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HomeMy WebLinkAboutPACKET OCT 24 2017BEAUMONT TEXAS REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS OCTOBER 24, 2017 1:30 P.M. CONSENT AGENDA Approval of minutes — October 17, 2017 Confirmation of board and commission member appointments Sohaib Jabbar would be appointed to the Community Development Advisory Committee. The term would commence October 24, 2017 and expire September 30, 2019. (Councilmember Robin Mouton) A) Authorize the City Manager to execute an Earnest Money Contract and other related documents for the sale of city -owned property located at 4495 Ironton Street B) Approve the reconstruction of two ambulance boxes for use in the EMS Division C) Approve the purchase of two Takeuchi Mini Excavators for use in the Sewer Maintenance Division D) Approve the purchase of fifty-four street light poles for use in the Public Works Department E) Approve the purchase of a Caterpillar Backhoe for use in the Sewer Maintenance Division F) Approve the purchase of twelve golf carts for use at the Henry Homberg Golf Course G) Authorize the City Manager to apply for and receive funding through the National Endowment for the Humanities H) Authorize the City Manager or his designee to execute all documents necessary for an agreement between the City of Beaumont Police Department and the United States Department of Justice, Drug Enforcement Administration RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the following appointment be made: Appointment Sohaib Jabbar Commission Community Development Advisory Committee Beginning Expiration of Term of Term 10/24/2017 09/30/2019 PASSED BY THE CITY COUNCIL of the City of Beaumont this the 24th day of October, 2017. - Mayor Becky Ames - A BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Dr. Joseph Majdalani, P.E., Public Works Director MEETING DATE: October 24, 2017 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to execute an Earnest Money Contract and other related documents for the sale of city -owned property located at 4495 Ironton Street. BACKGROUND Wheeler Commercial has secured one (1) potential buyer who is interested in purchasing city -owned property located at 4495 Ironton Street. After reviewing the Earnest Money Contract, it is in the best interest of the City of Beaumont to execute the Earnest Money Contract with Magda Villarreal with a cash offer in the amount of $25,000.00. Magda Villarreal will deposit $500.00 as earnest money to Texas Regional Title for a feasibility period of 5 days. If Magda Villarreal terminates the earnest money contract, $100.00 of the earnest money will not be refunded to Magda Villarreal days after the expiration of the feasibility period. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of resolution. The date of closing will be fourteen (14) DocuSign Envelope ID: 67867CDB-52F2-4859-8870-F94815722191 TEXAS ASSOCIATION OF REALTORS® COMMERCIAL CONTRACT - IMPROVED PROPERTY USE OF THIS FORM BY PERSONS WHO ARE NOT MEMBERS OF THE TEXAS ASSOCIATION OF REALTORS® IS NOT AUTHORIZED. ©Texas Association of REALTORS®, Inc. 2016 1. PARTIES: Seller agrees to sell and convey to Buyer the Property described in Paragraph 2. Buyer agrees to buy the Property from Seller for the sales price stated in Paragraph 3. The parties to this contract are: Seller: City of Beaumont Address: 801 Main Street, Beaumont, TX 77701 Phone: (409)880-3152 E-mail: antoinette.hardyO-beaumonttexas.gov Fax: Other: Buyer: Magda Villarreal Address: 41 North 7th Street, Beaumont, TX 77702 Phone: (409)673-7050 E-mail: magdasjohnsonna.aol.com Fax: Other: 2. PROPERTY: A. "Property" means that real property situated in . Jefferson County, Texas at 4495 Ironton Street, Beaumont, TX 77703 (address) and that is legally described on the attached Exhibit or as follows: Lots Numbered Eleven and Twelve (11&12) in Block Number Two Hundred Two (202) of GLENWOOD ADDITION to the City of Beaumont, Jefferson County, Texas, as the same appears upon the map or plat thereof, on file and of record in Volume'5, Page 86, Map Records of Jefferson County, Texas. B. Seller will sell and convey the Property together with: (1) all buildings, improvements, and fixtures; (2) all rights, privileges, and appurtenances pertaining to the Property, including Seller's right, title, and interest in any minerals, utilities, adjacent streets, alleys, strips, gores, and rights-of-way; (3) Seller's interest in all leases, rents, and security deposits for all or part of the Property; (4) Seller's interest in all licenses and permits related to the Property; (5) Seller's interest in all third party warranties or guaranties, if transferable, relating to the Property or any fixtures; (6) Seller's interest in any trade names, if transferable, used in connection with the Property; and (7) all Seller's tangible personal property located on the Property that is used in connection with the Property's operations except: Any personal property not included in the sale must be removed by Seller prior to closing. (Describe any exceptions, reservations, or restrictions in Paragraph 92 or an addendum.) (If mineral rights are to be reserved an appropriate addendum should be attached.) (If the Property is a condominium, attach Commercial Contract Condominium Addendum (TAR -9930).) 3. SALES PRICE: At or before closing, Buyer will pay the following sales price for the Property: A. Cash portion payable by Buyer at closing ........................... $ 25,000.00 B. Sum of all financing described in Paragraph 4 ....................... $ C. Sales price (sum of 3A and 3B) .................................. $ 25,000.00 DS (TAR -1801) 1-1-16 Initialed for Identification by Seller and Buye T= ,�— Page 1 of 14 Wheeler Commercial, 470 Orleans Street, 12th Floor Beaumont, TX 77701 Phone: 409-899-3300 Fax: 409.899-3301 4495 Ironton - Erica Goss Produced with zipForm® by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www.zir)Lociix.com DocuSign Envelope ID: 67867CDB-52F2-4859-8870-F94815722191 Commercial Contract - Improved Property concerning 4495 Ironton Street, Beaumont, TX 77703 4. FINANCING: Buyer will finance the portion of the sales price under Paragraph 3B as follows: ❑ A. Third Party Financing,: One or more third party loans in the total amount of $ This contract: ❑ (1) is not contingent upon Buyer obtaining third party financing. ❑ (2) is contingent upon Buyer obtaining third party financing in accordance with the attached Commercial Contract Financing Addendum (TAR -1931). ❑ B. Assumption: In accordance with the attached Commercial Contract Financing Addendum (TAR -1931), Buyer will assume the existing promissory note secured by the Property, which balance at closing will be $ ❑ C. Seller Financing: The delivery of a promissory note and deed of trust from Buyer to Seller under the terms of the attached Commercial Contract Financing Addendum (TAR -1931) in the amount of 5. EARNEST MONEY: A. Not later than 3 days after the effective date, Buyer must deposit $ $500.00 as earnest money with Texas Regional Title Company (title company) at 7675 Folsom, Bldg 100 Beaumont, TX 77706 (address) Molly Mallet (closer). If Buyer fails to timely deposit the earnest money, Seller may terminate this contract or exercise any of Seller's other remedies under Paragraph 15 by providing written notice to Buyer before Buyer deposits the earnest money. B. Buyer will deposit an additional amount of $ with the title company to be made part of the earnest money on or before: ❑ (i) days after Buyer's right to terminate under Paragraph 7B expires; or ❑ (ii) -- - Buyer will be in default if Buyer fails to deposit the additional amount required by this Paragraph 5B within 3 days after Seller notifies Buyer that Buyer has not timely deposited the additional amount. C. Buyer may instruct the title company to deposit the earnest money in an interest-bearing account at a federally insured financial institution and to credit any interest to Buyer. 6. TITLE POLICY, SURVEY, AND UCC SEARCH: A. Title Policv: (1) Seller, at Seller's expense, will furnish Buyer an Owner's Policy of Title Insurance (the title policy) issued by any underwriter of the title company in the amount of the sales price, dated at or after closing, insuring Buyer against loss under the title policy, subject only to: (a) those title exceptions permitted by this contract or as may be approved by Buyer in writing; and (b) the standard printed exceptions contained in the promulgated form of title policy unless this contract provides otherwise. (2) The standard printed exception as to discrepancies, conflicts, or shortages in area and boundary lines, or any encroachments or protrusions, or any overlapping improvements: X (a) will not be amended or deleted from the title policy. (b) will be amended to read "shortages in areas" at the expense of ❑ Buyer ❑ Seller. (3) Within 10 days after the effective date, Seller will furnish Buyer a commitment for title insurance (the commitment) including legible copies of recorded documents evidencing title exceptions. Seller authorizes the title company to deliver the commitment and related documents to Buyer at Buyer's address. DS/� f V (TAR -1801),I-1-16 Initialed for Identification by Seller and Buyer -14", � Page 2 of 14 Produced with zipForm® by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www.zir)Loaix.com 4495 Ironton - DocuSign Envelope ID: 67867CDB-52F2-4859-8870-F94815722191 Commercial Contract - Improved Property concerning 4495 Ironton Street, Beaumont, TX 77703 B. Survey: Within 10 days after the effective date: ❑ (1) Buyer will obtain a survey of the Property at Buyer's expense and deliver a copy of the survey to Seller. The survey must be made in accordance with the: (i) ALTA/ACSM Land Title Survey standards, or (ii) Texas Society of Professional Surveyors' standards for a Category 1A survey under the appropriate condition. Seller will reimburse Buyer (insert amount) of the cost of the survey at closing, if closing occurs. ❑ (2) Seller, at Seller's expense, will furnish Buyer a survey of the Property dated after the effective date. The survey must be made in accordance with the: (i) ALTA/ACSM Land Title Survey standards, or (ii) Texas Society of Professional Surveyors' standards for a Category 1A survey under the appropriate condition. LBu Buyer's ❑X (3) Seller will deliver to Buyer and the title company a true and correct copy of Smost recent survey of the Property along with an affidavit required by the title companyrov f the existing survey. If the existing survey is not acceptable to the title company, at e expense, will obtain a new or updated survey acceptable to the title company and deliver the Seller acceptable surveyY Buyer -and the title company within 20 days after Seller receives notice that the existing survey is not acceptable to the title company. The closing date will be extended daily up to 20 days if necessary for Seffef-to deliver an acceptable survey within the time required.-Buye will F ...,w..Fse Selle.. Buyer C. UCC Search: ❑ (1) Within days after the effective date, Seller, at Seller's expense, will furnish Buyer a Uniform Commercial Code (UCC) search prepared by a reporting service and dated after the effective date. The search must identify documents that are on file with the Texas Secretary of State and the county where the Property is located that relate to all personal property on the Property and show, as debtor, Seller and all other owners of the personal property in the last 5 years. ❑X (2) Buyer does not require Seller to furnish a UCC search. D. Buyer's Objections to the Commitment. Survey. and UCC Search:` (1) Within 5 days after Buyer receives the commitment, :copies of the documents evidencing the title exceptions, any required survey, and any required UCC search, Buyer may object to matters disclosed in the items if: (a) the matters disclosed are a restriction upon the Property or constitute a defect or encumbrance to title to the real or personal property described in Paragraph 2 other than those permitted by this contract or liens that Seller will satisfy at closing or Buyer will assume at closing; or (b) the items show that any part of the Property lies in a special flood hazard area (an "A" or W" zone as defined by FEMA). If Paragraph 613(1) applies, Buyer is deemed to receive the survey on the earlier of: (i) the date Buyer actually.receives the survey; or (ii) the deadline specified in Paragraph 6B. (2) Seller may, but is not obligated to, cure Buyer's timely objections within 15 days after Seller receives the objections. The closing date will be extended as necessary to provide such time to cure the objections. If Seller fails to cure the objections by the time required, Buyer may terminate this contract by providing written notice to Seller within 5 days after the time by which Seller must cure the objections. If Buyer terminates, the earnest money, less any independent consideration under Paragraph 713(1), will be refunded to Buyer. (3) Buyer's failure to timely object or terminate under this Paragraph 6D is a waiver of Buyer's right to object except that Buyer will not waive the requirements in Schedule C of the commitment. Gn (TAR-1801) 1-1-16 Initialed for Identification by Seller_,_and Buy� Page 3 of 14 Produced with zipForrnO by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www.zinLocix.com 4495 Ironton - DocuSign Envelope ID: 67867CDB-52F2-4859-8870-F94815722191 Commercial Contract - Improved Property concerning 4495 Ironton Street Beaumont, TX 77703 7. PROPERTY CONDITION: A. Present Condition: Buyer accepts the Property in its present condition except that Seller, at Seller's expense, will complete the following before closing: B. Feasibility Period: Buyer may terminate this contract for any reason within 5 days after the effective date (feasibility period) by providing Seller written notice of termination. (Check only one box.) ® (1) If Buyer terminates under this Paragraph 7B, the earnest money will be refunded to Buyer less $ 100.00 that Seller will retain as independent consideration for Buyer's unrestricted right to terminate. Buyer has tendered the independent consideration to Seller upon payment of the amount specified in Paragraph 5A to the title company. The independent consideration is to be credited to the sales price only upon closing of the sale. If no dollar amount is stated in this Paragraph 7B(1) or if Buyer fails to deposit the earnest money. Buyer will not have the right to terminate under this Paragraph 7B. ❑ (2) Not later than 3 days after the effective date, Buyer must pay Seller $ as independent consideration for Buyer's right to terminate by tendering such amount to Seller or Seller's agent. If Buyer terminates under this Paragraph 7B, the earnest money will be refunded to Buyer and Seller will retain the independent consideration. The independent consideration will be credited to the sales price only upon closing of the sale. If no dollar amount is stated in this Paragraph 7B(2) or if Buyer fails to pay the independent consideration. Buyer will not have the riaht to terminate under this Paraaraph 7B. C. Inspections. Studies. or Assessments: (1) During the feasibility period, Buyer, at Buyer's expense, may complete or cause to be completed any and all inspections, studies, or assessments of the Property (including all improvements and fixtures) desired by Buyer. (2) Seller, at Seller's expense, will turn on all utilities necessary for Buyer to make inspections, studies, or assessments. (3) Buyer must: (a) employ only trained and qualified inspectors and assessors; (b) rfotify Seller, in advance, of when the inspectors or assessors will be on the Property; (c) abide by any reasonable entry rules or requirements of Seller; (d) not interfere with existing operations or occupants of the Property; and (e) restore the Property to its original condition if altered due to inspections, studies, or assessments that Buyer completes or causes to be completed. (4) Except for those matters that arise from the negligence of Seller or Seller's agents, Buyer is responsible for any claim, liability, encumbrance, cause of action, and expense resulting from Buyer's inspections, studies, or assessments, including any property damage or personal injury. Buyer will indemnify, hold harmless, and defend Seller and Seller's agents against any claim involving a matter for which Buyer is responsible under this paragraph. This paragraph survives termination of this contract. D. Property Information: (1) Delivery of Property Information: Within days after the effective date, Seller will deliver to Buyer: (Check all that apply.) DS (TAR -1801) 1-1-16 Initialed for Identification by Seller and Buye � „VLc Page 4 of 14 Produced with zipForm® by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www.zioLoaix.com 4495 Ironton - DocuSign Envelope ID: 67867CDB-52F2-4859-8870-F94815722191 Commercial Contract - Improved Property concerning 4495 Ironton Street, Beaumont, TX 77703 a(a) a current rent roll of all leases affecting the Property certified by Seller as true and correct; (b) copies of all current leases pertaining to the Property, including any modifications, supplements, or amendments to the leases; (c) a current inventory of all personal property to be conveyed under this contract and copies of any leases for such personal property; (d) copies of all notes and deeds of trust against the Property that Buyer will assume or that Seller will not pay in full on or before closing; (e) copies of all current service, maintenance, and management agreements relating to the ownership and operation of the Property; (f) copies of current utility capacity letters from the Property's water and sewer service provider; (g) copies of all current warranties and guaranties relating to all or part of the Property; (h) copies of fire, hazard, liability, and other insurance policies that currently relate to the Property; (1) copies of all leasing or commission agreements that currently relate to the tenants of all or part of the Property; (j) a copy of the "as -built" plans and specifications and plat of the Property; (k) copies of all invoices for utilities and repairs incurred by Seller for the Property in the 24 months immediately preceding the effective date; (1) a copy of Seller's income and expense statement for the Property from to ; (m) copies of all previous environmental assessments, geotechnical reports, studies, or analyses made on or relating to the Property; (n) real & personal property tax statements for the Property for the previous 2 calendar years; and (o) Tenant reconciliation statements including, operating expenses,. insurance and taxes for the Property from to ; and (p) (2) Return of Property Information: If this contract terminates for any reason, Buyer will, not later than 10 days after the termination date: (Check all that apply.) ❑ (a) return to Seller all those items described in Paragraph 7D(1) that Seller delivered to Buyer in other than an electronic format and all copies that Buyer made of those items; ❑ (b) delete or destroy all electronic versions of those items described in Paragraph 7D(1) that Seller delivered to Buyer or Buyer copied; and ❑ (c) deliver copies of all inspection and assessment reports related to the Property that Buyer completed or caused to be completed. This Paragraph 7D(2) survives termination of this contract. E. Contracts Affecting Operations: Until closing, Seller: (1) will operate the Property in the same manner as on the effective date under reasonably prudent business standards; and (2) will not transfer or dispose of any part of the Property, any interest or right in the Property, or any of the personal property or other items described in Paragraph 2B or sold under this contract. After the feasibility period ends, Seller may not enter into, amend, or terminate any other contract that affects the operations of the Property without Buyer's written approval. 8. LEASES: A. Each written lease Seller is to assign to Buyer under this contract must be in full force and effect according to its terms. Seller may not enter into any new lease, fail to comply with any existing lease, or make any amendment or modification to any existing lease without Buyer's written consent. Seller must disclose, in writing, if any of the following exist at the time Seller provides the leases to the Buyer or subsequently occur before closing: (1) any failure by Seller to comply with Seller's obligations under the leases; (2) any circumstances under any lease that entitle the tenant to terminate the lease or seek any offsets or damages; os (TAR -1801) 1-1-16 Initialed for Identification by Seller and Buye/( Page 5 of 14 Produced with zipForm® by zipLogix 18070 Fifteen Mlle Road, Fraser, Michigan 48026 www. ' 4495 Ironton - DocuSign Envelope ID: 67867CDB-52F2-4859-8870-F94815722191 Commercial Contract - Improved Property concerning 4495 Ironton Street, Beaumont, TX 77703 (3) any non -occupancy of the leased premises by a tenant; (4) any advance sums paid by a tenant under any lease; (5) any concessions, bonuses, free rents, rebates, brokerage commissions, or other matters that affect any lease; and (6) any amounts payable under the leases that have been assigned or encumbered, except as security for loan(s) assumed or taken subject to under this contract. B. Estoppel Certificates: Within days after the effective date, Seller will deliver to Buyer estoppel certificates signed not earlier than by each tenant that leases space in the Property. The estoppel certificates must include the certifications contained in the current version of TAR Form 1938 - Commercial Tenant Estoppel Certificate and any additional information requested by a third party lender providing financing under Paragraph 4 if the third party lender requests such additional information at least 10 days prior to the earliest date that Seller may deliver the signed estoppel certificates. 9. BROKERS: A. The brokers to this sale are: Principal Broker: KenWheel, Inc. dba Wheeler Cooperating Broker: Commercial Agent: Erica C. Goss Agent: _ Address: 470 Orleans Street, 12th FL Address: Beaumont, TX 77701 Phone & Fax: (409)899-3300 (409)899-3301 E-mail: egoss(o�wheeler-commercial.com License No.: 579943 Phone & Fax: E-mail: License No.: Principal Broker: (Check only one box.) Cooperating Broker represents Buyer. ❑ X represents Seller only. represents Buyer only. ❑ is an intermediary between Seller and Buyer. B. Fees: (Check only (9) or (2) below.) (Complete the Agreement Between Brokers on page 14 only if (9) is selected.) ❑ (1) Seller will pay Principal Broker the fee specified by separate written commission agreement between Principal Broker and Seller. Principal Broker will pay Cooperating Broker the fee specified in the Agreement Between Brokers found below the parties' signatures to this contract. XI (2) At the closing of this sale, Seller will pay: Principal Broker a total cash fee of: ❑X 3.000 % of the sales price Cooperating Broker a total cash fee of: H% of the sales price. The cash fees will be paid in Jefferson County, Texas. Seller authorizes the title company to pay the brokers from the Seller's proceeds at closing. NOTICE. Chapter 62, Texas Property Code, authorizes a broker to secure an earned commission with a lien against the Property. DS (TAR -1801) 1-1-16 Initialed for Identification by Seller and Buye Page 6 of 14 F— �, - Produced with zipFormO byzipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www.zi L�ogix.wm 4495Ironton - DocuSign Envelope ID: 67867CDB-52F2-4859-8870-F94815722191 Commercial Contract - Improved Property concerning 4495 Ironton Street, Beaumont, TX 77703 C. The parties may not amend this Paragraph 9 without the written consent of the brokers affected by the amendment. 