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PACKET FEB 07 2012
T O R • R • d • REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS FEBRUARY 7,2012 1:30 P.M. CONSENT AGENDA * Approval of minutes—January 24,2012 * Confirmation of committee appointments A) Approve Change Order No. 6 for work at the Downtown Event Centre Complex B) Approve a sic-month extension of the City's Oil,Gas and Mineral Lease with Samson Lone Star,LLC covering 500 acres of land at Tyrrell Park C) Authorize the City Attorney to bring suit to collect delinquent hotel occupancy taxes due the City of Beaumont by J.D. Newton Investment Corporation d/b/a Knights Inn and Capital Certified Development Company D) Authorize the City Manager to execute all documents necessary, specifically including a Lease Agreement,in order for the Beaumont Police Department to have a Police Substation on Prutzman A RICH WITH OPPORTUNITY BEAUM,DN*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: February 7, 2012 REQUESTED ACTION: Council consider approval of Change Order No. 6 for work at the Downtown Event Centre Complex. RECOMMENDATION Administration recommends approval of Change Order No. 6 to C. F. Jordan Construction in the amount of$14,421. BACKGROUND A contract in the amount of$8,126,000 was awarded to C. F. Jordan Construction of Houston for the construction of the new Downtown Event Centre Complex in April 2010. Change Order No. 6 in the amount of$14,421 includes costs associated with adding a mechanical fastening system to granite pieces which are partially submerged at the water's edge, the addition of bird screens in all four overflow spouts, and the replacement of one overflow 8" nozzle with a 10" nozzle. Previously approved change orders include Change Order No. 1 in the amount of$60,101 for unforseen casing and concrete work, Change Order No. 2 in the amount of$56,647 for excavation of fill material, Change Order No. 3 in the amount of$2,031 for relocating mechanical shut off valves, Change Order No. 4 for a credit in the amount of$7,850 for a material substitution, and Change Order No. 5 in the amount of$13,009 for the costs associated with metal fascia framing and additional electrical outlets in the catering area. This change order does not include any additional time for the completion of the work. A copy of the change order is attached for your review. BUDGETARYIMPACT Funds for this change order are available in the Capital Program. #A1A Document G701 r. - 2041 cn, cr FROXCT(Name and ao*w): CWME ORDER ILNNWL 006 OWNER:❑ The Event Center,Lawld,'=dLake DATE:January 11,2012 ARCHITECT:❑ CONTRACTOR:❑ TOZ N TRACTOR(Na'meandwddress): ARCHITECT'S PROJECT NIMISER:CBUn701.B FIELD:❑ CF Jordan Consl:rd i` CONTRACT DATE:5/11/2010 9801 Wertheimer,Ste,320' CONTRACT FOR:General Construction OTHER: Houston,TX 7704€-$978 THE CONTRACT IS AS FOLLOWS: (Iru•we,w re•3ap l ar{y.undisputed amount attributable to previously executed Construction Change Directives) Mechanically hung granite system at water's edge per CIOD 47(attached)...........................................ADD$13,005.00 9t#verll dvp spouts and replace 8"nozzle with a 10"per CIOD 43(attached).............................ADD$1,416.00 Total �r1�4,4�1��fir Tlile original Contrsi t Sum was $ 8,126,000.00 The net: Se by previo slyauthorized Change Orders T $ 123,938.00 he`: RESOLUTION NO. WHEREAS, on April 20, 2010, the City Council of the City of Beaumont, Texas, passed Resolution No. 10-100 awarding a contract in the amount of$8,126,000 to C. F. Jordan Construction, L.L.C., of Houston, Texas, for Alternates 1, 2, 3, 4, 5, 6 and 8 for the construction of the Event Center, Lake and Lawn in downtown Beaumont; and WHEREAS, on December 14, 2010, the City Council of the City of Beaumont, Texas passed Resolution No. 10-326 for Change Order No. 1 in the amount of$60,101 that included costs associated with the unforseen casing and concrete work, additional excavation and rough grading beyond the original scope of work, substitution of aluminum composite exterior building panels, thereby increasing the contract amount to$8,186,101 and extending the completion time by twenty-eight (28) days; WHEREAS, on May 3, 2011, the City Council of the City of Beaumont, Texas passed Resolution No. 11-138 for Change Order No. 2 in the amount of $56,647 for additional costs incurred by the contractor, C.F. Jordan Construction, L.L.C., for the excavation and removal of fill material, thereby increasing the contract amount to $8,242,748; WHEREAS, on June 20, 2011, Change Order No. 3 in the amount of$2,031.00 was executed to extend piping and locate isolation valves for accessibility, thereby increasing the contract amount to $8,244,779 ; and, WHEREAS, on August 17,2011,Change Order No.4 in the amount of($7,850.00) was executed for the use of alternate materials, thereby decreasing the contract amount to $8,236,929; and, WHEREAS, on December 20, 2011, the City Council of the City of Beaumont, Texas passed Resolution No. 11-357 for Change Order No. 5 in the amount of$13,009 for additional framing material and electrical outlets, thereby increasing the contract amount to $8,249,938; and, WHEREAS, Change Order No. 6 in the amount of $14,421 is necessary for the addition of a mechanical fastening system to granite pieces which are partially submerged at the water's edge, the addition of bird screens in all four overflow spouts, and the replacement of one overflow 8" nozzle with a 10" nozzle, thereby increasing the contract amount to $8,264,359; 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. 6 for additional work described above, thereby increasing the contract amount by $14,421 for a total contract amount of$8,264,359. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 7th day of February, 2012. - Mayor Becky Ames - B RICH WITH OPPORTURITT BEAU -01 T • R • a • A • 8 City Council Agenda. Item TO: City Council FROM: Kyle Hayes,City Manager MEETING DATE: February 7,2012 REQUESTED ACTION: Consider approving a six-month extension of the City's Oil, Gas and Mineral Lease with Samson Lone Star, LLC covering 500 acres of land at Tyrrell Park. RECOMMENDATION The Administration recommends approval. BACKGROUND An Oil,Gas and Mineral Lease was executed between the City of Beaumont and Samson Lone Star, LLC on March 24,2009 for a three-year period. Samson is requesting that the Lease be extended for an additional six-month period. BUDGETARY IMPACT Samson will pay the City$125 per net mineral acre(500 acres)to extend the lease which totals $62,500. RESOLUTION NO. WHEREAS,on March 24, 2009,the City Manager executed an Oil, Gas and Mineral Lease between the City of Beaumont, State of Texas(Lessor), and Samson Lone Star, LLC (Lessee),a Texas limited liability company, also known as Samson Exploration, LLC, for 500 acres of land located at Tyrrell Park, situated in the Samuel Slivers Survey for a three(3)year period as described in Exhibit"A," attached hereto and made a part hereof for all purposes; and, WHEREAS, Samson Lone Star, LLC has requested a six(6) month extension of the Oil, Gas and Mineral Lease,thereby making the primary term forty-two(42)months from the original date of the Lease, as described in Exhibit"B," attached hereto and made a part hereof for all purposes; and, 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 six (6) month Extension of Oil, Gas and Mineral Lease with Samson Lone Star, LLC, also known as Samson Exploration, LLC, for 500 acres of land located at Tyrrell Park, situated in the Samuel Stvers Survey, thereby making the primary term forty-two (42) months from the original date of the Lease, as described in Exhibit "B," attached hereto and made a part hereof for all purposes. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 7th day of February, 2012. - Mayor Becky Ames - ! . Mark Smith a Associates , Inc . Harold Thlbo"auxy Manager & Scott Tboppich seutb r*xas Ceer&mtw January 18, 2012 Kyle Hayes City Manager,City of Beaumont P.O.Box 3827 Beaumont,Texas 77704 RE: Extension of Oil, Gas and Mineral Lease Samson Lone Star, LLC Dear Kyle, After speaking with Jim Thompson last week,Samson is acceptable to offering$125 per net mineral acre for the 6 month extension to the City's lease with Samson covering Tyrrell Park. The City of Beaumont owns 100%of the mineral interest of 500.00 acres that makes up Tyrrell Park. Based on$125 per acre,the city will receive$62,500 for extending their current lease for the additional 6 months Samson is seeking. Please let me know if you have any questions or concerns. Sincerely, Shelby Gibbs JAN 74f Phelan MARL Beavaa-It, Tiaras 77M (409)8333133 Fax(4W)8332+416 to v x , � r i 4w . M E t r CA IF i Ito > Age "�r� � �r � +���: r * A or R t t i« O lit 31 1 1: ' .� ji a # ° 1 44 1 1 1 , 1! .4 -4 Ir girl F F G 1-. � �• # � � ��T ��r :�� �� ��� Egg ��� � R � �� as ■�� R�K� � �'�a �� d ! d s •e[[ aR r E 1 JAL at it /• � � �e� ! :� �'� a �r& st atra � �.e�ttfd� �d•���e��� E� �t1� ffiffEW"A" 500.00 acres of 1m4 more or less,being a part of the Sind Silvers Survey, Abetraat No.52,being more pa dcularlgdescribed by metes and bounds in that certain Deed dated May 22,1920 f m the WX.Tyrea Trust to the City of 9 recorded in Volume 1%,Page 416 of the Deed Records of Jefferson County,Texas. 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 NUMBER OR YOUR DRIVERS LICENSE NUMBER. EXTENSION OF OIL,GAS AND MINERAL LEASE STATE OF TEXAS § COUNTY OF JEFFERSON § KNOW ALL BY THESE PRESENTS: THAT, Samson Lone Star, LLC, a Texas linsited liabiiity company, abo known as Samson Exploration,LLC,as Lessee,is the present owner of all rights,title,and interest under that certain 00,Gas and Mineral Lease from the City of Beaumont,a municipal corporation, whose address is P.O.Box 3327,Beaumont,Texas 77704, said lesse dated March 24,2M and recorded at File No.20MI4456 of the Official Public Records of Jeffersm County, Texas,covering the following property: 5W.00 acres of land,more or less,being a part of the Samuel Stivers Survey,Abstract No.51,Jefferson County,Texas;and being more particularly described by metes and bounds in that certain Deed dated May 22, 1920 from the W.C.Tyrrell Trust to the City of Beaumont,recorded in Volume 196,Page 416 of the Deed Records of Jefferson County,Texas. hereinafter called the"Lease";and _ WHEREAS,the Lessor agrees to grow to Lessee the right to extend its primary term as to the above referenced Oil, Gas and Mineral Lease as to all of the acreage covered by the Lease for an additional Six Months(6),and NOW THEREFORE,in consideration of the sum of TEN AND N01100 DOLLARS($10.90)and other good and valuable consideration,the receipt and sufficiency of which are hereby acknowledged,Lessor hereby extends the primary term of the Lease as to all the acreage covered thereby for an additional SIX MONTHS(6) from and after the expiration date of the original primary term in accordance with all of its teams and provisions,and Grantor ratifies and confirms the Lease as extended and lets the property covered thereby to Grantee for the additional SIX (6)MONTH primary term, by exercising this amendment this Lease, shall be automatically amended so that the primary term shall thereafter bd FORTY-TWO(42)MONTHS from the original date of the Lease. EXECUTED,This