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HomeMy WebLinkAboutPACKET JAN 18 2011 RICH WITH OPPORTUNITY I T * E * % * A * S REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS JANUARY 18, 2011 1:30 P.M. CONSENT AGENDA * Approval of minutes -January 11, 2011 * Confirmation of committee appointments Gene Bush would be appointed to the Police Department Community Advisory Committee. The term would commence January 18,2011 and expire January 17,2013. (Councilmember Alan B. Coleman) A) Authorize the purchase of fiber-optic materials for the City's Traffic Management System B) Authorize the acquisition of properties for the Concord Road Project C) Authorize the acquisition of property(5575 Concord) for the Concord Road Project D) Authorize the City Manager to approve a change order related to the Fannin Street Drainage Improvement Project E) Authorize the acceptance of a ten foot wide Exclusive Sanitary Sewer Easement F) Authorize the execution of a License to Encroach Agreement with Colburn McClelland G) Authorize the settlement of the lawsuit styled Robert F. Ramsey, Sr. v. City of Beaumont RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the following appointment be made: Beginning Expiration Appointment Commission of Term of Tenn Gene Bush Police Dept. Community Advisory 01/18/11 01/17/13 Committee PASSED BY THE CITY COUNCIL of the City of Beaumont this the 18th day of January, 2011. - Mayor Becky Ames - RICH WITH OPPORTUNITY BEAUMON* T • Z - X • A • s City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Laura Clark, Chief Financial Offi� MEETING DATE: January 18, 2011 REQUESTED ACTION: Council consider authorizing the purchase of fiber-optic materials. RECOMMENDATION The Administration recommends the purchase of fiber-optic materials from Graybar Electric, of Houston, in the amount of$77,079.41. BACKGROUND The City of Beaumont was awarded a grant to replace outdated traffic signal equipment, install traffic signal communications and implement an Advanced Traffic Management System. The fiber-optic cable, which is an essential component of this project was purchased in October 2010. The materials in this bid are necessary to tie the new fiber-optic cable into the system. Bids were requested of three(3)authorized vendors of this material, three(3)vendors responded. Graybar Electric, of Houston was the low bidder. BUDGETARY IMPACT Funds are available through the Transportation Energy Efficiency Traffic Signal Synchronization or Stimulus Replacement Grant. The total project is$2,566,853 with grant award amounting to $2,061,968. The remainder of$494,875 is the City's match which has already been satisfied through an in-kind match of existing equipment and a cash match on prior purchases. CITY OF BEAUMONT,BEAUMIONT,TEXAS BEAUMON PURCHASING DIVISION 810 TABULATION t • a • z • s • a Bid Name Purchase of Film Optic Material for Traffic Signals Bw Number: BF111142 Bid Opening: Thursday,January 06,2011 Contact Person: Robert(Bob)Holl r,Buyer II rholiar9bc1.beaumont.1x.us Phone: 409MO-3750 ALT MATERIALS endor Axbdsr,Inc Gnpbwftd AMERICAN WORDATA AMERICAN WORDATA !y/State Houston #try PEORIA AZ PEORIA AZ Phone or Fax No. (281)894.3024 (800)358-8884 (800)35841864 ITEM DESCRIPTION Unit Price �d � Urrit Price Extended Link Price wed 1 70 12 PORT CONNECTOR HSG SC SM CCH.CP123c $ 73.18 $ 5,122.80 $ 80.53 $ 5,837.10 $ 27.09 $ 1,938.30 2 141 DUPL.X FIBER JMPR SC SM,3 FT 7272026131003f $ 31.44 $ 4,433.04 $ 33.33 $ 4,889.53 $ 8.34 $ 1,175.94 3 89 SNOL PANL WALL MTG HSG 8PFW1 P-0IN $ 72.74 $ 5,0i9.06 $ 78.55 $ 5,419.95 $ 78.55 $ 5,419.95 4 136 DUPLX FIBER JMPR SC SM,1 FT NO BID $ $ 33.33 $ 4,589.54 $ 7.89 $ 1,061.22 5 139 M25 L MODD1E025 P $ 481.48 $ 88,925.72 $4"1#�" E 506.29 $70,235.31 $505.29 i 70,235.31 otal d 81,500.42 1. , No Bid:Accutech 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 fiber- optic materials from Graybar Electric, of Houston, Texas, in the amount of $77,079.41 necessary for the installation of the Traffic Signal System. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 18th day of January, 2011. - Mayor Becky Ames - B RICH WITH OPPORTUNITY BEA,IIMON* T - E • X • A - S City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Patrick Donart,Public Works Director PO MEETING DATE: January 18,2011 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,have agreed to convey their property to the City: Parcel#56A 0.0066 acre out of the Thomas Spear Survey, Abstract No. 50 Value: $1,001.00 Parcel#56B 0.0924 acre out of the Thomas Spear Survey, Abstract No. 50 Value: $35,000.00 Owners: Harvey Night BUDGETARY IMPACT Funds are available in the Capital Program. RESOLUTION NO. WHEREAS, an agreement has been negotiated for the acquisition of property described below and in Exhibit "A" and shown on Exhibits "B" and "C" & described in Exhibit "D" and shown on Exhibits "E" and "F" attached hereto, for the Concord Road Pavement Widening Project: Parcel #56A: 0.0066 acre out of the Thomas Spear Survey Abstract No. 50 Value: $1,001.00 Owner: Harvey Night Parcel #5613: 0.0924 acre out of the Thomas Spear Survey Abstract No. 50 Value: $35,000.00 Owner: Harvey Night NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, 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 18th day of January, 2011. - Mayor Becky Ames - i AGREEMENT PROJECT: Concord Road Pavement Widening Project Parcel 56A THE STATE OF TEXAS X COUNTY OF JEFFERSON X This agreement between Harvey Night of the County of Jefferson, State of Texas, hereinafter called GRANTOR, and the City of Beaumont, Texas, acting by and through its duly authorized Agent, hereinafter called GRANTEE, witnesseth: GRANTEE and the GRANTOR above recited have reached an agreement wherein the GRANTORS are to convey to the GRANTEE the property described fully in a Special Warranty Deed to be executed by GRANTORS, to which reference is hereby made for complete description, said property being briefly described as follows: 0.0066 acre tract out of the Thomas Spear Survey, Abstract No. 50, Beaumont, Jefferson County, Texas. The consideration and conditions of agreement are fully listed and stated. GRANTEE will pay GRANTORS as follows: ONE THOUSAND ONE AND NO/100 DOLLARS, ($1,001.00) All liens and taxes (either current or delinquent)will be deducted. It is further agreed that the terms of agreement herein stated are in consideration of the delivery to the GRANTEE of a valid conveyance of all rights, title and interest described in the Special Warranty Deed from GRANTORS to the CITY OF BEAUMONT. THIS AGREEMENT IS SUBJECT, HOWEVER, TO THE APPROVAL OF THE BEAUMONT CITY COUNCIL. ALL TERMS AND CONDITIONS OF AGREEMENT ARE FULLY STATED HEREIN AND NO VERBAL AGREEMENTS ARE AUTHORIZED. EXECUTED this I day of / ,20 . CIT EA U ra o Harvey Mght gineering S ervisor C:\RealPropertyLetters\Concord\Agreement56A.doc EXHIBIT "A" March 2009 Parcel 56A Page 1 of 5 EXHIBIT_ County: Jefferson Highway: Concord Road Project Limits: East Lucas to US 96, 69, 287 PROPERTY DESCRIPTION FOR PARCEL 56A Being a 0.0066acre (286 square feet) of land, situated in the Thomas Spear Survey, Abstract No. 50, out of and part of that certain called 27,284 square feet tract of land having been conveyed to Harvey Night from Robert S. Sawyer by deed dated January 14, 1981, and being recorded under Volume 2287 Page 401, Deed Records of Jefferson County, Texas, said 0.0066 (286 square feet) acre of land being more particularly described as follows; COMMENCING at a 1 1/2" iron pipe found for the most Easterly comer of that certain called 5.446 acre tract of land having been conveyed to David Clifton Walker, Mark Douglas Walker, and Roger Scott Walker from Madeline Linn Walker by deed dated December 8, 1995 and being recorded under Clerk's File No. 9536057 of the Real Property records of Jefferson County, Texas, SAVE AND EXCEPT that certain called 24,743 square-foot portion thereof heretofore conveyed by Lonnie C. Walker to June Badon by deed dated April 28, 1982, recorded in Volume 2382, Page 55 of the Deed Records of Jefferson County, Texas, the same being that certain called 24,743 square foot tract of land having been conveyed to June Marie Badon, as Trustee of the June Marie Badon Revocable Living Trust from June Marie Badon by deed dated July 28, 1997 and being recorded under Clerk's File No. 9722295 of the Real Property Records of Jefferson County, Texas, said corner being in the Southwesterly line of that certain called 2.110 acre tract having been conveyed to Scott Walker, an undivided 44.445% interest, unto Mark Douglas Walker, an undivided 44.445% interest, unto Mark Walker, an undivided 11.111% interest, unto D. Cliff Walker, an undivided 11.111% interest and unto Dennis Swearingen, an undivided 33.333% interest from John Dollinger, Jr., Inc., by deed dated May 30, 1997, and being recorded under Clerk's File 9716059 of the Real Property records of Jefferson County, Texas, said corner also being in the centerline of the abandoned T&NO RR right-of-way, said corner also being in the South line of the said Thomas Spear Survey and the North line of the F. Bigner Survey, Abstract No. 1; March 2009 Parcel 56A Page 2of5 EXHIBIT_ THENCE, NORTH 43°44'12" WEST along the Northerly line of the said Walker tract being described in Clerk's File No. 9536057 and Badon tract and along the Southerly line of the said 2.110 acre Walker et al tract, that certain called 0.792 acre tract of land having been conveyed to Roger Scott Walker, Mark Douglas Walker, D. Clif Walker and Dennis Swearingen from Mary Alice Bailey Fritscher by deed dated August 13, 1997 and being recorded under Clerk's File No. 9724822 of the Real Property records of Jefferson County, Texas, that certain called 0.454 acre tract of land having been conveyed to Roger Scott Walker, an undivided 44.445% interest, unto Mark Douglas Walker, an undivided 11.111% interest, unto D. Clif Walker, an undivided 11.111% interest and unto Dennis Swearingen, an undivided 33.333% interest from Max Alperin by deed dated March 5, 1998, and being recorded under Clerk's File 9807330 of the Real Property records of Jefferson County, Texas, and the said Night tract recorded under Volume 2287 page 401 and that certain called 0.31 acre tract of land having been conveyed to Harvey Night and wife, Betty J. Night from Robert S. Sawyer, by deed dated January 13, 1981 and being recorded under Clerk's Volume 2289 Page 59, Deed records of Jefferson County, Texas, also along the centerline of the said abandoned T&NO RR for a distance of 800.19 feet to a 5/8" iron rod with cap stamped "City of Beaumont ROW Monument" set for corner in the proposed Easterly right-of-way line of Concord Road; THENCE, NORTH 31-56'02" EAST, along the proposed East right-of-way line of Concord Road for a distance of 37.59 feet to a 5/8" iron rod with cap stamped "City of