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PACKET DEC 09 2008
RICH WITH OPPORTUNITY BEA,IIMON* T - E - X - A - S REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS DECEMBER 9, 2008 1:30 P.M. CONSENT AGENDA * Approval of minutes * Confirmation of committee appointments A) Approve Change Order No. 1 for the Calder Avenue Drainage Project B) Approve the purchase of a Forensic Recovery of Evidence Data Center for use in the Police Department C) Authorize the City Manager to receive funding through the Department of Homeland Security Grant Program D) Authorize the City Manager to apply for and receive funding through the U.S. Department of Homeland Security 2009 Emergency Management Performance Grant program to assist states and local governments in developing and carrying out emergency management programs E) Approve a payment for fiscal year 2009 dues to the South East Texas Regional Planning Commission(SETRPC) F) Authorize the granting of a Utility Crossing Agreement to cross city utility easements outside the corporate limits G) Authorize the acceptance of water line easements from Spindletop Hospitality, Inc. to provide access for fire protection services at the new Holiday Inn located at 7140 Eastex Freeway H) Authorize the acceptance of a sanitary sewer easement off Chinn Lane I) Authorize the acceptance of water line easements from Baptist Hospitals of Southeast Texas J) Approve a resolution to allow Capital One Bank to pledge a security as additional collateral held at the Federal Reserve Bank for City accounts K) Approve the waiver of penalties and interest on twenty-three tax accounts processed by the Jefferson County Tax Assessor-Collector's Office L) Authorize the settlement of the lawsuit styled Curtis Guillory v. City of Beaumont, Texas A RICH WITH OPPORTUNITY IIEA,111�1011T 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: December 9, 2008 REQUESTED ACTION: Council consider a resolution approving Change Order No. 1 for the Calder Avenue Drainage Project. RECOMMENDATION The Administration recommends approval of Change Order No. 1 in the amount of-$59,762.39 for adding and deleting construction item quantities to the Calder Avenue Drainage Project. BACKGROUND On June 10, 2008, City Council awarded Reytec Construction Resources,Inc. the contract for the Calder Avenue Drainage Project in the amount of$23,733,567.95. Change Order No. 1 is required to add and delete construction item quantities for roadway and water system improvements to the contract. The change order in the amount of-$59,762.39 will decrease the contract amount to $23,673,805.56. A copy of the change order is attached. BUDGETARY IMPACT Funds are available in the Capital Program. CITY OF BEAUMONT DATE: Sept.22,2008 PROJECT: Calder Avenue Drainage Diversion and Pavement Improvement Project OWNER: City of Beaumont CONTRACTOR: Reytec Construction Resources Inc. CHANGE ORDER NO.: 01 TH. ROLLUWING CHAIVGF.S IN 1i;E PLANE PiiRD�OR SPECII iGATIQNS;AR IREBY,DJIA])i Add Construction Items and/or quantities to the Contract: Item Item t Original New Unit Amount No. Code Destriplimt Unit Quantity Quantity Price uanti[ uanti 247 002 FLEX BASE TY A GR 1 CY 4324.9 0.00 $52.00 3224,894.80 247 002 FLEX BASE TY A OR 4 CY 0 4324.90 $60.76 $262,780.92 400 002 CEM STABLI BKFL CY 6469.1 12163.31 $60.00 $341,652.60 132 001 EMBKMNT FINAL DENS CONT)(TY A) CY 28362.2 22667.99 $20.00 -$113,884.20 247 001 FLEX BASE TY A GR 1(4") Sy 0 10460.91 $20.00 $209,218.18 247 002 FLEX BASE TY A GR 1(6") SY 0 19373.64 A $30.00 $581,209.09 247 003 FLEX BASE TY A GR 1(8")(w/OIL) Sy 0 1114.55 $40.00 $44,581.82 340 001 ASPHALT STABLIZED BASE(4") TON 2301.4 0.00 $110.00 3253,154.00 340 002 ASPHALT STABLIZED BASE(6') TON 6393.3 0.00 $110.00 -$703,263.00 340 003 .ASP[IALT STABLIZED BASE W) TON 490.4 0.00 $110.00 353,944.00 WATER UTLITIES 810 020 Furnish&Install 10"x 6"Reducer EA 1 0 $250.00 -$250.00 810 022 Furnish&install 24"x 10"MJ Tee EA 1 0 $2,400.00 -$2,400.00 810 022 Furnish&Install 24"x 6'M1 Tee EA 0 1 $2,285.00 $2,285.00 069 Junction Box(Storm)at Broadway and Calder EA 1 2 0 $60,000.00 4120,000.00 070 84"RCP Storm Sewer LF 27 0 $1,100.00 429,700.00 ADD TOTAL AMOUNT -$59,762.39 ORIGINAL CONTRACT AMOUNT: $23,733,567.95 NET FROM PREVIOUS CHANGE ORDERS: $0.00 TOTAL AMOUNT OF THIS CHANGE ORDER: -$59,762.39 PERCENT OF THIS CHANGE ORDER: -0.25 TOTAL PERCENT CHANGE ORDER TO DATE: -0.25 NEW CONTRACT AMOUNT: $23,673,805.56 CaNTRr)C CgLIybAIYAY .l�tOI; FHGCl.g1tH�SCAIYGkC11�pR ACCEPTED BY: CO RACTOR APPROVED BY: JORIS P.COLBERT,CITY KYLE HAYES,CITY MANAGER ENGINEER ATTESTED BY: TOM WARNER,DIRECTOR OF PUBLIC WORKS TINA BROUSSARD,CITY CLERK RESOLUTION NO. WHEREAS, on June 10, 2008, the City Council of the City of Beaumont, Texas, passed Resolution No. 08-174 awarding a contract in the amount of $23,733,567.95 to Reytec Construction Resources, Inc., of Houston, Texas, for a contract for the Calder Avenue Drainage Diversion and Pavement Improvement Project (Phase 1); and, WHEREAS, Change Order No. 1 in the amount of -$59,762.39 is required to add and delete construction item quantities for roadway and water system improvements to the contract, thereby decreasing the contract amount to $23,673,805.56. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager is hereby authorized to execute Change Order No. 1 in the amount of-$59,762.39, thereby decreasing the contract amount to $23,673,805.56. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 9th day of December, 2008. - Mayor Becky Ames - B RICH WITH OPPORTUNITY i T • E • X • A • s City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Bart Bartkowiak, Chief Technology Officer X3,3 MEETING DATE: December 9, 2008 REQUESTED ACTION: Council consider approving the purchase of a Forensic Recovery of Evidence Data Center for use in the Police Department. RECOMMENDATION The administration recommends the approval of the purchase from Digital Intelligence of New Berlin, W1. in the amount of$59,936. BACKGROUND Digital Intelligence is a sole source vendor that specializes in computer analysis forensic systems. The forensic tools are intended to provide investigative analysis and intelligence capabilities necessary for investigation of computers involved in criminal activities. The Data Center allows for centralized file sharing by multiple investigators in the Police Department. BUDGETARYIMPACT Funding in the amount of$44,952.00 is available from the Department of Homeland Security 2006 Port Security Grant. The 25%match of$ 14,984.00 is available from the Capital Reserve Budget. FREDC Page 1 of 6 :inc r� Digital rr ntellige rkae_.',.. �■�yII`1'' I"'�i,: li).l4r,-r;R4 Y:1. ccii`t*:i:C. ;.;� t�tClEal i1TS'119.iC3 e v Why FREDC? Faster Than a Local Hard Drive FORENSIC HARDWARE ► Image a hard drive directly to a Forensic File Server 25%faster than IC SOFTWARE local hard drive...DIRECTLY to the server over standard Copper Giga �ORENS ► There's no need to image to your workstation and then copy it up to FORENSIC TRAINING 1 FORENSIC SERVICES ► Significantly Faster Than a Windows Server A Forensically Optimized Network Operating System 300%faster that SIGN UP ON THE DI MAILING LIST running on the same hardware!Ite_C%-th_e-SQ2f(These EnCase im were from May 2006-our current hardware performance is even bet DIGITAL INTELLIGENCE 17165 W.Glendale Drive 2.5 to 3 GB/Minute New Berlin,WI 53151 Image a 30 GB drive in less than 12 minutes,an 80 GB drive in just o 866-DIGINTEL(866-344-4683) DIRECTLY to the server. Outside the US:262-782-3332 Site Contents Copyright©2008 Keep Your Existing Clients www.DigjtalIntelligence.com Use the same Operating Systems on your desktop as always(i.e.Win Forensic Network Operating System integrates seamlessly with your e 11 FORENSIC SPECIALISTS ONLINE Centralized File Storage Consolidate your storage investment.No need to buy lots of standalone hard drives to pass around your lab.No wond case data is.Stop wasting money on individual hard drives or portable RAID arrays. Centralized Access Control/Security Decide who has access to what evidence from a single vantage point.Determine which investigators have access to w optionally log all access to your evidence. Centralized File Sharing Allow multiple investigators to work on a single case using a single set of Data Files. Centralized Data Backup Backup and Restore data from a single vantage point into a single offline repository using a 16 tape OLT robotic tape I your data in two separate locations at all times(online and offline). http://www.digitalintelligence.com/products/fredc/ 2/1/2008 FREDC Page 2 of 6 0 to 60 in Two Days FREDC equipment is typically installed in 2 days.Equipment assembly and configuration on Day 1,and your orientatio 2.Take your lab from an outdated workstation centric environment to a fully optimized forensic network in 2 days.(Y( have been relying on networks since the late 80's-now its your turn to blow them away.) Completely Configured It's a complete network in a rack including all TCP/IP services(DNS/DHCP).Just connect your workstations with Cat Ethernet,load the network client,and you're ready to go!We establish a proven storage architecture that makes your simple and your backup activities manageable.We even set up your backup jobs and establish your automatic drive m Instead of imaging to a local hard drive(i.e,"D:")you simply use your network drive letters instead(i.e."R:"). Easy to Maintain We provide approximately a full day of orientation/training for the person(s)who will be managing the server.Since o an appliance(no blue screens,no daily patches),the routine tasks are minimal.Adding/Removing Investigator accoun Backups,and modifying access control(if required)are essentially all that needs to be done. Easy to Use The only thing your investigators(users)will notice is a different login screen on their workstations and a bunch of nee letters.Everything else stays the same! It's that Sim lel It's that Fast!Nothing else even comes closes p 9 FREDC Configuration Must Be Quoted PLEASE CALL 866-344-4683 or 262-782-3332 About FREDC FREDC is our Forensic Recovery of Evidence Data Center.FREDC provides fully integrated processing power and Flexib any forensic solution available.The highly customizable modular solution is capable of housing up to 8 completely inde processing systems.Optional online storage of up to 88 terabytes(88,000 GB)in high speed RAID-5 arrays is available The system houses a completely integrated Gigabit Ethernet Forensic Network in less than a 2 by 3 foot footprint.It is provide forensic network services and storage to pre-existing forensic workstations in your network.An Integrated,ret LCD/Keyboard module.Custom systems include a selection of the following:7.0 terabyte RAID-5 Array,Forensic Reco Device-Rackmount Module(FRED-RM)and number of users for your network. The design of FRED-C allows for customization to meet almost any forensic requirement.In a simple implementation, single Forensic File Server with a high capacity RAID array to act as centralized storage for forensic images.A FRED R; (FRED-RM)functions as a forensic processing workstation.A typical FRED-C configuration might employ a single FREC to serve as a centralized point of image acquisition for the entire FRED-C system.One or more additional FRED Rackm (FRED-RM)can then be included to support the processing of multiple forensic images(or a single image with multipiE processes being performed at the same time!).If all this FRED-RM stuff sounds confusing,give us a call and we'll hell: configuration that meets your requirements. .Since all of our FRED systems use the exact same motherboard and system devices,Operating Systems(ours or yours interchangeable between the platforms(FRED-RM,FRED,FREDDIE,FRED Sr,or FRED-M).Whether you modify our pr operating systems,or install your own,the same resulting_O/S images can be installed on any of your FRED systems! http://www.digitalintelligence.com/products/fredc/ 2/1/2008 RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Council hereby approves the purchase of a Forensic Recovery of Evidence Data Center from Digital Intelligence of New Berlin, Wisconsin, in the amount of$59,936. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 91h day of December, 2008. - Mayor Becky Ames - c RICH WITH OPPORTUNITY BEA,UMON* T • E • x • A • s City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Frank C. Coffin, Jr., Chief of Police MEETING DATE: December 9, 2008 REQUESTED ACTION: Council consider authorizing the City Manager to receive funding in the amount of$212,200 through the Department of Homeland Security Grant Program(HSGP). RECOMMENDATION Administration recommends approval. BACKGROUND The Homeland Security Grant Program consists of a number of grant programs, one of which is the State Homeland Security Program which Beaumont receives money from on a yearly basis. Funding includes $134,500 that will be used by the firefighters and police tactical response members to modernize and replace worn out or malfunctioning tactical communication headsets and provide hands-free communication capability necessary for safe field operations. An additional $22,000 will be used to complete the final phase of a project to enhance facility security at Fire stations and $15,700 for hazardous material responses. The Police Department will utilize 20,000 to provide advanced tactical training to enhance response capabilities and $20,000 for enhanced Emergency preparedness. BUDGETARY IMPACT An additional $212,200 for fire and law enforcement enhancements with no matching funds from the city. 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 apply for and receive funding for the City of Beaumont through the Homeland Security Grant Program (HSGP) in the amount of $212,200 under the State Homeland Security Program (SHSP) for use by the Fire and Police Departments. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 9th day of December, 2008. - Mayor Becky Ames - D RICH WITH OPPORTUNITY I T • E • X • A • s City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Frank C. Coffin, Jr., Chief of Police MEETING DATE: December 9, 2008 REQUESTED ACTION: Council consider authorizing the City Manager to apply for and receive funding in the amount of up to $126,158.37 through the U.S. Department of Homeland Security, 2009 Emergency Management Performance Grant (EMPG) program. RECOMMENDATION Administration recommends approval. BACKGROUND The Department of Homeland Security EMPG funding is provided to assist states and local governments in developing and carrying out emergency management programs. Funds are used to comply with the National Incident Management System, the Incident Command System, planning and training mandates, as well as reducing the personnel costs to manage the program. The federal funding guidelines are envisioned to cover up to half the anticipated operating expenses which are currently funded through the city's budget. The City was awarded $44,000 from this funding source in fiscal year 2008. BUDGETARYIMPACT City would receive grant funding in a total amount not to exceed $126,158.37 which could potentially halve the $252,316.75 the City currently anticipates spending in fiscal year 2009 for the Emergency Management program. 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 apply for and receive funding in the amount of $126,158.37 through the U.S. Department of Homeland Security, 2009 Emergency Management Performance Grant (EMPG) program. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 9th day of December, 2008. - Mayor Becky Ames - E RICH WITH OPPORTUNITY BEAUMON* 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: December 9, 2008 REQUESTED ACTION: Council consider approving a payment of fiscal year 2009 dues to the South East Texas Regional Planning Commission (SETRPC) RECOMMENDATION Administration recommends approval of the payment of fiscal year 2009 dues to the South East Texas Regional Planning Commission in the amount of$42,702.32. BACKGROUND The SETRPC was established in June of 1970 under enabling legislation as a voluntary association of local governments.Its purpose is to encourage and permit local governments to join and cooperate with one another to improve the health and safety of their citizens,to plan for future development and transportation efforts; and to recognize the needs of agriculture, business and industry, among other things. The City of Beaumont supports the SETRPC and the community projects they perform. Some of the programs these dues will fund are the Criminal Justice Program;the Area Agency on Aging(AAA) Program; the Homeless Coalition;the Foster Grandparents Program(FGP); and the Retired Senior Volunteer Program(RSVP). BUDGETARY IMPACT Funds are budgeted in the General Fund.. South East Texas Regional Planning Commission 2210 Eastex Freeway Beaumont, Texas 77703-4929 (409) 899-8444 October 31, 2008 INVOICE City of Beaumont P O Box 3827 Beaumont, Texas 77704 FY 2009 SETRPC MEMBERSHIP DUES SETRPC Dues $13,663.92 Criminal Justice Programs $1,874.34 AAA Program S10,903.02 Homeless Coalition 59,298.56 FGP Program S2,661.218 RSVP Program $4.301.20 Total Ins nice 542�70,2.32) Tl IAN K l"Ol I11 1:,\S1: RF'fl RN Yl:I.1.O\\ ('OPY \\ ITI1 P.\l RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Council hereby approves the payment of fiscal year 2009 dues to the South East Texas Regional Planning Commission (SETRPC) in the amount of $42,702.32. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 9`h day of December, 2008. - Mayor Becky Ames - RICH WITH OPPORTUNITY [I I'Em A,11 1�1 U1 11 T T • E • X • A • $ City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tom Warner, Director of Public Works MEETING DATE: December 9, 2008 REQUESTED ACTION: Council consider authorizing the granting of a Utility Crossing Agreement to cross city utility easements outside the corporate limits. RECOMMENDATION The Administration recommends authorization to grant a Utility Crossing Agreement to cross city utility easements outside the corporate limits. BACKGROUND Coastal Caverns, Inc., through their agent, Eagle-Pro Engineering, has requested permission to install a pipeline across utility easements adjacent to Erie Street and Florida Avenue. The pipeline is for the purpose of transporting oil, gas, water or their products and will be constructed in accordance with City requirements. BUDGETARY IMPACT There is a one-time fee of$500 for the Utility Crossing Agreement and an annual fee of $103.50 which represents $2.25 per linear foot of pipeline crossing the City easements. engcoastal_caverns-ib 24 November 2008 1 2 1 3 I 4 ( 5 I 6 1 7 I 8 9 10 1 11 1 12 1 13 14 15 1 16 't1LZ—Q A A B 8 3: C p. C i z D D E E OCoastal Caverns,Inc. P NOTICE OF CONFIDEWW TY i F D G )C-IN(f PLAN VIEW EAGLE-PRO KP OFOP BFAUA10Nf�TE�IU.SA K.COsro D.IAPgNf `DAAPOINT 1SP Out 9 509 9 S 00 915/08 9 s9D "'�16•BRINE DISPSAL PIPELINE H H EAGLE-PRO PLAN COAST&"\'�ws INC . "`�„�.g 388031-P-009 • !or 1 2 3 4 5 6 7 8 10 t1 12 13 1a 15 16 1 2 3 4 5 6 7 8 9 1 10 11 12 13 14 15 16 A A 8 B C C D PmnwE YYarcM (EExTExU D �aA r PARTIAL PLAN WNE KKUNE TO OaLVRON PA V-JR' OIEVROR P/L 3'-0'COVER 06POSLL WELLS OIFIRDII P/L I'-�'COOIEVROR P/L I'-6'COVER CxDA10x R/L 1'-0-COVER PA a'-0-COVER OF BEA W 12' ON LRRS SxOWN ARE APPROXHATE OT Of BGAOYCxT 16' E PLroWFLL E B'SUx P.L.6•COVER Coastal Caverns,Inc. F �� ~wL1uRU cROUxD a � F NOTICE OF CONFIDENTIAU TY L 1� a• 8'-WB-329-D% I YB-729-DY W-'MB-329-U El 10 a s� �i e�im�m a Gpt COMWWTION SEED/ VV�+•w..u..-oo 3UWI-P-010 - Fl2 eva El O' PI R f1 P3 ft F4 F3 13 FS {LI G F6 .1 G FOR CONT9RATIOR SEE aw BI ,Bl—P—DID EAGLE-PRO PL RO�FIL u 1SSVQR UPa pPa pLd� K.COSNWN D.LAPONT 'D.LAPOINT B S 1 M. 1 9006 1"e 75' O 900 H EAGLE-PRO 16'BRINE DISPOSAL PIPELINE H - -------- PLAN AND PROFILE CO-STAL GNQNS INC. �`i 36BwT•P-009 A 6 6 1 1 2 3 4 1 5 6 7 1 8 9 10 11 12 13 14 15 16 1 2 3 4 5 6 7 8 9 1 10 11 12 13 14 15 16 A A B B r a.xA mawxast 54-r0-ax.,. ax{Clp m�xxMY .ao .xxax..,o,a loco bb mA�waa E mn«as E a� OCoastal Caverns,Inc. F E NOTICE OF CONFIDENTLAUTV G .G EAGLE-PRO (� BEPllrAfIXJf�1>_U.SA M W,pw a0 1 %.Co%1 D.LAFdNf %%1I 10 W 00 a tau xa�nv�w xa 1•'� D aeoD 24 BRINE PIPELINE H H IECTIO_ N4 EAGLE PRO ' PLAN wuD 17x•.1•-D %xe>tc�•%." ..,_ _...e.,� cnASrALCAVERNS INc 3MMI-P-OM A !Q 9 1 2 3 a 5 6 7 1 8 10 1 11 12 13 1 14 1 15 1 16 1 1 2 1 3 4 5 6 7 8 1 9 10 1 11 12 13 14 15 1 16 A A C C D D E E 0.0 —a o O Coastal Caverns,Inc. F -F NOME OF CONFIDENTIALFTY 'G 8 sss a ss a as q: rs EAGLE-PRo B!E4=WONTjDM SA OR I 101�1))�";o. XXOS ww D.ucowr —'W03108 1 '070DOMB 1 3 Da I X011- D I H rEAGLE-PRO 4'BRINE PIPELINE PROFILE STA+50+00 TO+70,0U COASTAL CAvam i 3MMI-P-OW F=A iwg 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 grant a Utility Crossing Agreement to Coastal Caverns, Inc., through their agent, Eagle-Pro Engineering, to install a pipeline across utility easements adjacent to Erie Street and Florida Avenue for the purpose of transporting oil, gas, or water. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 91h day of December, 2008. - Mayor Becky Ames - G RICH WITH OPPORTUNITY r T • E • X • A • s City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager �(-*D PREPARED BY: Tom Warner, Director of Public Works MEETING DATE: December 9, 2008 REQUESTED ACTION: Council consider authorizing the acceptance of water line easements from Spindletop Hospitality, Inc. RECOMMENDATION The Administration recommends acceptance of water line easements to provide access for fire protection services at the new Holiday Inn Express located at 7140 Eastex Freeway. BACKGROUND Spindletop Hospitality, Inc has agreed to convey two (2) water line easements to the City of Beaumont. The Water Line Easements [No. 1 being a 0.1512 acre tract and No. 2 being a 0.0061 acre tract for a meter], located out of Lot 1 of the W. E. Johnson Subdivision, will provide mandatory access to the water lines and fire hydrants for the hotel property [7140 Eastex Freeway] and would also allow for the construction, alteration, operation and maintenance of the said water lines and appurtenances. BUDGETARYIMPACT None. \enghohday_inn-ib 3 December 2008 RESOLUTION NO. WHEREAS, Spindletop Hospitality, Inc., has agreed to convey two (2) water line easements located out of Lot 1 of the W. E. Johnson Subdivision, City of Beaumont, Jefferson County, Texas, as described in Exhibit "A" and shown on Exhibit "B" attached hereto and made a part hereof for all purposes, for the purpose of providing mandatory access to the water lines and fire hydrants for the Holiday Inn Express located at 7140 Eastex Freeway and allowing for the construction, alteration, operation and maintenance of said water lines and appurtenances; 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 Spindletop Hospitality, Inc., be and the same are hereby, in all things, accepted. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 9' day of December, 2008. - Mayor Becky Ames - EXHIBIT "A" EASEMENT I Legal Description: 0.1512 Acre Water Line Easement A. Duwe Survey, Abstract No. 459 Beaumont, Jefferson County, Texas BEING a 0.1512 acre water line easement situated in the A. Duwe Survey, Abstract No. 459, Jefferson County, Texas and also being out of and part of Lot 1 of the W. E. Johnson Subdivision, a subdivision of the City of Beaumont, Jefferson County, Texas, according to the plat thereof recorded in Volume 3, Page 212, Map Records, Jefferson County, Texas and being out of and part of that certain called 2.000 acre tract of land as described in a "Special Warranty Deed with Vendor's Lien" from Eastex Four, Ltd. to Spindletop Hospitality, Inc. as recorded in Clerk's File No. 2008021540, Official Public Records of Real Property, Jefferson County, Texas, said 0.1512 acre tract being more particularly described as follows: !VOTE: All bearings are based on the Southeasterly line of the said 2.000 acre Spindletop Hospitality, Inc. tract as SOUTH 32°02'43" WEST. BEGINNING at a 5/8" iron rod found for the most Northerly corner of the tract herein described, the same being the most Northerly corner of the said 2.000 acre Spindletop Hospitality, Inc. tract and said corner also being the most Easterly corner of that certain called 2.070 acre tract of land as described in a "General Warranty Deed" from Thomas Lee Hanna, Jr. and Jessica Hanna to Craig Thiry as recorded in Clerk's File No. 2006044849, Official Public Records of Real Property, Jefferson County, Texas, and also being the most Easterly corner of the Lot 2 of the said W.E. Johnson Subdivision and the most Northerly corner of the said Lot 1 and said corner also being in the Southwesterly right-of-way line of Concord Road; THENCE SOUTH 55°48'16" EAST, along and with the Southwesterly right-of-way line of Concord Road, for a distance of 10.01 feet to a point for corner; THENCE SOUTH 31 025'43" WEST, for a distance of 68.28 feet to a point for comer; THENCE SOUTH 57°57'17" EAST, for a distance of 5.97 feet to a point for corner; THENCE SOUTH 32 002'43" WEST, for a distance of 18.89 feet to a point for comer; THENCE NORTH 57°57'17" WEST, for a distance of 5.76 feet to a point for corner; THENCE SOUTH 31025'43" WEST, for a distance of 208.13 feet to a point for corner; THENCE SOUTH 31°58'43" WEST, for a distance of 165.54 feet to a point for corner; EXHIBIT"A" Page 1 of 3 AfARIC W. WHITELEY AND ASSOCIATES,INC. THENCE SOUTH 58 003'07" EAST, for a distance of 176.31 feet to a point for corner, said corner being in the Southeasterly line of the said 2.000 acre Spindletop Hospitality, Inc. tract and in the Northwesterly line of that certain called 10.604 acre tract of land as described in a "Special Warranty Deed" from Eastex Four, Ltd. to Academy, Ltd. as recorded in Clerk's File No. 2007023100, Official Public Records of Real Property, Jefferson County, Texas; THENCE SOUTH 32 002'43" WEST, for the boundary between the said 2.000 acre Spindletop Hospitality, Inc. tract and the said 10.604 acre Academy, Ltd. tract, for a distance of 10.00 feet to a 5/8" iron rod with a cap stamped "M.W. Whiteley & Associates found for corner, said corner being the most Southerly corner of the said 2.000 acre Spindletop Hospitality, Inc. tract and being the most Easterly corner of the remainder of that certain called 3.0876 acre tract of land as described in a "Special Warranty Deed" from Orange Savings Bank, SSB to Eastex Four, Ltd. as recorded in Clerk's File No. 2007023480, Official Public Records of Real Property, Jefferson County,Texas; THENCE NORTH 58 003'07" WEST, for the boundary between the said 2.000 acre Spindletop Hospitality, Inc. tract and the remainder of the said 3.0876 acre Eastex Four, Ltd. tract, for a distance of 186.29 feet to a 5/8" iron rod with a cap stamped "M.W. Whiteley & Associates" found for corner, said corner being in the Northwesterly line of the said Lot 1 and the Southeasterly line of the said Lot 2 and in the Southeasterly line of that certain called 2.69 acre tract of land as described in a "Warranty Deed with Vendor's Lien" from Branding Iron Western Corral, Inc. to Bertino Investments, Inc. as recorded in Film Code No. 104-80-0514, Official Public Records of Real Property, Jefferson County, Texas; THENCE NORTH 3105637" EAST, for the boundary between the easement herein described and the said 2.69 acre Bertino Investments, Inc. tract, the same being the Northwesterly line of the said Lot 1 and the Southeasterly line of the said Lot 2, for a distance of 14.15 feet to a 1/2" iron rod with a cap found for comer, said corner being an angle point in the Northwesterly line of the said 2.000 acre Spindletop Hospitality, Inc. tract; THENCE NORTH 31°58'43" EAST, continuing for the easement between the tract herein described and the said 2.69 acre Bertino Investments, Inc. tract, the same being the Northwesterly line of the said Lot 1 and the Southeasterly line of the said Lot 2, for a distance of 161.35 feet to a 1/2" iron rod (bent) found for corner, said corner being the most Easterly corner of the said 2.69 acre Bertino Investments, Inc. tract and the most Southerly corner of the said 2.070 acre Thiry tract; THENCE NORTH 31025'43" EAST, for the boundary between the easement herein described and the said 2.070 acre Thiry tract, the same being the Northwesterly line of the said Lot I and the Southeasterly line of the said Lot 2, the same being the Northwesterly line of the said 4.215 acre Orange Savings Bank, SSB tract, and the Northwesterly line of the said 3.0876 acre Eastex Four, Ltd. tract, for a distance of 295.74 feet to POINT OF BEGINNING and containing 0.1512 ACRES, more or less. EXHIBIT"A" Page 2 of 3 MARK W. WHITELEY AND ASSOCIATES,INC. EASEMENT II Legal Description: 0.0061 Acre Water Line Easement Thomas Spear League, Abstract No. 50 Beaumont, Jefferson County, Texas BEING a 0.0061 acre water line easement situated in the Thomas Spear League, Abstract No. 50, Jefferson County, Texas and also being out of and part of Lot I of the W. E. Johnson Subdivision, a subdivision of the City of Beaumont, Jefferson County, Texas, according to the plat thereof recorded in Volume 3, Page 212, Map Records, Jefferson County, Texas and being out of and part of that certain called 2.000 acre tract of land as described in a "Special Warranty Deed with Vendor's Lien" from Eastex Four, Ltd. to Spindletop Hospitality, Inc. as recorded in Clerk's File No. 2008021540, Official Public Records of Real Property, Jefferson County, Texas, said 0.0061 acre tract being more particularly described as follows: NOTE: 411 bearings are based on the Southeasterly line of the said 2.000 titre Spindletop Hospitalitv, Inc. tract as SOUTH 32°02'43" WEST. COMMENCING at a 518" iron rod found for the most Easterly corner of the said 2.000 acre Spindletop Hospitality, Inc. tract, said corner also being the most Northerly confer of that certain called 10.604 acre tract of land as described in a "Special Warranty Deed" from Eastex Four, Ltd. to Academy, Ltd. as recorded in Clerk's File No. 2007023100, Official Public Records of Real Property, Jefferson County, Texas and said corner being in the Southwesterly right-of-way line of Concord Road; THENCE SOUTH 32 002'43" WEST, for the boundary between the said 2.000 acre Spindletop Hospitality, Inc. tract and the said 10.604 acre Academy, Ltd. tract, for a distance of 56.57 feet to the POINT OF BEGINNING of the easement herein described; THENCE SOUTH 32 002'43" WEST, continuing for the boundary between the said 2.000 acre Spindletop Hospitality, Inc. tract and the said 10.604 acre Academy, Ltd. tract, for a distance of 10.00 feet to a point for corner; THENCE NORTH 575717" WEST, for a distance of 26.36 feet to a point for corner; THENCE NORTH 32°02'43" EAST, for a distance of 10.00 feet to a point for corner; THENCE SOUTH 57 057'17" EAST, for a distance of 26.36 feet to the POINT OF BEGINNING and containing 0.0061 ACRES, more or less. Surveyed on November 10, 2008. This legal description is being submitted along with a plat based on this surve (see EXHIBIT B Thomas S. owe, RPLS No. 572 ' „.. ........ ..... W.?009,0S-S?9,08-5?9mKb.duc `�• — 'J fi v"Cam. ..E $ A Pa e 3 of 3 MARK{{: Ll'HITELEYAND,4SSOCI,4TE$INC. SO4LT 1"=50' CALLED 2.69 ACRES l lJ O R BERTINO INVESTMENTS, INC. Q�j� I CALLED 2.070 ACRES F.0 NO. 104-80-0514 CRAIG THIRY EASEMENT 1 OPRJC FND 5/8" CF. NO. 2006044849 L ROD OPRJC MOST NORTHERLY CORNER OF LOT 1 & FND 1/2" FND I 1 L13 MOST EASTERLY CORNER OF COT 2 Lll 1. Roo W/ CAP f,L� _ _� L ROD BENT) Rip t---- --L7----- --e-----------LS----------a-�-�a- -- a FND 0.1512 ACRES L4 z gftg « I EASEMENT 1 WATERLINE EASEMENT I Uy LINE BEARING DISTANCE �g,Y I Ll S55'48'1 6"E 10.01' s�R 5g QAa L2 S3 1'25'43"W 68.28' *4 *1-#f. I L3 S5T57'17"E 5.97• EASEMENT 11 V ,r r10• a �, I L4 S32'02643"W 18.89' LINE BEARING DISTANCE (jjo ti°�o� k- .,rgAC "o= ' LS N5T57'17"W 5.76' L1 S32'02'43'1N 56.57' ,� o cJE'((�g AB5 �y� U" � L6 S31'25 43"W 208.13' L2 S32'02'43"W 10.00' W to ( L7 S3 1'58'43W 165.54' L3 N5T57'17"W 26.36' v° 18 S58'03'07"E 176.31' L4 N32'02.43"E 10.00' J N O I L9 S32'02'43"W 10.00' L5 S57'57'1 7"E 26.36' o a ICO L10 N58'03'07"W 186.29' CALLED 2.000 ACRES / N a L11 W31-56 37-E 14.15' SPlNOLETOP HOSPITALITY INC. L73 N31'25'43"E A5.74' CF. NO. 2008021540 OPRJC w Li NOTE: Qo o 1. NOTHING IN THIS SURVEY IS INTENDED TO EXPRESS AN OPINION REGARDING OWNERSHIP OR y TITLE. �� o 2. THE WORD CERTIFY IS UNDERSTOOD TO BE AN EXPRESSION OF PROFESSIONAL JUDGMENT BY THE SURVEYOR, WHICH IS BASED ON HIS BEST KNOWLEDGE, INFORMATION AND BELIEF, FORMED IN THE COURSE OF HIS PERFORMING THE SURVEY IN COMPLIANCE WITH THE FND 0.0061 ACRES / STANDARDS OF PRACTICE REQUIRED AND PROMULGATED BY THE TEXAS BOARD OF Poc PROFESSIONAL LAND SURVEYORS AND THE TEXAS SOCIETY OF PROFESSIONAL SURVEYORS. AS WATERLINE EASEMENT 1I L4 SUCH, IT CONSTITUTES NEITHER A GUARANTEE NOR A WARRANTY, EXPRESSED OR IMPLIED. "7- FND M5/8" o 25 FND N32 02'43 E 14.15' REFERENCE BEARING PER CF. NO. 2008021540, OPRJC C� Z ll[(�� L ROD C� "' s+ FND 1 (CALL S32'0243"W 453.96) a( la Q) 1. ROO W/CAP FND S32'0243"W 453.96' L9 FND S2'02'451P 49.15" jFND 112" FND N32'02'43 E 390.68' 12 Ll (CALL SJ2'03051P 49.157 1. ROD KJ FORMERLY , A b FORMERLY I CALLED 4.215 ACRES C► TRACT TWO CALLED 6.564 ACRES I ORANGE SAVINGS BANK, SSB 10.604 ACRE TRACT CT S $PEA �t O• �0 EASTER FOUR, LTD. C.F. NO. 2004009740 (A,7 A�"� 1� EASEMENT 0 �Q CF. NO.OPRJC 0889 I OPRJC C.F. NOOPROC 023 �tl O lA����4 t� EXHIBIT B b Il t' 1` ss ss TO THE OWNERS OF THE PREMISES SURVEYED REFER TO EXHIBIT ';4" AS OF THE DATE OF THE SURVEY: FOR LEGAL DESCRIPTION I, THOMAS S. ROWE DO HEREBY CERTIFY THAT THIS SURVEY WAS THIS DAY CLIENT` SP.INDLETOP HOSPITALITY, INC. MADE ON THE SURFACE OF THE GROUND OF THE PROPERTY LLY DESCRIBED EASEMENT I HEREON AND CORRECTLY REPRESENTS THE FACTS FOUN OR BY: SAW SCALE: ET NO• 0.1512 ACRE WATER EASEMENT OF THE SURVEY. OF VER: ACAO 2008 1"=50' 1 of 1 �( F JOB NO. PILE: W;\2008\08-829 REV. A. DUNE SURVEY, ABSTRACT NO. 459 DATE SURVEYED: NOVEMBER 10, 2008 Q; 0\S T E q�;t1'p 08-829 08-829EASEMENT.0WC BEAUMONT, JEFFERSON COUNTY, TEXAS �;•Q ' o;tP +MARK . WHITELEY ............................ D ASSOCIATES EASEMENT II OWE INCORPORATED 5728 P:Q' TING ENGINEERS, 0.0061 ACRE WATERLINE EASEMENT 00' O ORS, AND PLANNERS 0 THOMAS SPEAR LEAGUE, ABSTRACT NO. 50 •'•..�••••�� BEAUMONT, JEFFERSON COUNTY, TEXAS THOMAS S. ROWE - REGISTERED PROFESSIONAL LAN No. 5728 euuwoiTr,°'TezA07s°ri a-swe seww0 CASTE US inos 409-992-9491 (FAX) 409-M-1349 H RICH WITH OPPPORTUNITY 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: December 9, 2008 REQUESTED ACTION: Council consider authorizing the acceptance of a sanitary sewer easement off Chinn Lane. RECOMMENDATION The Administration recommends acceptance of a twenty foot(20')wide sanitary sewer easement to provide access for sanitary sewer services to property located along the abandoned portion of Chinn Lane between Major Drive and Walker Road. BACKGROUND Mark Douglas Walker, Pam Walker, Roger Scott Walker, David Clifton Walker, Elizabeth Walker and Rosedale Ventures, L.P., through its president, Ellen Walker Rienstra, have agreed to convey a twenty foot (20')wide Sanitary Sewer Easement to the City of Beaumont. The easement [out of Tract 61-F, City Plat RS-5, of the D. Easley Survey, Abstract 20] will provide sewer services to the property located along the abandoned portion of Chinn Lane between Major Drive and Walker Road, and would also allow for the construction, alteration, operation and maintenance of the said sanitary sewer line and appurtenances. BUDGETARY IMPACT None. \cnFhi�Wa&cr-ib 3 December 2008 RESOLUTION NO. WHEREAS, Mark Douglas Walker, Pam Walker, Roger Scott Walker, David Clifton Walker, Elizabeth Walker and Rosedale Ventures, L.P., have agreed to convey a twenty foot (20') wide sanitary sewer easement located out of Tract 61-F, City Plat RS-5, of the D. Easley Survey, Abstract 20, City of Beaumont, Jefferson County, Texas, as described in Exhibit "A" and shown on Exhibit "B" attached hereto and made a part hereof for all purposes, for the purpose of providing access for sanitary sewer services to property located along the bandoned portion of Chinn Lane between Major Drive and Walker Road and allowing for the construction, alteration, operation and maintenance of said sanitary sewer line and appurtenances; 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 Mark Douglas Walker, Pam Walker, Roger Scott Walker, David Clifton Walker, Elizabeth Walker and Rosedale Ventures, L.P., be and the same is hereby, in all things, accepted. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 91h day of December, 2008. - Mayor Becky Ames - I T' 'L"" No. 3930 P. 2 '/ Surveyors Texas Registered Professional Land Surveyors October 30,2008 Field Note Description: 20'wide sanitary sewer easement being 0.3698 Acres BEING a 0.3698 acre tract or parcel of land located in the D.Easley Lea Abstract No.20,Jefferson County,Texas,being out of and a part of that called 17.57 acre tract conveyed as Tract Two (2)to John H. Walker,et al of record in Volume 2408 Page 70 of the Deed Records Jefferson County Texas(DRJCT), said 0.3698 acres being COMMENCING at a'/"Iron Rod found for the Northwest comer of the tract herein described and the Southwest corner of a tract conveyed to Praise Christian Center,Inc. Clerks File No. 95-9504843 OPRJCT,the same being in the East ROW line of Major Drive (120'ROW); THENCE S 30°05'51"E (Basis of Bearings) aloe the Drive and the West line of the said 17.57 ace tract for a distancee f 20.50 feetd Major Point for Northwest corner and POINT OF BEGINNING of the herein described tract; THENCE N 01 021'20"E over and across the said 17.57 acre tract and along the West line of the herein described tract for a distance of 34.62 feet to point for an angle point; THENCE N 58°28'00"E along the North line of the herein described p ' distance of 768.37 feet to a point in the West R.O.W. line of Walker Road(60'R.O.W. for the Northeast corner of the herein described tract being located S 00°2550"E 225.45 feet from a 2"Pipe found for the Northeast comer of the said 17.57 acre tract; THENCE S 00°25'50"E along the said West R.O.W. line of Walker Road line of the said 17.57 acre tract for a distance of 23.36 feet to p Southeast East corner of the herein described tract; Point for the theast WHENCE S 58°28'00"W over and across the said 17.57 acre tract and the South the herein described tract for a distance of 745,42 feet to a point for an angle pint; of THENCE S 01121120" jar along the East line of the herein described tract for a distance of 59.43 feet to a point in the said East R.O.W.line of Major Drive for the Southwest corner of the herein described tract; 505 South Fourth Street • eaaumant, Texas 77701 • (409)638-0322 • Fax 838-612 EXHIBIT ,q„ be c, L. zvvo 4: ILrivi No. J9JU F. 3 THENCE N 30°05'51" W along the West line of the herein described tract:and the East ROW line of Major Drive for a distance of 38.33 feet to the Point and Place of Beginning containing 0.3698 acres of land more or less. This Field Note Description is being submitted along with this Survey. a plat of even date based on r �. N� 0 0 0 ",•��,�StF,pFd.�s* ,i0E a. • •,e 5636 .r• t• 9N0 S URV Found Found Now or Formerly I" Pipe 2"pipe Praise Christian Center, Inc. 10.00 Acres CF 93-9504843 OPRJCT \ \ \ \ \ \ L3 q \ Point \ for Comer L2 Found \ 2 Pipe 0 \\0 L5 \ CHINN LANE 5 \ / (60' R.O.W.) P.O.B. 17.584 acres P.O.C. �// 2a°o 20'San. Sew. Esmt ` n / Found 112'Rod �L4 Subject Tract Oo a NUMBER DIRECTION� abk 0157ANCE o' I Z584Acner U1,; R ��L] L 1 N 89-3227" W 77.39' L7 Called 17.57 Acres 0� o L2 N 89'33'15' E 148.38' Tract Two (2) of record in AO L3 S 00'2538 E 394.69 a'a Vol. 2406 Pg. 70 DRJCT = �� MZy 1.67 acres for Chinn Lane mr*, /�vt L4 N 01'2120" E 37.62' e Val. 2321 Pg. 494.DRJCT _ !� LS S 0(1'25'50" E 23.36' g to be abandoned by �� L6 5 01'21'20 W 39.43' g City o/Beaumont Nao L7 N 30'05'51" W 38.33' W O�W Zy .� Easement Table O --O,AO. q b Drvinope E.eeement a•mended N Vd.7031 .717 OR" NO, N. P.L1 E lo'(heNege Ee•• I ee meded N h CF 3044477 opgjcr ,.1P 0= Farad We 11—t .J Surveyors Note(s): (1) Field Note Description for Subject Tract and 20' wide Sanitary Sewer Easement accompany this plat. (2) item 10n Schedule B of Title Commitment refers to Tract One and Found Li Set Capped Tract Two which are defined in CF1 Con, Mon. 1/2'Rod 2008009868 OPRJCT as the boundaries of (loaning) LANE Jefferson County Drainage District No. 6. SCALE: 1"- 200' YY lLLIS L111 (60' R.O.W.) CLIENT: Maxson Memorial Church. Inc. G.F. N0. 080520822 TO: Maxson Memorial Church, Inc. & Commonwealth Land Title Insurance Company: 1, Joe A. Mattox, Texas Registered Professional Land Surveyor No. 5535, do hereby certify that I have made a survey on the ground of the property legally described hereon, that the survey is correct, and that there are no discrepancies or conflicts, shortages in boundaries, intrusions, protrusions, or overlapping of improvements, or visible utility lines or roads in place, except as shown hoWn, and that said property has access to and from a dedicated public roadway, unless otherwise shown hereon. Survey dated 10-15-9008 e The Subject tract being located along Walker Road. Major Drive. and Willis Lone Beaumont , Texas,77713 and being described as a 17,584 acre tract of land out of the n Fed eV Igague A-20 recorded In Volume==_Pogs -- of the Mop Records of Jefferson County, Texas. N Subject tract is located in Flood Zone: A' Community Panel 4 0045 C (FIRM Doted: August st 2002 6, 2002) SOFT Surveyors 40 t TsrarJZsBivaedAofssafanalland Sarveyors �eP * .8.:.- 505 South Fourth Stro•t-li oumont,Terre 77701 JOE A.MATT::% Telephone(409)839-8322 Fox 8311-8122 y,,,.�.,��b "•""'% Rpds5I6J0Ao1.corn r: •0 FE88�dt.' Joe A 0andSluIrly oedrk. eh 10211wtl.d s (11- 10-50-09) `4NOSUR�EA� Registered Professional yo No. 5535 (s•w) EXHIBIT "B" RICH WITH OPPORTUNITY IIEA,111�IUIIII 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: December 9, 2008 REQUESTED ACTION: Council consider authorizing the acceptance of water line easements from Baptist Hospitals of Southeast Texas. RECOMMENDATION The Administration recommends acceptance of water line easements to provide access for fire protection services at the Beaumont campus of Baptist Hospitals of Southeast Texas. BACKGROUND Baptist Hospitals of Southeast Texas has agreed to convey two (2) water line easements to the City of Beaumont. The Water Line Easements [No. 1 being 100 square feet for a meter and No. 2 being a 0.2461 acre tract], located out of the David Brown Survey, will provide mandatory access to the water lines and fire hydrants for the hospital property off College Street and would also allow for the construction, alteration, operation and maintenance of the said water lines and appurtenances. BUDGETARY IMPACT None. \engbaptist_hospital-ib 3 December 2008 RESOLUTION NO. WHEREAS, Baptist Hospitals of Southeast Texas has agreed to convey two (2) water line easements located out of the David Brown Survey, Abstract No. 5, City of Beaumont, Jefferson County, Texas, as described in Exhibits "A" and "C" and shown on Exhibits "B" and "D" attached hereto and made a part hereof for all purposes, for the purpose of providing mandatory access to the water lines and fire hydrants for the hospital property off College Street and allowing for the construction, alteration, operation and maintenance of said water lines and appurtenances; 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 Baptist Hospitals of Southeast Texas be and the same are hereby, in all things, accepted. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 9th day of December, 2008. - Mayor Becky Ames - Legal Description: 100.00 Sq.Ft,Easement David Brown Survey,Abstract No.5 Jefferson County,Texas BEING a 100.00 Sq.Ft.easement situated in the-David Brown Survey,Abstract No.5,Jefferson County, Texas and being out of and part of that certain called 15.200 acre tract of land as conveyed by Beaumont Medical- Surgical Limited to Beaumont Hospital, Inc. as recorded in Film Code No. 103-08-0200, Official Public Records of Real Property, Jefferson County, Texas, and being out of and part of that certain called.14.1975 acre tract,identified as Tract Three,°as described in a"Deed of Trust"from Baptist Hospitals of Southeast Texas to William J.Barber,Trustee as recorded in Clerk's File No.2001029306, Official Public Records of Real Property,Jefferson County,Texas.said 100.00 Sq.Ft.easement being more particularly described as follows: NOTE.- All bearings are based on the South right-of-way line of Medlcal Caller Drive as recorded on the final plat of Beaumont Medical Plaza, a subdivision of the Cloy of Beaumoig Je-Q•erson County, Texas as recorded in Volume 13, Page 19, Map Records, Jefferson County, Texas as SOUTH 8958'1"WEST. COMMENCIL`:G at a 1/2" iron rod found for the Southwest comer of the said 14.1975 acre Baptist Hospitals of Southeast Texas tract,and also being the Southeast comer of the Beaumont Medical Plaza Subdivision,a subdivision of the City of Beaumont,Jefferson County,Texas as recorded in Volume 13, Page 19,Map.Records,Jefferson County,Texas,and also being the intersection of the East right-of-way line of Hospital Drive(based on a width of 60 feet)and the North right-of-way line of Colleges Street (based on a width of 130 feet); TIIENCE NORTH 00W34"EAST,along and with the East right-of-way line of Hospital Drive and the East line of the said Beaumont Medical Plaza Subdivision,for a distance of431.79 feet to the POINT OF BEGINNING of the tract herein described; TI;I:ENG'E NORTH 00°04'34" EAST,continuing along and with the East right-of-way line of Hospital Drive and the East line of the said Beaumont.Medical Plaza Subdivision,for a distance of 10.00 feet to a point for comer; THENCE SOUTH 89°55'26".EAST,for a distance of 10.00 feet to a point for comer; THENCE SOUTH 00°04'34"WEST,for a distance of 10.00 feet to a point for comer; THENCE NORTH 89°55'26" WEST,for a distance of 10.00 feet to the POINT OT BEGINNING and containing 100.00 Sq.Ft.,more or.less. Surveyed on September 5,2008. This legal description is being submitted along with a plat based on this surve see EXHIBIT"B"). Thomas S.Rowe,RPLS No.5728 ....2 AS..-ROWE, iv..42W4.srtw,tedlfelmtbA= ° 5728 r' AURKW WHIM&Y AND ASSOCIA MY,INC E,De •----------------------------------------------------------------------- --- DOCS4653156-v2-Baptist-Exclusive Water Line' +-em nt EXH191T "A" a� x o w, uNe I WMING I atsTANCe Ls ="'3,41' 10.00,1 {ry t j s�o�s4 E 100..00 suer 1=100' W L4 WMER 6 10.00 -�s - ' t� lz � Y o .a 1 C01�pt 4 h Y . . M4. RsT No _ 151 r r i ., . M -__ _ _ -- _- __-- -- -- •W*� as et se�stTr Eal� ���� HOSPtIA�I7 FtfO NOtlos j< ,7ZT.1G' sa rte(�,a�ru�v a -cur o saysztit dart 1 �. raLt rtunar3s r1Trrs'�— i¢g 97jr'if'r TAKti � �� FN0 5 F1f0 SOp OJ 18 W J6Cn5t: ————LT82 OTJ YJ�=1f_J511{ -— chi f x LOT 2 BEAt=NT lkOCA SIMOAM PLAZA ( [n LOT ! CNIFD 2.421 ACRES LOT 7 [�j WA. 2,PC. 231 fNf$T-PP(f)g 1 e-.. C0f1OtXm4vm RECORDS"FERSON COUNTIf cr. rf0. 200.1D4 111,201 Q NOT£ A6 right-of-■qy P LSt tegaW ert the Soafh Ak Centsr DrM os cv roowded on ft SAW Prot of a"Umd»I Medlaa x ] t) Pbm, o m bd w*iw of Ms CRY of amwnomt I 1 Jeff&sm Coosfx Texas ea rocbPoed b YoWm■ 14 CO Revs T9. kkp Records.Jefferson CwmSy Taxes as SOUTH amst"USE TO THE OWNERS OF RE RREAOSES sta?m ED 10100 SQ. FT. EASEMENT EXHIBIT "B" AS OF THE DATE OF THE StWLf. DAVID BROWN SURVEY R LE L DESC)T ?C l���HEREBY CERTIFY THAT H*s Sua fy ms TTAS fWY ABSTRACT N0. b RR LEOAL DESCAYPWON Or TW CJfOUND OF THE PRQPERTr LEGALLY DEVCRIBEO N a0v AND CMVXRY ROWE3ETVT5 W FACTS FOUND AT THE TM JBBBER30N COUNTY, TEXAS OF THE SURVEY oudm DATE SEPTEMBER 520 AAP=UOSMAtS Or Rounm SP TEW OF '�,,•• rea eem:sae '=1 of ? ,�P.•a1fi'r' A.4 es nr. TTf1NO IN 1Nf5 SURIASI'15 WfEIWDID 7D EXPRESS AN OPINION 'Q.Q' �d� 08-885 -t3fT3.DWG RWAROM ONPRRSFAP OR TITLE. IEKti�lT. T1Ntf1;GEY 2. IW WOW CEIRHFY IS DA'dDER3I W 10 8E AN EMMM51Dr1 OF PROFd'.�VUL.IEeoGW-Ur THE St/KYOR, 1WA'OH Is M-ED ON NTS Mr •••�•••••«•••••^:••.••.•• AND ASSOCIAfRS IRNOWI.F.DO& aWFORwWN AND BELIEF. FTTRIVIED w THE tbIAQSE or FNS •• :q I`�g P!Q' DECOflPDRAT6'D PUMI C Df SlM W C t REOUM APO PROMULGATED BYNETINSS BOOM O MAMMAL� 9yO°fiE @s,fl.�� od�utnMa esasaen4 b c(r f 7G9lVtY0A. uQ ilAI9RR SVOL Ir4S AND THE TEXAS SOCIETY 0f'PTU WR AAt SIA4VIlf. O. AS Su�1r s > SfK24 R CONSTIn1TES fIETiNfR A GtIARM1TEE NOR A 1lG1RTiMINTY pfpRESSEp r..rsh4,eli sxa sea girls OR f1fPLiEO. 