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HomeMy WebLinkAboutPACKET DEC 12 2017BEAUMONT;' TEXAS REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS DECEMBER 12, 2017 1:30 P.M. CONSENT AGENDA * Approval of minutes — December 5, 2017 * Confirmation of board and commission member appointments A. Approve an annual contract for Heating, Ventilation and Air Conditioning (HVAC) services with Air Comfort, Inc. B. Approve the purchase of three defibrillators for use in the EMS Division C. Authorize the City Manager to execute an annual agreement with Capital Edge Advocacy, Inc. to provide services as the City of Beaumont's Washington Assistant D. Approve the settlement of the claim with Triad Transport, Inc. E. Approve a resolution terminating the City of Beaumont Retirement Health Savings Plan and related Trust 0 BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Todd Simoneaux, Chief Financial Officer MEETING DATE: December 12, 2017 REQUESTED ACTION: Council consider a resolution approving an annual contract for Heating, Ventilation and Air Conditioning (HVAC) services with Air Comfort, Inc. of Beaumont. BACKGROUND Bids were requested for an annual contract to provide HVAC maintenance and repair services for use by the Facilities Maintenance Department. The contract will provide for the installation, maintenance and repair of air conditioning and heating systems for all City facilities. Bids were requested from seven (7) vendors; five (5) responded. Bids were evaluated on a total annual cost based on estimated labor hours for each skill category and percentage markup for materials and equipment rental. Air Comfort, Inc. submitted a bid in the amount of $298,650, which was not the lowest bid. However, they also submitted valid paper work for Local Vendor Preference. After applying the formula for this, their bid falls within the 5% allowance of $14,262.50 over the low bid of $285,250. submitted by Associated Mechanical Services, Inc. of Nederland. Specifications allow for a twelve (12) month contract with the option of two (2) renewals of twelve (12) month terms at the same pricing as the awarded contract. Air Comfort, Inc. has the current contract. There will be no increase over the current contract amount. Bid tabulation is attached. FUNDING SOURCE In FY 2017, the City spent $158,524. The purchases were paid from the General Fund ($40,860), Water Fund ($2,120), and Capital Reserve Fund ($115,544). RECOMMENDATION Approval of the resolution. RESOLUTION NO. WHEREAS, bids were solicited for an annual contract, with the option of two (2) renewals of twelve (12) month terms at the same pricing as the awarded contract, for heating, ventilation, and air conditioning (HVAC) installation, maintenance and repair for City -owned HVAC equipment; and, WHEREAS, Air Comfort, Inc., of Beaumont, Texas, submitted a bid for an estimated amount of $298,650 in the unit amounts shown in Exhibit "A," attached hereto; and, WHEREAS, the City Council is of the opinion that the bid submitted by Air Comfort, Inc., of Beaumont, Texas, should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT the bid submitted by Air Comfort, Inc., of Beaumont, Texas, for an annual contract, with the option of two (2) renewals of twelve (12) month terms at the same pricing as the awarded contract, for heating, ventilation, and air conditioning (HVAC) equipment installation, maintenance and repair for City -owned HVAC equipment for an estimated annual cost of $298,650 in the unit amounts shown in Exhibit "A," attached hereto, be accepted by the City of Beaumont; and, BE IT FURTHER RESOLVED THAT the City Manager be and he is hereby authorized to execute a contract with Air Comfort, Inc., of Beaumont, Texas, for the purposes described herein. 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 12th day of December, 2017. - Mayor Becky Ames - W= i= OP10.1.-- CITY OF BEAUMONT - PURCHASING DIVISION BEADMON 1( Terry Welch - Senior Buyer T 4 13-4 X: h ; s 409-880-3107 terry.welchc@-beaumonftexas.gov BID TABULATION: Annual Contract for HVAC Repair & Maintenance BID No. . TF1118-08 OPENING DATE: Thursday, November 30, 2017 Vendor City / State Associated Mechanical Services, Inc. Nederland Air Comfort, Inc. Beaumont Thermocon Service Co., Inc. Beaumont Johnson Controls Beaumont H.B. Mechanical Services, Inc. Porter Tx QTY Item Rate 7 Total Rate Total -777-7 Total Rate Tota ---R-a-t-e7 Total Straig t Time:.,. .: 1500 Mech/Tech $ 55.00 $ 82,500.00 $ 55.00 $ 82,500.00 $ 75.00 $ 112,500.00 $ 85.00 $ 127,500.00 $ 89.00 $ 133,500.00 700 Appr/Helpr $ 30.00 $ 21,000.00 $ 38.00 $ 26,600.00 $ 60.00 $ 42,000.00 $ 60.00 $ 42,000.00 $ 69.00 $ 48,300.00 Overtime . 500 Mech/Tech $ 82.50 $ 41,250.00 $ 82.50 41,250.00 $ 112.50 $ 56,250.00 $ 127.50 $ 63,750.00 $ 133.50 $ 66,750.00- 200 Appr/Helpr $ 45.00 $ 9,000.00 $ 57.00 1 $ 11,400.00 $ 90.00 $ 18,000.00 $ 90.00 $ 18,000.00 $ 103.50 $ 20,700.00 un ay 0 ay Disaster 300 Mech/Tech $ 82.50 $ 24,750.00 $ 82.50 $ 24,750.00 $ 150.00 1 $ 45,000.00 $ 170.0-07$-51,0 1 00.00 $ 178.00 $ 53,400.00 200 Appr/Helpr $ 45.00 $ 9,000.00 $ 57.00 $ 11,400.00 $ 120.00 $ 24,000.00 $ 120.00 $ 24,000.00 $ 138.00 $ 27,600.00 Markup... Material ($60,000/yr) 15% $ 69,000.00 20% $ 72,000.00 30% $ 78,000.00 10% $ 66,000.00 1.500% $ 60,900.00 Equip Rentals ($25,000/yr) 15% $ 28,750.00 15% $ 28,750.00 10% $ 27,500.00 10% $ 27,500.00 1.450% 1 $ 25,362.50 TOTAL BID $ 285,250.00 $ 298,650.00 $ 403,250.00 $ 419,750.00 $ 436,512.50 Recommend awarding to Air Comfort of Beaumont under Local Government Code 271.9051 Which allows a 5% price differential to locally owned business. Total allowance is $14,262.50 above low dollar bid. A ■ ■ BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager /J/ PREPARED BY: Todd Simoneaux, Chief Financial Officer —4/ MEETING DATE: December 12, 2017 REQUESTED ACTION: Council consider a resolution approving the purchase of three (3) defibrillators for use in the EMS Division. BACKGROUND The defibrillators will be purchased from Physio -Control Inc. of Redmond, Washington, in the amount of $82,602.20. The three (3) old units will be traded in because they exceeded their expected service life and will qualify for a credit of $18,000, which is reflected in the total price. Physio -Control is a sole source provider that manufactures, services and provides the warranty on all defibrillators within the City. FUNDING SOURCE Capital Reserve Fund. RECOMMENDATION Approval of the resolution. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Council hereby approves the purchase of three (3) LP15V4 Monitor/Defibrillators for use by the Emergency Medical Services (EMS) Division from Physio -Control, Inc., of Redmond, Washington, a sole source provider, in the amount of $82,602.20. 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 12th day of December, 2017. - Mayor Becky Ames - C BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Chris Jarmon, Executive Assistant to the City Manager MEETING DATE: December 12, 2017 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to execute an annual agreement with Capital Edge Advocacy, Inc. to provide services as the City of Beaumont's Washington Assistant. BACKGROUND On a yearly basis since 1980, the City has contracted with an organization to provide legislative services on the federal level. Mr. Chris Giglio, as the City's Washington Assistant, is responsible for reviewing federal executive proposals, legislation under consideration, and proposed and adopted administrative rules and regulations which could impact the City of Beaumont's policies or programs. Staff is very pleased with the professionalism and high quality of service provided by Capital Edge. A letter from Mr. Giglio and the proposed contract are attached for your review. The contract amount of $68,400 remains the same as last year. The contract also includes a maximum of $4,000 for reimbursable expenses. FUNDING SOURCE General. Fund. RECOMMENDATION Approval of resolution. A�1►MW "Im Capital Edge December 4, 2.0 17 Mr. Kyle Hayes City Manager P.O. Box 3827 Beaumont, TX 77704 Dear Kyle: Please consider this a formal request for a twelve month renewal of our contract with the City for federal lobbying and information services. Our current agreement expires on December 31 and we do not seek any changes. The past year certainly has been one of change in Washington, DC, and while the legislative accomplishments may not be long, we are pleased that a priority -- the tax-exempt status of municipal bonds — was protected in the recent tax debate. Of course, first and foremost, we hope to continue to assist the City in any way with the process of securing federal assistance and reimbursement in the wake of Hurricane Harvey. Assuming that the tax bill will become law this year, we would expect the President to provide some additional specifics regarding an infrastructure package. Given the significant needs in the community in that area, we will continue to work with the congressional delegation on the development of a plan that recognizes local roads, repairing sewer and drinking_ water infrastructure, and the Sabine -Neches Ship Channel, among others. Finally, very tight budget caps established in a 2011 budget agreement continue to exist, so it is important to continue to educate Congress on the importance of the federal programs that have a particularly positive impact in Beaumont. As always, it has been a pleasure to serve the City of Beaumont in Washington, and we are grateful for your guidance and that of the Mayor and City Council. Please feel free to contact us with any questions you may have about our services. Sincerely, Christopher F. Giglio AGREEMENT BETWEEN THE CITY OF BEAUMONT, TEXAS AND CAPITAL EDGE ADVOCACY, INC. 1212 NEW YORK AVENUE, NW - SUITE 250 WASHINGTON, D.C. 20005-3953 Pursuant to this agreement, the City of Beaumont, Texas (hereinafter sometimes referred to as the "City") and Capital Edge Advocacy, Inc. (hereinafter sometimes referred to as "Consultant") agree to assume the following obligations. L Oblrgat ions of Consultant A. Consultant will organize and operate a unit to act as a Washington office for the City and will be the assigned member of its staff. Consultant. will be responsible for obtaining.and furnishing requisite staff, office space, utilities, furnishings, and equipment, common -use office supplies and services, and general administrative support according to the level of service specified in Paragraph IV; B. Consultant will confer with the City Manager and such other City personnel as the City Manager may designate at the times and places mutually agreed to by the City Manager on all organizational planning and program activities which have a bearing on the ability of the City to make the best use of federal aid programs; and will act as Washington Assistant to the City of Beaumont, Texas; C. As Washington Assistant the Consultant will review federal executive proposals, legislation under consideration, proposed and adopted administrative rules and regulations and other Washington developments for the purpose of advising the City of those items which may have a bearing on City policy or programs; D. More specifically, as Washington Assistant the Consultant will advise and consult on behalf of the City with the White House and any other Federal agencies, departments and commissions as map be necessary to the performance of full Washington service to the City Manager and the City. Additionally, the Consultant will act as liaison with the U.S. Conference of City Managers and the'National League of Cities, and will furnish legislative and administrative analyses of issues as requested; E. As Washington Assistant the Consultant will secure and furnish such detailed information as may be available on federal programs in which the City indicates an interest; F. As Washington Assistant the Consultant will review and comment on proposals of the City which are being prepared for submission to federal agencies when requested to do so by the City Manager or his designees; G. As Washington Assistant the Consultant will maintain liaison with the City's Congressional delegation and will assist the delegation in any matter which the City determines to be in its best interest in the same manner as any other member of the City's administrative staff might render assistance; H. As Washington Assistant the Consultant will counsel with the City regarding appearances by City personnel before Congressional committees and administrative agencies and will arrange for appointments and accommodations for City personnel as necessary; I. As Washington Assistant the Consultant will contact federal agencies on the City's behalf when City applications are under consideration by such agencies and counsel the City to take whatever steps appear to be required to obtain the most favorable consideration of such applications; As Washington Assistant the Consultant will advise and consult with or otherwise make assistance available to such representatives of the private sector who are engaged in economic development activities as determined by the City Manager to be in the best interests of the City; K. In fulfilling her responsibilities under this Agreement, the Washington Assistant will act in the name of the City of Beaumont, Texas under the supervision of the City Manager. Any change in the person of the Washington Assistant from the person representing the City as of the effective date of this agreement must be approved by the City Manager. II. Obligations of the City ofBeaumont, Texas A. To advise the Consultant of the name or names of persons other than the City Manager authorized'to request service and the person or persons to be kept advised by the Washington Assistant; 2 B.. To supply the Consultant with a summary of all federal programs in which the City is participating and advise the Consultant of any new applications filed, together with pertinent details as to the substance of such applications; C. To supply the Consultant with copies of budgets, planning documents, and regular reports of the City Manager and departments, Council agenda and proceedings, newspapers and other materials which will assist the Consultant in keeping current on City policies and programs; D. To reimburse the Consultant for expenses incurred on behalf of the City pursuant to the duties of Paragraph I as approved by the City Manager subject to the provisions of Piragraph IV; III. The City ofBeaumont, Texas and the Consultant concur that the following exclusions shall apply to this Agreement: A. The Consultant.• 1. Will not represent commercial or industrial establishments of the City in pursuit of federal business except in accordance with the provisions of Paragraph I, Subparagraph J, above; 2. Will not, by virtue of this Agreement, represent other local government agencies in Beaumont, Texas except those which are instrumentalities or agencies of the City of Beaumont, Texas; 3. Will not perform any legal, engineering, accounting or other similar professional service; 4. Will not directly or indirectly participate in or intervene in any political campaign. on behalf of or in opposition to any candidate for public office in or representing the City. IV. Compensation The cost of service will be $68,400.00 for twelvemonths, payable in advance, in equal monthly installments of $5,700.00 commencing on the first day of January 2018. In addition, a maximum of $4,000.00 for reimbursable expenses incurred pursuant to Paragraph II, Subparagraph D. 3 V. Termination Either party may terminate this Agreement at any time by giving the other at least sixty (60) days' notice in writing of such termination. IN WITNESS WHEREOF: ATTEST Christoph r F. Giglio, CapiO Edge Advocacy, Inc. Kyle Hayes, City Manager DATE zY/-76 1 q, 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 annual agreement with Capital Edge Advocacy, Inc. to serve as the City of Beaumont's Washington, D.C. Assistant in the amount of $68,400.00, with an additional maximum amount of $4,000.00 for reimbursable expenses. 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 12th day of December, 2017. - Mayor Becky Ames - BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tyrone E. Cooper, City Attorney MEETING DATE: December 12, 2017 REQUESTED ACTION: Council consider a resolution authorizing the settlement of the claim with Triad Transport, Inc. BACKGROUND The claim involving Triad Transport Inc., was presented and discussed in Executive Session held on December 5, 2017. The City Attorney is requesting authority to accept settlement of this claim in the amount of $2,700.13. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of resolution. RESOLUTION NO. WHEREAS, the claim of Triad Transport, Inc. was discussed in Executive Session properly called and held Tuesday, December 5, 2017; and, WHEREAS, the City Attorney is requesting authority to settle this claim; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT the City Attorney be, and he is hereby, authorized to settle the claim of Triad Transport, Inc. for the receipt of the sum of Two Thousand Seven Hundred and 13/100 Dollars ($2,700.13); and, BE IT FURTHER RESOLVED THAT the City Manager be and he is hereby authorized to execute all documents related to settlement of the claim. 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 12th day of December, 2017. - Mayor Becky Ames - E BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Todd Simoneaux, Chief Financial Officer ~/!