAY 0.00 WEEK 0.00 MONTH Billed from 9/6/2013 9/23/20131_8 Days 140002020 2 2 0 20'x20' 4 -Way Manhole Brace 88.00 DAY 264.00 WEEK 792.00 MONTH Billed from 9/6/2013 "� 9/23/20138 160500001 SHORE PUMP - PLASTIC Can Days _1 1 0 10.00 DAY 30.00 WEEK 90.00 MONTH Billed from 9/6/2013 9/23/2013 -f8 Days 170000004 1 1 0 RT -48" Release Tool 1.00 DAY 3.00 WEEK 9.00 MONTH Billed from 9/6/2013 9/23/2013 18 Days 183000002 1 1 0 4 Way MHB Hose Manifold 1.00 DAY 3.00 WEEK 9.00 MONTH Billed from 9/6/2013 9/23/2013 18 Days Alk c,Ep 1 b 241 Net Order F'LtAJt Nu I t UUK NEW "REMI f I U•' PAYR Invoice Due and Payable at: NTS Mikedon, LLC PO Box 750963 Houston, TX 77075 All terms and conditions of original contract apply. "RENTAL FEES DO NOT APPLY TO SALE" IENT ADDRESS Sales Tax Order Total We] 1,584.00 • 11 • 1/ 6,642.00 F-MrM•T.i r RESOLUTION NO. WHEREAS, on March 20, 2012, the City Council of the City of Beaumont, Texas, passed Resolution No. 12 -055 awarding a contract in the amount of $4,391,500 to Brystar Contracting, Inc., of Beaumont Texas, for the Wastewater Treatment Plant Holding Pond Project and Dredging of Ponds 1 and 2 Project; and, WHEREAS, on May 15, 2012, the City Council of the City of Beaumont, Texas, passed Resolution No. 12 -105 approving Change Order No. 1 in the amount of ($36,550) for alternate materials related to the electrical components of the project, thereby decreasing the contract amount to $4,354,950; and, WHEREAS, on June 18, 2012, the City Manager executed Change Order No. 2 in the amount of $9,000.00 to furnish all necessary supervision, labor, equipment, and insurance to complete the loading and hauling of dirt from the City of Beaumont Waste Water Treatment Plant to the dirt stockpile location on the City of Beaumont landfill in tandem dump trucks, thereby increasing the contract amount to $4,363,950; and, WHEREAS, on June 18, 2013, the City Council of the City of Beaumont, Texas, passed Resolution No. 13 -129 approving Change Order No. 3 in the amount of $25,901.57 to delete the bar screen mechanism, furnish and install additional concrete for aeration pads, increase Bid Item 3 for additional solids removal from Pond 1, provide for the cleaning of solids from Pond 2, and delete Alternate Bid Item No. 2, thereby increasing the contract amount to $4,389,851.57; and, WHEREAS, on September 10, 2013, the City Council of the City of Beaumont, Texas, passed Resolution No. 13 -192 approving Change Order No. 4 in the amount of $154,620 to provide the necessary supervision, labor, equipment, and insurance to load and haul earthen material and construct an earthen levee sludge containment area, thereby increasing the contract amount to $4,544,471.57; and, WHEREAS, Change Order No. 5 in the amount of $22,457.61 is required to provide the necessary supervision, labor, equipment, and insurance to install the proposed Junction Box 12 on the existing dual 42" diameter effluent pipes due to a conflict with existing electrical conduit banks, thereby increasing the contract amount to $4,566,929.18; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT- THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT the City Manager be and he is hereby authorized to execute Change Order No. 5 for additional work described above, thereby increasing the contract amount by $22,457.61 for a total contract amount of $4,566,929.18. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 25th day of February, 2014. - Mayor Becky Ames - RICH WITH OPPORTUNITY ILI . � T• E• X - A• S TO: FROM: PREPARED BY: MEETING DATE: City Council Agenda Item City Council Kyle Hayes, City Manager James P. Singletary, Chief of Police February 25, 2014 REQUESTED ACTION: Consider a resolution authorizing the City Manager to execute all documents necessary, specifically including a MOU between the 842 °d Transportation Battalion and the Beaumont Police Department. BACKGROUND This is a new Memorandum of Understanding requested by the 842" Transportation Battalion at the Port of Beaumont. This will establish written procedures concerning the exchange of information, case investigation, cases involving civilian alleged offenders, jurisdiction, and coordination of efforts and assets between the Beaumont Police Department and the Battalion. Military units all over the country have been directed to enter into a joint Memorandum of Understanding with local law enforcement to seek better handling of cases involving military members that are sexual assault victims. FUNDING SOURCE Not Applicable. RECOMMENDATION Approval of resolution. E 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 Memorandum of Understanding between the City of Beaumont and 842 "d Transportation Battalion, through the Department of the Army, to establish written procedures concerning the exchange of information, case investigations, cases involving civilian alleged offenders, jurisdiction, and coordination of efforts and assets in sexual assault cases involving an active duty Service member. Said Memorandum of Agreement is substantially in the form attached hereto as Exhibit "A" and made a part hereof for all purposes. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 25th day of February, 2014. - Mayor Becky Ames - REPLY TO ATTENTION OF: DEPARTMENT OF THE ARMY MILITARY SURFACE DEPLOYMENT AND DISTRIBUTION COMMAND 842D TRANSPORTATION BATTALION 1350 Leonard Street BEAUMONT, TX 77701 -3610 MEMORANDUM OF UNDERSTANDING BETWEEN 842nd TRANSPORTATION BATTALION AND BEAUMONT POLICE DEPARTMENT SUBJECT: Memorandum of Understanding 1. PURPOSE: To establish written procedures concerning the exchange of information, case investigation, cases involving civilian alleged offenders, jurisdiction, and coordination of efforts and assets between the Beaumont Police Department in sexual assault cases involving an active duty Service member. 2. GENERAL: This MOU does not create additional jurisdiction or limit or modify existing jurisdiction vested in the parties. This MOU is intended exclusively to provide guidance and documents an agreement for general support between the 842nd Transportation Battalion and Beaumont Texas Police Department, located in Jefferson County Texas. Nothing contained herein creates or extends any right, privilege, or benefit to any person or entity. (See DoD Directive 5400.11 (Reference (ah)). As used herein, the term "Service member" refers to an active duty Service member, Military Service Academy cadet or midshipmen, or National Guard or Reserve Service member when performing active service and inactive duty training (as defined in section 101(d) (3) of Reference (a)) or a member of the Coast Guard or Coast Guard Reserve (when the Coast Guard is operating as a service in the Navy). 3. RESPONSIBILITIES: A. The Beaumont Texas Police Department agrees to perform the following actions: (1) When investigating sexual assault cases, the Beaumont Texas Police Department will endeavor to determine whether the alleged offender is a Service member. If the alleged offender is a Service member, the investigating officer(s), to the extent allowed by Texas law, will endeavor to provide the public copy information, as defined by Texas law, of the 842nd Transportation Battalion. A copy of the probable cause affidavit, with any applicable redactions as required by Texas Law, of any, arrest made in the case will be forwarded as prescribed by this agreement. (2) When investigating sexual assault cases, the Beaumont Texas Police Department will endeavor to determine whether the victim is a Service member. If the victim is a Service member, the investigating officer(s) shall seek the victim's consent to forward the copy allowed by Texas law of the incident/investigation report to the EXHIBIT "A" SUBJECT: Memorandum of Understanding 842 "d Transportation Battalion VA -SHARP so that it can be provided to the victim's commander. If the victim so consents, the investigating officer(s) shall note on the top of the incident /investigation report "Copy to the 842 "d Transportation Battalion" and the designated personnel shall ensure the copy is forwarded. If the victim does not consent, the investigating officer(s) shall note in the body of the incident /investigation report that the victim did not consent to forwarding the report to the 842 "d Transportation Battalion and shall not direct designated personnel to forward the report, but the copy of the report allowed by Texas law report shall be provided to the 597th Transportation Brigade Sexual Assault Response Coordinator (SARC). A copy of the probable cause affidavit of any arrest made in the case will be forwarded as prescribed by this agreement. (3) When responding to or investigating sexual assault cases, and the Beaumont Texas Police Department ascertains that the alleged offender and the victim are both Service members, the investigating officer shall seek the victim's consent to forward a public copy of the incident /investigation report to the 842 "d Transportation Battalion VA -SHARP to provide a copy to the victim's commander. If the victim so consents, the investigating officer(s) shall note on the top of the incident /investigation report "Copy to the 842 "d Transportation Battalion" and the designated Records personnel shall ensure the copy is forwarded. If the victim does not consent, the investigating officer(s) shall note in the body of the incident /investigation report that the victim did not consent to forwarding the report to the 842 "d Transportation Battalion and shall not direct designated personnel to forward the report, but the public copy of the report shall be provided to the 597th Transportation Brigade Sexual Assault Response Coordinator (SARC). (4) When the Beaumont Texas Police Department receives a copy of a temporary or permanent civil protection order (CPO) issued by a court of competent jurisdiction, the investigating officer(s) shall ascertain whether the alleged offender is an active duty Service member. If the alleged offender is active duty, the investigating officer(s) shall note on the top of the CPO "Copy to the 842 "d Transportation Battalion" and the designated Records personnel shall ensure the copy is forwarded as provided by Texas Code of Criminal Procedures Art. 5.05 Reports and Records. (5) When the Beaumont Texas Police Department receives a copy of a temporary or permanent CPO, the investigating officer(s) shall ascertain whether the victim is a Service member. If the victim is a Service member, the investigating officer(s) shall seek the victim's consent to forward a copy of the CPO to the 842nd Transportation Battalion. If the victim so consents, the investigating officer(s) 2 shall note on the top of the CPO "Copy to the 842nd Transportation Battalion" and the designated personnel shall ensure the copy is forwarded. If the victim does not SUBJECT: Memorandum of Understanding consent, the investigating officer(s) shall not request that a copy of the CPO be forwarded to the 842nd Transportation Battalion. (6) When the Beaumont Texas Police Department becomes aware of a violation of a term or provision of an MPO by a member of the military, the investigating officer(s) shall notify the designated representative from the Fort Sam Houston, TX CID of the violation. (7) The Beaumont Texas Police Department shall provide the Fort Sam Houston, TX CID with an area for Installation Law Enforcement investigators to conduct interviews of Service members who are involved in sexual assault incidents if the event occurred on military property or property where the military law enforcement investigators would have jurisdiction. (8) The Fort Sam Houston, TX CID shall, when appropriate, conduct joint investigations with the Beaumont Texas Police Department if incidents of sexual assault involve Service members. (9) When the victim in a sexual assault incident has been identified as a service member, the Beaumont Texas Police Department investigating officer(s) will endeavor to provide the victim with basic information, acquired from the 842nd Transportation Battalion VA -SHARP about local resources available to sexual assault victims. (10) As new Special Crimes Investigators are assigned to the Criminal Investigations Unit, their immediate supervisor shall provide them with copies of this MOU and basic instruction for effectuating the provisions of this MOU. B. The 842nd Transportation Battalion agrees to perform the following actions: (l) The 842nd Transportation Battalion shall designate an individual to act as liaison to the Beaumont Texas Police Department and to receive copies of incident /investigation reports stemming from an incident occurring off of the port and CPOs involving Service members. (2) When the 842nd Transportation Battalion receives a copy of an MPO from any military installation, the 842nd Transportation Battalion shall forward a copy of the MPO to the Beaumont Texas Police Department. SUBJECT: Memorandum of Understanding 4. EFFECTIVE ADMINISTRATION AND EXECUTION OF THIS MOU: A. This MOU shall be reviewed annually and shall remain in full force and effect until specifically abrogated by one of the parties to this agreement with 60 days written notice to the other party. B. Effective execution of this agreement can only be achieved through continuing communication and dialogue between the parties. It is the intent of this