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PACKET JULY 27 2004
t1:jLjK �Cityof Beaumont REGULAR MEETING`OF THE CITY COUNCIL COUNCIL CHAMBERS JULY 27,2004 1:30 P.M. CONSENT AGENDA Approval of minutes Confirmation of committee appointments Marilyn Hebert would be reappointed.as Chairman<of the Drug°Free Beaumont.Commission. The current term would expire.July 261':.2005 (Mayor Evelyn M. Lord) Wanda Grimes would be reappointed i as Vice Chairman of the Drug Free Beaumont Commission_ The current term would expire July 26;2005. (Mayor Evelyn M. Lord) John Williams would be reappointed°to:the_Drug Free Beaumont Commission. The.current term would expire April 22, 2006.. (Councilmember Becky Ames) Marie Easley would be reappointed to the Drug Free Beaumont-:Commission. The.current.term would expire February 15,2006.'(Councilmember Andrew P. Cokinos) Lillie Green would be reappointedtothe Drug;Free Beaumont Commission. The current term would expire March 23,2006. (Councilmember Andrew P. Cokinos) Wanda Grimes would be reappointed�to:the;Drug Free.°Beaumont Commission The.current.term would expire February l5,2006,-.(Councilmember Lului Smith) Karen Neild would be reappointed to.ithe Drug.free.Beaumont.Commission. The currentterm would expire July 24, 2006. (Councilmember Becky Ames) Michelle B. Leday would he reappointed-.to<.the'Drpg Free Beaumont.Comn fission. They current term would expire February 15';2006. (C.ouneilmember°;NancyBeaulieu) Joyce Lombard.would be reappointed to the,Drug:Free-Beaumont Commission. The current.term would expire February l5;'.2006.'.'(Councilmember-1'dancy Beaulieu) James Martin would be reappointed to the Drug Free Beaumont Commission. The current term would expire May 8,.2006. (Councilmember Audwin.Samuel) James `Bubba"Martin would be reappointed to the Drug Free Beaumont Commission. The current term would expire February 15, 2006. (Councilmember Audwin Samuel) Judy Cornelius would be appointed to the Drug Free Beaumont Commission. The term would commence July 27,2004 and expire July 26, 2006. (Councilmember Becky Ames) Birdie Harrison would be appointed to the Drug Free Beaumont Commission. The term would commence July 27, 2004 and expire July 26, 2006. (Councilmember Lulu Smith) Gloria Norton would be appointed to the Drug Free Beaumont Commission. The term would commence July 27,2004 and expire July 26,2006. (Councilmember Andrew P. Cokinos) Jean Bryant would be appointed to the Drug Free Beaumont Commission. The term would commence July 27, 2004 and expire July 26, 2006. (Councilmember Andrew P. Cokinos) A) Authorize the acquisition of property adjacent to the Fire Memorial Plaza and Walkway and across from the Fire Museum on Walnut Street B) Authorize the acceptance of a twenty foot(20')wide sanitary sewer easement off Fannett Road(State Highway 124)for the placement of a new sanitary sewer line C) Authorize the acceptance of a General Utility Easement to provide access for fire prevention services V~ Cit y of Beaumont 11 721 Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Joris P. Colbert, City Engineer MEETING DATE: July 27, 2004 AGENDA MEMO DATE: July 19, 2004 REQUESTED ACTION: Council consider a resolution authorizing the acquisition of property adjacent to the Fire Memorial Plaza and Walkway and across from the Fire Museum on Walnut Street. RECOMMENDATION The owner of the property listed below has agreed to accept the appraised value for his property for the expansion of the Fire Museum on Walnut Street: North 47' x 70' Tract 3 [3,290 square feet] out of Lots 715 and 716, Block 32, Beaumont Addition - (411 Walnut Street) Appraiser: Hall & Hall Real Estate Appraisers, Inc. Total Appraised Value: $23,000 Owner: Schlett Enterprises, Inc. [James W. Schlett, Owner] Administration recommends authorization to acquire this property. BACKGROUND None. BUDGETARY IMPACT This project is funded under the Capital Reserve Program. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager, Public Works Director and City Engineer. engschlett_fire-ib.wpd My 19,2004 SUBJECT ACQUISITION I IA y� LUL IS[ GLo DY x V L Z MI LE IL E AS LE OUT OF H RR S0 °z N 47' X 70' TRACT S, LOTS 715, H ZE 716, BLOCK 92 BEAUMONT > TH ' ADDITION 3 M FA DI g < El AB T Q q F ¢ Z Q Li w w w RRY Y J Z t Z v (411 WALNUT STREET) G ti� A OWNER: �9ti y 9 S SCHLETT ENTERPRISES, INC. c � 9 LNCATIEN MAP LEGEND N.T.S. T� SUBJECT PROPERTY i f/9 ~s aw o 701 EL/Z AB H ms z; /24 120 12G Ilea T��%20 loo 24 Tlt Tlf - $94 09 32 TI/ 4► 695 30 698 00 70' v 43, � tt - a, 43 � i98 t 65D' ct 696 714 fl I 4&B Rr 4 a � tF 26 "20 y W N,T,S, B City of Beaumont •�• Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Joris P. Colbert, City Engineer MEETING DATE: July 27, 2004 AGENDA MEMO DATE: July 19, 2004 REQUESTED ACTION: Council consider a resolution authorizing the acceptance of a twenty foot (20') wide sanitary sewer easement off Fannett Road (State Highway 124) for the placement of a new sanitary sewer line. RECOMMENDATION Hibernia National Bank - Beaumont Location has agreed to convey a twenty foot (20') wide sanitary sewer easement to the City of Beaumont on property described as being out of the J. W. Bullock League, Abstract No. 7, Jefferson County, Texas. The easement is adjacent to an existing ten foot (10') sanitary sewer easement. Administration recommends acceptance of the easement. BACKGROUND None. BUDGETARY IMPACT None. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager, Public Works Director and City Engineer. \engfannett-rd hibemia-ib.wpd 19 July,2004 SUBJECT 20' SANITARY SEWER EASEMENT �`� - f OUT Of J.W. BULLOCK LEAGUE ABSTRACT T y 4 Vk. H 3 w (FANNETT ROAD) L Tr..tn.r,t IfV N°nt RmE7PTS OWNER: HIBERNIA NATIONAL BANK— tia�p BEAUMONT LOCATION Qhat �A B LOCATION MAP LEGEND N.T.S. SUBJECT PROPERTY f�77/ I II / \FNO.2"PFE I II (.,BVDpED Rdt. CONCRETE PARKING I I 1O1"'19"G 1n T_ I I _ BLOCK 14 _ — BLOCK 17 I II 111 I I� a ByocK n4�a 62.67 KISS- TRACT 6-8 • z i I I VOLUME 688.PAGE 568 p I O.R.OF J.C.,T. JTaj I I � � .� I I I 91y ifl T. c � — - — — — — g ,.lze.cTESs DO ri N.T.S. City of Beaumont �• Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Joris P. Colbert, City Engineer MEETING DATE: July 27, 2004 AGENDA MEMO DATE: July 19, 2004 REQUESTED ACTION: Council consider a resolution authorizing the acceptance of a General Utility Easement to provide access for fire prevention services. RECOMMENDATION Ingraham Family Limited Partnership has agreed to convey a ten foot (10') wide General Utility Easement to the City of Beaumont. The easement, described as being a 0.0860 acre tract out of Block 18 of the Treadwell and Hansen Subdivision, is located off State Highway 124 [Fannett Road] and is adjacent to an existing ten foot (10') sanitary sewer easement. Administration recommends acceptance of the easement. BACKGROUND The easement is to be used to provide access to the water lines and fire hydrants for the property named above and would allow for the construction, alteration, operation and maintenance of the said water lines and appurtenances. BUDGETARY IMPACT None. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager, Public Works Director and City Engineer. fire_ingraham-ib.wpd 19 July 2004 SUBJECT 10' GENERAL UTILITY EASEMENT g E • C «! F T! F� XV � s � OUT OF 28 TREADWELL AND HANSEN _ •� ®© SUBDIVISION r 9 cARs � AP1yE pP 4. Cq i F 124 (HWY 124/FANNETT ROAD) ps 1n� Treate�ent �TL�fPicnt L Cqf r w OWNER= s� ors INGRAHAM FAMILY LIMITED H;gPbr PARTNERSHIP �°➢S \ ah Sq� ETICRAE➢ g9ef dt f 99 P LOCATION MAP LEGEND N.T.S. SUBJECT PROPERTY 538/ i `l5 yrz3� �56 / �RED.2-PIPE CONCRETE PARKING ± I on.or�_C_ BLOCK 14 BLOCK 17 if <o� 13 IyN «LL a '82,67 ACRES- TRACT 6-6 N VJLWE 669.PAGE 569 n0 f D.R.OF J.C..T 0'I II �t J l � II Dt�`S10 I—I� ( 1RL1E 9'11 P/GE,56 gEPDWELLA�o - - - - - - - ,zR ACRES • Lj — — — — — — P 5 0 w r - o Llw4jm City o`f Beaumont REGULAR;MEETING OF THE,CITY COUNCIL COUNCIL:CHAMBERS JULY 27,2004 1:30 P.M. AGENDA CALL TO ORDER .°Invocation Pledge Roll Call °Presentations andRecognition Public Comment: Persons may speak on scheduled.agenda items_5--6/Consent Agenda Consent Agenda GENERAL BUSINESS 1. Consider approving a,-specific use permit to allow church related activities in an RM-H(Residential:Multiple Family Dwelling-Highest Density),District at 6515 Highway 105 2. Consider amending Section30=24:(B),Permitted Ilse Table,Radio,.Television, Microwave and-Cellular Telephone.Transmission•Towers of the.City's;Zoning Ordinance 3. Consider-approy ng;a specificuse permit to,allow!a`-financial advisor's office in an RM H•.(Residential:1VlultipleFamily.Dwelling-Highest Density)District at 2175 Dowlen Road 4. Consider.amending-Section,30-28-(d), Advertising Signs of the City's Zoning Ordinance 5. Consider approving:a contract,for,furnishing janitorial services 6. `Consider zpproving.a.thirty(30)yearzlease;agreement.of the-Beaumont Fire °``COMMENTS * Councilmembers/City I Manager=comment on various matters Public Comment(Persons re limited to 3 minutes) EXECUTIVE SESSION * Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code: Douglas Manning, et al v City of Beaumont Claim of Donna Manning Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact Pat Buehrle at 880-3725 a day prior to the meeting. 