HomeMy WebLinkAboutPACKET OCT 02 2001 A IL
City y o f Beaumont
REGULAR MEETING OF THE CITY COUNCIL
COUNCIL CHAMBERS OCTOBER 2, 2001 1:30 P.M.
AGENDA
OPENING
• Invocation Pledge Roll Call
• Presentations and Recognition
• Public Comment: Persons may speak on scheduled agenda items 8-10
• Consent Agenda
GENERAL BUSINESS
1. Consider a request for a zone change from RS (Residential Single Family Dwelling) to
NC (Neighborhood Commercial) District for the property at 695 Todd Avenue
2. Consider a request for a zone change from PUD (Planned Unit Development) to
A-R (Agricultural-Residential) for a 31.252 acre tract out of the D. Easley League
located one mile north of State Highway 105 and south of the Lower Neches Valley
Authority(L.N.V.A.) Canal
3. Consider a request for a specific use permit to allow the expansion of the Magnolia
Cemetery(South Addition) onto property zoned RM-H (Residential Multiple Family
Dwelling-Highest Density) and LI(Light Industrial) District for property south of Elm
Avenue between Pine Street and Texas Avenue
4. Consider a request for a zone change from GC-MD (General Commercial-Multiple
Family Dwelling) to RTM-H (Residential Multiple Family Dwelling-Highest Density)
District for a 1.945 acre tract located in the 7500 block of Brooks Road
5. Consider a request for a specific use permit to convert a residential care facility into a
three-unit apartment in an RCR (Residential Conservation and Revitalization) District
for the property at 2390 Broadway
6. Consider a request for a specific use permit to allow private swimming lessons in
an RS (Residential Single Family Dwelling) District at 2608 Hazel
7. Consider a request to extend a specific use permit time limit 12 months to October 5,
2002 for the property at 1955 Dowlen Road
8. Consider an amendment to Sections 28-5 and 28-6 of the Code of Ordinances
increasing regular and special transit fares effective November 1, 2001
9. Consider a request to abandon the most northerly 295 feet of Grove Street
10. Consider approving an ordinance providing for Trial In Defendant's Absence
On Defendant's Violation Of Promise To Appear, to be numbered Chapter 8,
Section 8-1
COMMENTS
• Councilmembers comment on various matters
• City Manager's Report - Fire Department Flags Remain At Half-Staff, Sabine Neches
Waterway, CAFR Award, TexShare Program, World Trade Center Disaster
Memorial and Southeast Texas Arts Council
• Public Comment (Persons are limited to 3 minutes)
EXECUTIVE SESSION
* Consider matters related to contemplated or pending litigation in accordance with
Section 551.071 of the Government Code:
Sandra Pope v. Leslie Carmen Apple
Janice Haynes v. City of Beaumont, et al
Claim of Atrue Jackson
Persons with disabilities who plan to attend this meeting and who may need auxiliary aids
or services are requested to contact Kyle Hayes at 880-3716 a day prior to the meeting.
1
Council consider a request for a zone change from RS (Residential Single Family Dwelling) to NC
(Neighborhood Commercial) District for the property at 695 Todd Avenue
MAW
City of Beaumont
Council Agenda Item
TO: City Council
FROM: Stephen J. Bonczek, City Manager
PREPARED BY: Stephen C. Richardson, Planning Manager
MEETING DATE: October 2, 2001
AGENDA MEMO DATE: September 18, 2001
REQUESTED ACTION: Council consider a request for a zone change from RS (Residential
Single Family Dwelling) to NC (Neighborhood Commercial)District for the property at 695 Todd
Avenue.
RECOMMENDATION
The Administration recommends denial of the zone change from RS (Residential Single Family
Dwelling)to NC (Neighborhood Commercial)District for the property at 695 Todd Avenue. This
is an example of"spot" zoning. A change to NC or other commercial district would create a
commercial island surrounded by a single family zoned and developed neighborhood.
BACKGROUND
Mrs. Douglas owns three lots at Todd and Doty in far west Beaumont. This area was annexed into
the City in 1957 and zoned for single family uses in 1964. The Gulf Terrace Addition was slow to
develop, but this subdivision is now a residential neighborhood.
The applicant wants to open a two-chair beauty shop in her house.
BUDGETARYIMPACT
None.
PREVIOUS ACTION
At a joint Public Hearing with City Council held September 17, 2001, the Planning Commission
voted 5-0 to deny a zone change from RS (Residential Single Family Dwelling) to NC
(Neighborhood Commercial) District for the property at 695 Todd Avenue.
SUBSEQUENT ACTION
None.
RECOMMENDED BY
Planning Commission,City Manager,Executive Assistant to City Manager/Economic Development
Director and the Planning Manager.
RECOMMENDED MOTION
Approve/Deny a request for a zone change from RS (Residential Single Family Dwelling) to NC
(Neighborhood Commercial) District for the property at 695 Todd Avenue.
ORDINANCE NO.
ENTITLED AN ORDINANCE AMENDING CHAPTER 30 OF
THE CODE OF ORDINANCES OF BEAUMONT,TEXAS,AND
IN PARTICULAR THE BOUNDARIES OF THE ZONING
DISTRICTS, AS INDICATED UPON THE ZONING MAP OF
BEAUMONT, TEXAS, BY CHANGING THE ZONING OF
PROPERTY PRESENTLY ZONED RS (RESIDENTIAL
SINGLE FAMILY DWELLING) DISTRICT TO NC
(NEIGHBORHOOD COMMERCIAL) DISTRICT FOR
PROPERTY LOCATED AT 695 TODD AVENUE, BEAUMONT,
JEFFERSON COUNTY, TEXAS; PROVIDING FOR
SEVERABILITY; PROVIDING FOR REPEAL AND
PROVIDING A PENALTY.
BE IT ORDAINED BY THE CITY OF BEAUMONT:
Section 1.
That Chapter 30 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 30-56 thereof, is hereby amended by changing the
zoning of property presently zoned as RS (Residential Single Family Dwelling) District to
NC (Neighborhood Commercial) District for property located at 695 Todd Avenue, being
Lots 8, 9, and 10, Block 27, Gulf Terrace Addition, Beaumont, Jefferson County, Texas,
containing 1.09 acres, more or less, as described on Exhibit "A", and the official zoning
map of the City of Beaumont,is hereby amended to reflect such changes.
Section 2.
That, in all other respects, the use of the property hereinabove described shall be
subject to all of the applicable regulations contained in Chapter 30 of the Code of
Ordinances of Beaumont, Texas, as amended.
Section 3.
That if any section, subsection, sentence, clause or phrase of this ordinance, or the
application of same to a particular set of persons or circumstances, should for any reason
be held to be invalid, such invalidity shall not affect the remaining portions of this
ordinance, and to such end, the various portions and provisions of this ordinance are
declared to be severable.
Section 4.
That all ordinances or parts of ordinances in conflict herewith are repealed to the
extent of the conflict only.
Section 5.
That any person who violates any provision of this ordinance shall, upon conviction,
be punished, as provided in Section 1-8 of the Code of Ordinances of Beaumont, Texas.
PASSED BY THE CITY COUNCIL of the City of Beaumont on this the 2nd of
October, 2001.
- Mayor -
FILE 1582-Z:Request for it zone change from RS (Residential Single Family Dwelling) NORTH
to NC (Neighborhood Commercial) District. -
Location: 695 Todd Avenue at Doty.
Applicant: Cynthia Douglas SCALE
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EXHIBIT "A"
HWY.90-COLLEGE- r
2
Council consider a request for a zone change from PUD (Planned Unit Development)to A-R
(Agricultural-Residential) for a 31.252 acre tract out of the D. Easley League located one mile
north of State Highway 105 and south of the Lower Neches Valley Authority (L.N.V.A.) Canal
City o f Beaumont
Council Agenda Item
TO: City Council
FROM: Stephen J. Bonczek, City Manager
PREPARED BY: Stephen C. Richardson, Planning Manager
MEETING DATE: October 2, 2001
AGENDA MEMO DATE: September 18, 2001
REQUESTED ACTION: Council consider a request for a zone change from PUD(Planned Unit
Development)to A-R(Agricultural-Residential)for a 31.252 acre tract out of the D. Easley League
located one mile north of State Highway 105 and south of the Lower Neches Valley Authority
(L. N. V. A.) Canal. The property fronts on Keith Road.
RECOMMENDATION
The Administration recommends approval of the zone change from PUD (Planned Unit
Development)to A-R(Agricultural-Residential)District for a 31.252 acre tract out of the D.Easley
League located one mile north of State Highway 105 and south of the Lower Neches Valley
Authority(L.N.V.A.)Canal. The property fronts on Keith Road. This request is in compliance with
the Comprehensive Plan.
BACKGROUND
Thomas Sibley,Attorney-at-Law,is representing the owner of the 31.2518 acres,purchased as Tract
61-U, Tax Plat RS-5, D. Easley League, by Herschel Hobson, Attorney-at-Law.
Tract 61-U was purchased from the heirs of the J. W. "Johnny" Walker Estate. Mr. Hobson had
planned to build a home on the land,but later decided to build in Tyler County. He has a new buyer
that wants to build a home and raise horses for his children to ride. The existing PUD zoning does
not allow livestock as a permitted use.
The property was annexed into the City in 1957 and zoned RS(Residential Single Family Dwelling)
(R-I) in 1964. It is located in the northwest corner of the City. In 1982, Mr. Walker submitted a
plan for a planned unit development composed of mixed land uses on a 172 acre tract fronting on
N. Major Drive. He also received a specific use permit for a Type`B"Trailer Park,being a mobile
home (platted) subdivision on 21.85 acres. The PUD never developed after the mobile home
subdivision was built. The subject 31 acres of the most westerly part of the original 172 acres was
rezoned to PUD in 1982. It is carried by the tax office as a separate tract. The property backs up
to the Lower Neches Valley Authority (L.N.V.A.) Canal and the only access is from the most
northern segment of Keith Road, Beaumont's west corporate limits. All of the surrounding land is
underdeveloped and is pasturage or fallow fields.
BUDGETARYIMPACT
None.
PREVIOUS ACTION
At a joint Public Hearing with City Council held September 17, 2001, the Planning Commission
voted 5-0 to approve the zone change from PUD(Planned Unit Development)to A-R(Agricultural-
Residential) for a 31.252 acre tract out of the D. Easley League located one mile north of State
Highway 105 and south of the Lower Neches Valley Authority (L.N.V.A.) Canal.
SUBSEQUENT ACTION
None.
RECOMMENDED BY
Planning Commission,City Manager,Executive Assistant to City Manager/Economic Development
Director and the Planning Manager.
RECOMMENDED MOTION
Approve/Deny a request for a zone change from PUD (Planned Unit Development) to A-R
(Agri cultural-Residential)for a 31.252 acre tract out of the D.Easley League located one mile north
of State Highway 105 and south of the Lower Neches Valley Authority(L.N.V.A.) Canal.
ORDINANCE NO.
ENTITLED AN ORDINANCE AMENDING CHAPTER 30 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 PRESENTLYZONED PUD(PLANNED UNIT DEVELOPMENT)
DISTRICT TO A-R (AGRICULTURAL-RESIDENTIAL) DISTRICT FOR
PROPERTY LOCATED ONE MILE NORTH OF STATE HIGHWAY 105AND
SOUTH OF THE LOWER NECHES VALLEY AUTHORITY (L.N.V.A.)
CANAL, BEAUMONT, JEFFERSON COUNTY, TEXAS PROVIDING FOR
SEVERABILITY; PROVIDING FOR REPEALAND PROVIDINGA PENALTY.
BE IT ORDAINED BY THE CITY OF BEAUMONT:
Section 1.
That Chapter 30 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 30-56 thereof, is hereby amended by changing the
zoning of property presently zoned as PUD (Planned Unit Development) District to A-R
(Agricultural-Residential) District for property located one mile north of State Highway 105
and south of the lower Neches Valley Authority (L.N.V.A.) Canal being:
31.2518 acres in the D. Easley League, Abstract No. 20 in Beaumont,
Jefferson County, Texas, and being part of the certain 147.16 acre tract
conveyed to J.H. Walker by Deed recorded in Volume 2408, Page 70 of the
Deed Records of Jefferson County and said 31.2518 acres being more
particularly described by metes and bounds as follows:
FOR locative corner begin at an old 1 1/4 inch iron pipe found, in the center
line of Keith Road locating the Northwest corner of the Ped Acres Addition
that is Recorded in volume 4, Page 139 of the Map Records of Jefferson
County; said iron pipe being in the east line of the Sarah Morris Survey,
Abstract No. 42 and in the West line of the D. Easley League Abstract No.
20 and locating the Southwest corner of said Walker 147.16 acre tract; and
the Southwest corner of a 30 foot wide road right-of-way granted by J. H.