MOU that channels of communication shall be used to resolve questions, misunderstandings, or complaints that may arise that are not specifically addressed in this MOU. C. Personnel from the 842nd Transportation Battalion and from the Beaumont Texas Police Department shall meet, as necessary and appropriate, to discuss open cases involving Service members and to share information regarding reciprocal investigations. D. The primary POC for this agreement is LTC Bowser, Darrin; 842nd Transportation Battalion, 1350 Leonard Street, 409 - 784 -3801, darrin.m.bowser.miljmail.mil DARRIN M. BOWSER LTC, LG Commanding (Date) Kyle Hayes City Manager City of Beaumont (Date) �J RICH WITH OPPORTUNITY C► � T - E - X - A - S TO: City Council Agenda Item City Council FROM: Kyle Hayes, City Manager PREPARED BY: James P. Singletary, Chief of Police MEETING DATE: February 25, 2014 REQUESTED ACTION: Consider a Resolution authorizing the City Manager to execute all documents necessary, specifically including a contract, in order for the Southeast Texas Auto Theft Task Force (City of Beaumont) to transfer a vehicle title to the City of Port Arthur Police Department. BACKGROUND The Texas Gov't. Code Ann. Sec. 791.001 allows local governments to contract with one another to provide a governmental function that each local government is authorized to perform individually. Each year, the City of Beaumont, City of Port Arthur, Jefferson County, Hardin County, Jasper County and Orange County enter into an Interlocal contract with each other, forming a joint cooperative agency which is known as the Southeast Texas Auto Theft Task Force. Using grant funding, the Southeast Texas Auto Theft Task Force purchased a 2014 Ford F150 truck to be used by investigators in furtherance of the Task Force's objectives. This vehicle will be used to replace a 2007 truck with approximately 135,000 miles that has been assigned to the Port Arthur Investigator with the task force. In 2010 the City of Beaumont and the Southeast Texas Auto Theft Task Force entered in to an agreement with the City of Port Arthur to transfer the title of the vehicle to allow the City of Port Arthur to maintain the vehicle and provide insurance. This agreement worked to the advantage of all parties and the Southeast Texas Auto Theft Task Force is requesting that a similar agreement be entered into, allowing the 2014 vehicle to be transferred to the City of Port Arthur Police Department in accordance with past practice. The 2007 vehicle will be returned to the City of Beaumont to be sold at auction for program income, in accordance with the past agreement. FUNDING SOURCE Not Applicable. RECOMMENDATION Approval of Resolution. SOUTHEAST TEXAS AUTO THEFT TASK FORCE USE AND MAINTENANCE AGREEMENT For one dollar ($1.00) and other consideration, consideration of which is herein acknowledged, the Southeast Texas Auto Theft Task Force (hereinafter referred to as "Task Force ") agrees, via its Project Director, to transfer title of the vehicle identified as a 2014 Ford F150, VIN IFTFW1CF8EKD33511, (which vehicle was acquired with Task Force grant funds for use by the Task Force and is currently titled to the City of Beaumont) to the City of Port Arthur under the following terms and conditions: 1)The vehicle identified above (hereinafter referred to as "the vehicle ") shall be maintained by the City of Port Arthur in accordance with the maintenance standards established by the manufacturer. All maintenance records on the vehicle shall promptly be provided to the Task Force and shall be available upon request to the Task Force. 2)The vehicle shall be used for Task Force purposes and is to be driven solely by the one or more designated peace officers of the City of Port Arthur who is /are assigned to the Task Force. 3) By assuming title to the vehicle, the City of Port Arthur agrees to be responsible for all damages to the vehicle, and all maintenance and repairs to the vehicle, in accordance with manufacturer's standards for the period of time that the City of Port Arthur retains title. Specifically, if the vehicle is damaged while in the possession of the City of Port Arthur, the "Task Force will be reimbursed by the City of Port Arthur for either the reasonable replacement (in accordance with NADA values & standards) or reasonable repair (in accordance with manufacturer's standards). Further, the City of Port Arthur, by assuming title to the vehicle, agrees not to sell or transfer title of the vehicle without approval in writing from the Task Force via its Project Director. Further, the City of Port Arthur also hereby agrees that all proceeds from any such sale or transfer of the vehicle shall be payable to the Task Force and will be so paid to the Task Force. 4)Further, if at any time the vehicle ceases to be used in accordance the terms and conditions of the Interlocal Agency Agreement governing the Task Force and /or this agreement, then the City of Port Arthur agrees to transfer title of the vehicle to the Task Force. Specifically, upon written request from the Task Force Project Director for return of the vehicle, the City of Port Arthur hereby agrees that it will transfer title of the above identified vehicle to the ABTPA /Southeast Texas Auto Theft Task Force within 30 (thirty) days. 5) If the vehicle is damaged while titled to the City of Port Arthur, the City of Port Arthur hereby agrees to make all necessary repairs to the vehicle, within 60 (sixty) days, in accordance with manufacturer's standards, so as to maintain reasonable replacement value of the vehicle. 6) If the vehicle is damaged beyond reasonable repair (i.e. totaled) the City of Port Arthur will promptly pay the Task Force the NADA replacement value of the vehicle within 90 (ninety) days. 7)This agreement will continue in effect for 60 (sixty) days after the expiration of the Interlocal Agency Agreement establishing the Southeast Texas Auto Theft Task Force, as long as efforts are being made to renew the Interlocal Agency Agreement establishing the Southeast Texas Auto Theft Task Force. 8)It is understood and agreed that the Task Force will have no responsibility for the operation or maintenance of the vehicle while it is titled to the City of Port Arthur. The City of Port Arthur will be responsible for the vehicle, while it retains title, in accordance with the provisions of the Texas Tort Claims Act and Texas law. The City of Port Arthur agrees and understands that it will be solely responsible for any negligent operation of the vehicle resulting in property damage and /or personal injuries. 9)Title to the vehicle will be transferred promptly after execution of this agreement by all signatories, and not later than 30 (thirty) days after execution of this agreement. 10)This document constitutes the entire agreement among the parties concerning the vehicle identified in this agreement and any changes or amendments shall be in writing and signed by all parties or their duly appointed representatives. Kyle Hayes City Manager City of Beaumont John Comeaux Interim City Manager City of Port Arthur Lt. Chris Schuldt Project Director Southeast Texas Auto "theft Task Force 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 all documents necessary, specifically including a contract with the Southeast Texas Auto Theft Task Force ( "Task Force ") and City of Port Arthur, Texas, to transfer title of a 2007 Ford F150 pickup truck, purchased in the name of the City of Beaumont, to the City of Port Arthur for maintenance and insurance purposes. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 25th day of February, 2014. - Mayor Becky Ames - G RICH WITH OPPORTUNITY BE T E A, x A s City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager IV PREPARED BY: Patrick Donart, Public Works Director MEETING DATE: February 25, 2014 REQUESTED ACTION: Council consider a resolution authorizing the acceptance of a ten foot (10') wide Exclusive Water Line Easement. BACKGROUND L & L Realty Partnership has agreed to convey a ten foot (10') wide exclusive Water Line Easement to the City of Beaumont. The easement is described as being a 0.304 acre tract out of the Noah Tevis Survey, Abstract No. 52 and the David Brown Survey, Abstract No. 5. The water line easement is for the construction and expansion of a building at 410 IH 10 South. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of resolution. RESOLUTION NO. WHEREAS, L & L Realty Partnership has agreed to convey a ten foot (10') wide exclusive water line easement, said easement being a 0.304 acre tract out of the Noah Tevis Survey, Abstract No. 52 and the David Brown Survey, Abstract No. 5, as described in Exhibit 1 and shown on Exhibit 2, attached hereto, to the City of Beaumont for the purpose of facilitating the construction and expansion of a building located at 410 IH 10 South; 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 ten foot (10') exclusive water line easement conveyed by L & L Realty Partnership, being a 0.304 acre tract out of the Noah Tevis Survey, Abstract No. 52 and the David Brown Survey, Abstract No. 5, as described in Exhibit 1 and shown on Exhibit 2, attached hereto, be and the same is hereby, in all things, accepted for the stated purposes. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 25th day of February, 2014. - Mayor Becky Ames - STATE OF TEXAS X KNOW ALL MEN BY THESE PRESENTS: COUNTY OF JEFFERSON X WATER LINE EASEMENT THAT, L & L REALTY PARTNERSHIP, State of Texas hereinafter called "GRANTOR ", whether one or more, for and inconsideration of the sum of ONE AND NO /100 DOLLAR ($1.00), and other good and valuable consideration to us in hand paid by the CITY OF BEAUMONT, a municipal corporation domiciled in Jefferson County, Texas, hereinafter called "GRANTEE ", the receipt and sufficiency of which consideration is hereby acknowledged, has GRANTED, SOLD and CONVEYED, and by these presents does GRANT, SELL and CONVEY unto the CITY OF BEAUMONT, P. O. Box 3827, Beaumont, Texas 77704, Jefferson County, Texas, its successors and assigns, a Water Line Easement and the exclusive right to construct, alter, and maintain said waterlines and appurtenances on the hereinafter described lands which said easement is under, over, in and across those certain tracts or parcels of land owned by GRANTOR situated in the County of Jefferson, State of Texas, and being more particularly described in Exhibit "A ", attached and made a part hereof for all purposes. The easement herein granted shall be used for the purpose of placing, constructing, operating, repairing, rebuilding, replacing, relocating, and /or removing water lines and appurtenances, and the following rights are also hereby conveyed collectively, the "Easement Rights ". It is expressly understood and agreed that the City of Beaumont shall have the right of ingress to and egress from the tracts of land hereinbefore described and use of the same for the purposes aforesaid, and giving said City the right and privilege to improve, maintain and operate EXHIBIT 1" the sank as permitted by law.. GRAMOR iw, recs not to place any structures or appurtenances vv ithin the I.asenlent Property that will interfere with Grantee's ability to exercise. the Easement Riuhis. (immlec shall not he responsible fir the repair and replacernent A any ImN ing or other 'ARI tllre`, 1k'lthln the I'.aselncllt Propert�. O HAVE AND TO I IOI-U the above described easement and ri<aht-(OANa) unto the said ('I I 1 (:W I3I�A( !.AIO 1 -its successors and assigns lorcv cr. 1AH'I -1 ED this day of -2014. ORAN"IOR: I & I. RI� ALA � PAR IN F R S I I 11) 13v: Printed Name: I itic: AUK NOW l.I DGMFN] S I A I I ()1 IT- XAS X BFI -PIAL NIF. the undersigned authority. on this day personally appeared as of L & L REALTY PARTNERSHIP. km)wn h) me to he the person and Aker whose name is subscribed to the IOre,(7,,oin,,,, instrument.. and acknoNv ledred to me that he executed the sannC as the act of sueh Corporation fir the }�urp��ses and considcration therein exMressud and in the capacity therein stated. GIVEN t NDI R MY HAND AM) SLAL OF OFFICE:_ this day of _ 2014. 