10. CLOSING: A. The date of the closing of the sale (closing date) will be on or before the later of: (1) X❑ 14 days after the expiration of the feasibility period. ❑ (specific date). (2) 7 days after objections made under Paragraph 6D have been cured or waived. B. If either party fails to close by the closing date, the non -defaulting party may exercise the remedies in Paragraph 15. C. At closing, Seller will execute and deliver to Buyer, at Seller's expense, a ❑ general X❑ special warranty deed. The deed must include a vendor's lien if any part of the sales price is financed. The deed must convey good and indefeasible title to the Property and show no exceptions other than those permitted under Paragraph 6 or other provisions of this contract. Seller must convey the Property: (1) with no liens, assessments, or Uniform Commercial Code or other security interests against the Property which will not be satisfied out of the sales price, unless securing loans Buyer assumes; (2) without any assumed loans in default; and (3) with no persons in possession of any part of the Property as lessees, tenants at sufferance, or trespassers except tenants under the written leases assigned to Buyer under this contract. D. At closing, Seller, at Seller's expense, will also deliver to Buyer: (1) tax statements showing no delinquent taxes on the Property; (2) a bill of sale with warranties to title conveying title, free and clear of all liens, to any personal property defined as part of the Property in Paragraph 2 or sold under this contract; (3) an assignment of all leases to or on the Property; (4) to the extent that the following items are assignable, an assignment to Buyer of the following items as they relate to the Property or its operations: (a) licenses and permits; (b) maintenance, management, and other contracts; and (c) warranties and guaranties; (5) a rent roll current on the day of the closing certified by Seller as true and correct; (6) evidence that the person executing this contract is legally capable and authorized to bind Seller; (7) an affidavit acceptable to the title company stating that Seller is not a foreign person or, if Seller is a foreign person, a written authorization for the title company to: (i) withhold from Seller's proceeds an amount sufficient to comply applicable tax law; and (ii) deliver the amount to the Internal Revenue Service together with appropriate tax forms; and (8) any notices, statements, certificates, affidavits, releases, and other documents required by this contract, the commitment, or law necessary for the closing of the sale and the issuance of the title policy, all of which must be completed and executed by Seller as necessary. E. At closing, Buyer will: (1) pay the sales price in good funds acceptable to the title company; (2) deliver evidence that the person executing this contract is legally capable and authorized to bind Buyer; (3) sign and send to each tenant in the Property a written statement that: (a) acknowledges Buyer has received and is responsible for the tenant's security deposit; and (b) specifies the exact dollar amount of the security deposit; (4) sign an assumption of all leases then in effect; and (5) execute and deliver any notices, statements, certificates, or other documents required by this contract or law necessary to close the sale. US (TAR -1801) 1-1-16 Initialed for Identification by Seller and Buyer` Page 7 of 14 Produced with zipForm® by zipLogiX 18070 Fifteen Mile Road, Fraser, Michigan 48026 www.zi 4495 Ironton - DocuSign Envelope ID: 67867CDB-52F2-4859-8870-F94815722191 Commercial Contract - Improved Property concerning 4495 Ironton Street, Beaumont, TX 77703 F. Unless the parties agree otherwise, the closing documents will be as found in the basic forms in the current edition of the State Bar of Texas Real Estate Forms Manual without any additional clauses. 11. POSSESSION: Seller will deliver possession of the Property to Buyer upon closing and funding of this sale in its present condition with any repairs Seller is obligated to complete under this contract, ordinary wear and tear excepted. Any possession by Buyer before closing or by Seller after closing that is not authorized by a separate written lease agreement is a landlord -tenant at sufferance relationship between the parties. 12. SPECIAL PROVISIONS: The following special provisions apply and will control in the event of a conflict with other provisions of this contract. (If special provisions are contained in an Addendum, identify the Addendum here and reference the Addendum in Paragraph 22D.) 13. SALES EXPENSES: A. Seller's Expenses: Seller will pay for the following at or before closing: (1) releases of existing liens, other than those liens assumed by Buyer, including prepayment penalties and recording fees; (2) release of Seller's loan liability, if applicable; (3) tax statements or certificates; (4) preparation of the deed and any bill of sale; (5) one-half of any escrow fee; (6) costs to record any documents to cure title objections that Seller must cure; and (7) other expenses that Seller will pay under other provisions of this contract. B. Buyer's Expenses: Buyer will pay for the following at or before closing: (1) all loan expenses and fees; (2) preparation fees of any deed of trust; (3) recording fees for the deed and any deed of trust; (4) premiums for flood and hazard insurance as may be required by Buyer's lender; (5) one-half of any escrow fee; and (6) other expenses that Buyer will pay under other provisions of this contract. �D,S�/� (TAR -1801) 1-1-16 Initialed for Identification by Seller_,_and Buy / V Produced with zipForm® by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www.ziDLooix.com Page 8 of 14 4495 Ironton - DocuSign Envelope ID: 67867CDB-52F2-4859-8870-F94815722191 Commercial Contract - Improved Property concerning 4495 Ironton Street, Beaumont, TX 77703 44r PROReTION9. (4-) inteFest eFi any assuffied lean, taxes, Fents, and aigy expense FeiH9bEiFseR9ei9ts fF8ffi teiqaFits will be the pia8i;atiems wheR the ta)E statements feia'the yeaF iH whieh the sale el8ses beeeffle available. This (-3) if Buyel: assuFfles a lean 8F is taking the PicepeFty saHeet te an existiiqg Ileig, SelleF will tFaigsfeF a! G- Rent and SeekiFltv ._ the etheF et-epai4y will be Fefflitted by -- Feeipient te the pai4y te wheng it W88 - - -- Within - day15. DEFAULT: s afte A. If Buyer fails to comply with this contract, Buyer is in default and Seller, as Seller's sole remedy(ies), may terminate this contract and receive the earnest money, as liquidated damages for Buyer's failure except for any damages resulting from Buyer's inspections, studies or assessments in. accordance with Paragraph 7C(4) which Seller may pursue, or (Check if applicable) 0 enforce specific performance, or seek such other relief as may be provided by law. B. If, without fault, Seller is unable within the time allowed to deliver the estoppel certificates, survey or the commitment, Buyer may: (1) terminate this contract and receive the earnest money, less any independent consideration under Paragraph 713(1), as liquidated damages and as Buyer's sole remedy; or (2) extend the time for performance up to 15 days and the closing will be extended as necessary. C. Except as provided in Paragraph 15B, if Seller fails to comply with this contract, Seller is in default and Buyer may: (1) terminate this contract and receive the earnest money, less any independent consideration under Paragraph 7B(1), as liquidated damages and as Buyer's sole remedy; or (2) enforce specific performance, oF seek sHeh etl9eF Felief ae Hgay be pFevided by law, eF beth. 16. CASUALTY LOSS AND CONDEMNATION: A. If any part of the Property is damaged or destroyed by fire or other casualty after the effective date, Seller must restore the Property to its previous condition as soon as reasonably possible and not later than the closing date. If, without fault, Seller is unable to do so, Buyer may: 14% terminate this contract and the earnest money, less any independent consideration under Paragraph 713(1), will be refunded to Buyer; os 1-1-16 Initialed for Identification by Seller and Buye Page 9 of 14 Produced with zlpForm® by zipLogix 18070 Fifteen Mlle Road, Fraser, Michigan 48026 www.zi 4495 Ironton - DocuSign Envelope ID: 67867CDB-52F2-4859-8870-F94815722191 Commercial Contract - Improved Property concerning 4495 Ironton Street, Beaumont, TX 77703 (2) extend the time for performance up to 15 days and closing will be extended as necessary; or (3) accept at closing: (i) the Property in its damaged condition; (ii) an assignment of any insurance proceeds Seller is entitled to receive along with the insurer's consent to the assignment; and (iii),a credit to the sales price in the amount of any unpaid deductible under the policy for the loss. B. If before closing, condemnation proceedings are commenced against any part of the Property, Buyer may: (1) terminate this contract by providing written notice to Seller within 15 days after Buyer is advised of the condemnation proceedings and the earnest money, less any independent consideration under Paragraph 713(1), will be refunded to Buyer; or (2) appear and defend the condemnation proceedings and any award will, at Buyer's election, belong to: (a) Seller and the sales price will be reduced by the same amount; or (b) Buyer and the sales price will not be reduced. 17. ATTORNEY'S FEES: If Buyer, Seller, any broker, or the title company is a prevailing party in any legal proceeding brought under or with relation to this contract or this transaction, such party is entitled to recover from the non -prevailing parties all costs of such proceeding and reasonable attorney's fees. This Paragraph 17 survives termination of this contract. 18. ESCROW: A. At closing, the earnest money will be applied first to any cash down payment, then to Buyer's closing costs, and any excess will be refunded to Buyer. If no closing occurs, the title company may require payment of unpaid expenses incurred on behalf of the parties and a written release of liability of the title company from all parties. B. If one party makes written demand for the earnest money, the title company will give notice of the demand by providing to the other party a copy of the demand. If the title company does not receive written objection to the demand from the other party within 15 days after the date the title company sent the demand to the other party, the title company may disburse the earnest money to the party making demand, reduced by the amount of unpaid expenses incurred on behalf of the party receiving the earnest money and the title company may pay the same to the creditors. C. The title company will deduct any independent consideration under Paragraph 7B(1) before disbursing any earnest money to Buyer and will pay the independent consideration to Seller. D. If the title company complies with this Paragraph 18, each party hereby releases the title company from all claims related to the disbursal of the earnest money. E. Notices under this Paragraph 18 must be sent by certified mail, return receipt requested. Notices to the title company are effective upon receipt by the title company. F. Any party who wrongfully fails or refuses to sign a release acceptable to the title company within 7 days after receipt of the request will be liable to the other party for: (i) damages; (ii) the earnest money; (iii) reasonable attorney's fees; and (iv) all costs of suit. G. ❑ Seller ❑ Buyer intend(s) to complete this transaction as a part of an exchange of like -kind properties in accordance with Section 1031 of the Internal Revenue Code, as amended. All expenses in connection with the contemplated exchange will be paid by the exchanging party. The other party will not incur any expense or liability with respect to the exchange. The parties agree to cooperate fully and in good faith to arrange and consummate the exchange so as to comply to the maximum extent feasible with the provisions of Section 1031 of the Internal Revenue Code. The other provisions of this contract will not be affected in the event the contemplated exchange fails to occur. DS (TAR -1801) 1-1-16 Initialed for Identification by Seller and Buyer� Page 10 of 14 Produced with zipForm® by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www.zi 4495 Ironton - DocuSign Envelope ID: 67867CDB-52F2-4859-8870-F94815722191 Commercial Contract - Improved Property concerning 4495 Ironton Street, Beaumont, TX 77703 - - - - --- - - -- - - --- - - -- - - --- -- - -- -- --- -- -INNIN--- - -- -- - - - -- --- -- - -- - -- - - - -- -- - - -- - -- - - - -- - --- -- - -- - -- - -- ---- --- - ----- --- -- limb - - - -- --- - ----- -- -- ---- 20, NOTICES: All notices between the parties under this contract must be in writing -and are effective when hand -delivered, mailed by certified mail return receipt requested, or sent by facsimile transmission to the parties addresses or facsimile numbers stated in Paragraph 1. The parties will send copies of any notices to the broker representing the party to whom the notices are sent. ❑ A. Seller also consents to receive any notices by e-mail at Seller's e-mail address stated in Paragraph 1. ❑ B. Buyer also consents to receive any notices by e-mail at Buyer's e-mail address stated in Paragraph 1. wz�_ OW NO - - - ---- -- -- - - - -- -- - - -- - - -- -- -- - - -- -- 22. AGREEMENT OF THE PARTIES: A. This contract is binding on the parties, their heirs, executors, representatives, successors, and permitted assigns. This contract is to be construed in accordance with the laws of the State of Texas. If any term or condition of this contract shall be held to be invalid or unenforceable, the remainder of this contract shall not be affected thereby. B. This contract contains the entire agreement of the parties and may not be changed except in writing. C. If this contract is executed in a number of identical counterparts, each counterpart is an original and all counterparts, collectively, constitute one agreement. D. Addenda which are part of this contract are: (Check all that apply.) (1) Property Description Exhibit identified in Paragraph 2; (2) Commercial Contract Condominium Addendum (TAR -1930); (3) Commercial Contract Financing Addendum (TAR -1931); (4) Commercial Property Condition Statement (TAR -1408); (5) Commercial Contract Addendum for Special Provisions (TAR -1940); DS (TAR -1801) 1-1-16 Initialed for Identification by Seller and Buy r Page 11 of 14 Produced with zipForm® by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 4495 Ironton - DocuSign Envelope ID: 67867CDB-52F2-4859-8870-F94815722191 Commercial Contract - Improved Property concerning 4495 Ironton Street, Beaumont, TX 77703 ® (6) Addendum for Seller's Disclosure of Information on Lead -Based Paint and Lead -Based Paint Hazards (TAR -1906); ❑ (7) Notice to Purchaser of Real Property in a Water District (MUD); ❑ (8) Addendum for Coastal Area Property (TAR -1915); ❑ (9) Addendum for Property Located Seaward of the Gulf Intracoastal Waterway (TAR -1916); ® (10)lnformation About Brokerage Services (TAR -2501); and ® (11)DD6 (Note: Counsel for the Texas Association of REALTORS® (TAR) has determined that any of the foregoing addenda which are promulgated by the Texas Real Estate Commission (TREC) or published by TAR are appropriate for use with this form.) E. Buyer ❑ may ® may not assign this contract. If Buyer assigns this contract, Buyer will be relieved of any future liability under this contract only if the assignee assumes, in writing, all of Buyer's obligations under this contract. 23. TIME: Time is of the essence in this contract. The parties require strict compliance with the times for performance. If the last day to perform under a provision of this contract falls on a Saturday, Sunday, or legal holiday, the time for performance is extended until the end of the next day which is not a Saturday, Sunday, or legal holiday. 24. EFFECTIVE DATE: The effective date of this contract for the purpose of performance of all obligations is the date the title company receipts this contract after all parties execute this contract. 25. ADDITIONAL NOTICES: A. Buyer should have an abstract covering the Property examined by an attorney of Buyer's selection, or Buyer should be furnished with or obtain a title policy. B. If the Property is situated in a utility or other statutorily created district providing water, sewer, drainage, or flood control facilities and services, Chapter 49, Texas Water Code, requires Seller to deliver and Buyer to sign the statutory notice relating to the tax rate, bonded indebtedness, or standby fees of the district before final execution of this contract. C. Notice Required by §13.257, Water Code: "The real property, described below, that you are about to purchase may be located in a certificated water or sewer service area, which is authorized by law to provide water or sewer service to the properties in the certificated area. If your property is located in a certificated area there may be special costs or charges that you will be required to pay before you can receive water or sewer service. There may be a period required to construct lines or other facilities necessary to provide water or sewer service to your property. You are advised to determine if the property is in a certificated area and contact the utility service provider to determine the cost that you will be required to pay and the period, if any, that is required to provide water or sewer service to your property. The undersigned purchaser hereby acknowledges receipt of the foregoing notice at or before the execution of a binding contract for the purchase of the real property described in the notice or at closing of purchase of the real property." The real property is described in Paragraph 2 of this contract. D. If the Property adjoins or shares a common boundary with the tidally influenced submerged lands of the state, §33.135, Texas Natural Resources Code, requires a notice regarding coastal area property to be included as part of this contract. E. If the Property is located seaward of the Gulf Intracoastal Waterway, §61.025, Texas Natural Resources Code, requires a notice regarding the seaward location of the Property to be included as part of this contract. F. If the Property is located outside the limits of a municipality, the Property may now or later be included in the extra -territorial jurisdiction (ETJ) of a municipality and may now or later be subject to annexation by the municipality. Each municipality maintains a map that depicts its boundaries and ETJ. To DS (TAR -1801) 1-1-16 Initialed for Identification by Seller and Buy rPage 12 of 14 Produced with zipForm® by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 zi Lo ix. com 4495 Ironton - DocuSign Envelope ID: 67867CDB-52F24859-8870-F94815722191 Commercial Contract - Improved Property concerning 4495 Ironton Street, Beaumont, TX 77703 determine if the Property is located within a municipality's ETJ, Buyer should contact all municipalities located in the general proximity of the Property for further information. G. If apartments or other residential units are on the Property and the units were built before 1978, federal law requires a lead-based paint and hazard disclosure statement to be made part of this contract. H. Section 1958.154, Occupations Code requires Seller to provide Buyer a copy of any mold remediation certificate issued for the Property during the 5 years preceding the date the Seller sells the Property. I. Brokers are not qualified to perform property inspections, surveys, engineering studies, environmental assessments, or inspections to determine compliance with zoning, governmental regulations, or laws. Buyer should seek experts to perform such services. Buyer should review local building codes, ordinances and other applicable laws to determine their effect on the Property. Selection of experts, inspectors, and repairmen is the responsibility of Buyer and not the brokers. Brokers are not qualified to determine the credit worthiness of the parties. J. NOTICE OF WATER LEVEL FLUCTUATIONS: If the Property adjoins .an impoundment of water, including a reservoir or lake, constructed and maintained under Chapter 11, Water Code, that has a storage capacity of at least 5,000 acre-feet at the impoundment's normal operating level, Seller hereby notifies Buyer: "The water level of the impoundment of water adjoining the Property fluctuates for various reasons, including as a result of: (1) an entity lawfully exercising its right to use the water stored in the impoundment; or (2) drought or flood conditions." 26. CONTRACT AS OFFER: The execution of this contract by the first party constitutes an offer to buy or sell the Property. Unless the other party accepts the offer by 5:00 p.m., in the time zone in which the Property is located, on , the offer will lapse and become null and void. READ THIS CONTRACT CAREFULLY. The brokers and agents make no representation or recommendation as to the legal sufficiency, legal effect, or tax consequences of this document or transaction. CONSULT your attorney BEFORE signing. Seller: City of Beaumont Buyer:Magda Villarreal By: By: DocuSigned by: By (signature): By (signatu e Printed Name: Kyle Haves Printed Na patreal Title: Cid Manager Title: 10/18/2017 112:44 CDT By: By: By (signature): By (signature): Printed Name: Printed Name: Title: Title: (TAR -1801) 1-1-16 Page 13 of 14 Produced with zipForm® by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www.zi LL000ix.com 4495 Ironton - DocuSign Envelope ID: 67867CDB-52F2-4859-8870-F94815722191 Commercial Contract - Improved Property concerning 4_4.95 Ironton Street, Beaumont, TX 77703 AGREEMENT BETWEEN BROKERS (use only if Paragraph 9B(1) is effective) Principal Broker agrees to pay (Cooperating Broker) a fee when the Principal Broker's fee is received. The fee to be paid to Cooperating Broker will be: ❑ $ , or ❑ % of the sales price, or ❑ % of the Principal Broker's fee. The title company is authorized and directed to pay Cooperating Broker from Principal Broker's fee at closing. This Agreement Between Brokers supersedes any prior offers and agreements for compensation between brokers. Principal Broker: Cooperating Broker: By: By: Seller's attorney: Address: Phone & Fax: ATTORNEYS Buyer's attorney: Address: Phone & Fax: E-mail: E-mail: Seller's attorney requests copies of documents, Buyer's attorney requests copies of documents, notices, and other information: notices, and other information: ❑ the title company sends to Seller. the title company sends to Buyer. ❑ Buyer sends to Seller. H Seller sends to Buyer. The title company acknowledges receipt of: ❑A. the contract on this day B. earnest money in the amount of $ on Title company: By: Assigned file number (GF#): ESCROW RECEIPT (effective date); in the form of Address: Phone & Fax: E-mail: (TAR -1801)1-1-16 Page 14 of 14 Produced with zipFonn® by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www.zipLociix.com 4495 Ironton - DocuSign Envelope ID: 67867CDB-52F2-4859-8870-F94815722191 APPROVED BY THE TEXAS REAL ESTATE COMMISSION 10-10-11 121111 ADDENDUM FOR SELLER'S DISCLOSURE OF INFORMATION EQUAL HOUSING ON LEAD-BASED PAINT AND LEAD-BASED PAINT HAZARDS OPPORTLNRY AS REQUIRED BY FEDERAL LAW CONCERNING THE PROPERTY AT 4495 Ironton Street Beaumont TX (Street Address and City) A. LEAD WARNING STATEMENT: "Every purchaser of any interest in residential real property on which a residential dwelling was built prior to 1978 is notified that such property may present exposure to lead from lead- based paint that may place young children at risk of developing lead poisoning. Lead poisoning in young children may produce permanent neurological damage, including learning disabilities, reduced intelligence quotient, behavioral problems, and impaired memory. Lead poisoning also poses a particular risk to pregnant women. The seller of any interest in residential real property is required to provide the buyer with any information on lead- based paint hazards from risk assessments or inspections in the seller's possession and notify the buyer of any known lead-based paint hazards. A risk assessment or inspection for possible lead -paint hazards is recommended prior to purchase." NOTICE: Inspector must be properly certified as required by federal law. B. SELLER'S DISCLOSURE: 1. PRESENCE OF LEAD-BASED PAINT AND/OR LEAD-BASED PAINT HAZARDS (check one box only): ❑ (a) Known lead-based paint and/or lead-based paint hazards are present in the Property (explain): ❑X (b) Seller has no actual knowledge of lead-based paint and/or lead-based paint hazards in the Property. 