Walker to Jefferson County by instrument that is recorded in Volume 1285,
Page 305 of the Deed Records of Jefferson County;
THENCE North 880 56' 32" East with the South line of the said 147.16 acre
tract and with the North line of Perl Acres Addition 30 feet to a 1 inch iron
stake placed for the Southwest and beginning corner of the 31.2518 acre
tract herein described;
THENCE North 000 20' 45"West parallel to and 30 feet east of the common
line of the Morris Survey and the Easley League and with the East line of
said 30 feet wide road, right-of-way 581.50 feet to a 1 inch steel rod placed
for corner in the South line of the 200 foot wide L.N.V.A. Canal that is
described in Volume 24, Page 34 of the Deed Records of Jefferson County,
Texas;
THENCE South 89" 44' 03" East with said Canal's South right-of-way line
and at 2396.17 feet pass a 5/8 inch steel rod with cap locating the Northwest
corner of a 130 foot wide drainage ditch right-of-way and continue on
2462.13 feet to a point in the centerline of said drainage ditch for corner,
said drainage right-of-way being described in Film Code No. 104-34-2589
in the County Real Property Records:
THENCE South 090 32' 30"West with said centerline 85.77 feet to an angle
point;
THENCE South 04°08' 14" East with said centerline 349.58 feet to an angle
point and the beginning point of a curve concave to the East whose radius
is 345 feet and whose central angel is 15° 27' 55";
THENCE in a Southeast direction with said centerline and with the arc of
said curve an arc distance of 93.12 feet to a point in the North line of said
Perl Acres Addition and in the South line of said Walker 147.16 acre tract;
THENCE South 880 56' 32" West with said lines and with an old fence line
and at 67.95 feet pass Drainage District Monument No. 1755 locating the
Southwest corner of said 130 foot width right-of-way and continuing on same
course a total distance of 2489.06 feet to the place of beginning, containing
31.2518 acres of land, as described on Exhibit uX, and the official zoning
map of the City of Beaumont is hereby amended to reflect such changes.
Section 2.
That, in all other respects, the use of the property hereinabove described shall be
subject to all of the applicable regulations contained in Chapter 30 of the Code of
Ordinances of Beaumont, Texas, as amended.
Section 3.
That if any section, subsection, sentence, clause or phrase of this ordinance, or the
application of same to a particular set of persons or circumstances, should for any reason
be held to be invalid, such invalidity shall not affect the remaining portions of this
ordinance, and to such end, the various portions and provisions of this ordinance are
declared to be severable.
Section 4.
That all ordinances or parts of ordinances in conflict herewith are repealed to the
extent of the conflict only.
Section 5.
That any person who violates any provision of this ordinance shall, upon conviction,
be punished, as provided in Section 1-8 of the Code of Ordinances of Beaumont, Texas.
PASSED BY THE CITY COUNCIL of the City of Beaumont on this the 2nd of
October, 2001.
- Mayor-
' 1 1 I I I 1 I 11 11 1 I 1-1-M. 1 1 1 1 1 77 1 NORTH
' Residential) District
Location: 1 1 II •
north 1 1 • 11 of Keith Road 1 1 1 1 north.
1 1 y: I Thomas Sibley for Herschel H1 11 1 SCALE
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Council consider a request for a specific use permit to allow the expansion of the Magnolia
Cemetery(South Addition) onto property zoned RM-H (Residential Multiple Family Dwelling-
Highest Density) and LI (Light Industrial) District for property south of Elm Avenue between
Pine Street and Texas Avenue
MAW City of Beaumont
......
•W Council Agenda Item
TO: City Council
FROM: Stephen J. Bonczek, City Manager
PREPARED BY: Stephen C. Richardson, Planning Manager
MEETING DATE: October 2, 2001
AGENDA MEMO DATE: September 18, 2001
REQUESTED ACTION: Council consider a request for a specific use permit to allow the
expansion of the Magnolia Cemetery (South Addition) onto property zoned RM-H (Residential
Multiple Family Dwelling-Highest Density) and LI(Light Industrial)District for property south of
Elm Avenue between Pine Street and Texas Avenue.
RECOMMENDATION
The Administration recommends approval of the specific use permit to allow the expansion of the
Magnolia Cemetery (South Addition) onto property zoned RM-H (Residential Multiple Family
Dwelling-Highest Density) and LI (Light Industrial) District for property south of Elm Avenue
between Pine Street and Texas Avenue.
BACKGROUND
Magnolia Cemetery purchased the 3.233 acre site of the former Pipkin Elementary School from the
City of Beaumont. The purpose of the purchase was to develop four cemetery blocks containing
2400 grave sites.
Magnolia Cemetery is a non-profit corporation,established in Beaumont in 1887. Most of the now
vacant school site is zoned RM-H. The south part of the tract is zoned LI. A specific use permit is
required in any zoning district to expand an existing cemetery.
The cemetery will be landscaped and screened with iron rail fences and gates and brick entryways.
The cemetery plat was filed for record in the map records of Jefferson County, July 10, 2001 in
Volume 16, Page 363.
BUDGETARYIMPACT
None.
PREVIOUS ACTION
At a joint Public Hearing with City Council held September 17, 2001, the Planning Commission
voted 5-0 to approve the specific use permit to allow the expansion of the Magnolia Cemetery(South
Addition) onto property zoned RM-H and LI District for property south of Elm Avenue between
Pine Street and Texas Avenue including the schematics as outlined in Plan Scheme B and as shown
initially on the site plan.
SUBSEQUENT ACTION
None.
RECOMMENDED BY
Planning Commission,City Manager,Executive Assistant to City Manager/Economic Development
Director and the Planning Manager.
RECOMMENDED MOTION
Approve/Deny a specific use permit to allow the expansion of the Magnolia Cemetery (South
Addition) onto property zoned RM-H and LI District for property south of Elm Avenue between
Pine Street and Texas Avenue including the schematics as outlined in Plan Scheme B and as shown
initially on the site plan.
ORDINANCE NO.
ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE
PERMIT FOR THE EXPANSION OF MAGNOLIA CEMETERY
ONTO PROPERTYZONED RM-H(RESIDENTIAL MULTIPLE
FAMILY DWELLING-HIGHEST DENSITY) DISTRICT AND LI
(LIGHT INDUSTRIAL) DISTRICT LOCATED SOUTH OF ELM
AVENUE BETWEEN PINE STREETAND TEXAS AVENUE, IN
THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS.
WHEREAS, the City Council forthe City of Beaumont desires to issue a specific use
permit to Magnolia Cemetery for the expansion of the cemetery onto property zoned RM-H
(Residential Multiple Family Dwelling-Highest Density) District and LI (Light Industrial)
District located south of Elm Avenue between Pine Street and Texas Avenue described
as follows:
BEING a 3.233 acre tract of land consisting of all that certain Magnolia
Cemetery Company called 3.209 acre tract of land, more fully described and
recorded in Clerk's File No. 1999037134 of the Official Public Records of
Jefferson County, Texas. Said 3.233 acre tract being situated in the James
Drake Survey, Abstract No. 18, Jefferson County, Texas and is more
particularly described as follows:
BEGINNING at a 1 inch iron pipe found for the Northwest corner of said
Magnolia Cemetery called 3.209 acre tract, same being the intersection of
the South line of Elm Avenue right-of-way (60 feet wide) and the East line of
Texas Avenue right-of-way (60 feet wide);
THENCE in a Southeasterly direction along and with the West line of said
Magnolia Cemetery called 3.209 acre tract, same being the East line of said
Texas Avenue right-of-way the following courses and distances:
South 25 degrees 23 minutes 28 seconds East a distance of 165.58 feet
to a 5/8 inch iron rod with cap stamped "Wortech" set for the P.C. of a
tangent curve to the right having a radius of 322.55 feet, a central angle of
25 degrees 01 minutes 59 seconds and a chord length of 139.81 feet
bearing South 12 degrees 52 minutes 29 seconds East:
In a southeasterly direction along the arc of said curve to the right an arc
distance of 140.93 feet to a 5/8 inch iron rod with cap stamped"Wortech" set
for the P.T. of said curve;
South 00 degrees 21 minutes 28 seconds East a distance of 296.66 feet
to a 1 inch iron pipe found for the Southwest corner of said Magnolia
Cemetery called 3.209 acre tract, same being the Northwest corner of Lot 1,
Block 7 of North Addition as recorded in Volume 1, Page 39 of the Map
Records of Jefferson County, Texas;
THENCE North 87 degrees 42 minutes 30 seconds East along and with
the South line of said Magnolia Cemetery called 3.209 acre tract, same
being the common North line of said Block 7 and the Bryant M. Allen and
Henry Allen tract of land, more fully described and recorded in Clerk's File
No. 9807972 of said Official Public Records, the Lucille Allen tract of land,
more fully described and recorded in Clerk's File No. 9725657 of said
Official Public Records, the Florence D. Franks tract of land, more fully
described and recorded in Film Code 103-31-1212 of said Official Public
Records and the Mount Gilead Missionary Baptist Church tracts of land,
more fully described and recorded in Clerk's File No. 9802820, Clerk's File
No.9410227, Clerk's File No. 9405149, and Clerk's File No. 9405928 of said
Official Public Records, a distance of 346.90 feet to a 1 1/4 inch iron pipe
found for the Southeast corner of said Magnolia Cemetery called 3.209 acre
tract;
THENCE in a Northwesterly direction along and with the East line of said
Magnolia Cemetery called 3.209 acre tract, same being the West line of Pine
Street right-of-way (60 feet wide) the following courses and distances:
North 13 degrees 41 minutes 25 seconds West a distance of 60.29 feet
to a 5/8 inch iron rod with cap stamped "Wortech" set for corner;
North 24 degrees 42 minutes 25 seconds West a distance of 60.14 feet
to a 5/8 inch iron rod with cap stamped "Wortech" set for corner;
North 34 degrees 52 minutes 55 seconds West a distance of 60.14 feet
to a 5/8 inch iron rod with cap stamped "Wortech" set for corner;
North 40 degrees 07 minutes 55 seconds West a distance of 116.66 feet
to a 5/8 inch iron rod with cap stamped "Wortech" set for the P.C. of a
tangent curve to the right having a radius of 239.12 feet, a central angle of
35 degrees 10 minutes 56 seconds and a chord length of 144.53 feet
bearing North 22 degrees 32 minutes 27 seconds West;
In a Northwesterly direction along the arc of said curve to the right an arc
distance of 146.83 feet to a 5/8 inch iron rod with cap stamped"Wortech" set
for the P.T. of said curve;
North 04 degrees 56 minutes 55 seconds West a distance of 207.74 feet
to a 5/8 inch iron rod with cap stamped "Wortech" set for corner;
North 08 degrees 05 minutes 55 seconds West a distance of 79.29 feet
to a 3/4 inch iron pipe found for the Northeast corner of said Magnolia
Cemetery called 3.209 acre tract, same being the intersection of the West
line of said Pine Street right-of-way and the South line of said Elm Avenue
right-of-way.
THENCE South 63 degrees 44 minutes 46 seconds West along and with
the North line of said Magnolia Cemetery called 3.209 acre tract, same being
the South line of said Elm Avenue right-of-way, a distance of 119.96 feet to
a 5/8 inch iron rod with cap stamped "Wortech" set for corner;
THENCE South 16 degrees 46 minutes 14 seconds East along and with
a West line of said Magnolia Cemetery called 3.209 acre tract, same being
a East line of an apparent small tract of land, a distance of 59.32 feet to a
5/8 inch iron rod with cap stamped "Wortech" set for corner.
THENCE South 88 degrees 33 minutes 00 seconds West along and with
a North line of said Magnolia Cemetery called 3.209 acre tract, same being
a South line of said apparent small tract, a distance of 112.68 feet to a 5/8
inch iron rod with cap stamped "Wortech" set for corner.
THENCE North 52 degrees 43 minutes 11 seconds West along and with
North line of said Magnolia Cemetery called 3.209 acre tract, same being the
South Line of said apparent small tract, a distance of 17.63 feet to the
PLACE OF BEGINNING, containing 3.233 acres of land, more or less.
This legal description describes the same property conveyed to the City of
Beaumont in Volume 1864, Page 4 of the Deed Records of Jefferson County,
Texas, as shown on Exhibit "A° attached hereto; and,
WHEREAS, the City Council is of the opinion that the issuance of such specific use
permit is in the best interest of the City of Beaumont and its citizens, subject to the
hereinafter described conditions;
1. Landscaping
2. Screened with iron rail fences
3. Gates and brick entryways
NOW, THEREFORE, BE IT ORDAINED BY THE
CITY OF BEAUMONT:
Section 1.
That all conditions necessary for issuance of a specific use permit have been met
and a specific use permit for the expansion of Magnolia Cemetery onto property zoned
RM-H (Residential Multiple Family Dwelling-Highest Density) District and LI (Light
Industrial) District located south of Elm Avenue between Pine Street and Texas Avenue
is hereby granted to Magnolia Cemetery, its legal representatives, successors and assigns
for that certain tract shown on Exhibits "A", "B" and "C" attached hereto and made a part
hereof for all purposes.