7HOb1AS S. RCTRE - REgSTERED PROFIraSIOKAL LANDS No.5T28 �He-e■1.n...-es �* vv Legal Description: 0.2461 Acre Water Line Easement David Brown Survey,Abstract No.5 Jefferson County,Texas BEING a 0.2461 acre water lane easement situated in the David Brown Survey,Abstract No. 5, Jefferson County,Texas and being out of and part of that certain that certain called 0.1087 acre tract of land as described in a "Special Warranty Deed"from the City of Beaumont to Baptist Hospitals of Southeast Texas as recorded in Clerk's File No. 2004036918, Official Public Records of Real Property, Jefferson County, Texas, and being out of and part of that certain called 4.0742 acre tract of land as described in a "Special Warranty Deed" from the City of Beaumont to Baptist Hospitals of Southeast Texas as recorded in Clerk's File No.2001024207, Official Public Records of Real Property,Jefferson County, Texas and out of and part of that certain tailed 14.1975 acre tract, identified as Tract Three, as described in a "Deed of Trust" from Baptist:klospitals of Southeast Texas to William J. Barber,Trustee as recorded in Clerk's File No, 2001029306, Official Public Records of Real Property,Jefferson County, Texas, said 0.2461 acre tract being more particularly described as follows: NOTE; All bearings are based on the South right-of-way line of Medical Center Drive as recorded on the,flnal plat of Beaumont Medical Plaza, a subdivision of the City of Beaumont, Jefferson County, Texas as recorded In Volume 13, Page 19,Map Records,Jefferson County, Texas as SOVrH 89 IS811" RE'ST BEGINNING at a.112" iron rod found for the Southeast corner of the said 14.1975 acre Baptist Hospitals of Southeast Texas tract and the Southwest corner of the said 0.1087 acre Baptist Hospitals of Southeast Texas tract and said comer also being in the North right-of-way line of College Street(based on a width of 130 feet); THENCE NORTH 00000'40" WEST, for the boundary between the said 14.1975 acre Baptist Hospitals of Southeast Texas tract, the said 0.1087 acre Baptist Hospitals of Southeast Texas tract and the said 4.0742 acre Baptist Hospitals of Southeast Texas tract, for a distance of 1006.31 feet to a point for corner; THENCE SOUTH 89 059120" WEST,over and across the said 14.1975 acre Baptist Hospitals of Southeast Texas tract,for a distance of 55.78 feet to a point for corner; THENCE NORTH 00°00'40"WEST,for a distance of 10.00 feet to a point for corner, THENCE NORTH 89 059'20"EAST,for a distance of 65.78 feet to a point for corner; THENCE SOUTH 00 000'40"EAST, over and across the said 4.0742 acre Baptist Hospitals of Southeast Texas tract and the said 0.1087 acre Baptist Hospitals of Southeast Texas tract and 10 feet perpendicular to the common line between the said 14.1975 acre Baptist Hospitals of Southeast Texas tract and the said 4.0742 acre Baptist Hospitals of Southeast Texas tract slid the said 0.1.087 acre Baptist Hospitals of Southeast Texas tract for a distance of 1016.31 feet to a point for corner, said comer being in the North right-of-way line of College Street and in the South line of the said 0.1087 acre Baptist Hospitals of Southeast Texas tract-, �a a I oft MARK 4-wll MEYANDASSOCIATES.ING E:De UOCS4653156-v2-Baptist- Exclusive Water Linc Easement EXHIBIT "C" -- --------------------------------------------------------- THENCE SOUTH 89°59'20" WEST, along and with the North right-of-way line of College Street and the South tine of the said 0.1087 acre Baptist Hospitals of Southeast Texas tract,for a distance of 10.00 feet to the POINT On BEGINNING and containing 0.2461 ACRES,more or less. Surveyed on September 5, 2008. This legal description is being submitted along with a plat based on this survey(see EXHIBIT"13"). OF r Thomas S.Roy e,RPLS No.5723 f f Iiy qg "ROiNE . .......... we�n�ras eesws gas yau�z�b w� �+q 9c 5726 a� Pasie 2of2 AMRKW.WRITZLEYAND"0CM7=INC Dele Excl '------------------------------ ---------------- ------------------------------------------------------- DOQ.9-#653156-v2-Eantist- Exclusive Water Line Easement 8 m� d G WI LIME 1 OEAR*4 OWAMM L1 N 00'0040 YV IC06.77 l2 6 SW1 '201 W 79.74 u w o0 00 o w i .� SCALE i"=150' Ls I w a•5C • as 7a lS S OD'00'a0 E t01 .37 9 69'59'20'W 10.00 RE>,4 WR Of 57.629 ACRES rA AL'R"Jw 'ITY O nCAUNONT e VOLA 174 P0, 47 FtAp 5f8" CA:!k JCOx9 E PJF7.J7' �` F;O 5 8" $ t&ED 2.50 ACRE•TRACT 1 Nc_� For sarw'w t ad7:td' r. ; B ,ca+s'AYX"4tt ct QV TO :u 4 I i� I I I i ' mill I ; I I 1 i l i i l m.9F1PC.Jul S. b frZA C I� Hl] I � IfI �gl 3 _ ors a;4T1s TacsnrA sL U, i _ `+—�•> �.FUrv...:ASr rex�s It1H�-I I I I1J aueQ a:crt AcREs-losmms L11111 IT. 11J 11, 1OZUOr j)1ti tI!IU!IIII1I1 s, rwp m CIF g PROPOSED EASEMENT U I I t I I t F 1 1 5 xs9Fa run T F R • ou sxaFu'IT Jx9r -- ; rim I. 1. ••• ••.. L.l..l.il_`I.''..I_l•_I 1;7a sum'+01E =07• (Aa Sv0ffllr x rF,�5/8' w RGO // /2' AK:tAL ..fe.. ix !t%SF7; 1.R:SJ rsFSrcmw 2i'8#7.37' 'J'Rk07n1E51EFN Xit'JIFL 9CU'W°18s .i7a71' !I F I I 1 a"{•! G 4•I•;f.l�. �1YF�F�'P .7+ru.1 9CFEeIO l_ - L F `'4�. lu.udyCEttL11 tlf-yF�•�3,z MP�if k53wGt�y�I�S •�� (� .b�'0 s�^d^fl K AmK r M SaIL �iXATCIb. ,� -L a�mtiQa®IAe WNW a aownrd f \/ Jbq.I!.✓Ik►Mzz jw,— }%h—Al, 1 1 1 $MAN spin'.M[SS Cbunt♦c • � 0.2461 ACRE 1TATEB LINE EASEMENT TO THE[111iRS OF THE vRENISES 574 J{W DAVID BROWN SURVEY AS OF THE n47E Or 1HE SURWEY; ABSTRACT ]SO. 5 JS 21V>`nn HEACaY eEATaY TTAT T7 t$SWFVEY Forts"04Y JEFFERSON COUNTY, TEXAS Y ON 7iE SURJACE OFF YM.w CRIIlJq Or Tw AROP w Lou(IF fON AJD Cf1RRECTLY REPA1£SENTS TT7E rAM FUUM AT 7TrE ONE c SA1RbEY" DAPUST HOSPITALS OF SOUTHEAST TEAS WE SEPte-wam 5.1008 v 6 OF StAm $_Nor_we.: ,C. g T Fa �q aae• sae am�\2AbAm-ees F 0iflrt am A. + t."(R D8-685 08-685.O:VG p '- 7.mrnm w TIM SLWVEY IS rmNOEn TO�FFRfSS Aw tH�e. ItAP.B 1'7. FH)•Tz[.EY C*A%RSMP OR ru. ot'w=WcAm x THOMAS G.Rb�AN� AND AS30CIATE"a w L TK WW CERTFY TS UNOERSTOOO TO BE AN EAT'RESSW OF PRQFE55 Mq �• ••y 5728 r � !h'CORPORATED JUDrJ1E7a7 9Y THE SLWt�7TkZ 7gALw$BASEO ON TBS BEST Kt,vAt 7GE F,'ffnPA m.j AND BELIEI;f'C9.VC0 d4 TTiE COURSE or JF5 PERJT7ANF. T11E itlRtfY M CCbFt1AKCE 'CFESS�d+*'��0 0JY9UCaN0 aNCFK6F0Fd, ._ iq'N THE S7AN2iRQS OF AWME REQUIrw.0 AJA?FRMX;AMD BY THE MW BOARD ��''• •P Y, S'iJIMIM, A%d KAMM or PROFF551pYAl TANG 5URVJYYORS AP10 TTFE RYAS SOCFETY Or sFnwV. S U F A+ SUR9£YOAS AS SUCIE R t:0A577TiiTE$NfiMEP.A SUARA-WM NOR A WAvmrr EXPRESSED CR YTPLIED: TFIOlAAS 5.FTCNf_ - STEWED PROFESSWrJAF, OR N0 5728 P. a 77L 34K M ram MIYCY,,. R TllfJ p•IJII 1w-AR-tiN y^I J RICH WITH OPPORTUNITY 1 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; December 9, 2008 REQUESTED ACTION: Council consider a resolution to allow Capital One Bank to pledge the following security as additional collateral held at the Federal Reserve Bank for City accounts, effective November 14, 2008. RECOMMENDATION The Administration requests approval to allow Capital One Bank to pledge the following security as additional collateral for City accounts. The newly pledged security, effective November 14, 2008, is as follows: Cusip No. Description Face Value Market Value PLEDGE: 31406NMJO FNMA, 4.47%, Due 04/01/35 $800,000.00 $517,311.18 BACKGROUND According to the Bank Depository Agreement between the City of Beaumont and Capital One Bank, the bank agrees to pledge securities with a current market value of at least $5,000,000.00 to collateralize the City's current deposits. As ifNovember 1,2008,the market value of these securities fell below the threshold and the bank wishes to add the security above to comply with the agreement and adequately collateralize the City's deposits. After pledging the above security, the market value of pledged collateral totals$5,437,035.31 and along with FDIC coverage is sufficient to collateralize current deposits as well as any deposits anticipated in the near future. BUDGETARY IMPACT None. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Council hereby approves the pledge of the following security by Capital One Bank as additional collateral for City accounts which will be held at the Federal Reserve Bank effective November 14, 2008: Cusip No. Description Face Value Market Value PLEDGE: 31406NMJO FNMA, 4.47%, Due 04/01/35 $800,000.00 $517,311.18 PASSED BY THE CITY COUNCIL of the City of Beaumont this the 9th day of December, 2008. - Mayor Becky Ames - K RICH WITH OPPORTUNITY BEAUMON* T • E `. X • A • S City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager MEETING DATE: December 9, 2008 REQUESTED ACTION: Approve the waiver of penalties and interest on twenty three tax accounts processed by the Jefferson County Tax Assessor- Collector's Office. BACKGROUND Section 33.011 of the State Property Tax Code states"the governing body of a taxing unit may provide for the waiver of penalties and interest on a delinquent tax if an act or omission of an officer, employee, or agent of the taxing unit caused the taxpayer's failure to pay the tax before the delinquency and if the tax is paid within 21 days after the taxpayer knows or should know of the delinquency." The Jefferson County Commissioners' Court approved the waiver of penalties and interest on the accounts on November 10, 2008. A letter from the Tax Assessor-Collector is attached for your review as well as information relating to the twenty three tax accounts. BUDGETARY IMPACT None. sON 00 TEXAS MIRIAM K. JOHNSON TAX ASSESSOR-COLLECTOR SUSIE JAMES JEFFERSON COUNTY COURTHOUSE SYLVIA E. MYERS CHIEF DEPUTY P.O.BOX 2112 BEAUMONT,TEXAS 77704-2112 CHIEF OPERATIONS MGR. 409-835-8516 FAX 409-835-8589 November 20, 2008 Kyle Hayes City of Beaumont P O Box 3827 Beaumont, TX 77704 Dear Mr. Hayes: The Tax Office has accepted twenty three (23) payments that were processed according to Sec. 33.011 of the State Property Tax Code. For your information, See. 33.011 reads as follows: "The governing body of a taxing unit may provide for the waiver of penalties and interest on a delinquent tax if an act or omission of an officer, employee, or agent of the taxing unit caused the taxpayer's failure to pay the tax before the delinquency and if the tax is paid within 21 days after the taxpayer knows or should know of the delinquency." The Commissioners' Court met on November 10, 2008 and approved waiver of penalty and interest on these accounts which are listed on Attachment A. I am now requesting that you present this information to your governing body in order to ratify the Commissioners' Court action in accepting these payments. If you should have any problems or questions concerning this matter, please let me know right away. Please notify me in writing as soon as ratification has occurred. I look forward to hearing from you. Sincerely, MIRIAM K. JOHN N Assessor-Collector of Taxes Jefferson County, Texas MKJ:db Attachment Waive p&i letter RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the penalty and interest on the tax accounts listed on Exhibit "A," attached hereto and made a part hereof for all purposes, be and they are hereby waived pursuant to Section 33.011 of the Texas Property Code as each taxpayer's failure to pay was caused by a billing error or similar mistake. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 9' day of December, 2008. - Mayor Becky Ames - ATTACHMENT A WAIVER OF P & I-CITY OF BEAUMONT Taxpayer's Name Total Levy Waiver of P & I Account Number Paid Requested 1. Richard Clark 229.33 43.57 003200-023900 2. Richard Clark 97.07 18.44 003200-024100 3. Peaceful Rest Baptist Church 434.63 569.89 006450-007200 4. Linzy James 1,194.11 262.70 027350-002900 5. Yvonne Como 43.13 12.52 I� 032300-002800 6. Yvonne Como 23.69 6.87 032300-003000 7. Yvonne Como 25.27 7.34 032300-003100 8. James Leggett 147.35 22.10 034100-004800 9. Edward Marino 550.46 99.08 035650-000600 10. Sam Boaze 19.82 7.36 039400-007350 11. MM Investments 47.78 21.59 052800-044001 12. Windsor Head 723.33 460.28 059000-000100 13. P.A. Electric 551.19 99.21 062307-000800 14. P.A. Electric 551.19 99.21 062307-000900 15. Two-B- Equities 135.54 18.98 062500-004900 16. Randy Drewett 1,425.52 156.81 071076-200/000300-00000 17. James Ninh 80.57 19.35 231218-005950 18. Rentables LTD 55.09 9.92 257416-000750 19. Jimmie Davis 163.03 51.71 600800-013334 20. Magon Hardin 167.18 40.02 600800-013534 21. Gulf Food Market 203.10 46.71 700000-258385 22. Stanley Bryant 123.43 23.45 009350-009000 23. Billy Davis 28.47 5.12 067550-009400 TOTAL 7,020.28 2,102.23 L 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 Atto MEETING DATE: December 9, 2008 REQUESTED ACTION: Consider a resolution authorizing the settlement of the lawsuit styled Curtis Guillory v. City of Beaumont, Texas RECOMMENDATION Administration recommends approval of a resolution authorizing the settlement of a lawsuit styled Curtis Cuillory v. City of Beaumont, Texas in the amount of$5,000. BACKGROUND This matter was most recently presented and discussed in Executive Sessions held on November 18 and November 25, 2008. The City Attorney is requesting authority to settle this suit. BUDGETARYIMPACT There are sufficient funds in the General Fund to pay a settlement amount of$5,000. RESOLUTION NO. WHEREAS, the lawsuit styled Curtis Guillory v. City of Beaumont, Texas was discussed in Executive Sessions properly called and held Tuesday, November 11 and November 25, 2008; and, WHEREAS, the Council desires to authorize the settlement of the lawsuit styled Curtis Guillory v. City of Beaumont, Texas; 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 lawsuit styled Curtis Guillory v. City of Beaumont, Texas for the sum of Five Thousand ($5,000) Dollars. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 9`h day of December, 2008. - Mayor Becky Ames - RICH WITH OPPORTUNITY 1 T • E • R • A • S REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS DECEMBER 9,2008 1:30 P.M. AGENDA CALL TO ORDER * Invocation Pledge Roll Call * Presentations and Recognition * Public Comment: Persons may speak on scheduled agenda items 1-4/Consent Agenda * Consent Agenda GENERAL BUSINESS 1. Consider authorizing the City Manager to execute a contract for the Sanitary Sewer Rehabilitation of Small Diameter Mains Contract-XIV 2. Consider approving a bid for renovations to City Hall 3. Consider approving a one-year renewal contract with Carolyn C. Chaney& Associates, Inc. to act as the City of Beaumont's Washington Assistant 4. Consider authorizing a contract for asphaltic concrete pavement placement WORKSESSION * Review and discuss FEMA's Flood Mitigation Assistance Program * Review and discuss possible Downtown design standards and the expansion of the Central Business District 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: Tina Lewallen vs. the City of Beaumont Linda Thomas vs. the City of Beaumont and John Savoy 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 December 9,2008 Consider authorizing the City Manager to execute a contract for the Sanitary Sewer Rehabilitation of Small Diameter Mains Contract-XIV RICH WITH OPPORTUNITY IEm ► � T • E • X • A • S City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Dr. Ham J. Tohme, Water Utilities Director MEETING DATE: December 9, 2008 REQUESTED ACTION: Council approval of a resolution authorizing the City Manager to execute a contract for the Sanitary Sewer Rehabilitation of Small Diameter Mains Contract-XIV. RECOMMENDATION Administration recommends approval of a contract with Allco, Ltd., Beaumont, Texas, in the amount of$1,387,632.82 to rehabilitate approximately 8,618 linear feet of 6-inch, 15,553 linear feet of 8-inch, and 1,070 linear feet of 10-inch sanitary sewer lines, to furnish and install approximately 4 manholes in the dirt, to remove and replace approximately 47 manholes in the dirt and 22 manholes in the pavement, abandon approximately 3 manholes, furnish and install approximately 13 end of line clean outs and to replace approximately 523 short side and 7 long side service line connections and clean and televise 50,482 linear feet of existing and newly burst sanitary sewer lines in four separate areas. The first area includes sections of Cadillac, Flamingo, Fortune