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HomeMy WebLinkAboutPACKET MAR 23 1999 CITY OF BEAUMONT REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS MARCH 23, 1999 1:30 P.M. CONSENT AGENDA * Approval of minutes I � * Confirmation of committee appointments �P A) Approve the acquisition of properties I qO 1) Approve the acquisition of property for the Walden Road Improvement Project 2) Approve the acquisition of properties for the Concord Road Improvement Project � i 99 B) Approve a contract for cleaning, repairing, and applying waterproof coating to the exterior walls of the Art Museum of Southeast Texas located at 500 Main Street �0 93 C) Approve the renewal of a contract with the Beaumont Association for Senior Citizens 0 for space allocation at the Best Years Center ry D) Approve a two-year lease agreement with Allright Beaumont Company E) Approve a License to Encroach Agreement with Earth Analytical Sciences, Inc a q4 F) Accept improvements constructed in Brownstone Subdivision for City maintenance Consent Agenda Summary March 23, 1999 * Approval of minutes * Confirmation of committee appointments Marilyn Hebert would be reappointed to the Drug Free Beaumont Commission. The current term would end February 15, 2001. (Councilmember Lulu Smith) The following individuals would be appointed to the Drug Free Beaumont Commission to fill unexpired terms. The terms would commence March 23, 1999. Miguel Valdez - Term would expire March 23, 2000 (Councilmember Becky Ames) Sister Caroline - Term would expire March 23, 2000 (Councilmember Lulu Smith) Chris Castillo - Term would expire February 15, 2000 (Councilmember Becky Ames) Michelle B. Leday - Term would expire February 15, 2000 (Councilman Guy Goodson) Sarah Knippa - Term would expire April 14, 2000 (Councilmember Becky Ames) The following individuals would be appointed to the Keep Beaumont Beautiful Commission. The terms would commence March 23, 1999 and expire March 22, 2001. Ibby Middleton - (Councilman Guy Goodson) Nancy Grobe - (Councilman Guy Goodson) Dr. E. J. White would be appointed to the Senior Citizen Advisory Committee. The term would commence March 23, 1999 and expire March 22, 2001. (Councilman Guy Goodson) Bessie Chisum would be appointed to the Sister City Commission. The term would commence March 23, 1999 and expire March 22, 2001. (Guy Goodson) Reverend Rogers Jones would be appointed Chairman of the Drug Free Beaumont Commission. The term would commence March 23, 1999 and expire March 22, 2000. (Mayor David Moore) Wanda Grimes would be appointed Vice-Chairman of the Drug Free Beaumont Commission. The term would commence March 23, 1999 and expire March 22, 2000. (Mayor David Moore) Lamar Roach would be appointed to the Reinvestment Zone No. 1 Board of Directors. The term would commence March 23, 1999 and expire March 22, 2001. (Mayor David Moore) A) Approve the acquisition of properties 1)Approve the acquisition of property for the Walden Road Improvement Project. Property located south of and parallel to the LNVA Canal and 404 feet north of Interstate 10(5.782 of an acre)would be purchased from LaBelle Properties, Ltd. and William Arthur Roane for the appraised value of $57,820. 2) Approve the acquisition of properties for the Concord Road Improvement Project. Property located at 3455 Concord (0.016 of an acre) would be purchased from Weldon and Barbara Young in the amount of$5,402. Property located at 3479 Concord (0.263 of an acre)would be purchased from Jasper J. Perello in the amount of$24,495. The properties were appraised by Bishop Real Estate Appraisers, Inc. Copies of the staff memorandums are attached for your review. B)Approve a contract for cleaning, repairing,and applying waterproof coating to the exterior walls of the Art Museum of Southeast Texas located at 500 Main Street The contract would be with JNA Painting Co., Inc. of Dallas in the amount of$46,990. The scope of work includes high pressure washing of all exterior masonry, trim, exterior insulation system, windows, skylight, doors, and columns. Repairs will be made as needed and coating applied as specified. The work is necessitated by weathering and deterioration which has occurred since the building was constructed in 1987. Funds are available for this expenditure in the Capital Reserve Fund. A copy of the staff memorandum is attached for your review. Q Approve the rene��al of a contract NNith the Beaumont Association for Senior Citizens for space allocation at the Best Years Center The renewal is for a three-year term commencing April 1, 1999. The lease area is approximately 4,768 square feet of space in the north wing of the Best Years Center. The space has been leased by the Association since 1979 to provide activity programs for approximately 50 senior and disabled citizens each day including hot meals, arts and crafts, exercise classes and other recreational activities. The consideration for the leased premiums remains an advance payment of$1.00 per year. A copy of the staff memorandum is attached for your review. D) Approve a two-year lease agreement with Allright Beaumont Company Allright has provided parking services for the City since June 1977. The contract provides for parking attendants at the request of the Civic Center Manager for events at the Civic Center, Julie Rogers Theatre and Riverfront Park. In addition to providing attendants for event parking, Allright operates a day contract parking lot on the Civic Center north lot. The lease agreement will remain unchanged whereby Allright will pay the City 60% of gross receipts derived from the parking operation. The contract terms limit Allright's charges to a maximum of$2.00 per vehicle per day. The City received $42,664 in revenues from Allright during fiscal year 1998. A copy of the staff memorandum is attached for your review. E) Approve a License to Encroach Agreement with Earth Analytical Sciences, Inc. The encroachment is 4.0 feet in width and extends westerly across the City's sixty foot wide Ward Drive right-of-way. The license will allow a telecommunications line to be installed. The license protects the City from liability and provides a 30-day cancellation clause. A copy of the staff memorandum is attached for your review. F) Accept improvements constructed in Brownstone Subdivision for City maintenance Final inspection of water, sanitary sewer, storm sewer and street improvements constructed in Brownstone Subdivision was made by the Engineering Division and the Water Utilities Department. These improvements were found to complete with the exception of streetlights. The developer has provided proof of payment to Entergy for the streetlights. A copy of the staff memorandum is attached for your review. Al INTER-OFFICE MEMORANDUM City of Beaumont,Texas Engineering Division Date: March 16, 1999 To: Ray A. Riley, City Manager From: Tom Warner,Director of Public Works Subject: AGENDA ITINERARY-CITY COUNCIL ACTION REQUESTED WALDEN ROAD RIGHT-OF-WAY ACQUISITION COMMENTS The City of Beaumont is planning improvements to Walden Road from FM 364/Major Drive to the Petro Truck Stop just east of Interstate Highway 10. As part of the improvements, a drainage outfall ditch will be constructed in cooperation with Jefferson County Drainage District No. 6. The owners of the property listed below have agreed to accept the appraised value for their property: 5.782 acre of land out of the C. Williams Survey (South of and parallel to the LNVA Canal and 404 feet north of Interstate Highway 10) Appraised Value: $57,820.00 (Partial Taking) Owners: LaBelle Properties,Ltd. and William Arthur Roane A plat depicting the proposed right-of-way is attached. It is requested that a resolution be passed authorizing the acquisition of a 5.782 acre tract of land out of the A. Williams Survey from the LaBelle Properties,Ltd.and William Arthur Roane for the appraised value of$57,820.00 for the Walden Road Improvement Project. Tom Warner J P G TW:JPC:ml Attachment LABELLEI® WALDEN ROAD SUBJECT IMPROVEMENTS PROJECT a'~ PROPOSED I myA RIGHT—OF—WAY ACOUISITION 5.782 ACRE OF LAND OUT OF THE C. WILLIAMS SURVEY v R (SOUTH OF AND PARALLEL TO THE LNVA CANEL AND 404 FEET NORTH F � OF INTERSTATE HIGHWAY 10) , L s PARTIAL TAKING TnI R OWNER: 10 LABELLE PROPERTIES,Ltd. o AND WILLIAM ARTHUR ROANE 3 LEGEND SUBJECT PROPERTY fj Yyr�\rr 13RO-YSSARD TRUST N.T.S G I r N GO'?G75-v17 y ..� ✓cJ G \ I tG oo a / \ a a M7210-17 nn cu DROUSSAPD TPUSr u WL coo rc +437 a? ' rsori roo(r.o.n, 00'32'05' F froll rma - - II . —I"_'I -� ^•18'IG" r nirrh c:.n[ntsr a+ICCrr•z rv^^ r G7.5GG AC. 11a_. /'r nro r - i N Jd'26'55" E t n ' , rsorr:nuns r - _ A AG-vrLm A2 INTER-OFFICE MEMORANDUM - - - — K-1 City of Beaumont,Texas Engineering Division Date: March 17, 1999 To: Ray A. Riley,City Manager From: Tom Warner, Director of Public Works Subject: AGENDA ITINERARY-CITY COUNCIL ACTION REQUESTED CONCORD ROAD RIGHT-OF-WAY ACQUISITION COMMENTS The City of Beaumont is planning improvements to Concord Road from Interstate 10 to East Lucas. Phase I of the project is from Interstate 10 to St. Helena Street. There are eighteen parcels in this section. Twelve parcels have been acquired and the owners of two parcels have accepted the City's offer for the appraised value. Three of the parcels are owned by the City of Beaumont. Authorization for eminent domain has been approved for one parcel. • Phase II of the project is from St. Helena Street to the railroad tracks. There are fifty-six parcels in this section. The City owns five of these parcels. Twenty-six parcels have been acquired and nine parcel owners have accepted the appraised value. Authorization for eminent domain has been approved for one parcel. Phase III of the project consists of thirty parcels and is from the railroad tracks to East Lucas Drive. Two parcels have been acquired. The owners of parcels in Phase II listed below have agreed to accept the appraised value for their property. Parcels 65 and 66 have a unity of use and were appraised as one parcel. Parcel No. 61: 0.016 acre out of Lots 2,3,and 4 of the Bodin Addition 3455 Concord Road Appraised Value: $5,404.00 Less Improvements Retained: 2.00 Total Compensation: $5,402.00 (Partial Taking) Appraisers: Bishop Real Estate Appraisers, Inc. Owner: Weldon and Barbara Young Parcel No. 65 and 66: 0.263 acre out of the A.Williams Survey 3479 Concord Road Appraised Value: $24,500.00 Less Improvements Retained: 5.00 Total Compensation: $24,495.00 (Whole Taking) Appraisers: Bishop Real Estate Appraisers,Inc. Owner: Jasper J.Perello Interoffice Memo:Ray A.Riley,City Manager Subject: Concord Road Right-of-Way Acquisition Page Two March 17, 1999 Plats depicting the parcels are attached. It is requested that a resolution be passed authorizing the acquisition of Parcel 61 from Weldon and Barbara Young for the appraised value of$5,402.00 and Parcel 65 and 66 from Jasper J.Perello for the appraised value of$24,495.00 for the Concord Road Improvement Project. anti Tom Warner T C TW:JPC:ml .%ttachments ii'YOUNG SUBJECT CONCORD ROAD IMPROVEMENTS PROJECT Dom ° �000 0 o s NLN LYNNWD HAYES 4 Z 9 ►- PROP03ED ��`' ��p� 9�d a HYBRDD RIGHT OF-WAY �F s A THU vE RD ACQUISITION � � �,�. 92� �` PARCEL NO. 61 ❑AKW❑❑D ASHW❑❑D 1a o W TAT Z a p W 0.016 ACRE MAPLEW❑ D w �9l v~i PRIM RDSE OUT OF LOTS Z, S, de 4 q 3 N. WILL❑ VOO D N OF THE BODIN ADDITION ¢ w TIMBE W❑❑D o DRIFT (PARTIAL TAKING) DOG ❑D 3 0013 Q BLAC DN TU ANE 3 � OWNER: m k ark W = -o WILLDWDDD WELDON do BARBARA YOUNG f-L 3 DELAWARE F❑❑ LEGEND LOCATION MAP N.T.S. MM SUBJECT PROPERTY \ `\ FNO. 1/2- PPE H 1555.05, E CQ`��O 11.75' 3JQ, C0�`7� O s N.T.S. COQ-�(�, 2-24' RACKSERRY TREES Lit V 9 14'67'27 • ! 1.75' r �0T / ! f / !! <pT r S O / DoT ri / ! 2 9. S 71� �T \ O / AGAVSP61 3UBJECT CONCORD ROAD IMPROVEMENTS PROJECT oq ppoo z s N N�LYNNWO HAYES w z HYBROO PROPOSED RIGHT-OF-WAY '�F. VER RO ACOUJ31TION 9 AR THU PARCEL NO. 86 & 88 FRED OAKWOOD v p -i ASHWOOD ra p W TAFT 0.283 ACRE OUT OF THE CD W Li A. WILLIAM3 SURVEY MAPLEWO D o PRIM ROSE A9 Q 3 N. WILLO OED 9� N Q TIMBE WOOD o DRIFT OWNER: DOG OD s OOD Q JASPER J. PERELLO BLAC MON 3 w TU ANE r) esti _ ark u = cows. WILLOWOOD �-LI . ° DELAWARE n. FEO 162- LEGEND LOCATION MAP N.T.S. SUBJECT PROPERTY ,s T, C , G� \ n m O \ tic \ N.T,S. c \ 0o A 'o. \ ?f \ AGP63166 INTER-OFFICE MEMORANDUM City of Beaumont,Texas Central Services Department Date: March 9, 1999 To: Ray A. Riley,City Manager From: Kirby Richard,Central Services Director Subject: Cleaning,Repair, and Coating of Exterior Walls -Art Museum of Southeast Texas COMMENTS Nine(9)bids were received on Monday,February 22, 1999 for furnishing all labor,materials, supplies and equipment to clean,repair, and apply waterproof coating to the exterior walls of the Art Museum of Southeast Texas located at 500 Main Street. One (1)bidder withdrew due to an error in calculation. The scope of work includes high pressure washing of all exterior masonry,trim,exterior insulation system,windows. skylight,doors,columns,and light standards. Repairs shall be made as needed and coating applied as specified. The work is necessitated by weathering and deterioration which has occurred since the building's construction in 1987. The bids received are as follow: Company Location Price Completion Time JNA Painting Co., Inc. Dallas, TX $46,990.00 50 days BRC Painting, Inc. Beaumont,TX $57,597.00 90 days Moore's Waterproofing Orange,TX $65,130.00 85 days Texas Liqua Tech Services,Inc. Houston,TX $76,116.70 120 days Lange Brother's Inc. Port Arthur, TX $82,673.00 90 days Texas Coatings Application&Waterproofing St. Louis,MO $93,104.00 120 days White Stone Contractors Tyler,TX $98,346.00 105 days Project Mechanical Services,Inc. Beaumont,TX $105,584.00 75 days It is recommended that this bid be awarded to JNA Painting Co.,Inc. in the amount of$46,990 for furnishing all labor, materials,supplies and equipment to clean,repair,and coat the exterior walls of the Art Museum of Southeast Texas located at 500 Main Street. Work is expected to begin by April 1 and be completed within fifty (50) days. Building Services personnel will monitor the vendor's performance of work. Funds for this expenditure are available in the Capital Reserve Fund. C INTER-OFFICE MEMORANDUM City of Beaumont,Texas Central Services Department Date: March 12, 1999 To: Ray A. Riley, City Manager From: Kirby Richard, Central Services Director Subject: Renevval of Contract for Space Allocation v'-ith Beaumont Association for Senior Citizens COMMENTS The Beaumont Association for Senior Citizens(BASC)has requested a renewal of their contract for space allocation for a three (3)year term, commencing April 1, 1999. The lease area is approximately 4,768 square feet of space in the north wing of the Best Years Center located at 780 South Fourth Street. The space has been leased by the Association since 1979. The space is used to provide activity programs for approximately 50 senior and disabled citizens each day including hot meals, arts and crafts, exercise classes, dances, recreational games and other similar activities. In addition, BASC provides transportation services averaging 100 rides per day for pick-up and delivery to the center, 750 rides per month for medical needs,and 250 rides per month for other transportation needs. The Association is licensed through the Texas Department of Health to provide an adult day care center and receives funding for clients attending the center through the Texas Department of Human Services. All provisions of the contract for space allocation remain the same as the prior agreement. These provisions include an insurance policy requirement of$500,000 comprehensive general liability and a sixty(60)day cancellation by either party. The consideration for the leased premises remains an advance payment of One Dollar($1.00)per year. BASC is responsible for custodial maintenance of the leased area. Utilities, except for telephone service, and structural maintenance is provided by the City. Luke Jackson, Parks and Recreation Director, concurs with the renewal of this agreement. A copy of the lease agreement, in substantial form, is attached for your review. It is recommended that the City Council authorize the City Manager to execute a contract for space allocation with the Beaumont Association for Senior Citizens for a term of three (3) years in consideration of a nominal Three Dollar($3.00)rental payment. THE STATE OF TEXAS I KNOW ALL MEN BY THESE PRESENTS: COUNTY OF JEFFERSON I CONTRACT FOR SPACE ALLOCATION This Contract for Space Allocation is made and entered into this day of , 1999, by and between the City of Beaumont, a municipal corporation organized under the laws of the State of Texas located and domiciled in Jefferson County, Texas, hereinafter referred to as "City", and Beaumont Association for Senior Citizens, hereinafter referred to as "BASC". RECITALS The City is the sole owner of the premises described below, and desires to allocate space to BASC for the purpose of a daily activity center for Senior Citizens. The parties desire to enter into a contract defining their rights, duties, and liabilities relating to the space. In consideration of the mutual covenants and agreements herein set forth, and the benefit to the Senior Citizens of Beaumont, BASC agrees to pay the City as rent for said space the sum of One Dollar ($1.00) per year in advance, at the City Hall in Beaumont, Texas. City does hereby demise and allocate to BASC and BASC does hereby rent from the City, Four Thousand Seven Hundred Sixty-Eight (4,768) square feet, more or less, of space located in the North Wing of the "Best Years Senior Center" located at 780 South Fourth Street, Beaumont, Texas, and more particularly described by the shaded area in the floor plan attached as Exhibit "A" hereto and hereinafter called the "allocated space". 