/ MEETING DATE: December 12, 2017 REQUESTED ACTION: Council consider a resolution to terminate the City of Beaumont Retirement Health Savings Plan and related Trust. BACKGROUND Retirement Health Saving Plans (RHS) are regulated by the Internal Revenue Service (IRS). They allow employees and/or employers to contribute funds to an account in the employee's name which can be used to offset retiree health care costs. All contributions to the plan are tax deferred and if used on qualified retiree health care costs are exempt from income taxes when pulled out of the plan. The City began offering a RHS plan to employees in 2003. At that time, the plan was a voluntary election for employees and there were several who elected to participate. In 2006, it was discovered that the IRS had concerns with the plan being an election. The IRS encouraged full participation for all employees to qualify for the tax deferred treatment. Beginning in 2008, the City suspended employee contributions to the plan but those employees who had already contributed to the plan could keep their funds in the plan until they were drawn out for qualified retiree health costs. The last employee with funds remaining in the plan withdrew their fund this year. Since there are no funds remaining in the plan, it is recommended that the City officially terminate the plan and the related trust in which the funds were held. FUNDING SOURCE Not Applicable. RECOMMENDATION Approval of the resolution. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City of Beaumont Retirement Health Savings Plan is hereby terminated effective December 31, 2017; and, BE IT FURTHER RESOLVED THAT Matrix Trust Company currently serving as non -discretionary Trustee of the Plan be removed as Trustee effective the date of the termination. 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 12th day of December, 2017. - Mayor Becky Ames - BEAUMONT TEXAS REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS DECEMBER 12, 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 1-5/Consent Agenda * Consent Agenda GENERAL BUSINESS 1. Consider amending Section 4.09.001 of the Code of Ordinances related to Animal Care Fees 2. Consider a resolution authorizing the City Manager to award a bid to Horseshoe Construction, Inc., of La Porte, for the Pipe Bursting Work Order Contract 3. Consider a resolution approving an annual contract for Stop Loss Insurance with Liberty Mutual Company of Beverly, MA 4. Consider a resolution rejecting all bids received for the Sanitary Sewer Manhole Rehabilitation Work Order Contract WORK SESSION * Review and discuss expanding the area of Neighborhood Empowerment Zone Number Four near Concord Road and Cottonwood 5. Consider amending Ordinance No. 08-048 to expand the area of Neighborhood Empowerment Zone Number Four WORK SESSION * Review and discuss the Old Dowlen Project COMMENTS Public Comment (Persons are limited to 3 minutes) Councilmembers/City Manager comment on various matters EXECUTIVE SESSION Consider matters related to the deliberation of the purchase, exchange, lease or value of real property in accordance with Section 551.072 of the Government Code, to wit: Approximately 4.5 acres of land bound by the Great Lawn, MLK Parkway and Magnolia * Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code: Trudi Martin vs. City of Beaumont Public Health Emergency Medical Services and the City of Beaumont; Cause No. D-199,561 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 December 12, 2017 Consider amending Section 4.09.001 of the Code of Ordinances related to Animal Care Fees BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Chris Jarmon, Executive Assistant to the City Manager MEETING DATE: December 12, 2017 REQUESTED ACTION: Council consider an ordinance amending section 4.09.001 of the Code of Ordinances related to Animal Care Fees. BACKGROUND There are two main changes in the proposed ordinance. The first is to add a trap rental fee to the code of ordinances and increase the administrative fee to $10 and the refundable usage fee to $89.95. The City of Beaumont currently allows the public to rent traps from the Animal Care Division to assist them in catching nuisance animals. The current cost to rent a trap includes a $5 administrative fee and a $40 refundable usage fee. However, in the 2016 calendar year the Animal Care Division rented out 11 traps that were not returned. The full cost to replace these traps is $89.95. The second change is to add a fee for heartworm and FIV/feline leukemia testing. These tests are necessary to ensure the health of dogs and cats prior to them being adopted. The Animal Care Advisory Committee met on November 29, 2017 to discuss these changes and are in support of them. The recommended changes are attached for your review. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of ordinance. Sec. 4.09.001 Fees (a) Animal services: (1) Reclaim fee: $45.00 per occurrence. (b) Rabies vaccination fees: $15.00. (c) Preventative health vaccination: $15.00. (d) FIV/feline leukemia virus test: $15.00 (e) Heartworm test: $15.00 1 (,dD Boarding: $15.00 per day. (eg) Dead animal removal fee for veterinarians: (1) Trip fee: $20.00 for one (1) animal. (2) Trip fee: $5.00 per animal in excess of one (1). (fhh) Kennel permit fee: $50.00 per year. (#D Dog and cat fanciers permit: (1) New permit: $200.00. (2) Renewal permit: $50.00. �1) Trap Rental Fee (shall consist of an administrative fee & refundable usage fee): (1) Administrative Fee: $10.00 (2) Refundable Usage Fee: $89.95 Oak) Adoption fees: (1) Unaltered adult animals: (A) Cats: $90.00. (B) Dogs: $120.00. (2) Altered or underage animals: (A) . Cats: $30.00. (B) Dogs: $50.00. (3) The aAdoption fees may be waived or modified at the discretion of the city manager. (11) Microchipping: $25.00 per animal. (}mm) Animal surrender fees (city residents only): (1) Cats: $15.00. (2) Dogs: $20.00. (kn) Dangerous animal registration: $50.00 per year. (1o) Owner requested euthanasia fee: (1) Cats: $15.00. (2) Dogs: $20.00. (mp) Animal exhibition permit fee: $50.00. (Ordinance 17-007, sec. 56, adopted 1/31/17) ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING CHAPTER 4, ARTICLE 4.09, SECTION 4.09.001 OF THE CODE OF ORDINANCES OF BEAUMONT, TEXAS TO MAKE CHANGES RELATING TO ANIMAL CARE FEES; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL; AND PROVIDING A PENALTY. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. THAT Chapter 4, Article 4.09, Section 4.09.001 of the Code of Ordinances of the -City of Beaumont, be and the same is hereby amended to read as follows: ARTICLE 4.09 ANIMAL CARE FEES Sec. 4.09.001 Fees (a) Animal services: (1) Reclaim fee: $45.00 per occurrence (b) Rabies vaccination fees: $15.00. (c) Preventative health vaccination: $15.00. (d) FIV/feline leukemia virus test: $15.00 (e) Heartworm test: $15.00 (f) Boarding: $15.00 per day. (g) Dead animal removal fee for veterinarians: (1) Trip fee: $20.00 for one (1) animal. (2) Trip fee: $5.00 per animal in excess of one (1). (h) Kennel permit fee: $50.00 per year. (i) Dog and cat fanciers permit: (1) New permit: $200.00. (2) Renewal permit: $50.00. (j) Trap Rental Fee (shall consist of an administrative fee & refundable usage fee): (1) Administrative Fee: $10.00 (2) Refundable Usage Fee: $89.95 (k) Adoption fees: (1) Unaltered adult animals: (A) Cats: $90.00. (B) Dogs: $120.00. (2) Altered or underage animals: (A) Cats: $30.00. (B) Dogs: $50.00. (3) The Adoption fees may be waived or modified at the discretion of the city manager. (1) Microchipping: $25.00 per animal. (m) Animal surrender fees (city residents only): (1) Cats: $15.00. (2) Dogs: $20.00. (n) Dangerous animal registration: $50.00 per year: (o) Owner requested euthanasia fee: (1) Cats: $15.00. (2) Dogs: $20.00. (p) Animal exhibition permit fee: $50.00 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 12th day of December, 2017. - Mayor Becky Ames - 2 December 12, 2017 Consider a resolution authorizing the City Manager to award a bid to Horseshoe Construction, Inc., of LaPorte, for the Pipe Bursting Work Order Contract BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Dr. Joseph Majdalani, P.E., Public Works Director MEETING DATE: December 12, 2017 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to award a bid to Horseshoe Construction, Inc., of La Porte, for the Pipe Bursting Work Order Contract. BACKGROUND The Contract will be used to rehabilitate sewer lines by the Pipe Bursting method and to replace defective manholes. On November 30, 2017, bids were solicited for furnishing all labor, materials, equipment, and supplies for the project. Two (2) bids were received as indicated in the table below: Contractor Location Total Base Allowance Total Award Bid Amount Horseshoe Construction, Inc. LaPorte, TX $1,658,872.50 $50,000.00 $1,708,872.50 IPR South Central, LLC Pasadena, TX $2,192,381.15 $50,000.00 $2,242,381.15 Based on review of the bids received, the City Water Utilities Engineer recommends award to Horseshoe Construction, Inc., in the amount of $1,708,872.50. The recommended award is for Base Bid Items No. 1 through 20 and the Allowance. A total of 730 calendar days are allocated for completion of the project. FUNDING SOURCE Capital Program. RECOMMENDATION Approval of resolution. BID TABULATION -11 or Pipe Bursting Work Order Contract Bid No. WU1Drl"2 . r BID OPENING DATE: Thursday, Novemher30, 2017 �'• . rr The Bid Proposals submitted have�tmrevqbed�beMofmy orowledge Ni�ana=rate rabrda received. � PHID. NOUYEN �az0G B�erid neer Da7 ITEM N0. QUA/ITITY UNR DESCRIPTION Horses oe Constructloq InC. Bid Schedule Englneees Estimate La Porte' TX 77671 James R. Holt Bid Factor0,8700 P South Contra) Pasadena, TX 77506 Bac Ong Bid Factor 1.1698 BASE BID ITEMS UNITPRICE TOTAL UNIT PRICE TOTAL UNIT PRICE. TOTAL 1 100 SY FW Depth Repair o 5 $ 140.00 5 14,01M.00 S- 121.80 S 12-71W.00 S 160:97 S 16097.20 '2 100 SY FuUDe R ofDdvewa - 5' 7 5 18.000.00 S MAD S 15.680.00. S 206.95 S� 20,59&410 3 100 SY Com6wousPavement Rc�rtfofeement .5 220.00 S 22000.00 'S 191. S 19140.00. S 262.96 S 25295.80 .d :200 SY Flenble PevemenlSWcwre R 8- S 75.00 S 15. .00S 8525 S' 13.050:00 S 88.24 8 17247.00, S 1000 LF. Tre Exeavatial Pr01eth4n S 7.00 S 7.000.00 '8.09 5 6.080.00 5 8.05 S 8,048.60 6 Sa EACH Barricades. and Traffic S 200.00 5' 10.000.0S 774 S 8700.00 5 229.86 S 114na.00 7 3D EACH Romo io and R Of V15Sa9 Naw . Fiber Manhole. l0 5 4.000. S 720 .00 3.48000 S 104:400.00 S 4,M.20 S 137.976.00 8 20 ms .b Leis then ' VV-M A9 Jam15 & 9 F SS 5 3.500.00 5 70 000.00 S- 3,045,00 S' 60.800.00 S 4,024,30 5 80.486.00 .9 150 -ME Extra -far New or cement Std. Marto w Over 8 Feel 01 tPre!Cwt Concrete or Fiber IaSS 5 150. S - .5(10.00 S� 130.50 S 19:575 fX1 S 172:47 S 25.87050 10 500 EA R nb tion tddt to mer. ato. Sizes. Un to 75'. h S 600.00 S 300.000.00 S, 522.00 S 261.00000 S 689.88 6 344540. 11 5D EACH Reconnec Service Cormemon b Excavation Smdt to liner. Ce : Atl Stas. to S 650.00 S 32 .00 S 566.60 S 28.275.00' 'S 4 37 -5-737-,SW-60 12 -20 EACH ObStnx;tionRernwal by:Excavallor.:M Siggs Up to 16 S 750.00 S 15.000.00 5 652,50 S 13:050.00 S 5W,35 'S 17247.00 13 -1,000 LF: Chain Link and wooden FencKand Gams, Per rava� 01 P tsa er - S 25.00 S 2500000 5 21.75 S 21.750.00 S .28.7 S 28. 455.00 14 10 1,:A Remove and or New Sid. Mae>1w.1e.5 8'De A0 J61ms Connecti Pre-CaslCanaete S b,000.00 S 50000,00 S 4350.00 S 43.500.00 S 5.748.1X1 S 67490.00 15. 5.350 LF. B 8'-8'.Sewert08.625-00 U tal$ 1,n. - - .S45.00 S 240,750,00 39.75' S 209,452:50 S 51.74 S 14, 16 12,000 LF R en 8-10'Seaverto12,7500.0 to.15'.Da 5 ,50.00 5 800.000.00 S 43.50 S 522,OOD.00 S 57.49 S 689.MOD 17 3.500 'LF 5 55.00 S 192.500.00 S 47.65 S 167,47$.00 $ 63.4 S 221.338.50 18 1. F: 72-- 75'5ewar.to 160.OD. U to 16' Depth $ 70.00 S 70.00D.00 S 60.00 S 60.900.00 S 80.49 S .48600 .19 1000' LF. IfteElfisting iS-I5Sewerl020.0-:OD.0 to wDepth S 60.00IS -50.dw.'03 S 65.60 S 69.600.00 'S -91.98 5, 91.984.00 20 1 5 1 EACH 4lobr32atlonforsMn mem c1 5 W0.09 1 5 :2.90000 S 635.00 S 2.175DO 5 574,9D 15 TOTAL BASE BIO S 1AK75dA6 Si'bt872.50 _2874:50 62,192,36i.t6 ALLOWANCE 17FJ9 NO: QUANTITY wr DESCRIPTION UN PRICE TOTAL UNIT PRICE TOTAL UNIT PRICE TOTAL 1 1 ALLOW Unlorseen .one as directed tneAAnar. S 50.000.00 5 .50.006.00 5 .50.000.00 5 W.000.00 5 56,000.00 5 50.000.00 ALLOWANCE TdTAL 3 60,600.6611 5 50.000.00. TOTAL BASE MMS +ALLOW ANCE S 1.Ims,7601M IS 7708.872.60, I S 242,381.15 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 to Horseshoe Construction, Inc., of La Porte, Texas, in the amount of $1,708,872.50 to furnish all labor, materials, equipment, and supplies for the Pipe Bursting Work Order Contract Project; and, BE IT FURTHER RESOLVED THAT the City Manager be and he is hereby authorized to execute a Contract with Horseshoe Construction, Inc., of La Porte, Texas, for the purposes described herein. 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 12th day of December, 2017. - Mayor Becky Ames - K December 12, 2017 Consider a resolution approving an annual contract for Stop Loss Insurance with Liberty Mutual Company of Beverly, MA BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Todd Simoneaux, Chief Financial Officer MEETING DATE: December 12, 2017 REQUESTED ACTION: Council consider a resolution approving an annual contract for Stop Loss Insurance with Liberty Mutual Company of Beverly, MA, in the amount of $1,139,622. BACKGROUND The City's health insurance plans are self-insured as opposed to fully funded plans to reduce health related costs to the City. However, to protect the City from large health claims by any one individual, stop loss coverage is purchased to cover claims that exceed of $200,000. At the end of each calendar year, the City's benefits consultant (Holmes Murphy) gathers the claims history for that year and solicits quotes from the market and negotiates the most favorable terms for the City. This year 14 carriers were contacted by our consultant and only two (2) carriers responded. Tru/Liberty Insurance responded with a quote of $1,139,668.97 which is about a 9% increase over last year's quote. Gerber Life currently holds this contract but declined to submit a bid. Bid tabulation is attached. FUNDING SOURCE Employee Benefits Fund. RECOMMENDATION Approval of the resolution. 7L734r,e tr .4ces.tez City of Beaumont - Effective: 01/01/2018 - Firm Proposal +Stop Loss;Terms Option 1 Option 2 Stop Loss Carrier TrutUberty Partner Re Aggregating Specific Deductible Insurance $0 Adminlstrator/TPA BCBS of TX BCBS of TX Medical Network BCBS of TX BCBS of TX Months in Contract 12 12 Specific Deductible $200,000 $200,000 Aggregating Specific Deductible $0 $0 Maximum Coverage Limit Unlimited Unlimited Contract 24/12 24/12 Coverages Med, Rx Med, Rx Disclosure Final Claim Data Need Thru FIRM FIRM (Stop Loss Premium.(Fixed).. - Specific Single 575 $34.43 $47.89 Family 875 $85.91 $115.15 Composite 1,450 $65.50 $88.48 Annual Specific Premium $1,139,622.00 $1,539,516.00 % Increase 9.36% 47.72% Arrindton: $300K Cudi$300K Laser' Laser— ' Arrindton: $275K Additional Options Included, if any. Laser . Connell: $250K Laser'` , !Quallflcatlons - - 1) SA Benefit Services, LLC files stop loss claims monthly, Mason between group/advisor and stop loss carrier, monitors monthly reports, and provides monthly reporting to carrier. All services are included In the quoted rates. 2) Quote assumes Active, retirees and COBRA are covered. 3) Rates and Factors are firth. Signature needed by 12/13/2017 to 4) Please review carrier contingencies Included with the proposal 5) SA Benefit Services, LLC may receive additional compensation from the carriers. Questions Contact SA Benefit Services, LLC Stephanie Chtata, MHA, MBA President Direct Phone: (210) 996-2190 8647 Wurzbach Road, Suite G San Antonio, TX 78240" 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 annual contract for the purchase of Stop Loss Insurance with Liberty Mutual Company, of Beverly, Massachusetts, in the amount of $1,139,668.97 for use in the Employee Benefits Fund. 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 12th day of December, 2017. - Mayor Becky Ames - 11 December 12, 2017 Consider a resolution rejecting all bids received for the Sanitary Sewer Manhole Rehabilitation Work Order Contract BEAUMONT 'TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Dr. Joseph Majdalani, P.E., Public Works Director MEETING DATE: December 12, 2017 REQUESTED ACTION: Council consider a resolution rejecting all bids received for the Sanitary Sewer Manhole Rehabilitation Work Order Contract. ' 1JU On October 26, 2017, bids were solicited for furnishing all labor, materials, equipment, and supplies for the Sanitary Sewer Manhole Rehabilitation Work Order Contract to rehabilitate existing manholes by coating the inside walls with concrete liner, performing curtain chemical grouting outside manholes, and adjusting/resetting defective manholes. Based on a review of the three (3) bids received, the Water Utilities Division recommends rejecting all bids for the following reasons: • The apparent low bid was found to be incomplete due to failure to turn in required documents as per the advertised contract supplied to all interested bidders. • The other two (2) bids were 79.91% and 174.97% over the Engineer's estimate of $284,250.00. It is the recommendation of the Water Utilities Division to reject all bids and rebid the project at a later date. FUNDING SOURCE Capital Program. RECOMMENDATION Approval of resolution. em TABULATION San" fewer Maehote Rebabilkmbn Work Order Oomraet aid No, 1NU1W1&01(RWOk) ei.- BID OPEMM DATE TMndW. Odobm 28.2017 lle Bid Plopmabsubmatedeave Ebert' 'vi ed end to Ula hal or" KWMledpe tW U on ase - IW66cn dbids oeoej W.s„ PHI D.'HCiUYFSI i ri DI W. PillNguyen• Y;j N !S En low Daae: l V V2017 !+ ` HNS�, , ITEM N0. WAMi7Y UNIT DESCRIPTION BW SC1100a19 Fi Co7Unga-W4 '� League City, TX MWA"Fettle Bid' ,. ustmaN Faefor .12 Ouae!W. feln93Ya>Am• LLC rlotrsmA, TX Nkk Banclu:tli Bid Factor 1.49U orpswcon" Buufam% TX Srpn Phelps BW Factor 2. BASE BIO ITEMS UNIT PRICE TOTAL UNIT PRICE TC7AL UNIT PRICE TOTAL W"RUCE TOTAL, 1 1 L& vuerAnce and mOv ltd y '0000 f ! .6 11 00 5 f $ 1 1 1.07 S- a11d .00' b t E ` 00 S - 85 - b 'S9 220' EACH AD tl arslttvre and Cavo fnOneF InP�aved Aeras- S .00 3.7sono S 610.00 5 .