'Votary Public. Statc ofhcxas RI-11:RN 'M: City ofBeaumont Antoinette Hardy - Engineering P. O. Box 3827 Beaumont. TX 77704 � j 'R&ogrrizing the (andrm, ks of the past... set6W our foresight iowv''s the future with f Mnced Geospadaf Teri w4y" LAND SURVEYORS, INC. EXHIBIT "A" Page I of 3 December 16, 2013 Revised February 13, 2014 Texas Board of Professional Land Surveying Firm Registration No. 10105600 Surveyor's Field Note Description: 0.336 Acre Exclusive City Water Line Easement BEING a 0.336 acre (14629.01 square feet) tract of land (Exclusive City Water Line Easement) out of and a part of that certain L & L Realty Partnership called 9.645 acre tract of land, more fully described and recorded in Clerk's File No. 2005021572 of the Official Public Records of Jefferson County, Texas. Said 0.336 acre tract being situated in the Noah Tevis Survey, Abstract No. 52 and the David Brown Survey, Abstract No. 5, Jefferson County, Texas and being more particularly described as follows: BEGINNING at a 1/2 inch iron rod found at the Northwest corner of said 9.645 acre tract, same being the intersection point of the South line of Hollywood Avenue (60 feet wide right -of -way) and the East line of that certain Jefferson County Drainage District No. 6 (80 feet wide drainage easement), more fully described and recorded in Volume 251, Page 165 of the Deed Records of Jefferson County, Texas; THENCE North 80 deg. 06 min. 30 sec. East along and with the North line of said Exclusive City Water Line Easement and said 9.645 acre tract, same being the South line of said Hollywood Avenue, a distance of 149.00 feet to a point for corner; THENCE in a Southeasterly direction along and with the East side of said Exclusive City Water Line Easement the following courses and distances; South 09 deg_ 53 min. 30 sec. East, a distance of 10.00 feet to a point for comer; South 80 deg. 06 min. 30 sec. West, a distance of 137.34 feet to a point for corner; South 18 deg. 39 min. 41 sec. East, a distance of 392.65 feet to a point for corner, North 71 deg. 26 min. 29 sec. East, a distance of 69.76 feet to a point for corner; North 80 deg. 03 min. 21 sec. East, a distance of 161.46 feet to a point for comer, South 09 deg. 56 min. 39 sec. East, a distance of 10.00 feet to a point for comer; South 80 deg. 03 min. 21 see. West, a distance of 160.71 feet to a point for corner; South 71 deg. 26 min. 29 sec. West, a distance of 68.99 feet to a point for corner; South 18 deg. 39 min. 41 sec. East, a distance of 155.65 feet to a point for comer; North 86 deg. 29 min. 22 sec. East, a distance of 497.51 feet to a point for corner in the East line of said 9.645 acre tract, same being the West line of that certain Gerald Condon Properties, LTD. called 2.59858 acre tract of land, more fully described and recorded in Clerk's File No. 2012015580 of said Official Public Records; Corporate Office. 1480 Cornerstone Court Beaumont, Texas 77706 Tel: 409.866.9769 Fax: 409.866.7075 v,mmworiech.com Exclusive City Water Line Easement W4PRTECH December 16, 2013 LAND SUPLVEYORS, INC. Revised February 13, 2014 Page 2 EXHIBIT "A" Page 2 of 3 0.336 Acre Exclusive City Water Line Easement South 03 deg. 26 min. 11 sec. East along and with the East line of said 9.645 acre tract, same being the West line of said 2.59858 acre tract, a distance of 30.00 feet to a 1/2 inch iron rod found at the Southeast corner of said 9.645 acre tract, same being the Southwest corner of said 2.59858 acre tract and being in the North line of that certain Jefferson County Drainage District No. 6 (80 feet wide drainage easement), more fully described and recorded in Volume 971, Page 577 of said Deed Records, from which a 1 -1/4 inch iron pipe found at the Southeast corner of said 2.59858 acre tract, same being the Northeast corner of said (80 feet wide drainage easement), Volume 971, Page 577 and being in the West right-of-way line of Interstate Highway No. 10 (right -of -way width varies), bears North 86 deg. 29 min. 22 sec. East, a distance of 436.77 feet; THENCE South 86 deg. 33 min. 49 see. West along and with the South line of said 9.645 acre tract, same being the North line of said (80 feet wide drainage easement), Volume 971, Page 577, a distance of 10.00 feet to a point for corner; THENCE in a Northwesterly direction along and with the West side of said Exclusive City Water Line Easement the following courses and distances; North 03 deg. 26 min. 11 sec. West, a distance of 19.99 feet to a point for corner; South 86 deg. 29 min. 22 sec. West, a distance of 495.15 feet to a point for corner in the West line of said of 9.645 acre tract, same being the East line of said (80 feet wide drainage easement), Volume 251, Page 165, from which the Southwest comer of said 9.645 acre tract, same being intersection point of the North line of said (80 feet wide drainage easement), Volume 971, Page 577 and the East line of said (80 feet wide drainage easement), Volume 251, Page 165, bears South 18 deg. 39 min. 41 sec. East, a distance of 20.72 feet. From said corner a 1/2 inch iron rod found (bent), bears North 18 deg. 39 min. 41 sec. West, a distance of 2.35 feet; North 18 deg. 39 min. 41 sec. West along and with the West line of said 9.645 acre tract, same being the East line of said (80 feet wide drainage easement), Volume 251, Page 165, a distance of 577.60 feet to the POINT OF BEGINNING, containing 0.336 acre (14629.01 square feet) of land, more or less. (This description is based upon a survey made on the ground under my direct supervision on December- 5, 2013 and is being submitted along with a survey plat showing the property and facts found as described herein. All bearings are based upon the Texas Coordinate System of 1983 (CORS), South Central Zone `4204' (US Survey foot). All distances and acreages are surface with a combined adjustment factor of 1.00007 applied_) M A.�j a J. L SIMS, gistered Professional Land Sury or r+'�°"$ sulk, 2013 -096 M & B Descnption_Rev 1.docx 16 Veterans Circle SITE � ,corn cod m 257 -acorn Steal 9arh as sia a, w Vicinity Map Not to Scale POB FWfld 1!2" Iron Rod 1'1 L2 x -A find ��a m o EXHIBIT "A" Page 3 of 3 0.304 Acre Exclusive City Water Line Easement YV Fit V 1 DO' 200' 400' Scale: 1"=200' ue (60 feet Wide 160-l' wsY) L•� O 10' Wide Exclusive City Water Line Easement 0.336 Acre 14629.01 Square Feet Point for Comer Found 1/2" Iron Rod (bent) bears N18'39'41'VV 2.35' Notes: All bearings are based upon the Texas Coordinate System of 1983 (CORS). South Central Zone'4204' (US Survey fob). All distances and acreages are surface With a combined adjustment factor of 1.00007 applied_ Submitting information: Del Papa Distributing Co., Inc. Beaumont, Texas 777171 AItm Bill Falkenhagen 409. 617 -0990 Site Address: 4101H 10 South Beaumont, Texas 77707 Lll Jeffcrsou (:G_q Dlaivagc District No. 6 (80 fdxl Wide Draimt€e Easement) Vohmne 971, Page 577 D -Ri-c- (psanin Street Ditch) Abbreviations No. r`Q Noah Tevis Survey r Abstract N1o. 52 � 0a1c,- I e cb' ?�0­ yavid Brown Survey ro `ma�y�ao - Abstract No- 5 -',7 �g o` S80 °06'.30"W County L•� O 10' Wide Exclusive City Water Line Easement 0.336 Acre 14629.01 Square Feet Point for Comer Found 1/2" Iron Rod (bent) bears N18'39'41'VV 2.35' Notes: All bearings are based upon the Texas Coordinate System of 1983 (CORS). South Central Zone'4204' (US Survey fob). All distances and acreages are surface With a combined adjustment factor of 1.00007 applied_ Submitting information: Del Papa Distributing Co., Inc. Beaumont, Texas 777171 AItm Bill Falkenhagen 409. 617 -0990 Site Address: 4101H 10 South Beaumont, Texas 77707 Lll Jeffcrsou (:G_q Dlaivagc District No. 6 (80 fdxl Wide Draimt€e Easement) Vohmne 971, Page 577 D -Ri-c- (psanin Street Ditch) Abbreviations No. Number POB Place of Beginning O.P.RJ -C Official Pubic Records of L2 Jefferson County D.R.J.C. Deed Records of Jefferson S80 °06'.30"W County Found 518° Iron Rod �x w m Gerald Condon Properties. LTD, . Called 21 59858 Acre Tract Clerws File No. 2012015580 O.P.R.J.C. Found 1 -114" N86°29'22"E 436.7T Iron Pipe ound 112" Iron Rod UNE TABLE Line u B3 !rtn Distance L1 N80°06'30 "E 149.00' L2 S09 053'30 "E 10.00' L3 S80 °06'.30"W 137 -34' L4 S18039'41 "E 392.65' L5 N71 °2629 "E 69.76' L6 N80 '03'21 "E 161.46 L7 S09 °5639 "E 10.00' LS S80°03'21 "W 160.71' L9 S7I °2629 "W 68.99 Lf0 S18 139141 "E 155.65' LII N86°2922 "E 497.51' L12 S03 °26'1 1 "E 30.00' L13 S86°33'49 "W 10.00' L14 NO3 °26'1I W 19.99' L15 S86 °29'22 W 495.15' L16 N18 °39141 "W 577.60' ItiOTICE: The findings and opinions of WOKIECH Land Surveyors, Inc reflected herein me privileged, codiderdtat and Intended only for the tae of the Individual or entity rar whom this work was prepared. It is underslaod that the use of, reliance on, or repro�on of ® e, In whole or in part, by others without the express written consent of WORTFCH Land S. —Mors, Irtc. is prahlbz and without warranty, e.pr or impr .& WORTE01 land Surveyors, Inc. shall be held harrntess against any damages or expenses resulting fmm such unauthortmd use, reliance m reproduction. Copyright 2013_ All rids reserved. Job No: ] 2013-096 Rimed 7J13M4 Field Book: Date: Rev. No. 52rt3l13 4 - Final Issue v r Y'M 4 �E;6• CEO 9 ors r� LAND ��S1. SURVEYORS, 'g.Kc. C�s'�a 4599 of -e yin, R.eg;straii,>r N,. 1, 01 ias� cernersta;:e c��sr "4'y�`..PwB..t � SLtR't�" Tc:: 449.365.9 %Sy . c... • =44.b �. /:� - >� THs d0OYn9nirOt W4SVct+opfwi3tuf aed-rd of person Surveyor's Certification The undersigned does hereby certify that this survey plat accurately represents an on the ground survey made under my direct supervbson on December 5. 2013 and is being submitted along with the suveyar's field note description of the property shown hereon. which des in Jefferson County, Texas. rstered Professional Land Suirveyor EXHIBIT "2" H RICH WITH OPPORTUNITY 11L T • E • X • A • S City Council Agenda Item City Council FROM: Kyle Hayes, City Manager O PREPARED BY: Patrick Donart, Public Works Director MEETING DATE: February 25, 2014 REQUESTED ACTION: Council consider a resolution authorizing the acceptance of a ten foot (10') wide Non - Exclusive Water Line Easement. BACKGROUND Quality Mat Company has agreed to convey a ten foot (10') wide non - exclusive Water Line Easement to the City of Beaumont. The easement is described as being a 948.42 sq foot acre tract out of the J. W. Bullock League, Abstract No. 7. The water line easement is for the construction of a new building for ITI Logistics located at 4925 West Cardinal Drive. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of resolution. RESOLUTION NO. WHEREAS, Quality Mat Company has agreed to convey a ten foot (10') wide non- exclusive water line easement, said easement being a 948.42 sq. foot acre tract out of the J.W. Bullock League, Abstract No. 7, as described in Exhibit 1 and shown on Exhibit 2, attached hereto, to the City of Beaumont for the purpose of facilitating the construction of a new building for ITI Logistics, LLC located at 4925 West Cardinal Drive; and, WHEREAS, the City Council has considered the purpose of said conveyance and is of the opinion that the acceptance of said conveyance is necessary and desirable and that same should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT the ten foot (10') non - exclusive water line easement conveyed by Quality Mat Company, being a 948.42 sq. foot acre tract out of the J.W. Bullock League, Abstract No. 7, as described in Exhibit 1 and shown on Exhibit 2, attached hereto, be and the same is hereby, in all things, accepted for the stated purposes. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 25th day of February, 2014. - Mayor Becky Ames - STATE OF TEXAS x- COUNTY OF JEFFERSON X KNOW ALL MEN BY THESE PRESENTS: WATER LINE EASEMENT THAT, QUALITY MAT COMPANY, of the County of Jefferson, State of Texas hereinafter called "GRANTOR ", whether one or more, for and in consideration of the sum of ONE AND NO /100 DOLLAR (S 1.00), and other good and valuable consideration to us in hand paid by the CITY OF BEAUMONT, a municipal corporation domiciled in Jefferson County, Texas, hereinafter called "GRANTEE ", the receipt and sufficiency of which consideration is hereby acknowledged, has GRANTED, SOLD and CONVEYED, and by these presents does GRANT. SELL and CONVEY unto the CITY OF BEAUMONT, P. O. Box 3 827, Beaumont, Texas 77704, Jefferson County, Texas, its successors and assigns, a Water Line Easement and the right to construct, alter, and maintain said waterlines and appurtenances on the hereinafter described lands which said easement is under, over, in and across those certain tracts or parcels of land owned by GRANTOR situated in the County of Jefferson, State of Texas, and being more particularly described in Exhibit "A ", attached and made a part hereof for all purposes. The easement herein granted shall be used for the purpose of placing, constructing, operating, repairing, rebuilding, replacing, relocating, and /or removing water lines and appurtenances, and the following rights are also hereby conveyed collectively, the "Easement Rights ". It is expressly understood and agreed that the City of Beaumont shall have the right of ingress to and egress from the tracts of land hereinbefore described and use of the same for the purposes aforesaid. and giving said City the right and privilege to irnprov,e, maintain and operate EXHIBIT 1" the same as pern7itted by law. GRANTOR agrees not to place any structures or appurtenances within the Easement Property that will interfere with Grantee's ability to exercise the Easement: Rights. Grantee shall not be responsible for the repair and replacement of any paving or other structures within the Easement Property. TO HAVE AND TO HOLD the above described easement and night-of-way unto the said CITY OF BEAUMONT, its successors and assigns forever. EXECUTED this day of , 2014. GRANTOR: QUALITY MAT COMPANY By: Printed Name: Title: ACKNTOWLEDGMENT STATE OF TEXAS X COUNTY OF JEFFERSON X BEFORE ME, the undersigned authority, on this day personally appeared _ as of QUALITY MAT COMPANY, known to me to be the person and officer whose naive is subscribed to the foregoing instrument, and acknowledged to me that he executed the same as the act of such corporation for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of , 2014. Notary Public, State of Texas RETURN TO: City of Beaumont Antoinette Hardy - Engineering P. O. Box 3827 Beaumont, TX 77704 Fittz&Shipman INC._ ConsithingEngineeis and Land Staveyors Ronald D. Fitt -, P.E., R.P.L.S. (1948 -1987) Donald R. King, P.E. Terry G. Shipman, P.E., Chairman