Lanes, and Rena and Sarah Streets, the second area includes sections of Brandon, Campus, Highland, and Kenneth Avenues, Palm Street, and Zavalla Drive, the third area includes sections of Abilene, Buffalo, Detroit, Galveston, Ironton and Steelton Streets, the final area includes sections of Bellaire, Derby, Fleetwood, Glasgow, and Pickwick Lanes, Fang and Howell Courts, Howell Street, Belvedere Drive, Bicentennial Place and Chevy Chase. The MBE participation will be with All American Construction Supply, Inc. and is listed by Allco, Ltd. as their material supplier. The amount of the subcontract is for$135,000 which represents 9.73 percent of the total bid. BACKGROUND The existing sewer lines built in the 1940's and 1950's have deteriorated and require major rehabilitation. The primary goals of the project are to restore the integrity of the sanitary sewer lines, restore the carrying capacity, provide customers with uninterrupted and adequate service and meet the Sanitary Sewer Overflow Initiative agreement requirements with the state. This Contract is recommended for approval by the City Manager and the Water Utilities Director. Proposed Sanitary Sewer Rehabilitation of Small Diameter Mains Contract-XIV Project December 9, 2008 Page 2 of 2 BUDGETARY IMPACT Funds for the project are available in the Capital Program. Summary of Bid Tab Bids for the project were submitted on Thursday November 13, 2008 to the City Clerk's office. The apparent low bidder was Cofer Pipe Construction, LLC for$1,136,385.50. The following items were submitted by Cofer Pipe: 1. Bid 2. Bid Schedule 3. Bid Summary 4. Bid Bond The bid documents stipulate several different items (Bid, Bid Schedule, Bid Summary, Bid Bond, Corporate Resolution, Information Required of Bidder, Minority Business Utilization Commitment, and MBE Participation(Schedule"C")) to be completed and included in the submittal packet. These items are listed on page two of the Contract. At the bottom of page two in bold print is the following note: OMISSION OF ANY OF THE ABOVE FORMS MAY RESULT IN THE CITY REJECTING THE BID. Additionally, the importance of submitting the above listed items was stressed during the mandatory pre-bid conducted by City Staff on Tuesday October 28, 2008 and attended by a representative of Cofer Pipe. In the Instructions to Bidders, Item two, Competency of Bidders, and Item nine, Submission of Bids reference the required materials. Item 17, Award of Contract, states: Award of Contract, if awarded, will be based primarily on the lowest overall cost to the Owner, and will be made to a responsive, responsible Bidder whose Bid complies with all the requirements prescribed. With Item 17 in mind, City staff requested from Cofer Pipe the Information Required of Bidder by phone on Monday November 17, 2008. The City did receive a one page fax of three key personnel on the same day. Two days later, the City received by fax an Information Required of Bidder packet that did not include all of the required items. Based on the missing information and Cofer Pipe's pipe bursting business experience, City staff recommends award to the second lowest bidder, Allco, LTD of Beaumont, Texas. The work is being conducted to allow the City to be in compliance with the Texas Commission of Environmental Quality in the Sanitary Sewer Overflow Initiative. Without the work being completed in the allotted time frame, the City will not reach the requirements of the initiative. CITY OF BEAUMONT SCHEDULE OF MBE PARTICIPATION ALIM NAME CERTIFIL,D MBE ADDRESS TYRE OF (YORK ACR.E'ED PRICE CONTRACTOR All NuericanConstructior 7750 River Road , Supply Inca Beaumont, Texas 77713 material supplier $135,000.00 The undersigned Will enter into a formal agreement with MBE Contractors for warn listed in this schedule conditioned upon execution of a contract with the City of Beaumortt. MOTE: .1. This sd&dule should be submitted with your bid. SIGNATUA T.W. Harrison President TITLE BID TABULATION SANITARY SEWER REHABILITATION OF SMALL DIAMETER MAINS CONTRACT XIV BID OPENING DATE:Thursday November 13,2008 @ 2:00 PM The Bid Proposals submitted have been reviewed and to the best of my knowledge this is an accurate tabulation of the bids received. By: Patrick Donart, PE,Water Utilities Engineer Date: 12/3/08 ITEM NUMBER QUANTITY DESCRIPTION *Cofer Pipe Construction,LLC Allco,LTD Horseshoe Construction,Inc ALVIN,TX BEAUMONT,TX La PORTE,TX T.W.HARRISON JAMES R.HOLT UNIT PRICE TOTAL UNIT PRICE TOTAL UNIT PRICE TOTAL ITEM NO. 1 1 MOBILIZATION $ 10,000.00 $ 10,000.00 $ 15,000.00 $ 15,000.00 $ 10,000.00 $ 10,000.00 ITEM NO.2 8,618 6"HDPE by pipe bursting $ 26.00 $ 224,068.00 $ 32.00 $ 275,776.00 $ 34.00 $ 293,012.00 ITEM NO. 3 15,553 8"HDPE by pipe bursting $ 28.00 $ 435,484.00 $ 37.00 $ 575,461.00 $ 37.00 $ 575,461.00 ITEM NO.4 1,070 10"HDPE by pipe bursting $ 35.00 $ 37,450.00 $ 40.00 $ 42,800.00 $ 50.00 $ 53,500.00 ITEM NO.5 4 Furnish and install manhole in the dirt. $ 1,500.00 $ 6,000.00 $ 2,145.00 $ 8,580.00 $ 1,800.00 $ 7,200.00 ITEM NO.6 0 Furnish and install manhole in the pavement. $ 2,000.00 $ - $ 3,245.00 $ - $ 2,300.00 $ - ITEM NO.7 47 Remove and replace manhole in the dirt. $ 1,700.00 $ 79,900.00 $ 2,645.00 $ 124,315.00 $ 2,000.00 $ 94,000.00 ITEM NO.8 22 Remove and replace manhole in the pavement. $ 1,900.00 $ 41,800.00 $ 3,745.00 $ 82,390.00 $ 2,500.00 $ 55,000.00 ITEM NO.9 3 Abandon existing manhole in place. $ 700.00 $ 2,100.00 $ 725.00 $ 2,175.00 $ 500.00 $ 1,500.00 ITEM NO. 10 13 Furnish and install end of line cleanout. $ 300.00 $ 3,900.00 $ 725.00 $ 9,425.00 $ 750.00 $ 9,750.00 ITEM NO. 11 523 Replacement of 4"short side service connection. $ 380.00 $ 198,740.00 $ 465.00 $ 243,195.00 $ 470.00 $ 245,810.00 ITEM NO. 12 7 Replacement of 4"long side service connection. $ 800.00 $ 5,600.00 $ 930.00 $ 6,510.00 $ 1,200.00 $ 8,400.00 ITEM NO. 13 25,241 Clean and televise 6, 8,and 10 inch existing sanitary sewer lines. $ 2.50 $ 63,102.50 $ 0.01 $ 252.41 $ 2.00 $ 50,482.00 ITEM NO. 14 25,241 Clean and televise 6, 8,and 10 inch newly pipe burst sanitary sewer lines. $ 1.00 $ 25,241.00 $ 0.01 $ 252.41 $ 1.00 $ 25,241.00 ITEM NO. 15 1 Trench Safety Plan $ 1,500.00 $ 1,500.00 $ 1,500.00 $ 1,500.00 $ 2,500.00 $ 2,500.00 ITEM NO. 16 1 ITrench Safety System $ 1,500.00 $ 1,500.00 1 $ 1.001 $ 1.00 1 $ 2,500.00 1 $ 2,500.00 TOTAL $1,136,385.50 $1,387,632.82 $1,434,356.00 Acknowledge Addenda 1 Yes Yes Yes Bid Bond Yes Yes Yes Corporate Resolution No Yes Yes Information Required of Bidder No Yes Yes Schedule C MBE Participation) No Yes Yes *Denotes Bidder Deamed Non-Responsive Page 1 of 2 BID TABULATION SANITARY SEWER REHABILITATION OF SMALL DIAMETER MAINS CONTRACT XIV BID OPENING DATE:Thursday November 13,2008 @ 2:00 PM The Bid Proposals submitted have been reviewed and to the best of my knowledge this is an accurate tabulation of the bids received. ITEM NUMBER PM Construction&Rehab,LP Huff&Mitchell,Inc Brystar Contracting,Inc Reytec Construction Resources,Inc PASADENA,TX CYPRESS,TX BEAUMONT,TX HOUSTON,TX BAC ONG JAMES P.HUFF BRYAN PHELPS GREGG T.REYES UNIT PRICE TOTAL UNIT PRICE TOTAL UNIT PRICE TOTAL UNIT PRICE TOTAL ITEM NO. 1 $ 20,000.00 $ 20,000.00 $ 54,000.00 $ 54,000.00 $ 25,000.00 $ 25,000.00 $ 60,000.00 $ 60,000.00 ITEM NO. 2 $ 37.00 $ 318,866.00 $ 37.00 $ 318,866.00 $ 40.00 $ 344,720.00 $ 48.00 $ 413,664.00 ITEM NO. 3 $ 41.00 $ 637,673.00 $ 39.00 $ 606,567.00 $ 44.00 $ 684,332.00 $ 53.00 $ 824,309.00 ITEM NO.4 $ 49.00 $ 52,430.00 $ 45.00 $ 48,150.00 $ 64.00 $ 68,480.00 $ 65.00 $ 69,550.00 ITEM NO. 5 $ 2,800.00 $ 11,200.00 $ 3,500.00 $ 14,000.00 $ 2,200.00 $ 8,800.00 $ 3,000.00 $ 12,000.00 ITEM NO.6 $ 3,400.00 $ - $ 4,600.00 $ - $ 3,500.00 $ - $ 4,200.00 $ - ITEM NO. 7 $ 2,800.00 $ 131,600.00 $ 3,700.00 $ 173,900.00 $ 2,500.00 $ 117,500.00 $ 3,000.00 $ 141,000.00 ITEM NO. 8 $ 3,400.00 $ 74,800.00 $ 4,700.00 $ 103,400.00 $ 3,500.00 $ 77,000.00 $ 3,500.00 $ 77,000.00 ITEM NO. 9 $ 1,000.00 $ 3,000.00 $ 1,400.00 $ 4,200.00 $ 500.00 $ 1,500.00 $ 1,100.00 $ 3,300.00 ITEM NO. 10 $ 850.00 $ 11,050.00 $ 750.00 $ 9,750.00 $ 550.00 $ 7,150.00 $ 900.00 $ 11,700.00 ITEM NO. 11 $ 460.00 $ 240,580.00 $ 600.00 $ 313,800.00 $ 680.00 $ 355,640.00 $ 800.00 $ 418,400.00 ITEM NO. 12 $ 1,100.00 $ 7,700.00 $ 1,000.00 $ 7,000.00 $ 2,000.00 $ 14,000.00 $ 1,600.00 $ 11,200.00 ITEM NO. 13 $ 2.00 $ 50,482.00 $ 4.00 $ 100,964.00 $ 4.00 $ 100,964.00 $ 2.00 $ 50,482.00 ITEM NO. 14 $ 1.00 $ 25,241.00 $ 2.00 $ 50,482.00 $ 3.00 $ 75,723.00 $ 2.00 $ 50,482.00 ITEM NO. 15 $ 2,000.00 $ 2,000.00 $ 5,000.00 $ 5,000.00 $ 1,000.00 $ 1,000.00 $ 1,000.00 $ 1,000.00 ITEM NO. 16 $ 1,000.00 $ 1,000.00 $ 6,000.00 $ 6,000.00 $ 10,000.00 1 $ 10,000.00 $ 5,000.00 $ 5,000.00 TOTAL $1,587,622.00 $1,816,079.00 $1,891,809.00 $2,149,087.00 Acknowledge Addenda 1 Yes Yes Yes Yes Bid Bond Yes Yes Yes Yes Corporate Resolution Yes Yes Yes Yes Information Required of Bidder Yes Yes Yes Yes Schedule C(MBE Participation) No No Yes Yes Page 2 of 2 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 contract with Allco, Ltd., Beaumont, Texas, for the Sanitary Sewer Rehabilitation of Small Diameter Mains Contract-XIV in the amount of$1,387,632.82 to rehabilitate approximately 8,618 linear feet of 6-inch, 15,553 linear feet of 8-inch, and 1,070 linear feet of 10-inch sanitary sewer lines; to furnish and install approximately 4 manholes in the dirt; remove and replace approximately 47 manholes in the dirt and 22 manholes in the pavement; abandon approximately 3 manholes; furnish and install approximately 13 end of line clean outs; replace approximately 523 short side and 7 long side service line connections; and clean and televise 50,482 linear feet of existing and newly burst sanitary sewer lines in four areas including 1 sections of Cadillac Flamingo, Fortune Lanes and Rena and Sarah Streets (2) sections of Brandon, Campus, Highland, and Kenneth Avenues, Palm Street, and Zavalla Drive, (3) sections of Abilene, Buffalo, Detroit, Galveston, Ironton and Steelton Streets and (4)sections of Bellaire, Derby, Fleetwood, Glasgow, and Pickwick Lanes, Fang and Howell Courts, Howell Street, Belvedere Drive, Bicentennial Place and Chevy Chase. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 9" day of December, 2008. - Mayor Becky Ames - 2 December 9, 2008 Consider approving a bid for renovations to City Hall RICH WITH OPPORTUNITY [IEA,[11�1011T ( 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: December 9, 2008 REQUESTED ACTION: Council consider the award of a bid for renovations to City Hall. RECOMMENDATION Administration recommends the award of a bid to Bruce's General Construction, Inc. of Beaumont in the amount of$610,000. BACKGROUND Three (3)bids were received on Thursday,November 20, 2008 for furnishing all labor, materials, supplies and equipment to renovate the I" floor of City Hall. Included in the renovation is the remodeling of the former Convention and Visitors Bureau office to accommodate the Water Customer Service Division; remodeling the Human Resources office to accommodate the new computerized personnel application process; and the remodeling of the Council Chambers, City Clerk and Cash Management offices. Council Chambers will receive new seating, carpet, window treatments, paneled walls, and ceiling and lighting improvements. The entrance to Council Chambers will be modified to improve the acoustics and a metal detection system will be installed. The bids received are as follow: Contractor Price Completion Time Bruce's General Construction $610,000 120 days N&T Construction $702,000 120 days Jamail& Smith Construction $802,409 120 days Bruce's General Construction recently completed the remodeling of the 2nd floor One Stop Center. The company is a City certified MBE. Work will commence in January and be completed in 120 days. BUDGETARY IMPACT Funds are available in the Water Fund and Capital Program for this project. RESOLUTION NO. WHEREAS, bids were solicited for furnishing all labor, materials, supplies and equipment to renovate the first floor of City Hall; and, WHEREAS, Bruce's General Construction, Inc., of Beaumont, Texas, submitted a bid in the amount of$610,000; and, WHEREAS, City Council is of the opinion that the bid submitted by Bruce's General Construction, Inc., of Beaumont, Texas, should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the bid submitted by Bruce's General Construction, Inc., in the amount of$610,000 for furnishing all labor, materials, supplies and equipment to renovate the first floor of City Hall be accepted by the City of Beaumont. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 91h day of December, 2008. - Mayor Becky Ames - 3 December 9,2008 Consider approving a one-year renewal contract with Carolyn C. Chaney& Associates, Inc. to act as the City of Beaumont's Washington Assistant RICH WITH OPPORTUNITY r T • E • x • A • S City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager MEETING DATE: December 9, 2008 REQUESTED ACTION: Consider a one-year renewal contract with Carolyn C. Chaney& Associates, Inc. to act as the City of Beaumont's Washington Assistant. RECOMMENDATION The Administration recommends approval of a one-year renewal contract with Carolyn C. Chaney & Associates, Inc. in the amount of$61,488.00 which is a three percent increase from the previous contract amount. The contract will also include a maximum of$4,000 for reimbursable expenses. The new contract will be effective January 1, 2009. BACKGROUND: On a yearly basis since 1980, the City has contracted with an organization to provide legislative services on the federal level. Ms. Chaney, as the City Washington Assistant, is responsible for reviewing federal executive proposals, legislation under consideration and proposed and adopted administrative rules and regulations which could impact the City of Beaumont's policies or programs. A letter from Mrs. Chaney and the proposed contract are attached for your review. BUDGETARY IMPACT Funds are budgeted for this expenditure in the FY2009 Budget. CAROLYN Ca CHANEY & AsSOCIATES, INC. LOCAL GOVERNMENT CONSULTANTS November 20, 2008 Mr. Kyle Hayes City Manager P.O. Box 3827 Beaumont, TX 77704 Dear Kyle: Please consider this a formal request for a twelve month renewal of the contract between the City and Carolyn C. C>,;?nPV & Associates, Tic., for federal lobby;., information services. In order to address cost-of-living and other increases related to doing business in Washington, DC, the enclosed contract includes an increase of three percent in compensation level, which we hope is an acceptable proposal in relation to the City's budget. While we anticipate great changes in Washington next year, we believe that Beaumont is best served by maintaining its focus on local needs related to the federal government rather that trying to pattern priorities based on perceived policy shifts. The City's congressional delegation will remain the same for the foreseeable future, and we believe that we have maintained a positive relationship with the group that provides benefits to the City. Once again, the City's resiliency was shown in its response to Hurricane Ike. We will continue to advocate on behalf of the City for fair and equitable treatment by the federal government related to disaster relief, and hope that Washington has learned some lessons from the Rita response. In addition, Congress is expected to consider a multi- year reauthorization of federal surface transportation programs next year, and with Rep. Poe serving on the committee of jurisdiction over the bill, we hope to have serious discussions about the transportation needs of the area. As always, it is a pleasure to serve the City of Beaumont and we are grateful for the support and guidance of you, your excellent staff, and the Mayor and City Council. We hope to continue that relationship, and are available for any questions you may have about our services or the proposal contract. Sincerely, Carolyn C. Chaney 1212 NEW YORK AVENUE,NW • SUITE 250 • WASHINGTON,DC 20005-3953 TELEPHONE 202/842-4930 • FAx 202/842-5051 www.capitaledge.com AGREEMENT BETWEEN THE CITY OF BEAUMONT,TEXAS AND CAROLYN