day of January,2012. GRANTOR: CITY OF BEAUMONT,A MUNICIPAL CORPORATION BY: Kyle Hayes,City Manager EXHIBIT "B" ACKNOWLEDGEMENT STATE OF TEXAS COUNTY OF JEFFERSON This instrument was acimowledipd before me on the day of Ja vary,2#12,by Kyle Hayes, as City Manager of the City of Beaaaont,a municipal corporation,on behalf of said corporation. Notary Public,State of Texas Notary's name(printed): Notary's commission expires c RICH WITH OPPORTIINITY BEAUMON* T • E • X • A • s City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tyrone E. Cooper, City Attorne� MEETING DATE: February 7, 2012 REQUESTED ACTION: Consider a resolution authorizing the City Attorney to bring suit to collect delinquent hotel occupancy taxes due the City of Beaumont by J.D.Newton Investment Corporation d/b/a Knights Inn and Capital Certified Development Company. RECOMMENDATION Administration recommends approval of a resolution authorizing the City Attorney to bring suit to collect delinquent hotel occupancy taxes due the City of Beaumont by J.D.Newton Investment Corporation d/b/a Knights Inn and Capital Certified Development Company. BACKGROUND State law gives to the City of Beaumont authority to levy a tax not to exceed seven percent(7%) of the cost of occupancy of any room or space paid for in a hotel. The hotel or its representative is required to collect the occupancy tax and remit same to the City of Beaumont in a timely manner as it becomes due. The City of Beaumont has enacted Chapter 18,Article 18.03, Sections 18.03.001 through 18.03.007, of the Code of Ordinances to address hotel occupancy taxes. State law also gives to the City Attorney authority to bring suit against the person who has collected and failed to pay the tax to the City when due. At the same time, authority is given to enjoin the person from operating a hotel until the tax is paid in full. Knights Inn at 4085 IH-10 South in Beaumont is delinquent in the remittance of the current hotel occupancy taxes collected for the period of time of September 30, 2011 through December 31, 2011, in the estimated amount of$6,096.58, including penalties and interest. Request is hereby made to bring suit to collect these delinquent hotel occupancy taxes due the City of Beaumont by J.D. Newton Investment Corporation d/b/a Knights Inn and Capital Certified Development Company and to enjoin its operation until these taxes are paid and all reports are filed. BUDGETARYIMPACT Potentially recoverable revenue in the estimated amount of$6,096.58. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Attorney is hereby authorized to file and prosecute a lawsuit against J.D. Newton Investment Corporation d/b/a Knights Inn and Capital Certified Development Company, Beaumont, Texas, to collect delinquent hotel occupancy taxes. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 7th day of February, 2012. - Mayor Becky Ames - RICH WITH OPPORTUNITY JkZ0N* BEAUfq T • E • X • A • s City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: James P. Singletary, Chief of Police MEETING DATE: February 7, 2012 REQUESTED ACTION: Consider a Resolution authorizing the City Manager to execute all documents necessary, specifically including a Lease Agreement, in order for the Beaumont Police Department to have a Police Substation on Prutzman. RECOMMENDATION Administration recommends authorizing the City Manager to execute all documents necessary for a substation at 7135 Prutzman(UCB Realty). BACKGROUND None. BUDGETARYIMPACT The total fee is one dollar($1.00). RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager is hereby authorized to execute a Lease Agreement between the City of Beaumont and UCB Realty, L.P. for a Police Substation located at 7135 Prutzman Road. The 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 7th day of February, 2011. - Mayor Becky Ames - THE STATE OF TEXAS § COUNTY OF JEFFERSON § LEASE AGREEMENT This Lease Agreement is made and entered into by and between UCB Realty,L.P.hereinafter called "Landlord,"and The City of Beaumont,of Jefferson County,Texas, hereinafter called"Tenant." In consideration of the mutual covenants and agreements herein set forth,and other good and valuable consideration,Landlord does hereby demise and lease to Tenant,and Tenant does hereby lease from Landlord,the area identified on a diagram,which is attached as Exhibit A. The leased premises is a portion of certain real property and improvements located at 7135 Prutzman,.in the City of Beaumont, Texas,hereinafter called the"leased premises." The diagram(Exhibit A)illustrates for identification purposes the portion of the real property leased,as well as the common area and parldng area identified herein for use. Dimensions are approximate. ARTICLE 1. TERM OF LEASE 1.1 The term of this Lease shall be for a period of one year,commencing on the date both Tenant and Landlord have executed this lease,unless sooner terminated as herein provided. The lease will automatically renew for a period of one year,at the one dollar per year rate provided herein,unless sooner terminated. ARTICLE 2. RENT 2.1 Tenant agrees to pay to Landlord rent of one dollar per year. 2.2 All rent payable hereunder shall be paid to Landlord by mailing to the address shown, Page 1 of 4 EXHIBIT "A" direct payment,or such other place or places as Landlord may from time to time designate in writing to Tenant,to: UCB Realty L.P. 7410 Phelan Blvd. Beaumont,Texas 77706 ARTICLE 3. BUSINESS 3.1 The intended use and purpose of this leased premises is for use by the Beaumont Police Departrn=4 to the extent and frequency determined by the Beaumont Police Department,for a Police Substation in the West End of Beaumont for purposes of official police business,including report writing and phone work. ARTICLE 4. MAINTENANCE AND SURRENDER 4.1 Landlord agrees to repair and maintain in good condition the roof,foundation,exterior doors,exterior walls,electrical and plumbing systems,major components of the heating and air conditioning systems,the adjacent driveways and parking lot of the leased premises. 4.2 Tenant agrees that throughout the Lease term it will maintain the leased premises in an orderly condition,free from waste or nuisance,normal wear and tear excepted. At the termination of this Lease,Tenant agrees to return the leased premises in a clean and sanitary condition,reasonable wear and tear excepted.Any damage by fire,tornado or other casualty,not caused through the fault of Tenant or any of Tenant's agents,invitees or employees,is also excepted. 4.3 If Tenant fails to pay the amount owed, then Landlord may terminate the Lease Agreement for performance by giving Tenant thirty(30)days written notice to vacate. Notice may be sent to Tenant at the address provided herein. ARTICLE 5. OBLIGATIONS OF LANDLORD AND TENANT 5.1 The annual rental amount stated in Article 2.1 above includes payments for electricity and garbage services. Landlord will provide and allow Tenant and,in particular,Beaumont Police Department Page 2 of 4 Employees, the right of access and use of a restroom provided by Landlord,which is adjacent to the leased space and which is located in the some building as the leased space. Landlord agrees to be responsible for all maintenance and cleaning of this restroom. In addition,police vehicles will be permitted to park in the designated space indicated on the attached diagram(Exhibit A). 5.2 Tenant shall not create any openings in the roof or exterior walls,nor make any alterations,addition&or improvements to the leased premises without the prior written consent of Landlord. Redecorating,refurnishing,painting and other nonstructural renovations which do not decrease the value of the building may be made by Tenant with Landlord's written consent. Tenant shall have the right at all times to erect or install fixtures,provided that Tenant complies with all applicable governmental laws, ordinances and regulations. Tenant agrees to remove,not latex than thirty(30)days after the termination of this Lease,any fixtures so installed,provided Tenant is not in default under any of the terms,covenants or conditions of this Luse. 5.3 Tenant shall have the right to install any signs on the leased premises;however,Tenant shall be wholly responsible for any and all direct or consequential damage caused by the placement, erection or removal of such signs. Tenant shall remove all signs at the termination of this Luse and shall repair any damage and close any holes caused by such removal. 5.4 Landlord shall not be liable to Tenant for losses to person or property caused by other Tenants or by theft,burglary,assault, vandalism or other crimes. Landlord shall not be liable for personal injury or for damages to or loss of Tenant's personal property from fire,flood,water,leaks or other occurrences,unless such damage or injury is caused by negligence of Landlord. 5.5 Either party to this lease may cancel this lease within thirty(30)days notice of said termination in writing. Any obligation to pay rent under this lease will also terminate with such cancellation. Tenant agrees that within thirty(30)days of the cancellation of this lease by either party,it will remove all of Tenant's property therefrom. Page 3 of 4 ARTICLE 6. MISCELLANEOUS 6.1 No amendment,modification or alteration of the terms of this agreement shall be binding unless made in writing,dated after the execution date of this agreement and duly signed by the Landlord and Tenant.No subletting or assignment is permitted under this lease. 6.2 Should Tenant hold over on the leased premises,or any part thereof,after the expiration of the initial term of this Lease or any extension thereof,unless otherwise agreed in writing,such holding over shall constitute and be construed as a tenancy from month-to-month only,at a rate of one dollar per month. The inclusion of Section 6.2 shall not be construed as Landlord's automatic consent for Tenant to hold over. Contract information for all parties is as follows: Landlord : Tenant: UCB,Realty L.P. City Manager 7410 Phelan Blvd. City of Beaumont Beaumont,Texas 77706 P. O.Box 3827 Beaumont,TX 77704-3827 Phone.409-861-4807 Phone: 409-880-3720 Phone:409-866-5444 EXECUTED,this the day of ,2012. LANDLORD TENANT: UCB Realty L.P. CITY OF BEAUMONT chael)E enz Kyle Hayes,City Manager Page 4 of 4 u t . I t i . I t to I t t i I i • t t BIG viva Ori0A'1 walvT REAN W- T X * X * A * 0 REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS FEBRUARY 7,2012 1:30 P.M. AGENDA CALL TO ORDER * Invocation Pledge Roll Call * Presentations and Recognition * Public Comment: Persons may speak on scheduled agenda items 5-13/Consent Agenda * Consent Agenda GENERAL BUSINESS 1. Consider a request for a zone change from RS (Residential Single Family Dwelling)District to GC-MD(General Commercial-Multiple Family Dwelling) District at 3120 Shannon 2. Consider a request for a zone change from RS(Residential Single Family Dwelling)District to GC-MD-2 (General Commercial-Multiple Family Dwelling- 2)District at 7825 and 7835 Highway 105 3. Consider a request for a specific use permit to allow a church in a GC-MD-2 (General Commercial-Multiple Family Dwelling-2)District at 2750 E. Lucas 4. Consider a request for a specific use permit to allow a halfway house for offenders and others in