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PACKET APR 24 2018
Approval of minutes — April 10, 2018 Confirmation of board and commission member appointments A) Authorize the City Manager to notify the Lower Neches Valley Authority (LNVA) of the City's desire to extend a five year term agreement to secure an uninterrupted surface water supply for the City of Beaumont B) Authorize the settlement of the claim of Kenneth Thornell, Jr. C) Authorize the acquisition of a fifteen foot wide Exclusive Water Line Easement located 2295 Live Oak Street D) Approve a contract with Moncla's Inc. for the 2018 Summer Food Service Program E) Approve the purchase of Self Contained Breathing Apparatus for use by the Fire Department U*1 TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Dr. Joseph Majdalani, P.E., Public Works Director -: MEETING DATE: April 24, 2018 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to notify the Lower Neches Valley Authority (LNVA) of the City's desire to extend a five (5) year term agreement to secure an uninterrupted surface water supply for the City of Beaumont. BACKGROUND The City of Beaumont has 50 million gallons per day of run of river surface water rights from the Neches River. During periods of drought and/or low rainfall, run of river may not have the volumes required to meet the City's potable water demand. Therefore, releasing stored water owned by the LNVA from Sam Rayburn Reservoir and/or B.A. Steinhagen Lake is necessary to provide uninterrupted potable water to the citizens. On February 5, 2013, by Res. No. 13-032, City Council authorized the City Manager to execute a five (5) year Water Supply Agreement and Mutual Release with LNVA to secure an uninterrupted surface water supply which has expired. Per the terms of the agreement, the City shall deliver written notice of intent to extend the term for an additional five (5) years. FUNDING SOURCE Water Utilities Fund. RECOMMENDATION Approval of resolution. RESOLUTION NO. 13-032 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to execute a five-year Water Supply Agreement and Mutual Release with Lower Neches Valley Authority to secure an uninterrupted surface water supply for the City of Beaumont. The agreement is substantially in the form attached hereto as Exhibit "A" and made a part hereof for all purposes. 2013. PASSED by the City Council of the City of Beaumont this the 5th day February, ?F mr, becky Arw6s - WATER SUPPLY AGREEMENT AND MUTUAL RELEASE BETWEEN CITY OF BEAUMONT LOWER NECHES VALLEY AUTHORITY THE STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS: COUNTY OF JEFFERSON § THIS WATER SUPPLY AGREEMENT AND MUTUAL RELEASE (the "Agreement") is entered into between the City of Beaumont, Texas, a Texas home -rule city operating pursuant to its charter and the provisions of the Texas Constitution and Laws of the State of Texas (the "City'), and the Lower Neches Valley Authority, a political subdivision and agency of the State of Texas and a conservation and reclamation district created and governed by the provisions of Article 16, Section 59 of the Texas Constitution ("LNVA"). In this Agreement, the City and LNVA are sometimes individually referred to as "Party" and collectively referred to as the "Parties." WHEREAS, the LNVA has certain senior run of the river rights in the Neches River from 1913 of 326,360 acre feet; and WHEREAS, LNVA has the right to divert and use stored water from Sam Rayburn Reservoir ("Sam Rayburn") and B.A. Steinhagen Lake ("Steinbagen") pursuant to its Certificate of Adjudication No. 06-4411, as amended, and a 1956 contract with the United States Army Corps of Engineers; and WHEREAS, LNVA is authorized to make waters in Sam Rayburn and Steinhagen available for beneficial use for municipal, industrial, agricultural, and mining use; and WHEREAS, the City is the holder of Certificate of Adjudication No. 06-4415, as amended, which authorizes it to divert and use 56,468 acre-feet of water per annum from the Neches River; and WHEREAS, the City is in need of additional water supplies to supplement its run -of - river diversion authorization from the Neches River; and WHEREAS, the City and LNVA desire to enter into an agreement whereby LNVA makes available up to 6,000 acre-feet of uninterruptible water supplies per year for the City pursuant to the terms and conditions provided herein. NOW, THEREFORE, in consideration of the foregoing premises and the mutual promises and agreements of the Parties contained in this Agreement, the Parties agree as follows: January 23, 2013 Draft water Supply Agreement between City of Beaumont and Lower Neches Valley Authority 1 I. 1.01 "Agreement" means this agreement regarding water supply between LNVA and the City. 1.02 "Annual Reserved Quantity" means the total volume, expressed in acre-feet per Calendar Year, which LNVA agrees to make available and the City agrees to reserve. For this Agreement, the amount is 6,000 acre-feet per annum. 1.03 "Calendar Year" means that period beginning on January 1 and ending December 31 of any year. 1.04 "City" means the City of Beaumont. 1.05 "Delivery Point" means the point at which the City accepts delivery of water from the LNVA in the Neches River at its existing or future pumping facilities. 1.06 "Diversion Request' means the quantity of water reported to LNVA as a request from the City to be available in the Neches River for the City's use. This request must be delivered to LNVA four (4) days prior to the City's anticipated withdrawal from the Neches River near Beaumont, Texas, regardless of the anticipated source of the surface water. 1.07 "Effective Date" means December 31, 2012. 1.08 "LAVA" means the Lower Neches Valley Authority. 1.09 "LNYA Municipal Rate" means the published Municipal Rate approved by the LNVA Board of Directors and in effect on the Effective Date of this Agreement, or on the 5 year anniversary date of this Agreement or any extension. 1.10 "Meter" means the meter installed and maintained by the City at its pumping facilities pursuant to the terms of this Agreement. 1.11 "Payment Date" means January 30a' of each Calendar Year, that date on or before which the City shall remit the Reservation Fee. 1.12 "Release Fee" means the fee paid by the City for the Water LNVA actually released from storage for City's use pursuant to a request made by the City and any additional quantity of water withdrawn by the City from the Neches River which, as determined by accounting would not have been available as run -of -river but for the releases of water from Steinhagen and/or Rayburn storage. 1.13 "Release Point" means that point at which LNVA releases water to the Neches River immediately below the outfall of Steinhagen. 1.14 "Release Unit Price" means one quarter (1/a) of the LNVA Municipal Rate. January 23, 2013 Draft water supply Agreement between City of Beaumont and Lower Neches Valley Authority 2 1.15 "Reservation Fee" means that amount paid by the City to reserve an uninterruptible supply of water from storage in the amount of the Annual Reserved Quantity from LNVA. 1.16 "Reservation Unit Price" means one quarter (1/4) of the LNVA Municipal Rate. 1.17 "TCEQ" means the Texas Commission on Environmental Quality and any successor agency. 1.18 "Uncontracted Water Rate" means the published Spot Purchase Rate approved by the LNVA Board of Directors and in effect at the time LNVA releases water for the benefit of the City in excess of the Annual Reserved Quantity. 1.19 "Uncontracted Water Fee" means the amount to be paid by the City for water released from storage for the City in excess of the Annual Reserved Quantity in any given calendar year. 1.20 "Water" means that raw water reserved by the City as part of the Annual Reserved Quantity made available by LNVA pursuant to this Agreement. II. WATER SUPPLY 2.01 Uninterruptible Water Supply and Title Thereto. The Parties hereby agree that from and after the Effective Date hereof, LNVA shall make the Annual Reserved Quantity available to the City for diversion and use. LNVA warrants that it can provide the Annual Reserved Quantity on a firm, uninterruptible basis throughout the term of this Agreement. LNVA agrees that the City may take Water at any time after the Effective Date of the Agreement, in accordance with the terms and conditions of the Agreement. Title to the Water actually released by LNVA pursuant to this Agreement shall pass to the City upon the LNVA's delivery at the Delivery Point. The Parties agree that there shall be no conveyance losses associated with the delivery of Water from the Release Point to the Delivery Point. City acknowledges that it will accrue no equity or any other interest in the LNVA water rights or any other assets of LNVA as a result of payment or other performance of City under this Agreement. 2.02 Water Release, Diversion, and Use. (a) Release. At any time, the City may exercise its right to take Water up to the Annual Reserved Quantity by delivering written notice thereof to LNVA of the City's anticipated demand not less than four (4) days prior to the City's diversion of that Water from the Neches River at the Delivery Point. The City's anticipated Diversion Request shall be reported to LNVA as a diversion rate in terms of cubic feet per second (CFS) or in terms of million gallons per day (MGD). Pursuant to the "Plan of Operation" attached hereto as "Exhibit A", the City will communicate with LNVA its Diversion Request for every day of the year, regardless of whether or not the City believes its diversion will be met by its own water rights or supplemented by Water from the LNVA. The Water supplied hereunder shall be made available to the City by LNVA releasing water at the Release Point. The anticipated Diversion Request shall be delivered to LNVA by the City's Water Utilities Director or his designee and shall specify the rate and quantity at which the City anticipates diverting water from the Neches River. January 23, 2013 Drab water Supply Agreement between City of Beaumont and Lower Neches Valley Authority 3 LNVA will have the sole responsibility of determining the appropriate release request to the United States Army Corps of Engineers and ensure a sufficient supply of water is available in the Neches River to meet the needs of both the LNVA and the City. Except during those events qualifying as a force majeure event under Section 4.18, LNVA shall make the delivery by allowing the Water to be released out of Steinhagen by use of the gated facilities located in or near the dam of Steinhagen. LNVA shall begin to release the amount of Water requested within forty-eight (48) hours of the City's request. Within twenty-four (24) hours of making the requested release, LNVA shall provide written confirmation that the requested quantity of Water has been released. LNVA shall have the sole responsibility for delivery of such Water to the Delivery Point. The City shall be responsible for obtaining any federal, state, county or local approvals required for acceptance, transport, diversion and use of the Water. The City shall be responsible for filing a copy of this Agreement with TCEQ as required by the agency's regulations. Notices provided under this Section shall not be required to be delivered to the "with copy to" parties identified in Section 4.16. (b) Diversion and Use. The City may divert Water up to the Annual Reserved Quantity at its pumping facilities on the Neches River, as the point of such facilities is reflected on the map attached hereto as "Exhibit B". Notwithstanding the foregoing, the City shall be authorized to divert Water pursuant to this Agreement at any additional pumping facilities authorized by TCEQ for use by the City now or in the future. The City shall divert Water at a rate of no more than 156 cfs. The City shall use Water diverted pursuant to this Agreement for municipal, purposes only, except for that portion of Water it may sell to its existing raw water customer as of the date of this Agreement, the Beaumont Country Club. City is prohibited from selling Water delivered pursuant to this Agreement, except to the Beaumont Country Club, an existing customer to whom the City sells raw water at the time of the Effective Date of this Agreement; however, City may sell potable water within the City's extra territorial jurisdiction, municipal boundaries or Certificate of Convenience and Necessity area, as these areas may change from time to time, or to wholesale potable water customers. This Agreement in no way limits the City's right to sell its treated effluent for any lawful purpose. 2.03 Metering. The City shall install, operate, and maintain at the City's expense such flow meters and recording devices to permit, within two percent (2%) accuracy, determination of quantities of water diverted by the City at its point(s) of diversion from the Neches River, in units of not more than 1,000 gallons. The City shall own the Meter and shall be responsible for operation, maintenance and replacement thereof. The Meter shall be calibrated annually, but may be tested at any reasonable time by either Party to this Agreement, provided that the Party making the test shall notify the other Party at least three (3) business days in advance and allow the other Party to witness the test. In the event that any question arises at any time as to the accuracy of the Meter, such Meter shall be tested by the City promptly upon the demand of LNVA, the expense of such test to be borne by LNVA if the Meter is found to be within 2% accuracy and by the City if it is found not to be within 2% accuracy. If, as a result of any test, any meter is found to be registering inaccurately (i.e., not within 2% accurate), the readings of such meter shall be corrected at a rate of its inaccuracy for any period which is definitely known or agreed upon or, if no such period is known or agreed upon, the shorter of the following periods shall be used as the basis for correction: January 23, 2013 Draft Water Supply Agreement between City of Beaumont and Lower Neches Valley Authority 4 a) a period extending back either thirty (30) days from the date of demand for the test or, if no demand for the test was made, thirty (30) days extending back from the date of the test; or b) a period extending back one-half of the time elapsed since the last previous test; and the records of the readings and all payments which have been made on the basis of such readings, shall be adjusted accordingly. 2.04 Accounting. LNVA agrees to pass all water through Sam Rayburn and/or Steinhagen to which the City is entitled pursuant to the City's priority under its water right authorizations, including Certificate of Adjudication No. 06-4415, for diversion and use by the City. In order to account for that water passed through the reservoirs, available from inflows downstream of Steinhagen, and released from storage to satisfy the City's downstream demands, Parties shall maintain a detailed account of that water which it passes pursuant to the City's own water right authorizations, including Certificate of Adjudication No. 06-4415, and that Water released pursuant to this Agreement which shall count against the Annual Reserved Quantity using an accounting plan. Parties agree that LNVA shall employ the accounting plan approved by the TCEQ for such purposes, which is attached hereto as "Exhibit C". LNVA agrees to make the accounting of the water pursuant to the approved plan available for inspection by the City during normal business hours, and shall on a monthly basis provide the latest version of the accounting plan to the City at the address designated in this Agreement. The accounting plan attached as Exhibit C may be revised only by mutual written agreement of the City and LNVA. 2.05 Water Conservation and Drought Contingency Planning. The City agrees to use reasonable diligence to avoid waste and achieve water conservation of the Water and agrees to abide by the financial obligations imposed under Section 9 (a) — (d) of LNVA's Drought Contingency Plan, which, incorporates provisions of Texas Water Code § 11.039 governing the distribution of water during the shortage, as adopted by the LNVA Board and approved by the TCEQ. The City agrees to at all times implement and enforce the provisions of its own water conservation and drought contingency plans, as formally adopted by the City Council and approved by the TCEQ. 2.06 Water Quality. The City and LNVA agree that LNVA makes no representations or warranties, express or implied, as to the suitability, quality, or usefulness for any purpose of Water supplied pursuant to this Agreement and that Water is provided by LNVA to the City "as - is" at the Delivery Point. III. PAYMENT 3.01 Reservation Fee. In consideration of the agreement of LNVA to provide the Annual Reserved Quantity each Calendar Year from and after the Effective Date pursuant to the terms of this Agreement, the City agrees that it shall pay annually to LNVA the Reservation Fee. January 23, 2013 Draft Water supply Agreement between City of Beaumont and Lower Neches Valley Authority 5 The Reservation Fee paid by the City to reserve the Annual Reserved Quantity to be made available by LNVA pursuant to this Agreement shall consist of annual payments calculated by multiplying the Annual Reserved Quantity times the Reservation Unit Price, to reserve the Annual Reserved Quantity for the City's use. 3.02 Release Fee. Should LNVA actually release Water pursuant to a Diversion Request made by the City under this Agreement, the City agrees to remit to LNVA the Release Fee, calculated by multiplying the Release Unit Price by the quantity of Water actually released by LNVA at the Release Point as necessary to satisfy the Diversion Request made by the City pursuant to this Agreement. 3.03 Uncontracted Water Fee. Should LNVA actually release water pursuant to a Diversion Request made by the City under this Agreement in excess of the Annual Reserved Quantity, the City agrees to remit to LNVA the Uncontracted Water Fee, calculated by multiplying the Uncontracted Water Rate by the quantity of water actually released by LNVA at the Release Point in excess of the Annual Reserved Quantity. 3.04 Payment of Fees. (a) Reservation Fee. The City agrees to remit to LNVA the full sum of the Reservation Fee on or before the Payment Date each year, in consideration of LNVA's warranty that it will reserve and make available on a firm, uninterruptible basis, the Annual Reserved Quantity for diversion and use by the City in that Calendar Year. Should LNVA fail to receive the full Reservation Fee by the Payment Date, such failure shall be considered a breach of contract by the City, but upon written notice by LNVA to the City, the City will be entitled to cure such breach within thirty (30) days of its receipt of such written notice by payment of such Reservation Fee. (b) Release Fee and Uncontracted Water Fee. On or before the forty fifth (45h) calendar day following the end of the first month after the Effective Date during which LNVA releases water for use by the City pursuant to its Diversion Request, and each month thereafter during which LNVA releases water pursuant to the City's Diversion Request, LNVA shall deliver to the City an invoice reflecting the amount of Water actually released and delivered for use by the City pursuant to this Agreement, and the amount of the Release Fee and Uncontracted Water Fee (if any) accrued therefrom. The Uncontracted Water Fee (if any) shall be based on that water released from storage by LNVA pursuant to a Diversion Request made by the City and as determined by the accounting plan attached as Exhibit C. No Release Fee or Uncontracted Water Fee will be assessed for flows to which the City is entitled under its own water right authorizations that are passed through Sam Rayburn and Steinhagen or that originate below Steinhagen. On or before thirty (30) calendar days from receiving such invoice, the, City shall pay the Release Fee and Uncontracted Water Fee (if any) identified in the applicable invoice, in full, to LNVA at the address set forth in this Agreement, subject to the City's right to challenge January 23, 2013 Draft Water Supply Agreement between City of Beaumont and Lower Neches Valley Authority 6 zz147tio , the amount of the respective Release Fee and Uncontracted Water Fee (if any) in accordance with Section 3.05. 3.05 Dispute as to Fees. If the City at any time disputes the Release Fee or Uncontracted Water Fee (if any) included in an invoice provided to LNVA, the City shall notify LNVA in writing, on or before the date that payment to LNVA is due, of the amounts disputed in good faith by the City and the basis therefor. In the event LNVA agrees with any timely notice of dispute by the City, it shall notify the City and reflect the appropriate adjustments on the next month's invoice delivered to the City. If LNVA fails to respond to the City within thirty (30) days after receipt of a timely notice of a disputed Fee, then the disputed amounts in the notice shall be deemed to be resolved in the City's favor. Otherwise, LNVA shall give written notice to the City of its disagreement with the City regarding the disputed amount, stating the reasons therefor, within thirty (30) days after receipt of notification of the disputed amount from the City. If it is subsequently determined by agreement or court decision that the disputed amount should have been more or less, LNVA shall promptly revise the subsequent invoice amount in a manner that will allow the City to either recover or remit the amount overpaid or underpaid. 3.06 Price and Quantity Adjustment. The Reservation and Release Unit Price of Water shall be fixed from the Effective Date for a period of five (5) years, and in five-year increments thereafter. At the end of the first five-year period and each five-year period thereafter, the Reservation Fee Unit Price and the Release Unit Price will be reassessed based on the Municipal Rate then in effect as fixed by the LNVA Board of Directors. All prices are subject to compliance with the LNVA Drought Contingency Plan as approved by the TCEQ. The Uncontracted Water Rate will not be fixed for any extended term and will be the Spot Purchase Rate adopted by the LNVA Board of Directors from time to time and in effect at the time releases of Water by LNVA exceed the Annual Reserved Quantity. IV. GENERAL PROVISIONS 4.01 Term of Agreement. The term of this Agreement shall be for a period commencing on the Effective Date and ending five (5) years thereafter. The Parties agree that this Agreement may be extended by the City as set forth in Section 4.02, or by mutual agreement between the Parties. 4.02 Option to Extend Term. The Parties agree that the City shall have the right to elect to extend the term of this Agreement for up to eight (8) additional five (5) year periods (an "Extension Period"). In order to elect an Extension Period, the City shall deliver written notice of said Extension Period four (4) years from the Effective Date hereof or one (1) year before the end of the term of the Agreement or any Extension Period. Should the City fail to elect an Extension Period by such date, LNVA shall provide written notice to the City of the expiration of the Agreement. Upon written notice by LNVA of the expiration of the Agreement due to the City's failure to elect an Extension Period, the City may cure such expiration by January 23, 2013 Draft Water supply Agreement between City of Beaumont and Lower Neches Valley Authority 7 providing written notice to LNVA of its election of an Extension Period within thirty (30) days of receiving notice from LNVA. 4.03 Termination. The City may terminate this Agreement only as provided in Sec. 4.02 or by mutual written agreement of the Parties. 4.04 Representations and Warranties. The City and LNVA hereby represent and warrant that: (a) the signatories to this Agreement have been given the lawful authority by their respective governing bodies to enter into this Agreement; and (b) both LNVA and the City will at all times during the term of this Agreement comply with all orders, rules, and regulatory requirements of the TCEQ or any successor agency. LNVA hereby represents and warrants that: (a) the water supply it is providing to the City pursuant to this Agreement is intended to be made available on a firm, uninterruptible basis; and (b) it will not enter into any future water supply agreements or otherwise obligate itself in a manner beyond the firm yield of its State issued water rights authorizations. 4.05 Effectiveness. The effectiveness of this Agreement is dependent upon LNVA and the City's compliance with the requirement of Chapter 297, Subtitle J of Title 30 of the Texas Administrative Code (relating to Water Supply Contracts and Amendments). 4.06 Severability. The provisions of this Agreement are severable and, if any provision of this Agreement is held to be invalid for any reason by a court or agency of competent jurisdiction, the remainder of this Agreement will not be affected and this Agreement will be construed as if the invalid portion had never been contained herein. 4.07 Assignment. Except as otherwise provided herein, the assignment of this Agreement by any Party is prohibited without the prior written consent of the other Parties. All of the respective covenants, undertakings, and obligations of each of the Parties will bind that Party and will apply to and bind any successors or assigns of that Party. 4.08 Pledge of Revenue. City represents and covenants that all payments to be made by it under this Agreement shall constitute reasonable and necessary operating expenses of its system as defined in Tex. Gov't. Code Ann. §§ 1502.001-.058 (Vernon 2001), and that all such payments will be made from the revenues of its water system. City represents and has determined that the water supply to be obtained from the LNVA System is absolutely necessary and essential to the present and future operation of its facility and is the only available and adequate source of supply of water therefore, and, accordingly, all payments required by this Agreement to be made by City shall constitute reasonable and necessary operating expenses of City's plant and system or systems as described above with the effect that the obligation to make such payments from revenues of such system or systems shall have priority over any obligation to make any payments from such revenues, whether of principal, interest, or both, with respect to all bonds heretofore or hereafter issued by City. City agrees throughout the term of this Agreement to continuously operate and maintain its water system and to fix and collect such rates and charges for water services to be supplied by its water system as will produce revenues in an amount equal to at least (i) all of its payments under this Agreement and (ii) all other amounts as required by the provisions of the ordinances January 23, 2013 Draft Water supply Agreement between City of Beaumont and Lower Neches valley Authority 8 ZZ 1 cncn , or resolutions authorizing its revenue bonds or other obligations now or hereafter outstanding Unless otherwise specifically provided in writing by subsequent agreement between LNVA and City, LNVA shall never have the right to demand payment by City of any obligation assumed or imposed on it under this Agreement from funds raised or to be raised by taxation, it being expressly understood by LNVA and City that all payments due by City are to be made from the revenues and income received by City from the ownership and operation of its plant or facility. This is a contract that is subject to Chapter 271, Texas Local Government Code. 4.09 Cooperation. The Parties agree to cooperate at all times in good faith to effectuate the purposes and intent of this Agreement. 4.10 Third Party Beneficiaries. Except as expressly provided for herein, nothing in this Agreement, express or implied, is intended to confer upon any person or entity, other than the Parties, any rights, benefits, or remedies under or by reason of this Agreement. 4.11 Entire Agreement. This Agreement contains the entire agreement of the Parties regarding the subject matter hereof and supersedes all prior or contemporaneous understandings or representations, whether oral or written, regarding the subject matter. 4.12 Interpretation and Reliance. No presumption will apply in favor of either Party in the interpretation of this Agreement or in the resolution of any ambiguity of any provisions hereof. 4.13 Relationship of Parties. This Agreement is based upon the active participation of the Parties. Neither the execution nor the delivery of this Agreement shall create or constitute a partnership, joint venture, or any other form of business organization or arrangement between the Parties, except for the contractual arrangements specifically set forth in this Agreement. No Party shall have any power to assume or create any obligation on behalf of the other Party. 4.14 Amendments. Any amendment of this Agreement must be in writing and will be effective if signed by the authorized representatives of the Parties. 4.15 Applicable Law; Venue. This Agreement will be construed in accordance with Texas law. Venue for any action arising hereunder will be in Jefferson County, Texas. 416 Notices. Wherever under this Contract one party is required or permitted to give notice to the other party, such notice shall be in writing and shall be delivered personally, sent by facsimile transmission, sent by nationally recognized express courier, sent by certified, registered, first class mail, postage prepaid, or sent by electronic mail. Any such notice shall be deemed given when actually received when delivered either personally, by facsimile transmission or by express courier, or if mailed, on the fifth day after its mailing, postage prepaid to the recipient party, or if by electronic mail, by the date actually received. Notice to be delivered pursuant to this Agreement shall be sent to the addresses indicated below: CITY: City of Beaumont 1350 Langham Rd PO Box 3827 Beaumont, TX 77704-3827 January 23, 2013 Draft Water Supply Agreement between City of Beaumont and Lower Neches Volley Authority 9 Attn: City Manager Telephone: (409) 880-3708 Facsimile: (409) 880-3112 Email: khayes@ci.beaumont.tx.us with copy to: Tyrone Cooper Beaumont City Attorney 801 Main St. Suite 325 Beaumont, Texas 77701 Telephone: (409) 880-3715 Facsimile: (409) 880-3121 Email: tcooper@ci.beaumont.tx.us Lloyd Gosselink Rochelle & Townsend, PC 816 Congress Ave., Suite 1900 Austin, Texas 78701 Attn: Martin Rochelle Telephone: (512) 322-5810 Facsimile: (512) 874-3909 Email: mrochelle(t�laawfirm.com LNVA: Lower Neches Valley Authority 7850 Eastex Freeway Beaumont, Texas 77708 Attn: Scott Hall Telephone: (409) 892-4011 Facsimile: (409) 898-2468 Email: scotth ,lnva.org with copy to: Benckenstein & Oxford, LLP 3535 Calder, 3rd Floor Beaumont, Texas 77706 Attn: Hubert Oxford Telephone: (409) 833-9182 x394 Facsimile: (409) 833-8819 Email: hubertoxford@benoxford.com 4.17 Counterparts; Effect of Partial Execution. This Agreement may be executed simultaneously in multiple counterparts, each of which will be deemed an original, but all of which will constitute the same instrument. 4.18 Force Majeure. In the event that any obligation contained herein is not fulfilled within the time period required hereby, and such failure is beyond either Party's reasonable control, including but not limited to compliance with any regulations, order or instruction of any federal, state or municipal government or any department or agency thereof, acts or omissions of any other Party hereto, acts of civil or military authority, fires, strikes, embargoes, war, terrorism, riots, delays in transportation, tempests, hurricanes, earthquakes, floods, drought and January 23, 2013 Draft Water Supply Agreement between City of Beaumont and Lower Neches Valley Authority 10 the inability (due to causes beyond such Party's reasonable control) to obtain necessary labor, manufacturing facilities or materials (all of the foregoing, without limitation, being herein referred to as "force majeure"), such Party shall give the other Party prompt notice of the occurrence of any such force majeure delay or expected delay, specifying the cause thereof and the suspected duration. In the event of any such delay, the date required for fidfillment of such obligation shall be automatically extended for a period equal to the time lost by reason of the delay. 4.19 Binding Agreement. This Agreement shall be binding upon and inure to the benefit of the Parties, and their respective successors and assigns (as may be authorized pursuant to the terms of this Agreement) following the Effective Date. 4.20 Default and Remedies. If any Party now or hereafter subject to this Agreement fails to perform such Party's obligations hereunder in accordance with the terms, provisions and conditions of this Agreement, then any other Party hereto may provide written notice of such failure to the non-performing Party and the non-performing Party shall thereupon have fifteen (15) days to cure such failure. If such failure has not been cured after the expiration of such fifteen (15) day period, then the complaining Party hereto may, except as otherwise expressly provided herein, (i) institute suit for specific performance against the non-performing Party to compel performance of the obligation, and the costs of compelling performance (including, without limitation, attorneys' fees and expenses) shall be reimbursable to the prevailing Party in such litigation plus interest thereon, or (ii) pursue any and all other remedies available to the complaining Party at law or in equity, including, without limitation, suit for damages. 4.21 Waiver. The waiver by either Party of any provisions of this Agreement shall not be construed as a precedent or waiver of such provisions thereafter unless this Agreement is amended in writing reflecting such waiver. 4.22 Parties in Interest. This Agreement shall be for the sole and exclusive benefit of the Parties hereto and their successors and assigns hereof, and it shall not inure to the benefit of any other persons or entities, and is the result of negotiations between the Parties and is not to be considered a precedent with respect to either Party in any other like situation or with respect to any other Party in any other like situation. 4.23 Invalidity of Provisions. In the event any provision hereof is declared invalid by a final judgment of a court of competent jurisdiction, after all applicable court appeals have been exhausted, such invalidation shall not invalidate the remaining portions of this Agreement unless the provisions(s) so invalidated renders this Agreement un -performable by either Party and/or frustrates the purpose of the Agreement. 4.24 Enforcement. It is understood and agreed that either Party hereto may demand specific performance of this Agreement. 4.25 Responsibility for Water. Title to and responsibility and liability for Water supplied by LNVA shall be in LNVA until such Water reaches the Delivery Point. Once the Water supplied hereunder to City passes through the Delivery Point, said water shall become the responsibility of the City. 4.26 Indemnification. . THE PARTIES, TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, WILL INDEMNIFY AND HOLD HARMLESS EACH OTHER January 23, 2013 Draft Water Supply Agreement between City of Beaumont and Lower Neches Valley Authority 11 211 GHA0 1 AND EACH OF THEIR PRESENT, FUTURE AND FORMER DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS OR ANY OF THEIR SUBSIDIARIES, CONTRACTORS AND SUBCONTRACTORS AGAINST ANY COSTS OR EXPENSES (INCLUDING REASONABLE ATTORNEY'S AND INVESTIGATION FEES), JUDGMENTS, FINES, LOSSES, CLAIMS, DAMAGES, LIABILITIES AND AMOUNTS PAID IN SETTLEMENT IN CONNECTION WITH ANY ACTUAL OR THREATENED CLAIM, ACTION, SUIT, PROCEEDING OR INVESTIGATION, WHETHER CIVIL, CRIMINAL, ADMINISTRATIVE OR INVESTIGATIVE, ARISING OUT OF, RELATING TO OR IN CONNECTION WITH THE ACTS OR OMISSIONS OF EACH OTHER OR ANY OF THEIR EMPLOYEES, SERVANTS, AGENTS, REPRESENTATIVES, CONTRACTORS AND SUBCONTRACTORS IN THE PERFORMANCE OF OR FAILURE TO PERFORM OBLIGATIONS AND REPRESENTATIONS UNDER THIS AGREEMENT 4.27 MUTUAL RELEASE. In consideration of execution of this Agreement and the mutual relinquishment of their respective rights with reference to any disputes and in consideration of the payment by City to LNVA of the sum of One Hundred Thousand Dollars ($100,000.00), receipt and sufficiency of which is acknowledged, each Party for themselves their successors, or assigns expressly releases the other and its, successors, or assigns from all liability for claims and demands arising out of any past obligations, acts, or omissions, which either Party may have against the other. The Parties agree that all claims, demands, and causes of action that either Parry has or may have against the other as of the date of execution of this Agreement are satisfied, discharged, and settled. (Signature Page Follows) January 23, 2013 Draft Water Supply Agreement between City of Beaumont and Lower Neebes Valley Authority 12 (Signature page to Water Supply Agreement and Mutual Release between LWA and City of Beaumont) IN WITNESS WHEREOF, the City and LNVA have executed this Agreement to be effective as of the Effective Date provided above. A ST: ff4vW City Secretary ATTEST: CITY: CITY OF BEAUMONT, TEXAS: By: L Printed Name: Title: Date: LNVA: PrintedNdme• 7C> A s> c c 1?kkG Title: JLO'��- Date: 2- - l ck - G January 23, 2013 Draft Water Supply Agreement between City of Beaumont and Lower Neches Valley Authority 13 1'21477.0 1 AY CITY: CITY OF BEAUMONT, TEXAS: By: L Printed Name: Title: Date: LNVA: PrintedNdme• 7C> A s> c c 1?kkG Title: JLO'��- Date: 2- - l ck - G January 23, 2013 Draft Water Supply Agreement between City of Beaumont and Lower Neches Valley Authority 13 1'21477.0 1 EXHIBIT A PLAN OF OPERATION The City will communicate with LNVA its Diversion Request for every day of the year, regardless of whether or not the City believes its diversion will be met by its own water rights or supplemented by Water from the LNVA. The communication, preferably by email, shall be directed to the Lockmaster at the Neches River Saltwater Barrier, whose email address saltwaterbarriera,lnva.dst.tx.us and phone number is (409) 898-0561 The anticipated Diversion Request shall be delivered to LNVA by the City's Water Utilities Director or his designee and shall specify the rate and quantity at which the City anticipates diverting water from the Neches River. The Diversion Request may be made for multiple days in a single communication but shall be confirmed at least weekly. For example, a request made on a Thursday for the following Monday may stand for the entire following week. The contract specifies four (4) days notice be provided by the City for the Diversion Request due to the fact that water released from Lake BA Steinhagen travels approximately three (3) days down the bed and banks of the Neches River before it reaches the diversion locations of the City and LNVA. LNVA will have the sole responsibility of determining the appropriate release request to the United States Army Corps of Engineers and ensure a sufficient supply of water is available in the Neches River to meet the needs of both the LNVA and the City. LNVA evaluates all the water demands in the lower Neches Basin on a daily basis; including demands on its canal system, demands along the river such as the City's and others, and freshwater streamflow requirements to the Sabine Lake Estuary. The total demand is compared to the available streamflow in the lower Neches watershed; any resulting shortage results in a release request on Lake BA Steinhagen that is filed daily with the US Army Corps of Engineers Reservoir Control Office. LNVA, recognizing that the forecasting of available streamflow and demand is more of an art than a science, relies on the experience and judgment of the Saltwater Barrier Lockmaster to ensure a sufficient release request is made on Lake BA Steinhagen. The Lockmaster is generally conservative in nature as he forecasts available streamflow on preliminary data from the USGS gauge sites across the basin. As such, the determination of Water released to meet the City's demands shall be an after the fact accounting based on approved data, whether from the Corps of Engineers or USGS, that is more fully described in Exhibit C. LNVA response to City's PropoW 11/30/2012 Location: 1. Diversion Point No. 1: At a point on the Neches River (Weiss Bluff) in the Sara Gray Survey 207, Abstract 152, Jasper County, Texas. 