WalterJ, Ksiazek, R.P.L.S. Billy J. Smith, Jr., President EXHIBIT A, PAGE 1 OF 3 CENTERLINE DESCRIPTION FOR A 10' WIDE NON - EXCLUSIVE WATER LINE EASEMENT OUT OF THE J. W. BULLOCK LEAGUE, ABSTRACT 7 JEFFERSON COUNTY, TEXAS DECEMBER 12, 2013 REVISED: JANUARY 21, 2014 That certain centerline of a 10' wide non- exclusive water line easement, 5' on each side of the centerline, out of the J. W. Bullock League, Abstract 7, Jefferson County, Texas, and being across a called 3.070 acre tract conveyed to Community Bank & Trust, SSB as Custodian for Quality Mat Company as recorded in Clerks File No. 2003053108 of the Official Public Records of Jefferson County, Texas, said centerline being more particularly described by the courses and distances as follows: Note: Bearings are referenced to the northeasterly line of a called 3.473 acre tract conveyed to ITI Logistics, LLC as recorded in Clerks File No. 2013029748 of the Official Public Records of Jefferson County, Texas having been called North 57 °37'40" West 238.10 feet. COMMENCING at 'W' iron pipe found in the southwesterly right -of -way line of W. Cardinal Drive for the northwest corner of a called 1.9947 acre tract conveyed to Twin - Nguyen Holdings, LLC as recorded in Clerks File No. 2012033525 of the Official Public Records of Jefferson County, Texas and the northeast corner of the said 3.473 acre tract; THENCE South 00 032'54" West along the west line of the said 1.9947 acre tract and a portion of called 2.1536 acre tract conveyed to Jarra, Inc. as recorded in Clerks File No. 2013007807 of the Official Public Records of Jefferson County, Texas being the east line of the said 3.473 acre tract a distance of 409.53 feet (called South 00 023'38" West 409.50 feet) to a %" iron rod found for the northeast corner of the said 3.070 acre tract and the southeast corner of the said 3.473 acre tract; THENCE North 89 °36'38" West along the south line of the said 3.473 acre tract and the north line of the said 3.070 acre tract a distance of 10.00 feet to a point for the for the POINT OF BEGINNING of the said centerline of the 10' wide non - exclusive water line easement from which a '12" iron rod found for the northwest corner of the said 3.070 acre tract and the Fittz & Shipman, Inc.. Page 1 of 2 Project No. 13116lNtrE =smt2 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. 1001 £i6 EXHIBIT A, PACE 2 OF 3 southwest corner of the said 3.473 acre tract bears North 89 °36'38" West 290.11 feet (called North 89 044'07" West). THENCE South 00 °32'54" West along the said centerline a distance of 94.37 feet to an along point; THENCE South 89 °26'16" East continuing along the said centerline a distance of 10.05 feet to a point in the west line of the said 2.1536 acre tract and the east line of the said 3.070 acre tract for the POINT OF TERMINATION of the said centerline of the 10 wide non - exclusive water line easement. This description is based on a survey and plat made by Fittz & Shiprnan, Inc. during October 2013. CD Waiter J. Ksiazek;• Registered Professional L nd Surveyo k. 5321 1NALTERJ. K IAZEFt ...� ................... ....p.... : 9 5321 N- .:oA' pta.e SU�iVE� ©� Fittz & Shipman, Inc. Page 2 of 2 Project No. 13116WtrE =smt2 Plat & Description E� ci .cf. N 6 NtO'y W W � z; z �n. \ 09 a� �N I ( bQ 8 .H oa 8 tp 14 tv � o N O W z U U� W t WtD N G �J W tim I, -m iil 1 � I N o e*1 p O I J O i 4 r� I IY q U, Izc�r J S W 1 Ira wG I t� 5 a O W J < U N, a N o � U n Q � J J � 1� w Y LL'osz LL'OO��Mo,� s �OO'OO6 C° `� a G° �O zz - WLLO � 0 d o � Oz o J �d W U X 1 5 � O W O, d � v � _emu! C� I CV I�I X70 Z4 N� � ora N O �fl I � K Z .y 5 � f ^J n � G 0.� Ln W Y J d 4 Q 3;] W -'r co 1 41 NN Q W U N r t F�o1O Q p � � x 7LL V w o� U P � a t� o n °s N N n in n I IIpi''11 O •- N I O`i'W Qo r Nlilll �� � w ZEN . I I Z 1 N.i INrIIN I W 5 � f ^J n � G 0.� Ln W Y J d 4 Q 3;] W -'r co 1 41 NN Q W U N r t F�o1O Q p � � x 7LL V w o� U P � a t� o n °s N N n in n r a oy N I O`i'W '35 ,W aD I d0W w ZEN W I W �dNkso� uiM � zZ Od- M co N p I O Om •` O o rcn F -w V� I I �w I 5 � f ^J n � G 0.� Ln W Y J d 4 Q 3;] W -'r co 1 41 NN Q W U N r t F�o1O Q p � � x 7LL V w o� U P � a t� o n °s N N n in n r a oy N I O`i'W V1 Cr Y a CO "� O ,W aD I d0W w ZEN W I W �dNkso� yJ ' co N O � I %rt Om •` O o rcn F -w V� I I �w I 0� � iz i� �rS I OZ¢ 4-O7i E '� o � w U � 5 � f ^J n � G 0.� Ln W Y J d 4 Q 3;] W -'r co 1 41 NN Q W U N r t F�o1O Q p � � x 7LL V w o� U P � a t� o n °s N N n in n N a U 9 u w � n LLCD O U� � N C - n W dN LLuz u wrw w 1 RICH WITH OPPORTUNITY 11IL'A,1111011( T• E• X• A• S TO: City Council Agenda Item City Council FROM: Kyle Hayes, City Q Manager PREPARED BY: Patrick Donart; Public Works Director MEETING DATE: February 25, 2014 REQUESTED ACTION: Council consider a resolution authorizing the acceptance of a ten foot (10') wide Non - Exclusive Water Line Easement. BACKGROUND ITI Logistics, LLC has agreed to convey a ten foot (10') wide non - exclusive Water Line Easement to the City of Beaumont. The easement is described as being a 4709.59 sq foot acre tract out of the J. W. Bullock League, Abstract No. 7. The water line easement is for the construction of a new building at 4925 West Cardinal Drive. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of resolution. RESOLUTION NO. WHEREAS, ITI Logistics, LLC has agreed to convey a ten foot (10') wide non- exclusive water line easement, said easement being a 4709.59 sq. foot acre tract out of the J.W. Bullock League, Abstract No. 7, as described in Exhibit 1 and shown on Exhibit 2, attached hereto, to the City of Beaumont for the purpose of facilitating the construction of a new building located at 4925 West Cardinal Drive; and, WHEREAS, the City Council has considered the purpose of said conveyance and is of the opinion that the acceptance of said conveyance is necessary and desirable and that same should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT the ten foot (10') non - exclusive water line easement conveyed by ITI Logistics, LLC, being a 4709.59 sq. foot acre tract out of the J.W. Bullock League, Abstract No. 7, as described in Exhibit 1 and shown on Exhibit 2, attached hereto, be and the same is hereby, in all things, accepted for the stated purposes. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 25th day of February, 2014. - Mayor Becky Ames - STATE OF TEXAS X COUNTY OF JEFFERSON X KNOW ALL MEN BY THESE PRESENTS: WATER LINE EASEMENT THAT, ITI LOGISTICS, LLC, of the County of Jefferson, State of Texas hereinafter called "GRANTOR ", whether one or more, for and in consideration of the sum of ONE AND NO /100 DOLLAR ($1.00), and other good and valuable consideration to us in hand paid by the CITY OF BEAUMONT, a municipal corporation domiciled in Jefferson County, Texas, hereinafter called "GRANTEE ", the receipt and sufficiency of which consideration is hereby acknowledged, has GRANTED, SOLD and CONVEYED, and by these presents does GRANT, SELL and CONVEY unto the CITY OF BEAUMONT, P. O. Box 3827, Beaumont, Texas 77704, Jefferson County, Texas, its successors and assigns, a Water Line Easement and the right to construct - alter, and maintain said watei=lines and- appurtenances -oa the liereinaTter described lands which said easement is under, over, in and across those certain tracts or parcels of land owned by GRANTOR situated in the County of Jefferson, State of Texas, and being more particularly described in Exhibit "A ", attached and made a part hereof for all purposes. The easement herein granted shall be used for the purpose of placing, constructing, operating, repairing, rebuilding, replacing, relocating, and /or removing water lines and appurtenances, and the following rights are also hereby conveyed collectively, the "Easement Rights ". It is expressly understood and agreed that the City of Beaumont shall have the right of ingress to and egress from the tracts of land hereinbefore described and use of the same for the purposes aforesaid, and giving said City the right and privilege to improve, maintain and operate EXHIBIT 1" the same as permitted by law. GRANTOR agrees not to place any structures or appurtenances within the Easement Property that will interfere with Grantee's ability to exercise the Easement Rights. Grantee shall not be responsible for the repair and replacement of any paving or other structures within the Basement 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 12014. GRANTOR: ITI LOGISTICS, LLC Printed Name: Title: ACKNOWLEDGMENT STATE OF TEXAS X COUNTY OF JEFFERSON x, BEFORE ME, the undersigned authority, on this day personally appeared _ as of ITI LOGISTICS, LLC, known to me to be the person and officer whose name is subscribed to the foregoing instrument, and acknowledged to me that lie executed the same as the act of such corporation for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this _ day of , 2014. Notary Public, State of Texas RETURN TO: City of Beaumont Antoinette Hardy - Engineering P. O. Box 3827 Beaumont, TX 77704 Fittz &Shfpman Ronald D. [=ittz, P. R.P.L.S. (1948 - 1987) Terry G. Shipman, P.E., Chairman Billy J, smith, Jr., President Consulting Engineers and .Land Surveyors Donald R. King, P.E. Walter). IC iazek, R.P.LS. E+ X€ MIT A, PAGE 1. OF 3 CENTERLINE DESCRIPTION FOR A l 0' WIDE NON - EXCLUSIVE WATER LINE EASEMENT OUT OF THE J. W. BULLOCK LEAGUE, ABSTRACT 7 TEFFERSON COUNTY, TEXAS DECEMBER 12, 2013 REVISED: JANUARY 21, 2014 That certain centerline of a 10' wide non - exclusive water line easement, 5' on each side of the centerline, out of the J. W. Bullock League, Abstract 7, Jefferson County, Texas, and being across a called 3.473 acre tract conveyed to IT[ Logistics, LLC as recorded in Clerks File No. 2013029748 of the Official Public Records of Jefferson County, Texas, said centerline being more particularly described by the courses and distances as follows: Note: Bearings are referenced to the northeasterly line of the said 3.473 acre tract having been called North 57 °37'40° West 238.10 feet. COMMENCING at !" iron rod found in the southwesterly right -of -way line of W. Cardinal Drive for the northwest comer of a called 1.9947 acre tract conveyed to Twin - Nguyen Holdings, LLC as recorded in Clerks File No. 2012033525 of the Official Public Records of Jefferson County, Texas and the northeast corner of the said 3.473 acre tract; THENCE North 57 °37'40° West along the said southwesterly right -of -way line of W. Cardinal Drive and the northeasterly line of the said 3.473 acre tract a distance of 4.52 feet (called North 57 037'40" West) to a point for the POINT OF BEGINNING of the said centerline of the 10' wide non- exclusive water line easement from which a concrete monument found in the said northeasterly line of the 3.473 acre tract bears North 57 °37'40° West 234.14 feet (called North 57 °37'40" West); THENCE South 32 °27'41" West along the said centerline a distance of 11.50 feet to an angle point; THENCE South 00 °32'54" West continuing along the said centerline a distance of 402.23 feet to a point in the north tine of a called 3.070 acre tract conveyed to Community Bank & Trust, SSB as Custodian for Quality flat Company as recorded in Clerks File No. 2003053108 of the Official Public Records of Jefferson County, Texas and the south line of the said 3.473 acre lFittz & Shipman, Inc. Page 1 of 2 Project P.O. Plat & Description 1405 Cornerstone Court - Beaumont, Texas 77706 • (409) 832 -7238 • fax (409) 832 - 7.303 Tx Board of Prof Engineers Firm No. 1160 a Tx Board of Prof Land Surveyors Firrn No. 100136 EXHMIT A, PAGE 2 OF 3 tract for the POINT OF TERMINATION of the said centerline of the 10 wide non- exclusive water line easement from which a W iron rod found in the west line of a called 2.1536 acre tract conveyed to Jarra, Inc. as recorded in Clerks File No. 2013117807 of the Official Public Records of Jefferson County, Texas for the northeast corner of the said 3.070 acre tract and the southeast corner of the said 3.473 acre tract bears South 89 °36'38' East 10.00 feet (called South 89 °44'07° East) and from which a ' /z° iron rod found for the northwest corner of the said 3.070 acre tract and the southwest comer of the said 3.473 acre tract bears North 89036'38' West 290.11 feet (called North 89044'07" West). This description is based on a survey and plat made by Fittz & Shipman, Inc. during October 2013. Walter J. Ksiazek WAITER J. '~•»- -- Registered Professional L nd Surveyor o. 5321 4 532r'�.,, i=ittz & Shipman, Inc. Page 2 of 2 Project No_ 13116WtrEsmtl Plat & Description GK O- �i�.yyyy 43� n rn � w� r �+Y �`�J W �' 4�� �,•JJ ZQaa Z 1` r 4 � �a w K �j h- 2 Z o� r ff+ a v'' S d lY � `Q� J 1�a p3 W J ��a d 1N m l� o t �o P o\ W OZo� o� U� L� O 4 s O ka `14,V JS�o z�Nm U 2'r W ;d a - ci � f to 'M t �b a n Na v � r S Q j2 W U� rwK � 4V oo u'ffi7`z GYO Y a s Q O 0 W � J+ N i Q r 4 d D N Ntj d ts� F ca 0 z fl G � a OSSa N� Y V S '- O u1Uw 4 Fyn � to OQ�� 2 04 °y �o w i \ 1 EXN�B�� 2 +1 , w U rr \ .N D � 6 C ro u �, k ° O o -c :a 5 mvN ode, 4„\vr\a $ou w, � ❑ 0 z orz P 2 4 0 7Uy O� \ Y`Y< Yo1 w y � J P�U f .r lY � `Q� J 1�a p3 W J ��a d 1N m l� o t �o P o\ W OZo� o� U� L� O 4 s O ka `14,V JS�o z�Nm U 2'r W ;d a - ci � f to 'M t �b a n Na v � r S Q j2 W U� rwK � 4V oo u'ffi7`z GYO Y a s Q O 0 W � J+ N i Q r 4 d D N Ntj d ts� F ca 0 z fl G � a OSSa N� Y V S '- O u1Uw 4 Fyn � to OQ�� 2 04 °y �o w i \ 1 EXN�B�� 2 +1 , w U rr \ .N D � 6 C ro u �, k ° O o -c :a 5 mvN ode, 4„\vr\a $ou w, � ❑ 0 z orz P 2 4 0 7Uy O� \ Y`Y< Yo1 w y � J P�U f 1 T • E - X • A - S REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS FEBRUARY 25, 2014 1:30 P.M. AGENDA CALL TO ORDER * Invocation Pledge Roll Call * Presentations and Recognition * Public Comment: Persons may speak on scheduled agenda items 2 -5 /Consent Agenda * Consent Agenda GENERAL BUSINESS Consider an ordinance approving a specific use permit to allow a day care center and boarding kennel for dogs in a GC -MD (General Commercial- Multiple Family Dwelling) District at 6875 Eastex Freeway 2. Consider an ordinance abandoning the alley in Block 4, Glover Anderson Addition between Avenue B and SP Road, just north of W. Lavaca Street 3. Consider an ordinance denying the rate increase of Entergy Texas, Inc. filed on September 25, 2013; setting just and reasonable rates for Entergy Texas, Inc. for service within the City of Beaumont 4. Consider a resolution authorizing the City Manager to execute a wastewater service agreement with the City of Bevil Oaks 5. Consider a resolution approving the naming of the North End Community Center, located at 3580 E. Lucas, in honor of Judge John Paul Davis PUBLIC HEARING * Dangerous Structures 6. Consider an ordinance declaring certain structures to be dangerous structures and ordering their removal within 10 days or authorizing the property owner to enroll the dangerous structure in a work program COMMENTS Councilmembers /City Manager comment on various matters Public Comment (Persons are limited to 3 minutes) Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact Mitchell Normand at 880 -3777 three days prior to the meeting. 