1 July 27,2004 Consider approving a specific use permit to allow church related activities in an RM-H (Residential Multiple Family Dwelling-Highest Density) District at 6515 Highway 105 City of Beaumont .. J Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Stephen C. Richardson, Planning Manager MEETING DATE: July 27, 2004 AGENDA MEMO DATE: July 20, 2004 REQUESTED ACTION: Council consider a request for a specific use permit to allow church related activities in an RM-H(Residential Multiple Family Dwelling- Highest Density) District at 6515 Highway 105. RECOMMENDATION The Administration recommends approval of a specific use permit to allow church related activities in an RM-H(Residential Multiple Family Dwelling-Highest Density)District at 6515 Highway 105 with a modification to the landscaping and screening requirements. BACKGROUND New Life Tabernacle is requesting a specific use permit to allow church-related activities in a building that it owns at 6515 Highway 105. In 2002, the church received a specific use permit to allow a Spanish Sunday School and Bible study in the building. Nothing was done and that specific use permit has since expired. New Life Tabernacle would now like to use the building as a multi- purpose facility. The building will be used for Bible study, prayer, training and a fellowship area. This property was formerly a convenience store but it has been vacant for many years. The church will renovate the building. There will be a 2' x 15' sign installed on the front of the building. Parking will occur on the old convenience store's parking area and will use existing curb cuts. The applicant is requesting a modification to the landscaping and screening requirements. Typically, an T tall wood screening fence and 10'wide landscape strip on the south, east and west sides of the property would be required. Property on both sides of the subject property is owned by New Life Tabernacle. The property to the south is zoned RS and is vacant. The subject property is approximately 470'deep. The building is on the far north end of the property with the remainder of the property vacant. BUDGETARYIMPACT None. PREVIOUS ACTION At a Joint Public Hearing held July 19, 2004, the Planning Commission voted 7:0 to approve a specific use permit to allow church related activities in an RM-H (Residential Multiple Family Dwelling-Highest Density)District at 6515 Highway 105 with a modification to the landscaping and screening requirements. SUBSEQUENT ACTION None. RECOMMENDED BY Planning Commission, City Manager, Public Works Director and the Planning Manager. ORDINANCE NO. ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW CHURCH-RELATED ACTIVITIES IN AN RM- H (RESIDENTIAL MULTIPLE FAMILY DWELLING-HIGHEST DENSITY) DISTRICT LOCATED AT 6515 HIGHWAY 105 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 New Life Tabernacle to allow church-related activities in an RM-H (Residential Multiple Family Dwelling-Highest Density) District located at 6515 Highway 105, being Tract 137, Abstract 17, Plat RS-4, W.B. Dyches Survey, City of Beaumont, Jefferson County, Texas, containing 2.0 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, subject to the hereinafter described condition; NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That a specific use permit to allow church-related activities in an RM-H (Residential Multiple Family Dwelling-Highest Density)District located at 6515 Highway 105, being Tract 137, Abstract 17, Plat RS-4, W.B. Dyches Survey, City of Beaumont, Jefferson County, Texas, containing 2.0 acres, more or less., as shown on Exhibit "A" attached hereto, is hereby granted to New Life Tabernacle, its legal representatives, successors and assigns, subject to the following condition: ► A modification to the landscaping and screening requirements. Section 2. That the specific use permit herein granted is expressly issued for and in accordance with each particular and detail of the site plan attached hereto as Exhibit "B" and made a part hereof for all purposes. Section 3. Notwithstanding the site plan attached hereto, the use of the property herein above described shall be in all other respects subject to all of the applicable regulations contained in Chapter 30 of the Code of Ordinances of Beaumont, Texas, as amended. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 27th day of July, 2004. - Mayor Evelyn M. Lord - A' b, ``5 1 0 � sV J FILE 1725-P: Request for a specific use permit to allow church related activities in an NORTH RM-H(Residential Multiple Family Dwelling-High Density)District. Location: 6515 Highway 105 Applicant: New Life Tabernacle SCALE 1"=200• 17 C d6 AP Op .O y w yb 9i6 sc-c • /_ r rs- "� rr R IVI c 1: n i U b v r ' - � � v � c • I >s is � �O. Q • to i n a � I O .f 23 o� STL rr j Zi 109 .• C Mfr scr; •. IG ^ el ,Sf 60 + HIGHWAY 105 as as d7e .y 50 / • sI I /Ir Z //•_o t, /» W c i e i a RS / a g M, v os ----------- i n ~"'' EXHIBIT "A" .D fEE7' SAn?E LI�Mi+/r�iu.tS O✓TAt' �,cRrh 41✓f of AeopeAry i I i I * Approval with a modification to the D R i N G 5C.11 L F _ ,3 0 landscaping and screening requirements. f RI�CT. /?7 Fps-Rgc- -7 �ti; G. c hEs rug VF y r QEA�noyr tx. »>oP ONE s7my -;Ld,.4 N /y ,30,L4,6 i 30WSQ F7 FLCaf si�cE ,77" ONE 51GN CN rbE 60 VoRn,s1If of rhE aaiCe%N6 D;-f.0rio,;S A,x s" /A"FROM I%E Gfot n d IMIChED 1hL- �7�'� w � - rr Y V � ���►� - — - -- EXHIBIT "B" 2 July 27,2004 Consider amending Section 30-24 (B), Permitted Use Table, Radio, Television, Microwave and Cellular Telephone Transmission Towers of the City's Zoning Ordinance C1 ..Lj-1-- -j City of Beaumont Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Stephen C. Richardson, Planning Manager MEETING DATE: July 27, 2004 AGENDA MEMO DATE: July 20, 2004 REQUESTED ACTION: Council consider a request for amendments to Section 30-24 (B), Permitted Use Table, Radio, Television, Microwave and Cellular Telephone Transmission Towers of the City's Zoning Ordinance. RECOMMENDATION The Administration recommends approval of the amendments to Section 30-24(B),Permitted Use Table, Radio, Television, Microwave and Cellular Telephone Transmission Towers of the City's Zoning Ordinance to include that towers be permitted by right in the CBD, CM, LI, HI zoning districts and in the GC-MD district with a specific use permit and deleted in all other zoning districts. BACKGROUND Because of the need to guarantee the health,safety and general welfare of its citizens and with a view towards conserving property values and encouraging the most appropriate use of land throughout the community, staff felt it necessary to better define those zoning districts that would permit the placement of radio, television, microwave and cellular telephone transmission towers. Currently, the Zoning Ordinance permits such uses in the NCS, GC-MD, CBD, C-M, LI and HI zoning districts by right. The uses are permitted with a specific use permit in the A-R,R-S,RM-M, RM-H, RCR, NC, GC-MD-2, GC-MD-3 and PUD zoning districts. BUDGETARY IMPACT None. PREVIOUS ACTION At a Joint Public Hearing held July 19, 2004, the Planning Commission voted 4:3 to approve amendments to Section 30-24(B),Permitted Use Table,Radio,Television,Microwave and Cellular Telephone Transmission Towers to include that towers be permitted in the CBD, CM, LL HI and GC-MD zoning districts with a specific use permit and deleted in all other zoning districts. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager, Public Works Director and the Planning Manager. ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING CHAPTER 30, ARTICLE II, SECTION 30-24B, PERMITTED USE TABLE, OF THE CODE OF ORDINANCES OF THE CITY OF BEAUMONT TO AMEND RADIO, TELEVISION, MICROWAVE AND CELLULAR TELEPHONE TRANSMISSION TOWERS USES; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. THAT Chapter 30, Article II, Section 30-24B of the Code of Ordinances of the City of Beaumont be and the same is hereby amended to include that towers be permitted by right in the CBD, CM, LI, HI zoning districts and in the GC-MD district with a specific use permit and deleted in all other zoning districts. Section 2. 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 held to be invalid, such invalidity shall not affect the remaining portions of this ordinance, and to such end the various portions and provisions of this ordinance are declared to be severable. Section 3. THAT all ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only. Section 4. THAT any person who violates any provision of this ordinance shall, upon conviction, be punished as provided in Section 1-8 of the Code of Ordinances of the City of Beaumont, Texas. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 27th day of July, 2004. - Mayor Evelyn M. Lord - 3 July 27,2004 Consider approving a specific use permit to allow a financial advisor's office in an RM-H (Residential Multiple Family Dwelling-Highest Density) District at 2175 Dowlen Road I ..�. City o f Beaumont •�• Council Agenda Item � c TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Stephen C. Richardson, Planning Manager MEETING DATE: July 27, 2004 AGENDA MEMO DATE: July 20, 2004 REQUESTED ACTION: Council consider a request for a specific use permit to allow a financial advisor's office in an RM-H (Residential Multiple Family Dwelling-Highest Density)District at 2175 Dowlen Road. RECOMMENDATION The Administration recommends approval of a specific use permit to allow a financial advisor's office in an RM-H(Residential Multiple Family Dwelling-Highest Density)District at 2175 Dowlen Road, subject to the following conditions and with a modification to the landscaping and screening requirements: 1) Modify the disabled parking stall and off-set the driveway 10'from the property line. (Traffic Manager) 2) Provide a 25'rear setback or get a variance from the Board of Adjustment. (Planning Manager) BACKGROUND Jack Brooks of the Oak River Financial Group is requesting a specific use permit to allow a financial advisor's office at 2175 Dowlen. The company offers private investment advice to individuals and corporations. The proposed one story building will be approximately 3,900 sq.ft. in area. No more than seven individuals will be employed. The proposed building is located 16' from the rear property line. A 25' building setback is required. BUDGETARY IMPACT None. PREVIOUS ACTION At a Joint Public Hearing held July 19, 2004, the Planning Commission voted 7:0 to approve a specific use permit to allow a financial advisor's office in an RM-H (Residential Multiple Family Dwelling-Highest Density) District at 2175 Dowlen Road, subject to the following conditions and with a modification to the landscaping and screening requirements: 1) Modify the disabled parking stall and off-set the driveway 10'from the property line. (Traffic Manager) 2) Provide a 25'rear setback or get a variance from the Board of Adjustment. (Planning Manager) SUBSEQUENT ACTION None. RECOMMENDED BY Planning Commission, City Manager, Public Works Director and the Planning Manager. ORDINANCE NO. ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A FINANCIAL ADVISOR'S OFFICE IN AN RM-H (RESIDENTIAL MULTIPLE FAMILY DWELLING- HIGHEST DENSITY) DISTRICT LOCATED AT 2175 DOWLEN ROAD IN THE CITYOF BEAUMONT,JEFFERSON COUNTY, TEXAS. WHEREAS, the City Council for the City of Beaumont desires to issue a specific use permit to Jack Brooks to allow a financial advisor's office in an RM-H (Residential Multiple Family Dwelling-Highest Density) District located at 2175 Dowlen Road, being Lot 3,Winchester West Place Addition, City of Beaumont,Jefferson County,Texas,containing 0.31 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, subject to the hereinafter described conditions; NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That a specific use permit to allow a financial advisor's office in an RM-H (Residential Multiple Family Dwelling-Highest Density) District located at 2175 Dowlen Road, being Lot 3, Winchester West Place Addition, City of Beaumont, Jefferson County, Texas, containing 0.31 acres, more or less., as shown on Exhibit "A" attached hereto, is hereby granted to Jack Brooks, his legal representatives, successors and assigns, subject to the following conditions: ► Modify the disabled parking stall and off-set the driveway 10'from the property line. (Traffic Manager) ► Provide a 25' rear setback or get a variance from the Board of Adjustment. (Planning Manager) Section 2. That the specific use permit herein granted is expressly issued for and in accordance with each particular and detail of the site plan attached hereto as Exhibit "B" and made a part hereof for all purposes. Section 3. Notwithstanding the site plan attached hereto, the use of the property herein above described shall be in all other respects subject to all of the applicable regulations contained in Chapter 30 of the Code of Ordinances of Beaumont, Texas, as amended. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 27th day of July, 2004. - Mayor Evelyn M. Lord - !w FILE 1726-P: Request for a specific use permit to allow a financial advisor office in an NORTH RM-H (Residential Multiple Family Dwelling- High Density) District. CO Location: 2175 Dowlen J& �V Applicants: Jack Brooks SCALE N.T.S. a _ _ �G j LV 7 H RM-H -e M X f; Lot- v 1 r38ow— G -•M v ca . 2 c' —–y ' S7.07' FL �, �` � r y Z 3 t `l S f ` f KEY ! I Total area= 13,700 sq ft Building gross sq ft=3.900 _ (brown) >� 0 Required#of parking spaces = 13 ! 1 per 300 sq ft gross floor area I 0 Disabled parking space measures ? 11'x 18' (marked with `H') i With a separate 5' access aisle 0 All other parking spaces measure 9'x 18' 7– ® Pedestrian sidewalks(grey) Monument sign measures '.�----- I 5'x 1.5'x 4'(blue) !Z 0 Trees and shrubbery(dark green) i - 0 Grass(light green) f� ! I NOTE: Drawing is reduced,but 1 remains proportional to scale. i *Approval subject to the following conditions and with a modification to the landscaping and screening requirements: 1) Modify the disabled parking stall and off-set the driveway 10'from the property line. (Traffic Manager) 2) Provide a 25'rear setback or get a variance from the Board of Adjustment. (Planning Manager) EXHIBIT "B" 4 July 27,2004 Consider amending Section 30-28 (d), Advertising Signs of the City's Zoning Ordinance cuej City of Beaumont M c g Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Stephen C. Richardson, Planning Manager MEETING DATE: July 27, 2004 AGENDA MEMO DATE: July 20, 2004 REQUESTED ACTION: Council consider a request for amendments to Section 30-28 (d), Advertising Signs of the City's Zoning Ordinance. RECOMMENDATION The Administration recommends approval ofthe amendments to Section 30-28(d),Advertising Signs of the City's Zoning Ordinance. BACKGROUND Staff has worked with the advertising sign industry to develop new regulations that would govern advertising signs within the City of Beaumont and its Extraterritorial Jurisdiction(ETJ). Highlights of the proposed regulations are as follows: 1) All outdoor advertising companies shall provide the City of Beaumont a complete list of all signs it owns or maintains within the limits and the Extraterritorial Jurisdiction(ETJ) of the City of Beaumont. The list shall include the location, size (area and height) and type of construction. 2) Any conforming advertising sign that is reconstructed at the same location shall be the same size or smaller than the original sign. 3) The total number of signs that exist at the time of the adoption of this ordinance shall not increase. 4) To replace or relocate one advertising sign with an advertising sign at another location, a sign company may accumulate square footage on a one sq. ft. for one sq. ft. basis. 5) There will be a one year time period from the time the original advertising sign is removed to the time that the replacement sign must be installed. 6) Replacement advertising signs shall only be permitted in the areas zoned GC-MD,CM,LI and HI. 7) No new advertising signs shall be constructed in the City's ETJ with the exception of state and federally controlled highways. 8) No advertising signs shall be permitted on the Dowlen Road Extension, Walden Road from 1,370 feet west of the west right-of-way line of IH-10 to the ETJ boundary, Concord Road from Gulf Street to Hwy. 105, Washington Boulevard from Langham to Major and Phelan Blvd. from Major to Keith. 9) When a nonconforming advertising sign falls into disrepair or is damaged by fire, explosion, act of God or other calamity to the extent that the cost of reconstruction or repair exceeds fifty(50)percent of the replacement cost of the sign such nonconforming sign shall no longer be permitted. BUDGETARY IMPACT None. PREVIOUS ACTION At a Joint Public Hearing held July 19, 2004, the Planning Commission voted 7:0 to approve amendments to Section 30-28 (d), Advertising Signs of the City's Zoning Ordinance subject to the deletion of(d) 1. d) and e) and revision to f) which would result in the prohibition of any size advertising sign from being within 300 feet of the property line of any residentially zoned property or used as a public school, public park, church, courthouse, city hall or public museum. SUBSEQUENT ACTION None. RECOMMENDED BY Planning Commission, City Manager, Public Works Director and the Planning Manager. Sec. 30-28 (d) Advertising Signs: Advertising signs shall not be permitted except as noted 1. Permits: The City shall not issue permits for the construction of new advertising sigLis except under the following conditions: a) All outdoor advertising companies shall provide to the City of Beaumont a complete Est of all signs it owns or maintains within the limits and the Extraterritorial Jurisdiction(ETjJ of the City of Beaumont, This list shall include the location, size(area and height) and type of construction. To reconstruct or=lace an existing conforming advertising sign at the same location W Any sign that is reconstructed or replaced at the same location shall be the same size or smaller than the original sip. C) To replace and relocate an existing advertising sign at one location with an advertising sign at another location 1) Size of the replacement sign shall be one(1) sg ft. for one(1) so. ft. Square footage mgy be cumulative as to each outdoor advertising comppny. (2) Regardless of the size of the advertising sign to be =laced, the replaced advertising sign shall not exceed the height or area listed under Section 30- 28 1. Area calculations shall exclude cutout extensions and apron trim without copy. The cumulative area of all extensions on any one sign shall not exceed twenty(20)percent of the area of the sign, excluding extension and apron trim without copy. Height shall be measured from the crown of the adjacent roadway to which the sign is oriented; provided that the Board of Adjustment may grant a special exception for a sign not to exceed ten(10) additional feet in height when, in its judgement, the sign will, at a lower height, block an existing sign or structure from view or be so blocked from view, 1 Sign spacing, height and area shall be as follows: Sign Spacing Maximum Sign Height Maximum Sign Area 300 Feet 20 Feet 75 Square Feet 500 Feet 25 Feet 76 - 300 Square Feet 750 Feet 30 Feet* 301 - 672 Square Feet *Advertising signs fronting on an Interstate Highway or a Federal-Aid-Primary Highway may not exceed forty(40)feet in height. (3) Spacing: Sign spacing shall be as follows: a. The spacing of all advertising signs within 660 feet of an Interstate Highway(IH-10), a Federal-Aid Primary Highway(Hwys. 69, 96, 287), or a non-freeway Federal-Aid Primary Highway(Hwy. 90) shall be in accordance with the Texas Civil Statutes, Article 4477-9a, as amended. (As of March 3, 1986, the state regulations required the following spacings: On Interstate Freeways(11-1-10) and on Federal-Aid Primary Highways(Hwys. 69, 96 and 287)the required spacing is one thousand five hundred (1500) feet between advertising signs on the same side of the freeway. On non-freeway Federal-Aid Primary Highways(Hwy. 90)the required spacing is 300 feet between advertising signs on the same side of the freeway. b. The following requirements shall be in effect for signs farther than 660 feet from a Federal Aid Primary Highway or Interstate Highway. No advertising sign shall be located nearer than the spacing listed under this section to any other advertising sign, property zoned single-family residential, or property used as a public school, church, courthouse, city hall or public museum which fronts on the same 2 street the sign fronts on. Spacing shall be based on the maximum height or area of the sign being erected, whichever is greater. (4) Advertising signs shall be set back not less than twenty-five (25)feet from the right-of-way of the street, measured on a line perpendicular to the property line of the property on which the sign is to be installed, and not less than ten(10)feet from interior side yard property fines. (5) Shall be allowed a period not to exceed one(1)year from the time the original advertisin sigLi is removed to the time that the replacement advertising sigh must be installed U6 Replacement advertising signs shall only be permitted in those areas of the City of Beaumont that are zoned GC-MD, CM, LI and HI No new advertising signs shall be constructed in the CityofBeaumont's Extraterritorial Jurisdiction (ETJ)with the exception of state and federallX controlled highways. The total number of advertising signs within the city limits and ETJ of Beaumont shall not exceed the total number existing at the time of the adoption of this ordinance. Advertising signs shall not be permitted on the following streets: Ua Dowlen Road Extension �h Walden Road from 1 3 70 feet west of the west right-of-way line of IH-10 west to the ETJ boundary U Concord Road from Gulf Street to Hwv. 105 Ud Washington Blvd. from Lang ham Road to Major Drive De Phelan Blvd. from Major Drive to Keith Road (d) No advertising sign over twenty(20) feet in height or seventy-five(75) square feet in area may be placed closer than witlurt three hundred (300)feet of the property line of any property which is zoned RS, Single Family Residential, or used as a public school, public park, church, courthouse, city hall, or public museum with the exception noted in subsection(e). 