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HomeMy WebLinkAboutPACKET AUG 26 2008 RICH WITH OPPORTUNITY BEA,IIMON* T • E • X • A • S REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS AUGUST 26,2008 1:30 P.M. CONSENT AGENDA * Approval of minutes * Confirmation of committee appointments Arthur Louis would be reappointed as Chairman of the Martin Luther King, Jr. Parkway Commission. The current term would expire July 24, 2009. (Mayor Becky Ames) A) Authorize the acquisition of property in the Van Wormer Addition for the Downtown Event Center(new Harvest Club) and Park B) Authorize the settlement of the claim of Joe Carter C) Approve Change Order No. 2 for Improvements to Rogers Park D) Authorize the acceptance of a water line easement to provide access for fire protection services to Willow Creek Country Club Estates, Section X-C E) Authorize the acceptance of two (2)water line easements to provide access for fire protection services at the Westbrook High School campus F) Authorize the acceptance of a water line easement to provide access for fire protection services to the Virginia Estates Apartment Complex G) Accept maintenance of the street, storm sewer, water and sanitary sewer improvements in the Meadows Subdivision, Phase One"A" West H) Authorize the acceptance of a water line easement to provide access for fire protection services to the Sunlight Manor Apartments Complex I) Authorize the award of a contract for Electrical Services A RICH WITH OPPORTUNITY 1 T • E • x • A • s City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tom Warner, Director of Public Works MEETING DATE: August 26, 2008 REQUESTED ACTION: Council consider a resolution authorizing the acquisition of property. RECOMMENDATION The Administration recommends authorizing City Council approve a resolution for the acquisition of property in the Van Wormer Addition for the Downtown Event Center and Park. BACKGROUND As part of the development of the Downtown Event Center and Park, lots are being acquired in downtown Beaumont in the area bordered by Martin Luther King Jr. Parkway, Crockett Street, Neches Street and an abandoned rail line. Oil City Brass Works, Inc., owner of the property listed below, has agreed to convey their property to the City for the negotiated value: Lots 1-6 and 9-12, Block 26&adjacent 30'of Trinity Street; Lots 1-12, Block 27& adjacent 30'of Trinity Street, Van Wormer Addition (600 - 782 Crockett Street) Negotiated Value: $323,000 BUDGETARYIMPACT Funds are available in the Capital Program. wgodc ty_brass-ib.wpa 18 Augud soos RESOLUTION NO. WHEREAS, an agreement has been negotiated for the acquisition of property located at 600-782 Crockett Street as described below in the amount of$323,000 for the Downtown Event Center and Lake Park : Lots 1-6 and 9-12, Block 26 & adjacent 30' of Trinity Street; Lots 1-12, Block 27 & adjacent 30' of Trinity Street, Van Wormer Addition (600 - 782 Crockett Street) Owner: Oil City Brass Works, Inc. Negotiated Value: $323,000 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the purchase of the property located at 600-782 Crockett Street, as described above, be and the same is hereby, approved. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 26th day of August, 2008. - Mayor Becky Ames - B RICH WITH OPPORTUNITY I'Lo ► � T • E • X • A • s City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tyrone E. Cooper, City AttorneA."- MEETING DATE: August 26, 2008 REQUESTED ACTION: Council consider a resolution authorizing the settlement of the claim of Joe Carter RECOMMENDATION Council approval of a resolution authorizing the settlement of the claim of Joe Carter. BACKGROUND Council discussed the settlement of this claim in Executive Session on April 24, 2008. BUDGETARY IMPACT There are sufficient funds in the Liability Trust Fund to pay the amount as shown: Joe Carter $30,000 RESOLUTION NO. WHEREAS, the claim of Joe Carter has been discussed in an Executive Session properly called and held Tuesday, April 24, 2008; and, WHEREAS, the Council desires to authorize the settlement of the claim; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Attorney be and he is hereby authorized to settle the claim of Joe Carter in the amount of Thirty Thousand Dollars ($30,000). PASSED BY THE CITY COUNCIL of the City of Beaumont this the 26th day of August, 2008. - Mayor Becky Ames - c RICH WITH OPPORTUNITY [I 11cm A,11 1�1 C1 114( T • E • X • A • S City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tom Warner,`Director of Public Works MEETING DATE: August 26, 2008 REQUESTED ACTION: Council consider the approval of Change Order No. 2 for Improvements to Rogers Park. RECOMMENDATION Administration recommends the approval of Change Order No. 2 in the amount of$17,465 to McInnis Construction. BACKGROUND A contract in the amount of$1,523,000 for improvements to Rogers Park was awarded on May 6, 2008. Improvements to the park include a new restroom facility, community center, basketball court, and walking trails. Change Order No. 1 reduced the contract to $1,465,737.50 by reducing the length of the walking trail and eliminating the resurfacing of the asphalt parking lot on Dowlen. Change Order No. 2 includes furnishing and installing additional electrical conduit. The current electrical service to the park is not sufficient for the new buildings. Engineers with Entergy assisted the architect and city staff to design the most efficient service route to accommodate the new buildings. The cost to install various sized conduit and one (1) five (5) inch bore is $17,465. Entergy will provide power lines upon installation of conduit. The contract total includes a contingency allowance of$30,000. The total cost of Change Order No. 2 will be deducted from the contingency allowance. This change order will not affect the completion date. BUDGETARY IMPACT Funds will be deducted from the contingency allowance, therefore, the original contract price remains unchanged. a VNERIS COPY 1 =�- Document G701 TM — 2001 Change Order PROJECT(Name and address): CHANGE ORDER NUMBER:M 0 o,2— OWNER: COMMUNITY BUILDING AND DATE:August 08,2008 ARCHITECT: HIKING PATH AT ROGERS PARK DOWLEN ROAD-BEAUMONT,TX CONTRACTOR: FIELD: ❑ TO CONTRACTOR(Name and address): ARCHITECT'S PROJECT NUMBER:0730 OTHER: ❑ McInnis Construction CONTRACT DATE: 05/21/08 675 South 4'h Street CONTRACT FOR:General Construction Silsbee,TX 77656 THE CONTRACT IS CHANGED AS FOLLOWS: (include, where applicable,any undisputed amount attributable to previously executed Construction Change Directives) ADD-INSTALL ONE(1)2.5"CONDUIT 140'LONG W/4-#1 COMPACT ALUMINUM CONDUCTORS FOR THE RESTROOM BUILDING SERVICE- $2,850.00 ADD-INSTALL ONE(1)4"CONDUIT 115'LONG W/4-500 MCM COMPACT ALUMINUM CONDUCTORS FOR THE COMMUNITY BUILDING SERVICE- $ 6,260.00 ADD-INSTALL ONE(1)5"BORE&CONDUIT 350'LONG W/36"RADIUS 90'S&A PULL STRING FOR A PAD MOUNT TRANSFORMER- $ 8,355.00 TOTAL $17,465.00 (TOTAL TO BE DEDUCTED FROM CONTINGENCY ALLOWANCE) The original Contract Sum was $ 1,465,737.50 The net change by previously authorized Change Orders $ 0.00 The Contract Sum prior to this Change Order was $ 1,465,737.50 The Contract Sum will be increased by this Change Order in the amount of $ 0.00 The new Contract Sum including this Change Order will be $ 1,465,737.50 The Contract Time will be increased by Zero(0)days. The date of Substantial Completion as of the date of this Change Order therefore is NOTE:This Change Order does not include changes in the Contract Sum,Contract Time or Guaranteed Maximum Price which have been authorized by Construction Change Directive until the cost and time have been agreed upon by both the Owner and Contractor,in which case a Change Order is executed to supersede the Construction Change Directive. NOT VALID UNTIL SIGNED BY THE ARCHITECT,CONTRACTOR AND OWNER. Architectural Alliance Incorporated McInnis Construction City of Beaumont ARCHITECT(Firm name) CONTRACTOR(Firm name) OWNER(Firm name) 6654 Phelan Blvd 675 South 4'h Street Beaumont,TX 77706 Silsbee,TX 77656 ADDRESS f DRESS ADDRESS A s BY(Signature) BTigna. � d) - Y(Signature) J.Rob Clark,AIA �' (Typed name) Typed nantte) (Typed name) DATE DATE DATE AIA Document G701 TM—2001.Copyright ©1979,1987,2000 and 2001 by The American Institute of Architects. All rights reserved. WARNING:This AIAe Document is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AIA®Document,or any 1 portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:11:36 on 08108/2008 under Order No.1000319807_1 which expires on 9/5/2008,and is not for resale. User Notes: (1034399129) RESOLUTION NO. WHEREAS, on May 6, 2008, the City Council of the City of Beaumont, Texas, passed Resolution No. 08-139 awarding a contract in the amount of$1,523,000 plus$1.25 per square foot for soil stabilization to McInnis Construction of Silsbee, Texas, for improvements to Rogers Park; and, WHEREAS, Change Order No. 1, passed by Resolution No. 08-139 on May 6, 2008, in the total amount of($57,262.50)was required to remove 6,905 feet of the walking trail in the amount of ($17,262.50) and for the removal of the resurfacing of the asphalt parking lot on Dowlen Road in the amount of ($40,000) thereby decreasing the contract amount to $1,465,737.50; and WHEREAS, Change Order No. 2 in the amount of $17,465, said amount to be deducted from a contingency allowance of$30,000, is required forfurnishing and installing additional electrical conduit; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to execute Change Order No. 2 in the amount of $17,465, to be deducted from a contingency allowance of $30,000 9 Y thereby leaving a balance of $12,535 in said contingency allowance, and resulting in no change to the total contract amount of$1,465,737.50. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 26th day of August, 2008. - Mayor Becky Ames - D RICH WITH OPPORTUNITY BEA,UMON*T • E . x • A • s City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tom Warner, Director of Public Works MEETING DATE: August 26, 2008 REQUESTED ACTION: Council consider authorizing the acceptance of a water line easement. RECOMMENDATION The Administration recommends acceptance of a water line easement to provide access for fire protection services to Willow Creek Country Club Estates, Section X-C along Grey Hawk. BACKGROUND Phelan Investments has agreed to convey a ten(10)foot wide water line easement to the City of Beaumont. The easement [out of the C. Williams Survey] will provide mandatory access to the water lines and fire hydrants for Section X-C of Willow Creek Country Club Estates and would also allow for the construction, alteration, operation and maintenance of the said water line and appurtenances. BUDGETARY IMPACT None. \-gg ey_-wk-ib 11 August 2008 RESOLUTION NO. WHEREAS, Phelan Investments of Beaumont, has agreed to convey a ten-foot(10') wide Water Line Easement, being a 1.075 acre tract out of the C. Williams Survey, Abstract 59, as described in Exhibit'A," and shown on Exhibit"B, attached hereto, to the City of Beaumont to provide access for fire protection services to Willow Creek Country Club Estates, Section X-C along Grey Hawk; and, WHEREAS, the City Council has considered the purpose of said conveyance and is of the opinion that the acceptance of said conveyance is necessary and desirable and that same should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the easement conveyed by Phelan Investments of _Beaumont, as described in Exhibit 'A" and shown on Exhibit "B," be and the same is hereby accepted. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 26th day of August, 2008. - Mayor Becky Ames - EXHIBIT"A",PAGE 1 OF 4 FIELD NOTE DESCRIPTION FOR A WATER LINE EASEMENT A 1.075 ACRE TRACT OUT OF THE C. WILLIAMS SURVEY,ABSTRACT 59 JEFFERSON COUNTY, TEXAS JULY 21, 2008 That certain 1.075 acre tract for a water line easement out of the C. Williams Survey, Abstract 59, Jefferson County, Texas, being out of a called 154.10 acre tract conveyed to M. A. Phelan as recorded in Volume 1974, Page 238 of the Deed Records of Jefferson County, Texas, said 1.075 acres being more particularly described by metes and bounds as follows: Note: Basis of Bearings is the north line of a called 5.828 acre tract(Tract No. 1), a drainage easement conveyed to Jefferson County Drainage District No. 6 as recorded in Clerks File No. 9800632 of the Official Public Records of Jefferson County, Texas and the south line of Willow Creek Country Club Estates Section X-C, plat recorded in Clerks File No. 2008012575 of the Official Public Records of Jefferson County, Texas having been called North 89 054'16"West 740.23 feet. COMMENCING at a capped iron rod found in the east line of the said 5.828 acre tract for the northwest corner of said Willow Creek Club Estates Section X-C from which a %" iron rod found for an angle point of the said 5.828 acre tract bears North 00 010'58" East 185.23 feet(called North 00°10'58" East 185.23 feet); THENCE South 89 054'16" East along the north line of said Willow Creek Club Estates Section X-C a distance of 120.28 feet (called South 89 054'16" East 120.28 feet) to a capped iron rod found in the west right-of-way line of Grey Hawk for the southwest corner of the said 1.075 acre tract and the POINT OF BEGINNING; THENCE North 00 005'44" East along the west line of the said 1.075 acre tract a distance of 87.20 feet to a point for the PC of a curve; THENCE continuing along the said west line of the 1.075 acre tract with a curve to the right, having a chord bearing of North 20 003'06" East, a chord distance of 102.39 feet and a radius of 150.00 feet, a distance along the curve of 104.49 feet to the PT of the curve; THENCE North 40°00'27" East continuing along the said west line of the said 1.075 acre tract a distance of 44.57 feet to the PC of a curve; THENCE continuing along the said west line and north line of the 1.075 acre tract with a curve to the right, having a chord bearing of North 84 050'33" East, a chord distance of 96.67 feet and a radius of 50.00 feet, a distance along the curve of 182.97 feet to the PT of the curve; Fittz&Shipman,Inc. Project No. 07983 WL Plat&Description EXHIBIT `A' EXHIBIT "A", PAGE 2 OF 4 THENCE South 50 019'21" East continuing along the said north line of the said 1.075 acre tract a distance of 65.64 feet to the PC of a curve; THENCE continuing along the said north line of the 1.075 acre tract with a curve to the left, having a chord bearing of South 85 030'53" East, a chord distance of 144.08 feet and a radius of 125.00 feet, a distance along the curve of 153.55 feet to the PT of the curve; THENCE North 59 017'36" East continuing along the said north line of the said 1.075 acre tract a distance of 24.24 feet to an angle point; THENCE North 04 029'07" East continuing along the said north line of the said 1.075 acre tract a distance of 17.29 feet to a point in the future extension of the westerly right-of-way line of Willow Bend Drive for an angle point; THENCE North 39 039'31" East continuing along the said north line of the said 1.075 acre tract a distance of 60.12 feet to a point in the future extension of the easterly right-of-way line of Willow Bend Drive for the northeast corner of the said 1.075 acre tract; THENCE South 50 020'29" East along the east line of the said 1.075 acre tract a distance of 80.25 feet to the PC of a curve; THENCE continuing along the said east line of the 1.075 acre tract with a curve to the right, having a chord bearing of South 42 026'07" East, a chord distance of 153.69 feet and a radius of 560.00 feet, a distance along the curve of 154.18 feet to a capped iron rod found for the northeast corner of said Willow Creek Club Estates Section X-C and the most easterly southeast corner of the said 1.075 acre tract; THENCE South 55°27'07"West along the north line of said Willow Creek Club Estates Section X-C and a south line of the said 1.075 acre tract a distance of 60.00 feet to a capped iron rod found in the said westerly right-of-way line of Willow Bend Drive for an angle point of the said Willow Creek Club Estates Section X-C and the most easterly southwest comer of the said 1.075 acre tract; THENCE along the said future extension of the westerly right-of-way line of Willow Bend Drive and an interior line of the said 1.075 acre tract with a curve to the left, having a chord bearing of North 42 016'23"West, a chord distance of 134.42 feet and a radius of 500.00 feet, a distance along the curve of 134.82 feet to an angle point; THENCE North 85 046'55"West continuing along an interior line of the said 1.075 acre tract a distance of 24.60 feet to an angle point; THENCE South 59°17'36"West continuing along an interior line of the said.1.075 acre tract a distance of 42.06 feet to the PC of a curve; Fittz&Shipman,Inc. Project No. 07983 WL Plat&Description EXHIBIT "A", PAGE 3 OF 4 THENCE continuing along the said interior line of the 1.075 acre tract with a curve to the right, having a chord bearing of North 85°30'53" West, a chord distance of 201.71 feet and a radius of 175.00 feet, a distance along the curve of 214.98 feet to the PT of the curve; THENCE North 50 019'21" West continuing along the said interior line of the 1.075 acre tract a distance of 84.08 feet to an angle point; THENCE South 40°00'27"West continuing along the said interior line of the 1.075 acre tract a distance of 63.01 feet to the PC of a curve; THENCE continuing along the said interior line of the 1.075 acre tract with a curve to the left, having a chord bearing of South 20 003'06"West, a chord distance of 68.26 feet and a radius of 100.00 feet, a distance along the curve of 69.66 feet to the PT of the curve; THENCE South 00°05'44"West continuing along the said interior line of the 1.075 acre tract a distance of 87.20 feet to a capped iron rod found in the said north line of Willow Creek Club Estates Section X-C and the east right-of-way line of Grey Hawk for the most westerly southeast corner of the said 1.075 acre tract; THENCE North 89 054'16"West along the said north line of Willow Creek Club Estates Section X-C and a south line of the said 1.075 acre tract a distance of 50.00 feet to the POINT OF BEGINNING and containing 1.075 acres of land more or less. This field note description is being submitted along with a plat of even date based on a survey performed by Fittz & Shipman, Inc. during March 2008. � OFr Walter J. Ksiazek '�� Registered Professional Land Surveyor o. 5321 * C'I WALTER J. KSIAZEK 4 21 see so Fittz&Shipman,Inc Project No. 07983 WL Plat&Description NUMBER DIRECTION DISTANCE EXHIBIT "A", Page 4 Of 4 Lt N 00'05'44° E 87.20 L2 N 40'00'27" E 44.57 C2 •�Gr`tU L3 S 50'19'21° E 65.64 TG �' L4 IN 59'17'36" E 24.24 L6 N 39'39'31" E 60.12 L7 S 50'20'29" E 80.25 L8 S 55'27'07" W 60.00 �) L9 N 8546'55" W 24.60 L10 S 59'1736" W 42.06 0 30 60 L11 N 50'19'21" W 84.08 �y J S L12 S 40'00'27" W 63.01 L13 S 00'05'44" W 87.20 L14 N 89'54'16" W 50.00 \ C3 L9 FOUND 3/4' U 1.075 ACRES IRON ROD G o M C6 rti N m_Lo W� W FUTURE DEVELOPMENT $ oo p REMAINDER OF CAPPED m 0 o COMMENCING POINT OF n "2 M. A. PHELAN IRON ROD 1( ° POINT BEGINNING 'J VOL. 1974, PG. 238, D.R.J.C. Z FOUND FOUND POUND (CALLED 154.10 ACRES) FOUND ZCAPPED CAPPED APPED CAPPED co IRON ROD IRON ROD RON ROD IRON ROD ..� L14 3 2 S 89'54'16" E 120.28 00 (CALLED S 89'54'16"E 120.28) NUMBER DELTA RADIUS ' ARC ' CHORD' ICHORD BEARING 4 Cl 39'54'43" 150.00 104.49 102.39 IN 20'03'06" E 15 r4 4 8 7 6 5 C2 209'40'12" 50.00 182.97 96.67 N 84'50'33" E B L O C K 1 x B L 0 C K 2 C3 70'23'03" 125.00 153.55 144.08 S 8530'53" E OF t WILLOW CREEK COUNTRY CLUB c4 15'46'28" 560.00 154.18 153.69 S 42'26'27" E ��� ,•• �' C5 15'26'59" 500.00 134.82 134.42 N 4216'23" W * ��GISTE0p���.s+: ESTATES SECTION X-C C6 70'23'03" 175.00 214.98 201.71 N 85'30'53" W SURVEYOR'S CERTIFICATION: - # y • * CLERKS FILE NO. 2008012575, O.P.R.J.C. I C7 39'54'43" 102.02 69.66 68.26 S 20'03b6" W I DO HEREBY CERTIFY, TO THE BEST OF MY KNOWLEDGE AND BELIEF. 7� # THAT THIS IS AN ACCURATE PLAT OF A SURVEY& DESCRIPTION MAD WALTER J. KSIAZEK DWG.No.9a3WESMT ON THE GROUND UNDER MY SUPERVISION AS OF MARCH 2008. ma WATER LINE EASEMENT .� .x321 Fit#Z&rhipn 4)254. •.'Pp ��;`. INC. PROJECT NAME: NICHOLS DEVELOPMENT CO., INC. •• $$tb••Q Cons fORNERSTONE COURT.RT. BEArveyors C. WILLIAMS SURVEY, A-59 '9h •••••+Q 1405 CORNERSTONE COURT, BEAUMONT, TEXAS PROJECT NO. WALTER J. KSIAZ K SttfiN� (409) 832-7238 FAX(409) 832-7303 BEAUMONT, TEXAS 07963 REGISTERED PROFESSI AL LAND SURVEYOR NO. 5321 DATE: 7-21-OB E RICH WITH OPPORTUNITY BEA,UMON* T • E • X • A • s City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tom Warner, Director of Public Works MEETING DATE: August 26, 2008 REQUESTED ACTION: Council consider authorizing the acceptance of two (2) water line easements. RECOMMENDATION The Administration recommends acceptance of two (2) water line easements to provide access for fire protecttion services at the Westbrook High School campus on Manion Drive. BACKGROUND Beaumont Independent School District has agreed to convey two (2) -ten(10)foot wide water line easements to the City of Beaumont. The Water Line Easements [No. 1 being a 0.044 acre tract and No. 2 being a 0.263 acre tract] will provide mandatory access to the water lines and fire hydrants for the school property and would also allow for the construction, alteration, operation and maintenance of the said water lines and appurtenances. BUDGETARY IMPACT None. 1=gweslbr -08-ib 11 August 2008 RESOLUTION NO. WHEREAS, Beaumont Independent School District has agreed to convey two (2) ten-foot (10')wide Water Line Easements, being a 0.044 acre tract and a 0.263 acre tract situated in the A. Huston League, Abstract No. 33, Jefferson County, Texas, as described in Exhibit'A,"and shown on Exhibit"B, attached hereto,to the City of Beaumont to provide access for fire protection services to the Westbrook High School campus on Manion Drive; and, WHEREAS, the City Council has considered the purpose of said conveyance and is of the opinion that the acceptance of said conveyance is necessary and desirable and that same should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the easements conveyed by Beaumont Independent School District, as described in Exhibit 'A" and shown on Exhibit "B," be and the same are hereby accepted. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 26th day of August, 2008. - Mayor Becky Ames - W "Recognizing the landmarks of the past....setting our foresight ta+vards the future' LAND SURVEYORS, INC. Richard L.Worthey,RPLS J.L.Sims,Jr.,RPLS EXHIBIT"A" Page 1 of 4 July 2,2008 Surveyor's Field Note Description: 0.044 Acre Exclusive Water Line Easement and a 0.263 Acre Exclusive Water Line Easement BEING a 0.044 acre (1901.13 square feet) tract of land (Exclusive City Water Line Easement No. 1) and a 0.263 acre (11455.24 square feet) tract of land (Exclusive City Water Line Easement No. 2) out of and a part of that certain South Park ISD called 100.00 acre tract of land, more fully described and recorded in Volume 1492, Page 5 of the Deed Records of Jefferson County, Texas. Said 0.044 acre (1901.13 square feet) tract of land (Exclusive City Water Line Easement No. 1) and a 0.263 acre (11455.24 square feet) tract of land (Exclusive City Water Line Easement No. 2) being situated in the A. Huston League, Abstract No. 33, Jefferson County, Texas and being more particularly described as follows: Exclusive City Water Line Easement No. 1 —0.044 Acre Tract COMMENCING at a 3/8 inch iron rod found at the Northwest comer of said 100.00 acre tract, same being the Northeast corner of that certain Buckner Baptist Benevolences 29.984 acre tract of land, more fully described and recorded in Volume 1960, Page 26 of said Deed Records and being in the South line of Manion Drive (public right-of-way); Thence South 02 deg. 37 min. 00 sec. East along and with the West line of said 100.00 acre tract, same being the East line of said 29.984 acre tract, a distance of 1706.31 feet to a point; Thence North 87 deg. 23 min. 00 sec. East, a distance of 63.67 feet to a point at the PLACE OF BEGINNING of the herein described tract; THENCE North 87 deg. 32 min. 41 sec. East, a distance of 10.00 feet to a point; THENCE South 01 deg. 24 min. 13 sec. East, a distance of 86.65 feet to a point; THENCE South 89 deg. 37 min. 10 sec. East, a distance of 93.86 feet to a point; THENCE South 00 deg.22 min. 50 sec. West, a distance of 10.00 feet to a point; THENCE North 89 deg. 37 min. 10 sec. West, a distance of 103.55 feet to a point; 7999 Gladys Avenue, Suite 102 Beaumont,Texas 77706-3109 Tel: 409.866.9769 Fax: 409.866.7075. www.wortech.com L EXHIBIT `A' EXHIBIT"A" Page 2 of 4 0.044 Acre Exclusive City Water Line Easement and a 0.263 Acre Exclusive City Water Line Easement THENCE North 01 deg. 24 min. 13 sec. West, a distance of 96.16 feet to the PLACE OF BEGINNING, containing 0.044 acre(1901.13 square feet) of land,more or less. Exclusive City Water Line Easement No. 2—0.263 Acre Tract COMMENCING at a 3/8 inch iron rod found at the Northwest comer of said 100.00 acre tract, same being the Northeast comer of that certain Buckner Baptist Benevolences 29.984 acre tract . of land, more fully described and recorded in Volume 1960, Page 26 of said Deed Records and being in the South line of Manion Drive (public right-of-way); Thence South 02 deg. 37 min. 00 sec. East along and with the West line of said 100.00 acre tract, same being the East line of said 29.984 acre tract, a distance of 1377.78 feet to a point; Thence North 87 deg. 23 min. 00 sec. East, a distance of 69.60 feet to a point at the PLACE OF BEGINNING of the herein described tract; THENCE North 87 deg. 01 min. 06 sec. East, a distance of 299.11 feet to a point; THENCE North 02 deg. 42 min. 56 sec. West, a distance of 50.58 feet to a point; THENCE North 84 deg. 56 min. 02 sec. East, a distance of 130.20 feet to a point; THENCE North 86 deg. 55 min. 44 sec. East, a distance of 232.27 feet to a point; THENCE North 86 deg. 58 min. 57 sec. East, a distance of 227.43 feet to a point; THENCE South 03 deg. 01 min. 03 sec. East, a distance of 10.00 feet to a point; THENCE South 86 deg. 58 min. 57 sec. West, a distance of 227.43 feet to a point; THENCE South 86 deg. 55 min. 44 sec. West, a distance of 232.09 feet to a point; THENCE South 84 deg. 56 min. 02 sec. West, a distance of 120.43 feet to a point; THENCE South 02 deg.42 min. 56 sec. East, a distance of 256.67 feet to a point; EXHIBIT"A" Page 3 of 4 0.044 Acre Exclusive City Water Line Easement and a 0.263 Acre Exclusive City Water Line Easement THENCE South 87 deg. 17 min. 04 sec. West, a distance of 10.00 feet to a point; THENCE North 02 deg.42 min. 56 sec. West,a distance of 205.70 feet to a point; THENCE South 87 deg. 01 min. 06 sec. West, a distance of 299.15 feet to a point; THENCE North 02 deg. 27 min. 19 sec. West, a distance of 10.00 feet to the PLACE OF BEGINNING, containing 0.263 acre (11455.24 square feet)of land,more or less. (This description is based upon a survey made on the ground under my direct supervision on July 1, 2008 and is being submitted along with a survey plat showing the property and facts found as described herein. All bearings are based upon the Texas State Plane Coordinate System, Lambert Projection, NAD83, South Central Zone. All distances and acreages are surface) � OF - �!44�3 ri g a` Re Gie6 Pi&dsi-onal Lana eyor J.L SiAS, JR. q 4599 Q= O S U t�`� • P EXHIBIT "A" Entex, Inc. PAGE 4 OF 4 10' wide Gas Pipeline Eosement EXCLUSIVE CITY WATER LINE EASEMENT P�C Volume 2258, Poge 273 FND 3!8" y D.R.J.C. I.ROD S02°37'00"E 1706.31' -------------- -—— POW i POB —— - s02° 'oo"E 0.044 ACRE N87°23'00"E 1377.78' m z o 63.67' 0.263 ACRE h g$o IL6 FcE' N� ( \ I F4 w P• ��j�R �/ ���� oE� i I I Z� Ewo U urn P y aN� II I � cNCj ° I WP.Jo� ° I J > Q�JQ uaU o� �n^ vw� I m o� W W 1 w uT A' y D~ d- U CO O o 1u 0 1�--/1 a z O G I (.D O �,. s .�4,p'E„Qfy :. 3 W((f.7�� ° w 1.2TP 4�Oyo��eA.4 7=Z a I I v. ^j. X 'u J F� R°�O�iO�y w O\w p I I I 3 d cy O: Q 15 3 04T �d�TC�J o o I I I I O U Q m �J w'-) 1�-j-1� 3 ��� N 3 E I I I Za ° Gladys N I I 1 SITE s VICINITY MAP r- L18' I I L8 Manion NOT TO SCALE ~ L16 / r Phelan //•/ C1 d us so (C 311ege) / EXCLUSIVE CITY eo WATER LINE EASEMENT No.2 I QD 11455.24 SQ.FT. 0.263 ACRE w nt BOUNDARY LINE TABLE o LINE BEARING DISTANCE L1 N87°32'41"E 10.00' a I a z D' 50' 100' 200' L2 S01°24'13"E 86.65' SCALE:V-100' L3 S89°37'10"E 93.86' L4 S00°22'50"W 10.00' ABBREVIATIONS L5 N89°37'10"W 103.55' FND FOUND L6 N01°24'13"W 96.1fi'IRON 1.SD.FT. SSOUAREFEET L7 N87°01'06"E 299.11' DAJ.C. DEED RECORDS JEFFERSON COUNTY LS NO2°42'56"W 50.58' O.PRJ.C. OFFICIAL PUBLIC RECORDS L9 N84°56'02"E 130.20' JEFFERSON COUNTY No. NUMBER L10 S86°5544"W 232.27' I . POC PUCE OF COMMENCING L11 N86°58'57"E 227.43' POB PLACE OF BEGINNING L12 S03°01'03"E 10,00' ALL BEARINGS ARE BASED UPON THE TEXAS L13 S86°58'57"W 227.43' STATE PLANE COORDINATE SYSTEM.LAMBERT L14 S86°5544"W 232.09' PROJECTION,RAD83,SOUTH CENTRAL ZONE. ALL DISTANCES AND ACREAGES ARE SURFACE. L15 S84°56'02"W 120.43' ALL EASEMENTS SHOWN HEREON WERE L16 S02°42'56"E 256.67' 1 PROVIDED IN THE TITLE AND EASEMENT REPORT BY JEFFERSON COUNTY TIRE COMPANY L17 S87°17'04"W 10.00' EFFECTIVE DATE FEBRUARY 19,2008. L18 NO2°42'56"W 205.70' SUBMITTING INFORMATION: BEAUMONT INDEPENDENT SCHOOL DISTRICT L19 S87°01'06"W 299.15' 3395 HARRISON-BEAUMONT,TEXAS m06 L12 FND 112" ATTN:TERRY INGRAM 409A17.5000 L2D NO2°27'19"W 10.00' 1.ROD JOB NO: 2008-049 SURVEYOR'S CERTIFICATION - FIELD BOOK: 671117 .>:F ••.a_ DR.BY: JLS 0 F T THE UNDERSIGNED DOES HEREBY CERTIFY THAT THIS SURVEY DATE: 7!022008 �k� �i*~f i"�"�•f,P PLAT ACCURATELY REPRESENTS AN ON THE GROUND SURVEY �. -IF MADE UNDER MY DIRECT SUPERVISION ON JULY 1,2008,AND IS SCALE: BEING SUBMITTED ALONG WITH THE SURVEYOR'S FIELD NOTE J.L INS,IR. DESCRIPTION OF THE PROPERTY SHOWN HEREON,WHICH LIES IN wRTE C H O•• O JEFFERSON COUNTY,TEXAS. o as9e �Pf•� LAND SURVEYORS, INC. �,ISURV�i 7999 Gladys Avenue,Suite 102 Beaumont,Texas 77706-3109 Tel: 409.866.9769 THIS DOCUMENT NOT VALID Fax:409.866.7075 WITHOUT ORIGINAL SEAL AND RE TE D PROFESSIONAL VEYOR www,wortech.com SIGNATURE OF PERSON CERTFYNG EXHIBIT "B" E RICH WITH OPPORTUNITY BEA,UMON* T • E . g • A • s City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tom Warner, Director of Public Works MEETING DATE: August 26, 2008 REQUESTED ACTION: Council consider authorizing the acceptance of a water line easement. RECOMMENDATION The Administration recommends acceptance of a water line easement to provide access for fire protection services to the Virginia Estates Apartment Complex located off Virginia Street. BACKGROUND Virginia Estates, L.P. has agreed to convey a ten(10)foot wide water line easement to the City of Beaumont. The easement [0.3858 acre out of Block 7, Annie T. Warren Subdivision] will provide mandatory access to the water lines and fire hydrants for the Virginia Estates Apartment Complex and would also allow for the construction, alteration, operation and maintenance of the said water line and appurtenances. BUDGETARY IMPACT None. _ _apc-d) 11 AugW 2008 RESOLUTION NO. WHEREAS,Virginia Estates, L.P., has agreed to convey a ten-foot(10')wide Water Line Easement, being a 0.3858 acre tract out of Block 7, Annie T. Warren Subdivision, as described in Exhibit'A,"and shown on Exhibit"B, attached hereto,to the City of Beaumont to provide access for fire protection services to the Virginia Estates Apartment Complex located off Virginia Street; and, WHEREAS, the City Council has considered the purpose of said conveyance and is of the opinion that the acceptance of said conveyance is necessary and desirable and that same should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the easement conveyed by Virginia Estates, L.P., as described in Exhibit "A," and shown on Exhibit "B," be and the same is hereby accepted. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 26th day of August, 2008. - Mayor Becky Ames - EXHIBIT "A" 0.3858 ACRE OF LAND FOR UTILITIES EASEMENT PURPOSES OUT OF BLOCK 7,ANNIE T. WARREN SUBDIVISION OF THE J. W. BULLOCK LEAGUE,ABSTRACT NO. 7 JEFFERSON COUNTY, TEXAS BEING 0.3858 acre of land out of and a part of Block 7, Annie T. Warren Subdivision of the J. W. Bullock League, Abstract No. 7, recorded in Volume 1, Page 71, Map Records, Jefferson County, Texas; being part of a (Called 6.00) acre tract of land conveyed to Virginia Estates, LP, recorded in File No. 2008021134, Official Public Records, Jefferson County, Texas; said 0.3858 acre tract being more fully described by metes and bounds as follows,to wit: COMMENCING at a point being the Southwest corner of said Block 7, Annie T. Warren Subdivision; said point being in the right of way of a dedicated road named Virginia Street; THENCE, (Called North), on the West line of said Block 7, a distance of(Called 15.00') to a %Z" steel rod, capped and marked "SOUTEX", found for the Southwest corner of the (Called 6.00) acre tract on the North right of way line of said Virginia Street; said ''/z" steel rod being the Southeast corner of a tract of land conveyed to Gulf States Utilities Company, recorded in Volume 1119, Page 588, Deed Records, Jefferson County, Texas; THENCE, East, on the North right of way line of said Virginia Street, same being the South line of the (Called 6.00) acre tract, a distance of 5.00' to a point for corner for the POINT OF BEGINNING and Southwest corner of the herein described tract; THENCE, North 00 deg., 22 min., 53 sec., West, 5.00' East of and parallel to the West line of the (Called 6.00) acre tract, a distance of 564.15' to a point for corner on the North line of the (Called 6.00) acre tract, same being South right of way line of a dedicated road named Rena Street (unimproved); from which a '/2" steel rod found for the Northwest corner of the (Called 6.00) acre tract bears South 89 deg., 25 min., 00 sec., West, a distance of 5.00'; THENCE, North 89 deg., 25 min., 00 sec., East, on the South right of way line of said Rena Street, same being the North line of the (Called 6.00) acre tract, a distance of 453.83' to a point for corner being the Northeast corner of the herein described tract; from which a %2" steel rod found for the Northeast corner of the (Called 6.00) acre tract bears North 89 deg., 25 min., 00 sec., East, a distance of 5.00'; THENCE, South, 5.00' West of and parallel to the East line of the (Called 6.00) acre tract, a distance of 568.76' to a point for corner on the North right of way line of said. Virginia Street, same being the South line of the (Called 6.00) acre tract; from which a '/2" steel rod found for the Southeast corner of the (Called 6.00) acre tract bears East, a distance of 5.00'; EXHIBIT `A' THENCE, West, on the North right of way line of said Virginia Street, same being the South line of the (Called 6.00) acre tract, a distance of 10.00' to a point for corner; THENCE, North, a distance of 244.09' to a point for corner; THENCE, West, a distance of 28.27' to a point for corner; THENCE, North 00 deg., 14 min., 48 sec., West, a distance of 10.00' to a point for corner; THENCE, East, a distance of 28.32' to a point for corner; THENCE,North, a distance of 238.75' to a point for corner; THENCE, South 89 deg., 59 min., 56 sec., West, a distance of 19.78' to a point for comer; THENCE, North 00 deg., 14 min., 48 sec.,West, a distance of 10.00' to a point for corner; THENCE, North 89 deg., 59 min., 56 sec., East, a distance of 19.82' to a point for corner; THENCE,North, a distance of 55.81' to a point for corner; THENCE, South 89 deg., 25 min., 00 sec., West, 10.00' South of and parallel to the North line of the (Called 6.00) acre tract, a distance of 433.76' to a point for corner; THENCE, South 00 deg., 22'min., 53 sec., East, a distance of 56.66' to a point for corner; THENCE, North 89 deg., 37 min., 10 sec., East, a distance of 41.84' to a point for corner; THENCE, South 00 deg., 14 min., 48 sec., East, a distance of 10.00' to a point for corner; THENCE, South 89 deg., 37 min., 10 see., West, a distance of 41.82' to a point for corner; THENCE, South 00 deg., 22 min., 53 sec., East, a distance of 215.99' to a point for corner; THENCE, North 89 deg., 37 min., 07 sec., East, a distance of 23.79' to a point for corner; THENCE, South 00 deg., 14 min., 48 sec., East, a distance of 10.00' to a point for corner; THENCE, South 89 deg., 37 min., 07 sec., West, a distance of 23.77' to a point for corner; THENCE, South 00 deg., 22 min., 53 sec., East, a distance of 261.60' to a point for corner on the North right of way line of said Virginia Street, same being the South line of the (Called 6.00) acre tract; THENCE, West, on the North right of way line of said Virginia Street, same being the South line of the (Called 6.00) acre tract, a distance of 10.00' to the POINT OF BEGINNING and containing 0.3858 acre of land for Utilities Easement Purposes. This description is based on the Land Survey made by Anthony M. Leger, Registered Professional Land Surveyor No. 5481, on July 15, 2008. City of Beaumont LS-07-0736E-1 OF C• ANTHONY EGER q 5481 ,6.'t- 9�0~ O S U Rv�� RENA STREET FOUND 1/2" STEEL N _F70' R.O.W. ) UNIMPROVED ROD IN CONC. FOUND 1/2' STEEL ROD N 89'25'00" E 453.83' SOUTH R.O.W. LINE _ — N 89'22'38" E FOUND 1/2"J/ S 89'25'00" W 433.76' 135.44' ._Go STEEL ROD I JL7 I N L1D I o IN J L12 L5 Y0 LO 101 I Io s 3a<LL(- I I II m F U-)co FOUND R Z OD -} I GPGN�P?O$pjG' N boo C4 `n0F. Sp?R LU C) z x a 1 o Z ic O) 31 L13 I� O Nof1 J L4 I� �'d I N a a o L1 J en L) L2 moq l a zI L2 I j =^� w CJ 0.3858 ACRE OF LAND _'`` z OUT OF BLOCK 7 OF THE I N N ANNIE T. WARREN SUBDIVISION IN THE ;, 5 —I J.W. BULLOCK LEAGUE ABSTRACT NO. 7 CO a CO W JEFFERSON COUNTY, TEXAS N �LO IN � I W a C..1 N O �c� I Z Vi 13 C- )j 5.00' 430.05' NORTH R.O.W_LINE— 16_ L1 FOUND 1/2• BEGINNING STEEL ROD POINT OF VIRGINIA_STREET FOUND 1/2• STEEL ROD CAPPED ( 60' R.O.W. ) EAST 5.00' •SOUTEX' POINT OF COMMENCING CALLED S.W. CORNER BLK. 7 NORTH ANNIE T. WARREN SUB'D 15.00' LINE TABLE LINE TABLE UNE BEARING DISTANCE LINE BEARING DISTANCE L1 WEST 10.00' L9 S 00'22'53' E 56.66' L2 WEST 28.27' LIO N 89'37'10" E 41.84' L3 N 00'14'48" W 10.00' L11 S 00'14'48' E 10.00' L4 EAST 28.32' L12 S 89'37'10" W 41.82' L5 S 89'59'56" W 19.78' L13 N 89'37'07" E 23.79' L6 N 0014'48• W 10.00' 04 S 00'1448"E 10.00' L7 N 8959'56'E 19.82' L15 S 89'37'07" W 23.77' L8 NORTH 55.81' L16 WEST 10.00' SURVEYOR'S VEIrMiCATION: The undersigned does hereby certify that this survey was this day 7/15/08 made of the property legally described hereon and is correct, and that there are no discrepancies, conflicts, shortages of area, boundary line conflicts, encroachments, overlapping of improvements, easements or right of way, except as shown hereon, and that said property has access to and from a dedicated roadway. This survey is certified for this transaction only; it is not tra additional institutions or subsequent owners. c "l •''S T E q�} 4, E'•Q NOTE: ~ q* THONY M. LEGER METES AND BOUNDS T LEGER ACCOMPANY PLAT OF ANTHONY M. EGISTERED PROFESSIONAL LAND SURVEYOR NO. 5481 EVEN DATE 5481 o:Q:o CyL,ofcssl+'� EXHIBIT B 07-0736E-1 0.3858 ACRE OF LAND FOR UTILITIES EASEMENT PURPOSES, OUT OF BLOCK 7 OF THE ANNIE T. 1' v 100' EX WARREN SUBDIVISION VOL. 1, PG. 71, MAP SURVEYORS INC. RECORDS JEFFERSON COUNTY, TEXAS µ/Y4/OS 3737 DOCTORS DRIVE CITY OF 8 Weno by PORT ARTHUR, TEXAS 77642 27 3 T P.O.P (409) 983-2004 (40) ca a n–o^n0 BOX 3827 A. LEGER TEXAS 77707 1 EXHIBIT "B" RICH WITH OPPORTUNITY r C ► � T • E • X • A • s City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tom Warner, Director of Public Works MEETING DATE: August 26, 2008 REQUESTED ACTION: Council consider a resolution accepting maintenance of the street, storm sewer, water and sanitary sewer improvements in the Meadows Subdivision, Phase One"A"West. RECOMMENDATION Administration recommends approval of the following: • Meadow Run from existing Dishman Road approximately 700 feet south to the 3-OM-4P end of roadway markers. • North Sage from Meadow Run approximately 500 feet west to the 3-OM-4P end of roadway markers. • Pampas from North Sage approximately 120 feet north to the end of the loop. • North Blue Stem from Meadow Run approximately 300 feet east to proposed East Blue Stem. • East Blue Stem from North Blue Stem approximately 100 feet south to the 3-OM- 4P end of roadway markers. Also, recommended for approval are the water and sanitary sewer improvements for Lots 1-11, Block 19; Lots 1-5 and 23-25, Block 22; Lots 1-5 and 17-18, Block 23; Lots 1-8, Block 24. BACKGROUND The aforementioned improvements in the subdivision passed final inspection from all entities involved on August 14, 2008. BUDGETARY IMPACT None. MeadowsPhaseOne-cg 08/19/2008 RESOLUTION NO. WHEREAS, construction of the street, storm sewer, water and sanitary sewer improvements constructed in the Meadows Subdivision, Phase One "A" West have been completed as follows: Street. Storm Sewer • Meadow Run from existing Dishman Road approximately 700 feet south to the 3-OM-4P end of roadway markers. • North Sage from proposed Meadow Run approximately 500 feet west to the 3-OM-4P end of roadway markers. • Pampas from proposed North Sage approximately 120 feet north to the end of the loop. • North Blue Stem from proposed Meadow Run approximately 300 feet east to proposed East Blue Stem. • East Blue Stem from proposed North Blue Stem approximately 100 feet south to the 3-OM-4P end of roadway markers. Water and Sanitary Sewer Improvements • Lots 1-11, Block 19. • Lots 1-5 and 23-25, Block 22. • Lots 1-5 and 17-18, Block 23. • Lots 1-8, Block 24. WHEREAS, the developers of said streets desire to have these improvements accepted and maintained by the City; and, WHEREAS, the director of the Public Works and Engineering Department has determined that said improvements meet city standards and qualify for acceptance for permanent maintenance, and the City Council is of the opinion that said improvements should be accepted and maintained by the City of Beaumont; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the above-referenced street, storm sewer, water and sanitary sewer improvements in the Meadows Subdivision, Phase One "A" West, with the exception of streetlights, are hereby accepted by the City of Beaumont and shall be continuously maintained by the City contingent upon filing of the final plat, complete with filings of dedication of all rights-of-way and easements required on the preliminary and final plats and installation of the streetlights. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 26th day of August, 2008. - Mayor Becky Ames - H RICH WITH OPPORTUNITY r T • E • x • A • S City Council Agenda Item TO: City Council FROM: Kyle Hayes, Cit Manager PREPARED BY: Tom Warner, Director of Public Works MEETING DATE: August 26, 2008 REQUESTED ACTION: Council consider authorizing the acceptance of a water line easement. RECOMMENDATION The Administration recommends acceptance of a water line easement to provide access for fire protection services to the Sunlight Manor Apartments Complex located at 2950 S. 8th Street. BACKGROUND Sunlight Manor, L.P. has agreed to convey a ten (10) foot wide water line easement to the City of Beaumont. The easement [0.2699 acre out of Block 25, Cartwright & Roberts Subdivision "A"] will provide mandatory access to the water lines and fire hydrants for the Sunlight Manor and would also allow for the construction, alteration, operation and maintenance of the said water line and appurtenances. BUDGETARY IMPACT None. \engsunlight_apt-ib 20 August 2008 RESOLUTION NO. WHEREAS, Sunlight Manor, L.P., has agreed to convey a ten-foot(10')wide Water Line Easement, being a 0.2699 acre out of Block 25, Cartwright&Roberts Subdivision"A," as described in Exhibit 'A" and shown on Exhibit "B," attached hereto, to the City of Beaumont to provide access for fire protection services to 2950 S. 8th Street; and, WHEREAS, the City Council has considered the purpose of said conveyance and is of the opinion that the acceptance of said conveyance is necessary and desirable and that same should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the easement conveyed by Sunlight Manor, L.P., as described in Exhibit "A," and shown on Exhibit "B," be and the same is hereby accepted. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 26th day of August, 2008. - Mayor Becky Ames - EXHIBIT "A" 0.2699 ACRE OF LAND FOR EXCLUSIVE WATERLINE EASEMENT PURPOSES OUT OF BLOCK 25, CARTWRIGHT AND ROBERTS SUBDIVISION "A" OF THE DAVID BROWN SURVEY, ABSTRACT NO. 5, CITY OF BEAUMONT, JEFFERSON COUNTY,TEXAS BEING 0.2699 acre of land out of and a part of Block 25, Cartwright and Roberts Subdivision "A", City of Beaumont, recorded in Volume 1, Page 139, Map Records, Jefferson County, Texas; being part of a tract of land described in a Release of Regulatory Agreement for property known as Sunlight Manor Apartments, FHA Project No. 114-35085, recorded in File No. 2001023361, Official Public Records, Jefferson County, Texas; said 0.2699 acre tract being more fully described by metes and bounds as follows, to wit: BEGINNING at a %2" steel rod found on the intersection of the West right of way line of a dedicated road named 8d' Street and the South right of way line of a dedicated road named Terrell Street (occupied by drainage ditch); said %2" steel rod being the Northeast corner of said Block 25, Cartwright and Roberts Subdivision "A" and the Northeast corner of said Sunlight Manor Apartments tract; THENCE, South 00 deg., 00 sec., 30 sec., East (Called South), on the West right of way line of said 8h Street,-same being the East line of said Block 25, a distance of 167.23' to point for corner being the POINT OF BEGINNING and Northeast corner of the herein described tract; THENCE, South 00 deg., 00 min., 30 sec., East (Called South), continuing on the West right of way line of said 8th Street, same being the East line of said Block 25, a distance of 10.00' to a point for corner; THENCE, North 89 deg., 56 min., 26 sec., West, a distance of 501.80' to a point for corner being an interior corner of the herein described tract; THENCE, South 00 deg., 21 min., 19 sec., West, a distance of 151.25' to a point for corner being an interior corner of the herein described tract; THENCE, South 89 deg., 57 min., 46 sec., East, a distance of 502.76' to a point for corner on the West right of way line of said 8t' Street, same being the East line of said Block 25; THENCE, South 00 deg., 00 min., 30 sec., East (Called South), on the West right of way line of said 8t' Street, same being the East line of said Block 25, a distance of 10.00' to a point for corner being the Southeast corner of the herein described tract; from which a V2" steel rod found for the Southeast corner of said Sunlight Manor Apartments tract bears South 00 deg., 00 min., 30 sec., East (Called South), a distance of 166.72' EXHIBIT `A' THENCE, North 89 deg., 57 min., 46 sec., West, a distance of 512.82' to a point for corner being the Southwest corner of the herein described tract; THENCE, North 00 deg., 21 min., 19 sec., East, a distance of 171.25' to a point for corner being the Northwest corner of the herein described tract; THENCE, South 89 deg., 56 min., 26 sec., East, a distance of 511.74' to the POINT OF BEGINNING and containing 0.2699 acre of land, more or less. Note: This description is based on the prior surveys made by Soutex Surveyors, Inc. and does not represent a current field survey. 'Anthony M. Leger, Registered Professional Land Surveyor No. 5481. February 27,2008 ITEX Developers—Sunlight Manor Apartments OF � 4NS T f tiF'f' LS-07-0869E T q�•:q o . HOMY M. ?P�Q titiESg�r�i� ° su�� BLOCK 26 g—Z LA 0 0 N L — TR o;0z' — 9TH SEET o� ° ( 60' R.O.W. ) UNIMPROVED N 00'00'30" W 505.00' (CALLED NORTH) 125.00' t N 00'21'19" E 171.25' W p S 00'21'19' W 151.25' " rn n a r CA 0 o z fl m rn rn n 0 CD 0D o, 0 F -Ni lV z 0 Q Lij 0�33 I rn Cn 0 I o C) I m m0 , O"-3 Z x � t"0 A ( ��p I m rn rn 0 ftjj z to z a 0 rn fm*1 N o z 0 000 Vjz Cz iO `Do CA) IN �� ,7"�� N �� I r 00 Ln Oy Cd'b m m 0a I0 0 -3 rn f/J n V �0 bo v co �Z I O v a Itto a C fC11 v a W (71 G 0 a D A I I m0 4 M I I I 2 L12255..00't S 00' '30" E 166.72' S 00'00'30" E 151.05' S 00'00'30" E 167.23' S 0187.29 E Y (C ILED SOUTH) L2 (CALLED SOUTH) L1 (CALLED SOUTH) 18729 8TH STREET ?o0 --10 ( 60' R.O.W. ) rnC M mmrm-� z ° a J-1 o" m r�zNO N DO In n °N I O�� m M0 r >� z Noz LINE TABLE z °n z LINE BEARING DISTANCE c) Ll S 00'00'30" E 10.00' L2 S 00'00'30" E 10.00' SURVEYOR'S CERTMCA710N: 2/Q7/08 made of The undersigned does hereby certif that this survey was this day the property legally described here and is correct, and that said property has access to and from a dedicated roadway. This survey is certi}e" .1 . transaction only; it is not transferable to additional institutions or subsequent owners. r 4 a"S tiF� p = POINT FOR CORN ANTHONY M.LEG ER ANTHONY M. LEGER � C q 5 1 ?Qtm REGISTERED PROFESSIONAL LAND SURVEYOR NO. 5481 EXHIBIT"B" 07-0869E 0.2699 ACRE OF LAND FOR EXCLUSIVE WATER LINE S J� EASEMENT.PART OF BLOCK 25 CARTWRIGHT AND 1" � 100' 1 ]� ROBERTS SUB'D'A" o VOL. 1 PG. 139, MAP RECORDS JEFFERSON 2/27/98 SZ.TR YOBS INC. ITEX DEVELOPERCHASECHASE 37 7 DOCTORS DRIVE SUNLIGHT MANOR APARTMENTS A. LEGER PORT RTHUR, TEXAS 77642 EXHIBIT "B„ (409) 98 -2004 (409) 983-2005 p BEAUMONT, TEXAS 77707 AV PROJECT LOCATION: C:\DRAW\2007107-0869E.DWG RICH WITH OPPORTUNITY [I 17C A. 1"0( T • E • X • A • S City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Laura Clark, Chief Financial Officer � MEETING DATE: August 26, 2008 REQUESTED ACTION: Council consider authorizing the award of a contract for Electrical Services. RECOMMENDATION The administration recommends the award of an annual contract to Gulf Coast Electric of Beaumont, Texas with an estimated total annual expenditure of$73,694. BACKGROUND The contract specifies that the successful bidder will provide assorted electrical services at fixed hourly rates and electrical materials at a fixed percentage markup to maintain City electrical systems. The contract requires the contractor to have personnel onsite to assist the City with emergency repairs in the event of a disaster. The contract term is one (1) year with yearly renewal options not to exceed three (3) years with annual percentage increases based on the Consumer Price Index for all Urban Consumers (CPI-U). Five (5) vendors were notified, with Gulf Coast Electric being the only responding bidder. Gulf Coast Electric was the previous vendor for this contract. The proposed rates reflect an eighteen (18) percent increase from last years' rates. Contract for Electrical Services August 27, 2008 Page 2 Bid tab results are as follows: Est. Gulf Coast Electric Annual Description Beaumont,TX Hours 500 Journeyman Electrician with Service Truck, Regular $57.00/hour $28,500 300 Journeyman Electrician with No Truck, Regular $42.58 /hour $12,774 100 Helper-No Truck, Regular $35.00/each $3,500 250 Journeyman Electrician with Service Truck, Overtime $81.90/hour $20,475 100 Journeyman Electrician with No Truck, Overtime $59.95 /hour $5,995 50 Helper-No Truck, Overtime $49.00/hour $2,450 ESTIMATED ANNUAL TOTAL: $73,694 MATERIAL MARK UP ABOVE COST]II 10 % BUDGETARYIMPACT Funds are available for this expenditure in the Building Service Division's operating budget. RESOLUTION NO. WHEREAS, bids were received for an annual contract for electrical services and materials for City electrical systems; and, WHEREAS, Gulf Coast Electric, Beaumont, Texas, submitted a bid in the unit costs shown below for an estimated total annual expenditure of $73,694: 500 Journeyman Electrician with Service Truck,Regular $57.00/hour $28,500 300 Journeyman Electrician with No Truck, Regular $42.58/hour $12,774 100 Helper-No Truck, Regular $35.00/each $3,500 250 Journeyman Electrician with Service Truck,Overtime $81.90/hour $20,475 100 Journeyman Electrician with No Truck, Overtime $59.95/hour $5,995 50 Helper-No Truck, Overtime $49.00/hour $2,450 ESTIMATED ANNUAL TOTAL: $73,694 MATERIAL MARK UP ABOVE COST: I 10% and, WHEREAS, City Council is of the opinion that the bid submitted by Gulf Coast Electric, Beaumont, Texas, should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the bid submitted by Gulf Coast Electric, Beaumont, Texas, for an annual contract for electrical services and materials for City electrical systems in the unit amounts shown above for an estimated total expenditure of$73,694 be accepted by the City of Beaumont. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 26th day of August, 2008. - Mayor Becky Ames - RICH WITH OPPORTUNITY BEA,UMON* T * E * X * A * S REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS AUGUST 26,2008 1:30 P.M. AGENDA CALL TO ORDER * Invocation Pledge Roll Call * Presentations and Recognition * Public Comment: Persons may speak on scheduled agenda items 3 and 4/Consent Agenda * Consent Agenda GENERAL BUSINESS 1. Consider a request to amend Section 304, Definitions, Section 30-24B, Permitted Use Table and Section 30-33, Special Conditions, City of Beaumont Zoning Ordinance 2. Consider a request for a specific use permit to allow a floral shop and gift boutique in the CBD(Central Business District)at 770 Neches 3. Consider a request to abandon a portion of Maddox Street and all of Maddox Circle 4. Consider authorizing the purchase of a centralized storage system related to police vehicle digital video 5. PUBLIC HEARING: Receive comments relating to a grant agreement with the Texas Department of Transportation for the City of Beaumont to receive State Public Transportation Funds Consider authorizing the City Manager to execute an agreement with the Texas Department of Transportation for the City of Beaumont to receive State Public Transportation Funds 6. PUBLIC HEARING: Receive comments on the 2008 (FY 2009)Proposed Tax Rate of$0.64 WORKSESSION * Review and discuss a report related to Hurricane Rita Travel Trailers COMMENTS * Councilmembers/City Manager comment on various matters * Public Comment (Persons are limited to 3 minutes) EXECUTIVE SESSION * Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code: Keith Breiner vs. The City of Beaumont Tina Lewallen vs. The City of Beaumont Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact Lenny Caballero at 880-3716 three days prior to the meeting. 