1 February 25, 2014 Consider an ordinance approving a specific use permit to allow a day care center and boarding kennel for dogs in a GC -MD (General Commercial - Multiple Family Dwelling) District at 6875 Eastex Freeway HICH WITH OPPORTUNITY [11E'A,[111C111 T - E• X• A• S TO: FROM: PREPARED BY: MEETING DATE: City Council Agenda Item City Council Kyle Hayes, City Manager Chris Boone, Director of Planning and Community Development February 25, 2014 REQUESTED ACTION: Council consider an ordinance approving a specific use permit to allow a day care center and boarding kennel for dogs in a GC -MD (General Commercial- Multiple Family Dwelling) District at 6875 Eastex Freeway. BACKGROUND Irene Torbett has applied for a specific use permit. The applicant states that her business, Planet Canine, will provide dog daycare, overnight stays, grooming and obedience training. Adequate measures will be taken to ensure that odors and noise are held to a minimum. The proposed business will be located in an existing ±2310 sq. ft. building. It should be noted that the business owner unknowingly opened without permits. Approval of this specific use permit would allow for the business to continue operation at this site, subject to all other codes and ordinances. At a Joint Public Hearing held February 17, 2014, the Planning Commission recommended 7:0 to approve a specific use permit to allow a day care center and boarding kennel for dogs in a GC -MD District at 6875 Eastex Freeway. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of ordinance. :�-I =:(- Q W USE PERK FV . �P L1C_AJ 10- HE !ANNE l CO2 AS TIME Irene Torbett / Planet Canines — ='PLIC 1475 ADD _ST 6875 Eastex Freeway, Beaumont Texas 77705 _ -- - -7 409 -392 -3647 FAD: ? ADDRESS W OV _, _ A615 Arthur Tarp_ Ap 687zEastex Freeway, Beaumont, Texas 7770; _ LEG_NL DESC- PUPTION" O ? OP'E T i : LO T NO- 0.7228 A res out of Lot a _ OR TR ^.CT -'L0Cr: NO PLAT ADDITION RPn13+ f Rng� �a 1 A 4nhri i vi � i nn SLR Z ' 5 \I? R O: -k C = 0.7228 _ N���IJ E R OP ACPES For properties not in a recorded subdivision, submit a copy of a current surN,ev or plat shm ink the properties proposed for a specific use permit, and a complete legal field note description. PROPOSED SSE:_ Day Care Center for Dogs (Kennel) ZONE: GC -MD ATTACH A LET'TER ±w wl±g ll ;:o mms a act V42s ii.oi, ed v, ah * proposed uses. _,TTA CH A SITE P L 00 d m v m v a _...._...,i_a t .e =aa oa listed oa -.e top':,aCh s. Of t-,S Shc -et. _ATTACH A REDUCED S \ II " PPIOTOCOPY OF THE SITE PLAN. THE EIGHT CONDITIONS _is`ed �n t:_. 'each side of t' is shoe- ..us, be mot before C .y Cou_ cu_ g _.= 3 ��eci =ic PLEASE A.DDP�ESSEACHCO\DITIO -Nn- DETAIL. ATTACH THE _aPPROPRL -kTE A;PPLICATION FEE:: - .................................................. ........ S_5 . ; _ r^.= AND LESS THAN a ACRT ...... . .LO _:C ^_ r r ACRES OR NODE! c5 sr 7� bm _ 12 L_.l_' _ ...1 11 :1 �� ,__7.:� __�... 3.I of the co 5bon , I .mlons T_ ` ` URE OF APP_._—y`, T: ��/ *��� - :T_::1/27/2014 \C P ,_ ._ T DA T E 1/27/2014 PLEASE 7YP± �n 1=7 AND M= 01 CITY OF BEAUMONT PLANNING D57SV�, TX Fax - SKA _ _. JI-E C:4 KT - n SIDE OF ..J' 0 EE _--T .L. _.-,.. Z I TEE 17_ _ _ -.- _ .27 __;_ 0- __ '_R _ -S MARK W. WHITELEY AND ASSOCIATES INCORPORATED CONSULTING ENGINEERS, SURVEYORS, AND PLANNERS P. O. BOX 3250 EASTEX FRWY. BEAUMONT, TEXAS 77726 -5492 BEAUMONT, TEXAS 77703 409 -892 -0421 (FAX) 409 -892 -1346 January 27, 2014 City of Beaumont Planning Division 801 Main Street, Room 201 Beaumont, Texas 77701 ATTN.: Chris Boone, Director REF.: Specific Use Permit 6875 Eastex Freeway Beaumont, Texas Dear Mr. Boone: Attached is the "Specific Use Permit" Application and survey plat for the above referenced property. Irene Torbett is the applicant. The proposed business will be called Planet Canine. Ms. Torbett proposes to use the existing building for a day care center for dogs with the capacity to overnight board dogs. Also the business will offer grooming, bathing and training of dogs. Regarding the eight conditions that must be meet for the "Specific Use Permit ", we offer the following comments: • The use of this property will be compatible writh and not injurious to the use and enjoyment of other property. Adjoining properties are commercial use facilities. • The proposed use of this property will not impede the nomlal and orderly development and improvement of the surrounding vacant property. The building to be used is an existing building. • T11ere are adequate utilities, access roads, drainage and other necessary supporting facilities. No improvements in regards to these items are proposed. • There is an existing driveway that is proposed to be used. Additional parking will be constructed. The existing driveway and proposed parking provides safe and convenient movement of vehicular and pedestrian traffic without adversely affecting the general public and adjacent development. TBPLS Firm No.: 10106700 TBPE Firm No.: 2633 • There will be no offensive odor, fumes, dust, noise or vibration from the proposed use of the facility. • There is no proposed directional lighting. • Landscaping will be added along Eastex Freeway along with a proposed tree in the parking lot. "Phis will insure harmony and compatibility with adjacent property. • The proposed use is in accordance to the Comprehensive Plan. Your review and earliest approval of this application is greatly appreciated. If you have any questions or need additional information. please call. I remain Sincerely, f' s, "Thomas S. Rowe, P.E., RPLS Vice President 1/27/2014 Confidential ORDINANCE NO. ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A DAY CARE CENTER AND BOARDING KENNEL FOR DOGS IN A GC -MD (GENERAL COMMERCIAL - MULTIPLE FAMILY DWELLING) DISTRICT AT 6875 EASTEX FREEWAY IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS, Irene Torbett has applied for a specific use permit to allow a day care center and boarding kennel for dogs in a GC -MD (General Commercial - Multiple Family Dwelling) District at 6875 Eastex Freeway, being the East Y2 of Lot 4, Block 5, Rosedale Addition, City of Beaumont, Jefferson County, Texas, containing 0.71 acres, more or less, as shown on Exhibit "A," attached hereto; and, WHEREAS, the Planning and Zoning Commission of the City of Beaumont considered the request and is recommending approval of a specific use permit to allow a day care center and boarding kennel for dogs in a GC -MD (General Commercial - Multiple Family Dwelling) District at 6875 Eastex Freeway; and, WHEREAS, the City Council is of the opinion that the issuance of such specific use permit is in the best interest of the City of Beaumont and its citizens; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT- THAT the statements and findings set out in the preamble to this ordinance are hereby, in all things, approved and adopted; and, Section 1. That a specific use permit to allow a day care center and boarding kennel for dogs in a GC -MD (General Commercial - Multiple Family Dwelling) District at 6875 Eastex Freeway, being the East '/2 of Lot 4, Block 5, Rosedale Addition, City of Beaumont, Jefferson County, Texas, containing 0.71 acres, more or less, as shown on Exhibit "A," attached hereto, is hereby granted to Irene Torbett, her 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" and made a part hereof for all purposes. Section 3. Notwithstanding the site plan attached hereto, the use of the property herein above described shall be in all other respects subject to all of the applicable regulations contained in Chapter 28 of the Code of Ordinances of Beaumont, Texas, as amended, as well as comply with any and all federal, state and local statutes, regulations or ordinances which may apply. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 25th day of February, 2014. - Mayor Becky Ames - rile 2195 -P: Request to consider a request for a specific use permit to allow a da .,- car enter and boarding kennel for dogs in a GC -,✓ID (General Commercial - Multiple Fatnil b b Dwelling) district. Location: 6875 Eastex Freeway � Applicant: Irene Torbett 0 100 200 � 1 1 —1 Feet GC-M1 t EQ c c r t GC-MD i ,I II ®°ROSEUALE`D #ED �� EXHIBIT "A" .III _^.ACED ',.45E4 - .( 'C F',iM S R h FE. _ GLL(- "'J F R ^ E, ALL y'.'00°W _ END R �B i "VD S891io i7 AC o M '.I FM METER 7.60 " DOOR 7; T PROPOSED, 6' LANDSCAPE BUFFER /L ��PROPOSED 3' � 'RUBS '-. � CO' ✓FRED - rl D' RJD 5 /d' - PPOPOSED CURB STOPS ISLAND `O PROPOSED J I ^PARKING SPACES 9' 1 1 1 i, `- PROPCSLD TREE PROPOSED CONCRETE l t , accordance Map, Department o` Hous eN and Urban BEAUMONT TEXAS 777CS '\ PROPOSED` I�i END FENCE POSTa� CONCRETE Ey � d CALLED 0.4 ACRE w S48 "13'44 "E 0.48' I _ _ n "� — PROPOSED THOMAS ANDREW MORRELL �� I!ANDISAP F,-. NO. 103-3B- 1991 4 -1 - -J of said maps 7; T PROPOSED, 6' LANDSCAPE BUFFER /L ��PROPOSED 3' � 'RUBS '-. � CO' ✓FRED - rl D' RJD 5 /d' - PPOPOSED CURB STOPS ISLAND `O PROPOSED J I ^PARKING SPACES 9' 1 1 1 i, `- PROPCSLD TREE PROPOSED CONCRETE l t , accordance Map, Department o` Hous eN and Urban BEAUMONT TEXAS 777CS '\ PROPOSED` I�i END FENCE POSTa� CONCRETE Ey FOR CORNER FN7 5,!8" I. ROD BEARS d located in the Thomas Speer and S48 "13'44 "E 0.48' I 7; T PROPOSED, 6' LANDSCAPE BUFFER /L ��PROPOSED 3' � 'RUBS '-. � CO' ✓FRED - rl D' RJD 5 /d' - PPOPOSED CURB STOPS ISLAND `O PROPOSED J I ^PARKING SPACES 9' 1 1 1 i, `- PROPCSLD TREE PROPOSED CONCRETE l t , accordance Map, Department o` Hous eN and Urban BEAUMONT TEXAS 777CS '\ 6E I�i END FENCE POSTa� Panel No.. 0030 C� Ey FOR CORNER FN7 5,!8" I. ROD BEARS 6,9,5 EASTEX FREELYAY , accordance Map, Department o` Hous eN and Urban BEAUMONT TEXAS 777CS '\ 6E A Portion of the Eas'. 1/2 of Lot 4, END FENCE POSTa� Panel No.. 0030 C� Block 5 0(A .Replct o! Rosedale Subdivision FOR CORNER FN7 5,!8" I. ROD BEARS located in the Thomas Speer and S48 "13'44 "E 0.48' Locat— on cp d, t, m ned b_v scoie on moo Act a! lield I 'on not A. D—I, Survey, Je.`ferson Cean ty, Texas Client Evelyn Irene turf >eIt FEND S51'31 '00"—F 34.61' /7 - Census: 3.08 (CALL S51'31'OD "E 340"1 j CALC. CORNER �FND 0.'7228 ACRES MICHAEL TRAPASSC CF. NO. 2000002179 OGRJC In with the F,cod Hczard Bcundey accordance Map, Department o` Hous eN and Urban Develapm -t. 6E Commundy No 48',4 i7 / Panel No.. 0030 C� Date of FIRM: This properfy lies in "X` (whif,�, - Locat— on cp d, t, m ned b_v scoie on moo Act a! lield I 'on not �Y determined Bork W. 4h�te1 y and /7 - Assooiotes does not wa an( \ subscribe to the acnac.-y or sen!e - -J of said maps "X" I� Lane (write( are ar ^as determined to be L outside 500 -year flocd pjeic. r';0^ SHRUDS y''. 70 THE DWNERS OF THE PREMISES SURVEYED PROPOSED 6'— AS Cl- THE DATE OF THE SURVEY: .��� ANDSCAPE BUF,�i.R 1 THOMAS S. RO'WE DO HEREBY CERTIFY THAT THIS SURVEY WAS THIS DAY MADE ON THE SURFACE CF THE GROUND OF THE PROPERTY LEGALLY DESCRIBED HEREON AND CORRECTLY REPRESENTS THE FACTS FOUND AT THE TIME OF THE SURVEY. DATE SURVEYED: JANUARY 23. 2014 _ C C r C C c � M 2 CALLED 0.484 ACRE BEAUMONT AREA EDUCATORS FEDERAL CREDIT L)NICN CF NO. 97- 97358 =7 UPR� CALC. CORNER m� jJ �Oi 7'F q\ TER �X � O . ��. i� 2, NOTE. 51 1 NOTHIN N THIS �RVEI' 'S IN _NOFD 0 7, rcE= N G WiDN R C A4 G `A �T J E bg s (� OWNERSHIP OR vY �L^ 2. THE WORD CERTIFY IS UNDERSTOOD 70 BE AN EXP ESS.ON OF P OFESSIDfJAL T'rVAS S. ROWE -- REGIETERED PRGFESS!ON ' : Np No. 5728 JUDGMENT BY THE SURVEYOR, WHICH IS BASED ON HIS BEST KNOl9LEDGE. INFORMATION AND BELIEF, FORMED IN THE COURSE OF HIS PFRFORMING THE SURVEY !N COMPLIANCE MARK W- 1ti'H:TELSY �. WITH THE STANDARD'S OF PRACTICE RECUIRED AND PRJMU ATED BY EHE TEXAS BtiARD D S I TES P. o. aox 4492 S 3D.AU}lONT, TEXAS 7Tt"6 -5492 OF PROFESSMt AL LAND SURVEYORS AND THE TEXAS SOCIETY OF P OF S ^NAL [1vCORPOR9TED 909- 892 -0421 SURVEYORS. AS SUCH, IT CONSTTUTES NEITHER A GvARANTEt NOR A RARPA.N�', EXPRESSED OR IMPLIED. COSS1 TNG ENGINEERS, 3, ALL CALLED BEAR;NC AND D STANCES ARE R R M1 E' TO PRICF S R f PRrFA D 7" us' 3250 E.4S"CY. TT.F'Y SB!' *_ 0I 69 PLANNER TRACT B °L'Y A STONECIPER TR. DATED T LINE 7 1987. 