HomeMy WebLinkAboutPACKET NOV 24 2009 RICH WITH OPPORTUNITY
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T • E • X • A • S
REGULAR MEETING OF THE CITY COUNCIL
COUNCIL CHAMBERS NOVEMBER 24, 2009 1:30 P.M.
CONSENT AGENDA
* Approval of minutes
* Confirmation of committee appointments
Clint Walters would be appointed as an alternate to the Planning and Zoning Commission. The
term would commence November 24, 2009 and expire November 23, 2012. (Mayor Becky
Ames)
A) Approve a one year contract with the Greater Beaumont Chamber of Commerce
B) Authorize the City Manager to increase the Sanitary Sewer Rehabilitation of Small
Diameter Mains Contract-XV Project for"extra work"
C) Authorize the City Manager to enter into an agreement with the Jefferson County
Community Supervision and Corrections Department
D) Authorize the acquisition of property for the Concord Road Pavement Widening Project
E) Approve a resolution accepting maintenance of the street, storm sewer, water and sanitary
sewer improvements in Emersen Enclave Subdivision
A
[I r A,11 1�1 C1 I Tot,
T • E • X • A • S City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
�(7
PREPARED BY: Laura Clark, Chief Financial Officer
MEETING DATE: November 24, 2009
REQUESTED ACTION: Council consider authorizing a one year contract with the
Greater Beaumont Chamber of Commerce.
RECOMMENDATION
Administration recommends funding the Greater Beaumont Chamber of Commerce $85,000 for
the period January 1, 2010 through December 31, 2010, from the General Fund.
BACKGROUND
The funds will be used for marketing Beaumont and business retention/recruitment efforts.
Administration is extremely pleased with the relationship between the City and the Chamber.
BUDGETARY IMPACT
Funds are budgeted in the General Fund.
i
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(1)year contract
with the Greater Beaumont Chamber of Commerce in the amount of$85,000 for economic
development purposes effective January 1, 2010 through December 31, 2010.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 24th day of
November, 2009.
- Mayor Becky Ames -
B
RICH WITH OPPORTUNITY
r
T • E • X • A • s City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Dr. Hani J. Tohme, Water Utilities Director
MEETING DATE: November 24, 2009
REQUESTED ACTION: Council approval of a resolution authorizing the City
Manager to increase the Sanitary Sewer Rehabilitation of
Small Diameter Mains Contract-XV Project for"extra
work".
RECOMMENDATION
Administration recommends approval of increasing the Sanitary Sewer Rehabilitation of Small
Diameter Mains Contract-XV Project amount by $47,882.25. The proposed changes to the
contract will rehabilitate approximately 885 linear feet of 10-inch sanitary sewer lines, remove and
replace four manholes, remove one existing manhole in place, replace seven service connections,
clean and televise 885 linear feet of damaged lines, post televise 885 linear feet of rehabilitated
lines, and increase the contract time by 25 calendar days. The additional days increases the total
contract time to 155 calendar days. The proposed extra work will represent an increase of
13.76% and a total increase of 24.78%to the original contract amount. The proposed extra work
is between 23rd Street and 21' Street on Queens Row.
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.
Previous actions include:
Resolution 09-158 in the amount of$348,062.75 was passed by City Council on June 2, 2009.
Resolution 09-258 in the amount of$38,369.00 was passed by City Council on
September 1, 2009.
This Change Order is recommended for approval by the City Manager and the Water Utilities
Director.
Sanitary Sewer Rehabilitation of Small Diameter Mains Contract-XV Project
November 24, 2009
Page 2 of 2
BUDGETARY IMPACT
Funds for the project are available in the Capital Program.
APPROVAL OF CONTRACT CHANGE
Change Order No. 2
Date:November 19.2009
Project: City of Beaumont
Sanitary Sewer Rehabilitation of Small Diameter Mains Contract-XV Project
Owner: City of Beaumont
P.O. Box 3827
Beaumont,"Texas 77704
Contractor: Horseshoe Construction,Inc.
2309 S. Battleground Rd.
LaPorte.TX 77571
To the Owner: Approval ofthe following contract change is requested.
Reason for Change: To increase the contract amount for "extra work"performed by the Contractor to
rehabilitate approxi nately 885 linear feet of 10-inch sanitary sewer lines,remove and replace four manholes,
remove one existing manhole in place,replace seven service connections,televise 885 linear feet of existing
sanitary sewer lines, post televise 885 linear feet of rehabilitated lines and increase the contract time by 25
calendar days to a total of 155 calendar days..
ORIGINAL CONTRACT AMOUNT $348.062.75
THIS CHANGE ORDER:
Description Net Change
Rehabilitate 885 linear feet of 10-inch sanitary sewer lines. $30,975.00
Remove and replace four manholes. $ 11 200.00
Remove one existing manhole in place. $ 500.00
Replace seven service connections. $ 2,331.00
"Televise 885 linear feet of existing sanitary sewer lines. $ 1,770.00
Post televise 885 linear feet of the rehabilitated lines. $ 1,106.25.
TOTAL AMOUNT OF THIS CHANGE ORDER: $47,882.25.
TOTAL AMOUNT OF PREVIOUS CHANGE ORDERS: $38,369.00
TOTAL REVISED CONTRACT AMOUNT INCLUDING
THIS CHANGE ORDER: $434,314.00
CONDITION OF CHANGE:
"Contractor acknowledges and agrees that the adjustments in contract price and contract time stipulated in
this Change Order represents full compensation for all increases and decreases in the cost of,and the time
required to perform the entire work under Contract arising directly or indirectly from this Change Order and
all previous Change Orders. Acceptance of this waver constitutes an agreement between Owner and
Contractor that the Change Order represents an all inclusive, mutually agreed upon adjustment to the
Contract, and that Contractor will waive all rights to file a claim on this Change Order after it is properly
executed."
Recommended By: Approved By: Accepted By:
Dr. Hani Tohme,P.E. City of Beaumont Horseshoe Construction,Inc.
Water Utilities Director Owner Contractor
Date: Date: Date:
RESOLUTION NO.
WHEREAS, on June 2, 2009, the City Council of the City of Beaumont, Texas,
passed Resolution No. 09-158 awarding a contract in the amount of $348,062.75 to
Horseshoe Construction, Inc., of LaPorte, Texas, for the Sanitary Sewer Rehabilitation of
Small Diameter mains Contract - XV;
WHEREAS, Change Order No. 1 in the amount of$38,369.00 was required for extra
work to rehabilitate approximately 700 linear feet of 10-inch sanitary sewer lines, remove
and replace two manholes, clean and televise 700 linear feet of damaged lines, post
televise 700 linear feet of rehabilitated lines, replace 18 service connections, thereby
increasing the contract amount to $386,431.75; and
WHEREAS, Change Order No. 2 in the amount of$47,882.25 is required for extra
work to rehabilitate approximately 885 linear feet of 10-inch sanitary sewer lines, remove
and replace four manholes, remove one existing manhole in place, replace seven service
connections, clean and televise 885 linear feet of damaged lines, post televise 885 linear
feet of rehabilitated lines, thereby increasing the contract amount to $434,314.00;
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the City Manager be and he is hereby authorized to execute Change Order No. 2
for additional work described above,thereby increasing the contract amount by$47,882.25
for a total contract amount of $434,314.00.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 24th day of
November, 2009.
- Mayor Becky Ames -
r .
c
T • E • X • A • S City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager-
PREPARED BY: Laura Clark, Chief Financial Officer 'K-�,
MEETING DATE: November 24, 2009
REQUESTED ACTION: Council consider authorizing the City Manager to enter into
an agreement with Jefferson County Community
Supervision and Corrections Department.
RECOMMENDATION
Administration recommends Council authorize the City Manager to enter into an agreement with
Jefferson County Community Supervision and Corrections Department (JCCSCD) to allow the
City to participate in the Community Service Program.
BACKGROUND
The Community Service Program serves as a broker between the Courts of Jefferson County and
the community by administering community service hours, imposed in lieu of or in addition to
Court ordered fees or as a condition of probation, to the mutual benefit of the Courts, community
agencies, and offenders. The purpose of the agreement is to formalize the working relationship
between the JCCSCD community service program and the public and nonprofit agencies that
receive the community service, clarifying the roles and responsibilities of the parties involved.
The prior agreement between the City and the JCCSCD was effective on April 5, 2000.
An agreement is attached for your review.
BUDGETARYIMPACT
None
I
Jefferson County Community Supervision
and Corrections Department
Honorable
Court rable Layne Court Walker
252 JIM STOTT,DIRECTOR Honorable G.R-"Lupo"Flores
County Court at Law#2
Honorable John B.Stevens,Jr.
Criminal District Court Honorable John P.Davis
County Court at Law 0
November 2, 2009
Dear Community Service Sight,
Enclosed you will find an updated CSR contract. Please review, sign and
mail back to us if you want to continue working with our department. This
contract is the same as your old one; it gives more detail to the requirements
and having the Probationer held accountable for his behavior. Once we
receive your signed copy, we will have it approved by our Judges. A copy
will be mailed to you for your records. The CSR Coordinators information
is included along with where to fax the hours. Any questions or problems
please contact me at (409) 951-2262 and again thank you for your assistance
in this matter.
4�qinerely, R Q
i , Su
pervisor
Jefferson County Adult Probation
Main Office
820 Neches Port Arthur Office
Beaumont, Texas 77701 246 Dallas
Ph.409-951-2200 Port Arthur,Texas 77640
Fax:409-832-7975 Ph.409-983-8360
Fax 409-983-8341
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 enter into an agreement with
Jefferson County Community Supervision and Corrections Department, substantially in the
form attached hereto as Exhibit "A," for participation in the Community Service Program.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 24th day of
November, 2009.
- Mayor Becky Ames -
i
COOPERATIVE AGREEMENT
FOR
COMMUNITY SERVICE PROGRAM
Between the
Jefferson County Community Supervision and Corrections Department
And
City of Beaumont
The Community Service Program serves as a broker between the Courts of Jefferson
County, Texas and the community by administering community service hours imposed in
lieu of or in addition to Court ordered fees; or as a condition of probation. The goal of
the community service program is to assist the Court in the administration of justice by
coordinating the performance of community service by offenders to the mutual benefit of
the Courts, community agencies and offenders.