2. Diversion Point No. 2: At a point on the Neches River (Bunn Bluff) in the Pinkney Lout Grant, Abstract 17, Orange County, Texas. 3. Diversion Point No. 3: At a point on the Neches River (Lawson Crossing) in the Hezekiah Williams, Jr., Survey, Abstract 57, Jefferson County, Texas. EXHIBIT C ACCOUNTING PLAN LNVA shall maintain an accounting of water delivered pursuant to its Agreement with the City as provided below. In order to determine the quantity of run -of -river flow available at the surface water intakes for the Lower Neches Valley Authority (LNVA) and City of Beaumont (City) the following equation will be applied: AVAILABLE NEAR BEAUMONT = UPPER BASIN FLOWS( -3 DAys) + LOWER BASIN FLOWS( -1 DAY) Determination of Unser Basin Flows Determination of Upper Basin Flows is based upon the following equation: UPPER BASIN FLOWS = RAYBURN INFLOW + 1.1342(NERO) Flows available from the upper reaches of the Neches River Basin will be determined by summing the Adjusted Daily Inflow to Sam Rayburn Reservoir as determined by the US Army Corps of Engineers, Reservoir Control, Fort Worth District and 1.1342 times the Approved Daily Discharge value at the USGS stream gauge on the Neches River near Rockland, Texas (NERO).The Adjusted Daily Inflow to Sam Rayburn Reservoir and Approved Daily Discharge of the Neches River near Rockland may be retrieved from the following website addresses: Rayburn Inflow - hn://www.swf-wc.usace.§M.mil/cli-bin/rcshtml.RL92WgfHydroloaic NERO --ft:Hwaterdata.usgs.gov/tx/nwis/dv/?site no=0$033500&ap-encv cd=USGS&referred module=sw While the NERO gauge accounts for flows contributed from an upstream watershed of 3,636 sq. miles on the main stem of the Neches River, there remains 488 sq. mi. of contributing watershed in the Neches Basin above B.A. Steinhagen Reservoir that is neither accounted for in the inflows to Rayburn nor through the NERO gauge. The 1.1342 multiplier is applied to the NERO gauge values to account for ungauged inflows to B.A. Steinhagen Reservoir which occur downstream of the NERO gauge and Rayburn Reservoir, as noted on the accompanying drainage area map. Flows into Rayburn, flows at Rockland, and flows calculated as ungauged above B.A. Steinhagen are considered available at the outlet works of B.A. Steinhagen on the same day as the flows are measured at Rayburn and Rockland. This cumulative daily river flow available at B.A. Steinhagen Reservoir outfall is lagged 3 -days for travel time via bed -and -banks conveyance in the Neches River from the B.A. Steinhagen outlet works to the intake works of LNVA and the City near Beaumont. Determination of Lower Basin Flows Determination of Lower Basin Flows is based upon the following equation: LOWER BASIN FLOWS=1.8528(VQCO+PISL) In addition to the run -of -river flows available from the upper reaches of the Neches River, the run -of -river flows available at the LNVA and City intakes from the lower reaches of the Neches River are determined by multiplying a factor of 1.8528 to the sum of the Approved Daily Discharge value at the USGS stream gauge on Village Creek near Kountze, Texas (VIKO) LNVA response to City's Proposal 11/30/2012 and the Approved Daily Discharge value at the USGS stream gauge on Pine Island Bayou near Sour Lake, Texas (PISL). The Approved Daily Discharge at these gauge sites may be retrieved from the USGS website at the following addresses: VIKO - ft://waterdata.usias.gov/tx/nwis/dv/?site no=08041500&agency cd=USGS&referred module=sw PISL - hmr//waterdata usgs p-ov/tx/nwis/dv/?site no--08041700&agency cd=USGS&referred module=sw Like the upper reach of the Neches Basin, the lower reach includes ungauged areas that are accounted for by means of adjusting the flows of the gauged drainage areas by a multiplier. The attached drainage area map details gauge locations and drainage areas, both gauged and ungauged. The cumulative daily river flow available in the lower reaches of the Neches River, below the B.A. Steinhagen Reservoir outfall, is lagged 1 -day for average travel time via bed -and - banks conveyance in the Neches River from the gauge locations to the intake works of LNVA and the City near Beaumont. Determination of Run of River Flows Available Near Beaumont Returning to the original equation for determination of Flows Available near Beaumont: AVAILABLE NEAR BEAUMONT = UPPER BASIN FLOWS( -3 DAYS) + LOWER BASIN FLOWS(_, DAY) On any given day, the run -of -river flows which would be available in the Neches River near Beaumont without interruption or supplementation by upstream reservoirs can be determined by summing the flows available three days prior in the upper reaches of the Neches River Basin, above B.A. Steinhagen Reservoir and the flows available one day prior in the lower reaches of the Neches River Basin, below B.A. Steinhagen Reservoir, each as previously detailed. The Neches River has no significant channel losses or gains, and therefore no other adjustment is needed to determine available run -of -river flow at the LNVA and City intakes near Beaumont, Texas. PRIORITY ACCOUNTING OF NECHES RIVER DIVERSIONS In order to provide effective management of water resources and ensure sufficient releases from storage to meet downstream demands, the City shall keep LNVA apprised of its projected demands for surface water from the Neches River. The larger of either the City's projected demand as reported to LNVA or its actual diversions from the river, shall be utilized on a daily basis in determining whether or not water was released from storage to meet the City's need. After determining the availability of run -of -river flows in the Neches River near Beaumont, Texas, water will be allocated between LNVA and the City in accordance with water rights adjudicated to each entity by the State of Texas according to the following system. • When run -of -river stream flows in the Neches River, as previously determined, are sufficient to meet the needs of LNVA and the City, all water needed by both LNVA and the City will be accounted for and charged against the most junior run -of -river water right available to either entity at that time. • When run -of -river stream flows are insufficient to fully satisfy the demands of both LNVA and the City, all water needed by both LNVA and the City will be accounted for and charged against the most senior run -of -river water right available to either entity at that time until the entirety of the calculated run -of -river stream flow is accounted for. LNVA response to City's Proposal 11/30/2012 In order to satisfy downstream demands by LNVA and the City not supported by run -of -river flows previously calculated, releases from storage will be made and diversions accounted for under LNVA's November 12, 1963 priority date. LNVA response to City's Proposal 11/311/2012 NW. �9•11111M I passed Resolution No. 13-032 authorizing the City Manager to execute a five (5) year (LNVA) to secure an uninterrupted surface water supply; and, - On".1 km I I I I 1 1!111 !l I I• 0 - 0 City's failure to elect an Extension Period, the City may cure such expiration by day of receiving notice form LNVA; and, I I I I , � Ill I I NUS �SWARIIOEFJ�I:VWZ ITNOWTV] 511m I � � � I , T Ea= interest of the City of Beaumont and its citizens and notice should be given; THAT the statements and findings set out in the preamble to this resolution are hereby, THAT the City Manager be and he is hereby authorized to provide written notice to the Lower Neches Valley Authority (LNVA) of the City's election of an Extension Period to extend a five (5) year term agreement to secure an uninterrupted surface water supply for the City of Beaumont. ig � 11 XONIMMEMOO Willi iPi A"*17 li�-��.' TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tyrone E. Cooper, City Attorney MEETING DATE: April 24, 2018 REQUESTED ACTION: Council consider a resolution authorizing the settlement of the claim of Kenneth Thornell, Jr. BACKGROUND This matter was presented and discussed in Executive Session held on March 10, 2018. The City Attorney is requesting authority to settle this claim in the amount of $5,000.00. FUNDING SOURCE General Liability Fund. RECOMMENDATION Approval of resolution. M4 11 1 1010;= � I I � P11 �i I i � � �• I -� "47=9 �irpi Nims WWWOOMAN �—M ; 0, .••• -6 Z I •, THAT the City Attorney be, and he is hereby, authorized to settle the claim of BE IT FURTHER RESOLVED THAT the City Manager be and he is hereby 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. EMMM-i 1 TEXAS City Council FROM: Kyle Hayes, City Manager PREPARED BY: Dr. Joseph Majdalani, P.E., Public Works Director MEETING DATE: April 24, 2018 N REQUESTED ACTION: Council consider a resolution authorizing the acquisition of a fifteen foot (15') wide Exclusive Water Line Easement. BACKGROUND As part of the Water Main Project between Cottonwood Avenue and Caldwell Avenue, the owner of the property listed below has agreed to convey an easement to the City: Tract No. 44 15 wide easement, out of Plat D11, Tract 44, situated in the A. Williams Survey, Abstract No. 385 Address: 2295 Live Oak Street Owner: Emily Ann Clifton Appraised Value: $2,392.00 FUNDING SOURCE Capital Program. RECOMMENDATION Approval of the resolution. WHEREAS, Emily Ann Clifton has agreed to convey one (1) fifteen foot (15') r.ituated in the A. Williams Survey, Abstract No. 285, Jefferson County, Texas as •- •-r and • in Exhibit I," attached hereto, to the City • • for thT llvilljiill�wlilll RVIT R- W. I I I I THAT the statements and findings set • in the preamble to this resolution are hereby, me= .••• -• . • THAT one (1) fifteen foot (15') wide exclusive water line easement conveyed by Emily Ann Clifton, being out •' Plat D1 1, Tract 44, situated in the A. Williams Survey, Abstract No. 385, Jefferson • Texas as described and • in Exhibit "11 attached hereto, be and the same is hereby, in all things, accepted for the stated WHEM 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. R= AGREEMENT PROJECT: Water Main Project Tract 44 THE STATE OF TEXAS X COUNTY OF JEFFERSON X This agreement between EMILY ANN CLIFTON, of the County of Jefferson, State of Texas, hereinafter called GRANTOR, and the CITE' OF BEAUMONT, acting by and through its duly authorized Agent, hereinafter called GRANTEE, witnesseth: CITY OF BEAUMONT and the GRANTOR above recited have reached an agreement wherein the GRANTOR are to convey to the CITY OF BEAUMONT property described fully in a Water Line Easement to be executed by GRANTOR, to which reference is hereby made for complete description, said property being briefly described as follows: 15 feet wide easement, situated in the Absalom Williams Survey, Abstract No. 385, in the City of Beaumont, Jefferson County, Texas The consideration and conditions of agreement are fully listed and stated. The CITY OF BEAUMONT will pay GRANTOR as follows: 0 All liens and taxes (either current or delinquent) will be deducted. It is further agreed that the terms of agreement herein stated are in consideration of the delivery to the CITY OF BEAUMONT of a valid conveyance of all rights, title and interest described in the Special Warranty Deed from GRANTOR to the CITY OF BEAUMONT. THIS AGREEMENT IS SUBJECT, HOWEVER, TO THE APPROVAL OF THE BEAUMONT CITY COUNCIL. ALL TERMS AND CONDITIONS OF AGREEMENT ARE FULLY STATED HEREIN AND NO VERBAL AGREEMENTS ARE AUTHORIZED. EXECUTED this "day of '20( . CITY OF BEAUMONT Antoinette Hardy Real Property Coordinator EXHIBIT "1" EMILY ANN CLIFTON E, h; j, (�� �- - -, Emily Ann lifton FE OF TEXAS X COUNTY OF JEFFERSON ' X KNOW ALL MEN BY THESE PRES THAT, EMILY ANN CLIFTON, resides in Jefferson County, Texas hereinafter called "GRANTOR", whether one or more, for and in consideration of the sum of ONE AND NO/100 DOLLAR ($1.00), and other good and valuable consideration to us in hand paid by the CITY OF BEAUMOle T, a municipal corporation domiciled in Jefferson County, Texas, hereinafter called "GRANTEE", the receipt and sufficiency of which consideration is hereby acknowledged, has GRANTED, SOLD and CONVEYED, and by these presents does GRANT, SELL and CONVEY unto the CITY OF BEAUMONT, P.O. Box 3827, Beaumont, Texas 77704, Jefferson County, Texas, its successors and assigns, a Water Line Easement and the exclusive right to construct, alter, and maintain said waterlines and appurtenances on the hereinafter described lands which said easement is under, over, in and across those certain tracts or parcels of land owned by GRANTOR situated in the County of Jefferson, State of Texas, and being more particularly described in Exhibits "A", attached and made a part hereof for all purposes. The easement herein granted shall be used for the purpose of placing, constructing, operating, repairing, rebuilding, replacing, relocating, and/or removing water lines and appurtenances, and the following rights are also hereby conveyed collectively, the "Easement Rights". It is expressly understood and agreed that the City of Beaumont shall have the right of ingress to and egress from the tracts of land hereinbefore described and use of the same for the purposes aforesaid, and giving said City the right and privilege to improve, maintain and operate the same as permitted by law. GRANTOR agrees not to place any structures or appurtenances within the Easement ;rty that will interfere with Grantee's ability to exercise the Easement Rights. GRANTEE shall not be responsible for the repair and replacement of any paving or other structures within the Easement Property. TO HAVE AND TO HOLD the above described easement and right-of-way unto the said CITY OF BEAUMONT, its successors and assigns forever. EXECUTED this 4 �� /� day of °' � � 1 —12018. GRANTOR: EMILY ANN CLIFTON BY: 44"Co GRANTEE: CITY OF BEAUMONT By: Name: Kyle Hayes Title: City Manager STATE OF TEXAS COUNTY OF JEFFERSON This instrument was acknowledged before me on this Z�day of - 2018, by Emily Ann Clifton. GREGORY B. CANTUE NOTARY PUBLIC STATE OF TEXAS I® # 764800-0 9 of + my Comm. Expires 05-26-2020 STATE OF TEXAS § COUNTY OF JEFFERSON § Jotary l4c., State of Texas This instrument was acknowledged before me on this day of , 2017, by Kyle Hayes, City Manager of the City of Beaumont, a municipal corporation domiciled in Jefferson County, Texas, on behalf of said municipal corporation. Notary Public, State of Texas RETURN TO: City of Beaumont Antoinette Hardy - Engineering P. O. Box 3827 Beaumont, TX 77704 State of Texas County of Jefferson § SCNAUMBLJRG Field notes describing the centerline of a proposed 15 feet wide easement, being the west 15 feet of a tract with no called acreage, recorded in Volume 2063, Page 468, Official Public Records of Jefferson County, Texas, in the Absalom Williams Survey, Abstract 385, Jefferson County, Texas. All bearings, distances, and acreages are grid and are referenced to the State Plane Coordinate System, NAD83, Texas South Central Zone, U.S. Survey feet. Mapping angle for this project is +02° 23' 26" and the scale factor is 0.999952232. See accompanying plat. COMMENCING at a 1/2 inch iron rod with cap marked "SPI 6535" set at the intersection of the east line of the B.N.S.F. Railroad (called 100 feet wide R.O.W.) and the south line of Live Oak Street (called 60 feet wide R.O.W.), and at the northwest corner of said Tract recorded in Volume 2063, Page 468. Said 1/2 inch iron rod has a State Plane coordinate value of N: 13979587.26 and E: 3511236.54. THENCE N 85° 42' 21" E with the south line of said Live Oak Street and the north line of said Tract recorded in Volume 2063, Page 468, a distance of 8.76 feet to the PLACE OF BEGINNING, having a State Plane coordinate value of N: 13979587.92 and E: 3511245.27. THENCE S 35° 23' 19" E parallel with and 7.5 feet perpendicular to the west line of said Tract recorded in Volume 2063, Page 468 a distance of 163.49 feet to the place of termination, containing 163.49 total linear feet, from which a 1/2 inch iron rod with cap marked "SPI 6535" set at the intersection of an Alley (called 20 feet wide R.O.W.) and the east line of said B.N.S.F. Railroad at the southwest corner of said Tract recorded in Volume 2063, Page 468 and the northwest comer of the remainder of Tract 44 Block L, Section D-11, as shown on the Official City of Beaumont Map dated April, 1980, an unrecorded map found on file at the City of Beaumont Engineering Department bears S 85° 42' 21" W a distance of 8.76 feet and a 1/2 inch iron rod with cap marked "SPI 6535" set at the intersection of the south line of said Alley and the east line of said B.N.S.F. Railroad, at the southwest corner of said remainder of Tract 44 and the northwest corner of Tract 43, Block L, Section D-11, said City of Beaumont Map bears S 13' 40' 26" E a distance of 20.27 feet. Said place of termination has a State PIane coordinate value of N: 13979454.63 and E: 3511339.95. I, Daniel J. Warrick, do hereby certify that this description reflects an accurate survey made on the ground and according to law, and that the limits, boundaries, and corners are truly described just as I found or set them. Given under my hand and seal this 3 0th day of November, 2017. OF Daniel J. Warrick „.;4 °. Registered Professional Land Surveyor No. 6535 :..., G DANIEL J. WARRICK TBPLS FIRM REGISTRATION NO 1ni— a 15.00' \ .� 1/2" IRON ROD SET WITH CAP "SPI 6535" �J S85' 42' 21" 8.76' NOTE: All bearings, distances, and acreages are grid and are referenced to the State Plane Coordinate System, NAD83, Texas South Central Zone, U. S. Survey feet. Mapping angle for this project is +02' 23' 26" and the scale factor is 0.999952232. See accompanying field notes. The referenced City of Beaumont Map was not found recorded in official public records. Appraisal district information and other recorded documents refer to this map as source information. The map is on file at the Beaumont office of SPI, and City of Beaumont Engineering Department. o z z w 2 � o SCALE: 1" INWZSCHAUIVIBURG & PDLK,,N TBPLS Fir m Registration # 10194353 8865 College Street, Beaumont, Texas 77707 409.866.0341 P-409.866,0337 F © Copyright2D17 PLACE OF TERMINATION N: 13979454.63 \ E: 3511339.95 1/2" IRON ROD SETT WITH CAP "SPI 6535" ALLEY RETRACT OF (CALLED 44 20' WIDE R.O.W.) 40'26"E' 20.27' 43 SURVEY SHOWING A. EASEP ROPOSED Iii 1211V�L E 1 �1 BEING THE WEST 15 FEET OF A TRACT (NO CALLED ACREAGE) RECORDED IN VOLUME 2063, PAGE 468 O.P.R.J.C.T. ABSALOM WILLIAMS SURVEY, ABSTRACT 385 JEFFERSON COUNTY, TEXAS I, Daniel J. Warrick, .do hereby certify that this plat reflects on actual survey made on the ground and according to law, and that the limits, boundaries, and corners are truly described just as I found or set them. Given under my hand and seal this 30th day of November, 2017. r Daniel J. Warrick Registered Professional Land Surveyor No. 5535 LIVE OAK AVE. (CALLED 60' WIDE R.O.W,) N85'42' 21" E PLACE OF BEGINNING N: 13979587.92 8.76' E: 3511245,27 � -F V \ PLACE OF \ COMMENCEMENT 1/2" IRON ROD SET ABSALOM WILLIAMS SURVEY WITH CAP "SPI 6535" N: 13979587.26 \ 2oG A-385 E: 3511236.540 C' �P Q �sas\ VIP 47 CITY OF BEAUMONT MAP j� \ BLOCK L, SECTION D 11 PANEL NE 2-3 ®� DATED APRIL, 1980 UNRECORDED 15.00' \ .� 1/2" IRON ROD SET WITH CAP "SPI 6535" �J S85' 42' 21" 8.76' NOTE: All bearings, distances, and acreages are grid and are referenced to the State Plane Coordinate System, NAD83, Texas South Central Zone, U. S. Survey feet. Mapping angle for this project is +02' 23' 26" and the scale factor is 0.999952232. See accompanying field notes. The referenced City of Beaumont Map was not found recorded in official public records. Appraisal district information and other recorded documents refer to this map as source information. The map is on file at the Beaumont office of SPI, and City of Beaumont Engineering Department. o z z w 2 � o SCALE: 1" INWZSCHAUIVIBURG & PDLK,,N TBPLS Fir m Registration # 10194353 8865 College Street, Beaumont, Texas 77707 409.866.0341 P-409.866,0337 F © Copyright2D17 PLACE OF TERMINATION N: 13979454.63 \ E: 3511339.95 1/2" IRON ROD SETT WITH CAP "SPI 6535" ALLEY RETRACT OF (CALLED 44 20' WIDE R.O.W.) 40'26"E' 20.27' 43 SURVEY SHOWING A. EASEP ROPOSED Iii 1211V�L E 1 �1 BEING THE WEST 15 FEET OF A TRACT (NO CALLED ACREAGE) RECORDED IN VOLUME 2063, PAGE 468 O.P.R.J.C.T. ABSALOM WILLIAMS SURVEY, ABSTRACT 385 JEFFERSON COUNTY, TEXAS I, Daniel J. Warrick, .do hereby certify that this plat reflects on actual survey made on the ground and according to law, and that the limits, boundaries, and corners are truly described just as I found or set them. Given under my hand and seal this 30th day of November, 2017. r Daniel J. Warrick Registered Professional Land Surveyor No. 5535 si t] CI µ :. G> S'd, Helena fiw,Bi�.jrv'uf}ki Skrxt 4'61.��('i31 ia'@ sl tltl)17 dx '„,iE 10 e 3' C � _ ry -� "vR PJ fJ Omaha 9t S3r�b,ahar �,St U1t7, atx�."�ti, b 0,. C+wA GL OJ U, Ul U ....d Cdl •ll ..A T V'7 � yY L: CW — J5 , w� c€ wi kJ'Stlt st c7. [C TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Todd Simoneaux, Chief Financial Officer ,,-' MEETING DATE: April 24, 2018 REQUESTED ACTION: Council consider a resolution approving a contract with Moncla's Inc. of Beaumont for the 2018 Summer Food Service Program. BACKGROUND The Summer Food Service Program, which is funded by the U.S. Department of Agriculture and administered by the Texas Department of Agriculture (TDA), provides free, nutritious, and well- balanced meals for any child from one to 18 years of age. This is the 26th year the Recreation Division has participated in the program. Last year, 14,309 meals were delivered at a cost of $4.73 per lunch for a total of $ 67,681.57. The cost of the meals was reimbursed by the grant at the rate of $3.47 per meal. The City paid the balance at a total cost of $18,029.34. The 2018 program will begin on June 11, 2018 and continue through August 10, 2018. Lunches will be served Monday through Friday excluding the July 4, 2018 Independence Day Holiday. All previous program years, the City has provided cold lunches. For the first time, this year's program will serve hot lunches for forty-four (44) days at a cost of ($5.77) per meal at eight (8) locations throughout the City including, Perlstein Park, Northridge Apartments, Points North Apartments, Magnolia Park, Alice Keith Park, Sprott Park, Roberts Park and Central Park. The total estimated number of meals used for bidding purposes was 16,588 for a total estimated cost of $95,712.76. The grant will reimburse the cost of each meal at $3.8575. This will cause the City to absorb the cost which is in excess of the grant at an estimated cost of $31,724.55. The actual number of meals that will be served is based on actual participation levels. Bid announcements were sent to ten (10) vendors. Triangle Community Outreach, Inc. provided the low bid but was unable to provide the required bonds. Moncla's Inc. was the only other vendor to submit a bid. A bid tabulation is attached. FUNDING SOURCE U.S. Department of Agriculture. General Fund. RECOMMENDATION Approval of resolution. --i U) "D 0 < 0 c r 0<q 3 0 < = 3 = , CL (D Cn 0 (D 0 0 -n (�D 0 w 0- x C/) z (D 0 :2 -0 (D 0 (D Q =r — 0 m ig :3 (D 0 -P� (D CD fo 3 �o P CO 07 CD (D (D w c w (n cD 3 10 (D x w 0 < 0000 CTI CYI0 0 (D Z3 &3 90 0 q (2- (o ;I (D (D co 00 00 w > Yl ;:� 0 C) --4 cn 90 = o C: zr 3 o oo 00 o — cn :3 3 CD 0 w CD I w 0, 0 CD 4�, = 0 03 4 r- -4 0 U) cn —4 ch -4i 0 -4 CD --i --i > =r -n m K\\ 0 0 0 (D 0 rl) I 0 cn -& a co 3 3 CD -n 0 0 CL : 11,11111 11`111?! 1• 1919rew Summer Food Service Program funded by the U.S. Department of Agriculture, administered by the Texas Department of Agriculture and sponsored by the City of IMMMMM, 1� l�� liq III I I I I I I I! I � q 1111 !1 11 � I I I Mzla���• I � i I I•I : M • - - unable to provide the required bonds and, as a result, did not meet required bid WHEREAS, Moncla's, Inc., of Beaumont, Texas, submitted a bid for an estimated quantity of 16,588 lunches served in the unit bid amount of $5.77 per lunch - - 0 1.0 a . 0 WHEREAS, City Council is of the opinion that the bid submitted by Moncla's, Inc., of Beaumont, Texas, is the lowest responsible bidder providing the best value to the City and should be accepted; 1111 ON IN, MRSHMAM FA rQ I me] 2 0.12 FTAA I I L, fA lei, THAT the statements and findings set out in the preamble to this resolution are hereby, THAT the bid submitted by Moncla's, Inc., of Beaumont, Texas, for the 201V Summer Food Service Program administered through the Recreation Division for an Min RVITIOTON III ;l Ing T ��Z•MFMIWR• mmw�•� fiffIFAW TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Todd Simoneaux, Chief Financial Officer MEETING DATE: April 24, 2018 REQUESTED ACTION: Council consider a resolution approving the purchase of Self Contained Breathing Apparatus (SCBA) for use by the Fire Department. fKa-tullyWyll The Self Contained Breathing Apparatus (SCBA) will be purchased from Municipal Emergency Services, Inc., of Houston, in the amount of $89,215.41. The Fire Department has determined that twenty-six (26) complete SCBA units, twenty-six (26) cylinder valves and forty-two (42) face masks require replacement this year. The Fire Department must periodically replace old and/or defective SCBA units and related material. The units provide breathing air to firefighters while engaged in firefighting activities. Pricing for the equipment was obtained through the Houston -Galveston Area Council (H -GAC) purchasing cooperative, which provides cities and political subdivisions with the means to purchase specialized equipment at volume pricing. H -GAC complies with State of Texas procurement statues. FUNDING SOURCE General Fund ($2,115.41) and Capital Reserve Fund ($87,100.00) RECOMMENDATION Approval of the resolution. • �W W THAT the City Council hereby approves the purchase of twenty-six (26) complete Self - Contained Breathing Apparatus (SCBA) with Face Masks for use by the Fire Department from Municipal Emergency Services, Inc., of Houston, Texas, in the amount of $89,215.41 through the Houston -Galveston Area Council (H -GAC) Cooperative The meeting at which this resolution was approved was in all things conducted in 551. zMMM-i ON WrT I I llll I il I I I I ii I I i I I I I i I I ill I I FINE I ii I I i I i I I i I I I I i 11 1 0 T S 0 - TEXAS REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS APRIL 24, 2018 1:30 PM CALL TO ORDER * Invocation Pledge Roll Call Presentations and Recognition * Public Comment: Persons may speak on scheduled agenda items 1, 10-13/ Consent Agenda * Consent Agenda GENERAL BUSINESS 1. Consider a resolution confirming the appointment of Earl White as Fire Chief by the City Manager 2. Consider a request to convert the private streets and other infrastructure to public ownership within the Woodpark Subdivision 3. Consider a request to convert the private streets and other infrastructure to public ownership within the Oak Trace Subdivision 4. Consider a request to convert the private streets and other infrastructure to public ownership within the Sandlewood Subdivision 5. Consider a request to rezone a portion of property in the 3300 block of East Lucas Drive from GC -MD (General Commercial -Multiple Family Dwelling) to GC - MD -2 (General Commercial -Multiple Family Dwelling -2) 6. Consider a request for a Rezoning from RS (Residential Single Family Dwelling) to RCR (Residential Conservation Revitalization) with a Specific Use Permit to allow a tax preparation office for property located at 1690 Chamberlin Drive 7. Consider a request for a Specific Use Permit to allow a Residential Substance Abuse Treatment Facility in an RM -H (Residential -Multiple Family Dwelling - Highest Density) District for property located at 4655 Collier Street 8. Consider a request for a Specific Use Permit to allow an assembly/warehouse/ manufacturing facility in the CBD (Central Business District) for property located at 850 Fannin Street 9. Consider a request for a Specific Use Permit to allow a daycare facility in a GC - MD -2 (General Commercial -Multiple Family Dwelling -2) District located in the 6300 block of Delaware Street 10. Consider amending Section 4.04.003 and Section 4.09.001 of the Code of Ordinances related to Animal Care 11. Consider the second reading of the ordinance granting to Entergy Texas, Inc. the right, privilege and franchise to conduct within the City an electrical lighting and power business 12. Consider a resolution authorizing the City Manager to execute a lease agreement with Industrial Rescue Instructions Systems, Inc. (dba IRFT Investments, LLC) for use of the Fire Training Grounds 13. Consider a resolution authorizing the City Manager to execute Change Order No. 2 for the Washington Boulevard Project (Loma Lane east to IH -10) PUBLIC HEARING Receive comments related to terminating the solid waste collection and transportation service franchise agreement granted to Impact Waste, LLC 14. Consider repealing Ordinance No. 17-017 terminating the solid waste collection and transportation service franchise agreement granted to Impact Waste, LLC 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: Various properties bordered by Main Street; Bowie Street; Pearl Street and Liberty Avenue * Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code: Claim of St. Giles Group Home Claim of Ebony Jenkins Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact Kaltrina Minick at 880-3777. fl Consider a resolution confirming the appointment of Earl White as Fire Chief by the City Manager TO: MEETING DATE: REQUESTED ACTION: City Council Kyle Hayes, City Manager April 24, 2018 Council consider a resolution confirming the appointment of Earl White as Fire Chief by the City Manager. BACKGROUND Chapter 143 of the Local Government Code requires that the department head of a fire department be appointed by the municipality's chief executive and confirmed by the municipality's governing body. More than 80 applications were received for the Fire Chief vacancy. On April 13, 2018, an Interview Committee, appointed by the City Manager, interviewed 13 excellent candidates. The Committee consisted of Glen Morgan; Bart Owens; Ava Graves; Pastor Dwight Benoit; Lynda Kay Makin; Roy Steinhagen and Galen Key. The strong concensus of the Committee was that Earl White was the best candidate. LOCAL GOVERNMENT CODE CHAPTER 143. MUNICIPAL CIVIL SERVICE FOR ... Page I of I Sec. 143.013. APPOINTMENT AND REMOVAL OF DEPARTMENT HEAD. (a) Unless elected, each department head is: (1) appointed by the municipality's chief executive and confirmed by the municipality's governing body; or (2) in a municipality having an elected fire or police commissioner, appointed by the fire or police commissioner in whose department the vacancy exists and confirmed by the municipality's governing body. (b) A person appointed as head of a fire department must be eligible for certification by the Texas Commission on Fire Protection at the intermediate level or its equivalent as determined by that commission and must have served as a fully paid fire fighter for at least five years. A person appointed as head of a police department must be eligible for certification by the Texas Commission on Law Enforcement at the intermediate level or its equivalent as determined by that commission and must have served as a bona fide law enforcement officer for at least five years. (c) Except as provided by Subsection (d), if a person is removed from the position of department head, the person shall be reinstated in the department and placed in a position with a rank not lower than that held by the person immediately before appointment as department head. The person retains all rights of seniority in the department. (d) If a person serving as department head is charged with an offense in violation of civil service rules and is dismissed from the civil service or discharged from his position as department head, the person has the same rights and privileges of a hearing before the commission and in the same manner and under the same conditions as a classified employee. If the commission finds that the charges are untrue or unfounded, the person shall immediately be restored to the same classification that the person held before appointment as department head. The person has all the rights and privileges of the prior position according to seniority and shall be paid his full salary for the time of suspension. Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987. Amended by: http://www.statutes.legis.state.tx.us/Does/LG/htm/LG.143.htm 4/16/2018 063KUI• • 1 ;Rwel IkTj:l ol By& 9 M I mu WoMmallff-S FrARMFOR.M.F.M. Ml Fa Consider a request to convert the private streets and other infrastructure to public ownership within the Woodpark Subdivision TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Chris Boone, Planning & Community Development Director MEETING DATE: April 24, 2018 REQUESTED ACTION: Consider a request to convert the private streets and other infrastructure to public ownership within the Woodpark Subdivision. BACKGROUND James M. Simmons, President of Woodpark Homeowners Association, has requested that the City of Beaumont accept maintenance of the private streets known as Woodpark Street, Woodridge Lane, Windwood Lane, and their infrastructures. The City recently adopted a process for the conversion of private streets and other infrastructure to public ownership and maintenance (see attached). Also attached is an analysis of the condition of the existing private infrastructure, conducted by the Public Works Department. If this application is approved by City Council, an amended subdivision plat will be necessary to convey the property and infrastructure as well as accurately reflect rights-of-way and other public easements and facilities on the recorded plat. If approved, the applicant will need to submit an application for this amended subdivision plat. One additional issue to consider which common elements should be accepted, including alleyways, driveways, common areas parking and landscaped medians and recreational areas. Staff recommends that all streets, water, sewer and drainage facilities be conveyed for public ownership and maintenance, but that maintenance of all common areas, including alleys, parking areas, medians, play areas and other common areas, continue to be the responsibility of the Home Owners Association. At a Joint Public Hearing held on April 16, 2018, the Planning Commission recommended 9:0 to approve a request for the conveyance and dedication of private streets and infrastructure to the City of Beaumont with the following conditions: 1. Require the submission and filing of a preliminary and final plat to be paid for by the applicants. 2. Identification of private common areas and facilities on the final plat and placement of a note on the final plat stating that maintenance of these areas is to be provided by the Home Owners Association. 3. Water meters must be installed according to Water Department specifications. FUNDING SOURCE Not applicable. RECOMMENDATIONS Approval of the resolution with the following conditions: 1. Require the submission and filing of a preliminary and final plat to be paid for by the applicants. 2. Identification of private common areas and facilities on the final plat and placement of a note on the final plat stating that maintenance of these areas is to be provided by the Home Owners Association. 3. Water meters must be installed according to Water Department specifications. TO: City of Beaumont Public Works/Engineering Antoinette Hardy PO Box 3827 Beaumont, TX 77704 DATE: August 17, 2017 FROM: James M. Simmons, President Woodpark Homeowners Association RE: Notarized Statement Be it resolved that 2/3rd of the members of the Woodpark Homeowners Association approve the request for consideration for the private streets to become public streets. The city is already in receipt of the signatures signed by 2/3rd of the members of the Woodpark Homeowners Association approving the request for consideration for the private streets to become public streets. I, James M. Simmons attest that all the signature signed on the petition are true and accurate to request for consideration the private streets to become public streets. Af0 O JamesSimmons, President Wood p k Homeowners Association ,2ogrRYP���,, KELLY M HERNANDEZ Notary Public, State of Texas Notary ID 012615036-9' �°jFoF�Ery;' My Commission Expires June 9.2021 ' i B �AUINGIDI�r �f 111 i at it The undersigned owners of real property abutting or having sole legal access to the hereafter road in the City of Beaumont, Jefferson County, Texas, do hereby file this, their petition, with the City of Beaumont. A majority of support (two-thirds) by the property owners is required to initiate the acceptance of private streets and infrastructure by the City of Beaumont. A copy of Resolution No. 17-073 approved by City Council is attached providing the guidelines for acceptance of private streets and infrastructure for maintenance by the City of Beaumont as labeled Exhibit "A". Name of Subdivision: % ®� IIGA President Contact Information: Name: Wt PEI,a A Phone: Of e Email: N17i I 'w " G' f i 1r k1q iA EN , 011== 16 Y PRINTED NAME & ADDRESS SIGNATURE PARCEL, ID NUMBER (must be legible) 70 SPP -VP -I & �'P— � z °a / 35z 3 z 4 � ,,� 1;/, C- 4, 941"9 4vo m�_ 61_r4l� 5 40 6 AI 7 � p y `� hlxt6� �gpy f�8 s 0 I C 6 -T PRINTED NAME & ADDRESS SIGNATURE PARCEL ID NUMBER (must be Zegible) 10 13'd,, -o o 11 12 04 joc"r.v, 13 14 VWA q 161 R, IZl Lv 17 ......... c 4 fl . ......... .. 19 20 w 211 22 23 24 b � M� 25 —110 �11 PRINTED NAME & ADDRESS ESS SIGNATURE PARCEL ID NUMBER ER (must be legible) C9 'f�C' :✓f OP p-Stf'�i'6 27 ��t\e-.� � �' i✓'" Lim �.r f f v� 4.