a GC-MD(General Commercial-Multiple Family Dwelling)District at 3305 Magnolia 5. Consider approving the abandonment of 151' of an existing waterline easement located at the BISD Westbrook School campus 6. Consider amending Section 2.03.075 of the Code of Ordinances to add an Assistant Chief position within the Beaumont Police Department 7. Consider approving a contract for the renovation of the R. C. Miller Library 8. Consider approving the purchase of furniture for the R. C. Miller Library 9. Consider approving the purchase of a natural gas powered generator to power the Municipal Transit offices and maintenance facility during power outages 10. Consider approving a contract for the purchase of High Density Polyethylene Pipe for use by the Water Utilities Department 11. Consider approving a resolution accepting the Calder Avenue Drainage and Pavement Improvement Project—Phase II 12. Consider approving a resolution accepting the Cartwright/Corley Drainage Project 13. Consider approving a contract for asphalt paving work in coordination with the Streets and Drainage Division COMMENTS * Councilmembers/City Manager comment on various matters * Public Comment(Persons are limited to 3 minutes) EXECUTIVE SESSION * Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Goverment Code: Yvonne Como v. City of Beaumont,Texas;No. 09-10-00192-CV City of Beaumont v. Clifford Teasley;No. 09-10-00193-CV 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 February 7,2012 Consider a request for a zone change from RS (Residential Single Family Dwelling)District to GC-MD (General Commercial-Multiple Family Dwelling) District at 3120 Shannon RICH WITH OPPORTUNITY BEAU`NO:N* T • E • z • A • S City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager C� PREPARED BY: Chris Boone, Community Development Director MEETING DATE: February 7, 2012 REQUESTED ACTION: Council consider a request for a zone change from RS (Residential Single Family Dwelling)District to GC-MD (General Commercial-Multiple Family Dwelling) District at 3120 Shannon. RECOMMENDATION The Administration recommends approval of the zone change. BACKGROUND Patricia Lanier,representing YBL Estate,has applied for a zone change. Ms. Lanier states that the purpose of the zone change is to correct a zoning discrepancy that has existed for many years. The building on the subject property and adjacent properties to the north was originally occupied by H &W Welding. Around 1980, it became the home of American Aluminum and was so until 2010. When recently preparing the building for a new tenant,it was discovered that the south part of the building was zoned RS. In order to make the zoning compliant with the commercial use of the building, Ms. Lanier is asking for the zone change. At a Joint Public Hearing held January 23, 2012,the Planning Commission recommended approval 8:0 of a request for a zone change from from RS (Residential Single Family Dwelling) District to GC-MD (General Commercial-Multiple Family Dwelling)District at 3120 Shannon. BUDGETARY IMPACT None. ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING CHAPTER 28 OF THE CODE OF ORDINANCES OF BEAUMONT,TEXAS,AND IN PARTICULAR THE BOUNDARIES OF THE ZONING DISTRICTS, AS INDICATED UPON THE ZONING MAP OF BEAUMONT, TEXAS, BY CHANGING THE ZONING OF PROPERTY PRESENTLY ZONED RS (RESIDENTIAL SINGLE FAMILY DWELLING) DISTRICT TO GC-MD (GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING) DISTRICT AT 3120 SHANNON AVENUE, BEAUMONT, JEFFERSON COUNTY, TEXAS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: Section 1. That Chapter 28 of the Code of Ordinances of Beaumont, Texas, and in particular the boundaries of the zoning districts, as indicated upon the Zoning Map of the City of Beaumont, referred to in Section 28.01.005(b)thereof, is hereby amended by changing the zoning of property presently zoned RS (Residential Single Family Dwelling)District to GC- MD(General Commercial-Multiple Family Dwelling)District at 3120 Shannon Avenue, City of Beaumont, Jefferson County, Texas, being Lot 2, Block 3, South End Addition, City of Beaumont, Jefferson County, Texas, containing 0.14 acres, more or less, as shown on Exhibit "A," and the official zoning map of the City of Beaumont is hereby amended to reflect such changes. Section 2. That, in all other respects, the use of the property herein above described shall be subject to all of the applicable regulations of the underlying zoning district as well as those regulations contained in Chapter 28 of the Code of Ordinances of Beaumont, Texas, as amended. Section 3. That if any section, subsection, sentence, clause of phrase of this ordinance, or the application of same to a particular set of persons or circumstances, should for any reason be held to be invalid, such invalidity shall not affect the remaining portions of this ordinance, and to such end, the various portions and provisions of this ordinance are declared to be severable. Section 4. That all ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only. Section 5. That any person who violates any provision of this ordinance shall, upon conviction, be punished, as provided in Section 1.01.009 of the Code of Ordinances of Beaumont, Texas. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 7th day of February, 2012. - Mayor Becky Ames - y File 2118- : Request for a zone change from RS (Residential Single Family Dwelling) District to GC-MD (General Commercial-Multiple Family Dwelling)District or more restrictive district. Location: 3120 Shannon pplicant: Patricia Lanier 0 100 200 I 1 I Feet Legend ® 2118Z G -MD s G��S► R-S ti CA N C`C=M R-S N a Z z R=S a M R=S GC-MD NC E CHAPIN ST R-S R-S GC-MD EXHIBIT "A" 2 February 7,2012 Consider a request for a zone change from RS (Residential Single Family Dwelling)District to GC-MD-2 (General Commercial-Multiple Family Dwelling-2)District at 7825 and 7835 Highway 105 RICH WITH OPPORTUNITY BEAUMON' * T • E • X • A • s City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Chris Boone, Community Development Director MEETING DATE: February 7, 2012 REQUESTED ACTION: Council consider a request for a zone change from RS (Residential Single Family Dwelling)District to GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District at 7825 and 7835 Highway 105. RECOMMENDATION The Administration recommends denial of the zone change. BACKGROUND Mike Aref has applied for a zone change. The property owner states that he would like to rezone the property so that he can build a 4,500 sq. ft. shopping center. This zone change request could be considered spot zoning. Spot zoning connotes an unacceptable zone that singles out a single tract for treatment that differs from that accorded similar surrounding land without proof of changes and conditions. When faced with such a situation, several issues must be resolved to determine if the zone change is indeed a spot zoning situation. Those issues are as follows: • The law demands that the approved zoning plan be respected and not altered for the special benefit of the landowner when the change will cause substantial detriment to the surrounding land or serve no substantial public purpose. Would the zone change be in compliance with the adopted comprehensive plan? ANSWER: The subject property is totally surrounded by RS zoning. While a "grandfathered"kennel is immediately to the east of the subject property,the other developed tracts in the immediate vicinity of the request are single family residential in nature. Across Hwy. 105, a proposed church recently received a specific use permit in an RS District. The Comprehensive Plan designates this area along Hwy. 105 as a Neighborhood Growth Unit. As such, a Neighborhood Growth Unit allows for a diversity of housing types and convenient access to parks, schools, and shopping centers while still protecting single family residential areas from intrusions of incompatible land uses. Commercial uses are typically located at the intersections of major thoroughfares. The nearest commercial uses,other than the grandfathered kennel, is approximately 700'west of the subject property. Rezoning this property could cause substantial detriment to the surrounding residential uses and serve no substantial public purpose. The rezoning may increase the value of the subject property at the expense of surrounding residential properties. The change would not be in compliance with the adopted comprehensive plan in that it would permit a commercial strip approximately 2,100' from the Hwy. 105/Major Dr. intersection and approximately 4,700' from the Hwy. 105/Keith Rd. intersection. • Will this change adversely impact the surrounding properties? The nature and degree of an adverse impact upon neighboring lands is important. Lots that are rezoned in a way that is substantially inconsistent with the zoning of the surrounding area,whether more or less restrictive, are likely to be invalid. ANSWER: Rezoning the subject property to GC-MD-2 would be inconsistent with the surrounding zoning. • Is the tract of land suitable or unsuitable for use as presently zoned? This is a factor. The size, shape and location of a tract of land or lot may render it unusable or even confiscatory as zoned. ANSWER: The land is perfectly suitable for single family residential uses. The argument might be made that commercial uses are more appropriate along Hwy. 105. However,the land along this stretch of Hwy. 105 has historically been developed with residential uses. • Does the proposed zone change bear a substantial relationship to the public health, safety,morals or general welfare or protect and preserve historical and cultural places and areas. The amendatory ordinance must bear a substantial relationship to the aforementioned considerations. ANSWER: The proposed change does not bear a substantial relationship to the public health, safety,morals or general welfare or protect and preserve historical and cultural places and areas. At a Joint Public Hearing held January 23, 2012,the Planning Commission recommended denial 8:0 of a request for a zone change from from RS (Residential Single Family Dwelling) District to GC-MD-2 (General Commercial-Multiple Family Dwelling-2)District at 7825 and 7835 Highway 105. BUDGETARY IMPACT None. ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING CHAPTER 28 OF THE CODE OF ORDINANCES OF BEAUMONT,TEXAS,AND IN PARTICULAR THE BOUNDARIES OF THE ZONING DISTRICTS, AS INDICATED UPON THE ZONING MAP OF BEAUMONT, TEXAS, BY CHANGING THE ZONING OF PROPERTY PRESENTLY ZONED RS (RESIDENTIAL SINGLE FAMILY DWELLING) DISTRICT TO GC-MD-2 (GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING- 2) DISTRICT AT 7825 AND 7835 HIGHWAY 105, BEAUMONT, JEFFERSON COUNTY, TEXAS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: Section 1. That Chapter 28 of the Code of Ordinances of Beaumont, Texas, and in particular the boundaries of the zoning districts, as indicated upon the Zoning Map of the City of Beaumont, referred to in Section 28.01.005(b)thereof, is hereby amended by changing the zoning of property presently zoned RS (Residential Single Family Dwelling)District to GC- MD-2(General Commercial-Multiple Family Dwelling-2)District at 7825 and 7835 Highway 105, City of Beaumont, Jefferson County, Texas, being Lots 1 and 2, Mize Estates, City of Beaumont, Jefferson County, Texas, containing 0.72 acres, more or less, as shown on Exhibit "A," and the official zoning map of the City of Beaumont is hereby amended to reflect such changes. Section 2. That, in all other respects, the use of the property herein above described shall be subject to all of the applicable regulations of the underlying zoning district as well as those regulations contained in Chapter 28 of the Code of Ordinances of Beaumont, Texas, as amended. Section 3. That if any section, subsection, sentence, clause of phrase of this ordinance, or the application of same to a particular set of persons or circumstances, should for any reason be held to be invalid, such invalidity shall not affect the remaining portions of this ordinance, and to such end, the various portions and provisions of this ordinance are declared to be severable. Section 4. That all ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only. Section 5. That any person who violates any provision of this ordinance shall, upon conviction, be punished, as provided in Section 1.01.009 of the Code of Ordinances of Beaumont, Texas. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 7th day of February, 2012. - Mayor Becky Ames - , Ffie2119- : Request for a zone change from RS (Residential Single Family Dwelling) District to G4C--MD-2(General Commercial-Multiple family Dwelling-2) District or more restrictive district. Location: 7525 and 7835 Highway 105 Applicant: Mike Aref 0 100 200 300 400 I I I I I Feet Legend ® 2119Z Z R-S R=S F1VV1(105 TOLNAR RD R-s 1 LN ;K -S R- , m z z z z R-S N R-S EXHIBIT "A" 3 February 7,2012 Consider a request for a specific use permit to allow a church in a GC-MD-2 (General Commercial-Multiple Family Dwelling-2)District at 2750 E. Lucas Alan WITS OPPORTUNITY BEAM*T • > • g • A • s City C oanei� Agenda. Item TO: City Council FROM: Kyle Hayes,City Manager PREPARED BY: Chris Boone, Community Development Director MEETING DATE: February 7,2012 REQUESTED ACTION: Council consider a request for a specific use permit to allow a church in a GC-MD-2 (General Commercial- Multiple Family Dwelling-2)District at 2750 E. Lucas. RECOMMENDATION The Administration recommends approval subject to the following conditions: 1. The building will be required to meet the appropriate fire and building codes. 2. The parking lot must be revised to provide adequate access for fire trucks. BACKGROUND Pastor Harry Thomas,representing Greater Works of Faith Worship Center,has applied for a specific use permit. The church will occupy a building that was formerly used as a reception hall. Pastor Thomas states that there are currently 27 members of the church. Services will be held on Wednesdays from 7 p.m. -9 p.m. and on Sundays from 10:30 a.m.to 12:00 p.m. In addition, other normal church activities such as weddings,banquets,etc.will be held. The south 150'of the subject property is zoned GC-MD. In January,2006,the former property owner rezoned the north 267'to GC-MD-2. In March,2007, City Council granted a specific use to the former property owner for a reception hall. The building is no longer used as a reception hall. Since the use of the building is changing,GC-MD-2 zoning requires a specific use permit for the church. At a Joint Public Hearing held January 23,2012,the Planning Commission recommended approval 8:0 of a specific use permit to allow a church in a GC-MD-2 (General Commercial- Multiple Family Dwelling-2)District at 2750 E. Lucas subject to the following conditions: 1. The building will be required to meet the appropriate fire and building codes. 2. The parking lot must be revised to provide adequate access for fire trucks. BUDGETARY IMPACT None. ORDINANCE NO. ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A CHURCH IN A GC-MD-2 (GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING-2) DISTRICT AT 2750 E. LUCAS DRIVE IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS, Greater Works of Faith Worship Center has applied for a specific use permit to allow a church in a GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District at 2750 E. Lucas Drive, being the North 267' ± of Lot 1, Block 1, Lucas Acres, City of Beaumont, Jefferson County, Texas, containing 0.64 acres, more or less, as shown on Exhibit 'A" attached hereto; and, WHEREAS, the Planning and Zoning Commission of the City of Beaumont considered the request for a speck use permit to allow a church in a GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District at 2750 E. Lucas Drive; and, WHEREAS, the City Council is of the opinion that the issuance of such specific use permit is in the best interest of the City of Beaumont and its citizens, subject to the following conditions; • The building will be required to meet the appropriate fire and building codes. • The parking lot must be revised to provide adequate access for fire trucks. NOW, THEREFORE, BE IT ORDAINED 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, Section 1. That a specific use permit to allow a church in a GC-MD-2 (General Commercial- Multiple Family Dwelling-2) District at 2750 E. Lucas Drive, being the North 267' t of Lot 1, Block 1, Lucas Acres, City of Beaumont, Jefferson County, Texas, containing 0.64 acres, more or less, as shown on Exhibit 'A" attached hereto; and, is hereby granted to Greater Works of Faith Worship Center, its legal representatives,successors and assigns, as shown on Exhibit"B,"attached hereto and made a part hereof for all purposes, subject to the following conditions; • The building will be required to meet the appropriate fire and building codes. • The parking lot must be revised to provide adequate access for fire trucks. Section 2. That the specific use permit herein granted is expressly issued for and in accordance with each particular and detail of the site plan attached hereto as Exhibit"B," attached hereto and made a part hereof for all purposes. Section 3. Notwithstanding the site plan attached hereto,the use of the property herein above described shall be in all other respects subject to all of the applicable regulations contained in Chapter 28 of the Code of Ordinances of Beaumont, Texas, as amended, as well as comply with any and all federal, state and local statutes, regulations or ordinances which may apply. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 7th day of February, 2012. - Mayor Becky Ames - Y 2120-P: Request for a specific use permit to allow a church in a GC-MD-2 (General Commercial-Multiple Family Dwelling-2)District. Location: 2750 E. Lucas Applicant: Pastor Barry Thomas for Greater Works of Faith Ministries 0 100 200 Feet Legend ® 2120P R-S 0 0 U. GC-MC E LUCAS DR 0 R S a R=S R-S m EXHIBIT "A" t 1 . i S Sve 1Di S SLIr lar-S S/f Ir Ir-a st-dr b !! LAY As L� r L ' e •--a�a��e.—�a�a��c-tea-� a n udmscp.I¢ Z Qf y r-o'Iaral ' pI.WLY PFNCE e aaacr I81[e s A i* r L V ® s s r 2 x p r . [• p p © s s at ri p M s � � x �wwo avee 4 Fa • a l.r=_ a7 y a . P'�MCF/F110E � y I 1 be o ; rxolm[ ' C®r ; �` WbrF� 4 4 I w-II 1/rr • 1 1 4 4 ® a a �lI1ELEM.. • a a 1 .i Fd 310m 3117r —E—�E--•E��j���•i6Z��E r—r—.---a -- r r—r. r—r—■—•—r• A. a nvE n.dr Irr – �–—– LUCAS aiC R ST . N (..'Pu RO.r.I EET N WXR OW B�n.41 *Approval subject to the following conditions: MIA PI-W 1. The building will be required to meet the appropriate fire and building codes. 2. The parking lot must be revised to provide adequate access for fire trucks. EXHIBIT "B" 4 Febmary 7,2012 Consider a request for a specific use permit to allow a halfway house for offenders and others in a GC-MD (General Commercial-Multiple Family Dwelling)District at 3305 Magnolia a RICH WITH OPPORTUNITY BEAU,N-'ON* T • E • X • A • S City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Chris BooneGC�mmunity Development Director MEETING DATE: February 7, 2012 REQUESTED ACTION: Council consider a request for a specific use permit to allow a halfway house for offenders and others in a GC- MD (General Commercial-Multiple Family Dwelling) District at 3305 Magnolia. RECOMMENDATION The Administration recommends denial of the request. BACKGROUND Marcia Garner with A Chance For a New Beginning has applied for a specific use permit. Ms. Garner states that the facility will house up to 20 male clients and offer transitional to permanent housing with an average stay of 6 to 12 months. The program that will be conducted at the halfway house will provide shelter, food, clothing, community service,religious study, daily counseling,meetings for 12 step programs and job training. In the information provided by Ms. Garner, she mentions also providing substance abuse and sex offender rehabilitation classes. The target market will be single parents, ex-offenders, low income persons,the homeless and the unemployed. Ms. Garner say that the halfway house will focus on the following areas within the target market: 1. Rehabilitation so that ex-offenders and the homeless can re-integrate back into society rehabilitated. 2. Training to maintain skills and education for job placement. 3. Housing for low-income persons, ex-offenders and the homeless. 4. Jobs so that there is less unemployment,homelessness and crime. The Planning Manager is recommending denial based upon the fact that while the property is zoned GC-MD,the broader area surrounding the property is predominately single family residential. The proposed use would not only affect property values but,more importantly,be a detriment to the safety of the neighborhood. While the Planning Manager recognizes that there must be places for such facilities, the protection of this predominately residential area must be the first priority. In addition to the concerns of the Planning Manager,the Fire Marshall recommends that further investigation be done on how the structure is going to be brought up to code. A change in occupancy requires that the structure meet current codes. At a Joint Public Hearing held January 23, 2012,the Planning Commission recommended denial 8:0 of a specific use permit to allow a halfway house for offenders and others in a GC-MD (General Commercial-Multiple Family Dwelling)District at 3305 Magnolia. BUDGETARYIMPACT None. I ORDINANCE NO. ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A HALFWAY HOUSE FOR OFFENDERS AND OTHERS IN A GC-MD (GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING) DISTRICT AT 3305 MAGNOLIAAVENUE IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS, A Chance For A New Beginning has applied for a specific use permit to allow a halfway house for offenders and others in a GC-MD (General Commercial- Multiple Family Dwelling) District at 3305 Magnolia Avenue, being the Lots 20 and 21, Block 11, Forrest Addition, City of Beaumont, Jefferson County, Texas, containing 0.33 acres, more or less, as shown on Exhibit "A," attached hereto; and, WHEREAS, the Planning and Zoning Commission of the City of Beaumont considered the request for a specific use permit to allow a halfway house for offenders and others in a GC-MD (General Commercial-Multiple Family Dwelling) District at 3305 Magnolia Avenue; and, WHEREAS, the City Council is of the opinion that the issuance of such specific use permit is in the best interest of the City of Beaumont and its citizens; NOW, THEREFORE, BE IT ORDAINED BY THE CITY 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, Section 1. That a specific use permit to allow a halfway house for offenders and others in a GC-MD(General Commercial-Multiple Family Dwelling)District at 3305 Magnolia Avenue, being Lots 20 and 21, Block 11, Forrest Addition, City of Beaumont, Jefferson County, Texas, containing 0.33 acres, more or less, as shown on Exhibit"A,"attached hereto; and, is hereby granted to A Chance For A New Beginning, its legal representatives, successors and assigns, as shown on Exhibit "B," attached hereto and made a part hereof for all purposes. Section 2. That the specific use permit herein granted is expressly issued for and in accordance with each particular and detail of the site plan attached hereto as Exhibit"B," attached hereto and made a part hereof for all purposes. Section 3. Notwithstanding the site plan attached hereto,the use of the property herein above described shall be in all other respects subject to all of the applicable regulations contained in Chapter 28 of the Code of Ordinances of Beaumont, Texas, as amended, as well as comply with any and all federal, state and local statutes, regulations or ordinances which may apply. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 7th day of February, 2012. - Mayor Becky Ames - - : Request for a specific use permit to allow a halfway house for offenders and others in a GC-MD (General Commercial-Multiple Family Dwelling)District. Location: 3305 Magnolia Applicant: A Chance For A New Beginning 0 100 200 I I I Feet Legend ® 2122P C-MD R-S R-S `��► GC-MD ZO ' R-S G 41 R-S I RS 'P R-S R-S GC-M.D R-S GC-MD R-S GC ' D EXHIBIT "A" U 0 a „8, 1181HX3 t` Y' ! i M i r a co + CIA t 9� Vit 4 ; 3 ry to • 5c i CIA t 9� Vit 4 ; 3 ry 5 February 7,2012 Consider approving the abandonment of 15 V of an existing waterline easement located at the BISD Westbrook School campus RICH WITH OPPORTUNITY B�EAUNIIIDIN*1 T • E • X • A • s City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Chris Boone, Community Development Director MEETING DATE: February 7, 2012 REQUESTED ACTION: Council consider the abandonment of 151'of an existing waterline easement with the BISD Westbrook School campus. RECOMMENDATION The Administration recommends approval of the abandonment subject to the following condition: 1. A new water line easement will need to be dedicated and the existing 8"water main will need to be relocated at BISD's expense. BACKGROUND Beaumont Independent School District has applied for the abandonment of a portion of a waterline easement. The abandonment request is for a portion of a utility easement along the north side of the existing sport field house. The abandonment of the easement will allow construction of expanded field house facilities. Construction of the field house was begun when it was determined that the building would be over the water line and easement No active public utilities have been found on site or identified within this segment of the easement. According to BISD's civil engineer,the only option available for expansion is to extend the field house to the north. Draft plans have been submitted to the City showing the location of the easement. This item was sent to all interested parties. Water Utilities has no objections to the requested abandonment. However,Water Utilities will require BISD to pay for the relocation of the water main and the dedication of a new easement. In addition, City workers will make taps at the contractor's expense. At a Regular Meeting held January 23,2012, the Planning Commission recommended approval 8:0 of the abandonment subject to the following condition: 1. A new water line easement will need to be dedicated and the existing 8" water main will need to be relocated at BISD's expense. BUDGETARY IMPACT None. Fittz&Shipman INC. Consulting Engineers and Land Surveyors Ronald D.Fittz,P.E.,R.P.L.S.(1948-1987) Terry G.Shipman,P.E.,Chairman Billy J.Smith,Jr.,President Donald R.King,P.E. Walter J.Ksiazek,R.P.L.S. December 16, 2011 Mr. Steve Richardson City Planning Director City of Beaumont 801 Main Street, Room 205 Beaumont,TX 77701 RE: Request to Abandon Easement FS Proj. No.09048 Tsk.34 BISD West Brook Campus, Portion of Waterline Easement Beaumont,Texas Dear Mr. Richardson: The Beaumont Independent School District requests the abandonment of a.Portion of Waterline Easement along the north side of the existing sport field house. This request is made to allow construction of expanded field house facilities on the site to accommodate the growing community needs. Construction of the field house was begun over the existing waterline and easement when it was determined the building would be over the water line. We have previously submitted a draft easement for relocation of the existing water line around the north side of the proposed building expansion. We therefore request abandonment of the existing easement to alleviate this issue. The existing easement, as you can see from the plat and legal description provided with this letter, runs directly through the school campus and is roughly adjacent to the old field house building. As this campus is orientated with no room left for an expansion of the existing building to the south, the only option available to the District is to add an extension to the existing field house building to the north. The building extension will encroach into the existing easement if it is not abandoned by the City. No active public utilities has been found on site or identified within the segment of the utility easement submitted for abandonment. Your help is this matter is greatly appreciated by BISD and the West Brook High School staff and students. If you would like to discuss this invoice, please feel free to contact me by phone at 409-832-7238. Sincerely, FITTZ£d SHIPNAN,INC. onald R. Ki , For the Firm 09048tsk34LTR1 Attachment 1405 Cornerstone Court• Beaumont,Texas 77706• (409) 832-7238 •fax(409) 832-7303 Tx Board of Prof Engineers Firm No. 1160•Tx Board of Prof Land Surveyors Firm No. 100186 ORDINANCE NO. ENTITLED AN ORDINANCE VACATING AND ABANDONING 151' OF AN EXISTING WATERLINE EASEMENT LOCATED AT WESTBROOK HIGH SCHOOL, 8750 PHELAN BOULEVARD, BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS, the Beaumont Independent School District has applied for the abandonment of 151'of an existing waterline easement located at Westbrook High School, 8750 Phelan Boulevard, City of Beaumont, Jefferson County, Texas, as described in Exhibit "A" and shown on Exhibit "B," attached hereto; and, WHEREAS, the City Council has considered the purpose of said abandonment and is of the opinion that the easement is no longer necessary for municipal utility purposes and the abandonment of said easement is in the best interest of the City and should be granted, subject to the following condition; • A new waterline easement will need to be dedicated and the existing 8" water main will need to be relocated at BISD's expense. NOW, THEREFORE, BE IT ORDAINED 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 151' of an existing waterline easement located at Westbrook High School, 8750 Phelan Boulevard, City of Beaumont, Jefferson County, Texas, as described in Exhibit"A"and shown on Exhibit"B," attached hereto, be and the same is hereby vacated and abandoned and that title to such property shall revert to and become the property of the persons entitled thereto by law, subject to the following condition; • A new waterline easement will need to be dedicated and the existing 8" water main will need to be relocated at BISD's expense. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 7th day of February, 2012. - Mayor Becky Ames - LEGAL DESCRIPTION FOR ORDINANCE PURPOSES Commencing at a 3/8" iron rod found in the south right-of-way line of Manion Drive for the northwest comer of the said 100.00 acre tract from which an aluminum disk found in the north right-of-way line of Phelan Boulevard bears South 00°09'19"West 2859.55 feet (called South 00°09'19" West); THENCE South 00009'19"West along the west line of the said 100.00 acre tract a distance of 1334.02 feet to a point from which an aluminum disk found for the northwest comer of a called 1.194 acre tract conveyed to Jefferson County Drainage District No. 6 as recorded in Clerk's File No. 2002027331 of the Official Public Records of Jefferson County,Texas bears South 00°09'19"West 1475.56 feet(called South 00 009'19" West); THENCE South 89 050'46"East a distance of 990.39 feet to an angle point of a called 0.264 acre tract for an exclusive city water line easement to the City of Beaumont as recorded in Clerk's File No. 2011026464 of the Official Public Records of Jefferson County,Texas; THENCE South 89°49'17"East along a north line of the said 0.264 acre tract a distance of 79.96 feet(called South 87 02424" East)to a point for the northwest comer of the said 0.0325 acre tract and the POINT OF BEGINNING; THENCE South 89049'l 7"East continuing along the said north line of the 0.264 acre tract a distance of 131.43 feet(called South 87 024'24" East)to a point for the northeast comer of the said 0.264 acre tract; THENCE South 44 055'30"East along the east line of the said 0.0325 acre tract a distance of 14.17 feet to a point in an interior line of the said 0.264 acre tract for the southeast corner of the said 0.0325 acre tract; THENCE North 89 049'17"West along the said interior line of the 0.264 acre tract and the south line of the said 0.0325 acre tract a distance of 141.43 feet(called North 87°24'24" West)to a point for the southwest comer of the said 0.0325 acre tract; THENCE North 45 004'30"East along the west line of the said 0.0325 acre tract a distance of 14.12 feet to the POINT OF BEGINNING and containing 0.0324 acres of land,more or less. EXHIBIT "A" 9p VZO 0, smug i MANION DRIVE EWBIT 'I PAGE 3 OF 3 NUMBER DIRECTION DISTANCE L1 S 89'4917' E 79.96 CALLED S 8724'24'E VC(FOUND MMENCING L2 S 89'49'17' E 131.43 POINT CALLED S 87'24'24'E IRON ROD SOUTH PARK INDEPENDENT S 44' 0 14.17 SCHOOL DISTRICT N 89'491 W 1151.43 N VOL 1492, PG. 5,D.R.J.0 CALLED 45-04-30- E 14.12 M A. HUSTON LEAGUE, (CALLED 100.00 ACRES) POINT OF BEGINNING ABANDONMENT OF A 3 A-3 PORTION OF A 10' WADE EXCLUSIVE ABANDONMENT OF A WATER EASEMENT PORTION OF A C) 0.0325 ACRE 10' WIDE EXCLUSIVE P CITY OF BEAUMONT WATER EASEMENT z O1 N p _ EXCLUSIVE CITY WATER LINE EASEMENT 0.0325 ACRE , CLERKS FILE N0. O.P.R.J.C. m (CALLED 0.263 3 ACRE-NO ACRE-N0. 2) ■ —" L1 L2 O1 S 89'50 46 E 990.39 L4 �S CITY OF BEAUMONT m p0 EXCLUSIVE CITY WATER LINE EASEMENT p CLERKS FILE NO. 2011026464. O.P-R.J.C. N (CALLED 0.264 ACRE) row top •-o II ~U Z3 O �H N FOUND H ao ALUMINUM I I p W Y w Q DISK JEFFERSON COUNTY DRAINAGE DISTRICT NO 6 I I dS'v O CLERKS L N0. 20 0 202 7 3 31,O.P.R.J.C. N LLED 1.794 ACRES) W P N• OFIr =PHEN BOULEVARD .�>�.5,,,.. .� -biBTE,p9.r , -- FND AWMNUM -= t ee # I ( L''Y O 50 ►- E00 DISK WAV on J. KSIAZE S C; I I A SURVEYORS CERTIFICATION: ` � tewe*bQ' _,-.-•---_._..