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HomeMy WebLinkAboutPACKET AUG 28 2012 w�stX WST19, OTT9 Taro ra��rs x; REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS AUGUST 28,2012 1:30 P.M. CONSENT AGENDA * Approval of minutes—August 21, 2012 * Confirmation of committee appointments Sherry Ulmer, Beaumont Public Health Director,would fill the unexpired term of Ingrid Holmes on the Animal Health Advisory Committee. The term would commence August 28, 2012 and expire November 15, 2012. (Mayor Becky Ames) Jason Plunkett would be appointed as the Police Department Representative on the Animal Health Advisory Committee. The term would commence August 28, 2012 and expire August 27, 2014. (Mayor Becky Ames) Cindy Meyers would be appointed as the Humane Society Representative on the Animal Health Advisory Committee. The term would commence August 28, 2012 and expire August 27, 2014. (Mayor Becky Ames) Walter Kyles would be reappointed to the Planning and Zoning Commission. The current term would expire June 3, 2015. (Councilmember Jamie D. Smith) A) Approve a resolution authorizing a payment to Jefferson County for the renewal of an annual maintenance agreement for the radio system used by EMS, Fire, Police and numerous other departments B) Approve a resolution authorizing the City Manager to accept grant funding to be used to enhance the Beaumont Public Library System's a-book collection C) Approve a resolution recertifying the Small Business Revolving Loan Fund Plan D) Approve a resolution approving the write-off of uncollectible water accounts E) Approve a resolution adopting the South East Texas Regional Mitigation Action Plan F) Approve a resolution approving Change Order No. 1 to the contract with N &T Construction, Inc. related to the construction of a new Communications Building RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT Sherry Ulmer is appointed to the Animal Health Advisory Committee to fill the unexpired term of Ingrid Holmes. The term will commence August 28, 2012 and expire November 15, 2012. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 28th day of August, 2012. - Mayor Becky Ames - RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the following appointments be made: Appointment Commission Bey4nrt„_ing gaRkWon of Term of Term Jason Plunkette Animal Health Advisory Committee 08128/12 08/27/14 Cindy Meyers Animal Health Advisory Committee 08/28/12 08/27/14 THAT the following reappointment be made: Reaapointment Commission ftinniing ggRftgon Of Tenn of Term Walter Kyles Planning and Zoning Commission 08/28/12 06/03/15 PASSED BY THE CITY COUNCIL of the City of Beaumont this the 28th day of August, 2012. - Mayor Becky Ames - i A RICH WITH OPPORTUNITY BEA,UM,,01* T • $ • s • ® 0 S City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Bart Bartkowiak, Chief Technology Officer 15a MEETING DATE: August 28, 2012 REQUESTED ACTION: Council consider a resolution approving a payment to Jefferson County for the renewal of an annual maintenance agreement with Motorola in the amount of$202,119.53 for use throughout the City of Beaumont. BACKGROUND The 800 MHz radio system is used by EMS, Fire, Police and numerous other departments throughout the City for daily communications. The purchase is exempt from competitive bidding since it is available from only one (1) source having exclusive rights to maintain the radio infrastructure. The maintenance agreement provides for constant monitoring of the radio system and 911 dispatch centers as well as dispatching of repair personnel with replacement parts when required. The 800 MHz radio system is shared with Jefferson County, Hardin County,the cities of Groves, Nederland, Port Arthur and Port Neches, the Port of Beaumont and Lamar University's Police Department. The annual cost of the maintenance contract is divided among all agencies by the number of radios each agency has on the system. Total billing to the City of Beaumont was reduced by a credit for costs incurred supporting the system during the past year. BUDGETARY IMPACT Funding in the amount of $202,119.53 is available within the FY2012 budget in the General, Confiscated Goods, Water, Solid Waste and Fleet Funds. i i JEFFERSON COUNTY IWOICE .1149.PEARL 7TH FLOOR BEAUMONT,TX 777..01 i SERVICES PROVIDED FOR: City of Beaumont INVOICE DATE 6/28/12 Attn: Bart Bartkowlak INVOICE NUMBER 1201 6011 Main Beaumont,Tx 77701 i 1 - 800 MHz Radio System Annual Cost 231,418.70 $231,415.70 5/1/201.2.-413012013. See attached for detail 1 Credit for costs paid by City (29,296.17) ($29,296.17) 202,119.63 $202,119.53 Questions concerning this invoice? MAKE ALL CHECKS PAYABLE TO: PAY THIS Call: Marls Dubois JEFFERSON COUNTY AMOUNT (409)835-8734 1149 PEARL 7TH FLOOR BEAUMONT,TX 77701 s ' RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to approve payment of an invoice in the amount of$202,119.53 to Jefferson County for the renewal of an annual maintenance agreement with Motorola for support of the 800MHz radio system. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 28th day of August, 2012. - Mayor Becky Ames - RICH WITH OPPORTUNITY B BEAUN011A* T • E • X • A • s City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Claudie D. Hawkins MEETING DATE: August 28,2012 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to accept grant funding in the amount of$10,000 through the H. E. &Kate Dishman Foundation. BACKGROUND The grant funds will be used to enhance the Beaumont Public Library Systems a-book collection. Our plan for future years is to gradually shift more&more of our budget funds into the a-book category. FUNDING SOURCE Grant-H. E. &Kate Dishman Foundation. RECOMMENDATION Approval of resolution. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to execute all documents necessary to accept grant funding from the H.E.&Kate Dishman Foundation in the amount of$10,000 for use by the Beaumont Public Library System. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 28th day of August, 2012. - Mayor Becky Ames - RICH WITH OPPORTUNITY BEAU- r T • E • X A • 6 City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Laura Clark, Chief Financial Officer MEETING DATE: August 28, 2012 REQUESTED ACTION: Council consider a resolution recertifying the Small Business Revolving Loan Fund(RLF) Plan. BACKGROUND The Small Business Revolving Loan Fund Program was created with an initial grant from the Economic Development Administration(EDA)of$500,000 with matching funds from the Community Development Block Grant(CDBG)of$250,000. To be approved for the grant,the City was required to develop a plan to support the area's economic development strategy and to create policies and procedures to administer the program. The original City of Beaumont RLF Plan was adopted by the City Council on February 24, 1987,was last revised June 16,2009 and last re-certified November 1, 2011. The plan is required to be certified annually by council. The plan is consistent with and supportive of the area's current economic adjustment strategy, is being operated in accordance with the policies and procedures contained in the RLF Plan and the portfolio meets the standards contained therein. There are no recommended changes to the plan since last re-certified. The Small Business Revolving Loan Fund Plan is attached for your review. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of resolution. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Council hereby certifies that the Small Business Revolving Loan Fund (RLF) Plan is consistent with and supportive of the area's current economic adjustment strategy, and the RLF is operating in accordance with the policies and procedures contained in the RLF Plan and the loan portfolio meets the standards contained therein. The Plan 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 28th day of August, 2012. - Mayor Becky Ames - CITY OF BEAUMONT, TEXAS SMALL BUSINESS REVOLVING LOAN FUND PLAN ORIGINAL PLAN APPROVED OCTOBER 31, 1987 REVISED SEPTEMBER 18, 2004 REVISED JUNE 16, 2009 EXHIBIT "A" TABLE OF CONTENTS Introduction 2 Program Element to the Plan 3 Goals and Objectives 3 Identification of the Area's Financing Problems 6 Targeting Criteria 7 Standards for the Revolving Loan Fund Portfolios 7 Financing Policies 8 Related Activities 9 Administration Element of the Plan 10 Small Business Revolving Loan Fund Board 10 Staff 10 Conflict of Interest 10 Loan Selection and Approval Process 11 Loan Servicing 12 Administrative Expenses 12 Recapitalization Strategy 12 Other Requirements 13 1 INTRODUCTION Beaumont is the largest populated city in the southeast portion of Texas. The southeast Texas region is highly industrialized and significantly agricultural with two navigable rivers (Sabine and Neches) which allow ocean-going vessels to transport import and export trade to the Gulf of Mexico. Due to the discovery of oil in the area, the petrochemical industry developed as a major economic contributor for the region. In the 1980's the oil industry saw a worldwide downturn which resulted in historically high unemployment rates for southeast Texas and Beaumont. The need for new economic goals and strategies for the area became apparent. In 1987 the City of Beaumont created a new Economic Development division and pursued the approval and acquisition of a grant from the Department of Commerce, Economic Development Administration. With a grant of $500,000 from EDA and a city match of $250,000, the City was able to begin the financing of the expansion and start-up needs of local small businesses. The South East Texas Economic Development District, Inc. (SETEDD) was created in 1993 to facilitate the flow of U.S. Department of Commerce and Economic Development Administration grant and loan funds for creating new jobs and/or saving existing jobs in the southeast Texas region. SEfEDD through a Comprehensive Economic Development Strategy or CEDS creates objectives and strategies that help to steer the economic direction of the region. According to the Vision Statement of the CEDS, goats are: Workforce Development New and Existing Business Development Infrastructure Develop Advanced Materials Cluster Tourism Qpatity of Life The City of Beaumont and the Small Business Revolving Loan Fund Board use these goals in administering the City's Small Business Revolving Loan Fund and creating loan opportunities for small businesses that wilt better not only those businesses but the City and the entire southeast Texas region. 