♦ 00 S 1A2D 77 221705 3' 11 ftRA lit S' EACH T1020fei kMt71 Prams adCwdr tD One PaotNPavedAreas S SC0.00 2 _ S -: DD S. WS:70- d .50 ti OS S: 7350 5 35 EACH wt Cover iD Poet U At0u S 550 - S 19 S S 2/ .00 1 1.07 S 3d .95 9 1825. 9 65991.93 6 95 EACH Ib' URete! k Fame Ona C&M FOOt N .leas 5 Imm S 5 339 S 31-m". S ,0 S W 15.95 7 20 VF stanhok. ETbess Over One Foot 1 S 2=00=0 S 1200 5 221000 S 159. S 81 S S. 220 700 VF or Nan1f01e f'7Net GO eLNer 13080 S -9! b /5. S10f 216.16 3172 :t0 005.10 9 30 EACH sfaa0b0e tenons S 176.00 S S S s 00 S &850,00 S 331.75 S. 9 m 17. 10 300 - ousters Wrmale .00 76. 90 S 00 8100000 S 'aT3.3S 51e2 9 & 221 SO 1 30 'Wl" bt Lmme Bommes and m4 I .With 0dnitnldcd 500 ! 00 1680O00 S 9/S. 28 .OD a .0I s4.30 BASE 80 egAAi11TtESTOTAL s 254,A%00ITEM SZ6f 760.90 faM .9S S. 1 ALLOWANCE N OUANRTT UNIT DESCRIPTIONI UNIT PR= I TOTAL UNIT PRICE 'TOTAL. I UN PRICE I TOTAL I umr TOTAL 1 7 ALLOV! mentor B7 IIho Dom Is 3000900 Is .Wow..00 I S 30000 Go Is 30.000.00 1 5. 3.7=00=0 19 30=00.50 IS 3DOOo.00 IS .WOA0 ALLOWANCE jLn f 30.000m S OW S 30.60&00 TOTAL BASEVIIII ALWVIANCE S -2b6 S 314.760M I S &1f S t51%O RESOLUTION NO. WHEREAS, on October 26, 2017, three (3) bids were received for furnishing all labor, materials, equipment, and supplies for the Sanitary Sewer Manhole Rehabilitation Work Order Contract; and, WHEREAS, the City Water Utilities Engineer evaluated the three (3) bids and found the lowest bid received to be incomplete as per the contract documents supplied to all interested bidders and two (2) bids were over the Engineer's estimate; and, WHEREAS, it is the recommendation of City of Beaumont Water Utilities Engineering Division to reject the bids and that the project be rebid at a later date; and, WHEREAS, the City Council finds it is not in the best interest of the citizens of Beaumont to accept the bids for the Sanitary Sewer Manhole Rehabilitation Work Order Contract and that each should be rejected; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT the City Council does hereby reject the bids for the Sanitary Sewer Manhole Rehabilitation Work Order Contract. 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 12th day of December, 2017. - Mayor Becky Ames - WORK SESSION Review and discuss expanding the area of Neighborhood Empowerment Zone Number Four near Concord Road and Cottonwood �l December 12, 2017 Consider amending Ordinance No. 08-048 to expand the area of Neighborhood Empowerment Zone Number Four BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Chris Boone, Planning & Community Development Director MEETING DATE: December 12, 2017 REQUESTED ACTION: Council consider amending Ordinance No. 08-048 to. expand the boundary of Neighborhood Empowerment Zone Number Four. BACKGROUND In an effort to encourage development in areas of the city with higher concentrations of low to moderate income families and limited redevelopment, Neighborhood Empowerment Zones were created in six (6) areas of the city. These zones offer incentives that include city property tax abatements, fee waivers, possible lien waivers and expedited permit review to attract redevelopment. The proposed amendment to Ordinance Number 08-048 would add the property at to 2020 Cottonwood, currently occupied by the Beaumont Housing Authority's Concord Homes development. This minor expansion of the Zone to include this property would assist the Housing Authority in its efforts to redevelop the property, which they have been attempting since Hurricane Ike. FUNDING SOURCE Not applicable. ' RECOMMENDATION Approval of the resolution. Legal Description of 2017 Addition to ORDINANCE NO. 08-048 ENTITLED AN ORDINANCE DESIGNATING AREAS OF THE CITY OF BEAUMONT AS NEIGHBORHOOD EMPOWERMENT ZONES #3 AND #4 PURSUANT TO THE TEXAS NEIGHBORHOOD EMPOWERMENT ZONE ACT (TEXAS LOCAL GOVERNMENT CODE, CHAPTER 378); PROVIDING TAX INCENTIVES; ADOPTING TAX ABATEMENT GUIDELINES AND CRITERIA; AND DESIGNATING A LIAISON TO ACT ON ALL MATTERS PERTAINING TO THE EMPOWERMENT ZONE. WHEREAS, the City of Beaumont endeavors to create the proper economic and social environment to induce the investment of private resources in productive business and residential enterprises located in areas of the City; and WHEREAS, to further this purpose, it is in the best interest of the City to designate such areas as Neighborhood Empowerment Zones #3 and #4 pursuant to the Texas Local Government Code, Chapter 378; and WHEREAS, the Council finds and determines that the creation of the empowerment zones would promote the creation of affordable housing, including manufactured housing, increase economic development, increase the quality of social services, education, or public safety provided to the residents in the zones, or the rehabilitation of affordable housing in the zones; and WHEREAS, the City Council finds and determines that the creation of the zones satisfies the requirements of the Texas Redevelopment and Tax Abatement'Act, specifically Tax Code Section 312.202; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: 0 Section 1. That the statements and findings set out in the preamble to this ordinance are hereby, in all things, approved, determined, and adopted. Section 2. That the City Council hereby designates the areas set forth in Exhibits "A" and "B," attached hereto and incorporated herein for all purposes, as Neighborhood Empowerment Zones #3 and #4 (herein referred to as the "zones") Section 3. That the City Council finds that the zones meet the qualification of the Texas Local Government Code, Chapter 378. Section 4. That the City Council finds that the creation of the zones benefits and is for the public purpose of increasing the public health, safety, and welfare of the persons in the City of Beaumont. Section 5. That the guidelines and criteria governing tax abatement agreements attached hereto as Exhibit "C" are hereby adopted. By such action the City of Beaumont elects to become eligible to participate in tax abatement. Section 6. That the City Council directs and designates the City Manager as the City's authorized representative, to act in all matters pertaining to the designation of the areas described herein as Neighborhood Empowerment Zones #3 and #4. Section 7. That this ordinance shall be effective from and after its passage as provided by law. Section 8. That if any section, subsection, sentence, clause, or phrase of this ordinance, or the application of same to a particular set of persons or circumstances should for any reason be held to be invalid, such invalidity shall not affect the remaining portions of this ordinance, and to such end the various portions and provisions of this ordinance are declared to be severable. Section S. That all ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only. PASSED BY THE CITY COUNCIL of the City of Beaumont on this the 17th day of June, 2008. !Becky Ames Legal Description of EMPOWERMENT ZONE 3 From a Point Of Beginning (POB) at the center of the intersection of the r.o.w. (rights-of-way) of Blanchette St. and Sabine Pass Avenue, go southward along the centerline of SabinePass Avenue until intersecting with the centerline of Emmett Avenue; hence continue in a southerly direction to that point created bythe intersection ofthe southern r.o.w.line of Emmett Avenue with the western r.o.w of Sabine Pass Avenue; hence westward from saidpoint onthe southr.o.wline ofErnmettAvenue until reaching the common point created by the junction of Tracts 1 and 2 of Plat R; hence south along the west property line of said Tract 2 until reaching the north property line o f Tract 6 of that same Plat R; hence westward along the north property line of Tracts 6 and then 7 until reaching the commonpoint where Tracts 7 and 8 meet on the south property line of Tract 9, all being in Plat R; hence southward from said point along the sharedproperty line between said Tracts 7 and 8, until reaching the northern and then southern r.o.w lines of Buford Street; hence go eastward along the southern r.o.w line of Buford Street until reaching the northemr.o.w. line of Royal Street and continue south across Royal Street to reach the southern no.w. line of said street and then go easterly along said r. o.w. line until reaching the western r. o.w. line of S abine Pass Avenue and then northeasterly across S abine Pass Avenue to reach the eastern r.o.w. line of Sabine Pass Avenue at the same point that the south r.o.w. ofRoyal Street meets the south r.o.w. line ofBuford Street, said point also being on the property line of Tract 25, of Plat N, hence easterly along the south r.o.w. of Buford Streetuntil reaching a comer at the junction of said south r.o.w. with the west r.o.w. line of Turon Street; hence south along the western r.o.w. line of Turon Street until reaching the north r. o.w. line of Shamrock Street; hence westerly along the northemr.o.w. line of Shamrock Street until reaching that point on said r. o.w. line that coincides with the southwestern comer of Lot 3, Block 1 of Columbia Addition; hence easterly from said point along the common property line between said Lots 11 and 12 until reaching the western r.o.w. of Tilson Street and then continuing onthe same courseto apoint on the eastemr.o.w. of Tilson Street where Lots 4 and 5 of Block 5 of McGovern Addition meet; I hence easterly along the property line between Lots 4 and 5 of said Block 5 to a point on the west r.o.w. line of the alley at the rear of said Lots 4 and 5; hence eastward across said alleyto a point on the east r.o.w. ofsaid alley at common comer with Tracts 21 and 22 of Plat J; hence north along the rear property line of Tract 22 until reaching the northwest comer of said Tract 22, which is also the southwest comer of Tract 21, Plat J; hence eastward along the shared boundary line between Tracts 21 and 22 of Plat J until reaching the western r. o.w. line of Irving Street and then extending on the same heading to the eastern r.o.w. line of Trving Street at Lot 2 Block 1, Charlton -Pollard # 3 Addition, said point also located on the front or western property line of Lot 2 of said block and addition; hence north along said eastern r.o.w. line ofTiving Street to the point at the northwestern comer of said Lot 2 and the southwest comer of Tract 98, the same being where the shared boundary line ofLot 2 ofBlock 1 and Tracts 98 and 122 of Plat F meet; hence easterly along the shared property line between said Lot 2 and said Tracts 98, and 122 until reaching the western boundary line of Lot 1 of Block 1 in Charlton -Pollard #3; hence south along the shared boundary ofLots 1 and 2 ofBlock 1, Charlton -Pollard #3 until reaching and then crossing Schwamer St. to a point on the southern r.o.w. of Schwarner St. at Tract 59 of Plat F; hence west along the southemr.o.w. of Schwamer St. until reaching the common junction point created by the northeast comer of Tract 57 and the northwest comer of Tract 60 both in Plat F; hence south along the rear or eastern property lines of Tracts 57 and 58 in Plat Fwhich borderthewestem propertyline ofTract 60 ofsaidPlatF until reaching acorner with Tract 62, Plat ofthe same block, said point also being the southwest comer of said Tract 60; hence eastward along the rear orbackpropertylines ofTracts 59, 60, and 120 ofPlat F, the same abutting said Tract 62, until reaching the southeastemcomer ofTract 120, Plat F at the western property line. of Tract 119 of Plat F; hence south along the shared property line of said Tracts 119 and 62 until reaching the southwestern comer of Tract 119, Plat F, the same point being at the western end of or rear property line of said Tract 119, which also is a shared boundary with Tract 62-A of Plat F; pavement line or curb of the north bound service road to MLK, Jr. Parkway; hence northwestward along said curb linepast the intersections at SabinePass Avenue, Penn. Street, Park Street, and Neches Street and to the point of intersection with the south r.o.w. line of Underhill Avenue; hence northeastward across Underhill Avenue to a point on the north r.o.w. line of said street at the southwest comer of Lot 26 of Plat P; hence northward along the rear or west propertylines of Tracts 26 and 54 of Plat P to the northwest corner of Tract 54, the same being the northeast comer of Tract 24, Plat P; hence east along the north property line of Tract 54 to the southwest corner of Tract 9, the same being a point at the southwest corner of Tract 8 of Plat P; hence northward along the property line shared by Tracts 8 and 9 to reach the south r.o.w. line of Kay Street; hence northward across Kay Street to apoint on the north r.o.w. of said street at the southwest corner of Lot 7, the same being the southeast comer of Lot 8, of Block 2 of Jersey Farm Addition; hence north along the property line separating Lots 7, and 8 to the common comer created at the junction of Lots 2, 3, 7, and 8 of Block 2; hence north along the line separating Lots 2 and 3 to the south r.o.w. line of Irma Street; hence northward across Irma Street to thenorthr.o.w. line ofsaid street at the common corner ofLots 7 and 8 of Block 7 in the Jersey Farm Addition; hence northward along the property line separating Lots 7 and 8 to the common corner created at the junction of Lots 2, 3?, 7, and 8 of Block 7; hence north along the line separating Lots 2 and 3? to the south r.o.w. line of Craig Street and then east along the south r.o.w. line of Craig Street to the northeast comer of Lot 2, the same being the -northwest comer of Lot 1, of Block 7; hence northward across Craig Street to thepointwhere the jointpropertyline ofLot 1 and 2 ofBlock 10, Jersey Farms Addition connects to the north r.o.w. of Craig Street; hencenorthward along the commdnproperty line between Lots 1 and 2 of Block 10, JerseyFarm Addition to andthen alongthe commonpropertylinebetweenLots 74 and 75 ofBlock 10 intheLangham Addition to the south r.o.w. line of Royal Street; r1 611: 11 an Legal Description of EMPOWERIVIENT ZONE 4 From aPoint ofBeginning (POB) at the center ofthe intersection ofthe r.o.w. (rights-of-way) ofMagnolia Avenue and the north r.o.w. oflH-10 go west along the said northr.o.w. ofIH=10 until reaching apoint on the southwest corner of Lot 18, Block 70, North Addition and thenproceedi ag on the same heading along said IH -10 r.o.w. to cross and reach apoint on the west side of an Walley separating saidBlock 70 from Block 1, Farnsworth Addition; hence north along the west boundary of said alley to the northeast corner of Lot 9, Block 70, North Addition and continuing along the west boundary of said alley in a northwesterly direction to a point on the south r.o.w. line ofIslaAvenue, the same being thenortheast comer ofthe East 46 and 2/3 feet of Lots 5 and 6 of Block 65, North Addition; hence northwesterly across Isla Avenue to apoint on the north r.o.w. line of 1slaAvenue at the southeast corner ofLot 1, Block 64, North Addition, the same being on the west r.o.w. ofthe alley splinting said block; hence continuing northwesterly along the west r.o.w. line of said alley splintingblocks 64, 57, 56, 50, 49, and 40 ofNorth Addition to a point at the southeast comer of Lot 5, Block 40, of said addition, the same being the northeast corner of Lot 4, Block 40 in said North Addition; hence southwest along the propertyline separating said Lots 4 and 5 to the east r.o.w. of Cable Avenue, then northward along said east r.o.w. of Cable Avenue to the northwest comer of said Lot 5, the same being the south west corner of Lot 6, Block 40, North Addition; hence southwesterly across Cable Avenue to apoint on the west r.o.w. line of Cable Avenue that is also the southeast corner of Lot 7 and the northeast corner of Lot 8, both in Block 41, North Addition; hence southwesterly along the common boundary line of Lots 7 and 8 to the common point shared bythe southwest corner of said Lot 7 and the northwest comer of said Lot 8, the same also being on the east r.o.w. line of the alley separating Lots 1-6 from Lots 7-12 of said Block 41; hence continuing on the sameheading across said alleyto apoint on its westr.o.w. line, the samebeingthe southeast comer of Lot 6 and the northeast comer of Lot 5 both in said Block 41; hence along the common boundary line between Lots 5 and 6 to apoint on the east r.o.w. line ofForrest Street, the same beingthe northwest corner of said Lot 5 and the southwest corner of said Lot 6, both in said Block 41; hence continuing on the same heading across Forrest Street to apoint on the west r.o.w. line of said street, the same being the southeast comer of Lot 7 and the northeast corner of Lot 8, both in Block 42, North Addition; hence southward along said street r.o.w. line to the southeast corner ofLot 8, the same being the northeast corner of Lot 9, Block 42, North Addition; hence southwesterly along the common boundarybetween said Lots 8 and 9 until reaching a point on the eastern r.o.w. line ofthe alley separating Lots 1-6 from Lots 7-12 of saidblock 42, the same being the southwest corner of said Lot 8 and the northwest comer of said Lot 9; hence continuing on the same heading across said alleyto a point on its westr.o.w. line, the same being the southeast corner of Lot 5 and the northeast comer of Lot 4 in said Block 42; hence northward along said alleyr.o.w. line, the same being the rearproperty line ofsaidLot 5, to the northeast corner of said Lot 5, the same being the southeast corner of Lot 6 in said Block 42; hence southwesterly along the common property line between said lots 5 and 6 to and then across Linson Avenue, to the common point at the southeast corner oflot 7 and the northeast comer ofLot 8, Block 43, North Addition, the same being on the west r.o.w. line of Linson Avenue and then along the common boundary line between saidLots 7 and 8 to