�/''' d Orll-eno 29 30 'WC & Sl- d Pd H A 62--9 f- P 31 32 33 34 35 36 37 38 39 40 American Leasing and Mgt Company - Julie Hise - 409.203.4 520 or 409.860.2900 - julieh@americanrealestate.co -Last Name First Name Sig other address primary email primary cell home phone I Board Committies and jPaul 6695 Woodridge paul2fat@vahog.corn 409.550.2297 409.860.4788 Jerry Susan 6640 Woodridge jerrvallenmotors_@gmaji.corn 409.651.0766 Armstrong �Catherine NA -'6680 6685 Woodridge catarin@aol.com 409.658.7794 409.860.357J Alternat( Welcome Benton Don Madlyn Windwood dbentoii@gt.rr.com 409.504.2657 409.832.0249 Water usuage Bordeaux HV Lynne 1350 Woodpark lynne0429@aol.com 512.608.2171 409.782.312 member By laws Braswell - Joni NA 1390 Woodpark ihcl916@aol.com 832.544.1875 Casseb Michelle 6590 Windwood michelle@mfinityresources.com 1409.718.7424 -see below 6650 Windwood jes6000fish@Vahoo.com I Property Contact Info: Call Johnny Smith (Power of Attorney) 409.382.0603 -Cole Jill Brian SO 6670 Windwood iilicole89@yahoo.com 409.790.1076 409.656.1505 (Brian) Daigle Shani NA 16610 Woodridge shani.daigle@gmail.coni 409.363.1887 T- Davis, Jr Elvis Lena 6650 Woodridge ecdtwo@aol.com none 409.866.4296 Dishman Martha NA 6665 Windwood martha.dishmgD@gmaiI.com none 409.860.0515 �Flowers Madelyn NA 6620 Woodridge mrnhf@aol.com 409.787.3341 Current resident Sloan Harden sloan1163@gmail.corn F Fontenot Dionne I Billy 1340 Woodpark dfont94@enteEgy.com 409.790.0759 409.866.4391 D. Fontenot mailing address: 5940 Woodway, Bmt, 77706 Fontenot Jimmy Charlote 11380 Woodpark subtvbmt@aol.com 409.782.5622 Architectural Foreclousure 16630 Woodridge Gautreaux Jimmy Carolyn 6680 Woodridge james.gautreaux@yahoo.com 409.656.5390 409.866.5323 Gill Deena 6675 Woodridge deenagil967@gmall.com 409.656.1248 Hyde Shannon NA 6660 Windwood shVdel564@gmail.com 409.781.8765 Kilpatrick Phyllis NA 1360 Woodpark mamieb(@vahoo.com none 409.860.541 Leighton Jack 6575 Windwood ifeighton28@gmaii.com none 409.896.5955 Loeb Fred Deborah 1320 Woodpark fredwloebl@aol.com 409.673.0637 1409.892.732Treasure Finance Mathews Pete Mary an 6690 Woodridge mmathews@gt.rr.com 409.781.1138 1409.866.2551 Member ry Marilyn NA 6615 Windwood mariivnmaurv@vmail.com 409.351.2248 1409.861.2278 ..ar Bob Pam SA 6570 Windwood bmeierphd@aol.com 409.782.63411409.658.022 Alternate Meyers Arline NA 6660 Woodridge maurarl@aol.com 409.499.2582 1409.866.4120 1 Munro Mary Jarrell Vi 6580 Windwood I mb3815C@hotmail.com 409.656.6572 1409.861.270IMember ILegal/pool Osborn Earl Shirley 6685 Windwood 1.earlosborn@sbcglobal.net 409.790.0819 1409.880.2705 1 Phillips Joshua Christy 16625 Windwood Imailfromicp@gmaii.com 972.571.7120 1 Rice Elizabeth NA 16675 Windwood lwatkevs@sbcglobal.net 409.782.1943 409.866.3806 Roy Ricky Anka 16635 Windwood Ifoy.arika@vahoo.com 1601.988.7619 1 Schaumburg lGeorge Anne 16655 Woodridge Ig.schaumburg@comcast.net 409.893.8042 409.893.8041 Simmons Jimmy, Susan 6670 Woodridge isimmonsOOE@gl.rr.com 409.893.0914 409.893.055( Presi en Susan.groun Stone Brad NA 6655 Windwood brad.stonegineos.com 757.817.5981 Street Sylvia NA 6665 Woodridge sylviast77651@yahoo.com 1409.718.5466 Tortorice Concetta NA 6695 Windwood rc@teaandcoffeg-america.com 1409.651.4806 409.860.5522 Tortorice RC I NA 6690 Windwood rc@teaandcoffeeamerica.com 1409.651.4806 409.842.9307 Truong Trung 6645 Windwood trungx2@gmail.com 409.466.6004 Williamson Judy NA 1370 Woodpark jawilliamson@exceed.com 1409.550.6870 409.892.8966 Wilson Sharon 1330 Woodpark swilson7646@gmail.com 409.781.3599 06.24.17 Ann Schaumburg P. O. Box 2230, Galveston, TX 77553 Cell 409/893-8041 e-mail anns@arnerieanrealestate.c As the owner of 6655 Woodridge, Lot 27 and E. 10' Lot 28, Woodpark Addition, Beaumont, Texas, I give my authority to Lynne Bordeaux to sign my name for me on the Street Maintenance Petition from Woodpark Home Owners Association to the City of Beaumont. Ann Schaumburg Date Date: To: From: Subject: BEAUMONT T E X A S Kyle Hayes, City Manager Dr- Joseph Majdalani, P.E., Public Works Director lr� --I / Wome Owners Association (HO) Subdivisions Breakdown — Oak Tram, Sandlewood Trail and Woodpark v are the Public Works/Engineering, Water Utilities and Fire Department - 110A request for the City of Beaumont to consider accepting the above as public streets. Tyrone Cooper, City Attorney has completed his Public Works Department — Oak Trace Subdivision Estimate for Street Repairs $365,000.00 Total $365,000.00 Water Department -:Oak Trace A review of the plat and construction plans show that the water and sewer lines are located within a 16 -foot -wide utility easement dedicated to the City of Beaumont, therefore, the City of Beaumont currently maintains the existing water and sewer lines. Fire Department — Oak Trace Chief Wheat and Fire Marshall Condina, H drove the neighborhood and looked at street access, turning radius, and hydrant locations and they are good with the locations. Sandlewood Trail Subdivision Public Works Department — Sandlewood Trail Estimate for new street/replacement $1,813,000.00 Estimate for drainage improvements 155,000.00 Total- $1,968,000.00 Water Doartment — Sandlewood Trail A review of the plat and construction plans show that the water and sewer lines are located within a utility easement dedicated to the City of Beaumont, therefore, the City of Beaumont currently maintains the existing water and sewer lines. Fire Department — Sandlewood Trail Chief Wheat and Fire Marshal Condina, 11 drove the neighborhood and looked at street access, turning radius, and hydrant locations and are good with the location. The only issue noticed was some concrete road cracking, but under current code the minimum roadway rating is 75,000 pounds which is not a big issue at this time unless the City assumes maintenance responsibility it may become a future issue. Woodpark Subdivision Public Works Doarhnent — Woodpark Estimate for new street/replacement $892,000.00 Estimate for drainage upgrades $194,000.00 Subtotal $1,086,000.00 Water Department — Woodpark &ater Lines) 1. A review of the plat and construction plans show that the entire water system is private and serviced by a single 6 -inch water meter, with one fire hydrant within the development. In order to bring the water line system to current standards, a water meter will need to be set in front of each home. 2. As with typical residential installations, the City would charge the standard fees for each meter. Estimated costs are: a. 1 -inch meter $540.00 b. 1-112 inch meter $990.00 c. 2 -inch meter $1,230.00 3. There are forty (40) residences, one (1) swimming pool, and landscaping irrigation system, totaling forty-two (42) services. (Assuming a 1 -inch meter is required for each service.) Subtotal $22,680.00 Water Department—'Woodpark (Sewer Lines) The existing private sanitary sewer system is made of PVC lines and were televised to properly assess their conditions. The lines were found to be in good condition, therefore no improvements are expected at this time. Fire Department — Woodpark Chief Wheat and Fire Marshal Condina, 11 drove the neighborhood and looked at street access, turning radius, and hydrant locations and are good with the location. Total cost for proposed improvements Woodpark $1,108,680.00 If you have any questions please do not hesitate to contact me. Attachments Cc: Chris Boone Joe B. Condina, II Harold Crochet Jr. Antoinette Hardy Molly Villarreal BEAU �v,4 ON T Publkworks om P/ ® 11b 17Date--SUbmitted foLegal beparffnent COMMENTS -City AttorhpL COMMENTS , Director of Public Works .14NIT®ate -SubmlfteA to Public WOWS. DirbGtor Dr Joseph Mjdalani, P.E. Date TO: Dr. Joseph Majdalani, P.E., Public Works Director FROM: Harold E. Crochet, Jr., Roadway Designer -II PREPARED BY: Harold E. Crochet, Jr., Roadway Designer -II DATE: December 7, 2017 i' ONWoodpark Resolution No.: 17-073 Guidelines for acceptance of private streets and infrastructure for maintenance by the City of Beaumont. Application Date: July 14, 2017 Site Visit Date: December 04, 2017 Street Comments: Woodpark Subdivision has one access point off Gladys Avenue. The pavement condition index was evaluated at 3 0-3 5 having longitudinal and lateral cracking and major failure at intersection. Due to age and current condition of road the City should expect make improvements in 1 years according to our Concrete Pavement Curves (See Attachinents). Segment 1, 2 and 3 are two way traffic. A new portion of pavement was constructed on Segment 3 but it appears drainage was not addressed. See Drainage Comments. Segment 1,2 and 3 have small islands with light poles and underground electric. We estimate 4460 S.Y. of street to be replaced and 1715 S.Y. of sidewalk to be constructed per subdivision requirements. We also recommend the residence maintain responsibility of upkeep on islands. Street Details: Width of Segment 1=26 -ft Length of Segment 1=472 -ft PCI=30-35 Width of Segment 2=26 -ft Length of Segment 2=472 -ft PCI=30-35 Width of Segment 3=26 -ft Length of Segment 3=600 -ft PCI=30-35 and PCI=100(Now Pavement) Thickness of Road = To Be Determined on December 7, 2017 Drainage Comments: Woodpark Subdivision properties and homes appear to be built right on the property line. This layout prohibits the properties to drain from the rear of the property to the front of the property. This will need to be addressed as it is in violation of current grading requirements. Failure to get the flow corrected could cause flooding for the properties and adjacent properties. The Curb inlets currently in place are in bad condition. They are constructed of brick and mortar and the inlets bottoms are beyond repair. New Cast - in -place inlets will be required. Further more, a hydraulic analysis needs to be performed for sizing the inlets and pipe. We recorded multiple 6 -inch PVC surface inlets along the road. This is not currently used per design requirements, TxDOT Hydraulic Analysis July -2016 Manual. All lines appear to be blocked with debris. Estimate for New Street/Replacement = $592,000 Estimate for Drainage Upgrades = $194,000 Total = $1,056,000 �nw 0 p7, No Text Date: December 7, 2017 To: Antoinette Hardy, Real Property Coordinator From: Molly Villarreal, P.E., Water Utilities Engineer Subject: Woodpark Subdivision Our office was involved in a review of the Woodpark Subdivision. This review and analysis was in response to a request for the City to accept the private streets and infrastructure for maintenance. The basis of our analysis is the "Guidelines for Acceptance of Private Streets and Infrastructure for Maintenance by the City of Beaumont" as adopted by City Council on April 11, 2017 by Resolution No. 17-073. Attached is a copy of the water and sanitary sewer maps for your reference. Water Line Items: 1. The existing development is served by a single 6 -inch water meter. The entire water system is private, with one fire hydrant within the development. 2. In order to bring the water line system to current standards, a water meter will need to be set in front of each home. a. As with typical residential installations, the City would charge the standard fees for each meter. Those costs are: i. 1 -inch meter - $540.00 ii. 1 -1/2 -inch meter -- $990.00 iii. 2 -inch meter -- $1,230.00 iv. There are 40 residences, 1 swimming pool, and landscaping irrigation system, totaling 42 services. Assuming a 1 -inch meter is required for each service, the total estimated cost comes to $22,680. Sewer Line Items: 1. The existing private sanitary sewer system is made of PVC lines. These lines were televised to properly assess their current condition. 2. These lines were found to be in good condition. No improvements are expected at this time. If you need any additional information, please call me at 785-3016. Dr. Joseph Majdalani, P.E., Public Works Director CITY UTILITIES WATER ADMINISTRATION 0 T 409.866.0026 F 409.861.4836 1350 Langham Beaumont, TX 77707 beaumonftexas.gov C07) m m C—) cr) LA OZZT OTET fie c* Go No 00 ci OlZT C-) 6ff- 1 —cr-, -71 Lfl < F- 13 SZZT � 7-D- - JAdl 9 S—S--S—S S ® SV) 06;ZT �l i4ANdO®ill 4 I 11 Ad 9� V) ONOO ii 8I C:) ,G) Lr) 00 CD Ln G) Ln 3: r) H =:® V, 0 0 =: o r- > r- rri (IS 11 OS) 0-) = w MIdwX Cf) C* . . . . . . . . . . . . M BE 0 - S,-813- idaH H ON 0 CD0 0- ::E -0 (D; cn CD cn 0 :3 00 3: > C) r) H X = 0 LP C) 0 =: 0 r- > r- rn r - Ln 3: r) H =:® V, 0 0 =: o r- > r- rri (IS 11 OS) 0-) = w MIdwX Cf) C* . . . . . . . . . . . . M BE 0 - S,-813- idaH H ON 0 CD0 0- ::E -0 (D; cn CD cn 0 :3 No Text Re: Private Streets Bengy Williams Mon 1214/2017 2:30 PM I To:Antoinette Hardy <Antoinette.H ardy@ Beau rnontTexas.gov>; Anne Huff <An ne.H uff@ Beau rnontTexas.gov>; cc:Joe Condina <Joe.Condina @Bea urnontTexas.gov>; Scott Wheat < Scott,Wheat@ Beau rnontTexas.gov>; Good Afternoon Antoinette, Solid Waste is currently picking up Sandlewood Trails and Oak Trace. If the residents continue to place their containers where they are currently placing the containers, Solid Waste has no concerns. Woodpark is a new edition for us. It's only 40 homes and if they place their containers in the front of their residents, Solid Waste will have no concerns. Thanks, Bengy Williams Operations Manager City of Beaumont , (409)842-1.483 (Office) (409)842-1722 (Fax) From: Antoinette Hardy Sent: Monday, December 4, 2017 11:22 AM To: Anne Huff; Bengy Williams Cc: Joe Condina; Scott Wheat Subject: Private Streets Good Morning, Our office has received 3 requests from Home Owner Associations for the City of Beaumont to accept their street as public. In order to provide the city manager our department's recommendation, we need your department to provide comments of any concerns your department will have- if the City accepts the streets. Please review the following ' HOA requests and provide your recommendations to me by noon on Friday, December 8, 201.7: (Kyle is wanting our report to him on Monday morning so please try to get your report to me by 12 noon on Friday) 1. - Sandlewood Trails 2. Woodpark 3. Oak Trace Your immediate assistance in this matter is greatly appreciated. Thanks in advancedffl Be blessed, Antoinette Hardy Real Property Coordinator 0: 409.880.3275 D: 409.380.3152 E: Antoinette. "The information Contained in this transmission may contain privileged and confidential information. It is intended only for the use of the person(s) named above. If you are not the intended recipient, you are hereby notified that any review, dissemination, distribution or duplication of this communication is strictly prohibited" x Re: Private Streets Joe Condina Wed 12/6/2017 9A8 AM To:Antoinette Hardy <Antoinette.Hardy@BeaumontTexas.gov>; Anne Huff <Anne. Huff@ BeaumontTexas.gov>; Bengy Williams <Bengy.Williams@ Beau montTexas.gov>; ccScott Wheat < Scott.Wheat@ Beau montTexas.g ov>; Hello Antoinette, Chief Wheat and 1 drove all 3 of these neighborhoods yesterday and looked at street access, turning radius, and hydrant locations. We are good with all the locations, if they were being built today we would have some different turning radius's and hydrant placement but this is not a major concern since we have covered these areas since their inception. The only other issue is in the Sandalwood Trails neighborhood. Again since we send apparatus there now it should not matter but we noticed some concrete road cracking. Under current code the minimum roadway rating is 75, 000 pounds. Probably not a big deal but with the city taking future maintenance responsibility, that might should be looked at. Hope this helped, if you have any other questions please let us know. Have a Great Day Joe B Condina II Fire Marshal From: Antoinette Hardy Sent: Monday, December 4, 2017 11:22 AM To: Anne Huff; Bengy Williams Cc: Joe Condina; Scott Wheat Subject: Private Streets Good Morning, Our office has received 3 requests from Home Owner Associations for the City of Beaumont to accept their street as public. In order to provide the city manager our department's recommendation, we need your department to provide comments of any concerns your department will have if the City accepts the streets. Please review the following HOA requests and provide your recommendations to me by noon on Friday, December 8, 2017: (Kyle is wanting our report to him on Monday morning so please try to get your report to me by 12 noon on Friday) 1. Sandlewood Trails 2. Woodpark 3. Oak Trace Your immediate assistance in this matter is greatly appreciated. Thanks in advanced!!! Be blessed, Antoinette Hardy Real Property Coordinator 0: 409.880.3275 D: 409.880.3162 E: Antoinette.Hardy@BeaumontTexas.gov "The information contained in this transmission may contain privileged and confidential information. It is intended only for the use of the person(s) named above. if you are not the intended recipient, you are hereby notified that any'reView, dissemination, distribution or duplication of this communication is strictly prohibited" RESOLUTION NO. 17-073 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Council hereby approves guidelines for acceptance of private streets and infrastructure for maintenance by the City of Beaumont, as described in Exhibit "A," attached hereto and made a part hereof for all purposes. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 11th day of April, 2017. w kflh�K-W&r V 9' (Pay�or Becky 9(mes - INFRASTRUCTURE O. BY r THE CITY OF BEAUMONT Procedures 1. To initiate the process for acceptance of a private street and infrastructure, a written letter must be submitted to the City Manager for consideration. The letter shall be signed by the representative of the property owners' association (the "Association") or the rightful owner authorized to dedicate the streets and infrastructure for public use. The application must include copies of the recorded plat of all streets to be dedicated, any applicable easement documents, any records of construction and repair of the streets and infrastructure and any and all deed restrictions and home owners association rules and amendments thereto. Upon the City's initial review, additional information may be requested. The City will consider requests received on a first-come, first served basis. 2. The Public Works Director (the "Director") will inspect each street and infrastructure to determine the condition. 3. The City Manager and staff will review and prepare the request for consideration by the Planning Commission and the City Council. The Planning Commission will review the proposal and make a recommendation to the City Council. The City Council shall thereafter determine acceptance or rejection of the street and infrastructure. 4. If the City Council accepts the street(s) and infrastructure, the Director shall notify the applicant of same. Additional Standards For Acceptance 1. Trees, boulders and other large obstacles (other than mailboxes) located within three (3) feet of the pavement shall be removed by the applicant if determined by the Director to be unsafe or a traffic hazard. Other Conditions of Acceptance: Maintenance 1. The City will document by photographic evidence, engineering reports, plans and tests, the condition, composition and configuration (including pavement thickness and width) of the street at the time of application. If accepted, the City will have no obligation to improve the condition or configuration of the street and/or infrastructure. 2. The Association shall maintain all entrance monuments to subdivisions, including lighting, painting, repairs and maintenance. If in conflict with City standards, monuments may need to be altered or removed at the expense of the Association or owner. 3. The City will remove all trees on the right-of-way that die after the streets have been accepted. Replacement of trees will be within the sole discretion of the City. All other landscaping will be performed at the expense of the Association or owner. 4. Entrance gates that prevent public access to streets, speed bumps and any other traffic obstructions or devices will not be allowed on city maintained streets and must be removed at the Association's or owner's expense. 5. Acceptance by the City of the responsibility to maintain streets does not include the responsibility for maintenance of landscaping within the street right-of-way, landscaped portions of cul-de-sacs, common ground, streetlights, or mailboxes within the right-of- way. 6. As a condition of acceptance by the City of any street pursuant to these guidelines, any and all documents deemed necessary by the City for final acceptance shall be executed by the Association or owner. 3 -OB: Request for the conveyance and dedication of private stri rastructure to the City of Beaumont ,plicant: President of the Woodpark Homeowners Association cation: Woodpark Subdivision 0 Feet VVEMIMI11 � IME 1 11 � 11111 V 11 1 1l11II!I!IJlll1 1111K�� I. WIN: M PTO WLTSTI WIM IM i M - Require the submission and filing of a preliminary and final plat to be paid for by the applicants. Identification of private common areas and facilities on the final plat anm placement of a note on the final plat stating that maintenance of the areas is to be provided by the Home Owners Association. I • Water meters must be installed according to Water Department specifications. THAT the statements and findings set out in the preamble to this resolution are hereby, a 0 0 . 0 0 0 -• . 8 .•••'-• Z 0 THAT City Council approves the request to convert the private streets and other infrastructure for Woodpark Subdivision to public ownership subject to satisfying the Require the submission and filing of a preliminary and final plat,to be paid for by the applicants. Identification of private common areas and facilities on the final plat anM placement of a note on the final plat stating that maintenance of the areas is to be provided by the Home Owners Association. I • Water meters must be installed according to Water Department specifications. The meeting at which this resolution was approved was in all things conducted Chapter 551. WOMMOZ111F.3 [31,111111 RPM 111111 1 MUTIGUMS WEE � A WMIFi Consider a request to convert the private streets and other infrastructure to public ownership within the Oak Trace Subdivision TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Chris Boone, Planning & Community Development Director MEETING DATE: April 24, 2018 REQUESTED ACTION: Consider a request to convert the private streets and other infrastructure to public ownership within the Oak Trace Subdivision. BACKGROUND Bernadette Toups, President of the Oak Trace Homeowners Association, has requested that the City of Beaumont accept maintenance of the private street known as Oak Trace, and its infrastructure. The City recently adopted a process for the conversion of private streets and other infrastructure to public ownership and maintenance (see attached). Also attached is an analysis of the condition of the existing private infrastructure, conducted by the Public Works Department. If this application is approved by City Council, an amended subdivision plat will be necessary to convey the property and infrastructure as well as accurately reflect rights-of-way and other public easements and facilities on the recorded plat. If approved, the applicant will need to submit an application for this amended subdivision plat. One additional issue to consider which common elements should be accepted, including alleyways, driveways, common areas parking and landscaped medians and recreational areas. Staff recommends that all streets, water, sewer and drainage facilities be conveyed for public ownership and maintenance, but that maintenance of all common areas, including alleys, parking areas, medians, play areas and other common areas, continue to be the responsibility of the Home Owners Association. At a Joint Public Hearing held on April 16, 2018, the Planning Commission recommended 9:0 to approve a request for the conveyance and dedication of private streets and infrastructure to the City of Beaumont with the following conditions: 1. Require the submission and filing of a preliminary and final plat to be paid for by the applicants. 2. Identification of private common areas and facilities on the final plat and placement of a note on the final plat stating that maintenance of these areas is to be provided by the Home Owners Association. FUNDING SOURCE Not applicable. RECOMMENDATIONS Approval of the resolution with the following conditions: 1. Require the submission and filing of a preliminary and final plat to be paid for by the applicants. 2. Identification of private common areas and facilities on the final plat and placement of a note on the final plat stating that maintenance of these areas is to be provided by the Home Owners Association. Attestation by President of Oak Trace Homeowners Association Relating to Request That City of Beaumont Accept Oak Trace Private Street and Infrastructure for Maintenance by City of Beaumont 1. I am Bernadette Toups. I am the duly elected and qualified president of the Oak Trace Homeowners Association ("OTHA"). I have held this position since approximately 2008. I am one of the record owners of Lot 11 of the Oak Trace Subdivision. 2. As requested by the City of Beaumont, I provide this attestation to confirm that, pursuant to Article III, Section 1 of the recorded document titled "Declaration of Covenants, Conditions and Restrictions Oak Trace Beaumont, Texas" (the "Declaration"), over two-thirds of the OTHA members have voted in writing to request that the OTHA private street known as Oak Trace, and its infrastructure, be accepted by the City of Beaumont for maintenance. 3. The Oak Trace Subdivision consists of twenty lots and a Common Area. This is shown in that certain plat labeled "Oak Trace Addition" and filed of record in Official Public Records of Jefferson County, Texas as document 8420491. Included within the Common Area shown on that plat is a private drive, also shown on the plat, and known as the Oak Trace street. I am familiar with all twenty lots, the Common Area and the Oak Trace street. I know the current record owners of each of the twenty lots in the Oak Trace Subdivision, by personal acquaintance and name. 4. Under Article IV, Section 2 of the Declaration, OTHA membership voting is done based on lot ownership, with all owners of a lot collectively being considered as one member for voting purposes. Thus OTHA, with these 20 lots, has 20 members for voting purposes, even though some lots, for example, have a husband and wife as record owners while other lots have only a husband as record owner. And, under that Section 2, for example, a husband and wife who are owners of a lot can determine between themselves how they collectively as a member will cast that vote, and one of them can cast that vote. 5. I presided over an OTHA meeting on May 10, 2017, in which all members present represented ownership of 11 of the 20 lots for voting purposes, and all present voted orally in favor of having the City of Beaumont accept the Oak Trace street and its infrastructure for maintenance. 6. Shortly after that meeting, I began contacting the record owners of the Oak Trace lots to try to obtain their signatures on a petition in the form prescribed by the City of Beaumont which would evidence their votes, based on lot ownership, to request that the OTHA private street known as Oak Trace, and its infrastructure, be accepted by the City of Beaumont for maintenance. 7. Attached as Exhibit 1 is a true copy of a Petition for Acceptance of Private Streets and Infrastructure ("Petition") that has been signed by OTHA members who are record owners of 15 of the 20 Oak Trace lots. Based on the Article IV, Section 2 voting standard; these signatures constitute a vote of 15 of the 20 OTHA members based on lot ownership, which is greater than the two two-thirds vote required by Article III, Section 1. This number of written votes increases to 18 of the 20 OTHA members when Oak Trace lots 2, 3, and 16, are considered, because as to those three lots the Petition was signed by a non -record owner wife whose record owner husband authorized her to sign. I personally obtained these signatures on this Petition at times between May 10, 2017 and the date of my signature shown below. 8. Thus, I hereby attest that Exhibit 1 constitutes a written vote by over two-thirds of the OTHA members to request that the OTHA private street known as Oak Trace, and its infrastructure, be accepted by the City of Beaumont for maintenance. g �P fi'f'✓CJ 6l.�''�✓^� L.-.�` rl�..✓!�� -tom%`"'� Bernadette Toups Signed on September d 2017 2 B LIM C!_ 1' E` X - A 8 PUMLIC WORKS DEPARTIAMEENTIJEENG IN E. -KERING DUIVISION PETITION FOR A C-CEPTANCE OF PRIV-ATIE STIREETS AND INFRUSTRUCTUIRE, The 011dersigned OW"efs OfTekd property. abutting OF 110-411—c' sole le al access to the hereafter road 1,11 the Cite of Beawriol.1t 0 Jefferson Comity, Texas, do here -by file -this, tile -petition, it, on, 11"1t11 the Cit) of Beaumont. A nifti'-ity 01 of Support (two-thirds) by the property ovvIlels is required to initiate the acceptance 'lie streets and illfi-Els1ructure by the City m of Beauont Of PFiv, A copy of Resolution No, 17 073 approved by City C01111ci] is attached provid"10 the guidell-li es for accc-L*Illcc Of Private streets and infingstrLictIlre for jjjafilfcnalacc by the N''clille- of Subdivision: BOA President Colltact I-Ufo.T M-afion: Phone: Lxhrb;l 1 FRJNnDNAAlAlE-4 &-ADDRIMS SS Gast has le,- i h le) SIC -NATURE ]PARCEL ID NUMBER 10 nu- i1 a r-) VN 7 14 Oak 17 MOL rL ,j el 1,2 - 19 0'a 20 co lvfv g5 jc,-(�6 211 221 1231 1 24 25 Date: To: From: Subject: SEAUUMONT T E X A 4 January 24, 2018 Kyle Hayes, City Manager Dr. Joseph Majdalani, P.E., Public Works Director —Pl S an dlewo 0; d Trail and Wo ol d -Dark C® NTS Affached for your review are the Public Works/Engineering, Water Utilities and Fire Department recommendations for the HOA request for the City of Beaumont to consider accepting the above mentioned subdivisions as public streets. Tyrone Cooper, City Attorney has completed his Oak, Trace Subdivision Public Works Deparhuent — Oak Trace 19silmatedor sir6et Repairs $365,000.00 Total $365,000.00 Water Devartment — Oak Trace A to th Fire Dep, Cl ae sated within a 16 -foot wird erefore, the City of, Beaurn ruction plans show that the water and sewer lines are utility easement dedicated to the City of Beaumont, nt currently maintains the existing water and sewer lines. T Wheat and Fire Marshall Condina, II drove the neighborhood and looked at street ss, turning radius, and hydrant locations and they are good with the locations. Sandlewood Trail Subdivision for drainage improvements $1,813,000.00 155,000.00 Total $1,963,000.00 Water Department — Sandlewood Trail A review of the plat and construction plans show that the water and sewer lines are located within a utility easement dedicated to the City of Beaumont, therefore, the City of Beaumont currently maintains the existing water and sewer lines. Fire Department — Sandlewood Trail Chief Wheat and Fire Marshal Condina, R drove the neighborhood and looked at street access, taming radius., and hydrant locations and are good with the location. The only issue noticed was some concrete road cracking, but under current code the minimum roadway rating is 75,000 pounds which isnot a big issue at this time unless the City assumes maintenance responsibility it may become a future issue. Woodpark Subdivision Public Works DEpartment — Woodpark Estirnate for new street/replacement Estimate for drainage upgrades Water Dmartment — Woodvark (Water Lines $892,000.00 $194,000.00 Subtotal $1,086,000.00 1. A review of the plat and construction plans show that the entire water system is private and serviced by a single 6 -inch water meter, with one fire hydrant within the development. In order to bring the water line system to current standards, a water meter will need to be set in front of each home. 2. As with typical residential installations, the City would charge the standard fees for each meter. Estimated costs are: a. 1 -inch meter $540.00 b. 1-1/2 inch meter $990.00 c. 2 -inch meter $1,230.00 3. There are forty (40) residences, one (1) swimming POOL and landscaping irrigation system, totaling forty-two (42) services. (Assuming a 1 -inch meter is required for each service.) Subtotal $22,680.00 Water Department — Woodipark (Sewer Lines) The existing private sanitary sewer system is made of PVC lines and were televised to properly assess their conditions. The lines were found to be in good condition, therefore no improvements are expected at this time. Fire Department — Woodpark Chief Wheat and Fire Marshal Condina, H drove the neighborhood and looked at street access, turning radius, and hydrant locations and are good with the location. ' Total cost for proposed improvements Woodparlc $1,108,680.00 If you have any questions please do not hesitate to contact me. Attachments Cc: Chris Boone Joe B. Condina, II Harold Crochet Jr. Antoinette Hardy Molly Villarreal Mc)EAUA ONT Public Works PRIVATE STREET — INTEROIFY ro ICE REPORT FORIMI Reqijiesf for Accepta nee of Name . of Subdivision OiK Ira - Request Date: 8+11 UM MMM Um MUM MW om Vom =0 mm MU =M M= MWIN MW so= mm mm ate Submitted to Legal Department COMMENTS — City Attorney 10,0 WIN 111 11 1 Wfimzw�, g Dr. Joseph Majdalani, P.E. Date TO: Dr. Joseph Majdalani, P.E., Public Works Director FROM: Harold E. Crochet, Jr., Roadway Designer -II PREP D BY: Harold E. Crochet, Jr., Roadway Designer -II DA F,: December 7, 2017 IN-yr-ITITHA-1,`w •. Resolution No.: 17-073 Guidelines for acceptance of private streets and infrastructure for maintenance by the City of Beaumont. Application Date: August 01, 2017 Site Visit Date: December 04, 2017 Street Comments: Oaktrace Subdivision has one access point off Delaware Street. The pavement condition index was evaluated at 40-45 having longitudinal and lateral cracking and localized failures. Due to age and current condition of road the City should expect make improvements in 10 years according to our Concrete Pavement Curves (See Attachments). Segment 1 is two way traffic and Segment 2 is one way traffic. At least half the road width for a majority of segment two would need to be replaced, approximately 1811 S.Y.. Sidewalks are needed per subdivision development, approximately 865 S.Y.. Trees in the island will eventually have a large impact on the pavement. We can only assume this is what is currently causing damages to Segment 2. Currently shown on the Final Plat is a 90 -ft right of way with 45 -ft radius on Segment 2. We also recommend the residence maintain responsibility of upkeep on island. ,Street Details: Width of Segment 1=26 -ft Length of Segment 1=264 -ft Width of Segment 2=23 -ft Length of Segment 2=1418 -ft Thickness of Road = To Be Determined on December 7, 2017 Right of Way Required = Drainage Comments: Oaktrace Subdivision properties appear to be draining from the rear of the property to the front of the property as required by our current grading permit. The South Side of the Subdivision is paralleled by Drainage District 6 Concrete lined ditch. The Streets have 3 Curb Inlets that appear to be in the sag of the road. Ponding water was recorded in the curves of one way streets. The inlets were inspected and found to be in good condition. The drainage system consist of 24 -inch and 36 -inch reinforced concrete pipe. The lines are to be inspected when crews are available for Televising. A dedicated drainage easement needs to be provided between Lots 9 and 10. It is currently shown as a Utility Easement. ]Estimate for Street repairs = $365,000 Estimate for New Sidewalks per Subdivision Requirements = $69,000 Total = $434,000 No Text No Text Date: October 2, 2017 To: Zheng Tan, P.E., City Engineer From: Molly Villarreal, P.E., Water Utilities Engineer Subject: Oak Trace Subdivision Our office has reviewed the Oak Trace Subdivision. This review and analysis was in response to a request for the City to accept the private streets and infrastructure for maintenance. A review of the plat and construction plans shows that the water and sanitary sewer lines are located within a 16 -foot wide utility easement dedicated to the City of Beaumont. Water Line Items: 1. The existing water lines are currently maintained by the City of Beaumont. Sewer Line Items: 1. The existing water lines are currently maintained by the City of Beaumont. Attached is a copy of the water and sanitary sewer maps for your reference. A detailed review of the work order history for the development can be performed, if needed. If you need any additional information, please call me at 785-3016. Antoinette Hardy, Real Property Coordinator Dr. Joseph Majdalani, P.E., Public Works Director CITY UTILITIES WATER ADMINISTRATION 0 T 409.866.0026 F 409.861.4836 1350 Langham Beaumont, TX 77707 beaumonttexas.gov Wo DAd LA 00 LAI) CD Ail �IIVNN`A S 3 FMT Cc/) 4� 0-) rr— 'C3 I A co CD Uri 00 —C _------�-)-- 119 OAd 9 c7, C*N cc-) In cc-) ON PQ CIA C) cx 00 OAd 0 Mr - 00 w FTI qGo co C> C/) IH 19 10 - -- —i C" 8 PVC X14 c WON Wo a WO Re: Private Streets Joe Condina Wed 12/6/2017 9:48 AM To:Antoinette Hardy <Antoinette.Hardy@ BeaumontTexas.gov>; Anne Huff <Anne.Huff@Bea umontTexas.gov>; Bengy Williams <Bengy.Williams@ Beau montTexas.gov>; cc:Scott Wheat <Scott.Wheat@ Beau montTexas.gov>; Hello Antoinette, Chief Wheat and I drove all 3 of these neighborhoods yesterday and looked at street access, turning radius, and hydrant locations. We are good with all the locations, if they were being built today we would have some different turning radius's and hydrant placement but this is not a major concern since we have covered these areas since their inception. The only other issue is in the Sandalwood Trails neighborhood. Again since we send apparatus there now it should not matter but we noticed some concrete road cracking. Under current code the minimum roadway rating is 75, 000 pounds. Probably not a big deal but with the city taking future maintenance responsibility, that might should be looked at. Hope this helped, if you have any other questions please let us know. Have a Great Day Joe B Condina 11 Fire Marshal From: Antoinette Hardy Sent: Monday, December 4, 2017 11:22 AM To: Anne Huff; Bengy Williams Cc: Joe Condina; Scott Wheat Subject: Private Streets Good Morning, Our office has received 3 requests from Home Owner Associations for the City of Beaumont to accept their street as public. In order to provide the city manager our department's recommendation, we need your department to provide comments of any concerns your department will have if the City accepts the streets. Please review the following HOA requests and provide your recommendations to me by noon on Friday, December 8, 2017: (Kyle is wanting our report to him on Monday morning so please try to get your report to me by 12 noon on Friday) 1. Sandlewood Trails 2. Woodpark 3. Oak Trace Your immediate assistance in this matter is greatly appreciated. Thanks in advancedM Be blessed, Antoinette Hardy Real Property Coordinator 0: 409.880.3275 D: 409.880.3152 E: Antoinette. Harc[Xp� "The information contained in this transmission may contain privileged and confidential information. It is intended only for the use of the person(s) named above. If you are not the intended recipient, you are hereby notified that any review, dissemination, distribution or duplication of this communication is strictly prohibited" Re: Private Streets Bengy Williams Mon 12/4/2017 2,30 PM To:Antoinette Hardy <Antoinette. Hardy@Bea urnontTexas.gov>; Anne Huff <Anne.H uff@ Beau nnontTexas.gov>; cc:Joe Condina <Joe.Condina@BeaumontTexas.gov>; Scott Wheat <Scott.Wheat@BeaumontTexas.gov>,- Good Afternoon Antoinette, Solid Waste is currently picking up Sandlewood Trails and Oak Trace. If the residents continue to place their containers where they are currently placing the containers, Solid Waste has no concerns. Woodpark is a new edition for us. It's only 40 homes and if they place their containers in the front of their residents, Solid Waste will have no concerns. Thanks, Bengy Williams Operations Manager City of Beaumont (409)842-1483 (Office) (409)842-1722 (Fax) From: Antoinette Hardy Sent: Monday, December 4, 2017 11:22 AM To: Anne Huff; Bengy Williams Cc: Joe Condina; Scott Wheat Subject: Private Streets Good Morning, Our office has received 3 requests from Home Owner Associations for the City of Beaumont to accept their street as public. In order to provide the city manager our department's recommendation, we need your department to provide comments of any concerns your department will have if the City accepts the streets. Please review the following HOA requests and provide your recommendations to me by noon on Friday, December 8, 2017: (Kyle is wanting our report to him on Monday morning so please try to get your report to me by 12 noon on Friday) 1. Sandlewood Trails 2. Woodpark 3. Oak Trace Your immediate assistance in this matter is greatly appreciated. Thanks in advanceclM Be blessed, Antoinette Hardy Real Property Coordinator 0: 409.880.3275 D: 409.880.3152 E: Antoinette.Hardy@Beaumonttexas.gov [in "The information contained in this transmission may contain privileged and confidential information. It is intended only for the use of the person(s) named above. If you are not the intended recipient, you are hereby notified that any review, dissemination, distribution or duplication of this communication is strictly prohibited" RESOLUTION NO. 17-073 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Council hereby approves guidelines for acceptance of private streets and infrastructure for maintenance by the City of Beaumont, as described in Exhibit 'A" attached hereto and made l a part hereof for all purposes. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 11th day of April, 2017. 01*orbe cky9(mes - �"I .. INFRASTRUCTURE O. MAINTENANCE BY THE CITY OF BEAUMONT Procedures 1. To initiate the process for acceptance of a private street and infrastructure, a written letter must be submitted to the City Manager for consideration. The letter shall be signed by the representative of the property owners' association (the "Association") or the rightful owner authorized to dedicate the streets and infrastructure for public use. The application must include copies of the recorded plat of all streets to be dedicated, any applicable easement documents, any records of construction and repair of the streets and infrastructure and any and all deed restrictions and home owners association rules and amendments thereto. Upon the City's initial review, additional information may be requested. The City will consider requests received on a fust -come, first served basis. 2. The Public Works Director (the "Director") will inspect each street and infrastructure to determine the condition. 3. The City Manager and staff will review and prepare the request for consideration by the Planning Commission and the City Council. The Planning Commission will review the proposal and make a recommendation to the City Council. The City Council shall thereafter determine acceptance or rejection of the street and infrastructure. 4. If the City Council accepts the street(s) and infrastructure, the Director shall notify the applicant of same. Additional Standards For Acceptance 1. Trees, boulders and other large obstacles (other than mailboxes) located within three (3) feet of the pavement shall be removed by the applicant if determined by the Director to be unsafe or a traffic hazard. Other Conditions of Accotance: Maintenance 1. The City will document by photographic evidence, engineering reports, plans and tests, the condition, composition and configuration (including pavement thickness and width) of the street at the time of application. If accepted, the City will have no obligation to improve the condition or configuration of the street and/or infrastructure. 2. The Association shall maintain all entrance monuments to subdivisions, including lighting, painting, repairs and maintenance, If in conflict with City standards, monuments may need to be altered or removed at the expense of the Association or owner. The City will remove all trees on the right-of-way that die after the streets have been accepted. Replacement of trees will be within the sole discretion of the City. All other landscaping will be performed at the expense of the Association or owner. Entrance gates that prevent public access to streets, speed bumps and any other traffic obstructions or devices will not be allowed on city maintained streets and must be removed at the Association's or owner's expense. Acceptance by the City of the responsibility to maintain streets does not include the responsibility for maintenance of landscaping within the street right-of-way, landscaped portions of cul-de-sacs, common ground, streetlights, or mailboxes within the right -of- way - 6. As a condition of acceptance by the City of any street pursuant to these guidelines, any and all documents deemed necessary by the City for final acceptance shall be executed by the Association or owner. 31-OB: Request for the conveyance and dedication of private streets and ifrastructure to the City of Beaumont pplicant: President of the Oak Trace Homeowners Association ocation: Oak Trace Subdivision 0 100 200 300 400 1 1 1 1 1 1 Feet RESOLUTION NO. WHEREAS, on April -it), 2018, the City OT Beaumont Planning Commlssiuii recommended the approval of a request for the conveyance and dedication of private streets and infrastructure to the City of Beaumont for Oak Trace Subdivision with the following conditions: Require the submission and filing of a preliminary and final plat to be paid for by the applicants. Identification of private common areas and facilities on the final plat and placement of a note on the final plat stating that maintenance of these areas is to be provided by the Home Owners Association. WHEREAS, City Council finds that the request to convert the private streets and other infrastructure to public ownership is in the best interest of the City of Beaumont; 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 City Council approves the request to convert the private streets and other infrastructure for Oak Trace Subdivision to public ownership subject to satisfying the following conditions: Require the submission and filing of a preliminary and final plat to be paid for by the applicants. Identification of private common areas and facilities on the final plat and placement of a note on the final plat stating that maintenance of these areas is to be provided by the Home Owners Association. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 24th day of April, 2018. - Mayor Becky Ames - El K f �I Consider a request for the conveyance and dedication of private streets and infrastructure in the Sandlewood Subdivision to the City of Beaumont El April 24, 2018 Consider a request to convert the private streets and other infrastructure to public ownership within the Sandlewood Subdivision TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Chris Boone, Planning & Community Development Director MEETING DATE: April 24, 2018 REQUESTED ACTION: Consider a request to convert the private streets and other infrastructure to public ownership within the Sandlewood Subdivision. BACKGROUND Morgan L. Hawkins, President of Sandlewood Trail Homeowners Association, has requested that the City of Beaumont accept maintenance of the private street known as Sandlewood Trail, and it's infrastructure. The City recently adopted a process for the conversion of private streets and other infrastructure to public ownership and maintenance (see attached). Also attached is an analysis of the condition of the existing private infrastructure, conducted by the Public Works Department. If this application is approved by City Council, an amended subdivision plat will be necessary to convey the property and infrastructure as well as accurately reflect rights-of-way and other public easements and facilities on the recorded plat. If approved, the applicant will need to submit an application for this amended subdivision plat. One additional issue to consider which common elements should be accepted, including alleyways, driveways, common areas parking and landscaped medians and recreational areas. Staff recommends that all streets, water, sewer and drainage facilities be conveyed for public ownership and maintenance, but that maintenance of all common areas, including alleys, parking areas, medians, play areas and other common areas, continue to be the responsibility of the Home Owners Association. At a Joint Public Hearing held on April 16, 2018, the Planning Commission recommended 9:0 to approve a request for the conveyance and dedication of private streets and infrastructure to the City of Beaumont with the following conditions: 1. Require the submission and filing of a preliminary and final plat to be paid for by the applicants. 2. Identification of private common areas and facilities on the final plat and placement of a note on the final plat stating that maintenance of these areas is to be provided by the Home Owners Association. 3. Speed bumps are to be removed. FUNDING SOURCE Not applicable. RECOMMENDATIONS Approval of the resolution with the following conditions: 1. Require the submission and filing of a preliminary and final plat to be paid for by the applicants. 2. Identification of private common areas and facilities on the final plat and placement of a note on the final plat stating that maintenance of these areas is to be provided by the Home Owners Association. 3. Speed bumps are to be removed. City of Beaumont Public Works C)epartment/Engineering ivision I here assert, as true and correct, the forty signatures and addresses that appear on our petition requesting that you accept Sandelwood Trail as a public street. The names on the petition are those of 77% of our addition's property owners. MMM��MIIMG83= 1. 0 d This instrument was acknowledged bef ore me on August -24, 2017 by Morgan L. Hawkins as President of Sandelwood Trail Homeowners &• 6� C My commission expires: LAUREN ROWLAND Notary public State of Texas Commission Expires September 16, 2019, B I[IM Ai [I M 0 ti PUBLIC WORKS DEPARTMENT/ENGINEERING DIVISION PETITION FOR ACCEPTANCE OF PRIVATE STREETS ANIS INFRASTRUCTURE The undersigned owners of real property abutting or having sole legal access to the hereafter road in the City of Beaumont, Jefferson County, Texas, do hereby file this, their petition, with the City of Beaumont. A majority of support (two-thirds) by the property owners is required to initiate the acceptance of private streets and infrastructure by the City of Beaumont. A copy of Resolution No. 17-073 approved by City Council is attached providing the guidelines for acceptance of private streets and infrastructure for maintenance by the City of Beaumont as labeled Exhibit "A". Name of Subdivision: 6'61fV d 2 HOA President Contact Information: Name:_. Phone: 6 Email: PRINTED NAME & ADDRESS SIGNATURE PARCEL ID NUMBER (must be legible) 5'A k'� / 00 3 q4 a 3 4 sm 5 V 7n 1A Yn PQ - 6 Se O'Sctndei )0d C 60 7 6 PRINTED NAME & ADDRESS P URE SIGNATURE PARCEL ID NUMBER (must be legible) 10 1 Leo /d vs e L- e 12 L Fro.; 1 -44-5 13 ��AJOEC--v-fd0t> '-4�LaWd(J f�, IR44, If 14 qf e y I- _r 15 Z—A5 16 17 cQ 18 19 A Fr3c, 20 a OL avat, —17 19 0 el� JL R-L o, CA 22 o o Jarv"c". L4 CK-K 61 � ( 0 c tofr\- LqLf 23 24 L 3-7 �3-7 V-Dv cl 25 &�6,t ^ .^ PRINTED NAME & ADDRESS SIGNATURE PARCEL ID NUMBER (must he legible) A 'Hem 28 29 30 31 32 coA 33 34 36 37 38 A 06 1 39 r 40 p,4 To: From: Subject: I&NIXT91 IV? 410)111 1 CLty of Beaumont, Tex January 24, 2018 Kyle Hayes, City Manager Dr. Joseph Majdalani, P.E., Public Works Director J -10A-1 Home Owners Association (HOA) Subdivisions Breakdown — Oak Trace, Sandlewood Trail and Woodpark COMMENTS Attached for your review are the Public Works/Engineering, Water Utilities and Fire Department recommendations for the HOA request for the City of Beaumont to consider accepting the above -visions as public streets. Tyrone Cooper, City Attorney has completed his mentioned subdi n review. Oak Trace Subdivision Public Works Department — Oak Trace Estimate for Street Repairs $365,000.00 Total $365,000.00 Water Department — Oak Trace A review of the plat and construction plans show that the water and sewer lines are located within a 16 -foot wide utility easement dedicated to the City of Beaumont, therefore, the City of Beaumont currently maintains the existing water and sewer lines. Fire Department — Oak Trace Chief Wheat and Fire Marshall Condina, 11 drove the neighborhood and looked at street access, turning radius, and hydrant locations and they are good with the locations. Sandlewood Trail Subdivision Public Works Department — Sandlewood Trail Estimate for new street/replacement $1,813,000.00 Estimate for drainage improvements 155,000.00 Total $1,968,000.00 Water Department — Sandlewood Trail A review of the plat and construction plans show that the water and sewer lines are located within a utility easement dedicated to the City of Beaumont, therefore, the City of Beaumont currently maintains the existing water and sewer lines. Fire Department — Sandlewood Trail Chief Wheat and Fire Marshal Condina, II drove the neighborhood and looked at street access, turning radius, and hydrant locations and are good with the location. The only issue noticed was some concrete road cracking, but under current code the minimum roadway rating is 75,000 pounds which is not a big issue at this time unless the City assumes maintenance responsibility it may become a future issue. PAM 1r�.- Public Works Department — Woodpark Estimate for new street/replacement $892,000.00 Estimate for drainage upgrades $194,000.00 Subtotal $1,086,000.00 Water Department — Woodpark (Water Lines) 1. A review of the plat and construction plans show that the entire water system is private and serviced by a single 6 -inch water meter, with one fire hydrant within the development. In order to bring the water line system to current standards, a water meter will need to be set in front of each home. 2. As with typical residential 'installations, the City would charge the standard fees for each meter. Estimated costs are: a. 1 -inch meter $540.00 b. 1-1/2 inch meter $990.00 c. 2 -inch meter $1,230.00 3. There are forty (40) residences, one (1) swimming pool, and landscaping irrigation system, totaling forty-two (42) services. (Assuming a 1 -inch meter is required for each service.) Subtotal $22,680.00 Water Department — Woodpark (Sewer Lines) The existing private sanitary sewer system is made of PVC lines and were televised to properly assess their conditions. The lines were found to be in good condition, therefore no improvements are expected at this time. Fire Department — Woodpark Chief Wheat and Fire Marshal Condina, H drove the neighborhood and looked at street access, turning radius, and hydrant locations and are good with the location. ' Total cost for proposed improvements Woodpark $1,108,680.00 If you have any questions please do not hesitate to contact me. Attachments Cc: Chris Boone Joe B. Condina, II Harold Crochet, Jr. Antoinette Hardy Molly Villarreal BEAUMONT PublicWorics PPMATESTREET-WTEiROFrICEREIPO-RTFOR--Vf Request foo- Acce.ptamce of Mainteuance Name of Subdivision JAKAICUML raul Request Date; 7'7' 11 cl., /0, 17 mm Mw mm mm Em Mw Now =M mmm Emm VM.= mm MM N= MM JA a, mate Su 6 t Roadway DW igner GONDITION OF STREET(S) - Streets & Drainage WGL-,>+r- V10 1-55ucs - In- re - v-) c) i -5-5utc,5 PVV/ En� - Cost jz) re P01 t r I re �21 ace n I nia , wj 6t ra I r)o!�j C .i rvN Peo L/e wc vL;t,5 — �s I i -00,-r-rY'5CWer.- CLA-r-C�-flo ryiCLIn-+ojr-)e-d by -[tjr_ CD3 Mw mom -w mm Mw mm == MM mm == mm t9'9-17Date ,8Ubeifted to -Public: WorDirpOor COMMENTS - Director of Public, Works Dr, Joseph Majdalani, P.E. Date TO: Dr. Joseph Majdalani, P.E., Public Works Director FROM: Harold E. Crochet, Jr., Roadway Designer -II PREPARED BY: Harold E. Crochet, Jr., Roadway Designer -II DATE: December 7, 2017 SUBDIVISION: Sandlewood Trail Resolution No.: 17-073 Guidelines for acceptance of private streets and infrastructure for maintenance by the City of Beaumont. Application Date: July 7, 2017 Site 'Visit Date: December 04, 2017 Street Comments: Sandlewood Trail Subdivision has one access point off Delaware Street and one access point off Lucas Drive. The pavement condition index was evaluated at 20-25 having longitudinal and lateral cracking and multiple failures. The street is also not designed by current standards. Multiple failures have been repaired but the repairs were not performed properly. Due to age and current condition of road the City should expect to make improvements in 1 year according to our Concrete Pavement Curves (See Attachments). Segment 2, 3, 4 and 5 are two way traffic. Street is sloped inwards to center line of road. See Drainage Comments. We estimate 9065 S.Y. of street to be replaced and due to the current layout sidewalks will only be able to be constructed on one side of the road. 1400 S.Y. of sidewalk to be constructed per subdivision requirements. We also recommend the residence maintain responsibility of upkeep on islands. Street Details: Width of Segment 2=26 -ft Length of Segment 2=472 -ft PCI=20-25 Width of Segment 3=26 -ft Length of Segment 3=472 -ft PCI=20-25 Width of Segment 4=26 -ft Length of Segment 4=600 -ft PCI=20-25 Width of Segment 5=26 -ft Length of Segment 5=472 -ft PCI 20-25 Thickness of Road = To Be Determined on December 7, 2017 Drainage Comments: Sandlewood Trail Subdivision properties and homes appear to be built 16 -ft off the property line. The current layout prohibits the properties to drain like typical subdivisions so they use the roads as gutters leading out to drainage inlets. This will need to be addressed as it is in violation of current grading requirements. Failure to get the flow corrected could cause flooding for the properties and adjacent properties. The grate inlets currently in place are in fair condition. The drainage system leads directly into DD6 drainage boxes which also has an overflow ditch. Furthermore, a hydraulic analysis needs to be performed for sizing the inlets and pipe. We recorded 9 surface inlets along the road. We currently use TxDOT Hydraulic Analysis July -2016 Manual. Estimate for New Street/Replacement = $1,813,000 Estimate for New Sidewalks per Subdivision Requirements = $112,000 Estimate for Drainage Improvements = $155,000 Total = $2,080,000 -0 4- 02 4, 1-1f) !2-- 2-0 to zc)CoLi JL UJI%) f -U, ro paij cl Col, cl, Lg� f;5 Of No Text r i < Date: October 3, 2017 To: Zheng Tan, P.E., City Engineer From: Molly Villarreal, P.E., Water Utilities Engineer Subject: Sandlewood Trail Subdivision Our office has reviewed the Sandlewood Subdivision. This review and analysis was in response to a request for the City to accept the private streets and infrastructure for maintenance. A review of the plat and construction plans shows that the water and sanitary sewer lines are located within a utility easement dedicated to the City of Beaumont. Water Line Items: 1. The existing water lines are currently maintained by the City of Beaumont. Sewer Line Items: 1. The existing water lines are currently maintained by the City of Beaumont. Attached is a. copy of the water and sanitary sewer maps for your reference. A detailed review of the work order history for the development can be performed, if needed. If you need any additional information, please call me at 785-3016. c: Antoinette Hardy, Real Property Coordinator Dr. Joseph Majdalani, P.E., Public Works Director CITY UTILITIES WATER ADMINISTRATION 0 T 409.866.0026 F 409.861.4836 1350 Langham Beaumont, Tx 77707 beaumonttexas.gov 1011 CT CH RD 0 c 8 CD v Cv r 1 O z CDC CD � CNJ 67 r 01 v C- �" 00 CD m >n 0 zo 0 c:i r N n 0 w 8"PVC'80`r' 8 3. God 2.60d 13.30d pVC I u �+ U PrVb O —' 00 Nin600 rLOHNM 5 0 200 2 00 1211 QP E ®®®® ®® 6.34d ®®® ® ® 6.85. 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AW CD 0 CL 4, Re: Private Streets Joe Condina Wed 12/6/2017 9.48 AM To:Antoinette Hardy <Antoinette.Hardy@ Bea umontTexas.gov>; Anne Huff <Anne.Huff@BeaumontTexas.gov>; Bengy Williams < Bengy.Wil liams@ Bea umontTexas.gov>; cc.Scott Wheat<Scott.Wheat@BeaumontTexas.gov>; Hello Antoinette, Chief Wheat and I drove all 3 of these neighborhoods yesterday and looked at street access, turning radius, and hydrant locations. We are good with all the locations, if they were being built today we would have some different turning radius's and hydrant placement but this is not a major concern since we have covered these areas since their inception. The only other issue is in the Sandalwood Trails neighborhood. Again since we send apparatus there now it should not matter but we noticed some concrete road cracking. Under current code the minimum roadway rating is 75, 000 pounds. Probably not a big deal but with the city taking future maintenance responsibility, that might should be looked at. Hope this helped, if you have any other questions please let us know. Have a Great Day Joe B Condina II Fire Marshal From: Antoinette Hardy Sent: Monday, December 4,2017 11:22 AM To: Anne Huff; Bengy Williams Cc: Joe Condina; Scott Wheat Subject: Private Streets Good Morning, Our office has received 3 requests from Home Owner Associations for the City of Beaumont to accept their street as public. In -order to provide the city manager our department's recommendation, we need your department to provide comments of any concerns your department will have if the City accepts the streets. Please review the following HOA requests and provide your recommendations to me by noon on Friday, December 8, 2017: (kyle is wanting our report to him on Monday morning so please try to get your report to me by 12 noon on Friday) 1. Sandlewood Trails 2. Woodpark 3. Oak Trace Your immediate assistance in this matter is greatly appreciated. Thanks in advanced!!! Be blessed, Antoinette Hardy Real Property Coordinator 0: 409.880.3276 D: 409.880.3152 E: Antoinette. Hardy@BeaumontTexas.gov FMI, "The information contained in this transmission may contain privileged and confidential information. It is intended only for the use of the person(s) named above. If you are not the intended recipient, you are hereby notified that any review, dissemination, distribution or duplication of this communication is strictly prohibited" Pe: Private Streets Bengy Williams Mon 12/4/2017 2:30 PM To:Antoinette Hardy <Antoinette.Hardy@BeaumontTexas.gov>; Anne Huff <Anne.Huff@Bea umontTexas.gov>; cc:Joe Condina <Joe.Condina@Beau montTexas.gov>; Scott Wheat<Scott.Wheat@BeaumontTexas.gov>; Good Afternoon Antoinette, Solid Waste is currently picking up Sandlewood Trails and Oak Trace. If the residents continue to place their containers where they are currently placing the containers, Solid Waste has no concerns. Woodpark is a new edition for us. It's only 40 homes and if they place their containers in the front of their residents, Solid Waste will have no concerns. Thanks, Bengy Williams Operations Manager City of Beaumont (409)842-1483 (Office) (409)842-1722 (Fax) From: Antoinette Hardy Sent: Monday, December 4, 2017 11:22 AM To: Anne Huff; Bengy Williams Cc: Joe Condina; Scott Wheat Subject: Private Streets Good Morning, Our office has received 3 requests from Home Owner Associations for the City of Beaumont to accept their street as public. In order to provide the city manager our department's recommendation, we need your department to provide comments of any concerns your department will have if the City accepts the streets. Please review the following HOA requests and provide your recommendations to me by noon on Friday, December 8, 2017: (Kyle is wanting our report to him on Monday morning so please try to get your report to me by 12 noon on Friday) 1. Sandlewood Trails 2. Woodpark 3. Oak Trace Your immediate assistance in this matter is greatly appreciated. Thanks in advanceclM Be blessed, Antoinette Hardy Real Property Coordinator 0: 409.880.3275 D: 409.380.3152 E: Antoinette.Hardy@BeaumontTexas.gov "The information contained in this transmission may contain privileged and confidential information. It is intended only for the use of the person(s) named above. If you are not the intended recipient, you are hereby notified that any review, dissemination, distribution or duplication of this communication is strictly prohibited" RESOLUTION NO, 17-073 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Council hereby approves guidelines for acceptance of private streets and infrastructure for maintenance by the City of Beaumont, as described in Exhibit "A," attached hereto and made a part hereof for all purposes. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 11th day of April, 2017. WOW" jy (JV,ayor becky9(mes - GUIDELINES , PRIVATE 1, MAINTENANCEINFRASTRUCTURE FOR THE CITY OF O Procedures To initiate the process for acceptance of a private street and infrastructure, a written letter must be submitted to the City Manager for consideration. The letter shall be signed by the representative of the property owners' association (the "Association") of the rightful owner authorized to dedicate the streets and infrastructure for public use. The application must include copies of the recorded plat of all streets to be dedicated, any applicable easement documents, any records of construction and repair of the streets and infrastructure and any and all deed restrictions and home owners association rules and amendments thereto. Upon the City's initial review, additional information may be requested. The City will consider requests received on a first-come, first served basis. 2. The Public Works Director (the "Director") will inspect each street and infrastructure to determine the condition. 3. The City Manager and staff will review and prepare the request for consideration by the Planning Commission and the City Council. The Planning Commission will review the proposal and make a recommendation to the City Council. The City Council shall thereafter determine acceptance or rejection of the street and infrastructure. 4. If the City Council accepts the street(s) and infrastructure, the Director shall notify the applicant of same. Additional Standards For Acceptance 1. Trees, boulders and other large obstacles (other than mailboxes) located within three (3) feet of the pavement shall be removed by the applicant if determined by the Director to be unsafe or a traffic hazard. Other Conditions of Acceptance: Maintenance I . The City will document by photographic evidence, engineering reports, plans and tests, the condition, composition and configuration (including pavement thickness and width) of the street at the time of application. If accepted, the City will have no obligation to improve the condition or configuration of the street and/or infrastructure. 2. The Association shall maintain all entrance monuments to subdivisions, including lighting, painting, repairs and maintenance. If in conflict with City standards, monuments may need to be altered or removed at the expense of the Association or owner. e City will remove all trees on the right-of-way that die after the streets have been ,epted. Replacement of trees will be within the sole discretion of the City. All other .dscaping will be performed at the expense of the Association or owner. trance gates that prevent public access to streets, speed bumps and any other traffic Aructions or devices will not be allowed on city maintained streets and must be Zoved at the Association's or owner's expense. 5. Acceptance by the City of the responsibility to maintain streets does not include the responsibility for maintenance of landscaping within the street right-of-way, landscaped portions of cul-de-sacs, common ground, streetlights, or mailboxes within the right-of- way. 6. As a condition of acceptance by the City of any street pursuant to these guidelines, any and all documents deemed necessary by the City for final acceptance shall be executed by the Association or owner. Z -OB: Request for the conveyance and dedication of private streets and 'rastructure to the City of Beaumont ,plicant: President of the Sandlewood Trail Homeowners Association cation: Sandlewood Trail Subdivision 0 500 1,000 I I I I Feet MMIM"M I I I, III I, R I TIMES I ZEN � I III I � a . 6 recommended the approval • a -• for the conveyance and dedication • private IIIIIII:11:III Emir mni�m Require the submission and filing • a preliminary and final • to •- paid • • the .•• Identification • private common areas and facilities • the final • arl placement of a note on the final plat stating that maintenance of the -F-9 areas is to be provided by the Home Owners Association. I by TG --TM— "11 "0 —me V 11 0 Emig= other infrastructure to public ownership is in the best interest of the City of Beaumont; THAT the statements and findings set • in the preamble to this resolution are hereby, THAT City Council approves the request to convert the private streets and other Require the submission and filing • a • and final • to •- paid • • the .•• Identification of privatecommon areas and facilities on the final plat placement of a note on the final plat stating that maintenance of th areas is to be provided by the Home Owners Association. S in strict compliance with the Texas Open Meetings Act, Texas Government C,4 NOM63=1 101"Onfligm C� , , I IN RIZIRMUM0 �J April 24, 2018 Consider a request to rezone a portion of property in the 3300 block of East Lucas Drive from GC -MD (General Commercial -Multiple Family Dwelling) to GC -MD -2 (General Commercial -Multiple Family Dwelling -2) // % /� ✓� / � �� % iii/ TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Chris Boone, Planning & Community Development Director MEETING DATE: April 24, 2018 REQUESTED ACTION: Council consider a request to rezone a portion of property in the 3300 block of East Lucas Drive from GC -MD (General Commercial — Multiple Family Dwelling) to GC -MD -2 (General Commercial — Multiple Family Dwelling — 2). In April, staff conducted a rezoning study of property at the intersection of East Lucas Drive and Helbig Road. The property in question was rezoned to GC -MD -2 (General Commercial - Multiple Family Dwelling - 2). This rezoning left a triangular shaped portion of GC -MD (General Commercial - Multiple Family Dwelling) property near the intersection of East Lucas Drive and Bigner Road. In the interest of not leaving this odd portion of zoning along East Lucas Drive, and at the request of Beaumont City Council, staff is recommending that the zoning be changed to GC -MD -2. At a Joint Public Hearing held on April 16, 2018, the Planning Commission recommended 8:0 to approve a request to rezone a portion of property in the 3300 block of East Lucas Drive. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the ordinance. No Text ENTITLED AN ORDINANCE AMENDING CHAPTER 28 OF THE CODE OF ORDINANCES OF BEAUMONT, TEXAS, AND IN PARTICULAR THE BOUNDARIES OF THE ZONING DISTRICTS, AS INDICATED UPON THE ZONING MAP OF BEAUMONT, TEXAS, BY CHANGING THE ZONING OF PROPERTY PRESENTLY ZONED GC -MD (GENERAL COMMERCIAL -MULTIPLE FAMILY DWELLING) DISTRICT TO GC -MD -2 (GENERAL COMMERCIAL -MULTIPLE FAMILY DWELLING -2) DISTRICT FOR A PORTION OF PROPERTY LOCATED IN THE 3300 BLOCK OF EAST LUCAS DRIVE, BEAUMONT, JEFFERSON COUNTY, TEXAS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. Section 1. That Chapter 28 of the Code of Ordinances of Beaumont, Texas, and in particular the boundaries of the zoning districts, as indicated upon the Zoning Map of the City of Beaumont, referred to in Section 28.01.005(b) thereof, is hereby amended by changing the zoning of property presently zoned GC -MD (General Commercial -Multiple Family Dwelling) District to GC -MD -2 (General Commercial -Multiple Family Dwelling District -2) District for a portion of property located in the 3300 Block of East Lucas Drive, as described in Exhibit "A" and shown on Exhibit "B," attached hereto, and the official �• 11 111 1 11 1 3101! 117, 1111WIN!1� Ill•IT•17WOMMIS 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 arm PEI wz��= ordinance, and to such end, the various portions and provisions of this ordinance arm That all ordinances or parts of ordinances in conflict herewith are repealed to the 13M That any person who violates any provision of this ordinance shall, upon conviction, be punished, as provided in Section 1.0 1.009 of the Code of Ordinances of The meeting at which this ordinance was approved was in all things conducted in Q-trict compliance with the Texas Open Meetings Act, Texas Government Code, ChaptE.M 551. VATON91971M • Becky Ames Being an approximately 0.688 acre portion of the 125' feet bordering East Lucas at Binger Road, out of Plat D21, Part of Tract 85-C, F. Bigner Survey, Beaumont, Jefferson County, Texas. Said tract approximately described as follows: Beginning at a point in the north right -of way line of East Lucas Drive, intersected by west right-of-way line of Bigner Road; Thence, northerly, following the west right-of-way line of Bigner Road for approximately 145'; Thence, southwesterly, following a line parallel to and 125' north of the north right-of-way line of East Lucas Drive for approximately 440'; Thence, easterly, for approximately 411' to the point of Beginning, containing 0.688 acres more or less. 1W Legend -- City Limits 2338Z FIRM ZONE A X X500 Zoning ZONE A -R a ''l C -M CBD GC -MD 13 GC -MD -2 /Mj HI LI NC 1JLJI NSC IN OP IM PD PUD R -S RCR RCR-H RM -H % RM -M MFIR70.1 f� inch,='2 This map has been produced from various sources.' Every effort has been made to ensure the accuracy of this map, however, the City of A rol April 24, 2018 Consider a request for a Rezoning from RS (Residential Single Family Dwelling) to RCR (Residential Conservation Revitalization) with a Specific Use Permit to allow a tax preparation office for property located at 1690 Chamberlin Drive TO: City Council FROM: Kyle Hayes, City Manager C -V ill A6 PREPARED BY: Chris Boone, Manning & Community Development Director MEETING DATE: April 24, 2018 REQUESTED ACTION: Consider a request for a Rezoning from RS (Residential Single Family Dwelling) to RCR (Residential Conservation Revitalization) with a Specific Use Permit to allow a tax preparation office for property located at 1690 Chamberlin Drive. Jeff & Tonya Griffin are requesting a zone change from RS (Residential Single Family Dwelling) to RCR (Residential Conservation Revitalization) for the property located at 1690 Chamberlin Drive. The Griffins are also requesting a Specific Use Permit to allow a tax preparation office at this location. In February, staff received reports from neighbors that a business had been established at this location. Further investigation revealed that the Griffins had indeed been using the property as a tax office since Mrs. Griffin's mother passed away. Attempts to improve the parking situation alerted neighbors to this fact. The property is located adjacent to commercially zoned lots facing Washington Boulevard. As there is currently no buffer between the residentially zoned neighborhood and this commercial property, it would be reasonable to create a buffer of the property in question. RCR (Residential Conservation Revitalization) would allow for a handful of light commercial uses that require a Specific Use Permit. This would allow for conditions to protect the neighboring properties. In an effort to preserve the residential nature of the property, parking should be moved to the rear of the property. This will also provide more room for parking. In addition, screening should not extend past the front of the house, and the landscaped buffer would need to be waived to allow access to the rear yard where the driveway or parking exist. At a Joint Public Hearing held on April 16, 2018, the Planning Commission recommended 9:0 to approve a request for a Rezoning form RS (Residential Single Family Dwelling) to RCR (Residential Conservation Revitalization) with a Specific Use Permit to allow a tax preparation office for property located at 1690 Chamberlin Drive with the following conditions: 1. Four (4) off street parking spaces will be required to meet City of Beaumont regulations. One of these spaces must be ADA compliant and van accessible. The ADA space and access isle must be paved. ADA compliant ramps must be installed. 2. Parking to be located at rear of property and front yard to be restored. 3. An eight (8) foot wood or masonry fence must be installed along the north property line from the front of the house to the rear. 4. Structure must be brought up to code for a commercial structure per City of Beaumont Building Codes. FUNDING SOURCE Not applicable. RECOMMENDATIONS Approval of the ordinance with the following conditions: 1. Four (4) off street parking spaces will be required to meet City of Beaumont regulations. One of these spaces must be ADA compliant and van accessible. The ADA space and access isle must be paved. ADA compliant ramps must be installed. 2. Parking to be located at rear of property and front yard to be restored. 3. An eight (8) foot wood or masonry fence must be installed along the north property line from the front of the house to the rear. 4. Structure must be brought up to code for a commercial structure per City of Beaumont Building Codes. i r " ZONINGITITTIT OF THE ORDINANCE BEAUMONT, TEXAS (Chapteri City Codes) TO: THE PLANNING COMMISSION AND CITY COUNCIL, CITY OF APPLICANT'S NAME AND ADDRESS: -311"L4 APPLICANT'S PHONE #: (61 sl� Lt 6 FAX #: NAME OF OWNER: of l Ll p' Q r t ADDRESS OF OWNER: LOCATION OF PROPERTY: � v(��(� C' l,)- u �� a LEGAL DESCRIPTION OF PROPERTY: LOT NO. f 5G a P( J --5'6-C f OR TRACT BLOCK NO. PLAT ADDITION CA 101 P Cres SURVEY NUMBER OF ACRES Q , Q '? NUMBER OF ACRES 14 ( 1�g0AP'(W1 For properties not in a recorded subdivision, submit a copy of a current survey or plat showing the properties proposed to be changed, and a complete legal field note description. CURRENT ZONING DISTRICT: ZONING DISTRICT REQUESTED: HAS THE REQUEST BEEN MADE BEFORE? /W IF SO, DATE: ACTION: SUBMIT A LETTER STATING REASONS FOR REQUEST. ATTACH THE APPROPRIATE APPLICATION FEE: LESS THAN 1/2 ACRE...........................................................$250.00 1/2 ACRE OR MORE AND LESS THAN 5 ACRES.............$450.00 5 ACRES OR MORE...............................................................