Beaumont ROW Monument" set for corner in the proposed Easterly right-of-way line of Concord Road, said corner also being the beginning of a curve turning to the right having a radius of 155.04 feet and being subtended by a chord bearing NORTH 64°17'57" EAST having a chord length of 166.46 feet; THENCE, NORTHEASTERLY, along said curve for an arc length of 175.71 feet to a 5/8" iron rod with cap stamped "City of Beaumont ROW Monument" set for corner in the proposed right-of-way line of Concord Road, said corner being the most Northeasterly corner of the said 0.31 acre Night et ux tract, said corner also being the most Northwesterly corner of the said Night tract recorded under Volume 2287 page 401, and the POINT OF BEGINNING of the parcel herein described; 1) THENCE, NORTH 39 050'03" EAST, along the said Southeasterly line of the said 0.31 Night et ux tract and the Northwesterly line of the said Night tract recorded under Volume 2287 page 401 for a distance of 7.67 feet to a point for corner in the existing right-of-way line of Concord Road, said corner also being the beginning of a curve turning to the right having a radius of 170.00 feet and being subtended by a chord bearing SOUTH 60 042'06" EAST having a chord length of 94.24 feet; March 2009 Parcel 56A Page 3 of 5 EXHIBIT_ 2) THENCE, SOUTHEASTERLY, along said curve for an arc length of 95.49 feet to a 5/8" iron rod with cap stamped "City of Beaumont ROW Monument" set for corner in the proposed right-of-way line of Concord Road, said corner also being the beginning of a curve turning to the left having a radius of 155.04 feet and being subtended by a chord bearing NORTH 65°12'30" WEST having a chord length of 95.94 feet; 3) THENCE, NORTHWESTERLY along said curve and the proposed right-of-way line of Concord Road for an arc length of 97.54 feet to the POINT OF BEGINNING and containing 0.0066 acre (286 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 January 2009 GIVEN UNDER MY HAND AND SEAL THIS THE WIAY OF March 2009. 0.F.•�F`� ...P1.W.WHITELEY` .. i 3636 Mark W. Whiteley, RPLS #3636 �tiG::ess:°,�.•��� S U"A LEGEND ■ SET 5/8' I. R. WITH CAP STAMPED 'M. W, WH I TELEY & ASSOCIATES' 0 TXDOT CONTROL MONUMENT CALLED 0.454 ACRES xx ROGER SCOTT WALKER PARCEL NUMBER O MARK DOUGLAS WALKER o FND PROPERTY CORNER AS NOTED D. CLIF WALKER CALLED 27,284 SO. FT. DENNIS SWEARINGEN POWER POLE CALLED 0.31 ACRES HARVEY NIGHT MARCH 5, 1998 HARVEY NIGHT ET UX JANUARY 14 1981 CF. NO. 9807330 PROPOSED ROW LINE JANUARY 13 1981 VOL. 2287 PG. 401 OPRJC VOL. 2289 ft. 59 EXISTING ROW LINE DRJC CALLED 0.792 ACRES ROGER SCOTT WALKER PROPERTY LINE �pP� 56 MARK DOUGLAS WALKER SURVEY LINE cpNCpRp 56A DENN SLIS EARINGEN AUGUST 13, 1997 COUNTY LINE EX� PARCEL 56A CF. N0. 9724822 OPRJC CALLED 2.110 ACRES 57 SCOTT WALKER MARK WALKER \ \ D. CLIFF WALKER CALLED 24,743 SO.FT \ DENNIS SWEARINGEN JUNE MARIE BADON MAY 30, 1997 JULY 28, 1997 55 CF. NO. 9716059 CF. NO. 9722295 PRD OPRJC OPRJC CONCOROpS�.O \ \ ���� O o � CALLED 5.446 ACRES S S&E 24,743 SQ. FT. m DAVID CLIFTON WALKER .T� NOTES. MARK DOUGLAS WALKER OijOa ROGER SCOTT WALKER C P EXISTING AND REMAINING AREAS SHOWN ARE APPROXIMATE. DECEMBER 8, 1995 \ ALL BEARINGS SHOWN ARE BASED ON THE TEXAS STATE F. NO. 9536057 P.O.0 PARCEL 56A \ OPRJC FND. 1 1/2" L PIPE Pl ANF l OORDINATE SYSTEM, SOUTH CENTRAL ZONE, NORTH AMERICAN DATUM OF 1983 (NAO 83), 1993 ADJUSTMENT. ALL PC DISTANCES AND COORDINATES SHOWN ARE SURFACE AND MAY PARENT TRACT BE CONVERTED TO GRID BY DIVIDING BY A COMBINED ADJUSTMENT FACTOR OF 1.00003. N.T.S. BEARINGS AND DISTANCES SHOWN ENCLOSED IN PARENTHESES ARE CALLED BEARINGS AND DISTANCES IN THE DESCRIPTION OF THE PARENT TRACT. SURVEYED JANUARY 2009 A PROPERTY DESCRIPTION OF EVEN DATE ACCOMPANIES THIS PARCEL PLAT. OF A? c i TAKING EXISTING REMAINING s ACRES ACRES (S.F.) ACRES SU PARCEL 56A, ARK W. WH[TELEY S r3-V� ,a 9 0. 6264 0.0066/(286) 0. 6198 M �` AND ASSOCIATES INCORPORATED PARCEL PLAT CONSULTING ENGINEERS, SHOWING SURVEYORS, AND PLANNERS PARCEL 5 6 A CONCORD ROAD JEFFERSON COUNTY P. 0. BOX 5492 3250 EASTEX FRWY. BEAUMONT, TEXAS 77726-5492 BEAUMONT, TEXAS 77703 409-892-0421 (FAX) 409-892-1346 SCALE 1 " = 50 MARCH 2009 SHEET 4 OF 5 EXHIBIT "B" P.O.B. PAR. 56A C2 C3 w J C.7 6 Q o n 212+45.79 o 358,02RT 211+23,27 0 C4 M 351.60RT 5 CALLED 0.31 ACRES AS SPC wO LINE BEARING DISTANCE w w 3 HARVEY NIGHT ET UX �Y��i'�s 4 L1 N31°56'02"E 37.59' w r- (D o JANUARY 13 1981 �' L2 N39'50'03'E 7.67' 0° in o VOL. 2289 k 59 O DRJC CALLED 27 284 SQ. FT. o t o in OQ JANUARYY14,IG1981 z cCOn z VOL. 2287 PG. 401 CALLED 0.454 ACRES = O DRJC ROGER SCOTT WALKER \ MARK DOUGLAS WALKER w O 566 D. CLIF WALKER J 20 O J DENNIS SWEARINGEN o O \ MARCH 5, 1998 o co N rn V CF. NO. 9807330 O o 0 OPRJC I CALLED 0.792 ACRES = ROGER SCOTT WALKER Al MARK DOUGLAS WALKER Z �O Q� O CALLED 24,743 SQ.FT \ D. CLIF WALKER J n �— JUNE MARIE BADON DENNIS SWEARINGEN r- Li r- JULY 28 1997 g6gN43°�4, AUGUST 13, 1997 Q 'All -_OPRJC O CF. N 295 Rq��RO�NFD 12 � CF. NO. 9724822 8 019. X000 apU) ° in a CALLED 5.446 ACRES Lu DAVID CLIFTON WALKER P.O.C. PAR. 56A CL CURVE DATA a MARK DOUGLAS WALKER FND 1 1/2" PI STA.=215+14.19 ROGER SCOTT WALKER A=33'16'00" DECEMBER 8 1995 \ I. PIPE R 1200.0000' CF. NO. 9536057 T358.4954' OPRJC PARCEL PLAT L696.7347' SHOWING Ch686.9893' D04.46'29" PARCEL 56A 214+00 CONCORD ROAD JEFFERSON COUNTY 'T' PROPOSED BASELINE SCALE 1 " = 50' MARCH 2009 SHEET 5 OF 5 EXHIBIT °C AGREEMENT PROJECT: Concord Road Pavement Widening Project Parcel 56B THE STATE OF TEXAS X COUNTY OF JEFFERSON X This agreement between Harvey Night of the County of Jefferson, State of Texas, hereinafter called GRANTOR, and the City of Beaumont, Texas, acting by and through its duly authorized Agent,hereinafter called GRANTEE, witnesseth: GRANTEE and the GRANTOR above recited have reached an agreement wherein the GRANTORS are to convey to the GRANTEE the property described fully in a Special Warranty Deed to be executed by GRANTORS, to which reference is hereby made for complete description, said property being briefly described as follows: 0.0924 acre tract out of the Thomas Spear Survey, Abstract No. 50, Beaumont, Jefferson County, Texas. The consideration and conditions of agreement are fully listed and stated. GRANTEE will pay GRANTORS as follows: THIRTY FIVE THOUSAND AND NO/100 DOLLARS, ($35,000.00) All liens and taxes (either current or delinquent)will be deducted. It is further agreed that the terms of agreement herein stated are in consideration of the delivery to the GRANTEE of a valid conveyance of all rights, title and interest described in the Special Warranty Deed from GRANTORS to the CITY OF BEAUMONT. THIS AGREEMENT IS SUBJECT, HOWEVER, TO THE APPROVAL OF THE BEAUMONT CITY COUNCIL. ALL TERMS AND CONDITIONS OF AGREEMENT ARE FULLY STATED HEREIN AND NO VERBAL AGREEMENTS ARE AUTHORIZED. EXECUTED this day of / ,20 . CIT F AU NT IA h Crai och Harvey Night E meenng S ervisor C:\RealPropertyLetters\Concord\Agreement56B.doc EXHIBIT "D" March 2009 Parcel 56B Page 1 of 5 EXHIBIT County: Jefferson Highway: Concord Road Project Limits: East Lucas to US 96, 69, 287 PROPERTY DESCRIPTION FOR PARCEL 56B Being a 0.0924 acre (4,024 square feet) of land, situated in the Thomas Spear Survey, Abstract No. 50, out of and part of that certain called 0.31 acre tract of land having been conveyed to Harvey Night and wife, Betty J. Night from Robert S. Sawyer, by deed dated January 13, 1981 and being recorded under Clerk's Volume 2289 Page 59, Deed records of Jefferson County, Texas, said 0.0924 (4,024 square feet) acre of land being more particularly described as follows; COMMENCING at a 1 1/2" iron pipe found for the most Easterly corner of that certain called 5.446 acre tract of land having been conveyed to David Clifton Walker, Mark Douglas Walker, and Roger Scott Walker from Madeline Linn Walker by deed dated December 8, 1995 and being recorded under Clerk's File No. 9536057 of the Real Property records of Jefferson County, Texas, SAVE AND EXCEPT that certain called 24,743 square-foot portion thereof heretofore conveyed by Lonnie C. Walker to June Badon by deed dated April 28, 1982, recorded in Volume 2382, Page 55 of the Deed Records of Jefferson County, Texas, the same being that certain called 24,743 square foot tract of land having been conveyed to June Marie Badon, as Trustee of the June Marie Badon Revocable Living Trust from June Marie Badon by deed dated July 28, 1997 and being recorded under Clerk's File No. 9722295 of the Real Property Records of Jefferson County, Texas, said corner being in the Southwesterly line of that certain called 2.110 acre tract having been conveyed to Scott Walker, an undivided 44.445% interest, unto Mark Douglas Walker, an undivided 44.445% interest, unto Mark Walker, an undivided 11.111% interest, unto D. Cliff Walker, an undivided 11.111% interest and unto Dennis Swearingen, an undivided 33.333% interest from John Dollinger, Jr., Inc., by deed dated May 30, 1997, and being recorded under Clerk's File 9716059 of the Real Property records of Jefferson County, Texas, said corner also being in the centerline of the abandoned T&NO RR right-of-way, said corner also being in the South line of the said Thomas Spear Survey and the North line of the F. Bigner Survey, Abstract No. 1; March 2009 Parcel 56B Page 2 of 5 EXHIBIT THENCE, NORTH 43°44'12" WEST along the Northerly line of the said Walker tract being described in Clerk's File No. 9536057 and Badon tract and along the Southerly line of the said 2.110 acre Walker et al tract, that certain called 0.792 acre tract of land having been conveyed to Roger Scott Walker, Mark Douglas Walker, D. Clif Walker and Dennis Swearingen from Mary Alice Bailey Fritscher by deed dated August 13, 1997 and being recorded under Clerk's File No. 9724822 of the Real Property records of Jefferson County, Texas, that certain called 0.454 acre tract of land having been conveyed to Roger Scott Walker, an undivided 44.445% interest, unto Mark Douglas Walker, an undivided 11.111% interest, unto D. Clif Walker, an undivided 11.111% interest and unto Dennis Swearingen, an undivided 33.333% interest from Max Alperin by deed dated March 5, 1998, and being recorded under Clerk's File 9807330 of the Real Property records of Jefferson County, Texas, and that certain called 27,284 square feet tract of land having been conveyed to Harvey Night from Robert S. Sawyer by deed dated January 14, 1981, and being recorded under Volume 2287 Page 401, Deed Records of Jefferson County, Texas, and the said 0.31 acre Harvey Night et ux tract, also along the centerline of the said abandoned T&NO RR for a distance of 800.19 feet to a 5/8" iron rod with cap stamped "City of Beaumont ROW Monument" set for corner in the proposed Easterly right-of-way line of Concord Road and the POINT OF BEGINNING of the parcel herein described; 