3 (e) City Council may grant a Specific Use Permit under the procedures required by Article 3, Section 30-26 of the Zoning Ordinance to allow the erection of an advertising sign less than twenty(20)feet in height and seventy-five (75) square feet in area and which does not comply with the spacing requirement in subsection 30-28(d)(1)(d) above. (f) Prohibition: An outdoor advertising sign shall not be placed within three hundred(300)feet of the property line of any property which is zoned residential or used as a public park, public school, church, courthouse, city hall or public museum and which has its principal frontage on the same street as the sign. 2. Traffic Control Conflicts: No advertising sign shall resemble an official marker erected by a governmental agency, nor shall an advertising sign obstruct from clear view any traffic signal or sign. 3. Illumination: Advertising signs may be illuminated only by indirect lighting subject to the following conditions: a) Signs which contain, include or are illuminated by flashing, intermittent or moving light or lights are prohibited; provided that signs giving public service information such as, but not limited to, time, date temperature, weather or similar information shall be permitted. b) Lighting shall be shielded to prevent beams or rays from being directed at any portion of a traveled roadway or an occupied residential area and shall not be of such intensity or brilliance as to cause glare or impair vision. 4. Motion: Advertising signs shall not revolve or rotate or,otherwise move in any manner. moventent of a portion of the sign shall be pennift& 5. Roof Mounted Sign: Roof mounted advertising signs are prohibited. 6. Structure: Advertising signs shall be constructed in accordance with the Building Code and Electrical Code. Signs shall be engineered to withstand a wind load of thirty(30)pounds per square foot. 4 7. Maintenance: Advertising signs shall be maintained in good appearance and safe structural condition. The general area in the vicinity of any advertising sign shall be kept free and clear of sign materials, weed, debris, trash and litter. Maintenance or replacement of sign copy or structural repairs shall be conducted in a manner to protect adjacent properties from debris and litter. Signs shall be reposted regularly, and torn or ragged posters shall be repaired or covered promptly. When a nonconforming advertisinz sign falls into disrepair or is damaged by fire,Mlosiont act of God or other calamity to the extent that the cost of reconstruction or repair exceeds fifty(50) percent of the replacement cost of the sign such nonconforming; sign shall no longer be ermitted. A nonconforming sign may be changed or altered or upgraded only to the extent that when the chance, alteration or parade is complete it is made to conform, in all aspects, to the sign regulations of the City of Beaumont 7/14/04 5 ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING CHAPTER 30, ARTICLE III, SECTION 30-28(d) OF THE CODE OF ORDINANCES OF THE CITY OF BEAUMONT CONCERNING ADVERTISING SIGNS WITHIN THE CITY OF BEAUMONT AND ITS EXTRATERRITORIAL JURISDICTION (ETJ); PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. THAT Chapter 30, Article III, Section 30-28(d) of the Code of Ordinances of the City of Beaumont be and the same is hereby amended to read as follows: ARTICLE III. SIGN REGULATIONS Sec. 30-28. Sign Regulations. (d) Advertising Signs: Advertising signs shall not be permitted except as noted: 1. Permits: The City shall not issue permits for the construction of new advertising signs except under the following conditions: (a) All outdoor advertising companies shall provide to the City of Beaumont a complete list of all signs it owns or maintains within the limits and the Extraterritorial Jurisdiction (ETJ) of the City of Beaumont. This list shall include the location, size (area and height) and type of construction. (b) To reconstruct or replace an existing conforming advertising sign at the same location (i) Any sign that is reconstructed or replaced at the same location shall be the same size or smaller than the original sign. c. To replace and relocate an existing advertising sign at one location with an advertising sign at another location. (i) Size of the replacement sign shall be one (1) sq. ft. for one (1) sq. ft. Square footage may be cumulative as to each outdoor advertising company. (ii) Regardless of the size of the advertising sign to be replaced, the replaced advertising sign shall not exceed the height or area listed under Section 30-28(D)1. Area calculations shall exclude cutout extensions and apron trim without copy. The cumulative area of all extensions on any one sign shall not exceed twenty (20) percent of the area of the sign, excluding extension and apron trim without copy. Height shall be measured from the crown of the adjacent roadway to which the sign is oriented; provided that the Board of Adjustment may grant a special exception for a sign not to exceed ten (10) additional feet in height when, in its judgement, the sign will, at a lower height, block an existing sign or structure from view or be so blocked from view. Sign spacing, height and area shall be as follows: Sign Spacing Maximum Sign Height Maximum Sign Area 300 Feet 20 Feet 75 Square Feet 500 Feet 25 Feet 76 - 300 Square Feet 750 Feet 30 Feet* 301 - 672 Square Feet *Advertising signs fronting on an Interstate Highway or a Federal-Aid- Primary Highway may not exceed forty (40) feet in height. (iii) Spacing: Sign spacing shall be as follows: 1) The spacing of all advertising signs within 660 feet of an Interstate Highway (IH-10), a Federal-Aid Primary Highway (Hwys. 69, 96, 287), or a non-freeway Federal-Aid Primary Highway (Hwy. 90) shall be in accordance with the Texas Civil Statutes, Article 4477-9a, as amended. (As of March 3, 1986, the state regulations required the following spacings: On Interstate Freeways (IH-10) and on Federal-Aid Primary Highways (Hwys. 69, 96 and 287) the required spacing is one thousand five hundred (1500)feet between advertising signs on the same side of the freeway. On non-freeway Federal-Aid Primary Highways (Hwy. 90) the required spacing is 300 feet between advertising signs on the same side of the freeway. 2) The following requirements shall be in effect for signs farther than 660 feet from a Federal Aid Primary Highway or Interstate Highway. No advertising sign shall be located nearer than the spacing listed under this section to any other advertising sign, property zoned single-family residential, or property used as a public school, church, courthouse, city hall or public museum which fronts on the same street the sign fronts on. Spacing shall be based on the maximum height or area of the sign being erected, whichever is greater. (iv) Advertising signs shall be set back not less than twenty-five (25) feet from the right-of-way of the street, measured on a line perpendicular to the property line of the property on which the sign is to be installed, and not less than ten (10) feet from interior side yard property lines. (v) Shall be allowed a period not to exceed one (1)year from the time the original advertising sign is removed to the time that the replacement advertising sign must be installed. (vi) Replacement advertising signs shall only be permitted in those areas of the City of Beaumont that are zoned GC-MD, CM, LI and HI. (vii) No new advertising signs shall be constructed in the City of Beaumont's Extraterritorial Jurisdiction (ETJ) with the exception of state and federally controlled highways. (viii) The total number of advertising signs within the city limits and ETJ of Beaumont shall not exceed the total number existing at the time of the adoption of this ordinance. (ix) Advertising signs shall not be permitted on the following streets: 1) Dowlen Road Extension 2) Walden Road from 1, 370 feet west of the west right-of-way line of IH-10 west to the ETJ boundary 3) Concord Road from Gulf Street to Hwy. 105 4) Washington Blvd. from Langham Road to Major Drive 5) Phelan Blvd. from Major Drive to Keith Road d. Prohibition: An outdoor advertising sign shall not be placed within three hundred (300) feet of the property line of any property which is zoned residential or used as a public park, public school, church, courthouse, city hall or public museum. 2. Traffic Control Conflicts: No advertising sign shall resemble an official marker erected by a governmental agency, nor shall an advertising sign obstruct from clear view any traffic signal or sign. 3. Illumination: Advertising signs may be illuminated only by indirect lighting subject to the following conditions: a. Signs which contain, include or are illuminated by flashing, intermittent or moving light or lights are prohibited; provided that signs giving public service information such as, but not limited to, time, date temperature, weather or similar information shall be permitted. b. Lighting shall be shielded to prevent beams or rays from being directed at any portion of a traveled roadway or an occupied residential area and shall not be of such intensity or brilliance as to cause glare or impair vision. 4. Motion:Advertising signs shall not revolve or rotate or otherwise move in any manner. 5. Roof Mounted Sign: Roof mounted advertising signs are prohibited. 