1 August 26, 2008 Consider a request to amend Section 30-4, Definitions, Section 30-24B, Permitted Use Table and Section 30-33, Special Conditions, City of Beaumont Zoning Ordinance RICH WITH OPPORTUNITY [I I'L"A, T • E • x • A • S City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager C')3 PREPARED BY: Chris Boone, Community Development Director MEETING DATE: August 26, 2008 REQUESTED ACTION: Council consider a request for amendments to Section 30-4, Definitions, Section 30-24B,Permitted Use Table and Section 30-33, Special Conditions, City of Beaumont Zoning Ordinance. RECOMMENDATION The Administration recommends approval of a request for amendments to Section 30-4, pp re q Definitions, Section 30-24B, Permitted Use Table and Section 30-33, Special Conditions, City of Beaumont Zoning Ordinance. BACKGROUND Due to issues that arose with the placement of"Industrialized Housing" in the Pine Island Bayou Estates Addition, city staff is recommending changes to Sec. 30-4, Definitions, Sec. 30-24B, Permitted Use Table and Sec. 30-33, Special Conditions of the City of Beaumont Zoning Ordinance. The proposed amendments are as follows: Sec. 30.4, Definitions - 32. INDUSTRIALIZED HOUSING: A residential structure that is designed for the occupancy of single family or duplex use; which bears an approved decal or insignia, clearly visible, under rules promulgated by the State of Texas signifying the dwelling as "industrialized"; that is intended to be installed on a permanent foundation system approved by the locally adopted building codes; that meet all other locally adopted building codes; and that meet all other State and local requirements for industrialized housing. Sec. 30-24B,Permitted Uses - SEC 30-24 B PERMITTED USE TABLE - i 1 ZONING DISTRICT Parldng Special , PERMITTED PRIMARY USES Group Cond. SIC A-R I RS RM-M I RM-Ii RCA NC NSC GC-&M GC-MD-7 CBD C-M LI Hl PUD GROUP i I bWH3iASSipI�Ek 1( S.. l � j I AESIDEI1'f1Art�SES. P P P 1P P S P Single-Family Dwellings 3 25 S S 1P 1P P I ,S IS Two-Femlly Dwellings 3 25 Sec. 30-33, Special Conditions - 27. Single family or duplex industrialized housing must have all local permits and licenses that are applicable to other single family or 4uplex dwellings. Any industrial housing shall: a. Have a value equal to or greater than the median taxable value of each single family dwelling located within 500 feet of the lot on which the industrialized housing is proposed to be located, as determined by the most recent certified appraisal for the County. Value shall be defined as the taxable value of the industrialized housing and lot after installation of the housing; b. Have exterior siding,roofing, roof pitch, foundation fascia, and fenestration compatible with the majority of the single family dwellings located within 500 feet of the lot on which the industrialized housing is proposed to be located; C. Comply with building setbacks, subdivision ordinance and other site requirements applicable to single family and duplex dwellings; and d. Be securely fixed to a permanent foundation as defined by the City of Beaumont adopted building codes. Permanent foundation shall mean one of the following: 1) Pier and beam foundation as designed by a registered professional engineer licensed in the State of Texas. 2) A combination pier and footing as designed by a registered professional engineer licensed in the State of Texas. 3) A monolithic poured in place slab as designed by a registered professional engineer licensed in the State of Texas. At a Joint Public Hearing held August 18, 2008,the Planning Commission recommended approval 9:0 of a request for amendments to Section 30-4, Definitions, Section 30-24B, Permitted Use Table and Section 30-33, Special Conditions, City of Beaumont "Zoning Ordinance. BUDGETARYIMPACT None. ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING CHAPTER 30, SECTIONS 30-4 (DEFINITIONS), 30-24B (PERMITTED USE TABLE)AND 30-33(SPECIAL CONDITIONS)OF THE CODE OF ORDINANCES OF THE CITY OF BEAUMONT TO ADDRESS INDUSTRIALIZED HOUSING; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. THAT Chapter 30, Article I, Section 30-4, Definitions, be amended to add the following definition: Industrialized Housing: A residential structure that is designed for the occupancy of single family or duplex use; which bears an approved decal or insignia, clearly visible, under rules promulgated by the State of Texas signifying the dwelling as "industrialized;" that is intended to be installed on a permanent foundation system approved by the locally adopted building codes; that meets all other State and local requirements for industrialized housing. Section 2. THAT Chapter 30, Article II, Section 30-24B, Permitted Uses, be amended to read as follows: ZONING DISTRICT PERMITTED PRIMARY USES Parking Special Group Cond. SIC A-R R-S RM-M RM-H RCR NC NSC GC-MC GC-MD-2 CBD C-M U HI PUD GROUP NON-CLASSIFIED USES RESIDENTIAL USES P P P P P S P Single-Family Dwellings 3 25 S S P P P S S Two-Family Dwellings 3 25 Section 3. That Chapter 30, Article III, Section 30-33, be and the same is hereby amended to add the following special condition: (27) Single family or duplex industrialized housing must have all local permits and licenses that are applicable to other single family or duplex dwellings. Any industrial housing shall: a. Have a value equal to or greater than the median taxable value of each single family dwelling located within 500 feet of the lot on which the industrialized housing is proposed to be located, as determined by the most recent certified appraisal for the County. Value shall be defined as the taxable value of the industrialized housing and lot after installation of the housing; b. Have exterior siding, roofing, roof pitch, foundation fascia, and fenestration compatible with the majority of the single family dwellings located within 500 feet of the lot on which the industrialized housing is proposed to be located; C. Complywith building setbacks,subdivision ordinance and other site requirements applicable to single family and duplex dwellings; and d. Be securely fixed to a permanent foundation as defined by the City of Beaumont adopted building codes. Permanent foundation shall mean one of the following: 1) Pier and beam foundation as designed by a registered professional engineer licensed in the State of Texas. 2) A combination pier and footing as designed by a registered professional engineer licensed in the State of Texas. 3) A monolithic poured in place slab as designed by a registered professional engineer licensed in the State of Texas. 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 this the 26th day of August, 2008. - Mayor Becky Ames - 2 August 26, 2408 Consider a request for a specific use permit to allow a floral shop and gift boutique in the CBD (Central Business District) at 770 Neches RICH WITH OPPORTUNITY [IEA1111�10111)( T • E • X • A • S City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager Cs1 PREPARED BY: Chris Boone, Community Development Director MEETING DATE: August 26, 2008 REQUESTED ACTION: Council consider a request for a specific use permit to allow a floral shop and gift boutique in the CBD (Central Business District) at 770 Neches. RECOMMENDATION The Administration recommends approval of the request for a specific use permit to allow a floral shop and gift boutique in the CBD (Central Business District) at 770 Neches. BACKGROUND Renee Hubbell and Missy Phythian, the owners of Petals Florist, have applied for the specific use permit. Msses. Hubbell and Phythian intend to provide fresh flowers and decorations for weddings and special events, arrangements and plants for funerals, fresh flower arrangements for all occasions, silk arrangements and home decorations, as well as unique gift items. The floral shop will occupy one of the rental spaces in a commercial building that was constructed as part of the Cathedral Square development. One of the commercial spaces is currently occupied by a pizza and pasta restaurant. At a Joint Public Hearing held August 18, 2008, the Planning Commission recommended approval 9:0 of the request for a specific use permit to allow a floral shop and gift boutique in the CBD (Central Business District) at 770 Neches. BUDGETARY IMPACT None. ORDINANCE NO. ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A FLORAL SHOP AND GIFT BOUTIQUE IN THE CBD (CENTRAL BUSINESS DISTRICT) FOR PROPERTY LOCATED AT 770 NECHES 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 Renee Hubbell and Missy Phythian to allow a floral shop and gift boutique in the CBD (Central Business District) for property located at 770 Neches, being Lots 465, 466 and 467, Block 62, Beaumont Addition, City of Beaumont, Jefferson County, Texas, containing 0.44 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: NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That a specific use permit to allow a floral shop and gift boutique in the CBD (Central Business District) for property located at 770 Neches, being Lots 465, 466 and 467, Block 62, Beaumont Addition, City of Beaumont, Jefferson County,Texas, containing 0.44 acres, more or less, as shown on Exhibit'A," attached hereto and made a part hereof for all purposes, is hereby granted to Renee Hubbell and Missy Phythian, their legal representatives, successors and assigns. Section 2. That the specific use permit herein granted is expressly issued for and in accordance with each particular and detail of the site plan attached hereto as Exhibit "B" and made a part hereof for all purposes. Section 3. Notwithstanding the site plan attached hereto, the use of the property herein above described shall be in all other respects subject to all of the applicable regulations contained in Chapter 30 of the Code of Ordinances of Beaumont, Texas, as amended, as well as comply with any and all federal, state and local statutes, regulations or ordinances which may apply. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 26th day of August, 2008. - Mayor Becky Ames - File 1958-P: Request for a specific use permit to allow a floral shop and gift boutique in the CBD Central Business District). Location: 770 Neches Applicant: Petals Florist,Inc. 0 100 200 I I Feet Legend C BD 1958P :'CBD CBp . �r i CBD Al Y r , C `EGE ST . -, Gw. RCR_ C , D EXHIBIT `A' "1 '� �h �� 111111 1!I�II!ily I� W !uul;'1,!111,w� ■ ���� � '�_�I' � �� �■'■-� IIIII!i null� ��� � .�. .� .pia. �, �.. No. INS Imill !illlli;:11!Ilir4 � ■ y � !lilll�'hlllll� I I I I I � nun I�Idunw� ��I■ IIIIII'lWil y s t, 3 August 26,2008 Consider a request to abandon a portion of Maddox Street and all of Maddox Circle RICH WITH OPPORTUNITY [11'EmA,1111011T ( T • E • X • A • S City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager LSD PREPARED BY: Chris Boone, Community Development Director MEETING DATE: August 26, 2008 REQUESTED ACTION: Council consider a request to abandon a portion of Maddox Street and all of Maddox Circle. RECOMMENDATION The Administration recommends approval of the request to abandon a portion of Maddox Street and all of Maddox Circle. BACKGROUND Jefferson County Drainage District#6 has applied for the abandonment. DD#6 has developed a plan to relieve the flooding in south Beaumont by constructing the Lamar Detention Basin Project-FEMA. DD#6 has acquired the property on each side of that portion of Maddox Street and Maddox Circle to develop the Lamar Detention Basin. DD#6 has contacted the utility companies to remove all service from that area. The request was sent to all interested parties. No negative responses were received. At a Regular Meeting held August 18, 2008, the Planning Commission recommended approval 9:0 to abandon a portion of Maddox Street and all of Maddox Circle. BUDGETARYIMPACT None. geerson -64y Drainage District No. 6 P.O. Box 20078 6550 Walilen M. - Beaumont, Jexas 77720-0078 Jelephone (409) 842-1818 Tax (409) 842-2729 aabuslud in 1920 RSCSIVED �tT ' lUW Board of Directors Sam O. Smith William F.Miranda 2008 Joshua W.Allen, Sr. Samuel R Laday July 24, 2008 ,lames D. McNicholas Richard R.LeBlanc, Jr. GENERAL