and across an alley and then along the commonpropertyline between Lots 5 and 6 of Block 43, to reach the east r.o.w. line of Coast Street; hence continuing on the same heading to apoint on the west r.o.w. line ofCoast Street, the same b eing the east property line of Lot 5, Block 44, North Addition and then southward along said west r.o.w. line to the southeast comer of said Lot 5, the same being on the north r.o.w. of an alley separating Lots 5-7 from Lots 1-4 in said Block 44; hence continuing southward along the west r.o.w. line of Coast Street to reach apoint on the south r.o.w. line of said alley, the same being the northeast comer of Lot 4 in said Block 44, and then taming southwesterly and followingthe southr.o.w. line ofsaid alley, the samebeingtherearpropertylines ofLots 1-4 in said Block 44, to the northwest comer of Lot 1; hence continuing on the same heading along the south r.o.w. line of said alley, the same being the north property line ofLot 1, Block 34 & %, Mc Fadden Heights Addition, to the east r. o.w. line of Gulf Street, the same being the northwest comer of said Lot 1, and then southward along said east r.o.w. line of GuIf Street to a point approximately at the mid point of the front property line of said Lot 1; hence westerly across Gulf Street to a point on the west r.o.w. line of Gulf Street that is also at the northeast corner of Lot 8 and the southeast corner of Lot 9, both in Block 34, Mc Fadden Heights Addition and then continuing onthe same heading alongthe commonboundaryline between said Lots 8 and 9 as well as Lots 4 and 5 of said Block 34 to the east and then to the west r.o.w. line of Jirou Street at the northeast corner of Lot 4 and the southeast comer of Lot 3, both in Willard I" Addition??; Hence north along the west r.o.w. line of Jirou Street to the northeast corner of said Lot 3, the same being the southeast comer of Lot 2, Willard 1St Addition??; Hence westerly along the common boundarybetween said Lots 2 and 3 until reachingthe northwest comer of said Lot 3, the same being the southwest corner of said Lot 2 and on the east r.o.w. of an alleybordering the rear boundary lines of Lots 1 - 4 of Willard l' Addition; hence continuing westerly to a point on the west r.o.w. of said alley, the same being on the east property line ofLot 5, Willard 1St Addition?? and then going northward along the west r:o.w. of said alleyto the northeast comer of said Lot 5, the same being a point on the south r.o.w. line of an alleyboth bordering and on the rear property lines of Lots 5 - 8 of Willard 1St Addition; hence westerly along the rear property lines of said Lots 5 - 8 to the northwest corner of said Lot 8 and then across an alley bordering the west side of said Lot 8 to the northeast corner of Lot 18, Block 1, Ainsworth Addition; hence westward along the rearproperty lines of Lots 1- 5, Block 1, Ainsworth Addition, the same being the rear property lines of Lots 14 -18, Block 1, Ainsworth Addition to the northwest comer of said Lot 14, the same being common to a comer of Lots 6 and 12 of Block 1, Ainsworth Addition; hence south alongthe west property line ofLot 14, Block I,AinsworthAddition, the samebeingthe rear ® property lines of l ots 12 and 13, Block l,Ainsworth Addition, to reach apoint on the northr.o.w. line of Cottonwood Avenue at the southwest comer of said Lot 14, the samebeing the southeast comer ofLot 13, Block 1,Ainsworth Addition and then continuing on the same heading until reaching the south r.o.w. line of Cottonwood Avenue, the same being on the north property line of Lot 3, Block 2,Ainsworth Addition; hence easterly along said south r.o.w. line of Cottonwood Avenue to the northeast corner of said Lot 3, the same being on the rear property line of said Lot 3 and the northwest corner of Lot 2, Block 2, Ainsworth Addition; hence southward along the rear property lines of Lots 3 and then 4, Block 2,Ainsworth Addition until reaching apoint atthe southeast comer of said Lot 4, the same being the southwest comer ofLot 2, Block 2, Ainsworth Addition; hence easterly along the rear property lines of Lots 2 and then 1, Block 2, Ainsworth Addition, until reaching the southeast corner of said Lot 1, the same being the northeast comer of Tract 29, Plat A-14; hencesouthward alongthe rearpropertyline ofsaidTract 29, the samebeingthewestpropertyline ofLot 8, Block?? Ainsworth Addition, until reaching the southwest corner of said Lot 8 andthento the southeast comer of said Tract 29, the same being the northwest corner of Tract A, Willard 2d Addition; hence eastward along the north orrearproperty line ofsaid Tract Auntil reachingthenortheast comer of said tract, the same being the northwest corner of Tract B, Willard 2"a Addition; hence southward along the shared boundarybetween said Tracts A and B until reaching the north r.o.w. ofLive Oak Avenue and turning and goingwestward along said r.o.w. until reaching the comer with the east r.o.w. line of Concord Road; hence southeasterlyacross Live Oak Street to the northwest comer ofLot 1, Block 28, McFaddenHeights Addition and then southeasterly following the north r. o.w. of Concord Road and the property lines of Lots 2 - 4 of Block 28, McFaddenHeights Addition until reaching a corner at the east propertyline ofsaidLot 4; hence southward following the east property line of said Lot 4 until reaching the north r.o.w. line of Maritime Avenue and then northeasterly across Concord Road to the southwest comer of Lot 8, Block 28, McFaddenHeights Addition, the same being at the intersection ofthe east r.o.w. of3irou Street and the north r.o.w. of Concord Road; hencenorthward along the east r.o.w. of jirou Street, the same being thewest property line of saidLot 8, until reaching the northwest comer of said Lot 8 at the south r.o.w. line of Live Oak Avenue; hence easterly along the south r.o.w. line ofLive Oak Avenue to the northeast corner of Lot 10, Block 28, McFaddenHeights Addition, the same being the northwest corner of Lot 18, Block 28, McFadden Heights Addition; hence south along the common boundary line between said Lots 10 and 18 to the southwest comer of said Lot 18, the same being the northwest comer of Lot 17, Block 28, McFadden Heights Addition; hence easterly along the common boundaryline between said Lots 17 and 18 untilreachingthewestr.o.w. line of Gulf Street and then south along said r.o.w. until reaching the north r.o.w. line of Concord Road; hence easterly to reach the east r.o.w. line of Gulf Street at the southwest comer of Lot 2, Block 27, McFaddenHeights Addition, the samebeingthenorthwestcomerofLot 3, Block27, McFaddenHeights Addition; hence eastward along the common boundary line between said Lots 2 and 3 until reaching the northeast comer of said Lot 3, the same being the southeast comer of said Lot 2; hence south along the rear property line of said Lot 3 to the southeast comerofsaidlot, the samebeing the northeast comer ofLot 4, Block 27, the northwest corner of Lot 15, and the southwest comer of Lot 16 all in McFadden Heights Addition; hence eastward along the commonboundary line between said Lots 15 and 16 until reachingthe west r.o.w line ofMariposa Street and then to the eastr.o.w. line ofMariposa Street atthenorthwest corner ofLot 1, Block 25, McFadden Heights Addition and continuing along the north property line of said Lot 1, the same being the south r.o.w. line of Spruce Avenue, to the northeast corner of said Lot 1, the same being the northwest comer of Lot 7, Block 24, McFadden Heights Addition; hence southward along the rear propertyline ofLots 1-6, Block 25, McFaddenHeights Addition ft) the north r. o .w..line of Caldwell Avenue and continuing on the same heading to follow the rear property line 4 of Lots 1-6, Block 24, McFadden Heights Addition to reach the north r.o.w. line ofMaple Avenue at the d southeast corner of Lot 6, Block 24, McFadden Heights Addition; hence southwesterly to a point on the south r.o.w. line ofMaple Avenue at the northeast comer of Lot 7, Prater Estates Addition, the same being the northwest comer of Lot 6, Prater Estates Addition andgoing southward along the eastproperty of said Lot 7 and west pl of 5 out of Lot 6 and then 5 ofPrater Estates until reaching the north r.o.w. line of Concord Road; hence southeasterly along north r. o.w line of Concord Road to the southeast comer ofLot 2, Prater Estates Addition, the same being on the westr.o.w. ofDexter Street and then southward to the south r.o.w. line of Concord Road at the northwest corner of Tract 42, Plat A-5 and continuing along the west property line of said Tract 42 until reaching the northeast corner of Lot 1, Block 1, McFadden Heights Addition; Hence southward following the eastern or rear propertylines ofLots 1-3, Block 1, McFaddenHeights Addition to a point on the north ro.w. line of 111-10; hence westerly along the north ro.w.line ofIH-10until reaching the west no.w.line ofGulfStreetand then northward along said r.o.w. until reaching the south and then north no.w. line of Caldwell Avenue; hence westward along the north r.o.w. line of Caldwell Avenue until reaching the east r.o.w. line of St Helena Street; hence northward along the east r.o.w. line of St. Helena Street until reaching the north r.o.w. ofPlum Avenue at the southwest comer of Tract 3 6, Plat A 14, 7 Drake Addition and then going westward to the west r.o.w. line of St. Helena Street, said pointbeing the northwest comer of said intersection of Plum and St. Helena and the southeast corner of Tract 7, Plat D-2; hence westward alongthe northr.o.w. line ofPlum Street, the same being the south property line of said Tract 7, until reaching the southwest comer of said Tract 7; hence northeastward along the propertyline shared between Tracts 5 and 5A, Plat D-2 and said Tract 7 until reaching the southeast comer of said Tract 5A, the same being the most southern comer point of Tract 6, Plat D-2 and a point on the boundary with said Tract 7; hence northward along the common boundary line between said Tract 5A and Tracts 6 and 9, all in Plat D-2, to the northeast corner of said Tract 5A, said comer also being a point common with Tract 9 in Plat D-2 and an alley bordering said lots; hence norteasterly along the north property line of said Tract 9 to the point on the rearproperty line ofLot 11, Block 1, Johnson and Girolamo Addition on the south r.o.w. line of the alley -- hence southwestward to that point along the south r.o.w. line of the alley -bordering Lot 5A until reaching a point that would be directly across said alley from the northeast corner ofLot 1, Block 1, rohnson and Girolamo Addition at the north r.o.w. of Denver Street; hence northwesterly to the northwest corner of said Lot 1, the same being on the south r.o.w. line of Denver Street and then across said street r.o.w. to the northeast corner ofLot 7, Block 2, Johnson and Girolamo Addition; hence northwesterly along the south r.o.w. line of the alley bordering the north side of said Lot 7,'to the northwest corner of saidLot 7, the samebeing on the south r.o.w. of an alleybordering the rear of said Lot 7; hence northwesterly across said alley r-.o.w to the northeast corner of Lot 8, Block 2, Johnson and Girolamo Addition and then northwesterly along the common boundaryb etween said Lot 8 and the alley until reaching the east r.o.w. line of Girolamo Street, the same being the northwest comer of said Lot 8; hence northward along the east r.o.w. line of Girolamo Street until reaching the south r.o.w line of Brickyard Road and then continuing in a northerly direction across said street r.o.w. to the southeast corner of Lot A, Block 1, Bullock Addition; hence westward alongthe northr.o.w. ofBrickyard Road to the south r.o.w. line ofthe alley extending through Bullock Addition, the same being the southeast comer of Lot 12, Block 1, Bullock Addition; hencenorthwesterly along said alley's southr.o.w: Iineuntil reaching therearproperty line ofLot 10, Block 1, Bullock Addition; hence following the rear property lines of Lots 10 - 6, Block 1, Bullock Addition until reaching the northwest corner of said Lot 6 and then going southward following the west property lane of said Lot 6 -to reach the northr.o.w. line ofBrickyard Road, the same being the southeast corner ofTract 12, PlatD-3; hencewesterlyalongthenorthr.o.w. line ofBrickyard Road to the southwest comer ofsaid Tract 12, Plat D-3, the same being the southeast comer of Lot 1, Block 1,Wiliard Addition; hence northwesterly along the common boundary between said Tract 12 and Lots 1 -12, Block 1, of Willard Addition until reaching the northwest corner of said Tract 12, said point being common to the rear lot line of said Lot 12, Willard Addition; hence westerly along that portion of the rear property line of s aid Lot 12 that is common with Tract 16? Plat, D-3 to reach the southwest corner of said Tract 16?; hencenorthward alongthe west property line of said Tract 16, which is also commonto the Eastproperty line of Tract 2? Plat D-3, to reach the northwest comer of said Tract 16 ?the same being the southwest corner of Tract 18, Plat D-3; hence northward along the common boundarybetween said Tracts 16 and 18 to reach the south r.o.w. of Beatrice Street; hence northwesterly across said street to reach the north r.o.w. line ofBeatrice Street at the southwest corner of Tract 26 and the southeast corner of Tract 28, both in Plat D-4; hence northwesterly along the common boundary between Tract 28 and Tracts 26 and 7 ofPIat D-4 until reachingthe northeast comer ofTract 28, the same being on the southproperty line ofTract 6 ofPlat D-4; hence southwesterly along the common b oundarybetween said Tracts 6 and 28 to the northwest corner of said Tract 28, the same being a corner on said Tract 6 and on the east property line ofTract 18, Plat D-4; hence northerly along the common boundaryb etween said Tracts 6 and 18 until reaching the south r.o.w. of the alley abutting Tracts 18 and 6 and then southwesterly along saidr.o.w. to a point directly across from -the southeast comer of Lot 7, Block 2, Cousins Addition; hence across said alley ro.w: to the southeast comer of said Lot 7 and then northerly along the common boundary between said Lot 7 and Lots 8-10, Block 2 of Cousins Addition to the south r.o.w. line of Delaware Street; hence continuing onthe same heading to the north r.o.w. line ofDelaware Street at southwest coiner of Lot 10, Block 1, Cousins Addition, the samebeing the southeast corner of Lot 7, Block 1 of Cousins Addition and then northwesterly along the common boundarybetween said Lot 7 and the rear lot fines of Lots 8-10, Block 1, Cousins Addition to the northeast comer of said Lot 7 at the southern no.w. ofthe alley bordering the north side of Block I,Cousins Addition; hence southwesterly along said alley r.o.w. until reaching a point directly across said alley from the southeast comer of Tract 13, the same being the southwest comer of Tract 4, both in Plat D-4; hence crossing said alley to reach the commonpoint at the southeast corner of said Tract 13 and the southwest corner of said Lot 4; hence northwesterly along the commonboundaryline between said Tracts 13 and 4 until reaching the south propertyline ofTract 3, Plat D-4, which is also at the northeast comer of said Tract 13 and the northwest comer of said Tract 4; hence southwesterly along the common property line between said Tracts 3 and 13 to a point at the southwest comer of Tract 3, the same being the southeast corner of Tract 10, Plat D-4; hence northwesWly along the shared boundary line between said Tracts 3 and 10 to reach the south property line of Tract 34, Plat D-4, the same being the northeast corner of said Tract 10; hence northeasterly along the commonproperty he between said Tracts 3 and 34 to the southwest comer of Tract 32, Plat D-4 and then northwesterly along the rear property lines ofTracts 32, 25, and 23, Plat D-4 until reaching the south property line of Tract 2 in Plat D-4; hence westerly along the southprop erty line of said Tract 2 until reaching the southwest comer of said Tract 2 and then turning and going north along the rear property line of said Tract 2, the same being common to Tract 29, Plat D-4, and continuing past the common corner with Tract 20, Plat D-4 to reach the south property line of Tract 1, also in Plat D-4; hence southwesterly and thennorthwesterly along the shared boundary line between Tracts 1 and29to a point directly across from the southwest comer of Tract 36, Plat D-4 and indirect alignment withthe rear property line of said Tract 36; hence across Tract 1 following aheading indirect alignment with and then following the rearpropertyline of Tracts 36 and 35, Plat D4 until reaching the southeast comer of said Tract 35, the same being on the southwest ?? of Tract 37, Plat D-4; hence taming northwesterly and followingthe commonpropeityline between Tracts 35 and 37 ofPlatD-4 until reaching the south r.o.w. line of Dogwood Lane; hence continuing on the same heading to apoint on the north r.o.w. line of Dogwood Lane at the southeast comer ofLot 10, Block 1, Comstock Addition, the same being the southwest corner ofLot 9, Block 1, Comstock Addition; hence continuing along the common boundary line between said Lot10 andLots 9-7, Comstock Addition to reach the south property line of Lot 6, the same being both the northeast corner of said Lot 10 and the northwest comer of said Lot 7; hence southwesterly along the southpropertyline ofsaid Lot 6, the same being the rearpropertylines of Lots 10-15, Block 1, Comstock Addition to the east r. o.w. line of the Santa Fe RR, where said point is also the northwest corner of said Lot 15, Comstock Addition; hence northwesterly along said east RRr.o.w. past Lots 5-1, Comstock Addition to the common point created by the southwest comer of said Lot 1 and the southeast comer of Tract A, Bodin. Addition; hence continuing along said RR