Section 2.
That the specific use permit herein granted is expressly issued for and in
accordance with each particular and detail of the site plan and plan scheme attached
hereto as Exhibits "B" and "C" and made a part hereof for all purposes.
Section 3.
Notwithstanding the site plan attached hereto, the use of the property hereinabove
described shall be in all other respects subject to all of the applicable regulations
contained in Chapter 30 of the Code of Ordinances of Beaumont, Texas, as amended.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 2nd day of
October, 2001.
- Mayor -
FILE 1579-P: Request for a specific use permit to allow the expansion of the Magnolia NORTH
Cemetery (South Addition) onto property zoned RM-H (Residential Multiple Family
s • Dwelling- High Density) and LI (Light Industrial) District. -
` Location: South of Elm Avenue between Pine Street and Texas Avenue. SCALE
• ,L 1 Applicant: Magnolia Cemetery 1"=200'
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4
Council consider a request for a zone change from GC-MD (General Commercial-Multiple Family
Dwelling) to RM-H (Residential-Multiple Family Dwelling-Highest Density) District for a 1.945
acre tract located in the 7500 block of Brooks Road
Cit y of Beaumont
Council Agenda Item
TO: City Council
FROM: Stephen J. Bonczek, City Manager
PREPARED BY: Stephen C. Richardson, Planning Manager
MEETING DATE: October 2, 2001
AGENDA MEMO DATE: September 18, 2001
REQUESTED ACTION: Council consider a request for a zone change from GC-MD (General
Commercial-Multiple Family Dwelling)to RM-H(Residential Multiple Family Dwelling-Highest
Density) District for a 1.945 acre tract located in the 7500 block of Brooks Road.
RECOMMENDATION
The Administration recommends approval of the zone change from GC-MD(General Commercial-
Multiple Family Dwelling) to RM-H (Residential Multiple Family Dwelling-Highest Density)
District for a 1.945 acre tract located in the 7500 block of Brooks Road.
BACKGROUND
The applicant, Mike Phelan, plans to develop additional units off Willow Creek south of the
Brentwood Golf Course. Willow Bend Drive will be extended to Brooks Road in the future.
Future development will consist of cul-de-sacs extending east and west of Willow Bend Drive. The
request is to rezone almost 2 acres now GC-MD to RM-H situated west of the proposed extension
of Willow Bend. This will allow for two additional estate size lots.
BUDGETARY IMPACT
None.
PREVIOUS ACTION
At a joint Public Hearing with City Council held September 17, 2001, the Planning Commission
voted 5-0 to approve the zone change from GC-MD (General Commercial-Multiple Family
Dwelling) to RM-H (Residential Multiple Family Dwelling-Highest Density) District for a 1.945
acre tract located in the 7500 block of Brooks Road.
SUBSEQUENT ACTION
None.
RECOMMENDED BY
Planning Commission,City Manager,Executive Assistant to City Manager/Economic Development
Director and the Planning Manager.
RECOMMENDED MOTION
Approve/Deny a request for a zone change from GC-MD (General Commercial-Multiple Family
Dwelling) to RM-H (Residential Multiple Family Dwelling-Highest Density) District for a 1.945
acre tract located in the 7500 block of Brooks Road.
ORDINANCE NO.
ENTITLED AN ORDINANCE AMENDING CHAPTER 30 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 RM-H (RESIDENTIAL
MULTIPLE FAMILY DWELLING-HIGHEST DENSITY) DISTRICT FOR
PROPERTY LOCATED IN THE 7500 BLOCK OF BROOKS ROAD,
BEAUMONT, JEFFERSON COUNTY, TEXAS PROVIDING FOR
SEVERABILITY; PROVIDING FOR REPEALAND PROVIDINGA PENALTY.
BE IT ORDAINED BY THE CITY OF BEAUMONT:
Section 1.
That Chapter 30 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 30-513 thereof, is hereby amended by changing the
zoning of property presently zoned as GC-MD (General Commercial-Multiple Family
Dwelling) District to RM-H (Residential Multiple Family Dwelling-Highest Density) District,
located in the 7500 block of Brooks Road as described below:
A rectangular shaped 1.945 acre (84,750 square feet) tract of land out of
the S. Stivers League, Abstract No. 51 located in Beaumont, Jefferson
County, Texas.
ALL THAT CERTAIN tract or parcel of land being out and a part of that
certain tract of land conveyed by deed dated February 5, 1934 and recorded
in Volume 384, Page 257 of the Deed Records of Jefferson County, Texas,
said 1.945 acre tract being described as follows:
BEGINNING at the southwest corner of the herein described tract, said
corner being in the north line of Brooks Road, a sixty foot (60') wide street
right-of-way and located South 72 degrees 11 minutes 55 seconds East (S
72" 11' 55" E) a distance of 1,200.73 feet (1200.73') from the point of
intersection of the projected north line of said Brooks Road with projected
east line of Major Drive (FM 364);
THENCE with the north line of Brooks Road and the south line of the herein
described tract, South 72 degrees 55 minutes 11 seconds East (S 72" 55'
11" E) for a distance of 149.27 feet (149.27') to a point marking the
southeast corner of the herein described tract.
THENCE with the east line of the herein described tract, North 17 degrees
48 minutes 05 seconds East (N170 48' 05"E) for a distance of 544.19 feet
(544.19') to a point marking the northeast corner of the herein described
tract, said corner being located in one of the southerly courses of that certain
46.106 acre tract described in deed as Tract 4, conveyed by the Phelan
Trust B to Brentwood Investments, Inc., as recorded under County Clerk's
File No. 96-9623224 of the Official Public Records of Real Property in
Jefferson County, Texas;
THENCE with the southerly line of said 46.106 acre Brentwood Investments
tract and the north line of the herein described tract, North 54 degrees 39
minutes 25 seconds West (N 54° 39'25" W) (deed call-N 52°18'32"W)for a
distance of 156.55 feet (156.55') to a point marking the northwest corner of
the herein described tract:
THENCE with the west line of the herein described tract, South 17 degrees
48 minutes 05 seconds West (S 170 48' 05"W) for a distance of 591.37 feet
(591.37') to the PLACE OF BEGINNING, containing 1.945 acres (84,750
square feet) of land more or less, as described on Exhibit"A", and the official
zoning map of the City of Beaumont is hereby amended to reflect such
changes.
Section 2.
That, in all other respects, the use of the property hereinabove described shall be
subject to all of the applicable regulations contained in Chapter 30 of the Code of
Ordinances of Beaumont, Texas, as amended.
Section 3.
That if any section, subsection, sentence, clause or phrase of this ordinance, or the
application of same to a particular set of persons or circumstances, should for any reason
be held to be invalid, such invalidity shall not affect the remaining portions of this
ordinance, and to such end, the various portions and provisions of this ordinance are
declared to be severable.
Section 4.
That all ordinances or parts of ordinances in conflict herewith are repealed to the
extent of the conflict only.
Section 5.
That any person who violates any provision of this ordinance shall, upon conviction,
be punished, as provided in Section 1-8 of the Code of Ordinances of Beaumont, Texas.
PASSED BY THE CITY COUNCIL of the City of Beaumont on this the 2nd of
October, 2001.
- Mayor-
rJ
1
-T-
WILLOW CREEK BREMW OOD GOLF COURSE
COUNTRY CLUB ESTATES
S PHW a SECTION V
(M.R. votuw 15. NG 134) A
c R M H
BRENTWOOD INVESTMENTS, INC.
TRACT 4 R M H � ►rcx
SCALE 17--200' 46.106 ACRES
(ccr. NO. 96-9623224) P WILLOW CREDO
COUNTRY CLUB ESTATES
N —_
BRE OMW GOLF COIXM
3
GC–MD „
c(UNDEVELOPED) Y R
44 ACRES SLxOJ�cT�I RovEar RM H
J.H. PHELAN 1945 ACRES — -
M.R. VOUW 364. x 257) •(84,750 SF) 3 \
cFUTURE DE V EL 0PMENT-- �~
" = BEi11AK)N/*uow CREEK. W.
s 7T11'55-E 1200.73' /
149.27
-------- — s 7711.55'E -- BROOKS (60'RM ROAD
P.O.B. SURVEY TO ACCOMPANY
REQUEST FOR ZONING AMENDMENT
rn GC—MD OF
(UNDEVELOPED) A 1 .945 ACRES OF LAND
LOCATED IN
ca THE SAMUEL STIVERS LEAGUE, ABST. NO. 51
d SUBJECT LOCATED IN
v APPMAW. SITE BEAUMONT, JEFFERSON COUNTY, TEXAS
BEAUMONT WILLOW CREEK. INC. amvll cSc P�'RD BY'
1277 CALDER AVENUE lackman, Contul9ry�Plginrrrf{.Sunrwln
BEAUMONT, TEXAS 77701 i3MS:. ,l s1:n
5
Council consider a request for a specific use permit to convert a residential care facility into a three-
unit apartment in an RCR(Residential Conservation and Revitalization) District for the property at
2390 Broadway
City of Beaumont
Council Agenda Item
TO: City Council
FROM: Stephen J. Bonczek, City Manager
PREPARED BY: Stephen C. Richardson, Planning Manager
MEETING DATE: October 2, 2001
AGENDA MEMO DATE: September 18, 2001
REQUESTED ACTION: Council consider a request for a specific use to convert a residential
care facility into a three-unit apartment in an RCR (Residential Conservation and Revitalization)
District for the property at 2390 Broadway.
RECOMMENDATION
The Administration recommends approval of the specific use permit to convert a residential care
facility into a three-unit apartment in an RCR(Residential Conservation and Revitalization)District
for the property at 2390 Broadway.
BACKGROUND
Judith Rich received a specific use permit in 1997 to convert a 1,970 square foot 2-story home into
a residential care facility for 15 clients. She brought the property into compliance with the specific
use permit regulations and conditions at that time regarding parking, screening, etc.
The care facility did not meet the expectations of Mrs. Rich and she discontinued the operation just
recently. She now wishes to change the format of the structure to allow 3 apartments. No exterior
changes are being proposed. Multi-family uses (3 or more units) in an RCR district require a
specific use permit.
BUDGETARYIMPACT
None.
PREVIOUS ACTION
At a joint Public Hearing with City Council held September 17, 2001, the Planning Commission
voted 5-0 to approve the specific use permit to convert a residential care facility into a three-unit
apartment in an RCR(Residential Conservation and Revitalization)District for the property at 2390
Broadway.
SUBSEQUENT ACTION
None.
RECOMMENDED BY
Planning Commission,City Manager,Executive Assistant to City Manager/Economic Development
Director and the Planning Manager.
RECOMMENDED MOTION
Approve/Deny a specific use permit to convert a residential care facility into a three-unit apartment
in an RCR(Residential Conservation and Revitalization)District for the property at 2390 Broadway.
ORDINANCE NO.
ENTITLED AN ORDINANCE AMENDING ORDINANCE NO.097-33WHICH
GRANTED A SPECIFIC USE PERMIT TO ALLOW A RESIDENTIAL CARE
FACILITY IN AN RCR (RESIDENTIAL CONSERVATION AND
REVITALIZATION) DISTRICT LOCATED AT 2390 BROADWAY,
BEAUMONT, JEFFERSON COUNTY, TEXAS.
WHEREAS, on July 22, 1997, City Council approved Ordinance 097-33
issuing a Specific Use Permit to Judith Rich for a residential care facility in an RCR
(Residential Conservation and Revitalization) District located at 2390 Broadway,
Beaumont, Jefferson County, Texas; and,
WHEREAS,the applicant, Judith Rich,wishes to convert the residential care
facility into a three-unit apartment building; and,
WHEREAS, the Planning and Zoning Commission of the City of Beaumont
considered the issuance of an amended specific use permit to allow a three-unit apartment
building, in Beaumont, Jefferson County, Texas, to Judith Rich, her legal representatives,
successors, and assigns for that certain property hereinafter described; and,
WHEREAS, the City Council is of the opinion that the amendment of such
specific use permit is in the best interest of the City of Beaumont and its citizens, subject
to the hereinafter described conditions; and
WHEREAS, all conditions necessary for amendment of a specific use permit
have been met and a specific use permit to allow a residential care facility to be converted
into a three-unit apartment, in Beaumont, Jefferson County, Texas, should be granted:
NOW, THEREFORE, BE IT ORDAINED BY THE
CITY OF BEAUMONT:
Section 1.
That Ordinance 097-33 be amended by amending the Specific Use Permit
to allow a residential care facility to be converted into a three-unit apartment to Judith
Rich, her legal representatives, her successors, and assigns, located at 2390 Broadway,
Beaumont, Texas as described in Exhibit "A" attached hereto and made a part hereof for
all purposes.
Section 2.
That the amended specific use permit herein granted is expressly issued for
and in accordance with each particular and detail of the site plan attached hereto as
Exhibit "B" and made a part hereof for all purposes.
Section 3.