2 I. PROGRAM ELEMENT TO THE PLAN A. Goals and Objectives 1. COMMITMENT TO ECONOMIC DEVELOPMENT: The Economic Development Policy Plan consists of goals, objectives, policies, and proposals for guiding Beaumont's future economic growth and devetopment. Outside assistance is provided through a contact with the Beaumont Chamber of Commerce for various economic development activities such as marketing analysis, business retention efforts and working with business prospects. 2. GOAL: INCREASE THE NUMBER OF PERMANENT JOBS AVAILABLE TO CITIZENS OF BEAUMONT AND SOUTHEAST TEXAS Emphasis should be placed on value added jobs which are most likely to lead to further job creation. Jobs in "export"industries bring money into the region through production of goods or services that are exported outside of Beaumont. These jobs, which are generally highly paid, create spendable household income, thus generating new jobs in sales and services. Beaumont also needs jobs which can be filled by workers who were previously employed in shipyards, refineries, and chemical plants. These skilled workers are among Beaumont's most valuable economic resources and will leave the area if new job opportunities are not developed. Because of an especially high unemployment rate among Beaumont's sizable minority population, entry level jobs with on-the-job training are needed to bring unskilled workers from low-income backgrounds into the workforce. WHERE WILL THESE JOBS COME FROM? New jobs come from three sources: 1) Expansion of existing business 2) Creation of new, entrepreneurial enterprises 3) Attraction of plants or business from outside the community Research indicates that expansion of existing business and creation of entrepreneurial enterprises account for 80 to 90%of all new jobs. OBJECTIVE NO. 1: MAINTAIN AN EFFECTIVE ROLE FOR THE CITY OF BEAUMONT ECONOMIC DEVELOPMENT PROCESS Policy 1.1 Role of the City The City will continue to serve in the leadership role in the following areas of economic development: 3 A. Strategic Planning - analyzing Beaumont's competitive strengths and weaknesses in the world economy and then taking aggressive action to capitalize on the strengths and overcome the weaknesses. B. Legislative Advocacy - working closely with Jefferson County, The Port of Beaumont, Drainage District #6, the Jefferson County Navigation District, BISD, other municipalities in the region, and other State and Federal elected-officials to secure major funding assistance and to enact or change taws to increase the strategic competitiveness of the local/regional economy. C. Leveraging and Public/Private Partnerships - using the limited resources available to the City goverment, such as grants, development incentives, infrastructure, land,and staff to attract private sector investments which will create or retain jobs and/or increase the tax base. D. Develop and Communicate a Vision of the Future - the City's elected officials and staff must motivate the community to set its sights on the goal of becoming a first-class medium-sized city with a quality of life capable of attracting new private investment and population. The City wilt serve in a leadership and cooperative rote in the following area, participating actively and tending whatever support is needed to other members of the economic development network: a. Promotion: assisting the Chamber of Commerce, the Convention and Visitors Bureau, BUILD, Inc/Beaumont Main Street, Entergy, and other promotional groups in marketing Beaumont as a business location, tourist destination, etc. b. Business Attraction:working cooperatively with the Chamber/Economic Development Council in attracting new industry.. Policy 1.2 The City's Commitment The City wilt commit the assets is has available—staff, incentives, land, taxing authority, infrastructure, tax-exempt bonding authority, and access to State and Federal grants—to the local and regional economic development efforts. The City will also strive for excellence in conducting its basic responsibilities of providing public services and infrastructure, recognizing that an efficient, competent and responsive city government is one of the prerequisites for economic growth of a community. Allocation of resources for construction of new or the repair or extension of existing city infrastructure and new or revised city services will be implemented on the basis of need; however, the impact of such actions on the economic development of the City as a whole will be considered of overriding importance when deciding where to allocate the City's resources among areas which are of equal need. Policy 1.3 Public Return on Investment The City will examine the potential return on the public's investment when determining where and how its limited resources will be committed. Return on 4 public investment will be measured in terms of jobs created, jobs retained, and broadening of the tax base. OBJECTIVE NO. 2 ENCOURAGE A CLIMATE WHICH FACILITATES BUSINESS GROWTH AND SUSTAINABILITY Policy 2.1 The City of Beaumont recognizes that the degree of cooperation and support of local government plays a major role in business location and expansion decisions. The City resolves to improve both its efficiency and effectiveness in providing assistance and services to business. Policy 2.2 The City of Beaumont will be committed to improving the quality of life for current and future residents. In recognition of the connection between economic development, the quality of life or livability of a city, and the development of a favorable sense of place among residents and non-residents alike, the City supports the inclusion of "quality of life" and "environment#[quality"considerations in making planning and development decisions. Visual community appearance considerations in the city's planning and development efforts are to be considered important economic development actions which will improve Beaumont's ability to attract new businesses and employment opportunities. In realization of the .fact that investing in the overall improvement in the quality of life or livability of the City is not a goal which can be achieved overnight, the City will concentrate its resources on the cleanup and rehabilitation of .selected neighborhoods and on the development and improvement of urban design plans for selected open space, street corridor, and city entrance or gateway areas. OBJECTIVE NO. 3 ATTRACT NEW BUSINESSES AND INDUSTRIES TO THE BEAUMONT AREA Policy 3.1 The City will work with the Chamber of Commerce and other economic development groups in a team effort to bring new businesses and industries to the Beaumont area. Policy 3.2 Efforts to attract new business and industry will be targeted on industries whose locational needs are consistent with the Beaumont area's locational attributes. Policy 3.3 Continue to promote the Beaumont area's resources and quality of life factors through the efforts of the Beaumont Convention and Visitors Bureau. OBJECTIVE NO.4: RETAIN AND EXPAND EXISTING BUSINESSES AND INDUSTRIES Policy 4.1 The City of Beaumont recognizes that existing businesses and industries are the community's most important economic resources and will support the efforts of existing businesses to expand and improve operations. 5 Policy 4.2 An "outreach" program to foster open lines of communication between the city government and existing businesses and industries will continue. OBJECTIVE NO. 5: STIMULATE THE CREATION OF NEW BUSINESSES Policy 5.1 Continue the City's Small Business Revolving Loan Fund which provides financing assistance for new businesses having difficulty in obtaining conventional financing. Policy 5.2 Continue to work with the Small Business Development Center at Lamar University, which assists start up businesses and processes applications for the City's Small Business Revolving Loan Fund. OBJECTIVE NO. 6: IMPROVE THE COMPETITIVE ADVANTAGES 'OF THE BEAUMONT AREA ECONOMY Policy 6.1 The City of Beaumont will assume a role of partnership with local business and industry in competing with producers in other regions, state and countries. This means city actions involving taxes, infrastructure, regulations and development incentives will focus on making it easier, more efficient and more advantageous for doing business in Beaumont. Policy 6.2 Expand the scope of Beaumont's market area by capitalizing on its role as a regional cen„j of trade, professional services, entertainment, distribution, and medical services.. B. Identification of the Area's Financing Problems A review of Beaumont's capital market and discussions with local small business persons indicate that local capital market has the following characteristics. 