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Home My WebLink AboutPACKET OCT 30 2012 (02)RICK WITS OrrORTOKITT BEAUMON* T• R• E• A• S REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS OCTOBER 30, 2012 1:30 P.M. CONSENT AGENDA * Approval of minutes — October 16, 2012 * Confirmation of committee appointments A) Approve a resolution authorizing the purchase of equipment for use by the Parks and Recreation Department B) Approve a resolution authorizing the purchase of seven mowers for use by the Parks and Recreation Department C) Approve a resolution authorizing the City Manager to execute an Advance Funding Agreement Amendment No. 1 with the Texas Department of Transportation for the Hike & Bike Trail Phase II-Dowlen Road to Major Drive D) Approve a resolution supporting National Parks for a New Century E) Approve a resolution authorizing the City Manager to execute all documents necessary to accept funding from The Texas Department of State Health Services for the Beaumont Public Health Department's Tuberculosis Elimination Division F) Approve a resolution authorizing the City Manager to execute all documents necessary for an affiliation agreement between the City of Beaumont EMS and the University of Texas Health Science Center G) Approve a resolution authorizing the acceptance of a ten foot wide Exclusive Water Line Easement located at 4550 North Major Drive H) Approve a resolution authorizing the acceptance of a ten foot wide Exclusive Water Line Easement located at 2949 College Street I) Approve a resolution authorizing the acceptance of a ten foot wide Exclusive Sanitary Sewer Easement located at 2949 College Street J) Approve a resolution authorizing the execution of an Access Easement Agreement related to the Stagg ROW abandonment K) Approve a resolution authorizing the acceptance of a ten foot wide Exclusive Water Line Easement located in the abandoned Stagg Drive ROW described in Ordinance No. 12-064 L) Approve a resolution authorizing the acceptance of a ten foot wide Sanitary Sewer Easement located in the abandoned Stagg Drive ROW described in Ordinance No. 12-064 M) Approve a resolution authorizing the acceptance of a ten foot wide General Utility Easement located across the abandoned portion of Stagg Drive ROW described in Ordinance No. 12-064 N) Approve a resolution authorizing the City Manager to execute all documents necessary, specifically including a Memorandum of Understanding between the Beaumont Police Department and the Department of Public Safety O) Approve a resolution authorizing the acquisition of property located at 125 Magnolia n RICH WITH OPPORTUNITY BI lu EAUR �ON* T- IN e g 0 A• 3 City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Laura Clark, Chief Financial Officer MEETING DATE: October 30, 2012 REQUESTED ACTION: Council consider a resolution approving the purchase of equipment from Luber Bros. of Houston in the amount of $79,948.60 for use by the Parks and Recreation Department. BACKGROUND Equipment consists of a fairway mower at $48,370.50, a mechanical drive spray vehicle at $26,599.60 and a fertilizer spreader at $4,978.50. This is specialized equipment to be used to maintain greens and fairways at the Henry Homberg Golf Course. The fairway mower will replace unit 4228, which is approximately fifteen (15) years old and has reached the end of its useful life. The old unit will be disposed of according to City surplus equipment disposal policy. The spray vehicle will replace a tractor which is too heavy for use on the golf course greens. The old will be utilized elsewhere by the City. The fertilizer spreader, a pull -behind model, is a new piece of equipment and light enough for use on greens. Pricing for the equipment was obtained through BuyBoard, a cooperative purchasing association providing cities and political subdivisions with the means to purchase specialized equipment at volume pricing. BuyBoard complies with State of Texas procurement statutes. Manufacturer's warranty for the mowers is a two (2) year limited warranty. Warranty service is available from the dealer. Delivery is expected within forty-five (45) days. FUNDING SOURCE Capital Reserve Fund. RECOMMENDATION Approval of the resolution. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Council hereby approves the purchase of a fairway mower, mechanical drive spray vehicle and a fertilizer spreader for use by the Parks and Recreation Department from Luber Bros., of Houston, Texas, in the amount of $79,948.60 through the BuyBoard Cooperative Purchasing Program. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 30th day of October, 2012. - Mayor Becky Ames - RICH WITH OPPORTUNITY IIEAIIMDN* T - E o x - A - s City Council Agenda Item Im City Council FROM: Kyle Hayes, City Manager PREPARED BY: Laura Clark, Chief Financial Officer MEETING DATE: October 30, 2012 REQUESTED ACTION: Council consider a resolution approving the purchase of seven (7) mowers from Exmark Mfg. Co., Inc. of Beatrice, Nebraska in the amount of $60,273 for use by the Parks and Recreation Department. BACKGROUND Six of the zero -turn riding mowers will be used to mow boulevards, right-of-ways and ditch areas maintained by the Parks Division throughout the City. One mower will be used to mow and maintain the rough areas of the Henry Homburg Golf Course. All of the mowers will replace older units which have reached the end of their useful lives. The old units will be disposed of according to City surplus equipment disposal policy. Pricing for the equipment was obtained through BuyBoard, a cooperative purchasing association providing cities and political subdivisions with the means to purchase specialized equipment at volume pricing. BuyBoard complies with State of Texas procurement statutes. Manufacturer's warranty for the mowers is a three (3) year limited warranty. Warranty service is available from the local dealer. Delivery is expected within forty-five (45) days. FUNDING SOURCE Capital Reserve Fund. RECOMMENDATION Approval of the Resolution. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Council hereby approves the purchase of seven (7) mowers for use by the Parks and Recreation Department from Exmark Mfg. Co., Inc., of Beatrice, Nebraska, in the amount of $60,273 through the BuyBoard Cooperative Purchasing Program. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 30th day of October, 2012. - Mayor Becky Ames - c RICH WITH OPPORTUNITY BEAUMON* T • E • % • A • S TO: City Council Agenda Item City Council FROM: Kyle Hayes, City Manager Q0. PREPARED BY: Patrick Donart, Public Works Director MEETING DATE: October 30, 2012 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to execute an Advance Funding Agreement Amendment #1 with the Texas Department of Transportation for the Hike & Bike Trail Phase II — Dowlen Road to Major Drive. BACKGROUND The City of Beaumont executed an agreement with the Texas Department of Transportation (TxDOT) for a Transportation Enhancement project to build a bike -pedestrian facility between Delaware and Folsom in September 2011. In early 2012, it was deemed our original mute would not work for all parties involved. Staff worked with TxDOT and Drainage District No. 6 to relocate the mute between Dowlen Road and Major Drive. The project is currently in our Capital Program as the Hike & Bike Trail Phase R — Delaware to Folsom. The proposed Amendment #1 will allow TxDOT to continue their review process of the project and to prepare to bid the project in 2013. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of resolution. RESOLUTION NO. WHEREAS, on July 26, 2011, the City Council of the City of Beaumont, Texas, passed Resolution No. 11-206 authorizing the City Manager to execute a Local Transportation Project Advanced Funding Agreement with the Texas Department of Transportation (TxDOT) for the Delaware Folsom Multi -Use Connector Project; and, WHEREAS, in early 2012, it was deemed that the original route would not work for all parties involved; and, WHEREAS, Amendment No. 1 is required to allow TxDOT to continue their review process of the project and to prepare to bid the project in 2013. Amendment No. 1 to the Advance Funding Agreement is substantially in the form attached hereto as Exhibit "A" and made a part hereof for all purposes; 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 Amendment No. 1 to the Advance Funding Agreement for the purpose of allowing the Texas Department of Transportation (TxDOT) to continue their review process of the Delaware Folsom Multi - Use Connector Project and to prepare to bid the project in 2013. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 30th day of October, 2012. - Mayor Becky Ames - STATE OF TEXAS § COUNTY OF TRAVIS § CSJ # 0920-38-239 District # 20 - BMT Code Chart 64 # 03200 Project: Delaware Folsom Multi -use Connector Federal Highway Administration CFDA # 20.205 Not Research and Development ADVANCE FUNDING AGREEMENT AMENDMENT # 1 THIS AMENDMENT is made by and between the State of Texas, aging through the Texas Department of Transportation, called the State, and the City of Beaumont, acting by and through its duly authorized officials, called the Local Government. WITNESSETH WHEREAS, the State and the Local Government executed a contract on the 1 e day of September, 2011 to effectuate their agreement to extend a multiuse trail creating a scenic pedestrian and bicycle connection between Folsom and Delaware in northwest Beaumont; and, WHEREAS, it has become necessary to amend that contract; NOW THEREFORE, in consideration of the promises and of the mutual covenants and agreements of the parties, the State and the Local Government do agree as follows: AGREEMENT 1. Description of Amended Item The first paragraph of Article 4 is removed and replaced with: "The scope of work for the Project, which is shown in Attachment B-1, the Project Location Map, consists of. extending a muni --use trail creating a scenic pedestrian and bicycle connection between Folsom Drive (near Major Drive) and Dowlen Road in northwest Beaumont." Attachment B, Project Location Map of the original agreement is deleted in its entirety and replaced with Attachment B-1 Project Location Map, which is attached to this amendment. All other provisions of the original contract are unchanged and remain in full force and effect. AFA—AFA Amend EXHIBIT "A" Revised 04/08/11 CSJ # 0920-38-239 District # 20 - BMT Code Chart 64 # 03200 Project: Delaware Folsom Multi -use Connector Federal Highway Administration CFDA # 20.205 Not Research and Development 2. Signatory Warranty Each signatory warrants that the signatory has necessary authority to execute this agreement on behalf of the entity represented. THIS AGREEMENT IS EXECUTED by the State and the Local Government in duplicate. THE LOCAL GOVERNMENT Signature Typed or Printed Name Title Date THE STATE OF TEXAS Janice Muilenix Director of Contract Services Texas Department of Transportation Date AFA—AFA Amend Page 2 of 3 Revised 04/08/11 CSJ # 0920-38-239 District # 20 - BMT Code Chart 64 # 03200 Project: Delaware Folsom Mufti -use Connector Federal Highway Administration CFDA # 20.205 Not Research and Development ATTACHMENT B-1 PROJECT LOCATION MAP AFA-4FA Amend Page 3 of 3 Revised 04/08/11 RICH WITH OPPORTUNITY BEA11MONEW T• E• X• A• S TO: FROM: PREPARED BY: MEETING DATE: REQUESTED ACTION: 1� City Council Agenda Item City Council Kyle Hayes, City Manager s Jim Thompson, Director of Management Operations October 30, 2012 Council consider a resolution supporting National Parks for a New Century. BACKGROUND The National Park Service will celebrate its 100th anniversary in 2016. A coalition of national organizations that work for the continued enjoyment, enhancement, and support of our national parks system is taking this opportunity to call for action on the part of all Americans to renew community support for our nation's parks which have done so much to enrich the lives of visitors and strengthen local economies across the country. The National Park Service has collaborated with the National Parks Conservation Association, National Park Foundation, and National Park Hospitality Association which collectively issued a Statement of Joint Principles promoting National Parks for a New Century. The Statement calls for strong, wide -spread, nonpartisan support for our national park properties and preserving our cultural and natural history for the future. The City may, with the consent of Council, add its name to the list of cities and organizations that publicly support this effort. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of resolution. AMERICA'S SUMMIT NATIONAL PARKS NATIONAL PARKS FOR A NEW CENTURY: STATEMENT OF JOINT PRINCIPLES PURPOSE America's national parks include some of the most beautiful, majestic and awe-inspiring places on Earth as well as places commemorating momentous elements of our culture and history. Our parks embody American values, our national heritage, and our continuing story. The centennial of the National Park Service in 2016 provides an exceptional opportunity for national leaders to partner with the American people in restoring, celebrating and visiting our parks and readying the Park Service to serve our children and grandchildren through the next century. This document outlines the core principles shared by the national parks community in support of America's national parks and their owners, the American people. These principles demonstrate broad support for strong national parks and National Park Service programs and progress through advocacy, service, philanthropy and partnerships. National Parks and National Park Service programs are both important to our common heritage. These Principles apply equally to parks and to programs of the National Park Service as it enters its second century. They are the basis for a Centennial Agenda to guide action by our political leaders, philanthropists, and park supporters, as we approach the National Park Service's second century. JUSTIFICATION National Parks Create Memories and Honor Our Heritage, History and Cultural Diversity: For many, visits to national parks and other nationally significant places are the experience of a lifetime. Our most special places provide all Americans and our guests from other nations the opportunity, with families and friends, to build lasting memories, to appreciate America's tremendous history, to explore nature, and to celebrate and learn about our diverse culture. National Parks Are Economic Engines: By attracting visitors from all over the world and supporting businesses that boost local economies, national parks provide billions of dollars in economic benefits, as the ideal marriage of conservation and tourism. National parks are strong investments in our urban and rural economies, producing a minimum of $4 in benefit for every $1 invested. National parks and programs including national landmarks and historic tax credits sustain businesses and inspire capital investments that help drive economic vibrancy and stability for communities, states and regions. Early career employment in parks has shaped millions of lives and created lasting benefits. And as guardians of our heritage, they are priceless. Preserving Nature Today Requires New Strategies: National parks have long played a vital role in protecting our natural wonders. Today, fish and wildlife in our parks face outside threats that were unforeseen a century ago, jeopardizing the long-term survival of our park wildlife resources. These threats demand solutions that are large in scope. They require creative partnerships, the restoration of degraded resources, and policies that create connections to protect habitat and migration routes, and safeguard the air and water of our national parks. AMERICA'S SUMMIT NATIONAL :7.3 so, 4 N� National Park Service Programs Offer Benefits to Every Corner of Our Nation: Every community can benefit from National Park Service programs, even if it contains no national park unit. National Park Service programs help local communities with conservation and revitalization efforts, leverage billions of dollars in local preservation efforts, help preserve Native American heritage, and enhance outdoor recreation opportunities for millions of Americans. The Educational Power of National Parks Is Largely Untapped: National park units, from Independence Hall to Manzanar to Yellowstone, and from the Statue of Liberty to Thomas Edison's Laboratory, can serve as outstanding centers of active learning for all ages. Our nation would greatly benefit by better capitalizing on our national treasures as hands-on classrooms for teaching the next generation about science, math, civics, literature and American history. Technology can help bring these lessons to a wide and diverse audience, no matter where they live. Parks Produce Healthy Communities and Recreational Opportunities: Connecting communities—urban and rural—to national parks and other protected lands, trails, waterways, and community green spaces, gives people access to fun, healthy, inspirational outdoor experiences that add to quality of life and produce physical and mental health benefits. National Park Service programs can help communities achieve these connections. National Parks Are America's Storybook: Whether it is the chronicling of our richest historical moments or the preservation of our greatest natural landscapes, America's national parks, trails, historic landmarks, and heritage areas contain the chapters of our history and culture. Our forebears have enabled us to preserve, conserve and protect these treasures and to build upon them, so that the full fabric of America's diverse story is represented accurately, for present and future generations. Excellence in Park Management Builds Value: Our National Parks and their related programs are highly successful at serving the American people, particularly where the National Park Service has the ability, training, and resources to encourage innovation, collaboration, and entrepreneurship. AMERICA'S SUMMIT NATIONAL PARKS JOINT PRINCIPLES Together, we call on America's leaders to unite around a Centennial Agenda that engages the American people in an active partnership to protect and revitalize our national parks, and encourages them to take advantage of the many opportunities our parks and National Park Service programs present. This Centennial Agenda should adhere to the following principles: 1. Keep America's Promise to Our Children: We borrow national parks from our children. As we enjoy today's opportunities to experience our national parks and heritage, we must also restore, preserve, and protect the parks' air, water, animal and plant life, as well as cultural and historic landscapes, so future generations can experience them as we do. 2. Protect and Cherish Our Heritage: The National Park Service should have adequate resources to serve the American people, through basic federal funding, philanthropic giving, visitor support, and innovative partnerships. National parks and our heritage should be honored, cherished and cared for, so they may exist for future generations to enjoy. 3. Promote Powerful Partnerships: Our national parks and Park Service programs depend on powerful, diverse partnerships. Partnerships help achieve conservation goals, propel visitation, engage youth, preserve cultural heritage, and foster recreation, volunteerism and public service, healthy lifestyles, sustainable jobs and economic vitality. Support from partners and volunteers will thrive as long as there is a clear commitment to sustained federal support for national parks and programs. 4. Evolve with a Changing America: The National Park System and its programs should continue to evolve and reflect the growing diversity of our nation, increasing urbanization, and conservation needs in our expanding national community. The National Park Service and its partners must also reflect this diversity in the faces they project and the creativity, innovation, and entrepreneurship they summon to preserve our collective heritage. S. Enhancing our Quality of Life: National parks and their programs help produce healthy minds and bodies. They should foster connections to communities through trails, waterways, and other means, facilitated by the National Park Service and partners. They should be used to teach us, through our visits and in America's classrooms, about our natural and cultural heritage, and be available for present and future generations to tap as a reservoir to enhance our enjoyment, health, and quality of life. 6. Deliver Lasting Memories: Families and friends expect to enjoy memorable, outstanding visits to National Park Service sites. Educational and interpretive programs, lodging and food, trails and other recreation facilities should be exceptional, park -appropriate and responsive to visitor needs, and natural and cultural resources should be in the best possible condition. High quality park experiences should be affordable for all and accessible both physically and virtually. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City of Beaumont supports a request by the National Park Service to add its name to the list of cities and organizations that publicly support National Parks for a New Century which calls for strong, wide -spread, nonpartisan support for our national park properties and preserving our cultural and natural history for the future. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 30th day of October, 2012. - Mayor Becky Ames - E RICH WITH OPPORTUNITY BEAUMON* T • Z • X - A - s City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Sherry Ulmer, -Public Health Director MEETING DATE: October 30, 2012 REQUESTED ACTION: Council consider a resolution approving the City Manager to execute all documents necessary to accept funding from The Texas Department of State Health Services (DSHS) in the amount of $20,000.00 awarded to the Beaumont Public Health Department's Tuberculosis Elimination Division. BACKGROUND The Texas Department of State Health Services has awarded the Beaumont Public Health Department grant funds for the Tuberculosis Elimination Division in the amount of $20,000.00. This contract supplements the Beaumont Public Health Department's efforts to detect and respond to Tuberculosis cases through contact investigation, direct observation of medications, initial medical evaluations, and medical case management. In the past, Region 6/5S received the DSHS contract and sub -contracted with Beaumont. This is the first year that DSHS is contracting with Beaumont directly. This contract began 09/01/2012 and ends 08/31/2013. FUNDING SOURCE No match is required. RECOMMENDATION Approval of the resolution. CONTRACT NO. 2013-042825 PROGRAM ATTACHMENT NO. 001 PURCHASE ORDER NO. CONTRACTOR: CITY OF BEAUMONT DSHS PROGRAM: HSR 6/5S-TBPCHSR TERM:09/01/2012 THRU: 08/31/2013 SECTION I. STATEMENT OF WORK: To ensure Contractor is prepared for cases of tuberculosis and able to detect and contain disease outbreaks and sustains local public health infrastructure and maintenance of effort at the local level for provision of services in its jurisdiction that prevent and control tuberculosis, including medical, educational and public health services for individuals who have or who are suspected of having active tuberculosis (TB) or latent TB infection (LTBI). Contractor shall: ■ Provide directly observed therapy (DOT), and/or directly observed preventive therapy (DOPT); ■ Conduct initial medical evaluation for TB classifications 1, 2 and 4 (LTBI) as defined by Centers for Disease Control and Prevention; ■ Conduct initial medical evaluations for TB classifications (suspects and cases) 3 and 5 as defined by Centers for Disease Control and Prevention; ■ Conduct follow-up medical evaluations; ■ Conduct contact investigations for individuals with infectious TB or who are suspected of having infectious TB; and ■ Provide case management for patients with active TB or those who are suspected of having active TB (classifications 3 and 5). Medical and case management services shall be provided by a registered nurse and/or licensed vocational nurse. Contractor shall also provide technical assistance and education to the community, health care providers and correctional facilities as requested or needed to prevent and control tuberculosis in jurisdiction. TB cases and suspects are to be reported to the DSHS Health Service Region 6/5 within one (1) working day and submitted on correctly completed Forms TB 400A and 400B within one (1) week. Contact investigations are to be reported to the DSHS Health Service Region 6/5 within one (1) week after the first round of TB testing is completed on correctly completed Form TB 340. All TB reports are to be sent via facsimile to: DSHS Health Service Region 6/5 TB Program TB Elimination Program 5425 Polk Street Suite J PROGRAM ATTACHMENT — Page 1 Houston, Texas 77023 Fax number: (713)-767-3435 Contractor shall follow the standards of care developed by DSHS for Standing Delegation Orders (SDOs). Contractor SDOs may be modified to reflect local needs or issues, but shall be based on DSHS SDOs. Contractor shall consult with the DSHS Health Service Region 6/5 regarding care for patients as specified in the SDOs and regarding care for patients who are not compliant with their treatment. Contractor shall submit a biannual report (due on January 15 and June 15) in a format such as provided in Exhibit A and approved by DSHS. Contractor shall provide appropriate services to patients who present with the signs and symptoms of active tuberculosis (TB) or latent TB infection (LTBI) and to contacts of cases with LTBI in order to prevent and control tuberculosis in local jurisdiction. DSHS will: Reimburse Contractor as indicated under Section 11. Billing Instructions of this Program Attachment and provide instructions and reporting forms for providing tuberculosis services. Provide technical assistance and contract monitoring activities during the contract term. Provide Purified Protein Derivative (PPD), syringes to conduct TB skin tests, approved anti- tuberculosis medications, laboratory services for sputum testing and liver function studies, and physician consultation for TB and LTBI patients. The Parties agree to comply with all applicable federal and state statutes and rules. SECTION II. PERFORMANCE MEASURES: The following performance measures will be used to assess, in part, Contractor's effectiveness in providing the deliverables and without waiving the enforceability of any of the other terms of the Contract. Performance Measures are specified in the attached Exhibit A of the contract attachment. SECTION III. SOLICITATION DOCUMENT: Exempt — Government Entity SECTION IV. RENEWALS: This Contract may be renewed for up to three additional one-year term(s) of a four-year period in the sole discretion of DSHS. SECTION V. PAYMENT METHOD: Cost Reimbursement SECTION VI. BILLING INSTRUCTIONS: Contractor shall request payment using the State of Texas Purchase Voucher (Form B-13) and include acceptable supporting documentation of the required services/deliverables if indicated in the PROGRAM ATTACHMENT — Page 2 attached Exhibit A. Vouchers and supporting documentation can be faxed to Claims Processing Unit at (512) 458-7442. The email address is invoices@ dshs.state.tx.us. Invoices and supporting documentation shall be submitted to the following address: Department of State Health Services Fiscal Claims Processing Unit P.O. Box 149347, MC 1940 Austin, Texas 78714-9147 SECTION VII. BUDGET: DUNS NUMBER: 073901118 SOURCE OF FUNDS: State Total payments will not exceed $20,000.00 SECTION VIII. SPECIAL PROVISIONS: General Provisions, Funding Article III, Use of Funds Section 3.03, is amended to include the following: Funding from this Program Attachment shall not be used to supplant (i.e., used in place of funds dedicated, appropriated or expended for activities funded through this Contract) state or local funds, but Contractor shall use such funds to increase state or local funds currently available for a particular activity. Contractor shall maintain local funding at a sufficient rate to support the local program. If the total cost of the project is greater than DSHS' share set out in SECTION VII. BUDGET, Contractor shall supply funds for the remaining costs in order to fully accomplish the objectives set forth in this Contract. All revenues directly generated by this Contract or earned as a result of this Program Attachment during the term of this Program Attachment is considered program income, including income generated through Medicaid billings for TB related clinic services. Contractor may use the program income to further the scope of work detailed in this Program Attachment, and must keep documentation to demonstrate such to DSHS's satisfaction. This program income may not be used to take the place of existing local, state, or federal program funds. General Provisions, Payment Methods and Restrictions Article IV, Financial Status Reports Section 4.05, is amended to include the following: Quarterly Financial Status Reports (Form 269A) from Contractor shall be provided to DSHS in the format provided by the DSHS. These reports shall be mailed to Texas Department of State Health Services, Attention: Accounting Section, Claims Processing Unit, 1100 West 49`x' Street, PROGRAM ATTACHMENT — Page 3 Austin, Texas 78756. One (1) copy of each quarterly financial status report shall be mailed to the Texas Department of State Health Services, Attention: David Godwin, Mail Code 1960, 5425 Polk St. Suite J, Houston, Texas 77053. These reports shall be submitted on a quarterly basis as follows: PERIOD COVERED DUE DATE September, October, November, 2012 December 31, 2012 December, January, February, 2013 March 31, 2013 March, April, May, 2013 June 30, 2013 June, July, August, 2013 October 31, 2013 PROGRAM ATTACHMENT — Page 4 2013-042825-001 Categorical Budget: m Total reimbursements will not exceed $20,000.00 Financial status reports are due: 12/30/2012, 03/30/2013, 06/29/2013, 09/28/2013 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 to accept funding in the amount of $20,000.00 from the Texas Department of State Health Services (DSHS) for the Tuberculosis Elimination Division. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 30th day of October, 2012. - Mayor Becky Ames - 1� RICH WITH OPPORTUNITY BEAUMON* T • E • % • A • 8 WIT City Council Agenda Item City Council FROM: Kyle Hayes, City Manager PREPARED BY: Sherry Ulmer' , Public Health Director MEETING DATE: August 30, 2012 REQUESTED ACTION: Council consider a resolution approving the City Manager to execute all documents necessary for the affiliation agreement between The City of Beaumont EMS and The University of Texas Health Science Center at San Antonio. BACKGROUND The University of Texas Health Science Center at San Antonio is requesting an agreement with the City of Beaumont's Emergency Medical Services to provide clinical experience to its students majoring in the field of Emergency Medical Technology. The responsibilities of The University of Texas Health Science Center at San Antonio will include but not be limited to the following: - provision of classroom theory; - preparation of student assignments; - continuous communications with Beaumont EMS regarding student performance; and - supervision on students. - procure and maintain throughout the term of agreement professional liability insurance The responsibilities of Beaumont EMS will include but not be limited to the following: - acceptance and reasonable orientation of students; - coordination of the college's assignment schedule; - assist college in evaluation of each student; - designation of an individual to serve as liaison with the college; - provision of reasonable opportunities for students to observe and assist in various aspects of patient care; and - remain ultimate control of responsibility of patient care. FUNDING SOURCE Not Applicable. RECOMMENDATION Approval of the resolution. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to execute all documents necessary to enter into an affiliation agreement between the City of Beaumont EMS Division and the University of Texas Health Science Center at San Antonio for the sole purpose of clinical experience and education under the supervision of the Beaumont EMS Division. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 30th day of October, 2012. - Mayor Becky Ames - [r' RICH WITH OPPORTUNITY BEAUMON* T• E• 8• A• S TO: City Council Agenda Item City Council FROM: Kyle Hayes, City Manager 9P. PREPARED BY: Patrick Donart, Public Works Director MEETING DATE: October 30, 2012 REQUESTED ACTION: Council consider a resolution authorizing the acceptance of a ten foot (10') wide Exclusive Water Line Easement. BACKGROUND Stoneleigh Homsar Apts. Ltd. 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 0.3084 acre tract out of Lot 2 and a portion of Lot I of the replat of Stoneleigh located at 4550 North Major Drive. The water line easement is for the development of phase 2 apartment complex. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of resolution. RESOLUTION NO. WHEREAS, Stoneleigh Homsar Apts., Ltd., has agreed to convey a ten (10) foot wide exclusive water line easement, said easement being a 0.3084 acre tract out of Lot 2 and a portion of Lot 1A of the replat of Stoneleigh located at 4550 North Major Drive, as described in Exhibit "A" and shown on Exhibit "B," attached hereto, to the City of Beaumont for the purpose of placing, constructing, operating, repairing, rebuilding, relocating and/or removing water lines and appurtenances to facilitate the development of Stoneleigh Homsar Apartments Phase II; and, WHEREAS, the City Council has considered the purpose of said conveyance and is of the opinion that the acceptance of said conveyance is necessary and desirable and that same should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT the easement conveyed by Stoneleigh Homsar Apts., Ltd, as described in Exhibit "A" and shown on Exhibit "B," 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 30th day of October, 2012. - Mayor Becky Ames - Fittz&Shipman INC. Ronald D. Fittz, P.E., R.P.L.S. (1948-1987) Terry G. Shipman, P.E., Chairman Billy J. Smith, Jr., President EXHIBIT "A", PAGE 1 OF 3 CENTERLINE DESCRIPT) ON FOR A 10' WIDE EXCLUSIVE WATER LINE EASEMENT Consulting Engineers and Land Surveyors Donald R. King, P.E. Walter J. Ksiazek, R.P.L.S. OUT OF LOT 2 AND A PORTION OF LOT 1A OF THE REPLAT OF STONELEIGH JEFFERSON COUNTY, TEXAS SEPTEMBER 4, 2012 That certain centerline description for a 10' wide exclusive water line easement, 5' on each side of centerline, out of Lot 2 and a portion of Lot 1A of the Replat of Stoneleigh, a plat recorded in Clerks File No. 2010014601 of the Official Public Records of Jefferson County, Texas, said centerline being more particularly described by courses and distances as follows: Note: The Basis of Bearings is the south line of said Lot 2 having been called South 87009'40" West 673.79 feet. COMMENCING at a capped iron rod found in the in the westerly line of a called 4.417 acre tract conveyed to Jefferson County, Drainage District No. 6 as recorded in Clerks File No. 2008000947 of the Official Public Records of Jefferson County, Texas for the east corner of Lot 1A of said Replat of Stoneleigh and the north corner of said Lot 2; THENCE South 40°32'30" West along the common line of said Lots 1A and 2 a distance of 90.47 feet (called South 40035'54" West) to a point for the Point of Termination of Tap F of an existing 10' wide water line easement recorded in Clerks File No. 2010042222 of the Official Public Records of Jefferson County, Texas and for the POINT OF BEGINNING of the said centerline from which a capped iron rod found for a common corner of said Lots 1A and 2 bears South 40032'30" West 343.30 feet (called South 40035'54" West); THENCE along the said centerline of the 10' wide exclusive water line easement with the following courses and distances: South 49°24'06" East a distance of 168.49 feet to an angle point for the POINT OF BEGINNING of TAP A from which the POINT OF TERMINATION of said TAP A bears South 40035'54" West 23.47 feet; South 40037'58" East a distance of 228.24 feet to an angle point; Sputh 02°50'20" East a distance of 86.40 feet to an angle point; Fittz & Shipman, Inc. Page 1 of 2 Project No. 12041 WtrEsmtPhase2 Plat & Description 1405 Cornerstone Court • Beaumont, Texas 77706 • (409) 832-7238 - fax (409) 832-7303 Tx Board of Prof Engineers Firm No. 1160 • Tx Board of Prof Land Surveyors Firm No. 100186 EXHIBIT "A" EXHIBIT "A", PAGE 2 OF 3 South 87°09'40" West, at a distance of 65.75 feet pass a point for the POINT OF BEGINNING of TAP B from which the POINT OF TERMINATION of said TAP B bears South 02°50'20" East 19.67 feet, at a distance of 376.45 feet pass a point for the POINT OF BEGINNING of TAP C from which the POINT OF TERMINATION of TAP C bears South 02°50'20" East 18.94 feet, and continuing a total distance of 497.03 feet to an angle point in said Lot 1A for the POINT OF BEGINNING of TAP D from which the POINT OF TERMINATION of said TAP D bears South 87009'40" West 51.04 feet to the east line of the said existing 10' wide water line easement; THENCE along the said centerline of the 10' wide exclusive water line easement with the following courses and distances: North 02050'20" West a distance of 27.92 feet to an angle point; North 40035'54" East a distance of 216.26 feet to an angle point; North 50°26'38" West a distance of 25.02 feet to a point for the POINT OF TERMINATION of the said centerline. 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E % . A S g TO: City Council FROM: Kyle Hayes, City Manager QV. PREPARED BY: Patrick Donarl, Public Works Director MEETING DATE: October 30, 2012 REQUESTED ACTION: Council consider a resolution authorizing the acceptance of a ten foot (10') wide Exclusive Water Line Easement. BACKGROUND Mike Enterprises, Inc. and the Singla Family Limited 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 0.1333 acre tract out of Lot 1 through Lot 7, Block 39, and part of an abandoned portion of Quincy Street and a 20' wide alley, Cartwright Terrace Addition located at 2949 College Street. The water line easement is for the development of new shopping center. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of resolution. RESOLUTION NO. WHEREAS, Mike Enterprises, Inc. and Singla Family Limited Partnership have agreed to convey a ten (10) foot wide exclusive water line easement, said easement being a 0.1333 acre tract out Lots 1 through Lot 7, Block 39, and part of an abandoned portion of Quincy Street and a 20' wide alley, Cartwright Terrace Addition located at 2949 College Street, as described in Exhibit "A" and shown on Exhibit "B," attached hereto, to the City of Beaumont for the purpose of placing, constructing, operating, repairing, rebuilding, relocating and/or removing water lines and appurtenances to facilitate the development of a new shopping center; and, WHEREAS, the City Council has considered the purpose of said conveyance and is of the opinion that the acceptance of said conveyance is necessary and desirable and that same should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT the easement conveyed by Mike Enterprises, Inc. and Singla Family Limited Partnership, as described in Exhibit "A" and shown on Exhibit "B," 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 30th day of October, 2012. - Mayor Becky Ames - EXHIBIT "A" 0.1333 ACRE OF LAND FOR WATER LINE EASEMENT PURPOSES OUT OF AND A PART OF BLOCK 39, CARTWRIGHT TERRACE ADDITION, CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS BEING 0.1333 acre of land. for exclusive waterline easement purposes out of and a part of Lots 1 through 7, Block 39, and part of an abandoned portion of Quincy Street and a 20' wide alley, recorded in File No. 1999020636, Official Public Records, Jefferson County, Texas, in the Cartwright Terrace Addition, City of Beaumont, recorded in Volume 3, Page 147, Map Records, Jefferson County, Texas; being part of a tract of land conveyed to Mike Enterprises, Inc. and The Singla Family Limited Partnership, recorded in File No. 2009005007, Official Public Records, Jefferson County, Texas; said 0.1333 acre tract being more fully described by metes and bounds as follows, to wit: COM tNCING at a 1/z" steel rod, capped and marked "SOUTEX", set for the Southeast comer of said Mike Enterprises, Inc. and The Singla Family Limited Partnership tract on the intersection of the North right of way line of a dedicated road name Gilbert Street and the West line' of a 20' wide alley; having a State Plane Coordinate of N: 13967949.35, E: 3512871.06 THENCE, South 86 deg., 42 min., 01 sec., West, (Plat Bearing assumed West), on the North right of way line of said Gilbert Street, same being the South line of said; Mike Enterprises, Inc. and Singla Family Limited Partnership tract, a distance of 359.40' to a point for corner being the POINT OF BEGINNING and Southeast comer of the herein described tract; having a State Plane Coordinate of N: 13967928.66, E: 3512512.26; THENCE, South 86 deg., 42 min., 01 sec., West, continuing on the North right of way line of said Gilbert Street, same being the South line of said Mike Enterprises, Inc. and The Singla Family Limited Partnership tract, a distance of 10.00' to a point for corner; from which a %" steel rod, capped and marked "SOUTEX", set for the Southeast corner of said Mike Enterprises, Inc. and The Singla Family Limited Partnership tract on the Easterly line of an Atchison, Topeka, and Santa Fe Railroad 100' wide right of way bears South 86 deg., 42 min., 01 sec., West, a distance of 126.29'; THENCE, North 03 deg., 12 min., 24 sec., West, a distance of 137.77' to a point for corner on the Easterly line of said railroad right of way, same being the Westerly line of said Mike Enterprises, Inc. and The Singla Family Limited Partnership tract; THENCE, North 39 deg., 15 min., 42 sec., East, on the Easterly line of said railroad right of way, same being the Westerly line of said Mike Enterprises, Inc. and The Singla Family Limited Partnership tract, a distance of 270.36' to a V" steel rod, capped and marked "SOLtTEX", set on the intersection of the Easterly line of said railroad right of way and the South right of way line of a dedicated road named College Street; said '/2" steel rod being the Northwest corner of said Mike Enterprises, Inc. and The Singla Family Limited Partnership tract and the Northwest corner of the herein described tract; THENCE, North 86 deg., 40 min., 47 sec., East, on the South right of way line of said College Street, same being the North line of said Mike Enterprises, Inc. and The Singla Family Limited Partnership tract, a distance of 13.58' to a point for corner; from which a EXHIBIT "A" Y2" steel rod, capped and marked "SOUTEV, set for the Northeast corner of said Mike Enterprises, Inc. and The Singly Family Limited Partnership tract bears North 86 deg., 40 min., 47 sec., East, a distance of 172.73'; THENCE, South 39 deg., 15 min., 42 sec., West, 10' Southeasterly of and parallel to the Easterly line of said railroad right of way, a distance of 260.73' to a point for corner; THENCE, North 86 deg., 47 min., 09 sec., East, a distance of 167.09' to a point for corner; THENCE, South 03 deg., 12 min., 51 sec., East, a distance of 10.00' to a point for comer; THENCE, South 86 deg., 47 min., 09 sec., West, a distance of 177.17' to a point for corner; THENCE, South 03 deg., 12 min., 24 sec., East, a distance of 134.88' to the POINT OF BEGINNING and containing 0.1333 acre of land, more or less. Note. Bearings, distances, acreage and coordinates shown are based on State Plane. Coordinate Grid System, Texas -South Central Zone, NAD 83, Scale Factor = 0.999949171, Convergence Angle is 02 deg., 23 min., 32 sec. Reference monument is NGS AJ 8221 This description is based on the Land Survey made by Anthony M. Leger, Registered Professional Land Surveyor No. 5481, on October 2, 2012. City of Beaumont LS -12-0293E N I N O N U Q IU LINE TABLE UNE NO. BEARING DISTANCE Ll S 86'42'01" W 10.00' L2 N 03'12'24" W 137.77- L3 N 39`15'42" E 270.36' L4 N 86'40'47" E 13.58' L5 S 39'1542" W 260.73- L6 N 86'47'09" E 167.09' L7 S 03'12'51" E 10.00' L8 S 86.47'09" W 177.17' L9 S 0372'24" E 134.88 L10 N 03'3'15" W 60.00' NOTES: 1. COORDINATES, BEARINGS, DISTANCES & ACREAGE SHOWN ARE BASE ON STATE PLANE COORDINATE GRID SYSTEM, TEXAS -SOUTH CENTRAL ZONE NAD 83. SCALE FACTOR: 0.999949171, CONVERGENCE ANGLE. 