2. RECORDS AND REPORTS AVAILABLE TO SELLER (check one box only): ❑ (a) Seller has provided the purchaser with all available records and reports pertaining to lead-based paint and/or lead-based paint hazards in the Property (list documents): ❑X (b) Seller has no reports or records pertaining to lead-based paint and/or lead-based paint hazards in the Property. C. BUYER'S RIGHTS (check one box only): ❑ 1. Buyer waives the opportunity to conduct a risk assessment or inspection of the Property for the presence of lead-based paint or lead-based paint hazards. ❑X 2. Within ten days after the effective date of this contract, Buyer may have the Property inspected by inspectors selected by Buyer. If lead-based paint or lead-based paint hazards are present, Buyer may terminate this contract by giving Seller written notice within 14 days after the effective date of this contract, and the earnest money will be refunded to Buyer. D. BUYER'S ACKNOWLEDGMENT (check applicable boxes): ❑ 1. Buyer has received copies of all information listed above. ❑X 2. Buyer has received the pamphlet Protect Your Family from Lead in Your Home. E. BROKERS' ACKNOWLEDGMENT: Brokers have informed Seller of Seller's obligations under 42 U.S.C. 4852d to: (a) provide Buyer with the federally approved pamphlet on lead poisoning prevention; (b) complete this addendum; (c) disclose any known lead-based paint and/or lead-based paint hazards in the Property; (d) deliver all records and reports to Buyer pertaining to lead-based paint and/or lead-based paint hazards in the Property; (e) provide Buyer a period of up to 10 days to have the Property inspected; and (f) retain a completed copy of this addendum for at least 3 years following the sale. Brokers are aware of their responsibility to ensure compliance. F. CERTIFICATION OF ACCURACY: The following persons have reviewed the information above and certify, to the best of their knowledge, that the information they have provided is true and accurate. —DocuSigned by: A DA2F734F6... Date Seller Date Magda Villarreal 10/18/2017 1 12:44 CDT Kyle Hayes Buyer Date Seller Date DocuSigned by: IfAd218*9 5ita, c4ss Other Broker Date Baan er Date Erica C. Goss 10/18/2017 10:13 CDT The form of this addendum has been approved by the Texas Real Estate Commission for use only with similarly approved or promulgated forms of contracts. Such approval relates to this contract form only. TREC forms are intended for use only by trained real estate licensees. No representation is made as to the legal validity or adequacy of any provision in any specific transactions. It is not suitable for complex transactions. Texas Real Estate Commission, P.O. Bax 12188, Austin, TX 78711-2188, 512-936-3000 (http://www.trec.texas.gov) (TAR 1906) 10-10-11 TREC No. OP -L Wheeler Commercial, 470 Orleans Street, 12th Floor Beaumont, Tx 77701 Phone: 409-899-3300 Fax: 409-899-3301 4495 Ironton - Erica Goss Produced with zipFormO by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www.zipLociix.com DocuSign Envelope ID: 67867CDB-52F2-4859-8870-F94815722191 11/2/2015 12t Information About Brokerage Services EouA Housim Texas law requires all real estate licensees to give the following information about LPP.—N" brokerage services to prospective buyers, tenants, sellers and landlords. TYPES OF REAL ESTATE LICENSE HOLDERS: • A BROKER is responsible for all brokerage activities, including acts performed by sales agents sponsored by the broker. • A SALES AGENT must be sponsored by a broker and works with clients on behalf of the broker. A BROKER'S MINIMUM DUTIES REQUIRED BY LAW (A client is the person or party that the broker represents): • Put the interests of the client above all others, including the broker's own interests; Inform the client of any material information about the property or transaction received by the broker; Answer the client's questions and present any offer to or counter-offer from the client; and ° Treat all parties to a real estate transaction honestly and fairly. A LICENSE HOLDER CAN REPRESENT A PARTY IN A REAL ESTATE TRANSACTION: AS AGENT FOR OWNER (SELLER/LANDLORD): The broker becomes the property owner's agent through an agreement with the owner, usually in a written listing to sell or property management agreement. An owner's agent must perform the broker's minimum duties above and must inform the owner of any material information about the property or transaction known by the agent, including information disclosed to the agent or subagent by the buyer or buyer's agent. AS AGENT FOR BUYERITENANT: The broker becomes the buyer/tenant's agent by agreeing to represent the buyer, usually through a written representation agreement. A buyer's agent must perform the broker's minimum duties above and must inform the buyer of any material information about the property or transaction known by the agent, including information disclosed to the agent by the seller or seller's agent. AS AGENT FOR BOTH - INTERMEDIARY: To act as an intermediary between the parties the broker must first obtain the written agreement of each parry to the transaction. The written agreement must state who will pay the broker and, in conspicuous bold or underlined print, set forth the broker's obligations as an intermediary. A broker who acts as an intermediary: • Must treat all parties to the transaction impartially and fairly; • May, with the parties' written consent, appoint a different license holder associated with the broker to each party (owner and buyer) to communicate with, provide opinions and advice to, and carry out the instructions of each party to the transaction. Must not, unless specifically authorized in writing to do so by the parry, disclose: o that the owner will accept a price less than the written asking price; o that the buyer/tenant will pay a price greater than the price submitted in a written offer, and o any coincidental information or any other information that a party. specifically instructs the broker in writing not to disclose, unless required to do so by law. AS SUBAGENT: A license holder acts as a subagent when aiding a buyer in a transaction without an agreement to represent the buyer. A subagent can assist the buyer but does not represent the buyer and must place the interests of the owner first. TO AVOID DISPUTES, ALL AGREEMENTS BETWEEN YOU AND A BROKER SHOULD BE IN WRITING AND CLEARLY ESTABLISH: The broker's duties and responsibilities to you, and your obligations under the representation agreement. • Who will pay the broker for services provided to you, when payment will be made and how the payment will be calculated. LICENSE HOLDER CONTACT INFORMATION: This notice is being provided for information purposes. It does not create an obligation for you to use the broker's services. Please acknowledge receipt of this notice below and retain a copy for your records. KenWheel, Inc. dba Wheeler Commercial 579943 Iwheeler(a)_wheeler-commercial.com . (409)899-3300 Licensed Broker /Broker Firm Name or License No. Email Phone Primary Assumed Business Name Lee Y. Wheeler, 111 467055 Iwheeler(&_wheeler-commercial.com (409)899-3300 Designated Broker of Firm License No. Email Phone Lee Y. Wheeler, III 467055 (wheeler(&..wheeler-commercial.com (409)8993300 Licensed Supervisor of Sales Agent/ License No. Email Phone Associate Erica C. Goss Ds 623539 egoss@wheeler-commercial.com _ (409)899-3300 Sales Agent/Associate's Nam License No. Email Phone 10/18/2017 12:44 CDT enant/Seller/Landlord Initials Date Regulated by the Texas Real Estate Commission Information available at www.trec.texas.gov IABS 1-0 Date Wheeler Commercial, 470 Orleans Street, 12th Floor Beaumont, TX 77701 Phone: 409-899-3300 Fax: 409-899-3301 4495 Ironton - Erica Goss Produced with zipForm® by zipl-ogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www.zipLooix.com DocuSign Envelope ID: 67867CDB-52F2-4859-8870-F94815722191 NOTICE TO PURCHASERS The real property described below, which you are about to purchase, is located in Jefferson County Drainage District No. 6. The District has taxing authority separate from any other taxing authority and may, subject to voter approval, issue an unlimited rate of tax in payment of such bonds. As of this date, the rate of taxes levied by the District on real property located in the District is 22.0587 cents on each $100 of assessed valuation. The total amount of bonds that have been approved by the voters and which may be issued by the District (excluding refunding bonds and any bonds or portion of bonds payable solely from revenues received or expected to be received pursuant to a contract with a governmental entity) is $0; however, contract revenue refunding bonds have been approved by the District's Board in the following original amounts Series 2003 - $4,995,000. The aggregate initial principal amount of all bonds of the District payable in whole or part from taxes (excluding refunding bonds and any bonds or portion of bonds payable solely from revenues received or expected to be received pursuant to a contract with a governmental entity) that have been previously issued is $0, however, the current principal amounts of contract revenue refunding bonds outstanding areas follows: Series 2003 Contract Revenue Refunding Bonds - $950,000. The contract revenue refunding bonds are serviced through taxes collected for maintenance and operating. Funds from maintenance and operating are transferred to debt service for annual installments toward payment of the contract revenue refunding bonds. No separate tax is collected for contract revenue refunding bonds. The District does not impose a standby fee. The purpose of this District is to provide drainage or flood control facilities and services within the District through the issuance of bonds payable in whole or in part from property taxes. The cost of these utility facilities is not included in the purchase price of your property, and these utility facilities are owned or to be owned by the District. The legal description of the property which you are acquiring is as follows: See Paragraph 2.A of thetoinmercial Contract — Improved Property Date (Seller) PURCHASER IS ADVISED THAT THE INFORMATION SHOWN ON THIS FORM IS SUBJECT TO CHANGE BY THE DISTRICT AT ANY TIME. THE DISTRICT ROUTINELY ESTABLISHES TAX RATES DURING THE MONTHS OF SEPTEMBER THROUGH DECEMBER OF EACH YEAR, EFFECTIVE FOR THE YEAR IN WHICH THE TAX RATES ARE APPROVED BY THE DISTRICT. PURCHASER IS ADVISED TO CONTACT THE DISTRICT TO DETERMINE THE STATUS OF ANY CURRENT OR PROPOSED CHANGES TO THE INFORMATION SHOWN ON THIS FORM. The undersigned purchaser hereby acknowledges receipt of the foregoing notice at or prior to execution of a binding contract for the purchase of the real property described in such notice or at closing of purchase of the real property. 10/18/2017 1 12:44 CDT Date DocuSigned by. �7.4559fiDA3FY34F5... 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 Earnest Money Contract, in the amount of $25,000.00, with Magda Villarreal for the sale of property located at 4495 Ironton Street; and, BE IT FURTHER RESOLVED THAT the City Manager is hereby authorized to execute all documents necessary for the sale of the property and improvements. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 24th day of October, 2017. - Mayor Becky Ames - BEAUMONT TEXAS TO: FROM: PREPARED BY: MEETING DATE: REQUESTED ACTION: QXTOX"19111710 LIF—) City Council Kyle Hayes, City Manager Todd Simoneaux, Chief Financial Officer October 24, 2017 Council consider a resolution approving the reconstruction of two ambulance boxes for use in the EMS Division. The boxes will be refurbished and remounted by Frazer Ambulance, of Houston in the estimated amount of $167,100. EMS has two units that have outdated equipment and require continual maintenance. Both units are being refurbished and remounted on new chassis bodies. Pricing was obtained through the Houston -Galveston Area Council (HGAC), a cooperative purchasing association providing cities and political subdivisions with the means to purchase specialized equipment at volume pricing. HGAC complies with State of Texas procurement statutes. 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 award of a contract for refurbishing and remounting two (2) ambulance box modules to new chassis by Frazier Ambulance, of Houston, Texas, in the estimated amount of $167,100.00 through the Houston - Galveston Area Council (H -GAC) Cooperative Purchasing Program. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 24th day of October, 2017. - Mayor Becky Ames - C- BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Todd Simoneaux, Chief Financial Officer MEETING DATE: October 24, 2017 REQUESTED ACTION: Council consider a resolution approving the purchase of two Takeuchi Mini Excavators for use in the Sewer Maintenance Division. BACKGROUND The excavators will be purchased from Waukesha Pearce, of Dallas in the amount of $125,108.60. They will replace units 5162 and 5163, which are 11 years old and have exceeded their expected service lives. The units will be disposed of in accordance with the City's surplus equipment policy. Pricing 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 the State of Texas procurement statutes. FUNDING SOURCE Water Utilities 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 two (2) Takeuchi Mini - Excavators for use by the Sewer Maintenance Department from Waukesha -Pearce Industries, LLC, of Dallas, Texas, in the amount of $125,108.60 through the BuyBoard Cooperative Purchasing Program. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 24th day of October, 2017. - Mayor Becky Ames - ED] BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Todd Simoneaux, Chief Financial Officer MEETING DATE: October 24, 2017 REQUESTED ACTION: Council consider a resolution approving the purchase' of fifty-four (54) street light poles for use in the Public Works Department. BACKGROUND Metal street light poles were requested for the Northwest Parkway project. Bid solicitations were sent to five vendors and only one response was received. Structural Steel Products of Fort Worth provided a response of $106,330.86 for fifty-four (54) street light poles. The bid response meets specifications. FUNDING SOURCE Airport Oil and Gas Revenues. RECOMMENDATION Approval of the resolution. RESOLUTION NO. WHEREAS, bids were solicited for the purchase of fifty-four (54) street light poles for use by the Public Works Department for the Northwest Parkway Project; and, WHEREAS, Structural Steel Products, of Fort Worth, Texas, submitted a bid in the amount of $106,330.86; and, WHEREAS, City Council is of the opinion that the bid submitted by Structural Steel Products, of Fort Worth, Texas, should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT the bid submitted by Structural Steel Products, of Fort Worth, Texas, for the purchase of fifty-four (54) street light poles for the Northwest Parkway Project in the amount of $106,330.86 be accepted by the City of Beaumont. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 24th day of October, 2017. - Mayor Becky Ames — E BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Todd Simoneaux, Chief Financial Officer MEETING DATE: October 24, 2017 REQUESTED ACTION: Council consider a resolution approving the -purchase of a Caterpillar Backhoe for use in the Sewer Maintenance Division. BACKGROUND The backhoe will be purchased from Mustang Cat, of Houston in the amount of $78,400. It will replace Unit 4359, which is 16 years old and has exceeded its expected service life. It will be disposed of in accordance with the City's surplus equipment policy. Pricing was obtained through the Houston -Galveston Area Council (HGAC), a cooperative purchasing association providing cities and political subdivisions with the means to purchase specialized equipment at volume pricing. HGAC complies with State of Texas procurement statutes. FUNDING SOURCE Water Utilities 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 one (1) Caterpillar Backhoe for use by the Water Utilities Department from Mustang Cat, of Houston, Texas, in the amount of $78,400.00 through the Houston -Galveston Area Council (H -GAC) Cooperative Purchasing Program. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 24th day of October, 2017. - Mayor Becky Ames - F BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Todd Simoneaux, Chief Financial Officer MEETING DATE: October 24, 2017 REQUESTED ACTION: Council consider a resolution approving the purchase of twelve (12) golf carts for use at the Henry Homberg Golf Course. BACKGROUND The golf carts will be purchased from the E -Z -Go Division of Textron, Inc., of Augusta, Georgia, in the amount of $58,053. They will replace twelve (12) units that are more than five years old, in poor condition and have exceeded their expected service lives. They will be disposed of in accordance with the City's surplus equipment policy. Pricing was obtained through the National IPA, a cooperative purchasing association providing cities and political subdivisions with the means to purchase specialized equipment at volume pricing. National IPA complies with the State of Texas procurement statutes. FUNDING SOURCE Henry Homberg Golf Course 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 twelve (12) golf carts for use by the Henry Homberg Golf Course from the E -Z -Go division of Textron, Inc., of Augusta, Georgia, in the amount of $58,053.00 through the National IPA Cooperative Purchasing Program. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 24th day of October, 2017. - Mayor Becky Ames - G BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Bart Bartkowiak, Chief Technology Officer MEETING DATE: October 24, 2017 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to apply for and receive funding through the National Endowment for the Humanities. BACKGROUND The Tyrrell library was damaged in Hurricane Harvey. Damages include a large mold outbreak in the ceiling of the original portion of the building. The National Endowment for the Humanities is seeking grant requests for the "NEH Chairman's Emergency Grant" for up to $30,000.00 to help institutions that have been affected by natural disasters. There is no match qualification for this grant. The grant submission would request $30,000 in funds to offset the cost of the mold remediation. The National Endowment for the Humanities (NEH) is an independent federal agency created in 1965. It is one of the largest funders of humanities programs in the United States. The NEH serves and strengthens our republic by promoting excellence in the humanities and conveying the lessons of history to all Americans. The Endowment accomplishes this mission by awarding grants for top-rated proposals. 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 apply for and receive funding for the City of Beaumont through the National Endowment for the Humanities from the NEH Chairman's Emergency Grant Program in an amount up to $30,000.00 for Tyrrell Library mold remediation which is necessary due to damages caused by Hurricane Harvey. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 24th day of October, 2017. - Mayor Becky Ames - H BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: James P. Singletary, Chief of Police MEETING DATE: October 24, 2017 REQUESTED ACTION: Council consider a resolution authorizing the City Manager or his designee to execute all documents necessary for an agreement between the City of Beaumont Police Department and the United States Department of Justice, Drug Enforcement Administration. �: _.T�i:Zl I ►11 This Provisional State and Local Task Force Agreement would allow the City of Beaumont Police Department to detail one of our Officers to the Beaumont Task Force for a period of not less than two years. During the period of assignment, the Beaumont Police Department officer would be under the direct supervision and control of the DEA (Drug Enforcement Agency) supervisory personnel assigned to the Task Force. It also describes the duties and activities that the officer will perform while under the Beaumont Task Force and allow us to jointly and effectively serve the Beaumont Community as a whole. FUNDING SOURCE None. RECOMMENDATION Approval of the Resolution. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager, or his designee, be and they are hereby authorized to execute all documents necessary, specifically a Provisional State and Local Task Force Agreement between the Beaumont Police Department and the United States Department of Justice, Drug Enforcement Administration (DEA) for the purpose of detailing one (1) experienced officer to the Beaumont Task Force for a period of not less than two (2) years. The Agreement is substantially in the form attached hereto as Exhibit "A" and made a part hereof for all purposes. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 24th day of October, 2017. - Mayor Becky Ames - PROVISIONAL STATE AND LOCAL TASK FORCE AGREEMENT This agreement is made this I' day of October, 2017, between the United States Department of Justice, Drug Enforcement Administration (hereinafter "DEA"), and the Beaumont Police Department (hereinafter "BPD"). The DEA is authorized to enter into this cooperative agreement concerning the use and abuse of controlled substances under the provisions of 21 U.S.C. § 873. Whereas there is evidence that trafficking in narcotics and dangerous drugs exists in the Beaumont, Texas, area and that such illegal activity has a substantial and detrimental effect on the health and general welfare of the people of, the parties hereto agree to the following: 1. The Beaumont Task Force will perform the activities and duties described below: a. disrupt the illicit drug traffic in the area by immobilizing targeted violators and trafficking organizations; b. gather and report intelligence data relating to trafficking in narcotics and dangerous drugs; and c. conduct undercover operations where appropriate and engage in other traditional methods of investigation in order that the Task Force's activities will result in effective prosecution before the courts of the United States and the State of Texas. 2. To accomplish the objectives of the Beaumont Task Force, the BPD agrees to detail one (1) experienced officer(s) to the Beaumont Task Force for a period of not less than two years. During this period of assignment, the BPD officer(s) will be under the direct supervision and control of DEA supervisory personnel assigned to the Task Force. 3. The BPD officer(s) assigned to the Task Force shall adhere to DEA policies and procedures. Failure to adhere to DEA policies and procedures shall be grounds for dismissal from the Task Force. 4. The BPD officer(s) assigned to the Task Force shall be deputized as Task Force Officer(s) of DEA pursuant to 21 U.S.C. Section 878. S. To accomplish the objectives of the Beaumont Task Force, DEA will assign three (3) Special Agents to the Task Force. DEA will also, subject to the availability of annually appropriated funds or any continuing resolution thereof, provide necessary funds and equipment to support the activities of the DEA Special Agents and officer(s) assigned to the Task Force. This support will include: office space, office supplies, travel funds, funds for the purchase of evidence and information, investigative equipment, training, and other support items. 