MANAGER City of Beaumont Planning Division, Room 205 City Hall 801 Main Street Beaumont, Texas.77701 Re: Application for Abandonment of a portion of Maddox.Street and all of Maddox Circle being located in the College Place 3`d Addition, Beaumont, Jefferson County, Texas, in connection with Ditch No. 104 — Lamar Detention Basin Project - FEMA To Whom It May Concern: Jefferson County Drainage District No. 6 (the District) has developed a plan to relieve the flooding in south Beaumont, being called the Lamar Detention Basin Project-FEMA. The District is requesting that a small portion of Maddox Street all of Maddox Circle located south of Florida be abandoned for the above and , mentioned project. The District has acquired the property on each side of the portion of Maddox Street and all of Maddox Circle, being located in the above mentioned addition. (See shaded area on attached plat) This area will become part of the Lamar Detention Basin. The District has contacted the utility companies (City of Beaumont-water, Centerpoint Energy-gas, and Entergy-electricity) to remove all service from that area. Drainage, Storm Vawr:Management, a-7ooa'Control, eclarnatlon and Comowtion. Enclosed, please find a plat of this area, along with the "Application For Public Right-of-Way Abandonment". Please place this item on the next agenda for the City of Beaumont's Council Meeting. If you have any questions you can contact, Candy Melancon at the (409) 842-1818 or Jim Broussard at (409) 880-6591. Sincerely, bn Amc - Candy Me&tE Right-of-Way Secretary Enclosure ORDINANCE NO. ENTITLED AN ORDINANCE ABANDONING A PORTION OF MADDOX STREET AND ALL OF MADDOX CIRCLE IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. BE IT ORDAINED BY THE CITY OF BEAUMONT: THAT a portion of Maddox Street and all of Maddox Circle, as described in Exhibit"A" and shown in Exhibit "B" attached hereto, be and the same are hereby vacated and abandoned. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 26th day of August, 2008. - Mayor Becky Ames - LEGAL DESCRIPTION FOR ORDINANCE PURPOSES Maddox Street- Being a portion of Maddox Street, beginning at the northeast corner of Lot 6 and northwest corner of Lot 17, Block 1, College Place 3rd Addition and continuing approximately 175' in a southeasterly direction to its intersection with Maddox Circle, City of Beaumont, Jefferson County, Texas, containing 0.208 acres,more or less. Maddox Circle- Being all of Maddox Circle,beginning at the southwest corner of Lot 17,Block 1, College Place 3rd Addition and continuing approximately 217' in a northeasterly direction to its end also being the west property line of Lot 14,Block 1, College Place 3'Addition, City of Beaumont, Jefferson County Texas, containing 0.30 acres, more or less. EXHIBIT `A' 1 �I 0 100 200 1 I Feet _ . _.-.-.. R-S Legend 7330B n VERMONT ST rn T =om __ RM-H JOSEPH ST R-S m v I --_ - - - -RCS- --- - - -- ---- --- 0 E FLORIDA AVE N PARKWAY DR W MONSOON ' R-S 'R-S ` RA G2 � `, '��'�, �; ,. RCS``• '` ' Q� ,R I S EXHIBIT "B" 4 August 26,2008 Consider authorizing the purchase of a centralized storage system related to police vehicle digital video RICH WITH OPPORTUNITY r T • E • X • A • s City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Bart Bartkowiak, Chief Technology Officer Z3 MEETING DATE: August 26, 2008 REQUESTED ACTION: Council consider a resolution authorizing the purchase of a centralized storage system for police vehicle digital video in the amount of$368,855.96. RECOMMENDATION Administration recommends purchasing the centralized storage system from Sigma Solutions, Inc. under the State's Department of Information Resources contract. BACKGROUND The Department of Information Resources (DIR) is the State's information technology agency and they assist other state and local government agencies with the acquisition and management of information technology. The DIR offers negotiated contracts that take advantage of the state's aggregate buying power. Purchases from these contracts meet all statutory bidding requirements. On March 6, 2007, Council authorized the City Manager to apply for and receive funding from the Department of Homeland Security 2007 Port Security Grant Program. One of the three approved projects was the replacement of in-car camera systems for 100 police vehicles with data link and storage capability. The digital in-car camera system is antiquated and replacement parts are becoming unavailable this year. State and Federal law requires video monitoring by vehicles routinely used for law enforcement patrol and traffic duties. The new system will require extensive storage space to accomodate storing video from the large number of vehicles that will be equipped. BUDGETARY IMPACT In order to maximize use of the central storage solution, the Technology Services Division will utilize the one central storage solution for various storage needs within the City. Grant funds in the amount of$174,720 will be used towards the purchase price with the remaining$194,135.96 coming from the FY08 Technology Services operating budget and Capital Reserve Fund. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Council hereby approves the purchase of a centralized storage system from in the amount of $368,855.96 from Sigma Solutions, Inc., through the State of Texas Department of Information Resources (DIR) contract. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 26th day of August, 2008. - Mayor Becky Ames - 5 August 26,2008 PUBLIC HEARING: Receive comments relating to a grant agreement with the Texas Department of Transportation for the City of Beaumont to receive State Public Transportation Funds Consider authorizing the City Manager to execute an agreement with the Texas Department of Transportation for the City of Beaumont to receive State Public Transportation Funds RICH WITH OPPORTUNITY r T • E • X • A • S City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tom Warner, Director of Public Works MEETING DATE: August 26, 2008 REQUESTED ACTION: Council conduct a public hearing and consider a resolution authorizing the City Manager to execute an agreement with the Texas Department of Transportation to receive State Public Transportation Funds. RECOMMENDATION The Administration recommends that Council conduct a public hearing and authorize the City Manager to execute a State/Local Urban Public Transportation Fiscal Year 2009 Project Grant Agreement with the Texas Department of Transportation for the City to receive State Public Transportation Funds. BACKGROUND City Council annually authorizes the City Manager to execute a contract with the Texas Department of Transportation for the City to receive State Public Transportation Funds. These funds are used towards the City's local share of operating costs for the Beaumont Municipal Transit System. The City is scheduled to receive $370,668 in State Public Transportation Funds. The amount of funds received in previous years is provided below: FISCAL YEAR AMOUNT 2007 $371,289 2006 $431,336 2005 $396,895 2004 $426,348 BUDGETARY IMPACT State funding,totaling$370,668,will fund part ofthe estimated local share of$1,800,000 to operate the Beaumont Municipal Transit System for FY 2009. RECIPIENT: City of Beaumont STATE/LOCAL PUBLIC TRANSPORTATION (SECTION 5307)GRANT AGREEMENT-STATE PROJECT GRANT AGREEMENT NO.: URB 0901(20) STATE PROJECT#:5192OF7044 SERVICE AREA:City of Beaumont MASTER GRANT AGREEMENT#517XXF7044 THE STATE OF TEXAS § THE COUNTY OF TRAVIS § STATE/LOCAL URBAN PUBLIC TRANSPORTATION FISCAL YEAR 2009 PROJECT GRANT AGREEMENT THIS PROJECT GRANT AGREEMENT (PGA) is made by and between the State of Texas, acting through the Texas Department of Transportation, hereinafter called the "State," and City of Beaumont, hereinafter called the "Recipient." WITNESSETH WHEREAS, Transportation Code, Chapter 455, authorizes the State to assist the Recipient in procuring aid for the purpose of establishing and maintaining public and mass transportation projects and to administer funds appropriated for public transportation under Transportation Code, Chapter 456; and, WHEREAS, the Recipient, as a 49 U.S.C. Section 5307 urban provider, submitted a Fiscal Year 2009 Grant Application, Part I (GA Part 1) for state financial assistance to be used to provide transportation services; and, WHEREAS, the Texas Transportation Commission has approved Minute Order Number 111394; and, WHEREAS, the Recipient must execute a GA Part I at the start of each fiscal year grant period for consideration for new state grants; and, WHEREAS, a Master Grant Agreement (MGA) between the Recipient and the State has been adopted and states the general terms and conditions for grant projects developed through this PGA. NOW, THEREFORE, in consideration of the premises and of the mutual covenants hereinafter set forth, the State and the Recipient hereto agree as follows: AGREEMENT ARTICLE 1. GRANT TIME PERIOD This PGA becomes effective when fully executed by both parties or on September 1, 2008, whichever is later. This PGA shall remain in effect until August 31, 2009, unless terminated or otherwise modified in an Amendment. This PGA will not be considered fully executed until both parties have executed a MGA, and the Recipient has submitted the GA Part 1 to the State. The time period of this PGA cannot be extended past the MGA without exception. Any cost incurred before or after the contract period shall be ineligible for reimbursement. ARTICLE 2. PROJECT DESCRIPTION The Recipient shall commence, carry out and complete the public transportation project described in the GA Part I and/or the attached Attachment A -Approved Project Description, with all practicable dispatch, in a sound, economical and efficient manner. The Recipient shall carryout the public transportation project described in the GA Part I and the attached Attachment A-Approved Project Description in accordance with all of the documents associated with the MGA, and with all applicable federal and state laws and/or regulations. If applicable, the Recipient shall begin competitive procurement procedures by issuing an invitation for bids or a request for proposals no later than sixty (60) days after the effective date of this grant agreement for the purchase of the approved line item(s) referenced in Attachment A-Approved Project Description. No later than sixty (60) days after the issuance of public notification, the Recipient shall publicly open all bids or privately review proposals. The Recipient shall enter into a binding agreement with a supplier no later than thirty (30) days after the opening of an acceptable bid or proposal. The Recipient shall notify the department in writing when it is necessary to exceed these deadlines. ARTICLE 3. COMPENSATION The maximum amount payable under this PGA without modification is $370,668 provided that expenditures are made in accordance with the amounts and for the purposes authorized in the GA Part I and the Attachment B - Master Project Budget. The original and one copy of the invoice is to be submitted to the following