1. The term of this contract shall be for three (3) years commencing on April 1, 1999, and ending March 31, 2002, unless sooner terminated as herein provided. 2. It is understood and agreed between the parties hereto that the BASC will use the allocated space only for Senior Citizen Activity Programs to include, but not limited to, hot meals, arts and crafts, exercises, dances, recreational games, and other similar activities, unless the City has given BASC prior written consent for a different use. In connection with its use of and activities in and about the allocated space and the building, BASC, at its expense, will comply and will cause its employees, agents, and invitees to comply with all applicable laws and ordinances, and with all applicable rules and regulations of fgovernmental agencies, and BASC will conduct itself and cause its employees, agents, and invitees to conduct themselves with full regard for the rights, convenience and welfare of all other tenants in the building. Provided BASC has performed all of the terms, covenants, agreements, and conditions of this contract, including the payment of rent, to be performed by BASC, BASC shall peaceably and quietly hold and enjoy the space for the term hereof, without hindrance from the City, subject to the terms and conditions of this Contract. 3. 3.01 BASC acknowledges that its acceptance of possession of the allocated space constitutes a conclusive admission that it has inspected the allocated space and has found it in good condition and repair. -- 2 -- 3.02 BASC shall perform usual janitorial and maintenance service including the • f floors and the cleaning sweeping and waxing o 9 of windows. Replacement of light bulbs or fluorescent tubes in the standard lighting fixtures installed in the building will be performed by the City, as general building maintenance. BASC shall also maintain and keep the public and common areas of the Building, such as lobbies, stairs, corridors, and restrooms in good order and condition. 3.03 The purchase of janitorial supplies will be the responsibility of the BASC, and will be included as part of the BASC's usual janitorial maintenance service. Utilities will be provided by the City, with the exception of telephone service, which will be the responsibility of the BASC. 3.04 If disposal needs should necessitate the acquisition of a separate dumpster Sfor the Association, BASC, within thirty (30) days after receipt of written notice from the City, agrees to acquire said dumpster, and be responsible for all expenditures related to solid waste collection for the Association. 3.05 If the Parks and Recreation Director or his designee should deem necessary the purchase of toilet tissue paper, and roll paper towels for the exclusive use of the BASC, BASC within thirty (30) days from the City's written notice will comply with such purchase requirement. 4. 4.01 BASC shall be liable for all taxes levied or assessed against personal property, furniture, or fixtures placed by BASC in the space. 4.02 BASC shall not make any alteration, additions, or improvements to the -- 3 -- allocated space without the prior written consent of the City. Consent for nonstructural • alterations, add or p additions, improvements shall not be unreasonably withheld by the City. BASC shall have the right at all times to erect or install furniture and fixtures, provided that BASC complies with all applicable governmental laws, ordinances and regulations at the termination of this contract. BASC shall have the right to remove such items so installed, provided BASC is not in default; however, BASC shall, prior to the termination of this contract, repair any damage caused by such removal. 4.03 The City or its officers, agents, and representatives shall have the right to enter into and upon any and all parts of the allocated space at all reasonable hours to inspect same, make repairs, alterations or additions as the City may deem necessary (but without any obligation to do so, except as expressly provided for herein). 5. BASC shall carry a policy of comprehensive general liability insurance with a company acceptable to the City, naming the City as an additional insured in the sum of Five Hundred Thousand Dollars ($500,000.00)combined single limit during the entire term of the contract. The original policy shall be filed with the City Clerk of the City of Beaumont. 6. BASC agrees to indemnify and hold the City harmless from and against any and all claims, demands, suits, damages, costs and expenses, including reasonable attorney's fees for the defense thereof, arising from the conduct or management of BASC's business or its use of the allocated space or from any breach on the part of BASC of any conditions -- 4 -- of this contract, or from any act or negligence of BASC, its agents, contractors, employees, subtenants, guests or invitees in or about the allocated space and specifically including negligence by the City. In case of any action or proceeding brought against the City by reason of any such claim, BASC, upon notice from the City, covenants to defend such action or proceeding by counsel acceptable to the City. 7. BASC shall not assign or sublet the allocated space or any part thereof without the written permission of the City Manager of the City of Beaumont. 8. 8.01 The City may terminate this contract in the event the allocated space is abandoned or vacated by BASC during the term of this contract. In such circumstance, the City shall have the right to re-enter and repossess the demised space by force, and to dispossess and remove therefrom all occupants and their effects, without being liable for any prosecution therefor, and to hold the space as if this contract had not been made. 8.02 BASC hereby waives all rights and notice to quit or intention to re-enter the space under the provisions of any statute of the State of Texas, or of this contract, in the event of any abandonment of the allocated space. 9. BASC shall, on the last day of the term or on earlier termination and forfeiture of the contract, peaceably and quietly surrender and deliver the allocated space to the City free of subtenancies, including all buildings, additions, and improvements constructed or placed thereon by BASC, except movable trade fixtures, all in good condition and repair. Any -- 5 -- trade fixtures or personal property not used in connection with the operation of the allocated space and belonging to BASC, if not removed at the termination or default, and if the City so elects, shall be deemed abandoned and become the property of the City without any payment or offset therefor. BASC shall repair and restore all damage to the allocated space caused by the removal of equipment,trade fixtures, and personal property. 10. Should BASC hold over the space, or any part thereof, after the expiration of the term of this contract, unless otherwise agreed in writing, such holding over shall constitute and be construed as tenancy from month-to-month only. Inclusion of the preceding sentence shall not be construed as the City's consent for BASC to hold over. 11. This contract contains the entire agreement between the parties and cannot be changed or terminated except by written instrument subsequently executed by the parties hereto. This contract and the terms and conditions hereof apply to and are binding upon the heirs, legal representatives, successors, and assigns of both parties. 12. This contract shall be governed by and construed in accordance with the laws of the State of Texas, and all obligations of the parties created hereunder are performable in Jefferson County, Texas. 13. Either party may cancel this contract by giving to the other party sixty (60) days notice of said termination in writing. BASC shall within said sixty (60) days vacate the s -- 6 -- space and remove all of BASC's property therefrom. Any property belonging to BASC not (60 removed within said sixty period shall become the property of the City. ) day P 14. All notices provided to be given under this contract shall be given by certified mail or registered mail, addressed to the proper party at the following addresses: City Manager City of Beaumont P. O. Box 3827 Beaumont, Texas 77704 Beaumont Association for Senior Citizens 780 South Fourth Street Beaumont, Texas 77701 IN WITNESS WHEREOF, the undersigned the City and BASC hereto execute this contract as of the date and year first above written. THE CITY OF BEAUMONT BY: RAY A. RILEY, CITY MANAGER BEAUMONT ASSOCIATION FOR SENIOR CITIZENS BY: MYRNA R. ELLSWORTH, ADMINISTRATOR -- 7 -- BEST YEVS SENIOR CENTER 7A L LOCATED SPACE (' FOR BASC ID l C.h 4th St. D US INTER-OFFICE MEMORANDUM City of Beaumont,Texas M:U1 Central Services Department Date: March 10, 1999 To: Ray A. Riley,City Manager From: Kirby Richard, Central Services Director Subject: Parking Services Contract Allright Beaumont Company COMMENTS The two year parking services contract with Allright Beaumont Company will expire March 31, 1999. Allright has provided parking services for the City since June 1977. The contract provides for parking attendants at the request of the Civic Center Manager for events at the Civic Center, Julie Rogers Theater and Riverfront Park. In addition to providing attendants for event parking, Allright operates a day contract parking lot on the Civic Center north lot. Allright also provides parking services at other locations at the request of the City,namely at the Fair Park Coliseum and various city parks. Other locations that may require parking services during an event are the Sterling Pruitt Activity Center in Magnolia Park during the Southeast Texas State Fair. Allright pays the City Sixty Percent (60%) of gross receipts derived from the parking operation. The contract terms limit Allright's charges to a maximum of Two Dollars($2.00)per vehicle per day. The City received$42,664 in revenues from Allright Beaumont Company during fiscal year 1998. The City wishes to extend our contract with Allright for an additional two-year term. The lease agreement, which remains unchanged from the prior agreement,requires Comprehensive General Liability and Property Damage insurance, including Contractual Liability and Broad Form coverage, with a minimum $ 00,000 combined single limit. In addition, Allright agrees to indemnify the City from any liability or claims that may result from their use of the leased premises. It is recommended that City Council authorize the execution of the attached lease agreement with Allright Beaumont Company for providing parking services for a period of two(2)years beginning April 1, 1999 and expiring March 31, 2001. A copy of the proposed agreement in its substantial form is attached for your review. THE STATE OF TEXAS COUNTY OF JEFFERSON LEASE AGREEMENT THIS AGREEMENT made and entered into by and between the CITY OF BEAUMONT, Texas, a municipal corporation,hereinafter referred to as"CITY,"and ALLRIGHT BEAUMONT COMPANY,a Texas corporation,hereinafter referred to as"ALLRIGHT,"witnesseth: CITY,by these presents,leases and lets to ALLRIGHT, subject to the terms and conditions contained herein,the following described property("leased premises")located in the City of Beaumont,Jefferson County, Texas,to-wit: TRACT ONE:The automobile parking lot located at 600 Main Street within the Civic Center Complex. commonly known as the "North Lot," containing approximately 400 automobile parkin, spaces), as shown in Exhibit A. TRACT TWO:The automobile parking lot located at 500 Main Street upon the Art Museum grounds, commonly known as the "Museum Lot," (containing 40 automobile parking spaces), as shown in Exhibit A. TRACT THREE:The automobile parking lot located at 800 Main Street, south of City Hall,commonly known as the "South Lot," (containing approximately 400 automobile parking spaces), as shown in Exhibit A. TRACT FOUR: The automobile parking lot located northwesterly of the intersection of College and Main Streets at the Public Library,commonly known as the "Library Lot," (containing approximately 50 automobile parking spaces), as shown in Exhibit A. TRACT FIVE: The automobile parking lot located adjacent to the Sterling Pruitt Activity Center in Magnolia Park(containing approximately 110 automobile parking spaces). 1. This lease is for a term of two(2)years,commencing on the first day of April 1999, and ending on the 31st day of March 2001, inclusive. 2. Throughout the period of the term of this lease Allright shall operate an automobile parking lot business on the leased premises for the principal use and benefit of the general public and users of the Civic Center Complex of the City of Beaumont,Texas. Allright may employ the usual appurtenances and equipment for the conduct of that business. a. As to Tract One only,Alh fight shall operate a contract and day parking facility Monday through Friday between the hours of 7:00 A.M. and 6:00 P.M. A parking operation of this type shall be prohibited during all other time periods of this lease. The City may designate fifty (50) spaces,which will be exempt from parking fees assessed by Allright, for museum use. b. As to Tract One, Tract Two, Tract Three and Tract Four of the leased premises, any one or combination of said tracts,or any other location mutually agreed upon, Allright shall operate an"Event Service"parking operation during specific periods requested by the City. Upon at least twenty-four (24) hours notice from the City, Allright agrees to operate all or any combination of the parking tracts as controlled and attended parking lots on any day or days in the lease term as specified in City's said notice. C. As to Tract Five only, Allright shall provide parking services as directed by City during the Southeast Texas State Fair as the same may be scheduled during the term of this lease, and Allright may charge a fee for parking on such lot as established by the City Manager. ' obligation or liability the contra Allri ht s obli a d. Notwithstanding anything m this lease to contrary, g g whatever with respect to or on account of the use made of these Tracts shall be limited to those periods specified herein. 3. Either party, upon thirty(30) days' written notice to the other,may withdraw Tract One, Tract Two. Tract Three,Tract Four,Tract Five, or all of said Tracts, from the provisions of this lease,whereupon Allright shall vacate and surrender such withdrawn Tract or Tracts and rent as to such withdrawn Tract or Tracts shall cease. 4. Either party shall have the right to terminate this lease, effective as of the end of any calendar month. upon thirty(30)days' prior written notice irrespective of the term of this lease. 5. No amendment,modification or alteration of the terms hereof shall be binding unless it is in writing. dated subsequent to the date hereof, and duly executed by the parties. 