6. Structure: Advertising signs shall be constructed in accordance with the Building Code and Electrical Code. Signs shall be engineered to withstand a wind load of thirty (30) pounds per square foot. 7. Maintenance: Advertising signs shall be maintained in good appearance and safe structural condition. The general area in the vicinity of any advertising sign shall be kept free and clear of sign materials,weed, debris, trash and litter. Maintenance or replacement of sign copy or structural repairs shall be conducted in a manner to protect adjacent properties from debris and litter. Signs shall be reposted regularly, and torn or ragged posters shall be repaired or covered promptly. When a nonconforming advertising sign falls into disrepair or is damaged by fire, explosion, act of God or other calamity to the extent that the cost of reconstruction or repair exceeds fifty (50) percent of the replacement cost of the sign such nonconforming sign shall no longer be permitted. A non-conforming sign may be changed or altered or upgraded only to the extent that when the change, alteration or upgrade is complete, it is made to conform, in all aspects, to the sign regulations of the City of Beaumont. Section 2. 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 3. That all ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only. Section 4. That any person who violates any provision of this ordinance shall, upon conviction, be punished as provided in Section 1-8 of the Code of Ordinances of the City of Beaumont, Texas. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 27th day of July, 2004. - Mayor Evelyn M. Lord - 5 July 27, 2004 Consider approving a contract for furnishing janitorial services Cit y of Beaumont �• Council Agenda Item IL TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Kirby Richard, Central Services Director MEETING DATE: July 27, 2004 AGENDA MEMO DATE: July 20, 2004 REQUESTED ACTION: Council consider award of a contract for furnishing j anitorial services. RECOMMENDATION Administration recommends the award of a bid for a three (3) year contract to Opportunities for Deserving Individuals,Inc.(ODI)of Beaumont to furnish janitorial services in the buildings located in the downtown municipal complex. BACKGROUND Bids were solicited for a three (3) year contract to furnish janitorial services at City Hail, Police Department,Beaumont Public Library,Tyrrell Historical Library,Municipal Court,and Riverfront Park. The services bid includes all labor,supervision,cleaning supplies,paper goods,and equipment required to perform quality janitorial services. Bid specifications detailed the specific tasks at each location to be performed daily,weekly,monthly, quarterly, and yearly. The three(3)year contract includes a non-funding clause and percentage increases on the anniversary dates of the contract not to exceed the percentage increase in the Consumer Price Index(CPI). Specifications indicated that the contract would be awarded to one company for all facilities. Bidders were required to quote an all inclusive hourly rate and submit a work plan indicating the number of employees and the hours required at each location. The successful bidder will not be allowed to exceed the number of employees,number of hours,or the hourly rate quoted during the contract period, therefore, the annual expenditure will not exceed the maximum amounts shown below. Should the contractor fail to provide the required manpower as stated in their bid,the rate per hour will be deducted from any monies owed. If there are special circumstances and additional work is required,the City has the option to approve additional manpower and hours if it is deemed necessary. Six (6) companies attended a mandatory pre-bid conference where contract specifications were discussed and a tour of the facilities was conducted. Five (5)bids were received as follows: Janitorial Services Contract July 20,2004 Page 2 CONTRACTOR ANNUAL BID Texas Industrial Contractors,Beaumont,TX $127,886.74 Opportunities for Deserving Individuals (ODI), Beaumont, TX $132,156.75 Sandra's Enterprise, d.b.a. Professional Maid Service,Nederland, TX $137,008.63 Southeast Texas Building Service,Nederland, TX $170,578.30 ABM Janitorial Services, Beaumont, TX 1 $194,631.96 The annual bids were calculated using the hourly rates quoted,the number of working days per year for each facility,the number of employees, and the stated number of work hours for each employee. Bid specifications indicate that the contract award would be based on the capability and experience of the contractor followed by pricing. Texas Industrial holds the current j anitorial contract for the City's downtown facilities and submitted the lowest bid for the new contract. During the past year there have been recurring deficiencies in the services provided by Texas Industrial.Numerous verbal and written warnings have been issued in an attempt to bring the contractor's service into compliance with the specifications, terms, and conditions of the current contract. Although the contractor has attempted to correct some deficiencies,the problems recur and the overall level of service continues to fall short of an acceptable standard. ODI submitted the second lowest bid and currently provides contracted custodial services for the City at the Parks and Property Services building and at the R. C. Miller Branch Library. The services provided at these facilities have consistently met contract specifications. In addition,ODI has held contracts with the Texas Department of Transportation and the Texas Department of Human Services for several years providing custodial services at facilities ranging from 4,800 to over 35,000 square feet. References from these two agencies reported that ODI provides services that consistently meet or exceed expectations. Based on the positive recommendations received for ODI, the level of service received from ODI at other City facilities, and the unacceptable past performance of Texas Industrial, Administration recommends awarding the new janitorial contract for the buildings in the downtown municipal complex to ODI. The bid received from ODI includes the following facility details: Janitorial Services Contract July 20,2004 Page 3 ODI-Opportunities for Deserving Individuals LOCATION MAXIMUM COST PER YEAR City Hall $45,820.05 Police Station $41,905.76 Municipal Court $18,487.41 Tyrrell Historical Library $ 7,235.76 Beaumont Public Library $17,497.21 Riverfront Park Restroom $ 1,210.56 TOTAL: $132,156.75 The previous contract's annual price awarded in 2001 was $130,530.31. The annual cost increase has been minimized by eliminating certain tasks and reducing the frequency of other tasks. For example, dusting in individual office spaces is no longer required. While dusting was previously required daily in all areas,dusting will now occur weekly in common areas only,such as conference rooms,meeting rooms,lobbies,and stairways. Vacuuming has been reduced from a daily to a weekly task in both individual offices and common areas. Furthermore,cleaning services on Sundays and holidays have been eliminated at the Police Department. The Patrol and Dispatch offices only at the Police Department will receive limited cleaning services on Saturday mornings. Unit prices quoted by ODI are as follows: REQUIRED HOURLY RATE NUMBER OF HOURS/DAY/ PERSONNEL I I EMPLOYEES EMPLOYEE CITY HALL (Monday-Friday) Day Maid $8.88 1 8 Working Foreman $9.26 1 4.5 Janitors $7.76 2 4.5 POLICE STATION (Monday-Friday) Working Foreman $9.26 1 4 Janitors $7.76 2 8 Janitorial Services Contract July 209 2404 Page 4 POLICE STATION (Saturday) Working Foreman $9.26 1 3 MUNICIPAL COURT(Monday-Friday) Working Foreman $9.26 1 1.25 Janitors $7.76 2 4 TYRRELL HISTORICAL LIBRARY(Monday-Wednesday-Friday) Working Foreman $9.26 1 2 Janitors $7.76 2 2 BEAUMONT PUBLIC LIBRARY(Monday-Friday) Working Foreman $9.26 1 2.5 Janitors $7.76 2 3 RIVERFRONT PARK RESTROOM* (Saturday) ILWorking Foreman $9.26 1 1.5 *City Hall Daymaid will clean Riverfront Park restrooms Monday through Friday while Parks Department will clean them Sundays and holidays. BUDGETARYIMPACT Funds for this expenditure are budgeted in the Building Services Division's budget. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager and Central Services Director. 6 July 27,2004 Consider approving a thirty(30)year lease agreement of the Beaumont Fire Training Grounds il 7LJ--1'j City of Beaumont IV g Council Agenda Item � c TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Kirby Richard, Central Services Director MEETING DATE: July 27, 2004 AGENDA MEMO DATE: July 22, 2004 REQUESTED ACTION: Council consider award of a thirty (30) year lease agreement of the Beaumont Fire Training Grounds. RECOMMENDATION Administration recommends awarding a thirty(30)year lease to Industrial Safety Training Council (ISTC)for the management and operation of the Beaumont Fire Training Grounds. BACKGROUND Three(3)proposals were received on May 13, 2004 for leasing the Fire Training Grounds located on Marina Drive. The Beaumont Fire Training Grounds was created in the late 60's for training the City's firefighters. Over the years, it has become a multi-faceted training center for industry, volunteer and municipal fire departments. Through courses offered by Lamar Institute of Technology (LIT) and Lamar University (Lamar), students have received accreditation in Industrial and Hazardous Materials Training and Firefighting technology. Lamar,LIT and private companies pay a rental fee for use ofthe facility. Over the past five(5)years, revenue generated from rental fees average$300,000 annually. Lamar and LIT negotiate rental rates every two years. Upon expiration of their contract in 2003, a negotiated rate could not be agreed upon and Lamar has continued to operate at the training grounds on a month-to-month basis. Presently, Lamar pays $21,500 per month and LIT pays $5,000 per fire training academy which is conducted twice per year. Although rental rates average$300,000 annually,the City's General Fund must subsidize the Training Grounds budget. The current budget of$555,000 includes operational costs,water and sewer costs Fire Training Grounds Lease July 22, 2004 Page 2 and a debt service payment for capital improvements completed in 1998. Costs for these improvements totaled$1.5M with annual debt service payments of$130,000 for twenty(20)years. Since 1998,there has not been any funding allocated for major capital improvements. Improvements to the training project sites and fuel lines are a current critical need. The rental fees do not generate enough monies to fund capital improvements. To continue operations and bring the