1. Beaumont banks typically follow conservative policies and practices regarding allocation of deposits for lending purposes. While this is not unique to Beaumont or the region, the adverse effect of the local and statewide economy has even further reduced the availability of the banks' capital in Beaumont. Beaumont banks are looking for additional outside capital projects as a cushion for their loans. 2. There is reluctance to provide financing to younger or higher risk companies or to companies located in blighted or depressed areas of the community. 3. There is a shortage of long term reasonably priced commercial financing available to small business located in Beaumont. 4. Local banks appear to be reluctant to make loans smaller than$75,000.00. 5. There is a lack of capital for minority business. 6 The Revolving Loan Fund (RLF) will serve a critical function in the City's economic development program by providing assistance in financing small business that will provide jobs primarily for persons of tow and moderate income, the unemployed, and the underemployed, and projects which will diversify and strengthen Beaumont's economic base. Specific Objectives of the Revolving Loan Fund: The Revolving Loan Fund will promote economic. development by: 1. Creating New Employment Opportunities: The Revolving Loan Fund will be utilized to assist in expansion or creation of small business enterprises, owned or operated by minorities, women, or the economically disadvantaged. 2. Increasing Private Financing Availability: Revolving loan fund monies will be used to leverage private financing for small business, availability of.financing for small business enterprises owned or operated by minorities, women or the economically disadvantaged and to provide incentives to the financial institutions to make loans to small businesses. C. Targeting Criteria The Revolving Loan Fund will target small businesses which can best assist the City in achieving economic development objectives. The order or priority wilt be: 1. Small businesses which will create the greatest number of jabs available to the unemployed, underemployed, or low or moderate income persons at the least cost to the Revolving Loan Fund; 2. Small businesses which are owned and operated by minorities, women, or the economically disadvantaged; 3. Small businesses which are located within Beaumont's Community Development and Housing Neighborhood Strategy Areas. D: Standards for the Revolving Loan Fund Portfolios To ensure the effectiveness of the Revolving loan Fund as an economic development tool, the following standards wilt serve as guidelines for Revolving Loan Fund participation: 1. It is the objective of the Revolving Loan Fund to leverage each dollar three or four times through participation with private sector lending institutions, the SBA and other government Loan programs and private investors. For each $10,000 of total investment,one job will be generated. The Revolving Loan Fund will leverage two private sector dollars for every one RLF dollar at a minimum. 2. Revolving Loan Fund monies will be available to finance the expansion and start-up needs of small businesses. Financing will be available for fixed assets (plant and equipment) and for working capital. 7 The Revolving Loan Fund will give priority to the businesses that create the maximum number of new jobs. The Revolving Loan Fund applicants will be screened for potential use of vacant facilities located in blighted areas of the community. $100,000.00 of the Revolving Loan Fund will be made available to small businesses for low interest, bridge/gap, $10,000-$20,000 loans to be distributed within 6 months of a natural disaster if the City of Beaumont is declared a national disaster area. Existing Small.Business loan recipients who are in a current or 1-2 month delinquent status with their loans may request a deferral of loan payments to help them recover from the natural disaster. 3. Other economic development objectives and standards include the following: The Revolving Loan Fund borrower will be required to have a 10% equity position in the project. Minorities and females will be encouraged to participate in the Revolving Loan Fund. To prevent displacement of existing capital, all applicants must have written evidence of the need for the RLF funds. E. Financing Policies: The Revolving Loan Fund will include the following goals: 1. The Revolving Loan Fund loans are expected to range between $10,000 and$200,000. 2. No more than 505% of the total SBRLF available capital shall be loaned to any one borrower during any one time period. 3. Terms and Conditions of the Loans The expected amortization period for Revolving Loan Fund loans will be as follows: Working capital loans: Negotiated within normal commercial financing range Machinery and Equipment: Based upon the useful life of equipment financed Land and Building: 15-25 years 4. Interest Rates: Interest rates for all Revolving Loan Fund loans will be variable depending on the needs and financial condition of the applicant. Interest rate floors and ceiling will be established. The minimum interest rate will be four percent. 5. Special Financing Techniques: Revolving Loan Fund staff and administration will employ flexible financing techniques designed to meet the needs of the borrowers and to maximize the effectiveness of the Revolving Loan Fund program. The special financing techniques that may be utilized include: 8 4 Lower than market rates. Extended amortization period for loans. Moratoriums on loan payments for a specified period of time up to a maximum of six months. Existing Loan Program recipients may request to change the payment terms of their loan in an effort to facilitate the continued repayment of the loan when they are having difficulty in doing so. 5. Collateral and Equity requirements: Fixed asset financing will be secured by the fixed assets financed with other assets included if required. Collateral for working capital loans will include inventory, accounts receivable, fixed assets, cash and personal guarantees. The Revolving Loan Fund will mandate the contribution of equity by the borrower, requiring not Less than 10%. 7. Restructuring Loans: The Revolving Loan Fund will not be involved in restructuring third-party loans or in refinancing projects. 8. Use of RLF income: RLF income includes all interest earned on outstanding loan principal, interest earned on accounts holding idle RLF funds, loan fees and other loan-related earnings. RLF income does not include repayment of RLF loan principal and any interest remitted to the U. S. Treasury pursuant to a sequestration of excess funds. RLF income wilt be used to pay administrative expenses as long as RLF income and administrative expense are eared in the same 12-month reporting period and administrative expenses don't exceed 50% of the RLF income or $100,000.00. Any excess RLF income in a 12 month reporting period will be added to the RLF capital base and made available for loans. Any administrative expenses that exceed 50%of the RLF income may be paid from the City of Beaumont Community Development Block Grant Funds and the appropriate RLF income and Expense Statement will be prepared and submitted according to EDA regulations. 9. Participation with other loan programs: To accomplish the stated goals of the Revolving Loan Fund, participation on loans with the following financial institutions ins anticipated: Banks throughout the City. • Small Business Administration. Farmer's Home Administration. • SBA Certified Development Corporation (504's). SBA Small Business investment Corporation(MESBIC). Savings and Loan Associations. • Local equity capital funds. F. Related Activities: 1. Loan Packaging and Referral Service: The Revolving Loan Fund loans will be packaged by the staff in cooperation with the loan officer and staff of the participating financial organization. Those applicants who do not qualify for Revolving Loan Fund loans but are viable applicants for other financing assistance will be referred to the local office of the Small Business Administration, the Southeast Texas Economic Development Foundation (A SBA 504), and other commercial banks or savings and loans in the community. 9 2. Linking Jobs to the Long-Term Unemployed: Should the borrowers need assistance in recruiting the long-term unemployed and low-income persons, the company will be referred to agencies capable of providing assistance. Those agencies include: • Workforce Solutions Southeast Texas • Local Employment Agencies • Advertisement in Local Newspapers il. Administrative Element of the Plan A. Small Business Revolving Loan Fund Board The Mayor and City Council establishes citizen advisory boards, committees and commissions and appoints citizens within the community to serve on these various committees by approval of City Council. A Loan Administration Board will be formed with the membership as follows: 1. Members will be drawn from local financial institutions. 