address: Howard Holland, P.E., District Engineer Texas Department of Transportation 8350 Eastex Freeway Beaumont , Texas 77708 ARTICLE 4. AMENDMENTS Except as noted in the MGA, changes in the scope, objectives, cost or duration of the project authorized herein shall be enacted by written amendment approved by the parties hereto before additional work may be performed or additional costs incurred. Any amendment so approved must be executed by both parties within the grant period specified in the MGAArticle 1, Grant Time Period. ARTICLE 5. SUCCESSORS AND ASSIGNS The Recipient binds themselves, their successors, assigns, executors and administrators in respect to all covenants of this agreement. The Recipient shall not sign, sublet or transfer their interest in this agreement without the written consent of the State. ARTICLE 6. LEGAL CONSTRUCTION In case any one or more of the provisions contained in this agreement shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision thereof and this agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. ARTICLE 7. PRIOR AGREEMENTS This agreement constitutes the sole and only agreement of the parties hereto and supersedes any prior understandings or written or oral agreements between the parties respecting the public transportation grant specifically authorized and funded under this agreement. ARTICLE 8. INCORPORATION OF PROVISIONS Attachments are attached hereto and incorporated into this contract as if fully set forth herein. ARTICLE 9. SIGNATORY WARRANTY The undersigned signatory for the Recipient hereby represents and warrants that he or she is an officer of the organization for which he or she has executed this agreement and that he or she has full and complete authority to enter into this agreement on behalf of the organization. IN TESTIMONY WHEREOF, the parties hereto have caused these presents to be executed in THE STATE OF TEXAS CITY OF BEAUMONT Executed for the Executive Director and approved for the Texas Transportation Commission for the purpose and By: effect of activating and/or carrying out the orders, Signature of Authorized Officer established policies or work programs heretofore approved and authorized by the Texas Transportation Commission. Typed, Printed or Stamped Name By: Title: John Barton, P.E. Beaumont District Engineer Date: Date: List of Attachments A - Approved Project Description B - Master Budget Page ATTACHMENT A APPROVED PROJECT DESCRIPTION The application for State assistance, as submitted to the State, is hereby incorporated into this agreement as the project description. [Insert a Narrative Project Description] The state funding in the amount of$370,668 will be used to pay for a portion of the operating expenses of the Beaumont Municipal Transit system for FY 2009. it will be used to offset the local share of the expenses. Expenses include the labor,fringe benefits,fuel,tires, parts,supplies, purchased services, insurance,taxes and licenses, utilities,and any other expenses related to the operation and maintenance of the transit system. ATTACHMENT B MASTER PROJECT BUDGET. [Insert a Printed Copy of the Appropriate Electronic Budget Page] Beaumont Municipal Transit Estimated Budget for FY 2009 Federal Share $1,800,668 State Share $ 370,668 City Share $1,800,000 Farebox $ 715,000 Total $4,715,000 RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to execute a State/Local Urban Public Transportation Fiscal Year 2009 Project Grant Agreement with the Texas Department of Transportation for the City of Beaumont to receive State Public Transportation Funds in the amount of $370,668 to assist in operating costs for the Beaumont Municipal Transit System. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 26th day of August, 2008. - Mayor Becky Ames - 6 August 26,2008 PUBLIC HEARING: Receive comments on the 2008 (FY 2009)Proposed Tax Rate of$0.64 RICH WITH OPPORTUNITY BEA,UMON* T • E • x • A • s City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Laura Clark, Chief Financial Officer MEETING DATE: August 26, 2008 REQUESTED ACTION: Council to hold a public hearing on the 2008 (FY 2009) Proposed Tax Rate. RECOMMENDATION Administration recommends that Council hold a public hearing,as scheduled,on the 2008(FY 2009) Proposed Tax Rate of$0.64. In accordance with the Property Tax Code,the Council must make the following announcement:The meeting to vote on the tax rate will be held on September 16,2008 at 1:30 p.m. in the Council Chambers. BACKGROUND Chapter 26 of the Property Tax Code requires taxing units to comply with truth-in-taxation laws in adopting their tax rate. Two public hearings are required if the proposed tax rate exceeds the lower of the effective tax rate or the roll back tax rate. A Notice of Public Hearing on Tax Increase is required to be published in the newspaper, on the city website, and on a television channel, if available. The notice was published in the newspaper on August 19,2008 and is on the website and cable channel 4 regarding the proposal to increase total tax revenue from properties on the tax roll by 8.39%. Although there is a proposed decrease in the tax rate of$0.014, the increase is related to an increase in appraised property values. BUDGETARYIMPACT Applying the proposed tax rate of $0.64 and a 97% collection rate, budgeted revenues of $26,651,000 and $12,659,000 respectively to the General and Debt Service Funds are anticipated. The total rate of$0.64 is apportioned$0.433897/$100 assessed valuation to the General Fund and $0.206103/$100 assessed valuation toward the Debt Service Fund. WORKSESSION • Review and discuss a report related to Hurricane Rita Travel Trailers RICH WITH OPPORTUNITY [1EA,[1140NT T - E e x • A • s City Council Workshop TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Chris Boone, Community Development Director SUBJECT: "Rita Trailer"Workshop MEETING DATE: August 26, 2008 COMMENT: In the wake of 2005's Hurricane Rita, FEMA provided temporary housing to about 400 families in the form of travel trailers. In Beaumont, travel trailers used as a residence are prohibited in neighborhoods by the Zoning Ordinance. However, the City Council approved ordinances allowing the use of these FEMA trailers until September, 2007 to allow additional time for home repairs. At that point, approximately 169 trailers remained and the City Council offered more time for those who requested extensions. All extensions have now expired and of the 400 trailers originally documented, seven(7)remain occupied. A brief status of these seven is as follows: a 3393 d Street/1923 Broadway: The owner states that the home is not able to be occupied because of a roof leak,but there is no evidence that work is being done. a 680 Rhone: The owner is approved for a new home through ACS, the State's Disaster Recovery contractor. a 1593 West Lucas: The owner states that he is working to repair the home,but that progress is slow as he is only able to work on weekends. a 3455 Blossom: The owner states that he does not have the financial capacity to perform the foundation repairs. a 1735 Highland: Pending the resolution of a property tax issue,the owner will receive one of the final homes built under the City's Disaster Recovery program. a 2296 Victoria: The owner has applied to ACS for Disaster Recovery funding. a 4310 Congress: The owner has signed for the City letter requesting information on this property,but we have been unable to communicate with the owner, otherwise. As it is now almost three years since the storm and as these dwellings rapidly depreciate in value and can adversely affect surrounding neighborhoods, we request your consent to move forward with enforcing the Zoning Ordinance. This would be done under the normal enforcement procedure, allowing the inspector to issue a written warning and file charges in Municipal Court, if the violation is not abated. Additional details about each site are attached. Recommendation We recommend resuming enforcement of the Zoning Ordinance as it relates to trailers in single- family zoning districts. If you have any further questions,please do not hesitate to contact me at 880-3167. I _s 1. Address: 339 Third/1923 Broadway Owner: Lothell T.Gibson City Inspector,Lois Balka spoke with the owner's daughter on July 28,2008 as to why the travel trailer was still being occupied. Mrs.Jackson stated that the contractor that they hired did not complete the job and the roof was still leaking and being worked on. She explained that her mother could not live in the home as they continue to work on the property. The only permit issued at this address is a roofing permit issued on June 6,2008. The inspector requested documentation to verify that work is still ongoing. No document has been submitted and it appears that no work is being done. f w K' I r: s 1., 2. Address: 680 Rhone Applicant: Goltis Lazard,Jr. Permits have been issued at the this site,work has been done and inspected for the slab and plumbing work. Also,Mr.Lazard has applied and been approved for a new home through the State of Texas Disaster Recovery contractor,ACS. 4 fi h x s;T dip 6k, Nd4 "I 3. Address: 1593 W Lucas Applicant: Harold Himel Mr.Himel is in the process of remodeling his home. He had purchased a Rita repair permit on September 12,2007,which expired on March 10,2008. No inspections had been made. City Inspector,Lois Balka talked with Mr.Himel on August 8, 2008 and explained that his permit had expired. Mr Himel then purchased a new permit on August 8,2008. Mr. Himel also explained that he has been working on the home since September of 2007, and is still unable to finish the home,as his repair time is limited to the weekends. 4^ _< J i v 4. Address: 3455 Blossom Applicant: Woodrow Barlow Jr. On August 1,2008 the owner informed City Inspector,Lois Balka that he purchased the travel trailer for temporary use while the foundation work was being done on his home. Mr.Barlow has received a bid for foundation work,but his insurance does not cover foundation work. Mr.Barlow informed Mrs.Balka that he is unable to afford to repair the foundation. j I f 5. Address: 1735 W.Highland Applicant: Dwight Harrison Mr.Harris applied to the City of Beaumont's Disaster Recovery program and is awaiting a new home,pending resolution of an issue concerning property taxes. We do expect the owner to receive one of the final homes built under the City's Disaster Recovery program. F S =p. yr w ` y 6. Address: 2296 Victoria Applicant: Debar Kay Parrish Mrs.Debra Parrish has applied to the Texas Department of Housing and Community Affair's Disaster Recovery program. The City has confirmed that this application has been made the State's contractor,ACS, and is under review. _ r } 7. Address: 4310 Congress Applicant: Dat Duy Tran The owner,Mr.Tran,was sent a certified warning letter on July 29,2008. The letter was singed by Mr.Tran on August 5,2008,but he has not yet responded to the City as to why he continues to occupy the travel trailer in violation of the zoning ordinance. Other attempts to contact the owner have been unsuccessful.