C. CHANEY&ASSOCIATES, INC. 1212 NEW YORK AVENUE,NW- SUITE 250 WASHINGTON, D.C. 20005-3953 Pursuant to this agreement, the City of Beaumont, Texas (hereinafter sometimes referred to as the "City") and Carolyn C. Chaney & Associates, Inc. (hereinafter sometimes referred to as "Consultant") agree to assume the following obligations. L Obligations of Consultant A. Consultant will organize and operate a unit to act as a Washington office for the City and will be the assigned member of its staff. Consultant will be responsiblc for obtaiuiing and furnishing requisite staff,office space,utilities,furnishings,and equipment, common-use office supplies and services, and general administrative support according to the level of service specified in Paragraph IV; B. Consultant will confer with the City Manager and such other City personnel as the City Manager may designate at the times and places mutually agreed to by the City Manager on all organizational planning and program activities which have a bearing on the ability of the City to make the best use of federal aid programs; and will act as Washington Assistant to the City of Beaumont,Texas; C. As Washington Assistant stant the Consultant will review federal executive proposals,legislation under consideration,proposed and adopted administrative rules and regulations and other Washington developments for the purpose of advising the City on her own initiative of those items which may have a bearing on City policy or programs; D. More specifically, as Washington Assistant the Consultant will advise and consult on behalf of the City with the White House and any other Federal agencies, departments and commissions as may be necessary to the performance of full Washington service to the City Manager and the City. Additionally, the Consultant will act as liaison with the U.S. Conference of City Managers and the National League of Cities, and will furnish legislative and administrative analyses of issues as requested; E. As Washington Assistant the Consultant will secure and furnish such detailed information as may be available on federal programs in which the City indicates an interest; 1 F. As Washington Assistant the Consultant will review and comment on proposals of the City which are being prepared for submission to federal agencies when requested to do so by the City Manager or his designees; G. As Washington Assistant the Consultant will maintain liaison with the City's Congressional delegation and will assist the delegation in any matter which the City determines to be in its best interest in the same manner as any other member of the City's administrative staff might render assistance; H. As Washington Assistant the Consultant will counsel with the City regarding appearances by City personnel before Congressional committees and administrative agencies and will arrange for appointments and accommodations for City personnel as necessary; I. As Washington Assistant the Consultant will contact federal agencies on the City's behalf when City applications are under consideration by such agencies and counsel the City to take whatever steps appear to be required to obtain the most favorable consideration of such applications; J. As Washington Assistant the Consultant will advise and consult with or otherwise make assistance available to such representatives of the private sector who are engaged in economic development activities as determined by the City Manager to be in the best interests of the City; K. In fulfilling her res ponsibilities under this Agreement, the Washington Assistant will act in the name of the City of Beaumont, Texas under the supervision of the City Manager. Any change in the person of the Washington Assistant from the person representing the City as of the effective date of this agreement must be approved by the City Manager. H Oblrgatlons of the City of Beaumont, Texas A. To advise the Consultant of the name or names of persons other than the City Manager authorized to request service and the person or persons to be kept advised by the Washington Assistant; B. To supply the Consultant with a summary of all federal programs in which the City is participating and advise the Consultant of any new applications filed, together with pertinent details as to the substance of such applications; 2 C. To supply the Consultant with copies of budgets, planning documents, and regular reports of the City Manager and departments,Council agenda and proceedings,newspapers and other materials which will assist the Consultant in keeping current on City policies and programs; D. To reimburse the Consultant for(1)all travel expenses incurred pursuant to Paragraph I,Subparagraphs D and G;(2) expenses for attendance at any other meetings attended by the Washington Assistant outside Washington, DC, at the request of the City; E. To reimburse the Consultant for other expenses which are incurred within Washington, DC on behalf of the City in carrying out the provisions of this Agreement and as approved by the City Manager subject to the provisions of Paragraph IV; F. To bear long distance telephone, photocopying, executive expenses and postage expenses. III. The City of Beaumont, Texas and the Consultant concur that the following exclusions shall apply to this Agreement: A. The Consultant: 1. Will not represent commercial or industrial establishments of the City in pursuit of federal business except in accordance with the provisions of Paragraph I, Subparagraph J, above; 2. Will not, by virtue of this Agreement, represent other local government agencies in Beaumont, Texas except those which are instrumentalities or agencies of the City of Beaumont, Texas; 3. Will not perform any legal, engineering, accounting or other similar professional service; 4. Will not directly or indirectly participate in or intervene in any political campaign on behalf of or in opposition to any candidate for public office in or representing the City. 3 IV. Compensation The cost of service will be $61,488.00 for twelve months,payable in advance,in equal monthly installments of$5,124.00 commencing on the first day of January, 2009. In addition, a maximum of $4,000.00 for reimbursable expenses incurred pursuant to Paragraph I1, Subparagraphs D, E, and F. V. Termination Either party may terminate this Agreement at any time by giving the other at least sixty (60) days notice in writing of such termination. IN WITNESS WHEREOF: ATTEST DATE Carolyn C" Washington ssistant Kyle Hayes, City Manager 4 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 one-year renewal contract effective January 1, 2009, in the amount of$61,488, with an additional maximum of$4,000 for reimbursable expenses, with Carolyn C. Chaney&Associates, Inc., to act as the City of Beaumont's Washington Assistant. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 9th day of December, 2008. - Mayor Becky Ames - 4 December 9, 2008 Consider authorizing a contract for asphaltic concrete pavement placement RICH WITS OPPORTUNITY BEA,UMONW 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: December 9, 2008 REQUESTED ACTION: Council consider authorizing the award of a contract for asphaltic concrete pavement placement. RECOMMENDATION The administration recommends the award of an annual contract to LD Construction of Beaumont, Texas with an estimated total expenditure of$60,000. BACKGROUND Bids were requested for a one(1)year contract for hot mix asphaltic concrete(HMAC)pavement placement. HMAC is used for repairs to large street sections in the Street Rehabilitation Program. The product was competitively bid and approved by Council to be awarded to APAC, Inc. of Beaumont, Texas. The Public Works Department, Streets and Drainage Division is responsible for the placement of HMAC. Due to Hurricane Ike, street rehabilitation has not progressed as scheduled. LD Construction can provide the equipment and manpower to lay the asphaltic concrete according to City specifications with the contracted material being supplied by the City. The use of a contracted vendor will allow current work loads to progress at a faster rate. Six(6)vendors were notified with two (2)bids submitted, as reflected below. Specifications requested pricing for both quantity and type of work. The first section requests pricing for laying the HMAC. The second section requests bids for the leveling of any low spots in the road before the HMAC is laid. Annual Contract for Asphaltic Concrete Placement December 9, 2008 Page 2 Deauiption LD Construction CMM Construction Placement of 1-1/2: HMAC 0-1,200 sq. yd $2.50/yd $2.35/yd 1,201 -3,600 sq.yd 1.25/yd 2.35/yd over 3,601 sq.yd 0.95/yd 1.05/yd Placement Level Up 0-1,200 sq. yd 2.50/yd 2.35/yd 1,201 -3,600 sq.yd 1.25/yd 2.35/yd over 3,601 sq. yd 0.95/yd 1.05/yd Street Radius 3.00/yd 2.75/yd Driveways 9.00/yd 2.75/yd There are fifty-six(56)roads on this years Rehabilitation Program, of which forty-six(46) are greater than 1,200 square yards. There will be significant savings overall by awarding this i h placement of r duct eater than contract to LD Construction due to their lower pricing in the product greater 1,201 square yards. BUDGETARY IMPACT Funds in the estimated amount of$60,000 are available in the Capital Program for the hot laid concrete which is used for street rehabilitation. RESOLUTION NO. WHEREAS, bids were solicited for an annual contract for hot mix asphaltic concrete (HMAC) pavement placement for the Public Works Department, Streets and Drainage Division; and, WHEREAS, LD Construction of Beaumont, Texas, submitted a bid in the estimated amount of $60,000 in the unit amounts shown below: Description Placement of 1-1/2: HMAC 0-1,200 sq. yd $2.50/yd 1,201 - 3,600 sq. yd 1.25/yd over 3,601 sq. yd 0.95/yd Placement Level Up 0-1,200 sq. yd 2.50/yd 1,201 - 3,600 sq. yd 1.25/yd over 3,601 sq. yd 0.95/yd Street Radius 3.00/yd Driveways 9.00/yd and, WHEREAS, City Council is of the opinion that the bid submitted by LD Construction should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the bid submitted by LD Construction for an annual contract for HMAC pavement placement for the Public Works Department, Streets and Drainage Division, in the estimated amount of $60,000 in the unit amounts shown above be accepted by the City of Beaumont. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 9" day of December, 2008. - Mayor Becky Ames - WORKSESSION * Review and discuss FEMA's Flood Mitigation Assistance Program * Review and discuss possible Downtown design standards and the expansion of the Central Business District RICH WITH OPPORTUNITY [1EA,[1M011T City Council Workshop T • E - X - A • S WORK SESSION TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Chris Boone, Community Development Director MEETING DATE: December 9, 2008 SUBJECT: Downtown Design and Use Controls COMMENT: Due to ongoing private and public investment,Downtown Beaumont is continuing its revitalization. This revitalization comes after years of disinvestment caused by development patterns shifting toward the suburbs. As buildings like the Kyle Building, Century Tower and Crockett Street have been restored, new buildings like Cathedral Square have been constructed, and the City continues to reinvest in Downtown, the need to protect current and future investments has increased. One important way help protect investments and attract new interest is to provide enhanced control of land use and design control. Design Control: There are several ways to control how buildings in Downtown Beaumont are restored, built and expanded. One method would be similar to that used in the Oaks Historic District. In the Oaks District,the architecture of most of the buildings falls within a range of Late-Nineteenth and Early Twentieth Century styles. In order to maintain the compatibility ofbuilding and restoration,the City established a Landmark Commission about 15 years ago to review and approve all new construction and exterior changes to existing buildings. The Landmark Commission reviews each request,using specific rules of what is appropriate and what is not. The problem with applying this model to the Downtown area is that there is no common architectural theme. The architecture ranges from such styles as Federalist,Italianate,Art Deco to mid-Twentieth Century modern. The other concern would be that freezing the allowable range of architectural styles to not allow more current or even Twenty-First Century designs might not be in the best interest of Downtown. Another,and more appropriate model would be to outline some recommended architectural styles, while providing specific prohibitions of certain styles that would be inappropriate. For example, recommended guidelines could be created to outline what would be compatible in terms ofmaterials, lighting,awnings,signage,etc. and certain materials like stamped aluminum-sided metal buildings could be prohibited. Land Use Control: Just as some design control is important in a revitalizing Downtown Beaumont,so are enhanced land use controls. More than$100 Million in private and public money has been invested in Downtown Beaumont over the past 15 years. Also, the City is in the process of building its new Downtown Event Center and Park. In order to protect these investments and provide a level of security of investment for future developers, enhanced land use control are needed. Currently,large parts of Downtown Beaumont are zoned for heavy and light industrial uses. These zoning categories permit such uses as mobile home dealerships,paper and steel mills and chemical plants, some without any requirement for approval by the Planning Commission and City Council. While these uses are certainly needed in our community,locating them in our revitalizing downtown may not be the best location. Also, while some of these uses are currently in our downtown, their location on the periphery and their limited numbers make them somewhat compatible to current levels of redevelopment. However, limiting future uses closer to the core of downtown and closer to the new park, allows for future redevelopment that would be better suited to a revitalized Downtown Beaumont. To this end,we are in the process of studying the expansion of the Central Business District (CBD) zoning to include a greater portion of Downtown Beaumont. The CBD category would eliminate some of the heavier uses and allow approval by the Planning Commission and City Council for other uses. A map is attached showing a draft proposal. Any such changes to the zoning map would first go to the Planning Commission and then to City Council for consideration. Also, attached is the chart of permitted uses from the Zoning Ordinance which outlines what uses are currently allowed in CBD. Proposed Downtown Zoning Changes mmmmmm NEE = c RCR Calder Z Proposed �CM % CBD Zoning �MD �P PD B PD S "AR, C-MD 5� HI N -1 N+ C-M PD Legend UTH BD A Zoning •!