2. Other members wilt be appointed from the Small Business Development Center at Lamar University. 3. One member will be appointed representing the City of Beaumont. 4. The remaining members will be appointed from small and minority businesses or community organizations. Provisions will be made to assure strong representation among women and minorities. At least one member with financing experience must be present for each loan decision. Board members will be appointed to two year terms,which will be staggered to assure continuity on the board. The board will include members from both the public and private sectors. B. Staff The City's Finance Department, Cash Management Division,will provide support staff to the Revolving Loan Fund. The Cash Management staff has experience in analysis of business operations and financial statements and substantial billing and collection experience. The RLF staff will work closely with the particular commercial lending officers of the private financial institution(s) involved in the leveraging of each loan. The loan packages will be prepared to provide adequate loan security and allow maximum operating flexibility to the borrowers. C. Conflict of Interest 1. RLF funds shall not be available to a business entity if the owner of such entity or any owner of an interest in such entity is related by blood, marriage, law or business arrangement to an employee of the City of Beaumont or any member of the City Council, or a member of the SBRLF Loan Advisory Board unless the person(s)affected first discloses in writing to the Loan Advisory Board the potential benefit and the Loan Advisory Board determines that the benefit involved is not so substantial as to affect the integrity of the Board's decision process. 10 2. An officer, employee or board member of the SBRLF shall not solicit or accept, directly or indirectly, any gift, gratuity, favor, entertainment or any other thing of monetary value for himself or for another person, from any person or organization seeking to obtain a loan. 3. Former Loan Advisory Board members and/or Officers are ineligible to apply for or receive loan funds for a period of one year from the date of termination of his/her service. D. Loan Selection and Approval Process 1. Marketinst The Finance Department will have a coordinative managerial role in the areas of capital formation and supporting the existing network of economic development groups active in the area. The staff wilt also continue its ongoing contacts with the SBA and financial institutions. Presentations will be made to the Chamber of Commerce, Minority Business Development Organizations and other potential sources of applicants. 2. Screening Potential applicants for the RV wilt be screened by the staff at the Small Business Development Center(SBDC)at Lamar University and participating financial institutions. Preliminary screening by the SBDC will include, but will not be limited to the following: • Eligibility criteria • Ownership and organizational structure • Potential for job creation • Funding requirements If the preliminary screening process indicates that the potential applicant is appropriate for the RLF, the applicant will be invited to make full application. The RLF staff and the Small Business Development Center wilt provide technical assistance to help applicants with the preparation of necessary documents. Applicants that are ineligible will be referred to other sources which may be appropriate including the SBA, the local 504 Corporation or other programs which may fit the needs of the applicant. 3. Applications At this phase of the process, the following information may be requested from the applicant and his/her financial institution: Application Form • Summary description of business and the project being financed Financial Statement (3 years) • Projections(3 years) Assumption (2 years existing) New Company (3 years) Profit and Loss Statements; Balance Sheets; Cash Flow Analysis 1f • Personal Financial Statements • Cost Summary • Listing of Collateral • Commitment Letter • Appraisal(Financing Real Estate) • Jobs Form • Resume 6n Principals • Business Plans New(detailed description of the business to include the market, competition, location, management, personnel, and purpose of loan) Existing (one page document describing plans to grow or expand) • Certification of Cost-Architectural estimates; equipment vendor quotes;construction cost estimates 4. Evaluations Once all materials requested from the applicant have been submitted,an analysis of the loan request will occur, including review of the applicant's credit report. Staff assembles the information into a complete package and submits to the Loan Advisory Board for review. A decision is based upon factors including, but not limited to: • the ability of the applicant to repay the loan, • the applicant's managerial capabilities, • the tong term retention of jobs that will be provided. 5. Considerations All loans shall be presented to the Loan Advisory Board for consideration. Applicants wilt be afforded an opportunity to address the Board and to answer questions. b. Loan Closing Once final approval has been authorized by the board, staff and legal counsel will assist in preparation of loan closing documents in conjunction with the financial institution, including necessary deeds of trust, liens, mortgage instruments and loan agreements. 7. Disbursement Prior to closing, a schedule of loan disbursements wilt have been negotiated. 8. Monitoring Monitoring of the implementation of the project wilt begin after the initial disbursement. Continuing technical assistance wilt be provided as needed by RLF staff. The Grant's Administration Division will provide assistance with environmental impact and Davis-Bacon wage requirement issues. E. Loan Servicing The loan will be serviced in house by RLF staff who will institute a portfolio management system which monitors each loan on an ongoing basis for timely payment. A servicing agreement may be established with an outside agency to service the loans for the city, if cost effective, where funds will be returned to the Revolving Loan Fund by the private financial institutions on at least a quarterly basis. 12 If a default appears eminent, the staff of the RLF will work with the financial institutions to avert such an occurrence. When default cannot be averted, the staff will commence foreclosure proceedings as mandated by State law. F. Administrative Expenses Administrative expenses will be funded from RLF income, by city funds or from Community Development Block Grant funds. G. Recapitalization Strategy Capitalization of the RLF will be accomplished through recapitalization of RLF loan principal payments, excess RLF income and through program income funds from the CDBG program. , H. Other Requirements 1. Compliance with Civil Rights Laws: Applicants for RLF assistance will be required to pledge not to discriminate against employment applicants. They will be required to sign an affidavit to that effect at the loan closing. Any proven instance of discrimination proven against the loan applicant shall be grounds for calling loan. 2. Environmental Impact: Staff will consider the environmental impact of all proposed projects. 3. Access for the Handicapped: All buildings involved in the proposed project must be made accessible for persons with impaired mobility. 4. insurance: Key man insurance, flood hazard insurance, liability insurance, or other types may be required of the applicant. 5. Davis-Bacon: Construction financed in whole or in part by the RLF will meet the requirement of the Davis- Bacon Act, as amended (40 U.S.C. 276a-5). 6. Relocation: The location of loan projects will be located within the city limits of Beaumont. The City of Beaumont assures that loans will be recalled if the project and/or business activity move from the area. Businesses relocating jobs from another labor area are not eligible borrows. 7. Hold Harmless Provision: RLF loan documents and procedures will protect and hold the Federal government harmless from and against all liabilities that the Federal government may incur as a result of providing an Award to assist (directly or indirectly) in site preparation or construction, as well as the direct or indirect renovation or repair of any facility or site. A hold harmless agreement will be added to all loan documents. 13 D RICH WITH OPPORTUNITY 0EAUM,0N* T - E - X - A - S City Could Ageud-a Item TO: City Council FROM: Kyle Hayes, City Manager ,/ PREPARED BY: Laura Clark, Chief Financial Office#" MEETING DATE: August 28, 2012 REQUESTED ACTION: Council consider a resolution approving the write-off of uncollectible water accounts totaling$14,401.92, for which each individual account exceeds $1,000. BACKGROUND This request is in accordance with the City's current write-off policy as previously approved by City Council. The policy gives Council the final authority to write-off an individual account receivable identified as uncollectible when the balance due exceeds $1,000.00. All accounts have been terminated for at least one year and collection efforts have been unsuccessful. The termination dates for these accounts range from September of 2010 through May of 2011. A detailed report is attached. If at anytime an account becomes collectible after having been written-off, the receivables of the City will be adjusted accordingly. The balance of the account will be reinstated and payments will be applied to the balance. In addition,the customer will not be able to obtain new water service with the City until the delinquent balance has been paid. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of resolution. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT, in accordance with adopted policy, the Council hereby approves the write-off of uncollectible water accounts totaling$14,401.92 for which each individual account exceeds $1,000, as shown on Exhibit "A," attached hereto. PASSED by the City Council of the City of Beaumont this the 28th day August, 2012. - Mayor Becky Ames - PREPARED 8/21/12, 12:09:51 COLLECTION REPORT PAGE 1 PROGRAM UT212L COLLECTION AGENCY - > $1000 -COUNCIL APPROVAL City of Beaumont - Customer Service ------------------------------------------------------------------------------------------------------------------------------------ CUSTOMER ID/NAME ALTERNATE CUSTOMER ID PHONE NUMBER MAILING ADDRESS - - - - - - MISCELLANEOUS INFORMATION - - - - - - - - - - - - - - - - - - - - LOCATION ID/LOCATION ADDRESS TRANSACTION TRANSACTION CURRENT TERMINATION TOTAL CREDIT HELD LOCATION DATE AMOUNT BALANCE DATE OFFENSES EXCEPTION 53867 AIJ.TANCR CH PORTFOLIO LP 030250712505 (888) 628-8662 4000 INTERNATIONAL PKWY STE 3000 C/O VELOCITY CARROLLTON TX 75007-1952 225892 4040 CRON RD 8/21/12 3,349.62 3,349.62 12/03/10 53 YES 53891 ALLIAWCS CR PORTFOLIO LP 030250712904 (713) 977-1120 4000 INTERNATIONAL PKWY STE 3000 C/O VELOCITY CARROLLTON TX 75007-1952 408016 4040 CROW RD 1 8/21/12 2,589.52 2,589.52 12/03/10 54 YES 210057 ALLIANCE CH PORTFOLIO LP 030252692804 (713) 977-1120 4000 INTERNATIONAL PXWY STE 3000 C/O VELOCITY CARROLLTON TX 75007-1952 418488 4040 CROW RD 2 8/21/12 2,781.52 2,781.52 12/03/10 56 YES 406035 JACXSW.PATRICIA (409) 499-5256 1145 OREGON AVE APT 21 BEAUMONT TX 77705-5740 Q 147088 3875 IRVIMG ST 8/21/12 1,980.26 1,980.26 4112/11 26 YES m 402645 JUKHS,aAnh B'VNTTE (409) 225-3932 3710 MAGNOLIA AVE APT 601 m BEAUMONT TX 77703-3003 214680 8650 RREFIEW LN 8/21/12 1,421.98 1,421.98 5106111 10 YES v 394649 LSB,ASHLYS 1423) 273-6060 w 1680 MONTROSE ST BEAUMONT TX 77707-3130 415756 1680 MONTROSE ST 8/21/12 1,059-16 1,059.16 4/19/11 27 YES 382489 NERCE,CHERrL L (409) 892-5763 5170 PINE BURR BLVD BEAUMONT TX 77708-5611 160076 5170 PINE BURR BLVD 8/21/12 1,219.86 1,219.86 9/24/10 101 YES **+ COLLECTION AGENCY TOTALS- NO. OF CUSTOMERS- 7 14,401.92 14,401.92 DELETED RECORDS .00 .00 PREPARED 8/21/12, 12:09:51 COLLECTION REPORT PAGE 1 PROGRAM UT212L COLLECTION AGENCY SUMMARY City of Beaumont - Customer Service ------------------------------------------------------------------------------------------------------------------------------------ TOTAL TOTAL TOTAL COLLECTION AGENCY CUSTOMERS LOCATIONS AMOUNT ------------------------------------------------------------------------------------------------------------------------------------ > $1000 -COUNCIL APPROVAL 7 7 14,401.92 ... TOTALS *** 7 7 14,401.92 E RICH WITH OPPORTUNITY B'EA , N* T . E . x City Council Agenda Item TO: City Council Kyle Hayes,City FROM: Y Y Y Man PREPARED BY: James Singletary,Chief of Police MEETING DATE: August 28,2012 REQUESTED ACTION: Council consider a resolution approving the adoption of the South East Texas Regional Mitigation Action Plan. BACKGROUND The Federal Emergency Management Agency(FEMA) implemented hazard mitigation planning regulations as part of the Disaster Mitigation Act of 2000. These provisions provide federal requirements for mitigation planning and offer a significant opportunity to reduce disaster losses through mitigation planning at both the State and local government. Compliance with these regulations have enabled the City to participate in many federally funded mitigation activities, including the recent completion of the Calder Street project.A revision is mandated every five years and the final step for FEMA approval is formal adoption of the recommended revision. In 2011,the South East Texas Regional Planning Commission(SETRPC) contracted with Metro Planning,Inc.to work with SETRPC,Jefferson,Hardin and Orange Counties and all cities within, including the City of Beaumont,to develop this extensive all-hazard Mitigation Action Plan(MAP). During the planning process, SETRPC facilitated the public meeting reviews as required by law. Upon approval of Jefferson County and Regional MAPs by the appropriate governing bodies,the MAPs are given final approval by FEMA.This is a requirement for the City to receive federal funds for future natural disaster events. The Jefferson County Mitigation Action Plan was adopted by Beaumont in resolution#12-075 on April 3,2012.FEMA has now approved the regional mitigation action plan, which incorporates the plans from all three counties and the included cities. FUNDING SOURCE Not applicable. ' RECOMMENDATION Approval of resolution. RESOLUTION NO. A RESOLUTION APPROVING AND ADOPTING THE SOUTH EAST TEXAS REGIONAL MITIGATION ACTION PLAN. WHEREAS, the South East Texas Region has experienced severe damage from floods, hurricanes, wildfires and tornados on many occasions in the past century resulting in loss of life, property,economic hardship and threats to public safety, health and security; and, WHEREAS, the South East Texas Regional Mitigation Action Plan has been significantly updated within the past year with input from the South East Texas Regional Planning Commission and local jurisdictions, including a number of professionals and community members; and, WHEREAS, the South East Texas Regional Mitigation Action Plan recommends many hazard mitigation actions that will protect the people and property affected by natural hazards that impact the South East Texas region; and, WHEREAS, public meetings were held as required by law to review the actions,the hazards profiled and the South East Texas Regional Mitigation Action Plan; 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 South East Texas Regional Mitigation Action Plan is hereby adopted as the official plan for the South East Texas Region in Texas. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 28th day of August, 2012. - Mayor Becky Ames - ATTEST: Tina Broussard City Clerk City of Beaumont RICH WITH OPPORTUNITY T • E s • A • S Cl Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Patrick Donart,Public Works Director MEETING DATE: August 28,2012 REQUESTED ACTION: Council consider a resolution approving Change Order No. 1 to the contract with N&T Construction,Inc. in the amount of$18,588.99 related to the construction of a new Communication Building. BACKGROUND A contract in the amount of$1,780,000 was awarded to N&T Construction,Inc. on June 5, 2012. Change Order No. 1 includes the elimination of a 100 linear foot concrete retaining wall on the east side of the new building. This concrete retaining wall had to be deleted from the design due to its proximity to a 42 inch water line. Upon location of the 42 inch line,the Water Utilities Director determined that the retaining wall could not be constructed within 20 ft. of the water line. This water line services 95%of the city and disruption of this water line would have serious consequences. The Water Utilities Director has approved a new design for construction that will not interfere with the water line. The new design includes the construction of an earthen barrier wall with a 4:1 slope for approximately 45 ft. on the east side of the building. A concrete bunker will be constructed on the southeast comer of the site where the 20 ft limit cannot be maintained. The building's elevation must be eight feet above natural ground level to meet current storm surge predictions which were a requirement of the grant. This elevation necessitated the construction of the concrete retaining walls. It wasn't until the water line was located by the contractor that it was determined that the construction of the foundation piers in close proximity to the water line could potentially cause a failure in the 50 year old concrete pipe. Included in Change Order No. 1 is the request for an additional eight(8)days due to weather conditions. The effective substantial completion date is February 20, 2013. Change Order No. i -Communications Building August 28, 2013 Page 2 FUNDING SOURCE Department of Ho melawl Security-Port Security Grant and the Water Fund. There is a 25% match that will be funded by the Capital Program. RECOM WENDATION Approval of resolution. CHANGE ORDER PROJECT: New Communications Building CHANGE ORDER NO: 1 CONTRACTOR: N&T Construction., Inc. DATE: August 16,2012 1376 Laurel Avenue ARCHITECT'S PROJECT NO.: 08040. Beaumont,TX 77701 CONTRACT DATE: June 4,2012 CONTRACT FOR: New Construction The Contract is changed as follows: 1. Foremost Concrete $5,174.40 11`.12 . Subcartractor OH&P $ 517.44 Subconbuctor Total $5,691.84 Supervision $ 200.00 Bonds and Insurance $ 62.00 Subtotal $5,963.84 N&T Construction Mark Up 59/6 $ 297.70 Total Proposal fail-H 2.Delete INV of Raffia MME on jAw East side of lie new buNding Foremost Construction $10,626.95 Subcontractor Total......$10,626.95 Supervision......$ 1,000.00 Bonds and Insurance......