6. Allright covenants to pay City for each calendar month in the term of this lease for the privilege of operating the contract/day and Event parking services, an amount equal to sixty percent (60%) of the Gross Receipts derived during such month from the parking operation. Said rents are to be due not later than fifteen(15) days after the close of the respective calendar month to which such payments relate, without notice. Allright shall include with the payments a statement of Gross Receipts derived from the contract/day parking operation of Tract One, as well as a written report setting out the amount of Gross Receipts derived from event services during such month from the leased premises (stated separately as to Tract One,Tract Two, Tract Three, Tract Four and Tract Five). Allright shall direct payments to the City of Beaumont, Attention: Manager of Convention Facilities, P. O. Box 3827, Beaumont,Texas 77704. a. "Gross Receipts" as used herein shall mean all amounts paid to and received or collected by Allright from Allright's operations upon the leased premises(including any receipts from the subletting thereof), excluding any and all sales, use, parking or other taxes or levies that Allright is or may become obligated by law to collect from its customers, either directly or indirectly, or which are or may be imposed on the gross receipts from parking or storing automobiles. b. From time to time,upon notice to Allright,City may restrict the parking permitted in Tract One of the leased premises to that related to a Civic Center Complex function or any other special event. 2 7. Allright agrees to keep adequate and satisfactory records of its use and operation of the leased premises, and City shall have access at all convenient times to any of such records of Allright's Gross Receipts for the purpose of examination and study thereof; and City shall have the right at any reasonable time to audit, or have audited at City's expense, such part of any of the aforesaid records as may directly relate to Allright's Gross Receipts derived from the leased premises. 8. The parking rates to be charged by Allright shall not exceed Two Dollars ($2.00) per day per automobile. The foregoing rates are exclusive of any sales,use,parking or other taxes that Allright may be obligated to collect from its customers or which may be assessed with respect to gross receipts derived from the parking operation. Parking rates charges for Event Service parking shall be subject to the discretion of the Manager of Convention Facilities,provided such rates do not exceed that as stated above. 9. Allright shall pay or cause to be paid throughout the term of this lease all taxes and assessments whatsoever levied or assessed against Allright's personal property situated on the leased premises. 10. Allright agrees to take the same care of the leased premises that a reasonable man xould take of his ox�-n property. City may enter the leased premises at all reasonable times to examine the condition of said property. 11. Allright may place and remove improvements,trade fixtures and equipment upon the leased premises. Allright shall not display "Allright" or "Allright Parking" site signs on the leased premises; signs displayed on the leased premises shall be limited to information and directions; that is,parking rates, payment procedures, traffic directions,etc. 12. Allright shall at all times during the lease maintain in full force and effect Comprehensive General Liability and Property Damage Insurance including Contractual Liability and Broad Form Coverage with a minimum$500,000 Combined Single Limit. Statutory Workers' Compensation insurance shall also be maintained. With respect to such insurance, City shall be named as an additional insured. Allright shall furnish City with certificates evidencing such insurance to be in force. Allright may maintain such insurance under a blanket policy or policies. 13. All past due rents shall bear interest at ten percent (10%) per annum from date due until paid. All property of Allright placed on the leased premises shall be subject to a lien in favor of City for the payment of all rents or other sums agreed to be paid by Allright. 14. Should it become necessary to collect any rents due hereunder by legal proceedings, Allright agrees to pay an additional amount to cover City's court costs and reasonable attorney's fees with respect thereto. 15. If Allright makes default in the performance of any of its obligations hereunder and remains in default with respect thereto for ten(10) days after receipt of notice in writing pointing out such default, or if Allright be declared bankrupt, or if a receiver be appointed for Allright, or if Allright attempts to transfer this lease for the benefit of creditors, City may at its option declare this lease terminated immediately or at any time thereafter while such default or contingency continues and may thereupon without further notice enter upon the leased premises and take possession thereof. No waiver by City of any breach of any of the covenants to be performed by Allright shall be construed as a waiver of any other breach of any of the covenants of this lease. 3 16. Allright shall have no power to do any act or to make any contract that may create or be the foundation for any lien upon the leased premises; should any such lien be created and filed,Allright,at its own cost and expense, shall liquidate and discharge the same in full within thirty (30) days next after filing thereof. 17. Allright will procure at its expense such utilities and services as deemed necessary and will pay promptly all charges therefor and will not permit same to accrue against City or the leased premises. 18. Allright agrees to comply with all valid laws,ordinances,codes and regulations of any governmental authority having jurisdiction, applicable to Allright's occupancy or use of said premises. Allright covenants and agrees to indemnify and hold City harmless from any and all liability or claims for injuries to any person, including death, resulting therefrom, or for damage to or destruction of the property of any person which may be sustained on or within the leased premises during any period that Allright is in possession thereof,but not otherwise,and such indemnity shall expressly extend to claims alleging negligence on the part of the City, its agents, officers or employees. 19. City shall not be liable to Allright. its employees, customers,nor the public for any defect in the leased premises, whether existing at the time of Allright's acceptance of same or developing thereafter, no for any injury or damage that may occur from the elements, and Allright will indemnify and hold City harmless from all liability or claims made against City, its officers, agents or employees with respect thereto. 20. o t agreed and shall operate and be construed as a tenancy from month to month at the samelrent expiration as due of this lease shall operat during the last month of the lease term. 21. This agreement shall inure to the benefit of and be binding upon the respective parties, their successors and assigns. 22. Any notice which City or Allright may be required or may desire to give to the other shall be in writing and shall be sent by registered or certified mail to: City of Beaumont Allright Beaumont company (Attn: City Manager) 470 Orleans, Suite 911 P. O.Box 3827 P. O.Box 3163 Beaumont,Texas 77704 Beaumont,Texas 77704 IN WITNESS WHEREOF, the parties hereto have executed this lease agreement in multiple originals the day of 1999. CITY OF BEAUMONT ALLRIGHT BEAUMONT COMPANY By: By. Ray A. Riley, City Manager David Lee,President Attest: Attest: 4 EXHIBIT A LEASED AREA ART nuscum �J N . . TRACT 1 TRACT 2 FORSYTHE I t CIVIC CENTER TRACT 4 I I -'- CITY HALL I I 1 � I I t%JMICIPAL I LIBRARY TRACT 3 J COLLEGE : : : : TRACT 3 E INTER-OFFICE MEMORANDUM - -----— `' City of Beaumont,Texas Engineering Division Date: March 15, 1999 To: Ray A. Riley,City Manager From: Tom Warner, Director of Public Works Subject: AGENDA ITINERARY- CITY COUNCIL ACTION REQUESTED APPLICATION FOR LICENSE TO ENCROACH COMMENTS Earth Analytical Sciences,Inc.has submitted an application for a License to Encroach onto the City's sixty foot wide Ward Drive right-of-way. They are the lessee of Lot 2,Block 1,and Lot 2,Block 2 of the Cardinal City Commercial Development which is located at 4825 Ward Drive. A telecommunications line is being installed to connect the office across Ward Drive. The encroachment is 4.0 feet in width and extends westerly across the City's sixty foot wide Ward Drive right-of-way. A copy of the application, a plat depicting the encroachment, and comments from the utility companies and City departments with an interest in the easement are attached. The License Agreement protects the City from liability and provides a thirty(30)day cancellation clause. There is a one-time fee of$500.00 for the License to Encroach. It is recommended that a resolution be adopted authorizing the City Manager to execute a License to Encroach Agreement with Earth Analytical Sciences,Inc.on an encroachment 4.0 feet in width across a portion of the City's sixty foot wide Ward Drive right-of-way between Lot 2,Block 1,and Lot 2,Block 2 of the Cardinal City Commercial Development. J�7.1ti. Tom Warner TW:JPC:ml Attachments EARTH® I-W,-11-1999 1-4:10 EAS 409 e42 9^93 P.0?.'02 APMCATrON FOR LICENSE TO ENCROACH CITY OF BEAUMONT, TEXAS NAME OF Earth Analytical Sciences , Inc . /William H. Robbins ADDRESS 4825 Ward Dr . Bmt. , Texas PHONE 842-0658 AUTl op= OF APPLICANT Lessee NAIM OF OWNER Wilson Realty ADDRESS 2615 Calder #550, Bmt . , Tx PROM 833-1908 LEGAL DESCRIPTION OF OWNER'S PROPERTY (LOTS, BLACKS, SUBDIVISION) TO BE SERVED BY EASEMENT OR RIGHT-0F-WAY Between' Lot 2 Block 2 and Lot 2 Block 1 of Cardinal City Commercial Development . DESCRIPTION OF OR RI(AT-0FLWAY DMOLVED Ward Drive R i Q h t of-Way . PRESENT USE OF OR RIGHT-OF-WAY a= UTIU I 'M S IF PRFSENi) Street Right-of-Way. — USE OF FAMCENT OR RIG -W WAY DESIRED BY OWNER I=a 11 telecommunication line to connect office across Ward Dr . ATTACH A MAP OR PLAT DELINEAM NG THE EASEMU47 OR PUBUIC RLGHT.01g. WAY (DWENWONED AND TO ENGME!?MG SCALE). COST TO BE PAID FOR LICENSE TO ENCROACH - S.S00 - PAYABLE ONE WEEK PRIOR TO CITY COUNCIL MEETING AT WHICH COUNCIL IS TO CONSIDER APPROVAL, SIGNATURE LICENSE TO ENCROACH SUBJECT WARD DRIVE RIGHT-OF-WAY FOR THE INSTALLATION OF A 69 FPa� TELECOMMUNICATIONS LINE BETWEEN LOT 2. BLOCK 1 CgRDINA AND LOT 2. BLOCK 2 DRjVE OF THE CARDINAL CITY COMMERCIAL DEVELOPMENT 124 z � A Q � APPLICANT: CANAL 3 EARTH ANALYTICAL SCIENCES. INC. - LEGEND SUBJECT PROPERTY. L❑CATI❑N MAP N.T.S. CA RD,N 3�•0e °8 At D R1 VE ti N.T.S. to -60- -- Ki M I ti ti t _ tO N o+ coo m nn 242.96 155.00 2 2 0 N O4' ENCROACHMENT 2 225 O � AGCCCDEN COMMENTS FROM DEPARTMENTS AND/OR UTILITY COMPANIES FOR LICENSE TO ENCROACH APPLICATION PROPERTY DESCRIPTION: Ward Drive right of way 386 feet to 396 feet south of South right of way line of West Cardinal Drive (4825 Ward Drive) APPLICANT: Earth Analytical Sciences, Inc. DATE OF DISTRIBUTION: 3-11-99 (1) . Joris P. Colbert, City Engineer Date Received: 3-12-99 Acceptance and approval . (2) . Don Burrell, Code Enforcement Date Received: 3-11-99 Acceptance and approval . (3 ) . Micky Bertrand, Fire Dept . Date 1Recei, ed: 3 -12-99 Acceptance and approval . (4) . S . A. Webb, Water Utilities Date Received: 3-12-99 Acceptance and approval . (5) . Steven Richardson, Planning Dept . Date Received:3-11-99 Acceptance and approval . (6) . Mark Horelica, Acting Traffic Eng. Date Received: 3-11-99 Acceptance and approval . (7) . Jeff Steely, ENTEX Corporation Date Received: 3-12-99 Acceptance and approval . Reliant Emergy Entex has no objection to the encroachment of the property description above . (8) . James Bryant, Entergy Date Received: 3-15-99 Acceptance and approval . (9) . Steve Bush, Southwestern Bell Telephone Company Date Received:3-12-99 SWBT Company has informed the City that they will pursue a separate and independent license agreement with the property owners for an additional fee . (10 . ) Richard LeBlanc, DD #6 Date Received: 3-12-99 Acceptance and approval . (11 . ) Tyrone Cooper, Legal Department Date Received: 3-15-99 Acceptance and approval . • CITY OF BEAUMONT OtPUBLIC WORKS EL INTER-OFFICE MEMORANDUM Date: 18 March 1999 TO: Ray Riley, City Manager FROM: Tom Warner, Director of Public Works SUBJECT: COUNCIL AGENDA ITINERARY - BROWNSTONE SUBDItiISION COMMENTS Final inspection of water, sanitary sewer, storm sewer and street improvements constructed in Brownstone Subdivision was made by the Engineering Division and the Water Utilities Department. . These improvements were found to be complete with the exception of streetlights. The developer has provided proof of payment to Entergy for the streetlights. Street and Storm Sewer Improvements: Taft Street from existing West Lucas Drive west approximately 555 feet to 3- OM- 4P end of road markers. Storm Sewers from Taft Street south approximately 900 feet to a Drainage District No. 6 ditch. Water and Sanitary Sewer Improvements: Lots 1 - 5, Block 1 Lots 1 - 6, Block 2 A Sanitary Sewer Lift Station rear of Lot 5 It is recommended that City Council pass a resolution accepting these improvements for City maintenance, contingent on filing of final plat complete with proper filings of dedication of all rights- of-way and easements required on preliminary and final plats. • -jp Tom Warner TW:JPC:rgm DOM z�? ti F ~ Rd BALDWI L' w OAK GROVE COLLIER N\' A BROWNSTONE , = SUBDIVISIO N 69 C' ti 96 Q FOLSOM • ARTHUR 287 i COOLIDGE ¢ LNG TAFT MP¢ rngnirm P - UTTL D WTH AS E-- tn W W N- oA 3 3 - CHAD I Z < 3 DIANE= BLACKMON TH cGi N -1 A W Wut�heri g r LE- TH MA 3 Q He g k H T Park DEL WARE BROWNSTONE SUBDIVISION CITY OF BEAUMONT REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS March 23, 1999 1:30 P.M. BARBARA LIMING CITY CLERK AGENDA CITY CLERK'S OFFICE OPENING • Invocation Pledge Roll Call • Presentations and Recognition • Public Comment: Persons may speak on scheduled agenda items (excluding 2-6) • Consent Agenda GENERAL BUSINESS 1 . Consider an ordinance authorizing_ promissory notes in the aggregate principal amount of 511,000,000 and a contract for Loan Guarantee assistance under Section 108 of the Housing and Community Development Act of 1974 as amended 2. Consider a request for a zone change from GC-MD (General Commercial-Multiple l Family Dwelling) District to C-M (Commercial-Manufacturing) District for property on Lindbergh Drive from College Street to Washington Boulevard 3. Consider a request for a zone change from RM-H (Residential Multiple Family ' Dwelling-Highest Density) and GC-MD (General Commercial-Multiple Family Dwelling) to LI (Light Industrial) District for two blocks in the Oakwood Addition / 4. Consider a request for a zone change from RS (Residential Single Family Dwelling) to RM-H (Residential Multiple Family Dwelling-Highest Density) District and a �9 specific use permit for a professional office building at 7685 Highway 105 5. Consider a request for a specific use permit to allow boat and RV storage buildings in a GC-MD (General Commercial-Multiple Family Dwelling) District at 9405 College Street 6. Consider a request for a six-month extension on a specific use permit granted to allow a drinking place in a GC-MD (General Commercial-Multiple Family Dwelling) District at 6955 College Street 7. Consider a request to abandon portions of Grove Street, Madison Avenue, Van �1 Buren Avenue and utility easements in Block 6 and 15, Oakwood Addition to allow for the proposed co-generation plant to be built by Mobil Oil • �� ,_ 8. Consider amending Section 6-21 of the Code of Ordinances related to moving I residential structures I- r� 9. Consider a request from the Chamber of Commerce for economic development funding • 10. Consider removing Ward I and Ward II positions from the ballot for the May 4, 1999 General Election as a result of the incumbent councilmembers serving these two wards being unopposed 11. PUBLIC HEARING: Federal Transit Administration (FTA) Section 9 Grant Consider authorizing a contract to receive Federal Transit Administration funds I ° and adopting a new fare structure for the Special Transit Services (STS) Program r.."12. Consider an ordinance declaring three structures to be dangerous and ordering the owners to raze the structures within 30 days COTMN1ENTS * Councilmembers comment on various matters * Public Comment (Persons are limited to 3 minutes) RECESS FOR BEALT.NMONT HEALTH FACILITIES DEVELOPMENT CORPORATION * Recess Council meeting and convene meeting of the Beaumont Health Facilities Development Corporation to consider: Resolution approving the redemption of Beaumont Health Facilities Development Corporation $2,500,000 Health Facility Development Revenue Bonds, Series 1984 (Southeast Texas Surgical Center Health • Facility), and $500,000 Health Facility Development Revenue Bonds, Series 1984-A (Southeast Texas Surgical Health Facility) EXECUTIVE SESSION * Consider matters related to employment, evaluation and duties of a public officer or employee in accordance with Section 551.074 of the Government Code: City Manager 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 March 23, 1999 Consider an ordinance authorizing promissory notes in the aggregate principal amount of$11,000,000 and a contract for Loan Guarantee Assistance under Section 108 of the Housing and Community Development Act of 1974 as amended The attached ordinance authorizes promissory notes in the aggregate principal amount of Sl 1.000.000 tivhich is the Section IOS line of credit the Cite has. The Council has committed Section IOS funds totaling S8,175,000 as follows: 53.175 million for Hotel Beaumont; S3.0 million for Crockett Street; and $2.0 million for the Jefferson Theatre restoration. The ordinance also authorizes the execution of a contract for Loan Guarantee Assistance between the City and the Secretary of Housing and Urban Development, as the Guarantor, in reference to the payment • of the Notes. Once the notes are executed, they will be delivered to the Attorney General of the State of Texas for approval as required. ORDINANCE NO. ORDINANCE AUTHORIZING PROMISSORY NOTES IN THE AGGREGATE PRINCIPAL AMOUNT OF $ TOGETHER WITH THE CONTRACT FOR LOAN GUARANTE ASSISTANCE UNDER SECTION 108 OF THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974, AS AMENDED,-43-- -- - U.S.C., SECTION 5308, IN CONNECTION THEREWITH THE STATE OF TEXAS COUNTY OF JEFFERSON § - THE CITY OF BEAUMONT § WHEREAS, The City of Beaumont, Texas (the "City") has adopted a community development program in accordance with Chapter 373 of the Texas Local Government Code, and the City is desirous of issuing notes pursuant to Section 373.005 of the Texas Local Government Code to implement the program for the acquisition, construction and improvement or rehabilitation of privately owned buildings or other improvements in an approved community development program that the City has determined to be a public program, and the City is also the recipient of federal funds which may be used for these purposes in accordance with the Housing and Community Development Act of 1974, as amended, 42 U.S.C. Section 5308, as managed by the United States Department of Housing and Urban Development; and WHEREAS, the City deems it advisable to authorize, issue and sell the Notes hereinafter authorized in the aggregate principal amount of $ for these purposes; Now, Therefore BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT, TEXAS: 1. Findings and Determinations. The City Council hereby finds and determines that the facts and recitations-conlained in the preamble of this Ordinance are true and correct. 2. Authorization. The City is hereby authorized to execute and deliver 1 MU UMM"OX DOCUMENTSSOWNWAUMM SECTION 108 FrNANCI NC 1999%0RDWA M00C the following described promissory notes (the w Notesw) in the total aggregate principal amount of $ , true and correct copies of which Notes are attached hereto as Exhibit "A and incorporated herein by reference: Note Number Maturity Date Principal Amount B-97-MC-48-0003 August 1, 2002 $190,000 B-97-MC-48-0003 August 1, 2003 $210,000 B-97-MC-48-0003 August_1.-2004 $290,000 B-97-MC-48-0003 August 1, 2005 $360,000 B-97-MC-48-0003 August 1, 2006 $390,U0(Y - -- - B-97-MC-48-0003 August 1, 2007 $420,.000 B-97-MC-48-0003 August 1, 2008 $450,000 B-97-MC-48-0003 August 1, 2009 $560,000 B-97-MC-48-0003 August 1, 2010 -- - - $600,000-- B-97-MC-48-0003 August 1, 2011 $650,000 B-97-MC-48-0003 August 1, 2012 $700,000 B-97-MC-48-0003 August 1, 2013 $750,000 B-97-MC-48-0003 August 1, 2014 $920,000 B-97-MC-48-0003 August 1, 2015 $980,000 B-97-MC-48-0003 August 1, 2016 $1,060,000 B-97-MC-48-0003 August 1, 2017 $1,100,000 B-97-MC-48-0003 August 1, 2018 $1,370,000 3. Contract for Loan Guarantee Assistance. The City is hereby authorized to enter into and execute that certain Contract for Loan Guarantee Assistance (the "Contract") between the City, as Borrower, and the Secretary of Housing and Urban Development (the "Secretary), as the Guarantor, in reference to the payment of the Notes, a true and correct copy of which Contract is attached hereto as Exhibit "Bw and incorporated herein by reference. The City is further authorized to perform all of its obligations under the Contract and to enter into, execute and deliver such documents and instruments that are required under the terms of the Contract. The City shall use the proceeds of the Notes to finance the projects authorized under the terms of the Contract and the City is authorized to enter into any such loan agreements, security agreements, mortgages and other agreements and instruments as the City determines to be appropriate for such purpose. 4. Replacement Notes. In accordance with the terms of the Contract, the City is authorized to execute and delivery new notes (the "Replacement Notes") in exchange for the --Notes, repayable—in--principal installments at time and in amounts identical to the maturities of all amounts advanced under the Notes prior to the date of exchange, unless another schedule for repayment and/or a different rate of interest is agreed to by the City and the Secretary and in that case the new agreed repayment schedule and/or 2 %WTUWICWOx OOCUMEWS%BONO BEAUW*a sECTON 105 FKANCrNG 19990tDOWICEDOC new agreed interest rate shall apply and the City is hereby authorized to agree to any such new repayment schedule and/or new interest rate; provided, however, the new agreed repayment schedule and/or new agreed interest rate shall not exceed the net effective interest rate payable on public securities within the meaning of Tex. Rev. Civ. Stat. Ann. Article 717k-2 (the "Texas Maximum Rate7. The City is further authorized, upon receipt of written notice from the Secretary, to execute and deliver to the Secretary the Replacement Notes and a new Contract for Loan Guarantee Assistance containing such modifications as deemed necessary by the Secretary to permit issuance of trust certificates or other obligations backed by a pool composed_9f.the Replacement Notes (and similar notes issued by other Section 108 borrowers); provide,W6w6v—er, the interest rate under such Replacement Notes shall not exceed the Texas Maximum Rate. 5. Fiscal Agency Agreement. The City is hereby authorized to enter into and execute and to perform all of its obligations under that certain Fiscal Agency Agreement between the City, as Borrower, and Chase Manhattan Bank, as Fiscal Agent, a true and correct copy of which Agreement is attached hereto as Exhibit "C" and incorporated herein by reference. 6. Execution of Notes. The Notes shall be signed by the Mayor and countersigned by the City Clerk or Deputy City Clerk, by their manual signatures, and the official seal of the City shall be impressed or thereon. If any officer of the City whose manual signature shall appear on the Notes shall cease to be such officer before the authentication of such Notes or before the delivery of such Notes, such manual signature shall nevertheless be valid and sufficient for all purposes as if such officer had remained in such office. 7. Approval by Attorney General Registration by Comptroller. The Notes shall be delivered to the Attorney General of Texas for approval and shall be registered by the Comptroller of Public Accounts of the State of Texas. The manually executed registration certificate of the Comptroller of Public Accounts shall be attached or affixed to the Notes. 8. Further Proceedings. After the Notes to shall have been executed, it shall be the duty of the Mayor and other appropriate officials and agents of the City to deliver the Notes and all pertinent records and proceedings to the Attorney General of the State of Texas, for examination and approval. The Mayor, the City Clerk, the Deputy City Clerk, the City Manager and all other officers and officials of the City are hereby directed and authorized to do any and all things necessary in order to accomplish the issuance of the Notes and the securing of same all in accordance with the Contract and the provisions of applicable law. 9. Open Meeting. It is hereby officially found and determined that the meeting at which this Ordinance was adopted was open to the public, and public 3 S \Ml R"%*CIFOX OOCUME SECTION 106 FINMJCNG 19104R0I NMMDOC notice of the time, place and purpose of said meeting was given, all as required by Chapter 551, Texas Government Code. 10. Interpretations. All terms defined herein and all pronouns used in this Ordinance shall be deemed to apply equally to singular and plural and to all genders. The titles and headings of the sections of this Ordinance have been inserted for convenience of reference only and are not to be considered a part hereof and shall not in any way modify or restrict any of the terms or provisions hereof. This Ordinance and all of the terms and provisions hereof shall be liberally construed to effectuate the purposes set forth herein and to sustain the validity of the Notes. [The remainder of this page has intentionally been left blank.] 4 1WITUTANICIFOX DOCI LWXTS%BONO6EAUMONT SECTION 100 FINANCING 19091 MINOWCEDOC PASSED AND APPROVED this 16th day of March, 1999. Mayor The City of Beaumont ATTEST: City Clerk The City of Beaumont (SEAL) 5 sW1UTUWICWOX DDCUOENTS%00N00EAU"ff SECTION 100 F*&Q CM 199WXXtD0 VrCE.DOC EXHIBIT "A" Form of Notes EXHIBIT $'B" Form of Contract for Loan Guarantee Assistance • EXHIBIT "C" Form of Fiscal Agency Agreement i 2 March 23, 1999 Consider a request for a zone change from GC-MD (General Commercial-Multiple Family Dwelling) District to C-M (Commercial-Manufacturing) District for property on Lindbergh Drive from College Street to Washington Boulevard The properties being considered for a zone change from GC-MD to C-M are all the platted lots in Block ? INTER-OFFICE MEMORANDUM .A EL City of Beaumont,Texas Planning Division Date: March 16, 1999 To: Ray A. Riley, City Manager From: Stephen C. Richardson, Planning Director o4r-� Subject: AGENDA ITINERARY FOR MARCH 23, 1999 -REQUEST FOR A ZONE CHANGE FROM GC-MD (GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING) DISTRICT TO C-M (CO.\i'\1ERCL4L-iviANUFACTURING)DISTRICT FOR PROPERTY ON LINDBERGH DRIVE FROM COLLEGE STREET TO WASHINGTON BOULEVARD. COMMENTS City Council is asked to consider a request for an 80 acre rezoning of land along either side of Lindbergh Drive between College Street and Washington Boulevard from GC-MD to C-M District. The properties being considered for a change from GC-MD to C-M are all the platted lots in Block 7 and the west half of Block 6, Caldwood Acres Addition. The address ranges on College and Washington are in the 5500-5600 blocks. The addresses on Lindbergh from College south to Washington(4400 R. or .83 mile) range from the 1000 block through the 1600 block. Over the years much of the property along Lindbergh has been converted from residential and agricultural uses to heavy commercial and industrial land uses. There are very few occupied residential structures remaining. Changing the 80 acres to C-M will bring many of the existing businesses on the street into zoning compliance. This will also save area business people desiring to develop new or build expansions to existing businesses much time and money by ending the requirements for additional zone changes and specific use permits, public hearings and other delays. There were 122 notices mailed out to property owners within a 200 foot radius. Seventy-one (71) went to the tax payers inside the zone study area. There were 52 notices sent to those within 200 feet but outside the study area. Five responses in favor and none in opposition were returned. Several months ago, the staff received petitions bearing the signatures of sixty-two property owners along Lindbergh between College and Washington. These petitioners requested that their properties be rezoned to better reflect the actual heavy commercial and light industrial land uses now in existence. At a Joint Public Hearing held March 15, 1999, the Planning Commission voted 5:0 to approve the zone change from GC-MD to C-M for 80 acres along either side of Lindbergh from College to Washington Boulevard. Exhibits are attached. 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) TO C-M (COMMERCIAL-MANUFACTURING) DISTRICT FOR PROPERTY LOCATED ON LINDBERGH DRIVE FROM COLLEGE STREET TO WASHINGTON BOULEVARD, 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 30-513 thereof, is hereby amended by changing the zoning of property presently zoned as GC-MD (General Commercial-Multiple Family Dwelling) to C-M (Commercial-Manufacturing) District for property located on Lindbergh Drive from College Street to Washington Boulevard, being Lots 5 through 51, Block 6, Caldwood Acres Addition, and Lots 1-476, Block 7, Caldwood Acres Addition, Beaumont, Jefferson County, Texas, as shown on Exhibit "A" attached hereto, 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. f ordinances in conflict herewith are repealed to the That all ordinances or parts o p 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 day of 11999. - Mayor - -� 1 1 1 1 • 1 1 • 1 1 • / 1 11 II' 1 1 11 /1 _ "-_ (jj�• 1 1 // � 1 • 1 1 11 11 1 1 • 1 �` 1 / 1 1 1 1 / • 1 i 1 1 1 1 1 1 / / 1 1 -, 1 1 1 1 1 i • 1 1 1 1 1 1 1 1 © 301 rJI:••• p •1p111 .� /�� �♦. �1 11�11 If 1 11�O � �!' -�: - �1 • -- - - Illhllllu-ll�hu IUI iilnntll, .r�••<p� �©� a0,� III 1111 NNE 1 J ,'.lII ��1 nI' ,' ll 1111...= fill 11111 OQ�t � 1_ •if�llil''. •;'Piulf, �- polo •.r1-1.11 @1 1 f .�f11 .1i'fIN..•1��I'O!L rlIIII[11i�-11i�1 a©� - coal I *);1:I lli all li•��III i'.I_� �il_I �e�� �:� ::I�l1ll{i�lll�(!I{i;a;illl�Illlilllllillll�: � • Lin Cif :.1!!.1 I ..l.I.I•. /.IV.,I•• - �.�. =e"ee = �� �•tlo 11111101 1.0 ACCIUMI mom��� E33=3 COC311 SO LMM -� �f♦• �• �-'�,'�, x"11 j, �9 fAL1►11.1 IH►11.•J -•_ ,at1t.`•....e-1•'{_ F • .-r�.• "�'S't.��. � �� -fie- • . -yam`ly..�• ��.. a I `��� •--� � • 9''' 1 Vb •ICY 3 March 23, 1999 Consider a request for a zone change from RM-H (Residential Multiple Family Dwelling-Highest Density) and GC-MD (General Commercial -Multiple Family Dwelling) to LI (Light Industrial) District for two blocks in the Oakwood Addition Mobil Oil plans to construct a co-generation plant to produce electric power to use at the refinery in case of emergencies. Excess power will be sold back to Entergy. The operation will be steam and gas driven from byproducts produced at the refinery. The electrical energy produced will be an alternative power source. The property in question is bound on the north by Doucette Avenue and on the south by Van Buren Avenue. The boundary on the east is Grove Street with Holly Street on the west. The total of the 30 lots and the two former alleys in Blocks 6 and 15, ! Oakwood, equals 5.14 acres of land. At a Joint Public Hearing held March 15, 1999, the Planning Commission recommended approval of the zone change request. A copy of the staff report is attached for your review. INTER-OFFICE MEMORANDUM A OL City of Beaumont,Texas Planning Division Date: March 16, 1999 To: Ray A. Riley, City Manager From: Stephen C. Richardson, Planning Director 44" Subject: AGENDA ITINERARY FOR MARCH 23, 1999-REQUEST FOR A ZONE CHANGE FROM RM-H(RESIDENTIAL MULTIPLE FAMILY DWELLING-HIGHEST DENSITY)AND GC-MD (GENERAL COMMERCLAL-'MULTIPLE FAMILY DWELLING) TO LI (LIGHT INDUSTRIAL) DISTRICT FOR TWO BLOCKS IN THE OAKWOOD ADDITION FOR THE MOBIL OIL CORPORATION. COMMENTS City Council is asked to consider a zone change request from RM-H(Residential Multiple Family Dwelling-Highest Density) and GC-MD (General Commercial-Multiple Family Dwelling) to LI (Light Industrial) District for two blocks in the Oakwood Addition for the Mobil Oil Corporation. Mobil Oil Corporation plans to construct a co-generation plant to produce electric power to use at the refinery in case of emergencies. Excess power will be sold back to Entergy. The operation will be steam and gas driven from byproducts produced at the refinery. The electrical energy produced will be an alternative power source. The plant as proposed will extend south of Van Buren Avenue to the Kansas City Southern Railroad, also being the corporate limits of Beaumont. This property south of Van Buren is zoned LI and is Mobil Oil property. Mobil Oil has acquired all of Lots 1-16, Block 6 and Lots 1-14, Block 15, Oakwood Addition. The company is in the process of purchasing the two remaining lots 15 and 16, Block 15 at this time. This property is bound on the north by Doucette Avenue and on the south by Van Buren Avenue. The boundary on the east is Grove Street with Holly Street on the west. Madison Avenue bisects the two platted blocks from Grove to Holly. The total of the 30 lots and the two former alleys in Blocks 6 and 15, Oakwood, equals 5.14 acres of land. Houses and other structures now occupying the lots are being demolished or removed to clear the land. The City's Comprehensive Plan shows this property as an area of Conservation and Revitalization. The Charlton- Pollard Neighborhood Plan shows the area to be rezoned as"Light Industrial"south of Madison Avenue and east of Carroll Street to Grove Street. East of Grove is shown as"Heavy Industrial." North of Madison the neighborhood plan proposes commercial and commercial/warehousing. Thirty-three notices were sent to property owners within 200' of the subject property. No responses in favor or in opposition were returned. At a Joint Public Hearing held March 15, 1999, the Planning Commission voted 5:0 to approve the zone change from RM-H and GC-MD to LI for two blocks in the Oakwood Addition for the Mobil Oil Corporation. Exhibits are attached. 