2"23'32", REFERENCE MONUMENT NGS AJ8221 2. METES AND BOUNDS DESCRIPTION TO ACCOMPANY SURVEY OF EVEN DATE. COLLEGE STREET ( R.O.W. VARIES ) ASPHALT PAVEMENT L4 SOUTH R.O.W LINE N 186'40'47" E 172.73 — 0.1333 ACRE OF LAND PART OF LOTS 1,2,4,7 do THE — � F — — ABANDONED ALLEY, BLK. 39 I I CARTWRIGHT TERRACE ADDITION JEFFER50N COUNTY, TEXAS U � (n ^ W Li 15 V) / 6 I Pao ( J �� — ._ _.._. 040 L8'` Q� �4 / k W y ,o O S ro N 6 PLAT BEARING ASSUMED WEST 1 S 8642'59" W - S 86 42'01" W_359.40' NORTH R.O.W. LINE 160.03' S 86.42'01' W L1 POINT OF — — — POINT OF 126.29' BEGINNING GILBERT STREET COMMENCING o N:13967928.66 FORMERLY 'WASHINGTON STREET" N;13967949.35 =i / E: 3512512.26 — l— (60' R.O.W.,) — E_3512871.06 1 FOUND 1" + {S 86'4436" W 459.6; FOUND 1/2" STEEL PIPE Li N:13967872-52 1t•t �6 N:139678983.63 I W ( E:3512575.72 ( 3 G E: 3513034.62 6 be N 0 8 L C K 35 I Z i I f = SET 1/2" STEEL ROD CAPPED "SOUTEX" p POINT FOR CORNER EXHIBIT "B" 3737 Doctaa Ww EXCLUSIVE WATER LINE EASEMENT - 0.'333 ACRE AF LAID. PART OF LOTS 1.2,4.7 do THE ABANDONED "-"" " 1" = 140 PortArthu, Tama. 77642 ALLEY AND OUINCY STREET, BLK. 39, CARTWRIGHT „ so=ToL409.933.2004 TERRACE ADDITION, VOL 3. PG. 147, 10/l/12 SURVEYORS & fN F m 409.983.2005 MAP RECORDS .lEFFERSON COUNTY TEXAS AM eY T. CHASE CITY OF BEAUMONT T9.P.E FIRM /5755 srn,ke�uveyorieom. 801 MAIN STREET, SUITE 200 AML T•xLs. � Pm2MM Ctlg1 NNW BEAUMONT. TEXAS 77704 EXHIBIT "B" RICH WITH OPPORTUNITY BEAUMON* T • E • % • A • S TO: City Council Agenda Item City Council FROM: Kyle Hayes, City Manager Q 0, PREPARED BY: Patrick Donart, Public Works Director MEETING DATE: October 30, 2012 REQUESTED ACTION: Council consider a resolution authorizing the acceptance of a ten foot (10') wide Exclusive Sanitary Sewer Easement. BACKGROUND Mike Enterprises, Inc. and the Singla Family Limited Partnership has agreed to convey a ten foot (10') wide exclusive Sanitary Sewer Easement to the City of Beaumont. The easement is described as being a 0.0370 acre tract out of and part of an abandoned 20' wide alley in Block 39, Cartwright Terrace Addition located at 2949 College Street. The sanitary sewer easement is for the development of new shopping center. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of resolution. RESOLUTION NO. WHEREAS, Mike Enterprises, Inc. and Singla Family Limited Partnership have agreed to convey a ten (10) foot wide sanitary sewer easement, said easement being a 0.0370 acre tract out of and a part of an abandoned 20' wide alley in Block 39, Cartwright Terrace Addition located at 2949 College Street, as described in Exhibit "A" and shown on Exhibit "B," attached hereto, to the City of Beaumont for the purpose of placing, constructing, operating, repairing, rebuilding, relocating and/or removing sanitary sewer lines and appurtenances to facilitate the development of a new shopping center; and, WHEREAS, the City Council has considered the purpose of said conveyance and is of the opinion that the acceptance of said conveyance is necessary and desirable and that same should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT the easement conveyed by Mike Enterprises, Inc. and Singla Family Limited Partnership, as described in Exhibit "A" and shown on Exhibit "B," 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 30th day of October, 2012. - Mayor Becky Ames - EXHIBIT "A" 0.0370 ACRE OF LAND FOR SANITARY SEWER EASEMENT PURPOSES OUT OF AND A PART OF BLOCK 39, CARTWRIGHT TERRACE ADDITION, CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS BEING 0.0370 acre of land for exclusive sanitary sewer easement purposes out of and a part of an abandoned alley in Block 39, recorded in File No. 1999020636, Official Public Records, Jefferson County, Texas, in the Cartwright Terrace Addition, City of Beaumont, recorded in Volume 3, Page 147, Map Records, Jefferson County, Texas; being part of a tract of land conveyed to Mike Enterprises, Inc. and The Singla Family Limited Partnership, recorded in File No. 2009005007, Official Public Records, Jefferson County, Texas; said 0,0370 acre tract being more fully described by metes and bounds as follows, to wit: COMMENCING at a '/2". steel rod, capped and marked "SOUTEX", set for the Southeast corner of said. Mike Enterprises, Inc. and The Singla Family Limited Partnership tract on the intersection of the North right of way line of a dedicated road named Gilbert Street and the West line of a 20' wide alley; having a State Plane Coordinate of N: 13967949.35, E: 3512871.06; THENCE, South 86 deg., 42 min., 01 sec., West (Plat Bearing assumed West), on the North right of way line of said Gilbert Street, same being the South line of said Mike Enterprises, Inc. and The Singla Family Limited Partnership tract, a distance of 343.49' to a point for corner being the POINT OF BEGINNING and Southeast comer of the herein described tract; having a State Plane Coordinate of N: 13967929.58, E: 3512528.14; THENCE, South 86 deg., 42 min., 01 sec.,. West, continuing on the North right of way line of said Gilbert Street, same being the South line of said Mike Enterprises, Inc. and The Singla Family Limited Partnership tract, a distance of 10.00' to a point for corner being the Southwest corner of the herein described tract; from which a 1/2" steel rod, capped and marked "SOUTEX", set for the Southeast corner of said Mike Enterprises, Inc. and The Singla Family Limited Partnership tract on the Easterly line of an Atchison, Topeka and Sante Fe Railroad 100' wide right of way bears South 86 deg., 42 min., 01 sec., West, a distance of 142.20'; THENCE, North 03 deg., 00 min., 44 sec., West, a distance of 155.70' to a point for corner on the Easterly line of said railroad right of way, same being the Westerly line of said Mike Enterprises, Inc. and The Singla Family Limited Partnership tract; said point for corner being the Northwest corner of the herein described tract; THENCE, North 39 deg., 15 min., 42 sec., East, on the Easterly line of said railroad right of way, same being the Westerly line of said Mike Enterprises, Inc. and The Singla Family Limited Partnership tract, a distance of 14.87' to a point for corner being the Northeast corner of the herein described tract; from which a 1/2" steel rod, capped and marked "SOUTEX", set for the Northwest corner of said Mike Enterprises, Inc. and The Singla Family Limited Partnership tract on the intersection of the Easterly line of said railroad right of way and the South right of way line of a dedicated road named College Street bears North 39 deg., 15 min., 42 sec., East, a distance of 231.16'; EXHIBIT "A" THENCE, South 03 deg., 00 min., 44 sec., East, a distance of 166.65' to the POINT OF BEGINNING and containing 0.0370 acre of land, more or less. Note: Bearings, d'fstances, acreage and coordinates shown are based on State Plane Coordinate Grid System, Texas -South Central Zone, NAD 83, Scale Factor = 0.949949171, Convergence Angle is 02 deg., 23 train., 32 sec. Reference Monument is NGS AJ8221. This description is based on the Land Survey made by Anthony M. Leger, Registered Professional Land Surveyor No. 5481, on October 2, 2012 City of Beaumont LS -12-0293E2 0 E M lV N O N M a 0 rn 3 v 4N w M m 0 I N_ D W M m N a I LINE TABLE UNE NO. BEARING DISTANCE L1 S 86.42'01" W 10.00' L2 N 03'00'44" W 155.70' L3 N 39'15'42' E 14.87' l4 S 03'00'44' E 166.65' L5 N 03'37'15' W 60.00' NOTES: 1. COORDINATES, BEARINGS, DISTANCES do ACREAGE SHOWN ARE BASE ON STATE PLANE COORDINATE GRID SYSTEM, TEXAS—SOUTH CENTRAL ZONE NAD 83. SCALE FACTOR: 0.999949171, CONVERGENCE ANGLE: 223'32", REFERENCE MONUMENT NGS AJ8221 2. METES AND BOUNDS DESCRIPTION TO ACCOMPANY SURVEY OF EVEN DATE. 0 100 SCALE: 1 " = 100' COLLEGE STREET ( R.O.W. VARIES ) ASPHALT PAVEMENT SOUTH R.O.W UNE _ —N 8640'47_' E 186.31' '[j — 0.0370 ACRE OF LAND PART OF THE 6 w ABANDONED ALLEY. ALLEY. BLK. 39 CARTWRIGHT TERRACE ADDITION JEFFERSON COUNTY, TEXAS a a � _ b �' II zc !r < ZKt LL. y 0 V. Aoy �./ -1 I_ 6 PLAT BEARING ASSUMED WEST 9 S 86'4259' W �+ NORTH R.c w. ungJ S 86'42' W 3 43.49' i �J _ 160.03' S B 42'01" W Lt POINT OFALBERT STREET -"'�- POINT OF 142.20' BEGINNING FORMERLY "WASHINGTfNI STREET" COMMENCING� N:13967929.58 N: 13967949.35-T -J E. 3512528.14'��60' R.O.W.) E: 3512871.06 / FOUND 1' I 1� 86'44'36" YV 459.64' FOUND 1/2- STEEL PIPE LdSTEEL R W .� N: 1396 872.52 W ( �6 N:13 678983,6633 E: 3512575.72 I F—�: 3 G ` E: 3513034.62 v� ��j Z I BL CK 35 _ f 0 = SET 1/2" STEEL ROD CAPPED "SOUTEX' p = POINT FOR CORNER � 3737 Doctors Dave EXCLUSIVE SANITARY SEWER EASEMENT0 0.0370 ACRE OF LAND, PART OF THE ABANDONED is—vzy�c fi" 10Q Pori ArtL6r, T. 77642 ALLEY (F.0 199902063 U( 6, O.P.R.J.C.), B. 39 Tel. 409.983.2004 CARTWWGHT TERRACE ADDITION, VOL 3, PG. 147, MAP RECORDS. 10 3 12 SURVEYORS Fs FIVG F� 409.983.2Ei05CITY q��SON COUNTY, TEXAS OF BEAUMONT er T. CHASE CKMm T.B.Pr- nRW /5756 saefeasnrveyorscoca 801 MAIN STREET, SUITE 200 EW AML TxL.& now poinsoo Go=KEM BEAUMONT, TEXAS 77704 t OF1 EXHIBIT "B" RICK WITH OPPORTUNITY r T - E - X - A• S City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Patrick Donart, Public Works Director MEETING DATE: October 30, 2012 REQUESTED ACTION: Council consider a resolution authorizing the execution of an Access Easement Agreement related to the Stagg ROW abandonment. BACKGROUND Pursuant to the requirements of the Stagg ROW abandonment, it is necessary for HEB Grocery Company, LP and Baptist Hospital of Southeast Texas to grant an access agreement and a temporary construction easement with the City of Beaumont to allow access for emergency response vehicles on the Turn -Around area which is on certain portions of parcels owned by the HEB Grocery Company, LP and Baptist Hospitals of Southeast Texas at the terminus of Stagg Drive. The access easement areas are described as being a 0.0148 acre tract out of the David Brown Survey, Abstract 5, being out of a 10.2334 acre tract conveyed to Baptist Hospital of Southeast Texas and a 0.0211 and 0.0799 acre tracts out of the David Brown Survey, Abstract 5 being out of a 16.9617 acre tract conveyed to Baptist Hospital of Southeast Texas. The temporary construction easement areas are described as a 0.1274 acre tract out of the David Brown Survey, Abstract 5, being a portion of Stagg Drive. HEB Grocery Company, LP will maintain and repair its respective portion of the property, including the portion of the Turn -Around Area at its sole cost and expense. The access easement agreement is for the development of a new grocery store. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of resolution. • RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to enter, into a Access Easement Agreement with HEB Grocery Company, LP and Baptist Hospital of Southeast Texas to allow access for emergency response vehicles on the Turn -Around area which is on certain portions of parcels owned by the HEB Grocery Company, LP and Baptist Hospitals of Southeast Texas at the terminus of Stagg Drive. The 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 30th day of October, 2012. • • - Mayor Becky Ames - 11 ACCESS EASEMENT AGREEMENT STATE OF TEXAS § COUNTY OF JEFFERSON § This Access Easement Agreement (this "Easement Agreement") is entered into effective as of the day of , 2012, by and between HEB Grocery Company, a Texas limited partnership ("HEB"), Baptist Hospitals of Southeast Texas, a Texas non-profit corporation (the "Hospital"), and the City of Beaumont (the "City"). WHEREAS, HEB is the Owner of that certain approximately 2.474 acre parcel of real property, located to the north of Stagg Drive, in the City of Beaumont, Jefferson County, Texas, as more particularly described on Exhibit A attached hereto and made a part hereof for all purposes (the "HEB Parcel"); WHEREAS, the Hospital is the Owner of that certain 14.6 acre parcel of real property, located to the north and south of Stagg Drive, in the City of Beaumont, Jefferson County, Texas, as more particularly described on Exhibit B attached hereto and made a part hereof for all purposes (the "Hospital Parcel"); WHEREAS, the City has requested and HEB and the Hospital have agreed to grant certain easements for access for emergency response vehicles on the Turn -Around Area (as defined below) on certain portions of the HEB Parcel and Hospital Parcel at the terminus of Stagg Drive, as more particularly set forth in this Easement Agreement; WHEREAS, HEB has agreed to construct such Turn -Around Area, at HEB's sole cost and expense, and the City and the Hospital have agreed to grant to HEB certain temporary construction easement on the right-of-way of Stagg Drive and certain portions of the Hospital Parcel, respectively, for purposes of completing such construction of the Turn -Around Area WHEREAS, for purposes hereof, (i) the term "Owner" shall mean the fee simple owner of all or any portion of the applicable Property, its successors and assigns, (ii) the term "Occupant" shall mean any individual, partnership, firm, association, corporation, trust, governmental agency, administrative tribunal or any other form of business or legal entity, from time to time, entitled to the use and occupancy of the applicable Property under any lease, sublease, license, concession or other similar agreement; (iii) the term "Permittee" shall mean all Owners, Occupants and the partners, officers, directors, employees, agents, contractors, customers, vendors, suppliers, visitors, invitees and licensees of Owners and Occupants; and (iv) the term "Property" shall mean the portions of the HEB Parcel, Hospital Parcel and right-of-way of Stagg Drive made subject hereto, as applicable; and 062007.00754 #163056 EXHIBIT "A" NOW, THEREFORE, HEB, the Hospital and the City hereby agree as follows: 1. Easements. (a) Access Easements. HEB does hereby grant, sell and convey to the City a perpetual, non-exclusive access easement, for the sole purpose of ingress and egress by emergency response vehicles, such as fire trucks, ambulances and police cars (collectively, "Emergency Vehicles', upon, over and across the portion of the HEB Parcel more particularly described on Exhibit C-1 attached hereto and made a part hereof for all purposes (collectively with the property described in Exhibit C-2, the "Turn -Around Area"), for the sole purpose of permitting such Emergency Vehicles to turn around at the terminus of Stagg Drive. The Hospital does hereby grant, sell and convey to the City a perpetual, non-exclusive access easement, for the sole purpose of ingress and egress by Emergency Vehicles, upon, over and across the portion of the Hospital Parcel more particularly described on Exhibit C-2 attached hereto and made a part hereof for all purposes (collectively with the property described in Exhibit C-1, the "Turn - Around Area"), for the sole purpose of permitting such Emergency Vehicles to turn around at the terminus of Stagg Drive. The easements set forth above shall be used in common with each Owner and Occupant of the HEB Parcel and the Hospital Parcel, respectively, and their respective Permittees. (b) Construction Easement. The Hospital does hereby grant, sell and convey to HEB a temporary, construction easement, for the purpose of constructing the Tum -Around Area, upon, over and across the portions of the Hospital Parcel as more particularly described on Exhibit C-3 attached hereto and made a part hereof for all purposes. The City does hereby grant, !. sell and convey to HEB a temporary construction easement, for the purpose of constructing the Turn -Around Area, upon, over and across the portion of the right-of-way of Stag Drive as more particularly described on Exhibit C-4 attached hereto and made a part hereof for all purposes. The foregoing construction easements shall terminate upon the first to occur of (i) the completion of the construction of the Turn -Around Area or (ii) four (4) years following the date of this Easement Agreement. During the construction of the Turn -Around Area, HEB shall not totally block the entrance to and from the portion of the Hospital Parcel located south of Stagg Drive from Stagg Drive included in the Turn -Around Area and shall at all times keep at least one lane of traffic open. 2. Limited -Access Entry Gate. In addition, HEB hereby grants to the Hospital the right to construct and maintain, at the Hospital's sole cost and expense, a limited -access entry gate and associated "knox box" at the location depicted on Exhibit C-5 attached hereto and part hereof for all purposes, for the sole purpose of allowing access for Emergency Vehicles from the Hospital Parcel via the limited -access entry gate in a southerly direction across the HEB Parcel to the curb cut onto College Street to the south of the HEB Parcel, in the location depicted on Exhibit C-5 as "College Street Curb Cut". The foregoing shall not be deemed to grant to the Hospital or any third party the right to enter any other portions of the HEB Parcel or park upon any portion of the HEB Parcel. The limited -access entry gate shall be kept locked at all times when the gate is not in use by Emergency Vehicles for the purposes set forth in this Section 2. The limited -access entry gate and associated "knox box" shall be maintained in a first-class 2 i0 062007.00754 163056 condition and repair consistent with the improvements on the remainder of the HEB Parcel, at t the sole cost and expense of the Hospital. 3. Permitted Exceptions. The access easements and construction easements as described herein are reserved, established and created subject to any and all other restrictions, easements, utility lines, or other matters or easements affecting the Property of record in Jefferson County, Texas, as of the date hereof. 4. Retention of Fee Ownership. The Owner of each respective portion of the Property retains, reserves and shall continue to enjoy fee ownership, and the dominant right to use the surface and the subsurface of its respective portion of the Property, for any and all purposes which do not unreasonably interfere with the easements expressly granted by this instrument. 5. Maintenance and Rem. The Owner of each respective portion the Property shall, at its sole cost and expense, maintain and repair its respective portion of the Property, including the portion of the Turn -Around Area thereon. 6. Default and Remedies. If any party defaults in the performance of its obligations hereunder and the default is not cured within thirty (30) days following delivery of written notice to such defaulting party then the non -defaulting party shall have the right to (i) to perform such obligation on behalf of the defaulting party, in which event such defaulting party shall reimburse such non -defaulting party for all amounts expended by the non -defaulting party on behalf of the defaulting party; and/or (ii) exercise any other rights or remedies available to the non -defaulting party either at law or in equity. In the event of any violation or threatened violation by any person of any of the easements set forth herein, any Owner shall have the right to enjoin such violation or threatened violation in a court of competent jurisdiction. The right of injunction shall be in addition to all other remedies available at law or in equity. All remedies are cumulative and shall be deemed additional to any and all other remedies to which any Owner may be entitled in law or in equity. Each Owner shall also have the right to restrain by injunction any violation or threatened violation by any other Owner of any of the terms, covenants, or conditions of this Easement Agreement, or to obtain a decree to compel performance of any such terms, covenants, or conditions, it being agreed that the remedy at law for a breach of any such term, covenant, or condition (except those, if any, requiring the payment of a liquidated sum) is not adequate. 7. Binding Effect. The provisions of this Easement Agreement shall be binding upon and inure to the benefit of the Owners of respective portions of the Property and their respective Occupants and Permittees. This Easement Agreement shall be appurtenant to the Property and shall run with the land. This Easement Agreement shall be construed in accordance with the laws of the State of Texas and all obligations hereunder are performable in Jefferson County, Texas. 8. Amendment. This Easement Agreement may be canceled, changed, modified or amended in whole or in part only by the written and recorded agreement of (i) the Owner of the HEB Parcel, its successor or assigns, (ii) the Owner of the Hospital Parcel, its successors or assigns; and (iii) the City. 062007.00754 163056 9. No Dedication/Negation of Partnership. Nothing herein contained shall be deemed to be a gift or dedication of any portion of the Property to the general public or for the general public or for any public purpose whatsoever, it being the intention that this Easement Agreement shall be strictly limited to and for the purposes herein expressed. This Easement Agreement is not intended to create, nor shall it be in any way interpreted or construed to create, any third party beneficiary rights in any person not specifically benefited by the terms and provisions hereof, nor are any rights granted to a party hereunder assignable to any third party. None of terms, conditions or provisions of this Easement Agreement shall be deemed to create a partnership between or among the Owners in their respective businesses or otherwise, nor shall it cause them to be considered joint venturers or members of any joint enterprise. Each Owner shall be considered a separate owner, and no Owner shall have the right to act as an agent for another Owner, unless expressly authorized to do so herein or by separate written instrument signed by the Owner to be charged. 10. Miscellaneous. Time is of the essence of this Easement Agreement. If any term, covenant or condition of this Easement Agreement or the application of it to any person or circumstance shall to any extent be invalid or unenforceable, the remainder of this Easement Agreement or the application of such term, covenant or condition to persons or circumstances, other than those as to which it is invalid or unenforceable, shall not be affected thereby, and each term, covenant or condition of this Easement Agreement shall be valid and shall be enforced to the extent permitted by law. This Easement Agreement shall be governed by the laws of the State of Texas and venue for any action hereunder shall be in Jefferson County, Texas. The captions and headings in this Easement Agreement are for reference only and shall not be deemed to define or limit the scope or intent of any of the terms, covenants or conditions contained herein. In construing the provisions of this Easement Agreement and whenever the context so requires, the use of a gender shall include all other genders, the use of the singular shall include the plural, and the use of the plural shall include the singular. Each Owner shall have the right to take such steps as it deems necessary to prevent those persons not authorized by this Easement Agreement to use the Access Easement Area situated on such Owner's property from using the Access Easement Area; provided that such steps shall not materially interfere with the easement rights granted to each Owner herein. [Signatures Appear on Following Page] 062007.00754 163056 EXECUTED effective the date first written above. The City of Beaumont By: Name: Title: THE STATE OF TEXAS § COUNTY OF JEFFERSON § The foregoing instrument was acknowledged before me this day of , 2012, by as of the City of Beaumont, a , on behalf of said Notary Public in and for The State of Texas 062007.00754 163056 • THE STATE OF TEXAS § COUNTY OF BEXAR § REB Grocery Company, LP, a Texas limited partnership By: Name: Title: Todd A. Piland Executive Vice President The foregoing instrument was acknowledged before me this day of , 2012, by Todd A. Piland, as Executive Vice President of HEB Grocery Company, LP, a, Texas limited partnership, on behalf of said limited partnership. Notary Public in and for The State of Texas • • 062007.00754 163056 • Baptist Hospitals of Southeast Texas, a Texas non-profit corporation By: Name: Title: THE STATE OF TEXAS § COUNTY OF JEFFERSON § The foregoing instrument was acknowledged before me this day of , 2012, by as of Baptist Hospitals of Southeast Texas, a Texas non-profit corporation, on behalf of said non-profit corporation. Notary Public in and for The State of Texas 7 062007.00754163056 CONSENT OF LIENHOLDERS The Lienholders below, the owners and holders of a lien or liens upon the Hospital Parcel, consent and subordinate its lien(s) to this Easement Agreement. LIENHOLDERS: PRUDENTIAL HUNTOON PAIGE ASSOCIATES, LLC By: Name: Title: STATE OF § COUNTY OF § This instrument was acknowledged before me, the undersigned authority on this day of , 2012, by , of Prudential Huntoon Paige Associates, LLC, a , a Delaware limited liability company, on behalf of said limited liability company. Notary Public, State of • CENTURY HEALTH CAPITAL, INC. By: Name: Title: STATE OF § COUNTY OF § day This instrument was acknowledged before me, the undersigned authority on this of , 2012, by , of Century Health Capital, Inc., a New York corporation, on behalf of said corporation. • Notary Public, State of 8 062007.00754 163056 EXHIBIT A HEB PARCEL FIELD NOTE DESCRIPTION FOR A 2.4740 ACRE TRACT OUT OF THE DAVID BROWN SURVEY, ABSTRACT 5 JEFFERSON COUNTY, TEXAS JULY 22, 2010 REVISED: JANUARY 3, 2011 That certain 2.4740 acre tract out of the David Brown Survey, Abstract 5, Jefferson County, Texas, and being out of a called 10.2334 acre tract described in the Deed of Trust between Baptist Hospitals of Southeast Texas and the Bank of New York, William J. Barber, Trustee as recorded in Clerks File No. 2001029306 of the Official Public Records of Jefferson County, Texas, said 2.4740 acres being more particularly described by metes and bounds as follows: Note: Bearings are based on a north line of the said 10.2334 acre tract having been called East 449.83 feet. BEGINNING at a PK nail found in concrete in the north right-of-way line of Stagg Drive for the southeast corner of a called 0.477 acre tract conveyed to Carey R. Fracht and wife, Patricia L. Fracht as recorded in Film Code 103-21-2215 of the Real Property Records of Jefferson County, Texas and { the southwest corner of the said 10.23.34 and 2.4740 acre tracts; THENCE North 00023'19" West along the east line of the said 0.477 acre tract and a west line of the said 10.2334 and 2.4740 acre tracts a distance of 148.31 feet (called North 00°17'00" West 148.50 feet) to a fence post found for corner in the south line of a called 2.3132 acre tract (Tract 1) conveyed to George A. Dishman, Jr. and C. W. Conn, Jr. as recorded in Volume 2003, Page 171 of the Deed Records of Jefferson County, Texas for the northeast corner of the said 0.477 acre tract and an exterior corner of the said 10.2334 and 2.4740 acre tracts; THENCE North 89'26'14" East along the said south line of the 2.3132 acre tract and an interior line of the said 10.2334 and 2.4740 acre tracts a distance of 61.02 feet (called South 89°58'00" East 60.00 feet) to a fence post found for the southeast corner of the said 2.3132 acre tract and an interior corner of the said 10.2334 and 2.4740 acre tracts; THENCE North 00°12'49" East along the east line of the said 2.3132 acre tract and an interior line of the said 10.2334 and 2.4740 acre tracts a distance of 289.92 feet (called North 00°17'00" East 290.40 feet) to a 5/8" iron rod found for the southwest corner of a called 1.771 acre tract conveyed to C. W. Conn, Jr. and George A. Dishman, Jr. d/b/a C & D Realty as recorded in Volume 2125, Page 157 of the Deed Records of Jefferson County, Texas and the northwest corner of the said 10.2334 and 2.4740 acre tracts; 0062007.00754 163056 THENCE East along the south line of the said 1.771 acre tract and the north line of the said 10.2334 i and 2.4740 acre tracts a distance of 224.38 feet (called East) to a 1/z" capped iron rod set for the northeast corner of the said 2.4740 acre tract from which a 5/8" iron rod found for an interior corner of the said 10.2334 acre tract bears East 225.05 feet (called East); THENCE South 00°01'25" West along the east line of the said 2.4740 acre tract a distance of 439.06 feet to a I/z" capped iron rod set in the said north right-of-way line of Stagg Drive and the south line of the said 10.2334 acre tract for the southeast corner of the said 2.4740 acre tract; THENCE North 89'57'06" West along the said north right-of-way line of Stagg Drive and the south line of the said 10.2334 and 2.4740 acre tracts a distance of 285.29 feet (called North 89°58'00" West) to the POINT OF BEGINNING and containing 2.4740 acres of land, more or less. io " 0 062007.00754 163056 • ]E-3MBIT B BAPTIST PARCEL TRACT 1: Legal Description: 13.4617 Acre Tract or Parcel of Land David Brown Survey, Abstract No. 5 Jefferson County, Texas BEING a 13.4617 acre tract or parcel of land situated in the David Brown Survey, Abstract No. 5, Jefferson County, Texas, said tract also being out of and part of that certain called 10 acre tract of land as conveyed by United Charities of Beaumont, Texas to Baptist Hospital of Southeast Texas as recorded in Volume 598, Page 53, Deed Records, Jefferson County, Texas and also being out of and part of that certain called 9.885 acre tract of land as conveyed by United Charities of Beaumont to Baptist Hospital of Southeast Texas as recorded in Volume 871, Page 117, Deed Records, Jefferson County, Texas, and being out of and part of that same tract of land described as 18.6207 acre tract (described in EXHIBIT "A-1") save and except that certain called 0.7049 acre tract (described in EXHIBIT "A") as described in a "Special Warranty Deed" as conveyed by The Baptist Hospital of Southeast Texas to Baptist Healthcare System, L. L. C. as recorded in Clerk's File No. 97-9.728176, Official Public Records of Real Property,. Jefferson County, Texas, and also being out of and part of that certain called 16.9617 acre tract, identified as Tract One, Parcel One, as described in a "Deed of Trust" from Baptist Hospitals of Southeast Texas to William J. Barber, Trustee as recorded in Clerk's File No. 2001029306, Official Public Records of Real Property, Jefferson County, Texas, said 13.4617 acre tract of land being more particularly described as follows: NOTE: All bearings are based on the North right-of-way line of College Street as SOUTH 89°58'00" WEST as called in the above referenced deed recorded in Volume 598, Page 53, Deed Records, Jefferson County, Texas. BEGINNING at a ''/z" iron pipe found for the Northwest corner of the tract herein described, said corner being the intersection of the East right-of-way line of Eleventh Street (right-of-way width varies) and the South right-of-way line of Stagg Drive (formerly known as Forsythe Street)(based on a width of 60 feet); THENCE SOUTH 89059'39" EAST, along and with the South right-of-way line of Stagg Drive, for a distance of 889.99 feet to a 5/8" iron rod found for corner, said comer also being the Northwest corner of that certain called 0.828 acre tract of land as conveyed by Dale C. Hager and wife, Ellen Hume .Hager to Mahesh Kanojia and wife, Uma M. Kanojia as recorded in Film Code No. 101-37-1907, Official Public Records of Real Property, Jefferson County, Texas; THENCE SOUTH 00015'48" WEST, along and with the West line of the said 0.828 acre Kanojia tract, for a distance of 176.02 feet to a 5/8" iron rod found for corner, said corner being the Southwest corner of the said 0.828 acre Kanojia tract; THENCE SOUTH 89"56'16" EAST, along and with the South line of the said 0.828 acre Kanojia tract, for a distance of 0.08 feet to a 5/8" iron rod found for corner, said comer being the Northwest corner of that certain called 0.7049 acre tract of land described in EXHIBIT "A" as conveyed by The Baptist Hospital of Southeast Texas to Baptist Healthcare System, L.L.C. as recorded in Clerk's File No. 97- 9728176, Official Public Records of Real Property, Jefferson County, Texas; 11 062007.00754 163056 THENCE SOUTH 00008'00" WEST, along and with the West line of the said 0.7049 acre Baptist { Healthcare System, L.L.C. tract, for a distance of 97.48 feet to a '/2" iron rod found for corner, said corner being an exterior ell corner in the West line of the said 0.7049 acre Baptist Healthcare System, L.L.C. tract; THENCE SOUTH 89052'00" EAST, along and with the most Northerly South line of the said 0.7049 acre Baptist Healthcare System, L.L.C. tract, for a distance of 13.50 feet to a L/z" iron rod found for corner, said corner being an interior ell corner in the West line of the said 0.7049 acre Baptist Healthcare System, L.L.C. tract; THENCE SOUTH 00008'00" WEST, along and with the West line of the said 0.7049 acre Baptist Healthcare System, L.L.C. tract, for a distance of 55.82 feet to a scribed "X" in a concrete drive found for corner, said corner being the Southwest corner of the said 0.7049 acre Baptist Healthcare System, L.L.C. tract; THENCE SOUTH 89052'00" EAST, along and with the South line of the said 0.7049 acre Baptist Healthcare System, L.L.C. tract, for a distance of 191.62 feet to a 60d nail found for comer, said corner being the Southeast corner of the said 0.7049 acre Baptist Healthcare System, L.L.C. tract; THENCE NORTH 00004'38" EAST, along and with the East line of the said 0.7049 acre Baptist Healthcare System, L.L.C. tract, for a distance of 153.55 feet to a 5/8" iron rod found for comer, said corner being the Northeast corner of the said 0.7049 acre Baptist Healthcare System, L.L.C. tract and the Southeast corner of the said 0.828 acre Kanojia tract; THENCE NORTH 0001548" EAST, along and with the East line of the said 0.828 acre Kanojia tract, for a distance of 176.02 feet to a 5/8" iron rod found for corner, said comer being the Northeast corner of the said 0.828 acre Kanojia tract and in the South right-of-way line of Stagg Drive; THENCE SOUTH 89053'57" EAST, along and with the South right-of-way line of Stagg Drive, for a distance of 69.19 feet to a 5/8" iron rod found for comer, said comer being the Northwest corner of a proposed 3.5000 acre tract; THENCE SOUTH 00006'03" WEST, for the boundary between the tract herein described and the said 3.5000 acre tract and perpendicular to the South right-of-way line of Stagg Drive, for a distance of 582.04 feet to a 5/8 iron rod found for corner, said corner being the North right-of-way line of College Street (also being U.S. Highway 90)(right-of-way width varies); THENCE NORTH 89053'46" WEST, continuing along and with the North right-of-way line of College Street, for a distance of 69.20 feet to a scribed "X" in a concrete drain under a sidewalk found for corner; THENCE SOUTH 89056'55" WEST, continuing along and with the North right-of-way line of College Street, for a distance of 337.56 feet to a %" iron rod found for corner; THENCE SOUTH 89058'00" WEST, continuing along and with the North right-of-way line of College Street, for a distance of 439.02 feet to a %" iron rod found for comer, said comer also being the beginning of a curve concave to the north having a radius of 299.50 feet and a central angle of 40046'44" and being subtended by a chord which bears NORTH 69°19'04" WEST 208.69 feet; THENCE WESTERLY and NORTHWESTERLY, along said curve and continuing along and with the North right-of-way line of College Street, for a distance of 213.16 feet to a 3/4" iron rod found for corner; 12 062007.00754 163056 ' THENCE NORTH 34014'54" WEST, along and with the Northeasterly right-of-way line of College Street, for a distance of 191.87 feet to a'/4" iron rod found for corner; THENCE NORTH 87047'07" WEST, continuing along and with the North right-of-way line of College Street, for a distance of 11.80 feet to a'/4" iron rod found for corner, said corner being in the East right-of- way line of Eleventh Street; THENCE NORTH 00023'47" WEST, along and with the East right-of-way line of Eleventh Street, for a distance of 350.15 feet to the POINT OF BEGINNING and containing 13.4617 ACRES. SAVE AND EXCEPT THE FOLLOWING DESCRIBED TRACT OF LAND: That certain 7.300 acre tract out of the David Brown Survey, Abstract 5, Jefferson County, Texas, and being out of a called 16.9617 acre tract described in the Deed of Trust between Baptist Hospitals of Southeast Texas and the Bank of New York, William J. Barber, Trustee as recorded in Clerks File No. 2001029306 of the Official Public Records ' of Jefferson County, Texas, said 7.300 acres being more particularly described by metes and bounds as follows: Note: Bearings are based on a south line of the said 16.9617 acre tract having been called South 89°58'00" West. BEGINNING at a capped iron rod found at the intersection of the east right-of-way line of 1 Vh Street and the south right-of-way line of Stagg Drive for the northwest corner of the said 16.9617 and 7.300 acre tracts; THENCE South 89°58'49" East along the said south right-of-way line of Stagg Drive and the north line of the said 16.9617 and 7.300 acre tracts a distance of 546.61 feet (called South 89°59'39" East) to a %" capped iron rod set for the northeast comer of the said 7.300 acre tract from which a "X" found in concrete for reference bears South 89°58'49" East 41.54 feet (called South 89°59'39" East); THENCE South 00°23'52" West along an east line of the said 7.300 acre tract a distance of 328.08 feet to a 'h" capped iron rod set for an interior comer of the said 7.300 acre tract; THENCE South 89°51'36" East along an interior line of the said 7.300 acre tract a distance of 70.04 feet to a'/2" capped iron rod set for an exterior corner of the said 7.300 acre. tract; THENCE South 00°15'47" East along an east line of the said 7.300 acre tract a distance of 139.59 feet to a '/Z" capped iron rod set for an interior corner of the said 7.3 00 acre tract; THENCE North 89'44'13" East along an interior line of the said 7.300 acre tract a distance of 56.40 feet to a %" capped iron rod set for an exterior corner of the said 7.300 acre tract; THENCE South 00°16'08" East along an east line of the said 7.300 acre tract a distance of 115.12 feet to a '/2" capped iron rod set in the north right-of-way line of College Street and the south line of the said 16.9617 acre tract for the southeast corner of the said 7.300 acre tract; THENCE South 89°58'00" West along the said north right-of-way line of College Street and the south line of the said 16.9617 and 7.300 acre tracts, passing at a distance of 83.04 feet a"X" found in concrete for 13 ( 062007.00754 163056 reference, and continuing a total distance of 356.20 feet (called South 89°58'00" West) to a 5/8" iron rod : I*found for the PC of a curve; THENCE continuing along the said north right-of-way line of College Street and the said south line of the 16.9617 and 7.300 acre tracts with a curve to the right having a chord bearing of North 69°19'55" West, a chord distance of 208.46 feet and a radius of 299.50 feet, a distance along the curve of 212.92 feet to a 5/8" iron rod found for the PT of the curve; THENCE North 34°16'34" West along the northeasterly right-of-way line of College Street and the southwesterly line of the said 16.9617 and 7.300 acre tracts a distance of 192.03 feet (called North 3401415411 West 191.87 feet) to a capped iron rod found for an angle point; THENCE North 87°38'24" West along a north right-of-way line of said College Street and a south line of the said 16.9617 and 7.300 acre tracts a distance of 11.64 feet (called North 87'47'07" West 11.80 feet) to a'/4" iron rod found in the said east right-of-way line of l lth Street for the southwest corner of the said 16.9617 and 7.300 acre tracts; THENCE North 00'09'10" West along the said east right-of-way line of 11th Street and the west line of the said 16.9617 and 7.300 acre tracts a distance of 350.35 feet (called North 00023'47" West 350.15 feet) to the POINT OF BEGINNING and containing 7.300 acres of land, more or less. �J 14 : 0 062007.00754 163056 io TRACT 2: Legal Description: 0.7049 Acre Tract or Parcel of Land David Brown Survey, Abstract No. 5 Jefferson County, Texas BEING a 0.7049 acre tract or parcel of land situated in the David Brown Survey, Abstract No. 5, Jefferson County, Texas and being out of and part of that certain called 9.885 acre tract of land as conveyed by United Charities of Beaumont to Baptist Hospital of Southeast Texas as recorded in Volume 871, Page 117, Deed Records, Jefferson County, Texas, and also being all of that certain called 0.7049 acre tract of land described in EXHIBIT "A°' as conveyed by The Baptist Hospital of Southeast Texas to Baptist Healthcare System, L.L.C. as recorded in Clerk's File No. 97-9728176, Official