1) THENCE, NORTH 43°44'12" WEST, continuing along the Southerly line of the said 0.31 acre Night et ux tract and the Northerly line of the said Badon tract for a distance of 35.77 feet to a point for corner, said corner being in the existing Easterly right-of-way of Concord Road, said point also being the most Westerly corner of said 0.31 acre Night et ux tract, and the most Northerly corner of the said Badon tract; 2) THENCE, NORTH 46°08'27" EAST, along the existing East right-of-way line of Concord Road for a distance of 59.48 feet to a point for corner, said corner also being the beginning of a curve turning to the right having a radius of 170.00 feet and being subtended by a chord bearing NORTH 74 040'24" EAST having a chord length of 162.40 feet; 3) THENCE, NORTHEASTERLY, along said curve for an arc length of 169.32 feet to a point for corner in the existing Easterly right-of-way line of Concord Road, said corner being the most Northerly corner of the said 0.31 acre Night et 'ux tract, said corner also being the most Northwesterly corner of the said Night tract recorded under Volume 2287 page 401; 4) THENCE, SOUTH 39°50'03" WEST, along the said Southeasterly line of the said 0.31 Night et ux tract and the Northwesterly line of the said Night tract recorded under Volume 2287 page 401 for a distance of 7.67 feet to a 5/8" iron rod with cap March 2009 Parcel 56B Page 3of5 EXHIBIT_ stamped "City of Beaumont ROW Monument" set for corner in the proposed right-of- way line of Concord Road, said corner also being the beginning of a curve turning to the left having a radius of 155.04 feet and being subtended by a chord bearing SOUTH 64 017'57" WEST having a chord length of 166.46 feet; 5) THENCE, SOUTHWESTERLY, along said curve for an arc length of 175.71 feet to a 5/8" iron rod with cap stamped "City of Beaumont ROW Monument" set for corner in the proposed right-of-way line of Concord Road; 6) THENCE, SOUTH 31'56'02" WEST along the proposed right-of-way line of Concord Road for a distance of 37.59 feet to the POINT OF BEGINNING and containing 0.0924 acre (4024 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 January 2009 GIVEN UNDER MY HAND AND SEAL THIS THE DAY OF March 2009. O F lF W ` ELF., . Mark W. Whiteley, RPLS #3636 R`� LEGEND CALLED 0.454 ACRES ROGER SCOTT WALKER ■ SET 5/8" I. R. WITH CAP STAMPED ,M. W. WH I TELEY & ASSOCIATES, MARK DOUGLAS WALKER D. CLIF WALKER TXD❑T CONTROL MONUMENT CALLED 27,284 SO. FT. DENNIS SWEARINGEN CALLED 0.31 ACRES HARVEY NIGHT MARCH 5, 1998 HARVEY NIGHT ET UX JANUARY 14 1981 CF. NO. 9807330 0 PARCEL NUMBER JANUARY 13 1981 VOL, 2287 PG. 401 OPRJC 0 FND PROPERTY CORNER AS N❑TEDVOL. 2289 k. 59 DRJC DRJC CALLED 0.792 ACRES POWER POLE ROGER SCOTT WALKER R0� 56A MARK DOUGLAS WALKER PROPOSED ROW LINE cO�GORO 568 DENNIS SWEARINGEN WEARI GEN EXISTING ROW LINE VtJG PAR .0.B. CF. O. 9724822 PROPERTY LINE CALLED 2.110 ACRES — — SURVEY LINE 57 SCOTT WALKER MARK WALKER COUNTY LINE \ \ D' CLIFF WALKER CALLED 24,743 SQ.FT \ DENNIS SWEARINGEN JUNE MARIE BADON MAY 30, 1997 JULY 28, 1997 5B CF. NO. 9716059 CF. NO. 9722295 pR� OPRJC OPRJC coNCOR� CALLED 5.446 ACRES 55A S&E 24,743 SQ. FT. M DAVID CLIFTON WALKER T� MARK DOUGLAS WALKER ROGER SCOTT WALKER DECEMBER 8, 1995 \ CF. NO. 9536057 P.O.0 PARCEL 56B \ NOTES: OPRJC FND. 1 112"I. PIPE ALL EXISTING BEARIN� SHOWN ARE AREAS THE TEXAS OSTATET E PARENT TRACT PI ANF COORDINATE SYSTEM, SOUTH CENTRAL ZONE, NORTH N.T.S. 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 1.00003. BEARINGS AND DISTANCES SHOWN ENCLOSED IN PARENTHESES ARE CALLED BEARINGS AND DISTANCES IN THE DESCRIPTION OF THE PARENT TRACT. SURVEYED JANUARY 2009 A PROPERTY DESCRIPTION OF EVEN DATE ACCOMPANIES THIS PARCEL PLAT. OF c) ............. ...... ..... M. HIT L EXISTING TAKING REMAINING ACRES ACRES/(S.F.) ACRES 3-V9+n`k 0. 31 PARCEL 56B, 0. 2176 MARK W. WHITELEY 0. 0924/(4,024) AND ASSOCIATES INCORPORATED PARCEL PLAT CONSULTING ENGINEERS, SHOWING SURVEYORS, AND PLANNERS PARCEL 5 6 B CONCORD ROAD JEFFERSON COUNTY P. 0. BOX 5492 3250 EASTEX FRWY. BEAUMON409 r 922-5042126-5492 B(FAX )N 409-8 2S 134603 SCALE 1 " = 50' MARCH 2009 SHEET 4 OF 5 EXHIBIT "E" w 6 J C.7 Q Ln CO G� 212+45.79 Q r� co 359.12RT LINE BEARING DISTANCE J ° w ice. � L 1 N43'44'12"W 35.77' L2 N46'08'27"E 59.48' 9 CALLED 0.31 ACRES � Q.Sp,C� L4 S31*56'02"W 37.59' HARVEY NIGHT ET UX S w 3 JANUARY 13, 1981 �B m N VOL. 2289 PG. 59 DRJC CALLED 27 284 SO. FT.HARVCY NIGHT CL CURVE DATA o o OQ JANUARY 14, 1981 PI STA.=215+14.19 u z cCDn 213+79.01 VOL. 2287 PG. 401 Q v 2-25 3 7 R T DRJC CALLED 0.454 ACRES �',=33'16'00" _ ROGER SCOTT WALKER R1200.0000' O MARK DOUGLAS WALKER T358.4954' w G 6 P.O.B. PAR. 56B D. CLIF WALKER L696.7347' O2 J DENNIS SWEARINGEN J v 213+80,36 \ MARCH 5, 1998 Ch686.9893' ° CF. NO. 9807330 D04'46'29" 47 187.8ORT OPRJC LL Q CALLED 0.792 ACRES ROGER SCOTT WALKER m MARK DOUGLAS WALKER z 2 O P� CALLED 24,743 SO.FT D. CLIF WALKER J w ►- JUNE MARIE BADON DENNIS SWEARINGEN JULY 28 1997 g6gN�N43°� AUGUST 13, 1997 a o Ln CF. N . C 2295 Rq/�ROq�FO 12 8 00 CF. OPRJC . 9724822 O 1g cn o�r ° oo 0 6 Lri a --CALLED 5.446 ACRES O DAVID CLIFTON WALKER P.O.C. PAR. 56B 57 a MARK DOUGLAS WALKER ROGER SCOTT WALKER- FND 1 1/2" > DECEMBER 8 1995 \ I. PIPE of CF. NO. 9536057 OPRJC PARCEL PLAT SHOWING 5 PARCEL 56B 274 1+00 CONCORD ROAD JEFFERSON COUNTY — PROPOSED BASELINE -� SCALE 1 " = 50' MARCH 2009 SHEET 5 OF 5 RICH WITH OPPORTUNITY C ILI A, City Council A enda Item g T • E • X • A • S TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Patrick Donart, Public Works Director PD MEETING DATE: January 18, 2011 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 properties for the Concord Road Pavement Widening Project. BACKGROUND As part of the Concord Road Pavement Widening Project, approximately sixty-three (63)parcels of land from East Lucas to Highway 105 are being acquired. The owner of the property listed below, has agreed to convey his property to the City: Parcel#31 0.0599 acre out F. Bigner Survey Abstract No. 1 (5575 Concord Road) Value: $6,999.00 Owner: Michael R. Maurer The acquisition of the utility easement is recommended for approval by the City Manager and Public Works Director. BUDGETARYIMPACT Funds are available in the Capital Program. �I RESOLUTION NO. WHEREAS, an agreement has been negotiated for the acquisition of property described below and in Exhibit"A"and shown on Exhibits"B"and "C,"attached hereto,for the Concord Road Pavement Widening Project: Parcel #31: 0.0059 acre out of F. Bigner Survey Abstract No. 1 (5575 Concord Road) Value: $6,999.99 Owner: Michael R. Maurer NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, 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 18th day of January, 2011. - Mayor Becky Ames - NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION FROM THIS INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NO. OR DRIVER'S LICENSE NO. THE STATE OF TEXAS X KNOW ALL MEN BY THESE PRESENTS: COUNTY OF JEFFERSON X SPECIAL WARRANTY DEED That, MICHAEL R. MAURER, ET UX, of the County of Jefferson, State of Texas, hereinafter called GRANTOR for and in consideration of the sum of SIX THOUSAND NINE HUNRED NINETY-NINE AND NO/100 ($6,999.00) DOLLARS and other good and valuable consideration, to it in hand paid by the City of Beaumont, a municipal corporation, domiciled in Jefferson County, Texas, hereinafter called GRANTEE, for the conveyance of the hereinafter described property, the receipt and sufficiency of which is hereby acknowledged and confessed, has GRANTED, SOLD and CONVEYED, subject to the reservations and exceptions hereinafter made, and by these presents does GRANT, SELL and CONVEY unto the said CITY OF BEAUMONT, P. O. Box 3827, Beaumont, Texas 77704, and to its successors and assigns forever the property described in Exhibit "A", attached hereto and made a part hereof for all purposes. GRANTOR does hereby except and reserve from this conveyance unto herself, her successors and assigns, forever, all of the oil, gas, and sulphur in and under the land herein conveyed but waives all rights of ingress and egress to the surface thereof for the purpose of exploring, developing, mining or drilling for same. This conveyance is expressly made subject to all zoning laws and to restrictions, covenants, conditions, easements and mineral and/or royalty reservations, if any, effecting the property. TO HAVE AND TO HOLD the above described premises together with all and singular the rights and appurtenances thereto and in any wise belonging, unto the said EXHIBIT "A" GRANTEE and GRANTEE'S successors and assigns, forever; and said GRANTOR binds herself and her successors and assigns to warrant and forever defend all and singular the said premises unto the said GRANTEE and GRANTEE'S successors or assigns, against every person lawfully claiming or to claim all or any part of the property, subject to the. provisions stated above, when the claim is by,through, or under GRANTOR but not otherwise. EXECUTED this the day of , 2011. MICHAEL R. MAURER, ET UX STATE OF TEXAS X COUNTY OF JEFFERSON X This instrument was acknowledged before me on this the day of , 2011, by MICHAEL R. MAURER. Notary Public, State of Texas RETURN TO: City of Beaumont c/o Antoinette Hardy P.O.Box 3827 Beaumont,TX 77704 April 2009 Parcel 31 Page 1 of 4 EXHIBIT County: Jefferson Highway: Concord Road Project Limits: East Lucas to US 96, 69, 287 PROPERTY DESCRIPTION FOR PARCEL 31 Being a 0.0599 acre (2,609 square feet) of land, situated in the F. Bigner Survey, Abstract No. 1, out of and part of that certain tract of land having been conveyed to Michael R. Maurer and wife, Frances E. Maurer from Muriel Agnes Hayes Smiley, Independent Executrix of the Estate of Agnes A. Hayes, by deed dated November 3, 1986, and being recorded under Film Code No. 101-62-1005 of the Real Property records of Jefferson County, Texas, said 0.0599 acre (2,609 square feet) of land being more particularly described as follows; COMMENCING at an 2" iron pipe with cap found for the Southwest corner of that certain called 2.933 acre tract 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 19°2329" EAST along the boundary line between the said 2.933 acre Finch tract and the said Maurer tract for a distance of 779.29 feet to a 5/8" iron rod with cap stamped "City of Beaumont ROW Monument" set for corner in the proposed Southwest right-of-way line of Concord Road, from said corner a 1" iron pipe found bears SOUTH 19°23'29"WEST 2.58 feet, also said corner being the POINT OF BEGINNING of the parcel herein described; 1) THENCE, NORTH 60 023'58" WEST, along the proposed Southwest right-of-way lien of Concord Road for a distance of 231.16 feet to a 5/8" iron rod with cap stamped "City of Beaumont ROW Monument" set for corner in the proposed Southwest right- of-way line of Concord Road, said corner also being