The services of each party should complement each other as to provide a mechanism for
the citizens of Jefferson County, Texas to receive benefit from the services of
probationers as ordered by the Courts of Jefferson County, Texas.
PURPOSE OF AGREEMENT:
The purpose of this agreement is to formalize the working relationship between the
JCCSCD community service program and the public and nonprofit agencies namely
City of Beaumont that receive the community service. The following responsibilities
will clarify the roles and responsibilities of the parties involved.
COMMUNITY SERVICE PROGRAM RESPONSIBILITIES:
The Community Service Program or designated representative agrees to:
1. Refer probationers to contribute community service work, who possess skills
and capabilities consistent with the types of skills and abilities most beneficial
to the agency or organization receiving benefit of the work service.
2. Designate a Community Service Program liaison for the CSR agency:
3. Complete a thorough screening of all probations prior to referral for
placement and advise the CSR agency of the current type of offense.
4. Adhere to the CSR agency guidelines.
5. Advise the CSR Agency of any special conditions of the case such as current
or past offenses which relate to the proposed service, mental or physical
disabilities, alcohol or drug problems or a poor attitude.
6. Respond to and notify the Court with any problems such as poor performance,
attendance or attitude in a prompt and affirmative manner: within 48 hours.
EXHIBIT "A"
7. Conduct a worksite visit as needed or as soon as possible when a new
supervisor is appointed or upon request of the CSR agency.
8. Collect all reports and time sheets to complete weekly and monthly reports.
CSR AGENCY RESPONSILITIES:
The CSR agency or representative will:
1. Not discriminate in serving probationers or accepting offender volunteers on
the basis of race, sex, age, marital status, color, political affiliations, national
origin, religion handicap, or any other non merit factor:
2. Designate TWO specific staff personnel (CONTACT PERSONS) on the
Agency Record through whom all referrals will be made:
3. Keeps all information concerning the offenders strictly confidential:
4. Provide descriptions of available work assignments which will benefit the
general community.
5. Provide supervision of the actual performance or work of the probationer
giving adequate direction for work assignments and accountability of worker
job performance.
6. Provide documentation of date(s) and time(s)of performance of the work
assignment to the CSR Program in a timely manner.
7. Provide any equipment or supplies necessary for performance of the work
assignment.
8. Allow for water breaks and lunch breaks when appropriate in accordance with
good labor practices.
9. Not assign probationers to perfo any tasks which pose any obvious danger
to the probationer.
10. Not allow probationers to driv C gency vehicles without the prior
permission of the CSR Program.
11. Not allow offenders to drive their own vehicles from one work assignment to
another.
12. Not allow offenders to purchase supplies or materials for the CSR project
unless it is approved by the CSR Program in writing.
13. Not allow offenders to use their own tools, supplies, or materials for the CSR
project without prior permission of the Community Service Program.
14. Not allow probationers to pay money, donate materials, merchandise, favors,
or professional services for personal use in lieu of CSR hours without written
consent from the CSR Program.
15. You the CSR Agency, will not accept from the offender money, donated
materials, merchandise, favors, or professional services for personal use in
lieu of CSR hours without written consent from the CSR Program.
16. Keep accurate records of hours worked by the probationers and make them
available for review to the CSR Program upon request.
17. Provide progress reports on probationers when contacted by the Community
Service Program.
18. Take the initiative to notify the program immediately of any persistent
performance problems, any injuries or incidents involving the probationer.
19. Promptly dismiss a probationer and immediately notify the program if a
Probationer:
a. Appears to be under the influence of alcohol or unprescribed drugs.
b. Behaves uncooperatively or has committed a serious infraction of
worksite rules.
c. Is repeatedly tardy, rude, or uncooperative and regularly fails to
report as scheduled.
20. Provide a final report by completing an Evaluation Form and returning the
timesheet when the probationer completes the CSR hours, or when the case is
closed out.
21. Ensure that your agency meets non-profit status as outlined with IRS Code
501(a) or 501(c) or 501(c) (4) exempting your agency from federal income tax
CLARIFICATION OF LIABILITY
Liability of Jefferson County Supervision and Corrections Department is limited to its
own acts in placing probationers with City of Beaumont to perform community service.
All efforts with be made to screen probationers to be placed,to alleviate any danger to
the community, or any inherent liability to the agency or organization receiving benefit of
the community service.
The primary liability for accidental injury received while performing community service
will inherently lie with the agency or organization receiving the benefit of the community
service. Jefferson County Community Supervision and Corrections Department carries
an accidental injury policy to cover probationers that are hurt while doing community
service. In good faith effort to avoid situations of liability, it is suggested that community
service probationers not be allowed to operate heavy equipment or hazardous equipment
that could result in serious injury or damage to the equipment or probationers.
TERMINATION
This agreement will become effective on the date of execution of this instrument and may
be terminated by either participating party upon a thirty (30) day written notice. It may
also be modified with mutual consent of both parties.
JEFFERSON COUNTY COMMUNITY SUPERVISION & CORRECTIONS
DEPARTMENT
Am Stott Date
Dir efferson County CSCD
- �aq
Ja obias S ' or CSR Program Dat
CSR Agency Representative Date
Approved in accordance with Texas Code of Criminal Procedure,Article 42.12
Section 16(a):
David Pouncy Beaumont CSR Coordinator
951-2282 or 225-0892
Chuck Jenny Port Arthur CSR Coordinator
983-8365 or 540-6370
Fax CSR hours to Robin Coleman 409-989-3623
D
RICH WITH OPPORTUNITY
1117CA, �
T • E • X • A • S City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
1.toD
PREPARED BY: Tom Warner, Director of Public Works
MEETING DATE: November 24, 2009
REQUESTED ACTION: Council consider a resolution authorizing the acquisition
of property.
RECOMMENDATION
The Administration recommends authorizing City Council approve a resolution for the
acquisition of property for the Concord Road Pavement Widening Project.
BACKGROUND
As part of the Concord Road Pavement Widening Project, approximately sixty-seven (67)
parcels of land from East Lucas to Highway 105 are being acquired. The owner of the
property listed below, has agreed to convey her property to the City:
Parcel #27 0.0392 acre out of City Plat D-22, Tract 4,
Frederic Bigner Survey (5415 Concord Road)
Value: $2,991.00
Owners: Frances Clouche Bowman
BUDGETARY IMPACT
Funds are available in the Capital Program.
engbowman-ib.wpd
13 November 2009
RESOLUTION NO.
WHEREAS, an agreement has been negotiated for the acquisition of property
described below and in Exhibit "A," attached hereto, for the Concord Road Pavement
Widening Project:
Parcel #27 0.0392 acre out of City Plat D-22, Tract 4,
Frederic Bigner Survey (5415 Concord Road)
Value: $2,991.00
Owners: Frances Clouche Bowman
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the purchase of the above described property be, and the same is, hereby
approved.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 24th day of
November, 2009.
- Mayor Becky Ames -
February 2009
Parcel 27
Page 1 of 4
EXHIBIT A
County: Jefferson
Highway: Concord Road
Project Limits: East Lucas to US 96, 69, 287
PROPERTY DESCRIPTION FOR PARCEL 27
Being a 0.0392 acre (1709 square feet) of land, situated in the F. Bigner Survey,
Abstract No. 1, said tract having been conveyed to Frances Clouche Bowman, an
unmarried person, and Delia Clouche, an unmarried person from The Heirs at law of
Wilburn Walter Ballard, by deed dated October 24, 2000, and being recorded under
Clerk's File 2000040352 of the Real Property records of Jefferson County, Texas, said
0.0392 acre of land being more particularly described as follows;
COMMENCING at an 1/2" iron pipe with cap found for the most Westerly Southwest
corner of the said Bowman et al tract and being in the East line of a 2.933 acre tract
of land having been conveyed to Jonathan W. Finch and wife, Barbette Elaine Finch
from Exeen Thiele Morgan by deed dated October 27, 1986, and being recorded
under Film Code No. 101-61-0250 of the Real Property records of Jefferson County,
Texas;
THENCE, NORTH 25°02'49" EAST along the boundary line between the said
Bowman et al tract and the said Finch tract for a distance of 330.82 feet to a 5/8"
iron rod with cap stamped "City of Beaumont ROW Monument" set for corner in the
proposed West right-of-way line of Concord Road, said point being the POINT OF
BEGINNING of the parcel herein described;
1 ) THENCE, NORTH 25°02'49" EAST, along the boundary line between the said
Bowman et al tract and the said Finch tract for a distance of 9.20 feet to point for
corner in the existing Southwest right-of-way of Concord Road, said corner also
being the beginning of a curve turning to the right having a radius of 2834.79 feet
and being subtended by a chord bearing SOUTH 54°4952" EAST having a chord
length of 26.61 feet;
2) THENCE SOUTHEASTERLY, along and with said curve, for an arc length of 26.61
feet to a point for corner, said corner being in the existing Southwest right-of-way of
Concord Road;
3) THENCE, SOUTH 54°33'44" EAST, along the existing Southwest right-of-way of
Concord Road for a distance of 161.29 feet to a point for, said corner being the most
Easterly corner of the said Bowman et al tract and in the Northwesterly right-of-way
of Singleton Road;
EXHIBIT "A"
February 2009
Parcel 27
Page 2 of 4
EXHIBIT /A
4) THENCE, SOUTH 16°34'33" WEST along the Northwest right-of-way of Singleton
Road a distance of 9.67 feet to a 5/8" iron rod with cap stamped "City of Beaumont
ROW Monument" set for corner, said corner being in the proposed Southwest line of
Concord Road;
5) THENCE, NORTH 54°30'26" WEST, along the proposed Southwest right-of-way of
Concord Road for a distance of 158.41 feet to a 5/8" iron rod with cap stamped "City
of Beaumont ROW Monument" set for corner, said corner also being the beginning
of a curve turning to the left having a radius of 2360.00 feet and being subtended by
a chord bearing NORTH 54 053'00" WEST having a chord length of 90.96 feet;
6) THENCE NORTHWESTERLY, along and with said curve, for an arc length of 30.96
feet to the POINT OF BEGINNING and containing 0.0392 acre (1709 square feet) of
land.
A parcel plat of even date accompanies this property description.