r.o.w. and the southwest or rear property line of said Tract A to the common point at the'southwest corner of said Tract A and the southeast comer of Tract 15, Plat D-18; hence southwesterly alongthe shared boundarybetween said Tract 15 and the east r.o.w. line ofthe Santa Fe RR to the south r.o.w. of Concord Road, the same being the northwest comer of said Tract 15; hence continuing west along the south r.o.w. of Concord Road to the eastproperty line of Tract 58, Plat D-13 and then southeasterly along the shared boundarybetween said Tract 58 and the west r.o.w. line of the S arta Fe RR to reach the southeast corner of said Tract 58, the same being the northeast comer o f Tract 232, Plat D-13; hence westerly along the common b oundarybetween said Tracts 58 and 23 2 to and then along the rear propertylines ofTracts 233 and222, allinPIatD-13 and then continuingwesterlyto reach the east r.o.w. of Beard Street at the southwest corner of said Tract 222; hence north along the east r.o.w. ofB eard Street until reaching a point directly across the street from the southeast corner of Tract234 in Plat D-13 and then turning and going westerly until reaching the west r.o.w. of Beard Street at the southeast comer of said Tract 234; hence westerly along the rear or southproperty line of said Tract 234 to its southwestern corner, the same being a corner point on Tract 56 and a side property line to Tract 57, both in Plat D-13; hence continuing westerly, then southward, eastward, and so fourth following thepropertyline of said Tract 56 until reaching a point on said property line that is also the southwest comer of Tract 55, Plat D-13; hence northward along the westpropertyline ofTracts 52-55 of Plat D-13 until reaching the northwest comer of said Tract 52, the same also being the southwest comer of Tract 51, Plat D-13; hence northward along the west property line of said Tract 51, the same being part ofthe rear property line of Lot 13, Block 6, KohlerPlace Addition, until reaching its commonpointwith the northeast comer of said Lot 13; hence westerly along the north property of said Lot 13, the same being the southpropertyline ofLot 14, Block 6, Kohler Place Addition, until reaching the east r.o.w. of Minglewood Drive; hence northward along the eastr.o.w. line ofMinglewoodDrive until meetingthe southr.o.w. line of Oakwood Lane and then going northwesterly to the north r.o.w. line of Oakwood Lane at the southwestem corner of Lot 24, Block 1 Kohler Place Addition; hence northwesterly following the rear property line of Lots 24-20 until reaching the south r.o.w. line of French Road and then continuing to the north r.o.w. line of French Road at the southwest corner of Lot 2, Block 1, South Woodlawn Addition, the same also being the southeast comer of Lot 3, Block 1, Lockewood Addition; hence northwesterly along the rear lot lines of Lot 2, Block 1, Lots 1-4, Block 3, and Lots 2-9, Block 2, all in South Woodlawn Addition, the same being the rear lot lines of Lots 3 -10, Block 1, Lockewood Addition until reaching the east r.o.w, of Redwood Drive; - hencenortherly along the east r.o.w. ofRedwood Drive until reachingthe south end ofthewestproperty line of Lot 2, Block 2, South Woodlawn Addition; hence across Redwood Drive to the southeast comer ofLot 3, Block 1, South Woodlawn Addition, th6 same being the northeast comer o fLot 4, Block 1, South Woodlawn Addition and on the west r.o.w. of Redwood Lane; hence westerly along therear lot lines ofLots 3 -1, Block 1, South Woodlawn Addition, the same being the north property line ofLot 4,Block 1, South Woodlawn Addition, to the southwest comer of said Lot 1, the same being the northwest comer of said Lot 4, and on the east property line of Tract 32, Platb - 14; hence southward along the westboundaryofBlock 1, South Woodlawn Addition, the samebeingthe rear lot lines of Lots 4 - 14 of said Addition until reaching the northeast comer of Tract 35, Plat D -14; hence southwesterly following the rear property lines ofTracts 35 - 37, Plat D -14 to the eastr.o.w. line of Carlisle Drive and then continuing on the same course to the west no.w. line of Carlisle Drive where the property line for French High School, which is Tract 31, Plat D-14, and Tract 38, Plat D - 14 meet; hence continuing on the same heading along the boundary line between French High School and said Tract 38 until reaching the southernmost comer of said school property and turning right or northwesterly and continuing northwesterlyalong the commonboundary line between said school propertyon the north and ®, Tract 34, Plat D - 14 on the south until reaching the east r.o.w. line -of Pinkston Drive; hence northerly along the east r.o.w. line ofPinkston Drive until reaching apoint directly across Pinkston Drive from the common point where Lot 1, Block 1, Plat D-14 and Tract 30, Plat D-14 join at the north r.o.w. of Pinkston Drive; hence northwesterly across Pinkston Drive to said commonpoint sharedby said Lot 1 and Tract 30 at the north r.o.w. line of Pinkston Drive and continuing on the same heading along the common boundary line between said Lot 1, Block 1, Plat D -14 and Tract 30; PlatD -14 until reaching a comer at the junction of said Lot 1 and Tract 30 with Lot 2, Block 1, Plat - 14 and Tract 65, French Heights Addition; hence northward along the common boundary line between said Tracts 30 and 65 and then between Tract 66W, French Heights Addition and Lot 192-A. Plat D- 14 until reaching thepoint where the rearproperty lines of said Tract 66W and Tract 66E, French -Heights Addition meet; hence northwesterly along the common property line between said Tracts 66W and 66E to the south no.w. line of East Lucus Drive; hence northward along the southr.o.w. line ofEast Lucus Drive until reaching a point that is directly across the street from that common point on thenorthr.o.w. line ofEast Lucus Drivethatis thejunction of Tract A, Block 6, being a part of Lot 36, French Heights Addition and Tract D of Lot 36 French Heights Addition; hence northwesterly along the common boundary line between said Tracts A andD until reaching the common comer where the northwest comer bf said Tract A and the southwest comer of Tract B, Block 6, being apartofLot 36, FrenchHeights Addition meet and continuing along the commonpropertyline of Tract B and D until reaching the rear property line of said Tracts B and D, the same being the southeast property line of Lot 35 French Heights Addition owned by the Beaumont Housing Authority and then turning and going noitheasterlyalong the common propertyline of said Tract B andLot 35 French Heights Addition until reaching the west r.o.w. line of Concord Road; hence crossing said road, following the same heading, to the East r.o.w. line of Concord Road and then going northward along said r.o.w. to the common point created bythe junction of the westernmost comer o f Tract 1-B, Lot 3, Block 3, French Heights Addition and the southernmost comer ofthat parcel being the southern 228' portion of the west 50 foot portion of Lot 3, French Heights Addition; hence turning northeasterly and going along the common boundaryline b etween said Tract 1-B and the both the southern228.4' and the northern 378.6' portions ofthatparcel being the western 50 feet ofLot 3 until reaching the rearpropertyline ofTract 1-B, the same being the rear propertyline ofTract 8, Block 3, French Heights Addition; hence turning and going southeasterly along the common rear property line of said Tract 1-B and Tract 8 until reaching the comer point where Tracts 1-B, 2, 8, and 9 of said Block3 meet; ® hence northeasterly along the rear property line of said Tract 9 and then 10 of said Block 3, the same bordering said Tract 8, until reaching the northern most comer of said Tract 10, the same point being the western most comer of Tract 11-C, Block 3, French Heights Addition; hence turning and going southeasterly along the commonboundary line between. said Tract s 10 and 11-C and then Tract 11 B of said Block 3 until reaching the southernmost corner of said Tract 11-B, the same being a corner of Tract 11-D also of said Block 3; hence turning and going northeasterly along the rearproperty line of said Tract 11-D and Tract 11-E, both ofwhich border Tract 11 -B and then taming and going southeasterly along the boundary line between said Tract 11-E and 11-A of said Block 3 until reaching the point formed bythe junction of said Tracts 11-A, 11-E, and Lot 11, Block 3, French Heights Addition; hence turning northeasterly and going along the rear property line of said Lot 11, the same being common to the southeast property hue of said Tract 11-A, until reaching the south r.o.w. line ofPineBurr Blvd.; hence continuing on the same heading to the north r.o.w. fine ofPineBurr Blvd at the southemmost corner ofTract 13, Block 3, French Heights Addition, the same b eing a common comer with the west one-half of Tract 12, Block 3, French Heights Addition; hence northeasterly along the common boundaryline between said Tract 13 and the west one-half of Tract 12, until reaching and crossing the SantaFe RR property and then to the west r.o.w. line ofHelbigRoad; hence crossing to the eastern r.o.w. line of Helbig Road to reach the property line of Tract 8, Plat D-18 and turning and going northward along said r.o.w. and property line until reaching the common comer formed by said Tract 8 and Tracts 85 and 85-A, Plat D-21; hence easterly along the boundary line between said Tract 85 and 85-A until reaching the southeast comer of Tract 85-A, the same being a comer of said Tract 85 and on the west propertyline of Tract 85-C, Plat D-21 owned by the Diocese of Beaumont; hence northward along the common line being the east property line of said Tract 85-A and the west property line of Tract 85-C until reaching the northwest corner of said Tract 85-C and turning and going east following the northproperty line of said Tract 85-C to the southwest comer of Lot 6, Block 3, Weber King Addition and turning and going northward along theboundary line between said Lot 6 and Lot 7 of said block and addition until reaching the south r.o.w. ofMc Hale Street?? and taming and going eastward along saidr.o.w. to the northeast comerofsaid Lot 6 andturning andgoing southward along the property line between said Lot 6 nd Lot 5 of said block and addition to the southwest comer ofsaid Lot 5 at the north property line of said Tract 85-A; hence turning and going along the rearproperty line of said Lot 5 to the southeast comer of said lot and taming and going northward along the common boundary line between said Lot 5 and Lot 4 of said block and addition until again reaching the south r.o.w. line of Mc Hale Street; hence eastward along the southr.o.w. line ofMc Hale Street, the same being the front property line of Lots 4, 3, 2, and 1 of Block 3, Weber King Addition until reaching the west r.o.w. line ofBignerRoad and taming and going southward along the west r.o.w. line ofBigner Road to apoint directly across Bigaer Road from a point on the eastern r.o.w. line of Bigner Road at the rear property line of Tract 7, Lot 4, Block 4, of Lucas Acres Addition; hence crossing Bigner Road to reach said point on the eastern r.o.w. line of Bigner Road at the rear property line of said Tract 7 of Lucas Acres Addition and continuing eastward along the rear property line ofsaid Tract 7 to reach the northwestern comer of Tract 6, Block 4, Lucas Acres Addition the same also being the southeast corner of Tract 3, Lot 4, Block 4, Lucas Acres Addition; hence northward alongthe western property line of Tract 3, Lot 3, Block 4 Lucas Acres Addition, the same b eing the eastemproperty line of Tract 3, Lot 4, Block 4 and continuingnorthward until reaching the northeast comer of said Tract 3 in Lot 4, the samebeing the southeast corner of Tract 2, Lot 4, Block 4; hence continuing northward along the rear property line of Tracts 2 and then 1, Lot 4, Block 4 until reaching the northeast corner of said Tractl , the same being the northwest corner of Tract 5, Lot 3, Block 4, Lucas Acres Addition; hence turning and going eastward along the north property line of said Tracts 5 and 7 to reach the northeast comer of said Tract 7, the same being the northwest corner of Tract 4, Lot 3, Block 4, Lucas Acres Addition and continuing eastward along the rear property line of said Tract 4 until reaching the northeast corner of said Tract 4; hence southward along.the east property line of said Tract 4 until reaching the northwest comer of that parcel being the South %2 of Lot 2, Block 4, the same being on the rearproperty line of said parcel, and the turning and going eastward along said rearproperty line to the northwest corner of the adjacentparcel being the South %ofLot 1, Block 4, Lucas Acres Addition, the same being on the rear propertyline of said parcel and continuing eastward along that rear property line to the west r.o.w. of Wilshire Drive and then to the east r.o.w. line of Wilshire Drive; hence northward along said east r.o.w. line of Wilshire Drive until reaching the northwest comer ofthat parcel being the South 3/4 ofLot 4, Block 3, the same also being the southwest comer of that parcel being the North 1/4 of Lot 4, Block 3, both in Lucas Acres Addition; hence eastward along the commonpropertyline between said South 3/4 of Lot 4, Block 3 and the North 1/4 ofLot 4, Block 3 until reaching the northeast corner of said South 3/4 Lot 4, Block 3, the same b eing the southeast comer of said parcel being the North 1/4 of Lot 4, Block 3 and turning and going northward along the rear property line of said parcel being the North 1 /4 of Lot 4 until reaching the northeast corner ofsaid parcel, the same being on the south property Hue ofthat parcel being the South %Z ofLot 5, Block 3, Lucas Acres Addition; hence eastward along said south property line of that parcel being the South %i ofLot 5 to and then along ® the north property line ofthat parcel being the east 1 02.3 6'ofLot 2, Block 3, Lucas Acres Addition, the same being common to the southproperty line ofthat adjacent parcel being the Souith % ofLot 16, Block 3, Lucas Acres Addition, until reaching the northeast corner of said parcel being the east 102.3 6' ofLot 2; hence southward along the east property line of said parcel being the east 102.36' ofLot 2, the same being a shared rear property line of Tracts A, B, and C out of the North 200' of Lot 1, Block 3, Lucas Acres Addition and Lot 1-D, Block 3, Lucas Acres Addition, until reaching the southwest comer of said Lot 1-D; hence northward along the west property line of said Lot 2, Block 3 to and then along the rear property line ofsaid Lot 2 to the northeast corner of said lot and then southward along the eastpropertyline of said Lot 2 to the northwest comer of that parcel being the South 150 feet of Lot 1, Block 3, Lucas Acres; hence eastward along the southproperty line of said Lot 1-D, the same being the northpropertyline of that parcel being the South 150 feet ofLot 1, Block 3, Lucas Acres until reaching the west r.o.w. line of Abilene Avenue and then continuing onthe same heading to the east r.o.w. line ofAbilene Avenue, the same being a point on the west property line of Lot 4, Block 2, Lucas Acres Addition; hence northward along the west r.o.w. line of Abilene Avenue to the northwest comer of said Lot 4 and then taming easterlyto go along the rear propertyline of said Lot 4 to and then along the rear lot line ofLot 3, Block 2, Lucas Acres Addition to the northeast corner of said Lot 3; hence southward along the eastern boundaryof said Lot 3 to a point at the northwest comer of the adj acent Lot 2 which is also in Block 2 of Lucas Acres and turning and going easterly along the rear property line of said Lot 2 and the adjacent Lot 1, Block 2, Lucas Acres Addition to the west r.o.w. line of Idylwood Street, the same being the northeast corner of said Lot 1; hence southward along the west r.o.w. line ofldylwood Street to apoint directly across the street from the northwest corner of Tract 4A, Lot 4, Block 1, Lucas Acres Addition which is on the east r.o.w. line of Idylwood Street; hence easterly across Idylwood Street to said northwest comer o f Tract 4A and then along the rear lot line of said Tract 4A to the northeast corner of said parcel, the same being on the western boundaryofLot 3, Block 1, Lucas Acres Addition; hence northward along said western boundary of Lot 3 to its northwestern comer, the same being the northeast comer of Lot 4C, Block 1, Lucas Acres Addition; hence easterly along the rear property line of said Lot 3 and adjacent Lots 2 an 1 to the northeastern corner ofLot 1, Block 1, Lucas Acres Addition, said point also being on the westemproperty line of the adjacent Tract 22, Plat D-27; hence northward along the westemproperty line of said Tract 22 to the northwester comer of said parcel ® and then easterly along the rear property line of said Tract 22 to the northeast comer of said parcel; hence southward along the eastern property line of said Tract 22 until reaching the northwest comer of the adjacent Tract 4, Plat D-27; hence easterlyalong and on the same heading as therearproperty line ofsaid Tract 4 until reaching the eastern r.o.w. of Fort Drive, the same being on the western property line of Tract 30A, Plat D-27; hence northward along the eastern r. o.w. o fFort Drive until reaching the northwest comer of said Tract 30A, the same being the southwest corner of Tract 30, Plat D-27, and thentuming and going easterly along the rear property line of said Tract 3 OA until reaching the northeast comer of said Tract 30A, the same being the southeast corner of said Tract 30; hence northward along the shared boundary line between said Tract 30 and Tract 31, Plat D-27 until reaching the northeast comer of Tract 30, the same being the northwest corner of said Tract 31; hence easterly alongtherearpropertyline of said Tract 