Notwithstanding the site plan attached hereto, the use of the property hereinabove
described shall be in all respects subject to all of the applicable regulations contained in
Ordinance 097-33 and the regulations contained in Chapter 30 of the Code of Ordinances
of the City of Beaumont, Texas, as amended.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 2nd day of
October, 2001.
- Mayor -
FILE 1580-P: Request for a specific an permit to convert a residential care facility NORTH
3
240 into a three-unit apartment in an RCR(Residential Conservation Revitalization)
• District.
Location: 2390 Broadway at Eight Street SCALE
r Applicant: Judith Rich 1"=200'
1 1 1 1 1 1 • -1 i �7 1 I ! '
I t
to lO if h t (N N ( h t0 I t/ tt L! t• Ll tt I Lf LI' N ( It ./f /) •� N h s ' II 1 11 lJ r l• 1
� I �
� w�ERI I I �
� CALDER AVE �ao— M 1.
I
r I t /. a z It w 0 r r • s • r r /$ 1s At // 4 a t • s . t • : '
I
P4 I t1 ti A /I L/ It ll L. lr if I A I M N to K /1 N A to 91 It lr N I L
ADWAr
I •. ( eo 191 1 00 1
BROADWAY
I
r r 1 •. rr I : u r / /r It r L • s • s /
26 = z • I 2 I I 7-A/
I �
r• ! IS t a i ,. a (to to to rr tL n r. 95 t. r1 to wo is of a M 's o V lr t s• ' r
to rJ i SO / l
LIBERTY AVE.
so 5.91 i so -
a l r r ` ;. 1� a k a a t I r s • s / � 'O/r /t l rr ' o � t o � r c t • � /
�s • ' z � �
'• tJ 't• 11 r• A /0 I 11 !0 r/ Lr Q l• I es its tl /! ,* /1 I & I h to ( Jl tr V to I ld
60
' z F LAUREL AVE. _
� v
3G CO SG - 10 60 Jp0 60 30.E - _ - - 00 i/6 SO; _
'h . y to
• s
i
I W
i t I t • ro JJ ,l:r 1 N� �>' r 0 10 1 11 � 't j Q' • • ! /o
so
' 30 500
SOUTH ST.
I I s ffo I .
' ; t ' - �, ' • s I r / o • • I j I EXHIBIT "A"
I ® ®®• TRASH STORAGE 4'X8'
I
°. ExI$T. 3 SPACES B 8'6'=25'-6'
4 v. DRIVE s— 0
' 13 I
PROMS
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� I
t. 11'-015_'
g
' . -0i �iABE20
+
EANP XISTIN / O
m ROOF LINE
,1-XiT
SIGN EXISTING 1 _
PORCH L
- L_._--
1 Il `ENTRANCE ® — EXIST. '+�ALKVAY
EXISTING TWO I N(x I XIIT
STORY HOUSE I W a STA! -
i
Ld
L
a4 t 1970
W I I
H `
L BLG. LINE
4' -1.0;
O W EXIT ` FENCE
COVER PAR ING iu EXISTING SHELL
i DRIVE
X )4
_ ` ExIST.
03_ 89J3' DRIVE itdMS�u
EXISTING SIDEWALK
1r-o•
W — .
Step SEreAUL
F�oM. g�►���
is W FT. tA%"tC.uM
2390 BROADWAY AVE.
_ SIT PLAN:
SCALE, 1'=20'
6
Council consider a request for a specific use permit to allow private swimming lessons in an RS
(Residential Single Family Dwelling) District at 2608 Hazel
City of Beaumont
Council Agenda Item
A `
TO: City Council
FROM: Stephen J. Bonczek, City Manager
PREPARED BY: Stephen C. Richardson, Planning Manager
MEETING DATE: October 2, 2001
AGENDA MEMO DATE: September 18, 2001
REQUESTED ACTION: Council consider a request for a specific use permit to allow private
swimming lessons in an RS (Residential Single Family Dwelling) District at 2608 Hazel. The
property is within the Oaks Historic District.
RECOMMENDATION
The Administration recommends approval of the specific use permit to allow private swimming
lessons in an RS District at 2608 Hazel subject to a requirement that vehicles transporting swim
students not block driveways or the street pavements in the immediate neighborhood.
BACKGROUND
Marilyn Higgins and her friend Stacey Hansard teach swimming lessons in a pool located in the
backyard of Rusty Hall's home at 2608 Hazel. The hours for teaching are 9:00 a.m. to 5:00 p.m.,
Monday through Thursday. They teach from June to the first week in August. There are seven
classes per day of 6-7 students in each class.
BUDGETARY IMPACT
None.
PREVIOUS ACTION
At a joint Public Hearing with City Council held August 20,2001,the Planning Commission voted
to defer the case until the September 17, 2001 meeting.
At a joint Public Hearing with City Council held September 17,2001,the Planning Commission's
motion to approve the specific use permit to allow private swimming lessons in an RS District at
2608 Hazel subject to a requirement that vehicles transporting swim students not block driveways
or the street pavements in the immediate neighborhood failed 2:3.
RECOMMENDED BY
Planning Commission,City Manager,Executive Assistant to City Manager/Economic Development
Director and the Planning Manager.
RECOMMENDED MOTION
Approve/Deny a specific use permit to allow private swimming lessons in an RS District at 2608
Hazel subject to a requirement that vehicles transporting swim students not block driveways or the
street pavements in the immediate neighborhood.
NOTE: "The 20% Rule"
Sec. 30-40.D. of the Zoning Ordinance states the following:
Protest: The City Council shall not amend, supplement, change, modify or repeal
any regulation, restriction or boundary or approve a Specific Use Permit where a
protest against such change, signed by the owners of twenty (20) percent or more
either of the area of the lots included in such proposed change or of the lots or land
immediately adjoining the same and extending two hundred (200) feet therefrom,
except by the favorable vote of three-fourths (3/4) of all the members of the City
Council.
This means that in order to approve a zone change or specific use permit when the 20%rule has been
invoked at least six Council members must vote in favor of the Ordinance.
On File 1570-P, a protest of 20.65%was received, therefore invoking the Rule on this case.
ORDINANCE NO.
ENTITLED AN ORDINANCE GRANTING A
SPECIFIC USE PERMIT TO ALLOW PRIVATE
SWIMMING LESSONS IN AN RS
(RESIDENTIAL SINGLE FAMILY DWELLING)
DISTRICT LOCATED AT 2608 HAZEL IN THE
CITY OF BEAUMONT, JEFFERSON COUNTY,
TEXAS.
WHEREAS,the City Council for the City of Beaumont desires to issue a specific use
permit to Marilyn Higgins and Rusty Hall to allow private swimming lessons in an RS
(Residential Single Family Dwelling) District located at 2608 Hazel, being Lot 30 and the
east '/ of Lot 29, Block 54, Averill Addition, Beaumont, Jefferson County, Texas,
containing 0.26 acres, more or less, as shown on Exhibit "A' attached hereto; and,
WHEREAS, the City Council is of the opinion that the issuance of such specific use
permit is in the best interest of the City of Beaumont and its citizens, with the following
condition:
Vehicles transporting swim students are not to block driveways or
the street pavements in the immediate neighborhood.
NOW, THEREFORE, BE IT ORDAINED BY THE
CITY OF BEAUMONT:
Section 1.
That all conditions necessary for issuance of a specific use permit have been met
and a specific use permit to allow private swimming lessons in an RS (Residential Single
Family Dwelling) District located at 2608 Hazel, being Lot 30 and the east '/z of Lot 29,
Block 54, Averill Addition, Beaumont, Jefferson County, Texas, containing 0.26 acres,
more or less, as shown on Exhibit "A" attached hereto, is hereby granted to Marilyn
Higgins and Rusty Hall, their legal representatives, successors and assigns for those
certain tracts as described in Exhibit "A" attached hereto and made a part hereof for all
purposes.
Section 2.
That the specific use permit herein granted is expressly issued for and in
accordance with each particular and detail of the site plan attached hereto as Exhibit"B"
and made a part hereof for all purposes.
Section 3.
Notwithstanding the site plan attached hereto, the use of the property hereinabove
described shall be in all other respects subject to all of the applicable regulations
contained in Chapter 30 of the Code of Ordinances of Beaumont, Texas, as amended.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 2"d day of
October, 2001.
- Mayor-
FILE 0370-P: Request for a specific use permit to allow privaw Swimming lessons in NORTH
an area zoned RS(Residential Single Family Dwelling). -
Location: 2608 Hazel(residence)
Applicant: Marilyn Higgins& Rusty Hall SCALE
St/r •s • ,! i r a u ! Jy k I rJ I x {'tr r r
Isis r i ( {.ivq.
90
ASHLEY AVE.
a7d 30 _ _ .. .. i _ - I - 30 39 f -50 -
I I I
IJ H /J t If b ! I 7 / t J t t / /J t // iV ! • 7 / J
39 { t
! t0 J, tl I I r b > /4 N ,! O y of jo P 11
1 I
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f^ : -- LONG AVE.
ore 60
i
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s
a /f Y h Jo V 11 lJ !1 JJ JJ if JI A Job, M tl /f ' ,l { r N 1V TN If JJ
I
• MARRISO/Y I AVE.
- - :'p•' io
HARRISON AVE.
57.4 sty - - Jo !9 i Jo -
4 M Y K // y ! I 7 I l l ' / /J a r y I ! J T • !
I ;• I
I
/• /a $6 n � !o JI JJ rJ N J! Je fs r 04 /J At ,s • a w of tr
' NAIEL IYE:
• HAZEL AVE.
37a io I { �O 33. ( SO
IJ is ! // ,o ! I 1 ! ! • ! t , /! ,J //
N /! Igo V JJ J! N I h 11 I K !! Jf { !o: •y y I /r I I ,! I r M III
so {
26Q7 NORTH ST.
I
4
I f EXHIBIT "A"
G.F. NO.
CLIENT:
LOT 2 LOT 1 POOL PUMP
do EWIPMENT FOUND 5/8"
FOUND 5/8" N 89*32'48" E 74.46' IRON R00
' IRON ROD 6• WOOD FENCE — — — — — — — — —' — —
SHRUBBER
C)
�j ° •
f I P.P.
I
B L 0 c K - 5 4
LOT 29 ' LOT 30 J Y m
r < < u
m D W r
LIGHT 01-E '^
u ��.+ i W SCALE:
z BRI
L PAiI N o �
i° PLANTER - •
uj
COVERED \\ GATE — _°
c" 9.2 41.3 6' WOOD FENCE \ \ \ W
• f5
°
1 STofpy WOOD FRAME o • CONCRETE - ASPHALT
CO /C UN17 REST ENCE ON SLAB "' . DRIVEWAY
O' .
Z
1 STORY MOD FRAME ° tff
Lo
RESIDEN ON PIERS - O -p
° O
W 0
2.5 tz
1 1/2 STOR Y WOOD FRAME '! p O
RESIDENCE ON PIERS
22.2' V) w m
COVERED -
e e pSi„ c� c'Yi v
t•.5 7p > O
C� y
a�
o O r-i O
rn y
n
ca
FOUND 5/8" O `" ¢
FOUND 5/8' IRON ROD Q. U
IRON ROD WEST 75.04' ¢ h N
CIA I
CONCRETE SID EWALK
4 OVERHEAD ELECTRIC P.P. e E`
E
-E-1 E E E E E
77�d -
CURB do CUTTER
HAZEL STREET
DESCRIP11ON OF SERVICES REQUESTED LOCATE CORNERS AND SHOW IMPROVEMENTS EXHIBIT «B"
7
Council consider a request to extend a specific use permit time limit 12 months to October 5,
2002 for the property at 1955 Dowlen Road
City of Beaumont
Council Agenda Item
TO: City Council
FROM: Stephen J. Bonczek, City Manager
PREPARED BY: Stephen C. Richardson, Planning Manager
MEETING DATE: October 2, 2001
AGENDA MEMO DATE: September 18, 2001
REQUESTED ACTION: Council consider a request to extend a specific use permit time limit
12 months to October 5, 2002 for the property at 1955 Dowlen Road.
RECOMMENDATION
The Administration recommends approval of the request to extend a specific use permit time limit
12 months to October 5, 2002 for the property at 1955 Dowlen Road.
BACKGROUND
City Council granted a specific use permit and a zone change to GC-MD-2 (General Commercial-
Multiple Family Dwelling-2)for a 2.2275 acre tract on October 5, 1999(Ordinance No.99-70). The
specific use permit was for the proposed Beaumont Telco Federal Credit Union building. Carroll
and Blackman, Inc., was representing W. T. "Bill" Little at the time.
Since then the property has been platted as Lot 1, Bell Pointe Addition and contains 2.2378 acres.
Lots 1 and 2,Bell Pointe was filed for record in the Jefferson County Map Records on August 21,
2001. (Lot 1 is addressed at 1955 Dowlen Road). The credit union now owns the property. A
private street has been constructed and the public utilities to the site have been accepted by City
Council. A new median cut in Dowlen Road has also been completed.