I, Mark W. Whiteley, Registered Professional Land Surveyor No. 3636, in the State of
Texas, do hereby certify that the above field notes correctly reflect an actual survey
made under my supervision and the limits, boundaries and corners are truly shown just
as found at the time of the survey,
Surveyed February 2009
GIVEN UNDER MY HAND AND SEAL THE DAY OF FEBRUARY 2009.
O F T�
Mark W. Whiteley, RPLS #3636w�� -�'`�
LEGEND
■ SET 5/8" 1. R, WITH CAP STAMPED " CITY OF BEAUMONT ROW MONUMENT"
0 TXDOT CONTROL MONUMENT
O PARCEL NUMBER 27 CONCORD ROAD
e FND PROPERTY CORNER AS NOTED
POWER POLE
PROPOSED ROW LINE P.D.B.
PARCEL 27
EXISTING ROW LINE
PROPERTY LINE CALLED 1.11 ACRES
FRANCES CLOUCHE BOWMAN
SURVEY LINE & DELIA CLOUCHE
OCTOBER 24, 2000
COUNTY LINE CALLED 2.933 ACRES CF. NO. 2000040352
JONATHAN W. FINCH & OPRJC
WIFE, BARBETTE ELAINE FINCH
OCTOBER 27, 1986
FC. NO. 101-61-0250
OPRJC
P.O.0 PARCEL 27
FND. 1X2" 1. PIPE
PARENT TRACT
N.T.S.
NOTES:
EXISTING AND REMAINING AREAS SHOWN ARE APPROXIMATE. ALL BEARINGS SHOWN ARE BASED ON THE TEXAS STATE
PLANE COORDINATE SYSTEM, SOUTH CENTRAL ZONE, NORTH AMERICAN DATUM OF 1983 (NAD 83), 1993 ADJUSTMENT.
ALL DISTANCES AND COORDINATES SHOWN ARE SURFACE AND MAY BE CONVERTED TO GRID BY DIVIDING BY A
COMBINED ADJUSTMENT FACTOR OF .
BEARINGS AND DISTANCES SHOWN ENCLOSED IN PARENTHESES ARE CALLED BEARINGS AND DISTANCES
IN THE DESCRIPTION OF THE PARENT TRACT.
SURVEYED FEBRUARY 2009
A PROPERTY DESCRIPTION OF EVEN DATE
ACCOMPANIES THIS PARCEL PLAT.
cQ 9F° 7 ,
%v,�,* 36 TAKING
EXISTING REMAINING
ACRES ACRES/(S.F.) ACRES
Qu PARCEL 27, 1, 0708
0. 0392/( 1709)
MARK W. WHITELEY
AND ASSOCIATES
INCORPORATED PARCEL PLAT
CONSULTING ENGINEERS, SHOWING
SURVEYORS, AND PLANNERS
PARCEL n 2'7
CONCORD ROAD JEFFERSON COUNTY
P. 0. BOX 5492 3250 EASTEX FRWY.
BEAUMONT, TEXAS 77726-5492 BEAUMONT, TEXAS 77703
409-B92-0421 (FAX) 409-892-1346 SCALE 1 = 50' FEBRUARY 2009
SHEET 3 OF 4
0
\ 170+00- �\ N54°30'26"W 1552199'
CTI
CON D ROAD o PROPOSED BASELINE
Cl-� �__-S54°33'44"E 151 .29'___
EXISTING RIGHT OF WAY
C2 N54°30'26"W 158.41 '
L17 +99.06 — PROPOSED RIGHT OF WAY
171+30.42 169+40.65 �1
40-OOLT 27 40,OOLT 40.00LT 1p
LINE BEARING DISTANCE
P.O.B. PAR. 27 L1 N25'02'49"E 9.20'
CL CURVE DATA 27
PI STA,=170+99,06 I 0 L2 S16'34'33V 9.67'
A=05°53'33"
82400.0000' �g Z
T123,5202'
L246.8227'
CH246.7139'
D02°23'14" -�,
_N No o CALLED 1 .1 1 ACRES o
FRANCES CLOUCHE BOWMAN o
o d° & DELTA CLOUCHE
OCTOBER 24, 2000
CF. NO. 2000040352
z o OPRJC
=w000 N O
vUZo-) I O ink
N
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rn L `j ' 176.30')
N L (N57°2142 W 176.30
w=Mo0° N60-55'4' V1
<2: u v
v CURVE RADIUS ARC LENGTH CHORD LENGTH CHORD BEARING DELTA ANGLE
U D N
C1 1 2834.79' 1 26.61' 26.61' S54'49'52"E 00'32'16"
V�'-6'- C2 I 2360.00 1 30.96' 30.96' N54'53'00"W 00'45'06"
L
P.O.C. PAR. 27 PARCEL PLAT
FND PIPE o-_ PARCEL 2'7
I. PIPE a'�
' 45.57 CONCORD ROAD JEFFERSON COUNTY
N63°06 ,17 ,W 45.57 )
(N59°32 07 SCALE 1 " = 50' FEBRUARY 2009
SHEET 4 OF 4
E
RICH WITH OPPORTUNITY
I'Em .
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 rrL
MEETING DATE: November 24, 2009
REQUESTED ACTION: Council consider a resolution accepting maintenance of the
street, storm sewer, water and sanitary sewer improvements
in Emersen Enclave Subdivision.
RECOMMENDATION
The administration recommends approval of the following:
• Yasmine Dior Street approximately 1085 feet south of existing Washington Blvd
to Gaurseni Street.
• Gaurseni Street approximately 407 feet west of proposed Yasmine Dior Street to
Ethan Symone Street.
• Ethan Symone Street approximately 1035 feet north of proposed Gaurseni Street
to proposed Yasmine Dior Street.
Also, recommended for approval are the storm sewer, water and sanitary sewer improvements
for Emersen Enclave Subdivision.
BACKGROUND
The aforementioned improvements in the subdivision passed final inspection from all entities
involved on September 8, 2009.
BUDGETARYIMPACT
None.
SITE
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n y
WASHINGTON BOULEVARD
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WAVERLY
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LOCATION MAP
N.T.S,
EMERSON ENCLAVE
SUBDIVISION
RESOLUTION NO.
WHEREAS, construction of the street, storm sewer, water and sanitary sewer
improvements constructed in Emersen Enclave Subdivision have been completed as
follows:
Street
• Yasmine Dior Street approximately 1085 feet south of existing
Washington Boulevard to Gaurseni Street.
• Gaurseni Street approximately 407 feet west of proposed Yasmine
Dior Street to Ethan Symone Street.
• Ethan Symone Street approximately 1035 feet north of proposed
Gaurseni Street to proposed Yasmine Dior Street.
Storm Sewer, Water and Sanitary Sewer Improvements
• Emersen Enclave Subdivision.
WHEREAS, the developers of said street desire to have these improvements
accepted and maintained by the City; and,
WHEREAS, the director of the Public Works and Engineering Department has
determined that said improvements meet city standards and qualify for acceptance for
permanent maintenance, and the City Council is of the opinion that said improvements
should be accepted and maintained by the City of Beaumont;
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the above-referenced street, storm sewer, water and sanitary sewer improvements
in Emersen Enclave Subdivision, with the exception of streetlights, are hereby accepted
by the City of Beaumont and shall be continuously maintained by the City contingent upon
filing of the final plat, complete with filings of dedication of all rights-of-way and easements
required on the preliminary and final plats and installation of the streetlights.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 24th day of
November, 2009.
- Mayor Becky Ames -
RICH WITH OPPORTUNITY
[I r . �
T - E - X - A • S
REGULAR MEETING OF THE CITY COUNCIL
COUNCIL CHAMBERS NOVEMBER 24, 2009 1:30 P.M.
AGENDA
CALL TO ORDER
* Invocation Pledge Roll Call
* Presentations and Recognition
* Public Comment: Persons may speak on scheduled agenda items 5-7/Consent
Agenda
* Consent Agenda
GENERAL BUSINESS
1. Consider a request for a zone change from RS (Residential Single Family
Dwelling) District to GC-MD (General Commercial-Multiple Family Dwelling)
District at the southwest corner of Delaware and Grand
2. Consider a request for a zone change from RM-M (Residential Multiple Family
Dwelling-Medium Density) District and GC-MD (General Commercial-Multiple
Family Dwelling) District to RS (Residential Single Family Dwelling) District at
1470-1490, 1510-1630 Dylan Dr., 5105-5110 Canyon Circle, 5105-5110
Ridgeline Circle and 5105-5110 Elk Run Circle
3. Consider a request for a zone change from RS (Residential Single Family
Dwelling) District to RM-M (Residential Multiple Family Dwelling-Medium
Density) District and a specific use permit to allow a church and boarding house
in an RM-M District at 3895 Kenneth
4. Consider a request for a specific use permit to allow a restaurant in an RCR-H
(Residential Conservation and Revitalization-H) District at 2693 North Street
5. Consider a request for an abandonment of a 188'portion of Forsythe Street and a
121' portion of a 20' wide alley in Block 25, Cartwright Terrace Addition
6. Consider authorizing the Mayor to execute a Limited Waiver Agreement allowing
the City of Nederland to annex a portion of the lands constituting the Southeast
Texas Regional Airport
7. Consider approving the purchase of an expanded radio communications system
from Motorola through the Houston-Galveston Area Council (HGAC)
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:
Eric Kvarme, et al v. City of Beaumont, et al
Tina Lewallen v. the City of Beaumont
Beaumont Metropolitan YMCA
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
November 24,2009
Consider a request for a zone change from RS (Residential Single Family Dwelling) District to
GC-MD (General Commercial-Multiple Family Dwelling) District at the southwest corner of
Delaware and Grand
RICH WITH OPPORTUNITY
r ► �
T • E • X • A • s City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
L5\1
PREPARED BY: Chris Boone, Community Development Director
MEETING DATE: November 24, 2009
REQUESTED ACTION: Cor-icil consider a request for a zone change from RS
(Residential Single Family Dwelling)District to GC-MD
(General Commercial-Multiple Family Dwelling) Distric±
at the southwest corner of Delaware and Grand.
RECOMMENDATION
The Administration recommends approval of the zone change.
BACKGROUND
Harmony Missionary Baptist Church has requested the zone change.