31 and continuing on the same heading along the rear property lines of Tracts 32 and 33 ofPlat D-27 until reaching the northeast comer of said Tract 33, the same being the northwest comer of Tract 34, the southeast comer of Tract 35, and a corner of Tract 39 all in Plat D-27; hence northward along the shared boundary line between Tract 39, Plat D-27 and Tracts 35-37 also in Plat D-27 to a corner and turning and going southeasterly along the northern boundary of said Tract 39, the same being a shared boundary line with Tract 21, Plat D-27, until reaching a corner and turning southward continuing on that heading to a point on the north no.w. of East Lucas Drive; hence easterlyalong thenorth r.o.w. ofEast Lucas Drive until reaching the southwestern corner ofPT5, Plat D-27 and then tumiug and going northward along the western boundary line of said PT5 until reaching a point on said boundarythat would coincide with a line connecting the northeast corner of Tract 34, Plat D-27 with the northwest comer of Tract 5A, Plat D-27 and then turning eastward and going along said line until reaching the northwest corner of said Tract 5A; hence continuing on an easterlyheading along the rear property lines of Tracts 5A, 67, 66, and 83 of Plat D-27 until reaching the northeast corner of said Tract 83, the same being on the western boundary of Tract 79 and 84 of Plat D-27; hence northward, then eastward, and southward around the boundary lines of said Tract 79 and 84 to a point on the common boundary line between said tract and Tract 28, Plat D-27 that would coincide with a line prof ected westward to such boundary from and onthe same heading as the rearproperty lines of Lots 1-12 of Burgin Acreage Addition; hence eastward along said projected line -and crossing Tracts 28, 69 out of28, and 68 out of28 ofPlat D-27 to the northwest comer ofLot 12, Burgin Acreage Addition and continuing along the rearproperty ® lines of said Lots 12-1 until reaching the northeast corner of Lot 1, Burgin Acreage Addition; hence northward from the northeast comer of said Lot 1 to apoint that would coincide with a lineproj ected westward from and on the same heading as the north property line of Lot 12, Block D, Southerland Addition and then going easterly along said projected line to the northwest corner of said Lot 12, Block D; hence southward along the west property line of said Lot 12 to the southwest comer of said lot, the same being on the north r.o.w. of Vaughn Street (undeveloped) andthen eastward along said northr.o.w. of Vaughn Street until reaching the southwest corner of Lot 12, Block E, Southerland Addition; _ hence southward to the northwest corner of Lot 7, B lock B, Southerland Addition and continuing on the sameheading following an unnamed streetr.o.w, the same beingthe westorfrontpropertyline ofLots 7- 10, Block B, Southerland Addition to a point at the southwest corner of said Lot 10; hence eastward along the south property line ofsaidLot 10, the samebeing the northpropertyline ofthe west and east % of Lot 11, Block B, Southerland Addition, until crossing. an alley and reaching the northwest corner of a parcel being the west %2 of Lot 2, Block B, Southerland Addition'1; hence southward along the west propertyline of said west % of Lot 2 to and along thewest %i of Lot 1, S outherland Addition to the north r.o.w. line ofEast Lucas Drive, the same being the southwest comer of said Lot 1; hence southwesterly across East Lucas Drive to a point on the south r.o.w. ofsaid street at the northeast corner of Lot 6, the same being the northwest corner of Lot 7, both being in Block 5, Country Club Terrace Addition; hence southeasterly along the rearproperty lines ofLots 6-1, Block 5, Country Club Terrace Addition until reaching the north r.o.w. of Rivercrest Street; Hence continuing on the same heading to the south r.o.w. ofRivercrest Street at the northwest comer of Lot 6, Block 4, CountryClub Terrace Addition, the same being the northern comer of therearproperty line of Lot 5, Block 4, Country Club Terrace Addition; hence continuing along the rearproperty lines ofLots 5-3, Block4, Country Club TerraceAdditionto the northwest corner of Lot 21, Block 4, Country Club Terrace Addition and then easterly along the rear property line of said Lot 21 to its northeastern corner and turning south following the west propertyline of said Lot 21 to the north r.o.w. of Fairway Street; hence southeasterlyto the south r.o.w. ofFairway Street at and then along the rear propertyline ofLots 5-1 ofBlock 3, Lots 6-1, Block 2, and Lots 2-1, Block 1, all in Country Club Terrace Addition to the southeast comer of saidLot 1, the same being a corner ofLot 3 and the southwest comer ofLot 4, both in Block 1, Country Club Terrace Addition; hence easterly along the rearproperty line ofLots 4-10, Block 1, CountryClub TerraceAddition andthe Lots 1-4 Eastwood Addition and that point on the rear lot line of Lot 5, Eastwood Addition theat coincides with the northeast comer of Tract 26D, Plat D-19, the same being on the rearproperty line of Lot 8, Block 2, Eastwood Addition; hence southward along the east property line of Tract 26D, Plat D-19 and continuing in the same direction along the east property lines of Tracts 26C, 26B,26F, allin Plat D-19, andthen to the southeast comer of Tract 26A of Plat D-19; hencewestward alongthe south propertyiineofsaidTract 26Atothe southwest comerofsaid lot, the same being the northwest comer of Tract 26E, Plat D-19 and then southward along the west property line of said Tract 26E to the north r.o_w. of La Salle Street; hence westward along the north r.o.w. of La Salle Street to reach the common point created at the southwest comer of Tract 25A and the southeast corner of Tract 25, both in Plat D-19; hence northward along the common propertyline between said Tracts 25 and 25A to the northeast corner of said Tract 25 and then turning and going westerly along the north property Iine of Tract 25A until reaching the northwest comer of said Tract 25A, the same being on the east property line of Tract 202 out of Tract 186, Plat D-19; hence northward along the east propertyline of said Tract 202 to its northeast comer and turning and going westward along the north or rear property line of said Tract 202 and continuing to and along the rear property line of Tract 186A, PlatD-19 to reach the northwest corner ofsaid. Tract 186A and turning and going southward along the westproperty line ofsaid Tract 186A until reaching the north and then south r.o.w. line of La Salle Street; hence eastward along the south r.o.w. line ofLa Salle Street to the northeast corner ofTract 13, Plat D-20, the same beingthe northwest comer of Tract 199, Plat D-20, and then twining and going southward along the west property line of said Tract 199 and continuing on the same heading along the west propertyline ofTracts 27,156, and 162 to reach the north r.o.w. line of Gill Street and then crossing said street to the south r.o.w. line of Gill Street; hence westward along the south no w. line of Gill Street to the east r.o.w. line ofMagnoliaAvenue and turning southward and going along said r.o.w. line ofMagnolia Avenue the north r.o.w. line of Hale Street and turning eastward and going approximately 140 feet along said north r.o.w. line of Hale Street to apoint; hence going southward to reach the south r.o.w. line of Hale Street at the northwest corner of Lot 12, North Park Addition, the same being on the east r.o.w. line of an alley separating Lots 11 and 12; hence southeasterly following the east r. o.w. line of said alleyto the southwest corner of Lot 24, North Park Addition and continuing along said course through Blocks 8, 9, and 14 ofForest Addition to the north r.o.w. line ofDelaware Street, said point being the southwest comer of Lot 16, Block 14, Forest Addition; ® hence continuing on the same heading to the southr.o.w. line ofDelaware Street and turn northeastward and go along saidr.o.w, line of Delaware Street to reach a comer at the westr.o.w. line of Grant Street, the same being the northeast comer o f Tract 1, Plat D-8, and turn southward and go along said west r.o.w. line of Grant Streetuntil reaching the southeast corner of said Tract 1, the same being thenortheast comer of Tract 27, Plat D-8; hence westerly along the commonboundarybetween said Tracts 1 and 27 until reaching the northwest comer of said Tract 27, the same being the northeast corner of Tract 15, Plat D-8; hence southward along the rear property lines of Tracts 15,20,16,14(north & south portions), 5 & 9.6' of 4, E40.4' of 4, 3, 2, 1, and 13, all in Plat D-8 to reach the rear property line of Tract 9, J. Drake Addition; hence westerly along said rear property line of Tract 9 to the northwest comer ofsaid. Tract and turn and go southward alongthe westproperty line ofsaid Tract 9 until reachingthe northr.o.w. of Weiss Street; hence continue on the same heading to the south r.o.w. of Weiss Street at the northwest corner of Lot 7, Block 68, North Addition, the same being on the rear property line of said Lot 7 and the east r.o.w. line of an alley going through said Block 68; hence continuing onthe sameheading along the eastr.o.w. line ofsaid alleythroughBlocks 68, 31, 26, 25, 20, 19, 15, 14, 9, 8.5, 5, and 4 of North Addition to reach the north r.o.w. line of 111-10; hence westward along said north r.o.w. line oflH-10 to the east r. o.w. line ofMagnoliaAvenue and then to the center ofthe intersection ofthe r.o.w. ofMagnolia Avenue, said point being thePoint ofBeginning (POB); Save and except that the following described area shall be excluded: From a Point ofBeginning (POB) on the north r.o.w. ofDelaware Street at the southeast corner ofLot 16, TreadwayButlerAddition„ the same being apoint onthe west r.o.w. of an alley separating Lots 1-8 from Lots 9-16 of said Addition, go northward along said alley's west r.o.w. line to the northeast comer ofLot 16, TreadwayButler Addition, the same being the southeast comer ofLot 15, TreadwayButlerAddition; hence continuing northward along said alley's west r.o.w. line and the east property line of Lot 15, TreadwayButlerAdditionto the southr.o.w. line ofPope Street go northwesterlyto thenorthr.o.w. line ofPope Street at the southeast comer ofLot 8, Block 10, Forrest Addition, saidpoint also lying on the west r.o.w. line ofthe alleyseparating Lots 1-7 inBiock 10, Forrest Addition from theremaining lots in Block 10; hence continuingnorth westward along the westr.o.w. line ofsaid alleyuntilreachingthe south r.o.w. of Prince Street and then crossing said street to apoint on the north r.o.w. line of Prince Street at the south ® east comer ofLot 22, Block 11, Forest Addition and then continuing northwest along the west r.o.w. line of said alley through said block 11 to the south r.o.w. line of Leight Street; hence northwesterly across Leight Street to the southwest corner of the South part of Lotl, Block 1, Swonger Addition, the same being on the northr.o.w. line of Leight Street and the southeast comer of a parcel being the West part of Lot 1, Block 1, Swonger Addition; hence continuing northwesterly along the rear and common property lines ofthose parcels being the east and westparts ofLots 1 and2 ofBlock 1, SwongerAddition until reaching the south property line ofthat parcelbeing the West One-Halfof -ot 3, Block 1, SwongerAddition, the same being the northwest comer of that parcel being the East part of Lot 2 in said block and addition, hence northeasterly along the common property line between said Lots being the West %2 of Lot 3 and the East part of Lot 2 until reaching the Southeast comer of said West V2 of Lot 3, the same being the Southwest dorner of that parcel being the East % of Lot 3, Block 1, Block 1, Swonger Addition; hence northwesterly along the rear and common property line of the Western and Eastern parts of Lots 3 - 11 of Block 1, Swonger Addition until reaching the south r.o.w. line of Hale Lane; hence northwesterly across Hale Street to the southwest corner of Tract 98 out of Tract 48, Plat D-17 and then northward and then westward following the rear and south side property line of said tract, until reaching the east property line of Tract 47, Plat D-17; hence northward along the rear property line of Tracts 47,64,89-92 and then Tract 67, all in Plat D-17, the same b eing on the rear property lines of said Tract 98 and Tract 48A; Plat D-17, until reaching the south r.o.w. of Walton Street; hence from the south r.o.w. of Walton Street at'its common point with the northwest comer ofLot 1 and the northeast corner of Lot 67, go northwesterly to apoint on the north r.o.w. of Walton Street at the southeastern corner ofLot 17, BlockA, Magnolia Addition, the samebeing on the west r.o.w. line ofan alley separating Lots 1-10 from Lots 11-17 in Block A, Magnolia Addition; hence northwesterly along the rear lot lines ofLots 17- 11 to apoint at the northeastern corner of said Lot 11, the same being on the west r.o.w. line of the alley in Block A; hence westerly along the northern property line of said Lot 11, Block A to the east r.o.w. line of Youngstown Avenue and then north along said r.o.w. to the south r.o.w. line of Gill Street, said point also being the northwest corner of Lot 10, Block A, Magnolia Addition; hence continuing on the same heading to the north r.o.w. of Gill Street and then turning and proceeding westerly along said r.o.w. to the southwest corner of Tract 24, Plat D-17, the same being the southeast corner of Tract 26, Plat D-17, said Tract 26 being the site of Simmons Cemetery; hence northwesterly along the common property line between said Tracts 24 and 26, to apoint at the nofthwest comer ofsaid Tract 24 and the southwest comer ofTract 23, Plat D-17 and continuingon the same heading alongthe rearprop erty line of said Tract 23 to the northwest comer o f said Tract 23 and then easterly along said tract's northern boundaryuntil reaching the southwest comer of Tract 22, Plat D-17; hence northwesterly along the rearproperty line of said Tract22, the same being the eastemboundaryof Mercy Cemetery, and continuing to the south property line of Lot 2, Block 118, Pinecrest Addition and then turning and going westerly along the south property line of said Lot 2 to the east r.o.w. of the alley separating said Lots 1 and 2 from Lot 12 of said block; hencenorthward along the east r.o.w. of said alleyto the southr.o.w. line ofBuchanan Street and crossing said street to reach the west r.ow. of said alley at the north r.o.w.1me of Buchanan Street and continuing northward along the west r.ow. of said alley through Blocks 118, 117, 85, 84, and 50 of Pinecrest Addition and B locks 1 and 2 ofHegele Addition to reach the southeast corner of Lot 10, Block 2, Hegele Addition, the same being the northeast comer of Lot 11 of said addition; hence southwesterly along the property kebetween said Uts 10 and 11 to the east r.o.w. line of Carnegie Avenue and continuing to the west r.o.w. line of CamegieAvenue at the southeast corner ofLot 8, Block 3, Hegele Addition, the same being the northeast comer of Lot 7, Block 3, Hegele Addition; hence continuing onthe same heading along the commonboundarylinebetween said Lots 7 and 8 to the rear property line of said lots, the same being on the east property line of Tract 63, Plat D -I8; hence southward along said eastemproperty line ofsaid Tract 63 to the southeastern comer of said Tract 63 and turning and going westward along the rear property line ofsaid Tract 63, the same being the rear property line ofTracts 59 and 67, Plat D-18, to reach the southwest comer ofsaid Tract 63 andturning and going northward along the shared boundary line between said Tract 63 and Tract 16, Plat D-18 to reach the northeast comer ofsaid. Tract 16, the same being a common corner with Tract 81, Plat D-19 and continuing northward following the shared boundary linebetween said Tracts 63 and 81 until reaching the northeast most comer ofsaid Tract 81 and then turning southeasterly to follow the commonproperty line shared by said Tracts 63 and 81 until reaching the southwest corner of Tract 55, Plat D-18; hence southwesterly along therear propertylineofTracts55 and 6 1, all ofPlatD-18, until reachingthe southwest corner of Tract 61, Plat D-19 and then turning northward along the common boundary line between said Tract 61 and Tract 5 8A, Plat D-18 until reaching the northeast corner ofsaid. Tract 58A and tanning and goingwestward along the commonboundary line between Tract 58, Plat D-18 and said Tract 58A until reaching the east property line of Lot 11, Block 16, Pinecrest Addition, the same being the southwest corner of said Tract 58 and the northwest comer of said Tract 58A; hence northward along the common boundary line between said Tract 58A and said Lot 11 until reaching the northeast corner ofsaid Lot 11, the same being on the southr.o.w. line of the alleybordering the north or rear property line of said Lot 11; hence westward along the south r.o.w. line ofsaid alleythrough Blocks 16,15, 14, and 13 ofPinecrest Addition and continuing on said heading andr.o.w. to the northwest comer of Lot 10, Block 12, saidpoint being on the western end of the rear property line of said Lot 10 and the east r.o.w. line of an alley extending along the west boundary line of said Lot 10 and beyond in a north - south direction; hence continuing westward to a point on the west r.o.w line of said north -south oriented alley, at the southeast corner of Lot 6 and the northeast comer of Lot 7, both in Block 12, Pinecrest Addition and turning and goinguorthward followingthewestr.o.w line ofsaid alleyto thenorthwest coiner ofsaidLot 6 and then turning and going westward along the commonboundary line between said Lot 6 and Lot 5 of the same block until reaching the east r.o.w. line of Steelton Avenue; hence continuing westward to the west r.o.w. line of Steelton Avenue at the