training project sites and the facilities up to an acceptable marketable condition, substantial funds would have to be allocated annually in the future from the General Fund. During the past year, other agencies and entities have expressed an interest in leasing and operating the training facility. Increasing operating costs,uncertain future revenue,lack of funding for capital projects, declining student enrollment, coupled with interest from others contributed to the decision to solicit proposals for leasing the training grounds. A committee consisting of representatives from the Fire Department,City Attorney's office,Finance Office and the Central Services Department met and developed the request for proposal for the sale or lease of the Beaumont Fire Training Grounds. Lamar/LIT of Beaumont, Texas Engineering Extension Service(TEEX)a division of the Texas A&M University System of College Station, and Industrial Safety and Training Council (ISTC) of Nederland submitted proposals for leasing the facility. Each was reviewed and evaluated by the committee members. Both Lamar/LIT and TEEX proposed leasing the facility assuming only limited operational and financial responsibility. Lamar/LIT proposed a one(1)year lease for the operation and management of the facility by providing routine maintenance and upkeep of the projects. The City would remain responsible for major repairs and capital improvements. Their proposal included the condition that the City commence work on three (3) major projects within six (6) months. The three projects included repairing or replacing the fire pump system, repair or replacing the process unit pad and repairing the dike. According to the Fire Department, cost for these repairs will be in excess of $250,000. The proposed lease included incremental increases from $200,000 for the I"year to $310,265 for the 10'year with annual renewal options not to exceed ten(10)years. TEEX proposed a three(3)year lease for the operation and management of the facility by providing routine maintenance and upkeep of the facility excluding all major capital expenditures. They proposed a payment schedule of$240,000 for the first year with the condition that$40,000 be placed in a"Fire Field Prop Improvement Fund"for capital improvements. In the To and 3rd years, funds generated from a bonus payment calculated from the number of student hours exceeding 3 2,000,must also be transferred to the"Fire Field Prop Improvement Fund". Monies from this fund must be used to fund capital improvement projects. Fire Training Grounds Lease July 22, 2004 Page 3 Both TEEX and Lamar/LIT proposals would require substantial funding from the City to maintain the infrastructure of the facility. The proposed rental rates cannot adequately fund the needed improvements, the debt service payment from the General Fund and the water and sewer costs. The third proposal reviewed was submitted by Industrial Safety Training Council(ISTC). The ISTC proposal provided for a thirty(30)year lease relieving the City of all responsibility for maintenance, capital costs and operation of the property. ISTC's proposal included funding all major capital improvement projects at no additional cost to the City. They proposed a base rental fee of $11,111.11 per month for the first fourteen(14) years with the first eighteen(18) months totaling $200,000 paid in advance upon execution of the lease. The expiration of the first fourteen(14)years coincides with the final debt service payment. The monthly payment for the remaining sixteen(16) years of the lease agreement proposed is $8,700 per month. The lease payments will be adjusted annually based on the Consumer Price Index(CPI)beginning on the 25'h month of the lease. The lease payments beginning in the 15'year of the lease will be adjusted based on the increase in the C.P.I. from 2005 until 2016 with the escalator applied each year thereafter. Additionally, ISTC will be responsible for all utility costs including water and sewer. ISTC is a thirteen (13) year old non-profit, safety and training organization based in the Golden Triangle. Initially funded in 1991 by local industry to centralize safety training for the area plant and refinery contractors, it now conducts the plant and refineries operational safety and emergency procedures training. They have a subscriber base of approximately 900 members and service approximately 6,000 contractor's companies. ISTC provides site-specific training for 49 different refineries, petrochemical plants, offshore marine facilities, paper mill plants and energy producing facilities. ISTC will continue to offer Texas Commission on Fire Protection approved courses through a partnership with LIT in the following areas: Municipal Firefighting Academy Driver/Operator-Pumper Training Hazardous Materials Technician Training Inspector Training Facility Fire& Arson Training Marine Fire Suppression Training Fire Officer I training Fire Officer II training Structural Fire Suppression Training Fire Training Grounds Lease July 22, 2404 Page 4 ISTC plans to offer the same courses that are presently provided in industrial firefighting as well as additional curriculum required by the Homeland Security Department's National Incident Management System(NIMS), new Maritime Security regulations, Management of Mass Casualty Incidents for EMS workers, Municipal Confined Space training that is accredited by Texas Commission on Environmental Quality(TCEQ)for Wastewater Worker Continuing Education Units. The Beaumont Fire Department will continue to have access to the facility for firefighting training free of charge. Courses provided by ISTC will also be available to up to three (3) Beaumont Firefighters if space is available at no cost to the City. Training for three(3)Beaumont Firefighters was a specific requirement stated in the RFP. A copy of the proposed lease agreement, in its substantial form, is provided for your review. In addition to a General Liability insurance policy,ISTC will provide a pollution liability insurance policy for environmental damages resulting from their negligence. BUDGETARY IMPACT The annual budget of the Fire Training Grounds will be eliminated. Rental fees will be deposited to the General Fund to offset the debt service payment. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager, Central Services Director and Fire Chief STATE OF TEXAS § COUNTY OF JEFFERSON § LEASE AGREEMENT THIS AGREEMENT entered effective the day of , 200 , by and between the City of Beaumont, a home-rule city, herein called LESSOR, and Industrial Safety Training Council, herein called LESSEE. WITNESSETH : LESSOR does by these presents lease and demise unto LESSEE the property described on Exhibit "A" (leased premises) and made a part hereof for all purposes for a term of three hundred sixty (360) months, beginning on September 1, 2004 and ending on August 31, 2034, (the "Primary Term") to be used for its lawful purpose and paying therefor rent in the following amounts: 1. Monthly base rental of $11,111.11 for the first 168 months with the base rent for the first 18 months ($200,000) payable upon execution of this Lease; then $8,700.00 per month for the remaining 192 months of the primary term. Payments of base rent are due on the 1'day of each month. In addition to base rental, LESSEE shall pay additional rent based upon the increase in the Houston/Galveston/Brazoria Consumer Price Index (C.P.I.) as reported by the United States Department of Labor, Bureau of Labor Statistics, to be calculated as follows: The year 2005 will be the base year for calculations hereunder. Thereafter, beginning on the 25th month of this lease, an adjustment based on the increase in the C.P.I. will be added to the monthly payment annually through the first fourteen (14) years of the lease. Rental beginning in the fifteenth (15th) year will be calculated at $8,700 per month plus an adjustment based on the increase in the C.P.I. from 2005 Page 1 GARMMAGREEMENTS\ISTC-FIRE TRNG GRNDS.wPD until 2016 (the 14th year of the lease) (e.g. If the C.P.I. has increased a total of 15% over that period, the monthly rental in the 15th year would be $10,005 [$8,700 plus 15% of $8,700 or $1,305]). The C.P.I. escalator will be applied each year thereafter during the term of the lease. Rental shall be due on the dates stated above. Rental payments which are paid after the last day of each month shall be assessed a $500 late fee; unpaid rental after such thirty (30) day grace period shall bear interest at ten percent (10%) per annum and such failure to make a timely payment shall be considered a breach of this lease. 2. If LESSEE is not then in default, it may renew this Lease for an additional term to be agreed upon between LESSOR and LESSEE no later than one year prior to the expiration of the primary term. 3. LESSEE shall pay rental installments to LESSOR in person at 801 Main Street, Suite 110, Beaumont, Texas, 77701, or by mail at P. 0. Box 3827, Attn: Cash Management Division, Beaumont, Texas, 77704, or at such other place as LESSOR may from time to time instruct LESSEE in writing. 4. LESSEE shall take good care of the property and its fixtures, and suffer no waste. 5. LESSEE has inspected the premises and agrees to accept possession of the premises in its present condition. 6. LESSEE shall be responsible for the erection and maintenance of all signs and trade fixtures on the leased premises relating to LESSEE'S programs. Page 2 GA RMWWGREEMENTSMSTC-FIRE TRNGGRNDS.WPD 7. LESSEE will use the leased premises for emergency services educational purposes. LESSEE will allow LESSOR to send up to three (3) students free of charge to attend any such class presented by LESSEE. 8. LESSEE recognizes that various hazardous and environmentally dangerous products are necessary to the educational process of teaching fire technology and assumes full and complete responsibility for all spills, leaks and/or environmental liability that may occur as a result of LESSEE'S operations on the leased premises. LESSOR currently has permits from the Railroad Commission of Texas, the Texas Commission on Environmental Quality, Texas General Land Office and the Environmental Protection Agency which are necessary for operation of the leased premises as a fire training facility. LESSOR will maintain any and all permits required by any governmental body having jurisdiction which are necessary to the operation of the property as a training facility as in periods prior to this Lease, and LESSEE will reimburse LESSOR for LESSOR'S expenses in maintaining said permits. Should any of these permits be revoked or lost for any reason such that LESSEE may no longer be allowed to continue its use of the premises, this lease shall terminate at LESSEE'S option and rent shall be prorated to the date of such event. 