The credit union will probably begin actual construction of the 8,000 square foot structure within
the next 90 days, according to Carroll and Blackman, Inc.
BUDGETARY IMPACT
None.
PREVIOUS ACTION
At a joint Public Hearing with City Council held September 17, 2001, the Planning Commission
voted 5-0 to approve the request to extend a specific use permit time limit 12 months to October 5,
2002 for the property at 1955 Dowlen Road.
SUBSEQUENT ACTION
None.
RECOMMENDED BY
Planning Commission,City Manager,Executive Assistant to City Manager/Economic Development
Director and the Planning Manager.
RECOMMENDED MOTION
Approve/Deny a request to extend a specific use permit time limit 12 months to October 5,2002 for
the property at 1955 Dowlen Road.
ORDINANCE NO.
ENTITLED AN ORDINANCE AMENDING ORDINANCE 99-70
BY GRANTING A TWELVE (12)-MONTH TIME EXTENSION
FOR A SPECIFIC USE PERMIT ALLOWING A CREDIT
UNION LOCATED AT 1955 DOWLEN ROAD, BEAUMONT,
JEFFERSON COUNTY, TEXAS.
WHEREAS, the City Council for the City of Beaumont issued a Specific Use Permit
on October 5, 1999, by Ordinance No. 99-70 to allow a credit union in a GC-MD-2
(General Commercial-Multiple Family Dwelling-2) District at 1955 Dowlen Road,
Beaumont, Jefferson County, Texas; and,
WHEREAS, Section 30-26(G) of the Code of Ordinances of the City of Beaumont
provides that a Specific Use Permit shall be valid for a period of two (2) years from the
date of issuance and shall become null and void unless construction or use is substantially
underway during said two (2) year period or unless an extension of time is approved by
the City Council; and,
WHEREAS, Beaumont Telco Federal Credit Union has requested an extension of
time for a period of an additional twelve (12) months to complete the construction of a
credit union; and,
WHEREAS, the City Council is of the opinion that the granting of a twelve (12)
month extension of time for the Specific Use Permit is in the best interest of the City of
Beaumont and its citizens, subject to the hereinafter described conditions;
NOW, THEREFORE, BE IT ORDAINED BY THE
CITY OF BEAUMONT:
Section 1.
That Ordinance 99-70 granting a Specific Use Permit to Carroll and Blackman, Inc.,
representing W. T. "Bill" Little, their legal representatives, successors and assigns for a
credit union in a GC-MD-2 (General Commercial-Multiple Family Dwelling-2) located at
1955 Dowlen Road is hereby extended, to October 5, 2002.
Section 2.
That the Specific Use Permit shall be, in all other respects, subject to all of the
applicable regulations and conditions contained in Ordinance 99-70, as approved by the
City Council of the City of Beaumont on October 5, 1999.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 2nd day of
October, 2001.
- Mayor -
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8
Council consider an amendment to Sections 28-5 and 28-6 of the Code of Ordinances increasing
regular and special transit fares effective November 1, 2001
City of Beaumont
Council Agenda Item
TO: City Council
FROM: Stephen J. Bonczek, City Manager
PREPARED BY: Mark Horelica, Transportation Administrator
MEETING DATE: October 2, 2001
AGENDA MEMO DATE: September 26, 2001
REQUESTED ACTION: Council consider an amendment to Sections 28-5 and 28-6 of the
Code of Ordinances increasing regular and special transit fares
effective November 1, 2001.
RECOMMENDATION
Administration recommends amending Sections 28-5 and 28-6 of the Code of Ordinances
increasing regular and special transit fares.
BACKGROUND
As a part of the FY 2002 Budget, administration recommended the following fare increases:
Type of Fare Existing Fare Proposed Fare
Adult Fare $ 0.75 $ 1.00
(Persons 19 years of age or older)
Reduced Fare $ 0.35 $ 0.50
(Elderly, disabled or persons aged 6
to 18 years)
Adult Monthly Pass $24.00 $30.00
Reduced Monthly Pass $15.00 $20.00
Also, the following fare increases for the Beaumont Transit System's Special Transit Service were
recommended.
Type of Fare Existing Fare Proposed Fare
Transit restricted or transit limited $ 1.50 $ 2.00
persons fare, one-way trip.
Monthly Pass (') 1 $40.00 $60.00
''Clients of Social Service Agencies would not be eligible for monthly pass.
In accordance with federal regulations social service agencies, whose clients are transported may
be charged the fully allocated cost of each trip minus the regular fare. This would result in a
charge to the social service agency of$13.00 per trip.
BUDGETARY IMPACT
The fare increases are anticipated to generate between $300,000 and $340,000 annually.
PREVIOUS ACTION
None.
SUBSEQUENT ACTION
None.
RECOMMENDED BY
City Manager, Public Works Director, City Engineer and Transportation Manager.
RECOMMENDED MOTION
Approve/Deny an amendment to Sections 28-5 and 28-6 of the Code of Ordinances increasing
regular and special transit fares effective November 1, 2001.
AgenTransit Faressk.wpd
09/26/2001
ORDINANCE NO.
ENTITLED AN ORDINANCE AMENDING CHAPTER 28,
SECTIONS 28-5 AND 28-6 OF THE CODE OF ORDINANCES
OF THE CITY OF BEAUMONT TO INCREASE REGULAR
AND SPECIAL TRANSIT FEES AND ADD A RESTRICTION;
PROVIDING FOR SEVERABILITY; PROVIDING FOR
REPEAL AND PROVIDING A PENALTY.
BE IT ORDAINED BY THE CITY OF BEAUMONT:
Section 1.
THAT Chapter 28, Section 28-5 of the Code of Ordinances of the City of Beaumont
be and the same is hereby amended to increase the following fares:
Section 28-5. Bus Fares - Schedule of Regular Fares
Type of Fare Rate of Fare
Adult fare
( persons 19 years of age and older) $ 1.00
Reduced Fare
(Elderly, disabled or persons aged 6 to 18 years) $ 0.50
Adult Monthly Pass $30.00
Reduced Monthly Pass $20.00
Section 2.
THAT Chapter 28, Section 28-6 of the Code of Ordinances of the City of Beaumont
be and the same is hereby amended to increase the following fares and add a restriction::
Section 28-6. Same - Schedule of Special Fares
Type of Fare Rate of Fare
(c) (1) Transit restricted or transit limited persons fare, one-way trip. $ 2.00
Monthly Pass (') $60.00
Clients of Social Service Agencies would not be eligible
for monthly pass.
Section 3.
That if any section, subsection, sentence, clause or phrase of this ordinance, or the
application of same to a particular set of persons or circumstances, should for any reason
be held to be invalid, such invalidity shall not affect the remaining portions of this
ordinance, and to such end the various portions and provisions of this ordinance are
declared to be severable.
Section 4.
All ordinances or parts of ordinances in conflict herewith, including conflicting
portions of the City Budget, are repealed to the extent of the conflict only.
Section 5.
That any person who violates any provision of this ordinance shall, upon conviction,
be punished as provided in Section 1-8 of the Code of Ordinances of the City of
Beaumont, Texas.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 2nd day of
October, 2001.
- Mayor -
. 9
Council consider a request to abandon the most northerly 295 feet of Grove Street
City of Beaumont
......
e Council Agenda Item
�z EL
TO: City Council
FROM: Stephen J. Bonczek, City Manager
PREPARED BY: Stephen C. Richardson, Planning Manager
MEETING DATE: October 2, 2001
AGENDA MEMO DATE: September 18, 2001
REQUESTED ACTION: Council consider a request to abandon the most northerly 295 feet of
Grove Street.
RECOMMENDATION
The Administration recommends approval of the request to abandon the most northerly 295 feet of
Grove Street.
BACKGROUND
ExxonMobil has purchased the 8.9 acre former Carroll Street Park. They plan to construct a new
electrical substation on the northeast part of the tract. This is across the street(Grove) and west of
an existing substation. This section of Grove extends 295 feet south from Grant Street. Grant Street
between Carroll Street and Grove will be temporarily closed during the construction phase.
Information regarding this request was sent to all interested parties. No objections were received.
BUDGETARYIMPACT
None.
PREVIOUS ACTION
At a Regular Meeting held September 17,2001,the Planning Commission voted 5-0 to approve the
request to abandon the most northerly 295 feet of Grove Street.
SUBSEQUENT ACTION
None.
RECOMMENDED BY
Planning Commission,City Manager,Executive Assistant to City Manager/Economic Development
Director and the Planning Manager.
RECOMMENDED MOTION
Approve/Deny a request to abandon the most northerly 295 feet of Grove Street.
ORDINANCE NO.
ENTITLED AN ORDINANCE ABANDONING
THE MOST NORTHERLY 295 FEET OF
GROVE STREET, CITY OF BEAUMONT,
JEFFERSON COUNTY, TEXAS.
BE IT ORDAINED BY THE CITY OF BEAUMONT:
THAT the most northerly 295 feet of Grove Street, being Grove Street from the projection
of the south right-of-way line of Grant Street a distance of 295 feet south along the
centerline of Grove Street, out of the David Brown Survey, Abstract No. 5, containing
0.4053 acres, more or less, Beaumont, Jefferson County, Texas as shown on Exhibits"N'
and "B" attached hereto, be and it is hereby abandoned.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 2nd day of
October, 2001.
r - Mayor -
NORTH
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10
Council consider approving an ordinance providing for Trial In Defendant's Absence On
Defendant's Violation Of Promise To Appear, to be numbered Chapter 8, Section 8-1
City of Beaumont
Council Agenda Item
TO: City Council
FROM: Stephen J. Bonczek, City Manager
PREPARED BY: Lane Nichols, City Attorney
MEETING DATE: October 2, 2001
AGENDA MEMO DATE: September 25, 2001
REQUESTED ACTION: Approve an Ordinance providing for trial in defendant's absence on
defendant's violation of promise to appear, to be numbered Chapter 8, section 8-1.
RECOMMENDATION:
It is recommended that Council approve an ordinance providing for trial in defendant's absence
on defendant's violation of promise to appear.
BACKGROUND:
Municipal Courts have a problem when defendants fail to appear at court. This results in a
backlog of outstanding warrants for traffic tickets. When a traffic citation is issued by an officer,
Texas law provides for a defendant to execute a promise to appear before the court. The citation
establishes a date and time for this appearance. A promise to appear is in lieu of the officer
taking the defendant into custody.
A very high percentage of defendants fail to keep their promise to appear. They do not appear for
the scheduled court date. When the defendant fails to appear on the scheduled date he remains not
guilty until apprehended and brought before the court for trial. No adjudication can be made nor
fine set on the charged traffic violation. A warrant issues for the defendant's arrest but because of
the volume of warrants it may be years before it is served and an arrest made.
An ordinance is needed providing for trial in absentia and the defendant's failure to appear being
considered a waiver of a jury trial.
The proposed ordinance will provide a defendant with due process notice that failure to appear as
promised when the ticket is signed constitutes waiver of a jury trial and a recognition that such
defendant will be tried in absentia. After such trial the defendant will be afforded an additional 15
day period to show cause why he did not appear and to request a re-hearing.
BUDGETARY IMPACT
Enactment of the proposed ordinance will improve collections of fines and fees by Municipal
Court. It will facilitate efficiency in court management, expedite case closure, and improve cash
flow. Cost of implementing the ordinance are negligible
PREVIOUS ACTION
None.
SUBSEQUENT ACTION
None.
RECOMMENDED BY
City Manager and City Attorney.
RECOMMENDED MOTION
Enact/Reject the proposed ordinance providing for trial in defendant's absence on defendant's
violation of promise to appear.
City of Beaumont
REGULAR MEETING OF THE CITY COUNCIL
COUNCIL CHAMBERS OCTOBER 2, 2001 1:30 P.M.
CONSENT AGENDA
* Approval of minutes
Confirmation of committee appointments
A) Authorize a one year contract with the Art Museum of Southeast Texas
B) Authorize a one year contract with the Southeast Texas Arts Council (SETAC)
C) Authorize a one year contract with the Texas Energy Museum
D) Authorize a one year contract with the Beaumont Heritage Society/John Jay French
Museum
E) Authorize agreements for funding from the 2001 Consolidated Grant Program
F) Approve an annual maintenance agreement for IBM equipment
G) Approve an annual maintenance agreement for HTE, Inc. software support
H) Authorize the City Manager to execute a lease agreement for 3670 East Lucas Drive, Unit
No. 1
I) Approve a resolution authorizing the City Manager to execute the Form ROW U-43, the
Three Party Utility Agreement for Southwestern Bell Telephone on the FM 364/Major
Drive Improvement Project
CONSENT AGENDA OCTOBER 2, 2001
x Committee Appointments
A) Authorize a one year contract with the Art Museum of Southeast Texas
The Administration recommends funding the Art Museum of Southeast Texas $185,000 for FY
2002 from Hotel Occupancy Tax and General Funds. The City of Beaumont and the Art Museum
of Southeast Texas entered into a lease agreement on December 30, 1986 whereby the City and Art
Museum agreed to a 99-year lease on the land and building to be used as an art museum. Funds are
available in the FY 2002 budget with $60,000 funded through the Hotel Occupancy Tax Fund and
$125,000 funded with general revenues. A copy of the staff memorandum is attached for your
review.