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 TWO BLOCKS PRESENTLY ZONED RM-H (RESIDENTIAL MULTIPLE-FAMILY DWELLING-HIGHEST DENSITY) DISTRICT TO LI (LIGHT INDUSTRIAL) DISTRICT LOCATED IN THE OAKWOOD ADDITION IN 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 30-513 thereof, is hereby amended by changing the zoning of property presently zoned as RM-H (Residential Multiple Family Dwelling) District to LI (Light Industrial) District located in the Oakwood Addition and described as all of Lots 1-16, Block 6, Oakwood Addition and Lots 1-14, Block 15, Oakwood Addition, D. Brown Survey, Ab-5, containing 5.14 acre of land, as described on Exhibit "A" attached hereto, in Beaumont, Jefferson County, Texas, and made a part hereof for all purposes, 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 of phrase of this ordinance, or the application of same to a particular set of persons or circumstances, should for any reason be held to be invalid, such invalidity shall not affect the remaining portions of this ordinance, and to such end, the various portions and provisions of this ordinance are declared to be severable. Section 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 _ day of 1999. - Mayor - _u � r .r • e 11 ..r • r •r• � � • In •_ •� . .. • _t • • • • • • . • r • • • ' •r • . • • • • • Dow 2n %/%//� i // o . . 0. s. jj�' low , Now 4 March 23, 1999 Consider a request for a zone change from RS (Residential Single Family Dwelling) to RM-H (Residential Multiple Family Dwelling-Highest Density) District and a specific use permit for a professional office building at 7685 Highway 105 Thz applicant, Fittz and Shipman, Inc. are consulting engineers for the property owner, Jerry P. Lack. The o��tier «ishes to constrict a 4S' x 32' (1536 sq. ft.) office building on the front of his 100' x 312' lot in the Neches Terrace Addition. The lot extends from Highway 105 to Tolivar Road. At a Joint Public Hearing held March 15, 1999, the Planning Commission recommended approval of the zone change and specific use permit with a modification to the landscaping and screening requirements. A copy of the staff report is attached for your review. • INTER-OFFICE MEMORANDUM A IL City of Beaumont,Texas Planning Division Date: March 16, 1999 To: Ray A. Riley, City Manager From: Stephen C. Richardson, Planning Director 04446 Subject: AGENDA ITINERARY FOR MARCH 23, 1999 - REQUEST FOR A ZONE CHANGE FROM RS (RESIDENTIAL SINGLE FAMILY D)VELLING) TO Rbi-H (RESIDENTIAL MULTIPLE FAMILY DWELLING-HIGHEST DENSITY) DISTRICT AND A SPECIFIC USE PERAUT FOR A PROFESSIONAL OFFICE BUILDING AT 7685 HIGHWAY 105. COMMENTS City Council is asked to consider a zone change request from RS (Residential Single Family Dwelling) to RM-H (Residential Multiple Family Dwelling-Highest Density)and a specific use permit to allow a one-story professional office building at 7685 State Highway 105. The applicant, Fittz and Shipman, Inc., are consulting engineers for the property owner, Jerry P. Lack. The owner wishes to construct a 48' x 32' (1536 sq. ft.) office building on the front of his 100' x 312' lot in Neches Terrace Addition. The lot extends from Highway 105 to Tolivar Road. He plans a future 20' x 32' extension to the west side of the building, which will expand the total building area to 2,176 square feet. The applicant has asked for a modification of the required screening on the west side of his lot. There is an existing gymnastics facility immediately next door to the east on Lot 13 which is already zoned RM-H. Mr. Lack resides in a house on Lot 15. He feels that a fence and buffer in this situation is not warranted on the west side of the lot in question. If the specific use permit is granted as submitted, City Council will need to approve a modification of the screening and landscaping requirements, i.e., an 8' tall private fence and a 10' wide landscaped buffer with trees between Lots 14 and 15. Thirteen notices were sent to property owners within 200' of the subject property. No responses in favor and one in opposition were returned. At a Joint Public Hearing held March 15, 1999, the Planning Commission voted 5:0 to approve the zone change from RS to RM-H and a specific use permit to allow a professional office building at 7685 Highway 105 with a modification to the landscaping and screening requirements. wExhibits are attached. 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, PRESEN BLY CHANGING ZONED RSHEREOS DIENT AL PROPERTY SINGLE FAMILY DWELLING) DISTRICT TO RM-H (RESIDENTIAL MULTIPLE FAMILY DWELLING-HIGHEST DENSITY) DISTRICT, LOCATED AT 7685 HIGHWAY 105, 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) to RM-H (Residential Multiple Family Dwelling-Highest Density) for property located at 7685 Highway 105, as shown on Exhibit "A" attached hereto, being Lot 14, Neches Terrace Addition, Beaumont, Jefferson County, Texas, containing 0.72 acres of land, more or less, and made a part hereof for all purposes, 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 of phrase of this ordinance, or the application of same to a particular set of persons or circumstances, should for any reason be held to be invalid, such invalidity shall not affect the remaining portions of this ordinance, and to such end, the various portions and provisions of this ordinance are declared to be severable. Section 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 _ day of 1999. - Mayor - ,r FILE 1443-71P: Request for a zone change from RS (Residential Single Family DacUing) NORTH district to%M-H (Residential Multiple Family Dwelling- High Nnsity) and a specific use permit for a 1-storm professional office building. A Location: 7685 Highway 105 sCALF .applicant: Fittz and Shipman for Jerry Lack. t'•-2�r� e7�, GC - MD M .H tw;gj • ..:, 'fit;�'-�"j—��.'.,.1,•d ir�s:. STATE HWY 105 R• �, . SUBJECT I f MUM O • 1 O � 1 � f � I p ' �, U } i r oc ivo w 7 7CC TOLIVAR ROAD ' ° z Y TALL PINE let j Is z z se e ORDINANCE NO. ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A PROFESSIONAL OFFICE BUILDING DISTRICT IN AN RM-H (RESIDENTIAL MULTIPLE FAMILY DWELLING-HIGHEST DENSITY) DISTRICT LOCATED AT 7685 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 Jerry Lack to allow a professional office building located in an RM-H (Residential Multiple Family Dwelling-Highest Density) District located at 7685 Highway 105, being Lot 14, Neches Terrace Addition, containing 0.72 acres, more or less, as shown on Exhibit "A", attached hereto in Beaumont, Jefferson County, Texas; 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 all conditions necessary for issuance of a specific use permit have been met and a specific use permit to allow a professional office building at 7685 Highway 105, being Lot 14, Neches Terrace Addition, containing 0.72 acres, more or less, as shown on Exhibit "A', attached hereto in Beaumont, Jefferson County, Texas, is hereby granted to Jerry Lack, his legal representatives, successors and assigns for that certain tract shown on Exhibit "A' attached hereto and made a part hereof for all purposes, subject to the above conditions. 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 hereinatove 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 day of 1999. - Mayor - FILE 1443-ZIP: Request for a zone change frorn RS (Residential S' F NORTH district to RM-H(Residential Multiple Family Dwelling Family Dwelling) _ Ihng- High Density) and a specific use . for a 1-stop•professional office building. cation: 7685 Highway 105 scaLF .applicant: Finz and Shipman for Jerry Lack. IN I IN D GC - MD r. H "M S 7I T( ' ••~i{,� ce ' STATE HWY 105 A SUBJECT �, f } roc/v��► col g � I l i i � 7� TOLI VAR ROAD fi h• • • �I P I / PAIS . ► y .� • ° • S TALL PINE • J S z o J % ~ , J t 8 Q M • Mi ae•�a aw R•uu 1 1� • sftL V.w 4N ' � a q • e � R m 1 LOT 14 �y • Q, 46MMER4M. )ttly LRCl, 12�g GytA ,o a p � O .j V&j 1 ~ 1 a 1 . T� ■ p4p e � Q • jr _ a O ow C3 �w s.r•mow � 1 '�'- b 4 NIOffty 106 NO. R"sow DATE-1, NO. RMSION OATS rR"CT a0. �r SITE PLAN PROFESSIONAL OFFICE ICAlt. ' '' ° BUILDING "` oRAaw 91 .� JERRY P. LACK oco°" -- FITTZ & SHIPMAN °"X 5 March 23, 1999 Consider a request for a specific use permit to allow boat and RV storage buildings in a GC-MD (General Commercial-Multiple Family Dwelling) District at 9405 College Street The applicant wishes to build a 300' x 30' storage building to contain 12' wide storage units for boats. Another building will be 330' x 45' and will contain 22 15' wide storage units for recreational vehicles. The buildings �,vill be constructed behind an existing construction company operation owned by the applicant. At a Joint Public Hearing held March 15, 1999, the Planning Commission recommended approval of the specific use permit with a modification to the landscaping and screening requirements. A copy of the staff report is attached. INTER-OFFICE MEMORANDUM City of Beaumont,Texas Planning Division Date: March 16, 1999 To: Ray A. Riley, City Manager From: Stephen C. Richardson, Planning Directorloe�004 Subject: AGENDA ITINERARY FOR MARCH 23, 1999 -REQUEST FOR A SPECIFIC USE PERMIT FOR BOAT AND RV STORAGE BUILDINGS IN A GC-MD (GENERAL COhihIERCIAL- MULTIPLE FAMILY DWELLING) DISTRICT AT 9405 COLLEGE STREET. CONUVIENTS City Council is asked to consider a request for a specific use permit for rental warehousing of boats and recreational vehicles in a GC-MD District at 9405 College Street behind existing buildings. The applicant wishes to build a 300' x 30' storage building to contain 12' wide storage units for boats. Another building will be 330' x 45' and will contain 22 15' wide storage units for recreational vehicles. All will be rental units for individual boat and RV owners. This proposed business will locate behind an existing construction company operation owned by the applicant. There are similar land uses in the immediate area. If granted as submitted, City Council will need to grant a modification to the landscaping and screening regulations of Section 30-31. The applicant asked that no additional screening or landscaping be required along the back or south side of his property. His lot backs up to a large wooded area. Six notices were sent to property owners within 200' of the subject property. No responses in favor or in opposition were returned. At a Joint Public Hearing held March 15, 1999, the Planning Commission voted 5:0 to approve a specific use permit to allow boat and RV storage buildings at 9405 College Street with a modification to the landscaping and screening requirements. Exhibits are attached. ORDINANCE NO. ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW BOAT AND RV STORAGE BUILDINGS IN A GC-MD (GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING) DISTRICT LOCATED AT 9405 COLLEGE STREET, 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 Walker-Arena, Inc., in a GC-MD (General Commercial-Multiple Family Dwelling) District located at 9405 College Street, being the west Y2 of Lot 3, Block 3, Wescalder Fig Acres Addition, Beaumont, Jefferson County, Texas, containing 2.06 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 all conditions necessary for issuance of a specific use permit have been met and a specific use permit to allow boat and RV storage buildings in a GC-MD (General Commercial-Multiple Family Dwelling) District located at 9405 College Street, being the west '/2 of Lot 3, Block 3, Wescalder Fig Acres Addition, Beaumont, Jefferson County, Texas, containing 2.06 acres, more or less, as shown on Exhibit "A" attached hereto, is hereby granted to Walker-Arena, Inc., its representatives, successors and assigns for that certain tract described on 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 day of 1999. - Mayor - FILE 1441-P: A request for a specific use Permit to avow the construction of warehouses NORTH . . for boat and RV storage in a GC-MD(General Commercial -Multiple Famr7v Dwelling) . -� district. _ Location: 9405 College Street SCat.F > >PPlicant: Waller-Arena- Inc. V-204, — Now O43 • i , e - ` e WON- AL L7 +1 o COLLEGE STREET C 01 - MD LLIv. 2 ..; � ti r.•r. � •� W (- -. as u � r: - - ---- ----- � s W 0 0 I a A z c_ 1 c� I IA •. _ ('� • .\GRASS SEA DO TING- 41 '� ... CON TE PAVEMEI{T •: • •- , . PROF 300. . .•�•. . ' J •, 300.00' �PGC[iRA `7 EIOSTING EXISTING • ;' • _ ., .�� - .. METAL BUILDING METAL BUG R.ON • •��� ••. • ' f*1 ON CONCRETE SLAB '� ON CONCRETE SLAB p •• rn '• CRAOE�EO CONS•AAB ..�� •. .� ( .. 1 Q DRAIN • . . GRASS AREA -� 30.00' E • - _ I 22 STC�RAGE ft TS t f '� .a OEEP - Is• VAOE �� S 1 + u g I f w t > L 17, /` n r t In 0 I --- - ' M x 03 I CU * Approval with modification to landscaping and screenIng requirements. 6 March 23, 1999 Consider a request for a six-month extension on a specific use permit granted to allow a drinking place in a GC-MD (General Commercial-Multiple Family Dwelling) District at 6955 College Street Council is asked to consider a request for a six-month extension on a specific use permit granted b% the Cite Council on March 4, 1997, by Ordinance #97-1.1, to allow a drinking place at 6955 College Street. At a Joint Public Hearing held :larch 15, 1999, the Planning Commission recommended approval of the extension. A copy of the staff report is attached for your review. i ..y. ....,�_'^-.-..+.�--�.-.-.r-- r --r:M.�ra..grra°4^�arA.Ya v,•ti+a.<+s T_ .. -...=...Y€SF3-..-t.a.�.y .. .,z.v..__ .�,..�w-;_ - INTER-OFFICE MEMORANDUM ML City of Beaumont,Texas Planning Division Date: March 16, 1999 To: Ray A. Riley, City Manager From: Stephen C. Richardson, Planning Director Subject: AGENDA ITINERARY FOR MARCH 23, 1999 - REQUEST FOR A SIX MONTH EXTENSION ON A SPECIFIC USE PERMIT GRANTED TO ALLOW A DRINKING PLACE rN A GC-.NID (GENERAL CONUk4ERCIAL-:MULTIPLE FA'\IILY DWELLING) DISTRICT AT 6955 COLLEGE STREET. COMMENTS City Council is asked to consider a request for a six month extension on a specific use permit granted by City Council on March 4, 1997, by Ordinance #97-14, to allow a drinking place at 6955 College Street, a GC-MD District. Mr. Praveen Pallamreddy received a specific use permit for the construction of a drinking place (sports bar) at 6955 College Street(U. S. Hwy. 90) in a GC-MD (General Commercial-Multiple Family Dwelling) District. The lot has been cleared but construction was delayed due to financing and design changes. The applicant has requested an additional six months to extend the two year time limit. He asks that his time to commence major construction be extended to September 4, 1999. He actually plans to begin construction at the end of March 1999. For the information of City Council, Mr. Pallamreddy has requested administrative approval to shift the location of his building from the east side of the tract - next door to Dr. Massey's Veterinary Clinic - to the west side, adjacent to a vacant, wooded tract. He is also reducing the size of the structure from 6,000 sq. ft. to 5,888 square feet. In addition, he has decided ltd to construct the volleyball and basketball courts. He will serve food in addition to beverages. The Planning Director has approved the new location. At a Joint Public Hearing held March 15, 1999, the Planning Commission voted 5:0 to approve the six month extension on the specific use permit to allow a drinking place at 6955 College Street. Exhibits are attached. ORDINANCE NO. 1?7 - / 4 ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A DRINKING PLACE IN AN AREA ZONED GC-MD (GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING) DISTRICT FOR PROPERTY LOCATED AT 6955 COLLEGE STREET, 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 Praveen Pallamreddy to allow a drinking place in an area zoned GC-MD (General Commercial-Multiple Family Dwelling) District on 1.734 acres, more or less, being Tax Tract 55 and 56, Plat SP-7, C. Williams Survey, as shown on Exhibit "A" attached hereto, in Beaumont, Jefferson County, Texas; and, • of the opinion that the issuance of such specific use WHEREAS, the City Council is p 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 all conditions necessary for issuance of a specific use permit have been met and a specific use permit to allow a drinking place in an area zoned GC-MD (General Commercial-Multiple Family Dwelling) District on 1.734 acres, more or less, being Tax Tract 55 and 56, Plat SP-7, C. Williams Survey, as shown on Exhibit "A" attached hereto, in Beaumont, Jefferson County, Texas, is hereby granted to Praveen Pallamreddy, his legal representatives, successors and assigns for that certain tract described on Exhibit "A" attached hereto and made a part hereof for all purposes, subject to the above conditions and the following special conditions: 1. Decrease the width of the driveway on College St. from 40 feet to 35 feet; 2. Relocate the disabled parking spaces to the north side of the building (as per Traffic Engineering); and, 3. Receive approval of driveway and drainage improvements from the Texas Department of Transportation. 