6. The BPD shall comply with Title VI of the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973, the Age Discrimination Act of 1975, as amended, and all 1 EXHIBIT "A" requirements imposed by or pursuant to the regulations of the United States Department of Justice implementing those laws, 28 C.F.R. Part 42, Subparts C, F, G, H and I. 7. The term of this agreement shall be effective from the date in paragraph number one until September 30, 2018. This agreement may be terminated by either party on thirty days' advance written notice. Billing for all outstanding obligations must be received by DEA within 90 days of the date of termination of this agreement. DEA will be responsible only for obligations incurred by BPD during the term of this agreement. For the Drug Enforcement Administration: Steven S. Whipple, Acting Special Agent in Charge For the Beaumont Police Department: James P. Singletary Chief of Police 2 Date: Date: BEAUMONT TEXAS REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS OCTOBER 24, 2017 1:30 P.M. AGENDA CALL TO ORDER * Invocation Pledge Roll Call * Presentations and Recognition * Public Comment: Persons may speak on scheduled agenda items 6 and 7/Consent Agenda * Consent Agenda GENERAL BUSINESS 1. Consider a request for a Specific Use Permit to allow a Recreational Vehicle Park in an LI (Light Industrial) and GC -MD (General Commercial -Multiple Family Dwelling) District located to the north of Chinn Lane, on the east side of Eastex Freeway 2. Consider a request for a Specific Use Permit to allow a Mini Storage Facility in GC - MD (General Commercial -Multiple Family Dwelling) District located at 9695 College Street 3. Consider a request for a Specific Use Permit to allow temporary RV parking related to Hurricane Harvey in RM -H (Residential Multiple Family Dwelling — Highest Density) and RS (Residential - Single Family Dwelling) Districts, for property located at 2310 Smart Street 4. Consider a request for amendments to the Zoning Ordinance, Section 28.03.021(d) 5. Consider a request for amendments to the Zoning Ordinance, Section 28.03.023 (e) 6. Consider a resolution approving the purchase of a Caterpillar Compactor for use in the Solid Waste Division 7. Consider a resolution authorizing the City Manager to execute Phase One of an agreement with Lockwood, Andrews, Newnam, Inc., (LAN) for the Assessment of the City Sewer Collection System COMMENTS * Public Comment (Persons are limited to 3 minutes) * Councilmembers/City Manager comment on various matters Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact Kaltrina Harbuzi at 880-3777. 1 October 24, 2017 Consider a request for a Specific Use Permit to allow a Recreational Vehicle Park in an LI (Light Industrial) and GC -MD (General Commercial -Multiple Family Dwelling) District located to the north of Chinn Lane, on the east side of Eastex Freeway BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Chris Boone, Planning & Community Development Director MEETING DATE: October 24, 2017 REQUESTED ACTION: Consider a request for a Specific Use Permit to allow a Recreational Vehicle Park in an LI (Light Industrial) and GC -MD (General Commercial -Multiple Family Dwelling) District located to the north of Chinn Lane, on the east side of Eastex Freeway. BACKGROUND Beaumont RV Resort is requesting a Specific Use Permit to allow an Recreational Park on property located to the north of Chinn Lane, on the east side of Eastex Freeway. The proposed RV park would consist of 215 units. Drainage District #6 has listed extensive requirements for the site (see attached). City of Beaumont Traffic Division has also listed concerns, stating that the site plan does not demonstrate an efficient movement of vehicles on the site. At a Joint Public Hearing held on October 16, 2017, the Planning Commission recommended 9:0 to approve a request for a Specific Use Permit to allow a Recreational Vehicle Park in an LI (Light Industrial) and GC -MD (General Commercial -Multiple Family Dwelling) District located to the north of Chinn Lane, on the east side of Eastex Freeway with the following conditions: 1. Meet all requirements for Drainage District #6. 2. Redesign the site plan for efficient movement of vehicles on the site. 3. Obtain permission from the pipeline agency prior to completion. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the ordinance with the following conditions: 1. Meet all requirements for Drainage District #6. Mail - � dina.Josey@BeaumontTexas.gov Page 1 of 2 Rc: File 2305-P Doug Canant <dscanant@dd6.org> Mon 8/7/2017 3:21 PM To:Adina Josey<Adina.Josey@ Beau montTexas.gov>; Jefferson County Drainage District No. 6 offers the following comments to the Beaumont RV Resort. 1. The drainage easement on the east side of the development needs to be expanded westerly to the westerly toe of the spoil mound along the west side of the ditch. No construction will be allowed on this new easement. The proposed chain link fence shall be put on the new easement line. 2. A detention basin will be required which dampens the 100 year peak flowrate entering the DD6 ditch. The post development peak flowrate will not be allowed to exceed the existing conditions. 3. The preliminary plat indicates that drainage from the 14.71 acre tract crosses the back portion of the RV Park. This drainage will need to be accounted for in some way so that the runoff may be delivered to the DD6 ditch. If the RV Park Detention basin does not account for the 14.71 acre tract runoff then development of the 14.71 acre tract will also require detention. Thank You Doug Doug Canant PE RPLS CFM District Engineer Jefferson County Drainage District No. 6 P 409-842-1818 F 409-840-5773 From: Adina Josey[mailto:Adina.Josey@BeaumontTexas.gov] Sent: Wednesday, August 02, 2017 12:39 PM To: SUP<adinajosey@BeaumontTexas.onmicrosoft.com> Subject: File 2305-P Please review and, if necessary, respond by 8/15/2017: Thank you, Adina —^ 0-.--i1--/ 1 A/1 IfInA1 17 Mail - Adina.Josey@BeaumontTexas.gov Yo; -,q -'re r_ceiving this message because you're a member of the SUP group from City of Beaumont. To take part in this conversation, reply all to this message. View group files I Leave rq oup J Learn more about Office 365 Groups Page 2 of 2 , , , . 11 1-1 nen 0--- - �- 7—n o_ ---..t—/ y niy ci1)ni '7 SPECIFIC USE PERMIT APPLICATION BEAUMONT, TEXAS (Chapter28, City Codes) TO: THE PLANNING COMMISSION AND CITY COUNCIL, CITY OF BEAUMONT TEXAS APPLICANTS NAME: £ au !Yl © k Y e—s C7r' APPLICANTS ADDRESS:i� b &n& qv1 �� b / 5 7-j S(?G APPLICANTS PHONE W: �- 2, 1— ' ' 1 ��jg 1 ° �`I 3 U FAX NAMEOFOWNER, I'd YV lCUl1)1i LA ?t.g5`7o X3'7 ADDRESS OF OWNER, D 1 7,C . —% O W9L)2� f !2 . +FYI 0Y1 - 19 -7 %i o� t LOCATION OF PROPERTY- q 0 CLC 2E5 Q 1' )'I 1„q K1 ter t h a (' I'l,l„ ,,, LEGAL DESCRIPTION OF PROPERTY: LOTNO. OR TRACT BLOCK NO. PLAT ADDITION SURVEY NUMBER OF ACRES NUMBER OF ACRES -AD S For properties not in a recorded subdivision, submit a copy of a current surveyor plat shoift the properties proposed for a specific use perm% and a complete legal field note description. PROPOSED USE; � CC Sd y`-�— ZONE: �. 1 ATTACH A LETTER describing all processes and activities involved with the proposed uses. ATTACH A SITE PLAN drawn tp scale with the information listed on the top back side of this sheet. ATTACH A REDUCED 8 %" X 11" PHOTOCOPY OPTHE SITE PLAN. THE EIGHT CONDITIONS listed on the back side of this sheet must be met before City Council can grant a specific use permit. PLEASE ADDRESS EACH CONDITION IN DETAIL. ATTACH THE APPROPRIATE APPLICATION FEE; LESS THAN Yi ACRE ...... _.. ................................................$250.00 ACRE ORMORE AND LESS THAN 5 ACRES...................$450.00 VS ACRES OR MORE.................................................................5650.00 ],being the undersigned applicant, understandat all ofthe conditions, dimensions, building sizes, landscaping and parking areas depicted on the site plan shall be adhered to as amen proved bWeCkyood2il. SIGNATURE OF APPLICANT:DATE: I // SIGNATURE OF OWNER: qtr 0: 7-G- L DATE:_ 1G -2-2 t PLEASE TYPE OR PRINT AND SUBMIT TO: CITY OF BEAUMONT PLANNING DIVISION 801 MAIN STREET, ROOM 201 FILENUMBER: BEAUMONT, TX 77701 DATE RECEIVED; Phone - (409) 880-3764 Fax - {409) 880-3133 PLtASE MAKE NOTEON REVERSE SIDE OF CONDITIONS TO BE MET REGARDING THE SITE PLAN AND LETTER OF PROPOSED USES AND ACTIVITIM. a � BEAUMONT RV RESORT P 0 Box 973 Seabrook, TX 77586 June 23, 2017 To: City of Beaumont P & Z RE: Beaumont RV Resort Specific Use Permit Please accept this letter as a description of activities associated with the proposed uses of the Beaumont RV Resort. The Beaumont RV Resort will be a family and pet friendly location which will be maintained and managed with the upmost care. The location will accommodate daily, weekly and short-term monthly guests. Amenities will included large office and clubhouse facilities, resort style swimming pool, and outdoor BBQ gathering area. The Resort will have luxurious landscaping, excellent lighting and security. Guests will simply check in with the site manager and be assigned a location with individual utility hook ups. Thereafter, they will be allowed -to enjoy the many amenities associated with the Resort. Please feel free to view my other locations as follows: www.marinabavrvresort.com www.willowlakervresort.com www.marinabaylakecoverv.com Per the items referenced on the Specific Use Permit application, the resort will be compatible and non -injurious to the neighboring tracts. There is only one neighboring commercial business adjacent to the project. The project will not impede the normal and orderly development and improvement of surrounding vacant property. The project is an upscale resort type development which will enhance prospects of neighboring development. BEAUMONT RV RESORT P O Box 973 Seabrook, TX 77586 Adequate utilities are located at the intersection of Hwy 69 and Chinn Rd. Property owner and buyer have reached an agreement to extend the utilities to the site. Developer has extensive experience in project development and is familiar with the required space and driveway areas to maximize pedestrian and customer safety. Measures are in place to prevent and control offensive odors, fumes, dust, noise and vibrations. Project will have enclosed dumpster and paved roadways, The speed limits are restricted to a minimum to prevent noise, dust and vibration. All lighting in the project will be directed so as to securely illuminate the site only. The project will have resort type landscaping which will be attractive to the development as well as the city. This project is in accordance with the City of Beaumont Comprehensive Plan. I look forward to the opportunity to provide the City of Beaumont a first-class RV Resort location. Regards, Scott Monroe ORDINANCE NO. ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A RECREATIONAL VEHICLE PARK IN AN LI (LIGHT INDUSTRIAL) AND GC -MD (GENERAL COMMERCIAL -MULTIPLE FAMILY DWELLING) DISTRICT ON PROPERTY LOCATED TO THE NORTH OF CHINN LANE, ON THE EAST SIDE OF EASTEX FREEWAY IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS, Beaumont RV Resort has applied for a specific use permit to allow a recreational vehicle park in an LI (Light Industrial) and GC -MD (General Commercial - Multiple Family Dwelling) District on property located to the north of Chinn Lane, on the east side of Eastex Freeway, as described in Exhibit "A" and shown on Exhibit "B," 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 recreational vehicle park in an LI (Light Industrial) and GC -MD (General Commercial - Multiple Family Dwelling) District on property located to the north of Chinn Lane, on the east side of Eastex Freeway, subject to the following conditions: ; and, Meet all requirements for Drainage District #6. Redesign the site plan for efficient movement of vehicles on the site. Obtain permission from the pipeline agency prior to completion. WHEREAS, the City Council is of the opinion that the issuance of such specific use permit to allow a recreational vehicle park 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 recreational vehicle park in an LI (Light Industrial) and GC -MD (General Commercial -Multiple Family Dwelling) District on property located to the north of Chinn Lane, on the east side of Eastex Freeway, as described in Exhibit "A" and shown on Exhibit "B," is hereby granted to Beaumont RV Resort, its legal representatives, successors and assigns, as shown on Exhibit "C," attached hereto and made a part hereof for all purposes, subject to the following conditions: • Meet all requirements for Drainage District #6. • Redesign the site plan for efficient movement of vehicles on the site. • Obtain permission from the pipeline agency prior to completion. 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 "C" 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. The meeting at which this ordinance was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 24th day of October, 2017. - Mayor Becky Ames - LEGAL DESCRIPTION FOR ORDINANCE PURPOSES BEING a 40.00 -acre tract of land lying in the WESLEY B. DYCHES SURVEY, Abstract No. 17 in Jefferson County, Texas being out of and a portion of that 131.467 acre tract of land described in an instrument to Howard Grant Nichols Family Limited Partnership of record in County Clerk's File No. 2000016829 of the Official Public Records of Jefferson County, Texas, said 40.00 acres being more particularly described as follows: BEGINNING at a 5/8" Rod found marking the East right-of-way line of U.S. Highway 69, 96 and 287 (a public roadway), said rod having Texas State Planes Coordinate values of N: 14,000,135.76 and E: 3,490,963.40 and the Southwest corner of that certain 20.0350 acre tract of land described in an instrument to Corsair Holdings, Inc. of record in County Clerk's File No. 9707375 of said Official Public Records, the Northwest corner of said 131.467 acre tract and being the Northwest corner of the herein described tract; THENCE N 87004103" E along and with the South line of said 20.0350 acre tract, the North line of said 131.467 -acre tract and with the North line of the herein described tract for a distance of 329.40 feet to a Rod found marking an angle point on the South line of said 20.0350 acre tract, an angle point on the North line of the said 131.467 acre tract and being an angle point on the North line of the herein described tract; THENCE S 84019'44" E along and with the South line of said 20.0350 acre tract, the North line of said 131.467 acre tract and with the North line of the herein described tract for a distance of 1,195.49 feet to a 1/2" Rod found marking the Southeast corner of said 20.0350 acre tract, an "ell" corner on the North line of the said 131.467 -acre tract and being an "ell" corner on the North line of the herein described tract; THENCE N 13043109" W along and with the East line of said 20.0350 acre tract, the North line of said 131.467 acre tract and with the North line of the herein described tract for a distance of 204.14 feet to a Rod found marking the East line of said 20.0350 acre tract, the Southwest corner of that certain 5.0 acre tract of land described in an instrument to Joe Lauer Trustee of record in County Clerk's File No. 2009003497 of the said Official Public Records, an "ell" corner on the North line of said 131.467 acre tract and being an "ell" corner on the North line of the herein described tract; THENCE S 84022'24" E along and with the South line of said 5.0 acre tract, the North line of the said 131.467 acre tract for a distance of 562.34 feet to a Rod found marking the Southeast corner of said 5.0 acres, the West line of that certain 20.00 foot wide Spoil Easement (designated as Parcel No.2) described in an instrument to Drainage District No. 6 of record in Volume 1270 on Page 528 of the said Official Public Records, the Northeast corner of said 131.467 acre tract of land and being the Northeast corner of the herein described tract; THENCE S 07030'06" E along and with the West line of said 20.00 foot wide Spoil Easement, the East line of said 131.467 acre tract and with the East line of the herein described tract for a distance of 345.43 feet marking a 1/2" Rod set marking an angle point on the West line of said 2305-Pai.doc EXHIBIT "A" 20.00 foot wide Spoil Easement, an angle point on the East line of said 131.467 -acre tract and being an angle point on the East line of the herein described tract; THENCE S 03029'21" E along and with the West line of said 20.00 foot wide Spoil Easement, the East line of said 131.467 acre tract and with the East line of the herein described tract for 530.85 feet marking a 1/2" Rod set marking the West line of said 20.00 foot wide Spoil Easement, the East line of said 131.467 acre tract and being the Southeast corner of the herein described tract; THENCE S 86030139" W, over and across the said 131.467 acre tract and with the South line of the herein described tract for 1,871.22 feet to a 1/2" Rod set marking the East right-of-way line of said U.S. Highway 69, 96 and 287, the West line of said 131.467 acre tract and being the Southwest corner of the herein described tract; THENCE N 19024'23" W along and with the East right-of-way line of said U.S. Highway 69, 96 and 287, the West line of said 131.467 acre tract and with the West line of the herein described tract for 102.15 feet to a TxDOT Concrete Monument found marking the East right- of-way line of said U.S. Highway 69, 96 and 287, an angle point on the West line of said 131.467 acre tract and being an angle point on the West line of the herein described tract; THENCE N 13037'31" W along and with the East right-of-way line of said U.S. Highway 69, 96 and 287, the West line of said 131.467 acre tract and with the East line of the herein described tract for 872.53 feet to the POINT AND PLACE OF BEGINNING, containing an area, 40.00 acres of land. 2305-Pai.doc ile 2305-P: A request for a Specific Use Permit to allow a Recreational Vehicle Park in light Industrial) and GC -MD (General Commercial -Multiple Family Dwelling) zoning. pplicant: Beaumont RV Resort ocation: East side of Eastex Freeway, approximately 1600 feet north of Chinn Road 0 250 500 750 1,000 I i I I I I Feet lat EXHIBIT "C" 2 October 24, 2017 Consider a request for a Specific Use Permit to allow a Mini Storage Facility in GC -MD (General Commercial -Multiple Family Dwelling) District located at 9695 College Street BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Chris Boone, Planning & Community Development Director MEETING DATE: October 24, 2017 REQUESTED ACTION: Consider a request for a Specific Use Permit to allow a Mini Storage Facility in GC -MD (General Commercial -Multiple Family Dwelling) District located at 9695 College Street. BACKGROUND College Street Storage, L.L.C. has submitted a proposed Mini Storage Facility for the property located at 9695 College Street. The facility will consist of two (2) buildings, each with twenty- four (24) units designed for Recreational Vehicle and boat storage. At a Joint Public Hearing held on October 16, 2017, the Planning Commission recommended 9:0 to approve a request for a Specific Use Permit to allow a Mini Storage Facility in GC -MD (General Commercial Multiple Family Dwelling) District located at 9695 College Street with the following condition: 1. Ten (10) foot wide landscaped buffers and an eight (8) foot wood or masonry screening fence be provided along the east, south and west property lines. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the ordinance with the following conditions: 1. Ten (10) foot wide landscaped buffers and an eight (8) foot wood or masonry screening fence be provided along the east, south and west property lines. SPECMC USE P N S APPLIC TIO BEAU 'l< N% TEXAS {Chapw38 cih 03&3 O: Ilffi- PLANNING C{i�. ITSSION AND Cf.WCOTAICIL, Cr.rY OF BE.AbW0'FiF Ti AS APFlrrc&Vs,rAME- Coliegge Street Storage LLC APPUCAr rs ADDRESS: 3506 Windrese, Beaumont, Texas 77706 A PPLiCAN-rs #.40J- 656-3303 FAX 4: I�iAME 4r PROPERT`� OWINT£P• Da -wood Ahmed AD -DRE -SS Oi- iaRO EWfV oNV- � RUO Tassel Field, l u ble Texas 77333 LOCATr N OF "POPERTY; 9695 College, Beaumont, Texps . . LEGAL DESCRIPTION Or P,�q-?j,,RTy. LOTNIO.3 OR 2tACT BLGLd' sti`0 4 PLAT ADDjjjQt,, Wes Calder Fig Acres SMOVEY_ NUTIMBER CG AcREs 4-07id;r icy z OrAf--,RES For pg-p1-ertits nt#t it a t^, carded subdivision, submit a mp of a eua rentsurvey or 1113t.AGI ing Eire pmT.-M ties p"Oposed for,- spree ire use p arrid, «nd n complete legal field rite de-csrip pian. FROPOSM U'SSE; Boat and lit, storage eras GCMD M—E ACI A T. -UT TEP 4Lsvn bin, all P,-ocesm pad rc#iv:€fess irvorved Ivi€h Citepmposed Usts. ATTACH A 3I a E PLAN drattin to Stele With the infortiiati€sn listed p:t ;_i top iraei: side of this sheer AT'T'ACH A REDUCED 8%" K 11 " ?II0'TGaCGp jr OF THE SITE FLSiq. THE EIGHT CONDITBONS iL-ted on zhe ba I' Side Af finis sites[ mast be suet : efo e E ity Cc».rt,rai crr g£snt a specilie use permit. PLEASE, ADDRESS EACH CLINDITIQN It\T #3E AU. MIMACH THE Itd'I'ROPRINTE APPLICA T TIN FE ,; LESS `TFIAN vx ACi<.,r'............ .............. ...... ....................... ......__S2Sa.0 ViJkl-M. OR MDPT- AND LEST T:I %N 5 AI:2iS...r............. 94. ihmo 5 ACRES OR [litU........_.... ................ ......._.-.:............. _.__.-._ 4630.00 1= h6ug the undefsfgiwd aDft£EnL nrder846d £fini atl of the condilions, lanes", a4.n:ig and pa daS arM C`f piin8ii va the site pias[ sh'ali L+: adh.es cc# =a as anweadcd a¢)fr.�y Cit?• Cw-az i. ST 3�'y!19��IIURE O APPLICA — _ �.t� °� � ilxii`�•�1223117 S?G:vri`iFJRE OF PROPERTY 44SNF..R: r 4 PLEASIE 7'.JPE OR Pi'�i�°t AND SUBMIT'ro: �Q�F PA.PNT3NTTi4G T3 nSiflbi HOT MAIN 3I'ItFi"3;1R00'Qf 2€1 FILE NUIMBER.: W701 Phone - (409) 8904764 -Fav - (409),M-31 ?Fi q2+F a e�8fs+kRM9+',-°�4`pdt�'i6k4 ta}3,�-¢xi.asgkuawi«xR?:T�r§rr�g.'rg3€aaffS�✓�mr��gg:.rd+ks F4F¢i4s.H r,---fjsmxTe*s�esai w�g.��e.�EsiieB x-:«a3��+�, yeY�sEz�c ya��a fi$rt$Ef=Ax-'ii.,�cfG?Efl,i SR.[x.=E ESfD& GF COi,WfIONT' O11CAa.E�PEIGs=.£�)I GsHESf"_'i;£'Lnt: AiYBT �i'Eii Q,�£Kf)FpSEtl iisE.S iu'VSTAE`iE�•Tfi^:, August 24, 2017 Mr. Raymond Rowzee, Planner City of Beaumont Hand Delivered Re: 9695 College Specific Use Permit Dear Mr. Rowzee, We are the applicants for a specific use permit for the property located at 9695 College, Beaumont, Texas. We have signed an earnest money contract to purchase the 4 acres of property referenced above from Mr. Dawood Ahmed. One of the conditions of that contract is that we obtain a specific use permit to allow the construction and operation of storage units for pleasure boats and recreational vehicles (motorhomes and 5th wheel trailers). The site plan, which is attached, consists of 24 50 x 14 units and 2412 x 30 units. The building will be constructed with metal buildings on concrete slab with concrete driveways. The building will have a height of approximately seventeen feet with fifteen -foot garage doors on each unit. The facility will be fenced on all sides and the front of the facility will be landscaped. The driveways are currently in place and will not change. However, we will concrete the driveways as they are currently shell. Each building will have a security light, security cameras and the facility will have City trash collection. The finals plans are still being designed and will be presented to the City of Beaumont for approval. It is our intention to conform to all City regulations and building codes. Section 28.04.001 of the Zoning Ordinance requires that eight conditions be met before a specific use permit can be issued. The conditions and our plans are: 1. That the specific use will be compatible with and injurious to the use and enjoyment of other property, nor sign ifica ntly'd im in ish or impair property values within the immediate vicinity. Our plan is to construct a first class facility, with current building methods. The facility will be metal buildings, on concrete slab and concrete driveways. The facility will be landscaped and fenced. In addition, there will be security lights and security cameras. It is our opinion that the facility will increase property values in the general area. 2. That the establishment of the specific use will not impede the normal and orderly development and improvement of the surrounding are. It is our opinion that this new construction will increase development in the area by setting a new and higher standard for development in the area. That section of College has not had new construction in many years. We feel that this could start the revitalization of the area. 3. That adequate utilities, access roads, drainage and other necessary supporting facilities have been or will be provided. The utilities that are currently available in the area will be sufficient for our use. We will need electricity, internet, water and sewer. The access roads (driveways) that are currently on the Mr. Raymond Rowzee, Planner City of Beaumont Page 2 property will not change. However, they will be concreted. The State of Texas (Txdot) and drainage district 6 provide drainage to the site. 4. The design, location and arrangement of all driveways and parking spaces provides for the safe and convenient movement of vehicular and pedestrian traffic without adversely affecting the general public or adjacent development As noted above, we do not plan to move the driveways. There is currently a circular driveway accessing Highway 90. We do not plan to move the driveway. 