7 _DP -. S. M Nn. 10100700 TP.AU170}1T. 13-892 348 4 BEARINGS ARE REFERENCED TO 7rIE FAST L1 ,E LF *H;5 TRACT PER THE 30:c' c- _f,t.E.,7 (FNt) 40B E792 1396 SIJRVFY 1, 'JQ14\ 1 » —DoT A i4 —Oo O,nWGACF) a n - - EXHIBIT B 2 February 25, 2014 Consider an ordinance abandoning the alley in Block 4, Glover Anderson Addition between Avenue B and SP Road, just north of W. Lavaca Street RICH WITH OPPORTUNITY r , [I I I C1 11 T - E - X• A• S TO: FROM: PREPARED BY: MEETING DATE: City Council Agenda Item City Council Kyle Hayes, City Manager Chris Boone, Director of Planning and Community Development February 25, 2014 REQUESTED ACTION: Council consider an ordinance abandoning the alley in Block 4, Glover Anderson Addition between Avenue B and SP Road, just north of W. Lavaca Street. BACKGROUND Sherry S. Mack, Dependent Administrator of the Estate of William McKinley Mack, Sr., has applied for the abandonment of an alley. The Estate is scheduled to sell the property, pending the abandonment of the alley. The alley divides the property as it consists of most of the adjoining lots , preventing it from being fenced, etc. At a Regular Meeting held February 17, 2014, the Planning Commission recommended approval 7:0 of the abandonment. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of ordinance. December 3, 2013 Dear Sirs: My name is Sherry S. Mack and I reside at 4010 Avenue B, Beaumont, Texas, There is an alley way between (Lots 3 and 5, B 4, Glover Anderson Addition, that I want to have abandoned. I own all the properties From Lot 1 -3, and Lots 5 and 6. My property is ready to close out on a sale, if I successfully secure the abandonment of the 20' alley way. Thanking you in advance for your cooperation. Respectfully, Sherry S. Mack /Owner Dependent Administrator of the Estate of William McKinley Mack, Sr /Deceased Husband 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 EASEMENT (UE) OR RIGHT -OF -WAY BUT RETAIN UTILITY EASEMENT. Cl r, , NAME OF APPLICANT:��> PHONE: AUTHORITY OF APPLICANT: { tw1. %'r. i °��' f� } i G- (, NAME OF OWNER: C" ADDRESS: LF1 t ¢ U <<, PHONE: 45-L j FAX: ALL OWNERS ABUTTING THE ROW OR UE MUST SIGN WRITTEN REQUEST. (PLEASE ATTACH PROPERTY OWNER'S LIST TO THE APPLICATION) PRESENT USE OF ROW OR. UE (LIST UTILITIES IF PRESENT) ATTACH A LETTER STATING THE REASONS FOR THE ABANDONMENT. LEGAL D_ESCRIPT ON OF PROPERTY: LOT NO. BLOCK NO. ADDITION OR TRACT PLAT SURVEY u G: 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 KNOWLEDGE, THE ABOVE INFORMATION IS TRUE AND CORRECT. SIGNATURE OF =- _ APPLICANT: +' , i �, . L.v F DATE: r PLEASE TYPE OR PRINT AND SUBMIT TO: PLANNING DIVISION, ROOM 205 F ILE NT ER : fi DATE RECEIVED: CITY HALL, 801 MAIN STREET BEAUMONT, TX 77701 P.O. BOX 3827 77704 (409) 880 -3764 FAX (409) 880 -3133 APPLICATION FOR PUBLIC RIGHT-OF-WAY, ALLEY OR UTILITY EASEMENT ABANDONMENT Application Ownership List Date: We, the undersigned, being the sole owners of all the property abutting the proposed abandonment �j of -4 that the right-of-way, alley, or utility easement be closed and abandoned. OWNER and ADDRESS -77&S 41 hereby respectfully petition Lot Block (tract) (tax plat) NOTE: Please print or type your name and then use signature. Separate sheets may be used. Addition (survey) ORDINANCE NO. ENTITLED AN ORDINANCE VACATING AND ABANDONING AN ALLEY LOCATED IN BLOCK 4, GLOVER ANDERSON ADDITION BETWEEN AVENUE B AND SP ROAD, JUST NORTH OF W. LAVACA STREET, BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS, Sherry S. Mack, Dependent Administrator of the Estate of William McKinely Mack, Sr. has applied for an abandonment of an alley located in Block 4, Glover Anderson Addition between Avenue B and SP Road, just North of W. Lavaca Street, being the alley of Block 4, G. Anderson 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 alley is no longer necessary for municipal street purposes and the abandonment of said right -of -way 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 ordinance are hereby, in all things, approved and adopted; and, THAT an alley located in Block 4, GloverAnderson Addition between Avenue B and SP Road, just North of W. Lavaca Street, being the alley of Block 4, G. Anderson 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 25th day of February, 2014. - Mayor Becky Ames - P�,A Ivc, , "Fr7A -H 59 S -2 4�' (C"ll I-lc.00 ;":A W F,!,o N96,07 00 'E 1 rc 90 `wJ 1C L L i`—', O 7 94 4 Ll"I's !, 2, 3, 5 ELOCK' 4 �L7 1� R03 sR 518 FND N90'0C 1. ROD ILA RGO 00 W 63.27' 4,0O4NERS CARAGC PR)TPUE,-S 'PV 4 4 -111,I)EC7 PR;O-EP7) SUIIII°,10R's HRp"CAT)ON TO NEIINHCtDERS Mb/CIR THE OWNERS Of THE PREmis[s S�RVFrLL AND TO 5EWVTT?TLl CUAWy COUPAff ,HE UNDERSIGNED DOES HERMY -IRTYY 7%AT 'HIS 5URVILI 0.3 TH!, (AY UkOC 01 THE GROUND Ch' THE PROPERTY LCALLY D—R'K: IEREON AND IS CDPR`.—,, AND T)�,7 'HERE ARE 'IC fellCp�-ANC',S, 70`Iilc , SHORTACLS IN APEA, SX'A➢kRY LINE DVERtAPPING 0--;UPROVEMFTS, :ASEMENTS OR RIGHI-OF-WAYS, ON THE SUH-- '� OF THE LROONO EAwPT OL SHOWN HEREON AND Th'! SAJa PROPERI' HAS ACCESS FG ANC R?CW A LVXATED RWWAY ALL RECORDED EASEMENTS SHOWN ANC NOTED PER S-EWART PTL-r OUAPANTY COuPmY C.F. No f7 DATE T T Tr OMAS S. KWE 728 :MARS W W. fl-,E' ­EY -NCO R PC PA, 7 W 7 1 -o; R r)yy,V'nil , F-ND Ri'o FNE 5 /B* GLC PN,` PIKE BENT HAI-S 577-)C'J "W 1,0;' T- Fl,f 01,f ' 'NO !/� FND f/2' SET R D RCQ Af fc the I !y ,I ­ tfer5 2� y, to 5 occo,"? 159.98 t" "op w Pot rt—" D1117 Records al !y 3--f, 1—j P— 31 le c—!x O P—1 N, cy-,�t r 1V $ —'l Z _h, ooeny , I ROD ORS. I. ROO 00 W 63.27' 4,0O4NERS CARAGC PR)TPUE,-S 'PV 4 4 -111,I)EC7 PR;O-EP7) SUIIII°,10R's HRp"CAT)ON TO NEIINHCtDERS Mb/CIR THE OWNERS Of THE PREmis[s S�RVFrLL AND TO 5EWVTT?TLl CUAWy COUPAff ,HE UNDERSIGNED DOES HERMY -IRTYY 7%AT 'HIS 5URVILI 0.3 TH!, (AY UkOC 01 THE GROUND Ch' THE PROPERTY LCALLY D—R'K: IEREON AND IS CDPR`.—,, AND T)�,7 'HERE ARE 'IC fellCp�-ANC',S, 70`Iilc , SHORTACLS IN APEA, SX'A➢kRY LINE DVERtAPPING 0--;UPROVEMFTS, :ASEMENTS OR RIGHI-OF-WAYS, ON THE SUH-- '� OF THE LROONO EAwPT OL SHOWN HEREON AND Th'! SAJa PROPERI' HAS ACCESS FG ANC R?CW A LVXATED RWWAY ALL RECORDED EASEMENTS SHOWN ANC NOTED PER S-EWART PTL-r OUAPANTY COuPmY C.F. No f7 DATE T T Tr OMAS S. KWE 728 :MARS W W. fl-,E' ­EY -NCO R PC PA, 7 W 7 1 -o; R r)yy,V'nil , F-ND Ri'o FNE 5 /B* GLC PN,` PIKE BENT HAI-S 577-)C'J "W 1,0;' T- Fl,f 01,f ' 'NO !/� FND f/2' 6) k N'D —OVLR R D RCQ Af fc the I !y ,I ­ tfer5 2� y, to 5 occo,"? 159.98 t" "op w Pot rt—" D1117 Records al !y 3--f, 1—j P— 31 le c—!x P—1 N, cy-,�t r 1V $ —'l _h, ooeny , T-E IPR, 570G^S — RE--;:—1 OF ZROFES L -DLPH S PER - C L)PVj A10 -ROW—�47ED gy THE "XA-' "DARE 41J HE S T, DF A 4 A. s Lh N., T, - SEi 6" rRpN p,fS SEr W7,f 5rA41PEO 6 WHJTF!--- & A550C!AT[-- EXHIBIT "A" February 25, 2014 Consider an ordinance denying the rate increase of Entergy Texas, Inc. filed on September 25, 2013: setting just and reasonable rates for Entergy Texas, Inc. for service within the City of Beaumont RICH WITH OPPORTUNITY 11C A. 11 1�1 C1 11 "( T• E• X - A - S TO: FROM: PREPARED BY: MEETING DATE: City Council Agenda Item City Council Kyle Hayes, City Manager Tyrone E. Cooper, City Attorney February 25, 2014 REQUESTED ACTION: To consider an ordinance denying the rate increase request of Entergy Texas, Inc. filed on September 25, 2013; setting just and reasonable rates for Entergy Texas, Inc. for service within the City of Beaumont. BACKGROUND On September 25, 2013, Entergy Texas, Inc., (Entergy) filed a Statement of Intent with the City of Beaumont to increase electric base rates in the Entergy Service Area by $38.6 million per year together with two new surcharges fora total increase request of $53.1 million per year. The City Council, on October 22, 2013, suspended the effective date of the requested increase until January 28, 2014. The effective date of the increase has been further extended by agreement to March 24, 2014. The suspension was authorized and the effective date extended in order to allow the Service Area Cities an opportunity to evaluate the requested increase. The Steering Committee of Entergy Service Area Cities retained the Lawton Law Firm and other utility rate consultants to analyze the rate increase request. The rate consultants have determined that the request as presented is not justified and adjustments should be made. After discussions with Entergy representatives regarding the recommended adjustments, a negotiated settlement has been reached. The proposed settlement provides for a base rate revenue increase of $18.5 million annually as well as allowing for the implementation of two new surcharges. The two surcharges allow for a Rough Production Cost Equalization in an amount of $11.4 million over a three year period and rate case expenses of an estimated $5 million also charged over a three year period. The total amount of the resulting annual increase is $24 million. As it is proposed a typical residential customer using 1,000 kWh per month would realize a slight decrease in their current rates. Dan Lawton, with the Lawton Law Firm, recommends the proposed settlement to the Cities for approval as a fair outcome and a reasonable estimate of the rates that may be approved had the case been appealed to the Public Utility Commission of Texas. The Steering Committee of Entergy Service Area Cities have considered the proposed settlement and are also in agreement with the retained consultants that the settlement should be accepted. FUNDING SOURCE The reasonable expenses associated with rate cases are reimbursable by the company as provided for in the Public Utility Regulatory Act. RECOMMENDATION Approval of the ordinance. ORDINANCE NO, AN ORDINANCE BY THE CITY OF BEAUMONT, TEXAS ( "CITY ") DENYING THE RATE INCREASE REQUEST OF ENTERGY TEXAS, INC. FILED ON SEPTEMBER 25, 2013; SETTING JUST AND REASONABLE RATES FOR ENTERGY TEXAS, INC. FOR SERVICE WITHIN THE MUNICIPAL LIMITS PURSUANT TO A SETTLEMENT WITH ENTERGY TEXAS, INC.; REQUIRING ENTERGY TEXAS, INC. TO FILE UPDATED TARIFFS IN COMPLIANCE WITH THE APPROVED RATES; FINDING THAT THE MEETING COMPLIES WITH THE OPEN MEETINGS ACT; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE WHEREAS, on or about September 25, 2013 Entergy Texas, Inc. ( "Entergy ") filed a Statement of Intent with the City to increase electric base rates in the Entergy Service Area by $38.6 million per year, to implement new riders charging customers $14.5 million per year, for a total requested annual increase of $53.1 million; and, WHEREAS, the City of Beaumont suspended the effective date of Entergy's rates within its jurisdictional limits until at least January 28, 2014 and hired the Lawton Law Firm, P.C. to review the Company's rate change request and proposed tariffs; and, WHEREAS, Entergy agreed to extend the January 28, 2014, jurisdictional deadline to March 15, 2014, and further agreed to extend the March 15, 2014 deadline to March 24, 2014 in order to accommodate the passage of Ordinances adopting settlement rates; and, WHEREAS, Entergy and parties to PUC Docket No. 41791, Entergy's base rate case currently pending before the Public Utility Commission, have reached a settlement in principle of Entergy's base rate increase request resulting in a $18.5 million increase to Entergy's current adjusted revenues; and, WHEREAS, under the settlement Residential, Small General Service, and the Lighting Class customers will all receive a base rate decrease. The base rate increase /(decrease) is allocated among the customer classes as follows: Table 1 Proposed Settlement Base Rate Increase/ Decrease by Customer Class Customer Class Entergy Initial Request Proposed Settlement Residential $2,049,444 ($2,212,094) Small General Service $169,710 ($280,630) General Service $23,549,366 $15,937,075 Large General Service $3,753,620 $1,801,335 Large Industrial $9,255,883 $3,508,964 Lighting Service ($175,150) ($254,652) Total Base Rate Increase: $38,602,873 $18,500,000 WHEREAS, the settlement rates and tariffs are a just and reasonable result and are well within the range of reasonable outcomes of Entergy's base rate case had it been appealed to the Public Utility Commission of Texas; and, WHEREAS, the statutory deadline to act on Entergy's rate increase request is March 24, 2014; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: Section 1. That the statement and findings set out in the preamble to this Ordinance are hereby in all things approved and adopted. Section 2. The City of Beaumont hereby denies the rate increase requested in Entergy's Statement of Intent. Section 3. The City finds that an annual base rate increase of $18.5 million is just and reasonable in accordance with Texas Utility Code § 36.003 and consistent with a reasonable resolution of the issues raised by Cities' expert consultants. Section 4. The City finds that the annual base rate increase shall be billed to each customer class in accordance with the class allocation of revenues