the beginning of a curve turning to the left having a radius of 1190.00 feet and being subtended by a chord bearing NORTH 60°53'58" WEST having a chord length of 20.74 feet; 2) THENCE NORTHWESTERLY, along and with said curve, for an arc length of 20.74 feet to a 5/8" iron rod with cap stamped "City of Beaumont ROW Monument" set for corner in the proposed Southwest right-of-way line of Concord Road, said corner being in the Westerly line of the said Maurer tract and also said point being in the Easterly right-of-way line of Treadway Road; April 2009 Parcel 31 Page 2 of 4 EXHIBIT_ 3) THENCE, NORTH 12 024'04" EAST along the East right-of-way line of Treadway Road for a distance of 7.94 feet to a point for corner in the existing Southwest right- of-way of Concord Road, said point being the Northwesterly corner of the said Maurer tract, 4) THENCE, SOUTH 61 057'21" EAST along the existing Southwest right-of-way of Concord Road for a distance of 123.22 feet to a point for corner, 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 60°39'07" EAST having a chord length of 129.03 feet; 5) THENCE SOUTHEASTERLY, along and with said curve, for an arc length of 129.04 feet to a point for corner, said corner being the Northeast corner of the said Maurer tract and being the Northwest corner of the said 2.933 acre Finch tract; 6) THENCE, SOUTH 19 023'29" WEST, along the boundary line between the said Maurer tract and the said 2.933 acre Finch tract for a distance of 11.50 feet to the POINT OF BEGINNING and containing 0.0599 acre (2,609 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 i GIVEN UNDER MY HAND AND SEAL THIS THEE DAY OF APRIL 2009. :Y Mark W. Whiteley, RPLS #3636 LEGEND ■ SET 5/8" I. R. WITH CAP STAMPED °CITY OF BEAUMONT ROW MONUMENT' TXDOT CONTROL MONUMENT Q PARCEL NUMBER PARENT TRACT 0 FND PROPERTY CORNER AS NOTED N.T.S. 0 POWER POLE CONCORD ROAD PROPOSED ROW LINE EXISTING ROW LINE 31 P.O.B. PROPERTY LINE PARCEL 31 c� SURVEY LINE o COUNTY LINE F. BIGNER SURVEY ABSTRACT NO. 1 0 vo MICHAEL R. MAURER & WIFE, FRANCES E. MAURER NOVEMBER 3, 1986 FC. NO. 101-62-1005 OPRJC CALLED 2.933 ACRES JONATHAN W. FINCH & WIFE, BARBETTE ELAINE FINCH OCTOBER 27, 1986 P.O.0 PARCEL 31 FC. NO. 101-61-0250 FND. 2" 1. PIPE OPRJC 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. + . V :.* EXISTING TAKING REMAINING � r ACRES ACRES/(S.F.) ACRES k PARCEL 31, 2. 2462 2. 1863 MARK W. WHITELEY o. oss9ic 2609 AND ASSOCIATES INCORPORATED PARCEL PLAT CONSULTING ENGINEERS, SHOWING SURVEYORS, AND PLANNERS PARCEL 31 m CONCORD ROAD JEFFERSON COUNTY P. 0. BOX 5492 3250 EASTEX FRWY. BEAUMONT, TEXAS 77726-5492 BEAUMONT, TEXAS 77703 409-892-0421 (FAX) 409-892-1346 SCALE 1 " = 50' APRIL 2009 EXHIBIT "B" SHEET 3 OF 4 co tP C) L n-) Z - + It 0 CD ORD 0 P\u 0-)�l PROPOSED BASELINE �n !n o_ + LLI 0 N Ln CD 0 0 175+(Jo RIGHT 0__-_-- --- F WAY-- 7726'16.7B 2 EXISTING 0 C2 A=05*53'33' z T OF W ll� -��: w RIG R=2400,0000' LLJ oo 123-22'— PROPOSED RIG < : --S61°57'21 E 173+42.85 T=123.5202' n o .......... FND 1" I. PIPE BEARS .16' S19*23'29"W 2.58' L=246-8227' 0) 58"\n 231 40.00LT Ln v� N60*2 Ch=246.7139 CT) b b (o Lo 7 cl 175+75,05--- P.O.B. PAR. 31 30 D=02*23'14" ___40-00LT CD 175+95,49 z Li 40.00LT CALLED 2.933 ACRES 7- JONATHAN W. FINCH & o 0 WIFE, BARBETTE ELAINE FINCH 0 (-q T- OCTOBER 27, 1986 ON N FC. NO. 101 -61 -0250 0)- t'j OPRJC F_ MICHAEL R. MAURER & WIFE, FRANCES E. MAURER _3 Lp� -O.S4 T - �n I F_ NOVEMBER 3, 1986 ON v CD z FC. NO. 101 -62-1005 Ld x j;> --t Lu OPRJC __j 4 0 co roV u Lc� VNG [if 0 C-q < CN - >7 _0 m cn 0 fl- co P.O.C. PAR. 31 FND 2" L'i I. PIPE U U C) PARCEL PLAT SHOWING LINE BEARING DISTANCE PARCEL 31 L N 12*24'04"E 7.94' L2 S 19*23'30"W 11.50' CONCORD ROAD JEFFERSON COUNTY SCALE 1 50' APRIL 2009 SHEET 4 OF 4 D RICH WITH OPPORTUNITY IIEA,[11�10N T • E • x • A • s City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Patrick Donart, Public Works Director MEETING DATE: January 18, 2011 REQUESTED ACTION: Council approval of a resolution authorizing the City Manager to approve a change order in the amount of $28,328 related to the Fannin Street Drainage Improvements Project p J RECOMMENDATION The Administration recommends approval of increasing the project amount by $28,328.00. The proposed changes to the contract will furnish and install 386 linear feet of a two- inch force main and water and sanitary sewer connections with appurtenances. The proposed extra work will represent an increase of 0.54% and a total increase of 5.84%to the original contract amount. BACKGROUND Fannin Street from Fourth to Eleventh is a two-lane concrete roadway with open ditches. The condition of the roadway and drainage system, coupled with the recent development in the area, necessitates improvements to the street and drainage infrastructure. This project will consist of reconstructing the street to a three-lane, one lane in each direction with a continuous left turn lane, curb and gutter roadway with sidewalks on each side. The project is partially funded by a Texas Water Development Board Flood Mitigation Grant in the amount of$2,942,780. Previous actions include: Resolution 10-010 in the amount of$4,992,554.15 was passed by City Council on January 19, 2010. Resolution 10-167 for Change Order No. 1 in the amount of$257,361.10 was passed by City Council on June 22, 2010. Change Order No. 2 in the amount of$7,605.00 on November 6, 2010. This Change Order is recommended for approval by the City Manager, Public Works Director, and Water Utilities Director. BUDGETARYIMPACT Funds are available in the Capital Program(Water and Sewer Projects). CITY OF BEAUMONT DATE: 29 December 2010 PROJECT: FANNIN STREET DRAINAGE IMPROVEMENT PROJECT OWNER: CITY OF BEAUMONT CONTRACTOR: REYTEC CONSTRUCTION RESOURCES,INC. CHANGE ORDER NO.: 03 C't Add Construction Items and/or quantities to the Contract Item Item Original New Unit No. Code Description Unit Quantity Quantity Pie Amount WATER UTLITIES 605 007 FURNISH&INSTALL 6"SCHD 40 STEEL CASING LF 0 14 $120.00 $1,680.00 702 003 FURNISH&INSTALL 10"SDR 26 SAN SEWER LINE LF 0 20 $170.00 $3,400.00 702 1 004 1211 FORCED MAIN(COMPLETE IN PLACE) LF 0 386 $15.00 $6,948.00 810 012 i"SHORT SIDE SERVICE CONNECTION EA 0 1 $500.00 $500.00 810 013 1-1/2"LONG SIDE SERVICE CONNECTION EA 0 5 $1,600.00 $8,000.00 810 014 2"LONG SIDE SERVICE CONNECTION EA 0 2 $1,800.00 $3,600.00 810 015 1"WATER METER BOXES EA 0 25 $120.00 $3,000.00 810 016 2"WATER METER BOXES EA 0 8 $150.00 $1,200.00 ADD TOTAL AMOUNT 1 $28,32&001 ORIGINAL CONTRACT AMOUNT: 54,992,554.15 NET FROM PREVIOUS CHANGE ORDERS: $5,257,520.25 TOTAL AMOUNT OF THIS CHANGE ORDER: $28,328.00 PERCENT OF THIS CHANGE ORDER: 0.54'x• TOTAL PERCENT CHANGE ORDER TO DATE: 5.84% NEW CONTRACT AMOUNT: 55,285,84&25 ACCEPTED BY: CONTRACTOR RECOMMENDED BY: PATRICK DONART,PUBLIC HANI TOHME,WATER UTILITIES WORKS DIRECTOR DIRECTOR APPROVED BY: ATTESTED BY: KYLE HAM CITY MANAGER TINA BROUSSARD,CITY CLERK RESOLUTION NO. WHEREAS, on January 19, 2010, the City Council of the City of Beaumont, Texas, passed Resolution NO. 10-010 awarding a contract in the amount of $4,992,554.15 to Reattach Construction Resources, Inc., of Houston, Texas,for the Fannin Street Drainage Improvement Project; and WHEREAS, on June 22, 2010, Change Order No. 1 in the amount of$257,361.10 was required to add and install new waterlines, fire hydrants, gate valves and fittings, and water connections, thereby increasing the contract amount to $5,249,915.25; WHEREAS, Change Order No. 2 in the amount of$7,605.00 was required to furnish and install new waterlines, storm drains and manholes, thereby increasing the contract amount to$5,257,520.25, not requiring Council action,was approved by the City Manager on November 6, 2010; WHEREAS, Change Order No. 3 in the amount of$28,328.00 is required to furnish and install 386 linear feet of two-inch force main and water& sanitary sewer connections with appurtenances, thereby increasing the contract amount to $5,285,848.25; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and THAT the City Manager be and he is hereby authorized to execute Change Order No. 3 for additional work described above, thereby increasing the contract amount by $28,328.00 for a total contract amount of$5,285,848.25. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 18th day of January, 2011. i Mayor Becky Ames - E RICH WITH OPPORTUNITY r ` City Council Agenda Item T • E • X • A • S TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Patrick Donart, Public Works Director PO MEETING DATE: January 18, 2011 REQUESTED ACTION: Council consider authorizing the acceptance of a ten foot (10') wide Exclusive Sanitary Sewer Easement. RECOMMENDATION The Administration recommends acceptance of a Sanitary Sewer Easement located at 5535 Calder Avenue. BACKGROUND Colburn McClelland has agreed to convey a ten foot (10') wide Sanitary Sewer Easement to the City of Beaumont. The property is described as out of 0.8668 Acre Tract Out of and Part of Block 11, Caldwood Addition located at 5535 Calder Avenue. This Sanitary Sewer Easement is recommended for approval by the City Manager, Public Works Director, and Water Utilities Director. BUDGETARY IMPACT None. I RESOLUTION NO. WHEREAS, Colburn McClelland has offered to convey a ten foot(10')wide sanitary sewer easement for property located at 5535 Calder Avenue, said easement being 0.8668 acre out of and part of Block 11, Caldwood Addition, as described in Exhibit"A"and shown on Exhibit "B," attached hereto, to the City of Beaumont for the purpose of providing sanitary sewer services; 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 statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and THAT the easement conveyed by Colburn McClelland, as described in Exhibit"A" and shown on Exhibit "B," be and the same is hereby, in all things, accepted. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 18th day of January, 2011. - Mayor Becky Ames - STATE OF TEXAS X KNOW ALL MEN BY THESE PRESENTS: COUNTY OF JEFFERSON X SANITARY SEWER EASEMENT THAT, COLBURN MCCLELLAND, of the County of Jefferson, State of Texas, hereinafter called "GRANTORS", for and in consideration of the sum of ONE AND NO/100 DOLLAR ($1.00), and other good and valuable consideration to us in hand paid by the CITY OF BEAUMONT, a municipal corporation domiciled in Jefferson County, Texas, hereinafter called "GRANTEE", the receipt and sufficiency of which consideration is hereby acknowledged, have GRANTED, SOLD and CONVEYED, and by these presents do GRANT, SELL and CONVEY unto the CITY OF BEAUMONT, P. O. Box 3827, Beaumont, Texas 77704, Jefferson County, Texas, its successors and assigns, a Sanitary Sewer Easement and the right to construct, alter, and maintain said sanitary sewer line and appurtenances on the hereinafter described lands which said easement is under, over, in and across that certain tract or parcel of land owned by GRANTORS situated in the County of Jefferson, State of Texas, and being more particularly described in Exhibit "A" attached and made a part hereof for all purposes. The easement herein granted shall be used for the purpose of placing, constructing, operating, repairing, rebuilding, replacing, relocating, removing sanitary sewer lines and appurtenances, and the following rights are also hereby conveyed: It is expressly understood and agreed that the City of Beaumont shall have the right of ingress to and egress from the tract of land hereinbefore described and use of the same for the purposes aforesaid, and giving said City the right and privilege to improve, maintain and operate the same as permitted by law. EXHIBIT "A" Grantor agrees not to place any structures or appurtenances within the Easement Property. Grantee shall not be responsible for the repair and replacement of any paving or other structures within the Easement Property. TO HAVE AND TO HOLD the above described easement and right-of-way unto the said CITY OF BEAUMONT, its successors and assigns forever. EXECUTED this day of , 20_ GRANTORS: COLBURN MCCLELLAND ACKNOWLEDGMENTS STATE OF TEXAS X COUNTY OF JEFFERSON X BEFORE ME, the undersigned authority, on this day personally appeared COLBURN MCCLELLAND, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that she executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE,this day of , 20 Notary Public, State of Texas RETURN TO: City of Beaumont Antoinette Hardy-Engineering P. O. Box 3827 Beaumont, TX 77704 Fittz&Shipman INC. Constilting Engineers and Land Surveyors EXHIBIT "A",PAGE 1 OF 2 Ronald D.Fittz,P.E.,R.P.L.S.(1948-1987) CENTERLINE DESCRIPTION Terry G.Shipman,Chairman of Board ' FORA Billy J.Smith,Jr.,President Donald R.King,P.E. 10' WIDE SANITARY SEWER EASEMENT Michelle Falgout,P.E. o ACROSS A Walter J.Ksiazek,R.P.L.S. 0.8668 ACRE TRACT OUT OF CALDWOOD ADDITION JEFFERSON COUNTY,TEXAS JANUARY 4, 2011 That certain centerline description across a called 0.8668 acre tract out of Caldwood Addition, a plat recorded in Volume 5, Page 14 of the Map Records of Jefferson County, Texas, and being that same called 0.8668 acre tract conveyed to Blue Water Endeavors, LLC as recorded in Clerks File No. 2007024076 of the Official Public Records of Jefferson County, Texas, said 0.8668 acres being more particularly described by the courses and distances as follows: Basis of Bearing is along the east line of the said 0.8668 acre tract having been called South 00°30'00"West 304.49 feet. COMMENCING at a '/2' iron rod found in the southeasterly right-of-way line of Calder Avenue for the northeast corner of the said 0.8668 acre tract; THENCE South 56 000'38"West along the said southeasterly right-of-way line of Calder Avenue and the north line of the said 0.8668 acre tract a distance of 17.99 feet (called South 56°00'38"West) to the POINT OF BEGINNING of the said centerline for a 10' wide sanitary sewer easement from which a 5/8" iron rod found for the northwest corner of the said 0.8668 acre tract bears South 56 000'38"West 182.00 feet (called South 56 000'38" West); THENCE South 00°30'00" East along the said centerline of the 10'wide sanitary sewer easement a distance of 297.32 feet to a point in the northerly right-of-way line of Laurel Avenue and the south line of the said 0.8668 acre tract for the POINT OF TERMINATION of the said centerline for a 10' wide sanitary sewer easement from which a 5/8" iron rod found for the southeast corner of the said 0.8668 acre tract bears a chord bearing of North 79°01'42" East and a chord distance of 15.25 feet. This Centerline Description is being submitted along with a plat of even date based on a survey performed by ittz & Shipman, Inc. on December 29, 2010. ZERO OF r!4 Walter J. Ksiazek rs'��••Q,ISTEIp' 4 Registered Professio PaILandSurveyor No. 5321 + �•Q ; Fittz&Shipman,Inc. 41 WALTER J. KSIAZF!' Page 1 of 1 621 Project No. 10003.0115 :N-16- �~ Plat&Description 1405 Cornerstone Court Beaumont,Texas 77 1 -'l •fax(409) 832-7303 Tx Board of Prof Engineers Firm No. 1160•Tx Board o r�lna°eyors Firm No. 100186 E Mff "A", PAGE 2 OF 2 CEPOINT OF NING NTERLINE 101N WIDE 5555 & 535 SANITARY SEWER EASEMENT CAL�r''R' A 5 56.02'31" W 199.99) 7.99 CALLED 199.99 FOUND " (S 56'00 38 W SANITARY IRON ROD 182,00 SEWER MH i COMMENCING POINT FOUND Y IRON ROD B L 0 C K 1 1 29.1 ONE STORY WOOD FRAME 7 REMAINDER BUILDING o ON SLAB LOT 2 a u) 0 20 40 N Z !2� , 29.1 J 3q S C A L E B.s of 2 C) �. zN ��� /� /�' o"Va Q� QQ'z �O� o �Z BLUE WATER ENDEAVORS, LLC •� �^ CLERKS FILE N0. 2007024076, O.P.R.J.C. 00 0-A. Qom. a o°�Q (CALLED 0.8668 ACRE) p \ p0o m O 00 ye" ° �OG ��` �m Q 10' WIDE SANITARY G'� X FOUND " SEWER EASEMENT IRON ROD OF t r v 3 4M.w*O*r" �', i CENTERLINE ;4 0 bop w . ^. 10' WIDE SANITARY a • 7s 4 SEWER EASEMENT W/Ir,LTER J. KSIAZC 3co o POINT OF TERMINATION Z 0 CENTERLINE 10' WIDE SURVEYOR'S CERTIFICATION: w' o d SANITARY SEWER EASEMENT I DO HEREBY CERTIFY, TO THE BEST OF MY KNOWLEDGE AND BELIEF, Ld N THAT THIS IS AN ACCURATE PLAT OF A SURVEY & DESCRIPTION MADE a Z ON THE GROUND UNDER MY SUPERVISION ON DECEMBER 29, 2010. U LOT 4 C3 C 1 C2 WALTER J. KSIAZEK LAUREL AVENUE FOUND " REGISTERED PROFESSION LAND SURVE NO. 5321 FOUND CAPPED IRON ROD IRON ROD yy NUMBER DELTA RADIUS ARC CHORD CHORD BEARING Cl 30'58'37" 180.00 97.32 96.14 S 65'58'05" W SANITARY CALLED 30'58'42" 180.00 97.32 96.14 S 65'58'37" W SEWER MH C2 04.51'25" 180.00 15.26 15.25 N 79'01'42" E C3 26'07'12" 1180.00 182.06 81.35 IS 63'32'23" W Q:\PROJECTS\10003\10003-115\10003TS115.dwg Jan 07, 2011 09:05am Fittz&Shipman 10 WIDE SANITARY SEWER EASEMENT SHEET NO. INC. PROJECT NAME: 5555 & 5535 CALDER AVENUE 2 Consulting Engineersmd Land Sumeyors BEAUMIONT, TEXAS 1405 CORNERSTONE COURT, BEAUMONT, TEXAS CALDWOOD ADDITION PROJECT NO. (409) 832-7238 FAX (409) 832-7303 DATE:1/4/11 100 03.0115 EXHIBIT "B" F RICH WITH OPPORTUNITY 11EA,[111011T T • E • x • A • s City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Patrick Donart, Public Works Director 'Pjo MEETING DATE: January 18, 2011 REQUESTED ACTION: Council consider a resolution authorizing the execution of a License to Encroach Agreement with Colburn McClelland RECOMMENDATION Administration recommends authorization to execute License to Encroach Agreement with Colburn McClelland for a structure encroaching onto a city sanitary sewer easement. BACKGROUND An existing structure (5535 Calder Avenue) is encroaching 8.5.feet onto the City's ten foot (10') easement in Block 11, Caldwood Addition. Colburn McClelland is the owner of record of the structure. The License Agreement protects the City from liability and provides a thirty (30) day cancellation clause. The one time fee of$500 for the License to Encroach has been waived. This License to Encroach Agreement is recommended for approval by the City Manager, Public Works Director, and Water Utilities Director. BUDGETARY IMPACT None. I RESOLUTION NO. WHEREAS, Colburn McClelland has requested that the City of Beaumont grant a License to Encroach into one (1) utility easement at 5535 Calder Avenue, which is described as being out of Lot 3, Block 11, Caldwood Addition, to the City of Beaumont. The encroachment being an existing residential dwelling overlapping 8.5' into the 10' easement, as described in Exhibit"A"and shown in Exhibit"B,"attached hereto and made a part hereof for all purposes; WHEREAS, City staff has expended considerable time and effort in investigating the effect of such encroachment upon the City easement and utilities therein; and, WHEREAS, it appears that it would be equitable to allow such encroachment at this time; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and THAT the City Manager be and he is hereby authorized to execute a License to Encroach to Colburn McClelland to encroach into one (1) utility easement at 5535 Calder Avenue, which is described as being out of Lot 3, Block 11, Caldwood Addition, to the City of Beaumont. The encroachment being an existing residential dwelling overlapping 8.5' into the 10'easement, as described in Exhibit"A"and shown in Exhibit"B,"attached hereto and made a part hereof for all purposes for a one-time fee of Five Hundred Dollars ($500.00) for the License to Encroach. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 18th day of January, 2011. - Mayor Becky Ames - LICENSE TO ENCROACH STATE OF TEXAS X ALL MEN BY THESE PRESENTS: COUNTY OF JEFFERSON X On the date last indicated below, the City of Beaumont, a municipal corporation, of Beaumont, Jefferson County, Texas, herein called "Licensor" and COLBURN MCCLELLAND, owner, hereinafter called "Licensee", contracted and agreed as set forth herein. Licensee desires a license from Licensor to use that real property (the subject of this license agreement) described as follows: Said encroachment being an existing commercial dwelling overlapping 10' alley by 8.5', on Lot 3, Block 11, Caldwood Addition (5535 Calder Avenue). Said encroachment is shown on Exhibit "A", attached. Subject property may continue to be occupied and used by Licensee solely in connection with the existing structures and for incidental purposes related thereto during the term of this license or until termination thereof. Said license shall terminate upon removal or demolition of said encroachment. Substantial improvements shall not be made upon any encroachment without first obtaining the written consent of Licensor and giving notice to Licensor in writing of how, when and to what extent such improvements are to be made. A copy of this license shall be attached to such notice. Substantial improvement means any repair, construction, or improvement of a structure, the cost of which equals or exceeds twenty-five percent (25%) of the market value of the structure either: (1) before the improvement or repair is started; or(2) if the structure has been damaged and is being restored, before the damage occurred. For the purposes of this definition, "substantial improvement" is considered to occur when the first alteration of any portion of the structure commences, whether or not that alteration affects the external dimensions of the structure. The term does not, however, include any projects or improvements of a structure to comply with existing state or local health, sanitary, or safety code specifications which are solely necessary to protect the health, safety and welfare of the public, inhabitants, or users of such structure. In the event the City of Beaumont, by resolution of the City Council, determines it needs the subject property, or any part thereof, for the benefit of the City or to protect the health, safety or welfare of the public, and it terminates this license or any part thereof, Licensee shall not receive any compensation and the City of Beaumont shall not