9. LESSEE shall be solely responsible for all maintenance, repairs, capital expenditures, operational costs and overhead of the lease premises during the term of this lease. It is the intent of the parties that LESSOR shall have no obligation to incur any costs associated with the use, occupancy or operation of the lease premises during the term of this lease, except utility costs associated with LESSOR's use of its office and classroom. Page 3 GARMM AGREEMENTS\ISTC-FIRE TRNGGRNDS.WPD 10. LESSEE will be responsible for payment of all utilities, including water and sewer usage, except that associated with LESSOR's classroom and office on the lease premises. 11. LESSEE shall, in case of fire or other casualty damage, give immediate notice to LESSOR. If the premises are so damaged as to be unfit for occupancy, LESSOR or LESSEE may elect to terminate this lease, in which case LESSEE rental will be prorated to the date of such damage. 12. The LESSOR shall have access to all projects and facilities to train its firefighters a minimum of nine (9) days per month upon written consent from LESSEE, which consent shall not be unreasonably withheld, and at times that do not conflict with LESSEE'S use of the premises. LESSOR will maintain the Beaumont Fire/Rescue classroom and one (1) office on the premises to conduct Beaumont Fire Department training classes. LESSEE is free to use the "brown" classroom, but not the Beaumont Fire/Rescue classroom, if available, upon 10 days advance notice to LESSOR. LESSOR shall have access to the "drafting pit" for testing of its pumps. 13. LESSOR has previously scheduled events on the premises and LESSEE agrees to honor the scheduled dates and rates for such use of the premises by others during the year 2004, limited to those listed on Exhibit "B" attached hereto. 14. LESSEE will adopt rules for the use of the property and the hours of operation, and will provide copies of same to LESSOR for its consent and comment by December 31, 2004. LESSOR's consent will not be unreasonably withheld. 15. In case of default in any of the covenants herein, LESSOR may enforce the performance of this lease in any manner provided by law, and this lease may be Page 4 GARMMAGREEMENTMISTC-FIRE TRNG GRNDS.WPD forfeited at LESSOR'S discretion if such default shall continue for a period of sixty (60) days after LESSOR notifies LESSEE of such default and its intention to declare the lease forfeited. Such notice to be sent by certified mail to LESSEE'S address as shown herein or delivered to LESSEE in any other manner, including leaving such notice at the demised premises. Unless LESSEE shall have completely removed or cured said default, this lease shall cease and come to an end as if that were the day originally fixed herein for the expiration of the term and LESSOR'S agent or attorney shall have the right, without further notice or demand, to re-enter and remove all persons and LESSEE'S property therefrom without being deemed guilty of any manner of trespass. 16. LESSOR shall not be liable to LESSEE or to LESSEE'S employees, patrons, or visitors, for any damage to person or property due to the buildings on said premises or any appurtenances thereof being improperly constructed, or being or becoming out of repair, nor for any damage from the defects or want of repair of any part of the building of which the leased premises form a part, but the LESSEE accepts such premises as suitable for the purposes for which same are leased and accepts the buildings and each and every appurtenance thereof, and waives defects therein and agrees to hold the LESSOR harmless from all claims for any such damage. LESSOR and LESSEE will conduct an examination of the property upon commencement of this Lease and will prepare a written condition inventory of the buildings and improvements, signed by authorized agents of LESSOR and LESSEE, which will conclusively establish the condition of the buildings and improvements upon commencement of this Lease. Page 5 GA RMWAGREEMENTS MSTC-FIRE TRNGGRNDS.WPD 17. To the extent allowed by law, and only to the extent of insurance coverage actually paid by LESSEE'S insurers, LESSEE agrees to indemnify and hold LESSOR harmless against any and all claims, demands, damages, costs and expenses, including reasonable attorney fees for the defense thereof, arising from the conduct or management of LESSEE'S use of the leased premises or from any breach on the part of LESSEE of any conditions of this lease, or from any act of negligence or allegation of negligence of LESSEE or LESSOR, their officers, employees, agents, contractors, subtenants, concessionaires, or licensees in or about the leased premises. 18. If, during the term of this lease, there is a taking of the leased premises or so large a part thereof as to render the remainder unsuitable for the continuation of LESSEE'S activities by any governmental authority under the power of eminent domain, then the LESSOR may elect to terminate this lease or to continue the same in effect but if LESSOR elects to continue the lease, the rental hereunder shall be reduced proportionately to the same extent, that the leased premises are taken. The provisions hereof shall be applicable to any conveyance in lieu of condemnation proceedings. All sums awarded or agreed upon between LESSOR and the condemning authority for the taking of the fee or the leasehold interest, whether as damages or as compensation, shall be the property of the LESSOR. Any amount specifically awarded to the LESSEE by the condemning authority for the taking of tenant's trade fixtures or other equipment shall be the property of the LESSEE. Page 6 GA RMMAGREEMENTSUSTC-FIRE TRNGGRNDS.WPD 19. During all times this lease is in effect, LESSEE must, at LESSEE'S expense, maintain in full force and effect from an insurer authorized to do business in Texas public liability insurance and other coverages as set out in Attachment "A" in the bid document covering operations hazards in an amount not less than $1,000,000 per occurrence, $5,000,000 in the aggregate on an occurrence basis naming LESSOR as a named insured. Should LESSOR determine at anytime during the term of this lease that the amount of the above coverage is inadequate, it shall notify LESSEE in writing to increase the amount of such insurance to a higher amount as determined by LESSOR. 20. LESSEE, with approval of LESSOR, and at its own expense, may make alterations, additions and improvements in and to said premises. All such alterations, additions and improvements shall belong to LESSOR and become a part of the premises so demised unless LESSOR and LESSEE agree otherwise in writing. 21. LESSEE agrees to abide by the LESSOR's "Spill Prevention Control Encounter Measure Plan" (herein "Plan"), attached hereto as Exhibit "C," specifically including, but not limited to, maintaining the existing trailer and booms and spill kits and not using them in any training. 22. At the termination of this lease, by lapse of time or otherwise, LESSEE agrees to surrender and yield to LESSOR immediate peaceful possession of the leased premises, together with all additions and improvements thereto which are not allowed by LESSOR to be removed; to surrender and turn over to LESSOR all keys to said premises, and deliver possession of the premises in as good condition as received, Page 7 GARMW AGREEMENTsMSTC-FIRE TRNG GRNDS.WPD ordinary wear and tear and damages by casualty not caused by the negligence or willful act of LESSEE, its agents, servants, or employees excepted. 23. LESSOR shall have the right to assign in whole or in part, each and every, all and singular its rights under this lease agreement and to convey all or any part of the property and improvements the subject hereof, subject however to the terms and conditions thereof. 24. It is expressly understood, covenanted and agreed, anything to the contrary herein appearing notwithstanding, that upon the expiration of this lease and any renewal or extension thereof, the above-described property shall remain the property of LESSOR, together with all improvements, alterations and additions thereto, except such as LESSOR expressly allows to be removed by LESSEE. LESSEE agrees to repair any and all damage to said premises caused by removal of any improvement, alteration or additions so allowed to be removed by LESSOR. 25. Any holding over by LESSEE after the expiration of the primary term of this lease shall operate as a tenancy from month-to-month at a rental of $8,700 per month plus an escalation amount as defined in paragraph 1 hereof. 26. Words of any gender used in this lease shall be held and construed to include any other gender, and words in the singular number shall be held to include the plural, unless the context otherwise requires. Page 8 GARMWWGREEMENTS\ISTC-FIRE TRNG GRNDS.wPD 27. It is not a waiver of default if the non-defaulting party fails to declare immediately a default or delays in taking any action. Pursuit of any remedies set forth in this lease does not preclude pursuit of other remedies in this lease as provided by law. 28. LESSOR and LESSEE shall submit in good faith to mediation before filing a suit for damages. 29. All of the covenants, agreements, terms and conditions to be observed and performed by the parties hereto shall be applicable to and binding upon their respective successors and, to the extent assignment is permitted hereunder, their respective assigns. 30. This agreement shall be construed under and in accordance with the laws of the State of Texas. 31. Venue is in the county in which the premises are located, i.e. Jefferson County. 