B) Authorize a one year contract with the Southeast Texas Arts Council (SETAC)
The Administration recommends funding the Southeast Texas Arts Council $119,000 for FY 2002,
with $100,000 funded through the Hotel Occupancy Tax Fund and $19,000 funded with general
revenues. The City is entitled to utilize revenues derived from the hotel-motel occupancy tax to
promote the arts. The City contracts with SETAC to distribute 80% of its contract payment to
organizations like the Young Audiences of America, the Beaumont Civic Ballet and the Symphony
of Southeast Texas. The remaining 20% is used for operating expenses. A copy of the staff
memorandum is attached for your review.
C) Authorize a one year contract with the Texas Energy Museum
The Administration recommends funding the Texas Energy Museum $90,000 for FY 2002 from
Hotel Occupancy Tax Funds. The City is entitled to utilize revenues derived from the hotel
occupancy tax for historic preservation and the promotion of tourism. The Texas Energy Museum
meets the above criteria by highlighting the history, along with current developments, of the oil
industry in the Southeast Texas region. Funds are available in the FY 2002 budget. A copy of the
staff memorandum is attached for your review.
D) Authorize a one year contract with the Beaumont Heritage Society/John Jay French
Museum
The Administration recommends funding the Beaumont Heritage Society/John Jay French Museum
$40,000 for FY 2002 from the Hotel Occupancy Fund. The City is entitled to utilize revenues
derived from the hotel occupancy tax for historic preservation and the promotion of tourism. John
J. French, an early settler in Beaumont, built the Greek Revival home which has been faithfully
restored. The home contains furniture and fixtures from the mid 19'century. Funds are available
in the FY 2002 budget. A copy of the staff memorandum is attached for your review.
E) Authorize agreements for funding from the 2001 Consolidated Grant Program
The Administration recommends that City Council authorize agreements for funding from the 2001
Consolidated Grant Program with the following: Anayat House, Beaumont Habitat for Humanity,
Beaumont Main Street, Beaumont Police Activities League, Briggs-Cannon Community
Empowerment Center, Court Appointed Special Advocates of S. E. Texas (CASA), Girl's Haven,
Henry's Place, Martin Elementary School,Nutrition and Services for Seniors, Salvation Army Boys
& Girls Club, Young Women's Christian Association(YWCA), Schlesinger Healthcare Centers,
The Salvation Army, Charlton-Pollard Community Housing Development Corporation and Family
Services of S. E. Texas. City Council approved the City's One-Year Action Plan on April 10, 2001
which provided funding for the above-named organizations. A copy of the staff memorandum is
attached for your review.
F) Approve an annual maintenance agreement for IBM equipment
The Administration recommends payment of an invoice to International Business Machine
Corporation (IBM) for the renewal of an annual maintenance agreement in the amount of
$57,651.25. The maintenance contract provides service for the mainframe computers (AS/400) and
peripheral equipment located in City Hall and the Police Department. Funds are available in the
Information Services Division's FY 2002 Budget. A copy of the staff memorandum is attached for
your review.
G) Approve an annual maintenance agreement for HTE, Inc. software support
The Administration recommends payment of an invoice in the amount of$40,200 to HTE, Inc. for
software support. The HTE, Inc. software system is used by various city departments. The
software maintenance agreement provides for unlimited telephone support and up to three software
updates during the annual term. Funds are available in the Information Services Division's fiscal
year 2002 budget. A copy of the staff memorandum is attached for your review.
H) Authorize the City Manager to execute a lease agreement for 3670 East Lucas Drive,
Unit No. 1
The Administration recommends authorizing the City Manager to execute a lease agreement for the
Women, Infants and Children's (WIC) offices located at 3670 East Lucas Drive. Since 1995, the
City has leased space for the north end WIC offices from Ms. Mary E. Hyde. The lease agreement
expires on October 31, 2001. The Health Department is very satisfied with the location and desires
to extend the agreement for an additional two years. The monthly fee will be increased by $50 to a
total of$750. Also, included in the proposed agreement is an option to extend the agreement for an
additional two year period. Expenditures for this lease are reimbursed by a State program
sponsored by the Bureau of Nutrition Services. A copy of the staff memorandum is attached for
your review.
I) Authorize the City Manager to execute the Form ROW U43, the Three Party Utility
Agreement for Southwestern Bell Telephone on the FM 364/Major Drive
Improvement Project
The Administration recommends approval of this item. The City of Beaumont, in cooperation with
the Texas Department of Transportation has entered into an agreement to make improvements to
FM 364/Major Drive from Humble Road to IH-10. Part of the agreement is to have any
adjustments that may need to be made by both pipeline and utility companies submitted to the State
for approval prior to authorizing any work to be done. The Form ROW U-43 must be executed by
all parties involved as part of this process. A copy of the staff memorandum is attached for your
review.
A
......
City of Beaumont
Council Agenda Item
K g
TO: City Council
FROM: Stephen J. Bonczek, City Manager
PREPARED BY: Andrea S. Deaton, Budget Officer
MEETING DATE: October 2, 2001
AGENDA MEMO DATE: September 26, 2001
REQUESTED ACTION: Consider authorizing a one year contract with the Art Museum of
Southeast Texas in the amount of$185,000.
RECOMMENDATION
The Administration recommends funding the Art Museum of Southeast Texas (AMSET)
$185,000 for FY 2002 from Hotel Occupancy Tax and General Funds.
BACKGROUND
The City of Beaumont (City) and AMSET entered into a lease agreement on December 30,
1986 whereby the City and AMSET agreed to a 99-year lease on the land and building to be
used as an art museum. The City supports AMSET with annual allocations, assistance with
grounds keeping and garbage removal. In return AMSET is open to the general public and
strives to provide programs and services to the entire community. Approximately 60,000
children and adults participate in Art Museum activities each year. The City is entitled to
utilize a portion of its revenues derived from the hotel-motel occupancy tax to promote the
arts.
BUDGETARYIMPACT
Funds are available in the FY 2002 budget with $60,000 funded through the Hotel Occupancy
Tax Fund and $125,000 funded with general revenues.
PREVIOUS ACTION
None.
SUBSEQUENT ACTION
None.
AMSET
September 26, 2001
Page 2
RECOMMENDED BY: City Manager and Budget Officer.
RECOMMENDED MOTION: Approve/Deny authorizing a one year contract with the
Art Museum of Southeast Texas in the amount of$185,000.
B
City of Beaumont
Council Agenda Item
TO: City Council
FROM: Stephen J. Bonczek, City Manager
PREPARED BY: Andrea S. Deaton, Budget Officer
MEETING DATE: October 2, 2001
AGENDA MEMO DATE: September 26, 2001
REQUESTED ACTION: Consider authorizing a one year contract with the Southeast
Texas Arts Council (SETAC) in the amount of$119,000, with
$100,000 funded through the Hotel Occupancy Tax Fund and
$19,000 funded with general revenues.
RECOMMENDATION
The Administration recommends funding the Southeast Texas Arts Council $119,000 for FY
2002 from the Hotel Occupancy Tax and General Funds.
BACKGROUND
The City is entitled to utilize revenues derived from the hotel-motel occupancy tax to promote
the arts. The City contracts with SETAC to distribute 80% of its contract payment to
organizations like the Young Audiences of America, the Beaumont Civic Ballet and the
Symphony of Southeast Texas. The remaining 20% is used for operating expenses.
BUDGETARY IMPACT
Funds are available in the FY 2002 budget.
PREVIOUS ACTION
None.
SUBSEQUENT ACTION
None.
RECOMMENDED BY: City Manager and Budget Officer.
SETAC
September 26, 2001
Page 2
RECOMMENDED MOTION: Approve/Deny authorizing a one year contract with the
Southeast Texas Arts Council (SETAC) in the amount of$119,000, with $100,000 funded
through the Hotel Occupancy Tax Fund and $19,000 funded with general revenues.
c
...... City of Beaumont
•�• Council Agenda Item
TO: City Council
FROM: Stephen J. Bonczek, City Manager
PREPARED BY: Andrea S. Deaton, Budget Officer
MEETING DATE: October 2, 2001
AGENDA MEMO DATE: September 26, 2001
REQUESTED ACTION: Consider authorizing a one year contract with the Texas
Energy Museum in the amount of$90,000 out of the Hotel
Occupancy Tax Fund.
RECOMMENDATION
The Administration recommends funding the Texas Energy Museum, $90,000 for FY 2002
from Hotel Occupancy Fund.
BACKGROUND
The City is entitled to utilize revenues derived from the hotel-motel occupancy tax for historic
preservation and the promotion of tourism.
The Texas Energy Museum meets the above criteria by highlighting the history, along with
current developments, of the oil industry in the Southeast Texas region.
BUDGETARY IMPACT
Funds are available in the FY 2002 budget.
PREVIOUS ACTION
None.
SUBSEQUENT ACTION
None.
RECOMMENDED BY: City Manager and Budget Officer.
Texas Energy Museum
September 26, 2001
Page 2
RECOMMENDED MOTION: Approve/Deny authorizing a one year contract with the
Texas Energy Museum in the amount of$90,000 out of the Hotel Occupancy Tax Fund.
D
.l
Cit y of Beaumont
•� Council Agenda Item
TO: City Council
FROM: Stephen J. Bonczek, City Manager
PREPARED BY: Andrea S. Deaton, Budget Officer
MEETING DATE: October 2, 2001
AGENDA MEMO DATE: September 26, 2001
REQUESTED ACTION: Consider authorizing a one year contract with the Beaumont
Heritage Society/John Jay French Museum in the amount of
$40,000 out of the Hotel Occupancy Tax Fund.
RECOMMENDATION
The Administration recommends funding the Beaumont Heritage Society/John Jay French
Museum, $40,000 for FY 2002 from the Hotel Occupancy Fund.
BACKGROUND
The City is entitled to utilize revenues derived from the hotel-motel occupancy tax for historic
preservation and the promotion of tourism.
John J. French, an early settler in Beaumont, built the Greek Revival home which has been
faithfully restored; the home contains furniture and fixtures from the mid 19th century.
BUDGETARY IMPACT
Funds are available in the FY 2002 budget.
PREVIOUS ACTION
None.
SUBSEQUENT ACTION
None.
RECOMMENDED BY: City Manager and Budget Officer.
Beaumont Heritage Society
September 26, 2001
Page 2
RECOMMENDED MOTION: Approve/Deny authorizing a one year contract with the
Beaumont Heritage Society/John Jay French Museum in the amount of$40,000 out of the
Hotel Occupancy Tax Fund.
E
Cit y of Beaumont
ML�• Council Agenda Item
TO: City Council
FROM: Stephen J. Bonczek, City Manager
PREPARED BY: Johnny Beatty, Grants Administrat r
MEETING DATE: October 2, 2001
AGENDA MEMO DATE: September 26, 2001
REQUESTED ACTION: Council consider entering into agreements for funding from the 2001
Consolidated Grant Program with Anayat House,Beaumont Habitat
For Humanity, Beaumont Main Street (BUILD), Beaumont Police
Activities League(PAL),Briggs-Cannon Community Empowerment
Center, Court Appointed Special Advocates of S.E. Texas (CASA),
Girl's Haven,Henry's Place,Martin Elementary School,Nutrition and
Services for Seniors, Salvation Army Boys & Girls Club, Young
Women's Christian Association (YWCA), Schlesinger Healthcare
Centers,The Salvation Army,Charhon-Pollard Community Housing
Development Corporation, and Family Services of S.E. Texas.
RECOMMENDATION
The administration recommends that Council enter into agreements for funding from the 2001
Consolidated Grant Program with the above named organizations.
BACKGROUND
Staff held two (2) public hearings, in order to secure comments, proposals and needs assessments
relating to the One-Year Action Plan. All grant applications received were reviewed by the
Community Development Advisory Committee(CDAC),and their recommendations,along with Staff
recommendations, were considered by Council Members during a Council meeting on April 10,
2001. During the same meeting, City Council approved funding the above named programs from
the 2001 Consolidated Grant Program.
BUDGETARY IMPACT
The 2001 Budget of$3,442,000 is comprised of$2,431,000 in Community Development Block Grant
funds,$928,000 in HOME funds and$83,000 in Emergency Shelter Grant funds. The above named
organizations will be funded from CDBG funds, with the exceptions of Henry's Place and The
Salvation Army,which will be funded from the Emergency Shelter Grant,and Family Services of S.E.
Texas, which will be funded from the 1999 Consolidated Grant Program.
PREVIOUS ACTION
City Council approved the City's One-Year Action Plan,Resolution No. 01-097,on April 10,2001,
approving funding from the 2001 Consolidated Grant Program for the above named organizations.