5. That adequate nuisance prevention measure have been or will betaken to prevent or control offensive odor, fumes, dust, noise and vibration. Again, as noted, the plan is to construct a storage facility and other than cars moving in and out to gain access to their boats or RV, the noise will be minimal. There will no fumes and other offensive problems. 6. That directional lighting will be provided so as not to disturb or adversely affect neighboring properties. We will have security lighting to prove easy access to the facility. There is not plan other than normal security lighting that may be required. 7. That there will be sufficient landscaping and screening to insure harmony and compatibility with adjacent property. The front of the property will be landscaped according the City regulations. 8. The proposed use is in accordance with the Comprehensive Plan. It is our opinion that the City of Beaumont is starting to move west on Highway 90. With the expansion of Exxon Mobil Polyethylene plant, it seems that the natural flow of the City is in that direction. We hope with have answered each question. However, if there are still questions, please feel free to call me at 409-656-3303. Thank you foryour consideration. S" erely, LSC._ tVe Lucas Ypli6 Tim Gaddis cant Applicant ORDINANCE NO. ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A MINI STORAGE FACILITY IN A GC -MD (GENERAL COMMERCIAL -MULTIPLE FAMILY DWELLING) DISTRICT AT 9695 COLLEGE STREET IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS, College Street Storage, L.L.C. has applied for a specific use permit to allow a mini storage facility in a GC -MD (General Commercial -Multiple Family Dwelling) District at 9695 College Street, being Lot 3, Block 4, Wescalder Fig Acres, Beaumont, Jefferson County, Texas, containing 4.059 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 mini storage facility in a GC -MD (General Commercial -Multiple Family Dwelling) District at 9695 College Street, subject to the following condition: ; and, • Ten (10) foot wide landscaped buffers and an eight (8) foot wood or masonry screening fence be provided along the east, south and west property lines. WHEREAS, the City Council is of the opinion that the issuance of such specific use permit to allow a mini storage facility 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, Ccrrfinn 1 That a specific use permit to allow a mini storage facility in a GC -MD (General Commercial -Multiple Family Dwelling) District at 9695 College Street, being Lot 3, Block 4, Wescalder Fig Acres, Beaumont, Jefferson County, Texas, containing 4.059 acres, more or less, as shown on Exhibit "A," is hereby granted to College Street Storage, L.L.C., its legal representatives, successors and assigns, as shown on Exhibit "B," attached hereto and made a part hereof for all purposes, subject to the following condition: • Ten (10) foot wide landscaped buffers and an eight (8) foot wood or masonry screening fence be provided along the east, south and west property lines. Section 2 That the specific use permit herein granted is expressly issued for and in accordance with each particular and detail of the site plan attached hereto as Exhibit "B" and made a part hereof for all purposes. Section 3. Notwithstanding the site plan attached hereto, the use of the property herein above described shall be in all other respects subject to all of the applicable regulations contained in Chapter 28 of the Code of Ordinances of Beaumont, Texas, as amended, as well as comply with any and all federal, state and local statutes, regulations or ordinances which may apply. The meeting at which this ordinance was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 24th day of October, 2017. - Mayor Becky Ames - 2314-P: A request for a Specific Use Permit to allow boat and RV storage in a GC- (General Commercial-Multiple Family Dwelling) District. Gcant: College Street Storage, LLC ition: 9695 College 0 100 200 300 400 1 1 1 1 1 1 Feet EXHIBIT "A" W _o os 1�dM COLLEGE STREET STORAGE I 8/17/2017 STORAGE REV2.DWG 3 October 24, 2017 Consider a request for a Specific Use Permit to allow temporary RV parking related to Hurricane Harvey in RM -H (Residential Multiple Family Dwelling — Highest Density) and RS (Residential - Single Family Dwelling) Districts, for property located at 2310 Smart Street BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Chris Boone, Planning & Community Development Director MEETING DATE: October 24, 2017 REQUESTED ACTION: Consider a request for a Specific Use Permit to allow temporary RV parking related to Hurricane Harvey in RM -H (Residential Multiple Family Dwelling - Highest Density) and RS (Residential - Single Family Dwelling) Districts, for property located at 2310 Smart Street. BACKGROUND Habitat for Humanity is requesting a Specific Use Permit for temporary Recreational Vehicle parking at 2310 Smart Street. Four RV's would be parked at this location as temporary housing for a skilled group of disaster response volunteers who have committed to work in our community for one year due to Hurricane Harvey. The group travels in RV's, therefore the only lodging they require is a place to park. At a Joint Public Hearing held on October 16, 2017, the Planning Commission recommended 7:2 to deny a request for a Specific Use Permit to allow temporary RV parking related to Hurricane Harvey in RM -H (Residential Multiple Family Dwelling — Highest Density) and RS (Residential -Single Family Dwelling) Districts, for property located at 2310 Smart Street. ' FUNDING SOURCE Not applicable. RECOMMENDATION Denial of the ordinance. SPECIFIC USE PERMIT[' APPLICATION BEAUMONT, TEXAS (Chapter 28, City Codes) TO: THE PLANNING COMMISSION AND CITY COUNCIL, CITY OF BEAUMONT, TEXAS APPLICANT'S NAME: �''' y\"s' .-j . -.. _ APPLICANT'S ADDRESS: :-5,k I CLI �'J t k APPLICANT'S PHONE #:'1) U,.6 — -13 �/ 4. =" NAME OF PROPERTY ADDRESS OF PROPERTY LOCATION OF PROPERTY: s,i i- A ;-Pl. LEGAL DESCRIPTION OF PROPERTY: LOT NO. OR BLOCK NO. C/ d NUMBER OF ACRES TRACT PLAT SURVEY NUMBER OF ACRES For properties not in a recorded subdivision, submit a copy of a current survey or plat showing the properties proposed for a specific use permit, and a complete legal field note description. pp PROPOSED USE: C ' uP0 aAR--%i '�''i i , xxci 1141(-:K c. fit. kr'wk. l�e�, � Cpm `�+�� ZONE: ` "��� ON P�NL'o wb� �' � k � �� h=,6j @'sj F+'��`D of -- &� p: r..' -"'k tl�' j j' J r F ATTACH A LETTER describing all processes and activities involved with the proposed uses. L i 6 �"� l'=P=s. ATTACH A SITE PLAN drawn to scale with the information listed on the top back side of this sheet. ATTACH A REDUCED 81/2" X 11" PHOTOCOPY OF THE SITE PLAN. THE EIGHT CONDITIONS listed on the back side of this sheet must be met before City Council can grant a specific use permit. PLEASE ADDRESS EACH CONDITION IN DETAIL. ATTACH THE APPROPRIATE APPLICATION FEE: LESS THAN'/2 ACRE.................................................................$250 �I YV I�v ACRE OR MORE AND LESS THAN 5 ACRES................. 9� 5 ACRES OR MORE............................................................�,.. 650.00 I, being the undersigned applicant, understand that all of the conditions, dimensions, building sizes, landscaping and parking areas depicted on the site plan shall be adhered to as amended and approved by City Council. SIGNATURE OF APPLICANT: SIGNATURE OF PROPERTY OWNER: DATE: PLEASE TYPE OR PRINT AND SUBMIT TO: CITY OF BEAUMONT PLANNING DIVISION f' 801 MAIN STREET, ROOM 201 BEAUMONT, TX 77701 FILE NUMBER: Phone - (409) 880-3764 Fax - (409) 880-3110 PLEASE MAKE NOTE ON REVERSE SIDE OF CONDITIONS TO BE MET REGARDING THE SITE PLAN AND LETTER OF PROPOSED USES AND ACTIVITIES. Habitatfor ® of Ileffferson County September 22, 2017 For over 30 years, building Chris, houses, building I hope this message finds you well. As part of our overall mission to stabilize families hope. and communities by providing affordable housing, we will be a deeply involved in helping Beaumont recover from Harvey by assisting with home repair and continuing to build new homes. As discussed, we are coordinating our resources to facilitate out of town volunteers coming into the area. Lodging has been our biggest roadblock to Joe Evans getting volunteer help into Beaumont. Habitat for Humanity has a skilled group of President disaster response volunteers who have committed to work in our community for one year. This group travels in RV's, so there is no need for lodging, just a place to park. We Sharon Molina have property at 2310 Smart Street which is suitable for this use. Vice President We are sensitive to the fact that this is a residential area, but this temporary solution ClintLinscomb will assist us in getting homeowners help with much needed repairs. We will assume all Treasurer costs for installing electricity, sewer and water. Ronnie Ramirez If I can provide any additional information, please feel free to contact me at 409. Secretary 284.9526 or Elise Smith at 409.499.3036. Thank you for your assistance as we work together in rebuilding from Hurricane Harvey. Denise Berry lane Burns Regards, Michelle Cobb Clay Dugas Michael Holcomb Miriam Morgan Kal Kincaid Philip Long Executive Director Steven McCrary Kirk Smith Jeff Thibodeaux P.O_ Box 3174 Beaumont, TX 77704 (409)832-5853 (409) 832-6768 beaumonthabitat.org HABITAT FOR HUMANITY 310 Trinity Beaumont, Texas 409-832-5853 EIGHT CONDITIONS: o This is a temporary site for about two years which be vacated as soon as HFH workers complete Harvey repairs. o The temporary housing vehicles will be parked and remain there until project is complete. o There are existing city utilities at site. There are two open ditches for drainage. o Single crushed rock driveway parallel to west side of the property only. o . There will not be any odor, fumes, dust, noise or vibration: Site will be well-maintained. o No additional lighting will be installed. Each worker will have only a porch light. o We are applying for a waiver to the perimeter landscaping and screening. o Temporary housing for Harvey workers (max. 8 persons) for approximately two years. ORDINANCE NO. ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW TEMPORARY RV PARKING RELATED TO HURRICANE HARVEY IN RM -H (RESIDENTIAL MULTIPLE FAMILY DWELLING -HIGHEST DENSITY) AND RS (RESIDENTIAL SINGLE FAMILY DWELLING) DISTRICTS AT 2310 SMART STREET IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS, Habitat for Humanity has applied for a specific use permit to allow temporary RV parking related to Hurricane Harvey in RM -H (Residential Multiple Family Dwelling -Highest Density) and RS (Residential Single Family Dwelling) Districts at 2310 Smart Street, being tracts 2, 112, 115 and the east 1004.1 feet of tracts 31, 32, 113 & 114, A. Houston Survey, Abstract 33, Beaumont, Jefferson County, Texas, containing 77.737 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 denial of a specific use permit to allow temporary RV parking related to Hurricane Harvey in RM -H (Residential Multiple Family Dwelling -Highest Density) and RS (Residential Single Family Dwelling) Districts at 2310 Smart Street; and, WHEREAS, notwithstanding the recommendation, the City Council is of the opinion that the issuance of such specific use permit to allow temporary RV parking related to Hurricane Harvey 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 temporary RV parking related to Hurricane Harvey in RM -H (Residential Multiple Family Dwelling -Highest Density) and RS (Residential Single Family Dwelling) Districts at 2310 Smart Street, being tracts 2, 112, 115 and the east 1004.1 feet of tracts 31, 32, 113 & 114, A. Houston Survey, Abstract 33, Beaumont, Jefferson County, Texas, containing 77.737 acres, more or less, as shown on Exhibit "A," is hereby granted to Habitat for Humanity, its legal representatives, successors and assigns, as shown on Exhibit "B," attached hereto and made a part hereof for all purposes. Section 2 That the specific use permit herein granted is expressly issued for and in accordance with each particular and detail of the site plan attached hereto as Exhibit "B" 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. The meeting at which this ordinance was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 24th day of October, 2017. - Mayor Becky Ames - No Text EXHIBIT INS 11 October 24, 2017 Consider a request for amendments to the Zoning Ordinance, Section 28.03.021(d) BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Chris Boone, Planning & Community Development Director MEETING DATE: October 24, 2017 REQUESTED ACTION: Consider a request for amendments to the Zoning Ordinance, Section 28.03.021 (d). BACKGROUND The Planning Staff is recommending changes be made to Section 28.03.021(d) of the Zoning Ordinance. In July of 2000, City Council voted to create the Major/Dowlen/Gladys/Hwy. 105 Sign Overlay District. The ordinance states that the purpose of this district is to, "... provide for the essential identity of facilities along the streets and prevent needless clutter in the area through uniform signage." As the intent of this ordinance was to prevent needless sign clutter in this developing area, it stands to reason that properties not facing, or contained within the boundary of these thoroughfares should not be included in the boundary of the district. The property at 5710 Highway 105 faces Eastex Freeway. In order to be consistent with other commercial properties bordering Eastex freeway, staff recommends altering the boundary of the sign district to exclude this property (similar to the new credit union across the street). In addition, in September of 2016, City Council voted to approve the annexation of 77.73 acres of land at the southwest corner of Major Drive and Folsom Drive. This property contains several existing developments. Staff recommends extending the boundary of the sign district to include the property located within 100 feet of Major Drive in this newly annexed area. Changes to the boundary of the Major/Dowlen/Gladys/Hwy. 105 Sign Overlay District regulations should be as follows: For place of beginning, begin at a point in the north right-of-way line of Tolivar Road, a 60 -foot - wide street right-of-way, said point also being in the southwest corner of Lot 7 and the same being the southeast corner of Lot 8, Neches Terrace Addition, an unrecorded subdivision out of the Daniel Easley Survey, Abstract No. 20, Beaumont, Jefferson County, Texas; Thence in a northerly direction along the common side lot lines of said Lots 7 and 8, a distance of 322.4 feet, more or less, to a point in the south right-of-way line of State Highway 105; thence continuing north a distance of 50 feet to the centerline of said State Highway 105 to a point for corner; thence west along the centerline of State Highway 105 a distance of 200 feet, more or less, to a point for corner; thence north a distance of 50 feet to a point in the north right-of-way line of State Highway 105; Thence north 750 feet to a point for corner; thence east 870 feet to a point for corner in the west right-of-way line of Major Drive (FM 364); thence continuing east a distance of 60 feet to a point in the centerline of Major Drive (FM 364); thence south a distance of 200 feet, more or less, to a point for corner; thence east a distance of 60 feet to a point in the east right-of-way line of Major Drive (FM 3 64); Thence east along the south line of Block 1, Griffmg Villa, Unit 1, recorded in the Jefferson County Map Records in Vol. 12, Page 80, and also being in the north line of Lot 2, Rand Addition, recorded in the Jefferson County Map Records in Vol. 15, Page 39, a distance of 660 feet to a point for corner in the northeast corner of Lot 2, Rand Addition; thence south a distance of 526.07 feet to a point for corner; Thence east along a line which is 200 feet north of and parallel to the north right-of-way line of State Highway 105 to a point in the west line of a 60 -foot -wide Drainage District #6 drainage easement; thence in a southeasterly course along the west line of the DD#6 drainage easement to a point which is 100 feet north of the north right-of-way line of State Highway 105; thence east a distance of approximately one mile to a point in the west right of way lino of the Eris+% Freeway (U.S. Highways > > said point lying 100 feet east of the east right of way line of Old Dev4en Read if Oid Dow4en was extended noAh affoss State ffighway 105; west Zine of Tract out of Lot 1, out of Lot 2, Block 2, W.E. Johson Addition, said point lying 100 north of State Highway 105; Thence south to a point in the centerline of Highway 105; thence east approximately 250 feet to a point in the centerline of Highway 105 and approximately 100 feet east of the east right-of-way line of Old Dowlen Road; thence Thenee south g State Highway 105 „ra , pAin ,;r south along a line 100 feet east of the east right-of-way line of Old Dowlen Road to a point in the north property line of the Wal-Mart Stores Subdivision; thence east along the north line of said subdivision a distance of 954.83 feet to the northeast corner of said subdivision; thence south along the east side of said subdivision a distance of 896.70 feet to a point in the north right-of- way line of the 100 -foot wide Dowlen Road; thence south a distance of 200 feet to a point 100 feet south of Dowlen Road; Thence in a northeast and easterly direction along a line 100 feet south of Dowlen Road to a point in the west line of the Ed Snowden Properties Subdivision (Vol. 13, Pg. 120, Jefferson 877-OB.doe County Map Records); thence south along the west line of the Ed Snowden Subdivision and then continuing south along the west line of Tract 3 of the South Parkdale Addition (Vol. 14, Page 234, J.C.M.R.), and continuing south along the west line of a 60 -foot -wide Drainage District No. 6 drainage easement to a point in the north line of a 70 -foot -wide DD#6 drainage easement (Hillebrandt Bayou); thence south a distance of 35 feet to the centerline of the Hillebrandt Bayou; thence in a southerly direction along the centerline of Hillebrandt Bayou and following the meanderings of the bayou and crossing Folsom Drive and Delaware Street a total distance of approximately 6,500 feet to a point for corner in the centerline of Hillebrandt Bayou; Thence west to the northeast corner of Lot 7, Block 1, Park West Addition; thence continuing west a distance of 261.69 feet to a point, and continuing west across the north lines of Lots 1-4, Block 1, Park West Addition (J.C.M.R Vol. 15, p. 208) an additional distance of 370.32 feet to a point in the northwest corner of Lot 1, Block 1, Park West to a point for corner in the centerline of Dowlen Road, a 100 -foot -wide right-of-way; Thence south for 700 feet along the centerline of Dowlen Road to a point at the north intersection of Dowlen Road and Wellington Place, a 60 -foot -wide street right-of-way, said point lying in the east line of Dowlen Road; thence east a distance of 30 feet to a point in the centerline of Wellington Place; thence south along the centerline of Wellington Place a distance of 1,800 feet, more or less, to a point for corner; thence due west and continuing along the centerline of Wellington Place a distance of 900 feet, more or less, to a point for corner, said point lying 100 feet east of the east right-of-way line of Dowlen Road; Thence south along a line 100 feet east of and parallel to Dowlen Road a distance of 1,600 feet, more or less, to a point for corner 100 feet south of the south right-of-way line of Gladys Avenue; Thence west crossing Dowlen Road and continuing west along a line 100 feet south of the south right-of-way line of Gladys Avenue to a point for corner 100 feet west of the west right-of-way line of North Major Drive (FM 364) and 100 feet south of the south right-of-way line of Gladys Avenue. Thence north along a line 100 feet west of the west right-of-way line of North Major Drive (FM 364) to a point in the south right-of-way line of Dishman Road, said point being the corporate limits of the City of Beaumont; thence east to a point in the centerline of North Major Drive (FM 364) being the corporate city limits; thence north approximately 3647feet along the centerline of North Major Drive (FM 364) to a point; thence west approximately 50 feet to the west right -of way line of Major Drive (FM364) and the southeast corner of Tract 2, Abstract 33, A Houston Survey (33.5870 acres); Thence west along the south property line of Tract 2, Abstract 33, A Houston Survey (33.5870 acres) approximately1004 feet to the southwest corner of Tract 2, Abstract 33, A Houston Survey (33.5870 acres); thence north approximately 3286 feet to a point in the north line of the A. Houston Survey and the south line of the D. Easley Survey said point lying 941 feet west of the 877-OB.doe west right -of -line offorth Major Drive (FM 364); at the inter-see4i ,,, of the southeast eemer of the D. Easiey Survey, Ab 20 and the nottheast eemer- of the A. Huston Survey, ; thence east west to a point being in the south line of the D. Easley Survey and in the north line of the A. Huston Survey, said point lying 100 feet west of the west right-of-way line of North Major Drive (FM 364); Thence continuing north along a line 100 feet east of and parallel to North Major Drive to a point in the north right-of-way line of the L.N.V.A. Canal (Lower Neches Valley Authority Canal); thence in a southwest direction along the northerly line of the L.N.V.A. Canal a distance of 800 feet, more or less, to a point for corner; Thence north 1,400 feet, more or less, to a point at the southeast corner of Western Hills, Unit 2, mobile home subdivision recorded in the J.C.M.R.'s in Vol. 11, Page 42; thence continuing north along the east line of Western Hills, Unit 2 a distance of 810 feet to a point for corner in the south right-of-way line of the 60 -foot -wide Tolivar Road right-of-way; thence north 32° east a distance of 70 feet to the place of beginning, containing an area of 2,613 acres or 4.08 square miles, more or less. At a Joint Public Hearing held on October 16, 2017, the Planning Commission recommended 9:0 to approve a request for amendments to the Zoning Ordinance, Section 28.03.021 (d). FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the ordinance. ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING CHAPTER 28, ARTICLE 28.03, SECTION 28.03.021(d) OF THE CODE OF ORDINANCES OF BEAUMONT, TEXAS RELATING TO THE BOUNDARIES OF THE MAJOR/DOWLEN/GLADYS/HWY. 105 SIGN OVERLAY DISTRICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL; AND PROVIDING A PENALTY. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. THAT Chapter 28, Article 28.03, Section 28.03.021(d) of the Code of Ordinances of the City of Beaumont, be and the same is hereby amended to read as follows: (d) Boundaries. For place of beginning, begin at a point in the north right-of-way line of Tolivar Road, a 60 -foot -wide street right-of-way, said point also being in the southwest corner of Lot 7 and the same being the southeast corner of Lot 8, Neches Terrace Addition, an unrecorded subdivision out of the Daniel Easley Survey, Abstract No. 20, Beaumont, Jefferson County, Texas; Thence in a northerly direction along the common side lot lines of said Lots 7 and 8, a distance of 322.4 feet, more or less, to a point in the south right-of-way line of State Highway 105; thence continuing north a distance of 50 feet to the centerline of said State Highway 105 to a point for corner; thence west along the centerline of State Highway 105 a distance of 200 feet, more or less, to a point for corner; thence north a distance of 50 feet to a point in the north right-of-way line of State Highway 105; Thence north 750 feet to a point for corner; thence east 870 feet to a point for corner in the west right-of-way line of Major Drive (FM 364); thence continuing east a distance of 60 feet to a point in the centerline of Major Drive (FM 364); thence south a distance of 200 feet, more or less, to a point for corner; thence east a distance of 60 feet to a point in the east right-of-way line of Major Drive (FM 364); Thence east along the south line of Block 1, Griffing Villa, Unit 1, recorded in the Jefferson County Map Records in Vol. 12, Page 80, and also being in the north line of Lot 2, Rand Addition, recorded in the Jefferson County Map Records in Vol. 15, Page 39, a distance of 660 feet to a point for corner in the northeast corner of Lot 2, Rand Addition; thence south a distance of 526.07 feet to a point for corner; Thence east along a line which is 200 feet north of and parallel to the north right-of-way line of State Highway 105 to a point in the west line of a 60 -foot -wide Drainage District #6 drainage easement; thence in a southeasterly course along the west line of the DD#6 drainage easement to a point which is 100 feet north of the north right-of-way line of State Highway 105; thence east a distance of approximately one mile to a point in the west line of Tract A out of Lot 1, out of Lot 2, Block 2, W.E. Johson Addition, said point lying 100 north of State Highway 105; Thence south to a point in the centerline of Highway 105; thence east approximately 250 feet to a point in the centerline of Highway 105 and approximately 100 feet east of the east right-of-way line of Old Dowlen Road; thence south along a line 100 feet east of the east right-of-way line of Old Dowlen Road to a point in the north property line of the Wal-Mart Stores Subdivision; thence east along the north line of said subdivision a distance of 954.83 feet to the northeast corner of said subdivision; thence south along the east side of said subdivision a distance of 896.70 feet to a point in the north right-of- way line of the 100 -foot wide Dowlen Road; thence south a distance of 200 feet to a point 100 feet south of Dowlen Road; Thence in a northeast and easterly direction along a line 100 feet south of Dowlen Road to a point in the west line of the Ed Snowden Properties Subdivision (Vol. 13, Pg. 120, Jefferson County Map Records); thence south along the west line of the Ed Snowden Subdivision and then continuing south along the west line of Tract 3 of the South Parkdale Addition (Vol. 14, Page 234, J.C.M.R.), and continuing south along the west line of a 60 -foot -wide Drainage District No. 6 drainage easement to a point in the north line of a 70 -foot -wide DD#6 drainage easement (Hillebrandt Bayou); thence south a distance of 35 feet to the centerline of the Hillebrandt Bayou; thence in a southerly direction along the centerline of Hillebrandt Bayou and following the meanderings of the bayou and crossing Folsom Drive and Delaware Street a total distance of approximately 6,500 feet to a point for corner in the centerline of Hillebrandt Bayou; Thence west to the northeast corner of Lot 7, Block 1, Park West Addition; thence continuing west a distance of 261.69 feet to a point, and continuing west across the north lines of Lots 1-4, Block 1, Park West Addition (J.C.M.R Vol. 15, p. 208) an additional distance of 370.32 feet to a point in the northwest corner of Lot 1, Block 1, Park West to a point for corner in the centerline of Dowlen Road, a 100 -foot -wide right- of-way; Thence south for 700 feet along the centerline of Dowlen Road to a point at the north intersection of Dowlen Road and Wellington Place, a 60 -foot -wide street right-of-way, said point lying in the east line of Dowlen Road; thence east a distance of 30 feet to a point in the centerline of Wellington Place; thence south along the centerline of Wellington Place a distance of 1,800 feet, more or less, to a point for corner; thence due west and continuing along the centerline of Wellington Place a distance of 900 feet, more or less, to a point for corner, said point lying 100 feet east of the east right-of-way line of Dowlen Road; Thence south along a line 100 feet east of and parallel to Dowlen Road a distance of 1,600 feet, more or less, to a point for corner 100 feet south of the south right-of-way line of Gladys Avenue; Thence west crossing Dowlen Road and continuing west along a line 100 feet south of the south right-of-way line of Gladys Avenue to a point for corner 100 feet west of the west right-of-way line of North Major Drive (FM 364) and 100 feet south of the south right-of-way line of Gladys Avenue. Thence north along a line 100 feet west of the west right-of-way line of North Major Drive (FM 364) to a point in the south right-of-way line of Dishman Road, said point being the corporate limits of the City of Beaumont; thence east to a point in the centerline of North Major Drive (FM 364) being the corporate city limits; thence north approximately 3647 feet along the centerline of North Major Drive (FM 364) to a point; thence west approximately 50 feet to the west right -of way line of Major Drive (FM 364) and the southeast corner of Tract 2, Abstract 33, A Houston Survey (33.5870 acres); Thence west along the south property line of Tract 2, Abstract 33, A Houston Survey (33.5870 acres) approximately1004 feet to the southwest corner of Tract 2, Abstract 33, A Houston Survey (33.5870 acres); thence north approximately 3286 feet to a point in the north line of the A. Houston Survey and the south line of the D. Easley Survey said point lying 941 feet west of the west right -of -line of North Major Drive (FM 364); thence east to a point being in the south line of the D. Easley Survey and in the north line of the A. Huston Survey, said point lying 100 feet west of the west right-of-way line of North Major Drive (FM 364); Thence continuing north along a line 100 feet east of and parallel to North Major Drive to a point in the north right-of-way line of the L.N.V.A. Canal (Lower Neches Valley Authority Canal); thence in a southwest direction along the northerly line of the L.N.V.A. Canal a distance of 800 feet, more or less, to a point for corner; Thence north 1,400 feet, more or less, to a point at the southeast corner of Western Hills, Unit 2, mobile home subdivision recorded in the J.C.M.R.'s in Vol. 11, Page 42; thence continuing north along the east line of Western Hills, Unit 2 a distance of 810 feet to a point for corner in the south right-of-way line of the 60 -foot -wide Tolivar Road right-of-way; thence north 320 east a distance of 70 feet to the place of beginning, containing an area of 2,613 acres or 4.08 square miles, more or less. 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 or Ordinance of Beaumont, Texas. The meeting at which this ordinance was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 24th day of October, 2017. - Mayor Becky Ames - 5 October 24, 2017 Consider a request for amendments to the Zoning Ordinance, Section 28.03.023 (e) BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Chris Boone, Planning & Community Development Director MEETING DATE: October 24, 2017 REQUESTED ACTION: Consider a request for amendments to the Zoning Ordinance, Section 28.03.023 (e). BACKGROUND The Planning Staff is recommending changes be made to Section 28.03.023(e) of the Zoning Ordinance. Currently a Specific Use Permit request may be a submitted for Coin Operated Amusement Devices in RCR (Residential Conservation Revitalization) and NC (Neighborhood Commercial) Districts. By right, such devices are permitted in NSC (Neighborhood Shopping Center), GC - MD (General Commercial - Multiple Family Dwelling), CBD (Central Business District), C -M (Commercial - Manufacturing) and LI (Light Industrial) Districts. Recently the City adopted a separate gaming ordinance in an attempt to better regulate gaming uses. With regard to zoning enforcement, the game rooms were considered to be in the same category as a video game arcade. However, recent experiences with this relatively new type of use has revealed compatibility concerns and accommodations that necessitate additional scrutiny and review. The activity associated with the use is such that categorizing them in the same category as a traditional video game arcade is not adequate. As such, we are recommending the additional category of "Gaming Rooms and Devices" as a subcategory of the Amusement and Recreations Services (79) Group. At a Joint Public Hearing held on October 16, 2017, the Planning Commission recommended 9:0 to approve a request for amendments to the Zoning Ordinance, Section 28.03.023 (e). FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the ordinance. Staff recommends that Coin Operated Amusement Devices be permitted as follows: Sec. 28.03.023(e) 876-OB.doc 79 AMUSEMENT AND RECREATION SERVICES, EXCEPT MOTION PICTURE noted) S S S P P S P P P P S 791 Dance Studios, Schools and H S S P P S P P P P S 792 Theatrical Producers, Bands, Orchestras and Entertainers S S P P S P P P P S 793 Bowling Centers Zoning District Permitted Primary Use A -R RS RM- M RM- H RCR RCR- H NC NSC GC- MID GC- MID - 2 CBD C -M LI HI PUD SIC Group S S P P P P S 794 Commercial Sports S P P P S P P P P S 7991 Physical Fitness Facilities P p P P P P P p p S p p p p 7992 Public Golf Courses S S P P S P P P P S 7993 Coin -Operated Amusement Di S S S S S P S Gaming Rooms and Devices S P P S S P P P S 7996 Amusement Parks S S S S S P P P S P P P P P 7997 Membership Sports and Rec. C S S S S S S P P S S P P P p 7999 Amusement and Recreation Services, Not Elsewhere Class 876-OB.doc ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING CHAPTER 28, SECTION 28.03.023(e) PERMITTED USE TABLE OF THE CODE OF ORDINANCES OF BEAUMONT, TEXAS, ADDING A SUBCATEGORY GAMING ROOMS AND DEVICES TO THE SIC PRIMARY USE OF THE AMUSEMENT AND RECREATIONS SERVICES (79) GROUP; 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), Permitted Use Table, SIC Group 79, of the Code of Ordinances of the City of Beaumont be and the same is hereby amended by adding a new subcategory to read as follows: 79 AMUSEMENT AND RECREATION SERVICES, EXCEPT MOTION PICTURES (as noted) S S S P P S P p p p S 791 Dance Studios, Schools and 14 Halls 792 Theatrical Producers, 14 S S P P S P P P P S Bands, Orchestras and Entertainers S S P P SP P P P S 793 Bowling Centers 32 Zoning District Permitted Primary Use A -R R -S R R RCR RC NC NSC GC- GC- CBD C -M LI HI PUD SIC Group Parking Special M- M- R- Group Cond. M H H MID MI D-2 S S P P P P S 794 Commercial Sports 25 S P P P S P P p p S 7991 Physical Fitness Facilities 14 P P P P p p p p p S p p p p 7992 Public Golf Courses 33 S S P P S P P P p S 7993 Coin -Operated Amusement 12 S S S S S P S Gaming Rooms and Devices 12 S P P S S P p p S 17996 Amusement Parks 41 Membership Sports and Rec. 13 MS S S S P p p S p P PP p7997 Clubs 7999 Amusement and Recreation 26 S S S S P P, S S P P P P Services, Not Elsewhere Classified Ccr+tinn 7 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. The meeting at which this ordinance was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 24th day of October, 2017. - Mayor Becky Ames - 0 October 24, 2017 Consider a resolution approving the purchase of a Caterpillar Compactor for use in the Solid Waste Division BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Todd Simoneaux, Chief Financial Officer MEETING DATE: October 24, 2017 REQUESTED ACTION: Council consider a resolution approving the purchase of a Caterpillar Compactor for use in the Solid Waste Division. BACKGROUND The compactor will be purchased from Mustang Cat, of Houston in the amount of $690,000. The new unit will replace unit 5110, which is 26 years old and has exceeded its expected service life. It will be disposed of in accordance with the City's surplus equipment policy. Pricing was obtained through the Houston -Galveston Area Council (HGAC), a cooperative purchasing association providing cities and political subdivisions with the means to purchase specialized equipment at volume pricing. HGAC complies with State of Texas procurement statutes. FUNDING SOURCE Solid Waste 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 one (1) Caterpillar Compactor for use by the Solid Waste Department from Mustang Cat, of Houston, Texas, in the amount of $690,000.00 through the Houston -Galveston Area Council (H -GAC) Cooperative Purchasing Program. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 24th day of October, 2017. - Mayor Becky Ames - October 24, 2017 Consider a resolution authorizing the City Manager to execute Phase One of an agreement with Lockwood, Andrews, Newnam, Inc., (LAN) for the Assessment of the City Sewer Collection System BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Dr. Joseph Majdalani, P.E., Public Works Director MEETING DATE: October 24, 2017 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to execute Phase One of an agreement with Lockwood, Andrews, Newnam, Inc., (LAN) for the Assessment of the City Sewer Collection System. BACKGROUND The purpose of this agreement is to develop and implement a multiyear program for achieving and sustaining compliance with the Texas Commission on Environmental Quality (TCEQ) and U.S. EPA requirements for control of sewer overflows from the collection system. LAN will subcontract part of the work to Chica and Associates, Inc., of Beaumont, estimated to be 15-18 percent of the contract amount. FUNDING SOURCE The total cost of Phase One is $650,000 and will be funded from the Capital Program. 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 an Engineering Services Agreement between the City of Beaumont and Lockwood, Andrews & Newnam, Inc., (LAN), in an amount not to exceed $650,000.00, for Phase One (1) of Three (3) of the Assessment of the City Sewer Collection System to develop and implement a multiyear program for achieving and sustaining compliance with the Texas Commission on Environmental Quality (TCEQ) and U.S. EPA requirements for control of sewer overflows from the collection system. The Agreement is attached hereto as Exhibit "A" and made a part hereof for all purposes. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 24th day of October, 2017. - Mayor Becky Ames - ENGINEERING SERVICES AGREEMENT STATE OF TEXAS COUNTY OF JEFFERSON § CITY OF BEAUMONT § AGREEMENT FOR CITY OF BEAUMONT Sanitary Sewer Overflow Initiative Program Management SECTION 1 This Agreement made and entered into in Beaumont, Jefferson County, Texas between the City of Beaumont, a Municipal Corporation in the State of Texas, hereinafter termed "City" and Lockwood, Andrews & Newnam, Inc. (LAN), duly licensed, and practicing under the laws of the State of Texas, hereinafter termed "Engineer", said. Agreement being executed by the City pursuant to the City Charter and Ordinances and Resolutions of the City Council, and by said Engineer for the Engineering Services hereinafter set forth in connection, with the above designated Project for the City of Beaumont. I. General A. Detailed Project Description The Engineer will perform. Program Management services for the City of Beaumont generally described as providing Program Management required for the City of Beaumont Sanitary Sewer Overflow Initiative (SSOI) as described in Attachments "A", "B", "C" and "V1%, and made part of this contract. All services provided by the Engineer will conform to standard engineering practices utilized by other members ofthe profession practicing under similar circumstances at -the same time and in a similar locality as well as applicable rules .and regulations of the Texas Engineering Practices Act and the rules of the Texas Board of Professional Engineers. B. The Engineer shall not commence work on this proposed Project until he has been notified in writing to proceed. The Engineer, in consideration for the compensation, herein provided, shall render all professional services, including any associated subconsultants, necessary for the development of the Project to completion, as provided in this Agreement. City ofBeaumont _SS01 Program Management • LAN EXHIBIT "A" H. Basic Services a. Meet with the City to determine detailed scope and schedule for each of the three (3) Phases of the project. b. Perform the services described in Attachment A — Services To Be Provided By LAN, Inc. and as implemented in three phases as described in Attachment B — Services To Be Provided Phases I, II, & 111. III. Special Services N/A IV. Additional Services All work that will be performed by the Engineer at the request of the City that is described in this paragraph and not included in the paragraphs above, shall constitute Additional Services. Additional Services shall include, but are not limited to the following: A. Services required by the City in any litigation or other controversy as an expert witness, including actual testimony time, stand-by waiting time, preparation of engineering data and reports or depositions and consulting with the City or its attorney. B. Preparation of any special reports, applications for permits or grants, and appearances before any regulatory agencies or public hearings not included in Attachments "A", "B" "C" and "D". C. Any revisions of previously approved work. D. Any travel and subsistence to points other than Engineer's or City's Offices and Project sites. E. Additional services due to significant changes in scope of Project including but not limited to changes in size, complexity, or character of services as agreed to by both parties. F. Providing services after issuance of Letter of Acceptance from the City. V. Coordination A. The Engineer shall hold monthly conferences with the Public Works Director, hereinafter termed "Director", or his representatives to the end that the Project as developed shall have the full benefit of the City's experience and knowledge of existing needs and facilities, and be consistent with its current policies and standards. To assist the Engineer in this coordination, the City shall make available for the Engineer's use in planning and City of Beaumont SS01 Program Monagemenl -LAN designing the project all existing plans, maps, field notes, statistics, computations, and other data in its possession relative to existing facilities and to this particular Project, at no cost to the Engineer. However, any and all such information shall remain the property of the City and shall be returned if instructed to do so by the Director. To the extent the Engineer utilizes any such information to meet its standard of care the Engineer shall be entitled to keep one such copy for its business record. B. The Director will act on behalf of the City with respect to the work to be performed under this Agreement. He shall have complete authority to transmit instructions, receive information, interpret and define the City's policies and decisions with respect to materials, equipment, elements and systems pertinent to Engineer's services. C. The City will give prompt written notice to the Engineer whenever the City observes or otherwise becomes aware of any defect (error or omission) in the Engineer's services or any development that affects the scope or timing of Engineer's services. D. The City shall furnish approvals and permits from all governmental authorities having jurisdiction over the Project and such approvals and consents from others as may be determined to be necessary by the City for the completion of the Project. The Engineer will provide the City reasonable assistance in connection with such approvals and permits such as furnishing of data compiled by the Engineer pursuant to other provisions of the contract, but shall not be obligated to develop additional data, prepare extensive reports or appear at hearings or the like unless compensated therefore under other provisions on this contract. E. The Engineer shall promptly report, in writing, to the City of any development that would affect the scope or timing of the Project. VI. Fee Schedule A. General For and in consideration of the services to be rendered by the Engineer in this Agreement, the City shall pay and the Engineer shall receive the compensation hereinafter set forth for the Engineer's services described in Sections II, III, and IV. B. Basic and Special Services The basis of compensation for Basic and Special Services shall be at the standard hourly rates and expenses as provided in the Schedule of Hourly Rates and Expenses shown on Attachment "D". The Engineer agrees that the total services and expenses for all three phases shall not exceed $1,950,000.00. This agreement shall cover Phase I only and not to exceed $650,000.00 (Attachment `B"). Other phases will be addressed as funds become available. City of Beaumont SSOI Program Management -LAN VII. City Payments A, Payments shall be made to the Engineer based on the several phases as described above and in accordance with the following: One -hundred percent (100%) of the amount due the Engineer for work performed in each phase shall be payable on a monthly basis. B. Payment shall be made within thirty (30) days after submittal of the request for payment for work performed. C. The City reserves the right to make an audit of time based and reimbursable expense charges claimed for this contract for services. VIII. Revisions to Drawings and Specifications The Engineer shall make, without additional expense to the City over and above the basic fee, such revisions to the Design Phase as may be required to meet the needs of the City. After approval of the Design Phase by the City, any revisions, additions, or other modifications made at the City's request that involves extra services and expenses to the Engineer shall be subject to additional compensation to the Engineer for such extra services and expenses. IX. Ownership of Documents All documents including the original drawings, estimates, specifications, field notes and data, will remain the property of the Engineer as instruments of service. However, it is to be understood that the City shall have free access to all such information with the right to make and retain copies of drawings and all other documents including field notes and data. Any re- use without specific written verification or adaptation by Engineer will be at City's sole risk and without liability or legal exposure to Engineer. X. Termination Either party to this Agreement may terminate the Agreement by giving the other thirty (30) days notice in writing and in accordance with the following procedure: A. Upon delivery of such notice by either party to the party, and upon expiration of the thirty day period, the Engineer shall discontinue all services in connection with the performance of this Agreement and shall proceed to cancel promptly all existing orders and contracts insofar as such orders or contracts are chargeable to this Agreement. As soon as practicable after receipt of notice of termination, the Engineer shall submit a statement, showing in detail the services performed under this Agreement to the date of termination. The Owner shall then pay the Engineer promptly that proportion of the prescribed charge to which the service actually performed under this Agreement is City of