___--- ... --. .. .. I DO HEREBY CERTIFY, TO THE BEST OF MY KNOWLEDGE AND BELIEF. _- THAT THIS IS AN ACCURATE PLAT DF'A-SURVE-&-DESBRIPi19N-MADE------ 0:\PROJECTS\09048\TASK 34-1est Brook Water Llne Esmt\09048T34.dwg Nov 04, 20i1 08:2tam ON THE GROUND UNDER MY SUPERVISION DURING JUNE 2011. � ABANDONMENT OF A PORTION OF A 10' WIDE WATER I,INE EASEMENT FSHEET N0. •ttz h1 p rnan INC. PROJECT NAPE: BISD 3 WESTBROOK HIGH SCHOOL BEAUMONT, TEXAS PROJECT ND. WALTER J. KSIAZEK 1405 CORNERSTONE COURT. (409) 32 TEXAS 09048 T34 REGISTERED PROFESSIONAL LA SURVEYOR 5321 (409)832-7238 FAX(409)832-7303 DA' 'i'11-3-11 T.B.P.E.FIRM#1160 a LXLS.FIRM/,00188 *Approval subject to the following condition: 1. A new water line easement will need to be dedicated and the existing 8"water main will need to be relocated at BISD's expense. 6 February 7,2012 Consider amending Section 2.03.075 of the Code of Ordinances to add an Assistant Chief position within the Beaumont Police Department RICH WITH OPPORTUNITY BEAt1N,10N* T • E • x • A • S City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: James P. Singletary, Chief of Police MEETING DATE: February 7, 2012 REQUESTED ACTION: Council consider amending Section 2.03.075 of the Code of Ordinances to add an Assistant Chief position within the Beaumont Police Department. RECOMMENDATION Administration recommends approval. BACKGROUND After Weldon Dunlap retired from the Police Department in December 2009, the Assistant Chief position was eliminated in the Code of Ordinances. After many personnel reassignments and an assessment of departmental needs over the past four months,the Chief of Police requests to have the Assistant Chief position added back. The Assistant Chief would report directly to the Chief of Police and would help administer the affairs of the department and perform the duties of the Chief in his/her absence. The Labor Agreement between the City and the Beaumont Police Officers Association requires that the Chief appoint an Assistant Chief from the rank of Grade II(Sergeant)with 10 years or more of seniority as a Grade II, or a Grade III (Lieutenant) or Grade IV (Captain) at the Chief's sole discretion. BUDGETARYIMPACT The Assistant Chief position will have an annualized cost of approximately $145,000, including retirement and health benefits. Due to natural vacancies within the Department,total expenditures are expected to be below budget in FY 2012. If approved,the total number of authorized positions within the department would increase from 259 to 260. ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING SECTION 2.03.075 OF THE CODE OF ORDINANCES BY CREATING THE POSITION OF ASSISTANT CHIEF IN THE BEAUMONT POLICE DEPARTMENT; PROVIDING FOR SEVERABILITY AND PROVIDING FOR REPEAL. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: Section 1. That Chapter 2, Article 2.03, Division 2, Section 2.03.075, of the Code of Ordinances of the City of Beaumont be and the same is hereby amended to create the classification of Assistant Chief in the Beaumont Police Department. Section 2. That the number of Assistant Chief positions in the Beaumont Police Department shall be one (1). Section 3. That if any section, subsection, sentence, clause or phrase of this ordinance, or the application of same to a particular set of persons or circumstances, should for any reason be held to be invalid,such invalidity shall not affect the remaining portions of this ordinance and, to such end, the various portions and provisions of this ordinance are declared to be severable. Section 4. All ordinances or parts of ordinances in conflict herewith, including conflicting portions of the City Budget, are repealed to the extent of the conflict only. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 7th day of February, 2012. - Mayor Becky Ames - 7 February 7,2012 Consider approving a contract for the renovation of the R. C. Miller Library RICK WITH OPPORTUNITY BEMI T 0 E • X 0 A S City $ Agen Item TO: City Council FROM: Kyle Hayes,City Manager PREPARED BY: Patrick Donart,Public Works Director MEETING DATE: February 7,2012 REQUESTED ACTION: Council consider the award of a bid for the renovation of the R. C. Miller Library. RECOMMENDATION Administration recommends approval of a bid from McInnis Construction Inc. of Silsbee in the amount of$588,650. BACKGROUND Eleven bids were received on Thursday,January 12,2012 for Punishing all materials,labor, equipment and supplies to renovate the R. C. Miller Library located at 1605 Dowlen Rd. The R. C. Miller Library was constructed in 1982 with funds donated by the R.C. Miller Community Fund. The trust find is managed by Mr. Ben Woodhead, Sr.Vice President and Trust Officer of Capital One Bank in Beaumont. Funds from the Trust Fund are provided annually for maintenance and operating expenses. The library has not been updated since its original construction date. The proposed interior renovation includes relocating and enlarging the Children's area,relocating the Technology area, constructing a new family restroom,and updating carpet,paint colors,book shelves and fiuniture. Exterior renovations include extending the drive on the north side to Dowlen Road, installing a freestanding book return unit, and installing additional parking, sidewalks and exterior lighting. The proposed renovation,designed by Rob Clark with Architectural Alliance,was approved for funding by the Miller Trust Fund Committee. The bids include the base bid,Alternate No. 1 for site demolition and constructing the concrete driveway,sidewalks and book return platform;and Alternate No. 2 for furnishing and installing new carpet in the existing community room. R C.Maher Library February 7, 2012 Page 2 The following bids were received for this project: Cont1 actor Location Base Bid+Alt. Completion Time No. l and 2 McInnis Construction, Inc. Silsbee $588,650 120 days SeTEX Construction Corporation Baumont $627,000 150 days Bmce's General Construction Beaumont $640,500 120 days Lange Brame Construction Pt. Arthur $641,455 120 days N& T Construction Beaumont $648,700 150 days Goss Building Beaumont $652,700 150 days Daniels BWWing&Construction Bewn non t $653,100 150 days L&L General Contactors Beaumnont $683,775 180 days Basco Construction Nederland $756,192 150 days Allco, Inc. Beaumont $707,625 150 days The apparent low bidder,McInnis Construction of Silsbee, has contracted with the City on previous projects including the Central and Rogers Park Community Centers, EMS Med Station No. 2, and most recently the eight new tennis courts at the Athletic Complex. The tennis court project was not completed to the satisfaction of the City and a claim was filed with their bonding company. Negotiations between the City and McInnis resulted in the City accepting the defective courts and McInnis providing partial compensation for repairing the courts. The second low bid was submitted by SeTEX Construction Corporation of Beaumont. Some of the city projects constructed by SeTEX were the Alice Keith Swimming Pool and the Parks Operation Center which were completely successfully. The architect has assured City staff that either contractor would be acceptable. Both contractors plain to subcontract a portion of the work to certified MBE companies. McInnis plans to subcontract 20%to certified MBE companies. SeTEX plans to subcontract 6% of project to certified MBE companies. The Miller Library was closed to the public on January 30'so staff could begin the task of packing and storing books. After books are packed,Miller staff will be relocated to other libraries while their library is under construction. I R. C. Miller Library February 7, 2012 Page 3 BUDGETARYIMPACT Funds for this project will be provided by the R. C. Miller Community Fund. Funds for Alternate No. 2, in the amount of$6,650, are available in the Building Services budget. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Council hereby approves the award of a contract to McInnis Construction, Inc., of Silsbee, Texas, in the amount of $588,650 for the renovation of the R.C. Miller Library located at 1605 Dowlen Road. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 7th day of February, 2012. Mayor Becky Ames - 8 February 7,2012 Consider approving the purchase of furniture for the R. C. Miller Library RICH WITH OPPORTUNITY BEAUNON* T • E • g • A S City Cou cH Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Patrick Donart,Public Works Director MEETING DATE: February 7,2012 REQUESTED ACTION: Council consider the purchase of furniture for the R. C. Miller Library. RECOMMENDATION Administration recommends approval of the purchase from Hernandez Office Supply of Nederland in the amount of$57,995.96. BACKGROUND Three bids were received on Thursday,January 12,2012 to provide furniture for the R. C. Miller Library located at 1605 Dowlen Road. The furniture to be installed includes seating and work tables for library patrons of all ages throughout the facility as well as new desks and conference room furniture for staff. A detailed list of furniture to be awarded in total to one vendor is included on the attached Bid Tabulation. The following bids were received: Vendor Location Bid Hernandez Office Supply(Bidding Hon Brand) Nederland,TX $57,995.96 J.Tyler Services,Inc. (Bidding Hon Brand) Houston,TX $60,006.06 J.Tyler Services,Inc. (Bidding National Brand) Houston,TX $68,779.81 Delivery and installation by the vendor will follow the completion of the renovation project. BUDGETARY DdPACT Funds for this project will be provided by the R. C. Miller Community Fund. BID TABULATION: MILLER LIBRARY FURNISHINGS BID OPENING DATE: JANUARY 12,2012 2 PM BID NUMBER: BMTPWCP0015 Hernandez Office Supply J Tyler Services,Inc. J Tyler Services,Inc. Nederland,TX Houston,TX Houston,TX ITEM GTY UNIT TOTAL UNIT TOTAL UNIT TOTAL TMC,Caspian 2 Training Tables 6 $ 775.00 $ 4,650.00 $ 820.59 $ 4,923.54 $ 820.59 $ 4,923.54 TMC,Yuma Table 7 $ 2,774.00 $ 19,418.00 $ 2,937.18 $ 20,58026 $ 2,937.18 $ 20,560.26 TMC,Round Table with Lorca Leg 2 $ 580.00 $ 1,160.00 $ 614.12 $ 1,228.24 $ 614.12 $ 1,228.24 TMC,Rectangle Table with Lorca Leg 2 $ 549.20 $ 1,098.40 $ 581.51 $ 1,163.02 $ 581.51 $ 1,163.02 TMC,Karma Curve Chair,14" 8 $ 144.50 $ 1,156.00 $ 153.00 $ 1,224.00 $ 153.00 $ 1,224.00 TMC,Karma Curve Chair,18" 4 $ 177.00 $ 708.00 $ 187.41 $ 749.64 $ 187.41 $ 749.64 TMC,Flick Chair with Imprint 10 $ 190.00 $ 1,900.00 $ 201.18 $ 2,011.80 $ 201.18 $ 2,011.80 TMC,Flick Chair 33 $ 160.00 $ 5,280.00 $ 169.41 $ 5,590.53 $ 169.41 $ 5,590.53 Ima i ,Set-up,Paint Fee for TMC 1 $ 860.00 $ 860.00 $ 387.00 $ 387.00 $ 387.00 $ 387.00 041"M National,Epic Desk and Return,Manager's 1 bid Hon bid Hon $ 3,123.73 $ 3,123.73 National,Epic Desk and Return,Staff 4 bid Hon bid Hon $ 3,693.38 $ 14,773.52 National,Chameleon Privacy Screen 2 bid Hon bid Hon $ 521.03 $ 1,042.06 National,Fuel Mid-Back Chair 7 bid Hon bid Hon $ 400.41 $ 2,802.37 National,Fuel Stool 2 bid Hon bid Hon $ 361.43 $ 722.86 amm, .. Jonti-Craft Puppet Tree-33 2 $ 119.00 $ 238.00 $ 125.15 $ 250.30 $ 125.15 $ 250.30 Jong-Craft 4-in-1 Kitchen 1 $ 363.00 $ 363.00 $ 383.44 $ 383.44 $ 383.44 $ 383.44 SUBSTITUTIONS: NeVeRal,Hon Vol Desk&Return,Manager's 1 $ 1,744.78 $ 1,744.78 $ 2,033.52 $ 2,033.52 bid National bid National Na*mW,Hon Vol Desk&Return,Staff 4 $ 2,730.62 $ 10,922.48 $ 2,203.58 $ 8,814.32 bid National bid National Red",Hon Privacy Screen 2 $ 267.56 $ 535.12 $ 342.61 $ 886.22 bid Na VonW bid National Nefle",Hon Ignition Mid-Rack Chair 7 $ 203.76 $ 1,426.32 $ 240.91 $ 1,888.37 bid National bid National hlatieml,Hon Ignition Stool 2 $ 199.93 $ 399.86 $ 235.93 $ 471.86 bid National bid National v r . .: . Freight,Deliver and Install,TMC and Hon 1 $ 6,000.00 $ 6,000.00 Freight,Delivery,Install TMC and Hon or Nat'l 1 $ 7,705.00 $ 7,705.00 $ 7,705.00 $ 7,705.00 Freight-Jonticraft 1 $ 136.00 $ 136.00 $ 138.00 $ 138.00 $ 138.00 $ 138.00 TOTAL $ 57,995.96 $ 60,006.06 $ 68,779.81 Days to Deliver 45 days 100 days 100 days RESOLUTION NO. WHEREAS, bids were solicited for the purchase of furniture for the R.C. Miller Library located at 1605 Dowlen Road; and, WHEREAS, Hernandez Office Supply, of Nederland, Texas, submitted a bid in the amount of$57,995.96; and, WHEREAS, City Council is of the opinion that the bid submitted by Hernandez Office Supply, of Nederland, Texas; 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 Hernandez Office Supply, of Nederland, Texas, for the purchase of furniture for the R.C. Miller Library in the amount of$57,995.96 be accepted by the City of Beaumont. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 7th day of February, 2012. - Mayor Becky Ames - 9 February 7,2012 Consider approving the purchase of a natural gas powered generator to power the Municipal Transit offices and maintenance facility during power outages RICH WITS OPPORTUNITY BEA-U, MK* T • E • $ • A s City Conneif Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Patrick Donart,Public Works Director MEETING DATE: February 7,2012 REQUESTED ACTION: Council consider the purchase of a natural gas powered generator to power the Municipal Transit offices and maintenance facility during power outages. RECOMMENDATION Administration recommends approval of the purchase from Loftin Equipment Company of Houston through the Houston-Galveston Area Council(H-GAC)in the amount of$151,570. BACKGROUND As part of the American Recovery and Reinvestment Act of 2009(ARRA),the Beaumont Transit System was awarded$23M for equipment and facility improvements. Included in the grant were funds for a natural gas generator to power the transit office and maintenance facility during a power outage. H-GAC is a cooperative purchasing association providing cities and political subdivisions with the means to purchase specialized equipment at volume pricing. H-GAC complies with the State of Texas procurement statutes. The total price includes H-GAC administrative fee. Additional equipment included in the price includes sound attenuated weather enclosure,over voltage protection,pre-alarm senders,an anti-condensation strip heater,a 1200 amp automatic transfer switch and a five year comprehensive warranty. Delivery of the unit will be in eight weeks after generator submittals have been approved. BUDGETARY II"ACT This project is funded by the ARRA grant. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Council hereby approves the purchase of a Kohler 300 KW natural gas powered generator for the Beaumont Transit System from Loftin Equipment Company, of Houston, Texas, in the amount of$151,570 through the Houston-Galveston Area Council (H-GAC) Cooperative Purchasing Program. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 7th day of February, 2012. - Mayor Becky Ames - 10 February 7,2012 Consider approving a contract for the purchase of High Density Polyethylene Pipe for use by the Water Utilities Department RICH WITH OPPORTUNITY T • $ • _ • A B City COuncH Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Laura Clark, Chief Financial Officer MEETING DATE: February 7, 2011 REQUESTED ACTMN: Council consider approving a contract for the purchase of High Density Polyethylene Pipe (HDPE). RECOMMENDATION The Administration rids the award of a contract to HD Supply, Inc., of Beauimont in the amount of$90,480.00. BACKGROUND Bids were wed for purchase 6,000 feet each of 8 and 10 inch HDPE pipe for use by Water Utilities in the Sewer Rehabilitation Program. Five(5)vendors were notified;ten(10)bids were submitted. Low valid bid of $87,360.00 was received from Vari-Tech,Inc.,of Houston. Vari-Tech,Inc., is unable to provide the materials in less than four(4)weeks. This delivery time would cite an unacceptable delay in the pipe repair/replacement program. Second low bid of$90,480.00 is from HID Supply, Inc.,of Beaumont who has the material in stock and is able to deliver within two(2)days. Administration recommends the award of a contract to HD Supply, Inc., due to delivery schedule. BUDGETARY IMPACT Funds are available in the Water Utilities opt budget for this purchase. in"e►ro ili Cf1Y OF BEA1l�w PURCHASING DIVISION EAMMOR P, �ggo-375 Buyer 11 If 2 - • - s dvkr4 jcLbesunonLbc.us BID TABULATION: Purchase of Approximately 12,000 Feet of 8 6 10 Inch HDPE Pipe BID No. BF1012-08 OPENING DATE: Thursday,January 19,2012 Vendor Mari-Tech LLC Coburn Supply Gajes e,Inc ACT Pipe Supply City State Houston _ Beaumont Houston Beaumont Item 281 456-0044 409 835-1447 713 688-2728 (409)813-2796 5M I W HDPE 8.81 11 521$W.00 _ 9.35 56100.00 9.30 55.8W.00 S 9.51 S 57.060.00' . 2 1 3 0, .21 37 260.00 3 WK 1-2 Days N/S Vendor Rural Pipe Ferguson Waterworks Highway Inte ra c Forrer Supply Os burn Associates City/State per Houston Lancaster TX Highlands TX Logan OH Item 409 384-5800 (713)675-2211 97 228-9239 (262)255-3030 (740)395-6869 6000 1 W HDPE 9.5613 57.3W.00 S 9.67 IS 58 020.00 10.05 60.300-00 10.40 IS 62 400.00 S 11.24 IS 67,440.0 6000 8-HDPE $ 6.19 1 $ 37,140.OD 3 3 .60 39 .00 6.64 40 39,8 .00 7.25 1 $43,500.00 gotal Md 9450000 $ 99,900.00 .00 2- wks 2 wks 3 WKS -4 w -4 wkss RESOLUTION NO. WHEREAS, bids were solicited for 12,000 feet of high density polyethylene pipe (HDPE) for use by the Water Utilities Department; and, WHEREAS, HD Supply, Inc., of Beaumont, Texas, submitted a bid for $9.17 per foot for 6,000 feet of 10 inch HDPE pipe and $5.91 per foot for 6,000 feet of 8 inch HDPE pipe, for a total amount of$90,480; and, WHEREAS, City Council is of the opinion that the bid submitted by HD Supply, Inc., of Beaumont, Texas, provided the best value for the City and 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 HD Supply, Inc., of Beaumont, Texas, for the purchase of 12,000 feet of high density polyethylene pipe for use by the Water Utilities Department being $9.17 per foot for 6,000 feet of 10 inch HDPE pipe and $5.91 per foot for 6,000 feet of 8 inch HDPE pipe, for a total amount of$90,480 be accepted by the City of Beaumont. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 7th day of February, 2012. - Mayor Becky Ames - 11 February 7,2012 Consider approving a resolution accepting the Calder Avenue Drainage and Pavement Improvement Project—Phase II RICH WITS OPPORTUNITY B,EA ' City Council Agenda Item T - F - S - A S TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Patrick Donart,Public Works Director MEETING DATE: February 7,2012 REQUESTED ACTION: Council consider a resolution accepting the Calder Avenue Drainage and Pavement Improvement Project-Phase H. RECOMMENDATION The Administration recommends acceptance. BACKGROUND On June 2,2009,City Council awarded BRH-Garver Construction,L.P.the contract for the Calder Avenue Drainage and Pavement Improvement Project-Phase Il.in the amount of$24,616,416.25. There were three(3)previous change orders approved by City Council resulting in a cumulative decrease of$432,403.70. Change Order No. 4 in the amount of$83,537.07 is required to adjust the quantities actually used during the performance of the project,increasing the contract amount to$24,267,549.62. The project has been inspected and completed in accordance with the Terms and Conditions set out in the contract documents and we recommend final payment to BRH Garver Construction,L.P. in the amount of$144,232.86. The MBE goal was met by subcontracting with the MBE firms of Clean Air Remediation Environmental Services,Crabtree Barricade Systems,Inc.,DNA Trucking Inc.,L.D.Construction, and Specialty Sales Company in the amount of$6,500,741.02 representing 26.79% of the final contract amount. BUDGETARY H"ACT Funds are available in the Capital Program. CITY OF BEAUMONT SCHEDULE OF MBE PARTICIPATION VRN- GARVER CaNSr�.ycryo�, L. P. NAME Tu�4 CERTIFIED MBE CONTRACTOR ADDRESS TYPE OF WORK COFA ASR REMED14v Sv35 �i.. rmakro ,I�saefr05 AMOfJNTS EIJVJjeO,JM&J-r4e SC"JKVItCs ,rM64C Sid /g,6ATE/r1CnfT Jr 2, Sd0 • Oa 752Zg BRAtl1MOO' AARICAB£ •a. ox 2.0/4.S -A,4ff,C (toN7.00L Sys-gems, r,*. BOAwn9Jr,Tx '77720 S,bNs r STAlp.,nl(,- ' #213, Dig . Zy PAM TiTvckj,vG 33IWO jYO kEiarR TRu,CKtnrG h4ut,,�'/NC. Pou rza ti, Tx 77�82 Dump Rucks zSq So L,�, CoNSsRUGTroN ��8 our/.I WG�N ASPI,IRI.T 1�ioVln/G. ,BEAu�»o,►sr, Tx 77707 */63-, 3'70. 2 Z Specf/ft r y S-M es Paso x Z!g 3 Z M47-E-/Z as L,. Cori pviu y BEAtJMan1T ?x 77720 sup Aq,e?-3, 60 q. 06 To Ti L, "$(o 500) 741. 0 2 The undersigned will enter into a formal agreement with MBE Contractors for work listed in this schedule conditioned upon executiowof a contract with the City of Beaumont. NOTE: 1. Tbis schedule should be submitted with your bid. (AC TUAL PA(n ,AMa-JNrS) SIGNATURE FRCD GUGA M Cans T/L o L.L 61Z TITLE 32 Affidavit of Bills Paid AFFIDAVIT OF BILLS PAID STATE OF TEXAS COUNTY OF HARRIS BEFORE ME, the undeasigaed authmm*, on this day personally appeared Fmp 6 U L A V- , patty to that certain Contract entered into on the ?— day of ru.-J 6 2009, between the City of Beaumont (Owner) and 1►, t�R1C x C00 T ucTrorj, 1. P. for liie aw ion,coon,and coon of certain improvements and/or additions upon the following described pranises,to wit: City of Beaumont Calder Avenue Drainage and Pavement Improvement Project-Phase 11 Project No.ST 1920 Said party being by me sworn states upon oath that the said iaMprovancnts have been erected and©o ad in full compliance,with the above referred to Contract and the agreed plans and Vecificatioens the duce. Deponent further states that he has paid all bills and claims for materials furxrislred and labor performed on said Contract and that there are no outstanding unpaid bills or legal claims for labor performed or materials fiunished upon said job. This afdavit is being made by the undersigned re ahzmg that it is in reliance upon the lrudifiness of the statement dined therein that final and full settlement of the balance due on said Contract is being made, and in consideration of the disbursement of fiords The City of Beaumimt, deponent expressly waives and releases all liens, claims and rights to assert a lien on said premises and agrees to indemnify and hold Owner safe and harmless from and against all losses, damages, cats and agnwes of any character whatsoever specifically including court costs, bonding fees and attorney foes, arising out of or in any way relating to claims for unpaid labor or material used or associated with construction of improvements on the above-described premises. riz IF-- b GU t-a R co 1,� o DEHBIE K. JONES . - C� ; 11116/2015 Subscribed and sworn to before me, the the to V— day oft32.L7�-Lz.2011. Notary Public in and for Harris County,Texas CaUerAwmeDralxVandPawnxwbWvwme phyect-P)xmell A&WW2011 CITY OF BEAUMONT DATE: January 18,2012 PROJECT: Calder Phase II OWNER: City of Beaumont CONTRACTOR: BRH-Garver CHANGE ORDER NO. 4&Final Adjusting the estimated quantities to match final quantities used during the performance of the project. ORIGINAL CONTRACT AMOUNT: $24,616,416.25 NET FROM CHANGE ORDER NO. 1,2&3 $24,184,012.55 TOTAL AMOUNT OF THIS CHANGE ORDER: $ 83,537.07 PERCENT OF THIS CHANGE ORDER: $ 0.34% TOTAL PERCENT CHANGE TO DATE: $ -1.42% NEW CONTRACT AMOUNT: $24,267,549.62 ACCEPTED BY: CONTRACTOR RECOMMENDED BY: PATRICK DONART,PUBLIC WORKS DIRECTOR DAMON JONES,E.LT. APPROVED BY: KYLE HAYES,CITY MANAGER ATTESTED BY: TINA BROUSSARD,CITY CLERK RESOLUTION NO. WHEREAS, on June 2, 2009, the City Council of the City of Beaumont, Texas, passed Resolution No. 09-165 awarding a contract in the amount of $24,616,416.25 to BRH-Garver Construction, L.P., of Houston, Texas, for the Calder Avenue Drainage and Pavement Improvement Project, Phase 11; and WHEREAS, on May 25, 2010, the City Manager signed Change Order No. 1 in the amount of($7,119.38), thereby decreasing the contract amount to $24,609,296.87; and WHEREAS, Change Order No. 2 in the amount of$224,647.57 was required to add and delete construction item quantities for roadway and drainage system improvements, thereby increasing the contract amount to $24,833,944.44; and, WHEREAS, Change Order No. 3 in the amount of($649,931.89)was required for adding construction items and reducing construction item quantities, thereby decreasing the contract amount to $24,184,012.55; and, WHEREAS, Change Order No. 4 in the amount of$83,537.07 is required to adjust the quantities actually used during the performance of the project, thereby increasing the contract amount to $24,267,549.62; 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. 