SUBSEQUENT ACTION
None.
RECOMMENDED BY
City Manager, Executive Assistant to City Manager/Economic Development Director, Planning
Manager, Housing Manager and Grants Administrator.
RECOMMENDED MOTION
Approve/Deny entering into agreements for funding from the 2001 Consolidated Grant Program with
Anayat House,Beaumont Habitat For Humanity,Beaumont Main Street(BUILD),Beaumont Police
Activities League (PAL), Briggs-Cannon Community Empowerment Center, Court Appointed
Special Advocates of S.E. Texas(CASA),Girl's Haven,Henry's Place,Martin Elementary School,
Nutrition and Services for Seniors, Salvation Army Boys&Girls Club, Young Women's Christian
Association (YWCA), Schlesinger Healthcare Centers, The Salvation Army, Charlton-Pollard
Community Housing Development Corporation, and Family Services of S.E. Texas.
T 1r K
S E rF I E
b F!
'U
R5 T-I'MM,
ublic So?%r.es Requests C411MMI
1 Anayat House, Inc- 4,783.00 4,783-00 4,783.00 4,783.00
2 Beaumont Police Activities League 23,000.00 23,00000 22,268.00 22,268.00
3 Briggs-Cannon Community Empowerment Center 10,000.00 10,000.00 10,000.00 10,000.00
4 Court Appointed Special Advocates. of S. E. Texas 3,680.00 3.680.00 3,680.00 3,680.00
5 Family Services of S. E. Texas 300,000.00 50,000.00
6 French Elementary School 93,000.00 7.
7 Girl's Haven 52,595.00 — 4,595.00 4,595.00
-- --------------
8 Institute for Educational Advancement 98,520.00 71,363.00
9 Mar-tin Elementary School 11,824.00 11,824.00 8,124.00 81124.00
10 Georgia Morris 300,000.00
11 Nutrition and Services for Seniors 15,250.00 15,250.00 15,250.00 15,250.00
12 Our Lady of Assumption Church 12,900.00
1- Salvation Army Boys& Girls Club 11.050.00 11,050.00 11.,050.00 11,050.00
14 Schlesinger 12250,00 12,250.00 12.250.00 12,250.00
15 South East Texas Community Dev Corp 175.000.00
16 Thag Johnson's Dance Studio of Performing Arts 41,900.00 41,900.00
17 Thug Johnson's Dance Studio of Performing Arts 61.500.00
18 Tyrrell House Assisted Living Center 100,000,00
19 Young Women's Christian Association 8,00000 8,000.00 8,000.00 8,000.00
TOTAL PUBLIC SERVICES 1,335,262.00 263,100.00 100,000.00 100,000.00
Emertienr_y Shcfter Re-quests
20 Salvation Army 60.000,00 60,000.00 60,000.00 60,000.00
21 Some Other Place/Henry's Place 2.3,000.00 23,000.00 23,000.00 23,000.00
TOTAL EMERGENCY SHELTER 83,000.00 83,000.00 83,000.00 83,000.00
Today, Mayor Moore said the objective of Council is the remaining $30,000 and each
member is entitled to make recommendations.
Councilmember Ames requested Council continue with approval for items previously
discussed and allow time to review the remainder of the applications for future
recommendations.
Mayor Pro Tem Goodson continued discussion by stating he would like the Institute for
Educational Advancement to receive funding consideration, even though it is a
programmatic request and a departure from usual approval. He restated his views of bad
experiences with programmatic funding by applicants continually applying and effectively
using funds for salaries. However, Mayor Pro Tem Goodson stated that the Institute for
Educational Advancement appears to be a start-up program, and they expect to have
matching funds, and, if successful,they should be able to self-start and continue.
Mayor Moore recommended moving forward with a motion to place $100,000 in public
service, $73,656 into minor repair, and after further review, decide where to allocate the
remaining $30,000.
Councilmember Ames moved to allocate $50,000 of the 1999 reprogrammed Public
Services funds to Family Services for emergency shelter services and $20,000 to Girl's
Haven for playground equipment. Mayor Pro Tem Goodson seconded the motion.
MOTION PASSED.
Ayes: Mayor Moore, Mayor Pro Tem Goodson, Councilmembers Smith,
Cokinos,Ames, Samuel, and Patterson
Noes: None
Councilmember Ames confirmed with Grants Administrator Johnny Beatty that the new
program for juvenile delinquency through the Institute for Educational Advancement
application is primarily programmatic,but if there is a portion that is not, that Council could
specify funds be used for items that are not programmatic.
Mayor Moore added that in all fairness there was another program presented for children
in Martin Elementary School and requested it receive the same review, in an effort to be
consistent. He suggested staff consult with Councilmembers to determine how to best
utilize the funds efficiently. Mayor Moore stated that Council has taken appropriate action
on everything except the $30,000 and recommended bringing the issue back in a final
state when Council has had adequate time for review and are ready to take action.
Councilmember Ames requested the Grant Administrator confer with Martin Elementary
School and the Institute for Educational Advancement applicants to determine aspects
that would qualify as non-programmatic.
Mayor Moore interjected that the review should extend to all applicants so that Council
may be as fair as possible. He requested that the City Manager and staff monitor the
review with Council and bring the item back when the review is complete.
Minutes April 10,2001 Page 6
City of Beaumont
•�• Council Agenda Item
M � K g
TO: City Council
FROM: Stephen J. Bonczek, City Manager
PREPARED BY: Kirby Richard, Central Services Director
MEETING DATE: October 2, 2001
AGENDA MEMO DATE: September 6, 2001
REQUESTED ACTION: Council approval to purchase an annual maintenance agreement for
International Business Machine equipment.
RECOMMENDATION
Administration recommends payment of an invoice to International Business Machine Corporation
(IBM) for the renewal of an annual maintenance agreement in the amount of$57,651.25.
BACKGROUND
The maintenance contract provides service for the mainframe computers (AS/400) and peripheral
equipment located in City Hall and the Police Department.
Competitive bids are not required because parts used to repair these units are captive replacement
parts available only from one source. State law provides for the exemption of competitive bids when
captive replacement parts can be purchased from only one source.
IBM will maintain 122 pieces of equipment that include display stations,magnetic tape units,printers,
remote location controllers,modems,local control units,token ring equipment,processors,scanners,
and disk drives.
IBM furnishes 24 hours, 7 days a week service on the equipment and provides replacement parts on
the processors. In addition, IBM replaces outdated peripheral equipment with new equipment when
repairs are needed.
Annual Maintenance Agreement for IBM Hardware
September 6, 2001
Page 2
This agreement excludes the maintenance of micro computers, small micro AS/400 printers, and
laptop computers.
The agreement is for an annual period beginning October 1, 2001 and ending September 30, 2002.
Last year, the annual maintenance agreement was $67,114.70 for 198 pieces of IBM equipment.
The decrease can be attributed to the removal of antiquated equipment that would cost less to
replace than maintain.
BUDGETARY IMPACT
Funds are available in the Information Services Division's fiscal year 2002 budget.
PREVIOUS ACTION
None
SUBSEQUENT ACTION
None
RECOMMENDED BY
City Manager and Central Services Director.
RECOMMENDED MOTION
Approve/Deny renewal of an annual hardware maintenance agreement with International Business
Machines in the amount of $57,651.25.
G
City of Beaumont
•�• Council Agenda Item
TO: City Council
FROM: Stephen J. Bonczek, City Manager
PREPARED BY: Kirby Richard, Central Services Director
MEETING DATE: October 2, 2001
AGENDA MEMO DATE: September 27, 2001
REQUESTED ACTION: Council approval of a resolution to purchase an annual maintenance
agreement for HTE, Inc. software support.
RECOMMENDATION
Administration recommends payment of an invoice in the amount of $40,200 to HTE, Inc. for
software support.
BACKGROUND
HTE, Inc. software system is used by various city departments. The software maintenance
agreement provides for unlimited telephone support and up to three (3) software updates during
the annual term.
This purchase is exempt from competitive bidding since it is available from only one (1) source
having exclusive rights to modify and maintain the software.
The maintenance agreement includes service for the following thirteen(13) software applications:
SOFTWARE APPLICATION CONTRACT AMOUNT
Building Codes / Building Permits $ 4,950
EMS / Billing $ 4,600
Finance / Accounts Receivable $ 2,250
Annual Agreement for HTE Software Support
September 27, 2001
Page 2
SOFTWARE APPLICATION CONTRACT AMOUNT
Finance / Asset Management $ 2,700
Finance / Cash Receipts $1,900
Finance / GMBA Accounting System $ 6,000
Finance / Loan Module $ 1,200
Finance / Occupational Licenses $ 2,050
Human Resources / Applicant Tracking $ 2,250
Imaging / Document Management Services $ 900
Payroll / Personnel $ 4,950
Public Works / Land Management $ 1,550
Purchasing / Inventory $ 4,900
TOTAL $ 40,200
Last year, twelve (12) applications were maintained at a cost of$35,385.
BUDGETARY IMPACT
Funds are available in the Information Services Division's fiscal year 2002 budget.
PREVIOUS ACTION
None
SUBSEQUENT ACTION
None
RECOMMENDED BY:
City Manager and Central Services Director.
RECOMMENDED MOTION:
Approve/Deny renewal of an annual contract for software support to HTE, Inc. in the amount of
$40,200.
H
1175 Cit y of Beaumont
qw_
Council Agenda Item
TO: City Council
FROM: Stephen J. Bonczek, City Manager
PREPARED BY: Kirby Richard, Central Services Director
MEETING DATE: October 2, 2001
AGENDA MEMO DATE: September 24, 2001
REQUESTED ACTION: Council consideration to authorize the City Manager to execute a
lease agreement for 3670 East Lucas Drive, Unit No. 1.
RECOMMENDATION
Administration recommends authorizing the City Manager to execute a lease agreement for the
Women, Infants and Children's (WIC) offices located at 3670 East Lucas Drive.
BACKGROUND
Since 1995, the City has leased space for the north end WIC offices from Ms. Mary E. Hyde.
The property is located in a small shopping center on East Lucas Drive, near the intersection of
Helbig Road. The lease agreement expires on October 31, 2001. However, the Health
Department is very satisfied with this location and desires to extend the agreement to retain use
of the facility. This location is accessible and suitable for their client's needs.
The attached agreement extends the existing lease under the same terms and conditions as the
previous agreement, except for the rental fee amount, for an additional two (2) year term. The
owner has requested that the monthly fee be increased by $50 to a total of$750. This is due to
increases in the City's tax rate and the inflated cost of maintenance. Also included in the
proposed agreement is an option to extend the agreement for an additional two (2) year period.
All utilities and custodial costs associated with the 1,500 square foot facility are the responsibility
of the City. Building and parking lot maintenance is provided by the owner.
Renewal of Lease Agreement for WIC Office Space
September 24, 2001
Page 2
BUDGETARY IMPACT
Expenditures for this lease are reimbursed by a State program sponsored by the Bureau of
Nutrition Services.
PREVIOUS ACTION
None.
SUBSEQUENT ACTION
None.
RECOMMENDED BY
City Manager, Central Services Director and Public Health Director.
RECOMMENDED ACTION
Approve/Deny authorizing the City Manager to execute a two (2) year lease agreement with Ms.
Mary E. Hyde for WIC offices located at 3670 East Lucas Drive with monthly rental payments in
the amount of$750.
STATE OF TEXAS §
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF JEFFERSON §
LEASE AGREEMENT
THIS AGREEMENT is made and entered into by and between Mary Elizabeth Hyde,hereinafter
called"LESSOR,"and the City of Beaumont,hereinafter called"LESSEE."
LESSOR and LESSEE, for and in consideration of the rents, covenants and agreements herein
contained,mutually covenant and agree as follows:
1. LEASED PREMISES
1.1 LESSOR does by these presents Lease and Demise unto the said LESSEE the following
described property,to-wit:Lying and being situated in the City of Beaumont and County of Jefferson State
of Texas, and being one bay unit, approximately 30 feet by 50 feet in the metal building fronting on East
Lucas Drive,Beaumont,Texas,having an address of 3670 East Lucas Drive,and being identified as Unit 1
of said commercial rental property.
2. TERM OF LEASE
2.1 The initial term of this lease shall be two(2)years,beginning the 1 st day of November 2001,
and ending the 31 st day October 2003,to be occupied as a site to serve Women,Infants and Children(WIC)
clients.
2.2 LESSEE may elect to extend the initial term of this lease agreement for an additional two-
year term,beginning the 1 st day ofNovember 2003 and ending the 31 st day of October 2005,under the same
terms and conditions as the initial term.
3. RENT
3.1 LESSEE agrees to pay as rental for the use and occupancy of the leased premises the sum
of Seven Hundred Fifty Dollars($750.00), payable in advance on or before November 1,2001,thereafter
payable Seven Hundred Fifty Dollars($750.00)per month,in advance, beginning December 1,2001, and
a like amount on the first day of each succeeding month,including the first day of October,2003,when the
last installment shall be due and payable.