Beaumont SSOI Program Management - LAN applicable and useable to this Project, less such payments on account of the charges as have been previously made. Copies of specifications prepared under this Agreement shall be delivered to the City when and if this Agreement is terminated, but subject to the restrictions, as to their use, as set forth in Section VIII. B. Failure by the Engineer to comply with the submittal of the statement, and documents as required above shall constitute a waiver by the Engineer of any and all rights or claims to collect any monies that the Engineer may rightfully be entitled to for services performed under this Agreement. XI. Engineer's Warranty The Engineer warrants that he has not employed or retained any company or person other than a bona fide employee working solely for the Engineer to solicit or secure this Contract, and that he has not for the purpose of soliciting or securing this Contract paid or agreed to pay any company or person, other than a bona fide employee working solely for the Engineer, any fee, commission, percentage, brokerage fee, gift, or any other consideration, contingent upon or resulting from the award or making of this contract. XII. Equal Employment Opportunity The Engineer agrees to follow the Minority Business Enterprise requirements and/or develop an Affirmative Action Plan as set forth by the City. XIII. Assignment or Transfer of Interest The Engineer shall not assign or transfer its interest in the Contract without the written consent of the City. XIV. Indemnification/Liability The Engineer shall save and hold harmless the City from all claims and liability due to activities of himself, bis agents, or employees, performed under this Contract and which result from a negligent act, error or omission of the Engineer or of any person employed by the Engineer. The Engineer shall also save harmless the City from any and all expenses, including attorney fees which might be incurred by the City in litigation or otherwise resisting said claim or liabilities which might be imposed on the City as result of such activities by the Engineer, his agents, or employees and for which the Engineer is found to be legally liable. The Engineer shall, within one week after signing the contract and before any work shall start, furnish the City with certificates of insurance naming the City as additional insured on the General Liability and Automobile policies satisfactory to the City and indicating the existence of Statutory Workmen's Compensation Insurance. Such insurance shall be at the Engineer's expense. The limits shall be as follows; City Of Beaumont SSOf Program Management -LAN Commercial General Liability and Auto Liability Insurance shall not be less than $1,000,000.00 per incident / $I,000,000.00 per occurrence. These certificates shall contain a provision that the City shall be notified thirty (30) days before cancellation of the insurance. The Engineer shall maintain such insurance in force during the life of the contract and no modification or change of insurance carriage and provision shall be made without thirty (30) days written advance notice to the City. XV. Estimates of Cost Since the Engineer has no control over the cost of labor, materials, or equipment or over the contractor's methods of determining prices, or over competitive bidding or market conditions, his opinions of probable Project Cost or Construction Cost provided for herein are to be made on the basis of his experience and qualifications and represent his best judgment as a design professional familiar with the construction industry but the Engineer cannot and does not guarantee that proposals, bids or the construction cost will not vary from opinions of probable cost prepared by Engineer. XVI. Force Majeurc The City agrees that the Engineer is not responsible for damages arising from any circumstances beyond the Engineer's reasonable control. For purposes of this Agreement, such causes include, but are not limited to, strikes or other labor disputes; severe weather disruptions, natural disasters, fire or other acts of God; riots, war or other emergencies; failure of any governmental agency to act in timely manner; failure of performance by the City or the City's other Engineers, it's Contractor or any of their subcontractors; or discovery of any hazardous substances or differing and unforeseeable site conditions. XVII. Interest in City Contracts Prohibited No officer or employee of the City shall have a financial interest, direct or indirect, in any Contract with the City, or shall be financially interested, directly or indirectly, in the sale to the City of any land, materials, supplies or service, except on behalf of the City as an officer or employee. XVIII. Entire Agreement This Agreement, including the attachments, represents the entire and integrated Agreement between the City and Engineer and supersedes all prior negotiation, representations, or agreements, either oral or written. This Agreement may be amended only by written instrument signed by both the City and Engineer. City of Beaumont SSOI Program Management- LAN SECTION 2 IN WITNESS WHEREOF, the City of Beaumont has lawfully caused these presents to be executed by the hand of the City Manager of said City, and the corporate seal. of said City to be hereunto affixed and this instrument to be attested by the City Clerk, and the said Engineer, acting by the hand of Derek St. John, PE. CFM thereunto authorized signee title, does now sign, execute and deliver this document. Done at Beaumont; Texas, on this Lockwood, Andrews & Newnam, Inc. Qusine�Grp Director Attest:.7 City of Beaumont SSOI Program :Management- LAN day of , A.D. 2017. CITY OF BEAUMONT By: City Manager Attest: ATTACHMENT A SERVICES TO BE PROVIDED BY LAN, INC. Chy of Beaumont SS01 Program Management • LAN City of Beaumont -• SSO1 Program f�iianagcirient Scope of Worl< October- Vii, 207.7 Attachment A — Scope of Services City of Beaumont SSOI Program Management Introduction The purpose of this Program Management services contract is to provide management and technical leadership for specific areas of the City of Beaumont's (City) delivery of its commitment under the Sanitary Sewer Overflow Initiative (SSOI) with the Texas Commission on Environmental Quality (TCEQ). The purpose of the City's SSOI is to improve the performance of its existing collection system assets (e.g. laterals, sewers, manholes, trunk sewers, lift stations, force mains, siphons, and the WWTP) for conveying dry and wet weather flows. This improvement would first focus on operations and maintenance activities and could extend to renewing the infrastructure or recommending larger infrastructure if needed. Performance improvement is measured by the number of sanitary sewer overflows (SSOs) and customer service problems that occur. These problems result from the inability of the current assets to properly convey flows, excessive flows entering the system or a need for additional system capacity. This scope of work focuses on identifying the need for resources to address Operations and Maintenance (O&M) responses, renewal of assets where needed or providing recommendations for new or expanded capacity to correct performance problems. The approach to this work will be action oriented by taking advantage of existing City reports and data, and focusing on field inspection of assets to identify problems. The findings from this research and field work will be reviewed with City staff to reach an agreed approach. This ongoing process of investigation, review and action is critical to maintaining progress on goals and resolving problems. This keeps work consistently flowing to City resources and it's outside work -order contractors. Because the exact nature and extent of problems within the City's collection system are not fully known the scope is not fully defined at this time. As the scope and extent of problems are identified the future focus, staffing level and support from LAN's internal and external resources will be adjusted. Similarly, this will affect how and where the City elects to spend its O&M and capital funding over time. These changes in scope of this assignment will be reviewed by the Program Manager (PgM) each month with the Director of Public Works (Director). This will include continuing, expanding or contracting ongoing efforts and adding new efforts to meets the needs of the City as determined from the results of prior work by LAN and results from the City's own implementation of SSOI actions. Page 1 of 13 City of 13caumont — SSOI Program Management Scope of Worl< October 47J, 101 One key objective is to investigate and recommend actions needed to reduce peak rainfall induced inflows to the collection system. This will include physical inspection of trunk sewers, major lift stations/force mains and treatment plant operations. The goal is to provide a combination of actions that will allow these assets to each operate better and be coordinated collectively to provide better performance. Task 1 - Program Mana e� ment Program planning and reporting will be coordinated directly with the Director. The intent is to collaboratively plan the specific scopes of work for Tasks 2 through 5 sufficiently to allow an estimated level of effort and schedule to be prepared. Some scopes of work by the investigative nature of the assignment will be difficult to predict the level of effort or outcome. Because of these types of assignments the PgM will provide biweekly reports to allow for additional adjustments to the work between the monthly meetings. The goal is to provide visibility so that the City and LAN are in agreement about the proposed level of expenditures, schedules and results. The work by subconsultants or subcontractors will be presented as written proposals for consideration by the Director. These will be either lump surn or time and materials contracting as best suits the service and situation. The Director and PgM will manage the overall schedule and costs for services under this program of work. This will include providing a monthly summary of its activities and results. In addition, LAN will accumulate and produce a draft version of the SSOI Annual Progress Report on a quarterly basis. This will serve as a check point for progress towards SSOI goals, facilitate discussion on adjustments to Program approaches and secures the data so that the SSOI Annual Progress Report is thorough, accurate and timely. The PgM will also prepare internal reporting that can be used by City staff to support discussions with City Management, Council or the general public. LAN will support City staff with meetings with any or all of these stakeholders as requested. Task 2 - Performance IMDrovement The purpose of this task is to perform research and field work to quantify performance problems and rapidly produce recommended approaches to correct them. The assets and scale of investigations will be recommended by LAN to Beaumont and negotiated prior to starting any work. The scope of this service includes all collection system assets (e.g. laterals, sewers, manholes, trunk sewers, lift stations, force mains, siphons, and the WWTP). The scale of investigations will vary from very large (e.g. major trunk sewers or lift stations) to very small (e.g. an individual siphon). The initial action taken under this task will be to collect, review and summarize key points from the City's existing reports or other data sets. This information would be used by LAN to prepare its Draft Action Plan. The purpose of the Draft Action Plan is to identify in detail how each activity will support the City's implementation of collection system Capacity, Management, Operations and Maintenance (CMOM) as it delivers on its SSOI commitments. Page 2 of 13 Citk/ Of IAF 3Lllripili: - SS01 Prograrit Mi371i1geaiertt Scop,, of Woi < Oc o1jei 5, 201-1 Upon approval and sequencing of the goals in the Approved Action Plan (the Plan) LAN will prepare a Master Program Schedule (Schedule) to sequence the work required under the Plan. Both the Plan and Schedule will be reviewed regularly in an effort to better focus LAN and the City's resources. LAN will review the Schedule with the City and, where needed, coordinate with subcontractors or subconsultants to confirm scheduling, pricing and coordination with City operations stiff. Upon approval by the City LAN would implement the Plan and report on this Schedule. The collection system assets will be evaluated in the following categories: Gravity Sewers - Larger than 12 -inches, The goals are to make good use of existing City data, efficiently deploy resources to the field and convert those findings into actionable recommendations. These investigations will follow this basic template, unless agreed otherwise in specific circumstances, for all work: 1. Order of Work— Based on the initial discussion about how rapidly significant flows arrive at the WWTP in response to rainfall it was decided to perform field work in the following order: a. The first 6,000 feet of each trunk sewer entering the WWTP, b. The remainder of the 72 -inch trunk sewer entering the WWTP from the west side of the City, and its upstream reaches of all diameters until it terminates, c. The first 6,000 feet of each trunk sewer entering lift stations discharging directly to the WWTP, and d. Provide the City with a recommendation on the order, extent and methods of inspection of the remaining trunk sewers upon completing the work above. 2. Backround Research — In coordination with City staff, LAN will review available reports, models, mapping/work order data, or other information to summarize what is known about the specific assets of interest. The goal is to avoid spending money on field time that simply reproduces existing data or gather new data from which no action would be taken. As part of this work LAN will try to confirm whether previously recommended corrective actions have been implemented. 3. Field Investigation — LAN will coordinate with City staff as it performs the following field investigations: a. Physical Inspection Approach —Manholes i. The City of Beaumont will survey the location and elevation of each manhole in the segments to be inspected. This data will be provided to LAN and identified according to the City's manhole numbering system ii. LAN will open and assess each manhole in the segments to be inspected. These inspection results will be coded using a mutually agreed system of defect identification. Page 3 of 13 City of Beaull-jont •-• SSUi P o¢ i ain M anagen -leen Scope of wol-lk O tober' S, 207.7 iii. Tier 1 Inspection - the focus of these investigations is to identify where large sources of inflow could enter the trunk sewers. Where the manhole frame, cover, or structure show obvious defects that would allow surface water to flow into the trunk sewer the inspection process will record all agreed information for the manhole inspection. iv. Tier 2 Inspection - where there are no visually apparent defects that would allow surface water to flow into the sewer, and no other defects that would warrant immediate action by the City, the inspection process will include documentary photographs and a limited set of defect coding and data gathering. The purpose of this approach is to move quickly through the system to spend time with clearly defective assets by limiting time with those that are not. b. Physical Inspection Approach — Trunk Sewer Alignments i. Background research on sewer alignments will focus on crossings by all storm water channels or pipes and by all private utilities where those are known. This will be used during field work to focus observation of surface conditions on those locations where known crossings are present. Crossings with storm water channels or pipes are potential sources of inflow. Crossings with private utilities are potential causes of subsidence or, where improperly installed, borings through the trunk sewer itself. ii. Each location where there is evidence of surface disturbance above the approximated location of the trunk sewer will be photographed, a summary of observations entered along with an approximate location (swing ties to available permanent features) and the location will be marked with paint to allow follow up survey by the City. iii. For each potential defect location identified LAN will provide the City with a recommended next step. This will range from further testing or internal inspection of the sewer, exploratory excavation to confirm the presence or absence of an actionable defect or the need for immediate repair. c. Immediate Action Items —LAN will notify designated City staff whenever it observes conditions that warrant immediate further review by the City to determine if corrective action(s) need to be taken before the bi-weekly summary report is delivered. Supporting Observations — Record observations about whether the system being observed is performing correctly or is currently in need of operations or maintenance attention. (E.g. when looking at gravity sewers it will be noted whether the sewer is down and flowing, surcharged and needs flushing, shows signs of infiltration, shows signs of previous surcharge, presence of sinkholes, unusual vegetation, and debris along alignments). These observations, and others, will support decision making for immediate maintenance or factor into renewal needs. Page 4 of 13 GIYof 13caun'IOIIt _ SSU) S"(.ope Of wol-k QctoI:)CP';, 2017 4. Field Investigation Documentation — LAN will coordinate with the City's GIS department to deliver digital copies of data that are coded to allow that data to be associated with the specific asset. This data will include photographs and field inspection reports. This data will be delivered every two weeks throughout the 60 -day field inspection period. 5. City Briefing — The goal will be to brief the City on findings and recommendations at the end of the initial 60 -day field investigation period. Because the condition of the trunk sewers and access limitations along the alignment are not fully known it not possible to forecast production rates or dates of completion of the work areas listed in 1, above. LAN will provide the City with bi-weekly summaries of production, estimates of level of effort to complete remaining inspections and summarizing any immediate action items identified. The goal is to promote regular interaction so that City input or directions for adjusting objectives can be implemented in a timely manner. 6. Follow Un — Should additional field work be recommended; LAN would again brief the City on findings to develop an agreed approach. 7. Documentation —At the conclusion of the first 60 -days of fieldwork, and thereafter by mutual agreement with the City, LAN will prepare a technical memorandum describing findings and recommendations. A recommended approach for the next 60 -day investigation cycle will be provide for review and approval by the City. Gravity Sewers —12 -inches and smaller 1. Order of Work — The order of work will be developed by LAN based on background research and will be adjusted through discussion with the City prior to initiating field investigations. 2. Background Research — The goal for gravity sewers 12 -inches and smaller is the same as for the larger pipes; efficient inspection focused on reducing inflow to the collection system. Background research will be prepared to highlight the location and causes of SSOs, sanitary sewers that are located under open channels, cross storm sewers, are crossed by private utilities, locations where defects were identified in prior studies, or have manholes that are subject to inundation in response to rainfall. This research will be conducted by LAN to develop a proposed approach to its field investigations and will be reviewed and adjusted based on conversations with the City. 3. Field Investigation — The field inspection of manholes and sewer alignments will be the same as for trunk sewers. LAN does not expect to open and inspect every manhole or walk the full length of every sewer within any given meter basin. 4. Field Investigation Documentation— LAN will utilize the same tools and methods for documenting field observations as is proposed for trunk sewers. Page 5of13 Laity of L•�caun*iorit -- SSOI Program I\fanagerricarit Scope of Work October 5, 20,1 7 5. City Briefing — LAN will include a summary of these field investigations in the bi- weekly summary discussed previously. 6. Follow Un — Prior to initiating more detailed location of defects through smoke testing, dye testing or CCTV inspection LAN will provide a written recommendation to the City. The objective would be to accumulate a sufficient volume of such work to make mobilizing those resources more effective. 8. Documentation — At the conclusion of the first 60 -days of field work, and thereafter by mutual agreement with the City, LAN will prepare a technical memorandum describing findings and recommendations. A recommended approach for the next 60 -day investigation cycle will be provide for review and approval by the City. Gravi1y Sewers_ Siphons all sizes The City has committed to cleaning all siphons every two years. Additional information on the performance of cleaned and uncleaned siphons would be useful in documenting whether the cleaning is beneficial and provide a basis for making adjustments to the frequency of cleaning. LAN will develop a method for City crews to record observations about the performance of the siphon before and after cleaning. This will help in documenting the performance improvement and set a baseline for subsequent monitoring. This will also include a procedure for testing the water -tightness of the siphon by temporarily stopping flow and pumping the water out of the siphon into the downstream sewer. LAN will review the results of this information from the City and summarize those results in- a technical memorandum to the City. Where LAN is performing inspections on gravity sewers and a siphon is within the study area it will open the siphon access manholes and gather data on those manholes. It will also note the flowlines across the siphon as measured from the rim elevations surveyed by the City. These measurements will benchmark changes in performance that can be noted in subsequent inspections. These inspections will be reported at the same time and in the same way as the remainder of the manholes and sewers being inspected. Wet Weather Field Investigations — Sewers, Lift Stations, or WWTP Order of Work — The order of work will be developed by LAN based on background research and will be adjusted through discussion with the City prior to initiating field investigations. The objective of this activity is to have a list of known wet weather performance problems for which advance research can be performed by LAN. When LAN is mobilized for other work and it is interrupted by rainfall, or when rainfall in another part of Beaumont triggers a performance problem, our resources can stop the work in progress to investigate the issue as it occurs. This takes advantage of conditions to investigate problems in progress and provides valuable alternative work assignments for the field team to shift to when "rained out" of planned work activities. Page 6 of 13 City Of RFaLlIYIUIIt •- SSOJ hrogr cern Manageiiierit Scope of Work October 5, 2017 2. Background Research — Developing background research will start with Beaumont staff identifying known problem locations or conditions. These will be prioritized and background information reviewed so that the field team is able to shift to investigating a problem in progress with a plan for where to go, what to observe or measure and how to document the situation. This background research will require review of City records to understand the sewer system, its prior modifications, details of its performance history, maintenance history and status of recommendations from prior studies, modeling or smoke testing. 