Public Records of Real Property, Jefferson County, Texas, and also being all of that certain called 0.7049 acre tract, identified as Tract One, Parcel Two, as described in a "Deed of Trust" from Baptist Hospitals of Southeast Texas to William J. Barber, Trustee as recorded in Clerk`s File No. 2001029306, Official Public Records of Real Property, Jefferson County, Texas, said 0.7049 acre tract being more particularly described as follows: NOTE: All bearings are based on the North right-of-way line of College Street as SOUTH 89°58'00" WEST as recorded in Volume 598, Page 53, Deed Records, Jefferson County, Texas. COMMENCING at a '/2" iron pipe found for the intersection of the East right-of-way line of Eleventh Street (right-of-way width varies) and the South right-of-way line of Stagg Drive (formerly known as Forsythe Street) (based on a width of 60 feet), said Gomer also being the Northwest corner of that certain called 18.6207 acre tract of land described in EXHIBIT "A-1" as recorded in Clerk's File No. 97-9728176, Official Public Records of Real Property, Jefferson County, Texas; THENCE SOUTH 89059'39" EAST, along and with the South right-of-way line of Stagg Drive and the North line of the said 18.6207 acre tract, for a distance of 889.99 feet to a 5/8" iron rod found for corner, said corner also being the Northwest comer of that certain called 0.828 acre tract of land as conveyed by Dale C. Hager and wife, Ellen Hume Hager to Mahesh Kanojia and wife, Uma M. Kanojia as recorded in Film Code No. 101-37-1907, Official Public Records of Real Property, Jefferson County, Texas; THENCE SOUTH 00°15'48" WEST, along and with the West line of the said 0.828 acre Kanojia tract and an interior line of the said 18.6207 acre tract, for a distance of 176.02 feet to a 5/8" iron rod found for corner, said comer being the Southwest corner of the said 0.828 acre Kanojia tract and an interior ell corner of the said 18.6207 acre tract; THENCE SOUTH 89056'16" EAST, along and with the South line of the said 0.828 acre Kanojia tract and the most Southerly North line of the said 18.6207 acre tract, for a distance of 0.08 feet to a 5/8" iron rod found for comer and the POINT OF BEGINNING of the tract herein described, said comer being the Northwest corner of the said 0.7049 acre Baptist Healthcare System, L.L.0 tract; THENCE SOUTH 89056'16" EAST, along and with the South line of the said 0.828 acre Kanojia tract and the most Southerly North line of the said 18.6207 acre tract, for a distance of 204.97 feet to a 5/8" iron rod found for corner, said corner being the Southeast corner of the said 0.828 acre Kanojia tract and an interior ell corner of the said 18.6207 acre tract; THENCE SOUTH 00004'38" WEST, over and across the said 18.6207 acre tract, for a distance of 153.55 feet to a 60d nail found for corner; 15 06200700754163056 r THENCE NORTH 89052'00" WEST, over and across the said 18.6207 acre tract, for a distance of 191.62 feet to a scribed "X" in a concrete drive found for corner; THENCE NORTH 00008'00" EAST, over and across the said 18.6207 acre tract, for a distance of 55.82 feet to a'/z" iron rod found for corner; THENCE NORTH 89052'00" WEST, over and across the said 18.6207 acre tract, for a distance of 13.50 feet to a'/2" iron rod found for corner; THENCE NORTH 00008'00" EAST, over and across the said 18.6207 acre tract, for a distance of 97.48 feet to the POINT OF BEGINNING and containing 0.7049 ACRES, more or less. 16 062007.00754 163056 TRACT 3: FIELD NOTE DESCRIPTION FOR A 7.757 ACRE TRACT OUT OF THE DAVID BROWN SURVEY, ABSTRACT 5 JEFFERSON COUNTY, TEXAS OCTOBER 17, 2012 That certain 7.757 acre tract out of the David Brown Survey, Abstract 5, Jefferson County, Texas, and being out of a called 10.2334 acre tract described in the Deed of Trust between Baptist Hospitals of Southeast Texas and the Bank of New York, William J. Barber, Trustee as recorded in Clerks File No. 2001029306 of the Official Public Records of Jefferson County, Texas, said 7.757 acres being more particularly described by metes and bounds as follows: NOTE: Basis of Bearings is the south line of a called 16.9617 acre tract conveyed in said Clerks File No. 2001029306 having been called South 89°58'00" West. The Bearings have been rotated from the Land Title Survey to match the Minor Plat of Lot 1, College Street Complex. BEGINNING at a concrete monument found in the north right-of-way line of Stagg Drive for the southwest corner of a tract conveyed to Rips/Sandman Families Support Trust as recorded in Clerks File No. 9701550 of the Official Public Records of Jefferson County, Texas and the southeast corner of the said 10.2334 and 7.757 acre tracts; THENCE North 89056'45" West along the said north right-of-way line of Stagg Drive and the south line of the said 10.2334 and 7.757 acre tracts a distance of 615.75 feet (called North 89057'03" West) to a capped iron rod found in concrete for the southwest comer of the said 7.757 acre tract from which a PK nail found in concrete for the southwest comer of the said 10.2334 acre tract bears North 89059'48" West 285.62 feet (called North 89°57'03" West); THENCE North 00°01' 18" West along a west line of the said 7.757 acre tract a distance of 439.06 feet to a capped iron rod found in the south line of a called 1.771 acre tract conveyed to C.W. Conn, Jr. and George A. Dishman, Jr. d/b/a C & D Realty as recorded in Volume 2125, Page 157 of the Deed Records of Jefferson County, Texas and a north line of the said 10.2334 acre tract for the most westerly northwest corner of the said 7.757 acre tract from which a 5/8" iron rod found for an exterior corner of the said 10.2334 acre tract bears South 89'57'18" West 224.38 feet (called West); THENCE North 89057'38" East along the said south line of the 1.771 acre tract and a tract conveyed to Raghurami B. Reddy as recorded in Clerks File No. 2001042549 of the Official Public Records of Jefferson County, Texas being a north line of the said 10.2334 and 7.757 acre tracts a distance of 224.88 feet (called East) to a 1/2" iron rod found for the southeast corner of the said Reddy tract and an interior corner of the said 10.2334 and 7.757 acre tracts; THENCE North 0093' 14" East along the east line of the said Reddy tract and a west line of the said 10.2334 and 7.757 acre tracts a distance of 171.31 feet (called North 000 13'28" East 171.29 feet) to a PK Nail found in the south right-of-way line of Fannin Street for the northeast corner of the said Reddy tract and the most northerly northwest corner of the said 10.2334 and 7.757 acre tracts; THENCE South 89°58'45" East along the said south right-of-way line of Fannin Streetand a north line of the said 10.2334 and 7.757 acre tracts a distance of 391.44 feet (called South 89058'00" East 391.40 feet) to a concrete monument found for the northwest corner of a called 1.374 acre tract conveyed to Fannin 0 17 062007.00754 163056 Plaza LLC as recorded in Clerks File No. 20030'?0494 of the Official Public Records of Jeffersc_i County, Texas and the northeast corner of the said 10.2334 and 7.757 acre tracts; THENCE South 00005'56" West along the east line of the said 10.2334 and 7.757 acre tracts a distance of 610.97 feet (called South 00°06'45" West 610.88 feet) to the POINT OF BEGINNING and containing 7.757 acres of land, more or less. This Field .Note Description is based on a land title survey performed by Fittz & Shipman, Inc. on October 16 & 17, 2012. Walter J. Ksiazek Registered Professional Land Surveyor No. 5321 • ,. 18 062007.00754 163056 EXHIBIT C-1 HEB EASEMENT AREA (See attached) • C 062007.00754 163056 Fittz&Shipman CongBngirzeers and Lend Surv� as Ronald D. Fittz, P.E, RP.LS. f194E-198 Donalded R. R Kmg P.E Terry G. Shipman, P.E, Chairman Walter J. Ksiazek, R.P.L.S. Billy J. Smith, Jr.. President EXHIBIT Cl, PAGE 1 OF 3 FIELD NOTE DESCRIPTION OFA 0.0148 ACRE TRACT FOR AN ACCESS EASEMENT AGREEMENT OUT OF THE DAVID BROWN SURVEY, ABSTRACT 5 JEFFERSON COUNTY, TEXAS SEPTEMBER 29, 2012 That certain 0.0148 acre tract for an access easement agreement out of the David Brown Survey, Abstract 5, Jefferson County, Texas, and being out of a called 10.2334 acre tract conveyed in- a Deed of Trust between Baptist Hospital of Southeast Texas and The Bank of New York, William J. Barber, Trustee as recorded in Clerks File No. 2001029306 of the Official Public Records of Jefferson County, Texas, said 0.0148 acres being more particularly described by metes and bounds as follows: NOTE: Basis of Bearings is the south line of a called 16.9617 acre tract conveyed in -said Clerks File No. 2001029306 having been called South 89°58'00" West COMMENCING at a capped iron rod found in the north line of the said 16.9617 acre tract and the south right-of-way line of Stagg Drive for the southeast comer of a called 0.3530 acre tract described in Ordinance No. 12-064 for the abandonment of a portion of Stagg Drive as recorded in Clerks *File No. 2012029748 of the Official Public Records of Jefferson County, Texas; THENCE North 00'23'31" East along the east line of the said 0.3530 acre tract a distance of 59.89 feet (called North 00°22'41" East 59.89) to a'X" set in concrete in the south line of the said 10.2334 acre tract and the north right-of-way line of Stagg Drive for the northeast comer of the said 0.3530 acre tract, the southwest comer of the said 0.0148 acre tract and the POINT OF BEGINNING; THENCE North 00'23'31" East along the west line of the said 0.0148 acre tract, a distance of 29.99 feet to a point for the northwest comer of the said 0.0148 acre tract; THENCE South 89°59'49" East along the north line of the said 0.0148 acre tract a distance of 20:00 feet to a point for the northeast corner of the said 0.0148 acre tract; Fiat B Shipman, Inc. Page 1 of 2 Project No. 10050.0001T9AccessesmtHEB Plat & Description 1405 Cornerstone Cou rt - Beaumont, Texas 77706 - (409) 832-7238 • fax (409) 832-7303 Tx Board of Prof Engineers Firm No. 1160 " Tx Board of Prof Land Surveyors Finn No. 100186 • • • U] EXHIBIT C1, PAGE 2 OF 3 THENCE South 00°00'22° West along the east line of the said 0.0148 acre tract a distance of 11.45 feet to a point for the PC of a curve; THENCE continuing along the said east line of the 0.0148 acre tract with a curve to the left having a chord bearing of South 20°43'40" East, a chord distance of 19.83 feet and a radius of 28.00 feet, a distance along the curve of 20.26 feet to a point in the said south line of the 10:2334 acre tract and the said north right-of-way line of Stagg Drive for the southeast comer of the said 0.0148 acre tract; THENCE North 89°59'48° West along the saia•south line of the 10.2334 and 0.0148 acre tracts and the said north right-of-way line of Stagg Drive a distance of 27.22 feet (called North 89°58'00' West) to the POINT OF BEGINNING and containing 0.0148 acres of land, more or less. This description is based on a survey made by Fittz & Shipman, Inc. during September 2012. Walter J. Ksiazek Registered Professiona Land Sury yor No. 5321 Fittz & Shipman, Jnr- Page ncPage 2 of 2 Project No. 10050.000MAccessesmtHEB Plat & Description 3 Z Orn Z 7TA a 00 � N Z N W c On G Ljj Ljj CL A CD z Q a U In Z x LJ O00 uj mQQ 'h �x cnm V / wx U Q • • 11 W. V, 0;j -4Z W ��i�- o Hv®rW pg�aa a rK U�, w m m �Z n WWW A n� E i zz yy� Y Wy! J S �o Z N E. �a� � _ FP a �aAi � cm W jN� Vl � p rc 146 k �ZFp N I N 3W L— N ----- I x � I o n< r7 U I E Itio p �^ N 3 ,LS,£Z.00 N I rl to eN !££LOD N 68'65 3 .l£,CZ00 N (62'69 3 N mTltl�). ME .l>,2ZDO �$ OZ !cs Z -`lt rc h < �� L 2 rZZ NU 0 < Z a C r w 7m S 5p am W? lai7a�po Wc. w i yy�� V ff[yy[11 � W O S h m N U V 1 U U W N< a 3 Q CL u Z ul W<O diem 00E -W �WNC. Z Z o p �� g�ag WO 6l 1A W3�W �$N p < m2/ S N zn m OV zy=`U� ow vZ tpiuO U w Z. S Ori `-' C WC F 151azi s TIT o Z s • • 11 W. EXHIBIT C-2 ( HOSPITAL EASEMENT AREA (See attached) • • 062007.00754 163056 Coned IL R g Engineers and Land Surveyors j Ronald D. Pitlz, P.E., RP.L.S. (1948-19B� Donald Icing, P.E. Terry G. Shipman, P.E., Chairman Walter 1. Ks azek, PULS. Billy 1. Smith, Jr., President EXIiiBIT C2, PAGE 1 OF 3 FIELD NOTE DESCRIPTION OF A 0.0211 ACRE TRACT FOR AN ACCESS EASEMENT AGREEMENT OUT OF THE DAVID BROWN SURVEY, ABSTRACT 5 JEFFERSON COUNTY, TEXAS SEPTEMBER 29, 2012 That certain 0.0211 acre tract for an access easement agreement out of the David Brown Survey, Abstract 5, Jefferson County, Texas, and being out of a called 16.9617 acre tract conveyed In a Deed of Trust between Baptist Hospital of Southeast Texas and The Bank of New York, William J. Barber, Trustee as recorded in Clerks File No. 2001029306 of the Official Public Records of Jefferson County, Texas, said 0.0211 acres being more particularly described by metes and bounds as follows: NOTE Basis of Bearings is the south line of the said 16.9617 acre tract having been called South 89°58'00' West. BEGINNING at a capped iron rod found in the north line of the said 16.9617 acre tract and the south right -0f -way line of Stagg Drive for the southeast comer of a called 0.3530 acre tract described in Ordinance No. 12-064 for the abandonment of a portion of Stagg Drive as recorded In Clerks File No. 2012029748 of the Official Public Records of Jefferson County, Texas; THENCE South 89°58'52" East along the said south right-of-way line of Stagg Drive and the said north fine of the 16.9617 and 0.0211 acre tracts a distance of 36.39 feet (called South 89°59'39' East) to a point for the northeast comer of the said 0.0211 acre tract apd the PC of a curve from which a 'X" found in concrete for an angle point of the said 16.9617 acre tract bears South 89°58'52' Easf 5.96 feet (called South 89°59'39" East); THENCE along the east line of the said 0.0211 acre tract with a curve to the left having a chord bearing of South 20°46'31" West, a chord distance of 19.86 feet and a radius of 28.00 feet, a distance along the curve of 20.30 feet to the PT of the said curve', THENCE South 00'00'22" West continuing along the east line of the said 0.0211 acre tract a distance of 11.26 feet to a point for the southeast comer of the said 0.0211 acre tract; Fittz st Shipman, Inc. Page 1 of 2 Project No. 10050.000MAccessesmtBapt Plat & Description 1405 Comerstone Court • Beaumont, Texas 77706 • (409) 832-7238 • fax (409) 832-7303 Tx Board of Prof Engineers Firm No. 1160 - Tx Board of Prof Land Surveyors Firm No. 100186 11 • • EXHIBIT C2, PAGE 2 OF 3 THENCE North 89°53'48" West along the south line of the said 0.0211 acre tract a distance of 29.55 feet to a point for the southwest corner of the said 0.0211 acre tract; THENCE North 00'23'52° East along the west line of the said 0.0211 acre tract a distance of 29.79 feet to the POINT OF BEGINNING and containing 0.0211 acres of land, more or less. This description is based on a survey made by rittz & Shipman, Inc. during September 2012. Walter J. Ksiazek 4� F Registered Professional Land S rveyor No. 5321 g�*gip Se Eq r�y,� Frttz &Shipman, Inc_ Page 2 of 2 Project No. 10050.0001T9AccessesmtBapt Plat & Description NEW A Lh. E4- U2 \g oa z lig 3 ,ZS=00 N H N A = H AN a W' c ILS% = O O O U W C�.l !O r O N E FFCi EE�� N Z DIu N di.' 11��11 m NO <� W t I g 2 NOS `$<e m m j a � 0 O ^ W�f 0 O_amw aLIj s 7 c� JOro a. 0 OpM1�F=.•NOm•cv t..iW Q l.� C �'CM I U gFF<� t!1 Lf p '� x C >9lg �ygs Z m FI o X i < s �B FF �ivNo t2ZC0 p �P zwS 4z Om�y bio �yz i 41a U Wv m5Y f'Y< h d Z -jv) 0�2� �dK vz m Vv �J:W.7'O~-' W <"�� 4L`U\K_ U� OAF $= I c s I 9 a M U I d \ 04 3 I a \Oi I wWw \ To �n n m� 3 ,ZS=00 N H N A 69.69 3 _tC.MGO N o OW59 3 ,L*.ZZZO N O3TN:1} W' c ILS% = O O O U W C�.l !O r O N E FFCi EE�� N Z DIu N di.' 11��11 Z 7m3 NO <� W •i OTU �`V d W Os m 2 NOS `$<e m m j a � m O ^ W�f �LLo� �JxmN O_amw aLIj s 7 c� JOro a. < OpM1�F=.•NOm•cv t..iW Q l.� C �'CM e W ZY� Q < O F�Q z W -W2 Q'FQ_' K '23 C Q� W 2 C -J Q F- 9 F- 2 N D Z m G g .3 .2 W 0 z -.j m < m c ��-W� O~'�W �ivNo t2ZC0 p �P zwS 4z Om�y bio �yz i 41a U Wv m5Y f'Y< h d Z -jv) 0�2� �dK vz m Vv �J:W.7'O~-' W <"�� 4L`U\K_ U� OAF c 7 r7 g a z L • • rEXHIBIT C-3 HEB TEMPORARY CONSTRUCTION EASEMENT (See attached) • • 062007.00754 163056 Consulting Eno veers and Land Swveyors ( Ronald D. Fttz, P.E., PML.S. (1948-1987) Donald R. lQn& P.E. Terry G. Shipman, P.E., Chairman Walter J. Ksiazek, R.P.L_S. Billy J. Smith, Jr., President EXHIBIT C3, PAGE 1 OF 3 FIELD NOTE DESCRIPTION OFA 0.0799 ACRE TRACT FORA TEMPORARY CONSTRUCTION EASEMENT OUT OF THE DAVID BROWN SURVEY, ABSTRACT 5 JEFFERSON COUNTY, TEXAS SEPTEMBER 29, 2012 That certain 0.0799 acre tract for a temporary construction easement out of the David Brown Survey, Abstract 5, Jefferson County, Texas, and being out of a called 16.9617 acre tract conveyed in a Deed of Trust between Baptist Hospital of Southeast Texas and The Bank of New York, Wiliam J. Barber, Trustee as recorded in Clerks File No. 2001029306 of the Official Public Records of Jefferson County, Texas, said 0.0799 acres being more particularly described by metes and bounds as follows: NOTE Basis of Bearings is the south line of the said 16.9617 acre tract having been called South 89°58'00` West COMMENCING at a capped iron rod found in the north fine of the said 16.9617 acre tract and the south right-of-way line of Stagg Drive for the southeast comer of a called 0.3530 acre tract described in Ordinance No. 12-064 for the abandonment of a portion of Stagg Drive as recorded in Clerks File No. 2012029748 of the Official Public Records of Jefferson County, Texas; THENCE South 89'58'52" East along the said south right-of-way line of Stagg Drive and the said north line of the 16.9617 acre tract a distance of 41.55 feet (called South 89°59'39' East) to a point for the most northerly northwest comer of the said 0.0799 acre tract and the POINT OF BEGINNING, THENCE South 89'58'52' East continuing along the said south right-of-way fine of Stagg Drive and the north line of the said 16.9617 and 0.0799 acre tracts a distance of 5.16 feet (called South 89'59'39' .East) to a 'X' found in concrete for an angle point; THENCE South 89'58'38' East continuing along the said south right-of-way line of Stagg Drive and the north line of the said 16.9617 and 0.0799 acre tracts a distance of 51.30 feet (called South 89'59'39' East) to a point for the northeast comer of the said 0.0799 acre tract from FrUz & Shipman, Inc. Pagel of 2 Project No. 10050.000 lT9TempConsEsmtBapt Plat & Description 1405 Cornerstone Court • Beaumont, Texas 77706 • (409) 832-7238 • fax (409) 832-7303 Tx Board of Prof Engineers Finn No. 1160 • Tx Board of Prof Land Surveyors Firm No- 100186 • (10 EXHIBIT C3, PAGE 2 OF 3 which 'h" iron rod found for an exterior comer of the said 16.9617 acre tract bears South 89°58'38" East 248.83 feet (called South 89"59'39" East);; THENCE South 00'00'15' West along an east line of the said 0.0799 acre tract a distance of 15.58 feet to a point for an exterior corner of the said 0.0799 acre tract; THENCE North 89"57'16" West along a south line of the said 0.0799 acre tract a distance of 38.96 feet to an interior comer of the said 0.0799 acre tract; THENCE South 00°28'37' West along an east line of the said 0.0799 acre tract a distance of 55.00 feet to a point for the southeast comer of the said 0.0799 acre tract; THENCE North 89'31'23' West along a south line of the. said 0.0799 acre tract a distance of 53.91 feet to a point for the southwest comer of the said 0.0799 acre tract; THENCE North 00'23'52" East along a west line of the said 0.0799 acre tract a distance of 40.34 feet to a point for an exterior comer of the said 0.0799 acre tract; THENCE South 89'53'48" East along a north line of the said 0.0799 acre tract a distance of 29.55 feet to a point for an interior comer of the said 0.0799 acre tract; THENCE North 00`00'22' East along a west line of the said 0.0799 acre tract a distance of 1126 feet to the PC of a curve; THENCE along a west line of the said 0.0799 acre tract with a curve to the right having a chord bearing of North 20°46'31' East, a chord distance of 19.86 feet and a radius of 28.00 feet, a distance along the curve of 20.30 feet to the POINT OF BEGINNING and containing 0.0799 acres of land, more or less. This description is based on a survey made by Fittz & Shipman, Inc, during September 2012. Walter J. Ksiazek Registered Professional Landu eyo Sr No. 5321 MU & Shipman, Inc. Page 2 of 2 Project No. 10050.0001T9TempConsEsmtBapt Plat & Description • FEW] K SW W Wd0 yb Mm e N U�� U m N m v_ UW 60'64 3 .1C.M00 N (60'64 3 01 U 00 N 03TIVO) J� d z � 2 68 r O Y N N aO O ~ :a� m Q N O gq�Qj �xmN< CL Oc.ini F- �3 yd�U F (Jw LL a O w LL^NO Or N m0� U W Q W yWW� NO n �O _ N F LrF O ZOm J F SO OZ i9 OO Zag `<Uz m A [ W to V 00'94 M • • 0 2 d 0 = o m = M r O Y N N aO O ~ Q N x i F- m LZ< Q W W F Q O A W to O F F N r0O U n. gs a mcnm N� I.L Q z N O OCL r � n 6 a arc _s _N m s • • 0 2 EXHIBIT C-4 a HOSPITAL TEMPORARY CONSTRUCTION EASEMENT (See attached) El • 062007.00754 163056 Fittz&Sh`pman . Consulting Engineers and Land Stuveyors t Ronald D. FiUz, P.E., R. RLS. (1948-1987), Donald R Kn& RE Terry G. Shipman, P.E., Chairman Walter J. KMazek, R.P.LS. Billy J. Smith, Jr., President EXHIBIT C4, PAGE 1 OF 3 FIELD NOTE DESCRIPTION OFA 0.1274 ACRE TRACT FORA TEMPORARY CONSTRUCTION EASEMENT OUT OF THE DAVID BROWN SURVEY, ABSTRACT 5 JEFFERSON COUNTY, TEXAS SEPTEMBER 29, 2012 That certain 0.1274 acre tract for a temporary construction easement out of the David Brown Survey, Abstract 5, Jefferson County, Texas, and being a portion of Stagg Drive, said 0.1274 acres being more particularly described by metes and bounds as follows: NOTE: Basis of Bearings is the south line of a called 16.9617 acre tract conveyed in a Deed of Trust between Baptist Hospital of Southeast Texas and The Bank of New York, Wiliam J. Barber, Trustee as recorded in Clerics File No. 2001029306 of the Official Public Records of Jefferson County, Texas having been called South 89°58'00' West. BEGINNING at a capped iron rod found in the north line of the said 16.9617 acre tract and the south right-of-way line of Stagg Drive for the southeast comer ofa-called 0.3530 acre tract described in Ordinance No. 12-064 for the abandonment of a portion of Stagg Drive as recorded in Clerks File No. 2012029748 of the Official Public Records of Jefferson County, Texas and the southwest comer of the said 0.1274 acre tract; . THENCE North 00°23'31' East along the east line of the said 0.3530 acre tract and the west line of the said 0.1274 acre tract a distance of 59.89 feet (called North 00°2241" East 59.89) to a'X' set in concrete in the south line of a called 10.2334 acre tract conveyed in the said Clerks File No. 2001029306 and the north right-of-way line of Stagg Drive for the northeast comer of the said 0.3530 acre tract and the northwest comer of the said 0.1274 acre tract; THENCE South 89°59'48" East along the said north right-of-way line of Stagg Drive, the south line of the said 10.2334 acre tract and the north line of the said 0.1274 acre tract, passing at a distance of 27.96 feet (called South 89°58'00" East) a W capped iron rod in concrete set for reference, and continuing a total distance of 92.44 feet to a point for the northeast comer of the said 0.1274 acre tract Fittz g Shipman, Inc. Page 1 of 2 Project No. 10050.0001TSiConstructesmtCity Plat & Description 1405 Cornerstone Court - Beaumortt, Texas 77706 - (409) 832-7238 • fax (409) 832-7303 Tx Board of Prof Engineers Firm No. 1160 • Tx Board of Prof Land Surveyors Fitts No. 100186 • r' EXiiil3IT C4, PAGE 2 OF 3 THENCE South 00'00'15" West along the east line of the said 0.1274 acre tract a distance of 59.92 feet to a point in the said south right-of-way line of Stagg Drive and the said north line of the 16.9617 acre tract for the southeast comer of the said 0.1274 acre tract from which a'/.' iron rod found for an exterior comer of the said 16.9617 acre tract bears South 89'58'38" East 248.83 feet (called.South 89'59'39' East); THENCE North 89°58'38' West along the said south right-of-way tine of Stagg Drive, the said north tine of the 16.9617 acre tract and the south line of the said 0.1274 acre tract a distance of 51.30 feet (called North 89'59'39" West) to a "X in concrete found for an angle point; THENCE North 89'58'52" West continuing along the said south right-of-way line of Stagg Drive and the said north line of the 16.9617 acre tract and the said south line of the 0.1274 acre tract a distance of 41.55 feet (called North 89'59'39" West) to the POINT OF BEGINNING and containing 0.1274 acres of land, more or less. This description is based on a survey made by Fitiz & Shipman, Inc. during September 2012, Walter J. Ksiazek Registered Professional Land16urvoro. 5321 a Fittz ,g Shipman, Inc. Page 2 of 2 Project No. 10050.0001T9ConstructesmtCity Plat & Description • 20 O Ln LL7 < K ti a 11Y < Z O p � N L w Ul a W Z O z En p < Ott}P,r 9 • _ � {�,y a" � �� sr Q% v LLI N m&f o. -�2� mEo p 0a yip pQjo U }4=(313Q o In w CP W a: < t�mr a z M �F7;Ep i Q _ rr3 LJ A j z Ep IL If fi'BC Al S[0200 O' m o 3•- o > _ N Sisk F3a S o�tR3 a �U mt I �WW u Qq v I nLL q v� m (6B'6C 3 ,L4,ZZ.00 N R3llY3) 0 0 h j 80'CZ£ 3 ,m.a.00 O OZ W Y U d m x Ow� W 1 U WO Q.m UO 4< X ?� D lo �mn Io n m �35 ��WWWG00f��°qq�q(Y�1 Mi. 0� WNH< �� r2410NU �e-WW VIUQ Y O �"WY pp( <,iUO rZN ma �- BZW 0ZOW- WHd Ln 0- LLJmW OmF�2qqWj1ng N C 1 Z�Cn0 =Z1y v= Y< J U= O J W O • • El el • EXHIBIT C-5 SITE PLAN WITH KNOX BOX (See attached) 062007.00754 163056 -*M1 ell Site Plan - Exhibit C- 5 M If A -*M1 ell Site Plan - Exhibit C- 5 M A O -M so 1:4 UP, 3590 College Street - Beaumont, Texas v NX If A O -M so 1:4 UP, 3590 College Street - Beaumont, Texas v NX K RICH WITH OPPORTUNITY BEA,UMON* T E . S A 9 S Ci Council A enda Item � g TO: City Council FROM: Kyle Hayes, City Manager P0. PREPARED BY: Patrick Donart, Public Works Director MEETING DATE: October 30, 2012 REQUESTED ACTION: Council consider a resolution authorizing the acceptance of a ten foot (10') wide Exclusive Water Line Easement. BACKGROUND HEB Grocery Company, LP has agreed to convey a ten foot (10') wide exclusive Water Line Easement to the City of Beaumont. The easement is described as being across a 0.3530 acre tract out of the David Brown Survey, Abstract 5 located in the abandoned Stagg Drive ROW described in Ordinance No. 12-064. The water line easement is for the development of a new grocery store. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of resolution. STATE OF TEXAS § COUNTY OF JEFFERSON § KNOW ALL MEN BY THESE PRESENTS: WATER LINE EASEMENT THAT, HEB GROCERY COMPANY, LP, a Texas limited partnership, of the County of Bexar, 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 in hand paid to 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 perpetual, non-exclusive, water line easement (the "Easement") to construct, alter, and maintain waterlines and related 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 Area"). The Easement herein granted shall be used for the purpose of placing, constructing, operating, repairing, rebuilding, replacing, relocating, and/or removing water lines and related appurtenances in the Easement Area, and, it is expressly understood and agreed that the City of Beaumont shall have the right of reasonable ingress to and egress from the Easement Area and use of the same for the purposes aforesaid; provided, however that Grantee use of the 062007.00754 9163557 Easement and the rights appurtenant thereto shall in no event unreasonably interfere with or hinder the business operations on the Grantor's adjacent property and/or Grantor's ingress and egress thereto. Grantor reserves the right to continue to use and enjoy the surface of the Easement Area for all purposes that do not interfere with or interrupt the use or enjoyment of the Easement by Grantee for the purposes provided herein, including but not limited to the right to place surfacing materials over and across the Easement Area and to use the same for parking areas, driveways, walkways or sidewalks, landscaping and/or lighting; provided, however, no permanent buildings may be placed on the Easement Area. Notwithstanding the foregoing, Grantee shall not be responsible for the repair and replacement of any improvements placed by Grantor within the Easement Area and the same shall be repaired and maintained by Grantor, at Grantor's sole cost and expense. The conveyance of the Easement granted herein is made by Grantor and accepted by Grantee subject to any and all existing easements, covenants, rights-of-way, conditions, restrictions, outstanding mineral interests and royalty interests, if any, in the Easement Area of record in the office of the County Clerk of the County of Jefferson (collectively, the "Permitted Exceptions"). This Easement may be amended or terminated only by the written consent of the parties hereto, or their respective successors and assigns. 062007.00754 4163557 TO HAVE AND TO HOLD the above described easement and right-of-way unto the said CITY OF BEAUMONT, its successors and assigns forever, by, through, or under Grantor, but not otherwise, subject to the Permitted Exceptions. [Signature Page Follows] 062007.00754 9163557 EXECUTED this day of 32012. GRANTOR: HEB Grocery Company, LP, a Texas limited partnership Printed Name: Todd A. Piland Title: Executive Vice President ACKNOWLEDGEMENT STATE OF TEXAS § COUNTY OF BEXAR § BEFORE ME, the undersigned authority, on this day personally appeared Todd A. Piland, the Executive Vice President of HEB Grocery Company, LP, a Texas limited partnership, known to me to be the person and officer whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same as the act of such limited partnership for the purposes and consideration therein expressed and in the capacity therein stated. 2012. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of , Notary Public, State of Texas RETURN TO: City of Beaumont Antoinette Hardy — Engineering P.O. Box 3827 Beaumont, TX 77704 062007.00754 #163557 EXHIBIT A (See attached) 062007.00754 #163557 RESOLUTION NO. WHEREAS, HEB Grocery Company, LP has agreed to convey a ten (10) foot wide exclusive water line easement, said easement being across a 0.3530 acre tract out of the David Brown Survey, Abstract 5 located in the abandoned Stagg Drive right-of-way, as described in Exhibit "A" and shown on Exhibit "B," attached hereto, to the City of Beaumont for the purpose of placing, constructing, operating, repairing, rebuilding, relocating and/or removing water lines and appurtenances to facilitate the development of a new grocery store; and, WHEREAS, the City Council has considered the purpose of said conveyance and is of the opinion that the acceptance of said conveyance is necessary and desirable and that same should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT the easement conveyed by HEB Grocery Company, LP, as described in Exhibit "A" and shown on Exhibit "B," 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 30th day of October, 2012. - Mayor Becky Ames - Fitts&Shipman INC. Consulting Engineers and Land Surveyors Ronald D. Ftu, P.E., R.P.L.S. (1948-1987) Donald R. IGn& P.E. Terry. C. Shipman, P.E,Chairman Walter J. Ksiazek, R. P.L.S. Billy J. Smith, Jr., President CENTERLINE DESCRIPTION FORA 10' WIDE EXCLUSIVE WATER LINE EASEMENT OUT OF THE, DAVID BROWN SURVEY, ABSTRACT 5 JEFFERSON COUNTY, TEXAS SEPTEMBER 18, 2012 That certain centerline for a 10' wide exclusive water line easement out of the David Brown Survey, Abstract 5, Jefferson County, Texas, and being across a 0.3530 acre tract for the abandonment of a portion of Stagg Drive described in Ordinance No. 12-064 as recorded in Clerks File No. 2012029748 of the Official Public Records of Jefferson County, Texas, said centerline tieing more particularly described by the courses and distances as follows: NOTE: Basis of Bearings is the south line of a called 16.9617 acre tract conveyed in a Deed of Trust between Baptist Hospital of Southeast Texas and The Bank of New York, Wiliam J. Barber, Trustee as recorded in Clerks File No. 2001029306 of the Official Public Records of Jefferson County, Texas having been called South 89`58'00" West. COMMENCING at a capped iron rod found in the south right-of-way line of Stagg Drive for the southeast comer of the said 0.3530 acre tract from which a capped iron rod found at the intersection of the east right-of-way line of 1 Ith Street and the south right -of --way line of Stagg Drive for the northwest comer of the said 16.9617 acre tract bears North 89`5849" West 546.61 feet (called North 89°59'39' West); THENCE North 00°23'31" East along the east line of the said 0.3530 acre tract a distance of 48.88 feet (called North 00°22'41' East) to a point for the POINT OF BEGINNING of the said centerline of the 10' wide exclusive water line easement; THENCE North 89'59 31' West along the said centerline a distance of 257.17 feet to a point in the west line of the said 0.3530 acre tract for the POINT OF TERMINATION of the said centerline of the 10' wide exclusive water line easement from which a PK nail found in concrete for the southeast comer of a called 0.477 acre tract conveyed to Carey R. Fracht and wife, Patricia L. Fracht as recorded In Film Code 103-21-2215 of the Real Property Records of Jefferson County, Texas and the northwest corner of the said 0.3530 acre tract, bears North 00°26'02' West 10.99 feet (called North 00°26'52' West). This /description is bas on a survey made by Fittz & Shipman, Inc. during September 2012. v(/CPiE O' F"tFfi Waiter J. Ksiaae yrra� s rF,g,�q Registered Profession Land Sury or No. 5321 Fi ar` tea* Ftrz & Shipman, Inc. 1 1. 212 . Page 1 of 1 �' P/ Project No. 10050TBWaterlineesmt oR, f8 g %01 '' Plat & Description�y�Q' 1405 Cornerstone Court • Beaumont, Texas 77706 • (�19) 832-7238 fax (409) 832-7303 Tx Board of Prof Engineers Firm No. 1160 • Tx Board of Prof Land Surveyors Firm No. 100186 EXHIBIT "A" --------- _--- „8„ 1181HX8 z z a z ro Q Z O O Vl z U ! x W 1e�3 N a WLLz�v~1a < w z~ rc �t- r- < wJnO~ qq d y?�000 ~ O C N mx W� f Y C ~ d w z 0 zmo ��Fmr3�w_ W =v LLOQgc`� c LS S3zmo i V) Ng W m aNwz�=� Ey° doom (n paa..=mmv c qz Vl� oQz Wm Vi w,.Ax_ �Q��Qyy rc W g mrW w W J A WNwj�^i Z Y' iii uwi 5 Z 3: mis r'om / a. ,~n e o 0 O a a ^ 1(y—� U (6g-66 a H 3 .tb,Z2.00 N 03l'1V�) m �^ Q } Ix 3 .t£,£7.00 N 0 3 69'69 4o m p Z � O N "OM �aw69 azbO"- 2 FS 9 V .. I Na W jig 0 I I r 7mw m= I izM p Z 1 I IL o I I z c ¢ I I z N }� V)I I < W w w,g W� a. 2~ v~i�¢ F I I� wW }f. ♦ w.� HNn< 3Q��o <a mjW�� Z�s I 13 SOA 03 =(LL«8w ?W I I„ IWryd N oZwo= Wm �omN�. I In `_ LL�Y i� l I� a000m� �16 z o�Z�j W 8 w(nwa 0-<,n Q ui F I I X: a. I I w m Z ir m 1 a -�y 3 LMt M Z0,9L00 N 8L'6ti GGS (as-eri m .OD[L00 N aanv�) M .ZO.9LW N oN W 3 .ZS,eZAO N 4377YJ) o a aWr Z�� KW 'S YOjO� N fS fig,^' RE, Z w° OR O K �do F mM:5,a �KLLLLr^ w waie o O LLJ�Y �ZwZ� V SH d E Yv `y ly O<2 O oW<�yd' = w F<9 i IX z v g4 `<& //8 4U� WNw y0 Ln 9 vi mF ZS I�iTT U)o \\VTT 3� o L RICH WITH OPPORTUNITY [IEAUMON* T • E • X • A • S City Council Agenda Item 0 111 City Council FROM: Kyle Hayes, City Manager P•O- PREPARED BY: Patrick Donart, Public Works Director MEETING DATE: October 30, 2012 REQUESTED ACTION: Council consider a resolution authorizing the acceptance of a ten foot (10') wide Sanitary Sewer Easement. BACKGROUND HEB Grocery Company, LP has agreed to convey a ten foot (10') wide exclusive Sanitary Sewer Easement to the City of Beaumont. The easement is described as being across a 0.3530 acre tract out of the David Brown Survey, Abstract 5 located in the abandoned Stagg Drive ROW described in Ordinance No. 12-064. The sanitary sewer easement is for the development of a new grocery store. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of resolution. STATE OF TEXAS § COUNTY OF JEFFERSON § KNOW ALL MEN BY THESE PRESENTS: SANITARY SEWER EASEMENT THAT, HEB GROCERY COMPANY, LP, a Texas limited partnership, of the County of Bexar, State of Texas, hereinafter called "GRANTOR", w h e t h e r o n e o r m o r e , for and in consideration of the sum of ONE AND N 0/ 100 DOLLAR ($1.00), and other good and valuable consideration in hand paid to 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. 0. Box 3827, Beaumont, Texas 77704, Jefferson County, Texas, its successors and assigns, a perpetual, non-exclusive, sanitary sewer easement (the "Easement") to construct, alter, and maintain sanitary sewer lines and related appurtenances on the hereinafter described lands which said easement is under, over, in and across that certain tract or parcel 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 Area") The Easement herein granted shall be used for the purpose of placing, constructing, operating, repairing, rebuilding, replacing, relocating, removing sanitary sewer lines and related appurtenances in the Easement Area, and, it is expressly understood and agreed that the City of Beaumont shall have the right of reasonable ingress to and egress from the Easement 1 062007.00754 #164158 Area and use of the same for the purposes aforesaid; provided, however that Grantee use of the Easement and the rights appurtenant thereto shall in no event unreasonably interfere with or hinder the business operations on the Grantor's adjacent property and/or Grantor's ingress and egress thereto. Grantor reserves the right to continue to use and enjoy the surface of the Easement Area for all purposes that do not interfere with or interrupt the use or enjoyment of the Easement by Grantee for the purposes provided herein, including but not limited to the right to place surfacing materials over and across the Easement Area and to use the same for parking areas, driveways, walkways or sidewalks, landscaping and/or lighting; provided, however, no permanent buildings may be placed on the Easement Area. Notwithstanding the foregoing, Grantee shall not be responsible for the repair and replacement of any improvements placed by Grantor within the Easement Area and the same shall be repaired and maintained by Grantor, at Grantor's sole cost and expense. The conveyance of the Easement granted herein is made by Grantor and accepted by Grantee subject to any and all existing easements, covenants, rights-of-way, conditions, restrictions, outstanding mineral interests and royalty interests, if any, in the Easement Area of record in the office of the County Clerk of the County of Jefferson (collectively, the "Permitted Exceptions"). This Easement may be amended or terminated only by the written consent of the parties hereto, or their respective successors and assigns. 2 062007.00754 #164158 TO HAVE AND TO HOLD the above described easement and right-of-way unto the said CITY OF BEAUMONT, its successors and assigns forever, by, through, or under Grantor, but not otherwise, subject to the Permitted Exceptions. [Signature Page Follows] 062007.00754 #164158 EXECUTED this day of , 2012. GRANTOR: HEB Grocery Company, LP, a Texas limited partnership Printed Name: Todd A. Piland Title: Executive Vice President ACKNOWLEDGEMENT STATE OF TEXAS § COUNTY OF BEXAR § BEFORE ME, the undersigned authority, on this day personally appeared Todd A. Piland, the Executive Vice President of HEB Grocery Company, LP, a Texas limited partnership, known to me to be the person and officer whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same as the act of such limited partnership for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of , 2012. Notary Public, State of Texas RETURN TO: City of Beaumont Antoinette Hardy — Engineering P.O. Box 3827 Beaumont, TX 77704 4 062007.007549164158 EXHIBIT A (See Attached) 062007.00754 #164158 RESOLUTION NO. WHEREAS, HEB Grocery Company, LP has agreed to convey a ten (10) foot wide sanitary sewer easement, said easement being across a 0.3530 acre tract out of the David Brown Survey, Abstract 5 located in the abandoned Stagg Drive right-of-way, as described in Exhibit "A" and shown on Exhibit "B," attached hereto, to the City of Beaumont for the purpose of placing, constructing, operating, repairing, rebuilding, relocating and/or removing sewer lines and appurtenances to facilitate the development of a new grocery store; and, WHEREAS, the City Council has considered the purpose of said conveyance and is of the opinion that the acceptance of said conveyance is necessary and desirable and that same should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT the easement conveyed by HEB Grocery Company, LP, as described in Exhibit "A" and shown on Exhibit "B," 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 30th day of October, 2012. - Mayor Becky Ames - Consulting Engineers and Land Surveyors Ronald D. Finz, P.E., R.P.L.S. (1948-1987) Donald R- King, P.E. Terry G. Shipman, P.E., Chairman Walter J. Ksiazek, R.P.L.S. Billy J. Smith, Jr., President CENTERLINE DESCRIPTION FOR A 10' WIDE EXCLUSIVE SANITARY SEWER EASEMENT OUT OF THE DAVID BROWN SURVEY, ABSTRACT 5 JEFFERSON COUNTY, TEXAS SEPTEMBER 18, 2012 REVISED: SEPTEMBER 25, 2012 That certain centerline for a 10' wide exclusive sanitary sewer easement out of the David Brown Survey, Abstract 5, Jefferson County, Texas, and being across a 0.3530 acre tract for the abandonment of a portion of Stagg Drive described in Ordinance No. 12-064 as recorded in Clerks File No. 2012029748 of the Official Public Records of Jefferson County, Texas, said centerline being more particularly described by the courses and distances as follows: NOTE: Basis of Bearings is the south line of a called 16.9617 acre tract conveyed in a Deed of Trust between Baptist Hospital of Southeast Texas and The Bank of New York, William J. Barber, Trustee as recorded in Clerks File No. 2001029306 of the Official Public Records of Jefferson County, Texas having been called South 89°58'00" West. OOMMENCING at a capped iron rod found in the south right-of-way line of Stagg Drive for the southeast comer of the said 0.3530 acre tract from which a capped iron rod found at the intersection of the east right-of-way line of 11"' Street and the south right-of-way line of Stagg Drive for the northwest comer of the said 16.9617 acre tract bears North 89"58'49" West 546.61 feet (called North 89°59'39" West); THENCE North 00°23'31" East along the east line of the said 0.3530 acre tract a distance of 29.10 feet (called North 00"22'41" East) to a point for the POINT OF BEGINNING of the said centerline of the 10' wide exclusive sanitary sewer easement; , THENCE North 89°59'31" West along the said centerline a distance of 256.89 feet to a point in the west line of the said 0.3530 acre tract for the POINT OF TERMINATION of the said centerline of the 10' wide exclusive sanitary sewer easement from which a PK nail found in concrete for the southeast comer of a called 0.477 acre tract conveyed to Carey R. Fracht and wife, Patricia L. Fracht as recorded in Film Code 103-21-2215 of the Real Property Records of Jefferson County, Texas and the northwest corner of the said 0.3530 acre tract, bears North 00'26'02" West 30.77 feet (called North 00°26'52" West). ThJais, description isbwd on a survey made by Fittz & Wafter.f. Ksiazbk Registered Professiorrdl Land Surveyor No. 5321 Fittz g Shipman, Inc. Page 1 of 1 Project No. 10050T$SanSeweresmt Plat & Description 2012. 