and rate design as agreed by all parties in the settlement of Docket No. 41791 and as shown above. The settled class allocation and rate design are reasonable and consistent with the recommendation of City's experts retained to review Entergy's rate increase request. Section 5. The City finds that Entergy should be permitted to recover Entergy's rough production cost equalization expenses through surcharge amortized over three years. Section 6. The City finds that Entergy should be permitted to recover Entergy's reasonable rate case expenses through surcharge amortized over three years. Section i'. Entergy's proposed special circumstances request to recover historical capacity charges of $22,942,706 from customers through reconcilable fuel rates should be and is hereby denied consistent with the parties' settlement in PUC Docket No. 41791. Entergy is also ordered to reduce Entergy's recommended retail fuel reconciliation balance by an additional $1.25 million consistent with the parties' settlement in PUC Docket No. 41791. Section 6. Except as modified by City's Ordinance setting rates and the settlement approved in PUC Docket No. 41791, Entergy's statement of intent application on file with the City is approved. Section 9. Entergy is hereby Ordered to file a proof of revenues and Entergy's proposed tariffs reflecting rates consistent with the City's revenue requirements and adjustments set out above. Such rates and tariffs shall be effective for service rendered on and after April 1, 2014 in accordance with Texas Utility Code § 36.111. In the event that the effective date of rates resulting from the settlement of PUC Docket No. 41791 is delayed beyond the April 1, 2014 effective date, then effective date of Entergy's rates within the City will be suspended and will coincide with the manner of implementation and effective date of rates approved in PUC Docket No. 41791. Section 10. The meeting at which this Ordinance was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. Section 11. This ordinance shall become effective from and after its passage. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 25th day of February, 2014. - Mayor Becky Ames - ATTEST: February 25, 2014 Consider a resolution authorizing the City Manager to execute a wastewater service agreement with the City of Bevil Oaks RICH WITH OPPORTUNITY r i 11 i�l C1 I' T - E - X• A• S TO: FROM: PREPARED BY: MEETING DATE: REQUESTED ACTION: City Council Agenda Item City Council Kyle Hayes, City Manager Dr. Hani J. Tohme, P.E., City Utilities Director February 25, 2014 Council consider a resolution authorizing the City Manager to execute a wastewater service agreement with the City of Bevil Oaks. BACKGROUND The Water Utilities Department provides water and /or wastewater services to 16 industrial customers and 4,800 commercial customers. The Texas Commission on Environmental Quality, Chapter 290, Sub - Chapter D, Rules and Regulations for Public Water Systems, requires municipalities to execute water and /or wastewater service agreements with wholesalers as well as non- transient communities which have a potential to serve at least 15 residential service connections on a year -round basis or serves at least 25 residents on a year -round basis. Once service agreements are executed with such entities, they will be required by state law to monitor and report the water quality inside of their property on a monthly basis. This procedure will prevent any possible contamination of the City of Beaumont water system and protect public health. Bevil Oaks has requested to dispose of its domestic wastewater in the City of Beaumont's sewage collection system to provide sewage services to its approximately 5.50 current residential service connections and potential future residents. The wastewater volume proposed to be pumped into the City of Beaumont's sewage collection system is approximately 180,000 gallons per day (65 million gallons per year). The City of Beaumont's Wastewater Treatment Plant processes on average 20 million gallons per day with a maximum treatment capacity of 47 million gallons per day. Bevil Oaks will acquire all necessary easements and install new sanitary sewer lines sufficient to connect Bevil Oaks to the nearest point of Beaumont's existing sewage collection system. Bevil Oaks will be responsible for paying for "outside the City" wastewater rates as set by the code of ordinances. The proposed agreement is estimated to generate approximately $400,000 in annual revenue. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of resolution. THE STATE OF TEXAS § COUNTY OF JEFFERSON § WHEREAS, THE CITY OF BEVIL OAKS, a municipal corporation of Jefferson County, Texas, hereinafter referred to as " BEVIL OAKS" and THE CITY OF BEAUMONT, a municipal corporation of Jefferson County, Texas, hereinafter referred to as "BEAUMONT "; and WHEREAS, BEVIL OAKS has previously filed with BEAUMONT a request and has received the consent of BEAUMONT; and WHEREAS, BEVIL OAKS desires to dispose of its domestic wastewater in the sewage collection system of the BEAUMONT, to provide sewage services to the current and future inhabitants and occupants of BEVIL OAKS; and WHEREAS, BEAUMONT, acting herein by and through its City Manager, herein duly authorized, is willing to permit such disposal of BEVIL OAKS' wastewater providing BEAUMONT is compensated for such services in accordance with rates as established by the ordinances of the CITY OF BEAUMONT: NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENT: I. BEVIL OAKS will entirely, at its own expense, construct the necessary piping network and pumping stations to deliver domestic wastewater generated in BEVIL OAKS to the nearest feasible point of BEAUMONT's sewage collection system to the CITY OF BEVIL OAKS. Said nearest feasible point of connection is to be approved by BEAUMONT. Initial &Date: Page 1 At the time connection is made to BEAUMONT's sewage collection system, BEVIL OAKS shall verify that each residential and commercial sewage connection is monitored with at least one (1) water meter. Prior to the connection, BEVIL OAKS will confirm the accuracy of at least 5% and no more than 10% of its water meters through testing at a commercially acceptable laboratory or testing, facility. If the test results of a majority (greater than 50 %) of the meters are less than 90% accurate, then BEAUMONT may request BEVIL OAKS, at no expense to BEAUMONT, to implement a plan to repair, replace or otherwise remediate the meters in BEVIL OAKS. The plan shall generally require repair, replacement or remediation of affected BEVIL OAKS meters and can occur within a one (1) to three (3) years from time of connection. After connection, BEAUMONT may check for accuracy of said meters. Such testing, if it occurs after the time the connection is made to BEAUMONT's sewage collection system, shall be at the sole expense of BEAUMONT or, if applicable, the residential or commercial user of the meter at issue. II. BEAUMONT shall have the right, at its discretion, to require BEVIL OAKS to install and maintain, at a place to be determined by BEAUMONT, equipment and facilities for monitoring sewage quality and for the purpose of determining that no industrial waste, oils, bilges or other similar sewage is delivered to the BEAUMONT sewage collection system unless approved by BEAUMONT. BEAUMONT may elect to install and maintain, at its own expense, its own meter for purposes of monitoring the amount or quality of the sewage delivered to BEAUMONT's sewage collection system. Page 2 Initial & Date: III. Unless approved and authorized by BEAUMONT, no waste other than domestic sanitary sewage waste will be delivered to the BEAUMONT sewage collection system in accordance with City Code of Ordinance No. 03 -018, Sewer Use Ordinance. For purposes of this paragraph, the words "Sanitary Sewage" mean waste generated from commercial, industrial and manufacturing facilities and which exceeds any one of the following: (A) Bio- Chemical Oxygen Demand (5 -day BOD): 250 milligrams per liter. (B) Total suspended solids: 300 milligrams per liter. (C) Oils, Greases and Fats: 200 milligrams per liter. (D) Acidity and alkalinity as the Hydrogen Ion concentration (pH): Range: above 6.0 and below 11.0 pH units. (E) No septic effluents shall be delivered to the BEAUMONT sewage collection system. (F) Any industry requiring pretreatment processes must be approved by the City of Beaumont Water Utilities Department prior to connections to the wastewater collection system. IV. BEAUMONT and BEVIL OAKS may, with the prior approval of the other, go on the property or premises of the other for any purposes reasonably incidental to or necessitated by the terms and provisions of this contract. V. BEVIL OAKS will collect monthly water usage via individual (primary) meters from all residential and commercial users. BEVIL OAKS will collect monthly water usage via individual (secondary) meters for landscaping/sprinkler systems. BEVIL OAKS will submit total primary residential and commercial water consumption to BEAUMONT, but not submit secondary Aq= /Azz zaod/ 3 Initial & Date: Page 3 landscaping water usage. Consequently, BEVIL OAKS will be responsible for paying for primary meter water usage at applicable "outside the City" wastewater rates as set by the most current BEAUMONT ordinance within 30 days of presentment of invoice by BEAUMONT. BEVIL OAKS will not be responsible for payment of secondary water usage for purposes of calculating sewer use. BEVIL OAKS may collect minimum rates for water and wastewater as set by BEVIL OAKS ordinance and shall not be billed or responsible for payment of BEAUMONT minimum rates. BEVIL OAKS will not be billed on the total amount of wastewater /stormwater that flows through the main line connecting the BEVIL OAKS system to BEAUMONT's sewage system. VI. It is agreed that BEVIL OAKS will acquire all necessary easements and install new sanitary sewer lines sufficient to connect BEVIL OAKS to the nearest point of BEAUMONT's existing sewage collection system. BEVIL OAKS further agrees that it will subsequently convey to BEAUMONT all rights, title and interest in and to the easements and installed lines in a manner that is legally acceptable to BEAUMONT for all lines constructed on easements lying outside the boundaries of Bevil Oaks. As owner of the new sanitary sewer line, it is understood between the parties hereto that the sewage lines lying between the point of connection to BEAUMONT's sewage facilities and the boundaries of BEEVIL OAKS may not be tapped without the prior written approval of the City of Beaumont. VII. Page 4 A7Z- Initial& Date: BEVIL OAKS agrees to construct its new sanitary sewage collection system in accordance with plans and specifications that meet existing state laws and BEAUMONT Water Utilities standards and specifications. BEVIL OAKS also agrees that prior to the commencement of construction of the sewer lines, BEVIL OAKS shall obtain approval from appropriate State and Federal authorities in order to insure that the lines to be constructed shall meet existing design criteria. VIII. BEVIL OAKS agrees to pay BEAUMONT for said sewage services according to the rates established by BEAUMONT City Ordinances as may be amended, a copy of said scheduled rates in effect at the time of execution of this agreements as, enacted and adopted by BEAUMONT, are attached hereto and made a part hereof, and entitled Exhibit "A ". In the event said rates are periodically amended by City Ordinance, BEVIL OAKS agrees to pay said amended rates. BE,VIL OAKS shall not be responsible for and does not agree to pay any minimum rate as set by BEAUMONT City Ordinance, but may collect from its customers such minimum rate as set by BEVIL OAKS ordinance. IX. BEVIL OAKS and BEAUMONT agree to adopt a resolution or take some other official action authorizing the acceptance of the terms and conditions of this agreement; X. Initial & Date: 7— Page 5 This agreement shall be for a period of twenty (20) years from the time of written approval given by Beaumont of the connection to Beaumont's sewage collection system, it being understood and agreed by and between the parties that if the construction of said sanitary sewer facilities has not been completed within three (3) years from the date of this agreement, BEAUMONT may, but will not be required to, provide said services. XI. BEVIL OAKS from time to time may transfer, convey or assign this agreement with respect to all or any part of the land owned to any degree by BEVIL OAKS, and the assignee or assignees shall be bound by this agreement. Upon prior approval by the City Council of BEAUMONT, of the assignment, transfer or conveyance, and only upon the condition that the assignee or assignees assume all liabilities, responsibilities and obligations of this agreement, BEVIL OAKS shall be released from the liabilities, responsibilities and obligations under this agreement with respect to the land involved in the assignment or assignments, or as may be otherwise approved by the City Council of the City of Beaumont. This includes the sale or transfer of interest in such land to BEAUMONT. XII. BEVIL OAKS agrees to deposit with BEAUMONT before service commences the sum of TWO THOUSAND AND NO /100 ($2,000.00) DOLLARS, to be retained by BEAUMONT as