The church is preparing to build a 3,500 sq. ft. church building at 3040 Magnolia. The zoning of
the property that the church owns is currently split with GC-MD zoning running along Magnolia
at a depth of 156 feet. The subject half-acre will be used for parking (see site plan). The
majority of the church building and parking will be located on that portion of the property facing
Magnolia.
When the building plans for the church are reviewed for a building permit, sidewalks will be
required along Magnolia and Delaware.
At a Joint Public Hearing held November 16, 2009, the Planning Commission recommended 7:0
to approve the zone change from RS (Residential Single Family Dwelling) District to GC-MD
(General Commercial-Multiple Family Dwelling) District at the southwest comer of D'.laware
and Grand.
BUDGETARYIMPACT
None.
I
i
ORDINANCE NO.
ENTITLED AN ORDINANCE AMENDING CHAPTER 30 OF
THE CODE OF ORDINANCES OF BEAUMONT,TEXAS,AND
IN PARTICULAR THE BOUNDARIES OF THE ZONING
DISTRICTS, AS INDICATED UPON THE ZONING MAP OF
BEAUMONT, TEXAS, BY CHANGING THE ZONING OF
PROPERTY PRESENTLY ZONED RS (RESIDENTIAL
SINGLE FAMILY DWELLING) DISTRICT TO GC-MD
(GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING)
DISTRICT FOR PROPERTY LOCATED AT THE
SOUTHWEST CORNER OF DELAWARE AND GRAND,
BEAUMONT, JEFFERSON COUNTY, TEXAS; PROVIDING
FOR SEVERABILITY; PROVIDING FOR REPEAL AND
PROVIDING A PENALTY.
BE IT ORDAINED BY THE CITY OF BEAUMONT:
Section 1.
That Chapter 30 of the Code of Ordinances of Beaumont, Texas, and in particular
the boundaries of the zoning districts, as indicated upon the Zoning Map of the City of
Beaumont, referred to in Section 30-513 thereof, is hereby amended by changing the
zoning of property presently zoned RS (Residential Single Family Dwelling) District to GC-
MD (General Commercial - Multiple Family Dwelling) District for property located at the
southwest corner of Delaware and Grand, as described in Exhibit"A"and shown on Exhibit
"B," and the official zoning map of the City of Beaumont is hereby amended to reflect such
changes.
Section 2.
That, in all other respects, the use of the property herein above described shall be
subject to all of the applicable regulations of the underlying zoning district as well as those
regulations contained in Chapter 30 of the Code of Ordinances of Beaumont, Texas, as
amended.
Section 3.
That if any section, subsection, sentence, clause of phrase of this ordinance, or the
application of same to a particular set of persons or circumstances, should for any reason
be held to be invalid, such invalidity shall not affect the remaining portions of this
ordinance, and to such end, the various portions and provisions of this ordinance are
declared to be severable.
Section 4.
That all ordinances or parts of ordinances in conflict herewith are repealed to the
extent of the conflict only.
Section 5.
That any person who violates any provision of this ordinance shall, upon conviction,
be punished, as provided in Section 1-8 of the Code of Ordinances of Beaumont, Texas.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 24th day of
November, 2009.
- Mayor Becky Ames -
LEGAL DESCRIPTION FOR ORDINANCE PURPOSES
BEING a 0.4912 acre tract or parcel of land situated in the James Drake Survey, Abstract
No. 18, Jefferson County, Texas and being out of and part of Block 132 of the Beaumont
hnprovement Company Subdivision and also being all of those certain two tracts of land
as described in a "Warranty Deed with Vendor's Lien" from Ophelia Dumesnil to Paul
A.
Brown and wife, Emma E. Brown as recorded in Volume 2211, Page 157, Deed Records,
Jefferson County, Texas, save and except that certain called 0.163 acre tract of land as
described in a "General Warranty Deed with Vendor's Lien in Favor of Third Party" from
Paul A. Brown and wife, Emma E. Brown to Henry James Lopez and spouse, Linda Joyce
Lopez as recorded in Film Code No. 100-73-2188, Official Public Records of Real
Property, Jefferson County, Texas, and furthennore being all of that certain tract of land
as described in a"Warranty Deed with Vendor's Lien" from Paul A. Brown and Emma E.
Brown to Church of The Living God as recorded in Clerk's File No. 98-9816888, Official
Public Records of Real Property, Jefferson County, Texas and also being out of and part
of that certain called 1.3813 acre tract of land as described in a"General Warranty Deed"
from Church of the Living God to The Harmony Missionary Baptist Church as recorded
in Clerk's File No. 2009010108, Official Public Records of Real Property, Jefferson
County, Texas, said 0.4912 acre tract being more particularly described as follows:
NOTE: All bearings are based on the Northwesterly line of that certain called 0.163 acre
tract of land as described in Clerk's File No. 95-9504618, Official Public Records of Real
Property, Jefferson County, Texas as SOUTH 67°28'00" WEST. All set 5/8" iron rods set
with a cap stamped "M. W. Whiteley & Associates".
BEGINNING at a 5/8" iron rod found for the most Easterly corner of the tract herein
described, said comer also being the most Northerly corner of that certain called 0.163
acre tract of land as described in a"Warranty Deed" from Western United Life Assurance
Company to Frank James and Marie Melder Thomas as recorded in Clerk's File No. 95-
9504618, Official Public Records of Real Property, Jefferson County, Texas, and said
corner being in the Southwesterly right-of-way line of Grand Avenue (based on a width
of 60 feet);
THENCE SOUTH 67 028'00" WEST, for the boundary between the tract herein described
and the said 0.163 acre Frank James, et al. tract, for a distance of 120.31 feet to a 5/8"
iron rod found for corner, said corner being the most Westerly corner of the said 0.163
acre Frank James, et al. tract;
THENCE SOUTH 22°30'28" EAST, over and across the said 1.3813 acre Harmony
Missionary Baptist Church tract of land, for a distance of 189.84 feet to a point for corner,
said corner being in the Southeasterly right-of-way line of Delaware Street (based on a
width of 40 feet);
EXHIBIT "A"
LEGAL DESCRIPTION continued
THENCE NORTH 673 7'04" EAST, along and with the Southeasterly right-of-way line
of Delaware Street, for a distance of 105.27 feet to a 5/8" iron rod set for corner, said
corner being the intersection of the Southeasterly right-of-way line of Delaware Street and
the Southwesterly right-of-way line of Grand Avenue;
THENCE SOUTH 27 002'42" EAST, along with the Southwesterly right-of-way line of
Grand Avenue, for a distance of 190.15 feet to the POINT OF BEGINNING and
containing 0.4912 ACRES, more or less.
ile 2008-Z: Request for a zone change from RS (Residential Single Family Dwelling)
District to GC-MD (General Commercial-Multiple Family Dwelling) District or more
restrictive district.
Location: Southwest corner of Delaware and Grand
Applicant: Harmony Missionary Baptist Church 0 50 100 200 Feet
I i I I
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EXHIBIT "B"
2
November 24, 2009
Consider a request for a zone change from RM-M (Residential Multiple Family Dwelling-
Medium Density) District and GC-MD (General Commercial-Multiple Family Dwelling) District
to RS (Residential Single Family Dwelling) District at 1470-1490, 1510-1630 Dylan Dr., 5105-
5110 Canyon Circle, 5105-5110 Ridgeline Circle and 5105-5110 Elk Run Circle
RICH WITH OPPORTUNITY
[11'CmA,
T - E - X - A • S City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Chris Boone, Community Development Director
MEETING DATE: November 24, 2009
RE< UESTED ACTION: Council consider a reo lest for a zone change from RM-M
(Residential Multiple Family Dwelling-Medium Density)
District and GC-MD(General Commercial-Multiple
Family Dwelling)District to RS (Residential Single Family
Dwelling)District at 1470-1490, 1510-1630 Dylan Dr.,
5105-5110 Canyon Circle, 5105-5110 Ridgeline Circle and
5105-5110 Elk Run Circle.
RECOMMENDATION
The Administration recommends approval of the zone change from RM-M District and GC-MD
District to RS District at 1470-1490, 1510-1630 Dylan Dr., 5105-5110 Canyon Circle, 5105-
5110 Ridgeline Circle and 5105-5110 Elk Run Circle.
BACKGROUND
City Planning staff has requested the zone change.
In February, 2008,the final plat for Wolf Creek Subdivision, Section 1 was filed. Recently, it
was determined that a portion of the single family subdivision was located on property zoned
GC-MD.
As a result, staff talked with the developer of the property and both agreed that the most
appropriate action was to initiate a zone change of the entire subdivision from RM-M
(Residential Multiple Family- Medium Density)District and GC-MD (General Commercial-
Multiple Family Dwelling)District to RS (Residential Single Family Dwelling)District. The
GC-MD zoning district does not allow single family homes. This rezoning would allow single
family homes to be built within the entire subdivision.
At a Joint Public Hearing held November 16,2009, the Planning Commission recommended 7:0
to approve the zone change from RM-M (Residential Multiple Family Dwelling-Medium
Density) District and GC-MD (General Commercial-Multiple Family Dwelling)District to RS
(Residential Single Family Dwelling)District at 1470-1490, 1510-1630 Dylan Dr., 5105-5110
Canyon Circle, 5105-5110 Ridgeline Circle and 5105-5110 Elk Run Circle.
BUDGETARYIMPACT
None.
ORDINANCE NO.
ENTITLED AN ORDINANCE AMENDING CHAPTER 30 OF
THE CODE OF ORDINANCES OF BEAUMONT,TEXAS,AND
IN PARTICULAR THE BOUNDARIES OF THE ZONING
DISTRICTS, AS INDICATED UPON THE ZONING MAP OF
BEAUMONT, TEXAS, BY CHANGING THE ZONING OF
PROPERTY PRESENTLY ZONED RM-M (RESIDENTIAL
MULTIPLE FAMILY DWELLING - MEDIUM DENSITY)
DISTRICT AND GC-MD (GENERAL COMMERCIAL -
MULTIPLE FAMILY DWELLING) DISTRICT TO RS
(RESIDENTIAL SINGLE FAMILY DWELLING)DISTRICT FOR
PROPERTY LOCATED AT 1470-1490 AND 1510-1630
DYLAN DRIVE, 5105-5110 CANYON CIRCLE, 5105-5110
RIDGELINE CIRCLE, AND 5105-5110 ELK RUN CIRCLE,
BEAUMONT, JEFFERSON COUNTY, TEXAS; PROVIDING
FOR SEVERABILITY; PROVIDING FOR REPEAL AND
PROVIDING A PENALTY.