1405 Cornerstone Court • Beaumont, Texas 77706 . (409) 832-7238 • fax (409) 832-7303 Tx Board of Prof Engineers Firm No. 1160 • Tx Board of Prof Land Surveyors Firm No. 100186 EXHIBIT "A" .8„ 1181HX3 wti w W w p NQ Z W �Na I��jyy -O'I N-- ! aNa N N mFX3 mto rawWWoo �� ,,,v z ,n m N <m W N x00<$ u 3$ �' a W m 0 d w 0Nw z�2� co m "` p Q 0 I-- CC � z i/] Y W d fid. QmVO1 WLa JK \WO 01w �'' ��i�.11 } K W ra w< g o aW 3 z 0 N0m z� N < ^W W a 'N (n CL 0 Ido m I � O Q (69'66 G N N N <},. 3 ,L4.ZZ.00 N 0311tl0) w p_. (aJ 3 ,t£,£Z.00 N ;Eo Q V H F 68'65 o m N 0 0 0 0L'6Z mw �O� W c�W} I I z F F- US m¢Q mag z3�2 i I �zgS �� D =(nm N 0mIm I I �a i �V� WW U W 3 W mwrn`uQi i o LA x 0:3W W W V azo I I mz WS ac)i'S I I < _= O w a I I a � c� � o N I I V)LS NI n < LS Q r N rW �''w<z rnl I z w we w .� wN�CL • o7dw Co w$mrc w ��tna^ m� F�QO�on U) U) �I I �•� Q 70� x QQ N n n O o mlx—:-g ZWjW 3I I `$^obi m�=-} n`� 4 W YQW 0: KWto 0 Z m I I5UN ZmO0 yJq 2�xw0zo Om Uwx W m�<m<i Q i < N�S wpV Z -i N WIn W_j 2 WN WJ 2 •• 002J I I 10 02FJ.� xr�w n t6 �"� 0. Z �n r a�� ¢ r i<x9Z m * _ is I I�mNm p.��eE. wo I� j�w m� iti`1 •Y Tyo � o j�• N I IZZ" �:o fu a�w�o I IUW" S rb16 JS q.0 e�` L£'94t M ZO.97.00 N 9L'64 N N (09'94L M .00.4L00 N 0371tl0) M .ZO,9Z.00 N m N w m 3 .Z6,9Z.00 N 03'IlVO) Z a w o aYzW WyU 8 JW ZaU W 7 VI c �2� U P h d Z{{Y,!Z o N WMO Y>K O W Wa�pp W K� 2 O U pri Y�O Q W a C1n < 0 } pLLN � m Jr UrcW Q4z rZN,7{ Nps W V a <m icW.�cpi ccoSs O mga p i wNn 2200 4 waw J o n �zsa ozzwy € Y o Ow3 J f a Zo TZowa O}Z(JO W Ci1J < N 0: YUp O O W Q J Y w O Q ♦Y U OOV 2 W 2wac <� O U �d VI Q� O Z C.J n.0 U<z v W<2 O'YVIQ Ind j U K 0 W¢ UI U Y W H l.. jW W KW W j w 'o ISMS H,Lii W ��o � 3w 4 CL RICH WITH OPPORTUNITY BEAUMON*Ci Council AQenda Item T E S . A S t b TO: City Council FROM: Kyle Hayes, City Manager po PREPARED BY: Patrick Donart, Public Works Director MEETING DATE: October 30, 2012 REQUESTED ACTION: Council consider a resolution authorizing the acceptance of a ten foot (10') wide General Utility Easement. BACKGROUND HEB Grocery Company, LP has agreed to convey a ten foot (10') wide General Utility Easement to the City of Beaumont. The easement is described as a 0.0601 acre tract out of the David Brown Survey, Abstract 5 located across abandoned portion of Stagg Drive ROW described in Ordinance No. 12-064. The general utility easement is for the development of a new grocery store. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of resolution. STATE OF TEXAS § COUNTY OF JEFFERSON § KNOW ALL MEN BY THESE PRESENTS: GENERAL UTILITY EASEMENT THAT, HEB GROCERY COMPANY, LP, a Texas limited partnership, of the County of Bexar, State of Texas, hereinafter called "GRANTOR", whether one or more, for and in consideration of the sum of TEN AND NO/100 DOLLARS ($10.00), and other good and valuable consideration in hand paid to the CITY OF BEAUMONT, a municipal corporation domiciled in Jefferson County, Texas, hereinafter called "GRANTEE", the receipt and sufficiency of which consideration is hereby acknowledged, have GRANTED, SOLD and CONVEYED, and by these presents do GRANT, SELL and CONVEY unto the CITY OF BEAUMONT, P. O. Box 3827, Beaumont, Texas 77704, Jefferson County, Texas, its successors and assigns, a perpetual, non-exclusive, general utility easement (the "Easement") to construct, alter, and maintain general utility lines and related improvements and related appurtenances on the hereinafter described lands which said Easement is under, over in and across that certain tract or parcel of land owned by GRANTOR situated in the City of Beaumont, Jefferson County, Texas, and being more particularly described in Exhibit "A", attached and made a part hereof for all purposes (the "Easement Area"). The Easement herein granted shall be used for the purpose of placing, constructing, operating, repairing, rebuilding, replacing, relocating, and removing general utilities and related appurtenances in the Easement Area, and, it is expressly understood and agreed that the City of Beaumont -shall have the right of reasonable ingress to and egress from the Easement Area and use of the same for the purposes aforesaid; provided, however that Grantee use of the 1 062007,00754 #164159 Easement and the rights appurtenant thereto shall in no event unreasonably interfere with or hinder the business operations on the Grantor's adjacent property and/or Grantor's ingress and egress thereto. Grantor reserves the right to continue to use and enjoy the surface of the Easement Area for all purposes that do not interfere with or interrupt the use or enjoyment of the Easement by Grantee for the purposes provided herein, including but not limited to the right to place surfacing materials over and across the Easement Area and to use the same for parking areas, driveways, walkways or sidewalks, landscaping and/or lighting; provided, however, no permanent buildings may be placed on the Easement Area. Notwithstanding the foregoing, Grantee shall not be responsible for the repair and replacement of any improvements placed by Grantor within the Easement Area and the same shall be repaired and maintained by Grantor, at Grantor's sole cost and expense. The conveyance of the Easement granted herein is made by Grantor and accepted by Grantee subject to any and all existing easements, covenants, rights-of-way, conditions, restrictions, outstanding mineral interests and royalty interests, if any, in the Easement Area of record in the office of the County Clerk of the County of Jefferson (collectively, the "Permitted Exceptions"). This Easement may be amended or terminated only by the written consent of the parries hereto, or their respective successors and assigns. 2 062007.00754 #164159 TO HAVE AND TO HOLD the above described easement and right-of-way unto the said CITY OF BEAUMONT, its successors and assigns forever, by, through, or under Grantor, but not otherwise, subject to the Permitted Exceptions. [Signature Page Follows] 062007.00754 #164154 EXECUTED this day of )2012. GRANTOR: HEB Grocery Company, LP, a Texas limited partnership By: _ Name: Title: Todd A. Piland Executive Vice President ACKNOWLEDGEMENT STATE OF TEXAS COUNTY OF BEXAR BEFORE ME, the undersigned authority, on this day personally appeared Todd A. Piland, the Executive Vice President of HEB Grocery Company, LP, a Texas limited partnership, known to me to be the person and officer whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same as the act of such limited partnership for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of , 2012. RETURN TO: City of Beaumont P.O. Box 3827 Beaumont, TX 77704 880-3728 4 062007.00754 #164159 Notary Public, State of Texas EXHIBIT A (See attached) 062007.00754 4164159 RESOLUTION NO. WHEREAS, HEB Grocery Company, LP has agreed to convey a ten (10) foot wide general utility easement, said easement being a 0.0601 acre tract out of the David Brown Survey, Abstract 5 located across the abandoned portion of Stagg Drive right-of-way, as described in Exhibit "A" and shown on Exhibit "B," attached hereto, to the City of Beaumont for the purpose of placing, constructing, operating, repairing, rebuilding, relocating and/or removing utilities and appurtenances to facilitate the development of a new grocery store; and, WHEREAS, the City Council has considered the purpose of said conveyance and is of the opinion that the acceptance of said conveyance is necessary and desirable and that same should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT the easement conveyed by HEB Grocery Company, LP, as described in Exhibit "A" and shown on Exhibit "B," 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 30th day of October, 2012. - Mayor Becky Ames - Fittz&Shipman INC. Consulting Engineers and Land Surveyors Ronald D. Fttz, P.E., R.P.L.S. (1948-19B7) Donald R. 1Gn$ P.E. Terry C. Shipman, P.E., Chairman Walterl. Ksazek, R.P.LS. Billy J. Smith, Jr., President FIELD NOTE DESCRIPTION OF A 0.060I ACRE TRACT FORA 10' WIDE GENERAL UTILITY EASEMENT OUT OF THE DAVID BROWN SURVEY, ABSTRACT 5 JEFFERSON COUNTY, TEXAS SEPTEMBER 18, 2012 That certain 0.0601 acre tract out of the David Brown Survey, Abstract 5, Jefferson County, Texas, and being across a portion of a called 10.2334 acre tract conveyed in a Deed of Trust between Baptist Hospital of Southeast Texas and The Bank of New York, William J. Barber, Trustee as recorded in Clerks File No. 2001029306 of the Official Public Records of Jefferson County, Texas and a 0.3530 acre tract for the abandonment of a portion of Stagg Drove described in Ordinance No. 12-064 as recorded in Clerks File No. 2012029748 of the Official Public Records of Jefferson County, Texas, said 0.0601 acres being more particularly described by metes and bounds as follows: NOTE: Basis of Bearings is the south line of a called 16.9617 acre tract conveyed in the said Clerks File No. 2001029306 having been called South 89°58'00" West. COMMENCING at a capped iron rod found in the south right-of-way line of Stagg Drive for the southeast comer of the said 0.3530 acre tract from which a capped.iron rod found at the intersection of the east right-of-way line of 11th Street and the south right-of-way line of Stagg Drive for the northwest comer of the said 16.9617 acre tract bears North 89"58'49" West 546.61 feet (called North 89"59'39" West); THENCE North 00°23'31' East along the east line of the said 0.3530 acre tract a distance of 53.88 feet (called North 00°22'41" East) to a point for the southeast comer of the said 0.0601 acre tract and the POINT OF BEGINNING; THENCE North 89°59'31" West along the south line of the said 0.0601 acre tract a distance of 257.24 feet to a point in the west fine of the said 0.3530 acre tract for the southwest comer of the said 0.0601 acre tract; THENCE North 00°26'02" West along the west line of the said 0.3530 and 0.0601 acre tracts, passing at a distance of 5.99 feet a PK nail found in concrete for the southeast comer of a called 0.477 acre tract conveyed to Carey R. Fracht and wife, Patricia L. Fracht as recorded in Ftttt B Shipman, Inc. Page 1 of 2 Project No. 1005MUtilityesmt Plat & Description 1405 Cornerstone Court • Beaumont, Texas 77706 • (409) 832-7238 • fax (409) 832-7303 Tx Board of Prof Engineers Firm No. 1160 • Tx Board of Prof Land Surveyors Firm No. 100186 EXHIBIT "A" Film Code 103-21-2215 of the Real Property Records of Jefferson County, Texas, the southwest comer of the said 10.2334 acre tract and the northwest comer of the said 0.3530 acre tract, and continuing a total distance of 10.00 feet (called North 00°26'52" West and North 00°17'00" West) to a point for the northwest comer of the said 0.0601 acre tract; THENCE South 89°59'31' East along the north line of the said 0.0601 acre tract a distance of 265.70 feet to a point for the northeast corner of the said 0.0601 acre tract; THENCE South 54'38'39' East along a northeasterly line of the said 0.0601 acre tract a distance of 6.89 feet to a point in the north right-of-way line of Stagg Drive and the south line of the said 10.2334 acre tract for the most easterly point of the said 0.0601 acre tract; THENCE North 89°59'48' West along the said north right-of-way line of Stagg Drive, the said south line of the 10.2334 acre tract and an interior line of the said 0.0601 acre tract a distance of 13.96 feet to acapped iron rod set for the northeast corner of the said 0.3530 acre tract and an interior comer of the said 0.0601 acre tract; THENCE South 00°23'31" West along the east line of the said 0.3530 acre tract and the east line of the said 0.0601 acre tract a distance of 6.01 feet (called South 00°22'41' West) to the POINT OF BEGINNING and containing 0.0601 acres of land, more or less. This description is based on a survey made by Fitz & Shipman, Inc. during September 2012. Wafter J. Ksiazek Registered Professions and Survey No. 5321 Fitts g Shipman, Inc. Page 2 of 2 Project No. 10050T8Ublityesmt Plat & Description ,B,, 1181HX3 0 ad m I H N Z yc~i " Y < N< wt..Z Y~d+ (s71^ z� W i Lam! Wsm a ~ �1�l1 Vl d O1 d W J63 <xN � 3< d e CD N�i-2m o'Y n A<U C-13 (� OOF-timg77< N' (AO6z, Z I LLI rn pF�ai� W 00-Z) mM Cl= 0<< (n'' (n g "mN �Ya Fdg W c wCLCa W ? Z iii rn n fL 0 F O o" 2 V (sees (L �- 3 ,L4,ZZA0 N 03TItlO) m '3 3,W. W N g J 68'65 16 Q p � 89T5 m W 02 81 I z g� 8 z� $� X:Enm I I $Cn M- - a � I I 3w33 m o I I OR mma zI 1 z 02(nz U) rn I I N L4313, o x _ x �rc I[il IN a ZFw-aW a V}Of m L'iY�W WNWNd< m.. N ,� m=Oros WI 13 NgB=?�Id� ¢ 1-~3mad 6d�,o m=..v �Y7. W 0 � Z i O m d� �j n O CO m CO I 1 a z m }mac` I I � o �k �iQ�4 �i S 4•� � a I I z I I 6-1 W L£'84t M .i0,9Z.00 N � 8L'66 ti (osBr� M ,OO,LL00 N O3T7YJ) M �ZO,93M N (M XS.9LOO N 03TW) o m o a % �z w �U 4. U N yFy�, LL 21��1z& d W Wp�W Y1'S 2 O $ N n< <O Y 1 wm vi 7 2 no w�W (� bra Jug 4 d E W SF= �` w ZO 8 oyQvo �� < x w La „ W as U F<� ZV S Win- o�� J�2LIS H�Lii �� 11 RICH WITH OPPORTUNITY BEA,UM"10N* T - E - X - A• S TO: FROM: PREPARED BY: MEETING DATE: City Council Agenda Item City Council Kyle Hayes, City Manager Charles W. Jeffcoat, Assistant Chief of Police Z— October 30, 2012 REQUESTED ACTION: Council consider a resolution approving the City Manager to execute all documents necessary, specifically including a Memorandum of Understanding between the Beaumont Police Department and Department of Public Safety. It[e_C{e "11I00-11 The Motor Carrier Safety Assistance Program is an ongoing effort of the Department of Public Safety and qualifying local law enforcement agencies, of which the Beaumont Police Department is one. The goal of the program is to reduce commercial motor vehicle crashes, fatalities, and injuries through consistent, uniform, and effective commercial motor vehicle safety programs. An important part of this program is the inspection of commercial motor vehicles. The goal of these inspections is to identify and correct dangerous conditions to prevent injury and loss of life. FUNDING SOURCE DOT fund. RECOMMENDATION Approval of resolution. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to enter into a Memorandum of Understanding with the Texas Department of Public Safety for participation in the Motor Carrier Safety Assistance Program. The 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 30th day of October, 2012. - Mayor Becky Ames - MEM&ADUNf OF UNDERSTANDING Between THE TEXAS DEPARTMENT OF PUBLIC SAFETY (The "Department' -and- BEAUMONT POLICE DEPARTMENT (The "Municipality") General Agreement The goal of the Motor Carrier Safety Assistance Program is to reduce CMV -involved crashes,. fatalities, and injuries. through consistent, uniform, and effective CMV safety programs. Effective safety programs increase the likelihood that safety defects, driver deficiencies, and unsafe motor carrier practices are detected and corrected before they become contributing factors to crashes. In order to maximize the effective utilization of commercial motor vehicle, driver,, and cargo inspection resources; to avoid duplicabpn of effort and to expand the number of inspections performed to advance uniformity gf'ift! qop;° and to minimize delays in schedules incurred by industry inherent to this type of eh Nement activity, the undersigned parties enter into. this Memorandum of Understanding (MOU). In recognition of the many agencies - federal, state, county, and municipality — engaged in the inspection Of commercial motor vehicles, their drivers, and cargo within the State of Texas; and the need for a basic delineation of routine responsibility, it is agreed: 1. The Department of Public Safety will Inspect vehicles operating over public highways and at carrier terminal facilities. 2. Other allied agencies will, as a routine practice, confine inspection activities to vehicles operating over public highways and city streets in their jurisdiction with the exception of municipal police officers certified under Texas Transportation Code, Section 644.101; such municipal officers may conduct vehicle inspections at carrier terminal facilities. Signatories to this MOU agree that it. is very important to ensure the timeliness and accuracy of information recorded about both interstate and intrastate motor carriers in their respective carrier profiles. To this end, ttre Federal Motor Carrier Safety Administration has imposed timeliness and accuracy standards on the Department regarding information about motor carriers. The Department, in turn, has established timeliness : curacy standards for itself and for counties and municipalities engaged in the inspectfot r: �SM` ercial motor vehicles. Signatories to this MOU agree that their authorized inspection representatives (Program Coordinators) will implement procedures in accord with minimum standards contained herein. In order to advance uniformity in the inspection of commercial motor vehicles and their operators, parties to this MOU agree to adopt the CVSA's North American Standard Roadside Inspection Procedures and North American Standard Out -of -Service Criteria as adopted by the Department of Public Safety under Chapter 644, Texas Transportation Code (the "Transportation Code" at http://www.statutes.legis.state.tx.uso; Tide 37, Texas Administrative Code ("TAC" at http://www.sos.state.tx.us/tagLindex.shtml), Chapter 4, Subchapter B; Chapter 16, Subchapter A; 01 Current MOU - January 2012 MOU with Beaumont Police DeparWm*, Traffic DNiston Page 1 of 6 P:\MCCA\MOUs\Master CorreWWence\01 Current M0U - January 2012.doc EXHIBIT "A" and Chapter 21 and any amendments thereto, and the most current version of the Commercial Vehicle Enforcement Guidance Documents. provided by the Department. CommercigVehick Soft Alliance (CV eOf Inspecdon Level I North American Standard Level II Walkaround Inspection Level III Driver Only Inspection Level IV Special Inspection Level V Vehicle -Only Inspection (Terminal) In order to better implement and maintain the standards and agreements contained in this MOU, the Department agrees to: 1. Train, retrain (as necessary or desirable), test, and certify the inspectors of the political subdivision as per the agreement between the Department of Public Safety and the CVSA. 2. Approve inspection forms for all inspections conducted in conformance with this agreement. 3. Approve vehicle and driver out -of: service stickers. 4. Supply CVSA decals on a cost recovery basis to municipalities and counties. 5. Supply software necessar*I O data entry of all Inspection information, on a cost recovery basis to municipaO4id66nties. 6. Upon request, the municipalities and counties may be supplied. with inspection data. 7. Forward challenges of data in inspections or crash reports to the municipalities and counties for their investigation. The Department may conduct random in-person observation of Inspections conducted by the Municipality in order to ensure that the Municipalitys inspectors maintain practical proficiency in the program. VIM 7-177 1 I_Ltl The Municipality will enroll officers who have not met the minimum certification requirements for enforcement of Chapter 644 of the Code in training programs required by 37 TAC §4.13(b) necessary for certification prior to using these officers for commercial vehicle enforcement. The Municipality will reimburse the Department for costs associated with any training provided by the Department under 37 TAC §4.13(b)(5). The Municipality will require all defects disclosed during the inspection process to be corrected. The Municipality will adopt • t.mmended Out -of -Service and other defect repair t �. verification. procedures as developed ! } # The Municipality agrees to honor the CVSA inspection decals affixed to those vehicles by all authorised agencies. It further agrees that CVSA decals shall be affixed to vehicles which pass the Level I or V CVSA inspection with no disqualifying violations under the North American Standard Roadside Inspection Procedures and North American Standard Out -of -Service Criteria. The 'Municipality will implement a program to ensure its officers perform the required inspections annually as specified in 37 TAC §4.13(c), and successfully complete the required annual MOU with Beaumont Police Departrnent, Traffic Wslon Page 2 of 6 P:\MCCA\MOUs\MasWx Correspondenae\01 Current MW - January 2012.doc certification training to maintain their certification. To further program goals and achieve the highest quality in inspections, the Municipality will ensure that its officers conduct more than the minimum number of inspections required to maintain certification and that inspections are evenly distributed throughout the year to maintain enforcement continuity. The Municipality will immediately suspend from performing -CVSA enforcement and inspections any officer who fails to maintain his certification or who fails to perform the required inspections following CVSA's North American Standard Uniform Inspection Procedures and North American Standard Out -of -Service Criteria guidelines..: The Municipality will send a::f �' 've to the annual MCSAP meeting held by the Department to ensure familiarity with ` a i to policies and procedures. If the Municipality wishes to continue commercial vehicle enforcement beyond the date specified in the Termination of Certification section of this MOU, the Municipality will mail or FAX a renewal request not more than sixty days nor less than thirty days prior to the expiration of this MOU. The Municipality further agrees to the following conditions: 1. Inspections will only be conducted by the CVSA certified inspectors. 2. When performing inspections as described herein, said inspections shall be documented on the most recent version of forms and software approved by the Department and conducted following the guidelines approved by the Department. Forms and software will not be altered without Department approval. 3. The Municipality will ensure that CVSA certified inspectors have adequate tools and resources to conduct queries into motor carrier registration and operating authority while conducting. roadside inspections: 4. CVSA_eertified inspectors will document all violations found during a CVSA inspection on the CVE-3 inspection report, includ'ng vfo ations of local ordinances. 5. Inspection data will be fo ectronically to the Department within ten (10). days followingthe date of ins .rocessin and final compliance using the most recent Peon 9 pl� n9 version of reporting software; paper copies will be mailed to the Department immediately thereafter. 6. Any time an officer's certification status changes (is certified, suspended, or decertified for different types of inspections; or transferred out of the CVSA inspection program), the Municipality will notify dw-Department in writing wi -10 days. A cumulative list of the officers whose status has changed will be sent to the Department. by January 31st of each year. 7. Crash reports involving commercial motor vehicles will be forwarded to the Texas Department of Transportation no later than ten (10) days after the date of the crash investigation. 8. Allow the Department to conduct random in-person observation of inspections conducted by the Municipality in order -to ensure that the Municipality" s inspectors maintain practical proficiency in the program. 9. The Municipality will maintain the official copy of all reports of inspections conducted by its CVSA certified inspectors for the current calendar year, and two additional years. The official copy may be in paper or retrievable electronic form, and it must bear the signature of the commercial motor veh' r r; involved In the inspection. A copy must be provided to the Department upon ti it's request. a: MOU *M ONUMM PWoe DqW nwt, 7rd fix Wslon Page 3 of 6 P:\M CCA\MOUskMaster Correspondence\01 Qirtent MOU - January 2012.doc. 10. When data in an inspection or crash report is challenged,. the Municipality will. investigate and determine whether a correction to the data needs to be made. The Municipality will notify the motor carrier and the Department in writing of the results of the investigation within 10 days. If a correction is necessary, the Municipality will make the correction and forward the corrected reports to the Department immediately. 11.The Municipality will not use its certification to enforce federal safety regulations as a primary method to generate program revenue through enforcement penalties or to enhance criminal interdiction activities. 12.The Municipality will not allow officers certified to enforce federal safety regulations to participate in secondary employment activities that present a conflict of interest related to their commercial vehicle enforcement duties. Upon amendment of 37 TAC Chapter 4, Subchapter B, the Department will, if necessary, amend this MOU within a reasonableric4.. of time. The date of any amendment under this paragraph will not affect the renewal:,: �,.. ''bed in the next section. Teirmin i> 4on of Certification * * UISLESS REMMO, THIS MOU WILL EXPIRE ON SEM NEER 1, 2014 To prevent a loss of authority to conduct CVSA inspections, please mail or FAX your renewal request to the Department no more than sixty or less than thirty days prior to the expiration of this MOU. If the renewal has not been executed by both parties before the MOU expiration date, certified officers must cease performing all CVSA inspections.. until the renewal. has been fully executed. Termination of certification, whether by decertification, request of the Municipality, or by failure to renew, will result in the inability of the Municipality, to retain expenses for any enforcement actions taken after the effective date of the termination of certification. All reporting requirements, including the list of officers suspended and no longer certified which is normally due by January 31st of each year, Inspection data, reports and Crash reports must be provided to the Department immediately upon discontinuation in the certification program. The Municipality may discontinue certification at any time by notifying the Program Coordinator for the Department in writing.;,' The CVSA. and I+ede til Motu. •. v_ afety Administration require -officers to complete a . minimum number of inspections annus' •yin order for officers to renew their certifications. The purpose of this requirement is to ensure officers achieve and maintain practical proficiency in inspecting commercial motor vehicles. Therefore, the Department will decertify the Municipality for failure to report any inspections to this Department within a six (6) month period or for failure to evenly space the required number of inspection throughout the year. The Department may decertify the Municipality, or individual officers conducting inspections for the Municipality, for failure to demonstrate practical proficiency in the program during random in- person observations by the Department, or by audits of inspections submitted. The Department may decertify the Municipality for using the certification as a primary method of generating program revenue or enhancing criminal interdiction activities. The Department may decertify the Municipality for allowing its officers to engage in secondary employment activities that present a conflict of interest with their commercial vehicle enforcement duties. MW Wltlt Beaumont Police DePaty N*, Traft Wslon Page 4 of 6 P:\MCCA\MOUs\MasW Correwwdence\01 Curtefd MOU,- 7ahuary 201.2doc -k 3 " The Department may decertify the Municipality for failure to comply with the provisions of the. MOb, training, officer certification, or d.. '-sh 'ding requirements, including the requirement that the Municipality reimburse the wining expenses and the requirement that the Municipality forward information and res bnd.to requests In a timely manner, or any other provisions of 37 TAC §§ 4.13-4.14. Any Termination of Certification terminates the Municipality's authority to enforce federal safety regulations under Chapter 644 of the Code, and the Munidpality's eligibility for reimbursement of expenses from penalties assessed. The Department will notify the program coordinator for the Municipality and the Texas Comptroller of Public Accounts in writing of any Termination of Certification. The Department may issue a warning to the Municipality if the Municipality fails to conduct any inspections within a three (3) month period. The Department may also issue a warning if the Municipality fails to comply with MOU requirements in such a way that the Department deems the quality and/or timeliness of inspection data could be compromised, or certified officers would fail to maintain practical proficiency in the program. Failure to correct the compliance issues within three. (3) months, or such other period as the Department ' may specify, can result in termination of the MOU and decertification of the Municipality. MOU with Beaumont PoSm Departrnent, Trd k Wslon Page 5 of 6 P:\MCCA\MOUAMaster Camespondenoe\01 CwTent MOU - January 2012.dot The program coordinators for this agreement shall be responsible for all communications and contacts required to manage this agreement. The parties -agree to provide any updates regarding contact information within 30 days. The current program coordinators for this agreement are: Municipality: Beaumont Police Department Traffic Division Lieutenant Derrick Fowler Program Coordinator 700 Orleans Beaumont TX 77701 Address (409) 980-7271 voice Phone Number Fax Number dfowler@cl.beaumont.tx.us & = cford@ci.beaumont.tx.us E -mall Address Evidence.of Acceptance by parties: Signature of Authorized Q iclal BEAUMONT POLICE DEPARTMENT TRAFFIC DIVISION Political SubdtMon Name Tibet: Date MOU with aeaurnont Pobw Dept/ neat, Traft DWIdon Page 6 of 6 P -\MC A\MOusV4aster Correspondence\ol Current MOU - January 2017-doc Department: DEPARTMENT OF PUBLIC SAFETY Texas Highway Patrol Motor Carrier Bureau Captain Omar Villarreal Manager Program CoordnaW MCB,. P.O. Box 4087 Austin Texas 78773-0522 Address (512) 424-2053 Voice Phone Number (512) 424-5712 Fax Number omar,villarreal@txdps.state.tx.us E-mail Address Signature of Authorized Official TEXAS DEPARTMENT OF PUBLIC SAFETY State Agency STEVEN C. McCRAW, COLONEL Name DIRECTOR Title �6J RICH WITH OPPORTUNITY BEAUMON* T • B • % • A • S TO: City Council Agenda Item City Council FROM: Kyle Hayes, City Manager PREPARED BY: Patrick Donart, Public Works Director ki( MEETING DATE: October 30, 2012 REQUESTED ACTTON: Council consider a resolution authorizing the acquisition of property located at 125 Magnolia from TARM Properties in the amount of $115,000. BACKGROUND The property located at 125 Magnolia includes a 35,230 sq. ft. abandoned warehouse. The property, located in the vicinity of the Great Lawn, Event Centre and Skate Plaza, is available for purchase. The owner of the property listed below, has agreed to convey his property to the City: 1.125 acre tract of land, situated in the Noah Tevis League, Abstract No. 52 (125 Magnolia) Value: $115,000 Owner: TARM Properties (Ralph Thomas Adams) BUDGETARY H"ACT Funds are available in the Capital Reserve. RESOLUTION NO. WHEREAS, an agreement has been negotiated for the acquisition of property described below and in Exhibit "A" and shown on Exhibit "B," attached hereto: Description: 1.125 acre tract of land, situated in the Noah Tevis League, Abstract No. 52 Address: 125 Magnolia Avenue Owner: TARM Properties (Ralph Thomas Adams) Appraised Value: $115,000.00 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 purchase of the above described property be, and the same is, hereby approved. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 30th day of October, 2012. - Mayor Becky Ames - ECHW-4 % T "Recognizing the landmarks of the past.....setting our foresight towards the future" LAND SURVEYORS, INC. Richard L. Worthey, RPLS EXHIBIT "A" J.L. Sims, Jr., RPLS May 19, 2011 Surveyor's Field Note Description: PARCEL H BEING a 1.125 acre tract of land being out of and a part of that certain TARM Properties, L.L.C. called 1.210 acre tract of land, more fully described as Tract 2 recorded in Clerks File No. 2005038589 of the Official Public Records of Jefferson County, Texas. Said 1.125 acre tract of land being situated in the Noah Tevis League, Abstract No. 52, Jefferson County, Texas and being more particularly described as follows: BEGINNING at a 1/2 inch iron rod found at the Northwest comer of said 1.210 acre tract, same being the most Westerly Northeast corner of that certain Tideland Specialty, Ltd. called 11.4488 acre tract of land, more fully described and recorded in Clerks File No. 2002046131. and being in the South line of South Street (30 feet wide right-of-way); THENCE North 69 deg. 07 min. 36 sec. East along and with the North line of said 1.210 acre tract, same being the South line of said South Street, a distance of 408.98 feet to a 5/8 inch iron rod with cap stamped "WORTECH SURVEYORS" found in a curve at the Northwest corner of that certain City of Beaumont called 0.264 acre tract of land, more fully described as Parcel "B" recorded in Clerk's File No. 2009044503 of said Official Public Records; THENCE in a Southwesterly direction along and with the West line of said 0.264 acre tract and curve to the right, having a delta angle of 9 deg. 42 min. 23 sec., a radius of 385.00 feet, a long chord that bears South 14 deg. 16 min. 19 sec. West, a distance of 65.14 feet and an are length of 65.22 feet to 5/8 inch iron rod with cap stamped "WORTECH SURVEYORS" set for corner at the end of said curve and the beginning of a reverse curve; THENCE in a Southwesterly direction continuing along and with the West line of said 0.264 acre tract and reverse curve to the left, having a delta angle of 12 deg. 29 min. 08 sec., a radius of 455.00 feet, a long chord that bears South 12 deg. 52 min. 56 sec. West, a distance of 98.96 feet and an arc length of 99.15 feet to a 5/8 inch iron rod with cap stamped-"WORTECH SURVEYORS" set at the Southwest corner of said 0.264 acre tract and being in the South line of said 1.210 acre tract, same being a North line of said 11.4488 acre tract; THENCE South 69 deg. 07 min. 36 sec. West along and with the South line of said 1.210 acre tract, same being a North line of said 11.4488 acre tract, a distance of 316.72 feet to a 1/2 inch iron rod found at the Southwest corner of said 1.210 acre tract, same being.and Ell corner of said 11.4488 acre tract; THENCE North 20 deg. 46 min. 39 sec. West along and with the West line of said 1.210 acre tract, same being the most Westerly East line of said 11.4488 acre tract, a distance of 135.54 feet to the PLACE OF BEGINNING, containing 1.125 acres of land, more or less. (This description is based upon a survey made on the ground under my direct supervision on December 17, 2008 and May 23, 2011 and is being submitted along with a survey plat Exhibit "B" showing the property and facts found as described herein. .411 bearings are based upon the Texas Coordinate System of 1983 (CORS), South Central Zone (4204), `U.S. Survey foot : All distances and acreages are Surface with a combined adjustment factor of 1.00007 applied.) tstered Professional Land S yor1. L, SIMS, 1R. .1 I 4599 ssNr�•l SURv� EXHIBIT "A" 1480 Cornerstone Court Beaumont, Texas 77706 Tel: 409.866.9769 Fax: 409.866.7075 VICINITY MAP N.T.S. I. ROD TIDELAND SPECIALTY, I.M. 11.4488 Acro Trail Clerk's File No. 2002046131 O.P.RJ.C. FND 12' I. ROD EXHIBIT B N PARCEL H DR.BY: OWNER: TARM Properties, L.L.C. DATE: PROPOSED TAKING: 1.125 ACRES SCALE: REMAINDER: 0.00 ACRES Iron Rod R.O.W. Right-of-way 3 0' W. 60' 120' SCALE: 1"=60' .. FND. 579' I. ROD W cep "WORTECH SURVEYORS' . GvE t,OPg�S� t � ` gm p7�W 4�0 TIDELAND SPECIALTY, LTD. 11.4488 Acre Tract Cloys Fib No. 2002046131 O.P.RJ.C. CURVETABLE CURVE I RADIUS CL& CHORDLENGTH I CHORDBEARWG I DELTAANGL.E Cl I 385.00 1 65.22' 1 65.14'_1 S 14°16'19" W I 09042'23" C2 I 455.00 1 99.15' 1 98.96' I S 12"52'56" W 12°29'08" IMiscellaneous Notes 1. All bearings are based on the Texas State Plane Coord nale System of 1983 (CORS), South Central Zone (4204), (U.S. Survey Foot). AN distances and acreage are Surface with a combined 4ustment factor of 1.00007 applied. 2. 5/8' Iron Rods wl caps stomped "WORTECH SURVEYORS' set at all comers marked 0 un leas otherwise noted. This survey is a boundary survey only, and was prepared without the benefft of a current ConkNbnend for Title Insurance, Construction Plans, or Abstractor's Certificate and therefore easements, pipelines, tdNkies, or encumbrances may exist which are not shown hereon. No subsurface probing, excavation or exploration was perforated for this surrey nor was any research of the Public Records of Jefferson County regarding these easements, utilities, pipelines or encumbrances performed by WORTECH Land Surveyors, Inc.. The location of all pipelines, uftes and easements (if any) shown hereon are based upon actual field location as evidenced from vis" pipeline markers, physical feahxes, and/or written descriptions of the physical locations as recorded in documents fled in the County Clerk Records which were provided to the surveyor by others. 4. Nothing In this survey Is Intended to express an opinion regarding ownership or lltle of carry property. JOB NO 2011-053 FIELD BOOK: 6811029 - 684!022 - 7111008 DR.BY: MAG DATE: 05.19-11 SCALE: 1"=80' W;RTECH LAND SURVEYORS, INC. 1480 Cornerstune Court Beaumont, Texas 77706 Tel:409.866.9769 Fax: 409.566.7075 Flood Zone Information According to Map No. 4854570020 C. of the Federal Emergency Management Agwxys Flood Insurance Rate Maps for Jefferson County, daNd Auguat 6. 20M, the SIdI W trail Is skumbd WNhkr: (Unshaded) Zone X - Areas determined to be outside 500 -y -r floodplain. location of the stMect fined on said maps were determined by scale With actual field elevations rat determined. WORTECH Lend Surveyors, Inc. does not warrant nor subscribe to the accuracy or scale of sold maps. (- Abbreviations I FND Found O.P.RJ.C. Official Public Records F.C. Flim Code Jefferson County I. ROD Iron Rod R.O.W. Right-of-way No. Number N.T.S. Not to Scale SURVEYOR'S CERTIFICATION The undandpned does hereby certify that this survey Plat accurately represents an on the ground survey made under my direct supervision on December 17, 2008, and May 23, 2011, and Is beteg submitted along with Bre Surveyor's Field Note description (Exhibit A) of the property shown hereon, which Nes in Jefferson County, Texas. TM DOCUMENT NOT VALID w7rNanowowALSEAtulo R CISTEREDPROFESSION ND SURVEYOR EXHIBIT "B" RICO WITS OPPORTUNIT! BEAUMON* T * Z * X * A * $ REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS OCTOBER 30, 2012 1:30 P.M. AGENDA CALL TO ORDER * Invocation Pledge Roll Call * Presentations and Recognition * Public Comment: Persons may speak on scheduled agenda items 8-14/Consent Agenda * Consent Agenda GENERAL BUSINESS 1. Consider an ordinance approving a zone change from RS (Residential Single Family Dwelling) District to RM -H (Residential Multiple Family Dwelling - Highest Density) District at 1703 Franklin 2. Consider an ordinance approving a zone change from PUD (Planned Unit Development) District to GC -MD (General Commercial -Multiple Family Dwelling) District at 3350, 3450, 3550 Dowlen Road (Tuscany Park) and the vacant 5+ acres behind Tuscany Park 3. Consider an ordinance approving a specific use permit to allow a school in an RS (Residential Single Family Dwelling) District at 6750 Highway 105 4. Consider an ordinance approving a specific use permit to allow a pet crematory in a GC -MD (General Commercial -Multiple Family Dwelling) District at 1295 Gladys 5. Consider an ordinance approving a specific use permit to allow a child day care in an RS (Residential Single Family Dwelling) District at 1650 Reynolds 6. Consider an ordinance approving an amended specific use permit to allow a 6' tall chain link fence instead of the required 8' tall wood screening fence along the south side of the play yard of a child day care in an RS (Residential Single Family Dwelling) District at 1450 W. Lucas Drive 7. Consider an ordinance approving an amendment to the Zoning Ordinance, Section 28.03.023(e) that would permit tax preparation services in the RCR (Residential Conservation and Revitalization) District with a specific use permit 8. Consider an ordinance approving the abandonment of two drainage easements at 8085 Eastex Freeway 9. Consider approving amendments to the Burglar and Robbery Alarms Ordinance 10. Consider a resolution authorizing the City Manager to receive funding through the Department of Homeland Security Supplemental 2012 Port Security Grant Program 11. Consider a resolution authorizing the City Manager to execute an Interlocal Agreement with Jefferson County Drainage District No. 6 for the Hike & Bike Trail Phase II-Dowlen Road to Major Drive 12. Consider amending Section 20.03.004 of the Code of Ordinances related to the locations and limits of school speed zones 13. Consider a resolution approving the purchase of six reconditioned solar powered mixers for use at the Wastewater Treatment Plant WORK SESSIONS * Review and discuss bus route options to serve the Social Security Office located on Dishman Road at Major Drive * Review and discuss an application from HEB for Neighborhood Empowerment Zone economic development incentives 14. Consider a resolution authorizing the City Manager to enter into an agreement with HEB Grocery for economic development incentives under the Neighborhood Empowerment Zone Abatement 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. October 30, 2012 Consider an ordinance approving a zone change from RS (Residential Single Family Dwelling) District to RM -H (Residential Multiple Family Dwelling -Highest Density) District at 1703 Franklin RICH WITH OPPORTUNITY IIEAUMON* T• E• X• A• S TO: City Council Agenda Item City Council -- FROM: Kyle Hayes, City Manager Gf0 PREPARED BY: Chris Boone, Community Development Director MEETING DATE: October 30, 2012 REQUESTED ACTION: Council consider an ordinance approving a zone change from RS (Residential Single Family Dwelling) District to RM -H (Residential_ Multiple Family Dwelling -Highest Density) District at 1703 Franklin. BACKGROUND Louis Salazar has applied for a zone change. Mr. Salazar states that the reason for the rezoning is to enable him to build an apartment complex on the subject property. The property is currently occupied by a large older house and accessory building. The 1999 Avenues/College Street Area Plan designates the subject property and properties to the north, east and west for low density residential uses. In 2000, the Planning Division conducted a zoning study with the intent of implementing that portion of the plan which recommends rezoning parts of the neighborhood in an effort to revitalize the entire neighborhood while protecting and stabilizing the existing single family residential neighborhoods. The preservation of the existing single family neighborhoods was one of the major objectives of the plan. At a Joint Public Hearing held October 15, 2012, the Planning Commission recommended denial 7:0 of the zone change. FUNDING SOURCE Not applicable. RECOMMENDATION Denial of ordinance. ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING CHAPTER 28 OF THE CODE OF ORDINANCES OF BEAUMONT, TEXAS, AND IN PARTICULAR THE BOUNDARIES OF THE ZONING DISTRICTS, AS INDICATED UPON THE ZONING MAP OF BEAUMONT, TEXAS, BY CHANGING THE ZONING OF PROPERTY PRESENTLY ZONED RS (RESIDENTIAL SINGLE FAMILY DWELLING) DISTRICT TO RM -H (RESIDENTIAL MULTIPLE FAMILY DWELLING -HIGHEST DENSITY) DISTRICT AT 1703 FRANKLIN STREET, BEAUMONT, JEFFERSON COUNTY, TEXAS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: Section 1. That Chapter 28 of the Code of Ordinances of Beaumont, Texas, and in particular the boundaries of the zoning districts, as indicated upon the Zoning Map of the City of Beaumont, referred to in Section 28.01.005(b) thereof, is hereby amended by changing the zoning of property presently zoned RS (Residential Single Family Dwelling) District to RM - H (Residential Multiple Family Dwelling -Highest Density) District at 1703 Franklin Street, being Lots 1-3, Block 4, Blanchette 2 Addition, City of Beaumont, Jefferson County, Texas, containing 0.43 acres, more or less, as shown on Exhibit "A," and the official zoning map of the City of Beaumont is hereby amended to reflect such changes. Section 2. That, in all other respects, the use of the property herein above described shall be subject to all of the applicable regulations of the underlying zoning district as well as those regulations contained in Chapter 28 of the Code of Ordinances of Beaumont, Texas, as amended. Section 3. That if any section, subsection, sentence, clause of phrase of this ordinance, or the application of same to a particular set of persons or circumstances, should for any reason be held to be invalid, such invalidity shall not affect the remaining portions of this ordinance, and to such end, the various portions and provisions of this ordinance are declared to be severable. Section 4. That all ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only. Section 5. That any person who violates any provision of this ordinance shall, upon conviction, be punished, as provided in Section 1.01.009 of the Code of Ordinances of Beaumont, Texas. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 30th day of October, 2012. - Mayor Becky Ames - ale 2146-Z: Request for a zone change from RS (Residential Single Family Dowelling) N istrict to RM -H (Residential Multiple Family Dwelling -Highest Density) District or more ;strictive district. ocation:1703 Franklin pplicant: Maria Salazar 0 100 200 1 1 1 1 Feet 9`F Legend R -S 2146Z NC NC R -S NC Rill -H 9L� F� RM -H R=S R -S RM'H 5 9�Fti RWH GAF �v� wP R -S RM -H RM -H Rl�lll=H EXHIBIT "A" i October 30, 2012 Consider an ordinance approving a zone change from PUD (Planned Unit Development) District to GC -MD (General Commercial -Multiple Family Dwelling) District at 3350, 3450, 3550 Dowlen Road (Tuscany Park) and the vacant 5+ acres behind Tuscany Park RICH WITH OPPORTUNITY [IEA,UMO N* T - E - % - A - S TO: City Council Agenda Item City Council FROM: Kyle Hayes, City Manager PREPARED BY: Chris Boone, Community Development Director MEETING DATE: October 30, 2012 REQUESTED ACTION: Council consider an ordinance approving a zone change from PUD (Planned Unit Development) District to GC -MD (General Commercial -Multiple Family Dwelling) District at 3350, 3450, 3550 Dowien Road (Tuscany Park) and the vacant 5+ acres behind Tuscany Park. BACKGROUND Calvary Baptist Church has applied for a zone change. In October, 1999, City Council approved a zone change to RM -H (Residential Multiple Family Dwelling -Highest Density) District and a specific use permit to allow a professional and business office park. In March, 2001, City Council approved a zone change to PUD (Planned Unit Development) District. At that time, the applicant asked for the PUD zoning "to allow some flexibility to compliment the office setting". PUD zoning requires specific use permits for any use other than single family residential. Calvary Baptist Church has entered into a contract to purchase the property from Wells Fargo Bank, N.A. Gary Rothenberger, Executive Pastor of Calvary Baptist Church, states that the church's purchase of Tuscany Park will create a greater opportunity for the residents of Southeast Texas to visit its campus. Pastor Rothenberger says that a larger campus will provide additional space where children, youth, college-age persons and adults can come and participate in church activities. The original church campus is located immediately north of Tuscany Park. Several years ago, Calvary also purchased the campus of Wesley United Methodist Church located at the southeast corner of Dowlen and Folsom. Tuscany Park is currently occupied by restaurants, clothing retail, jewelry retail, medical and office space. Pastor Rothenberger states that effective at the close of purchase of Tuscany Park, certain entities currently occupying space will continue to operate under a lease agreement with Calvary Baptist Church. The current uses will continue until each lease agreement expires. Any space currently unoccupied will be utilized by Calvary Baptist for "church use". At a Joint Public Hearing held October 15, 2012, the Planning Commission recommended approval 7:0 of the zone change. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of ordinance. ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING CHAPTER 28 OF THE CODE OF ORDINANCES OF BEAUMONT, TEXAS, AND IN PARTICULAR THE BOUNDARIES OFTHE ZONING DISTRICTS, AS INDICATED UPON THE ZONING MAP OF BEAUMONT, TEXAS, BY CHANGING THE ZONING OF PROPERTY PRESENTLY ZONED PUD (PLANNED UNIT DEVELOPMENT) DISTRICT TO GC -MD (GENERAL COMMERCIAL -MULTIPLE FAMILY DWELLING) DISTRICT AT 3350, 3450, 3550 DOWLEN ROAD (TUSCANY PARK) AND THE VACANT 5t ACRES BEHIND TUSCANY PARK, BEAUMONT, JEFFERSON COUNTY, TEXAS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: Section 1. That Chapter 28 of the Code of Ordinances of Beaumont, Texas, and in particular the boundaries of the zoning districts, as indicated upon the Zoning Map of the City of Beaumont, referred to in Section 28.01.005(b) thereof, is hereby amended by changing the zoning of property presently zoned PUD (Planned Unit Development) District to GC -MD (General Commercial -Multiple Family Dwelling) District at 3350, 3450, 3550 Dowlen Road (Tuscany Park) and the vacant 5t acres behind Tuscany Park, being Lots 1-3 and Tract A, Tuscany Park Addition and H. Williams Survey, Abstract 56, Tract 548, Plat D 26, City of Beaumont, Jefferson County, Texas, containing 12.83 acres, more or less, as shown on Exhibit "A," and the official zoning map of the City of Beaumont is hereby amended to reflect such changes. Section 2. That, in all other respects, the use of the property herein above described shall be subject to all of the applicable regulations of the underlying zoning district as well as those regulations contained in Chapter 28 of the Code of Ordinances of Beaumont, Texas, as amended. Section 3. That if any section, subsection, sentence, clause of phrase of this ordinance, or the application of same to a particular set of persons or circumstances, should for any reason be held to be invalid, such invalidity shall not affect the remaining portions of this ordinance, and to such end, the various portions and provisions of this ordinance are declared to be severable. Section 4. That all ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only. Section 5. That any person who violates any provision of this ordinance shall, upon conviction, be punished, as provided in Section 1.01.009 of the Code of Ordinances of Beaumont, Texas. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 30th day of October, 2012. - Mayor Becky Ames - Be -2W -Z: Request for a zone change from PUD (Planned Unit Development) District to 'C -MD (General Commercial -Multiple Family Dwelling) District or more restrictive ocation: 3350, 3450, 3550 Dowlen Road (Tuscany Park) and vacant 5± acres behind uscany Park Applicant: Calvary Baptist Church of Beaumont o 100 200 I�I I I I Feet EXHIBIT "A" THE �.s.R toSiCHE TUSCANNY PARK ARCHITECTURAL GROUP. INC. Mon E�.MOMI, l�fY nAI +NMi AWtRIY YMWf.Mf.MIlW i October 30, 2012 Consider an ordinance approving a specific use permit to allow a school in an RS (Residential Single Family Dwelling) District at 6750 Highway 105 RICH WITH OPPORTUNITY BEA,IIMON* T• E• X• A• S TO: City Council Agenda Item City Council FROM: Kyle Hayes, City Manager 6>19 PREPARED BY: Chris Boone, Community Development Director MEETING DATE: October 30, 2012 REQUESTED ACTION: Council consider an ordinance approving a specific use permit to allow a school in an RS (Residential Single Family Dwelling) District at 6750 Highway 105. BACKGROUND Ed Jones, trustee of Friendship Baptist Church, has applied for a specific use permit. The church would like to operate a faith based school open to the public. Friendship Christian Academy includes grades Pre -K4 through 12th grade. Mr. Jones says that 47 students are currently enrolled full time and 10 home schooled children are enrolled. The school is open Monday through Friday, 8:30 a.m. to 3:00 p.m. The home school is open on Monday's from 5:30 p.m. to 7:00 p.m. At a Joint Public Hearing held October 15, 2012, the Planning Commission recommended approval 7:0 of the specific use permit subject to the following condition: 1. The school shall apply for and receive approval of a certificate of occupancy. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of ordinance subject to the following condition: The school shall apply for and receive approval of a certificate of occupancy. ORDINANCE NO. ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A SCHOOL IN A RS (RESIDENTIAL SINGLE FAMILY DWELLING) DISTRICT AT 6750 HIGHWAY 105 IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS, Friendship Baptist Church has applied for a specific use permit to allow a school in a RS (Residential Single Family Dwelling) District at 6750 Highway 105, being Plat RS -4, Tract 5B out of Tract 5, W.B. Dyches Survey, Abstract A-17, City of Beaumont, Jefferson County, Texas, containing 4.998 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 school in a RS (Residential Single Family Dwelling) District at 6750 Highway 105, subject to the following condition: ; and, • The school shall apply for and receive approval of a certificate of occupancy. 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 school in a RS (Residential Single Family Dwelling) District at 6750 Highway 105, being Plat RS -4, Tract 5B out of Tract 5, W.B. Dyches Survey, Abstract A-17, City of Beaumont, Jefferson County, Texas, containing 4.998 acres, more or less, as shown on Exhibit "A," attached hereto, is hereby granted to Friendship Baptist Church, its legal representatives, successors and assigns, as shown on Exhibit "B," attached hereto and made a part hereof for all purposes, subject to the following conditions: • The school shall apply for and receive approval of a certificate of occupancy. Section 2. That the specific use permit herein granted is expressly issued for and in accordance with each particular and detail of the site plan attached hereto as Exhibit "B," attached hereto and made a part hereof for all purposes. Section 3. Notwithstanding the site plan attached hereto, the use of the property herein above described shall be in all other respects subject to all of the applicable regulations contained in Chapter 28 of the Code of Ordinances of Beaumont, Texas, as amended, as well as comply with any and all federal, state and local statutes, regulations or ordinances which may apply. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 30th day of October, 2012. - Mayor Becky Ames - File2144 Request for a specific use permit to allow a school in an RS (Residential SingleN Family Dwelling) District. Location: 6750 Hwy. 105 Applicant: Friendship Baptist Church 0 100 200 1 1 1 I Feet EXHIBIT "A" t. Al, 1181HX3 -3n i xE s�si a ie g 1 'yyyyyy��- 1; e f4 : b•n�r SL 3ayd •a 3Nmon volar SU 3Wd VOLS arMOA NWKM M LrmnwdV 3WM -WWLLV 03LM K o. www car 3 � 150 r<o�ya# 04 w'i CL zi ocl N: ��Z Til'aD4it tt� z U Fr 0 4a O 4 ( cd 4-i O ci4te � fi 5., o 4a O or Cd Elie% cilli°1 . 11111 1 'may sg_ ?g£ y Y 3 — -- ----- --- ---- -- tsT1 j# Ts Y •� tl� � + i 2 i' B xE s�si a ie g 1 'yyyyyy��- 1; e f4 : b•n�r SL 3ayd •a 3Nmon volar SU 3Wd VOLS arMOA NWKM M LrmnwdV 3WM -WWLLV 03LM K o. www car 3 � 150 r<o�ya# 04 w'i CL zi ocl N: ��Z Til'aD4it tt� z U Fr 0 4a O 4 ( cd 4-i O ci4te � fi 5., o 4a O or Cd C! October 30, 2012 Consider an ordinance approving a specific use permit to allow a pet crematory in a GC -MD (General Commercial -Multiple Family Dwelling) District at 1295 Gladys RICH WITH OPPORTUNITY BEAUMON* T- E- X- A- S TO: City Council Agenda Item City Council FROM: Kyle Hayes, City Manager 6>D PREPARED BY: Chris Boone, Community Development Director MEETING DATE: October 30, 2012 REQUESTED ACTION: Council consider an ordinance approving a specific use permit to allow a pet crematory in a GC -MD (General Commercial -Multiple Family Dwelling) District at 1295 Gladys. BACKGROUND Donald Taft has applied for a specific use permit. Mr. Taft states that the pet crematory will occur in a vacant commercial building that once was used as a flower shop. A small chapel will be provided for those who wish to mourn the passing of their pet. All of the cremation activities will occur inside the building. The service will provide the pick-up of the deceased pet and return the pet in an urn or scatter the ashes in a reflection area on the property. Cremation can be done on an individual basis or in a communal (group) basis. Typical operating hours will be 8 a.m. to 5 p.m., Monday through Saturday. However, the service will be on call 24 hours a day, 365 days a year. At a Joint Public Hearing held October 15, 2012, the Planning Commission recommended approval 7:0 of the specific use permit subject to the following conditions: 1. A RPZ will be required within 12" of the water meter on private property. 2. The applicant will modify the west side of the parking lot to allow room for vehicles parked at the end of the parking lot to reverse and re -orient so that the front of the vehicle exits first into the street. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of ordinance subject to the following conditions: 1. A RPZ will be required within 12" of the water meter on private property. 2. The applicant will modify the west side of the parking lot to allow room for vehicles parked at the end of the parking lot to reverse and re -orient so that the front of the vehicle exits first into the street. ORDINANCE NO. ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A PET CREMATORY IN A GC -MD (GENERAL COMMERCIAL -MULTIPLE FAMILY DWELLING) DISTRICT AT 1295 GLADYS AVENUE IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS, Donald Taft has applied for a specific use permit to allow a pet crematory in a GC -MD (General Commercial -Multiple Family Dwelling) District at 1295 Gladys Avenue, being Lot 1, Block 26, Jirou Addition and the North Y2 of Lot 6, Block 14, Chaison Addition, City of Beaumont, Jefferson County, Texas, containing 0.24 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 pet crematory in a GC -MD (General Commercial -Multiple Family Dwelling) District at 1295 Gladys Avenue, subject to the following conditions: ; and, • A RPZ will be required within 12" of a water meter on private property. • The applicant will modify the west side of the parking lot to allow room for vehicles parked at the end of the parking lot to reverse and re -orient so that the front of the vehicle exits first into the street. 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 pet crematory in a GC -MD (General Commercial -Multiple Family Dwelling) District at 1295 Gladys Avenue, being Lot 1, Block 26, Jirou Addition and the North 'h of Lot 6, Block 14, Chaison Addition, City of Beaumont, Jefferson County, Texas, containing 0.24 acres, more or less, as shown on Exhibit "A," attached hereto, is hereby granted to Donald Taft, his legal representatives, successors and assigns, as shown on Exhibit "B," attached hereto and made a part hereof for all purposes, subject to the following conditions: • A RPZ will be required within 12" of a water meter on private property. • The applicant will modify the west side of the parking lot to allow room for vehicles parked at the end of the parking lot to reverse and re -orient so that the front of the vehicle exits first into the street. Section 2. That the specific use permit herein granted is expressly issued for and in accordance with each particular and detail of the site plan attached hereto as Exhibit "B," attached hereto and made a part hereof for all purposes. Section 3. Notwithstanding the site plan attached hereto, the use of the property herein above described shall be in all other respects subject to all of the applicable regulations contained in Chapter 28 of the Code of Ordinances of Beaumont, Texas, as amended, as well as comply with any and all federal, state and local statutes, regulations or ordinances which may apply. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 30th day of October, 2012. - Mayor Becky Ames - File 2147-P: Request for a specific use permit to allow a pet crematory in a GC -MD General Commercial -Multiple Family Dwelling) District. Location: 1295 Gladys p Dlicant: Donald Taft 0 100 200 1 1 1 1 Feet Legend ® 2147P GC MD GC -MD GC ---M - GG --MD GC -MD GLADYS AVE G -M- D GG MD GC -MD 0 a X z v Ch m E R -S R N IGC- D - EVALON AVE R -S R -S GC -MD ko Lo 4 EXHIBIT "B" �I October 30, 2012 Consider an ordinance approving a specific use permit to allow a child day care in an RS (Residential Single Family Dwelling) District at 1650 Reynolds RICH WITH OPPORTUNITY BEA,UMON* T- E- X• A- S TO: City Council Agenda Item City Council FROM: Kyle Hayes, City Manager ,C}p PREPARED BY: Chris Boone, Community Development Director MEETING DATE: October 30, 2012 REQUESTED ACTION: Council consider an ordinance approving a specific use permit to allow a child day care in an RS (Residential Single Family Dwelling) District at 1650 Reynolds. BACKGROUND Donna Moffitt has applied for a specific use permit. Ms. Moffitt states that for the past twenty-two years she has operated a registered child day care at 1695 Reynolds. That property is across the street from the subject property. After Ms. Moffitt's father died, she and her husband purchased her childhood home and moved to 1650 Reynolds. Ms. Moffitt says that the child day care would operate Monday through Friday from 6:00 a.m. to 6:00 p.m. She currently cares for six preschool children ages newborn to 5 years old. Being a registered child day care she would be able to care for up to twelve children. At a Joint Public Hearing held October 15, 2012, the Planning Commission recommended approval 7:0 of the specific use permit. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of ordinance. ORDINANCE NO. ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A CHILD DAY CARE IN A RS (RESIDENTIAL SINGLE FAMILY DWELLING) DISTRICT AT 1650 REYNOLDS ROAD IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS, Donna Moffitt has applied for a specific use permit to allow a child day care in a RS (Residential Single Family Dwelling) District at 1650 Reynolds Road, being the South 150' of Lot 9, Block 4, Wescalder Fig Acres, City of Beaumont, Jefferson County, Texas, containing 1.95 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 child day care in a RS (Residential Single Family Dwelling) District at 1650 Reynolds Road; and, WHEREAS, the City Council is of the opinion that the issuance of such specific use permit is in the best interest of the City of Beaumont and its citizens; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this ordinance are hereby, in all things, approved and adopted; and, Section 1. That a specific use permit to allow a child day care in a RS (Residential Single Family Dwelling) District at 1650 Reynolds Road, being the South 150' of Lot 9, Block 4, Wescalder Fig Acres, City of Beaumont, Jefferson County, Texas, containing 1.95 acres, more or less, as shown on Exhibit "A," attached hereto, is hereby granted to Donna Moffitt, 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," attached hereto and made a part hereof for all purposes. Section 3. Notwithstanding the site plan attached hereto, the use of the property herein above described shall be in all other respects subject to all of the applicable regulations contained in Chapter 28 of the Code of Ordinances of Beaumont, Texas, as amended, as well as comply with any and all federal, state and local statutes, regulations or ordinances which may apply. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 30th day of October, 2012. - Mayor Becky Ames - e 2149_P: Request for a specific use permit to allow a child day care in a RS (Residential N igle Family Dwelling) District. cation: 1650 Reynolds plicant: Donna Moffitt 0 100 200 1 1 1 Feet EXHIBIT "A" PLOT PLAN SCALE: 1"= SOS 1650 REYNOLDS RD. S. 150' LOT 9 BLK 4 WESCALDER FIC- ACRES ABSTRACT 61550 1.952 ACRES BEAUMONT, TEXAS JEFFERSON COUNTY DATE: S-14-12 REV S-22-12 REYNOLDS RD. WNDA ANG eoAc DONNA MOFFETT FAMILY Ph— AM rr+ioo F— (4M CHILD CARE NOME a+.0 b�.nrwtop�abr.r 434-4420 �91 October 30, 2012 Consider an ordinance approving an amended specific use permit to allow a 6' tall chain link fence instead of the required 8' tall wood screening fence along the south side of the play yard of a child day care in an RS (Residential Single Family Dwelling) District at 1450 W. Lucas Drive RICH WITH OPPORTUNITY BEA,UMON* T- E- S- A- S TO: City Council Agenda Item City Council FROM: Kyle Hayes, City Manager C PREPARED BY: Chris Boone, Community Development Director MEETING DATE: October 30, 2012 REQUESTED ACTION: Council consider an ordinance approving an amended specific use permit to allow a 6' tall chain link fence instead of the required 8' tall wood screening fence along the south side of the play yard of a child day care in an RS (Residential Single Family Dwelling) District at 1450 W. Lucas Drive. BACKGROUND On August 28, 2012, City Council approved a specific use permit to allow a child day care at 1450 W. Lucas subject to the following conditions: 1. The number of children kept for compensation shall not exceed five children under the age of sixteen at any one time. 2. If the specific use permit is approved, Ms. Brown must apply for a certificate of occupancy. Prior to the issuance of the certificate of occupancy, Ms. Brown must comply with all of the required codes of the City of Beaumont. 3. An 8' tall wood screening fence shall be installed along the east and south sides of the play yard (where the chain link fence now exists). On September 4, 2012, Shukia Brown received her certificate of occupancy. Staff gave Ms. Brown three weeks to come into compliance with the fencing requirement. She installed the fence along the east side of the play yard but not on the south side as required. Ms. Brown presented staff with a letter from Bobbie Boudreaux, the property owner to the south, stating that the child day care did not bother her and requested that the fence along the south side of the play yard not be installed. At a Joint Public Hearing held October 15, 2012, the Planning Commission recommended approval 7:0 of the amended specific use permit to allow a 6' tall chain link fence instead of the required 8' tall wood screening fence along the south side of the play yard of a child day care. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of ordinance to allow a 6' tall chain link fence instead of the required 8' tall wood screening fence along the south side of the play yard of a child day care. ORDINANCE NO. ENTITLED AN ORDINANCE ISSUING AN AMENDED SPECIFIC USE PERMIT TO ALLOW A 6' TALL CHAIN LINK FENCE INSTEAD OF THE REQUIRED 8' TALL WOOD SCREENING FENCE ALONG THE SOUTH SIDE OF THE PLAY YARD OF A CHILD DAY CARE IN A RS (RESIDENTIAL SINGLE FAMILY DWELLING) DISTRICT AT 1450 W. LUCAS DRIVE IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS, on August 28, 2012, City Council approved Ordinance No. 12-058 issuing a specific use permit to Shukia Brown to allow a child day care in a RS (Residential Single Family Dwelling) District at 1450 W. Lucas Drive, City of Beaumont, Jefferson County, Texas, subject to the following conditions: • The number of children kept for compensation shall not exceed five children under the age of sixteen at any one time. • If the specific use permit is approved, Ms. Brown must apply for a certificate of occupancy. Prior to the issuance of the certificate of occupancy, Ms. Brown must comply with all of the required codes of the City of Beaumont. • A 8' tall wood screening fence shall be installed along the east and south sides of the play yard (where the chain link fence now exists); and, with the modification to the landscaping/screening requirements along the north, east and south property lines (8' tall wood screening fence along the north, east and south sides of the play yard and no 10' wide landscape strip along the north and south sides of the property); and, WHEREAS, Shukia Brown wishes to amend the specific use permit to allow a 6'tall chain link fence instead of the required 8' tall wood screening fence along the south side of the play yard of a child day care in a RS (Residential Single Family Dwelling) District at 1450 W. Lucas Drive, being the N Y2 of Lot 10 and all of Lot 11, Block 9, Calder Highlands Addition, City of Beaumont, Jefferson County, Texas, containing 0.38 acres, more or less, as shown on Exhibit 'A" attached hereto and made a part hereof for all purposes; and, WHEREAS, the Planning and Zoning Commission of the City of Beaumont considered the request to amend the specific use permit to allow a 6' tall chain link fence instead of the required 8' tall wood screening fence along the south side of the play yard of a child day care in a RS (Residential Single Family Dwelling) District at 1450 W. Lucas Drive as reflected in the site plan as shown on Exhibit "B," attached hereto and made a part hereof for all purposes; and, WHEREAS, the City Council is of the opinion that the amendment of such specific use permit is in the best interest of the City of Beaumont and its citizens; NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, Section 1. That Ordinance No. 12-058 be amended by amending the specific use permit granted to Shukia Brown, her legal representatives, successors, and assigns for that certain tract shown on Exhibit "A," attached hereto and made a part hereof for all purposes, to allow a 6' tall chain link fence instead of the required 8' tall wood screening fence along the south side of the play yard of a child day care in a RS (Residential Single Family Dwelling) District at 1450 W. Lucas Drive as reflected in the site plan attached hereto as Exhibit "B." Section 2. Notwithstanding the site plan attached hereto as Exhibit "B," the use of the property herein above described shall be in all other respects, subject to all of the applicable conditions and regulations contained in Ordinance No. 12-058 and the regulations contained in Chapter 28 of the Code of Ordinances of the City of Beaumont, Texas, as amended, as well as comply with any and all federal, state and local statutes, regulations or ordinances which may apply. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 30th day of October, 2012. - Mayor Becky Ames - e 2141 P: Request for a specific us a permit to allow a cUd day care in an RS (Residential Single Family Dwelling) District ,ation:1450 W. Lucas Drive Applicant: Shukia Brown 0 900 200 L 1 1 1 Feet EXHIBIT "A" "= 3a _ � 'fit{�S7I�l�►goo M N ouyf.. EXHIBIT "B" 7 October 30, 2012 Consider an ordinance approving an amendment to the Zoning Ordinance, Section 28.03.023(e) that would permit tax preparation services in the RCR (Residential Conservation and Revitalization) District with a specific use permit il- RICH WITH OPPORTUNITY [1EA,UM"m0N * T• E• X• A• S TO: City Council Agenda Item City Council FROM: Kyle Hayes, City Manager C'k PREPARED BY: Chris Boone, Community Development Director MEETING DATE: October 30, 2012 REQUESTED ACTION: Council consider an ordinance approving an amendment to the Zoning Ordinance, Section 28.03.023(e). BACKGROUND The City of Beaumont Planning Division is proposing an amendment to the Zoning Ordinance. Planning staff is proposing an amendment to the Zoning Ordinance that would permit tax preparation services in the RCR-H (Residential Conservation and Revitalization) District with a specific use permit. Staff has recently had a conversation with a property owner located in the Oaks Historic District about selling her former dental office to a tax preparation business. Currently, a tax preparation service is not permitted in the RCR-H District. Staff feels that a tax preparation service would be an appropriate use in the RCR-H District and would not be detrimental to surrounding properties. Therefore, staff recommends the following: Sec. 28.03.023 Permitted uses (e) Standard Industrial Classification (SIC) group numbers. 7291 Provide separate listing for Tax Preparation Service ZONING DISTRICT PERMITTED PRIMARY USES Parking Special Group Cond. SIC A -R R -S RM- RM- RCR RCR- NC NSC GC- M H H MD GC- MD -2 CBD C -M LI HI PUD GROUP S P P P S S P P P S 729 Misc. Personal Services (except as noted 14 P P P Massage Parlors 14 P P P Adult Modeling or Photo Studio 14 S S P P P S S P P P S 7291 Tax Preparation Services 14 At a Joint Public Hearing held October 15, 2012, the Planning Commission recommended approval 7:0 of the amendments. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of ordinance. ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING CHAPTER 28, SECTION 28.03.023(e) OF THE CODE OF ORDINANCES OF BEAUMONT, TEXAS, TO MAKE CHANGES AND ADDITIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL; AND PROVIDING A PENALTY. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. THAT Chapter 28, Section 28.03.023(e) of the Code of Ordinances be and the same is hereby amended to read as follows: Section 2. THAT Chapter 28, Section 28.03.023(e), Permitted Use Table, SIC Group 72, of the Code of Ordinances of the City of Beaumont be and the same is hereby amended by adding 7291 to read as follows: ZONING DISTRICT Parking Group Special Cond. PERMITTED PRIMARY USES SIC A -R R -S RM- RM- RCR RCR- NC NSC GC- M H H MD GC- MD -2 CBD C -M I -I HI PUD GROUP S P P P S S P P P S 1729 Misc. Personal Services (except as noted 14 P P P Mass a Parlors 14 P P P Adult Mcdelin or Photo Studio 14 S S P P P S S P P P S 729ITaxProDarationServices 14 Section 3. That if any section, subsection, sentence, clause of phrase of this ordinance, or the application of same to a particular set of persons or circumstances, should for any reason be held to be invalid, such invalidity shall not affect the remaining portions of this ordinance, and to such end, the various portions and provisions of this ordinance are declared to be severable. Section 4. That all ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only. Section 5. That any person who violates any provision of this ordinance shall, upon conviction, be punished, as provided in Section 1.01.009 of the Code of Ordinances of Beaumont, Texas. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 30th day of October, 2012. - Mayor Becky Ames - E? October 30, 2012 Consider an ordinance approving the abandonment of two drainage easements at 8085 Eastex Freeway RICH WITH OPPORTUNITY BEA,UMON* T- E- X- A- S TO: City Council Agenda Item City Council FROM: Kyle Hayes, City Manager G?") PREPARED BY: Chris Boone, Community Development Director MEETING DATE: October 30, 2012 REQUESTED ACTION: Council consider an ordinance approving the abandonment of two drainage easements at 8085 Eastex Freeway. BACKGROUND Tim Andrues has applied for the abandonment. Mr. Andrues states that these easements were originally platted with the establishment of the Suburban Acres subdivision in the mid -1950's. With the subsequent construction of the Eastex Freeway, the drainage was rerouted so as to cross under the freeway parallel to Lawrence Drive. As a result, these easements are no longer needed. These easements cross the property owned by Coastwide Leasing, L.P. Coastwide Leasing has plans to construct a 6,500 sq. ft. multi -tenant office building on the property. Mr. Andrues states that the purpose of this abandonment is to provide adequate facilities for the primary tenant in the new office building. This item was sent to all interested parties. No negative responses were received. At a Regular Meeting held October 15, 2012, the Planning Commission recommended approval 7:0 of the abandonment. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of ordinance. ORDINANCE NO. ENTITLED AN ORDINANCE VACATING AND ABANDONING TWO DRAINAGE EASEMENTS AT 8085 EASTEX FREEWAY, BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS, Coastwide Leasing, L.P. has applied for the abandonment of two drainage easements at 8085 Eastex Freeway, City of Beaumont, Jefferson County, Texas as described in Exhibit "A" and shown on Exhibit "B" attached hereto; and, WHEREAS, the City Council has considered the purpose of said abandonment and is of the opinion that the easement is no longer necessary for municipal utility purposes and the abandonment of said easement is in the best interest of the City and should be granted; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT two drainage easements at 8085 Eastex Freeway, City of Beaumont, Jefferson County, Texas, as described in Exhibit "A" and shown on Exhibit "B" 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 30th day of October, 2012. - Mayor Becky Ames - LEGAL DESCRIPTION FOR ORDINANCE PURPOSES TRACT I - Portion of a 40 Foot Wide Drainage Easement BEING a 0.0394 acre tract or parcel of land situated in the W. B. Dyches League, Abstract No. 17, Jefferson County, Texas and being out of and part of a 40 foot wide drainage easement in Suburban Acres, Unit One, a subdivision of the City of Beaumont, Jefferson County, Texas, according to the plat thereof recorded in Volume 8, Page 202, Map Records, Jefferson County, Texas, said 0.0394 acre tract being more particularly described as follows: NOTE: All bearings are based on the West line of that certain called 1.444 acre tract, save and except a 0.1033 acre tract, as described in a "General Warranty. Deed with Vendor's Lien" from Adris Ulhaq Chaudhry to Kasim Adris Chaudhry as recorded in Clerk's File No. 2004029274, Official Public Records of Real Property, Jefferson County, Texas, as NORTH 12049'00" WEST. All set 5/8" iron rods set with caps stamped "M.W. Whiteley & Associates". COMMENCING at a 5/8" iron rod with a cap stamped "M.W. Whiteley & Associates" found for the Northeast corner of that certain called 0.5961 acre tract of land described in a "General Warranty Deed -with -Vendor's Lien -in Favor of Third Party" from John Robert Beck, III and Morris Beck Separate Properties, Ltd. to Coastwide Leasing, L.P. as recorded in Clerk's File No. 2011017605, Official Public Records of Real Property, Jefferson County, Texas, and said corner being the Southeast corner of that certain called 1.444 acre tract, save and except a 0.1033 acre tract, as described in a "General Warranty Deed with Vendor's Lien" from Adris Ulhaq Chaudry to Kasim Adris Chaudry as recorded in Clerk's File No. 2004029274, Official Public Records of Real Property, Jefferson County, Texas said corner also being in the West right-of-way line of U.S. Highway 69, 96 and 287 (also known as Eastex Freeway); THENCE SOUTH 72004'00" WEST, for the boundary between the said 0.5961 acre Coastwide Leasing, L.P. tract and the said Chaudry tract, for a distance of 143.08 feet to a 5/8" iron rod with a cap stamped "M.W. Whiteley & Associates" found for the Northeast comer and POINT OF BEGINNING of the tract herein described, said corner also being the Northwest comer of the 0.5961 acre Coastwide Leasing, L.P. tract and being in the Southeasterly line of a 40 foot wide drainage easement as recorded on the final plat of the - above referenced Suburban Acres, Unit One; THENCE SOUTH 31°01'40" WEST, along with the Southeasterly line of the said 40 foot wide drainage easement and the Westerly line of the said 0.5961 acre Coastwide Leasing, L.P. tract, for a distance of 88.98 feet to a 5/8" iron rod set for corner; THENCE NORTH 09046'00" WEST, over and across the said 40 foot wide drainage easement, for a distance of 59.02 feet to a 5/8" iron rod set for comer, said corner being the Southeast corner of that certain called 0.206 acre tract of land for a drainage easement, EXHIBIT "A" identified as PARCEL NO. 2, as described in a deed from Suburban Acres, Inc. to the City of Beaumont as recorded in Volume 1273, Page 519, Deed Records, Jefferson County, Texas, the same being the Southeast corner of that certain tract as described in a "Drainage Easement" from the City of Beaumont to Jefferson County Drainage District No. 6 as recorded in Clerk's File No. 2004012804, Official Public Records of Real Property, Jefferson County, Texas and said corner being in the South line of the said Chaudhry tract and said corner bears NORTH 72°04'00" EAST a distance of 2.19 feet from a 5/8" iron rod with a cap stamped "M.W. Whiteley & Associates" found for the most Easterly corner of that certain called 1.9347 acre tract of land as described in a "Special Warranty Deed with Vendor's Lien" from John Robert Beck, III and Morris Beck Separate Properties, Ltd. to John H. Goodyear and wife, Mary Anne Goodyear as recorded in Clerk's File No. 2006006116, Official Public Records of Real Property, Jefferson County, Texas; THENCE NORTH 72004'00" EAST, over and across the said 40 foot wide drainage easement and along and with the boundary between the tract herein described and the said Chaudhry tract for a distance of 58.73 feet to the POINT OF BEGINNING and containing 0.0394 acres, more or less. TRACT II - Portion of a 10 Foot Wide Utility Easement BEING a 0.0341 acre tract or parcel of land situated in the W. B. Dyches League, Abstract No. 17, Jefferson County, Texas and being out of and part of a 10 foot wide utility easement across Lot 6, Block 1 of Suburban Acres, Unit One, a subdivision of the City of Beaumont, Jefferson County, Texas, according to the plat thereof recorded in Volume 8, Page 202, Map Records, Jefferson County, Texas, said 0.0341 acre tract being more particularly described as follows: NOTE: All bearings are based on the West line of that certain called 1.444 acre tract, save and except a 0.1033 acre tract, as described in a "General Warranty Deed with Vendor's Lien" from Adris Ulhaq Chaudhry to Kasim Adris Chaudhry as recorded in Clerk's File No. 2004029274, Official Public Records of Real Property, Jefferson County, Texas, as NORTH 12049'00" WEST. All set 5/8" iron rods set with caps stamped "M.W. Whiteley & Associates". COMMENCING at a 5/8" iron rod with a cap stamped "M.W. Whiteley & Associates" found for the Northeast corner of that certain called 0.5961 acre tract of land as described in a "General Warranty Deed with Vendor's Lien in Favor of Third Party" from John Robert Beck, III, and Morris Beck Separate Properties, Ltd. to Coastwide Leasing, L.P. as recorded in Clerk's File No. 2011017605, Official Public Records of Real Property, Jefferson County, Texas, and said corner being the Southeast corner of that certain called 1.444 acre tract, save and except a 0.1033 acre tract, as described in a "General Warranty Deed with Vendor's Lien" from Adris Ulhaq Chaudhry to Kasim Adris Chaudhry as recorded in Clerk's File No. 2004029274, Official Public Records of Real Property, Jefferson County, Texas said corner also being in the West right-of-way line of U.S. Highway 69, 96 and 287 (also known as Eastex Freeway); THENCE SOUTH 72004'00" for the boundary between the said 0.5961 acre Coastwide Leasing, L.P. tract and the said Chaudhry tract, for a distance of 127.85 feet to the Northeast corner and POINT OF BEGINNING of the tract herein described, said corner also being in the Southeasterly line of a 10 foot wide utility easement as noted on the final plat of the said Suburban Acres, Unit One; THENCE SOUTH 31 °01'40" WEST, along and with the Southeasterly right-of-way line of the said 10 foot wide utility easement, for a distance of 150.83 feet to a point for comer, said being in the South line of the said Lot 6, the same being the South line of the said 0.5961 acre Coastwide Leasing, L.P. tract and in the North line of that certain called 3.497 acre tract of land as described in a "Special Warranty Deed" from Beaumont -TSC, LP to Whitehouse Beaumont Investors, LLC and Day Star Associates as recorded in Clerk's No. 2004029976, Official Public Records of Real Property, Jefferson County, Texas, the same being the North line of TSC -Beaumont Addition, a subdivision of the City of Beaumont, Jefferson County, Texas, according to the plat thereof recorded in Volume 17, Page 268, Map Records, Jefferson County, Texas; THENCE SOUTH 87040'54" WEST, along and with the South line of the said Lot 6 and the North line of the said TSC -Beaumont Addition, for a distance of 11.97 feet to a 1-1/2" iron pipe found for comer, said comer being the Southwest comer of the said Lot 6 and the Southwwest corner of -the said 0.5961 acre Coastwide Leasing, L.P. tract and an -angle point in the North line of the said TSC -Beaumont Addition and also being in the Southeasterly line of a 40 foot wide drainage easement as recorded on the final plat of the above referenced Suburban Acres, Unit One; THENCE NORTH 31 001'40" EAST, along and with the Southeasterly line of the said 40 foot drainage easement, for a distance of 145.92 feet to a 5/8" iron rod with a cap stamped "M.W. Whiteley & Associates" found for corner, said corner being the Northwest comer of the said 0.5961 acre Coastwide Leasing, L.P. tract and being in the South line of the said Chaudhry tract; THENCE NORTH 72004'00" EAST, for the boundary between the said 0.5961 acre Coastwide Leasing, L.P. tract and the said Chaudhry tract, for a distance of 15.23 feet to the POINT OF BEGINNING and containing 0.0341 acres, more or less. (8 \ CALLED 0.206 ACRE— TRACT PARCEL NO. 2 CITY OF BEAUMONT VOL 1273, PG. 519 DRJC & 40'. DRAINAGE EASEMENT J.C.D.D. NO. 6 CF. NO. 20040127804 OPRJC �O CALLED 1.9347 ACRES JOHN GOODYEAR, et ux. C.F. N0. 