3. Field Investi ag tion — The field investigation will be defined on a case by case basis for the prioritized known problem locations. These locations will be visited in dry weather when the field team is in the area or has time available to include this work in the course of scheduled work. When rainfall is observed or the City notifies LAN's field team leader that the problem is in progress, the team will stop current work and move to the reported location to investigate. 4. Field Investigation Documentation — LAN will utilize the same tools and methods for documenting field observations as is proposed for trunk sewers. 5. City Briefing — LAN will include a summary of these field investigations in the bi- weekly summary discussed previously. 6. Follow Un — In addition to all of the other methods of evaluating the condition of the system LAN will provide recommendations that could include: a. installation by City of remote sensing devices to provide automated notice of deteriorating performance (e.g. SmartCover monitoring systems, or similar), b. flow monitoring and development of localized collection system models to evaluate performance, c. enhanced cleaning frequency, or d. develop a Capital Project Description to define the scope of a capital project that would address the problem. The Capital Project Description would be used by the City to select a design engineer to implement the recommended project. 9. Documentation — At the conclusion of the first 60 -days of field work, and thereafter by mutual agreement with the City, LAN will prepare a technical memorandum describing findings and recommendations. A recommended approach for the next 60 -day investigation cycle will be provide for review and approval by the City. Task 3 - O&M LAN will support the City's O&M commitments under the SSOI by consolidating existing and future system performance data into a format that supports analysis, decision making and reporting. This data will include, but is not limited to, reported SSOs, customer service requests, work orders, grease trap ordinance compliance, grease route field crew observations, and LAN's own field observations. LAN and the City would evaluate this data to identify and rank Page 7 of 13 City of BeaLarnorit -- SSOI Program Mariagemcnt Scope of Work October S, 2017 performance by meter basin throughout the City. By continually updating these rankings it will be possible to: • make management decisions on where and when to apply more or less resources, • better understand the types of resources that are producing results most cost effectively so that this information can be leveraged to other areas, and • support timely reporting to City stakeholders and annually to TCEQ. By undertaking this activity early in the Program it will help to focus the locations and purposes of field investigations to be performed by LAN. Key activities that LAN can undertake would include, but are not limited to: • Review and analysis of prior and ongoing SSOI to assess effectiveness of current approaches for increasing performance. This would lead to recommended future use of new methods or changes in existing methods. • Monitoring siphon cleaning frequency versus collection system areas served to determine benefits and optimize cleaning frequency. • Review LS operation data for action triggers based on wet and dry weather performance in the collection system areas served. • Review stoppagelblockage data for action triggers. Task 4 - Renewal Proeram LAN will support the City's renewal commitments under the SSOI by assessing the improvement in performance where renewal work is performed. To support this at the outset LAN would correlate the performance data produced in Task 3 with the City's current records of collection system renewal. This will provide a means of assessing how effective prior renewal investments have been at changing collection system performance. This historical information in combination with ongoing review of performance after renewal is implemented will help to direct the course of future renewal methods, extent and locations. As with the O&M data analysis this will help -to identify and rank meter basins City wide for evaluation. LAN will prepare Capital Project Descriptions where data driven or field based research identify a need to implement a capital project that is not suited for City resources or work order contractors to perform. These would only be prepared with the prior approval of the City and would contain enough information for the City to have selected the option it wants implemented and to provide enough definition of the required project for the engineer selected by the City to develop its scope of work and fee. The following types of evaluations may identify the need for capital projects: • Detailed capacity testing and lift station condition assessments, Page 8 of 13 City of 13eaum011t -- S501 Program Managrnnent Scope of Wori< October S, 201'7 • WWTP and major lift station operations optimization to increase total flow processed by maximizing use of system and offline storage, • Identifying drivers of underachieving performance (e.g. construction quality methodologies) and strategy (i.e. technique and extent) • Lift station pump strategy for optimization, i.e. optimizing collection system storage during wet weather without creating sanitary sewer overflows (SSOs). Task 5 - Support Services LAN Provided Support Services — Detailed Scopes of Work will be developed for Supporting Services that the City directs LAN to implement. Buried Asset Management (BAM) — The scope of LAN's work on the SSOI will by its nature provide numerous opportunities to validate the location, elevation, condition and size of collection system assets. This scope of work can be coordinated with the City's other efforts to implement a BAM or to update data within any of its existing systems. This will principally involve coordination meetings to confirm the format (e.g. Cityworks) and platform (e.g. iPad, Surface or other portable devices) for field data record keeping. These meetings would happen before initiating field investigations so that data can be efficiently captured and conveyed to the City throughout the duration of this work. WWTP Capacity or Process Optimization — This scope of work could become necessary to supplement setting a City wide strategy for managing peak wet weather flows. The collection system investigation and renewal component under Task 2 — Performance Improvement may require an enhanced understanding of the operational strategies and capabilities in place for managing peak flows through the City's major lift stations and WWTP. Due to the wide range of evaluation options LAN would perform a cursory review of the WWTP to develop a specific scope and fee for review with the City. Collection System Model ina — This scope of work will become necessary to supplement setting a City wide strategy for managing peak wet weather flows throughout the collection system and WWTP, for studying current or future conditions in sub -areas of the collection system, for collaborating with the City on enhancements to its current or prospective SCADA system capabilities, or for supporting more detailed development of Capital Project Descriptions for use by the City in defining renewal projects. Lift Station and Force Main Inspections and Testing - This scope of work could become necessary to supplement setting a City wide strategy for managing peak wet weather flows, for studying current or future conditions in sub -areas of the collection system, for collaborating with the City on enhancements to its current or prospective SCADA system capabilities, for developing enhanced maintenance or monitoring protocols, or for supporting more detailed development of Capital Project Descriptions for use by the City in defining renewal projects. Due to the wide range of conditions and testing options Page 9 of 13 City of Beauii'ror:t -. SS01 Program Matiag .rnent Scrape of Wod< October S, 2011 LAN would perform a cursory inspection of each asset to develop a site specific testing plan and fee for review with the City. • Supervisory Control and Data Acquisition (_SCADA) Support — This scope of work could become necessary to assist the City in developing broader coverage and functionality for its existing SCADA system. This would likely focus on the coordination of collection system data (if any permanent metering devices are installed), large or major lift stations and the WWTP. Grant Applications — This scope of work could become attractive as a means of addressing specific situations found through these held investigations. Examples include, but are not limited to, preparing CDBG applications for qualifying areas so that private portions of sanitary sewer laterals can be replaced at no cost to the property owners or preparing hazard mitigation grants to relevant agencies to improve the ability of collection system assets to perform properly in response to flooding or other natural disasters. Other Services as may be mutually agreed to in writing between the City and LAN that serve the goal of efficiently improving performance of the collection system. LAN Sub -Contracted Services and Staffing Based on the scope of work as it is known at this time LAN has, or is prepared to, arrange for subcontracted services to support its work for the City. LAN is committed to meeting its goal for MBE contracting across the entirety of this contract. These subcontracted services include, but are not limited to, the following: Chief Environmental Services, Inc. (Chict — Chief is a leading contractor in Southeast Texas in providing comprehensive support for collection system performance investigations. LAN would, at the point where the scope and duration of initial assignments are defined, work with Chief to get them under contract. At that point LAN will work with the City to define work packages that allow for efficiency in production, negotiate those with Chief and reach agreement with the City for providing those services. Some of the services which Chief may provide include: o Sanitary Sewer Evaluation Survey (SSSS) o Smoke Testing o Dye Testing o CCTV with supporting cleaning of pipes o Other Services as may be agreed to in writing • blow and Rainfall Monitoring —The City has experience over the past twenty years with two of the major service providers of flow and rainfall monitoring. Should these services become needed for investigative support of collection system performance, documentation of performance in response to collection system renewal or in support of Page 10 of 13 CiLy Gi Beaumont — 5)SOI Pf'f.)'-Vall) MI jf;p(iP_ of wol-k Oc:tobei, S, 2017 hydraulic modeling of the collection system LAN would, in coordination with the City, work with either of those service providers. Additional Field Staff — LAN and the City may both benefit from having access to additional field staff for supporting collection system investigations. LAN may, with the concurrence of the City, wish to periodically utilize experienced collection system engineers for investigations that require additional staff. In addition, field work requires supporting labor to support the work of LAN's staff. This includes labor to open and close manholes, limited clearing around manholes in easements, coordinating for safe traffic control when stopped in neighborhoods and other situations where it is important to allow LAN's technical staff to stay focused on the work at hand. These types of additional field staff will be coordinated in advance with the City as each package of work is being developed. • Other Services as may be mutually agreed to in writing between the City and LAN that serve the goal of efficiently improving performance of the collection system. City of Beaumont Provide Surveying Services and Field Investigation Staffing Surveying — Surveying will be required in support of field work throughout this SSOI. LAN will work with City staff to identify the locations where survey work is needed in support of this scope of work. The City has agreed to provide survey support to work by LAN. The extent of survey support will depend in large part on the LAN's and the City's need for data accuracy in each situation and the ability of City field devices to provide x, y, z information. • Field Investigation Staffing — The City has offered to provide members of its staff to work with LAN in conducting field investigations. This will be reviewed and agreed to on a case by case basis. Where City provided staffing become unavailable, or the task requires more staffing than is available from the City, LAN will provide staff from other LAN employees or its subconsultants or subcontractors. LAN's ASSUMPTIONS LAN and its various service providers want to work with the City and its staff to conduct our business safely and efficiently. In doing so there are underlying assumptions by LAN about activities it should and should not be undertaking or conditions that are to be anticipated in work of this type. Those that are known at this time are summarized here and may be modified by LAN or the City by mutual consent throughout the term of this Contract. 1. Confined Space Entry (CSE) — LAN staff are not trained and will not perform CSE. LAN's staff will be advised in writing so that there is no misunderstanding about this prohibition and consequences for failure to comply. Non -LAN service providers may be allowed to perform CSE in support of LAN assignments. LAN reserves the right to unilaterally refuse such work where it believes the work cannot be safely performed. Page 11 of 13 01:y Of R-CiWI 10f1t --'.",SO! Prof rani iMianagaerllent Scope of Wurl< October 'i, ]_Ul % LAN and its service providers will work to find alternative methods for gathering data to avoid the cost and risks of conducting CSE. 2. LAN Sub -Contracted Services and Staffing are being provided exclusively to facilitate and support the field investigations associated with its own work assignments. 3. Traffic control will not be provided. LAN will open manholes on residential streets where the safety of its staff and of the traveling public can be managed. LAN will coordinate with the City for it to provide traffic control in all other areas. LAN will not enter onto private or commercial property without coordinating such activities through the City. 4. The City will operate or deactivate its assets in association with any LAN performed inspections or testing. This includes, but is not limited to, operating lift stations to draw down the wet well, emptying the wet well, and turning off pumps to surcharge the wet well or other operating scenarios. S. LAN will not operate drones in the performance of this work. Should an opportunity arise where such technology may be an advantage to the City in undertaking this work LAN would review this position on a case-by-case basis. 6. LAN will not clear rights of way or easements for access to collection system assets. LAN will coordinate with the City in advance of all field investigations to confirm that safe access is available or to schedule the field investigation after the City has an opportunity to provide that access. 7. LAN intends to work in the best interest of the City and needs to have continuous access to both project and operations staff while it is working in the field. To facilitate this LAN will provide the City with its 24/7 contact information and the City will provide the same. LAN, for expediency in time sensitive situations, be willing to sign out a City radio in order to be able to provide prompt reporting of time sensitive information. 8. The City will provide LAN's staff and its subcontracted service providers with a standard form of identification and fact sheet that can be used in situations where the public, City staff, fire department or law enforcement inquire about activities. LAN will submit for the City's review and approval a proposed `Contractor ID' and fact sheet for this program. Security clearance and badges for access to City facilities and buildings would be helpful but are not required. 9. LAN and the City will coordinate on all activities that will impact the public; including how they will be informed of the upcoming activity. 10. LAN will not operate off-road vehicles, construction equipment, boats or other power equipment beyond those items customarily employed in the services listed in this Scope of Work. Page 12 of 13 City of BeaurnorIt: -- SSDI Prograrn Managcrrierit Scor --)e of Work October `i, 2017 11. LAN will always provide written notice and a call to our City assigned Point of Contact (POC) 48 -hours in advance of any proposed field work by its forces or its subcontractors. This is to avoid inefficiencies in performing the work or lost time in arriving for work that cannot be efficiently performed. The City's POC will contact LAN's POC at least 12 -hours before the planned start of work where weather, access to the site(s), other work by the City or the City's inability to support this work would prevent LAN from being able to work. Where LAN, or its subconsultants, are in transit to perform planned work or has arrived and is stopped from working it will be paid for its time and materials to stop and reschedule the work. LAN is very conscientious about delivering cost-effective services and wants to cooperate closely to avoid lost or down-time costs for the City. End of Scope of Work Page 13 of 13 ATTACHMENT B SERVICES TO BE PROVIDED PHASE I, II, & III BY LAN, INC. City of seaumant ssoi Program Management • LAN October 5, 2017 Joseph Majdalani, PE, PhD, CFM Public Works Director City of Beaumont 801 Main Street, Suite 200 Beaumont, Texas 77704 Attachment B Lockwood, Andrews & Newnam, Inc. _ A I 10 A DALY COMPANY Attention: Joseph Majdalani, PE, PhD, CFM Reference: City of Beaumont SSOI Program Management Attachment B Dear Dr. Majdalani: Per your request, Lockwood, Andrews & Newnam, Inc. (LAN) has prepared this Attachment B to describe the general scope and fee schedule for the above referenced project. The effort described in Attachment A is the proposed scope of services to support the City's implementation of its Sanitary Sewer Overflow Initiative Program. In general, the tasks include program management, performing research and field investigations to develop recommendations for O&M, asset renewal and capital projects needed to comply with the City's SSOI agreement with TCEQ. The purpose of these Program Management services is to support the City's goal of improving the performance of its collection system assets in order meet the SSOI goal of protecting human health and the environment. This project is expected to cost $1,950,000 and is proposed to be divided into three (3) project phases, as briefly described below, with Phase One funded at $650,000. 1. In Phase One LAN will review existing data and reports, coordinate those findings with SSOI commitments, develop a field investigation methodology and select components of the collection system to investigate, produce recommendations in conjunction with City staff and prepare a record copy of this work. These recommendations will cover modified O&M or asset renewal and can include preparing Capital Project Descriptions for work requiring design services. 2. In Phase Two LAN will continue performing field investigation work and preparing recommendations and will provide recommendations for optimizing the overall mix of O&M and renewal based on results of Phase One findings. In Phase Three LAN will continue with the field investigation and optimization services and will, if hydraulic capacity of the collection system appears to be causing poor performance, recommend and implement a program of field data collection, hydraulic modeling for all, or parts, of the collection system to evaluate capital projects needed to improve performance. LAN may, at the discretion of the Director, be directed to perform field data collection and hydraulic modeling in Phase Two. 2925 Brla'park Drive, Sulle 400 - Houston, Texas 77042.3720 • 713.200,0900 • FOX: 713,200.2009 • www.lon-inc.com Joseph Majdalani, PE, PhD, CFM City of Beaumont October 5, 2017 Page 2 Attachment B We are prepared to begin Phase One immediately and look forward to supporting Beaumont on this important project. Please feel free to contact me at 713-266-6900 or by email at dstjohn@lan- inc.com or LAN's Program Manager, Brian Broussard, at 713-853-6211 or by email at bdbroussard@lan-inc.com . Sincerely, Derek St. John, PE, CFM Business Group Director, Vice President Cc. Brian Broussard, PE ATTACHMENT C Initial Organizational Chart Gly of Beaumont SS01 Program Management — LAN Firm Legend Lockwood, Andrews & Newnam, Inc. (LAN) Chief Solutions, Inc, (CSI) Note: Other firms or individual resources may be added as required for agreed Scopes of work. QC Manager Kelly Shipley, PE, PACP Task 1 Program Management Program Planning Brian Broussard, PE Russ Ford Program Schedule and Deliverable Controls Kristin O'Neill, PE Administrative Assistant Jodie Chevez Task 2 Performance Analysis Feld Team Leaders Kristin O'Neill Jourdan Johnson Jordon Thomas -Harris Field Support by Subconsultants Based on Availability GIS. Mapping and Data Management Alex Govea Max Viera Attachment C -SSOI Program Team Organization Chart AU ONT TEXAS Dr. Joseph Majdalani, PE Brian Broussard, PE, PMP ) Principal -in -Charge Derek St John, PE, CFM Deputy Program Manager Kristin O'Neill, PE Task 3 perations & Management Task 4 Renewal Program Task 5 Program Support Services 0&M Team Leader Capital Project Support Chief Solutions, Inc, Kristin O'Neill, PE Paul Wood Jourdan Johnson Flow Monitoring CMOM Support Jordon Thomas -Harris (if required) Grace Sober, PE Meredith McCall, PE Trunk Sewer Structural Performance Data (if required) Grant Applications Analysis and Reporting Bob Card, PE (if required) Alex Govea Justin Reeves, PE Laura Casset, PE, CFM, CPESC Jordon Thomas -Harris Hydraulic Modeling WWTP Wet Weather Meredith McCall, PE Operations Paul Wood, PE Buried Asset Management Bob Henry ATTACHMENT D BILLING CLASSIFICATION RATE TABLE City of Beaumont S801 Program Management -LAN Attachment D City of Beaumont SSOI Program Management Phase One Services Billing Classification Rate Table 5 -October -2017 Position Hourly Rates Principal...............................................................................................................$260 Team Leader/Program Manager .........................................................................$250 SeniorEngineer....................................................................................................$205 ProjectEngineer...................................................................................................$185 EngineerIII...........................................................................................................$165 EngineerII............................................................................................................$150 Engineer...............................................................................................................$140 GIS/ Data Manager..............................................................................................$130 Technical/ Designer.............................................................................................$105 AdministrativeSupport........................................................................................$80 EngineeringIntern..............................................................................................$55 Rates subiect to a maximum 5% increase in March of each year of the Contract beyond Year 1. Page 1 of 2 Attachment D City of Beaumont SSOI Program Management Phase One Services Reimbursable Expenses Rate Table 5 -October -2017 Expense Category Unit Fixed Costs Maximum Costs Subconsultant/Subcontractor Invoices Invoice 1.05 times Invoice Not Applicable Equipment and Supplies Receipt 1.05 times Receipt Not Applicable Instruments, meters, gauges, data recording devices of all types Receipt 1.05 times Receipt Not Applicable Page 2 of 2