BE IT ORDAINED BY THE CITY OF BEAUMONT:
Section 1.
That Chapter 30 of the Code of Ordinances of Beaumont, Texas, and in particular
the boundaries of the zoning districts, as indicated upon the Zoning Map of the City of
Beaumont, referred to in Section 30-513 thereof, is hereby amended by changing the
zoning of property presently zoned RM-M (Residential Multiple Family Dwelling - Medium
Density) District and GC-MD(General Commercial-Multiple Family Dwelling)District to RS
(Residential Single Family Dwelling) District for property located at 1470-1490 and 1510-
1630 Dylan Drive, 5105-5110 Canyon Circle, 5105-5110 Ridgeline Circle and 5105-5110
Elk Run Circle, being Lots 1-9, Block 1, Lots 1-27, Block 2 and Lots 1-3, Block 3, Wolf
Creek Subdivision, Section One, City of Beaumont, Jefferson County, Texas, containing
8.46 acres, more or less, as shown on Exhibit "A," and the official zoning map of the City
of Beaumont is hereby amended to reflect such changes.
Section 2.
That, in all other respects, the use of the property herein above described shall be
subject to all of the applicable regulations of the underlying zoning district as well as those
regulations contained in Chapter 30 of the Code of Ordinances of Beaumont, Texas, as
amended.
Section 3.
That if any section, subsection, sentence, clause of phrase of this ordinance, or the
application of same to a particular set of persons or circumstances, should for any reason
be held to be invalid, such invalidity shall not affect the remaining portions of this
ordinance, and to such end, the various portions and provisions of this ordinance are
declared to be severable.
Section 4.
That all ordinances or parts of ordinances in conflict herewith are repealed to the
extent of the conflict only.
Section 5.
That any person who violates any provision of this ordinance shall, upon conviction,
be punished, as provided in Section 1-8 of the Code of Ordinances of Beaumont, Texas.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 24th day of
November, 2009.
- Mayor Becky Ames -
File 2005-Z: Request for a zone change from RM-M (Residential Multiple Family Dwelling-
edium Density) District and GC-MD (General Commercial-Multiple Family DmUing) District t
RS (Residential Single Family Dwelling)District or more restrictive district.
ocation: 1479-1490, 1510-1630 Dylan Dr., 5105-5110 Canyon Circle,5105-5110 Ridgeline Circle,
105-5110 EIk Run Circle
pplicant: City of Beaumont Planning Staff o 50 100 200 300 aoo Feet
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Legend
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EXHIBIT "A"
I
3
November 24,2009
Consider a request for a zone change from RS (Residential Single Family Dwelling) District to
RM-M (Residential Multiple Family Dwelling-Medium Density) District and a specific use
permit to allow a church and boarding house in an RM-M District at 3895 Kenneth
RICH WITH OPPORTUNITY
[1EA,U11011T
T • E • x • A • S City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
a�
PREPARED BY: Chris Boone, Community Development Director
MEETING DATE: November 24, 2009
REQUESTED ACTION: Council consider a request for a zone change fro%-i RS
(Residential Single Familv Dwelling)District to KM-M
(Residential Multiple Family Dwelling-MediuTn Density)
District and a specific use permit to allow a church and
boarding house in an RM-M District at 3895 Kenneth.
RECOMMENDATION
The Administration recommends denial of the zone change from RS District to RM-M District
and a specific use permit to allow a church and boarding house in an RM-M(District) at 3895
Kenneth.
BACKGROUND
Pastor Terrell Chatman of God's Way Spiritual Maintenance has requested the zone change and
specific use permit.
Pastor Chatman states that God's Way Spiritual Maintenance is a church that has several small
ministries. These ministries include providing food, clothing and shelter to men who seek
spiritual guidance. The church also assists needy families with food and assists the elderly and
disabled with lawn services, small home repairs and painting.
The proposed location of the church and boarding house is the site of a former City of Beaumont
fire station. At this location, Pastor Chatman plans to operate his church and provide boarding
for homeless men.
In 2007,the previous property owner had applied for a zone change to RM-M and a specific use
permit to allow a residential care facility for juveniles. That request was denied by City Council.
At that time, neighbors had concerns over the residential care facility and staff expressed a
concern over spot zoning. Circumstances have not changed significantly to warrant a positive
vote on the current application.
This rezoning could be considered spot zoning. Spot zoning connotes an unacceptable zone change
that singles out a single tract for treatment that differs from that accorded similar surrounding land
without proof of changes and conditions. The following issues should be considered when
determining whether a spot zoning situation exists:
• The law demands that the approved zoning plan should be respected and not altered
for the special benefit of the landowner when the change will cause substantial
detriment
to the surrounding land or serve no substantial public purpose. Would the zone
change be in compliance with the adopted comprehensive plan?
RESPONSE: All of the surrounding property is zoned RS. The South Park
Neighborhood Plan designates the subject property and the surrounding area as
single family residential. The proposed zone change would be for the special
benefit of the landowner. The zone change would not be in compliance with the
South Park Neighborhood Plan.
• Will this change adversely impact the surrounding properties? Lots that are
rezoned ..i a way that is substantially inconsistent with the zoning of the
surrounding area, whether more or less re:,trictive, are likely to be invalid.
RESPONSE: Rezoning the subject property to RM-M would allow apartments to
be built in an area that is developed almost entirely with single family residential
dwellings. Rezoning the subject property would be inconsistent with the zoning
of the surrounding area.
• Is the tract of land suitable or unsuitable for use as presently zoned? The size,
shape and location of a tract of land or lot may render it unusable or even
confiscatory as zoned.
RESPONSE: The property itself is suitable for single family residential. On the
property is a former City of Beaumont fire station. The property has been owned
by a number of individuals since the City sold the property. The building could be
used for single family purposes.
• Does the proposed zone change bear a substantial relationship to the public health,
safety, morals or general welfare or protect and preserve historical and cultural
places and areas`?
RESPONSE: The proposed zone change does not bear a substantial relationship to
the public health, morals or general welfare. The structure was built 1938.
However, the building can be preserved without the need of a zone change. A
zone change that would allow an increase in density could be detrimental to the
general welfare of a single family residential neighborhood.
At a Joint Public Hearing held November 16, 2009, the Planning Commission recommended 5:2
to deny a zone change from RS (Residential Single Family Dwelling) District to RM-M
(Residential Multiple Family Dwelling-Medium Density) District and a specific use permit to
allow a church and boarding house in an RM-M District at 3895 Kenneth.
BUDGETARYIMPACT
None.
ORDINANCE NO.
ENTITLED AN ORDINANCE AMENDING CHAPTER 30 OF
THE CODE OF ORDINANCES OF BEAUMONT,TEXAS,AND
IN PARTICULAR THE BOUNDARIES OF THE ZONING
DISTRICTS, AS INDICATED UPON THE ZONING MAP OF
BEAUMONT, TEXAS, BY CHANGING THE ZONING OF
PROPERTY PRESENTLY ZONED RS (RESIDENTIAL
SINGLE FAMILY DWELLING) DISTRICT TO RM-M
(RESIDENTIAL MULTIPLE FAMILY DWELLING - MEDIUM
DENSITY) DISTRICT FOR PROPERTY LOCATED AT 3895
KENNETH, BEAUMONT, JEFFERSON COUNTY, TEXAS;
PROVIDING FOR SEVERABILITY; PROVIDING FOR
REPEAL AND PROVIDING A PENALTY.
BE IT ORDAINED BY THE CITY OF BEAUMONT:
Section 1.
That Chapter 30 of the Code of Ordinances of Beaumont, Texas, and in particular
the boundaries of the zoning districts, as indicated upon the Zoning Map of the City of
Beaumont, referred to in Section 30-513 thereof, is hereby amended by changing the
zoning of property presently zoned RS (Residential Single Family Dwelling) District to RM-
M (Residential Multiple Family Dwelling - Medium Density) District for property located at
3895 Kenneth, being Lots 1-2, Block 52, Jeff Chaison Addition, City of Beaumont,
Jefferson County, Texas, containing 0.35 acres, more or less, as shown on Exhibit"A,"and
the official zoning map of the City of Beaumont is hereby amended to reflect such changes.
Section 2.
That, in all other respects, the use of the property herein above described shall be
subject to all of the applicable regulations of the underlying zoning district as well as those
regulations contained in Chapter 30 of the Code of Ordinances of Beaumont, Texas, as
amended.
Section 3.
That if any section, subsection, sentence, clause of phrase of this ordinance, or the
application of same to a particular set of persons or circumstances, should for any reason
be held to be invalid, such invalidity shall not affect the remaining portions of this
ordinance, and to such end, the various portions and provisions of this ordinance are
declared to be severable.
Section 4.
That all ordinances or parts of ordinances in conflict herewith are repealed to the
extent of the conflict only.
Section 5.
That any person who violates any provision of this ordinance shall, upon conviction,
be punished, as provided in Section 1-8 of the Code of Ordinances of Beaumont, Texas.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 24th day of
November, 2009.
- Mayor Becky Ames -
ORDINANCE NO.
ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE
PERMIT TO ALLOW A CHURCH AND BOARDINGHOUSE IN
AN RM-M (RESIDENTIAL MULTIPLE FAMILY DWELLING -
MEDIUM DENSITY) DISTRICT LOCATED AT 3895
KENNETH IN THE CITY OF BEAUMONT, JEFFERSON
COUNTY, TEXAS.
WHEREAS, the City Council for the City of Beaumont desires to issue a specific use
permit to God's Way Spiritual Maintenance to allow a church and boarding house in an
RM-M (Residential Multiple Family Dwelling - Medium Density) District located at 3895
Kenneth, being Lots 1-2, Block 52, Jeff Chaison Addition, City of Beaumont, Jefferson
County, Texas, containing 0.35 acres, more or less, as shown on Exhibit "A" attached
hereto; and,
WHEREAS, the City Council is of the opinion that the issuance of such specific use
permit is in the best interest of the City of Beaumont and its citizens;
NOW, THEREFORE, BE IT ORDAINED BY THE
CITY OF BEAUMONT:
Section 1 .