2006006116 OPRJC O� CURVE RADIUS ARC LENGTH CHORD LENGTH CHORD BEARING DELTA ANGLE / FND Cl 5864.58' 161.79' 161.79' S09'47'i2"E 01'34'50" R1/2' 1 1 1 i 1 �z 11 zZcczi s. P o 1 ORIGINAL LOT UNE 41 FND 1/: L ROD G1 tO�Nm O NN O'O (,1- D 1 � v Im, NoCA 1 11 11 1\ 11 11 11 11 Ttip RACT 1 1 FND 5/b L ROD I,I'm sum" - R ASSWAIW 1 CALLED 1.444 ACRE TRACT SAGE 0.1033 ACRE TRAGT KASIM ADRIS C14AUDHRY C.F. NO. 1004029274 OPRJC �GNE�N G� O G `4e5 �Al r �p4 p0"� L1 n N7x04 � L5 POC FNO 5/8" 1. ROD W/CAP STAMPED 11.W. & ASSOCIATES CAVED 0.5961 ACRES \POB COASTWIDE LF11 1 , LP. CF. N0. 201 10 1 7605 TRACT d 6 OPRJC g m • i / / 0.0394 ACRES `° G,�� N�� ONS $ Id 0.0341 ACRES vgO?p Nb ?G.2p2, -� / J `10' UOLn.Y ZkSeAENT s \jO - - - - - - - - - -,PER PLAT- - - _ - - - \HVL TARGA NATURAL GAS PIPELINE X30' PIP- 21- PERPUT EMENT - - - - - tu rm, , �/c D 1 1/2" FAD 587'40''00"54V 2 38 1. PIPE Pu I. PIPE (CALL 584'51 00`W 238.80') CALLED 3.497 ACRES WHITEHOUSE BEAUMONT INVESTORS, LLC do DAY STAR ASSOCIATES N� PO MROG CF. N0. 2004029976 OPRJC �Mo 26a, TO THE OWNERS OF THE PREMISES SURVEYED O"I pG AS OF THE DATE OF THE SURVEY. `40' DRAINAGE EASEMENT SUBURBAN ACRES, UNIT ONE VOL 8, PG. 202, MRJC 1. THOMAS S. ROWE DO HEREBY CERTIFY THAT THIS SURVEY WAS THIS DAY MADE ON THE SURFACE OF THE GROUND OF THE. PROPERTY LEGALLY DESCRIBED HEREON AND CORRECTLY REPRESENTS THE FACTS �`� TIME OF THE SURVEY. � DATE EXHIBIT "B" REFER TO EXHIBIT A" --FOR LEGAL DESCRIPTION bQm 1. ALL CORNER MARKED WITH • ARE 5/8' IRON RODS WITH CAPS STAMPED AI.W. WHITELEY do ASSOCIATES' FOUND FOR CORNER. 2. ALL CORNER MARKED WITH ++ ARE 5/8" IRON RODS WITH CAPS STAMPED `M.W. WHITELEY do ASSOCIATES' SET FOR CORNER. LINE \A DISTANCE Ll S 72'04'00' W \Z ORIGINAL LOT UNE 41 FND 1/: L ROD G1 tO�Nm O NN O'O (,1- D 1 � v Im, NoCA 1 11 11 1\ 11 11 11 11 Ttip RACT 1 1 FND 5/b L ROD I,I'm sum" - R ASSWAIW 1 CALLED 1.444 ACRE TRACT SAGE 0.1033 ACRE TRAGT KASIM ADRIS C14AUDHRY C.F. NO. 1004029274 OPRJC �GNE�N G� O G `4e5 �Al r �p4 p0"� L1 n N7x04 � L5 POC FNO 5/8" 1. ROD W/CAP STAMPED 11.W. & ASSOCIATES CAVED 0.5961 ACRES \POB COASTWIDE LF11 1 , LP. CF. N0. 201 10 1 7605 TRACT d 6 OPRJC g m • i / / 0.0394 ACRES `° G,�� N�� ONS $ Id 0.0341 ACRES vgO?p Nb ?G.2p2, -� / J `10' UOLn.Y ZkSeAENT s \jO - - - - - - - - - -,PER PLAT- - - _ - - - \HVL TARGA NATURAL GAS PIPELINE X30' PIP- 21- PERPUT EMENT - - - - - tu rm, , �/c D 1 1/2" FAD 587'40''00"54V 2 38 1. PIPE Pu I. PIPE (CALL 584'51 00`W 238.80') CALLED 3.497 ACRES WHITEHOUSE BEAUMONT INVESTORS, LLC do DAY STAR ASSOCIATES N� PO MROG CF. N0. 2004029976 OPRJC �Mo 26a, TO THE OWNERS OF THE PREMISES SURVEYED O"I pG AS OF THE DATE OF THE SURVEY. `40' DRAINAGE EASEMENT SUBURBAN ACRES, UNIT ONE VOL 8, PG. 202, MRJC 1. THOMAS S. ROWE DO HEREBY CERTIFY THAT THIS SURVEY WAS THIS DAY MADE ON THE SURFACE OF THE GROUND OF THE. PROPERTY LEGALLY DESCRIBED HEREON AND CORRECTLY REPRESENTS THE FACTS �`� TIME OF THE SURVEY. � DATE EXHIBIT "B" REFER TO EXHIBIT A" --FOR LEGAL DESCRIPTION bQm 1. ALL CORNER MARKED WITH • ARE 5/8' IRON RODS WITH CAPS STAMPED AI.W. WHITELEY do ASSOCIATES' FOUND FOR CORNER. 2. ALL CORNER MARKED WITH ++ ARE 5/8" IRON RODS WITH CAPS STAMPED `M.W. WHITELEY do ASSOCIATES' SET FOR CORNER. LINE BEARING DISTANCE Ll S 72'04'00' W 143.08' L2 S 31'01'40" W 88.98' L3 N 09'46'00" W 59.02' L4 N 72'04'00' E 58.73' L5 S 72'04'00' W 127.85' L6 S 31'01'40' W 150.83' L7 S 87'40'54' W 11.97' L8 N 31'01'40' E 145.92' L9 N 7704'00' E 15.23' THOMAS S. ROWE — COASTWME LEASING, LP 12-745 1 12-745.dw j . 1fHITELEY D ASSOCIATES INCORPORATED =(; IMG1IUM SND PIANNERS B*bmft C 8®9 P. a Ewa" iso Sala Fm sumim ap— 4a�e awc 40=3= EXHIBIT "B" 5728 �r No. 5728 TRACT I PORTION OF A 40 FOOT HIDE DRAINAGE EASEMENT TRACT II PORTION OF A 10 FOOT WIDE UTILITY EASEMENT BEAUMONT JEFFERSON COUNTY, TKW P7 October 30, 2012 Consider approving amendments to the Burglar and Robbery Alarms Ordinance RICH WITH OPPORTUNITY BEAUMON* T • E • % • A • $ TO: FROM: PREPARED BY: MEETING DATE: REQUESTED ACTION: City Council Agenda Item City Council Kyle Hayes, City Manager d�};., V" Jim Thompson, Director of Management Operations October 30, 2012 Council consider approving amendments to the City's burglar alarm ordinance. BACKGROUND At the Work Session held October 16, Council reviewed and discussed proposed amendments to the City's burglar alarm ordinance. The proposed amendments are intended to reduce the number of false alarms that are received by the Beaumont Police Department. The amendments comply with the rules established by the Texas Local Government Code and Texas Occupations Code which together regulate burglar alarm systems and companies. A copy of the amended ordinance is attached for your review. The recommended schedule will generate about $200,000 in registration and renewal fees and $90,000 in penalties. This revenue will offset ongoing computer, software, and program management costs. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of ordinance. ARTICLE 6.01 GENERAL PROVISIONS'* (Reserved) ARTICLE 6.02 BURGLAR AND ROBBERY ALARMS" t Division 1. Generally Sec. 6.02.001 Definitions For the purposes of this article, the following definitions shall apply unless the context clearly indicates or requires a different meaning: Alarm notification. A notification intended to summon the police, which is designed either to be initiated purposely by a person or by an alarm system that responds to a stimulus characteristic of unauthorized intrusion. (Recorded messages to any police or fire station are prohibited by law.) Alarm site. The specific property served by an alarm system that is under the control of one (1) owner, tenant or lessor. Alarm system. Any electrical, mechanical, or electronic device or assembly of equipment that emits, transmits, or relays a signal intended to summon, or that would reasonably be expected to summon, by direct or indirect means, the aid of the police services of the city. For purposes of this article, the following types of alarm systems are exempted: (1) An alarm system installed on a motor vehicle, unless the vehicle is permanently located at a site; (2) An alarm system designed to alert only the inhabitants of the premises which does not have a local alarm; (3) An alarm system installed upon premises occupied by the United States government, or the state government when they occupy property owned by the state; (4) Any alarm system designed solely to detect or give notice of fire or smoke; and (5) Any communication device not designed solely for alarm notification. Chief o (police. The chief of police of the city or the designated representative of the chief of police. Qty manager. The city manager or the designated representative of the city manager. False alarm. An alarm notification to which the city responds within thirty minutes and the - the responding officer or a subsequent investigation finds no evidence of Page 1 of 6 unauthorized intrusion or attempted unauthorized intrusion, or other illegal activity for which the alarm was intended to report. Master alarm permit. A permit issued to the owner or property manager of a residential apartment complex which provides an alarm system operated in one (1) or more of the individual residential units. The fees for a master alarm permit shall be the same as those for an alarm permit. Person. An individual, corporation, partnership, or association, organization or any legal entity. (Ordinance 95-14, sec. 1, adopted 3/7/95; Ordinance 97-65, sec. 1, adopted 12/9/97; 1978 Code, sec. 2 1/2-11) Sec. 6.02.002 Nonresponse status The police department will not respond to a permitted alarm site if the hermit holder fails to MY a false alarm penalty within 21 days of notice of same Wrye bufglar-y alafm ealls in &ny twelve month period. In sueh ease, a eeFtified letter indieafiW neamspease status v411 be nudled to the em%er-'s address as provided in the pennit appheafien and the ewneF m411 be allowed five (5) weFldng days aftef meeipt of the letter- to miastate response status. A location may irAtially be reinstated to a response status upon payment of all unpaid penalties and a fifty dollar 50.00 fee for a residential location or a seventy-five dollar ($75.00) fee for a commercial location. payment of a ofte hundmd dollar- fee. (Ordinance 95-14, sec. 1, adopted 3/7/95; Ordinance 97-65, sec. 1, adopted 12/9/97; 1978 Code, sec. 2 1/2-12; Ordinance 07-012, sec. 1, adopted 2/6/07) Sec. 6.02.003 Apartment complexes (a) The owner or property manager of an apartment complex which provides alarm services shall obtain a master alarm permit if any alarm system is operated in on the premises. (b) A tenant of an apartment complex shall obtain a permit before operating or causing the operation of an alarm system in his residential unit. (c) The permit of the tenant supersedes the master permit of the apartment complex, and the tenant is responsible for payment of fees for false alarm notifications emitted from the alarm system in the tenant's unit. The master alarm permit holder is responsible for payment of service fees for false alarm notifications emitted from unoccupied units or- whem no peffnit has been- obUdaed (d) The owner or property manager of an apartment complex shall obtain a separate alarm permit for any alarm system operated in a nonresidential area of the apartment complex, including, but not limited to, common tenant areas and office, storage and equipment areas. (Ordinance 95-14, sec. 1, adopted 3/7/95; Ordinance 97-65, sec. 1, adopted 12/9/97; 1978 Code, Page 2 of 6 sec. 2 1/2-18) Sec. 6.02.004 Policies and procedures (a) The chief of police shall institute policies and procedures to implement this article. (b) The chief of police shall publish standards of operation for alarm systems. Each permit holder will be provided copies of these standards and all changes thereto. (Ordinance 95-14, sec. 1, adopted 3/7/95; Ordinance 97-65, sec. 1, adopted 12/9/97; 1978 Code, sec. 2 1/2-19) Sec. 6.02.005 Police response (a) The response, if any, made to a signal from a permitted alarm system shall be subject to the policies and procedures of the police department and will be in accordance with the priorities set for police response. (b) The issuance of a permit authorizing the use of an alarm system is not intended to nor shall it create a contract, either express or implied, nor does it create a duty or guarantee of response by the police department. Any and all liability and consequential damages resulting from the failure to respond to a notification is hereby disclaimed and governmental immunity as provided by law is retained. (Ordinance 95-14, sec. 1, adopted 3/7/95; Ordinance 97-65, sec. 1, adopted 12/9/97; 1978 Code, sec. 2 1/2-20) Sec. 6.02.006 Operation and maintenance of alarm systems (a) A permit holder shall: (1) Maintain the premises containing an alarm system in a manner that ensures proper operation of the alarm system; (2) Maintain the alarm system in a manner that will minimize false alarm notifications; (3) Respond or cause a representative to respond within one (1) hour when notified by the city to repair or inactivate a malfunctioning alarm system, to provide access to the premises, or to provide security for the premises; (4) Not manually activate an alarm system for any reason other than occurrence of an event that the alarm system was intended to report. (b) A permit holder of a local alarm shall adjust the mechanism or cause the mechanism to be adjusted so that an alarm signal will sound for no longer than fifteen (15) minutes after being activated. Page 3 of 6 (Ordinance 95-14, sec. 1, adopted 3/7/95; Ordinance 97-65, sec. 1, adopted 12/9/97; 1978 Code, sec. 2 1/2-21) Sec. 6.02.007 Violations No person shall operate, cause to be operated or allow the operation of an alarm system: (1) Without a permit issued under the provisions of this article; (2) Without being in compliance with the procedures and provisions of this article; or (3) That automatically dials the 911 emergency communications system. (Ordinance 95-14, sec. 1, adopted 3/7/95; Ordinance 97-65, sec. 1, adopted 12/9/97; 1978 Code, sec. 2 1/2-22) Sec. 6.02.008 Penalty (a) The failure to comply with the provisions of this article is a class C misdemeanor punishable by a fine of not more than five hundred dollars ($500.00) but not less than one hundred dollars ($100.00) upon first conviction, and not less than two hundred dollars ($200.00) upon second and subsequent convictions. A person who violates a provision of this article is guilty of a separate offense for each day or portion of a day during which the violation is committed or continued. (b) For the purposes of this article a conviction is a finding of guilty or the defendant's placement on deferred disposition, deferred adjudication, or probation by a court of competent jurisdiction. (c) During the permit period, a thirty dollar ($30.00) penalty will be charged for the fourth and fifth false alarm, a fifty dollar ($50.00) penalty will be charged for the sixth and seventh false alarm, and a seventy-five dollar ($75.00) penalty will be charged each subsequent false alarm (Ordinance 95-14, sec. 1, adopted 3/7/95; Ordinance 97-65, sec. 1, adopted 12/9/97; 1978 Code, sec. 2 1/2-23; Ordinance 07-012, sec. 6, adopted 2/6/07) Secs. 6.02.009-6.02.040 Reserved Division 2. Permit Sec. 6.02.041 Application; term (a) An application for a permit shall be made by a person who owns, leases, resides at, or manages the alarm site. Page 4 of 6 (b) The application shall be submitted with a thirty-five dollar ($35.00 fee for a residential location or fifty -dollar ($50.00) fee for a commercial location -fee to the city on a form provided by the city. Any false statement made by an applicant on the application may be prosecuted as a violation of section 3 7. 10 of the Texas Penal Code (tampering with governmental record), a third degree felony. (c) An alarm permit is issued to an individual or corporate entity and is nontransferable and nonrefundable. (d) A permit shall be issued for a one-year term beginning on the date of issuance. (Ordinance 95-14, sec. 1, adopted 3/7/95; Ordinance 97-65, sec. 1, adopted 12/9/97; Ordinance 00-25, sec. 1, adopted 3/7/00; 1978 Code, sec. 2 1/2-13; Ordinance 07-012, sec. 2, adopted 2/6/07) Sec. 6.02.042 Revocation The chief of police shall revoke an alarm permit if he determines that: (1) There was a false statement made in the application for a permit. (2) Any false oral statement was made by the applicant in connection with the permit application. (Ordinance 95-14, sec. 1, adopted 3/7/95; Ordinance 97-65, sec. 1, adopted 12/9/97; 1978 Code, sec. 2 1/2-14) Sec. 6.02.043 Grounds for denial A permit may be denied for: (1) Any false statement on the application; eF (2) Any false statement by the applicant in connection with the application; or (3) Any unpaid false alarm penalties or fees. (Ordinance 95-14, sec. 1, adopted 3/7/95; Ordinance 97-65, sec. 1, adopted 12/9/97; 1978 Code, sec. 2 1/2-15; Ordinance 07-012, sec. 3, adopted 2/6/07) Sec. 6.02.044 Renewal An application to renew a permit shall be submitted to the city with a ton dollar- i$10-.003 a twenty-five dollar ($25.00) fee for a residential location or a fifty dollar$50 00) fee for a commercial location, along with full payment of all outstanding penalties and fees -fee-due on or before the expiration date on the permit. Page 5 of 6 (Ordinance 95-14, sec. 1, adopted 3/7/95; Ordinance 00-25, sec. 1, adopted 3/7/00; 1978 Code, sec. 2 1/2-16; Ordinance 07-012, sec. 4, adopted 2/6/07) Sec. 6.02.045 Appeal from denial or revocation (a) If the chief of police refuses to issue a permit or revokes a permit, the chief shall notify the applicant or holder by certified mail, return receipt requested, stating the reasons for the denial or revocation. The applicant or holder may appeal the decision by filing a notice of appeal with the chief of police. This notice setting forth the reasons for appeal must be received within ten (10) calendar days of the date of receipt of the notice of revocation or denial. The receipt of the notice of appeal will stay the revocation of the permit. If the notice of appeal is not timely, the revocation or denial is final. (b) The city manager will designate a hearings officer to hear the appeal. At the hearing the formal rules of evidence shall not apply. The hearings officer shall make his decision on the basis of a preponderance of the evidence presented. The hearings officer must render a decision within thirty (30) days after the appeal is filed. The hearings officer may affirm, reverse, or modify the action of the chief. The decision of the hearings officer is final. (c) When the city mails a notice in accordance with this section, and the United States Postal Service returns the notice marked "refused" or "unclaimed," the validity of the notice is not affected and the notice is considered delivered. (Ordinance 95-14, sec. 1, adopted 3/7/95; 1978 Code, sec. 2 1/2-17; Ordinance 07-012, sec. 5, adopted 2/6/07) Cbarter reference -Franchises and public utilities, art. XV. "f State law references -Burglar alarm systems, V.T.C.A., Local Government Code, sec. 214.191 et seq.; municipal autbority to enact ordinances regulating alarm systems, V.T.C.A., Local Government Code, sec. 233.095; Private Security Act, V.T.C.A., Occupations Code, cb. 1702. 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Mv((D 00 N 0 N v 2-11 m 2 M 0 T a) w c O .a a LD M U 0 a- ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING CHAPTER 6, SECTIONS 6.02.001, 6.02.002, 6.02.003(a) and (c), 6.02.008(c), 6.02.041(b), 6.02.043 AND 6.02.044 OF THE CODE OF ORDINANCES OF BEAUMONT, TEXAS, TO MAKE CHANGES AND ADDITIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL; AND PROVIDING A PENALTY. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. THAT Chapter 6, Section 6.02.001 of the Code of Ordinances be and the same is hereby amended by amending the definition of False alarm to read as follows: Sec. 6.02.001 Definitions False alarm. An alarm notification to which the city responds within thirty minutes and the responding officer of a subsequent investigation finds no evidence of unauthorized intrusion or attempted unauthorized intrusion, or other illegal activity for which the alarm was intended to report. Section 2. THAT Chapter 6, Section 6.02.002 of the Code of Ordinances be and the same is hereby amended to read as follows: Sec. 6.02.002 Nonresponse status The police department will not respond to a permitted alarm site if the permit holder fails to pay a false alarm penalty within 21 days of notice of same. A location may be reinstated to a response status upon payment of all unpaid penalties and a fifty dollar ($50.00) fee for a residential location or a seventy-five dollar ($75.00) fee for a commercial location. Section 3. THAT Chapter 6, Section 6.02.003, Subsection (a) and (c) of the Code of Ordinances be and the same are hereby amended to read as follows: Sec. 6.02.003 Apartment complexes (a) The owner or property manager of an apartment complex which provides alarm services shall obtain a master alarm permit if any alarm system is operated on the premises. (c) The permit of the tenant supersedes the master permit of the apartment complex, and the tenant is responsible for payment of fees for false alarm notifications emitted from the alarm system in the tenant's unit. The master alarm permit holder is responsible for payment of service fees for false alarm notifications emitted from unoccupied units. Section 4. THAT Chapter 6, Section 6.03.008 of the Code of Ordinances be and the same is hereby amended by adding new Subsection 6.02.008(c) to read as follows: Sec. 26.02.008 Penalty (c) During the permit period, a thirty dollar ($30.00) penalty will be charged for the fourth and fifth false alarm, a fifty dollar ($50.00) penalty will be charged for the sixth and seventh false alarm, and a seventy-five dollar ($75.00) penalty will be charged for each subsequent false alarm. Section 5. THAT Chapter 6, Section 6.02.041, Subsection (b) of the Code of Ordinances be and the same is hereby amended to read as follows: Sec. 06.02.041 Application; term (b) The application shall be submitted with a thirty-five dollar ($35.00) fee for a residential location or a fifty dollar ($50.00) fee for a commercial location to the city on a form provided by the city. Any false statement made by an applicant on the application may be prosecuted as a violation of section 37.10 of the Texas Penal Code (tampering with governmental record), a third degree felony. Section 6. THAT Chapter 6, Section 6.02.043 of the Code of Ordinances be and the same is hereby amended to read as follows: Sec. 6.02.043 Grounds for denial A permit may be denied for: (1) Any false statement on the application; (2) Any false statement by the applicant in connection with the application; or (3) Any unpaid false alarm penalties or fees. Section 7. THAT Chapter 6, Section 6.02.044 of the Code of Ordinances be and the same is hereby amended to read as follows: Sec. 6.02.044 Renewal An application to renew a permit shall be submitted to the city with a twenty-five dollar ($25.00) fee for a residential location or a fifty dollar ($50.00) fee for a commercial location, along with full payment of all outstanding penalties and fees, on or before the expiration date on the permit. Section 8. That if any section, subsection, sentence, clause of phrase of this ordinance, or the application of same to a particular set of persons or circumstances, should for any reason be held to be invalid, such invalidity shall not affect the remaining portions of this ordinance, and to such end, the various portions and provisions of this ordinance are declared to be severable. Section 10. That all ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only. Section 11. 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 30th day of October, 2012. - Mayor Becky Ames - October 30, 2012 Consider a resolution authorizing the City Manager to receive funding through the Department of Homeland Security Supplemental 2012 Port Security Grant Program RICH WITH OPPORTUNITY 11EAUMON 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 October 30, 2012 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to receive funding in the amount of $1,452,525 through the Department of Homeland Security Supplemental 2012 Port Security Grant Program (PSGP). I tITei "C"ZIT1110 F, The Homeland Security Grant Program consists of a number of grant programs, one of which is the Port Security Grant Program (PSGP). Because the Port is designated as critical to national infrastructure, this grant can be utilized to enhance the security of the Port of Beaumont and the agencies that support it. The projects total $1,936,700, with approximately $170,200 intended for replacement of obsolete tactical protective gear, which includes body armor and ballistic shields; $1,000,000 for the first phase of repeater upgrades to meet the P-25 compliance deadline of 2015 in accordance with state and federal mandates; $100,000 to expand the license plate reader system to enhance investigations, $17,000 for a mobile fingerprint scanner to aid in suspect identification by having a scanner at the scene; $279,000 to replace 62 obsolete toughbooks for mobile data computers in first responder vehicles; $70,500 for additional technology and audiovisual equipment for the EOC, which includes projectors, screens and monitors; and $300,000 to complete the first phase of the third floor renovation project for the Municipal Court and EOC facility that will allow for additional sheltering space for first responders and essential City personnel during a hurricane. A 25% local match totaling $484,175 is required. FUNDING SOURCE Capital Reserve Fund, with $176,500 in FY 2013 and $307,675 in FY 2014. RECOMMENDATION Approval of resolution. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to receive funding in the amount of $1,452,525 through the Department of Homeland Security Supplemental 2012 Port Security Grant Program (PSGP) BE IT FURTHER RESOLVED THAT the City Manager be and he is hereby authorized to execute all documents necessary to accept grant funding through the Department of Homeland Security Supplemental 2012 Port Security Grant Program (PSGP) in the amount of $1,452,525. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 30th day of October, 2012. - Mayor Becky Ames - 11 October 30, 2012 Consider a resolution authorizing the City Manager to execute an Interlocal Agreement with Jefferson County Drainage District No. 6 for the Hike & Bike Trail Phase II-Dowlen Road to Major Drive RICH WITH OPPORTUNITY BEAUMDN* T • E • X • A • 8 City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager Pp. PREPARED BY: Patrick Donart, Public Works Director MEETING DATE: October 30, 2012 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to execute an Interlocal Agreement with Jefferson County Drainage District No. 6 for the Hike & Bike Trail Phase II — Dowlen Road to Major Drive. BACKGROUND The City of Beaumont executed an agreement with the Texas Department of Transportation (TxDOT) for a Transportation Enhancement project to build a bike -pedestrian 2.1 mile path between Delaware and Folsom in September 2011. In early 2012, it was deemed our original route would not work for all parties involved Staff worked with TxDOT and Drainage District No. 6 to relocate the route between Dowlen Road and Major Drive. The project is currently in our Capital Program as the Hike & Bike Trail Phase lI — Delaware to Folsom. The proposed Interlocal Agreement with Drainage District No. 6 is for the route between Dowlen Road and Major Drive. The route enters the District's property at the southeast corner of Major Drive and Folsom Drive and exits their property near the intersection Dowlen Road and Metropolitan Drive. Under terms of the proposed agreement (see attached), the City will be responsible for maintaining the path as we do for the Gulf Terrace Hike and Bike Trail located between Dishman Road and Phelan Boulevard. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of resolution. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to execute an Interlocal Agreement with Jefferson County Drainage District No. 6 for the Hike & Bike Trail Phase II - Dowlen Road to Major Drive Project. The 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 30th day of October, 2012. - Mayor Becky Ames - INTERLOCAL AGREEMENT TAE CITY OF BEAUMONT AND JEFFERSON COUNTY DRAINAGE DISTRICT No. 6 HIKE AND Bna TRAIL PHASE H (Dowlen to Major Drive) STATE OF TEXAS § COUNTY OF JEFFERSON § This Hike and Bike Trail -Phase II Interlocal Agreement is made by and between the CITY OF BEAUMONT, a home rule City of the State of Texas (hereinafter called "City") and JEFFERSON COUNTY DRAINAGE DISTRICT NO. 6, a special district of the State of Texas (hereinafter called "District") under authority of the interlocal Cooperation Act, Chapter 791 of the Texas Government Code. WHEREAS, the City desires to install a 2.1 mile hike and bike trail with 1.8 miles of this 2.1 mile trail being on District property known as Detention Basin "A." Phase II of said hike and bike trail will enter the District's property near the northwest corner of the District's Detention Basin "A," near the southeast corner of the intersection of Major Drive and Folsom Drive, Beaumont, Texas, and will exit the District's property near the southeast corner of Detention Basin "A" at Metropolitan Drive, Beaumont, Texas. WHEREAS, in conjunction with the construction of this 2.1 mile hike and bike trail (Phase II), a parking lot will also be constructed on the District's property south of Folsom Drive, at the northwest corner of the District's Detention Basin "A." THEREFORE, the City and the District agree as follows: WITNESSETH The City and the District have agreed to the responsibilities of this project on the following basis: 1. The City will be responsible for all costs of engineering, design, coordination (to include bidding, letting of materials and construction contracts), construction, and project management for this project. INTERLOCAL AGREEMENT — HIKE & BIKE TRAIL PHASE II City of Beaumont and Jefferson County Drainage District No. 6 Page 1 or 2 EXHIBIT "A" 2. The City will be responsible for the maintenance of the hike and bike trail, the parking lot and vegetation control within five (5) feet of each side of the trail and parking lot. 3. The District will be shown as an additional name insured on the contractor's insurance policy during construction of the trail, with full indemnification provided to the District by the contractor. 4. The cost of relocation of city owned utility lines and structures, if any, will be borne by the City. 5. The District will be responsible for conveying a 4.438 acre easement for the trail and a 0.2752 easement for access and the parking lot, described in Exhibit "A" and shown on Exhibit `B" attached hereto for reference, to the City for the purpose of constructing and maintaining the 2.1 mile trail, access area and parking lot included in Phase II of the Hike and Bike Trail. EXECUTED this day of ATTEST: By: City Clerk ATTEST: By: William F. Miranda, Secretary F �r, 2012. CITY OF BEAUMONT By: City Manager JEFFERSON COUNTY DRAINAGE DISTRICT NO.6 INTERLOCAL AGREEMENT — HIKE & BIKE TRAIL PHASE II City of Beaumont and Jefferson County Drainage District No. 6 Sam O. Smith, President Page 2 or 2 12 October 30, 2012 Consider amending Section 20.03.004 of the Code of Ordinances related to the locations and limits of school speed zones RICH WITH OPPORTUNTITY BEAUMON* T• E- X- A• S TO: City Council Agenda Item City Council FROM: Kyle Hayes, City Manager Q q. PREPARED BY: Patrick Donart, Public Works Director MEETING DATE: October 30, 2012 REQUESTED ACTION: Council consider an ordinance amending Section 20.03.004, Spged limits decreased in school zones, of the Code of Ordinances that would update the locations and limits of school speed zones. BACKGROUND The Public Works Department/Transportation Division has recently completed a comprehensive review of all the school related traffic control devices citywide. -As a part of this review all 79 school zones located within the city limits were reviewed for compliance with the latest criteria as set forth in the Texas Manual of Uniform Traffic Control devices. Changes in the manual's criteria, coupled with the modifications being implemented by the Beaumont Independent School District as a part of new school construction, have resulted in the need to alter the existing school speed zone boundaries, or add new zones, at approximately half of the school zones as set forth in the Code of Ordinances. It is recommended that the existing schedules A through G for a reduced speed limit within a school zone listed in the Code of Ordinances be replaced with the schedules detailed below: Schedule A In accordance with this section, and when signs are erected giving notice thereof, the prima facie speed limit shall be twenty (20) miles per hour in the following zones between the hours of 7:30 a.m. to 9:00 a.m. and 3:00 p.m. to 4:15 p.m., Monday through Friday on school days: Street Dlrection of Travel Limits Arthur Street F.& W From a point 65 feet west of the centerline Schedule A (continued) Street Direction of Travel Limits Avenue E N&S From a point 200 feet north of the centerline of Gilbert Street to the centerline of Gilbert Street. Avenue F N&S From a point 40 feet north of the centerline of Gilbert Street to a point 40 feet north of the centerline of Franklin Street. Berkshire Lane N&S From the centerline of North Caldwood Drive to a point 65 feet north of the centerline of Stratton Lane. Blanchette Street E&W From a point 35 feet east of the centerline of 6th Street to a point 50 feet west of the centerline of Condon Street. Blanchette Street E&W From a point 45 feet west of the centerline of Avenue A to a point 45 feet east of the centerline of Avenue C. Brooklyn Street N&S From a point 40 feet north of the centerline of Cuniff Avenue to a point 225 feet north of the centerline of Lincoln Street. Calder Avenue E&W From a point 200 feet east of the centerline of Twenty -Fourth Street to a point 445 feet west of the centerline of Twenty -Fourth Street. North Caldwood Drive E&W From a point 300 feet east of the centerline of East Caldwood Drive to the centerline of Berkshire Lane. North Circuit Drive E&W From the centerline of Peyton Drive to a point 225 feet east of the centerline of Belvedere Parkway. Cleveland Street E&W From a point 225 feet south of the centerline of Ives Street to a point 225 feet north of the centerline of Arthur Street. Schedule A (continued) Street Direction of Travel Limits College Street E&W From a point 40 feet east of the centerline of Avenue E to a point 295 feet west of the centerline of Avenue F. Corley Street E&W From a point 425 feet east of the centerline of Eight Street to a point 330 west of the centerline of Eight Street. Cuniff Avenue E&W From the centerline of Irving Street to the center line of Brooklyn Street. Fourth Street N&S From a point 220 feet north of the centerline of West Virginia Street to a point 180 feet south of the centerline of West Virginia Street. Franklin Street E&W From a point 40 feet west of the centerline of Avenue E to a point 275 feet west of the centerline of Avenue F. Gilbert Street E&W From a point 35 feet east of the centerline of Avenue F to a point 50 feet west of the centerline of Avenue E. Griffing Road E&W From the centerline of Old Voth Road to a point 1005 feet west of Old Voth Road. Goliad Street N&S From a point 180 feet north of the centerline of Lela Street to a point 180 feet south of the centerline of Sarah Street. Highland Avenue N&S From a point 150 feet south of the centerline of Nolan Street to a point 50 feet south of the centerline of Clark Street. Homer Drive N&S From a point 40 feet east of the centerline of House Road to the Beaumont Independent School District boundary of Homer Elementary. Schedule A (continued) Street Direction of Travel Limits Howell Street N&S From a point 50 feet north of the centerline of Derby Street to a point 125 feet south of the centerline of Regina Lane. Irving Street E&W From a point 50 feet north of the centerline of Cuniff Avenue to a point 50 feet north of the centerline of Schwarner Street. Jackson Street E&W From a point 45 feet west of the centerline of Brooklyn Street to the center line of Irving Street. Lavaca Street E&W From a point 50 feet west of the centerline of Sullivan Street to a point 50 feet east of the centerline of Lakner Street. Lela Street E&W From a point 25 feet west of the centerline of Usan Street to a point 150 feet west of the centerline of Goliad Street. East Lucas Drive E&W From a point 420 feet east of the centerline of Windsor Street to a point 325 feet west of the centerline of Windsor Street. Lyle Street E&W From a point 35 feet east of the centerline of Victoria Street to a point 40 feet east of the centerline of Avenue A. Magnolia Avenue N&S From a point 400 feet south of the centerline of Trinidad Street to a point 50 feet south of the centerline of East Lucas Drive. Magnolia Avenue N&S From a point 80 north of the centerline of Delaware Street to a point 50 south of the centerline of Prince Street. Martin Street E&W From a point 65 feet east of the centerline of Pine Street to a point 50 feet west of the centerline of Taliaferro Drive. Schedule A (continued) Street Direction of Travel Limits Milam Street E&W From a point 65 feet east of the centerline of Avenue E to a point 40 feet east of the centerline of Avenue F. Orange Street N&S From a point 250 feet south of the centerline of Emma Street to a point 180 feet north of the centerline of Bolivar Street. Peyton Drive N&S From a point 50 feet south of the centerline of Wynden Way to the centerline of North Circuit Drive. Pine Street N&S From a point 50 feet south of the centerline of Pollard Street to a point 30 feet south of the centerline of Hill Street. Pope Street E&W From a point 105 feet west of the centerline of Quinn Street to a point 30 east of the centerline of Renaud Street. Regina Lane E&W From a point 275 feet east of the centerline of Howell Street to a point 650 feet west of the centerline of Howell Street. Sarah Street E&W From a point 250 feet east of the centerline of Usan Street to a point 250 feet west of the centerline Goliad Street. St. Helena Street N&S From a point 250 feet south of the centerline of Pope Street to a point 250 feet north from the centerline of Pope Street. Taft Street E&W From a point 220 feet west of the centerline of Cleveland Street to the centerline of Cleveland Street. Usan Street N&S From the centerline of West Virginia Street to a point 50 feet north of the centerline of Lela Street. Schedule A (continued) Street Direction of Travel Limit Victoria Street N&S From a point 35 feet south of the centerline of Lyle Street to a point 220 feet north of the centerline of Bolivar Lane. East Virginia Street E&W From the centerline of Highland Avenue to a point 225 feet west of the centerline of Hartel Street. West Virginia Street E&W From a point 180 feet west of the centerline of Goliad Street to a point 50 feet west of the centerline of Usan Street. Old Voth Road N&S From a point 150 feet north of the centerline of Lawrence Drive to a point 100 feet south of the centerline of Griffing Road. Walden Road E&W From a point 500 feet west of the centerline of Champions Drive to a point 500 feet east of the centerline of Champions Drive. Warren Street N&S From a point 145 feet north of the centerline of Bender Street to the centerline of Sarah Street. Westgate Drive E&W From the centerline of Peyton Drive to a point 30 feet east of the centerline of Ivy Lane. White Oak Lane N&S From a point 40 feet south of the centerline of Lawrence Drive to the Beaumont Independent School District Boundary of Homer Elementary School. Woodrow Street E&W From the centerline of Grandberry Street to a point 30 feet west of the centerline of Maddox Street. Schedule B In accordance with this section, and when signs are erected giving notice thereof, the prima facie speed limit shall be twenty (20) miles per hour in the following zones between the hours of 7:30 a.m. and 9:00 a.m. and 3:30 p.m. and 4:30 p.m., Monday through Friday on school days: Street Direction of Travel Limits Avenue A N&S From a point 250 feet north of the centerline of Blanchette Street to a point 250 feet north of the centerline of Craig Street. Avenue C N&S From a point 250 feet north of the centerline of Blanchette Street to a point 250 feet north of the centerline of Craig Street. Austin Street N&S From a point 170 feet west of the centerline of Driskill Street to a point 30 feet west of the centerline of Eastex Freeway west service road. Blanchette Street E&W From a point 45 feet west of the centerline of Avenue A to a point 45 feet east of the centerline of Avenue C. Concord Road N&S From a point 400 feet north of the centerline of Carlisle Drive to a point 225 feet south of the centerline of Pinkston Street. Craig Street E&W From a point 45 feet west of the centerline of Avenue A to a point 45 feet east of the centerline of Avenue C. Schedule C In accordance with this section and when signs are erected giving notice thereof, the prima facie speed limit shall be twenty (20) miles per hour in the following zones between the hours of 6:45 a.m. and 8:15 a.m. and 2:15 p.m. and 3:45 p.m., Monday through Friday on school days: Street Direction of Travel Limits Fannett Road N&S From a point 650 west of the centerline of (S.H. 124) Westmoreland Street to a point 250 feet east of the centerline of Fifth Street. Schedule C (continued) Fourth Street N&S From a point 100 feet north of the centerline of Southerland Street to a point 90 feet south of the centerline of Glenwood Avenue. Jaguar Drive N&S From the centerline of South Street to the centerline of Smart Street. Phelan Boulevard E&W From a point 1,150 feet west of the centerline of Major Drive (FM 364) to a point 2,830 feet west of Smart Street. South Street E&W From a point 250 feet west of the centerline of Oxford Street to a point 300 feet east of the centerline of Jaguar Street. Schedule D In accordance with this section and when signs are erected giving notice thereof, the prima facie speed limit shall be twenty (20) miles per hour in the following zones between the hours of 7:45 a.m. and 9:15 a.m. and 3:00 p.m. and 4:30 p.m., Monday through Friday on school days: Street Direction of Travel Limits Carlisle Drive N&S From a point 55 feet south of the centerline of Concord Road to a point 40 feet north of French Road. Dowlen Road N&S From a point 165 feet north of the centerline of Gladys to a point 300 feet south of the centerline of Westgate. Drennan Road E&W From a point 80 feet east of the centerline of Major Drive to the center line of Trojan Drive. Eldridge Drive N&S From a point 45 feet south of the centerline of McLean Street to a point 70 feet north of the centerline of Coburn Drive. Gladys Avenue E&W From the centerline of Dowlen Road to a point 175 feet east of Wood Park Street. Schedule D (continued) Street Direction of Travel Limits Major Drive N&S From a point 50 feet north of the centerline of Braeburn Lane to a point 100 feet north of the centerline of Morgan Lane. McLean Street E&W From a point 225 feet west of the centerline of Trojan Drive to a point 35 feet east of the centerline of Eldridge Drive. Sarah Street E&W From a point 250 feet east of the centerline of Usan Street to a point 250 feet west of the centerline of Goliad Street. Trojan Drive N&S From the centerline of McLean Street to the centerline of Drennan Road. Schedule E In accordance with this section and when signs are erected giving notice thereof, the prima facie speed limit shall be twenty (20) miles per hour, in the following zones between the hours of 7:00 a.m. and 8:30 a.m. and 2:45 p.m. and 3:45 p.m., Monday through Friday on school days: Street Direction of Travel Limits Delaware Street E&W From a point 30 feet east of the centerline of Briarcliff Drive to a point 280 feet east of the centerline of West Lucas Drive. Fatima Street E&W From a point 330 feet south of the centerline of Elmira Street to the centerline of Sarah Street. Forsythe Street E&W From a point 115 feet east of the centerline of Jefferson Street to a point 170 feet west of the centerline of Archie Street. Liberty Avenue W From a point 50 feet west of the centerline of Eleventh Street to a point 50 feet west of the centerline of Thirteenth Street. Sarah Street E&W From the centerline of Fatima Street to a point 250 feet west of the centerline of Winston Drive. Schedule F In accordance with this section and when signs are erected giving notice thereof, the prima facie speed limit will be twenty (20) miles per hour in the following zones between the hours of 7:45 a.m. to 9:15 a.m. and 2:00 p.m. to 3:30 p.m., Monday through Friday on school days: Street Direction of Travel Limits Florida Avenue E&W From a point 65 feet west of the centerline of Kenneth Street to a point 375 feet east of the centerline of Highland Avenue. South Kenneth Street N&S From a point 35 feet south of the centerline of Florida Avenue to a point 50 feet north of the centerline of Winfree Street. Highland Avenue N&S From a point 375 feet north of the centerline of Florida Avenue to a point 375 feet south of the centerline of Florida Avenue. Schedule G In accordance with this section and when signs are erected giving notice thereof, the prima facie speed limit will be thirty-five (35) miles per hour in the following zones between the hours of 7:15 a.m. to 9:00 a.m. and 2:15 p.m. to 4:00 p.m., Monday through Friday on school days: Street Direction of Travel S.H. 105 E&W FUNDING SOURCE Not applicable. RECOMMENDATION Approval of ordinance. Limits From a point 280 feet east of the centerline of Deerfield Drive to a point 785 feet west of the centerline of Windswept Drive. ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING CHAPTER 20, SECTION 20.03.004 BY AMENDING SCHEDULES A, B, C, D, E, F AND G OF THE CODE OF ORDINANCES OF BEAUMONT, TEXAS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL; AND PROVIDING A PENALTY. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. THAT Chapter 20, Section 20.03.004, Schedules A, B, C, D, E, F and G of the Code of Ordinances of the City of Beaumont, be and the same are hereby amended to read as follows: Schedule A In accordance with this section, and when signs are erected giving notice thereof, the prima facie speed limit shall be twenty (20) miles per hour in the following zones between the hours of 7:30 a.m. to 9:00 a.m. and 3:00 p.m. to 4:15 p.m., Monday through Friday on school days: Street Direction of Travel Limits Arthur Street E&W From a point 65 feet west of the centerline of Overbrook Lane to the centerline of Cleveland Street. Avenue E N&S From a point 200 feet north of the centerline of Gilbert Street to the centerline of Gilbert Street. Avenue F N&S From a point 40 feet north of the centerline of Gilbert Street to a point 40 feet north of the centerline of Franklin Street. Berkshire Lane N&S From the centerline of North Caldwood Drive to a point 65 feet north of the centerline of Stratton Lane. Blanchette Street E&W From a point 35 feet east of the centerline of 6th Street to a point 50 feet west of the centerline of Condon Street. Blanchette Street E&W From a point 45 feet west of the centerline of Avenue A to a point 45 feet east of the centerline of Avenue C. Schedule A (continued) Street Direction of Travel Limits Brooklyn Street N&S From a point 40 feet north of the centerline of Cuniff Avenue to a point 225 feet north of the centerline of Lincoln Street. Calder Avenue E&W From a point 200 feet east of the centerline of Twenty -Fourth Street to a point 445 feet west of the centerline of Twenty -Fourth Street. North Caldwood Drive E&W From a point 300 feet east of the centerline of East Caldwood Drive to the centerline of Berkshire Lane. North Circuit Drive E&W From the centerline of Peyton Drive to a point 225 feet east of the centerline of Belvedere Parkway. Cleveland Street E&W From a point 225 feet south of the centerline of Ives Street to a point 225 feet north of the centerline of Arthur Street. College Street E&W From a point 40 feet east of the centerline of Avenue E to a point 295 feet west of the centerline of Avenue F. Corley Street E&W From a point 425 feet east of the centerline of Eight Street to a point 330 west of the centerline of Eight Street. CuniffAvenue E&W From the centerline of Irving Street to the center line of Brooklyn Street. Fourth Street N&S From a point 220 feet north of the centerline of West Virginia Street to a point 180 feet south of the centerline of West Virginia Street. Franklin Street E&W From a point 40 feet west of the centerline of Avenue E to a point 275 feet west of the centerline of Avenue F. Gilbert Street E&W From a point 35 feet east of the centerline of Avenue F to a point 50 feet west of the centerline of Avenue E. Griffing Road E&W From the centerline of Old Voth Road to a point 1005 feet west of Old Voth Road. Goliad StreetN&S From a point 180 feet north of the centerline of Lela Street to a point 180 feet south of the centerline of Sarah Street. Schedule A (continued) Street Direction of Travel Limits Highland Avenue N&S From a point 150 feet south of the centerline of Nolan Street to a point 50 feet south of the centerline of Clark Street. Homer Drive N&S From a point 40 feet east of the centerline of House Road to the Beaumont Independent School District boundary of Homer Elementary. Howell Street N&S From a point 50 feet north of the centerline of Derby Street to a point 125 feet south of the centerline of Regina Lane. Irving Street E&W From a point 50 feet north of the centerline of Cuniff Avenue to a point 50 feet north of the centerline of Schwarner Street. Jackson Street E&W From a point 45 feet west of the centerline of Brooklyn Street to the center line of Irving Street. Lavaca Street E&W From a point 50 feet west of the centerline of Sullivan Street to a point 50 feet east of the centerline of Lakner Street. Lela Street E&W From a point 25 feet west of the centerline of Usan Street to a point 150 feet west of the centerline of Goliad Street. East Lucas Drive E&W From a point 420 feet east of the centerline of Windsor Street to a point 325 feet west of the centerline of Windsor Street. Lyle Street E&W From a point 35 feet east of the centerline of Victoria Street to a point 40 feet east of the centerline of Avenue A. Magnolia Avenue N&S From a point 400 feet south of the centerline of Trinidad Street to a point 50 feet south of the centerline of East Lucas Drive. Magnolia Avenue N&S From a point 80 north of the centerline of Delaware Street to a point 50 south of the centerline of Prince Street. Martin Street E&W From a point 65 feet east of the centerline of Pine Street to a point 50 feet west of the centerline of Taliaferro Drive. Milam Street E&W From a point 65 feet east of the centerline of Avenue E to a point 40 feet east of the centerline of Avenue F. Schedule A (continued) Street Direction of Travel Limits Orange Street N&S From a point 250 feet south of the centerline of Emma Street to a point 180 feet north of the centerline of Bolivar Street. Peyton Drive N&S From a point 50 feet south of the centerline of Wynden Way to the centerline of North Circuit Drive. Pine Street N&S From a point 50 feet south of the centerline of Pollard Street to a point 30 feet south of the centerline of Hill Street. Pope Street E&W From a point 105 feet west of the centerline of Quinn Street to a point 30 east of the centerline of Renaud Street. Regina Lane E&W From a point 275 feet east of the centerline of Howell Street to a point 650 feet west of the centerline of Howell Street. Sarah Street E&W From a point 250 feet east of the centerline of Usan Street to a point 250 feet west of the centerline Goliad Street. St. Helena Street N&S From a point 250 feet south of the centerline of Pope Street to a point 250 feet north from the centerline of Pope Street. Taft Street E&W From a point 220 feet west of the centerline of Cleveland Street to the centerline of Cleveland Street. Usan Street N&S From the centerline of West Virginia Street to a point 50 feet north of the centerline of Lela Street. Victoria Street N&S From a point 35 feet south of the centerline of Lyle Street to a point 220 feet north of the centerline of Bolivar Lane. East Virginia Street E&W From the centerline of Highland Avenue to a point 225 feet west of the centerline of Hartel Street. West Virginia Street E&W From a point 180 feet west of the centerline of Goliad Street to a point 50 feet west of the centerline of Usan Street. Schedule A (continued) Street Direction of Travel Limits Old Voth Road N&S From a point 150 feet north of the centerline of Lawrence Drive to a point 100 feet south of the centerline of Griffing Road. Walden Road E&W From a point 500 feet west of the centerline of Limits Champions Drive to a point 500 feet east of the N&S centerline of Champions Drive. Warren Street N&S From a point 145 feet north of the centerline of Blanchette Street to a point 250 feet north of the Bender Street to the centerline of Sarah Street. Westgate Drive E&W From the centerline of Peyton Drive to a point 30 Avenue C feet east of the centerline of Ivy Lane. White Oak Lane N&S From a point 40 feet south of the centerline of Lawrence Drive to the Beaumont Independent School District Boundary of Homer Elementary centerline of Craig Street. School. Woodrow Street E&W From the centerline of Grandberry Street to a point 30 feet west of the centerline of Maddox Street. Schedule B In accordance with this section, and when signs are erected giving notice thereof, the prima facie speed limit shall be twenty (20) miles per hour in the following zones between the hours of 7:30 a.m. and 9:00 a.m. and 3:30 p.m. and 4:30 p.m., Monday through Friday on school days: Street Direction of Travel Limits Avenue A N&S From a point 250 feet north of the centerline of Blanchette Street to a point 250 feet north of the centerline of Craig Street. Avenue C N&S From a point 250 feet north of the centerline of Blanchette Street to a point 250 feet north of the centerline of Craig Street. Austin Street N&S From a point 170 feet west of the centerline of Driskill Street to a point 30 feet west of the centerline of Eastex Freeway west service road. Blanchette Street E&W From a point 45 feet west of the centerline of Avenue A to a point 45 feet east of the centerline of Avenue C. Schedule B (continued) Street Direction of Travel Concord Road N&S Craig Street E&W Limits From a point 400 feet north of the centerline of Carlisle Drive to a point 225 feet south of the centerline of Pinkston Street. From a point 45 feet west of the centerline of Avenue A to a point 45 feet east of the centerline of Avenue C. Schedule C In accordance with this section and when signs are erected giving notice thereof, the prima facie speed limit shall be twenty (20) miles per hour in the following zones between the hours of 6:45 a.m. and 8:15 a.m. and 2:15 p.m. and 3:45 p.m., Monday through Friday on school days: Street Direction of Travel Limits Fannett Road N&S From a point 650 west of the centerline of (S.H. 124) Westmoreland Street to a point 250 feet east of the centerline of Fifth Street. Fourth Street N&S From a point 100 feet north of the centerline of Southerland Street to a point 90 feet south of the centerline of Glenwood Avenue. Jaguar Drive N&S From the centerline of South Street to the centerline of Smart Street. Phelan Boulevard E&W From a point 1,150 feet west of the centerline of Major Drive (FM 364) to a point 2,830 feet west of Smart Street. South Street E&W From a point 250 feet west of the centerline of Oxford Street to a point 300 feet east of the centerline of Jaguar Street. Schedule D In accordance with this section and when signs are erected giving notice thereof, the prima facie speed limit shall be twenty (20) miles per hour in the following zones between the hours of 7:45 a.m. and 9:15 a.m. and 3:00 p.m. and 4:30 p.m., Monday through Friday on school days: Street Direction of Travel Limits Carlisle Drive N&S From a point 55 feet south of the centerline of Concord Road to a point 40 feet north of French Road. Schedule D (continued) Street Direction of Travel Limits Dowlen Road N&S From a point 165 feet north of the centerline of Gladys to a point 300 feet south of the centerline of Westgate. Drennan Road E&W From a point 80 feet east of the centerline of Major Drive to the center line of Trojan Drive. Eldridge Drive N&S From a point 45 feet south of the centerline of McLean Street to a point 70 feet north of the centerline of Coburn Drive. Gladys Avenue E&W From the centerline of Dowlen Road to a point 175 feet east of Wood Park Street. Major Drive N&S From a point 50 feet north of the centerline of Braeburn Lane to a point 100 feet north of the centerline of Morgan Lane. McLean Street E&W From a point 225 feet west of the centerline of Trojan Drive to a point 35 feet east of the centerline of Eldridge Drive. Sarah Street E&W From a point 250 feet east of the centerline of Usan Street to a point 250 feet west of the centerline of Goliad Street. Trojan Drive N&S From the centerline of McLean Street to the centerline of Drennan Road. Schedule E In accordance with this section and when signs are erected giving notice thereof, the prima facie speed limit shall be twenty (20) miles per hour, in the following zones between the hours of 7:00 a.m. and 8:30 a.m. and 2:45 p.m. and 3:45 p.m., Monday through Friday on school days: Street Direction of Travel Delaware Street E&W Fatima Street E&W Forsythe Street E&W Limits From a point 30 feet east of the centerline of Briarcliff Drive to a point 280 feet east of the centerline of West Lucas Drive. From a point 330 feet south of the centerline of Elmira Street to the centerline of Sarah Street. From a point 115 feet east of the centerline of Jefferson Street to a point 170 feet west of the centerline of Archie Street. Schedule E (continued) Street Direction of Travel Liberty Avenue W Sarah Street E&W Limits From a point 50 feet west of the centerline of Eleventh Street to a point 50 feet west of the centerline of Thirteenth Street. From the centerline of Fatima Street to a point 250 feet west of the centerline of Winston Drive. Schedule F In accordance with this section and when signs are erected giving notice thereof, the prima facie speed limit will be twenty (20) miles per hour in the following zones between the hours of 7:45 a.m. to 9:15 a.m. and 2:00 p.m. to 3:30 p.m., Monday through Friday on school days: Street Direction of Travel Limits Florida Avenue E&W From a point 65 feet west of the centerline of Kenneth Street to a point 375 feet east of the centerline of Highland Avenue. South Kenneth Street N&S From a point 35 feet south of the centerline of Florida Avenue to a point 50 feet north of the centerline of Winfree Street. Highland Avenue N&S From a point 375 feet north of the centerline of Florida Avenue to a point 375 feet south of the centerline of Florida Avenue. Schedule G In accordance with this section and when signs are erected giving notice thereof, the prima facie speed limit will be thirty-five (35) miles per hour in the following zones between the hours of 7:15 a.m. to 9:00 a.m. and 2:15 p.m. to 4:00 p.m., Monday through Friday on school days: Street Direction of Travel Limits S.H. 105 E&W From a point 280 feet east of the centerline of Deerfield Drive to a point 785 feet west of the centerline of Windswept Drive. Section 2. That if any section, subsection, sentence, clause of phrase of this ordinance, or the application of same to a particular set of persons or circumstances, should for any reason be held to be invalid, such invalidity shall not affect the remaining portions of this ordinance, and to such end, the various portions and provisions of this ordinance are declared to be severable. Section 3. That all ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only. Section 4. That any person who violates any provision of this ordinance shall, upon conviction, be punished, as provided in Section 1.01.009 of the Code of Ordinances of Beaumont, Texas. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 30th day of October, 2012. - Mayor Becky Ames - 13 October 30, 2012 Consider a resolution approving the purchase of six reconditioned solar powered mixers for use at the Wastewater Treatment Plant RICH WITH OPPORTUNITY BEA,IIMON* T• E• S• A• S TO: FROM: PREPARED BY: MEETING DATE: City Council Agenda Item City Council Kyle Hayes, City Manager Dr. Hani J. Tohme, P.E., Water Utilities Director October 30, 2012 REQUESTED ACTION: Council consider a resolution approving the purchase of six (6) reconditioned solar powered mixers from SolarBee of Dickinson, North Dakota in the amount of $250,000. BACKGROUND The State issued discharge permit for 46 million gallons a day requires the treated wastewater to contain a 2 mg/liter dissolved oxygen concentration prior to discharging it in the manmade wetlands for final polishing. Currently, oxygen is injected into the treated wastewater using a network of electrical aerators installed in the ponds. The installation of the proposed solar powered mixers will be the first step toward replacing the existing 20 electrically driven aerators whose purpose can be accomplished with a total of 12 solar powered units. In addition to providing the required oxygen concentration, the SolarBee mixers will reduce the energy consumption, minimize maintenance needs, and enhance ammonia reduction. Original pricing was obtained in the bidding of the Wastewater Treatment Plant Holding Pond Project and Dredging of Ponds 1 and 2 Project that was awarded to Brystar Contracting, Inc. in March 2012. The bid tabulation included an Additive Bid Item for purchasing 12 solar mixers. However, the Additive Bid Item was not awarded with the project because the cost was $60,500 per unit. The price for the proposed purchase of six (6) reconditioned sole source SolarBee model SB 10000 v18R solar powered mixers is $200,000 and provides for a 5 -year Service Program for $50,000. Purchasing the reconditioned units will save $27,166 per unit from the original bid price while sustaining the manufacturer's warranties. The purchase price includes equipment, delivery, installation, and startup. The 5 -year Service Program includes maintenance, labor and parts in case of failures and software/hardware upgrades as they become available. FUNDING SOURCE Capital Program. RECOMMENDATION Approval of resolution. 89�5e' XGridBee Main Office and Service Center Bert A. HIM, Regional Manager Medora Corporation • 3225 Hwy 22 • Dickinson, ND • 58601 11660 Zenobia Ct • Westminster, CO.80031 +1 (701) 225-4495 - Fax (701) 225-0002 - www.medoraco.com +1 (303) 955-7914 • bert@medoraco.com Sole Source Justification for Sole Source Procurement of SolarE" Technology for Wastewater Pond Systems as of 3-1-2010 The following is a list of itemstfeatures that only SolarBee technology In Reservoir Treatment Solar - Powered Circulation Equipment can provide: (No other technology has these capabilities. The following capabilities are important/critical to wastewater/odor control applications) A. Continuous Operation Equipment. The solar -powered circulation equipment shall operate continuously, all day and all night, during all seasons including winter and extended overcast conditions, 365 days per year. Continuous operation when used in this section shall be defined as operating a minimum of 97% of the total hours during the course of one year, on solar power, without reliance on any connection to the A.C. power grid. It is critical/important the equipment provide the circulation/treatment 24 hrs per day 365 days per vear. No other solar -powered circulation technology can provide this ca_pabili B. Factory Startup Services. Delivery, installation and startup services shall be included in the bid, and performed by full time factory employees experienced in the operation of this equipment and who have completed OSHA safety training applicable to this type of installation. Installation personnel shall have received job -specific safety training on (a) Working over Water, (b) Boating Safety, (c) Disinfecting Procedures, (d) Confined Space Entry, (e) Fall Protection, and (f) DOT Compliance. No other circulation technology offers Factory employed Installation/Service Crews. C. Warranty. The circulation equipment shall be warranted to be free of defects in materials and workmanship for a period of 2 years. In addition the motor shall be warranted for a period of 10 years, and the photovoltaic modules for 25 years. Warranty includes labor costs and freight costs. No other circulation technology offers this extensive warranty. D. Stainless Steel Construction. The circulation equipment shall be constructed solely of Type 316 stainless steel metal for strength and superior corrosion resistance. Each machine shall also undergo a passivation bath, also known as stainless steel pickling, to restore corrosion resistance to the welds and other areas of imperfections. Other grades of stainless steel such as 304SS can corrode over time, shortenina the life of the eauipment. No other circulation technoloav provides the hiah rade 316SS as a standard. E. Motor, the circulation equipment shall be mechanically operated by a motor that meets the following criteria. 1. Brushless, and using Hall -effect commutation, to avoid brush replacement. 2. Direct Drive, with no gearbox, to eliminate wasted energy losses due to gearing, to minimize noise, to eliminate an unnecessary mechanical component, and to avoid lubrication maintenance. 3. Stainless Steel Bearings, requiring no scheduled lubrication, rated bearing life expectancy greater than 100,000 hours continuous operation. 4. Designed for marine, outdoor environment by having a sealed housing with polymeric encapsulated internal windings for superior corrosion resistance. Capable of withstanding the following environment conditions: a. -40oF to 140oF (-40°C to 60°C) ambient temperature range, freeze resistant b. 100% humidity c. Condensation resistant d. Splash resistant, endure temporary submergence 5. Designed for Continuous Operation without overheating or compromising motor life expectancy. 6. 10 -Year Replacement Warranty. 7. This motor design provides the ability to reduce the power consumption to a fraction of other motor/gear-motor designs, provides a 25 -year life and is designed for the outdoor environmental issues listed above. No other circulation technology provides the consistent run-times and reliability stated above without a motor with these design features. This motor is designed and built to provide these capabilities for SolarBee technology, this motor is proprietary to SolarBee. F. Controller. The circulation equipment shall be supplied with a motor controller and power management with the following features. 1. Digital Electronic Control System, with on -board digital microprocessor including RAM, ROM, and flash memory, with firmware and software that is easily re -programmable. 2. Anti -Jam Reverse, automated self -clearing for locked rotor triggered by high current occurrences caused from jammed impeller. This feature is patented. 3. Operation Schedule, with daily and seasonal scheduling for motor speed and direction. This feature is patent pending_ 4. Scheduled Reverse Cycles, with daily reverse impeller cycling for self -clearing of impeller and to reverse the flow to self clean the suction strainer to minimize fouling. This feature is patented. 5. Motor Health Status Monitoring and Recording, including scheduled speed, commanded speed, actual speed, motor current, motor voltage, and motor controller errors. 6. Fully Potted And Encapsulated Motor Control Circuit, for superior corrosion resistance in marine environment. 7. SD (Secured Digital) Card Reprogrammable features, so digital controller is capable of being field programmable using an SD card for uploading new firmware and changing programmed operations. 8. Temperature Compensated Charging, so that battery charging parameters are automatically adjusted based on battery temperature. 9. Power Conservation & Continued Operation Mode, a programmed algorithm for reducing motor load and continuing operation by incremental speed reduction. This feature to be automatically enabled when extended low sunlight conditions occur or battery reserve power is reduced. 10. Serial Communication capability to allow SCADA outputs via remote monitoring such as Satellite transmission. No other circulation technology provides the consistent run-times, programmable features, patented features and reliability stated above and they do not have an FCC license for Satellite transmission. This digital controller is designed and built to provide these capabilities for SolarBee technology, this controller is proprietary to SolarBee. G. Battery. The battery power storage shall meet the following criteria. 1. Battery Capacity Rating, at a 24-hour discharge rate, in watt hours, shall be at least 50 times the motor load in watts during normal operation (full speed, peak load). 2. Battery shall be submerged, to avoid extremes in temperature and extend battery life. 3. Battery shall have a pressure relief Safety Valves for each cell that incorporates a flame - arrester for safety, and rated as Explosion Resistant. 4. Battery shall contain 10 AWG Power Conductors constructed of multi- strand power wire having a flexible outer jacket, all contained inside stainless steel sheathing for protection from the elements and from rodents. 5. Battery shall have a Self -Discharge Rate of less than 1 % per month. 6. Battery shall have a Temperature Sensor monitoring battery housing temperature, not ambient temperature, to optimize charging cycles and extend battery life. 7. Battery shall be manufactured to the following quality standards: a. U.S. MIL -B-8565 b. U.S. MIL -1-45208 8. Battery shall Not Emit more than 1 % hydrogen during a MIL -B-8565 gas emission test after being heated to 55°C and overcharged to 16.1 V. 9. Battery shall be encased in Double Wall Plastic, and mounted in a Stainless Steel Cage, for safety and battery protection purposes. No other circulation technology provides a battery with these design features. This battery is designed and built to provide these capabilities that provides an expected life of 10 years. H. Photovoltaic Modules (PV modules, Solar Panels). The PV modules shall meet the following criteria. 1. To ensure continuous operation of the motor and impeller in all seasons, the total Nominal Wattage Rating of the PV modules shall be a minimum of 5 times the normal operating wattage of the motor. 2. For ensure adequate power collection during low sunlight conditions, photovoltaic modules shall be Mono -Crystalline, not multi -crystalline. 3. Photovoltaic modules shall be contained inside stainless steel sheathing for protection from the elements and from rodents. No other circulation technology provides the minimum of 5 times of the normal operating wattage of the motor or do not provide the highest quality Mono -Crystalline design. I. System Operation Monitoring. The digital controller shall have the following monitoring features. 1. LED (Light Emitting Diode) Flash Code, flashing LEDs in the control box readily accessible by service personnel shall provide continuous electrical diagnostics so the state of the power system can easily be determined. 2. SCADA (Supervisory Control and Data Acquisition), the digital controller shall output system state of health and operation monitoring using RS -232 serial communication (Modbus RTU), DB9 male connection point. A protocol document shall be provided for local network (PLC or RTU) programming assistance. 3. Operation Back Log, the digital controller shall store within controller memory a 30 - day rolling log of all primary machine operation parameters. This feature is patent pending. 4. Remote monitoring via Satellite transmission. This feature is patent pending. No other circulation technology provides SCADA outputs standard. No other circulation technology has a FCC license for Satellite transmission. J. Adjustable Horizontal Water Intake. The intake shall include a singular hose of adequate length to reach the required intake depth setting. The flow through the hose and intake shall not exceed 1 foot per second (0.3 meters per second). The intake shall bring a 1-foot (30 cm) thick horizontal layer of water into the machine, the bottom plate (SB1000) prevents water from being pumped from below the intake setting. This feature is patented. No other circulation technology provides this feature. K. Maintenance Requirements. The circulation equipment shall operate normally with the following maintenance features. 1. No scheduled lubrication is required of any system components including motor and motor bearing. 2. No spare parts shall be required to be kept on hand. 3. No tools beyond normal cleaning supplies and a few common hand tools shall be required for scheduled maintenance. 4. Circulator shall be equipped with swinging latched gates for easy access to digital controller, motor, and impeller assembly for inspection. 5. Impeller assembly shall be removable without requiring any tools and shall be easily accomplished out on the water where circulation equipment is deployed. No other circulation technology provides these features. L. Flotation: The circulation equipment shall contain a flotation system meeting the following criteria. 1. Adjustable Float Arms shall have a 1" (2.5 cm) diameter shaft and turnbuckle to achieve the optimal performance setting. The float arms shall be a closed frame to minimize torsion forces on the circulation equipment and provide balanced floatation. 2. Flotation Buoyancy shall be 1,350 pounds (620 kg) or more to support the weight of the assembled circulation equipment with a safety factor greater than 1.5. Each circulation machine shall weigh approximately 850 pounds (380 kg). No other circulation technology provides these features. M. Performance: Flow Rate. The flow rate of water through the intake hose and impeller for each machine (not including induced flow) shall be as follows. Number of Units Required: To meet the project objectives a recommendation for a quantity of the appropriate machines will be provided, each machine will pump a direct flow per the above table, 24 hrs/day, up the intake and through the impeller. If machines that have smaller direct flow pumping rate are considered, in order to still provide the proper mixing rate and the proper area of influence impact the quantity of smaller flow machines needed would be: (direct flow needed) divided by (the direct flow of the smaller machine). Example: If a machine with 500 gpm direct flow is used instead of a machine with a direct flow of 3,000 gpm, the number of these machines needed = 3,000 gpm / 500 gpm = 6 machines. Note: However, if the smaller flow machines are running only 50% of the time, then 12 machines would be needed to achieve the same total daily direct flow. Also, if a quantity of units is recommended then the number machines should be multiplied by the number of machines recommended. No other circulation technology can provide a direct flow of more then 500 gpm per machine, 24 hrs/day, up the intake and through the impeller, only SolarBee has the technology to provide the direct flows of greater then 500 gpm per the above table. The success of your project depends on the reliabiiity and the performance of the equipment. We encourage you to visit our manufacturing facility to learn more about our equipment, contact some of our many references, review our peer-reviewed papers or case studies, and/or call us with questions. SolarBee Engineering Department 701-225-4495 866-437-8076 Toll -Free SoksrBee7 ani dw work': waler 1.1 Facility Name: Beaumont Wastewater Treatment Plant 1.2 Address or Location of Facility: Beaumont, TX (GPS Coordinates: 30.028791°, -94.131539°) 1.3 SolarBee Objectives, the Problems to Solve: Primary Objectives: To provide long-distance solar -powered circulation in order to keep solids suspended, thus minimizing accumulation at the bottom of the ponds, to enhance ammonia reduction, and to reduce the operation and maintenance costs of the grid -powered aerators/splashers. 1.4 Quantity and Model of SolarBees Recommended: We recommend the installation of six (6) SB 10000 v 18R machines (specific lagoon placement locations are to be determined). 2.1 Recommended Machines: Description Purchase Cost Total Six (6) SolarBee model SB 10000 vl8R solar -powered mixers, including delivery, $200,000 installation and startup: Total Investment (excluding taxes): $200,000 SBI0000 48R: (Upgraded reconditioned machines, limited quantities available) 10,000 gpm (14.4 MGD) total flow leaving the machine, the same as SB 10000 v18 machines. These reconditioned machines are upgraded with new components of the v18 technology, including the 25 -year life high -efficiency brushless electric motor designed to provide day and night operation with a solar -charged battery power system, digital control system for intelligent power management with factory programmed reverse functions and anti jam routines specific to this application, SCADA outputs, three (3) 80 -watt solar panels, 36" diameter intake hose, anchoring system and bird deterrent. See Appendix D - SolarBee Limited Replacement Warranty for information on the most extensive warranty in the industry. SolarBee, Inc. sends a factory trained Delivery & Field Services Team with specialized equipment to deliver, assemble, place, and start up your SolarBee machine(s). A training session on operation and maintenance is also provided for your personnel. Each Team member undergoes training such as Fall Protection, Confined Space Entry, Working Over Water, and Water Quality Testing. As part of our standard operating procedures, the factory trained Delivery & Field Services Team will conduct vertical profiles with a YSI multi -parameter submersible probe, and at each test point measure dissolved oxygen, pH, temperature and specific conductance at every foot from the surface down to a depth of 25 feet, and at 5 -foot intervals thereafter. A Secchi depth measurement will also be made at each test location. GPS coordinates are recorded for each machine and test point location. Your water quality is our highest priority. Our commitment continues long after the Delivery & Field Services Team leaves your location and we strive to maintain contact with all our customers. Our Customer Service, Application Engineering, and Science Departments are available for any questions regarding machine operation and water quality. Purchase of the SolarBee circulation equipment in this quotation is an "Equipment Purchase," not a "Construction Project": SolarBee circulation equipment is portable, and can be easily relocated or removed entirely from the premises at any time. They do not become an integral part of any building or other structure, and never become part of "real estate". Therefore, to purchase SolarBee circulation equipment, the city or other organization purchasing SolarBees should use the same procedure as for purchasing other portable equipment, such as a forklift, a drill press, or an office desk. SolarBee reserves the right not to accept an order if the purchase is incorrectly characterized as a "construction" project. SolarBee, Inc. has not found any state or other jurisdiction where construction or contractor statutes apply to portable equipment that is sold by a factory, with on-site final assembly and startup performed by factory personnel. Assumptions: This quotation may be based on worksheets and calculations that have been provided to the customer, either previously or else attached to this quotation. The customer should bring to our attention any discrepancies in data used for these calculations. Quotation Validity Term: This quotation replaces all prior quotations for this project. It is valid until replaced by a subsequent quotation, or until 10/25/2012, whichever occurs first. Payment Terms: For governmental entities, and for homeowners associations that have pre -approved credit, payment is due 30 days after invoice date, and invoicing occurs when the goods leave the factory. For private individuals, payment is due by credit card or cashier's check before the goods leave the factory. Currency: All prices shown are in U.S. Dollars, and all payments made must be in U.S. Dollars. Add for Taxes, Governmental Fees, and Special Insurance Requirements: Except as indicated above, no taxes, tariffs or other governmental fees are included in the quote shown above, nor are there any costs added for special insurance coverage the customer may require. It is the customer's responsibility to pay all local, state, and federal taxes, including, sales and use taxes, business privilege taxes, and fees of all types relating to this sale, whether they are imposed on either SolarBee, Inc. or the customer, or whether these taxes and fees are learned about after the customer orders the equipment. The customer's purchase order should indicate any taxes or fees due on equipment and/or services, and whether the customer will pay them directly to the governing body or include the tax payment with the purchase and SolarBee, Inc. will submit them to the governing body. Regarding insurance, SolarBee, Inc. maintains adequate liability and workman's compensation insurance to generally comply with its requirements for doing business in all fifty U.S. states, and will provide at no charge certificates of insurance when requested. However, if additional insurance or endorsements beyond the company's standard policy are required by the customer, then the costs of those additional provisions and/or endorsements will be invoiced to the customer after the costs become known. Maintenance and Safety: The customer agrees to follow proper maintenance instructions regarding the equipment as contained in the safety manual that accompanies the equipment or sent to the customer's address. It is the customer's responsibility to make sure that the circulators are used in a manner that keeps the ponds safe for people that may access them. Government Regulatory Compliance: In all reservoir / tank systems the customer must comply with all applicable governmental regulations. It is the customer's sole responsibility to inquire about governmental regulations and ensure that SolarBees are deployed and maintained so as to remain in compliance with these regulations and guidelines, and to hold SolarBee, Inc. harmless from any liability caused by non-compliance with these regulations and guidelines. SolarBee Limited Replacement Warranty: All new and factory -refurbished SolarBee equipment is warranted to be free of defective parts, materials, and workmanship for a period of 2 years from the date of installation. In addition, the SolarBee solar -powered brushless motor is warranted for a period of 10 years from the date of installation. Photovoltaic modules (solar panels) carry manufacturer warranties, some ranging up to 25 years (see manufacturer's warranty for details). This warranty is valid only for SolarBee equipment used in accordance with the owner's manual, and consistent with any initial and ongoing factory recommendations. This warranty is limited to the repair or replacement of defective components, at SolarBee's discretion. The first 2 years of warranty include parts and onsite labor if SolarBee delivery and installation was purchased. Parts and in -factory service are included if the equipment was self -installed. In lieu of sending a factory service crew to the site for minor repairs, SolarBee, Inc. may choose to send the replacement parts to the owner postage -paid and, in some cases, may pay the owner a reasonable labor allowance to install the parts. Except as stated above, SolarBee and its affiliates expressly disclaim any and all express or implied conditions, representations and warranties on products furnished hereunder, including without limitation all implied warranties of merchantability or fitness for a particular purpose. Please consult your state law regarding this warranty as certain states may have legal provisions affecting the scope of this warranty. Limitation of Liability: Many of the employees at SolarBee have extensive scientific and practical knowledge relating to solving water quality problems. From time to time, they may offer solicited or unsolicited advice, ideas, judgment or opinions on how to deal with certain situations, none of which offers a guarantee of future events or outcomes. Due to the many factors, complexity and uncertainty involved in solving water problems, you agree to release SolarBee, Inc., its affiliates, employees or agents, from any and all claims, liabilities, costs and expenses related to or arising out of any services, products or advice furnished to you by SolarBee, Inc., its affiliates, employees or agents, except to the extent that any claim, liability or expense results from intentional misconduct as determined in a final judgment by a court of competent jurisdiction. In no event will SolarBee, Inc. or its affiliates be liable for any damages caused by failure of buyer to perform buyer's responsibilities or for following SolarBee advice. In no event will SolarBee or its affiliates be liable for any lost profits or use or other punitive, special, exemplary, consequential, incidental or indirect damages, however caused, on any theory of liability, whether or not SolarBee has been advised of such damages, or reasonably could have foreseen the possibility of such damages, or for any claim against buyer by another party. Method of acceptance of this quotation: To accept this quotation, please issue a purchase order to SolarBee, Inc., 3225 Hwy. 22, Dickinson, ND 58601. The purchase order can be mailed, or it can be faxed to 701-225-0002 at the home office. The purchase order should refer to the date of this quotation, and will be assumed to include this entire quotation by reference. If purchase orders are not utilized, please sign and date the last page of this proposal, provide billing information, and either fax to 701-225-0002 or email to Orderprocessing@SolarBee.com. Signing below acknowledges acceptance of this proposal. Signature Printed Name Date Title Main Office & Service Center Information: 3225 Highway 22 Dickinson, ND 58601 Toll Free: (866) 437-8076 Phone: (701) 225-4495 Fax: (701) 225-0002 Customer Information: Beaumont, City of Beaumont, TX Customer Contacts: Hani Tohme B"Keeper Pricing Options (costs cover all units fisted on pace 2): Service Proaram Date: October 18, 2012 Quote M 120072-39738 Quote is Valid Until: I December 31, 2012 OPTION 1 3 Year Term $34,064.00 OPTION 2 5 Year Term $50,000.00 Additional Notes: if any information is incorrect, outdated, or special conditions exist please record below. Acceptance Of BeeKeeper Service Program To accept this Service Program, please fill out below infonnehon and either. a) Fax to 701-225-0002, b) Scan and email to customerservke@solarbee.corn, or c) Mail to SolarBee using address above. Option 1 or 2 Purchase Order Number (if applicable) Authorized Signature Date BeeKeeper Service P Units) & Location(*) Covered Under BeeKeeper Service Program: 1 2 3 4 S 6 Serial Number TBD TBD TBD TBD TBD TBD 11 31 SolarBee Model SB10000R 08 SB10000R 08 SB1000OR 08 SB10000R 08 SB10000R 08 SB10000R 08 Beaumont WWTP Beaumont WWTP Beaumont WWTP Beaumont WWTP Beaumont WWTP Beaumont WWTP ram BeeKeeper Service Program BeeKeeper Terms & Conditions: 1. Universal Damage Repair All structural repairs and replacement parts needed from damage incurred for any reason including acts of nature, accidents and vandalism are covered. 