� 0 <all other values> ZONE A-R C-M HI HI ���' '�y�i - CBD PD M GC-MD ( ,�tQ _ GC-MD-2 M HI Ci� - LI • �O CBD �sT NC - NSC OP n T PD P M PUD G rt:z T r R-S r ` RCR PD M RM-H - RM-M � N E TT ST G� See. 30-24 Permitted Uses (a) Use of Land and Buildings:Buildings,structures,land or premises shall be used only in accordance with the uses specifically permitted in the zoning district classification for the site subject to compliance with parking regulations, height and area requirements, "special conditions: and all other requirements of the Zoning Ordinance. (b) Permitted Use Table: The permitted uses in each specific zoning district are shown by means,of symbols in the permitted use tables on the following pages. The letter "P" in the zoning district column opposite the listed permitted use means the use is permitted as a use of right in that district subject to(1)providing of off-street parking 59 in the amounts required by reference to the"parking group" column, and(2)subject to compliance with all of the requirements specified in the section or sections whose number appears in the"special conditions" column opposite the permitted use. The letter "S" in the zoning district column opposite the permitted use means the use is permitted in that zoning district only after (1) providing off-street parking in the amounts required by reference to the "parking group" column, (2) subject to compliance with all of the requirements specified in the section or sections whose number appears in the "special conditions" column opposite the permitted use, and (3) obtaining a Specific Use Permit as set forth in Article 3, Section 30-26. No primary use shall be permitted in any district other than a use shown in the following tables and no primary use shall be permitted in any district unless the letter"P"or the letter "S" appears opposite the listed permitted use. (c) Uses not Listed: Primary uses not listed in the Permitted Use Table maybe permitted in any district where similar uses are permitted. The function and locational requirements of the unlisted use must be consistent with the purpose and description of the zoning distnzt, compatible with the permitted uses in the district, and be similar in traffic-,generating capacity, noise, vibration, dust, odor, glare and heat producing characteristics. (d) Accessory Use: A use which is customarily incidental to that of the primary existing use, which is located on the same lot or premise as the primary existing use, and which has the same zoning district classification shall be permitted as an accessory use without being separately listed as a permitted use. (e) Standard Industrial Classification(SIC)Group Numbers: The group descriptions in the 1987 Standard Industrial Classification Manual prepared by the Statistical Policy Division for the United States Office of Management and Budget shall be used to determine the classification of primary uses when reference is made in the tables to a designated Standard Industrial Classification (SIC) group number. Such SIC manual shall be filed in the office of the City Clerk for public inspection during business hours. 60 PERMITTED USE TABLE TABLE OF CONTENTS AGRICULTURE, FORESTRY AND FISHING SIC Group Page 01. Agricultural Production - Crops . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65 02. Agricultural Production- Livestock . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65 07. Agricultural Services . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65 08. Forestry . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65 09. Fishing, Hunting and Trapping . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65 MINING SIC GroupPage 10. Metal Mining . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65 13. Oil and Gas Extraction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65 14. Mining and Quarrying on Nonmetallic Minerals, Except Fuels . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65 CONSTRUCTION SIC Group Page 15. Building Construction -General Contractors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65 16. Heavy Construction Other Than Building Construction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65 17. Construction- Special Trade Contractors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65 MANUFACTURING SIC Group Page 20. Food and Kindred Products . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66 21. Tobacco Products . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66 22. Textile Mill Products . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66 61 MANUFACTURING, CONTINUED SIC Group Page 23. Apparel and Other Finished Products Made from Fabrics and Similar Materials . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66 24. Lumber and Wood Products,Except Furniture . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66 25. Furniture and Fixtures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66 26. Paper and Allied Products . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67 27. Printing, Publishing, and Allied Industries . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67 28. Chemicals and Allied Products . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67 29. Petroleum Refining and Related Industries . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67 30. Rubber and Miscellaneous Plastics Products . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67 31. Leather and Leather Products . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67 32. Stone, Clay, Glass, and Concrete Products . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67 33. Primary Metal Industries . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67 34. Fabricated Metal Products,Except Machinery and Transportation Equipment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68 35. Industrial and Commercial Machinery andComputer Equipment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68 36. Electronic and Other Electrical Equipment and Components Except Computer Equipment . . . . . . . . . . . . . . . . . . . . . . 68 37. Transportation Equipment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68 38. Measuring,Analyzing, and Controlling Instruments; Photographic,Medical and Optical Goods; Watches and Clocks . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69 39. Miscellaneous Manufacturing Industries . . 69 TRANSPORTATION, COMMUNICATIONS, ELECTRIC, GAS,AND SANITARY SERVICES SIC Group Page 40. Railroad Transportation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69 41. Local and Suburban Transit and Interurban Highway Passenger Transportation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69 42. Motor Freight Transportation and Warehousing . . . . . . . . . . . . . . . . . . . . . . . . . . . 69 43. U.S. Postal Service . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69 44. Water Transportation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69 45. Transportation by Air . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69 46. Pipe Lines,Except Natural Gas . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69 62 TRANSPORTATION, COMMUNICATIONS, ELECTRIC, GAS, AND SANITARY SERVICES, CONTINUED SIC Group Page 47. Transportation Services . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . 69 48. Communications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69 49. Electric, Gas and Sanitary Service . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70 WHOLESALE TRADE SIC Group Page 50. Wholesale Trade-Durable Goods . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . 70 51. Wholesale'Trade-Nondurable Goods . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70 RETAIL TRADE SIC Group Page 52. Building Materials,Hardware, Garden. Supply, and Mobile Home Dealers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70 53. General Merchandise Stores . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70 54. Food Stores . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70 55. Automotive Dealers and Gasoline ServiceStations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70 56. Apparel and Accessory Stores . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71 57. Home Furnishings, Furniture, and Equipment Stores . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71 58. Eating and Drinking Places . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71 59. Miscellaneous Retail . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71 FINANCE, INSURANCE,AND REAL ESTATE SIC Group page 60. Depository Institutions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71 61. Nondepository Credit Institutions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71 62. Security and Commodity Brokers, Dealers,Exchanges and Services . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71 63 FINANCE, INSURANCE, AND REAL ESTATE, CONTINUED SIC Group Page 63. Insurance Carriers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72 64. Insurance Agents, Brokers and Service . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72 65. Real Estate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72 67. Holding and Other Investment Offices . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . 72 SERVICES SIC Group Page 70. Hotels,Rooming Houses, Camps And Other Lodging Places . . . . . . . . . . . . . . . . . . . :. . . . . . . .. . . . . . . . . . . . 72 72. Personal Services . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . 72 73. Business Services . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . 73 75. Automotive Repair, Services and Parking . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . 74 76. Miscellaneous Repair Services . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . 74 78. Motion Pictures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . 74 79. Amusement and Recreation Services ExceptMotion Pictures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . 75 80. Health Services . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . 75 81. Legal Services . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . 75 82. Educational Services . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . 75 83. Social Services . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . 76 84. Museums,Art Galleries and Botanical AndZoological Gardens . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . 76 86. Membership Organizations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . 76 87. Engineering, Accounting,Research (Commercial and Noncommercial) Management and Related Services . . . . . . .. . . . . . . . . . . . 76 89. Services Not Elsewhere Classified . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . 76 91-97. Governmental Uses (Public Administration) . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . 77 99. Nonclassifiable Establishments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . 77 NONCLASSIFIED USES Residential Uses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . 77 AccessoryResidential Uses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . 77 PublicUtilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . 78 64 SEC 30-24 B PERMITTED USE TABLE REV 6/07 ZONING DISTRICT Parking Special PERMITTED PRIMARY USES Group Cond. SIC A-R R-S RM-M RM-H RCR NC NSC GC-MD GC-MD-2 CBD C-M LI HI PUD IGROUP P P P 04 A0.00.UiLTUAAL Pr otyu.0 rlON.Cf:tbO.t 40 I (except as noted) P IS PP P S P P P P S 018 Horticultural Specialties 8 (including retail sales) i P P kit A6RtIjLTUfiAIpROD IVESTQCIf 15 _............_ ....................._..... _.__. .. .......... P P P P S o7*3 [WAIMt2ALS�AMES 7 (except as noted) P S PP P S P P P P S 074 Veterinary Services 14 17 P I S S S S S P PPS 0752 Kennels 14 1 17 S P P S P P PPS 076 Farm Labor and Management Services 14 (except as noted) P S S P P S P P P P S 078 Landscape/Horticultural Services 14 (except as noted) P S S P P P P S 0782 Lawn and Garden Services 14 P S S P P PPS 0783 Tree Services 7 .......................................................................................... .......................................................................................... P ueeastY 6 ..........._ . . .._ _..... . . ..... .... . P as .S.0ING,HEI�J'ING AND .............. RAPP1 fG 7 S P 40 METAL M1N.lNG > 7 P P P P P P P P P P P P P P i� QIL AND]dAS EXTRAGTtt]hf 7 S P U.-MININ�:ANtStlt}AfI#. .,G:. NON« 7 M .............AL0MINfM0:EXCEPT:PUVEL S S P P PPS 7 au�► iNirRucnbn� 7 23 . . COM ACT4RS S S P P PPS 3BHF.AVY.C.QW RIiC7K31.QTHEF2THA�E 7 23 j 8t#ILOENG CON...... QN I I � 65 SEC 30-24 B PERMITTED USE TABLE REV 6107 ZONING DISTRICT Parking Special PERNUTTED PRIMARY USES Group Cond. SIC A-R R-S RM-M RM-H RCR NC NSC GC-MD GC-MD-2 CBD C-M LI HI PUD GROUP S S P P PPS CONSTRUCTIr?NO.: CAL rt A 7 23 � CON7R+�CTbR�.: S S P 20 FQOD,AN13 KINDRED t?RiSJUCTS 7 18 (except as noted) S P P 2013 Sausage and Other Prepared Meat Products 7 18 S P P 202 Dairy Products 7 1 18 S P P 203 Canned and Preserved Fruits and Vegetables 7 18 S P P 2045 Prepared Flour Mixes and Doughs 7 18 S S P P P P 205 Bakery Products 7 18 S S P P P P 2064-67 Candy and Other Confectionary Prod. 7 18 S P P 2085 Distilled and Blended Liquer s 7 18 S S P P P P 206h Bottled and Canned Soft Drinks and 7 18 Carbonated Waters S I P P 2087 Flavoring Extracts and Syrups,Not 7 18 Elsewhere Classified S P P 209 Misc.Food Prep.and Kindred Products 7 18 S P Ptrcnci<ariofu �rs.. 7 18 S P P 2z TExr� M L R (acz 7 18 S P P P A1ti EL 3.(#ilEl�. #IISHEQi?Rf�3D 7 18 r At).gt= M A 3 tC ;� 1MILAFZhAi S P 24 I. 1ER AN#xyvipt P4ptTS, .. 7 18 ...............................:.....................:................................... .......................................................................................... _........................................._........ ... ..... . .... ......................................................................................... �%�EPT.FURi�I'i�3R . S P P 243 Millwork,Veneer,Plywood and 7 18 i Structural Wood Members S P P 244 Wood Containers 7 18 S P P 2499 Wood Products,Not Elsewhere Classified 7 18 I i S P P 25 FURN'TkfRE AND FIXTE.M. 7 18 66 SEC 30-24 B PERMITTED USE TABLE REV 6107 ZONING DISTRICT Paridng Special PERMITTED PRIMARY USES Group Cond. SIC A-R RS RM-M RM-H RCR NC NSC GC-MD GC-MD-2 CBD C-M LI HI PUD IGROUP S P 7 18 A, AM0 (except as noted) S P P 265 Paperboard Containers and Boxes 7 18 S P P 267 Converted Paper and paperboard 7 18 Products,except containers and boxes S S P P P P 9 PRINTIM03 #�tl.IWRINGAN#iAW Lb 7 INIU1 #I S P 28 CkENjI..Q. ANI3 ALCiED.PItFJ UG<$ 7 (except as noted) S P P 283 Drugs 7 S 2892 Explos ives 7 .......................................................................................... ................................................._................................... ..................................................................... S P x .P f..OLE.U1Vk.R�FINi�(�aR 1:4TEt?. 7 INnusr�jEXCF id4T Pk . S P P 295 Temporary Batching Plants 7 10 S P 3a I �t M AA1�;MISC�LiAHE>-0�#� 7 18 RI�ASlrr.ARl]I�UR3 .........................................................................................:. ..................._.............._..... .._ . S P P s iATH AN17.F~EA #tER;RRf71D1lC & . 7 18 (except as noted) S P 311 Leather Tanning and Finishing 7 18 S P P 3 srarr ;c�a�r:MAn CONC E 7 18 ...................................:....................... PFC?PE CT%. ....ept ?±a#e S IPP 324 Cement,Hydraulic 7 1 18 S P P 327 Concrete,Gypsum and Plastic Products 7 18 (except as noted) S PIP 3273Temporary Batching Plant 7 �0/18 S P 329 Abrasive,Asbestos,and Miscellaneous 7 18 Non-Metallic Mineral Products i I � S P as PRiMftRa'�nerat INDU;TKIES 7 67 SEC 30-24 B PERMITTED USE TABLE REV 6/07 I ZONING DISTRICT Parking Special I PERMITTED PRIMARY USES Group Conti: SIC A-R R-S RM-M RM-H RCR NC I NSC GC-MD GC-MD-2 CBD C-M LI HI PUD GROUP S PP ... 7 18 EXCEPT mM I .&"Tfi1kN )sDF IlkfI N EGtUIR�III«t�T(eaccept als:ktat�dJ S P 13441 Fabricated Structural Steel 7 18 S P 3443 Fabricated Plate Work(Boiler Shops) 7 18 S P 346 Metal Forgings and Stampings 7 1 18 S P 348 Ordinance and Accessories except 7 18 Vehicles and Guided Missiles S P 349 Miscellaneous Fabricated Metal Prod. 7 18 33.,IMF7USTRIALt[NDGOM6t MACifIN£R1 ANtx C�SMF?u t Kt l:i lUli M40[has nat dj 18 S P 351 Engines and Turbines 7 18 ! S IP 3523 Farm Machinery and Equipment 7 18 S JP P 3524 Garden Tractors and Lawn and Garden 7 18 Equipment S P 353 Construction,Mining and Materials 7 18 Handling Machinery and Equipment S P P 354 Metalworking Machinery and Equipment 7 18 S P P 355 Special Industrial Machinery except Metal- 7 18 working Machines S P 356 Gen.Industrial Machinery and Equipment 7 18 S P P 357 Computer and Office Equipment 7 18 S P P 358 Refrigeration&Service Industry Machinery 7 18 S P P 359 Miscellaneous Industrial and Commercial 7 18 Machinery and Equipment .. ... .......................................................................................... _....._.._................................._.._...........__. ................. S S P P P P 3 ELEC2AC)IEIC A QTHfR ELEI;TEZICi4L <' 7 E4Ull?INENT S P 3r Tt�tflsPC�RTTION Ec�l7fR1NEN7 7 18 ( ask as;riat�ct}. S P PPS 13732 Boat Building and R epair 7 I 68 SEC 30-24 B PERMITTED USE TABLE REV 6/07 ZONING DISTRICT Parldng Special PERMITTED PRIMARY USES Group Cond. SIC A-R R S RM-M RM-A RCR NC NSC GC-MD GC-MD-2 CBD C-M LI HI PUD GROUP S S P P P P :38:::MEA' *RING ANALYYiNG AN O 7 got rat t� its I)15TFkt3ME tTS,#�kt(.. a RAAHIG,M I ; kMPifPTtCAI.G�3�JPS,.... WATCH(rS AbID GLL3CKS S S S S P P as MISEtLANEDI,S MANuFAC #Ra 7 IN#�gSxftlES S S P P PPS ap RA1I Rt3Ap Tls.c.RTATION. 