32. Nothing herein contained shall be deemed or construed by the parties hereto, nor by a third party, to be a creation of the relationship of principal and agent, or of partnership, or of joint venture between the parties. Neither computation of rent, nor any other provision contained herein, nor any acts of the parties hereto, shall be deemed to create any relationship between the parties thereto, other than the relationship of landlord and tenant. 33. Time is of the essence in the performance of all of the obligations hereunder. Page 9 GARMWIAGREEMENTsMSTC-FIRE TRNG GRNDS.WPD 34. This lease, together with the attached exhibits, is the entire agreement of the parties, and there are no oral representations, warranties, agreements, or promises pertaining to this lease or to the expressly mentioned exhibits not incorporated in writing in this lease. 35. This lease may be amended only by an instrument in writing signed by LESSOR and LESSEE. 36. LIMITATIONS OR WARRANTIES. THERE ARE NO IMPLIED WARRANTIES OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, OR OF ANY KIND ARISING OUT OF THIS LEASE, AND THERE ARE NO WARRANTIES THAT EXTEND BEYOND THOSE EXPRESSLY STATED IN THIS LEASE. THE LEASED PREMISES ARE LEASED "AS IS," "WITH ALL FAULTS." 37. Any notices required by this lease shall be deemed to be delivered (whether or not actually received) when deposited with the United States Postal Service, postage prepaid, certified mail, return receipt requested, and addressed to LESSOR or LESSEE at their address. 38. LESSOR may retain, destroy, or dispose of any property left on the premises at the end of the term. 39. Up to five (5) of LESSOR'S employees who are designated by LESSOR to LESSEE in writing as authorized by LESSOR to enter the property shall have access to the leased premises at all times the facility is open so long as the use by LESSOR'S authorized employees does not interfere with LESSEE'S use of the leased premises. 40. LESSEE shall be responsible for remediation of any environmental spill or other such event that may occur during the term of this lease so long as the spill or Page 10 GARMM AGREEMENTS\ISTC-FIRE TRNGGRNDS.WPD other such event is not the result of the sole negligence of LESSOR. LESSEE shall purchase remediation insurance in the principal amount of$2,000,000 naming LESSOR as a named insured to fund its obligations under this provision of this lease. LESSEE's obligations under this provision shall be limited in amount by the coverage of such insurance actually paid by LESSEE'S insurers. EXECUTED on the date first above written at Beaumont, Jefferson County, Texas. LESSEE: INDUSTRIAL SAFETY TRAINING COUNCIL By: LESSOR: CITY OF BEAUMONT By: Kyle Hayes, City Manager Page 11 GA RMWA GREEMENTS\ISTC-FIRE TRNGGRNDS.WPD II + e h � I 7u1�,°'�y d ! � Ii II � Y �%III�NYw ..o..� '� I ' I��GI:� I i •1 - �' IIII II I F G -rl1 ilk J Ilq I I I ', Ir III , „} _r I y, II I I IIGIII IIJII'I'IId1 q� �Ik I � r II I III ,I III I IIII I I :. 'b II III GII I� IIIN IIII I I I pI ,��y a I II ryllq I IIII I�I to ql YII N1 I1,dI •# !! `%"�4� %� hp% I �II y IIII IIIWII I �I lu J�ql` II I I Y I Y II�y:: •r 111: �'Idl�1 � yl h I� Idl� � II�IIIIIIIIfI�I I I �Ir h:, ,I tl � �6 „ry a I� IGI�HI; , �q�3 � 11111 I Ja I II "II,} I I�II�I;I�I��III���III��IIIII�I ��`%I� j.I Ttfl,Yt�p INra.IIII 'I III IIII�I I'"I � I I II al IGIII I 1 I ,mm� .��..,.r'pW rlli�� a 4 1 -1YI ":.d l I I h Y I I u -1-141`INP,:, :� %I� I II IC III I:.. II ,1:IaiIY' u,„IIG Ir. IIN �nl III�I Gpj11., , #1,.ha lhl'! 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I. � � IIII I I h RMI !..lye N II ':;I _, Nd E u.l�.��p# �� r�d;,� r`3'�j�'r)r,�r <.e*' N�'.� � •, h1 a I I I yJ q11 JI�'9I' ;. h• v IJI. � �'; �Mwr.4rl��':���f�+�fr l���p11ir .,S;; ^Nt6 IV1�NIa�Ih �:II'll�� I I �+Ilh�gra I ^� •'�. i,:'.,1a1 I I I�G I r1 y, I�,`a h'kW�Ilhlyrf.,.�GE. 4�,t,�41"x W�J,�'6a 1r"� ,;� II VIII I,gI:i,i) �•- u111%17 at u%,111 s"ti. ;Na .Nlh I 11�h M PII I '..r''ew AN uti d' �'aii�uu,�M IIII I�, 4'..'Ltrl�lr Iu � dJ11N i�141IIII x 1 ,'.{'ad I �C j1 'I �tlI�I d e. t I : 1 '1 ��.�t'.�'��� ,9�'IM�Ihu��{��Ig�W�y,�au�,��tF;�IflyMdhLIIYIIP•��7rr. I�y4j n�!s V Io,�!I�:II,IIIIp III II � °.rlll I I �.NIiY�NWr-�..''�5"I�,�. :{� ` "'��yry� N. � tl }� Na. � '�IpV1,h�I,��h �m�%F��'�"Jf ���I��,I�y4tl,1 I�a ';�'IIN I u ,I I I I h k 71, �'P`�5f�'. '�,^a,• ��'. �r .,:.. .°�:. e �" Ili; {Yr,JJ�Ih,r�n���.�,, llll'y mr �'+���1.r6 1 ���IILI'IN��Illllh I,.I''r.`, I .hl,llllll�� 4'I:'�.!IIr4N•� ., I��, +r ��LfGV��IP�u1dlr�lt�µ „.,.VIIIIyI�JII�LJI'IJlllllull%IVJhuV .I .w :'ri,i1411J1 n Legal Description: 40.0842 Acre Tract or Parcel of Land James Drake Survey, Abstract No. 18 Jefferson County, Texas BEING a 40.0842 acre tract or parcel of land situated in the James Drake Survey, Abstract No. 18, Jefferson County, Texas and being out of and part of that certain called 215.41 acre tract of land as described in a deed from Kydie C. McKee to The City of Beaumont as recorded in Volume 914, Page 303, Deed Records, Jefferson County, Texas, said 40.0842 acre tract being more particularly described as follows: NOTE. All bearings are based on the North right-of-way line of Interstate Highway No. 10 adjacent to Brake's Bayou as SOUTH 84°25'08" EAST as recorded on the Texas Department of Transportation Right-of-Way Map for Interstate Highway No. 10. COMMENCING at a Texas Department of Transportation concrete monument found on the East bank of Brake's Bayou, said corner also being the Northwest corner of that certain called 0.3044 acre tract of land as described in a "DEED — Controlled Access Highway Facility" from the City of Beaumont to the State of Texas as recorded in Volume 1847, Page 469, Deed Records, Jefferson County, Texas and said corner also bears SOUTH 84 025'08" EAST a distance of 196.63 feet from a Texas Department of Transportation concrete monument found on the West bank of Brake's Bayou, said corner also being the Northeast corner of that certain called 1.3980 acre tract of land, identified as PARCEL NO. 15-A, Part 3, as described in a "DEED — Controlled Access Highway Facility" from the City of Beaumont to the State of Texas as recorded in Volume 1847, Page 458, Deed Records, Jefferson County,Texas; THENCE NORTH 15 046'10" EAST, over and across the said 215.41 acre City of Beaumont tract, for a distance of 929.17 feet to a 5/8" iron rod with a cap stamped "RPLS 3636" set for the Southwest corner and POINT OF BEGINNING of the tract herein described; THENCE NORTH 12 002'16" WEST, for a distance of 487.55 feet to a 5/8" iron rod with a cap stamped "RPLS 3636" set for corner; THENCE NORTH 05 000'14" EAST, for a distance of 130.23 feet to a 5/8" iron rod with a cap stamped "RPLS 3636" set for corner; THENCE NORTH 42011'29" EAST, for a distance of 147.99 feet to a 5/8" iron rod with a cap stamped "RPLS 3636" set for corner; THENCE NORTH 86°50'16" EAST, for a distance of 240.18 feet to a 5/8" iron rod with a cap stamped "RPLS 3636" set for corner; THENCE NORTH 19 024'35" EAST, for a distance of 303.03 feet to a 5/8" iron rod with a cap stamped "RPLS 3636" set for corner; Pagel of 3 MARK W. WHITELEYAND ASSOCIATES,INC. THENCE NORTH 55 007'52" EAST, for a distance of 215.47 feet to a 5/8" iron rod with a cap stamped "RPLS 3636" set for corner; THENCE NORTH 77 020'28" EAST, for a distance of 751.40 feet to a 5/8" iron rod with a cap stamped "RPLS 3636" set for corner; THENCE NORTH 80 057'27" EAST, for a distance of 283.30 feet to a 5/8" iron rod with a cap stamped "RPLS 3636" set for corner; THENCE SOUTH 69 051'15" EAST, for a distance of 196.92 feet to a 5/8" iron rod with a cap stamped "RPLS 3636" set for corner; THENCE SOUTH 80 032'55" EAST,passing at a distance of 182.01 feet a 5/8" iron rod stamped "RPLS 3636" set for reference and continuing for a total distance of 197.53 feet to a point for corner on the Westerly high bank of the Neches River; THENCE SOUTHERLY, along and with the meanders of the Westerly high bank of the Neches River, for the following courses and distances: SOUTH 25 02433" WEST, for a distance of 46.73 feet; SOUTH 19 057'20" WEST, for a distance of 129.30 feet; SOUTH 55 034'03" WEST, for a distance of 146.99 feet; SOUTH 17 04523" WEST, for a distance of 147.07 feet; SOUTH 17 009'39" WEST, for a distance of 95.48 feet; SOUTH 02 016'44" EAST, for a distance of 101.69 feet; SOUTH 50019'25" WEST, for a distance of 70.04 feet; NORTH 69°39'13" WEST, for a distance of 62.48 feet; SOUTH 48 042'59" WEST, for a distance of 47.42 feet; SOUTH 09°22'15" EAST, for a distance of 43.80 feet; SOUTH 41°13'18" EAST, for a distance of 53.48 feet; SOUTH 39 043'44" EAST, for a distance of 28.46 feet; SOUTH 28 029'46" WEST, for a distance of 108.41 feet; SOUTH 17 045'35" WEST, for a distance of 99.77 feet; SOUTH 20°20'51" WEST, for a distance of 142.36 feet; SOUTH 21012'44" WEST, for a distance of 25.78 feet; THENCE NORTH 87 035'24" WEST, passing at a distance of 51.47 feet a 5/8" iron rod with a cap stamped "RPLS 3636" set for reference and continuing for a total distance of 288.27 feet to a 5/8" iron rod with a cap stamped "RPLS 3636" set for corner; THENCE NORTH 80 014'29" WEST, for a distance of 133.39 feet to a 5/8" iron rod with a cap stamped "RPLS 3636" set for corner; THENCE NORTH 81055'50" WEST, for a distance of 116.85 feet to a 5/8" iron rod with a cap stamped "RPLS 3636" set for corner; l Page 2 of 3 MARK W. WHITELEYAND ASSOCIATES,INC. THENCE SOUTH 04 003'34" EAST, for a distance of 66.43 feet to a 5/8" iron rod'with a cap stamped "RPLS 3636" set for corner; THENCE SOUTH 23 054'59" WEST, for a distance of 49.38 feet to a 5/8" iron rod with a cap stamped "RPLS 3636" set for corner; THENCE SOUTH 81 014'27" WEST, for a distance of 377.13 feet to a 5/8" iron rod with a cap stamped "RPLS 3636" set for corner; THENCE SOUTH 85 015'41" WEST, for a distance of 514.63 feet to the POINT OF BEGINNING and containing 40.0842 Acres, more or less. Surveyed on May 18, 2004 by Mark W. Whiteley, RPLS No. 3636. This legal description is being submitted along with a plat based on this survey. •_w o N .... r+a+ • 'Hi 1 •• • a •q•. a.a• a•p• i 2r.t` . Js ,.•„l Mark W. Whiteley, RPLS v� W:X2004\04-223\04-223 M&B.DOC Page 3 of 3 MARK W. WHITELEYAND ASSOCIATES,INC. Exhibit B RENTAL AGREEMENTS 2004 Dates Company August 5 Motiva Rescue Haz Mat August 26 Motiva Rescue Haz Mat September 9 Motiva Rescue Haz Mat October 19-22 Roco Rescue October 25-28 Roco Rescue November 1-4 Roco Rescue November 11 Motiva Rescue Haz Mat December 9 Motiva Rescue Haz Mat