be liable therefore, whether for the Page 1 of 3 EXHIBIT "A" value of property taken, damage to the abutting or remaining property or improvement, loss of business or profit, loss of access, or otherwise. Licensee shall at all times indemnify and hold harmless Licensor and any franchised entity of licensor against, and pay in full, for all claims, losses, damages, law suits, attorney's fees, costs, judgements or expenses, that Licensor and any franchised entity of Licensor may sustain, incur, be required to pay or become liable for, resulting in any manner from the construction, maintenance, use, state of repair, or presence of such encroaching structure. Licensor, and any franchised entity of Licensor, reserves the right to make improvements, perform maintenance and construction to the right-of-way or premises covered by this license where such is deemed necessary for the health, welfare and safety of the community. In doing so, Licensor and any franchised entity of Licensor shall not be liable to Licensee for any damage occasioned thereby and Licensee shall not be entitled to prosecute or maintain a claim against such parties for any such damage sustained by Licensee to said encroaching structure or any abutting or attached structures, improvements or land caused by the removal or alteration of any encroachment. In addition, Licensee shall reimburse Licensor and any franchised entity of Licensor any additional costs resulting from the encroachment. Licensor, and any franchised entity of Licensor, will not be responsible for any damage to the existing structure if the sanitary sewer main should ever develop a cavity or due to any repairs to the main sewer by the Licensor, and any franchised entity of Licensor. Licensee shall not permit trees, shrubs, plants, or any object to be placed on the subject property in such a manner as to obstruct the view of traffic. As part of the consideration for this agreement, Licensee shall pay to Licensor the sum of Five Hundred Dollars ($500.00). Said sum being waived. This license shall be recorded in the Real Property Records in the Office of the County Clerk of Jefferson County, Texas by Licensor. This agreement is terminable by either party by giving written notice to the other specifying the date of termination. Said notice shall be given not less that thirty (30) days prior to the termination date, therein specified, and shall be recorded in the Real Property Records in the Office of the County Clerk of Jefferson County, Texas by Licensor. This license is neither assignable nor transferable except in conjunction with, and as part of, Licensee's conveyance of all the abutting property this license serves, through probate or warranty deed or lease. In any such event, Licensor shall be notified of such occurrence by being delivered a copy of the document or documents conveying or leasing the same. Any notice to Licensor shall be sufficient if it is mailed or hand delivered to the Office of the City Engineer, City of Beaumont, P.O. Box 3827, Beaumont, Texas 77704. Any notice to Page 2 of 3 Licensee or their successors shall be sufficient if mailed or hand delivered to Property Owner at 200 W. Caldwood, Beaumont, Texas 77707. IN WITNESS, WHEREOF, the parties hereto have executed this agreement as of the day of , 2011. LICENSOR LICENSEE CITY OF BEAUMONT By: By: KYLE HAYES COLBURN MCCLELLAND CITY MANAGER ACKNOWLEDGMENTS STATE OF TEXAS X COUNTY OF JEFFERSON X This instrument was acknowledged before me on the day of , 2011,by Kyle Hayes, City Manager of the City of Beaumont, a municipal corporation, on behalf of said corporation. Notary Public, State of Texas STATE OF TEXAS X COUNTY OF JEFFERSON X This instrument was acknowledged before me on the day of , 2011, by Notary Public, State of Texas RETURN TO: City of Beaumont Antoinette Hardy-Engineering P.O.Box 3827 Beaumont,Texas 77704 Page 3 of 3 I Fittz&Shipman INC. ' Constilting Engineers and Land Surveyors • EXHIBIT "A",PAGE 1 OF 2 Ronald D.Finz,P.E.,R.P.L.S.(1948-1987) CENTERLINE DESCRIPTION Terry G.Shipman,Chairman of Board FOR A Billy J.Smith,Jr.,President Donald R.King,P.E. 10' WIDE SANITARY SEWER EASEMENT Michelle Falgout,P.E. ' ACROSS A Walter). Ksiazek,R.P.L.S. 0.8668 ACRE TRACT OUT OF CALDWOOD ADDITION JEFFERSON COUNTY,TEXAS JANUARY 4, 2011 That certain centerline description across a called 0.8668 acre tract out of Caldwood Addition, a plat recorded in Volume 5, Page 14 of the Map Records of Jefferson County, Texas, and being that same called 0.8668 acre tract conveyed to Blue Water Endeavors, LLC as recorded in Clerks File No. 2007024076 of the Official Public Records of Jefferson County, Texas, said 0.8668 acres being more particularly described by the courses and distances as follows: Basis of Bearing is along the east line of the said 0.8668 acre tract having been called South 00 030'00"West 304.49 feet. COMMENCING at a '/2" iron rod found in the southeasterly right-of-way line of Calder Avenue for the northeast corner of the said 0.8668 acre tract; THENCE South 56 000'38"West along the said southeasterly right-of-way line of Calder Avenue and the north line of the said 0.8668 acre tract a distance of 17.99 feet(called South 56 000'38"West) to the POINT OF BEGINNING of the said centerline for a 10'wide sanitary sewer easement from which a 5/8" iron rod found for the northwest corner of the said 0.8668 acre tract bears South 56°00'38"West 182.00 feet (called South 56°00'38" West), THENCE South 00°30'00 East along the said centerline of the 10 wide sanitary sewer easement a distance of 297.32 feet to a point in the northerly right-of-way line of Laurel Avenue and the south line of the said 0.8668 acre tract for the POINT OF TERMINATION of the said centerline for a 10' wide sanitary sewer easement from which a 5/8" iron rod found for the southeast corner of the said 0.8668 acre tract bears a chord bearing of North 79°01'42" East and a chord distance of 15.25 feet. This Centerline Description is being submitted along with a plat of even date based on a survey performed by ittz & Shipman, Inc. on December 29, 2010. ZE OF rF Walter J. Ksiazek +tt`• �q Registered Professio PalLand Surveyor No. 5321 •Q �' •s a Fittz&Shipman,Inc. WALTER J. KSIAZF!' Page 1 of 1 Project No. 10003.01151 6' Plat&Description 1405 Cornerstone Court Beaumont,Texas 77 �•+ 3 • fax (409) 832-7303 Tx Board of Prof Engineers Firm No. 1160•Tx Board o MMeyors Firm No. 100186 EXHIBIT "A", PAGE 2 OF 2 CEPOINT OF NING NTERLINE 101N WIDE 5555 & 35 SANITARY SEWER EASEMENT CAl,DF'R' A " W 199.99) 7.99 CALLED S 56'O„3 W I 99 FOUND " (S 56'00 3S SANITARY IRON ROD 182,00 SEWER MH / COMMENCING POINT FOUND Jt2" IRON ROD B L 0 C K 1 1 29.1 ONE WO D FRAME 7 REMAINDER BUILDING Q ON SLAB LOT 2 u� 0 20 40 N 3� S C A L E V M �N �Q z_04 ht /� rn �/ \ �V 01) the 0` r QQ4°. w°co N D�'o ;^ 4v Q1\' �0�� o �Z BLUE WATER ENDEAVORS, LLC . CLERKS FILE NO. 2007024076, O.P.R.J.C. 00 Qo. ado°�Q OQ,p" (CALLED 0.8668 ACRE) �O \ehh• '00o m O C7 Q 10' WIDE SANITARY �� Q FOUND " SEWER EASEMENT IRON ROD tl 0 F x`�x CENTERLINE 0••• F�t.' 10' WIDE SANITARY i • SEWER EASEMENT o WJI�TER J. KgIAZC. ro owl 00 114 F• O . o POINT OF TERMINATION Z b CENTERLINE 10' WIDE SURVEYOR'S CERTIFICATION: .' o't SANITARY SEWER EASEMENT I DO HEREBY CERTIFY, TO THE BEST OF MY KNOWLEDGE AND BELIEF, J N THAT THIS IS AN ACCURATE PLAT OF A SURVEY & DESCRIPTION MADE a ON THE GROUND UNDER MY SUPERVISION ON DECEMBER 29, 2010. UZ LOT 4 C3 C1 C2 WALTER J. KSIAZEK LAUREL AVENUE FOUND " REGISTERED PROFESSION LAND SURVE N0. 5321 FOUND CAPPED IRON ROD by IRON ROD NUMBER DELTA RADIUS ARC CHORD CHORD BEARING Cl 30'58'37" 180.00 97.32 96.14 S 65'58'05" W CALLED 30'58'42" 180.00 97.32 96.14 S 65'58'37" W SANITARY SEWER MH C2 04'51'25" 180.00 15.26 15.25 N 79'01'42" E C3 26'07'12" 1180.00 82.06 81.35 IS 63'32'23" W O:\PROJECTS\10003\10003-115\10003TS115.dwg Jan 07, 2011 09:05am Fittz&Shipman 10' WIDE SANITARY SEWER EASEMENT SHEET NO. INC. PROJECT NAME: 5555 & 5535 CALDER AVENUE 2 Consulting Engineers and Land Surveyors BEAUMIONT, TEXAS 1405 CORNERSTONE COURT, BEAUMONT, TEXAS CALDWOOD ADDITION PROJECT NO. (409) 832-7238 FAX (409) 832-7303 1 0003.0115 DATE:1/4/1 i EXHIBIT "B" G 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 Attorney MEETING DATE: January 18, 2010 REQUESTED ACTION: Consider a resolution authorizing the settlement of the lawsuit styled Robert F. Ramsey, Sr. v. City of Beaumont RECOMMENDATION Administration recommends approval of a resolution authorizing the settlement of a lawsuit styled Robert F. Ramsey, Sr. v. City of Beaumont in the amount of$24,999.00. BACKGROUND This matter was most recently presented and discussed in Executive Session held on December 14, 2010. The City Attorney is requesting authority to settle this suit for the $24,999.00 amount. BUDGETARYIMPACT There are sufficient funds in the General Fund to pay the settlement amount. RESOLUTION NO. WHEREAS, the lawsuit styled Robert F. Ramsey, Sr. v. City of Beaumont was discussed in Executive Session properly called and held Tuesday, December 14, 2010; and, WHEREAS, the Council desires to authorize the settlement of the lawsuit styled Robert F. Ramsey, Sr. v. City of Beaumont; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT the City Attorney be, and he is hereby, authorized to settle the lawsuit styled Robert F. Ramsey, Sr. v. City of Beaumont for the sum of Twenty-Four Thousand Nine Hundred Ninety-Nine Dollars ($24,999). PASSED BY THE CITY COUNCIL of the City of Beaumont this the 18th day of January, 2011. - Mayor Becky Ames - RICH WITH OPPORTUNITY 11EA,[1M0N* T • E • X • A • $ REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS JANUARY 18, 2011 1:30 P.M. i AGENDA i i CALL TO ORDER * Invocation Pledge Roll Call * Presentations and Recognition * Public Comment: Persons may speak on scheduled agenda items 1-7/Consent Agenda * Consent Agenda GENERAL BUSINESS 1. Consider approving five early voting polling locations as well as designated early voting days and times 2. Consider amending the FY 2011 Budget by approving a payment of$250,000 to the City of Beaumont Integral Part Trust managed by The International City Management Association Retirement Corporation(ICMA-RC) and established to provide retiree health benefits on behalf of employees and retirees 3. Consider approving the purchase of pipe bursting equipment for use by the Water Utilities Department 4. Consider authorizing the City Manager to receive additional funding in the amount of$171,000 through the Department of Homeland Security Supplemental 2007 Port Security Grant Program and modify a memorandum of understanding with Jefferson County to facilitate expenditure of the additional grant funding through the Port Security Grant Program(PSGP) fiduciary process 5. Consider authorizing the City Manager to apply for and receive funding in an amount up to $140,545.64 through the U.S. Department of Homeland Security, 2011 Emergency Management Performance Grant(EMPG)program 6. Consider approving a contract to construct a new storage building at the Police Department Pistol Range WORKSESSION * Discuss the filling of the vacancy in the Ward II city council position EXECUTIVE SESSION * Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code: Claim of Christy Morgan * Consider matt ers related to employme n t, evaluation and duties of a public officer or employee in accordance with Section 551.074 of the Government Code to wit: Ward II City Councilmember Candidates: Lauren Williams Mason Nathan H. Cross Douglas C. Conner Charlie Gibbs Kimberly Ann Kumar Richard S. Mathews Jimmy E. Booker Rhonda E. Ruben Christine L. Stetson Tawana Walter-Cadien Ryan W. Gertz 7. Consider the appointment of a councilmember to fill the vacancy in the Ward II City Council position for the unexpired term COMMENTS * Councilmembers/City Manager comment on various matters * Public Comment(Persons are limited to 3 minutes) Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact Mitchell Normand at 880-3777 three days prior to the meeting. 