That a specific use permit to allow a church and boarding house in an RM-M (Residential
Multiple Family Dwelling- Medium Density) District located at 3895 Kenneth, being Lots 1-
2, Block 52, Jeff Chaison Addition, City of Beaumont, Jefferson County, Texas, containing
0.35 acres, more or less, is hereby granted to God's Way Spiritual Maintenance, its legal
representatives, successors and assigns, as shown on Exhibit "A" attached hereto and
made a part hereof for all purposes.
Section 2.
That the specific use permit herein granted is expressly issued for and in
accordance with each particular and detail of the site plan attached hereto as Exhibit "B"
and made a part hereof for all purposes.
Section 3.
Notwithstanding the site plan attached hereto, the use of the property herein above
described shall be in all other respects subject to all of the applicable regulations contained
in Chapter 30 of the Code of Ordinances of Beaumont, Texas, as amended, as well as
comply with any and all federal, state and local statutes, regulations or ordinances which
may apply.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 24th day of
November, 2009.
- Mayor Becky Ames -
File 2 06-Z/P: Request for a zone change from RS (Residential Single Family Dwelling)
District to RM M (Residential Multiple Family Dwelling-Medium Density) District or more
restrictive district and a specific use permit to allow a church and a boarding house in an
M (Residential Multiple Family Dwelling-Medium Density) District.
Location: 3895 Kenneth
pplicant: Terrell Chatman 0 50 100 200 Feet
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4
November 24, 2009
Consider a request for a specific use permit to allow a restaurant in an RCR-H (Residential
Conservation and Revitalization-H) District at 2693 North Street
RICH WITH OPPORTUNITY
[IEA,11i�1011T
T - E • X - A . s City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
L )13
PREPARED BY: Chris Boone, Community Development Director
MEETING DATE: November 24, 2009
'�V,QUESTED ACTION: Council consider a ,•equest for a specific use permit to
allow a restaurant in an RCR-H(Residential Conservation
and Revitalization-H) District at 2693 North Street.
RECOMMENDATION
The Administration recommends denial of the specific use permit.
BACKGROUND
Jack in the Box Eastern Division,L.P. has applied for the specific use permit.
Gene Lacouture,representing Jack in the Box,states that it is the company's intention to build a
2,462 sq. ft.restaurant with associated parking. The restaurant will accommodate both sit down,
carry out and drive thru dining. A 25'high, 64 sq.ft. freestanding owner identification pylon sign
will be constructed on 11'Street.
The property is currently occupied by a one story medical building and related parking. The entire
property consists of the West 40' of Lot 11 and Lots 12-15. Lots 13-15 are zoned GC-MD.
At a Joint Public Hearing held November 16, 2009,the Planning Commission recommended 7.0
to deny the specific use permit subject.
BUDGETARYIMPACT
None.
ORDINANCE NO.
ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE
PERMIT TO ALLOW A RESTAURANT IN AN RCR-H
(RESIDENTIAL CONSERVATION AND REVITALIZATION-H)
DISTRICT LOCATED AT 2693 NORTH STREET IN THE CITY
OF BEAUMONT, JEFFERSON COUNTY, TEXAS.
WHEREAS,the City Council for the City of Beaumont desires to issue a specific use
permit to Jack in the Box Eastern Division, L.P., to allow a restaurant in an RCR-H
(Residential Conservation and Revitalization-H) District located at 2693 North Street, being
Lot 12 and the West 40' of Lot 11, Block 52, Averill Addition, City of Beaumont, Jefferson
County, Texas, containing 0.14 acres, more or less, as shown on Exhibit "A" attached
hereto; and,
WHEREAS, the City Council is of the opinion that the issuance of such specific use
permit is in the best interest of the City of Beaumont and its citizens;
NOW, THEREFORE, BE IT ORDAINED BY THE
CITY OF BEAUMONT:
Section 1.
That a specific use permit to allow a restaurant in an RCR-H (Residential Conservation and
Revitalization-H) District located at 2693 North Street, being Lot 12 and the West 40' of Lot
11, Block 52, Averill Addition, City of Beaumont, Jefferson County, Texas, containing 0.14
acres, more or less, is hereby granted to Jack in the Box Eastern Division, L.P., its legal
representatives, successors and assigns, as shown on Exhibit "A" attached hereto and
made a part hereof for all purposes.
I
Section 2.
That the specific use permit herein granted is expressly issued for and in
accordance with each particular and detail of the site plan attached hereto as Exhibit "B"
and made a part hereof for all purposes.
Section 3.
Notwithstanding the site plan attached hereto, the use of the property herein above
described shall be in all other respects subject to all of the applicable regulations contained
in Chapter 30 of the Code of Ordinances of Beaumont, Texas, as amended, as well as
comply with any and all federal, state and local statutes, regulations or ordinances which
may apply.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 24th day of
November, 2009.
- Mayor Becky Ames -
File 2009-P: Request for a specific use permit to allow a restaurant in an RCR-H
(Residential Conservation and Revitalization-H) District.
Location: 2693 North
Applicant: Jack in the Box Eastern Division, L.P.
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November 24, 2009
Consider a request for an abandonment of a 188' portion of Forsythe Street and a 121' portion of
a 20' wide alley in Block 25, Cartwright Terrace Addition
RICH WITH OPPORTUNITY
11L A►[I 1�1 C1 I (
T • E • X • A • S City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
C-J�
PREPARED BY: Chris Boone, Community Development Director
MEETING DATE: November 24, 2009
REQUES-I ED ACTION: Council consider an abandor. nent of a 188'portion of
Forsythe Street and a 12 P portion of a 20'wide alley in
Block 25, Cartwright Terrace Addition.
RECOMMENDATION
The Administration recommends approval of the abandonment subject to the following
conditions:
• Retain 15' general utility easements along the east and west ends of the abandoned
rights-of-way.
• The existing 6 inch sanitary sewer main in the 20' alley will become a private
sanitary sewer main within that section of the abandonment.
BACKGROUND
William Anderson has requested to abandon a 118'portion of Forsythe Street and a 121'portion
of a 20' wide alley in Block 25, Cartwright Terrace Addition.
Mr. Anderson owns the property on both sides of the subject rights-of-way and states that he
would like to construct a fence around his properties.
This item was sent to all interested parties. Entergy has an over head primary electrical line
running along both sides of Mr. Anderson's property. Entergy does not object to the
abandonments as long as easements are retained. Water Utilities also states that the sanitary
sewer main in the abandoned portion of the alley will oecome private.
At a Public Hearing held November 16, 2009, the Planning Commission recommended approval
6:0 of an abandonment of a 188'portion of Forsythe Street and a 121' portion of a 20'wide alley
in Block 25, Cartwright Terrace Addition subject to the following conditions:
• Retain 15' general utility easements along the east and west ends of the abandoned
rights-of-way.
• The existing 6 inch sanitary sewer main in the 20' alley will become a private
sanitary sewer main within that section of the abandonment.
BUDGETARYIMPACT
None.
ORDINANCE NO.
ENTITLED AN ORDINANCE VACATING AND ABANDONING A 188'
PORTION OF FORSYTHE STREET AND A 121' PORTION OF A 20' WIDE
ALLEY IN BLOCK 25, CARTWRIGHT TERRACE ADDITION, BEAUMONT,
JEFFERSON COUNTY, TEXAS; AND RETAINING A GENERAL UTILITY
EASEMENT.
BE IT ORDAINED BY THE CITY OF BEAUMONT:
THAT a 188' portion of Forsythe Street and a 121' portion of a 20' wide alley in Block 25,
Cartwright Terrace Addition, City of Beaumont, Jefferson County, Texas, as described in
Exhibit"A"and shown on Exhibit"B"attached hereto, be and the same are hereby vacated
and abandoned and that title to such property shall revert to and become the property of
the persons entitled thereto, as provided by law, subject to the following conditions:
• That a 15' general utility easements along the east and west ends of the
abandoned rights-of-way is retained by the City of Beaumont.
• The existing 6 inch sanitary sewer main in the 20' alley will become a
private sanitary sewer main within that section of the abandonment.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 24th day of
November, 2009.
- Mayor Becky Ames -
LEGAL DESCRIPTION FOR ORDINANCE PURPOSES
Forsythe Street - Being a 11 S' portion of Forsythe Street beginning at the east right-of-
way line of a 20' wide alley located in Blocks 25 and 32, Cartwright Terrace Addition and
extending in an easterly direction for a distance of approximately 11S' to the west
property line of the S & ET Railroad, City of Beaumont, Jefferson County, Texas,
containing 0.16 acres, more or less.
Alley- Being a 121'portion of an alley beginning at the east right-of-way line of a 20'
wide alley located in Blocks 25 and 32, Cartwright Terrace Addition and extending in an
easterly direction for a distance of approximately 121' to the west property line of the S &
ET Railroad, City of Beaumont, Jefferson County, Texas, containing 0.05 acres, more or
less.
EXHIBIT "A"
ile 751-0B: Consider a request for the abandonment of a 188' portion of Forsythe Street
and a 121' portion of a 20' wide alley in Block 25, Cartwright Terrace Addition.
Applicant: Wm G. Anderson
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November 24, 2009
Consider authorizing the Mayor to execute a Limited Waiver Agreement allowing the City of
Nederland to annex a portion of the lands constituting the Southeast Texas Regional Airport
RICH WITH OPPORTUNITY
11LM . �
T • E • X • A • S City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Tyrone E. Cooper, City Attorney
MEETING DATE: November 24, 2009
REQUESTED ACTION: Consider a resolution authorizing the Mayor to execute a
Limited Waiver Agreement allowing the City of Nederland
to annex a portion of the lands constituting the Southeast
Texas Regional Airport.
RECOMMENDATION
Administration recommends approval of a resolution authorizing the Mayor to execute a Limited
Waiver Agreement allowing the City of Nederland to annex a portion of the lands constituting
the Southeast Texas Regional Airport.
BACKGROUND
On November 3, 2009, Jeff Branick, Assistant to Jefferson County Judge Walker, made a
presentation to the Council requesting the City execute a Limited Waiver Agreement allowing
the City of Nederland to exercise its power of annexation as to a portion of the Southeast Texas
Regional Airport property.