2. Electronics Hardware, Software, & Firmware Upgrades Upgrades to hardware, software, and firmware are included as they become available. The heart of the superb SolarBee is the large low -rpm digital brushless high-torque motor, PV modules, battery system, and computerized power management system (including brain board, logic board, self -diagnostics, motor controller, charge controller, data logger, GPS receiver, & communication outputs). SolarBee, Inc. has invested millions of dollars to develop these computerized controls and continually improve them for increased machine performance, self -diagnostics, self -repair, and reliability. 3. Access To On-3taff Water Quality Experts Our water quality experts are available for data analysis and application troubleshooting if a need arises. SolarBee obtained water quality data and Customer water quality data will be analyzed including expert review and free conference calls to discuss water quality issues. SolarBee, Inc. employs many experts in the water quality field including specialized areas such as limnology, hydrology, toxicology, wastewater, oceanography, biology, hydrology, and engineering. Degrees range from B.S. to M.S. to PhD's. 4. Periodic Maintenance Throughout The Year The power system, impeller, intake, structural components, and the electronic systems are inspected. The solar modules and flow dish are adjusted and cleaned. In all, a complete inspection is prefomed for mechanical, structural, and electronic items. All necessary or advisable machine repairs and/or upgrades are also made. 5. Rapid Onsite Response For Critical Application & Operational Service Issues If service issues arise, the Customer may be asked to perform a basic machine inspection and discuss results with the SolarBee Customer Service Department. In some cases, the Customer may be asked to make minor repairs or perform minor service (i.e., cleaning the solar panels, changing a fuse, installing other minor parts). If replacement parts are needed, the factory will ship them out at no additional cost. For more serious application and service issues, SolarBee, Inc. will dispatch a SolarBee Crew to resolve the issues onsite. 6. Removal, Storage and Re -Installation of Potable Water Units. If a potable water unit needs to be removed for tank maintenance, SolarBee offers removal, storage and re -installation at a fiat rate of $5,000. The unit must be covered under the service program at the time of removal and re -installation. 7. The Importance Of Having A Service Program If a SolarBee machine is not covered under a BeeKeeper Service Program before the standard warranty expires or if a BeeKeeper Service Program is allowed to lapse, machine inspection and repair at standard rates and/or a higher initial BeeKeeper Service Program cost may be required in order to enroll / re -enroll. 8. Currency All prices are shown in U.S. Dollars and all payments must be made in U.S. Dollars. 9. Payment Terms The start date for a BeeKeeper Service Program is the first of the month following notification of acceptance or at a time designated by the Customer (always on the first of a month). Invoices are issued within 30 days of the start date with payment due 30 days from invoice date. Currency is in U.S. Dollars. 10. Add For Taxes & Governmental Fees Unless otherwise indicated, no taxes, tariffs, or other governmental fees are included in the costs shown above. Taxes and fees of all types relating to this sale being imposed on SolarBee, Inc. or the Customer are the Customer's responsibility to pay whether they are learned of before or after the Customer orders this program. These include but are not limited to: all local, state, and federal taxes including sales and use taxes, and business privilege taxes. The Customer's purchase order should indicate any taxes or fees due on equipment and/or services. The Customer will distinguish whether they will pay any fees / taxes directly to the governing body or to SolarBee, Inc. for SolarBee, Inc. to submit to the governing body. 11. Liability The BeeKeeper Service Program covers only the cost to repair and maintain the actual SolarBee equipment. There is no responsibility or liability undertaken by SolarBee, Inc., for any other damages whatsoever, whether to other property or to a person(s). The owner should consider a general liability coverage for other possible damages. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Council hereby approves the purchase of six (6) reconditioned solar powered mixers from SolarBee, of Dickinson, North Dakota, the sole source manufacturer of SolarBee model SB 10000 v1 8R solar powered mixers, in the amount of $250,000 for use by the Water Utilities Department. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 30th day of October, 2012. - Mayor Becky Ames - WORK SESSION * Review and discuss bus route options to serve the Social Security Office located on Dishman Road at Major Drive Proposed Bus Routes for Serving the Social Security Administration Office and HEB and Other Stores Along Dowlen Road Proposal One: This proposal would combine the existing Magnolia and Pine Routes into one route named the Magnolia -Pine and extend the existing Laurel route, naming it the Delaware Route. The Magnolia -Pine Route which is paired with the Refinery Route, would continue to operate with three buses. The current headway of 30 minutes would have to be increased to 40 minutes. One bus would operate on the new Delaware Route and it would have a headway of one hour and 15 minutes. The proposed Magnolia -Pine Route would leave Dannenbaum Station and follow the existing route outbound and inbound until it gets to Leight and Magnolia Streets. It would turn north on Magnolia (rather than south as it does now) to Trinidad and then follow the existing Pine Route all the way back to Dannenbaum Station. This proposed route would eliminate service on Hale Street and only have one way service on Magnolia from Leight to Liveoak Streets. The proposed Delaware Route would leave Dannenbaum Station and follow the existing Laurel Route until it came to Toccoa Street. Instead of turning west on Toccoa to the IH10 access road, it would continue north on lith Street to Delaware, west on Delaware to French Road, north on French Road circling back around to Delaware, west on Delaware out to the Social Security Office on Major Drive, then back east on Delaware to the Eastex access road, and inbound to Dannenbaum Station following the existing Laurel Route. This proposed route would eliminate a short stretch along Toccoa and the Eastex access road, but would add some service along a short stretch of 111h Street and on Delaware all the way out to Major Drive. Proposed route one is the shortest of the two routes creating the shortest headway. The extension of the current Laurel Route adds two-way service along Delaware all the way out to the Social Security Office with no long loops. It provides new service to businesses and residential areas all along Delaware. However, it does eliminate a small amount of service on the existing Laurel, Magnolia, and Pine Routes because this proposal is a modification of existing routes. Proposal Two: This proposal would not change the existing routes but create a totally new separate route called the College Route. The existing College Route would be renamed something else, possibly the Pear Orchard Route. One bus would be taken off of the existing Magnolia - Refinery Routes which operate with three buses. It would leave two buses on Magnolia -Refinery creating 45 minute headways rather than the existing 30 minute headways. This one bus would be used to operate on the proposed new route and would have a one hour and 30 minute headway. The proposed College Route would leave Dannenbaum Station and go east on College all the way to Dowlen Road, north on Dowlen to Phelan, west on Phelan to Major Drive, north on Major to the Social Security Office, continuing north on Major to Folsom, east on Folsom to Dowlen, south on Dowlen to College, and then east on College all the way back to Dannenbaum Station. This proposed route would not eliminate any current service but would add service all the way out College Street from Amarillo to Dowlen, along Major from Phelan to Folsom, along Folsom from Major to Dowlen, and along Dowlen from Folsom to Gladys. It would cross the exsiting Calder, College, and South 11th Routes, allowing for transfers. Proposed route two is the longest of the two options and does create a large loop with one way -way service along Major, Folsom, and a part of Dowlen. But, it does create two-way service from downtown all the way out College to Dowlen. College Street, as well as other parts of this route, have higher speed traffic and therefore create more danger at stops. This route does not modify existing routes, but creates a totally new route. New service is provided along College, Major, Folsom, and Dowlen. These areas contain many businesses as well as residential areas. This route also crosses four other routes allowing for transfers. Elimination of Saturday Tripper Bus to Parkdale: In order for either proposal to be implemented on a cost neutral basis, the Parkdale Tripper bus on Saturdays must be eliminated. This bus was added years ago when ridership was twice what it is today. It is totally unnecessary to have three buses on the Parkdale-South Park Routes on Saturdays now. The elimination of this bus is required to be cost neutral because there are only two buses on the Magnolia - Refinery Routes on Saturdays versus three on weekdays. Therefore, the existing Parkdale Tripper bus would be eliminated and would become the bus to operate on either of the proposed routes, keeping the total number of vehicles in service the same. N R S RO UTE LEGEND 1 Route 1: Magnolia `�� • Time Point Route 2: Parkdale N Route 3: Calder Route 4: South Eleventh Route 5: Pine M. Route 6: Refinery Route 7: South Park -- Route 8: College '1 ^a- _ aaalaaaaa Route 9: Laurel 1 MAGNOLIA �;' SYMBOLS Direction of Travel MAIDA •••. Route Deviation Medical Facility 27 % `�� • Time Point Elementary Schools 2 PARKDALE1 LUCAS ,3 LUCAS Amelia 2 Bingman PARI@LLE MALL ' i 3 Blanchette 2 TRINIGAD ` i 4 Caldwood W Atan WxsON y { 5 Curtis \ Dunbar 6 LASAUE Fehl \ 8 Field t1y� PINE \.. 9 Fletcher v FQSOM 1y F O HALE 10 French i ARTHUR t t4 121 'Homer i y B _ ; t 13 Lucas in 0,2 ` 315 Ogden 16 Pietzsche-MacArthu oELAwARE ,+ �I 17 Price DBAWARE '3� 18 Regina -Howell DEuwARE DEuwAR F t O 19 St. An thony's Middle Schools ,g Fpm �`aDp Q ,� 1 20 Austin oAY- 1 21 King 22 Marshal 23 Odom y LL 9 LA EL } /E / 24 Smith w -LO EAST 2S South Park ,° 11 -_ 26 Vincent GLAm5 Ins High Schools y MASS ASHLEY# 27 Cathedral 28 Central a; 29 Kelly _ + � gg '4 30 Ozen 3 CALDER Y � � 31 Nkstbrdo _ � � Education T Centers 32 Brown Ahem. G"rsY PHELAN 9+ LIBERTY f"► 33 Pathways Altern. ry�M 34 Southedand ?s pN V.A. TF SOUTHJ � SEAJIMONTTRA4IVTSYSTEMSO11ICE \ CALDERz Qg CLMRC 2 t 19 550 MAAM � 1 RAILSw FAV AO GATEWAY ar+ I ® R UNION rA OUFORO 9 WEST END y COLLEGE srAGR r 9 1 9 �9 MAAM O � > MOBIL REFINERY `� MRMI O � O >< 'S d � sIffRMAN I •� aCORLEY CORLEY .- WDISON — _ 8 ETON ~� E , EUCLID 3 \ 110TEL +ST. JAMES ® O 4 STADIUM c \\ IESEFV ELANRA3 y < LAVACA \� ? ... S DIaA1ewAMa /[ .a. SARAH O < �' ".L R \S S �•••�•�•• • SARAH • m } UNR/EASITY� y \ 3� W IA\ r aft 7 SOUT ARK + \� 8 COLLEGE _ � _ FLORIDA CITYLIMRS 2� •. � � � J ` CIT' UMRS \ \ /G WORK SESSION * Review and discuss an application from HEB for Neighborhood Empowerment Zone economic development incentives WA I October 30, 2012 Consider a resolution authorizing the City Manager to enter into an agreement with HEB Grocery for economic development incentives under the Neighborhood Empowerment Zone Abatement Program RICH WITH OPPORTUNITY IIEAI[IMON* T- E x- A- s City g Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Chris Boone, Community Development Director MEETING DATE: October 30, 2012 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to enter into an agreement with HEB Grocery for economic development incentives under the Neighborhood Empowerment Zone Abatement Program. BACKGROUND: In an effort to encourage economic development in areas of the city with higher concentrations of low to moderate income families and limited redevelopment, the City implemented Four Neighborhood Empowerment Zones (NEZ) within the city. These zones offer incentives to attract redevelopment to these areas. Possible incentives include: 1) Up to a seven-year municipal tax abatement for all value added above the existing property value, less any values from the relocation of existing properties. 2) Building fee waivers (not including tap and meter fees). 3) Expedited permit review 4) Possible City lien waivers (weed, demolition). HEB, Grocery is proposing to purchase the property at the Northeast corner of College and 11 Streets, razing the old hospital building and constructing a new store, approximately 68,000 square feet in size. This new store at 3536 College would be a replacement of the existing store at 1180 S. 11"' Street and the store at 3930 East Lucas. Given that the projected construction would be in excess of $5 Million, this project would be considered a "Substantial Investment" as outlined in the NEZ policy and would therefore be eligible for consideration for an abatement of City taxes for up to seven (7) years. Because HEB is proposing to relocate within the city, the project would be eligible for an abatement of City property taxes of the incremental value, less the value at their current sites. While the final amounts will not be available immediately, for the purpose of illustrariou., the property tax abatement would be estimated as follows: Taxable Value of the Store and Premises (New Store) $6,133,760 less: 2012 Taxable Value of the Premises (existing property) ($833,760) 76 hxmsed Value of Premises (after construction) $5,300,000 less: Existing Store Value (1180 S. I I" Street) ($927,660) less: Existing Store Value (3930 E. Lucas) ($877.40 Amount of abatable value: $3,494,880 Based on this value, the estimated abatement would amount to approximately $22,367 per year, totaling approximately $156,570 over the seven year abatement period. With regard to the permit fees, Chased on the proposed value, the permit fee would be end at $28,000. With regard to expedited permitting, the permitting staff is already very familiar with this project and has already been working closely with the real estate and design professionals from Baptist Hospital and NEB in an effort to bring this project to fruition. Attached is the Neighborhood Empowerment Zone policy, the NEZ application from HEB Grocery and the proposed NEZ agreement. FUNDING SOURCE Revenues from waived fees and abated ad -valorem takes would be forgone, but the long-term economic impact associated with new development should positively affect future budgets. RICH WITH OPPORTUNITY BEAUMON "( T • E • x • A • $ City of Beaumont Neighborhood Empowerment Zone Incentive Policy Program Goals: It is the City of Beaumonfs goal to promote development within its Neighborhood Empowerment Zones in an effort to improve the local economy and enhance the quality of life for its citizens. Insofar as these goals are served by enhancing the value of the local tax base and increasing economic opportunities, the City of Beaumont will give consideration to providing the following incentives for development within Neighborhood Empowerment Zones. Definitions: A. Abatement: full or partial exemption for ad valorem taxes of eligible properties in a reinvestment zone designated as such for economic development purposes. B. Agreement: a continctual agreement between a property owner and a taxing jurisdiction for the purpose of a tax abatement. C. Base Year Value: the assessed value of either the applicant's real property and improvements located in a designated reinvestment zone on January 1 of the year prior to the execution of the agreement plus the agreed upon value of any property improvements made after January 1 of that year but before the execution of the agreement, and/or the assessed value of any tangible personal property located on the owner's real property on January 1 of the year prior to the abatement period covered by the agreement. D. Facility: property improvements completed or in the process of construction which together comprise an integral whole. E. Incremental Value: the amount of assessed value of the project that is in addition to the Base Year Value of applicant's real property at their prior location F. Neighborhood Empowerment Zone: is an area designated as such for the purpose of providing economic incentives, including a tax abatement, as authorized by the City of Beaumont in accordance with Texas Local Government Code Annotated Section 378 as amended. G. Real Property: area of land defined by legal description as being owned by the person applying for a tax abatement, including any improvements thereto, which is to be improved and valued for property tax purposes, and which is to be included in the Neighborhood Empowerment Zone. H. Substantial Investment: aproject deemed as an eligible facility under this policy, that exceeds $5,000,000 in capital investment. Program Policy: It is the policy of the City of Beaumont that consideration will be provided in accordance with the guidelines, criteria and procedures outlined in this document. This policy applies to the owners of real property. Project consideration will include the potential impact of the reinvestment project on the immediate and surrounding area. A. Authorized Facility : Neighborhood Empowerment Zone Incentives may be granted within a Neighborhood Empowerment Zone for new construction or renovation of single- family uses for investments of $50,000 or greater and may be granted for all other uses for investment of $75,000 or greater. B. Eligible Property : Neighborhood Empowerment Zone Incentives may be granted for new construction or renovation of owner -occupied single-family homes, office, retail, restaurant and multi -family residential facilities within a Neighborhood Empowerment Zone, designated by the City Council of the City of Beaumont, Texas. C. No incentives shall be granted for development resulting from the relocation of an eligible facility from one area of the city to within the Neighborhood Empowerment Zone, excepting, projects considered "Substantial Investments" as_defimed herein. Procedural Guidelines: Any person, partnership, organization, corporation or other entity desiring that the City of Beaumont consider providing Neighborhood Empowerment Zone incentives shall be required to comply with the following procedural guidelines. No representations made herein considered binding unless and until approved by the City of Beaumont City Council. Preliminary Application: Applicants shall submit a completed "Application for Neighborhood Empowerment Zone Development Incentives" form for consideration of incentives to the Community Development Department of the City of Beaumont, 801 Main Street, Beaumont, Texas 77701. 2 Consideration of the Application: A. The City Manager will consider requests for incentives in accordance with these policies, pursuant to Chapter 378 of the Texas Local Government Code. Additional information may be requested as needed. B. The City Council may enter into an agreement that outlines the terms and conditions between the City and the applicant, and governs the provision of the incentives. Inspection of the Project: During the term of such agreement, the City of Beaumont will have the right to inspect the project facility during regular business hours to ensure compliance with the agreement and accuracy of the owner certification. Recapture: If a project is not completed as specified, or if the terms of the incentive agreement are not met, the City has the right to cancel or amend the incentive agreement and all previously waived fees and abated taxes shall become due to the City and liens may be reattached. Effect of Sale, assignment or lease of property: No incentive rights may be sold or assigned without the approval of the City Council. Any sale, assignment or lease of the property may result in execution of the recapture provision, as outlined above. Tunes of Incentives Available: Building Fee Waivers The Building Construction Fee Waiver. Program words property owners an exemption from planning and building fees associated with new construction or renovation and occupancy of eligible facilities within the target area. Expedited Permit Reviews: T In order to facilitate redevelopment within the Neighborhood Empowerment Zones, the Community Development Department is committed to assisting applicants through the planning and permit review process as quickly as possible. Lien Waivers In order to render properties with Neighborhood Empowerment Zones more marketable, the Lien Waiver Program affords property owners a release of liens attached to properties as the result of demolitions or expenditures associated with cutting high grass. Release of such liens would only be allowed in conjunction with new construction or renovation of eligible facilities within the target area. Construction Tax Abatement The Construction Tax Abatement Program is an economic development tool designed to provide incentives for the new construction or renovation of single-family homes, office, retail, restaurant and multi -family residential facilities within a Neighborhood Empowerment Zone. The Construction Tax Abatement Program is intended to contribute to area development by attracting additional capital and human investment to the area as well as additional residents to support economic development activities within the area. Value of Abatements: authorized facilities may be granted a municipal tax abatement on all or a portion of the increased taxable value of eligible property over the base year value for a period not to exceed three (3) years, except as outlined below. Tax Abatement Program Guidelines: The eligibility requirements are as follows: Municipal Tax Abatement ;Schedule _Investment 50,000 & up for residential uses and 100%; or 100% of the incremental value for Substantial i a v 1 Year 1$75,000 & up for all other uses i Investments relocating within the City. j $50,000 & up for residential uses and ! 100'r'o; or 100% of the incremental value for Substantial i 2°d Year 1$75,000 & up for all other uses ! Investments relocating within the City. 1$50,000 & up for residential uses and i 100%; or 100% of the incremental value for Substantial r to ! 1 3 Year 1$75,000 & up for all other uses Investments relocating within the City. 1$5,000,000 or more for any eligible 100% for new investments and the incremental value for ! �, 4 Year juse ial Investments g within the City, 00 00,0or more for eli y�— an ible 100°% for new investments and the incremental ncremental value for 1 5t' " Year !use Substantial Investments relocating within the Cites $5,000,000 or more for any eligible 100% for new investments and the incremental value for m fuse 6 Year Substantial Investments relocating within the Citi 1$5,000,000 or more for any eligible i 100% for new investments and the incremental value for r t, fuse I Substantial Investments relocating within the City.Year .--__._i 4 Abatement Program Considerations: A. The final valuation determined by the Jefferson County Appraisal District will be used to determine the actual yearly tax abatement exemption. B. The tax abatement shall be granted only to the owner of the property. C. No tax abatement exemption shall be effective until the applicant has met all of the eligibility requirements contained in the guidelines and policies, state law, and City of Beaumont codes. D. There shall be no retroactive tax abatement exemptions — all tax abatement exemptions become effective only on or after the date the City Council approves the tax abatement agreement. E. The applicant shall agree to hold the City of Beaumont, its agents, employees and public officials harmless and pay all attorneys` fees that are generated by any dispute regarding the tax abatement agreement. F. Personal and or real property identified before the period covered by the abatement agreement will not be eligible for abatement. 5 CITY OF BEAUMONT APPLICATION FOR NEIGHBORHOOD EMPOWERMENT ZONE DEVELOPMENT INCENTIVES The purpose of this application is to present to the City of Beaumont a reasonably comprehensive outline of the project for which the incentives are requested. Please review the Neighborhood Empowerment Zone guidelines carefully before completing this application. If additional space is needed, separate sheets may be attached. Types of Incentives that you are seeking: • Building Fee Waivers (x) • Expedited Permit Review (x) • Lien Waivers • Tax Abatement (x) DESCRIPTION OF PROJECT 1. Legal name and address of applicant: HEB Grocery, 646 South Main Avenue, San Antonio, Texas 78204 2. Type of organization (Corporation, Ltd., Partnership, etc.): Partnership 3. Date organization formed: 4. Address and telephone number of headquarters location: 646 South Main Avenue, San Antonio, Texas 78204, (210) 938-8211 5. State(s) in which business is registered: Texas 6. Other locations of this business (names of cities): Multiple locations 7. Is business current with all taxes? Yes 8. Name, address and telephone number of principal officers: Richard Golden, HEB Real Estate, 4301 Windfern, Houston, Texas 77041-8915. (713-329-3941). 9. Name, address and telephone number of designated contact person: Trey Jacobson, Golden Steves Cohen & Gordon LLP, 300 Convent, Suite 2600, San Antonio, TX 78205 (210-745-3726) 10. Type of business to be conducted and goods or services to be produced or provided: Grocery 11. Location of project (street address): 3536 College Street 12. Legal (lot, block & subdivision) description of the project (attach plat of property): Minor Plat of a 2.4740 Acre Tract out of the David Brown Survey, Abstract No 5 into Lot 1, Stagg Court, Beaumont, Jefferson County, Texas and Minor Plat of a 7.300 Acre Tract out of the David Brown Survey, Abstract No 5 into Lot 1, College Street Plaza, Beaumont, Jefferson County, Texas. 13. Identify and describe the kind, number and location of all improvements to the physical property and discuss the development schedule of the proposed investments: Development of an approximately 68,000 square -foot grocery store project on the property, with an estimated opening date in 2014. 14. What infrastructure construction will be required to serve the proposed project? What is the estimated cost of this construction? The project will require $360,000 in utility relocation expenses. Because the project is not fully designed, total infrastructure requirements are not known. Construction cost will exceed $5.37 million. 15. Estimated construction commencement date: To be determined 16. Estimated construction completion date: TBD 2014 17. Estimated date for project to be operational: TBD 2014 18. City liens requested to be released: None known. EMPLOYMENT IMPACT (for Non-residential projects) 19. What is the estimated number of permanent full-time new jobs that will be created? 175 20. What percentage of employees do you anticipate will be residents living in: a. The Neighborhood Empowerment Zone: unknown b. City of Beaumont: 67% - 88% c. Jefferson County: 76% - 91% d. Outside Jefferson County 9% - 24% 21. How many new, temporary and part-time jobs will be created in Beaumont? With the closure of two other HEB Grocery stores, the net total employment is expected to decrease by 30 positions (part-time). 22. What type of jobs will be created? Management, salaried and hourly grocery workers 23. What will be the total project annual payroll of the newly created jobs? Not known. 24. Will specialized training be required? If so, what type? Although some employees will receive specialized training in the respective jobs, most employees at the store will not require such training. FISCAL IMPACT 25. Is there an anticipated cost to the City of Beaumont for providing municipal services to the proposed project? None anticipated COMMUNITY IMPACT 26. Do you anticipate the proposed project having a substantial impact on the local residential, commercial or retail market? No negative impact anticipated. The proposed development will result in the demolition of the long vacant portion of the Baptist hospital site. 27. Will rezoning and platting/replatting be required? Replatting will be required. It is understood that the information provided herein is based on estimates and projections, but that such estimates and projections have been fully investigated and are made in good faith as to their accuracy. It is further understood that any information provided herein that is actual and not estimated is represented to be true and correct. Any information herein, which is misrepresented as true and correct or for which there is no good faith basis, may result in the denial of consideration for or termination of incentive agreement. 7'e-�4 X� - Signature s Date If you have any questions about this application please call Community Development Department at (409) 880-3762. CITY OF BEAUMONT STAFF RECOMMENDATION(S) AND/OR COMMENT(S): (To be completed by City of Beaumont Staff Only) 2. Recommendation: Approve Disapprove Comments: RESOLUTION NO. WHEREAS, HEB Grocery Company, LP is proposing to construct a new 68,000 square foot grocery store at the intersection of College and 11th Streets in the City of Beaumont, Texas; and, WHEREAS, this construction is projected to be in excess of $5,000,000, a substantial investment as outlined in the Neighborhood Empowerment Zone Policy and would, therefore, be eligible for consideration for an abatement of City taxes for up to a period of seven (7) years; and, WHEREAS, the Neighborhood Empowerment Zones are intended to attract this type of economic development in areas of the City with higher concentrations of low to moderate income families and limited redevelopment by offering incentives such as tax abatement; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT the City Manager be and he is hereby authorized to execute a Neighborhood Empowerment Zone Tax Abatement Agreement with HEB Grocery Company, LP, a Texas limited partnership offering economic incentives to encourage the construction of a retail grocery store with a projected value in excess of $5,000,000 at the corner of College and 11th Streets in the City of Beaumont within Neighborhood Empowerment Zone #1. The 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 30th day of October, 2012. - Mayor Becky Ames - STATE OF TEXAS COUNTY OF JEFFERSON NEIGHBORHOOD EMPOWERMENT ZONE INCENTIVE AGREEMENT This Neighborhood Empowerment Zone Incentive Agreement (the "Agreement") is entered into by and between the City of Beaumont, Texas, a home -rule municipal corporation of Jefferson County, Texas, acting herein by and through its City Manager, (hereinafter referred to as the "City"); and HEB Grocery Company, LP, a Texas limited partnership (hereinafter referred to as the "Owner"). WITNESSETH: WHEREAS, On the twenty-fourth day of January, 2012, the City Council of the City of Beaumont, Texas, passed Ordinance No. 12-004, establishing the amended boundaries of Empowerment Zone Number One for residential and commercial tax abatements, and on the twentieth day of March, 2012 passed Resolution No. 12-062 establishing the amended guidelines for all Neighborhood Empowerment Zones throughout the city, as authorized by Vernon's Texas Civil Statutes Tax Code, Section 312.001 and Chapter 378 of the Texas Local Government Code, et seq, as amended, (hereinafter referred to as "Statute"); WHEREAS, the City desires to maintain and/or enhance the local economy and increase the quality of social services in the zone in accordance with said Ordinance and Statute; NOW THEREFORE, the City and the Owner, for good and valuable consideration described herein, do mutually agree as follows: 1. PROPERTY. The property subject to this Agreement shall be the land and improvements thereto legally described: (a) Minor Plat of a 2.4740 Acre Tract out of the David Brown Survey, Abstract No. 5 into Lot A, Stagg Court; and (b) Minor Plat of a 7.300 Acre Tract out of the David Brown Survey, Abstract No 5 into Lot 1, College Street Plaza (both minor plats being situated within the city limits of Beaumont) and depicted in "Exhibit A" attached hereto (the "Premises"). 2. CONDITIONS FOR INCENTIVES. The Owner shall not be obligated to develop or operate a grocery store. However, the following shall be conditions that must be satisfied in order for the Owner to receive the incentives provided herein (collectively, the "Incentive Conditions"): 062007.00754#163251 v5 EXHIBIT "A" A. The Owner shall cause to be constructed a grocery store on the Premises not less than 50,000 gross square -feet in size, as measured by the exterior perimeter of the building (the "Proiect"). B. The Owner shall Complete (defined below) the Project on or prior to December 31, 2015 (the "Completion Deadline"). 3. TERM. This Agreement shall commence upon the Effective Date, and shall terminate on the earlier to occur of: (a) the Final Abatement Date (defined below), or (b) termination of the Agreement, as provided herein (the "Term") not to exceed ten (10) years total. 4. EXEMPTION FROM AD VALOREM TAXATION. Subject to the terms and conditions of this Agreement, following the completion of the Project and for each tax year thereafter during the Term of this Agreement, the City shall exempt Owner from paying increased real property taxes otherwise levied by the City against the Net Increased Value (the "Tax Abatement"). For purposes of this Agreement, "Net Increased Value" shall mean, for each tax year subject to this Agreement, the calculated difference determined by subtracting: (a) the Taxable Value of all real property of the HEB grocery store located at 1180 South I la' Street, Beaumont, Texas (the "I Ith Street Store Value"), and (b) the Taxable Value of all real property of the HEB grocery store located at 3930 East Lucas Street, Beaumont, Texas (the "East Lucas Store Value"), from (c) the Taxable Value of all real property of the Premises (including improvements thereto, namely the Project) in excess of the 2012 Taxable Value of the Premises (the "New Store Value"). For determining the Net Increased Value, the IIa' Street Store Value shall be nine hundred twenty seven thousand six hundred dollars ($927,600) and the East Lucas Store Value shall be eight hundred seventy seven thousand four hundred sixty dollars ($877,460), which equals the Taxable Value for both stores as of the Effective Date. For purposes of this Agreement, "Taxable Value" shall mean value of property subject to ad valorem taxation as determined by the Jefferson County Appraisal District for the applicable tax year, subject to rights of the Owner to protest such value. For purposes of illustration: Taxable Value of the Store and Premises (New Store) $6,133,760 less: 2012 Taxable Value of the Premises (existing property) ($833,760) Increased Value of Premises (after construction) $5,300,000 less: Existing Store Value (1180 S. 11" Street) ($927,660) less: Existing Store Value (3930 E. Lucas) ($877,460) Amount of abatable value: $3,494,880 5. TERM OF EXEMPTION. The Tax Abatement shall commence with the tax year which follows the date that the Project is Complete, and continue until December 31 of the seventh consecutive tax year (the later date being the "Final Abatement Date"). 062007.00754 #163251v5 2 For purposes of this Agreement, "Complete" shall mean the completion of the Project to such condition that permits use by the Owner, as evidenced by the issuance of a certificate of occupancy by the City for the Project, not to be unreasonably withheld. 6. CITY FEE WAIVERS. With respect to the Owner's development of the Project, the City hereby waives and shall not collect any planning and building fees (except water tap fees and water usage charges and fees) typically charged in connection with new construction. The Owner may rely on this Agreement to obtain said waivers at time of application or permitting required for the Project. 7. EXPEDITED REVIEW. The City and the Owner agree to cooperate with one another to expedite processing of permits, including zoning applications (s), subdivision applications, plat approvals, development application (s) and/or building permit applications required for the completion of the project, in accordance with State Statutes and City Ordinances. 8. DEFAULT BY OWNER. In the event that the Incentive Conditions are not satisfied, then this Agreement shall be subject to termination and all taxes shall be due for the tax year in which the default occurred. In the event that the Owner defaults in the terms and conditions of this Agreement, the City shall give the Owner written notice of such default and if the Owner has not cured such default within thirty (30) days of said written notice, or if extended by the City such longer time period not to exceed ninety (90) days, this Agreement may be terminated by the City. City specifically agrees that the Owner shall only be liable to City for taxes due and shall not be liable to City for any alleged consequential damages. City hereby waives any rights or remedies available to it at law or in equity. 9. DEFAULT BY CITY. In the event that the City should fail to timely or substantially comply with any one or more of the requirements, obligations, duties, terms, conditions or warranties of this Agreement, such failures shall be an Act of Default by the City and the City shall have thirty (30) days to cure and remove the Default upon receipt of written notice to do so from Owner. Owner specifically agrees that the City shall only be liable to Owner for the amount of waivers and abatement, outlined herein, attorney's fees, and costs of court, shall not be liable to Owner for any alleged consequential damages. Owner hereby waives any rights or remedies available to it at law or in equity. 10. SUCCESSORS/ASSIGNMENT. The terms and conditions of this Agreement are binding upon the Parties, successors and assigns of Parties hereto. Other than assignment to an affiliate of the Owner or an entity owned or controlled by the Owner, this Agreement cannot be assigned by Owner to anyone or any other entity which is not an affiliate of the Owner, unless written permission is first granted by the City, which permission shall be in the sole discretion of the City. 11. CLAIMS. During the Term of this Agreement, the Owner agrees to hold the City harmless from third -party claims, losses, damages, injuries, suits or judgments 062007.00754 #163251v5 3 pertaining to persons or property on the Premises against the City relating to Owner's development of the Project. 12. INSPECTION BY CITY. Following the Project construction period, the City shall have reasonable right to inspect the Project during regular daylight hours to ensure that the improvements are constructed according to the terms of this Agreement. 13. NOTICES. Notices shall be in writing and shall be delivered by personal delivery or certified mail addressed as follows: To Owner: Todd E. Piland Executive Vice President HEB Grocery Company, LP 646 South Main Avenue San Antonio, Texas 78204 With copy to: Stephen Golden Golden Steves Cohen & Gordon LLP 300 Convent, Suite 2600 San Antonio, TX 78205 To City: Kyle Hayes, City Manager City of Beaumont 801 Main Beaumont, TX 77701 14. GOOD FAITH EFFORTS. The City and Owner each agree to act in good faith and to do all things reasonably necessary or appropriate to carry out the terms and provisions of this agreement, and to aid and assist the other in carrying out such terms and provisions in order to put the other in the same condition contemplated by this Agreement. 15. TERMINATION BY OWNER. City acknowledges that the Owner does not own the Premises as of the Effective Date, but has a contractual right to do so. If Owner does not acquire the Premises, or elects not to proceed with the development of the Project as contemplated by this Agreement, the Owner will notify the City in writing and the obligations of the Owner and the City will be deemed terminated and of no further force or effect as of the date of such notice, except those that expressly survive the termination hereof, if any. 062007.00754 #163251 v5 4 16. CITY AUTHORIZATION. This Agreement was authorized by resolution of the City Council at its meeting on October 30, 2012 authorizing the City Manager to execute the Agreement on behalf of the City. 17. OWNER AUTHORIZATON. This Agreement was authorized by the Owner on or prior to the Effective Date. 18. BINDING AGREEMENT. This shall constitute a valid and binding agreement between the City and the Owners when executed on behalf of said parties, for the abatement of City ad valorem taxes in accordance therewith. [Signatures on Following Page] 062007.00754 # 16325 1 v5 5 Effective this the Date"). CITY OF BEAUMONT By: Kyle Hayes City Manager ATTEST: Tina Broussard City Clerk 062007.00754 #163251v5 day of , 2012 (the "Effective OWNER By: Todd E. 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