1 January 18,2011 Consider approving five early voting polling locations as well as designated early voting days and times I RICH WITH OPPORTUNITY 17C A►[I I I C1 I Ti( T • E • X , A • s City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tina Broussard, City Clerk, TRMC MEETING DATE: January 18, 2011 REQUESTED ACTION: Council consider an ordinance approving five early voting polling locations as well as designated early voting days and times RECOMMENDATION Administration recommends five early voting polling locations be available for early voting from May 2, 2011 through May 10, 2011. BACKGROUND A worksession was held with the City Council on Tuesday, January 11, 2011, regarding the possibility of having five polling locations for early voting. The early voting location previously used was the City Clerk's Office, which will change to the 1St Floor Conference Room. Early Voting will begin May 2, 2011, ending May 10, 2011. The days, times and locations for Council consideration are as follows: Monday May 2, 2011 8:00 a.m. to 5:00 p.m. Tuesday May 3, 2011 8:00 a.m. to 5:00 p.m. Wednesday May 4, 2011 8:00 a.m. to 5:00 p.m. Thursday May 5, 2011 8:00 a.m. to 5:00 p.m. Friday May 6, 2011 8:00 a.m. to 5:00 p.m. Saturday May 7, 2011 7:00 a.m. to 7:00 p.m. Sunday May 8, 2011 12:00 p.m. to 5:00 p.m. Monday May 9, 2011 7:00 a.m. to 5:00 p.m. Tuesday May 10, 2011 7:00 a.m. to 5:00 p.m. Main Early Voting Location City Hall 1St Floor Conference Room Beaumont, TX 77701 Additional Branch Early Voting Locations will be as follows: Ward I Calvary Baptist Church 3650 Dowlen Rd. Beaumont, TX 77706 Ward II R. C. Miller Library 1605 Dowlen Rd. Beaumont, TX 77707 Ward III North End Community Center 3580 E. Lucas Beaumont, TX 77703 Ward IV Theodore Johns Library 4255 Fannett Rd. Beaumont, TX 77705 BUDGETARYIMPACT The four additional polling locations will cost an estimated $8,256. Funds are available in the City Clerk's Operating Budget. ORDINANCE NO. ENTITLED AN ORDINANCE DESIGNATING POLLING LOCATIONS FOR EARLY VOTING AND PROVIDING ADDITIONAL DAYS OF EARLY VOTING ON SATURDAY AND SUNDAY DURING THE PERIOD OF MAY 2,2011,THROUGH MAY 10, 2011 FOR THE CITY'S GENERAL ELECTION TO BE HELD ON MAY 14, 2011. BE IT ORDAINED BY THE CITY OF BEAUMONT: THAT the following locations will be designated as early voting polling locations during the period of May 2, 2011, through May 10, 2011, for the City's general election to be held on May 14, 2011: Main Early Voting Location: City Hall - 1St Floor Conference Room 801 Main Street Beaumont, Texas 77701 Branch Early Voting Locations: Ward I Calvary Baptist Church 3650 Dowlen Rd. Beaumont, Texas 77706 Ward II R.C. Miller Library 1605 Dowlen Road Beaumont, Texas 77707 Ward III North End Community Center 3580 E. Lucas Beaumont, Texas 77703 Ward IV Theodore Johns Library 4255 Fannett Rd. Beaumont, Texas 77705 BE IT FURTHER ORDAINED THAT early voting will be conducted at the designated early voting polling locations Monday through Tuesday as shown below: Monday May 2, 2011 8:OOa.m. to 5:00 p.m. Tuesday May 3, 2011 8:OOa.m. to 5:00 p.m. Wednesday May 4, 2011 8:OOa.m. to 5:00 p.m. Thursday May 5, 2011 8:OOa.m. to 5:00 p.m. Friday May 6, 2011 8:OOa.m. to 5:00 p.m. Saturday May 7, 2011 7:OOa.m. to 7:00 p.m. Sunday May 8, 2011 12:00 p.m. to 5:00 p.m. Monday May 9, 2011 7:00 a.m. to 7:00 p.m. Tuesday May 10, 2011 7:00 a.m. to 7:00 p.m. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 18th day of January, 2011. - Mayor Becky Ames - 2 January 18,2011 Consider amending the FY 2011 Budget by approving a payment of$250,000 to the City of Beaumont Integral Part Trust managed by The International City Management Association Retirement Corporation(ICMA-RC) and established to provide retiree health benefits on behalf of employees and retirees RICH WITH OPPORTUNITY 11EA,[11401114( 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: January 18, 2011 REQUESTED ACTION: Council consider amending the FY 2011 Budget by approving a payment of$250,000 to the City of Beaumont Integral Part Trust managed by The International City Management Association Retirement Corporation(ICMA- RC) and established to provide retiree health benefits on behalf of employees and retirees. RECOMMENDATION Administration recommends approval. BACKGROUND On November 9, 2010, by Resolution No. 10-297,the City Council approved the establishment of an Integral Part Trust through ICMA-RC for the exclusive purpose of funding other post employment benefits (OPEB) or in the case of the City, retirement health insurance benefits. Traditionally most OPEB plans,the City's included, are funded on a pay-as-you-go basis when the health insurance premiums and claims are paid and the financial statements generally do not report the financial effects of the retirement health insurance until the benefits are paid. The Governmental Accounting Standards Board (GASB)now requires the City to report on its annual financial statements the amount that it will cost to provide retiree health insurance in the future. Although not a requirement of GASB, it is recommended that the trust be at least partially funded each year in order to maintain stable credit ratings. Although the goal is for the monies to be invested and have a long-term rate of return,the funds could be used for current year costs related to retiree health benefits, if the need arose. In FY 2010,the City incurred $1,973,290 in retiree health insurance benefits, of which the retirees contributed $ $862,500 through their premiums. The net cost to the City in FY 2010 was $1,110,790. In computing the City's annual required contribution for OPEB, as required by GASB, the cost of retiree health insurance being earned by covered members as well as the amount that is expected to be incurred in the future based on actuarial assumptions, amortized over 30 years, is computed. The City's net OPEB obligation for the fiscal year ended September 30, 2010 is $1,050,000. Funding OPEB January 18, 2011 Page 2 BUDGETARYIMPACT The fund balance in the Employee Benefits Fund is currently $2,924,220 or 16%of anticipated expenditures. After appropriating $250,000 of this balance,the remainder of$2,674,220 will remain healthy at 15% of anticipated expenditures for FY 2011. ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING THE FY 2011 BUDGET BY APPROVING A PAYMENT OF $250,000 OUT OF THE EMPLOYEE BENEFITS FUND TO THE CITY OF BEAUMONT INTEGRAL PART TRUST; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR REPEAL. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. THAT the FY 2011 budget be and the same is hereby amended by approving the payment of$250,000 to the City of Beaumont Integral Part Trust managed by The International City Management Association Retirement Corporation (ICMA-RC), with said $250,000 being transferred from the Employee Benefits Fund to the City of Beaumont Integral Part Trust. Section 2. That if any section, subsection, sentence, clause or phrase of this ordinance or the application of same to a particular set of persons or circumstances should for any reason be held to be invalid,such invalidity shall not affect the remaining portions of this ordinance and, to such end, the various portions and provisions of this ordinance are declared to be severable. Section 3. That all ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 18th day of January, 2011. - Mayor Becky Ames - 3 January 18, 2011 Consider approving the purchase of pipe bursting equipment for use by the Water Utilities Department RICH WITH OPPORTUNITY 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: January 18, 2011 REQUESTED ACTION: Council consider approving the purchase of pipe bursting equipment for use by the Water Utilities Department. RECOMMENDATION The administration recommends approval of the purchase from EKA, Inc., of Stone Mountain, Georgia, in the amount of$224,344. BACKGROUND Pricing for the equipment was obtained through the BuyBoard Cooperative Purchasing Program. Buyboard is a cooperative purchasing association which provides cities and political subdivisions with the means to purchase specialized equipment at volume prices. BuyBoard complies with the State of Texas procurement statutes. The trailer-mounted pipe bursting unit will be used to rehabilitate water lines ranging in size from six (6)to sixteen(16) inches. The equipment will provide trenchless technology to install pipe in the ground with minimal disturbance to the surface and public. Basic and extended warranties totaling thirty-six (36) months are included in the purchase. Warranty service is available from the area dealer, Ditch Witch, of Houston. Delivery is estimated at sixty(60) to ninety(90) days. BUDGETARY IMPACT Funds are available in the Water Utilities Fund. 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 one (1) trailer-mounted pipe bursting unit from EKA, Inc., of Stone Mountain, Georgia, in the amount of$224,344 through the BuyBoard, a cooperative purchasing program, for use by the Water Utilities Department. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 18th day of January, 2011. - Mayor Becky Ames - 4 January 18,2011 Consider authorizing the City Manager to receive additional funding in the amount of$171,000 through the Department of Homeland Security Supplemental 2007 Port Security Grant Program and modify a memorandum of understanding with Jefferson County to facilitate expenditure of the additional grant funding through the Port Security Grant Program(PSGP) fiduciary process RICH WITH OPPORTUNITY Cr . � 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: January 18, 2011 REQUESTED ACTION: Council consider authorizing the City Manager to receive additional funding in the amount of$171,000 through the Department of Homeland Security Supplemental 2007 Port Security Grant Program and modify a memorandum of understanding with Jefferson County to facilitate expenditure of the additional grant funding through the Port Security Grant Program (PSGP) fiduciary process. RECOMMENDATION Administration recommends approval. BACKGROUND The Homeland Security Grant Program consists of a number of grant programs, one of which is the Port Security Grant Program (PSGP). This grant can be utilized to enhance the security of the Port of Beaumont and the agencies that support it since it has been designated as critical to national infrastructure. An initial allocation of$1,507,184.25 was received and approved by Council on April 13, 2010. Additional funding in the amount of $171,000,recently became available and we are requesting to utilize this funding to install Shortel phone systems in the Municipal Court and City Hall buildings to replace obsolete systems currently in place. 2007 Supplemental funding was provided to this region as a lump sum to be distributed to the eligible agencies through one entity who oversees the fiduciary process. Jefferson County assumed this fiduciary role at the request of the U.S. Coast Guard. The memorandum of understanding formally describes each party's responsibilities and was also approved by Council on April 13, 2010. The funding amounts in the agreement would need to be adjusted to account for this additional funding. BUDGETARYIMPACT Total project costs are anticipated to be $228,000. Grant funding amounts to 75% or $171,000, of the total and the City has a required match of 25% or$57,000, of the total. Funds for the required match are included in the Capital Reserve Fund's FY 2011 Budget. RESOLUTION NO. WHEREAS, on April 13, 2010, City Council passed Resolution No. 10-093 authorizing the receipt of funding in the amount$1,507,184.25 through the Department of Homeland Security Supplemental 2007 Port Security Grant Program (PSGP); and, WHEREAS, Resolution No.10-093 further resolved that the City Manager was authorized to enter into a memorandum of understanding with Jefferson County to facilitate expenditure of the grant funding through the PSGP fiduciary process; and, WHEREAS, additional funding is available in the amount of$171,000 through the Department of Homeland Security Supplemental 2007 Port Security Grant Program; and, WHEREAS, the City of Beaumont wishes to enter into an Inter-Governmental Agreement with Jefferson County to facilitate expenditure of the grant funding through the PSGP fiduciary process; and, 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 receive additional funding in the amount up to$171,000 through the Department of Homeland Security Supplemental 2007 Port Security Grant Program (PSGP). BE IT FURTHER RESOLVED THAT the City Manager is hereby authorized to enter into an Inter-Governmental Agreement with Jefferson County to facilitate expenditure of the grant funding through the PSGP fiduciary process. The Inter-Governmental Agreement is substantially in the form attached hereto as Exhibit "A" and made a part hereof for all purposes. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 18th day of January, 2011. - Mayor Becky Ames - INTER-GOVERNMENTAL AGREEMENT BETWEEN JEFFERSON COUNTY AND CITY OF BEAUMONT, TEXAS STATE OF TEXAS COUNTY OF JEFFERSON This Agreement between Jefferson County Texas, hereinafter referred to as "County" and the City of Beaumont, Texas hereinafter referred to as "City" is as follows: WHEREAS,the County acts as the Fiduciary Agent for the 2007 Supplemental Port Security Grant Program hereinafter referred to as "2007 SPSGP" administered by the Department of Homeland Security and WHEREAS,the City has submitted and received approval from the Area Maritime Security Committee, Captain of the Port, and the Department of Homeland Security for the following projects: • Shortel phone system for Municipal Court $ 75,000 • Shortel phone system for City Hall 153,000 Total $ 228,000 WHEREAS, Seventy five percent(75%) of the project(s) cost up to a maximum of$171,000 is approved under the 2007 Supplemental Port Security Grant Program. THEREFORE,FOR AND IN CONSIDERATION of the mutual benefits flowing to the City as well as the County as a result of the project 1. The County acting as Fiduciary Agent will draw down these funds from the 2007 Supplemental Port Security Grant Program and issue payment to the City 2. The City has budgeted and made available the twenty five percent(25%) cash match as required by the 2007 SPSGP. 3. The City will ensure that project activities are in accordance with the 2007 SPSGP. ` 4. The County shall fully and satisfactorily perform all of the conditions and obligations as Fiduciary Agent under the terms of the 2007 SPSGP. EXHIBIT "A" 5. The City will fully and satisfactorily perform all of its obligations under the terms of this agreement. 6. This is a good faith effort between the County and the City to accommodate and assist the citizens of Jefferson County by providing the Sabine Neches Waterway with security improvements and each of the entities hereto pledge their best efforts to fulfill the obligation set forth herein this agreement. COUNTY OF JEFFERSON: WITNESS OUR HANDS effective this day of , 2011. Jeff Branick, County Judge ATTEST: Carolyn Guidry, County Clerk, Jefferson County WITNESS OUR HANDS effective this day of , 2010. CITY OF BEAUMONT, TEXAS: Becky Ames, Mayor ATTEST: City Clerk 5 January 18,2011 Consider authorizing the City Manager to apply for and receive funding in an amount up to $140,545.64 through the U.S. Department of Homeland Security, 2011 Emergency Management Performance Grant(EMPG)program RICH WITH OPPORTUNITY [I 11CM ► � 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: January 18, 2011 REQUESTED ACTION: Council consider authorizing the City Manager to apply for and receive funding in the amount of up to $140,545.64 through the U.S. Department of Homeland Security, 2011 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 enhancing and sustaining all-hazards emergency management capabilities. It directly supports developing and carrying out emergency management programs. This includes mitigating costs of compliance with National Incident Management System, 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 2010. BUDGETARYIMPACT City would receive grant funding in a total amount not to exceed $140,545.64 which would partially offset the Emergency Management program's FY 2011 budget of$281,091.28. 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 U.S. Department of Homeland Security, 2011 Emergency Management Performance Grant (EMPG) in the amount of $140,545.64 to assist in developing and carrying out various emergency management programs. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 18th day of January, 2011. - Mayor Becky Ames - 6 January 18,2011 Consider approving a contract to construct a new storage building at the Police Department Pistol Range RICH WITH OPPORTUNITY 11EAUM011* T • E ,• x • A • s City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Patrick Donart, Public Works Director 190 MEETING DATE: January 18, 2011 REQUESTED ACTION: Council consider the award of a bid to construct a new storage building at the Police Department Pistol Range. RECOMMENDATION Administration recommends the award of a contract to G&G Enterprises of Orange, Texas in the amount of$57,500. BACKGROUND The Police Department Pistol Range is located on Lafin Road within the Water Reclamation grounds. Bids were solicited for the construction of a new metal storage building to replace two (2)wooden barn structures that, due to their location, are subject to frequent flooding and block access to a Water Reclamation Pond valve station. The barns will be demolished under a separate contract. Specifications for the new storage building requested a Base Bid for all labor, materials, and equipment necessary to construct an enclosed 30' x 40'metal structure with one (1) overhead coil door and an adjacent 12'x 40' open-sided covered storage area. Bidders were asked to provide alternate pricing for an additional overhead coil door, but due to budgetary constraints, Alternate No. 1 is not recommended for award. The following bids were received: Vendor Base Bid Alt.No. 1 Completion Time G&G Enterprises,Orange,TX $57,500.00 $1,440.00 84 days D&R Commercial Construction Services, Lumberton,TX $64,435.00 $3,850.00 105 days Tri-Point Construction,Kingwood, TX $67,969.00 $1,500.00 90 days Cleveco Construction Co.,Inc.,Lumberton,TX $68,200.00 $4,485.00 90 days Storage Building for BPD Pistol Range January 18, 2011 Page 2 Bruce's General Construction,Inc., Beaumont, TX $68,900.00 $4,320.00 120 days L&L General Contractors,Beaumont,TX $69,900.00 $4,780.00 120 days International Leading Technologies,Inc., Houston,TX $74,073.00 no bid no estimate Brammer Construction, Inc.,Nederland,TX $76,366.00 $6,470.00 95 days H.B.Neild& Sons, Inc.,Beaumont, TX $84,916.00 $4,300.00 90 days Healthy Resources Enterprises,Inc.,Houston, TX $90,652.00 $4,807.00 100 days Triad Retail Construction, Inc., Pearland,TX $93,500.00 $4,400.00 77 days There is no MBE participation on this project. BUDGETARY IMPACT The City of Beaumont and the Federal Bureau of Investigation(FBI) entered into a Memorandum of Understanding on September 28, 2006 that allows the FBI to use the Beaumont Police Department's Pistol Range for training FBI personnel on an as-needed basis for a minimum of ten(10) days per year for thirty(30)years. In lieu of paying a fee per use, the FBI made a one- time payment of$140,000 to the City to be used for Pistol Range repairs and maintenance. Prior purchases and expenditures have left an available balance of approximately$64,900. This balance will be used to fund the construction of the new storage building as well as associated expenses to provide the building with electrical service and a fire alarm. RESOLUTION NO. WHEREAS, bids were solicited for a contract to construct a storage building at the Police Department Pistol Range; and, WHEREAS, G&G Enterprises, of Orange, Texas, submitted a bid in the amount of $57,500; and, WHEREAS, City Council is ofthe opinion that the bid submitted by G&G Enterprises should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT the bid submitted by G&G Enterprises, of Orange, Texas, in the amount of $57,500 for constructing a storage building at the Police Department Pistol Range be accepted by the City of Beaumont. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 18th day of January, 2011. - Mayor Becky Ames - 7 January 18,2011 Consider the appointment of a councilmember to fill the vacancy in the Ward II City Council position for the unexpired term