commonjunc ionpoint of Lots 2 and 3, Block 11, Pinecrest Addition and continuing along the commonboundarylinebetween said Lots 2 and 3 and crossing an alleyto continue along the commonboundarylinebetween Lots 5 and 6 of said Block 11 to reach the east r.o.w. line of Ironton Avenue; hence northward along the east r.o.w. line of Ironton Avenue to the northwest comer of said Lot 5 and turning and goingwestwardtothewest r.o.w. line oflrontonAvenueatthe commonjunctionpoint ofLots 25 and 26, Block 200, Glenwood Addition and then continuing along the commonboundarylinebetween - said Lots 25 and 26 and continuing along the common boundaryline between Lots 1 and 2 of said Block 200 to reach the east r.o.w. line of Detroit Avenue; hence continuingwestward to the west r.o.w. line ofDetroit Avenue at the common junctionpoint ofthat parcel being the North 50' ofLot 26 Block 210, Glenwood Addition meets the northeast comer ofthat parcel being the South 10' ofLot 26, Block 210, Glenwood Addition and then continuing westward along the common boundary line between said two parcels until reaching the rear property fine of said parcels the same being on the rear property line of Lot 1, Block 210, Glenwood Addition; hence southward along the rear property line of saidparcel being the South 10 feet ofLot 26 to reach the southeast comer of said parcel, the same being the northwest comer of Lot 25 and the southeast corner of Lot 1, Block 210, Glenwood Addition; hence westward through Blocks 211, 212, 213, and half of 214 using a heading following the common boundary lines existing between Lots 1 and 2, Block210, Lots 54 and 53 and 1 and 2 in Block 211, Lots 54 and 53 and i and 2 in Block 212, Lots 54 and 53 and I and 2 in Block 213, and Lots 46 and 45 in Block 214, all in Glenwood Addition to reach the southwest corner of said Lot 46, the samebeing the southeast corner ofLot I and the northeast corner ofthatparcel being the North 10 feet of Lot 2, both in Block 214, Glenwood Addition; hence southward to the southeast comer of said parcel being the North 10 feet of Lot 2 and then turning and going westward along the south propertyline of said parcel being the North 10 feet of Lot 2 until reaching the east r.o.w. line of Lufkin Avenue; . hence continuing westward on the same heading until reaching apoint on the west r.o.w. line ofLufkin ® Avenue, the samebeing the east property line ofLot 9, Block 215, Glenwood Addition,- and then taming and going southward along said r.o.w. untilpassing the end of said east property line ofLot 9 and reaching the rear property line of Lot 8, Block 215, Glenwood Addition; hence southwesterly along the rearproperty lines ofsaid Lot 8 andLots 7-4 and thatparcel being the East 30 feet of Lot 3, allin Block 215, Glenwood Addition and the tarring and going northward along the west boundaryline of said parcel being the East 3 0 feet ofLot 3 to apoint 70 feet from the rear property line of said parcel; hence going westerly along the boundary line separating Lots 1, 2, and a westernportion of 3 in Block 215, Glenwood Addition into parcels referred to as North and South 70 foot portions of said lots and reaching the east r.o.w. line of Dallas Avenue; hence continuing across Dallas Avenue to a point on the west r.o.w. line of said street at the southeast comer of Lot 53, Block 216, Glenwood Addition and then going southwesterly along the common boundary line between said Lot 53 and Lot 52 of said block and addition until reaching the southwest comer of said Lot 53, the same being the southeast comer ofthat parcel being the South 10' of Lot 2 of Block 216, Glenwood Addition; hence going northwesterly along the common rearpropertyline of said Lot 53 and that parcel being the South 10' ofLot 2 until reaching the northeast comer ofsaidparcelbeingthe South 10' ofLot 2, the same being the southeast corner of that parcel being the North 40' of Lot 2, Block 216, Glenwood Addition; hence southwesterly along the common boundary line between said parcel being the North 40' ofLot 2 and said p arcel being the South 10' ofLot 2 until reaching the east r.o.w. line of EI Paso Avenue and then continuing the west r.o.w. line ofEl Paso Avenue at the southeast comer ofLot 51, Block 217, Glenwood Addition, the same being the northeast comer of Lot 50 of said block and addition; hence continuing on the same heading and completelythrough said Block 217 following the common boundary lines between Lots 51 and 50 and the 3 and 4 until reaching the east r.o.w. line of Harding Avenue; hence northward along the east r.o.w. line of Harding Avenue until reaching the northwest corner of Lot 2 ofBlock 217, Glenwood Addition, the same being the southwest corner of Lot 1 of said block and addition; hence southwesterly across Harding Avenue to the westr.o.w. line of Harding Avenue at the southeast comer of Lot 2, Block 218', Glenwood Addition, the same being the northeast corner of Lot 3 of said block and addition; hence southwesterly following the common boundary line between said Lots 2 and 3 until reaching the east r.o.w. ofthe SantaFe RR, the samebeing atthe rearproperty line of said Lots 2 and 3, and turning and going northward along said RR r.o.w. until reaching the south r.o.w. line of East Lucas Drive; hence westerly along the southr.o.w. line ofEast Lucas Drive to thewestr.o.w. ofthe SantaFeRR and ® turning and going southeasterly along said RR r.o.w. until reaching the northeast corner of a City of Beaumont parcel being a part of Tract 19 of plat D-14 and the location of a water tower; hence westerly along the northproperty line of said City parcel and then turning and going southward along the west boundary line of said Cityparcel until reaching the northproperty line of a drainage way bordering both the City parcel and the Acorn Grove Addition located adjacent to and south of said City parcel; hence westerlyalongthe northproperty line of said drainage wayuntilreaching the northeast comer ofLot 13, Block 1 of Clara Baldwin Addition, the samebeing on the rear or north property line of said Lot 13 and the northern boundary line of Clara Baldwin Addition, and then continuing westerly to reach the northwest corner of Clara Baldwin Addition and then turning southwesterly to go along the western boundaryof said Addition to reach the southwestern corner of Lot 25,B lock 1,Clara Baldwin Addition; hence southeasterly following the commonboundaryline between Lot 25 and 26 ofBlock 1, C1araBaldwin Addition to reach the west r.o.w. line ofBaldwin Drive and then continuing to the east r.o.w. line of BaldwinDrive at the southwest comerofLot 13, Block2, ClaraBaldwinAddition, the samebeingonthe property line separating said Lot 13 from Lot 14 of said block and addition; hence southeasterlyalong the common boundary between said Lots 13 and 14 to reach the rearproperty line of said lots, the same being a point on the rear property line of Lot 3 of said block and addition; hence southward along the rear property line of said Lot 14, the same being the rear property line of Lots 2 and 3 of said block and addition, until reaching the common point created by the j unction of Lots 14, 2, and 1 of Block 2,.ClaraBaldwin Addition and the turning southeasterly and following the common property line shared by said Lots 1 and 2 to reach the west r.o.w. of Russell Drive; hence crossingRussell Drive to reachthe eastr.o.w. ofRussell Drive at southwest corner of Lot 2, Block 1,Clara Baldwin Addition and then continuing southeasterly along the shared property line between said Lot 2 and Lot 1 of said block and addition to reach the rear property line of said lots, the same being on the west property line of Tract 23, Plat D-14; hence northeasterly along the rear property line of Lots 1-3 and a portionof Lot 4 ofBlock 1, Clara Baldwin Addition, the same following the west property line of Tract 23, Plat D-14, until reaching the northwest corner of said Tract 23; hence turning southeasterly and going along the rear property line of said Tract 23 to Tract 29, Plat D-14 and then following the northern side of said Tract 29 to the northeast comer of said Tract 29 at the northwest comer of Tract 199, Plat D-14 and then along the rear property line of said Tract199 and Tractsl98and 154, all in Plat D-14, to the northeast comer of said Tract 154; hence southward along the eastproperty line of said Tract 154, the same being a common border with Tract 179, Plat D-14, to the northwest comer of Tract 205, Plat D-14, and then southeasterly along the common boundary line between said Tracts 179 and 205 until reaching the west r.o.w. of Travis Drive, --� the same being the northeast comer of said Tract 205; hence southward along the west r.o.w. of Travis Drive to the southeast corner of said Tract 205, the same being the northeast comer of Tract 28, Plat D-14 and turning and going southeasterly to the east r.o.w. of Travis Drive at the northwest corner of Tract 27, Plat D-14; hence southeasterly along the rearprop erty line of said Tract 27 and then Tract 193, Plat D-14 to the west r.o.w. ofEmestine Drive and then turning and going southward along said r.o.w. to a point directly across Emestine Drive from the northwest comer of Lot 8, Block 1, Horn Addition, the same being the southwest corner of Lot 1 of said block and addition; hence turning and crossing Ernestine Drive to reach the eastr.o.w. of Ernestine Drive at said northeast comer of Lot 8 and then continuing southeasterly along the rear propertyline of Lots 8-5, Block 1, Ham Addition to a point at the northeast corner of said Lot 5, the same being the southeast corner ofLot 4, Block 1, Hom Addition and on the west property line of Lot 1, WoodLawn Addition; hence northward along the common boundary line between said Lots 5 and 1 to the northwest corner of said Lot 1, the same being on the rear property line of said Lot 1 at the southwest corner of Lot 11, Block 1, Woodlawn Addition; hence southeasterly along the rearproperty line of Lots 1 and 2, Woodlawn Addition and then Lots 3-5, Woodlawn Addition but excluding the southeast 140' x 120' portion of each, to reach the west r.o.w. line of Redwood Drive at the northeast corner of said Lot 5; hence easterly to the east r.o.w. line of Redwood Drive at the common point where Lots 1, 30, and 31, Block 2, Woodlawn meet and then southeasterly along the rear property line of Lots 1-15, Block 2, Woodlawn Addition to the west r.o.w. line of Woodlawn Street; hence -to the east r.o.w. line ofWoodlawn Street at the rear property line ofLot 1, Block4, Woodlawn Addition, the same being the the northwest corner of Lot 3 of the same block and addition and then southeasterly along the rear property line of said Lot 1 and the Lot 2, also in Block 4,Wo odlawn Addition to the north r.o.w. line of French Road; hence southward across French Road to the south r.o.w. line ofFrench Road at the common comerof Lot 4, Block 2, Minglewood Addition and Lot 5, Block 4, Woodlawn Addition and then along rear property line ofsaidLot 4 and Lot 3 of Block 2, MinglewoodAdditionto thenorthwest comer ofTract 237, Plat D-13, the same being the north easternmost corner of said Lot 3 and then to the northeast comer of said Tract 237; hence southward along the east property line of said Tract 23 7, the same being the west property line of Tract 247, Plat D-13, to the southwest corner of said Tract 247, the same being the northwest c6rner.of Tract 236, Plat D-13; ® herice easterly along the common property line between said Tracts 247 and 236 to the southeast comer of said Tract 247, the same being the northeast corner of said Tract 236 and on the west property line of Tract 243, all in Plat D-13; hence northward along the shared boundary line between said Tracts 243 and 247 to the west r.o.w. of the S arta Fe RR, the same b eing the northwest comer of said Tract 243, and then southeasterly along said RR r.o.w. until reaching the east r.o.w. of Concord Road; hence southward along said r.o.w. of Concord Road to the east r.o.w. of the Santa Fe RR and then to the west property line of Tract 10, Plat D-18 and then northward along saidwestproperty line of said Tract 10 to its junction with the southwest corner of Lot 6, Block 230, Glenwood Addition, the same being on the rear property line of said Lot 6 and the northwest corner of said Tract 10; hence easterly along said rear property line of Lot 6 and a portion of Lot 7, Block 230, Glenwood Addition, the same being the north or rear property line of said Tract 10, to the northeast comer of said Tract 10, the same being a shared point with said Lot 7; hence northeasterly along the shared property line of said Lot 7 and Lot 7A, Block 230, Glenwood Addition to the south side property line o fLot 8, Block 230, Glenwood Addition and then southeasterly along the sharedproperty line between said Lots 7A and 8 to the rearpropertyline ofLot22, Block 230, Glenwood Addition; hence southward along the rearproperty line of saidLot 22 to the southwest corner of said lot, the same being on the northproperty line of Tract 12, Plat D-18 and the turning and going eastward along the shared property line between said Lot 22 and Tract 12 to the west r.o.w. line of Detroit Avenue; hence southeasterly to the east r.o.w. line of Detroit Avenue at the common junction of Tract 41 and Tract 12 both in Flat D-6 and then southerly along the shared property line between said Tracts 41 and 12 and then the shared property line between said Tract 12 and Lot 5, Block 233, Glenwood Addition to reach the east r.o.w. line of Ironton Avenue; hence across Ironton Avenue to the common point created bythe junction of Tract 42, Plat D-6 and Lot 7, Block 234, Glenwood Addition at the east r. o.w. line oflrontonAvenue and continuing on the same heading along the commonboundarylinebetween said Tract 42 and Lot 7 to reach the rearproperty line of said parcels, the same being on the property line of Tract 45, Plat D-6; hence southwesterly along the rear property line of said Tract 42 for a distance of approximately27 feet to reach the 60' wide r.o.w. of anun-named street, the same being at the southwest corner of said Tract 45; hence eastward along the common boundarybetween said un named street r.o.w. and the southproperty line of said Tract 45 to apoint common to the northwest corner of Tract 37, Plat D-6 and continuing along the northpropertyline ofsaid Tract 37 until reaching the west r.o.w. line of Steelton Avenue, the same being the northeast comer of said Tract 37; hence south alongthe westr.o.w. Line of Steelton Avenue to apoint indirect aligumentwith the south r.o.w. of Primrose Street extended and then turning eastward and reaching the point where the east r.o.w. of Steelton Avenue and the south r.o.w. of Primrose Street meet, the same being the northwest corner of Lot32, Block 1, Primrose Plot Addition; hence south along the west propertyline ofsaidLot 32 to the southwest corner of said Lot 32 and then eastward along the rearproperty line ofLots 32 - 27, Block 1, Primrose Plot Addition, the samebeing common to Tracts 20, 38, and 40, Plat D-6 and that portion ofLot 26, Block 1, Primrose Plot Addition that is a common boundary with said Tract 40 and reaching the northeast comer of said Tract 40, the same being the northwest comer og Tract 5, Plat D-6; hence south along the common boundary line between said Tracts 5 and 40 and then southwesterly along the common boundary line between said Tract 40 and Tract 21, Plat D-6 to reach the rearproperty line of Tract 21A, Plat D-6; hence southeasterly along said rearproperty line of Tract 21 Ato the north r. o.w. of Pope Street and then to the south r.o.w. of Pope Street and then going east along said south r.o.w. to the west r.o.w. of Lampassas Street and then southward following the west r.o.w. line ofLampassas Street until reaching the north r.o.w. line of Tulane Street; hence southwesterlyto the south r.o.w. line of Tulane Street at the west property line of Tract 54, Plat D-5, the same being the rear property line of that parcel being the North %s of Tract 2A, Plat D-5 and then southward along the common boundary line between said Tract 54 and the rear property line ofthe two parcels being the north and south halves of Tract 2A until reaching the southeast comersaid South %sof Tract 2A; hence southwestward along the southeast property line of said parcel being the South !s ofTract 2A, the same being the northwest propertyline of Tract 62, Plat D-5, until reaching the point coinciding with the northwest corner of said Tract 62; hence southward along the common property line between Tract 59, Plat D-5 a-adthatofTracts 62 and 5 of Plat D-5 to reach the southwest coiner of said Tract Sand then going -northeasterly along the shared boundary between said Tracts 5 and 59 to the northeast corner of said Tract 5; hence southeasterly along the northeast property line of said Tract 59 and then Tract 7 out of Tract 6; Plat ' D-5 to the northwest property line of Tract 7A ?, PlatD-5 and then northeasterly following the common boundary line between said Tract 7A and Tract 56, PlatD-5 and continuing along the commonboundary line between said Tract 56 and Tracts 6D and ^E to reach the northeast of said Tract 6E and then southward along its easternproperty line until reaching the northwest corner ofthe adjacent Lot 2, Block 2, Cousins Second Addition, the same being the northwest corner ofLot 3; Block 2, Cousins Second Addition; ® hence easterly along the rear property line of Lots 3-9, Block 2, Cousins S econd Addition to the west r.o.w. line of Cleveland Avenue and then southward along Cleveland Avenue to that point directly across Cleveland Avenue from the northwest comer of Tract 6A, Plat D-5; hence eastward to the east r.o.w. line of Cleveland Avenue at the northwest corner of said Tract 6A and continuing along the northproperty line of said Tract 6A, the same being the south