In 1960, the Cities of Beaumont, Nederland and Port Arthur executed a Joint Resolution whereby
they mutually agreed to relinquish any jurisdiction held over the Jefferson County Airport and
agreed that they would not, in the future, attempt to control or annex any part of the airport in an
effort to promote the airport project on behalf of the citizenship of Jefferson County as a whole.
The County has since been approached by the City of Nederland and their Economic
Development Corporation to relax the agreement to allow the development of the property
adjacent to Highway 69 through a limited annexation by the City of Nederland. In 1965, these
three cities entered into an Extra-Territorial Jurisdiction (ETJ) Apportionment Agreement
apportioning the overlapping area of the three (3)jurisdictions between Port Arthur, Nederland
and Beaumont. This limited waiver would require the 1965 agreement be amended to reflect the
waiver and annexation of the airport tract by the City of Nederland.
BUDGETARY IMPACT
None.
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RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF BEAUMONT:
THAT the Mayor be, and she is hereby, authorized to execute a Limited Waiver
Agreement, substantially in the form attached hereto as Exhibit "A," allowing the City of
Nederland to annex a portion of the lands constituting the Southeast Texas Regional
Airport.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 24th day of
November, 2009.
- Mayor Becky Ames -
LIMITED WAIVER AGREEMENT
WHEREAS, Jefferson County and the cities of Beaumont, Port Arthur and Nederland,
acting by and through their respective governing bodies,jointly sponsored a Resolution
effective September 9, 1960; and,
WHEREAS, such Resolution embodied an agreement by and between the signatories
covenanting that none of the parties would annex or seek control over any of the lands
then or thereafter constituting County Airport property; and,
WHEREAS, the parties now find it desirable to agree to a limited waiver of the terms
of the prior Resolution (a copy of which is attached hereto and labeled Exhibit "A") to
provide an opportunity for the City of Nederland to annex a portion of the lands
constituting the Southeast Texas Regional Airport (a description of said portion of
property being attached hereto and labeled Exhibit "B");
NOW, THEREFORE, KNOW ALL BY THESE PRESENTS, that the Resolution of
September, 1960, is hereby reaffirmed and remains in full force and effect, the parties
hereto agreeing , for and in consideration of the mutual covenants herein , that a limited
waiver is granted to the City of Nederland allowing it the right to exercise its power of
annexation over and against the portion of the Southeast Texas Regional Airport
identified by metes and bounds in the property description contained in Exhibit"B",
hereto. Nothing herein shall be construed to divest Jefferson County of its continued
ownership in and to said property or its right to develop said property for airport or other
purposes. The remainder of the agreement embodied in the Resolution of September,
1960 shall continue in full force and effect. This agreement represents the entire
agreement of the parties hereto and may not be contradicted by any parol statements
made prior to or contemporaneously with its execution.
This agreement shall become effective on the date executed by the final signatory to
this agreement.
For Jefferson County For the City of Port Arthur
By: By:
County Judge Mayor
Date: Date:
For the City of Beaumont For the City of Nederland
Bv: By:
Mayor Mayor
Date: Date:
EXHIBIT "A"
d 1 ARCENEAUX & GATES
ARCENEAUXi Consulting Engineers, Inc.
GATES Engineers • Surveyors • Planners
EXHIBIT "B"
METES AND BOUNDS DESCRIPTION
OF 116.82 ACRES OF LAND SITUATED IN THE
WILLIAM CARROLL LEAGUE, ABSTRACT NO. 13
AND THE T.&N.O.RR. SURVEY, SECTION 15,
ABSTRACT NO. 240,JEFFERSON COUNTY,TEXAS
Being a 116.82 acre tract or parcel of land, a portion of that certain 185.12 acre tract of land
as conveyed by deed dated July 22, 1941 from C. Doornbos to Jefferson County, recorded in
Volume 499, Page 136 and also being a portion of that certain 31.57 acre tract of land as
conveyed by deed dated July 21, 1941 from Mary E. Young, et al to said Jefferson County,
recorded in Volume 499, Page 138, all in the Deed Records, County Clerk's Office, Jefferson
County, Texas, as situated in and a part of the William Carroll League, Abstract No. 13 and
the T.&N.O.RR. Survey, Section No. 15, Abstract No. 240, Jefferson County, Texas and
being more particularly described by metes and bounds as follows;
BEGINNING at a point located at the intersection of the Westerly line of U.S. Highway No.
69, 96 and 287 (Right of Way width varies) with the Southeasterly line of Viterbo Road
(based on a width of 60 feet) marking the Northeast corner of the herein described tract of
land, this point also being located on the Northwesterly line of said 185.12 acre tract and the
City Limit line of the City of Nederland, Texas by Ordinance No. 1997-14, said beginning
point having a coordinate value of North 13,932,168.25 and East 3,545,132.31;
(1) THENCE North 87 deg. 15 ruin. 04 sec. East along the said Westerly Right of Way line a
distance of 98.80 feet to an angle point for corner;
(2) THENCE South 44 deg. 19 min. 43 sec. East continuing along said Westerly Right of Way
line a distance of 69.10 feet to a TxDOT concrete monument found marking an angle point
for corner;
(3) THENCE South 29 deg. 14 min. 49 sec. East continuing along said Westerly Right of Way
line a distance of 420.64 feet to a 4"x4" concrete monument found marking an angle point
for corner-,
(4) THENCE South 42 deg. 42 min. 50 sec. East continuing along said Westerly Right of Way
line a distance of 487.16 feet to a %" steel rod found located at the intersection of the said
Westerly Right of Way line with the Northwesterly line of Jerry Ware Drive (this portion
lying within TxDOT Right of Way) marking an angle point for corner;
Page 1 of 5
Z.',A&G\A&G SURVEWNGVIIETES&BOUNDS\2009UEF-130 EXHIBIT A.doc
One Turtle Creek Square 3501 Turtle Creek Drive, Suite 102 Port Arthur,Texas 77642 (409)724-7888 FAX(409)724-1447
EXHIBIT "B"
(5) THENCE South 01 deg. 37 min. 53 sec. West along the northwesterly line of Jerry Ware
Drive and said Westerly Right of Way line a distance of 116.66 feet to an angle point for
corner;
(6) THENCE South 43 deg. 00 min. 17 sec. East over and across said Jerry Ware Drive and said
TxDOT Right of Way a distance of 211.71 feet to a point located on the Southeasterly line of
said Jerry Ware Drive and Westerly line of said U.S. Highway No. 69, 96 and 287 marking
an angle point for corner;
(7) THENCE North 87 deg. 00 min. 54 sec. East along said Westerly Right of Way line a
distance of 103.76 feet to an angle point for corner;
(8) THENCE South 42 deg. 36 min. 36 sec. East continuing along said Westerly Right of Way
line a distance of 330.17 feet to a TxDOT concrete monument found (broken) marking an
angle point for corner;
(9) THENCE South 49 deg. 45 min. 34 sec. East continuing along said Westerly Right of Way
line a distance of 928.97 feet to an angle point for corner;
(10).. THENCE South 45 deg. 48 min. 03 sec. East continuing along said Westerly Right of Way
line a distance of 265.73 feet to an angle point for corner;
(11) THENCE South 46 deg. 19 min. 41 sec. East continuing along said Westerly Right of Way
line a distance of 204.57 feet to an angle point for corner;
(12) THENCE South 46 deg. 45 min. 18 sec. East continuing along said Westerly Right of Way
line a distance of 297.07 feet to an angle point for corner;
(13) THENCE South 47 deg. 22 min. 56 sec. East continuing along said Westerly Right of Vijay
line a distance of 295.55 feet to an angle point for corner;
(14) THENCE South 47 deg. 49 min. 35 sec. East continuing along said Westerly Right of Way
line a distance of 265.77 feet to an angle point for corner;
(15) THENCE South 49 deg. 06 min. 18 sec. East continuing along said Westerly Right of Way
line a distance of 265.46 feet to an angle point for corner;
(16) THENCE South 41 deg. 15 min. 31 sec. East continuing along said Westerly Right of Way
line a distance of 153.92 feet to a I/2" steel rod found located on the Southeasterly line of said
31.57 acre tract and a 150 feet wide Jefferson County Drainage District No. 7 Drainage
Page 2 of 5
ZAA&G\A&G SURVEYING\METES&BOUNDS\2009UEF-130 EXHIBIT A.doc
EXHIBIT "W5
Easement marking the Southeast corner of the herein described tract of land, this point also
marks the Northeast corner of the Airport Business Park Subdivision as recorded in Volume
15, Page 184 of the Map or Plat Records of said County, same point also being located on the
Northerly line of the City Limits for the City of Port Arthur, Texas;
(17) THENCE South 37 deg. 10 min. 37 see. West along the Southeasterly line of said 31.57 acre
tract, and 150 feet wide drainage easement with the Northerly line of said Airport Business
Park Subdivision and said City Limit for the City of Port Arthur a distance of 646.21 feet to a
point marking the Southwest corner of the herein described tract of land;
(18) THENCE North 61 deg. 25 min. 00 sec. West along the Westerly line of this tract and
Easterly line of an unnamed street (based on a width of 80 feet) located within the property
of Jefferson County (known as the Southeast Texas Regional Airport property) a distance of
983.52 feet to an angle point for corner and Point of Curvature of a curve to the left;
(19) THENCE continuing along said Easterly Right of Way line with said curve to the left having
a radius of 150.00 feet, a delta angle of 45 deg. 05 min. 07 sec., an are distance of 118.03
feet, a chord distance of 115.01 feet and a chord bearing of North 83 deg. 57 min. 33 sec.