7 S S P P P P S a t ocr ;slsg eAtu rr Iral�IO 7 1N f RI)#tt# 'HICsH�glA-Y AAS ENGEft '.rRAN�i??DRTATIdN�exce t as rioted) _ P S P P P P S 4119 Local Passenger Transportation,Not 7 Elsewhere Classified 2 S S P P P P S dn�0T10,Mac#'I TRAlvsaaRTArIDN. 20 20 A1�kb.:iluAft�tbtlS(N t; S P S P P P P S (r 3?tSTALftVICE 7 .......................................................................................... .......................................................................................... ..............................................................._................__..... S P P S 44 WATER Tt?AN83?OttTAT1ON 7 18 S P P P S ae TNaaTAI�.laxAirz . 7 {except as:noted) . S S S S S S S S Heliport and helistops 41 16 P S P P S P P P P P P P P S JFfE......1RA1 G1►5 S S P P P P S 47 .TRANMI3-CAT flN s t tees 7 (except as noted) S S SS P S P P P P S 4724 TRAVEL AGENCIES 14 i S S P P S P P PPS de cerMMVNEAnoNS. 7 69 SEC 30-24 B PERMITTED USE TABLE REV 6/07 ZONING DISTRICT Parking Special PERMITTED PRIMARY USES Group Cond. SIC A-R R-S RM-M RM-H RCR NC NSC GC-MD GGMD-2 CBD C-M LI IH PUD GROUP i S S P P P P S 49 ELC1l2[C,�A51lP1DSArYIlARY 7 SERVICE(except as noted) P P P P P P P P P P P P P P 4971 Irrigation Systems 7 S S P P P P S 5Ii 1N#tC)t ESALE TRACkE Dt#RA13t E CsCfF76S 8 (except as noted) S S P S 5015 Motor Vehicle Parts,Used 8 S S P S 5093 Scrap and Waste Materials 8 S S P P P P S 5Y!wt , srkt, Fi�AQE►4yoWRA1t f3agos 8 (except as noted) S � P S 1515 Farm Product-Raw Materials 8 S SIP S 5169 Chemicals and Allied Products,Not 8 Elsewhere Classified PP P S P P PPS 37 gy�t. ils NlglEtlikl.$,HkRk3SAFFFt , 8 13 &u...:...:.. .:... ,:;<:Glti�QE"PI SIJ!?PC1�Ai. MY59tLE`#iCyfiAE b AL t S,exaRepc as r+oted S S S P P PIP S 527 Mobile Home Dealers 8 S P P P S P P PIP S s aI.........,.........,.:::::-:::.:- , r�.N sTV s 13 13 S PP P S P P P P S 54 FbD STt1RES; 12 13 ss�tro ns �Gtsot tf±� 13 F[�Itr5TJ1TIIas. notecE) P P S P P PP S 551 Motor Vehicle Dealers(New&Used) 24 S P S P P PP S 552 Motor Vehicle Dealers(Used Only) 23 S PIP j P S P I P IP,P S 1553 Auto&Home Supply Stores 13 S ISIP P S P P P P S 554 Gasoline Service Stations 38 P P S P P P P S 555 Boat Dealers 24 P P S P P P P S 556 Recreational&Utility Trailer Dealers 24 ! P P S P P P P S 557 Motorcycle Dealers 14 S P S P P P P S 559 Auto Dealers,Not Elsewhere Classified 23 j I � i 70 SEC 30-24 B PERMITTED USE TABLE REV 6/07 ZONING DISTRICT Parking Special PERMITTED PRIMARY USES Group Cond. SIC A-R R-S RM-M RM-H RCR NC NSC GC-MD GC-MD-2 CBD C-M LI HI PUD GROUP i S PP P S P P PPS 5s�4PPAREL AND Jk C 5S()RY sxfl> s 13 13 1 S PP P S P P PPS sr He FURNlsHir s�l~u I�IruR�, 14 13 ANEGIRMEN[STORl ES. %EATING& A.-INKIN FLACES(aSxioYad) 2 S ISIP P S P P PPS 5812 Eating Places(Inc.Carry Out Caterers) 26(9) 11 S S S P P P P S 15813 Drinking Places 26 S S cS 2082 Brewpubs 26C S S $ 2084 Wineries 26 59 MI&GELLANEOtJS RETAIL(;IS notezl) 13 S P P IP S P I P IP P S 591 Drug Stores and Propriety Stores 13 S P P S P IP IP P S 592 Liquor Stores 13 S P P P S P P I P P S 593 Used Merchandise Stores 14 21 S P P P S P P P P S 5941 Sporting Goods and Bicycle Shops 13 S P P P S P P P P S 5942 Book Stores(General) 13 P P P 5942 Book Stores(Adult) 13 2 (including gifts and novelties) S P P P S P P IP PS 5943 Stationery Stores 13 S P P P S P P P P S 5944 Jewelry Stores 13 S P P P S P P P P S 5945 Hobby,Toy and G ame Shops 13 S P P P S P P P P S 5946 Camera and Photography Supply Stores 13 S P P P S P P P P S 5947 Gift,Novelty and Souvenir Stores 13 S P P P S P P P P S 5948 Luggage and Leather Goods Stores 13 S PIP P S P P PPS 5949 Sewing,Needlework and Piece Goods Stores 13 S P P P S P P PIP S 596 Nonstore Retailers 7 S P P P S P P PIP S 598 Fuel Dealers 15 S P P P S P P P P S 599 Retail Stores,Not Elsewhere Classified 13 S P P P S P P P P S sn DIstislT�r�til� rlTUtorts. 14 S P P P S P P PPS a rlorpi~I��slTCri�`r Irlsrurrat :> 14 i S S P P P S P P P P S $2 SEG'E3RI'fYAfiED 0—W'*3Q":.RROKERS, 14 DSALRS;EXGI#ANC,ERS 8 SER17O�5 71 SEC 30-24 B PERMITTED USE TABLE REV 6/07 ZONING DISTRICT ParkingSpecial PERNUTTED PRIMARY USES Group Cond. SIC ! A-R R-S RM-M RM-H RCR NC NSC GC-MD GC-MD-2 CBD C-M LI HI PUD GROUP S S P P P S P P PPS s3 n�su> af�cE C�..... 3 14 S S P P P S P P PPS sa IN$URM. CE AGENTS,8RQf6ERSAND 14 SER1fICE S S P P P S P cP� LP+ cP� S ss.FMA : TA V j5XP.l�rr AS f�c rig 14 S S S S S SS S S S S S S S 6553 Cemetery Subdivision and Developers 41 (subject to state statutes) S S PP P S P P PPS 67 H{7I DiiCaB trrH£RINLEET�FFICES 14 I'�LS;;�Lt>iIiMIN�.HUL#S#�,CiA.0 S P S P P P P S 701 Hotels,Motels and Tourist Camps 1 S S S S S S S 701 Bed and Breakfast Facilities 42 22 S S S S S S S 702 Rooming and Boarding Houses 1 S S Ss S S S S S S S 703 Camps and Recreational Vehicle Parks rJ S is S IP S P S 704 Organization Hotels and Lodging Houses on 1 Membership Basis 7z P R$OI!iAt$ERVICRS(asntr' S PP P S P P P P S 7211 Power Laundries,Family and Commercial 7 S P P P S P IP IP,P S 17212 Garment Pressing and Agents for 7 Laundries and Dry Cleaning S P P P S P P P P S 7213 Linen Supply 7 S S P P P S P P P P S 7215 Coin-Operated Laundries and 39 Dry-Cleaning S P P P S P P P P S 17216 Dry Cleaning Plants 7 S P P P S P P P P S 7217 Carpet and Upholstery Cleaning 7 S P F P S P P P P S 7218 Industrial Launderers 7 S P P P S P P P P S 7219 Laundry and Garment Services, 7 Not Elsewhere Classified S S P P P S P P P P S 1722 Photographic Studios,Portrait 14 S S P P P S P P P P S 723 Beaty sr,op5 11 72 SEC 30-24 B PERMITTED USE TABLE REV 6/07 ZONING DISTRICT Parking Special PERMITTED PRIMARY USES Group Cond. SIC A-R R-S RM-M RM-H RCR NC NSC GC-MD GC-MD-2 CBD C-M ILI HI PUD GROUP S S P P P S P P P P P 724 Barber Shops 11 S P P P S P P P P S 725 Shoe Repair Shops,Shoe Shine Parlors 13 and Hat Cleaning Shops S S S S S P P IP IP S 726 Funeral Services and Crematories 25 S P P P S P P P P S 729 Misc.Personal Services(except as noted) 14 P P P Massage Parlors 13 2 P P P Adult Modeling or Photo Studio 13 1 2 7 BUtN9S 9RjCS(at3oted) S S PIP P S P P PP S 7311 Advertising Agencies 14 SS S S P P P P S 17312 Outdoor Advertising Services 14 S S P P P S P P PPS 17313 Radio,Television and Publishers' 7 Advertising Representatives S P P P S P P PIP S 7319 Advertising,Not Elsewhere Classified 14 S S P P P S P P PIP S 732 Consumer Credit Reporting Agencies, 14 Mercantile Reporting Agencies and Adjustment and Collection Agencies S S P P P S P P P P S 733 Mailing,Reproduction,Commercial Ar t& 14 Photography,and Stenographic Services S is IP P S P P PIP S 734 Services to Dwellings and Other Buildings 7 S S P P PIP S 735 Miscellaneous Equipment Rental and 7 13 Leasing(as noted) S PP IP S P P PPS 7352 Medical Equipment Rental and Leasing 7 13 S S S P P P S 17353 Heavy Const.Equipment Rental and 7 13 Leasing S S S P P P S 7359 Equipment Rental and Leasing,Not 7 13 Elsewhere Classified 736 Personnel Supply Services(as noted) S S S P IP S P P P P S 7361 Employment Agencies 14 S SP IP S P P P P S 7363 Help Supply Services 14 S `S P P S P P P P S 737 Computer and Data Processing Services and 14 Other Computer Related Services S SP P S P P P P S 738 Miscellaneous Business Services 14 13 (except as noted) S S SP P S P P PPS 7389 Business Services,Not Elsewhere 7/14 i I 73 I SEC 30-24 B PERMITTED USE TABLE REV 6/07 ZONING DISTRICT Parldug Special PERMITTED PRIMARY USES Group Cond. SIC A-R R-S RM-M RM-H RCR NC NSC GC-MD GC-MD-2 CBD C-M LI F11 PUD GROUP Classified(of a general office character) xs nuroMarl�r�. a�aa,s��vrc�sa��I PARTING(as nbked) S S S P S P P PPS 751 Automobile Rental and Leasing 24 S S S P S P P PIP S 752 Automobile Parking 0 S S S P S P P PPS 7532 Top and I nterior Repair Shops 19 1 9 S S P P P P S 7532 Paint and Body Repair Shops 19 9 S P P P P P P S 7533 Automotiv a Exhaust System Repair Shops 19 9 S S P P P P S 7534 Tire Retreading Shops 19 S S P P S P P P P S 7534 Tire Repair Shops 19 S P P S P IP PPS 17536 Automotive Glass Replacement Shnps 19 9 S P P P P P P S 7537 Automotive Transmission Repair Shops 19 9 S S P P S P P P P S 7538 General Automotive Repair Shops 19 9 S S P P S P P P P S 7,939 Automotive Repair Shop,Not 19 9 Elsewhere Classified S S P P S P P P P S 754 Automotive Services,Except Repair 9 15 ... . .... _..................................... .. ......._..... _........... ........................... ............I— ............. _........................................................_............ .......................................................................................... ................................................................ -........I......,....., ........................................................................I........_.....- ........................................_....................._._..... Ti3_MISG L a�N1=0iA 1�Pi\1R:S�ftVtC�S .......................................................................................... (as P Q AJ S PP IP S P P P P S 762 Electrical Repair Shops 13 S PP P S P P P P S 763 Watch,Clock,and Jewelry Repair 13 S S P P IS P P PPS 764 Reupholstery and Furniture Repair 14 S S P P P P S 17692 Welding Repair 7 S S P P P P S 7694 Armature Rewinding Shop 7 S P P S P P P P S 7699 Repair Shops and Related Services 7 Not Elsewhere Classified 70 MOTION PfC.T�JRES(as voter j 2 S SIP P S P P IP PS 1781 Motion Picture Prod.and Allied Services 7 S SP P S P P PP t7833 782 Motion Picture Dist.and Allied Services 7 S S P P S P P P P 7832 Motion Picture Theater's,(exc.Drive-In) 25 P P P 7832 Adult Motion Picture Theater's 2C5 2 P S P P P P Drive-in Motion Picture Theater's 6 S P P P S P P P P S 7841 Video Tape R ental 14 2 74 �I SEC 30-24 B PERMITTED USE TABLE REV 6107 ZONING DISTRICT Parking Special PERMITTED PRIMARY USES Group Coad. SIC A-R R-S RM-M RM-H RCR NC NSC GC-MD GC-MD-2 CBD C-M LI HI PUD IGROUP i9 AfWI#iSiNEN F k,F.Ep RAC 54VIGl: 2 EX000TM0 7f014 1... i#R ;aa Acted) S S SP P S P P PIP S 791 Dance Studios,Schools and Halls 14 S S P P S P P PIP S 792 Theatrical Producers,Bands,Orchestras 14 and Entertainers S S P P S P P IPIP S 793 Bowling Centers 32 S S P P PIP S 794 Commercial Sports 25 S P P P $ P P PIP S 7991 Physical Fitness Facilities 14 P P P P P P P P P P P PIP P 7992 Public Golf Courses 33 S S P P S P P PIP S 7993 Coin-Operated Amusement Devices 12 S P P $ P P PIP S 7996 Amusement Parks 41 S S S S S P IP P S P P P P P 7997 Membership Sports and Rec.Clubs 13 S S is Is S SP P S P P PP P 7999 Amusement and Recreation Services, 26 Not Elsewhere Classified S S P P P S P P P PS 801 Offices and Clinics of Drs.of Medicine 14 S S P P P S P P P P S 802 Offices and Clinics of Dentists 14 S S P P P S P P PIP S 803 Offices and Clinics of Drs.of Osteopathy 14 S S P P P S P P PPS 804 Offices and Clinics of Other Health 14 Practitioners Inc. Massage Therapist S S P P P S P P P P S 805 Nursing and Personal Care Facilities 28 S S S S S S P P S P P P P S 808 Hospitals 28 $ S P P P S P P P P S 807 Medical and Dental Laboratories 7 $ $ P P P S P P P P S 808 Home Health Care Facilities 14 S S S S S P P P $ P P P P S 809 Miscellaneous Health and Allied Services 18 Not Elsewhere Classified S S PP P S P P PPS a LEGA SERVICES 14 .__ ......... _ ...__. . I e:2 Ep#iGATt(� ALS�R1f# E {aa M 0...) S S $ $ S $ $ S S S S S S S 821 Elementary Schools 30 S S S S S S S S S S S SSS 821 Secondary Schools 30/31 SIP IP is P P P P S 822 Colleges,universities,Professional 30/31 i 75 SEC 30-24 B PERMITTED USE TABLE REV 6/07 ZONING DISTRICT Parking Special PERNUTTED PRIMARY USES Group Cond. SIC A-R R-S RM-M RM-H RCR NC NSC GC-MD GC-MD-2 CBD C-M LI HI PUD GROUP i Schools and Junior Colleges P S S P P pp P S P P P PP 823 Libraries 8 S P P P S P P P P P 824 Vocational Schools 30/31 S P P P S P P P P S 829 Schools and Educational Services, 30/31 Not Elsewhere Classified S S S P P P S P P PPS e3 00JA s� ui s(elwept.a;aotea; 41 P P S P S P S 8361 Residential Care(except as noted) 41 19 S S S S S S S Halfway Homes for Delinquents 41 19 and Offenders S S P P P S P P P PS ea Nku s�ui� nix cti > Nt :.:. 18 ARDE KNEW:�R�Htla D:REIIIN�?\�tI1f+1S.{a0 Opt9d� S S S P P S P P P P S 861 Business Association 14 S S S P P S P P P P S 862 Professional Membership Organizations 14 S S P P S P P P P S 863 Labor Unions and Similar Labor Organ. 14 S S P P S P P PIP S 864 Civic,Social and Fraternal Associations 14 S S S P P S P P PIP S 865 Political Organizations 14 S S S S S ISIP P S P P S S S 866 Religious Organizations 18 S IS P P S P P S S S 869 Membership Organizations,Not 14 Elsewhere Classified S S PP P S P P pp S ar S NO-I:I rN�,�tK��uyr�NO .. 14 Ab�lAi[ �iE14I,;.:R! lNAIMMENTAND.::...........:.: 13.vri.sickees{excrEpt zs tlaerl) S SS P S P P P P S 873 Research,Development and Testing 7 Services (except as noted) S S P P P P S 8734 Testing Laboratories 14 S S PP P S P P PPS esE�vreFt�7; t�s�vuttl� 4aes�F(Ev 14 76 SEC 30-24 B PERMITTED USE TABLE REV 6/07 ZONING DISTRICT Parking Special PERMITTED PRIMARY USES Group Cond. SIC � A-R RS RM-M RM-H RCR NC NSC GC-MD GC-MD-2 CBD C-M LI HI PUD GROUP 9d�y Gil TV 9 n.# P P P P P P P P P P P P P Federal,State and Local Government 14 Excluding Districts and Authorities S S S S S S P P S P IP PPS Districts and Authorities 14 ......................................................:................................... .......................................................................................... _.._ _ S S S S S S S S S S S SSS as N ait~isiA�cs ras.( raiNVS 41 .....................................................................................::... ........................................................................................:. ...._..._... ......_.. .. . ...... .......................................................................................... (ein�pk:as'npted# S S S S S S S S 9991 Jails,Correctional Facilities,Detention 41 Centers,Prisons and Prison Camps, Privately Owned and Operated ta�xr�� :' . .::... :.::...:., P P P P P S P Single-Family Dwellings 3 S Is I P P P S S Two-Family Dwellings 3 P P S P S P S Multi-Family Dwellings 2 P P P P P P P Cluster Housing 3 1 S S S S S Mobile Home Park 4 4 S S S S S Mobile Home Subdivision 4 4 P P P P P Model Dwelling Unit 3 P P P P P P I P Family Home(see definition) 41 ....... ,QGCS�5ftl ftMrNTlAt:USS . P P P P P P P P P Accessory Building,Structure or Use 7/14 S P P P S Garage Apartment 1 5 P P P P P P I Home Occupation 14 S S S Is. S I I I P S P P Servants or Caretakers Quarters 1 6 P P P P P P P P P Private Recreational Facility $ P P P P P P P P P Swimming Pool 3 P P P P P P P P P Solar Collectors i I i i 77 i SEC 30-24 B PERMITTED USE TABLE REV 6/07 ZONING DISTRICT Parking Special PERAUTTED PRIMARY USES Group Cond. SIC A-R R-S RM-M RM-H RCR NC NSC GC-MD GC-MD-2 CBD C-M LI HI PUD GROUP ................_..._................_....._........................................... .......................................................................................... F'ULIC::E3TlLl71E5 P P P P P PP P P P P P PP Cable Television,Transmission Line P P P P P PP P P P P P P P Electrical Transmission Line P P P P P P P P P P P P P P Fiber Optic Cable Communications Line S S S P P P P S Electrical Generating Plant 41 S S S S S S S S S P P P P S Electrical Substation 41 P P P P P P P P P P P P P P Local Utility Service Line 41 S S S S S Radio,Television,Microwave and Cellular 41 24 Telephone Transmission Towers S S S S S S S S S S S P P S Railroad Tracks and Switching Yards P P P P P P P P P P P P P P Sewage Pumping Station 41. P P P P P P P P P P P P P P Sewage Treatment Facilities 41 P P P P P P P P P P P P P I Telephone Exchange,Switching Relay or 41 Transmitting Station S S P P P P S Utility Service or Storage Yard or Buildings 41 P P P P P P P P P P P P P P Water Standpipe or Elevated Supply,W ater- 41 Reservoir Well or Pumping Station P P P P P P P P P P P PPS Water Treatment Plant 41 S P P P Is P P PPS Utility Business Office 14 78