property line of Tract 6B, Plat D-5, to the northeast comer of said Tract 6A, which is also on the west property line of Lot 5, Block 2,Gold Hill Annex Addition; hence southward along the east property line of said Tract 6A to the southwest corner of said Lot 5, the samebeing on the north r.o.w. line of an alleyseparating Lots 1-5 of Block 2,Gold Hill Annex Addition from Lots 6-9 of said addition; hence eastward along said alley's north r. o.w. line until reaching the west r.o.w. line of Gordova Street and continuing to the east r.o.w. line ofGordova Street at the northwest comerof Lot 1, Block 1,GoldHill Annex Addition; hence eastward along the north property line of said Lot 1, the same being the south property line of Lot 2, Block l,Gold Hill Annex Addition, to the northeast corner of said Lot 1 at the rear property line of said Lotl and the rear property, line of the adjacent Lot 8 of Block 12, Gold Hill Addition; hence southward along the common rearproperty line of said Lots 1 and 8 until reaching the southwest comer of said Lot Sand turning and going eastward along the southproperty line of said Lot 8, the same being the north property line ofLot 9, Block 12,Gold Hill Addition until reaching the west r.o.w. line of Renaud Street; hence continuing eastward to the east r. o.w. line of Renaud Street, the same being on the west property line ofLot 12, Block 13, Gold Hdl Addifion and then goingnorthward along said eastr.o.w. line ofRenaud Street to the northwest comer ofsaid Lot 12, the same being on the south r.o.w. line of an alieyseparating Lots 12-22 in Block 13, Gold Hill Addition from Lots 1-11 Block 13, Gold Hill Addition; hence continuing northward to the north r.o.w. line of said alley at the southwest corner of said Lot 11 and taming and going eastward along said alleyr.o.w. through allof said Block 13 to thewestro.w. line of St. Helena Street; hence continuing to the east ro.w. line of St. Helena Street at the commonpointbeing at the southwest comer of Lot 1 and the northwest comer of Lot 11 both in Block O, Gold Hill Addition and then eastward along the rear property line of Lot 1-3 and 11-13, of said Block O to southeast corner of said Lot 3 and the northeast comer of said Lot 13, the same being at the centerline of the r.o.w. of an alley separating Lot 4-10, Block A, Gold Hill Addition from Lots 14-20, Block A, Gold Hill Addition; hence northward along the eastprop erty line of said Lot 3 and the alleyr.o.w. line to the point at southwest comer of said Lot 4 and the north ro. o.w. line of said alley and turning and going eastward along the north ro.w. line ofsaid alleyuntilreachingthe westr.o.w. line ofAverill Street at the southeast comer ofLot 10 of said Block and Addition; hence continuingto the east r.o.w. line ofAverill Street at the southwest corner ofLot 1, Block 1,GoldHill Addition and continuing along the north ro.w. line of said alley through Blocks 1 and 2, Gold Hill Addition to the southeast corner ofLot 6, Block 2 of said Addition, the same being on the west r.o.w. line of Gulf Street; hence northeasterly to the east r.o.w. line of Gulf Street at the southwest corner ofLot 7, Block 1, Marcus Second Addition, the same being on the north r.o.w. line of an alley separating Lots 4-7 in said Block 1 from Lots 8-12 of said block and addition; hence eastward along the north r.o.w. line of said alley to the southeast corner of said Lot 4 and then turning southward following the alleys now eastern ro.o.w. line to a point at the southwest comer of Lot 3, Block 1, Marcus Second Addition and the northwest corner of Lot 13 in said block and addition; hence northeasterly along the common boundary line between said Lots 4 and 13 to the rearproperty line.. ofLot 18, Block 1, TreadwayAddition and then southward along the rearproperty line of said Lot 18 to the southwest corner of said Lot 18, the same being the northwest corner of Lot 17 in said block and addition; hence eastward along the common boundary line between said Lots 17 and 18 to the west r.o.w. line of Tracy Lane and continuing to the east r.o.w. line of Tracy Lane at the common corner between Lots 15 and 16 of Block 1, Treadway Addition; hence continuing along the commonboundarybetweensaidLots 15 and 16 to the northeast comer ofLot 16, the same being on the rearproperty line of said lot and then turning southward along the rearproperty line of said Lot 16 to reach the north r.o.w. line of Delaware Street and the Point of Beginning (POB). RICH WITH OPPORTUNITY BEAUMON* T 4 8- S• A o S City of Beaumont Neighborhood Empowerment Zone Incentive Policy ]Program Goals: It is the City of Beaumont's goal to promote development within its Neighborhood Empowerment Zones in an effort to improve the local economy and enhance the quality of life for its citizens. Insofar as these goals are served by enhancing the value of the local tax base and increasing economic opportunities, the City of Beaumont will give consideration to providing the following incentives for development within Neighborhood Empowerment Zones. Definitions: A Abatement: full or partial exemption for ad valorem taxes of eligible properties in a reinvestment zone designated as such for economic development purposes. B. Agreement: a contractual agreement between a property owner and a taxing jurisdiction for the purpose of a tax abatement. C. Base Year Value: the assessed value of either the applicant's real property and improvements located in a designated reinvestment zone on January 1 of the year prior to the execution of the agreement plus the agreed upon value of any property improvements made after. January 1 of that year but before the execution of the agreement, and/or the assessed value of any tangible personal property located on the owner's real property on January i of the year prior to the abatement period covered by the agreement. D. Facility: property improvements completed or in the process of construction which together comprise an integral whole. E. Real Property: area of land defined by legal description as being owned by the person applying for a tax abatement, including any improvements thereto, which is to be improved and valued for property tax purposes, and which is to be included in the Neighborhood Empowerment Zone. F. Neighborhood Empowerment Zone: is an area designated as such for the purpose of providing economic incentives, including a tax abatement, as authorized by the City of Beaumont in accordance with Texas Local Government Code Annotated Section 378 as amended. EXHIBIT "Cl), Program Policy: It is the policy of the City of Beaumont that consideration will be provided in accordance with the guidelines, criteria and procedures outlined in this document. This policy applies to the owners of real property. Project consideration will include the potential impact of the reinvestment project on the immediate and surrounding area. A. Authorized Facility: Neighborhood Empowerment Zone Incentives may be granted within a Neighborhood Empowerment Zone for new construction or renovation of single- family uses for investments of $50,000 or greater and may be granted for all other uses for investment of $75,000 or greater. B. Eligible Property : Neighborhood Empowerment Zone Incentives may be granted for new construction or renovation of owner -occupied single-family homes, office, retail, restaurant and multi -family residential facilities within a Neighborhood Empowerment Zone, designated by -the City Council of the City of Beaumont, Texas. C. No incentives shall be granted for development resulting from the relocation of an eligible facility from one area of the city to within the Neighborhood Empowerment Zone. Procedural Guidelines: Any person, partnership, organization, corporation or other entity desiring that the City of Beaumont consider providing Neighborhood Empowerment Zone incentives shall be required to comply with the following procedural guidelines. No representations made herein considered binding unless and until approved by the City of Beaumont City Council. Preliminary Application: Applicants shall submit a completed "Application for Neighborhood Empowerment Zone Development Incentives" form for consideration of incentives to the Community Development Department of the City of Beaumont, 801 Main Street, Beaumont, Texas 77701. Consideration of the Application: A. The City Manager will consider requests for incentives in accordance with these policies, pursuant to Chapter 378 of the Texas Local Government Code. Additional information may be requested as needed. B. The City Council may enter into an agreement that outlines the terms and conditions between the City and the applicant, and governs the provision of the incentives. OJ Inspection of the Project: During the term of such agreement, the City of Beaumont will have the right to inspect the project facility during regular business hours to ensure compliance with the agreement and accuracy of the owner certification. I Recapture: If a project is not completed as specified, or if the terms of the incentive agreement are not met, the City has the right to cancel or amend the incentive agreement and all previously waived fees and abated taxes shall become due to the City and liens may be reattached Effect of Sale, assignment or lease of property: No incentive rights may be sold or assigned without the approval of the City Council. Any sale, assignment or lease of the property may result in -execution of the recapture provision, as outlined above. Types of Incentives Available: Building Fee Waivers The Building Construction Fee Waiver Program affords property owners an exemption from planning and building fees associated with new construction or renovation and occupancy of eligible facilities within the target area. Expedited Permit Reviews: In order to facilitate redevelopment within the Neighborhood Empowerment Zones, the Community Development Department is committed to assisting applicants through the planning and permit review process as quickly as possible_ Lien Waivers In order to render properties with Neighborhood Empowerment Zones more marketable, the Lien Waiver Program affords property owners a release of liens attached to properties as the result of demolitions or expenditures associated with cutting high grass. Release of such liens would only be allowed in conjunction with new construction or renovation of eligible facilities within the target area. 3 Construction Tax Abatement The Construction Tax Abatement Program is an,economic development tool designed to provide incentives for the new construction or renovation of single-family homes, office, retail, restaurant and multi -family residential facilities within a Neighborhood Empowerment Zone. The Construction Tax Abatement Program is intended to contribute to area development by attracting additional capital and human investment to the area as well as additional residents to support economic development activities within the area. Value of Abatements: authorized facilities may be granted a municipal tax abatement on all or a portion of the increased taxable value of eligible property over the base year value for a period not to exceed three (3) years. Tax Abatement Program Guidelines: The eligibility requirements are as follows: Investment Municipal Tax Abatement x$50,000 & up for residential uses and $75,000 & up for all other uses $50,000 & up for residential uses and $75,000 & up for allother uses fus $50,000 & up for residential uses and $75,000 & up for all other Abatement Program Considerations: 100% 100% 100% iSchedule 1s` Year f l 2nd Year 3d Year A. The final valuation determined by the Jefferson County Appraisal District will be used to determine the actual yearly tax abatement exemption. B. The tax abatement shall be granted only to the owner of the property. C. No tax abatement exemption shall be effective until the applicant has met all of the eligibility, requirements contained in the guidelines and policies, state law, and City of Beaumont codes. D. There shall be no retroactive tax abatement exemptions — all tax abatement exemptions become effective only on or after the date the City Council approves the tax abatement agreement. M E. The applicant shall agree to hold the City of Beaumont, its agents, employees and public officials harmless and pay all attorneys' fees that are generated by any dispute regarding the tax abatement agreement. F. Personal and or real property identified before the period covered by the abatement agreement will not be eligible for abatement. 5 RICA WITH OPPORTUWIT7 BEAUMON* T • a • X • A • s CITY OF BEAUMONT APPLICATION FOR NEIGHBORHOOD EMPOWERMENT ZONE DEVELOPMENT INCENTIVES The purpose of this application is to present to the City of Beaumont a reasonably comprehensive outline of the project for which the incentives are requested Please review the Neighborhood Empowerment Zone guidelines carefully before completing this application. If additional space is needed, separate sheets may be attached. Types of incentives that you are seeldng: ❑ Building Fee Waivers ❑ ]Expedited Permit Review ❑ Lien Waivers ❑ Tac Abatement DESCRIPTION OF PROJECT 1. Legal name and address of applicant: 2. Type of organization (Corporation, Ltd. Partnership, etc.): 3. Date organization formed: 4. Address and telephone number of headquarters location: 5. State(s) in which business is registered: 6. Other locations of this business (names of cities): 7. Is business current with all taxes? 8. Name, address, and telephone number of principal officers: 9. Name, address & phone number of designated contact person: 10. Type of business to be conducted and goods or services to be produced or provided: 11. Location of project (street address): 12. Legal (lot, block & subdivision) description of the project (Attach plat of property): 13. Identify and describe the kind, number and location of all improvements to the physical property and discuss the development schedule of the proposed improvements. 14. What infrastructure construction will be required to serve the proposed project? What is the estimated cost of this construction? 15. Estimated construction commencement date: 16. Estimated construction completion date: 17. Estimated date for project to be operational: 18. City liens requested to be released: ENTLOY IENT ITO PACT (for Non-residential Projects) 19. What is the estimated number of permanent full-time new jobs that will be created? 20. What percentage of employees do you anticipate will be residents living in: (a) the Neighborhood Empowerment Zone (b) City of Beaumont (c) Jefferson County (d) Outside Jefferson County 21. How many new, temporary and part-time jobs will be created in Beaumont? 22. What types of jobs will be created? 23. What will be the total project annual payroll of the newly created jobs? 24. Will specialized training be required? If so, what type? FISCAL IMPACT 25. Is there an anticipated cost to the City of Beaumont for providing municipal services to the proposed project? COAVOMNITY ITWPACT 28. Do you anticipate the proposed project having a substantial impact on the local residential, commercial or retail market? 29. Will rezoning and platting/replatting be required? 2 It is understood that the information provided herein is based on estimates and projections, but that such estimates and projections have been fully investigated and are made in good faith as to their accuracy. It is further understood that any information provided herein that is actual and not estimated is represented to be true and correct. Any information herein, which is misrepresented as true and correct or for which there is no good faith basis, may result in the denial of consideration for or termination of incentive agreement. Signature Date 3 If you have any questions about this application please call the Community Development Department at (409) 880-3762. CITY OF BEAUMONT STAFF RECOMMENDATIONS) AND/OR COMMENT(S): (To be completed by City of Beaumont Staff Only) 2. Recommendation: Approve Disapprove Comments: El ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING ORDINANCE NO. 08-048 TO REVISE THE BOUNDARIES .OF NEIGHBORHOOD EMPOWERMENT ZONE #4 TO INCLUDE PROPERTY AT 2020 COTTONWOOD. WHEREAS, by Ordinance No. 08-048 passed on June 17, 2008, the City Council of the City of Beaumont designated Neighborhood Empowerment Zones #3 and #4; and, WHEREAS, it is the desire of the City Council to amend the boundaries of Neighborhood Empowerment Zone #4 to include property located at 2020 Cottonwood, currently occupied by the Beaumont Housing Authority's Concord Homes development, as described in Exhibit "A" and shown on Exhibit "B" attached hereto; 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, i THAT Ordinance 08-048 be and the same_ is hereby amended to revise the boundaries of Neighborhood Empowerment Zone #4 to include property located at 2020 Cottonwood, currently occupied by the Beaumont Housing Authority's Concord Homes development as described in Exhibit "A" and shown on Exhibit "B" attached hereto. 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 12th day of December, 2017. - Mayor Becky Ames - Legal Description of 2017 Addition to Neighborhood Empowerment Zone Four From a Point of Beginning (POB) at the north r.o.w. line of Plum Street at the southwest corner of Tract 36, Plat A-14, J Drake Addition and then going westward along the north r.o.w. line of Plum Street to the east boundary of the r.o.w. of the BNSF railroad; Hence southeastward to the north r.o.w. line of Cottonwood Street and then going northeastward along the north r.o.w line of Cottonwood Street to the east r.o.w. line of St. Helena Street; Hence"northward to the north r.o.w. line of Plum Street and the Point of Beginning (POB). EXHIBIT "A" Proposed Addition to N EZ#4 WORK SESSION * Review and discuss the Old Dowlen Project