West to an angle point for corner and Point of Tangency of said curve;
(20) THENCE South 73 deg. 29 min. 53 sec. West continuing along the Northeasterly Right of
Way line of said unnamed street a distance of 1115.63 feet to a point located at the
intersection of the Northeasterly Right of Way line of said unnamed street with the Easterly
line of Airport 3rd (third) Street (based on a width of 60 feet), this point marks an "Ell"
comer of the herein described tract of land;
(21) THENCE North 16 deg. 30 min. 07 sec. West along the said Easterly Right of Way line of
Airport 3`d Street a distance of 209.86 feet to an angle point for corner and Point of Curvature
of a non-tangent curve to the left;
(22) THENCE continuing along the Easterly Right of Way line of Airport 3`d Street with said
curve to the left having a radius of 300.00 feet, a delta angle of 89 deg. 55 min. 43 sec., an
arc distance of 470.87 feet, a chord distance of 424.00 feet and a chord bearing of North 61
deg. 28 min. 30 sec. West to an angle point for corner and Point of Tangency of said curve;
(23) THENCE South 73 deg. 33 min. 38 sec. West continuing along the Easterly Right of Way
line of Airport 3`d Street a distance of 133.87 feet to an angle point for corner and Point of
Curvature of a non-tangent curve to the right;
Page 3 of 5
Z:\A&G\A&G SURVEYINGIJ MTES&BOUNDS\2009UEF-130 EXFBBIT A.doc
EXHIBIT "B"
(24) THENCE continuing along said Easterly Right of Way line of Airport 3`d Street and said
curve to the right having a radius of 232.50 feet, a delta angle of 113 deg 48 min. 19 sec., an
arc distance of 461.81 feet, a chord distance of 389.55 feet and a chord bearing of North 49
deg. 32 min. 12 sec. West to an angle point for corner located at the intersection of the said
Easterly Right of Way line of Airport 3`d Street with the Southeasterly Right of Way line of
Jerry Ware Drive (based on a width of 100 feet), this portion of Jerry Ware Drive located
within the Southeast Texas Regional Airport and Jefferson County property;
(25) THENCE North 28 deg. 01 min. 45 sec. East along the said Southeasterly Right of Way line
of Jerry Ware Drive a distance of 1437.57 feet to a point marking the Southwest corner of
said TxDOT Right of Way for Jerry Ware Drive and U.S. Highway No. 69, 96 and 287, this
point also marks an "Ell" comer of the herein described tract of land;
(26) THENCE North 61 deg. 57 min. 06 sec. West along the West line of said TxDOT Right of
Way a distance of 100.00 feet to a point marking the Northwest comer of said TxDOT Right
of Way and an "Ell" corner of the herein described tract of land;
(27) THENCE North 39 deg. 00 min. 07 sec. East along the Northwesterly line of said TxDOT
Right of Way distance of 7.75 feet to a point located on the Easterly line of First Street
(based on a width of 60 feet) marking an "Ell" corner of the herein described tract of land; ..
(28) THENCE North 54 deg. 02 min. 34 sec. West along the Easterly Right of Way line of First
Street a distance of 235.31 feet to an angle point for corner and Point of Curvature of a curve
to the right;
(29) THENCE continuing along the Easterly Right of Way line of First Street with said curve to
the right having a radius of 290.00 feet, a delta angle of 27 deg. 24 min. 11 sec., an arc
distance of 138.70 feet, a chord distance of 13 7.3 8 feet and a chord bearing of North 40 deg.
20 min. 28 sec. West to an angle point for corner and Point of Tangency of said curve;
(30) THENCE North 26 deg. 38 min. 23 sec. West continuing along said Easterly Right of Way
line of First Street a distance of 174.25 feet to an angle point for corner and Point of
Curvature of a curve to the left.
(31) THENCE continuing along said Easterly Right of Way line of First Street with said curve to
the left having a radius of 350.00 feet, a delta angle of 26 deg. 11 min. 32 sec., an arc
distance of 160.00 feet; a chord distance of 158.61 feet and a chord bearing of North 39 deg.
44 min. 09 sec. West to an angle point for comer and Point of Tangency of said curve;
Page 4 of 5
ZAA&G\A&G SURVEYMNETES&BOUNDS\20091IEF-130 EXHIBIT A.doc
EXHIBIT "B"
(32) THENCE North 52 deg. 49 min. 55 sec. West continuing along the Easterly Right of Way
line of First Street a distance of 370.27 feet to a point located at the intersection of the said
Easterly Right of Way line of First Street with the said Southeasterly Right of Way line of
Viterbo Road and the City of Nederland City Limit line marking the Northwest corner of the
herein described tract of land;
(33) THENCE North 36 deg. 14 min. 07 sec. East along the said Southeasterly Right of Way line
of Viterbo Road with the City of Nederland City Limit line a distance of 656.21 feet to the
Northeast corner and POINT OF BEGINNING and containing in area 116.82 acres of land,
more or less.
Surveyed: October, 2009
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JOHN R. BOB
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Jo (Bob) Hodges R,.PDK #4583
Notes:
Coordinates, bearings and distances referenced to the Texas State Plane Coordinate System,
South Central Zone,NAD 8') Grid Scale Factor: 0.99992277
Acreage expressed in Surface Area.
An Exhibit of even date is being submitted with this metes and bounds description.
Page 5 of 5
Z:\A&GSA&G SURVEYINGVhgTES&B0UNDS\2009VEF-130 EXHIBIT A.d.c
VITERBO RD
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VOL. 15, PG. 184 116.82 AC. TRACT FOR PROPOSED ANNEXATION
} M.R.J.C.
a ® ARCENEAUX & GATES JEFFERSON COUNTY COMMISSIONER'S COURT of
ARCENEAUX Conrnitins En&Weere, Inc.
GATES ltnema r. Sw e7on rl.nnen JEFFERSON COUNTY, TEXAS L
6 9601 Turtle Creek Drtn,ewt. 102
Port lrthw,T. 77612
PM AnM W- (400)724-7669 DATE: OCTOBER 2009 SCALE: 1"=600' DRAWN: JDG
3 TEXAS REGISTERED ENGINEERING FIRM F-30 PROJ. No.: JEF-130 VERSION: AUTOCAD 2010 CHECKED: JRH
EXHIBIT "B"
LINE TABLE DATUM CURVE TABLE
NUMBER DIRECTION DISTANCE NUMBER ARC DELTA RADIUS CHORD CHORD BRG.
(1) N 87°15'04"E 98.80' (19) 118.03' 45°05'07" 150.00' 115.01' N 83°57'33"W
(2) S 44°19'43"E 69.10' (22) 470.87' 89°55'43" 300.00' 424.00' N 61°28'30"W
(3) S 29°14'49"E 420.64' (24) 461.81' 113°48'19" 232.50' 389.55' N 49°32'12"W
(4) S 42°42'50"E 487.16' (29) 138.70' 27°24'11" 290.00' 137.38' N 40°20'28"W
(5) S 01°37'53"W 116.66' (31) 160.00' 26°11'32" 1 350.00' 158.61' N 39°44'09"W
(6) S 43°00'17"E 211.71'
(7) N 87°00'54"E 103.76'
(8) S 42°36'36"E 330.17' POINT OF BEGINNING COORDINATE
(9) S 49°45'34"E 928.97' NORTHING 13,932,168.25
(10) S 45°48'03"E 265.73' EASTING 3,545,132.31
(11) S 46°19'41"E 204.57'
(12) S 46°45'18"E 297.07'
(13) S 47°22'56"E 295.55'
(14) S 47°49'35"E 265.77'
(15) S 49°06'18"E 265.46'
(16) S 41°15'31"E 153.92'
(17) S 37'10'37"W 646.21'
(18) N 61°25'00"W 983.52'
(19) SEE CURVE TABLE
(2?) S 73°29'53"W 1115.63'
(21) N 16°30'07"W 209.86'
(22) SEE CURVE TABLE
(23) S 73°33'38"W 1.33.87'
(24) .. SEE CURVE TABLE
(25) N 28°01'45"E 1437.57'
(26) N 61°57'06"W 100.00'
(27) N 39°00'07"E 7.75'
(28) N 54°02'34"W 235.31'
(29) SEE CURVE TABLE
(30) N 26°38'23"W 1 174.25'
g (31) SEE CURVE TABLE
9
(32) N 52°49'55"W 370.27'
(33) N 36°14'07"E 656.21'
EXHIBIT SHOWING PAGE
116.82 AC. TRACT FOR PROPOSED ANNEXATION
2
ARCENEAUX & GATES JEFFERSON COUNTY COMMISSIONER'S COURT OF
Ft Conrnitlnt En�lneen" Inc. n_��° -��°� P'�°�° JEFFERSON COUNTY, TEXAS L c 3501 Tura. Cr-k Dane,SWte 102
C36a G DG E M K Port drthw,Te 77542
pw ARDM Tm (409)7u-78ee DATE: OCTOBER 2009 SCALE: N.T.S. DRAWN: JDG
3 TEXAS REGISTERED ENGINEERING FIRM F-30 PROJ. No.: JEF-130 VERSION: AUTOCAD 2010 CHECKED: JRH
7
November 24, 2009
Consider approving the purchase of an expanded radio communications system from Motorola
through the Houston-Galveston Area Council (HGAC)
RICH wirH oYPoH"rUNITY
r
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: November 24, 2009
REQUESTED ACTION: Council consider approving the purchase of an expansion of
the Microwave Point to Point Network.
RECOMMENDATION
The administration recommends approval of the purchase from Motorola of Houston in the
amount of$98,939.
BACKGROUND
Pricing for this purchase is obtained through the Houston-Galveston Area Council (H-GAC)
Cooperative Purchasing Program. H-GAC is a cooperative purchasing association providing
cities and political subdivisions with the means to purchase specialized equipment at volume
pricing. H-GAC complies with the State of Texas procurement statutes.
In 2008, Council approved the purchase of a Microwave Point to Point Network. The Network
constantly monitors the quality of T1 circuits in the City's radio communications system and, if
the circuits degrade below a specific level, switches traffic to the Network. The Network also
provides long-term communications in the event of a large scale outage due to an event such as a
hurricane.
The radio system is scheduled to expand from eleven (11) channels to twenty-one (2 1) channels in
order to extend coverage to mid and south county. This expansion will increase interoperability in
the interest of public safety. A corresponding expansion of the Microwave Network is needed to
provide sufficient capacity to handle the system.
BUDGETARY IMPACT
Funding is available from the Department of Homeland Security 2007 Port Security Grant in the
amount of$74,204 and from the Capital Reserve Fund in the amount of$24,735.
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 approve the purchase of an
expansion of the Microwave Point to Point Network from Motorola of Houston, Texas, in
the amount of$98,939 through the Houston-Galveston Area Council(H-GAC)Cooperative
Purchasing Program.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 24th day of
November, 2009.
- Mayor Becky Ames -