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" • art hereof for all purposes. and made a p P rP 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 "211 day of 1997. - Mayor - Pro- em tom. jFtln e 1348-P: Request for a specific nse pendt to allow a drinking p NOR= a GC-M (General Commercial-ft1tiple Paa ly Dwet� District.ation: 6955 College Street - �� Applicant: Praveea Pal t,...•eddy 8CAIE 1` 200' �{ W cc w � t z y as 4 ' m s • • r 0 0 • = t 3 O a = A COLLEQE ST. r sr SUBJ CT GCp » M o - t e RM—H o Z O i !4 T R—S uUI&I PLOrc ('V,tJ x L�•I�o IJoTEt O_ ISCRIP. o_f pnOPERr'/ 45 ; 5ronN SEWEQ 1N Cu1LE ----- -- ---�. (• lAU0 SCAPIU6-SNQUGt WiU RD S[C�� Tuuolt SS- SG _ 10' WATOM IJAIII �,LIbNTI►IG W ILL-ISQ DIR.ECTE ��,-PM1 PLAT SP-1 lo*5,.111 TAII`1 �FW�(� — ).wlALI-V feWES WILMSE 1N ACRID KO a-so-3/ PLAT SP- �u� FIRE Pr6iECTIOIJ_ST__ATl01M_ 1. 51tui w1LL.12R 1.+At[oo—M A ISSTRACTT•j51- 1.134 ACRES 1155�LE►1 DALE BN r�Tx. s. P�¢KiuG JILL ec IN Acaa.S[c SI,zr a I&AI Ss C_oLL.E_G E_ST- N W4-010 6. No music to be played outdoors.(City Council) (3EAU 7. No lighting adversely affecting aparUncnts to the south.' ' PROP.(,It.IE, ON T-Tx. 320=00' (City Council) ° Ls 1�✓ r•..•...`. Hie." to' F�SE PA F T . Ttit� y Eutc � UGNTS I a V4 A 4 I • Lo _ D t Iv E w^4 , V ys• ~ DIR[4T10►.!Of -V ( ;A) �Ortalw AG ' • LK.Nr{ 'r ? ti 4 VOLL9 -BALL COURT 1 GASKET BALL I Q ..' ORIVE W A4 T jIL I 1 c•Q►sl.s It It I I V (____ _ _ � • 1 .- I AR Inks i - n RUT la° - M O INd AR tA M lodit veil o o B►�Q6 ,R . . . J - gulf lfAe DRIVE WAN 2�' N14H c•gR TYPICADISABLED .' r Ls easel PA N e. S P#C N OI(r 3 , d � jOe. f.... T4 le - A t MG T1<1r 5 b n U1 1)IREETIom OF / DILAINAGE o � DQIVE V4 A4 LKft y" pItIVE WA`1 - e&VCM d1uId AR►[ItJ6 ; O }� j 0 " lu h 11r Tt.� �ll� 9Zu.ou' 95S m.1,F_- ST ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING ORDINANCE 97- 14 BY GRANTING A SIX (6)-MONTH TIME EXTENSION FOR A SPECIFIC USE PERMIT ALLOWING A DRINKING PLACE IN A GC-MD (GENERAL COMMERCIAL- MULTIPLE FAMILY DWELLING) DISTRICT AT 6955 COLLEGE STREET, BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS, the City Council for the City of Beaumont issued a Specific Use Permit on March 4, 1997, by Ordinance No. 97-14 to allow a drinking place in a GC-MD (General Commercial-Multiple Family Dwelling) District at 6955 College Street, 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, Praveen Pallamreddy requested an extension of time for a period of an additional six (6) months to complete the construction of a drinking place; and, WHEREAS, the City Council is of the opinion that the granting of a six (6) 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 97-14 granting a Specific Use Permit to Praveen Pallamreddy, his legal representatives, successors and assigns for a drinking place in an GC-MD (General Commercial-Multiple Family Dwelling) located at 6955 College Street, as described on Exhibit "A" attached hereto and made a part hereof for all purposes be, and it is hereby, amended to extend the time for the continuance of the Specific Use Permit from March 4, 1999 to September 4, 1999. 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 97-14, as approved by the City Council of the City of Beaumont on March 4, 1997. PASSED BY THE CITY COUNCIL of the City of Beaumont this the day of 1999. - Mayor - 7 March 23, 1999 Consider a request to abandon portions of Grove Street, Madison Avenue, Van Buren Avenue and utility easements in Block 6 and 15, Oakwood Addition to allow for the proposed co-generation plant to be built by Mobil Oil The request is abandon the following rights-of-way: Grove Street between Doucette and Van Buren; Madison Avenue between Grove and Holly; Van Buren from the east right-of-way line of Grove Street thence west 360 ft.; the 15' wide general utility easement lying between Grove and Holly in Block 6, Oakwood Addition; and the 20' ��ide general utility easement lying beM,een Grove and Holly in Block 15, Oakwood Addition. At a Regular Meeting held March 15, 1999, the Planning Commission recommended approval of the above request. A copy of the staff report is attached for your review. • l�" INTER-OFFICE MEMORANDUM C ity of Beaumont,Texas Planning Division Date: March 16, 1999 To: Ray A. Riley, City Manager From: Stephen C. Richardson, Planning Director Subject: AGENDA ITINERARY FOR MARCH 23, 1999 - REQUEST TO ABANDON THE FOLLOWING RIGHTS-OF-WAY: (1) GROVE ST. BETWEEN DOUCETTE AND VAN BUREN; (2) MADISON AVE. BETWEEN GROVE AND HOLLY; (3) VAN BUREN FROM THE EAST RIGHT-OF-WAY LINE OF GROVE ST. THENCE WEST 360 FT.; (4) THE 15' WIDE GENERAL UTILITY EASEMENT LYING BETWEEN GROVE AND HOLLY IN BLOCK 6, OAKWOOD ADDITION; AND (5) THE 20' WIDE GENERAL UTILITY EASEMENT LYING BETWEEN GROVE AND HOLLY IN BLOCK 15, OAKWOOD ADDITION. COMMENTS City Council is asked to consider a request to abandon portions of Grove Street, Madison Avenue, Van Buren Avenue and utility easements in Block 6 and 15, Oakwood Addition. Mobil Oil Corporation owns all lots and tracts abutting the streets and easements proposed for abandonment. The abandonments will provide the area needed for the new steam and gas driven electric power cogeneration plant that is proposed on this property. The plant will extend from Holly Street east to the Kansas City Southern Railroad right-of-way. In conjunction with this abandonment request, Mobil has requested that 5.14 acres of their land in Blocks 6 and 15, Oakwood Addition be rezoned to LI (Light Industrial). At a Regular Meeting held March 15, 1999, the Planning Commission voted 5:0 to approve the abandonment of (1)Grove St.between Doucette and Van Buren; (2)Madison Avenue between Grove and Holly; (3)Van Buren from the east right-of-way line of Grove St.thence west 360 ft.; (4)The 15' wide general utility easement lying between Grove and Holly in Block 6,Oakwood Addition; and(5)The 20'wide general utility easement lying between Grove and Holly in Block 15,Oakwood Addition,subject to the relocation of all necessary utilities. Exhibits are attached. hipman INC February 18, 1999 Cmwkmg Enonem and Land Sun`w, City of Beaumont P.O. Box 3827 Beaumont,Texas 77704 Attention: Stephen Richardson Planning Director Reference: Application for street and aR osures Blocks 6 and 15, Oakwood Addition Dear Steve: Attached are copies of the application form, application fee and exhibits for the subject street and alley closures. Mobil Oil Corporation has acquired the property in Blocks 6 and 15 (except Lot 15 of Block 15) and the Valspar Plant to build a co-generation plant. See attached site plan. The construction and operations of the proposed co-generation plant is consistent with Mobil's pledge of energy conservation/recycling and Mobil's commitment to operate its refinery in a safe environment. In addition to the cost effectiveness of the co-generation plant, the plant would allow Mobil to bring down its refinery very safely during a catastrophe event, i.e. tornadoes, hurricanes, etc. This safety feature is very important. If you or your staff have any questions, please advise. Respectfully submitted, JR. 1 o JRWrtp • ORDINANCE NO. ENTITLED AN ORDINANCE ABANDONING THE FOLLOWING RIGHTS-OF-WAY: (1) GROVE STREET BETWEEN DOUCETTE AND VAN BUREN; (2) MADISON AVENUE BETWEEN GROVE AND HOLLY; (3) VAN BUREN FROM THE EAST RIGHT-OF-WAY LINE OF GROVE STREET THENCE WEST 360 FEET; (4) THE 15' WIDE GENERAL UTILITY EASEMENT LYING BETWEEN GROVE AND HOLLY IN BLOCK 6, OAKWOOD ADDITION; AND (5) THE 20' WIDE GENERAL UTILITY EASEMENT LYING BETWEEN GROVE AND HOLLY IN BLOCK 15, OAKWOOD ADDITION, JEFFERSON COUNTY, TEXAS. BE IT ORDAINED BY THE CITY OF BEAUMONT: THAT the following general utility easements: 1. The 15' x 400' utility easement extending east to west across Block 6, Oakwood Addition, said easement retained when the 15' x 400' alley in said block was abandoned in 1943; and, 2. The 20' x 400' utility easement extending east to west across Block 15, Oakwood Addition, said easement retained when the 20' x 400' alley in said block was abandoned in 1931; and, THAT the following street rights-of-way: 1. Grove Street-60' wide street right-of-way from the south right-of-way line of Doucette Avenue south 625' to the north right-of-way line of Van Buren Avenue; and, 2. Madison Avenue -60' wide street right-of-way from the west right-of-way line of Grove Street west 400' to the east right-of-way line of Holly Street; and, 3. Van Buren Avenue - 60' wide street right-of-way from the east right-of-way line of Grove Street extending west a distance of 360' to a point perpendicular to and parallel with the southeast corner of Lot 15, Block 15, Oakwood Addition, same being the southwest corner of Lot 14, Block 15, said addition as described above and as shown on Exhibits "N' and °B" attached hereto, be and the same are hereby vacated and abandoned subject to the retention of a general utility and drainage easement by the City. SAID above described general utility easements and street rights-of-way lie in the City of Beaumont, Jefferson County, Texas, and contain a total of 2.23 acres of land, more or less. PASSED BY THE CITY COUNCIL of the City of Beaumont this the day of 11999. - Mayor - PLANNING DIVISION FILE #586-OB LEGAL DESCRIPTION FOR ORDINANCE PURPOSES GENERAL UTILITY EASEMENTS: (1) The 15' x 400' utility easement extending east to west across Block 6, Oakwood Addition, said easement retained when the 15' x 400' alley in said block was abandoned in 1943; (2) The 20' x 400' utility easement extending east to west across Block 15, Oakwood Addition, said easement retained when the 20' x 400' alley in said block was abandoned in 1931. STREET RIGHTS-OF-WAY: (1) Grove Street - 60' wide street right-of-way from the south right-of-way line of Doucette Avenue south 625' to the north right-of-way line of Van Buren Avenue; (2) Madison Avenue - 60' wide street right-of-way from the west right-of-way line of Grove Street west 400' to the east right-0f--way line of Holly Street; (3) Van Buren Avenue - 60' wide street right-of-way from the east right-of-way line of Grove Street extending west a distance of 360' to a point perpendicular to and parallel with the southeast corner of Lot 15, Block 15, Oakwood Addition, same being the southwest comer of Lot 14, Block 15, said addition. All of the above described streets and easements lie in the City of Beaumont, Jefferson County, Texas, and contain 2.23 acres of land, more or less. FXHIRIT "A" r LL& _N00--up: K ucst to abandon the toUo NORTH _ eq wuig ts-o -way: (1) Grove St between I J Doucette and Van Buren; (2)Madison Avenue between Grove and Holly; (3) Van Buren I from the cast right-of-way line of Grove St 360 & west, a point abutting hots 9-14, Block 15, Oakwood Addition; (4) The 15'wide general utility easement lying between Grove and SCALE Holly in Block 6, Oakwood Addition; and(5)TheaAwide general utility easement lying t"-200' between Grove and Holly in Block 15, Oakwood Addition. o j, Applicant: Fittz and Shipman, Inc., consulting engineer for Mobil Oil Corporation •' Iz+ ; n I �/IA�'1l/lN�i(Ntl✓ I I ♦ . . ♦ e GC-MD I GC - MD1 W DOUCETTE AVE. cr 0 i I M 1 i Q E � I I I! ' M i I! ( K• N Y Uj MADISON AVE. aEondonr O ♦ ! 1 ♦ ' , ♦: ,, ♦ I ! • ! ems , � ` V /I _ ry Wo Is e 0 �! ! -Alf. VAN BUREN AVE. L � .. I IS . IS ,I . , C_3 11 FULTON AVE. I � - so 1 s,e _ 8 March 23, 1999 Consider amending Section 6-21 of the Code of Ordinances related to moving residential structures A copy of the staff memorandum is attached for your review. i CITY OF BEAUMONT .some. PUBLIC WORKS INTEROFFICE MEMORANDUM March 19, 1999 TO: Ray Riley, City Manager FROM: Tom Warner, Public Forks Director SUBJECT: HOUSE MOVING ORDINANCE COMMENTS The proposed house moving ordinance was presented to City Council for their consideration on February 23, 1999. During the public comment period and Council deliberations on the issue, concerns were expressed regarding structures meeting codes prior to moving, a time limit for renovation for historical or architectural significant structures, distance requirements for determining average values, and compliance enforcement after the structure has been moved. Modifications have been made to the proposed ordinance addressing the concerns expressed during the meeting. A copy of the proposed ordinance with modifications is enclosed. The ordinance included a provision that a structure must meet the minimum housing code and Standard Building Code prior to being moved. This section of the ordinance has been modified to allow structures not meeting code to be moved. However, any application for a residential moving permit will require the submission of a $5,000 bond or certified cashier's check to be provided to the City. Additionally, the ordinance modification requires code compliance within ninety (90) days after the structure has been moved, whether the structure met code or not prior to being moved, or the bond/check is forfeited. The proceeds from the bond will be used to demolish the structure. Structures being moved will still be required to meet the 75% average appraised value requirement. Structures of historical or architectural significance will remain exempt from the requirement relating to compliance with the Standard Building Code and bond requirements prior to moving. However, the application for a residential moving permit for these structures will now be accompanied by an application for the necessary permits required to bring the structures into compliance with the applicable building codes. Under the current code regulations a building permit expires after a one-year period. To: Ray Riley From: Tom Warner Subject: House Moving Ordinance March 19, 1999 Page 2 of 2 Residential structures within two-hundred feet of the property line of the lot in which the structure will be placed were to be used in determining the average appraised value. This distance has been increased to four-hundred feet. The new distance is approximately equivalent to two-city blocks and would be considered within the area of influence of the moved structure. It is recommended that City Council amend Chapter 6, Section 6-21 of the Code of Ordinances to allow the moving of structures for residential purposes that meet the criteria in the enclosed ordinance. Tom Warner Enclosure ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING CHAPTER 6, SECTION 6-21 OF THE CODE OF ORDINANCES TO AMEND THE BUILDING CODE OF THE CITY OF BEAUMONT TO REGULATE THE MOVING OF BUILDINGS FOR RESIDENTIAL PURPOSES WITHIN THE CITY; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL; AND PROVIDING A PENALTY. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. THAT Chapter 6, Section 6-21 be and the same is hereby amended to amend Section 3313.1 of the Standard Building Code to read as follows: Section 3313.1. A. It shall be unlawful to move a building or part of a building through or across g g any sidewalk, street, alley or highway within the City of Beaumont if the building or part of a building was designed for residential purposes and is to be placed on a lot in the City for residential purposes without obtaining a residential moving permit from the Building Official. A building or part of a building to be used for other than residential purposes may not be moved through or across any sidewalk, street or alley within the City without first obtaining a moving permit from the Building Official. Houses, buildings or structures designated as having historical or architectural significance by the City of Beaumont's Historical Landmark Commission or the Texas Historic Commission shall be exempt from the provisions relating to compliance with the Standard Building ode prior g p or to moving. These houses, buildings or structures shall not be moved without first obtaining a permit from the Building Official. The application for a residential moving permit shall be accompanied by applications for all necessary permits required to bring these houses, buildings or structures into compliance with the applicable building codes. Included with the building permit application shall be a complete set of plans showing the changes, if any, of the structure after all contemplated improvements. B. A residential moving permit may be obtained from the Building Official if the residential structure, prior to being moved, meets the following criteria: 1. The structure must be located in the City of Beaumont. 2. The appraised value of the structure as set by the Jefferson County Appraisal District must be a minimum of 75 per cent of the average appraised value of all residential structures on lots within four-hundred feet of the property line of the lot upon which the structure to be moved will be placed. 3. The application for a residential moving permit must be accompanied by an application for all necessary permits required to bring the structure into compliance with all applicable codes. Included with the building permit application shall be a complete set of plans showing the changes, if any, of the structure after all contemplated improvements. C. The Building Official, as a condition precedent to the issuance of a residential moving permit, shall require a bond or cashier's check in the • amount of$5,000. Such bond or cashier's check shall be made payable to ithe City of Beaumont and shall be conditioned upon strict compliance with the terms of this ordinance. 1. The structure will be brought into compliance with all applicable codes and connected to water, sewer, electricity and gas if applicable ("utilities') within ninety calendar days after relocation to the new site. Failure to connect the structure to utilities may result in forfeiture of the required security and demolition of the structure. The issuance of any permit by the City shall not extend the time to bring the building into compliance beyond the ninety calendar days established by this ordinance. If the security is forfeited for any reason, the City is hereby authorized to demolish the structure and clear the lot. By signing an • application for a residential moving permit, the owner or agent for the owner agrees that the structure may be demolished by the City if it becomes necessary to forfeit the security required by this ordinance. 2. Failure or refusal to timely perform any one or more of the requirements of this ordinance may result in the forfeiture of the required security. D. Appeals from the denial of residential moving permit or a decision to forfeit the required security by the Building Official shall be made in writing to the Zoning Board of Adjustment within ten days after the denial of such permit. The Zoning Board of Adjustment may reverse the decision of the Building Official if the Board of Adjustment finds by the concurrence of four members of the Board that the structure meets the requirements set out herein for • issuance of a residential building permit. 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 this the day of , 1999. - Mayor - 9 March 23, 1999 Consider a request from the Chamber of Commerce for economic development funding The Chamber of Commerce and the Economic Development Council made a request for funding on March 9, 1999. The Council will consider funding $50,000 for economic development funding. Separately, the Council will consider funding $7,500 for the Chamber's small/minority business economic development program. Information from the Chamber of Commerce is attached for your review. February 25, 1999 B EAUMONT BER OF COMMERCE AND READY FOR BUSINESS The Honorable David Moore Mayor of the City of Beaumont and Honorable Members of The Beaumont City Council 801 Main Street Beaumont, TX 77704-3827 Dear Mayor Moore and Honorable Council Members: On behalf of the Beaumont Chamber of Commerce and the Economic Development p nt Council, I would appreciate your consideration of renewing the partnership and funding assistance from the City of Beaumont toward our community's 1999 economic development endeavors. We cordially request 1999 economic development funding of$65,000.00 from the City of Beaumont. This includes the traditional $50,000 in economic development funding and an additional $15,000 to fund our small/minority business economic development program. The 1999 fiscal year's funding campaign also includes underwriting by private contributions made from Beaumont Chamber of Commerce members and area employers. The funding goals for this private source economic development fund-raiser campaign are: Private Sources $130,000. City of Beaumont $ 65,000.* -------------------------------------- Total $195.000. We appreciate your continued support and look forward to working with you in the future. Sincerely, John Breier President *$15,000 to be earmarked for the Small Business Minority economic development project. 10 March 23, 1999 Consider removing Ward I and Ward II positions from the ballot for the May 1, 1999 General Election as a result of the incumbent councilmembers serving these 'o wards no two being unopposed PP osed A memorandum from the City Clerk is attached for your review. INTER-OFFICE MEMORANDUM City of Beaumont, Texas Barbara Liming City Clerk Date: March 18, 1999 To: Mayor and City Council From: Barbara Liming Subject: Certification of City Clerk Attached is a certification that councilmembers in Ward I and Ward H are unopposed for the May 1, 1999 election, no proposition is on the ballot and no write-in candidates for those wards. Pursuant to Sections 2.051 through 2.053 of the Texas Election Laws provision is made for cancellation of these elections by meeting this criteria. The deadline for a write-in candidate is Monday, March 22, at 5:00 p.m. We do not anticipate a write-in candidate. Therefore, we have submitted this certification for your consideration to cancel the election in Ward I and Ward H and declare the incumbent councilmembers as winners at the next Council meeting on March 23. They will be sworn in with the other councilmembers on May 4, 1999. If there should be a write-in candidate, the item may be pulled. Canceling the election for these two wards should be a cost savings of at least $5,000 for the City of Beaumont. Since there is no opposition, the Port of Beaumont is canceling the election for the at-large commissioner position. These cancellations will result in a total deletion of six polling places. Usual expenses at each polling place includes use of the building, custodial fees, and judge and workers compensation. In addition to these six polling places, our portion of the joint election in the remainder of the precincts in Wards I and II will be subtracted. . If you have any questions, please contact me. Copies: Lane Nichols, City Attorney Kyle Hayes, Assistant to the City Manager CERTIFICATION OF CITY CLERK I hereby certify that I am the City Clerk of the City of the City of Beaumont and the authority responsible for having the official ballot prepared for the May 1, 1999 election. I further certify that there is no proposition, there are no write-in candidates for Ward I or Ward II, and the following candidates are unopposed for election in the offices of Council Members in the May 1, 1999 election. Councilmember Ward 1: Lulu L. Smith Councilmember Ward II: Guy N. Goodson i Barbara Liming City Clerk Date: March 23, 1999 ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING ORDINANCE 99-8 TO CANCEL THE ELECTIONS IN WARDS I AND II, DECLARE THE INCUMBENTS ELECTED, DELETE SIX POLLING LOCATIONS FOR WARD I AND II; PROVIDING FOR SEVERABILITY AND PROVIDING FOR REPEAL. WHEREAS the City Council has received a certificate from the City Clerk that the candidates for Ward I, Lulu L. Smith and Ward II, Guy N. Goodson are unopposed; that no write-in candidate has declared for write-in status; that there is no proposition on the ballot and that therefore, Lulu L. Smith and Guy N. Goodson should be declared elected to office without need of an election in Wards I and II; and, WHEREAS, the City of Beaumont is a home-rule city of the State of Texas located in Jefferson County, Texas created according to the laws of the State of Texas and operating eratin in accordance with the laws of the State of Texas; and, WHEREAS, the annual municipal election of the City of Beaumont has been ordered for May 1, 1999 for the purpose of electing ward council members to serve on the City Council, the City of Beaumont, Texas; WHEREAS, in these circumstances the Election Code authorizes a governing body to declare each unopposed candidate elected to office and cancel the election in such Ward either by ordinance or order, NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. THAT the candidate for Ward I, Lulu L. Smith, and the candidate for Ward II, Guy N. Goodson, are unopposed in the election and the elections in such wards are hereby canceled, the six polling places in such wards are deleted for such elections and the following candidates are hereby declared elected to office and shall be issued a Certificate of Election and they shall be administered their oaths of offices at the same time that the candidates elected for Wards III and IV are declared elected. THAT the City Clerk is directed to post a copy of this order at each designated polling place in Wards I and II before May 1, 1999. 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. 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. PASSED BY THE CITY COUNCIL of the City of Beaumont this the day of 11999. - Mayor - 11 March 23, 1999 PUBLIC HEARING: Federal Transit Administration (FTA) Section 9 Grant Consider authorizing a contract to receive Federal Transit Administration funds and adopting a new fare structure for the Special Transit Services (STS) Program The City would submit a grant application to the Federal Transit Administration (FTA) for operating assistance for the Beaumont Municipal Transit System. We anticipate receiving $1,017,561 from the FTA. The operating budget is attached for your review. Also, the proposed fare structure for advanced reservations and social service agency clients for STS will be increased from $1.50 to $3.00 and $10.00, respectively. A copy of the staff report is attached. i BEAUMONT MUNICIPAL TRANSIT OPERATING BUDGET FOR FY 1999 Total Expenses $2,700.000 Revenues: Fare Box $ 500°000 Charter 20,000 Section 8 Planning 15,000 Federal Share 1,017,561* State 396,605 City 750.834 Total Revenues $2,700,000 *Note: Normally, grant application is for 50% of net operating deficit which would be $1,082,500. However, based on TxDOT allocation of Federal money for FY 1999, we only get $1,017,561, which is a little less than 50%. PROJECT DESCRIPTION The grant application to FTA will be in the amount of$1,017,561 for operating assistance. This will help fund the labor, fringe benefits, materials/supplies, purchased services, utilities, insurance, taxes/licenses, and other miscellaneous expenses necessary to operate and maintain the Beaumont Municipal Transit System for the period October 1, 1998 through September 30, 1999, FY 1999. CITY OF BEAUMONT too PUBLIC WORKS C INTEROFFICE MEMORANDUM March 19, 1999 TO: Ray Riley, City Manager FROM: Tom Warner, Public Works Director SUBJECT: FEDERAL TRANSIT ADMINISTRATION (FTA) SECTION 9 GRANT COMMENTS Attached for Council approval is the proposal to submit a grant application to the Federal Transit Administration (FTA) for operating assistance for the Beaumont Municipal Transit System. These funds will help pay for approximately 50% of the City's share of FY 1999 operating expenses for the transit system. It is projected that the total net operating costs will be $2,165,000, with the FTA providing $1,017,561, the State $396,605 and the City $750,834. Normally, the grant application is for 50% of the net operating deficit which is $1,082,500. However, based on Texas Department of Transportation's allocation of Federal money for FY 1999, the City will only receive $1,017,561. Beaumont Transit is considering changing the fare structure for the Special Transit Services (STS) Program as a part of the grant application. Present FTA regulations require the fares on STS to be no greater than two times the adult fare on the fixed route system. However, the regulations also allow transit systems the ability to establish fares above this limit for services that exceed regulatory requirements and for social service agencies or other organizations trips (i.e., trips guaranteed to the organization). The Beaumont STS Program accepts advanced reservations for use of the service. Advanced reservations are not required to be offered by a transit system under FTA regulations. This service is considered to be over and above the regulations and thus qualifies as a special service. The regulations do not allow advanced reservations to exceed 50 percent of the systems capacity. On a daily asis, five (35)to forty-five 45 percent of the STS System's capacity y thirty- rty- ( )Pe Y P ty is dedicated to transporting clients to one social service agency. The cost of providing this service is approximately$14.26 for a one-way trip. Currently, the cash fare is$1.50 and To: Ray Riley From: Tom Warner Subject: Federal Transit Administration(FTA) Section 9 Grant March 19, 1999 Page 2 of 2 a monthly pass is available for $40.00. In comparison, the cost for providing service on the fixed route system is approximately $1.05 for a one-way trip. The adult fare on the fixed route system is $0.75 with a $24.00 monthly pass available. The proposed fare structure for advanced reservations and social service agency clients for STS will be increased from$1.50 to $3.00 and $10.00, respectively. Although monthly passes would no longer be available for the STS System, any STS passenger willing to ride the fixed route system could obtain a monthly pass for $5.00. Typically, the grant application to FTA is electronically filed in October or November. Due to the relocation of FTA offices in October and subsequent computer difficulties at FTA, the ability to file the current year grant application has just become available. A Public Hearing on the proposed budget for FY 1999 and changes in the STS fares is required as a part of the grant application. After the Public Hearing, it is recommended that City Council pass a resolution authorizing the City Manager to execute a contract to receive these funds and adopt the new fare structure for STS. A copy of the FY 1999 projected budget is enclosed. Tom Warner Enclosure 12 March 23, 1999 Consider an ordinance declaring three structures to be dangerous and ordering the owners to raze the structures within 30 days The property owner of 1170 and 1180 Ashley and the property owner of 5060 Chambers appeared before Council on February 23, 1999 and requested additional time to make repairs to their respective structures. Council asked that the structures be inspected by the Building Official and be brought back to Council within 30 days. A report relating to the above is attached for your review. i INTER-OFFICE MEMORANDUM City of Beaumont,Texas IL Demolition Date: March 17, 1999 To: Ray Riley,City Manager 2 From: John Labrie,Clean Community Department Director x Subject: DILAPIDATED STRUCTURES PUBLIC HEARING-03/23/99 K n s x i COMMENTS A public hearing is requested for City Council to consider three(3)structures to be declared public nuisances and dangerous to the health,safety and welfare of the citizens of the city. The structures have been inspected by the Clean Community Department and found to be dangerous structures as defined by the City of BeaumonVs Code of Ordinances,Article III.Dangerous Structures, Section 14-50. The property owners,however,appeared before the City Council Meeting held on February 23, 1999,and requested additional time to make repairs to these structures. Council ordered that each structure be inspected by the City Building Official and to be reviewed again within thirty(30)days. L CONDEMNATION REQUEST It has been determined that the three(3)structures listed below meet the definition of a dangerous structure and have deteriorated such that they are no longer considered suitable for repair. It is therefore requested that City Council declare these to be dangerous structures and order the owners to raze said structures within thirty(30)days. If the property owner fails to comply within thirty(30)days,we are requesting City Council authorization to demolish these structures without further notification to the property owner or City Council action. The addresses of the structures are as follows: E Ashley 3. 