$650.00 I HEREBY ACKNOWLEDGE THAT THE APPLICATION IS MADE FOR THE REQUESTED DISTRICT OR A MORE RESTRICTIVE DISTRICT. SIGNATURE OF APPLICANT: SIGNATURE OF PLEASE TYPE OR PRINT AND SUBMIT TO FILE NUMBER: 2�-#{, DATE RECEIVED: RECEIPT NUMBER: DATE::�� PLANNING DIVISION, ROOM 201 CITY HALL, 801 MAIN STREET BEAUMONT, TX 77701 P.O. BOX 3827 77704 (409)880-3764 FAX (409) 880-3133 SPECIFIC USE PERMIT APPLICATION BEAUMONT, TEXAS (Chapter 2$, City Codes) TO: THE PLANNING COMMISSION AND CITY),.Qt OUNCIL, CITY OF BEAUMONT TEXA�, , APPLICANT'S NAME: APPLICANT'S ADDRESS: 1 1 €7 APPLICANT'S PHONE #: is fv U ( -h FAX #: NAME OF PROPERTY ADDRESS OF PROPERTY OWNER:_( LOCATION OF PROPERTY: G CU 1t LEGAL DESCRIPTION OF PROPERTY: LOT OR TRACT BLOCK NO. PLAT r ADDITION l Y�f`l t A�C'�' Pkr '"l �" SURREY Pit � NUMBER OF ACRES 0 s NUMBER OF ACRES For properties not in a recorded subdivision, submit a copy of a current survey or plat showing the properties proposed for a specific use permit, and a complete (legal field note description. PROPOSED USE: u°, l o l 0 ,CF. ZONE• UL ATTACH A LETTER describing all processes and activities involved with the proposed uses. ATTACH A SITE PLAN drawn to scale with the information listed on the top back side of this sheet. ATTACH A REDUCED 8'/" X 11" PHOTOCOPY OF THE SITE PLAN. THE EIGHT CONDITIONS listed on the back side of this sheet must be met before City Council can grant a specific use permit. PLEASE ADDRESS EACH CONDITION IN DETAIL. ATTACH THE APPROPRIATE APPLICATION FEE: LESS THAN % ACRE.................................................................$250.00 ACRE OR MORE AND LESS THAN 5 ACRES...................$450.00 5 ACRES OR MORE...................................................................$650.00 I, being the undersigned applicant, understand that all of f the conditions, dimensions, building sizes, landscaping and parking areas depicted on the site plan shall be adhered to as amended approved / y Citv /� Council. SIGNATURE OF APPLICANT: ((((((,,,,r" A DATE--? SIGNATURE OF PROPERTY PLEASE TYPE OR PRINT AND SUBMIT TO: 1� CITY OF BEAUMONT PLANNING DIVISION 801 MAIN STREET, ROOM 201 .� BEAUMONT, TX 77701 FILE NUMBER: Phone - (409) 880-3764 Fax - (409) 880-3110 TE: d -J PLEASE MAKE NOTE ON REVERSE SIDE OF CONDITIONS TO BE MET REGARDING THE SITE PLAN AND LETTER OF PROPOSED USES AND ACTIVITIES. 02-26-2018 ToWhom |tMay Concern, l6gVC}mrriberbriDr. Beau conot Tx 77707 409-548-8946 This is in reference to the letter about zoning that vve received on Friday 02-23-2018. This was mymother's home and she passed away inDec 2OO9 before that she ran a medical supply business out of her home for many years. We rented out the home for years after she passed, after storm renters left and we need a place to stay. So here we are. My husband does tax preparation during tax season out of our home, We were unaware that this was against zoning, when I received letter on Friday I called the number on letter as soon as I got it. We want to do thing right. it never crossed our minds that you couldn't better yourself in your own home. Yes at this time it is busy, but on off season it is not. We are blessed to have these clients. NV one has caused any problems are damage to anything or anyone. This side business is what helps pay our bills and take care of our children. By no means are we trying to effect or disrupt any one else's lives. We are the last house onthe street, that butts upto a large business.Which I know their address is Washington, but their shop entrance is Chamberlin. There is a empty lot in front of us that the chickens run on, and another business to the right of that. There is a house next to us that is failing done, and is of very bad need ofrepair. Goats inayard down the street. VVeare asking tobeable to continue tohave our inhonnebusiness inour home. And vvewould like toapologize if we have caused any trouble to anyone, which we don't believe we have. We have no large sign as the zoning lady spoke of. And she also asked about a new driveway, we put rock in our drivewayclue to the large amount of rain we have had and the mad factor. And yes it does help when our clients come. There are many people in Beaumont that run in home business. We would like to thank you for your time in this matter. And again apologize for any trouble we may have caused r/t zoning. Hopefully we can get this cleared upassoon xspossible, With warm Regards, Jeff & Tonya Griffin ' Jeff & Tonya Griffin 1690 Chamberlin Dr. Beaumont, Texas 77707 March 18, 2018 We do Tax preparation out our home. During January- April is the busiest time. Most appointments last about 30 mins. Tax preparation is done on a program on the computer. As our clients come in they fill out information sheet, we obtain copies of driver license and social security cards. When It's Time for their appointments, they give information for their taxes, we print them a copy they sign, and get a copy, and most set up appointment for next year, than onto the next person. It stays busy about the first month, than slows down a bit. After April there are a few clients here and there for extension and book keeping. We again would like to thank you for your time in this matter. Sincerely, Jeff Gr Tonya Date: --�?-, 2, l ?- Date:-3 Date: `� '� ZONING ORDINANCE REQUIREMENTS 8 QUESTIONS 1690 Chamberlin Drive Beaumont, Texas 77707 1) We are compatible with surrounding properties and will not interrupt others from enjoying their property nor will we impact the surrounding property values in a negative way. 2) Our service will not impede any development in a normal or orderly way of any surrounding vacant properties in anyway. 3) All utilities, access road, drainage and other supporting facilities are adequate to our use and will not disrupt any surrounding property or the public in anyway. 4) All parking and driveways provide a safe and convenient movement for vehicles and pedestrian to move about without effecting the public or any adjacent development or property in anyway. 5) We will follow all nuisance ordinance's that apply. We have taken adequate nuisance prevention measures, our service does not emit any noise, dust, odor, fumes or vibrations in anyway. 6) Our lighting is arranged so it doesn't disturb any other property or the public in anyway. 7) We will apply to the landscaping and screening ordnance asset forth.on the site plan to insure harmony and compatibility. 8) It's in a stable area ENTITLED AN ORDINANCE AMENDING CHAPTER 28 OF THE CODE OF ORDINANCES OF BEAUMONT, TEXAS, AND IN PARTICULAR THE BOUNDARIES OF THE ZONING DISTRICTS, AS INDICATED UPON THE ZONING MAP OF BEAUMONT, TEXAS, BY CHANGING THE ZONING OF PROPERTY PRESENTLY ZONED RS (RESIDENTIAL SINGLE FAMIL DWELLING) DISTRICT TO RCR (RESIDENTIAL CONSERVATION REVITALIZATION) DISTRICT FOR PROPERTY LOCATED AT 1690 CHAMBERLIN DRIVE, BEAUMONT, JEFFERSON COUNTY, TEXAS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. That Chapter 28 of the Code of Ordinances of Beaumont, Texas, and in particular the boundaries of the zoning districts, as indicated upon the Zoning Map of the City of Beaumont, referred to in Section 28.01.005(b) thereof, is hereby amended by changing the zoning of property presently zoned RS (Residential Single Family Dwelling) District to RCR (Residential Conservation Revitalization) District for property located at 1690 Chamberlin Drive, being Lots 56-C, Block 6, Caldwood Acres Subdivision, Beaumont, Jefferson County, Texas, containing 0.238 acres, more or less, as shown on Exhibit 'A" attached hereto, and the official zoning map of the City of Beaumont is hereby amended to reflect such changes. 9MEMM 10110=4 411511111 ;VERWais ww linezilap�p sum. those regulations contained in Chapter 28 of the Code of Ordinances of Beaumoril extent of the conflict only. 11111� -10-200W.Iiiiii0iii Section 5. -mum nw- mjl-mmm•• • a� That any person who violates any provision of this ordinance shall, upon conviction, be punished, as provided in Section 1.0 1.009 of the Code of Ordinances of 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. ■ i. i •owl- Urflflff� MayorBecky Ames File 2333-Z/P: A request for a rezoning from RS (Residential Single Family Dwelling) to RCR (Residential Conservation Revitalization) with a Specific Use Permit to allow a tax preparation office. Applicant: Jeff & Tonya Griffin Location: 1690 Chamberlin Drive 0 100 200 Feet M N EXHIBIT "A" f. M N EXHIBIT "A" •''! • ENTITLED ORDINANCE GRANTING USE PERMIT TO ALLOW A TAX PREPARATION OFFIC IN AN RCR (RESIDENTIAL CONSERVATIO REVITALIZATION) DISTRICT AT 1690 CHAMBERLI DRIVE IN THE CITY OF BEAUMONT," •I COUNTY, TEXAS. ^- • - '- • • • • 1 : - • • - • • WHEREAS, the Planning and Zoning Commission of the City of Beaumont considered the request and is recommending approval of a specific use permit to allolm ME I IF .•1 •- ! - • - • - • • • • • • • • off streetparking spaces will be required to meet City of Beaumont-• • • - of - spaces be ADA compliant and van accessible. The ADA space and access isle must be paved. ADA compliant rampsbe -r Parking• to be • -• at rearof property and front yard tob- • -• - • :) foot wood or • be installed along the north property line from the front of the house to the rear. • Structure must be brought u• to code for a commercialper City of Beaumont Building Codes. Em WHEREAS, the City Council is of the opinion that the issuance of such E use permit to allow a tax preparation office is in the best interest of the City of Bez and its citizens; THAT the statements and findings set out in the preamble to this ordinance are hereby, in all things, approved and adopted; and, Section 1. That a specific use permit to allow a tax preparation office in an RCR (Residential Conservation Revitalization) District at 1690 Chamberlin Drive, being Lots 56-C, Block 6, Caldwood Acres Subdivision, Beaumont, Jefferson County, Texas, containing 0.238 acres, more or less, as shown on Exhibit "A," is hereby granted to Jeff and Tonya Griffin, their legal representatives, successors and assigns, as shown on Exhibit "B," attached hereto and made a part hereof for all purposes, subject to the following conditions: • Four (4) off street parking spaces will be required to meet City of • regulations. One • these spaces must be ADA compliant and van accessible. The ADA space and access isle must be paved. ADA • ramps must •- • • Parking to be located at rear of property and front yard to be restored. • An eight (8) foot wood or masonry fence must be installed along the north property line • the • • the house to the rear. • Structure must •- brought up '• ••- • a commercial structure per City of • Building Codes. 619mm That the specific use permit herein granted is expressly issued fi accordance with each particular and detail of the site plan attached hereto as E tj W*M F.1 WPT 9 PUT M - am � ff*Tffmvm VINE contained in Chapter 28 of the Code of Ordinances of Beaumont, Texas, as amended, as well as comply with any and all federal, state and local statutes, regulations or RM FWATSMS041111-11 0 0 "I ip�!=;Ipi qiipej��111� iigyii� 1111� gpi Igil I liggpilippi I� p� 011illizip III �111 - Mayor Becky Ames - Z/P: A request for a rezoning from RS (Residential Single Family to RCR (Residential Conservation Revitalization) with a Specific Use Permit to low a tax preparation office. pplicant: Jeff & Tonya, Griffin ocation: 1690 Chamberlin Drive 0 100 200 1 1 1 i Feet 5t--- Y— - fi . D; -6--h 1d010 EXHIBIT "B" 9 3 F ti o loll qq io 13P -7'1 J . b M3 5t--- Y— - fi . D; -6--h 1d010 EXHIBIT "B" W '' • Consider a request for a Specific Use Permit to allow a Residential Substance Abuse Treatment Facility in an RM -H (Residential -Multiple Family Dwelling -Highest Density) District for property located at 4655 Collier Street L TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Chris Boone, anning & Community Development Director MEETING DATE: April 24, 2018 REQUESTED ACTION: Council consider a request for a Specific Use Permit to allow a Residential Substance Abuse Treatment Facility in an RM -H (Residential -Multiple Family Dwelling -Highest Density) District for property located at 4655 Collier Street. sr�lllfZ�111►1 Land Manor, Inc. is requesting a Specific Use Permit to allow a residential substance abuse treatment facility at 4655 Collier Street. The applicant states the facility would treat both males and females, but would most likely be occupied by adult or adolescent males. This location would be a 24 hour residential facility where the individuals live on a temporary basis. Several years ago, the property was used as a residential treatment facility, but had been converted to office space for the past 10 plus years. Therefore, a Specific Use Permit was required. The facility will accommodate up to 21 residents. At a Joint Public Hearing held on April 16, 2018, the Planning Commission recommended 7:1 to approve a request for a request for a Specific Use Permit to allow a Residential Substance Abuse Treatment Facility in an RM -H (Residential -Multiple Family Dwelling -Highest Density) District located at 4655 Collier Street with the following conditions: 1. Thirty-two (32) off-street parking spaces will be required including two (2) ADA spaces, one being van accessible. ADA compliant access isle and ramps must also be installed. 2. Structure must be brought up to Fire code per occupancy. (IFC/City Ordinances) FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the ordinance with the following conditions: 1. Thirty-two (32) off-street parking spaces will be required including two (2) ADA spaces, one being van accessible. ADA compliant access isle and ramps must also be installed. 2. Structure must be brought up to Fire code per occupancy. (IFC/City Ordinances) SPECIFIC USE PERMIT APPLICATION BEAUMONT,, TEXAS (Chapt- A C4 Codes) TO: THE PLANNING COMMISSION AND CITY COUNCIL, CITY OF BEAUMONT, TEXAS APPLICANT'S NAME: Land Manor Inc. APPLICANTS ADDRESS: 4655 Collier Street APPLICANTS PHONTE #009) 838-3946 FAX #: (409) 838-4298 NAME OF PROPERTY OWNER -Land Manor Inc. ADDRESS OF PROPERTY OWNER 4655 Collier Street LOCATION OF PROPERTY: Beaumont, Texas 77706 LEGAL DESCRIPTION OF PROPERTY: LOT NO. OR TRACT 118F Bigner Replat Tract 2 BLOCKNO. PLAT D23 ADDITION SURVEY NUMBER OF ACRES NUMBER OF ACRES 1.5014 For properties not in a recorded subdivision, submit a copy of a current survey or plat showing the properties proposed for a specific use permit, and a complete legal field note description. PROPOSED USE: Residential Substance Abuse Treatment Facility zoNE;_RM- ATTACH A LETTER describing all processes and activities involved with the proposed uses. ATTACH A SITE PLAN drawn to scale with the information listed on the top back side of this sheet. ATTACH A REDUCED 8'/" X 11" PHOTOCOPY OF THE SITE PLAN. THE EIGHT CONDITIONS listed on the back side of this sheet must be met before City Council can grant a specific use permit PLEASE ADDRESS EACH CONDITION IN DETAIL. ATTACH THE APPROPRIATE APPLICATION FEE: LESS THAN '/2 ACRE ........................... .................... ................ $2%00 % ACRE OR MORE AND LESS THAN 5 ACRES ...................$450.00 5 ACRES OR MORE ........ ........................... ......... .................... $650.00 I, being the undersigned applicant, understand that all of the conditions, dimensions, building sizes, landscaping and parking areas depicted on the, site plan shall be adhered to as amended and approved by Cl Council. SIGNATURE OF APPLICANT: DATE: �-Q �Ioe� 'n IJ— A SIGNATURE OF PROPERTY OWNER: ZIA— PLEASE TYPE OR PRINT AND SUBMIT TO: CITY OF BEAUMONT PLANNING DIVISION 801 MAIN STREET, ROOM 201 FILE NUMBER: BEAUMONT, TX 77701 Phone - (409) 880-3764 Fax - (409) 8 80-3 110 PLEASE MAKE NOTE ON REVERSE SIDE OF CONDITIONS TO BE MET REGARDING THE SITE PLAN AND LETTER OF PROPOSED -USES AND ACTIVITIES, March 21, 2018 Dear City of Beaumont Planning Division, For over 49 years, Land Manor; Inc. has provided substance abuse treatment, rehabilitation services, HIV intervention and outreach services to South East Texas. Our mission is to overcome the disease of substance abuse and teach healthier lifestyles that promote and maintain sobriety. Our goal is to provide professional care in the most therapeutic, safe, and clean environment. We are an intricate part of the Beaumont recovery community. Currently, we have three residential programs located throughout Beaumont, Texas housing men, women and women with small children. Our support extends the walls of our buildings but builds stronger families and consequently stronger communities. Our programs utilize a therapeutic intervention approach which includes intensive therapy for inpatient and outpatient for relapse prevention. This approach is designed to enhance recovery through individual and group counseling, substance abuse education, life management skills for daily living. Programs also provide case management assistance with local resources, transportation and referrals. Services we provide are in demand. We anticipate a need for youth and/or veterans in our area. We have the location and are ready to reopen our facility at 4655 Collier Street to continue providing substance abuse treatment to those in need. Sincerely, Car White, LCDC Executive Director No Text ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A RESIDENTIAL SUBSTANCE ABUSE TREATMENT FACILITY IN A RM -H (RESIDENTIAL MULTIPLE FAMILY DWELLING -HIGHEST DENSITY) DISTRICT AT 4655 COLLIER STREET IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. Bigner Replat, Tract 2, Beaumont, Jefferson County, Texas, containing 1.501 acres, WHEREAS, the Planning and Zoning Commission of the City of Beaumont considered the request and is recommending approval of a specific use permit to alloz Dwelling -Highest Density) District at 4655 Collier Street, subject to the following M Thirty-two (32) off-street parking spaces will be required including two (2) ADA spaces, one being van accessible. ADA compliant access isle and ramps must also be installed. Structure must be brought up to Fire code per occupancy. (IFC/City Ordinances) WHEREAS, the City Council is of the opinion that the issuance of such specific use permit to allow a residential substance abuse treatment facility is in the best interest Uzzy=8M, al- • 0 �1, Section 1. That a specific use permit to allow a residential substance abuse treatmenl facility in a RM -H (Residential Multiple Family Dwelling -Highest Density) District at 4655 Collier Street, being Plat D23, Tract 118, F. Bigner Replat, Tract 2, Beaumont, Jefferson County, Texas, containing 1.501 acres, more or less, as shown on Exhibit "A," is hereby granted to Land Manor, Inc., its legal representatives, successors and assigns, as shown on Exhibit "B," attached hereto and made a part hereof for all purposes, subject Thirty-two (32) off-street parking spaces will be required including two (2) ADA spaces, one being van accessible. ADA compliant access isle and ramps must also be installed. Structure must be brought up to Fire code per occupancy. (IFC/City Ordinances) Section 2 That the specific use permit herein granted is expressly issued for and in accordance with each particular and detail of the site plan attached hereto as Exhibit "B" ROMMM as well as comply with any and all federal, state and local statutes, regulations (M F � I! =z.1�jvv ir im��ii:iix reivvr�Iivii ;1I III � jyiii�iij III I! 1� Pill I 1•I RTIM 11! IMEMEM UO3 Me 551. - Mayor Becky Ames - File 2336-P: Request for a Specific Use Permit to allow a Residential Substance Abuse Treatment Facility in an RM-H (Residential Multiple Family Dwelling-Highest Density) District. Applicant: Land Manor, Inc. Location: 4655 Collier Street 0 100 200 1 1 1 1 Feet A 7d�� No Text r U April 24, 2018 Consider a request for a Specific Use Permit to allow an assembly/warehouse/manufacturing facility in the CBD (Central Business District) for property located at 850 Fannin Street TO: City Council FROM: Kyle Hayes, City Manager C15 6 PREPARED BY: Chris Boone Planning & Community Development Director MEETING DATE: April 24, 2018 REQUESTED ACTION: Council consider a request for a Specific Use Permit to allow an assembly/warehouse/manufacturing facility in the CBD (Central Business District) for property located at 850 Fannin Street. BACKGROUND Beaumont Manufacturing and Distribution Company, L.L.C. would like a Specific Use Permit to allow an assembly/warehouse/manufacturing facility at 850 Fannin Street. The property is located in the Central Business District of downtown Beaumont. The previous occupant was a printing company. The applicant states that there will be no actual manufacturing or machining taking place at this location. Assembly of the products will be the most intense use of the property. This assembly will only require hand tools and light air tools. Most noise will emanate from delivery trucks, and forklifts used to move merchandise. At a Joint Public Hearing held on April 16, 2018, the Planning Commission recommended 8:0 to approve a request for a request for a Specific Use Permit to allow an assembly/warehouse/manufacturing facility in the CBD (Central Business District) located at 850 Fannin Street. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the ordinance. SPECIFIC USE PERMIT i A1 BEAUMONT, (Chapter 28, City Codes) TO: THE PLANNING COMMISSION AND CITY COUNCIL, CITY OF BEAUMONT, TEXAS APPLICANTS NAME: Beaumont Manufacturing and Distribution Company, LLC APPLICANTS ADDRESS: 1 009 Laurel St, Beaumont, TX 77701 APPLICANT'S PHONE#: (409)225-5863 FAX#: (409)242-1005 NAME OF PROPERTY OWNER: Community Bank Texas, NA ADDRESS OF PROPERTY OWNER: 5999 Delaware, Beaumont, TX 77706-7607 LOCATION OF PROPERTY: 550 Fannin St, Beaumont, TX 77701 LEGAL DESCRIPTION OF PROPERTY: LOT NO. 1-6 OR BLOCK NO. 3 ADDITION McMillan TRACT PLAT SURVEY NUMBER OF ACRES ®' 96 NUMBER OF ACRES For properties not in a recorded subdivision, submit a copy of a current survey or plat showing the properties proposed for a specific use permit, and a complete legal field note description. PROPOSED USE: Assembly/Warehouse/Manufacturing/Offices ZONE. CBD ATTACH A LETTER describing all processes and activities involved with the proposed uses. ATTACH A SITE PLAN drawn to scale with the information listed on the top back side of this sheet. ATTACH A REDUCED 8 %" X 11" PHOTOCOPY OF THE SITE PLAN. THE EIGHT CONDITIONS listed on the back side of this sheet must be met before City Council can grant a specific use permit. PLEASE ADDRESS EACH CONDITION IN DETAIL. ATTACH THE APPROPRIATE APPLICATION FEE: LESS THAN %2 ACRE ........................... - ....... ---- ................... .$250.00 1/2 ACRE OR MORE AND LESS THAN 5 ACRES. .............. ... $450.00 5 ACRES OR MORE...:...............................................................$650.00 I, being the undersigned applicant, understand that all of the conditions, dimensions, building sizes, landscaping and parking areas depicted on the site plan shall be adhered to as amended nd approv,by City Council. J 17 - - l % ry SIGNATURE OF APPLICANT: SIGNATURE OF PROPERTY PLEASE TYPE OR PRINT AND SUBMIT TO: SO FILE NUMBER: CITY OF BEAUMONT PLANNING DIVISION 801 MAIN STREET, ROOM 201 BEAUMONT, TX 77701 Phone - (409) 880-3764 Fax - (409) 880-3110 ff/ perw r K- L7f ATF,• �-`� �-"% PLEASE MAKE NOTE ON REVERSE SIDE OF CONDITIONS TO BE MET REGARDING THE SITE PLAN AND LETTER OF PROPOSED USES AND ACTIVITIES. Beaumont Manufacturing and Distribution Company 3/23/18 TO: CITY OF BEAUMONT PLANNING DIVISION 801 MAIN STREET, ROOM 201 BEAUMONT, TX 77701 FROM: BMD, LLC 1009 LAUREL ST BEAUMONT, TX 77701 RE: SPECIFIC USE PERMIT APPLICATION 840-850 FANNIN ST BEAUMONT, TX 77701 To whom it may concern, Please find enclosed application for a Specific Use Permit from the City of Beaumont concerning the property located at 840-850 Fannin Street in downtown Beaumont. The property is currently owned by Community Bank of Texas (Becker Printing foreclosure) and under contract for purchase by BMD, LLC. We feel strongly that our business will be a great fit for the area, will bring additional jobs to the community and will improve the value of the property and adjoining lots. We look forward to your feedback. If you have any questions or need additional information please don't hesitate to contact me. Sincerely, CC-- CN, Michael E. Ewing Acting Manager BMD, LLC BMD, LLC 1009 Laurel St. Beaumont, TX 77701 www.beaumontmanufacturing.com (409)225-5863 bin4d and Distribution Company 3/22/18 RE: Specific Use Permit Application City of Beaumont, TX 850 Fannin St Beaumont Manufacturing and Distribution Company, LLC (BMD) was formed in 2015 to manufacture and assemble high quality control equipment for the upstream oil and gas industry. BMD's product offering currently includes: level controls, regulators, controls valves, relief valves, and pressure pilots. Upon completing the engineering and design work, BMD officially began selling products in the Fall of 2016 and has experienced substantial growth over the last year (10 to 26 employees and $0 to $5 million dollars in sales in the first year). BMD is currently forecasting $8-10 million in revenue for the 2018 calendar year. In an effort to continue scaling the business, the company is looking for a new building in which to expand. 14 [Cut 1.) That the specific use will be compatible with and not injurious to the use and enjoyment of other property, nor significantly diminish or impair property values within the immediate vicinity; The property is immediately bordered on the West, South and East sides by roads (Archie St, Fannin St, and Jefferson St) and a semi -vacant lot to the North with a warehouse currently owned by Cajun Country Cookers, Inc. The nearest business to the East and adjacent to the property is White Blue Print Co. The nearest business to the west is Leaseall Rentall. The remaining nearby properties are either open lots and/or fenced in stock yards. BMD's specific use is congruent to and will not encroach upon nor diminish the value of adjoining properties. BMD will use the property and improvements for: product assembly (hand tools, light air tools), warehousing inventory, and office space for: purchasing, supply chain management, production management, quality control, engineering and inside sales. Each of these uses produce minimal noise disturbance, DO NOT produce toxic fumes, DO NOT use toxic chemicals and are congruent in nature with the surrounding businesses (e.g. Cajun Country Cookers, Inc. warehouse and White Blue Print Co. printing production). Property values within the immediate vicinity will increase after the building, lawn/landscaping, fences, signs, parking lots, and lighting are improved and maintained by BMD. Similar to our products, BMD takes pride in our work facilities and has a vested interested in displaying a professional outward appearance to customers, the community and adjoining business owners. BMD, LLC 1009 Laurel St. Beaumont, TX 77701 www.beaumontmanufacturing.com (409)225-5863 2.) That the establishment of the specific use will not impede the normal and orderly development and improvement of surrounding vacant property. BMD's business and operational activities will be confined to the 140' X 300' lot, surrounded on 3 sides by public roads and an open lot/warehouse to the north. BMD will improve and maintain the building with high professional standards and not encroach upon any surrounding vacant properties. The net impact of BMD's presence at 850 Fannin will be to entice other business owners to develop/improve surrounding vacant properties. 3.) That adequate utilities, access roads, drainage and other necessary supporting facilities have been or will be provided. The property already has water service and access to 3-phase power, located on the northwest corner of the property and on the east side of Archie St. There are 2 exterior lights on the south, east, and northern sides of the building and 1 exterior light on the west side of the building. The lights are angled downward to provide perimeter lighting to the building's parking area, front entrance, west entrance and northern fenced -in area. The lot is bordered on 3 sides by public roads, Archie St to the west, Fannin St to the south and Jefferson St to the East. There is a fenced 23 -space parking lot on the east side of the property with access off of Fannin St. BMD will build an additional 6 -space parking lot on the west side of the building to be accessed off of Archie St. There are two loading docks with roll -up doors located on the west side of the property with access off of Archie St. There are two doors on the west side, 1 door on the east side of the building and a sidewalk leading from the eastern parking lot to the main front entrance off of Fannin St. The lot is relatively flat; however, drainage is adequate, moving water away from the foundation of the building. 4.) The design, location and arrangement of all driveways and parking spaces provides for the safe and convenient movement of vehicular and pedestrian traffic without adversely affecting the general public or adjacent development. The existing fenced -in parking area is located on the east side of the property and is accessed off of Fannin Street via a 2 -door gate. Driver visibility is clear moving into and out of the parking lot onto Fannin Street. BMD will build an additional 6 -space parking lot to be accessed off of Archie St. Archie Street is not a popular thoroughfare, but more of a side street between Fannin and Bowie St. The 2 loading docks are also located on the west side of the property with access off of Archie Street. The lot is surrounded on 3 sides by public roads that provide ease of access with multiple options to help minimize vehicular traffic. Pedestrian traffic is relatively light in the area, given that are no public sidewalks. 5.) That adequate nuisance prevention measures have been or will be taken to prevent or control offensive odor, fumes, dust, noise and vibration; BMD does not work with toxic chemicals nor anything that produces fumes, odors or dust. Noise will be kept to a minimum by using only hand tools and light air tools inside of the air-conditioned BMD, LLC 1009 Laurel St. Beaumont, TX 77701 www.beaumontmanufacturing.com (409)225-5863 building. The walls of the building and insulation will provide adequate sound attenuation between the work happening on the inside and the surrounding area. Vibrations would primarily originate from trucks coming in and out of the loading docks and the forklift operating on the inside of the building. These vibrations will be minimal and equivalent to what is currently being produced from adjacent businesses. A large portion of the building will be allocated to office space, in which work will be taking place that requires minimal noise/vibration interruptions. BMD has a vested interest in keeping the noise/vibrations down to provide employees with a suitable working environment. 6.) That directional lighting will be provided so as not to disturb or adversely affect neighboring properties; There are 2 lights located on the front of the building near the main entrance, 2 lights on the east side of the building near the east entrance, 2 lights on the north side of the building to provide security lighting for the fenced in area, and 1 light on the west side of the building between the 2 roll up doors. All exterior lights are angled downward so as to provide perimeter lighting for the building while not shining on neighboring properties. 7.) That there are sufficient landscaping and screening to insure harmony and compatibility with adjacent property; The fence on the north side of the property is a bit overgrown with some vines and weeds. This fence will be repaired/replaced by BMD and planted with ivy to block visibility to the backside of the building and air conditioning units and provide an aesthetic appeal to nearby properties. There are two bushes bordering the entrance to the East parking lot and a hedge row that starts on the east side of the building and wraps around the front of the building. BMD currently employs a landscaping/lawn crew to maintain the exterior of our existing locations. This lawn crew will also be responsible for maintaining and improving the hedges and lawn at 850 Fannin. The landscaping currently is the best in the area and will be improved upon and maintained at a professional level. 8.) That the proposed use is in accordance with the Comprehensive Plan; The property is located in an area of the CBD where businesses/properties with industrial type uses are prevalent. BMD will add value to the area and follow suit in accordance with the Comprehensive Plan. BMD, LLC 1009 Laurel St. Beaumont, TX 77701 www.beaumontmanufacturing.com (409)225-5863 No Text No Text No Text ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW AN ASSEMBLY/WAREHOUSE/MANUFACTURING FACILIITY IN THE CBD (CENTRAL BUSINESS DISTRICT) AT 850 FANNIN STREET IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. I112MM�IIIIIIII 11111 1111; 1 11111111 Illill 11, 111 �—o •1 1111 1• i I I I I I I i I I I I i I I • I I I I I i I I! I• 'III I I I I Z in the CBD (Central Business District) at 850 Fannin Street, being Lots 1-6, Block 3, 111111111111 -I MEK= IRWIN V• I iff III I I ORION I Iiiiii IIIN ii I III WHEREAS, the City Council is of the opinion that the issuance of such specific use permit to allow an assembly/warehouse/manufacturing facility is in the best interest THAT the statements and findings set out in the preamble to this ordinance are hereby, IN 1 1: 10IM61 0 in the CBD (Central Business District) at 850 Fannin Street, being Lots 1-6, Block 3, ? i'l I ii I • i i ii I i NINE ill I i ilit!i That the specific use permit herein granted is expressly issued for and in accordance with each particular and detail of the site plan attached hereto as Exhibit Notwithstanding the site plan attached hereto, the use of the property herein contained in Chapter 28 of the Code of Ordinances of Beaumont, exas, as amended, as well as comply with any and all federal, state and local statutes, regulations qI 0 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. m e 2335-P: A request for a Specific Use Permit to allow an embly/warehousing/manufacturing facility in the CBD (Central Business District). plicant: Beaumont Manufacturing and Distribution Company, LLC cation: 850 Fannin 0 100 200 1 1 1 1 Feet m Z y p O o m w C O: o m m m y X ti O O 0 m = m- Z O OZ m r O O = C Z m D o- z � I Z w D m O m I W i t o PROPOSED EXTRA m 0. p A O ARKING b SPACE$ Z ,oW ARCHIE ST 0 L [0./.11.31 rn PAVED AREA D o- z � I m O I W i t o PROPOSED EXTRA 0. p A o ARKING b SPACE$ Z 0 I !�. o O i I I I z I z O82 I w o II o z Z I v O g O o II a H a n O I w 0 o m i I II I o b �m [0./.11.31 rn 0 Consider a request for a Specific Use Permit to allow a daycare facility in a GC -MD -2 (General Commercial -Multiple Family Dwelling -2) District located in the 6300 block of Delaware Street TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Chris Boone, Tanning & Community Development Director MEETING DATE: April 24, 2018 REQUESTED ACTION: Council consider a request for a Specific Use Permit to allow a daycare facility in a GC -MD -2 (General Commercial -Multiple Family Dwelling -2) District located in the 6300 block of Delaware Street. BACKGROUND Stephen West is requesting a Specific Use Permit to allow a daycare center in the 6300 block of Delaware Street. Mr. West states the facility will provide care for a maximum of 295 students and will be staffed by a maximum of 48 employees. The largest shift would require 20 employees onsite. Hours of operation will be Monday through Friday, 6a.m. to 6:30p.m. and a concierge service will be utilized for drop off and pick up times, to assist in efficient use of parking areas and driving lanes. At a Joint Public Hearing held on April 16, 2018, the Planning Commission recommended 7:0 to approve a request for a request for a Specific Use Permit to allow a daycare facility in a GC -MD -2 (General Commercial -Multiple Family Dwelling -2) District located in the 6300 block of Delaware Street with the following conditions: 1. Plans must show three (3) required ADA parking spaces, one being van accessible, as well as access isles and the required ramp for access to the structure. 2. Landscaping shall be installed along the perimeter of the parking area at the right-of-way along with required parking islands to meet City of Beaumont regulations. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the ordinance with the following conditions: 1. Plans must show three (3) required ADA parking spaces, one being van accessible, as well as access isles and the required ramp for access to the structure. 2. Landscaping shall be installed along the perimeter of the parking area at the right-of-way along with required parking islands to meet City of Beaumont regulations. SPECIFIC USE PERMIT APPLICATION BEAUMONT, TEXAS (Chapter 28, City Codes) TO: THE PLANNING COMMISSION AND CITY COUNCIL, CITY OF BEAUMONT, TEXAS APPLICANT'S NAME: Stephen West APPLICANT'S ADDRESS: 3250 Eastex Freeway, Beaumont, Texas 77703 APPLICANT'S PHONE rt:409 392-0421 FAX -#:400-892-1346 NAME OF PROPERTYOWNTER:Sam C. Parigi, Jr. ADDRESS OF PROPERTY OWNER:445 North 14th Street, Beaumont, Texas 77702 LOCATION OF PROPERTY: Delaware Street LEGAL DESCRIPTION OF PROPERTY: LOT NO. OR BLOCK NO. ADDITION NUMBER OF ACRES TRACT1.5000 Acre Tract PLAT SURVEY. Hezekiah Williams, Abstract No. 66 NUMBER OF ACRES 1 .5000 Acres For properties not in a recorded subdivision, submit a copy of a current survey or plat showing the properties proposed for a specific use permit, and a complete legal field note description. PROPOSEDUSE:Day Care Facility ZONE- GC -MD ATTACH A LE'T'TER describing all processes and activities involved with the proposed uses. ATTACH A SITE PLAN drawn to scale with the information listed on the top back side of this sheet. ATTACH A REDUCED 8 %/--" X I I" PHOTOCOPY OF THE SITE PLAN. THE EIGHT CONDITIONS listed on the back side of this sheet must be met before City Council can giant a specific use permit. PLEASE ADDRESS EACH CONDITIONEN DETAIL, ATTACH THE APPROPRIATE APPLICATION FEE: LESS THAN '/a ACRE.................................................................S250.00 VI ACRE OR MORE AATD LESS THAN 5 ACRES ...................S450.00 5 ACRES OR MORE.- ........ .......... — .... — ............................. S650.00 1, being the undersigned applicant, understand that all afthe conditions, dimensions, building sizes, landscaping and parking areas depicted on the site plan shall be adhered to as amended and approved by City Council. SIGNATURE OF APPLICANT:' DATE- 3-16-18 Q SIGNATURE OF PROPERTY OWNER: DATE-_� PLEASE TYPE OR PRINT AND SUBMIT TO: CITY OF BEAUMONT PLA?VNING DIVISION 901 MALT STREET, ROOM 201 FILE NUMBER: BEAUMONT, TX 77701 Phone - (409) 880-3764 Fax - (409) 880-3110 -ti�?r�t�:�a:'i%%k%Kk:%:k:1::F•:k:l:�'A::%:K'k :t Y;:k st Y,cNyF:i: =1:# :>tti ��::e A=F=k}:��F:Y:F %k���* f�F=k1::k:k:k:k sk N:.it �>k:k #:k�i:>k &:k'.kic t:l::t%:�%W'�a:$MSF+K:k:k:k:k:k.t%k>!:'kx>k%�%1:'+h;k:f��%Y+KY,: y'%:<+:�:::k a: a<E:-k>k%kY.:i.. PLL -ASE MAKENOTE ON REVERSE SIDE OF CONDITIONS TO BE MET REGARr)RdG THE SITE PLAN Alli D LETTIrR OF PROPOSED USES AND ACTIVITIES. Care Day 10'elaware --) a R§ 16 March 2018 City of Beaumont Planning Division 801 Main Street, Room 201 Beaumont, Texas 77701 ATTN.: Chris Boone Director of Planning and Community Development REF.: Specific Use Permit Delaware Street Dear Mr. Boone: Please find attached the Specific Use Permit Application along with a site plan and the fee for the above referenced tract. We propose to construct a single story Day Care Facility within the 1.5 acre tract located on Delaware Street. The Day Care Facility will occupy a maximum 295 students and will employee a maximum 48 employees. The largest shift of employees on duty will be 20. The Day Care will be open Monday thru Friday 6 a.m. to 6:30 p.m. and will be closed Saturday and Sunday. A concierge service will be utilized during dropping of and picking up times to assist in the efficient use of the parking areas and drive lanes. The following comments address the eight conditions as required by the City's Specific Use Permit: • The proposed Day Care Facility will enhance the locale and not be injurious to the use and enjoyment of other property, nor significantly diminish or impair property values within the immediate vicinity. Appropriate architectural measures will be taken to ensure aesthetic compatibility with nearby structures as well as to avoid being a nuisance to the residential subdivision to the North. ® The establishment of the specific use will not impede the normal and orderly development and improvement of surrounding vacant property, as the development of this lot follows with the development structure of the existing establishments to the East and allows for future development and access to the West. ® There are existing and adequate utilities, access roads, drainage and other necessary supporting facilities currently present at the site. The site fronts Page 1 of 2 Delaware Street, which has water, sewer, gas and communications within the Right of Way. The site is also bordered on the rear by a Jefferson County Drainage District No. 6 canal, which will be utilized for receiving storm water runoff. • As shown on the attached site plan, the design, location and arrangement of all driveways and parking spaces provide for the safe and convenient movement of vehicular and pedestrian traffic without adversely affecting the general public or adjacent development. A shared driveway with the vacant property to the East will be utilized for site access. An ingress and egress travel way will be provided to have additional access to Valmont Avenue. This additional access point will allow for safety and convenience during dropping off and picking up times. Canopies will be installed for loading areas leading into the building. ® There will be no offensive odor, fumes, dust, noise or vibration caused by the proposed use of this site as a Day Care Facility. ® All proposed onsite lighting will be direct in nature so as not to disturb or adversely affect neighboring properties. Appropriate measures will be taken to mitigate adverse effects on the nearby properties. ® Landscaping and screening will be provided in accordance with the appropriate City requirements to ensure harmony and compatibility with the adjacent properties. ® The proposed use is in accordance with the Comprehensive Plan and will assist in further developing the West End of Beaumont. If you have any questions or need additional information please contact me at (409)-892-0421. Sincerely, Stephen West Engineer Assistant Mark W. Whiteley and Associates, Inc. Page 2 of 2 ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A DAYCARE FACILITY IN A GC -MD -2 (GENERAL COMMERCIAL -MULTIPLE FAMILY DWELLING -2) DISTRICT AT THE 6300 BLOCK OF DELAWARE STREET IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. use permit to allow a daycare facility in a GC -MD -2 (General Commercial-Multipis a daycare facility in a GC -MD -2 (General Commercial -Multiple Family -2) District at the Em Plans must show three (3) required ADA parking spaces, one being van accessible, as well as access isles and the required ramp for access to the structure. • Landscaping shall be installed along the perimeter of the parking area at the right-of-way along with required parking islands to meet City of Beaumont regulations. WHEREAS, the City Council is of the opinion that the issuance of such specific use permit to allow a daycare facility is in the best interest of the City of Beaumont and 13NEEMEMM Section 1. That a specific use permit to allow a daycare facility in a GC -MD -2 (General Commercial -Multiple Family Dwelling) District at the 6300 Block of Delaware Street, as described in Exhibit "A" and shown on Exhibit "B," is hereby granted to Kids R Kids, its legal representatives, successors and assigns, as shown on Exhibit "C," attached hereto and made a part hereof for all purposes, subject to the following conditions: Plans must show three (3) required ADA parking spaces, one being van accessible, as well as access isles and the required ramp for access to the structure. Landscaping shall be installed along the perimeter • the parking area at the right-of-way along with required parking islands to meet City of • regulations. Section 2 That the specific use permit herein granted is expressly issued for and in accordance with each particular and detail of the site plan attached hereto as Exhibit .7 FOR MOM FR rel M on = Section 3. -lotwithstanding the site plan attached hereto, the use of the property herein 11111`1111110•i MRIAMWO :iiiiiii 1•111111111• .; • I - illip �11!lllql�llg�l 1 111111111 Ellmill k"iff—M=pKill III EMMERM m ZMUEW 11 wwwo mom mA w fro me ��iiiii !111 11�111 �i;jjj ;111 IjpIjI�!!jl 11111111111111111111111 !! 1111111 1 Being a 1.5000 acre tract or parcel of land situated in the Hezekiah Williams Survey, Abstract No. 56, Jefferson County, Texas and being out of and part of the remainder of that certain called 209.2045 acre tract of land as described in a "Special Warranty Deed" from Amoco Production Company to Delaware Extension Development, Ltd. as recorded in Clerk's File No. 2000047669, Oficial Public Records of Real Property, Jefferson County, Texas, said 1.5000 acre tract being more particularly described as follows: NOTE.- All bearings are referenced to the West line of that certain called 3.0248 acre tract conveyed to BGN2, Inc. as SOUTH 03'3337" EAST as recorded in Clerk's File No. 2010006437, Official Public Records of Real Property, Jefferson County, Texas. All set 5/8" iron rods set with caps stamped "M. W. Whiteley & Associates ". BEGINNING at a scribed "X" in a concrete drive found for Southeast corner of the remainder of the said 209.2045 acre Delaware Extension Development, Ltd. tract, and being the Southwest corner of the remainder of that certain called 3.0248 acre tract of land as described in a "Special Warranty Deed" from Talisman Development, Inc. to BGN2, Inc. as recorded in Clerk's File No. 2008024491 and Clerk's File No. 2010006437, Official Public Records of Real Property, Jefferson County, Texas and said corner being in the North right-of-way line of Delaware Street (based on a width of 100 feet); THENCE SOUTH 8603709" WEST, along and with the North right-of-way line of Delaware Street, for a distance of 92.79 feet to a 5/8" iron rod found for corner, said corner being the beginning of a curve turning to the left having a radius of 3120.88 feet and being subtended by a chord bearing of SOUTH 85°34'42" WEST having a chord length of 130.58 feet; THENCE WESTERLY, continuing along and with the North right-of-way line of Delaware Street and said curve, for an are length of 130.59 feet to a 5/8" iron rod set for corner; THENCE NORTH 03033'37" WEST, over and across the remainder of the said 209.2045 acre Delaware Extension Development, Ltd. tract and parallel to the East line of the remainder of the said 209.2045 acre Delaware Extension Development, Ltd. tract, for a distance of 306.69 feet to a 5/8" iron rod set for corner, said corner being in the South line of that certain called 3.108 acre tract of land being called the Dowdel Ditch as described in a "Donation Deed" from Delaware Extension Development, Ltd. to Jefferson County Drainage District No. 6 as recorded in Clerk's File No. 2003050607, Official Public Records of Real Property, Jefferson County, Texas and said corner being the beginning of a curve turning to the left having a radius of 760.00 feet and being subtended by a chord bearing SOUTH 87°34'40" EAST having a chord length of 157.29 feet; THENCE EASTERLY, along and with said curve and the boundary between the tract herein described and the said 3.108 acre Jefferson County Drainage District No. 6 tract, for an are length of 157.57 feet to a 1/2" iron rod found for corner; THENCE NORTH 86024'40" EAST, continuing along and with the boundary between the tract herein described and the said 3.108 acre Jefferson County Drainage District No. 6 tract, for a distance of 66.93 feet to an iron rod with a Jefferson County Drainage District No. 6 aluminum cap found for corner, said corner being the Southeast corner of the said 3.108 acre Jefferson County Drainage District No. 6 tract and the Southwest corner of that certain called 2.6259 acre tract of land as described in a "General Warranty Deed" from Talisman Development, Inc. to Jefferson County Drainage District No. 6 as recorded in Clerk's File No. 2007006342, Official Public «4ntiw_A Records of Real Property, Jefferson County, Texas and the Northwest corner of the remainder of the said 3.0248 acre BGN2, Inc. tract; THENCE SOUTH 03033'37" EAST, along and with the boundary between the tract herein described and the remainder of the said 3.0248 acre BGN2, Inc. tract, for a distance of 288.66 feet to the POINT OF BEGINNING and containing 1.5000 Acres, more or less. File 2334-P: A request for a Specific Use Permit to allow a daycare facility in a GC -MD -2 (General Commercial -Multiple Family Dwelling -2) District. Applicant: Stephen West Location: 6300 block of Delaware Street, approximately 600 feet east of Valmont Avenue. 0 100 200 300 400 1 1 1 1 1 1 Feet CALLED 3.108 ACRES "DOWDEL DITCH" JEFFERSON COUNTY DRAINAGE DISTRICT NO. 6 CF NO. 2003030607 OPRJC CALLED 2.6259 ACRES JEFFERSON COUNTY DRAINAGE DISTRICT NO. 6 CF NO. 2007006342 OPRJC INGRESS & EGRESS EASEMENT 10' UTILITY EASEMENT CF NO, 2007017141 OPRJC 111 ===_Z:=�— X = q— SAN. SWR: MANHOLE L.S. AREA I I I o C1 L.S. AREA N86024'40"E 66.93' C2 SIDE �----- -CURB INLET - ^ ---------------15' REAR SETBACK -------------� 1 I � — — — — — - I COVERED I 1.5 ACRES I I 43.02' 51.54' "W20.61° 15.33. 51.46' I I 20.72' 20.67'I I I IY I I YI Im ml I UI jN U) KIDS R KIDS of 13,536 S.F. M NI � L SINGLE STORY Lo I I � I I REMAINDER OF o CALLED 209.2045 ACRES M 1 00 DELAWARE EXTENSION 51.59' 51.42' 00 REMAINDER OF DEVELOPMENT, LTD. I lJJ CALLED 3.0248 ACRES CF NO. 2000047669 I - BGN2, INC. OPRJCM I a 6T 19.35 =N 64.31' N N 8.67' I M CF ND. 2008024491 & M ( 2v 19.35' M CF N0. 2010006437 o o OPRJC Z COVERED o CD I ( I 1 CD INGRESS & EGRESS EASEMENT 10' UTILITY EASEMENT CF NO, 2007017141 OPRJC 111 ===_Z:=�— X = q— SAN. SWR: MANHOLE L.S. AREA I I I o AREA L.S. AREA C2 SIDE �----- -CURB INLET II I AREA GROUND SIGN PERI 28.03.021 20' FRONT SETBACK LS. AREA KS86°37'09"W 92.79' EXISTING SIDEWALK DRIVEWAY DELAWARE STREET (100' ROW) CLANT: DELAWARE EXTENSION DEPEIAP]dM, LTD, !DRB'(., SAW SCALESHEEPNo.: ACAS Wore 1 = 50'iof 2 NO. ME W.\2018\18-284\ REV. 8-284 18 -284 -SUP Sketch.DWGI 1 ' MARK W. WHITELEY AND ASSOCIATES y' INCORPORATED CONSULTING &NGUU8M- SURVEYORS, AND P5NNERS T.B.P.L.S. FIRM NO. 10106700 T.B.P.& FIRM NO. F-2633 ''A= FM. EXHIBIT "C" _m —10' EXCLUSIVE WATER LINE EASEMEN CITY OF BEAUMONT CF NO. 2010028589 OPRJC PROPOSED a SITE PLAN DELAWARE . 1.5 ACRE TRACT HEZEKIAH WILLIAMS ABSTRACT NO. 56 BEAUMONT JEFFERSOV COUll Consider amending Section 4.04.003 and Section 4.09.001 of the Code of Ordinances related to Animal Care moi/ i TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Chris Jarmon, Executive Assistant to the City Manager MEETING DATE: April 24, 2018 REQUESTED ACTION: Council consider amending Section 4.04.003 and Section 4.09.001 of the Code of Ordinances related to Animal Care. BACKGROUND There are two changes in the proposed ordinance. The first change is to clarify rabies vaccination requirements. Animals will be required to get a rabies vaccination by four (4) months of age, get a booster within twelve (12) months, and then be revaccinated every three (3) years. These changes are consistent with state law. The second change is to increase the adoption fee for dogs from $120 to $130 and for cats from $90 to $100 in order to microchip them prior to adoption. With these changes, all shelter animals will be vaccinated, spayed or neutered, and microchipped prior to adoption. The Animal Care Advisory Committee met on April 5, 2018 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. 4.04.003 Vaccination Every owner of a dog, cat or ferret shall have the animal va,ccin ted g YIlLn t rabies b four (4) months of age e&-o��ag. The animal roust receive a booster within the twelve month rgep�a� fcsll win the in vaccination and then must be revaccinated against rabies once every three (3) years by a veterinarian duly licensed to practice in the state. There shall be a fee charged for vaccinations administered at the city animal care facility as provided for in section 4409.0011. Any person moving into the city shall comply with this section within thirty (30) days after relocation. To prevent improper vaccination of animals against and the accidental exposure of humans to rabies, killed virus rabies vaccine for animals shall be administered only by or under the direct supervision of a veterinarian who is licensed to practice in the state. (Ordinance 84-166, sec. 1, adopted 12/18/84; Ordinance 06-048, sec. 3, adopted 8/22/06; 1978 Code, sec. 5-31; Ordinance 17-007, sec. 27, adopted 1/31/17) State law reference—Rabies vaccinations, V.T.C.A., Health and Safety Code, sec. 826.021 et seq. CHAPTER 4 ANIMAL CONTROL ARTICLE 4.09 ANIMAL CARE FEES 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. 0) Trap rental fee (shall consist of an administrative fee and refundable usage fee): (1) Administrative fee: $10.00. (2) Refundable usage fee: $89.95. (3) Special rates: The city manager may waive trap rental fees as circumstances warrant. (k) Adoption fees: (1) Unaltered adult animals: (A) Cats: $-90: e_, 000.00 (B) Dogs: $1 $130.00 (2) Altered or underage animals: (A) Cats: $344)0,140.00 (B) Dogs: ,', 60.00 (3) -r- adoption fees may be waived or modified nat 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. (Ordinance 17-007, sec. 56, adopted 1/31/17; Ordinance 17-076 adopted 12/12/17) ENTITLED AN ORDINANCE AMENDING CHAPTER 4, ARTICLE 4.04, SECTION 4.04.003 AND CHAPTER 4, ARTICLE 4.09, SECTION 4.09.0019(k) OF THE CODE OF ORDINANCES OF BEAUMONT, TEXAS TO MAKE CHANGES RELATING TO RABIES VACCINATION AND ANIMAL CARE FEES; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL; AND PROVIDING A PENALTY. THAT Chapter 4, Article 4.04, Section 4.04.003 of the Code of Ordinances of the City of Every owner of a dog, cat or ferretshallhave the animal vaccinated against rabies by four (4) months of age. The animal must receive a booster within the twelve (12) month interval following the initial vaccination and then must be revaccinated against rabies once every three (3) years by a veterinarian duly licensed to practice in the state. There shall be a fee charged for vaccinations administered at the city animal care facility as provided for in section 4.09.001. Any person moving into the city shall comply with this section within thirty (30) days after relocation. To prevent improper vaccination of animals against and the accidental exposure of humans to rabies, killed virus rabies vaccine for animals shall be administered only by or under the direct supervision of a veterinarian who is licensed to practice in the state. Section 2. THAT Chapter 4, Article 4.09, Section 4.09.001 (k) of the Code of Ordinances of the City (k) Adoption fees: (1) Unaltered adult animals: (2) Altered or underage animals: (A) Cats: $40.00. (B) Dogs: $60.00. (3) Adoption fees may be waived or modified at the discretion of the city manager. RMMMN 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 1-0 That all ordinances or parts of ordinances in conflict herewith are repealed to the extel ffelff-TIRMUM 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, Chapt-" 'IN MI ZMMEM mms���� [j1 Consider the second reading of the ordinance granting to Entergy Texas, Inc. the right, privilege and franchise to conduct within the City an electrical lighting and power business �A t"111LAVA TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tyrone E. Cooper, City Attorney MEETING DATE: April 24, 2018 REQUESTED ACTION: Council consider the second reading of the ordinance granting to Entergy Texas, Inc. the right, privilege and franchise to conduct within the City an electrical lighting and power business. BACKGROUND The current Beaumont and Entergy Texas, Inc. ("ETI") franchise agreement term has expired and the franchise needs to be updated and renewed. The new agreement maintains most of the existing language and ETI's obligations for use of the public right of way within the City. The term of the franchise is twenty-five (25) years. There are several changes to the franchise. First, the annual rental payments by ETI to the City for use of the right of way are increased. Currently, ETI makes a base franchise payment once per year and incremental franchise payment four times per year on a quarterly basis. The incremental franchise rate has been increased resulting in total increased franchise revenues to the City of over $900,000 annually. The second franchise change is to include an inflation adjustment clause to adjust future franchise fee charges for changes in inflation over the life of the franchise agreement. This inflation factor will protect against declining franchise collections over the life of the franchise agreement. This is the second of three readings required to renew the ETI franchise. FUNDING SOURCE N/A RECOMMENDATION Approval of ordinance. •IR 1G\ 0 AN ORDINANCE GRANTING TO ENTERGY TEXAS, INC. THE RIGHT, PRIVILEGE AND FRANCHISE TO CONDUCT WITHIN THE CITY AN ELECTRICAL LIGHTING AND POWER BUSINESS; PROVIDING AN EFFECTVIE DATE UPON ACCEPTANCE IN WRITING BY ENTERGY TEXAS, INC. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: Section 1: That, subject to the terms, conditions and provisions of this ordinance, the City of Beaumont, Texas, hereinafter referred to as "City," does hereby grant unto Entergy Texas, Inc., hereinafter referred to as "Company", the right, privilege and franchise to conduct within the City an electrical lighting and power business and to enter upon, erect, construct, maintain, extend, repair, replace and remove in, under, upon, over, above, across and along any and all of the present and future public roads (notwithstanding any use restrictions), highways, parks, streets, lands, alleys, whether designated or undesignated and other public areas and rights of way of the City and over, under, above, along and across any and all streams, canals, bayous, embankments and bridges, now or hereafter owned or controlled by the City (hereinafter referred to as "Public Rights -of -Way"), a system of poles, pole lines, towers, distribution lines, transmission lines, wires, guys, cables, conduits, transformers and other distribution and transmission instrumentalities, facilities and appurtenances (including communications facilities) necessary or proper for the transmission and distribution of electricity and communication including broadband over power line communications services ("BPL") into, in, within, from, across, and through the City, as now existing, or as said City limits may hereafter be extended (hereinafter referred to as "Company Facilities"); and Company is authorized to use Company Facilities for the transmission, distribution, delivery and sale of electricity and communication to the municipality and to the inhabitants of the City and to any governmental agency, and to any governmental subdivision, and to any person, firm or corporation, wherever located, within or without the City limits of the City of Beaumont, for use by such purchaser, or purchasers, for light, power, cooling and heat, and for any other purpose, or purposes, whether same or different from those herein specified, for which electricity may be used. Provided, this Franchise does not include places where the City's authority to permit such installations is or hereafter may be withdrawn by the State, or where the Texas Department of Transportation or other State agency constructs or maintains such public facility or place and lawfully excludes the authority of the City to permit such public utility and BPL installations therein. In the event that the City abandons a Public Right -of - Way, City shall ensure that the Company has access to sufficient and reasonable Right - of -Way to maintain Companies Facilities. Section 2: The right, privilege and franchise granted under this Franchise Ordinance is, at all times, subject to the continuing police power of the City; and the Company shall comply with all present and future laws, ordinances and regulations of the State of Texas and the City enacted pursuant to the City's or State's police power. Section 3: Upon the filing with the City by Company of the acceptance required hereunder, this franchise shall be in full force and effect for a term and period of twenty- five (25) years commencing upon, and extending from, the date of passage of this ordinance by City ("Effective Date"). r Provided that, if subsequent to the effective date of this Agreement, any Texas municipality, city or City within the Company's service area ("Other City or Municipality") enters into with Company a franchise term of less than twenty-five (25) years, the City will have the right after reasonable notice to receive the same term. If the City elects to exercise this right, the new contract term will begin upon passage of an amendment to this franchise approving of the same term as the other municipality and end when the new term has run in its entirety, no matter how many years had expired under the original twenty-five year term. Provided however, this provision is not applicable if the Other City or Municipality is precluded from entering into a twenty-five (25) year term by law or city charter. Section 4: Company, on written request of any person, shall relocate, raise or lower its wires temporarily to permit construction work in the vicinity thereof, or to permit the moving of houses or other bulky structures. The expense of such temporary relocation, raising or lowering of such wires shall be paid by the benefited party or parties and the Company may require the payment in advance, being without obligation to remove, raise or lower its wires until such payment shall have been made. The Company shall be given not less than forty-eight hours prior notice to arrange for such temporary wire change. Section 5: The City shall have the power at any time to require the Company to change permanently the route and position of Company Facilities when the City shall find, by resolution, that such change is necessary in the closing, opening, widening or relocating of streets or alleys, or water or sewer lines, or the changing of grade of streets or alleys. The City shall use its best reasonable efforts to consult and confer with the Company before requiring any such relocation or raising or lowering of its lines or cables, with a view to accomplishing the result in a reasonable and economical manner. If it becomes necessary to relocate any lines or facilities, City will provide suitable Right of Way adjacent to the relocated street, alley, water line, or sewer line, without any cost or expense to Company. The obligation to change the route does not require the placement of overhead lines underground unless the City pays for the increased costs of placing the lines underground. With the exception of costs incurred by the City in the preceding sentence, all other costs of relocation pursuant to this section shall be paid by the Company. Provided, however, the Company shall be entitled to be paid for its costs of relocation required by the City if such expenses or costs are reimbursable or payable to the Company or to the City or the State of Texas, the United States, or any agency or subdivision of either whether directly or indirectly. Section 6: To the extent that the City has authority to do so, it gives to Company, during the life of this Franchise, the right, license, privilege and permission to trim and remove trees and other vegetation, using generally accepted methods within the vegetation management industry, located upon and overhanging the streets, alleys, easements, sidewalks and public places of City, that interfere or offer hazards to the operation of Company's facilities used or useful for the rendition of electric service. The Company is responsible for the prompt removal and disposal of all trimmings associated with maintenance of its lines and facilities. Section 7: Nothing contained in this ordinance shall ever be construed as conferring upon Company any exclusive rights or privileges of any nature whatsoever. Section 8: If any provision, section, sub -section, sentence, clause, or phrase of this ordinance is, for any reason, held to be unconstitutional, void, or invalid (or for any reason unenforceable) the validity of the remaining portions of this ordinance shall not be affected thereby, it being the intent of the City in adopting this ordinance that no portion thereof or provision or regulation contained herein shall become inoperative or fail by reason of any unconstitutionality or invalidity of any other portion, provision or regulation, and, to this end, all provisions of this ordinance are declared to be severable. Section 9: The City, by granting this Franchise, does not surrender or to any extent lose, waive, impair or lessen the lawful powers and rights, now or hereafter vested in the City under the constitution and statutes of the State of Texas to regulate the rates for services of Company; and Company, by its acceptance of this franchise, agrees that all such lawful regulatory powers and rights, as the same may be from time to time vested in the City, shall be in full force and effect and subject to the exercise by the City at any time. Section 10: As compensation to City for the use and occupancy of its Public Rights -of -Way, and in consideration for the other rights and privileges herein granted, Company agrees to pay to the City and City agrees to accept from Company on August 1 of each year during the continuance of this agreement, a fee equal to $0.0021524 ("Base Franchise Fee Factor") multiplied times the number of kilowatt hours delivered during the period commencing on July 1 of the previous calendar year and ending on June 30 of the calendar year in which the payment is due, inclusive, by Company to retail customers whose consuming facility's point of delivery is within the City's boundaries. At the time of each annual August 1 payment, Company shall also submit to the City a sworn statement showing the following: (i) its kilowatt hour sales delivered in total to the retail customers whose consuming facilities' points of delivery are located within the City's boundaries for the preceding year upon which the franchise fee payments are calculated; and (ii) a calculation of the annual Base Franchise Fee payment. The statement shall be in a form substantially similar to attachment "A." Provided that if, subsequent to the effective date of this Agreement, any Texas municipality within the Company's service area negotiates with Company a methodology for calculation of the payment of the franchise different than the Base Franchise Fee kWh factor methodology used in this section and the Incremental Franchise Fee kWh factor methodology used in Section 11(A), the City will have the right after reasonable notice to utilize the same methodology. The parties agree that the payments due under this franchise are reasonable and necessary and that the parties shall use their best efforts to enable Company to recover these payments through its electric rates. Section 11(A): In addition to the compensation set out in Section 10, and subject to the provisions of Subsection 11(C), Company shall continue to pay on or before the 15th day of May, August, November and February ("Payment Date") an amount equal to a $.0010137 charge per kilowatt hour ("Incremental Franchise Fee") multiplied times the number of kilowatt hours delivered by Company during the preceding calendar quarter ending March, June, September, and December ("Calculation Period"), in total to retail customers whose consuming facilities points of delivery were located within the City's boundaries less any applicable taxes including gross receipts taxes. This amount shall be referred to as "Incremental Amounts." However, in connection with the passage of this Agreement, City has also passed the attached Incremental Beaumont Franchise Fee Recovery Rider effective April 2, 2018. Beginning with the August 2018 quarterly payment due under this subsection and all future payment under this subsection will be an amount equal to a $0.0015908 charge per kilowatt hour ("Incremental Franchise Fee") multiplied times the number of kilowatt hours delivered by Company during the preceding calendar quarter ending March, June, September, and December ("Calculation Period"), in total to retail customers whose consuming facilities points of delivery were located within the City's boundaries less any applicable taxes including gross receipts taxes. Beginning on the first anniversary of the effective date of this Franchise Agreement and annually thereafter, Company shall annually adjust the Incremental unit per kWh franchise fee rate, set forth in subsection 11 (A), by an amount to be designated in writing by the city based on the annual increase, if any, in the consumer price index. The adjustment provided for in this subsection shall become effective only upon the City's approval of an equivalent adjustment to the corresponding surcharge, which provides for the Company's collection through the corresponding Surcharge of the increase in the Incremental Franchise Fee payment resulting from the adjustment provided in this subsection. The first payment of the increased Incremental Amount shall be no sooner than the first full quarter in which the corresponding increased Surcharge has been in effect and shall include any amounts collected through the increased Surcharge during any month of the prior quarter. At the time of each quarterly payment for Incremental Amounts, Company shall also submit to the City a sworn statement showing the following: (i) its kilowatt hour sales delivered in total to the retail customers whose consuming facilities' points of delivery are located within the City's boundaries for the preceding quarter upon which the franchise fee payments are calculated; and (ii) a calculation of the quarterly Incremental Franchise Fee payment. The statement shall be in a form substantially similar to attachment "B." Section 11(13): An underlying premise of this Franchise Agreement is that the Company shall be kept financially whole with respect to any and all Incremental Amounts, as defined above in this Section 11(A). The Incremental Amounts will be collected through a Surcharge adopted and approved by City applicable to all retail customers whose consuming facility's point of delivery are located within the City's boundaries. The amount to be paid to City on each Payment Date shall never exceed the amount collected by Company during the corresponding Calculation Period while the Surcharge is in effect. In the event the Public Utility Commission of Texas ("PUCT") or a court of competent jurisdiction finds the amounts collected by Company through the Surcharge are improper and disallows or requires repayment ("Disallowed Amounts"), Company shall be entitled to collect all Disallowed Amounts through either direct payment by City or a reduction of any subsequent franchise payments to City as provided in this Subsection. Prior to Company's reduction in franchise payments, Company shall provide the City 30 days for a one-time opportunity to make a direct payment to Company of any Disallowed Amounts, such 30 days to run from City's receipt of Company's written notice, which shall identify the Disallowed Amounts, the time period over which the Disallowed Amounts accrued and an explanation of the calculations. Subsequent to said 30 -day period, and in the absence of timely direct payment by the City of the entirety of the Disallowed Amounts, Company is authorized to reduce any future franchise payment(s) in an amount equal to any Disallowed Amounts not paid by the City. Company is authorized to implement the procedures set forth in this Subsection periodically as Company, in its sole discretion, determines is necessary to recover any ongoing Disallowed Amounts. The corresponding Surcharge described in this Subsection 11(B) shall appear as a line item on Company's retail electric bill and identified as a "Municipal Franchise Fee." Notwithstanding any other provision in this Franchise Agreement, if at any time the Incremental Franchise Fee portion is ever included in base rates, the Incremental Franchise Fee Surcharge will cease as of the effective date of the new base rates that incorporate the previously surcharged Incremental Amounts and the incremental amounts will continue to be paid as set forth in Section 11(A). Section 11(C): Upon the occurrence of any of the following events, the Incremental Franchise Fee rate and quarterly payments provided for in Subsection 11(A) shall no longer be applicable or effective for the purpose of calculating the franchise payment: i. the PUCT or a court of competent jurisdiction 1) finds the corresponding Surcharge unlawful or otherwise prohibits the Surcharge recovery of the Incremental Amounts; 2) finds that the franchise fees calculated under this Section 11(A), or the amounts collected through the corresponding surcharge or through a reduction in franchise payments, as provided herein, may not be recovered by Company from its customers; or 3) in some manner prevents or prohibits Company from recovering said Incremental Amounts; and ii. with respect to the preparation for, or implementation of, retail open access in Company's Texas service territory, Company or Entergy's affiliate distribution company in Texas ("DISCO") or Entergy's affiliate retail electric provider in Texas ("REP"), at any time, is not permitted to implement the monthly Surcharge described in Subsection 11(B). Upon the occurrence of any of the events enumerated in Subsections 11(C) i or ii, only the franchise rate contained in Section 10 shall be applicable and effective for the purpose of calculating and paying the franchise payment under this Franchise Agreement and Cities shall have the option, for one year, to terminate the Franchise Agreement and negotiate a new Franchise Agreement so long as the Company is not required to make a franchise fee payment greater than it is authorized to collect in rates. Further, in the event the PUCT or a court of competent jurisdiction finds a portion of the corresponding Incremental Franchise Fee Surcharge unlawful or otherwise prohibits a portion of the Incremental Franchise Fee Surcharge recovery of the Incremental Amounts, the Incremental Franchise Fee rate and quarterly payments provided for under Subsection 11(A) and (B) shall be amended and adjusted such that the franchise payment made by the Company pursuant to this Section 11(A) to the City is no greater than the amounts the Company is authorized to collect through the corresponding Surcharge. Nothing in the immediately preceding sentence requires that Company agree to a realignment or allocation of the recovery of any portion of the Incremental Amounts from the corresponding Surcharge to the Company's base rates. Section 11(D): City agrees that (a) if City intervenes in any regulatory proceeding before a federal or state agency in which the recovery of Company's franchise fees is an issue, the City will take an affirmative position supporting 100% recovery of franchise fees by Company in the manner consistent with this agreement, and (b) in the event of an appeal of any such regulatory proceeding in which the City has intervened, the City will take an affirmative position in any such appeals in support of the 100% recovery of such franchise fees by Company in the manner consistent with this Agreement. i. City agrees that it will take no action, nor cause any other person or entity to take any action, to prohibit the recovery of such Incremental Amounts by Company. ii. Neither the adoption of this Franchise Agreement, nor the corresponding Surcharge shall be used by either the City or the Company, in any proceeding before a regulatory authority or state or federal court of law, as precedent for a reduction in the Company's rates or as evidence of or support for the positions taken by the City or the Company in such matters. Section 12: In addition to the consideration set forth elsewhere in this franchise agreement and subject to a Joint Use Agreement, the Company shall hold itself ready to furnish free of charge, subject to the use of the City, such pole space as may be required from time to time for the installation of traffic, police and fire alarm system conductors, and alarm or other equipment all of which are owned exclusively by the City, provided that such conductor space does not exceed the capacity of one cross - arm on any one pole, and provided that such space is then available on existing poles. The specific location for these traffic, police and fire alarm conductors, boxes or equipment on Company's poles shall be determined by the Company, and will be allotted at the times specific applications for space are received from the City. Where a main underground ductline is constructed or installed between manholes by Company after the effective date of this franchise agreement, Company shall, as part of same, provide free of charge for the installation by City of its traffic, police or fire alarm cables owned exclusively by the City, one top duct having one capped off entry channel and one capped off exit channel between each two manholes, such entry and exit channels leaving the duct bank enclosure outside of, but near to, such manholes, and no cable or other equipment of City shall enter Company's manholes. All cables installed by the City in Company ducts shall be of the non-metallic, sheath type to prevent corrosive or electrolytic action between the City and Company-owned cables. All City -owned conductors and cables, whether on poles or in ductlines, shall be constructed, maintained and operated in such manner as to not interfere with or create a hazard in the operation of the Company's electrical transmission and distribution system. Further, all City -owned traffic, police and fire alarm conductors, and alarm boxes, and any City circuits on Company poles, and