4. MONTH-TO-MONTH RENTAL
4.1 It is agreed and understood that any holding over by the LESSEE of the hereby leased
premises after the expiration of this lease, or any extension thereof, shall operate and be construed as a
tenancy from month-to-month at a rental of Seven Hundred Dollars ($700.00)per month.
5. MAINTENANCE OF PROPERTY
5.1 That the LESSEE shall take good care of the property and its fixtures,and suffer no waste;
be responsible for the removal of plumbing obstructions caused in association with operations in leased
premises, and provide all janitorial services needed for the interior of the leased premises, during the term
of this lease.
5.2 LESSEE agrees to accept possession of the premises in their present condition and to allow
for changes in such condition occurring by reasonable deterioration between the date hereof and the date
LESSEE occupies said premises; that no improvements or alterations shall be made in or to the hereby
demised premises without the consent of the LESSOR in writing.
5.3 All alterations,additions and improvements,except trade fixtures,put in at the expense of
LESSEE shall be the property of the LESSOR and shall remain upon and be surrendered with the premises
as a part thereof at the termination of this lease.
5.4 At the end or other expiration of the term or extension thereof,LESSEE shall deliver up the
demised premises in good order and condition,natural deterioration and damage by fire and the elements only
excepted.
5.5 LESSOR agrees to repair and maintain the existing lighting in the parking area in front of
-2 -
the leased premises.
5.6 LESSOR shall also replace or repair damages to the exterior of the structure, including
windows and doors.
6. SIGNS
6.1 The LESSEE shall not place any signs at,on,or about the premises except as and where
first approved by the LESSOR; and the LESSOR shall have the right to remove any sign or signs in order
to paint the building or premises or make any other repairs or alterations. Any existing signs shall be
removed prior to LESSEE'S occupancy.
7. UTILITY COSTS
7.1 LESSEE shall provide and pay for all telephone expense and utility costs associated with the
interior space.
7.2 LESSOR shall provide and pay for all utility costs associated with the exterior of the
premises.
8. DAMAGE BY FIRE
8.1 That LESSEE shall, in case of fire, give immediate notice to the LESSOR, who shall
thereupon cause the damage to be repaired forthwith; but if the premises be, by the LESSOR, deemed so
damaged as to be unfit for occupancy,or if the LESSOR shall decide to rebuild or remodel the said building,
the lease shall cease, and the rent be paid to the time of the fire.
9. SUBLEASES
9.1 That the LESSEE shall not assign this agreement or underlet the premises,or any part
thereof(except as may be mentioned herein) or make any alterations in the building (except as may be
mentioned herein)without the consent of the LESSOR in writing,or occupy or permit or suffer the same to
be occupied for any business or purpose deemed extra hazardous on account of fire.
- 3 -
10. COMPLIANCE WITH LAWS
10.1 LESSEE shall conduct its operations in the lease premises in compliance with all State,
federal and local laws and regulations. Additionally, LESSEE will not create or maintain any nuisance in
or upon the lease premises.
11. FORFEIT OF LEASE
11.1 That in case of default in any of the covenants herein, LESSOR may enforce the
performance of this lease in any modes provided by law, and this lease may be forfeited at LESSOR'S
discretion if such default continue for a period of ten(10)days after LESSOR notifies said LESSEE of such
default and his intention to declare the lease forfeited, such notice to be sent by the LESSOR by certified
mail;and thereupon(unless the LESSEE shall have completely removed or cured said default)the lease shall
cease and come to an end as if that were the day originally fixed herein for the expiration of the term hereof.
11.2 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, and without prejudice to any remedies for arrears of rent or breach of covenant, or
LESSOR'S agent or attorney may resume possession of the premises and re-let the same for the remainder
of the term at the best rent said agent or attorney may obtain for account of the LESSEE, who shall make
good any deficiency.
11.3 The LESSOR shall have a lien as security for the rent aforesaid upon all the goods,wares,
chattels,implements,fixtures,furniture,tools,and other personal property which may be put on the demised
premises.
12. BANKRUPTCY
12.1 In the event that the LESSEE shall become bankrupt or shall make a voluntary assignment,
for the benefit of creditors, or in the event that a receiver of the LESSEE shall be appointed, then, at the
option of the LESSOR and upon thirty(30)days notice to the LESSEE of the exercise of such option,this
-4-
lease shall cease and come to an end.
13. ADDRESSES OF LESSEE AND LESSOR
13.1 For purposes of payment of rent and notification, the following addresses shall be used
unless changed in writing:
LESSOR: Mary Elizabeth Hyde
25 Highland Park Village, Suite 100, #235
Dallas,TX 75205
LESSEE: City of Beaumont
Central Services
P. O. Box 3827
Beaumont,TX 77704-3827
EXECUTED this day of 92001.
LESSOR:
By:
Mary Elizabeth Hyde
Owner
LESSEE:
By:
Stephen J. Bonczek, City Manager
The City of Beaumont
- 5 -
City of Beaumont
Council Agenda Item
M ° c g
TO: City Council
FROM: Stephen J. Bonczek, City Manager
PREPARED BY: Joris P. Colbert, City Engineer
MEETING DATE: October 2, 2001
AGENDA MEMO DATE: September 26, 2001
REQUESTED ACTION: Council approval of a resolution authorizing the City Manager to
execute the Form ROW U-43, the Three Party Utility Agreement
for Southwestern Bell Telephone on the FM 364/Major Drive
Improvement Project.
RECOMMENDATION
Administration recommends City Manager be authorized to execute Form ROW U-43.
BACKGROUND
The City of Beaumont, in cooperation with the Texas Department of Transportation has entered
into an agreement to make improvements to FM 364/Major Drive from Humble Road to I1-1-10.
Part of this agreement is to have any adjustments that may need to be made by both pipeline and
utility companies submitted to the State for approval prior to authorizing any work to be done.
The Form ROW U-43 must be executed by all parties involved as part of this process.
BUDGETARYIMPACT
None.
PREVIOUS ACTION
None.
SUBSEQUENT ACTION
None.
RECOMMENDED BY
City Manager, Public Works Director, and City Engineer.
RECOMMENDED MOTION
Approve/Deny authorizing the City Manager to execute the Form ROW U-43, the Three Party
Utility Agreement for Southwestern Bell Telephone on the FM 364/Major Drive Improvement
Project.
AgenROW sk.wpd
09/26/2001
r nww.d.
Form ROW-U43
7/2000
(Replaces Form D-1543)
(Electronic version GSD-EPC Word 97)
Page 1 of 2
THREE PARTY UTILITY AGREEMENT
Agreement No. A t-,F0 2 6
County:Jefferson ROW CSJ No.: 786-01-064
Federal Project No.: Highway No.: FM 364
Contract No.: Account No.: 9120-00-001
This Agreement by and between the St?te of Texas,acting by and through the TexaS Trar.spoi-+ation Commission,hereinafter
called the State,and The City of Beaumont ,Texas,acting by and through its duly authorized official under Ordinance
No.: 92-192 dated the 28th day of July , 1992 ,hereinafter called the City, and Southwestern Bell Telephone , acting
by and through its duly authorized representative,hereinafter called the Owner,shall be effective on the date of approval and
execution by the State.
WHEREAS, it has been determined necessary to make certain highway improvements in the State Highway System as
designated by the State and generally described as follows: County Jefferson , Highway FM 364 , located from SH 105;
To SH 124 ; and,
WHEREAS,the State and the City have previous to this date entered into a contractual agreement,agreeing to handle by
separate agreement the adjustment,removal or relocation of certain utility facilities necessitated as a result of highway
improvements on the hereinabove designated project on the basis of an 80/20 State to City funding/participation ratio with
the 80%State portion being in fact federal funds in which the State acts as steward; and,
WHEREAS,the State as steward,and the City will participate in the costs of relocating and adjusting certain facilities of
the Owner to the extent as may be eligible for State participation under Transportation Code,Title 6,Chap. 203, Sec.
203.092;and,
WHEREAS,the Owner, in Affidavit,Form D-15-U],dated September 23, 1999 ,has asserted an interest in certain lands
and that this proposed highway improvement will necessitate the adjustment,removal or relocation of certain facilities of the
Owner now located upon such lands as indicated in the following statement of work:
and
WHEREAS,the State will administer federal funds in payment of the costs incurred in the adjusting of Owner's facilities
under provisions of Title 23 Code of Federal Regulations, Part 645;and,
WHEREAS,the State and the City desire to accomplish the adjustment,removal or relocation of the Owner's utility
facilities by entering into an agreement with the Owner and such work is shown in more detail in Owner's preliminary
plans,specifications and cost estimates which are attached hereto and made a part hereof,and which are prepared in the form
and manner required by Title 23 Code of Federal Regulations, Part 645 and;
WHEREAS,the State,City,and Owner wish to document their agreement for the effectuation of these terms,
NOW,THEREFORE,BE IT MUTUALLY AGREED:
The City will pay to the Owner the costs incurred in relocating and adjusting Owner's facilities up to the amount said costs
may be eligible for state and federal cost participation with the State then reimbursing the City.
The Owner has determined that the method to be used in developing the relocation or adjustment costs shall be as specified
for the method checked and described hereafter:
_(I)Actual direct and related indirect costs accumulated in accordance with a work order accounting procedure prescribed
by the applicable federal or state regulatory body.
X (2)Actual direct and related indirect costs accumulated in accordance with an established accounting procedure
developed by the Owner and approved by the State.
_(3)An agreed lump sum of S ,as supported by the detailed itemization of estimated costs attached hereto.
Upon execution of this agreement by the parties hereto the City will, by written notice, authorize the Owner to proceed with
the necessary adjustment,removal or relocation,and the Owner agrees to prosecute such work diligently in accordance with
the plans attached hereto,to completion in such manner as will not result in avoidable interference or delay in either the
State's highway construction or in the said work. Such authorization to proceed shall constitute notice on the part of the
State that the utility relocation has been included in an approved program as an item of right of way acquisition,that a
project agreement which includes the work has or will be executed,and that the utility relocation or adjustment will be
required by the final approved project agreement and plans.
If costs are developed under procedure(1)or(2)as before specified, upon satisfactory completion of the relocation or
adjustment and upon receipt of a final billing from the Owner prepared in form and manner as prescribed by Title 23 Code
of Federal Regulations Part 645 and after the required audit,the City will pay to the Owner the full amount of costs found
eligible by said audit and the costs paid by the City pursuant to this agreement shall be full compensation to the Owner for
the costs incurred in making such adjustment,removal or relocation. Bills for work contemplated herein shall be submitted to
the City not later than ninety(90)days after completion of the work. The State will reimburse the City in an amount equal
to eighty(80%)percent of the payment to the Owner by the City upon receipt of evidence and certificate that payment in
this amount has been made to the Owner. The City agrees that if requested by the Owner,it will pay ninety(90%)percent
of the total billed costs to the Owner upon receipt of Owner's final bill resulting in a ten(10%)percent retainage pending
audit results. The City may elect to request its eighty(80%)percent reimbursement from the State if this option is elected.
And,accordingly,upon conclusion of the audit and settlement of its findings all remaining retainage is to be promptly paid
the Owner by the City and the City agrees to promptly request final reimbursement from the State.
If costs are developed under procedure(3)as before specified,the City will,upon satisfactory completion of the relocation
and adjustment by the Owner and upon receipt of a billing prepared in acceptable form,make payment to Owner in the
agreed to amount.And as before,the City may then claim eighty(80%)reimbursement from the State. In this instance,no
audit shall be required prior to payment.
Form D-15-48 enclosed with Owner's preliminary estimate attached to this agreement, is approved as complying with Title
23,Code of Federal Regulations, Part 645, Sec.645.115 and Owner is authorized,but not required,to contract such work.
The preliminary estimate will indicate the extent to which work is to be performed under each contract. Other work shall be
contracted by Owner only with approval of the State in accordance with Title 23,Code of Federal Regulations,Part 645.
In the event it is determined that a substantial change from the statement of work contained in this agreement is required,
reimbursement therefor shall be limited to costs covered by a modification of this agreement or a written change or extra
work order approved by the State.
It is expressly understood that this agreement is subject to cancellation by the State at any time up to the date that work
under this agreement has been authorized and that such cancellation will not create any liability on the part of the State.
The Owner by execution of this agreement does not waive any of the rights which Owner may legally have within the limits
of the law.
City of Beaumont ,Texas EXECUTION RECOMMENDED:
Dy.
District Engineer,Texas Department of Transportation
City Manager, Stephen J. Bonczek Beaumont District
ATTEST:
THE STATE OF TEXAS
Certified as being executed for the purpose and effect of
activating and/or carrying out the orders,established policies,
or wort:programs heretofore approved and authorized by the
Owner: Texas Transportation Commission
By:
By: Director,Right of Way Division
Title: t+.g �1g1, -EA)S Date:
Date: 720,8 j