5060 Chambers Ashle MARCH 23, 1999 CONDEMNATION HEARING Location Owner Recommendation Violations 1. 1170 Ashley Billy Hadnot Raze Within 25 30 Days 2. 1180 Ashley Billy Hadnot Raze Within 25 30 Days 3. 5060 Chambers Annie Rose Guidry Raze Within 25 30 Days 1 INTER-OFFICE MEMORANDUM City of Beaumont,Texas � = L Date: March 18, 1999 Demolition To: John Labrie,Clean CommunitY Department Director From: Pam Loiacano,Field Supervisor PA Subject: DILAPIDATED STRUCTURES PUBLIC HEARING-03/23/99 COMMENTS The following three (3) structures, 1170, 1180 Ashley and 5060 Chambers, were brought before City Council on February 23, 1999. At that time, Council ordered additional inspections and information of these properties. Councilman Davis suggested that the owner of the properties outcome of conversations ons0andhthe meet with the neighbors and then get back with him and discuss the t necessary teps to be taken. Mr. Hadnot has failed to comply with that request.taken lac inspection a made ry by staff on March 16, 1999, and nochange f these structures but open windows still make entry accessible. As were made to board and secure both resented again for review. per request of City Council, these structures are being p g An inspection was made as requested by Council on March 3, 1999, by the City Building official, Don Burrell and myself. After the inspection of the structure, still Mr. agree Burrell found repairs several the violations of city codes which 0% of the appraised value and the structurger should be demolished. structure will well exceed th PL/ds • SUBSTANDARD BUILDING INSPECTION REPORT CLEAN COMMUNITY CITY OF BEAUMONT 1 DATE REQUESTED March 1 19 99 WARD 3 ADDRESS OF INSPECTION 1170 Ashley 10 ACCOUNT NO. 12100-14000-8 CENSUS TRACT OWNER Bill Hadnot ADDRESS 1174 Ashley CITY/STATE Ol APPRAISAL VALUE LEGAL DESCRIPTION 338-0 S Pts L 7&8 Land Value Lot or Plat 21340 (Mot' th84u vt a Skructure) 16 Improvement Value Stock o►•Tract 24720 Chaison Total Value -------- — Addition/Survey NO A. Fifty(50)percent deterioration of non-supporting members? YES X S. Thirty-three(33)percent deterioration of supporting members? YES X NO YES NO X i gcd? -- -YES X VO 5-"5-7-96 thru 9-7-96 . -- D. Enrolled in Work.Repair Program? Wended until 1-31-97 E. initial Inspection Date A ril 1 199( Extendetl until 5-1-97 $7 1 , 4 LUNTT0 FUR 197 AND 1998 IN THE AM. PVNX Q F. S O SUIT FILED: MAJOR CODE VIOLATIONS: This structure's roof has deteriorated and new shingles will be needed. New fascia boards will be needed. The front and back porch is deteriorated and will need to be replaced. All damaged or rotten windows and windowsills will need to be replaced, The foundation is saEging.and will need to be leveled. The structure ast window is open. The service drop and was metes• is locked but the inspection was viewed throu h the windows. The e are still attached to the house. All damaged electrical wirin and missing fixtures will need to be re laced. .also all damaged pl Ing fixtures will need to be replaced. Based on the extensive repairs needed in this structure and the fact that these repair exceeded over 50% of its appraised value staff recomm d additional time raze or,ler for this structure on February 23 1999. The roe owner a ared before that Council and re u to make repairs on this structure. Council ordered that a meetin take 31ace between the owner and Councilman Dilvis to discuss the feasibilit of makin re airs and to meet before Ci Council a ain in thirty 30 da s. n SUBSTANDARD BUILDING INSPECTION REPORT CLEAN COMMUNITY CITY OF BEAUMONT 2. DATE REQUESTED March 1 , 19 99 WARD 3 ADDRESS OF INSPECTION 1180 Ashley ACCOUNT NO. 12100-14000-8 CENSUS TRACT 10 OWNER Billy Hadnot ADDRESS 1174 Ashley. CITY/STATE (01) LEGAL DESCRIPTION APPRAISAL VALUE Lot or Plat S pts L 7,8 Land Value 3380 Block or Tract 16 Improvement Value 21340 (More than 60.structure) Addition/Survey Chaison Total Value 24720 A. Fifty(50)percent deterioration of non-supporting members? YES X NO B. Thirty-three(33)percent deterioration of supporting members? YES X NO � tv'S NO x L. ' a i'�anlatil'l:° D. Enrolled in Work Repair Program? YES NO X E. Initial Inspection Date April 23 1996 MAJOR CODE VIOLATIONS: This structure will need a new roof All damaged rafters and decking will need to be replaced The roof will also need new shingles The foundation will need to be leveled and repaired to support a normal load New windows and screens will be needed Exterior and interior doors will be needed. All damaged floors and floor joists will need to be replaced All damaged ceilings will need to be repaired All damaged plumbing and plumbing Fixtures will need to be replaced All damaged electrical wiring and electrical fixtures will need to be replat�!d. Staff recommended a raze or repair order for this structure on June 24, 1997 The owner did not comply with that order. The owner appeared before the City Council meeting held February 23, 1999, and requested that he be given additiona_I time to make repairs to this structure Councilman Davis suggested that he meet with the property owner for review of the situation and meet a ain in.thirty 30 days, lift SUBSTANDARD BUILDING INSPECTION REPORT CLEAN COMMUNITY CITY OF BEAUMONT 3- DATE REQUESTED March 1 , 19 99 WARD 4 ADDRESS OF INSPECTION 5060 Chambers ACCOUNT NO. 61000-003800-6 CENSUS TRACT 26 OWNER Annie Rose Guidry ADDRESS P O Box 20096 CITY/STATE (20) LEGAL DESCRIPTION APPRAISAL VALUE Lot or Plat 8 Land Value 3220 Block or Tract 4 Improvement Value 450 Addition/survey South Park 2nd Total Value 3670 A. Fifty(50)percent deterioration of non-supporting members? YES X NO B. Thirty-three(33)percent deterioration of supporting members? YES X NO C. Fire damaged" YES X NO D. Enrolled in Work Repair Program? YES X NO 4-19:96 thru s-19-96 E. Initial Inspection Date March 25 1994 I-ld- $thin 4-1$-98 MAJOR CODE VIOLATIONS: This structure's roof has been removed and is totally open. All of the interior now has water damage. All damned rafters will need to be replaced. New windows and screens will be needed. Exterior And interior doors will be needed All damaged floors, ceilings and walls will need to be repaired. There is not anv plumbing in the structure other than what is in the slab There are not any plumbing fixtures in the structure. All new electrical fixtures, plugs and switches will be needed All damaged electrical wiring will need to be replaced. Staff recommended a raze order for this structure on December 16, 1997 The owner appeared before Council on December 16 1997 and Council gave her a raze or repair order. She enrolled in a Work Repair Program on January 14, 1998 through April 14,1998 but the owner did not comply with that order. The owner appeared before the February 23, 1999, City Council meetinp.and again re nested to be able to rehabilitate this structure. Council ordered that the structure be inspected by the City Building Official to determine if the structure should be repaired and Council ordered a review in thirty(30)days for that decision A reinspection was made March 3, 1999,by Don Burrell,the City Building Official and myself as requested by Council After the reinspection of the interior of the structure,Mr. Burrell and I agree that the recommendation still be a raze order. You may view the attached sheet to see Mr. Burrell's inspection results. Attachments: Photographs Inspection report of Don Burrell, Building Official P3 339-g ;110 C,EV 5? FLLV-3 rriLE'_ Beaumont March 3, 1999 To:Pam Locaino,Field Supervisor Flom:Don Burrell,Building Official 4-L Subject: 3060 Chambers lhuing my inspection today at the above address the following violations of the 1997 Standard Building Code were observed: 1. The lumber does not have a grade mark,tuaking it impossible to deternune grade or moistwe content. Sections 2301.5 & 2301.7. 2. There is no moisture protection for the exterior walls or the roof. This has caused severe dauiage in the form of rot to the structure. Section 2303.3. 3. -tie sole plate in several areas is not of preservative-treated wood. Section 2304.4.1. 4. Intersecdons at walls in several locations are not connected properly.Top plates are.not offset at their joint properly. Section 2308.1.1. 5. Several studs on the enterior wall are not solid from the top plate to the solo plate. 2303.1.5. 6.Headers are neither sized correctly or supported correctly. They are 2x4 boards l:dd flat. S--ctions 2308.3.1 & 2308.3.2. 7. of the roof is of 3/4 inch material. 1 inch material.is required. The ridge board at the peak Section 2309.1,2. 8. Several ceiling joists are not continuous from wall to wall. Section 2309.1.4, If I can be of further assistance, pleasa let me know. P . O. Box 3827 Beaumont, Texas 77704 F p . 1 lit V i 5060 CHAMBERS ENTITLED AN ORDINANCE FINDING CERTAIN TAITH THEIR DEMOLITION BE PUBLIC NUISANCES AND ORDER AND REMOVAL; PROVIDING FOR SEVERABILITY AND PROVIDING FOR A PENALTY. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That the City Council of the City of Beaumont hereby finds and declares the buildings located at: 1. 1170 Ashley 3. 5060 Chambers 2. 1180 Ashle to be public nuisances in that said buildings violate Chapter 14, Section 14-50 of the Code of Ordinances of the City of Beaumont and are for want of repairs, or by reason of age or dilapidated condition, likely to cause or promote fires that would endanger persons or property. Sect_ ion 2. In accordance with Article XVII, Section 2, of the Charter of the City of Beaumont, Section 10-2 and 14-52 of the Code of Ordinances of Beaumont, Texas and Section 103.4 of the Standard Building Code, it is hereby ordered that the owner or owners of the following described buildings demolish and remove said structures within thirty (30) days of the effective date of this ordinance: 1. 1170 Ashley 3. 5060 Chambers 2. 1180 Ashle 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 any person who violated 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 this the day of , 1999. - Mayor - Beaumont postpones vote on transit increase By KHALIL E. HACHEM no longer be available for the THE ENTERPRISE special service passengers. The Federal Transit BEAUMONT — With the Administration is reviewing federal government looking whether the city can raise the over their shoulder and dis- fare.The issue is scheduled to abled• residents pleading for come back before the council reasonable special transit for a vote within 60 days. fares, the City Council post- Tom Warner, public works poned voting on a radical director, said federal regula- increase Tuesday. tions require the fares on spe- "I can't afford that," said cial programs to be no greater David Hartman, in a trem- than two times the adult fare bling voice as he struggled to on the fixed route system. pull the microphone to his Currently, the fare for the wheelchair. "This is ludi- fixed-route riders is 75 cents crous." and $1.50 for special transit. To offset costs, the city is However, the regulations -proposing to increase special also allow transit systems transit fares from the current the ability to establish fares $1.50 to $3 for reservation passengers and to $10 for above this limit for services social service agency clients. that exceed regulatory Also monthly passes would VOTE, page 5A VOTE . Guidelines will shift burden COnflnued from page IA ed community service of the requirements and for social ser- Texas Department of Mental vice agencies or other or aniza- Health and Mental Retardation. tions, he added. g It serves Jefferson, Orange and Individual riders cannot be Chambers counties. charged the increase, and the Warner said it costs the city ab federal guidelines shift the bur- out $ra per ride to provide den to social service agencies, rent $1 .50 fare results n a sub- said Gary Hidalgo, executive sidy of $12.50 by the city. director of the Beaumont State The city looked into raising Center where most of the spe- fixed-route fares, but it feared cial transit clients go' losing "We don't receive money to passengers, Warner said. Provide transportation," Hidal- not lnclpude fixed c routes, and go said. "It would be difficult to the city pledged to reach an Provide the service." agreement with social service The center is a state-operat- agencies, Warner said. Council follows through on Ashley Street demolitions By JEORGE ZARAZUA the council. "By my houses THE ENTERPRISE being gone, that's not going to stop them. BEAUMONT — The City "Don't help them. You're Council ordered two of Billy helping them to tear my houses Hadnot's houses demolished down." Tuesday despite his pleas and Moore was successful last an attempt by the mayor to save month in gaining the support of at least one of the wood-frame other council members when he structures. recommended Hadnot should "I'm sorry ... In this particu- get the 30 additional days being lar action, democracy has taken requested to fix the houses. its course," Mayor David Moore It has been more than two said after the council voted 6-1 years since the city first noti- in favor of razing both houses. fied Hadnot his houses were in The city's Clean Community violation of building codes. Division has been asking coun- "I'm very, very sorry, Mr. cil members to condemn the Hadnot, but I allowed 30 days houses at 1170 and 1180 Ashley because of your pleas last St. since February, saying they time," Davis said. were a public nuisance and a danger to the community. - Councilman James K. Davis, who represents the neighbor- hood, led Tuesday's motion to demolish the houses, saying elderly homeowners were com- plaining about the dangers they created and that Hadnot had done little to secure the proper- ty. Pamela Loiacano cf the Clean Community staff said she also has been getting com- plaints alleging drug dealers hid there. "I have to suffer by losing my houses because of what some- one else has done," Hadnot told Houses on the move again- City defines rules for relocating residences By JEORGE ZARAZUA cent city administrators were THE ENTERPRISE proposing. The new ordinance also gets BEAUMONT — City Council rid of a requirement that a unanimously approved a new house meet city building codes set of rules Tuesday for moving before being moved. houses and ended a two-month Instead, it asks homeowners moratorium. to submit a $5,000 bond or cer- No residential moving per- tified cashier's check to the city mits have been issued since Jan. as part of a permit application 23 while city officials worked to move a house. on the new ordinance. City Manager Ray Riley told Council members agreed the council members the money rules needed to be changed would be used to demolish a after Amelia neighborhood res- structure if it is not brought idents complained of a shotgun into compliance with building house that was moved there in codes within 90 days after the December. house has been moved. The residents called it an "It's more cost effective if the eyesore and claimed the house building can be brought up to would decrease the neighbor- code on its (designated) site," hood's property values. Riley said. 'The new ordinance requires The new ordinance doesn't that houses being moved cost at affect people wanting to move least 50 percent of the average commercial buildings or struc- appraised value of all homes tures that have been identified within 400 feet, or about two as having historical or architec- city blocks. tural significance. Mayor David Moore said he "We have come a long way felt more comfortable with an from having a prohibition to average appraised value of 50 something that is workable," percent, instead of the 75 per- said Councilman Guy Goodson. ............................................................................... ..........__ ...