all cables installed by City in ducts constructed by Company, shall be installed in strict compliance with the applicable provisions of the National Electrical Safety Code. Section 13: The fee payable hereunder shall be the total compensation payable by Company to City for Company's use of the Public Rights -of -Way for the conduct of its business under the franchise. City agrees that any street rental ordinances currently in effect shall not be applicable to Company and City shall not charge any additional fee for the use or occupancy of the Public Rights -of -Way in City. If City does charge Company any additional fee for the use or occupancy of the Public Rights -of -Way in City, then Company may deduct the amount charged from the next succeeding franchise payment or payments until fully reimbursed. This does not bar the City from assessing against the Company or its property ad valorem taxes levied on property, excise taxes levied, or other taxes. Section 14: City may initiate an audit or other inquiry, or may pursue a cause of action in relation to the payment of the fee only if such audit, inquiry, or pursuit of a cause of action concerns a payment made less than two (2) years before commencement of such audit, inquiry, or pursuit of a cause of action. All books and records related to Company's calculation of the fee shall be available to City. Upon receipt of a written request from City, such documents shall be made available for inspection no later than forty-five (45) days from the receipt of such request. Company shall make such documents available at the place such documents are located, at the Company's Beaumont office, or any location mutually agreed upon according to the needs and abilities of the respective parties. City shall advise Company of the results of the audit within two years of the initiation of the audit. City must make a written demand within two years of the initiation of the audit or any claims associated with the audit shall be waived. Amounts due to City for past underpayments or amounts due Company for past overpayments shall include interest calculated using the annual interest rates for overcharges as set by the Public Utility Commission of Texas. Said interest shall be payable on such sum from the date the initial payment was due until it is paid. Section 15: Within thirty (30) days of the effective date of any expansion, annexation, or de -annexation, or other lawful means of modifying the City's boundaries, the City shall provide to Company reasonable notification of the change in the City's boundaries. Section 16: If the Company shall assign this Franchise to any other person or corporation (the "Assignee") acquiring and duly authorized to acquire, own and operate the Company's property and to carry on the Company's business, the Assignee shall execute and deliver to the City an agreement in writing to be bound by all of the Company's obligations, liabilities, and undertakings under this Franchise. The Assignee shall thereupon be deemed to be substituted for the Company, and the Company shall stand released from all obligations under this Franchise except such as have already accrued. If the Assignee fails to file such agreement within thirty (30) days after said assignment, City shall so notify in writing the Company and Assignee of this deficiency. Should Assignee fail to cure such deficiency within 30 days of the deficiency notification, this agreement shall terminate. Section 17: If it becomes necessary in furnishing electricity as contemplated under this franchise, the City grants to the Company the right and privilege to take up pavements and sidewalks, if any, in and upon said streets, alleys and highways in said City of Beaumont, and such may be over and across any stream or bridge, for the purpose of making such excavation and installation as may be necessary; provided, however, except in the event of an emergency in which excavation is necessary to ensure the safety of the public or the integrity of Company's facilities, Company shall not take up or excavate any pavement at any time without first securing permission of the Director of Public Works of City or City Manager; and provided further, that all excavations and installations so made shall be performed in such manner as will cause the least inconvenience to the public, and Company shall promptly restore to as good condition as before working thereon, and to the reasonable satisfaction of the Director of Public Works of City or City Manager, all streets excavated by it. The City of Beaumont shall have the right to have an inspector present at each excavation and installation. Further, ETI will use reasonable efforts to comply with Chapter 6 of the Manual on Uniform Traffic Control Devices (MUTCD). Section 18: If any of the facilities installed by Company hereunder shall be in any respect damaged or injured by the City of Beaumont or any of its officers, agents, representatives, or employees, in connection with the performance of any work or repairs that may be done to the streets, avenues, alleys, and other public places of the City of Beaumont, Company shall not be entitled to prosecute or maintain a claim against the City of Beaumont for any such damages or injuries so sustained by it, and the same is hereby in all things waived; provided, however, the foregoing portion of this Section shall not apply where such property is damaged or injured as a proximate result of installing, maintaining or removing City's equipment upon or from Company's poles, or in or from Company's ductlines, as provided in Section 12. Section 19: It shall be the Company's obligation hereunder to furnish efficient electrical service to the public at its rate schedule and Company shall maintain its system in reasonable operating condition during the continuance of this Agreement. Section 20: The Company, its successors and assigns shall indemnify, save and hold harmless the City from any and all claims for injuries and damaged to person or property occasioned by or arising out the construction, reconstruction, maintenance, operation or repair of said Company's electrical lighting and power system, or by the conducting of Company's business in The City of Beaumont, or in any way growing out of the granting of this franchise, either directly or indirectly, or by reason of any act, negligence or nonfeasance of the contractors, agents or employees of Company, its successors and assigns, and shall refund to the City all sums which it may be adjudged to pay on any such claims, or which may arise or grow out of the exercise of the rights and privileges hereby granted, or by the abuse thereof, except caused by City's, its employee's or agent's negligence and Company shall indemnify and hold the City harmless from and on account of all damages, costs, expenses, actions and causes of actions that may accrue to or be brought by any person, persons, company or companies at any time hereafter by reason of the exercise of the rights and privileges hereby granted, or of the abuse thereof; provided, however, that the provisions of this Section shall not be applicable to any claims, damages, costs, expenses, actions or cause of actions proximately resulting from the use by City, its officers, agents, representatives or employees, of Company's pole and ductlines for the installation, maintenance or removal of City's equipment, as provided in Section 12. Section 21: This franchise replaces all former franchise and/or street rental ordinances and agreements with Company, which are hereby repealed as to Company. Section 22: Company shall, within sixty (60) days from the date of the final passage of this ordinance by the City Council of the City of Beaumont, Texas, file with ihe City Secretary of the City • Beaumont, Texas, a written statement signed in iS "To the Honorable Mayor and the City Council of the City of Beaumont": Entergy Texas, Inc. hereby accepts the attached ordinance finally passed • the City Council • the City • Beaumont, the •. of ) 20_, and agrees to be bound by all of its terms • provisions. ME3810= LI -12 Section 22: This franchise ordinance shall be in force, and effective, from and after the passage of this ordinance, conditioned that Company file the written acceptance above provided, within the period provided, after the passage of this ordinance; and thereupon this franchise shall become a binding contract; and shall exist for a period of twenty-five (25) years from the date of its passage. 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 RM the 27th day of March, 2018. ME I F R i I i iii•i iiiiiiii 11 •I S • - a • 1 13 W, R11 i Id INT0711=1I i i l l i I INFINITE, liffllillilill 111 Ili I strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter M1 the day of R I'• F*TEn- l•lllMIl ii I I I •NOMINEE • • - Mayor Becky Ames - "N Consider a resolution authorizing the City Manager to execute a lease agreement with Industrial Rescue Instructions Systems, Inc. (dba IRFT Investments, LLC) for use of the Fire Training Grounds TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Todd Simoneaux, Chief Financial Officer MEETING DATE: April 24, 2018 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to execute a lease agreement with Industrial Rescue Instructions Systems, Inc. (dba IRFT Investments, LLC) for use of the Fire Training Grounds. BACKGROUND The Beaumont Fire Training Grounds was created in the late 1960's for training the City's firefighters. Over the years it has become a multi -faceted training center for industry, volunteer and municipal fire departments. Through courses offered, students have received accreditation in industrial and hazardous materials training and firefighting technology. The Fire Training Grounds were previously leased by the Industrial Safety Training Council (ISTC). On October 10, 2017, Council approved the termination of the lease with Resolution 17-210. Proposals to lease the Fire Training Grounds were solicited from five vendors. One response was received from IRFT Investments, LLC of Beaumont. IRFT has agreed to a monthly base rental of eight thousand dollars ($8,000) with a thirty (30) year term. A panel of City staff met and evaluated the response and the criteria score is attached. A copy of the lease is attached for your review. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the resolution. Criteria Evaluation Score RFP Number: PF1118-05 RFP Opening Date: February 15, 2018 RFP Name: Lease of Fire Training Grounds, Beaumont, Texas Criteria Max Points Industrial Rescue Instruction Systems Beaumont, TX. Experience of Personnel 30 29.34 Use of Property 25 25.00 Dollar Value of Lease 25 23.34 Responsiveness to Client Needs 10 9.34 References 10 9.34 Total 100 96.36 10311111Ydrejume • q•On k TW 110012 THAT the City Council hereby approves awarding a thirty (30) year lease agreement to Industrial Rescue Instructions Systems, Inc. (d ba IRFT Investments, LLC), of Beaumont, Texas, for the management and operation of the Beaumont Fire Training Grounds located on Marina Drive. The agreement is substantially in the form attached hereto as Exhibit "A" and made a part hereof for all purposes; and, I I I I I I I I � I I! I I I I I! I I! I P! I I! I I I I! 11!! 11111! 11!! 11! 1111111 33=0 I , , I I I IM 'W 11%08 9171 strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter RM 19"IM pil 1 11 ffelmno-Em= STATE OF TEXAS Is reT0111 0 W&W =10 a 2:01 0 2018, by and between the City of Beaumont, a home -rule city, herein called LESSOR, I - i I ii i ! WITNESSETH: 1111 - •,'••- ZNWTMI��� 4 1111 � � � I � i � described on Exhibit "A" (leased premises) and made a part hereof for all purposes for a term of three hundred sixty (360) months, beginning on May 1, 2018 and ending on April 30, 2048, (the "Primary Term") to be used for its lawful purpose and paying therefor rent in the following amounts: 1. Monthly base rental of $8,000.00 for the first sixty (60) months with the base rent for the first month ($8,000) payable upon execution of this Lease; then $8,250.00 per month for the remaining three hundred (300) months of the primary term. Payments of base rent are due on the 1st day of each month. In addition to base rental, LESSEE shall pay additional rent based upon the increase in the Houston/Galveston/Brazoria Consumer Price Index (C.P.I.) as reported by the United States Department of Labor, Bureau of Labor Statistics, to be calculated as follows: Page 1 EXHIBIT "A" rd TI--Iq-- M. I J11!1J111!1J1JJJJJJJjJi:- beginning on the 61't month of this lease, an adjustment based on the increase in Vz-', C.P.I. will be added to the monthly payment annually through the duration of the lew Rental beginning in the sixth (6 th) year will be calculated at $8,250 per month plus ar adjustment based on the increase in the C.P.I. from 2019 until the fifth (5 th) year of tf lease (e.g. If the C.P.I. has increased a total of 5% over that period, the monthly rens the 6t' year would be $8,662.50 [$8,250 plus 5% of $8,250 or $412.50]). The C.P.I. escalator will be applied each year thereafter during the term of the lease. Rental sF be due on the dates stated above. Rental payments which are paid after the fifteenth (15 th ) day of each month shall be assessed a $500 late fee, unpaid rental after such thirty (30) day grace period shal' bear interest at ten percent (110%) per annum and such failure to make a timely payment shall be considered a breach of this lease. 2. If LESSEE is not then in default, it may renew this Lease for an additional term to be agreed upon between LESSOR and LESSEE no later than one year prior t# M=1 3. LESSEE shall pay rental installments to LESSOR in person at 801 Main Street, Suite 110, Beaumont, Texas, 7770 1, or by mail at P - 0. Box 3827, Attn: Centri Collections Division, Beaumont, Texas, 77704, or at such other place as LESSOR may from time to time instruct LESSEE in writing. waste. 4. LESSEE shall take good care of the property and its fixtures, and suffer no 5. LESSEE has inspected the premises and agrees to accept possession of the premises in its present condition. 6. LESSEE shall be responsible for the erection and maintenance of all signs and trade fixtures on the leased premises relating to LESSEE'S programs. 7. LESSEE will use the leased premises for education of emergency services. LESSEE will allow LESSOR to send up to five (5) students free of charge to attend any such class presented by LESSEE based on space availability. 8. LESSEE recognizes that various hazardous and environmentally dangerous products are necessary to the educational process of teaching industrial rescue and assumes full and complete responsibility for all spills, leaks and/or environmental liability that may occur as a result of LESSEE'S operations on the leased premises. LESSEE shall be responsible for any permits required by the Railroad Commission of Texas, the Texas Commission on Environmental Quality, Texas General Land Office, the Environmental Protection Agency and any other agency which are necessary for operation of the leased premises as a fire training facility. Should any of these permits be revoked or lost for any reason such that LESSEE may no longer be allowed to continue its use of the premises, this lease shall terminate at LESSEE'S option and rent shall be prorated to the date of such event. 9. LESSEE shall be solely responsible for all maintenance, repairs, capital expenditures, operational costs and overhead of the lease premises during the term of this lease. It is the intent of the parties that LESSOR shall have no obligation to incur any costs associated with the use, occupancy or operation of the lease premises during the term of this lease. 10. LESSEE will be responsible for payment of all utilities, including water and sewer usage. 111113111111 ii 11 111!11 1111111111 � � i I � i ! 1 1111111 LLS,%5UK or Ltz,'j,'jtztz may elect to terminate this lease, in which case LESSEE rent will operation, and will provide copies • same to •' • its consent and comment • 13, In case of default in any • the covenants herein, LESSOR may enforce the performance of this lease in any manner provided by law, and this lease may be !iays after LESSOR notifies LESSEE of such default and its intention to declare tWz • a - am . I IMMMI'== Tiotice at the r- -• premises. Unless LESSEE shall have completely removed • cured said default, this lease shall cease and come to an end as if that were the day originally fixed herein for the expiration of the term and LESSOR'S agent or attorney shall have the right, without further notice or demand, to re-enter and remove all persons and LESSEE'S property therefrom without being deemed guilty of any manner of trespass. LESSEE reserves the right to establish with the LESSOR a request for termination of the existing lease agreement due to unforeseen circumstances within the LESSEE'S shareholder structure. LESSEE would request a ninety (90) day termination I= Iii OR 111111111 pill I III •' •-- •-0 �� • • • • • - • • -- patrons, or visitors, for any damage to person or property due to the buildings on said premises or any appurtenances thereof being improperly constructed, or being or becoming out of repair, nor for any damage from the defects or want of repair of any part of the building of which the leased premises form a part, but the LESSEE accepts such premises as suitable for the purposes for which same are leased and accepts the buildings and each and every appurtenance thereof, and waives defects therein and agrees to hold the LESSOR harmless from all claims for any such damage. LESSOR and LESSEE will conduct an examination of the property upon commencement of this Lease and will prepare a written condition inventory of the buildings and improvements, signed by authorized agents of LESSOR and LESSEE, which will conclusively establish the condition of the buildings and improvements upon commencement of this Lease. 15. To the extent allowed by law, and only to the extent of insurance coverage actually paid by LESSEE'S insurers, LESSEE agrees to indemnify and hold LESSOR harmless against any and all claims, demands, damages, costs and expenses, including reasonable attorney fees for the defense thereof, arising from the conduct or management of LESSEE'S use of the leased premises or from any breach on the part of LESSEE of any conditions of this lease, or from any act of negligence or allegation of Am 16. If, during the term of this lease, there is a taking of the [eased premises large a part thereof as to render the remainder unsuitable for the continuation U 111110FIF I I I M=1111111i 111, 117119 1 WIM I' rip lnn- • proportionately to the same extent, that the leased premises are taken. The provisions -,iereof shall be applicable to any conveyance in lieu of condemnation proceeding�' All sums awarded or agreed upon between LESSOR and the condemning authority for the taking of the fee or the leasehold interest, whether as damages or as 11101111111 111111111 17. During all times this lease is in effect, LESSEE must, at LESSEE'S expense, maintain in full force and effect from an insurer authorized to do business in Texas public liability insurance and other coverages as set out in Attachment "A" in the bid document covering operations hazards in an amount not less than $1,000,000 per occurrence, $5,000,000 in the aggregate on an occurrence basis naming LESSOR as a named insured. Should LESSOR determine at any time during the term of this lease Acrease the amount of such insurance to a higher amount as determined by LESSOR. 11111 1111 lo -t .•r III P112F aremises so dernised unless LESSOR and LESSEE agree otherwise in writing. ThM agreement will be subject to annual inspections of the premises to assess the nell value. • increase in value will require additional insurance coverage; such coverage 19. LESSEE agrees to abide by the LESSOR's "Spill Prevention Control and Countermeasure Plan" (herein "Plan"), attached hereto as Exhibit "B". This plan .�ocument cannot be executed until the lease is executed; however, the LESSEE shal! • be able to commence operations • the training grounds until this • document 20. At the termination of this lease, by lapse of time or otherwise, LESSEE agrees to surrender and yield to LESSOR immediate peaceful possession of the leased premises, together with all additions and improvements thereto which are not allowed by LESSOR to be removed; to surrender and turn over to LESSOR all keys to said premises, and deliver possession of the premises in as good condition as received, ordinary wear and tear and damages by casualty not caused by the negligence or willful act of LESSEE, its agents, servants, or employees excepted. F 30ffzez��� Mal conditions thereof. 22. It is expressly understood, covenanted and agreed, anything to the contrary I MITIMITIMMIRI'M - ESSOR, together with all improvements, alterations and additions thereto, except such as LESSOR expressly allows to be removed by LESSEE. LESSEE agrees to repair any ,.-.nd all damage to said premises caused by removal of any improvement, alteration or 23. Any holding over by LESSEE after the expiration of the primary term of this .ease shall operate as a tenancy from month-to-month at a cost of $8,250 per monti ,tlus an escalation amount as defined in paragraph 1 hereof. 24. Words of any gender used in this lease shall be held and construed to include any other gender, and words in the singular number shall be held to include the plural, unless the context otherwise requires. 25. It is not a waiver of default if the non -defaulting party fails to declart, immediately a default or delays in taking any action. Pursuit of any remedies set forth in this lease does not preclude pursuit of other remedies in this lease as provided by law. IM MEMO= 27. All of the covenants, agreements, terms and conditions to be observea- M ITM MO so* successors and, to the extent assignment is permitted hereunder, their respective 28. This agreement shall be construed under and in accordance with the 1-0 29. Venue is in the county in which the premises are located, i.e., Jefferson LOEM 30. Nothing herein contained shall be deemed or construed by the parties hereto, nor by a third party, to be a creation of the relationship of principal and agent', or of partnership, or of joint venture between the parties. Neither computation of rent, nor any other provision contained herein, nor any acts of the parties hereto, shall be deemed to create any relationship between the parties thereto, other than the 31. Time is of the essence in the performance of all of the obligations hereunder. 32. This lease, together with the attached exhibits, is the entire agreement of the parties, and there are no oral representations, warranties, agreements, or promises pertaining to this lease or to the expressly mentioned exhibits not incorporated in writing OEM 33. This lease may be amended only by an instrument in writing signed by PURPOSE, OR OF ANY KIND ARISING OUT OF THIS LEASE, AND THERE ARE NO gq oi m! .0 1 11 if 11 111 , 1, 01 — IR 35. Any notices required by this lease shall be deemed to be delivered (whethi or not actually received) when deposited with the United States Postal Service, postage prepaid, certified mail, return receipt requested, and addressed to LESSOR or LESSEE C6. LESSOR may retain, destroy, or dispose of any property left on the premises at the end of the term. 37. Up to two (2) of LESSOR'S employees who are designated by LESSOR I LESSEE in writing as authorized by LESSOR to enter the property shall have access to the leased premises at all times the facility is open so long as the use by LESSOR'S authorized employees does not interfere with LESSEE'S use of the leased premises. 38. LESSEE shall be responsible for remediation of any environmental spill or other such event that may occur during the term of this lease so long as the spill or other such event is not the result of the sole negligence of LESSOR. LESSEE shall purchase remediation insurance in the principal amount of $2,000,000 naming LESSOR as a named insured to fund its obligations under this provision of this lease. LESSEE's obligations under this provision shall be limited in amount by the coverage of such �M rffrqff��I In i:iI::I1i?.IRI Inn- mr-nam 11�piiiiiq•iy mff��ml (Printed Name and Title) Signature: Wvcm By: (Printed Name and Title) U= A�• By: Kyle Hayes, City Manager Signature: By: (Printed Name and Title) 1� 1� �;� III �I t M 41 li y i'�r i�Ufl�� a �d V'��i Iti Ids a i ��i�ul��� I ,2•, y A Iq P f Ili ' e 7 Al 1q�lud I� �l I'Ir r �{ Ir' ", i� 1 tl a U it � +�a a�u lil lr a wpm,m� fl,i�l��I NEW 111 w idi i�l 1� ,r 9 fiyll�� UUUin , i q�Y pl p Ilr j� 1 Pb 9 f a 1 t T � i iJ pj �ry J �'t 4r YJ j r is ��I ps afw by i� 1 2i tf 11 r UPI i UziIIy 'ilii i ��SIII �{1,l `�i IN�GfI d�i "ry', ��uU'��rarN��il�l�lii un 11 GutJl � Vs�,� 1 IIq��IGII �'� iiaiil o �� Vf ry Qrc 1 11AR � a +t n � i a 16a ld^i r � + W A s 17 r . 1. 1. ql (( 1, � -,gal Description: Jefferson County, Texas BEING a 40.0842 acre tract or parcel of land situated in the James Drake Survey, Abstract No. 18, Jefferson County, Texas and being out of and part of that certain called 215.41 acre tract of land as described in a deed from Kydie C. McKee to The City of Beaumont as recorded in Volume 914, Page 303, Deed Records, Jefferson County, Texas, said 40.0842 acre tract being more particularly described as follows: NOTE.- 411 bearings are based on the North right-of-way line of Interstate Highway No. 10 adjacent to Brake's Bayou as SOUTH 8425'08" EAST as recorded on the Texas Department of Transportation Right -of -Way Map for In ters ta te High way No. 10. COMMENCING at a Texas Department of Transportation concrete monument found on the East bank of Brake's Bayou, said comer also being the Northwest comer of that certain called 0.3044 acre tract of land as described in a "DEED — Controlled Access Highway Facility" from the City of Beaumont to the State of Texas as recorded in Volume 1847, Page 469, Deed Records, Jefferson County, Texas and said comer also bears SOUTH 84125'08" EAST a distance of 196.63 feet from a Texas Department of Transportation concrete monument found on the West bank of Brake's Bayou, said comer also being the Northeast comer of that certain called 1.3980 acre tract of land, identified as PARCEL NO. 15-A, Part 3, as described in a "DEED — Controlled Access Highway Facility" from the City of Beaumont to the State of Texas as recorded in Volume 1847, Page 458, Deed Records, Jefferson County, Texas; THENCE NORTH 12002'16" WEST, for a distance of 487.55 feet to a 518" iron rod with a cap R,tamped "RPLS 3636" set for comer; THENCE NORTH 05000'14" EAST, for a distance of 130.23 feet to a 5/8" iron rod with a cap stamped 'IRPLS 3636" set for comer; THENCE NORTH 42011'29" EAST, for a distance of 147.99 feet to a 5/8" iron rod with a ca7 stamped "RPLS 3636" set for comer; THENCE NORTH 86050'l 6" EAST, for a distance of 240.18 feet to a 5/8" iron rod.with a cap stamped "RPLS 3636 set for comer; THENCE NORTH 190243511 EAST, for a distance of 303.03 feet to a 5/8" iron rod with a cap stamped "RPLS 3636" set for comer; Page 1 of 3 1 t THENCE NORTH 55007'52" EAST, fo r a distance of 215.47 feet to a 5/8" iron rod with a cap stamped "RPLS 3636" set for comer; THENCE NORTH 77020'28" EAST, for a distance of 751.40 feet to a 5/8" iron rod with a cap stamped "RPLS 3636" set for comer-, THENCE NORTH 80057'27" EAST, for a distance of 283.30 feet to a 5/8" iron rod with a cap stamped "RPLS 3636" set for comer-, THENCE SOUTH 69°51'15" EAST, for a distance of 196.92 feet to a 5/8" iron rod with a cap stamped "RPLS 3636" set for comer; THENCE SOUTH 80°32'55" EAST, passing at a distance of 182.01 feet a 5/8" iron rod stamped "RPLS 3636" set for reference and continuing for a total distance of 197.53 feet to a point for comer on the Westerly high bank of the Neches River; THENCE SOUTHERLY, along and with the -meanders of the Westerly high bank of the Neches River, for the following courses and distances: THENCE NORTH 8703524" WEST, passing at a distance of 51.47 feet a 5/8" iron rod with a cap stamped "RPLS 3636" set for reference and continuing for a total distance of 288.27 feet to a 5/8" iron rod with a cap stamped "RPLS 3636" set for comer; THENCE NORTH 80014'29" WEST, for a • • 133.39 feet to a 5/8" iron rod with a cap • "RPLS 3636" set for • THENCE NORTH 81055'50" WEST, for a • •' • feet to a 5/81, iron •• with a cap stamped "RPLS 3636" set for comer; M FT, M MI X MM 3 E THENCE NORTH 8703524" WEST, passing at a distance of 51.47 feet a 5/8" iron rod with a cap stamped "RPLS 3636" set for reference and continuing for a total distance of 288.27 feet to a 5/8" iron rod with a cap stamped "RPLS 3636" set for comer; THENCE NORTH 80014'29" WEST, for a • • 133.39 feet to a 5/8" iron rod with a cap • "RPLS 3636" set for • THENCE NORTH 81055'50" WEST, for a • •' • feet to a 5/81, iron •• with a cap stamped "RPLS 3636" set for comer; THENCE SOUTH 04003'34" EAST, for a distance of 66.43 feet to a 5/8" iron rod'w'ith a my, stamped "RPLS 3636" set for comer; THENCE SOUTH 23054'59" WEST, for a distance of 49.38 feet to a 5/8" iron rod with a cap stamped "RPLS 3636" set for comer; TAE1110E SOUTH 81014'27" WEST, for a distance of 377.13 feet to a 5/8" iron rod with a cap stamped "RPLS 3636" set for comer; THENCE SOUTH 85015'41" WEST, for a distance of 514.63 feet to the POINT OF BEGINNING and containing 40.0842 Acres, more or less. Surveyed on May 18, 2004 by Mark W. Whiteley, RPLS No. 3636. This legal description is being submitted along with a plat tZed on this survey. % F. 1-Thiteley,-MILS W:\2DD4\G4-223\04-223M&B.D0C J?age 3 of 3 Consider a resolution authorizing the City Manager to execute Change Order No. 2 for the Washington Boulevard Project (Loma Lane east to IH -10) rrr ii /ii r �'J �r TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Dr. Joseph Majdalani, P.E., Public Works Director -J j MEETING DATE: April 24, 2018 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to execute Change Order No. 2 for the Washington Boulevard Project (Loma Lane east to I1-1-10). BACKGROUND The City of Beaumont has received funds, under the Congressional High Priority funding category, to reconstruct Washington Boulevard from Langham Road to FM 364 (Major Drive). On December 13, 2016, by Res. No. 16-253, Amendment No. 1 was authorized by City Council to change the project scope to Washington Boulevard from Loma Lane east to IH -10. Previous TxDOT Change Order No. 1, was needed to make changes to the project detour plans. No change was made to the contract amount. Proposed Change Order No. 2, in the amount of $160,516.80, which also includes an Engineering and Contingency charge is requested by TxDOT to modify the pavement cross- section design. If approved, the contract would increase 9% and the new contract amount would be $1,851,398.80. FUNDING SOURCE TxDOT Federal Funding and Capital Program. RECOMMENDATION Approval of resolution. RESOLUTION NO. 16-253 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to execute Amendment No. 1 to the Local Transportation Project Advanced Funding Agreement with the Texas Department of Transportation (TxDOT) for the Washington Boulevard Project (Langham Road to Major Drive). The amendment is substantially in the form attached hereto as Exhibit "A" and made a part hereof for all purposes. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 13th day of December, 2016. M ('�ayor Becky Ames - N I IN 70mas Department of Tkansportation 8350 EASTEX FREEWAY, BEAUMONT, TEXAS 77708 1 409.892-73111 WWW.TXDOT.GOV August 25, 2017 Mr. Kyle Hayes City of Beaumont 801 Main Street, Suite 300 Beaumont, TX 77701 Re: AFA Amendment #1 for Washington Blvd — CSJ 0920-38-187 Dear Mr. Hayes: Enclosed for your files, please find one fully executed Amendment #1 to the agreement for work on Washington Blvd. A PDF of the executed amendment was previously sent to the City. If you have any questions, please call me at (409) 898-5741 Sincerely, Scott Ayres, P.E. Transportation Planning Engineer OUR VALUES: People - Accountability - Trust - Honesty OURMISSION: Through collaboration and leadership, we deliver a safe, reliable, and integrated transportation systern that enables the Movement of people and goods. An Equal Opportunity Employer STATE OF TEXAS § 0 #Z I S CSJ # 0920-38-187 District # 20 - BMT Code Chart 64 # 03200 Project: Washington Blvd Federal Highway Administration CFDA Title: Highway Planning and Construction CFDA No.: 20.206 Not Research and Development ADVANCE FUNDING AGREEMENT AMENDMENT #1 THIS AMENDMENT is made by and between the State of Texas, acting through the Texas Department of Transportation, called the State, and the City of Beaumont, acting by and through its duly authorized officials, called the Local Government. WITNESSETH WHEREAS, the State and the Local Government executed a contract on the 61h of June 2007 to effectuate their agreement to reconstruct a section of Washington Blvd in Beaumont; and, WHEREAS, it has become necessary to amend that contract; NOW THEREFORE, in consideration of the premises and of the mutual covenants and agreements of the parties, the State and the Local Government do agree as follows: AGREEMENT 1. Description of Amended Items With this amendment, the scope of work and budget for this project are reduced Attachment B, Project Location Map, is deleted in its entirety and is replaced with Attachment B-1 Project Location Map, which is attached to and made part of this amendment. The limits on the location map have changed. Attachment C, Project Budget Estimate and Source of Funds, is deleted in its entirety and is replaced with Attachment C-1 Project Budget Estimate and Source of Funds, which is attached to and made part of this amendment. The budget is decreased by $3,996,675 from $6,710,000 to $2,713,325. Articles 4, 9, 12.a, 12.b, 124 12.f, 13, and 16 of the original agreement are deleted in their entirety and replaced with the following: AFA—AFA—Amend Page 1 of 9 Revised 03/23/16 CSJ # 0920-38-187 District # 20 - BMT Code Chart 64 # 03200 Project: Washington Blvd Federal Highway Administration CFDA Title: Highway Planning and Construction CFDA No.: 20.205 Not Research and Development 4. Scope of Work The scope of work for this LPAFA is described as the resurfacing of Washington Blvd from Loma Lane east to IH -10 as shown in Attachment B-1, 9. Architectural and Engineering Services Architectural and engineering services will be provided by the State as stated in the Master Agreement. The State is responsible for performance of any required architectural or preliminary engineering work. For projects on the state highway system, the design shall, at a minimum conform to applicable State manuals. For projects not on the state highway system, the design shall, at a minimum, conform to applicable American Association of State Highway and Transportation Officials design standards. The Local Government may review and comment on the work as required to accomplish the public purposes of the Local Government, The State will cooperate fully with the Local Government in accomplishing these local public purposes to the degree permitted by State and Federal law. 12. Local Project Sources and Uses of Funds a. A Project Budget Estimate is provided in Attachment C-1, The State and the Federal Government will not reimburse the Local Government for any work performed before the federal spending authority is formally obligated to the Project by the Federal Highway . Administration. After federal funds have been obligated, the State will send to the Local Government a copy of the formal documentation showing the obligation of funds including federal award information. The Local Government is responsible for one hundred percent (100%) of the cost of any work performed under its direction or control before the Federal spending authority is formally obligated. b. A Source of Funds estimate based on the Transportation Improvement Program (TIP) is also provided in Attachment C-1. Attachment C-1 shows the percentage and estimated dollar amount to be contributed to the project by federal, state, and local sources. The parties agree that the LPAFA may be amended from time to time as required to meet the funding commitments based on revisions to the TIP, Federal Project Authorization and Agreement (FPAA), or other federal document, d. Prior to the performance of any engineering review work by the State, the Local Government will pay to the State the amount specified in Attachment C-1. At a minimum, this amount shall equal the Local Government's funding share for the estimated cost of preliminary engineering for the project. At least sixty (60) days prior to the date set for receipt of the construction bids, the Local Government shall remit its remaining financial share for the State's estimated construction oversight and construction costs. f. Whenever funds are paid by the Local Government to the State under this Agreement, the Local Government shall remit a check or warrant made payable to the "Texas Department of Transportation." The check or warrant shall be deposited by the State and managed by the State. Funds may only be applied by the State to the Project. If after final Project accounting any excess funds remain, those funds may be applied by the State to the Local Governments contractual obligations to the State under another advance funding agreement with approval by appropriate personnel of the Local Government. AFA—AFA—Amend Page 2 of 9 Revised 03/23/16 CSJ # 0920-38-187 District # 20 - BMT Code Chart 64 # 03200 Project: Washington Blvd Federal Highway Administration CFDA Title; Highway Planning and Construction CFDA No.: 20,206 Not Research and Development 13. Document and Information Exchange The Local Government agrees to electronically deliver to the State all general notes, specifications, contract provision requirements, and related documentation in a Microsoft@ Word or similar document. If requested by the State, the Local Government will use the State's document template, The Local Government shall also provide a detailed construction time estimate including types of activities and month in the format required by the State. This requirement applies whether the Local Government creates the documents with its own forces or by hiring a consultant or professional provider. At the request of the State, the Local Government shall submit any information required by the State in the format directed by the State, 16. Debarment Certification The parties are prohibited from making any award at any tier to any party that is debarred or suspended or otherwise excluded from or ineligible for participation in Federal Assistance Programs under Executive Order 12549, "Debarment and Suspension." By executing this Agreement, the Local Government certifies that it and its principals are not currently debarred, suspended, or otherwise excluded from or ineligible for participation in Federal Assistance Programs under Executive Order 12549 and further certifies that it will not do business with any party, to include principals, that is currently debarred, suspended, or otherwise excluded from or ineligible for participation in Federal Assistance Programs under Executive Order 12549. The parties to this contract shall require any party to a subcontract or purchase order awarded under this contract to certify its eligibility to receive federal funds and, when requested by the State, to furnish a copy of the certification. Articles 12J, 12J, 17, 18, 19, 20, 21, 22, 23 are added to the agreement as follows: 12. Local Project Sources and Uses of Funds i. Payment under this contract beyond the end of the current fiscal biennium is subject to availability of appropriated funds, If funds are not appropriated, this contract shall be terminated immediately with no liability to either party. j. The Local Government is authorized to submit requests for reimbursement by submitting the original of an itemized invoice in a form and containing all items required by the State no more frequently than monthly and no later than ninety (90) days after costs are incurred. If the Local Government submits invoices more than ninety (90) days after the costs are incurred, and if federal funding is reduced as a result, the State shall have no responsibility to reimburse the Local Government for those costs. 