payment for any delinquent amounts owed to BEAUMONT for.said services furnished at the time of cancellation or expiration of this agreement. XIII. In connection with this agreement, official addresses for notification shall be: Initial & Date. Page 6 (a) City of Beaumont Office of City Manager Post Office Box 3827 Beaumont, Texas 77704 (b) City of Bevil Oaks Office of Mayor City of Bevil Oaks 7525 Sweetgum Bevil Oaks, TX 77713 (409)753 -1404 (fax) (c) City of Bevil Oaks City Attorney 2195 Dowlen Road Beaumont, Texas, 77706 Any changes in said addresses may be made by notifying the other parties by certified mail of the new or changed address. EXECUTED IN TRIPLICATE, ORIGINALS, this day of M 2013, the City of Beaumont acting herein by and through its City Manager, Kyle Hayes and the City of Bevil Oaks, acting herein by and through its Mayor, hereunto duly authorized. ATTEST: ATTEST: City of Beaumont, Texas i City of Bevil Oaks, Texas By: Page 7 Initial & Date: THE STATE OF TEXAS § COUNTY OF JEFFERSON BEFORE ME, the undersigned, a Notary Public in and for said county and state, on this day personally appeared Kyle Hayes, City Manager of the City of Beaumont, Texas, known to me to be the person and officer whose name is subscribed to the foregoing instrument, and acknowledged to me that the same was the act of the said City of Beaumont, a municipal corporation of Jefferson County, Texas, and that he executed the same as the act of such corporation for the purposes and consideration therein expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the day of .2013. Notary Public, State of Texas THE STATE OF TEXAS § COUNTY OF JEFFERSON § BEFORE ME, the undersigned, a Notary Public in and for said county and state, on this day personally appeared Rebecca M. Ford, Mayor of City of Bevil Oaks, known to me to be the person and officer whose name is subscribed to the foregoing instrument, and acknowledged to me that the same was the act of the said City of Bevil Oaks, a municipal corporation of Jefferson County, Texas, and that she executed. the same as the act of such corporation for the purposes and consideration therein expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF 2013. KIMBERELY LYNN VANDVER 1� pB i Notary Public, State of Texas My Commission Expires April 11, 2017 CE, this the 19th day of December, Page 8 Initial & Date: 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 wastewater service agreement with the City of Bevil Oaks, located outside the City of Beaumont, as required by the Texas Commission on Environmental Quality, Chapter 290, Sub - Chapter D, Rules and Regulations for Public Water Systems. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 25th day of February, 2014. - Mayor Becky Ames. - 5 February 25, 2014 Consider a resolution approving the naming of the North End Community Center, located at 3580 E. Lucas, in honor of Judge John Paul Davis RICH WITH OPPORTUNITY [11'EA,[111C111 T - E - X - A- S FM FROM: MEETING DATE: City Council Agenda Item City Council Kyle Hayes, City Manager February 25, 2014 REQUESTED ACTION: Council consider a resolution approving the naming of the North End Community Center, located at 3580 E. Lucas, in honor of Judge John Paul Davis. BACKGROUND The City Council discussed this item in a work session held on February 18, 2014. There was consensus among the councilmembers present at the meeting to move forward with an agenda item for consideration. A biography for Judge Davis is attached for your review. BIOGRAPHY OF JUDGE JOHN PAUL DAVIS John Paul Davis was born in Bay City, Texas on November 9, 1939, the youngest of four children of Lemon and Opal Davis. He grew up in the heart of South End Community of Bay City and attended Hilliard High School on both the North and South End campuses, graduating in 1958 as an honor student. I le graduated from Prairie View A &M University in 1963, served two years in US Army, worked at Celanese Chemical Company of Bay City and, in 1972, graduated from University of Houston College of Law in Houston, Texas. In 1982, he was appointed by the City Council to be a Municipal Court Magistrate, where he served for a two -year period. He was appointed again to this position in 1987 and served for another two -year period. For the past twenty years, he served as Judge of the Jefferson County Court of Law #3. Judge Davis served as president emeritus of the Hilliard High School Alumni Association, was inducted in the Hilliard High School Hall of Fame, and was named Distinguished Alumni of Bay City Independent School District. He was a life member of the NAACP and recipient of the Beaumont NAACP Lifetime Achievement Award. He was also recently named the Martin Luther King Support Group, Inc. Man of the Year for 2014. He was past president and member of Omega Psi Phi Fraternity and was named both the Chapter Omega Man of the Year and Omega Citizen of the Year. Judge Davis was an active and devoted member of Antioch Baptist Church serving faithfully as deacon and on several committees. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Council hereby approves the re- naming of North End Community Center to Judge John Paul Davis Community Center, located at 3580 E. Lucas. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 25th day of February, 2014. - Mayor Becky Ames - PUBLIC HEARING * Dangerous Structures PUBLIC HEARING: Unsafe Substandard Structures Consider approval of an ordinance declaring certain structures to be unsafe substandard structures and ordering their removal within 10 days or authorizing the property owner to enroll the unsafe structure in a work program. 1. 5145 Ada (auxiliary building) 2. 2625 Amarillo & storage building 3. 1650 Avenue A & auxiliary buildings 4. 2280 Avenue E & auxiliary building 5. 3255 Blossom 6. 1805 Broadway (garage) 7. 2325 Cartwright 8. 2007 Corley 9. 2210 Delaware 10. 4450 Diamond & storage building 11. 5640 Downs 12. 1 192 Elgie 13. 1701 Elgie 14. 684 Euclid & garage 15. 2620 Euclid 16, 2640 Euclid 17. 2695 Euclid 18. 3625 Euclid & storage building 19. 2345 Fillmore (auxiliary buildings) 20. 3730 Fonville (auxiliary buildings) 21. 2600 Girolamo (commercial) 22. 2855 Glenwood & storage building 23. 1447 Grand 24. 7915 Helbig &. storage building 25. 3895 Kenneth (commercial) 26. 4800 Kenneth 27. 4175 Lakner (garage apartment) 28. 1620 E. Lavaca 29. 5385 Laverna (auxiliary buildings) 30. 1 194 Liberty 31. 1915 Lucille & storage building 32. 3710 W. Lynwood & garage 33. 495 N. Major & auxiliary buildings 34. 840 Oakland 35. 2905 -07 Pecos (Duplex) 36. 2475 Pierce & garage 37. 1 155 Pope (auxiliary building) 38. 3180 Robinhood 39. 685 Royal (commercial) 40. 2475 Rusk 41. 2615 Santa Fe 42. 430 E. Simmons & storage building 43. 245 N. 6 "' Street (garage apartment) 44. 3360 St. Helena 45. 2016 Tulane 46. 4045 Usan (travel trailer) 47. 2450 Washington 48. 3490 Washington (commercial) 49. 2035 Wilson 50. 2290 Wilson February 25, 2014 Consider an ordinance declaring certain structures to be dangerous structures and ordering their removal within 10 days or authorizing the property owner to enroll the dangerous structure in a work program RICH WITH OPPORTUNITY 11EA,11MON T - E• X - A - S TO: City Council Agenda Item City Council FROM: Kyle Hayes, City Manager t; O PREPARED BY: Chris Boone, Community Development Director MEETING DATE: February 25, 2014 REQUESTED ACTION: City Council, after conducting a public hearing, consider an ordinance to declare the following fifty (50) structures to be unsafe structures and order the owners to raze the said structures within ten (10) days. If the property owner fails to comply within ten (10) days, staff is requesting City Council authorization to demolish these structures without further notification to the property owner or City Council action. Additionally, if the property owner of a structure requests and is authorized by City Council to enroll in a work program, all delinquent taxes shall be paid in full or a payment plan shall be established prior to enrollment in the work program. Enrollment in the work program shall occur within ten days after the effective date of this ordinance. 1. 5145 .Ada (auxiliary building) 2. 2625 Amarillo & storage building 3. 1650 .Avenue A & auxiliary buildings 4. 2280 Avenue E & auxiliary building 5. 3255 Blossom 6. 1805 Broadway (garage) 7. 2325 Cartwright 8. 2007 Corley 9. 2210 Delaware 10. 4450 Diamond & storage building 11. 5640 Downs 12. 1192 Elgie 13. 1701 Elgie 14. 684 Euclid & garage 15. 2620 Euclid 16. 2640 Euclid 17. 2695 Euclid 18. 3625 Euclid & storage building 19. 2345 Fillmore (auxiliary buildings) 20. 3730 Fonville (auxiliary buildings) ------------------- - - - - -- -- - 21. 2600 Girolamo (commercial) - - -- - - - - - -- 22. 2855 Glenwood & storage building 23. 1447 Grand 24. 7915 Helbig & storage building 25. 3895 Kenneth (commercial) i M. 4800 Kenneth 27. 4175 Lakner (garage apartment) 28. 1620 E. Lavaca 29. 5385 Laverna (auxiliary buildings) 30. 1194 Liberty 31. 1915 Lucille & storage building 32. 3710 W. Lynwood & garage 33. 495 N. Major & auxiliary buildings 34. 840 Oakland. 35. 2905 -07 Pecos (Duplex) 36. 2475 Pierce & garage 37. 1155 Pope (auxiliary building) 38.3180 Robinhood 39. 685 Royal (commercial) I 40. 2475 Rusk _ 41. 2615 Santa Fe 42. 430 E. Simmons & storage building 43. 245 N. 6"' Street (garage apartment) 44. 3360 St. Helena 45. 2016 Tulane 46. 4045 Usan (travel trailer) 47. 2450 Washington 48. 3490 Washington (commercial) 49. 2035 Wilson 50. 2290 Wilson BACKGROUND These structures have been inspected by the Building Codes Division and found to be unsafe structures as defined by the City of Beaumont's Code of Ordinances, Chapter 24, Article 24.04 Unsafe Substandard Structures, Division 1, Sec. 14.04.001 of the 2009 International Property Maintenance Code. Additionally, these structures have deteriorated to a condition that they are no longer considered suitable for repair. FUNDING SOURCE City may incur the cost of demolition. Sources may include General funds and Community Development Block Grant (CDBG) funding. RECOMMENDATION Approval of ordinance. ORDINANCE NO. ENTITLED AN ORDINANCE FINDING CERTAIN STRUCTURES TO BE PUBLIC NUISANCES AND ORDERING THEIR DEMOLITION AND REMOVAL OR REPAIR; PROVIDING FOR SEVERABILITY AND PROVIDING FOR A PENALTY. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That the City Council of the City of Beaumont hereby finds and declares the buildings located at: 1. 5145 Ada (auxiliary building) 2. 2625 Amarillo & storage building 3. 1650 Avenue A & auxiliary buildings 4. 2280 Avenue E & auxiliary building 5. 3255 Blossom 6. 1805 Broadway (garage) 7. 2325 Cartwright 8. 2007 Corley 9. 2210 Delaware 10. 4450 Diamond & storage building 11. 5640 Downs 12. 1192 Elgie 13, 1701 Elgie 14. 684 Euclid & garage 15. 2620 Euclid 16. 2640 Euclid 17. 2695 Euclid 18. 3625 Euclid & storage building 19. 2345 Fillmore (auxiliary buildings) 20. 3730 Fonville (auxiliary buildings) 21. 2600 Girolamo (commercial) 22. 2855 Glenwood & storage building 23. 1447 Grand 24. 7915 Helbig & storage building 25. 3895 Kenneth (commercial) 26. 4800 Kenneth 27. 4175 Lakner (garage apartment) 28. 1620 E. Lavaca 29. 5385 Laverna (auxiliary buildings) 30. 1194 Liberty 31. 1915 Lucille & storage building 32. 3710 W. Lynwood & garage 33. 495 N. Major & auxiliary buildings 34. 840 Oakland 35. 2905 -07 Pecos (Duplex) 36. 2475 Pierce & garage 37. 1155 Pope (auxiliary building) 38. 3180 Robinhood 39. 685 Royal (commercial) 40. 2475 Rusk 41. 2615 Santa Fe 42. 430 E. Simmons & storage building 43. 245 N. 6 Street (garage apartment) 44. 3360 St. Helena 45, 2016 Tulane 46. 4045 Usan (travel trailer) 47. 2450 Washington 48. 3490 Washington (commercial) 49. 2035 Wilson 50. 2290 Wilson to be public nuisances in that said buildings violate Chapter 24, Article 24.04, Section 24.04.001 of the Code of Ordinances of the City of Beaumont and are for want of repairs, or by reason of age or dilapidated, decayed, unsafe or unsanitary condition, or otherwise unfit for human habitation, or otherwise likely to endanger the health, safety or general welfare of the citizens of the City. Section 2. In accordance with Article XVII, Section 2, of the Charter of the City of Beaumont, Chapter 24, Article 24.04 of the Code of Ordinances of Beaumont, Texas, it is hereby ordered that the owner or owners of the above described buildings demolish and remove said structures within ten (10) days of the effective date of this ordinance. If the property owner(s) fail(s) to comply within ten (10) days, Council orders that the property be demolished without further notification to the property owners or City Council action. Section 3. That if any section, subsection, sentence, clause or phrase of this ordinance, or the application of same to a particular set of persons or circumstances should for any reason be held to be invalid, such invalidity shall not affect the remaining portions of this ordinance, and to such end the various portions and provisions of this ordinance are declared to be severable. Section 4. That any person who violates any provision of this ordinance shall, upon conviction, be punished as provided in Section 1.01.009 of the Code of Ordinances of Beaumont, Texas. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 25th day of February, 2014. - Mayor Becky Ames