4 for additional work described above, thereby increasing the contract amount by $83,537.07 for a total contract amount of$24,267,549.62. BE IT FURTHER RESOLVED that the City Manager is hereby authorized to make final payment in the amount of $144,232.86 to BRH-Garver Construction, L.P., for the Calder Avenue Drainage and Pavement Improvement Project - Phase II. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 7th day of February, 2012. - Mayor Becky Ames - 12 February 7,2012 Consider approving a resolution accepting the Cartwright/Corley Drainage Project RICK WITS OPPORTVNITT BEAT • Re g . A s City Council Agenda Item TO: City Council FROM: Kyle Hayes,City Manager PREPARED BY: Patrick Donart,Public Works Director MEETING DATE: February 7,2012 REQUESTED ACTION: Council consider a resolution accepting the Cartwright/Corley Drainage Project. RECOMMENDATION Administration recommends acceptance. BACKGROUND On March 8, 2011, City Council awarded Brystar Contracting, Inc. the contract for the Cartwright/Corley Drainage Improvement Project in the amount of$948,949.55.There were two(2) change orders approved by City Council resulting in a cumulative increase of$110,892.00. Change Order No. 3 in the amount of($9,978.83)is required to adjust the quantities actually used during the performance of the project,increasing the contract amount to$1,049,862.72. The project has been inspected and completed in accordance with the Terms and Conditions set out in the contract documents and we recommend final payment to Brystar Contracting, Inc. in the amount of$59,886.05. The MBE goal was met by subcontracting with the MBE firms of American Remediation,Crabtree Barricade Systems, Inc., and Specialty Sales Company in the amount of$68,425.59 representing 6.52%of the final contract amount. BUDGETARY HVRPACT Funds are available in the Capital Program. oftYSX44? CONTRACTORS RELEASE OF LIENS-F1DAV/T OF CONTRACTING, INC. 8385 Chemical Road-Bcaumont,Texas 77705-(409)842-6768 PROJECT: Codev Street Drainage Improvements PROJECT NUMBER: O1NNM- City of Beaumont CONTRACTOR: Brystar Contracting, Inc. 2011150 ENt31NEER: City of Beaumont The Contractor,inacoardsnce with the ConbvdDocunwils,andin consf knWan brthe full aadSud paymentto the Cor arforafservicesincaywchotwfththeproj ectdoesharsbywWwandr aftew&Vandalbans,oranyandaf claims ID fens which the Cvr*wtOr may have on or afecing the~as a r of ft cw*wd(s)br the Project or forperlonnfng labor wK br fury ialdng nwbrieft in any way wwwcted wfih the owofteffon of aWapW dihe Majed 7he Cw4raotor firiherraerMesandwarrantsthataff subconftdorsofk*wandbrnmdwasforNo Prqt4 exceptas fisted bebw, hauls been pad in ful for a#labor wxVor makdaJs suppled to, for, fhrvugih or at the digit or fn ftd request of the Contractor prior to,through and indudfng the date of ibis afidevft. EXCEPTIONS: None CONTRACTOR Bryster no, log. BY TITLE Vice President Subscribed and swom to before me this 1 day of rZ b r k a r Y , 20_x. Notary Public: .............. .......... My Commission Expires: CONTRACTORT AFFIDAVIT OF PAYMENT OF DESTS AND CLAIMS CONTRACTING, INC. 8385 Chemical Road•Beaumont,Texas 77705•(409)842-6768 PROJECT: Corley Street Drainage Improvements PROJECT NUMBER: OWNER: City of Beaumont CONTRACTOR: Brystor Contracting, Inc. 2011150 ENGINEER- City of Beaumont The Cam,in accordsnoe with fhe Con&aCt Docewnenk,hereby ceA fen 6W excepfas isbdbsbw,alloblosew for a#mabdals and equ ipmw tfwmfsW for aN work tabor,and seMces perfiorme4 and bdubhadness SW derma apaibsf ft Conbactor for darrmes adfstrp in any ma vw in co *K*n*M No perfbrrsa=offs Co*ad rekwwwd above for~Ow owner or his property might in any way be held responstbte how been paid in fug or have odwwfse been sadsfied in W. EXCEPTIONS: None CONTRACTOR Brwstar Contractina. Inc. BY Brent Simmons TITLE Vice President Subscribed and sworn to before me this day of re.6 ' [Aa r4 Notary Public: Ott. , ......................... My Commission Expires: /0 -24 3 elm CITY OF BEAUMONT DATE: January 18,2012 PROJECT: Cw twright/Corley Drainage Improvement Project OWNER: City of Beaumont CONTRACTOR: Reytec Contracting,Inc. CHANGE ORDER NO. 3 &Final s}m. Adjusting the estimated quantities to match final quantities used during the performance of the project. ORIGINAL CONTRACT AMOUNT: $ 948.949.55 NET FROM CHANGE ORDER NO. 1 &2 $ 1.059.841.55 TOTAL AMOUNT OF THIS CHANGE ORDER: $ (9.978.83) PERCENT OF THIS CHANGE ORDER: $ -1.05% TOTAL PERCENT CHANGE TO DATE: $ 10.63% NEW CONTRACT AMOUNT: $ 1.049.862.72 ACCEPTED BY: CONTRACTOR RECOMMENDED BY: PATRICK DONART,PUBLIC WORKS DIRECTOR DAMON JONES,E.LT. APPROVED BY: KYLE HAYES,CITY MANAGER ATTESTED BY: TINA BROUSSARD,CITY CLERK RESOLUTION NO. WHEREAS, on March 8, 2011, the City Council of the City of Beaumont, Texas, passed Resolution No. 11-096 awarding a contract in the amount of$948,949.55 to Brystar Contracting, Inc., of Beaumont, Texas, for the Cartwright/Corley Drainage Project to include drainage boxes, street pavement and water & sewer utility service lines; and, WHEREAS, Change Order No. 1 in the amount of$38,800 was required to furnish all labor, equipment, materials, and supervision associated with installing a new sanitary sewer line on Corley Street between 5th and 6th Streets on the north side of the road, thereby increasing the contract amount to $987,749.55; and, WHEREAS, Change Order No. 2 in the amount of$72,092 was required for adding construction items for sidewalks and driveways to the Cartwright/Corley Drainage Project, thereby increasing the contract amount to $1,059,841.55; and, WHEREAS, Change Order No. 3 in the amount of($9,978.83) is required to adjust quantities actually used during the performance of the project, thereby decreasing the contract amount to $1,049,862.72; 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 decreasing the contract amount by ($9,978.83), for a total contract amount of$1,049,862.72. BE IT FURTHER RESOLVED that the City Manager is hereby authorized to make final payment in the amount of $59,886.05 to Brystar Contracting, Inc., for the Cartwright/Corley Drainage Project. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 7th day of February, 2012. - Mayor Becky Ames - 13 February 7,2012 Consider approving a contract for asphalt paving work in coordination with the Streets and Drainage Division RICH WITH OPPORTUNITY 'Unff I :Mau, [I E A PI 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: February 7, 2011 REQUESTED ACTION: Council consider authorizing the award of a contract for asphaltic concrete pavement placement. RECOMMENDATION The Administration recommends the award of an annual contract to LD Construction, Inc., of Beaumont, with an estimated total expenditure of$338,850. BACKGROUND Bids were requested for a one(1) year contract for the placement of hot mix asphaltic concrete (HMAC)pavement. HMAC is used for repairs to large street sections in the Street Rehabilitation Program. The vendor will provide the equipment and manpower to lay the asphaltic concrete according to City specifications with the materials being supplied by the City. The use of a contracted vendor will allow current work loads to progress at a much faster pace. Five (5)vendors were notified, with three(3)bids being submitted. Low valid bid was received from LD Construction, Inc.,the current holder of this contract. The bid submitted by CMM Construction, Inc.,was rejected as the contractor failed to attend the mandatory pre-bid conference which was a requirement of the solicitation. BUDGETARYIMPACT Funds are available in the Capital Program. RESOLUTION NO. WHEREAS, bids were solicited for a one (1) year contract for the purchase of hot mix asphaltic concrete (HMAC) for use by the Public Works Department, Streets and Drainage Division; and, WHEREAS, LD Construction, Inc., of Beaumont, Texas, submitted a bid in the estimated amount of$338,850 in the unit amounts shown on Exhibit"A,"attached hereto; and, WHEREAS, City Council is of the opinion that the bid submitted by LD Construction, Inc., 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 LD Construction, for a one (1) year contract for the purchase of hot mix asphaltic concrete(HMAC)for the Public Works Department, Streets and Drainage Division, in the estimated amount of$338,850 pursuant to the unit amounts shown in Exhibit "A," attached hereto, be accepted by the City of Beaumont. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 7th day of February, 2012. - Mayor Becky Ames - Cw Y'.IfM CITY OF OF BEAUMONT,BEAUMONT,TEXAS BEAUONW PURCHASING DIVISION BID TABULATION T - B - x - A - 4 Bid Name: Annual Contract for Hot Mix Asphaltic Concrete Pavement Placement Bid Number: SF1012-09 Bid Opening: Thursday,January 19,2012 Contact Person: Robert(Bob)Hoilar, Buyer II rhollar(tci.beaumont.tx.us Phone: 409-880-3758 Vendor LD Conektation Alico CMM Construction City/state Beaumont Beaumont Pho F 2360 Me ti ' 12.001 $ 0.00 15,000 1.15 1 $ 17,250.00 1 $ 11-00 IS 165 000.00 1 S 1.12 IS 16,800.00 35 000 :1 1 35Q S 1.12 39 200.00 Price'IP11160; -row 13,000 12.001 0 2.75 8,2S .00 5,000 .3 $ 11.0 S 55,000.00 S 1.30 6,500.00 10 000 1 . . $ 1 1 $ .1-301S 13 000.00 5,000 , 12-001 0. 0 10,000 1 S 1.15 1 S 11, 11.001 $ 110,000.00 1 S 1.20 IS 12,000.00 30,000 l,l S l Q, 300.000.00 S 1. 36,000.00 e ,000 St Radius IS 2.001 $ 19. $ 1 20,250.00 8 000 Driveways AM , 15. 0 $ 1 $ 4.05 5 3Z.400M _e 11,000 i " $ 2.70 1 $ 2,700.001 $ 1,500 1. S 2.461 $ 3,690.001 - $ - 51000 41,$ 111,700.1. - Tww e 11000 $ 20.00 $ 27.60 - 1,500 S 19,00- S 25.20 S 37,800.0 T - S - 51000 1 24.00 S 120,0 0.00 S - $ - Total i Rd reject -did not attend No Response:APAC, BRYSTAR mandatory pre-bid, did not bid fabric requirements. EXHIBIT "A"