17. Cost Principles and Office of Management and Budget (OMB) Audit Requirements In order to be reimbursed with federal funds, the parties shall comply with the Cost Principles established in 2 CFR 200 that specify that all reimbursed costs are allowable, reasonable, and allocable to the Project. AFA—AFA—Amend Page 3 of 9 Revised 03/23/16 CSJ # 0920-38-187 District # 20 - BMT Code Chart 64 # 03200 Project: Washington Blvd Federal Highway Administration CFDA Title: Highway Planning and Construction CFDA No.: 20.205 Not Research and Development 18. Notices All notices to either party shall be delivered personally or sent by certified or U.S. mail, postage prepaid, addressed to that party at the following address', Local Government: City Manager City of Beaumont 801 Main Street, Suite 300 Beaumont, TX 77701 State: Director of Contract Services Texas Department of Transportation 125 E. 11 Department Austin, Texas 78701 All notices shall be deemed given on the date delivered in person or deposited in the mail, unless otherwise provided by this agreement, Either party may change the above address by sending written notice of the change to the other party. Either party may request in writing that notices shall be delivered personally or by certified U.S. mail, and that request shall be carried out by the other party. 19. Civil Rights Compliance A. Compliance with Regulations: The Local Government will comply with the Acts and the Regulations relative to Nondiscrimination in Federally -assisted programs of the U.S. Department of Transportation (USDOT), the Federal Highway Administration (FHWA), as they may be amended from time to time, which are herein incorporated by reference and made part of this agreement, B. Nondiscrimination: The Local Government, with regard to the work performed by it during the contract, will not discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors, including procurement of materials and leases of equipment, The Local Government will not participate directly or indirectly in the discrimination prohibited by the Acts and the Regulations, including employment practices when the contract covers any activity, project, or program set forth in Appendix 8 of 45 CFR Part 21. C. Solicitations for Subcontracts, Including Procurement of Materials and Equipment: In all solicitations either by competitive bidding or negotiation made by the Local Government for work to be performed under a subcontract, including procurement of materials or leases of equipment, each potential subcontractor or supplier will be notified by the Local Government of the Local Government's obligations under this contract and the Acts and Regulations relative to Nondiscrimination on the grounds of race, color, or national origin. D. Information and Reports: The Local Government will provide all information and reports required by the Acts, the Regulations, and directives issued pursuant thereto, and will permit access to its books, records, accounts, other sources of information, and facilities as may be determined by the State or the FHWA to be pertinent to ascertain compliance with such Acts, Regulations or directives. Where any information required AFA-AFA-Amend Page 4 of 9 Revised 03/23/16 CSJ # 0920-38-187 District # 20 - BMT Code Chart 64 # 03200 Project: Washington Blvd Federal Highway Administration CFDA Title: Highway Planning and Construction CFDA No.: 20.206 Not Research and Development of the Local Government is in the exclusive possession of another who fails or refuses to furnish this information, the Local Government will so certify to the State or the Federal Highway Administration, as appropriate, and will set forth what efforts it has made to obtain the information. E. Sanctions for Noncompliance: In the event of the Local Government's noncompliance with the Nondiscrimination provisions of this contract, the State will impose such contract sanctions as it or the FHWA may determine to be appropriate, including, but not limited to: a. withholding of payments to the Local Government under the contract until the Local Government complies and/or b. cancelling, terminating, or suspending of the contract, in whole or in part. F. Incorporation of Provisions: The Local Government will include the provisions of paragraphs (A) through (F) in every subcontract, including procurement of materials and leases of equipment, unless exempt by the Acts, the Regulations and directives issued pursuant thereto. The Local Government will take such action with respect to any subcontract or procurement as the State or the FHWA may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, that if the Local Government becomes involved in, or is threatened with, litigation with a subcontractor or supplier because of such direction, the Local Government may request the State to enter into such litigation to protect the interests of the State. In addition, the Local Government may request the United States to enter into such litigation to protect the interests of the United States. 20. Disadvantaged Business Enterprise (DBE) Program Requirements A. The parties shall comply with the Disadvantaged Business Enterprise Program requirements established in 49 CFR Part 26, B. The Local Government shall adopt, in its totality, the State's federally approved DBE program. C. The Local Government shall set an appropriate DBE goal consistent with the State's DBE guidelines and in consideration of the local market, project size, and nature of the goods or services to be acquired. The Local Government shall have final decision- making authority regarding the DBE goal and shall be responsible for documenting its actions. D. The Local Government shall follow all other parts of the State's DBE program referenced in TxDOT Form 2396, Memorandum of Understanding Regarding the Adoption of the Texas Department of Transportation's Federally -Approved Disadvantaged Business Enterprise by Entity, and attachments found at web address Div V/ftR&Lt, State us t& ip Lb/txq2t4rLLbqpgke rngffijou aftachmen . — -!_ _ to_ _ / _L uts&fff. E. The Local Government shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of any U.S. Department of Transportation (DOT) - assisted contract or in the administration of its DBE program or the requirements of 49 CFR Part 26, The Local Government shall take all necessary and reasonable steps under 49 CFR Part 26 to ensure non-discrimination in award and administration of DOT -assisted contracts. The State's DBE program, as required by 49 CFR Part 26 and as approved by DOT, is incorporated by reference in this agreement. Implementation AFA–AFA–Amend Page 5 of 9 Revised 03123/16 CSJ # 0920-38-187 District # 20 - BMT Code Chart 64 # 03200 Project: Washington Blvd Federal Highway Administration CFDA Title: Highway Planning and Construction CFDA No.: 20.205 Not Research and Development of this program is a legal obligation and failure to carry out its terms shall be treated as a violation of this agreement. Upon notification to the Local Government of its failure to carry out its approved program, the State may impose sanctions as provided for under 49 CFR Part 26 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 and the Program Fraud Civil Remedies Act of 1986 (31 U.S.C. 3801 et seq.). F. Each contract the Local Government signs with a contractor (and each subcontract the prime contractor signs with a sub -contractor) must include the following assurance: The contractor, sub -recipient, or sub -contractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract The contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT -assisted contracts, Failure by the contractor to carry out these requirements is a material breach of this agreement, which may result in the termination of this agreement or such other remedy as the recipient deems appropriate. 21. Federal Funding Accountability and Transparency Act Requirements A. Any recipient of funds under this Agreement agrees to comply with the Federal Funding Accountability and Transparency Act (FFATA) and implementing regulations at 2 CFR Part 170, including Appendix A. This agreement is subject to the following award terms: and q/p &qL t'qhL//www,.9po,go,L/ftIM ffi-. .. _. 2 01212-010 2-7 2df p B. The Local Government agrees that it shall: 1. Obtain and provide to the State a System for Award Management (SAM) number (Federal Acquisition Regulation, Part 4, Sub -part 4.11) if this award provides more than $25,000 in Federal funding. The SAM number may be obtained by visiting the SAM website whose address is: tLftps./Lwww u1 jaq,�t Ip !/pMWiq§AW 2. Obtain and provide to the State a Data Universal Numbering System (DUNS) number, a unique nine -character number that allows the Federal government to track the distribution of federal money. The DUNS number may be requested free of charge for all businesses and entities required to do so by visiting the Dun & Bradstreet (D&B) on-line registration website M; and 3. Report the total compensation and names of its top five (5) executives to the State if: i. More than 80% of annual gross revenues are from the Federal government, and those revenues are greater than $25,000,000; and ii. The compensation information is not already available through reporting to the U.S. Securities and Exchange Commission. 22. Single Audit Report A. The parties shall comply with the requirements of the Single Audit Act of 1984, P.L. 98- 502, ensuring that the single audit report includes the coverage stipulated in 2. CFR 200, AFA—AFA—Amend Page 6 of 9 Revised 03/23/16 CSJ # 0920-38-187 District # 20 - BMT Code Chart 64 # 03200 Project: Washington Blvd Federal Highway Administration CFDA Title: Highway Planning and Construction CFDA No.: 20.205 Not Research and Development B. If threshold expenditures of $750,000 or more are met during the fiscal year, the Local Government must submit a Single Audit Report and Management Letter (if applicable) to TxDOT's Compliance Division, 125 East 11th Street, Austin, TX 78701 or contact TxDOT's Compliance Division at sing Ieaudits(Qtxdot.qov. C. If expenditures are less than the threshold during the Local Government's fiscal year, the Local Government must submit a statement to TxDOT's Compliance Division as follows: "We did not meet the $_ expenditure threshold and therefore, are not required to have a single audit performed for FY V. For each year the project remains open for federal funding expenditures, the Local Government will be responsible for filing a report or statement as described above, The required annual filing shall extend throughout the life of the agreement, unless otherwise, amended or the project has been formally closed out and no charges have ,been incurred within the current fiscal year. Pertinent Non -Discrimination Authorities wring the performance of this contract, the Local Government, for itself, its assignees, and ccessors in interest agree to comply with the following nondiscrimination statutes and thorities; including but not limited to: A. Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21. B. The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal -aid programs and projects). C. Federal -Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), as amended, (prohibits discrimination on the basis of sex). D. Section 604 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.) as amended, (prohibits discrimination on the basis of disability); and 49 CFR Part 27. E. The Age Discrimination Act of 1975, as amended, (49 U,S,C. § 6101 et seq.), (prohibits discrimination on the basis of age). F. Airport and Airway Improvement Act of 1982, (49 U.S.C. Chapter 471, Section 47123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex). G. The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or activities" to include all of the programs or activities of the Federal -aid recipients, subreciplents and contractors, whether such programs or activities are Federally funded or not), H. Titles 11 and III of the Americans with Disabilities Act, which prohibits discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. 12131-12189) as implemented by Department of Transportation regulations at 49 C.F.R. parts 37 and 38. AFA—AFA—Amend Page 7 of 9 Revised 03/23/16 CSJ # 0920-38-187 District # 20 - BMT Code Chart 64 # 03200 Project: Washington Blvd Federal Highway Administration CFDA Title: Highway Planning and Construction CFDA No.: 20,205 Not Research and Development I. The Federal Aviation Administration's Nondiscrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex). J. Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low -Income Populations, which ensures nondiscrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations, K. Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency (LEP). To ensure compliance with Title VI, the parties must take reasonable steps to ensure that LEP persons have meaningful access to the programs (70 Fed, Reg. at 74087 to 74100). L. Title IX of the Education Amendments of 1972, as amended, which prohibits the parties from discriminating because of sex, in education programs or activities (20 U.S.C. 1681 et seq.). All other provisions of the original contract are unchanged and remain in full force and effect. 2. Signatory Warranty Each signatory warrants that the signatory has necessary authority to execute this agreement on behalf of the entity represented. , AFA—AFA—Amend Page 8 of 9 Revised 03/23/16 CSJ # 0920-38-187 District # 20 - BMT Code Chart 64 # 03200 Project: Washington Blvd Federal Highway Administration CFDA Title: Highway Planning and Construction CFDA No.: 20.205 Not Research and Development THIS AGREEMENT IS EXECUTED by the State and the Local Government in duplicate, THE LOCAL GOVERNMENT Signature Typed or Printed Name Title 11 50, /„r Date THE STATE8PJEXAP�\ Kenneth Stewa "' --.4 Director of ?ract Services Texas Department of Transportation Date AFA—AFA—Amend Page 9 of 9 Revised 03/23/16 CSJ # 0920-38-187 District # 20 - BMT Code Chart 64 # 03200 Project: Washington Blvd Federal Highway Administration CFDA Title: Highway Planning and Construction CFDA No.: 20.205 Not Research and Development ATTACAMENT B-1 W�ashlnqtolnl �Blvd N AFA—AFA—Amend Page I of 1 Revised 03/23/16 CSJ # 0920-38-187 District # 20 - BMT Code Chart 64 # 03200 Project: Washington Blvd Federal Highway Administration CFDA Title: Highway Planning and Construction CFDA No.: 20.205 Not Research and Development ATTACAMEAT PROJECTE SOURCE OF Costs will be allocated based on 80% Federal funding and 220 Local Government funding until the federal funding reaches the maximum obligated amount. The Local Government will then be responsible for 100°a of the costs. Description otal Estimated Cos Federal Participation °/a Cost fate Participation Local Participation /o Cost /o Cost Engineering (by State) 265,000 80% $212,000 % $0 0% $53,000 Construction (by State) 2,150,000 80% 1,720,000 % 0 0% $430,000 Subtotal 2,415,000 1,932,000 $0 $483,000 Environmental Direct State Costs 2,500 80% 2,000 % $0 0% $500 Right of Way Direct State Costs 10 0% $0 0% $0 100% $10 Engineering Direct State Costs 4,000 80% 3,200 0% $0 0% $800 Utility Direct State Costs 10 0% 0 % $0 100% $10 Construction Direct State Costs (8.30°!0} 178,500 80% $142,804 % $0 0% $35,700 Indirect State Costs (5.27%) 113,305 0% 0 100% $113,3050% $0 TOTAL 2,713,325 2,080,0)0 $113,305 $520,020 Initial payment by the Local Government to the State: $54,320 Payment by the Local Government to the State before construction: $466,700 ($430,000 + $35,700) Estimated total payment by the Local Government to the State $520,020, This is an estimate. The final amount of Local Government participation will be based on actual costs. AFA AFA—Amend Page 1 of 1 Revised 03/23/16 O v n r O LA C m v m { Z v 1 x M z rn m 1 Z �m a: Nrri sr a v r00 0 nw m _ mC o a= DISCLAIMER, The use of MIs f—rC Is ofnthls St—ld toDother .,y _ a 500' 1000' / � u a 0o y c I yx � roN ros wb roP .vs n.a a Meomy r.'Texas T#DOTna lnee heP_pfor onst b fjl;y RtheoI t..efsloh NS r.ia o a a g Varies 10' Min. h 500' h 500' —10' Min. Rai � m '�vv aov Um1D Amo vv m ' �x ax axo moo° A'mm mm's h h � f x, x• Dm s yma yo oz �� wg 0J, a��Oo qa <9 °g vs°°oxI�" � 8"'" �� -inE ti;Na �oomnF -a. E n ,sem no Ho �qc - oaa NN iso - I s' as N oN OOpp to. Ni ojmo N an- n o =M 30, 'n 2 N< {- m'».$°° mn+an ° Nam m��oo� nova -1 11211.1� ISE acgc �g me o0 moI - i a A-9, 4 i s o - _ug aq, ° o o; o9 sob000q e -.oj ° 92 11 an.co 4 I x•Om7 N$.2 -mm R N O �F o m � m �• Po w e�j na p Vmi O� O U O N 0 0 0 0 0 0 0 0 0 0 . e 1 X 0 O n 7- z Z G) m O m m z O CONSTRUCTION CONTRACT CHANGE ORDER NUMBER: Third Party Funding Notification Sheet This form isused when the subject change order involves funding 6ya source other than ToDOT/u.S.DOT, and involves third parties who are providing funding under aoAdvance Funding Agreement or Donation Agreement. /. Outside funding provided by: 0920-38-187 City [fBeaumont F-CCSJ- (outside Entity's Legal Name) IType ofoutside funding agreement for this change: Z Existing 7Amended F-] New [ Check one ] 3. Indicate the type and amount of funding: F-] Fixed Price (Lump Sum) (Estimated Amount 133'76*.00 ) ZActual Cost (a) Contract Items (Bid Items): 133,764.00 (b) EQ[° (a)x o = 26J52.80 _enterT6_ hd Indirect Cost**: (a+Wx o = 0.00 _enterV_ TOTAL 160,516.80 Use as needed: / hereby acknowledge notification mthe modifications covered uvthis Change Order. By Typed/PhntedName Typed/Printed Title °The percentage (0/6) foro&C (Engineering and Contingencies) charges varies from project mproject depending on the contract amount of the project. Projects with a higher contract amount will have a lowerrate msaccharge. For aspecific project, emC rate (%) can uederived from the cost o["Engineering and Contingencies" in the "Estimated Cost" ofthe project. Use the statewide district rate as established by Finance Division each year, This line 3(c) is for Service Project only, unless otherwise specified mthe Advance Funding Agreement. See Stand Alone Manual Notice onafor instructions. Funding for this Change Order has been arranged: 04/18/18 TxDOT Representative Date Typad/Prn0sdNeme: ai m v m 0 0 w m w m m M M M z M z Z F�00-1.-jo m m 0 0 m m m M C m > m Z 0 403 m X F3 -4 m en 0 U) 0 r 0 r m U) m m 0 m M 0 0 z 0 m 0 W 0 cn C3 0 > 0 C4 "4 z z C, 0 0 z w C, 0 0 Q 0 0 Z m 0 m m cn m m a C 10 m 'm 0 P. -4 0 0 CD z G) m 4A �A 6s to fa 40 40 40 z m P P 0 cn a 0 49 t4 4* (a 'A 0 0 z M 0 m w -.10 aw p p p P, p m m g 000 0 0 0 8 -0 labo �10 I 1.9 s 7-.T: R �* • MO WHEREAS, on May 1, 2007, the City Council of the City of Beaumont passed Resolution No. 07-125 authorizing the City Manager to execute a Local Transportation 0 0 6 - I I I III! MIU!''1171111-11 .30 1111111 029MM 11�IWII R IIIIII fli II INIVIIIII I , 11 of passed Resolution No. 16-253 authorizing the City Manager to execute Local Transportation Project Advance Funding Agreement Amendment No. 1 to change the project scope to Washington Boulevard from Loma Lane east to I-10 and to decrease the total estimated contract amount to $2,713,325.00; and, WHEREAS, on September 7, 2017 TxDOT awarded a contract to Oldcastle Materials Texas, Inc., dba Gulf Coast an Oldcastle Company in the amount (V changes to the project detour plans, thereby having no effect on the total contract 90M Jill 11111 11, 1 I I l'I I X I I V IIIIIIII II I �II I I �� I I'I ME�=* TxIDOT to modify the pavement cross-section design, thereby increasing the total WON IT M,� � W �-* U THAT the statements and findings set out in the preamble to this resolution are hereby, a so , 0 0 0 -• t 6 .•••'-• Z 0 THAT the City Manager be and he is hereby authorized to execute Changi� #rder No. 1 for additional work described above, thereby increasing the contraffl 2mount by $160,516.80, for a total estimated contract amount of $1,851,398.80 for th,�, M1 FTATSTSN. BE= •MWITOM . 0 III I I�MRFIR MIIIRVMIIWIq��� NX RUOTEM-TOMMM K ol Ob M-NUUMNIffili-M-10 Receive comments related to terminating the solid waste collection and transportation service franchise agreement granted to Impact Waste, LLC April 24, 2018 Consider repealing Ordinance No. 17-017 terminating the solid waste collection and transportation service franchise agreement granted to Impact Waste, LLC UA I TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tyrone E. Cooper, City Attorney MEETING DATE: April 24, 2018 REQUESTED ACTION: Council conduct a Public Hearing to consider repealing Ordinance No. 17-017 terminating the Impact Waste, LLC solid waste collection and transportation service franchise agreement. BACKGROUND By Ordinance No. 17-017, dated March 21, 2017, the City Council approved the transfer of a franchise for solid waste collection and transportation services from Industrial Transportation Waste, LLC to Impact Waste, LLC. The franchise states that the company will observe all city, county, state and federal laws regulating the collection and disposal of solid waste. Impact Waste, LLC has used the city landfill for some time for the disposal of its collected waste. City Code Section 22.05.214 provides for a landfill disposal fee for disposal of waste in the city landfill. Impact Waste, LLC is currently delinquent in the payment of landfill fees in the amount of $21,723.50. It has been as much as $80,293.75 in arrears for the nonpayment of landfill fees in the past year. Failure to pay disposal fees as prescribed by the Code of Ordinances is a violation of its franchise. The franchise, at Section 11, states that..."in the event that any provision of this franchise is violated by the company, the city may serve written notice upon the company of its intention to terminate the franchise." Impact Waste, LLC has been provided written notice of the intent of the city to terminate the franchise in accordance with the agreement. The notice is attached. FUNDING SOURCE N/A I__RX 1 ►l_ ►l_us 0-17.1V _ t ►1 After the required public hearing, it is recommended that Ordinance No. 17-017 be repealed terminating the solid waste collection franchise presently held by Impact Waste, LLC. rszz���� April 12, 2018 Impact Waste, LLC Attn: Antoine Broussard P.O. Box 20413 Beaumont, TX 77720 RE: Notice of Hearing/Franchise Termination Dear Mr. Broussard: When I wrote to you on January 12, 2018, 1 indicated that if full payment was not made on your account within ten (10) days of the date of that letter the next step would be to seek to have the Impact franchise revoked. In accordance with Section 11 of the Franchise Agreement, this letter is to serve as notice to inform you that the City of Beaumont intends to terminate the Franchise Agreement between Impact Waste, LLC and the City. Our records indicate that you continue to be delinquent in the payment of landfill disposal fees in the amount of Twenty One Thousand, Seven Hundred Twenty -Three Dollars and 50/100 ($21,723.50). Section 6 states ... the company will observe all city, county, state and federal laws regulating the collection and disposal of solid waste. This includes the payment of disposal fees. As stated in Section 11 of the Franchise Agreement, you have ten (10) days after the mailing of this notice to pay all outstanding fees owed to the City to prevent the termination of the Franchise Agreement. If payment is not made within this time period, a public hearing will be scheduled for 1:30 p.m. on April 24, 2018 in the Beaumont City Council Chambers, 801 Main Street to address the violation and termination of the Franchise. Your company, or a company representative, is invited to the public hearing to provide any information concerning your failure to pay the delinquent fees. Legal Department • (409) 880.3715 • Fax (409) 880-3121 P.O. Box 3827 • Beaumont, Texas 77704-3827 April 12, 2018 Page -2- In the event the Franchise Agreement of Impact Waste, LLC is terminated, the company will not be allowed to operate in the City of Beaumont. Should you have any questions, please do not hesitate to contact me. Sincerely, ---e- Tyr e E. Co er City Attorney TC/ss cc: Mark Umphrey, 13071 W. Port Arthur Road, Beaumont, TX 77705 Kyle Hayes, City Manager Todd Simoneaux, Finance Director ORDINANCE NO. 17-017 ENTITLED AN ORDINANCE APPROVING THE TRANSFER OF A FRANCHISE FOR SOLID WASTE COLLECTION AND TRANSPORTATION SERVICES TO IMPACT WASTE LLC. WHEREAS, Industrial Transportation Waste, LLC (ITW) has an existing solid waste franchise agreement to engage in the business of collecting, hauling, and transporting in the City any garbage, waste, or refuse; and, WHEREAS, Impact Waste, LLC has acquired all interest in ITW; and, WHEREAS, Impact Waste, LLC is requesting the transfer of the ITW solid waste franchise agreement to Impact Waste, LLC; and, WHEREAS, the City Council desires to approve the transfer of such franchise agreement to Impact Waste, LLC; NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. Grant of Authority There is hereby approved by the City the transfer of the Industrial Transportation Waste, LLC solid waste collection franchise to Impact Waste, LLC and hereby grants the right and privilege to operate and maintain within the City a solid waste collection and transportation service (the "service"). For purposes of this franchise, the term "solid waste collection and transportation service" shall mean the regular business of collection, hauling or transporting any garbage, rubbish, waste or refuse from locations in the City, and the disposal of such material in accordance with law. The franchise granted herein is nonexclusive, and franchises may be granted to other persons for service. Section 2. Term of Franchise The franchise herein granted shall take effect and be in force sixty (60) days after the final passage hereof as required by law and upon the filing by the Company of an acceptance with the City Clerk, and shall continue in force and effect until one (1) year thereafter. The acceptance required hereunder must be in writing and filed with the City Clerk within thirty (30) days after final passage hereof. Upon the expiration of the term hereof, this franchise shall continue on a month-to-month basis until terminated by either party or extended or replaced. Section 3. Rates The Company shall establish rates for service which are uniform as to customer class based upon such criteria as type of waste, container size, frequency of collection, and distance of travel. The Company shall file its initial rates for service with its acceptance as required herein. Such rates shall, unless modified by the City, be effective with the effective date of this franchise. Any modifications in rates by the Company shall first be filed with the City Clerk and City Attorney and shall be effective thirty (30) days after such filing unless modified by City as provided herein. Nothing herein shall prevent the Company from charging uniform rates which are less than the rates filed with the City. The City shall have the right to establish rates charged by Company for services performed hereunder, after notice and hearing.', Rates I established by the City shall be sufficient to allow the Company an opportunity to earn a reasonable return on its invested capital used in providing such services. Section 4. Franchise Fee The Company shall pay to the City, on or before the fifteenth (15th) day of each month, a sum equal to SEVEN PERCENT (7%) of the gross revenues received for service in the previous month as payment for the use of the City's streets, alleys and rights-of-way. The payments herein provided do not relieve Company from the payment of ad valorem taxes, special assessments, charges, or other fees applicable to the public generally. City shall have the right, at any reasonable time, to audit the books and records of the Company and the Company is hereby required to make such books and records available at the request of City. Upon written acceptance, the Company shall furnish to the City a listing of customers served, including customer name, address, frequency of pick-up, size of container or type of service and charge for same. The following reports shall be filed monthly with the City Manager or his designee along with the street rental payment required herein: 1. Upon written request and within thirty (30) days of receipt, the Company shall furnish to the City adequate reconciliation of reported revenues which would include: a listing of names and addresses of all customers served, frequency of pick-up, size of container or type of service and charge for same, and date service was initiated and discontinued. ganfinn R Indemnity, Insurance and Bond The Company shall at all times during the effective period of this franchise, carry liability insurance as provided herein. The Company covenants and agrees at all times to indemnify and save harmless the City, its officers, agents, employees, and any member of the public against any and all injuries, damages, claims, causes of action or loss of compensation arising or resulting from Company's operations under this franchise, whether or not such loss was caused by the negligence of the City, its agents, servants or employees. Upon notice given Company by City, Company must defend at its own expense, any action or suit brought against the City because of any work or other acts done by the Company under the terms of this franchise. Counsel chosen by Company to defend City must be satisfactory to City. Company will pay any final judgment which might be obtained against City by reason of any work or acts done hereunder by Company, its agents, servants or employees, and Company will pay all damages occurring to any person or property, public or private, resulting from any fault or neglect on its part or on the part of its agents or employees. The Company agrees to carry insurance as follows: �) Workers' Compensation The Company shall furnish the City Clerk a certificate of insurance indicating workers' compensation coverage as required by the State of Texas. 2) Automobile Liability Insurance The Company shall carry, in its own name, a policy in comprehensive form to insure the automobile liability of its operation with limits of not less than Five Hundred Thousand Dollars ($500,000.00) per occurrence for bodily injury and, in addition, not less than One Hundred Thousand Dollars ($100,000.00) property damage. This policy shall name City as an additional insured and provide for thirty (30) days notice to City prior to cancellation. A certificate of insurance certifying such coverage shall be filed with the City Clerk before the effective date of this franchise, and it shall be maintained in force during the term of the franchise. 3) General Liability The Company shall carry, in its own name, a comprehensive liability insurance policy including contractual coverage for operations other than automobile with limits of not less than Five Hundred Thousand Dollars ($500,000.00) per occurrence for bodily injury, and One Hundred Thousand Dollars ($100,00.00) per occurrence for property damage. The policy shall name the City as named insured and provide for thirty (30) days notice to City prior to cancellation. A certificate of insurance certifying such coverage shall be filed with the City Clerk before the effective date of this franchise and maintained in force during the term of the franchise. Section 6. Compliance with Laws and Ordinances The Company shall, at all times during the term of this franchise, be subject to all lawful exercise of police power by the City and to such reasonable regulations as the City shall hereafter by ordinance provide. In addition, the Company will observe all city, county, state, and federal laws regulating the collection and disposal of solid waste. Section 7. Service Standard and Equipment The Company shall maintain and operate its collection system and equipment in good order to render efficient service subject to the terms of this franchise. All vehicles, containers, and equipment used for the collection and transportation of solid waste shall be constructed, operated and maintained to prevent loss of liquid or solid waste material and to minimize health and safety hazards to solid waste management personnel and the public. Such vehicles, containers, and equipment used shall be maintained in a clean, sanitary condition and free from odors at all times. All vehicles and equipment shall comply with federal, state, and local regulations. Collection vehicles and all bulk, . commercial, and roll -off type containers shall be painted and numbered and shall have the Company's name and telephone number painted in letters of a contrasting color. Such containers may not be placed on any street or right-of-way within the City. All collections shall be made directly from the premises of the customer and any emptied containers returned directly to such premises. Section 8. Providing Services The Company shall provide service to any person, firm, corporation, association or entity inside the City of Beaumont who requests such service and is not delinquent in the payment of collection charges due the Company. Section 9. Office The Company shall establish and maintain an office with telephone service and shall keep said office open for business from 9:00 A.M. to 5:00 P.M. each and every day except Saturday, Sunday and holidays. Section 10. Interruption of Service In the event that service shall be interrupted for any reason for more than forty- eight (48) hours, the City shall have the right to make temporary independent arrangements for the purposes of continuing this necessary service to its residents in order to provide or protect the public health and safety. If the interruption in service mentioned herein continues for a period of seventy-two (72) hours, then the City shall have the right to terminate the rights and privileges granted in this franchise. Section 11. Termination In the event that any provision of this franchise is violated by the Company, the City may serve written notice upon the Company of its intention to terminate this franchise. The notice shall contain the reasons for such intention to terminate the franchise. Unless within ten (10) days after mailing such notice by City to the Company, such violation shall cease, or satisfactorily arrangements for correction be made by Company, the City Council may, after a public hearing in which Company is provided an opportunity to present evidence concerning such violation, declare the franchise terminated and serve written notice upon the Company of the termination and the termination of the franchise shall be effective upon the mailing of such notice. Section 12. Transfer of Franchise Rights Franchise rights granted hereunder shall not be transferred to another without the approval of City. A single transfer or a series of transfers of Company's stock which constitute a transfer of a majority interest in Company is subject to the prior approval of City. 4artinn V4 Nntir.Pc Where written notices are provided for in this ordinance, same shall be sufficient to notify Company when provided by certified mail to: Impact Waste LLC PO Box 20413 Beaumont, Texas 77720 Notice to City is sufficient if mailed by certified mail to: City Manager City of Beaumont P.O. Box 3827 Beaumont, TX 77704 Section 14. If any section, sentence, clause, paragraph or phrase of this ordinance, other than Section 4, is for any reason held to be invalid or illegal, such invalidity shall not affect the remaining portions of this ordinance. If Section 4 hereof is held to be invalid for any reason, the ordinance shall be immediately invalid. Section 15. It is agreed by City and Company that venue of any legal proceedings under this franchise agreement shall be in Jefferson County, Texas. Section 16. Vehicle Permits Twenty (20) days prior to the effective date of this franchise, the Company shall furnish to the City a list of all vehicles to be providing solid waste collection and disposal service under this franchise. Such list shall include state license number, year, make, model and manufacturer's rated capacity for each vehicle. Vehicles not having a valid City of Beaumont landfill permit will not be allowed to operate under this agreement nor utilize the City refuse disposal facility. If at any time a vehicle or equipment is found to be in noncompliance with Section 7 of this franchise, the Company will be notified of its violation and said equipment or vehicle shall be removed from service upon receipt of written notification. Failure to comply with this provision or to falsify the information concerning the location of the service of the vehicle shall be a material breach of this franchise. Should City decide not to terminate this franchise because of any violation of this Section, Company's disposal fee at City's landfill shall be doubled for all of Company's vehicles for a period of sixty (60) days. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 21st day of March, 2017. ACCEPTANCE: Impact Waste, LLC By: (Company Owner/Representative) MIA, rzl '- . WHEREAS, • March 21, 2017, the City Council approved ordinance No. from Industrial Transportation Waste, LLC to Impact Waste, LLC.; and, WHEREAS, written notice was given of the intent of the City to terminate the Impact Waste, LLC solid waste and transportation service franchise agreement; and, *rdinance No. 17-017 terminating the •. Waste, LLC so • waste collection arrd RMTET070y, 1,1:11111111111111111ilillillil Ill �1!1111111111 !1111!11!!l . 6 WHEREAS, City • considered the information presented and • that Impact Waste, LLC is delinquent in the payment of its landfill disposal fees and I iherefore in violation of its solid waste collection and transportation service franchiss- OWN affffffi�F` . RFGIENV��ffl gig THAT the statements and findings set • in the preamble to this ordinance are hereby, A all things, approved and adopted; • THAT Ordinance No. 17-017 is hereby and in all things repealed thereby terminating the solid waste collection and transportation service franchise agreement of Impact Waste, LLC; and, 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, 1-0 . TIVIIII M I FUATPTMN