$ 123.00 Subtotal $11,749.95 NST Construction Mark Up 5% $ 587.50 Total Proposal $12,337AS ADD $18.588.99 ***See attached breakdown Not valid until signed by the Owner,Architect,and Contractor. The original Contract Sum was....................................................................................................... $1,780,000.00 Net change by previously authorized Change Orders.......................................................................................$00 The Contract Sum prior to this Change Order was..........................................................................$1,780,000.00 The Contract sum will be increased by this Change Order in the amount of ......................................$18,588.99 The new Contract Sum including this Change.Order will be...........................................................$1,798,588.99 The Contract Time will be increased by zero(8)days. The date of Substantial Completion as of the date of this Change Order therefore is February 20,2012. NOTE: The summary does not reflect changes in the Contract Sum or Contract Time which have been authorized by Construction Change Directive. The LaBic he Architectural Group N&T Construction., Inc. City of Beaumont 7999 Gladys Avenue, Suite 101 1376 Laurel Avenue 801 Main Street Beaumont,Texas 77706 Beaumont,Texas, 77701 Beaumont,Texas 77707 By: By: By: Date: Date: Date: FzEID qR 6-9 Q�,G Wq� ctiA 0 c� l �q w n C(- y `sue 16306 P qTF OF IF'� RESOLUTION NO. WHEREAS, on June,5,2012,the City Council of the City of Beaumont,Texas,passed Resolution No. 12-124 awarding a contract in the amount of $1,780,000 to N & T Construction Company, Inc., of Beaumont, Texas,for the construction of a Communications Building; and, WHEREAS, Change Order No. 1, in the amount of $18,588.99, is required for the elimination of a 100 linear foot concrete retaining wall on the east side of the building and the addition of an earthen barrier wall on the east side of the building and a concrete bunker on the southeast comer of the site, thereby increasing the contract amount to $1,798,588.99; 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; THAT the City Manager be and he is hereby authorized to execute Change Order No. 1 for additional work described above,thereby increasing the contract amount by$18,588.99 and an additional eight(8)calendar days for a total contract amount of$1,798,588.99 for the construction of a Communications Building. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 28th day of August, 2012. - Mayor Becky Ames - Alex WITz art &TUNITY BEAD REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS AUGUST 28,2012 1:30 P.M. AGENDA CALL TO ORDER * Invocation Pledge Roll Call * Presentations and Recognition * Public Comment: Persons may speak on scheduled agenda items 6-12/Consent Agenda * Consent Agenda GENERAL BUSINESS 1. Consider an ordinance approving a zone change from LI(Light Industrial)District to RS (Residential Single Family Dwelling)District for property located on the north side of Baker Road 2. Consider an ordinance approving a specific use permit to allow antique furniture restoration in an RCR-H(Residential Conservation and Revitalization-H)District at 1801 North Street 3. Consider an ordinance approving a specific use permit to allow a child day care in an RS (Residential Single Family Dwelling)District at 1450 W. Lucas 4. Consider an ordinance amending the Zoning Ordinance, specifically Section 28.02.004, Section 28.03.024 (c)and Section 28.04.006(1)related to certificates of occupancy, distance from any property for any solid surface and the screening of back flow devices 5. Consider an ordinance approving a street name change from Westfield Avenue to Claybourn Drive 6. Consider an ordinance approving the abandonment of Avenue E between Gilbert and Milam Streets 7. Consider an ordinance approving the abandonment of a 40' x 140' portion of Goliad right-of-way at the corner of Harriot and Goliad Streets 8. Consider an ordinance approving the abandonment of a 202.04' x 10' section of Stagg Drive located on the south side,beginning 88.10' east of 116' Street 9. Consider an ordinance approving the abandonment of a 0.3530 acre portion of Stagg Drive located approximately 290 feet east of the intersection of Stagg and N. I Vh Street 10. Consider an ordinance amending the boundaries of the wards of the City of Beaumont for election purposes 11. Consider a resolution approving annual contracts to multiple vendors for the purchase of traffic marking materials 12. Consider a resolution approving an annual contract for Heating,Ventilation and Air Conditioning maintenance and repair WORK SESSION * Review and discuss a request by Cimarex Energy to amend the Code of Ordinances related to seismic testing * Review and discuss the proposed FY 2013 Budget and the proposed 2013 Capital Program PUBLIC HEARING * Receive comments on the 2012 (FY 2013)Proposed Tax Rate * Receive comments on the proposed FY 2013 Budget and the proposed 2013 Capital Program COMMENTS * Councilmembers/City Manager comment on various matters * Public Comment(Persons are limited to 3 minutes) Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact Mitchell Normand at 880-3777 three days prior to the meeting. 1 August 28,2012 Consider an ordinance approving a zone change from LI (Light Industrial) District to RS (Residential Single Family Dwelling)District for property located on the north side of Baker Road RICH WITH OPPORTUNITY 1 T • E • % • A s City Council Ag @a Item TO: City Council FROM: Kyle Hayes, City Manager 015 PREPARED BY: Chris Boone, Community Development Director MEETING DATE: August 28, 2012 REQUESTED ACTION: Council consider an ordinance approving a zone change from LI(Light Industrial)District to RS (Residential Single Family Dwelling)District. BACKGROUND Brian Allen,the property owner,has applied for a zone change from LI District to RS District for property located on the north side of Baker Road, approximately 565'east of the intersection of Baker Road and Wescalder Road. Mr. Allen states that the reason for the zone change request is that the area around Baker Road is becoming more residential in nature and the LI zoning is no longer appropriate. In April,2010, 0.74 acres of land to the west-and southwest of the subject property was rezoned from LI to RS. A house has been built on a portion of that property. At a Joint Public Hearing held August 20,2012,the Planning Commission recommended approval 8:0 of the zone change. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of ordinance. 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 LI (LIGHT INDUSTRIAL) DISTRICT TO RS (RESIDENTIAL SINGLE FAMILY DWELLING) DISTRICT FOR PROPERTY LOCATED ON THE NORTH SIDE OF BAKER ROAD, APPROXIMATELY 565' EAST OF THE INTERSECTION OF BAKER ROAD AND WESCALDER ROAD, BEAUMONT, JEFFERSON COUNTY, TEXAS;PROVIDING FOR SEVERABILITY;PROVIDING FOR REPEAL AND PROVIDING A PENALTY. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That Chapter 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 LI (Light Industrial) District to RS (Residential Single Family Dwelling) District for property located on the north side of Baker Road, approximately 565'east of the intersection of Baker Road and Wescalder Road, being Pt. of Lots 4-5, Block 8, Tracts 9 & 10, Pt. of Lot 4, Block 8, Tract 13, Wescalder Fig Acres, City of Beaumont, Jefferson County,Texas,containing 1.29 acres, more or less, as shown in Exhibit "A" attached hereto, 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 28th day of August, 2012. - Mayor Becky Ames - r - : Request for a zone change from LI (Light Industrial)District to RS N (Residential Single Family Dwelling) District Location: North side of Baker Road, approximately 565' east of the intersection of Baker Road and Wescalder Road Applicant: Brian Allen, Sr. 0 100 200 i Feet Legend ® 2139Z M R-S (PRIVATE) r r z R=S v* R-S BAKER RD Z O Ori C - - S X R=S R-S CA o EXHIBIT "A" 2 August 28,2012 Consider an ordinance approving a specific use permit to allow antique furniture restoration in an RCR-H(Residential Conservation and Revitalization-H)District at 1801 North Street RICH WITH OPPORTUNITY BEAU`9',,,0'N* T • E . g A S City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager �>fS PREPARED BY: Chris Boone, Community Development Director MEETING DATE: August 28, 2012 REQUESTED ACTION: Council consider an ordinance approving a specific use permit to allow antique furniture restoration in an RCR-H (Residential Conservation and Revitalization-H) District at 1801 North Street. BACKGROUND Rodney Cooley has applied for a specific use permit. Mr. Cooley states that he owns an antique shop at 2464 Calder. He would like to use the property at 1801 North for rehabilitating,painting and working on the furniture that he sells in the antique store. There is an existing commercial building on the subject property. In June, 2004, City Council approved a specific use permit to allow someone else to operate a re- upholstery and furniture repair shop at this address. That business has since closed. Mr. Cooley is requesting a modification to the landscaping/screening requirements along the north and west sides of the property. In 2004, a 6'tall wood screening fence stood along the west property line and a 4'tall wood screening fence stood along the north property line. At that time, City Council approved modifications to the landscaping/screening requirements. A recent inspection of the property showed that part of the 6'tall wood screening fence along the west property line is gone. In addition, a portion of the 4'tall wood screening fence along the north property line is missing. At a Joint Public Hearing held August 20,2012,the Planning Commission recommended approval 8:0 of the specific use permit subject to the following condition: i. Replace the 6'tall wood screening fence missing along the west property line and install a 4'tall wood screening fence or a 6'wide landscape bed along the west 26'of the north property line and with a modification of the landscaping requirement along the west property line(no 10' wide landscape strip). FUNDING SOURCE Not applicable. RECOAMENDATION Approval of ordinance subject to the following condition: 1. Replace the 6'tall wood screening fence missing along the west property line and install a 4'tall wood screening fence or a 6'wide landscape bed along the west 26' of the north property line and with a modification of the landscaping requirement along the west property line(no 10'wide landscape strip). ORDINANCE NO. ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW ANTIQUE FURNITURE RESTORATION IN A RCR-H (RESIDENTIAL CONSERVATION AND REVITALIZATION-H) DISTRICT AT 1801 NORTH STREET, IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS, Rodney Cooley has applied for a specific use permit to allow antique furniture restoration in a RCR-H (Residential Conservation and Revitalization-H) District at 1801 North Street, being the N 75' of Lot 12 and the N 75' of the E 25' of Lot 11, Block 22, McFaddin 2"d, City of Beaumont, Jefferson County, Texas, containing 0.129 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 and is recommending approval of a specific use permit to allow antique furniture restoration in a RCR-H(Residential Conservation and Revitalization-H)District at 1801 North Street, subject to the following condition: • Replace the 6' tali wood screening fence missing along the west property line and install a 4'tall wood screening fence or a 6'wide landscape bed along the west 26' of the north property line; and, with the modification of the landscaping requirement along the west property line(no 10'wide landscape strip); 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 ordinance are hereby, in all things, approved and adopted; and, all things, approved and adopted; and, Section 1. That a spec use permit to allow antique furniture restoration in a RCR-H (Residential Conservation and Revitalization-H) District at 1801 North Street, being the N 75' of Lot 12 and the N 75' of the E 25' of Lot 11, Block 22, McFaddin 2', City of Beaumont, Jefferson County, Texas, containing 0.129 acres, more or less, as shown on Exhibit'A,"attached hereto, is hereby granted to Rodney Cooley,his legal representatives, successors and assigns, as shown on Exhibit"B,"attached hereto and made a part hereof for all purposes, subject to the following condition: • Replace the 6' tall wood screening fence missing along the west property line and install a 4' tall wood screening fence or a 6' wide landscape bed along the west 26' of the north property line; and, with the modification of the landscaping requirement along the west property line (no 10' wide landscape strip). 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 28th day of August, 2012. - Mayor Becky Ames - ' - : Request for a specific use permit to allow a antique furniture restoration in an N CR-H(Residential Conservation and Revitalization-H) District, cation: 1801 North Street Applicant: Rodney Cooley 0 100 200 L I I Feet HAZEL AVE Legend ® 2140P _ R- R-S, -S R- RC -H RG R G2, NORTH ST N Z CA v RCR-H RC R-H N RCR---H - - w RCR-H RCRwH v CO MCFADDIN AVE RCR-H RCR-H RC R-H R- EXHIBIT "A" IL - v l8Gl MOlz Approval subject to the following condition: 1. Replace the 6'tall wood screening fence missing along the west property line and install a 4'tall wood screening fence or a 6'wide landscape bed along the west 26'of the north property line - nd with a modification of the landscaping requirement along the west property line(no 10'wide andscape strip). t�= Za� EXHIBIT "B" 3 August 28,2012 Consider an ordinance approving a specific use permit to allow a child day care in an RS (Residential Single Family Dwelling)District at 1450 W. Lucas RICH WITS OPPORTUNITY BEAUM.OK* T • E • g A S City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Chris Boone, Community Development Director MEETING DATE: August 28,2012 REQUESTED ACTION: Council consider an ordinance approving a specific use permit to allow a child day care in an RS (Residential Single Family Dwelling)District at 1450 W. Lucas. BACKGROUND Shukia Brown,the property owner, has applied for a specific use permit. Back in 2010,home-based day cares became an issue,when it was determined that many were operating with more than five children, with a State permit, but not meeting Fire, Building and Health codes. At that time, local codes were amended to relax the requirements,provided that any new home-based day facility, caring for more than five children would be required to obtain a specific use permit. This specific use permit would allow for Planning Commission and City Council review, as well as notification of neighbors. Shukia Brown,the property owner,has applied for a specific use permit to allow a child day care in an RS (Residential Single Family Dwelling)District. The property is located at 1450 W. Lucas Dr. Approximately two months ago, Ms. Brown asked staff if she would be allowed to operate a child day care at her home at 1450 W. Lucas Dr. She was told that to meet the Zoning Ordinance's definition of a home occupation, she must limit the number of children for which she receives compensation to no more than five. Not until later did staff realize that Ms. Brown was registered by the State of Texas. The Zoning Ordinance requires that when a child day care facility is registered or licensed by the State, a specific use permit is required. At that time, Ms. Brown was informed that a specific use permit would be required to continue operating. The Zoning Ordinance's definition of a home occupation includes the keeping of up to five(5) children under the age of sixteen(16)apart from their parents, guardians or custodians for regular periods of time for compensation,provided that the total number of children under the age of sixteen(16)years on the premises at any one time, including those kept without compensation and those who reside on the premises, shall not exceed eight(8). If a child care facility meets that definition and is not registered or licensed by the State of Texas, it is allowed by right as a home occupation in an RS (Single Family Dwelling)District. At a Joint Public Hearing held August 20,2012,'the Planning Commission recommended approval 5:3 of the specific use permit subject to the following conditions: 1. The number of children kept for compensation shall not exceed five children under the age of sixteen at any one time. 2. If the specific use permit is approved, Ms. Brown must apply for a certificate of occupancy. Prior to the issuance of the certificate of occupancy, Ms. Brown must comply with all of the required codes of the City of Beaumont; 3. An 8'tall wood screening fence shall be installed along the east and south sides of the play yard(where the chain link fence now exists); and with a modification to the landscaping/screening requirements along the north, east and south property lines (8'tall wood screening fence along the north,east and south sides of the play yard and no 10'wide landscape strip along the north and south sides of the property). FUNDING SOURCE Not applicable. RECOMMENDATION Approval of ordinance subject to the following conditions: 1. The number of children kept for compensation shall not exceed five children under the age of sixteen at any one time. 2. If the specific use permit is approved, Ms. Brown must apply for a certificate of occupancy. Prior to the issuance of the certificate of occupancy,Ms. Brown must comply with all of the required codes of the City of Beaumont; 3. An 8'tall wood screening fence shall be installed along the east and south sides of the play yard(where the chain link fence now exists); and with a modification to the landscaping/screening requirements along the north,east and south property lines(8'tall wood screening fence along the north,east and south sides of the play yard and no 10'wide landscape strip along the north and south sides of the property). The"20%Rule" Section 28-02.008 (d) of the Zoning Ordinance states the following: Protest: The City Council shall not amend, supplement, change, modify or repeal any regulation,restriction or boundary or approve a Specific Use Permit where a protest against such change, signed by the owners of twenty (20) percent or more either of the area of the lots included in such proposed change or of the lots or land immediately adjoining the same and extending two hundred (200) feet therefrom,except by the favorable vote of three-fourths(3/4)of all the members of the City Council. This means that in order to approve a zone change or specific use permit when the 20%rule has been invoked at least six Council members must vote in favor of the Ordinance. On File 2141-P,a protest of 36.4%was received,therefore invoking the Rule on this case. ORDINANCE NO. ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A CHILD DAY CARE IN A RS (RESIDENTIAL SINGLE FAMILY DWELLING) DISTRICT AT 1450 W. LUCAS DRIVE, IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS, Shukia Brown has applied for a specific use permit to allow a child day care in a RS (Residential Single Family Dwelling) District at 1450 W. Lucas Drive, being the N %of Lot 10 and all of Lot 11, Block 9, Calder Highlands Addition, City of Beaumont, Jefferson County, Texas, containing 0.38 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 and is recommending approval of a specific use permit to allow a child day care in a RS(Residential Single Family Dwelling)District at 1450 W. Lucas Drive, subject to the following conditions: • The number of children kept for compensation shall not exceed five children under the age of sixteen at any one time. • If the specific use permit is approved, Ms. Brown must apply for a certificate of occupancy. Prior to the issuance of the certificate of occupancy, Ms. Brown must comply with all of the required codes of the City of Beaumont. • A 8' tall wood screening fence shall be installed along the east and south sides fo the play yard (where the chain link fence now exists.); and, with the modification to the landscaping/screening requirements along the north, east and south property lines (8'tall wood screening fence along the north, east and south sides of the play yard and no 10' wide landscape strip along the north and south sides of the property); 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 ordinance are hereby, in all things, approved and adopted; and, Section 1. That a specific use permit to allow a child day care in a RS (Residential Single Family Dwelling) District at 1450 W. Lucas Drive, being the N Y2 of Lot 10 and all of Lot 11, Block 9, Calder Highlands Addition, City of Beaumont,Jefferson County,Texas,containing 0.38 acres, more or less, as shown on Exhibit"A," attached hereto, is hereby granted to Shukia Brown, her 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 number of children kept for compensation shall not exceed five children under the age of sixteen at any one time. • If the speck use permit is approved, Ms. Brown must apply for a certificate of occupancy. Prior to the issuance of the certificate of occupancy, Ms. Brown must comply with al of the required codes of the City of Beaumont. • A 8'tall wood screening fence shall be installed along the east and south sides fo the play yard (where the chain link fence now exists.); and, with the modification to the landscaping/screening requirements along the north, east and south property lines (8'tall wood screening fence along the north,east and south sides of the play yard and no 10' wide landscape strip along the north and south sides of the property). 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 28th day of August, 2012. - Mayor Becky Ames - MUM- : Request for a specific use permit to allow a child day care in an RS N (Residential Single Family Dwelling) District. Location: 1450 W.Lucas Drive Applicant: Shukia Brown 0 100 200 i I I Feet Legend ® 2141P R-S R-S r C n a N 0 M r GC-MD GC-MD GC-MD EXHIBIT "A" �t(ST1►�UG. � ��� N G6k►cgz_�f�'C�i=W�- O M r a 6 � LL * Approval subject to the following conditions: 1. The number of children kept for compensation shall not exceed five children under the age of sixteen at any one time. 2. If the specific use permit is approved,Ms.Brown must apply for a certificate of occupancy. Prior to the issuance of the certificate of occupancy,Ms.Brown must comply with all of the required codes of the City of Beaumont; 3. An 8'tall wood screening fence shall be installed along the east and south sides of the play yard(where the chain link fence now exists) and with a modification to the landscaping/screening requirements along the north, east and south property lines(8'tall wood screening fence along the north, east and south sides of the play yard and no 10'wide landscape strip along the north and south sides of the property). 4 August 28,2012 Consider an ordinance amending the Zoning Ordinance, specifically Section 28.02.004, Section 28.03.024(c)and Section 28.04.006 related to certificates of occupancy, distance from any property for any solid surface and the screening of back flow devices RICH WITS OPPORTUNITY BEAUROIN'* T • E • g . A • s City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Chris Boone, Community Development Director MEETING DATE: August 28, 2012 REQUESTED ACTION: Council consider an ordinance amending the Zoning Ordinance, specifically Section 28.02.004, Section 28.03.024(c)and Section 28.04.006 related to certificates of occupancy, distance from any property for any solid surface and the screening of back flow devices. BACKGROUND The City of Beaumont Planning Division has recommended amendments to the Zoning Ordinance. The recommended amendments are as follows: ARTICLE 28.02 ADMINISTRATION Sec. 28.02.004 Certificate of occupancy and compliance No existing building, structure or lot shall be changed in use;[and]no building, structure, lot or newly erected,enlarged or structurally altered part of a building or structure shall be occupied or used for its intended purpose unless a certificate of occupancy and compliance shall first have been issued by the building official of the city certifying that the use, building,structure, lot or newly erected,enlarged or structurally altered part of a building or structure complies with the building code, fire code, zoning code, subdivision code and other applicable codes of the city. Before an irrigation water meter can be installed at vacant lots that are to be used for agricultural purposes or for the keeping of livestock; a water meter permit must first be obtained. A backflow prevention device must meet the requirements of the Texas Commission on Environmental Quality. ARTICLE 28.03 DISTRICT REGULATIONS Sec. 28.03.024(c) Area and height exceptions. 1. In residential districts one story,unattached accessory buildings or structures less than twenty(20) feet in height may be located to within two and one-half(2 '/z)feet from an interior side yard or rear yard property line provided they are located in the rear yard or as close to the rear yard as existing utility easements will permit; provided,however,that an accessory building or structure cannot cover more than sixty(60)percent of a rear yard. 2. In an industrial district,no structural setback shall be required from a railroad right- of-way not less than fifty(50)feet in width. 3. A building or structure in any zoning district may exceed the district maximum height regulations with a specific use permit provided that there shall be an additional one(1)foot of required yard for each two (2)feet of additional height. In NC,NSC,GC-MD,GC-MD=2,C-M,LI and HI Districts the minimum interior side yard which abuts any property located in an A-R,RS,RM-M,RCR or RCR-H District shall be increased by one(1) foot for each two (2)feet in height for that portion of any structure or building in excess of forty-five(45)feet in height. 4. Interior side yards shall not be required for abutting properties in the same zoning district if both properties are developed as a unit under a common development plan. 5. Nonconforming lots of record existing at the time of adoption of this chapter and lots or parcels created as a result of condemnation or involuntary sale by the owner to a government entity with the power of eminent domain, shall be exempt,unless otherwise indicated, from the minimum lot area, depth,and width requirements provided they are developed in accordance with all minimum yard requirements. Multifamily uses shall not be exempt from the minimum lot area requirements. 6. When individual attached townhouses or condominiums are to be sold separately, there shall be not minimum lot area requirement;provided that the total land area of the project,including the land on which the units are located and the land held in common ownership by the unity owners, is equal to the total minimum land area required per dwelling unit or lot in the district in which the project is located. 7. The height regulations of this chapter shall not apply to belfries,chimneys, church spires, conveyors,cooling towers, elevator bulkheads, fire towers, storage towers, flagpoles,monuments, ornamental towers or spires, cranes,construction equipment, smoke stacks, stage towers and scenery lofts,tanks,water towers,ham radio and television antennas, and microwave relay,radio and television transmission towers. 8. Minimum front yard setbacks for lots with predominant frontage on the curved radius of a cul-de-sac shall be fifteen(15) feet. 9. Buildings or structures for existing developments in industrial districts shall be exempt from the minimum yard requirements where the expansion, enlargement or separate addition thereof is limited to land already owned by those businesses or committed to them under long-term leases (or extensions thereof)at the time of the enactment of this chapter unless it abuts a residential zoning district. 10. Permitted residential uses in the CBD,Central Business District, shall not be subject to the restrictions of a more restricted residential district. 11. The zero-lot-line concept which involves locating a residential dwelling with a doorless and windowless wall actually on one interior side yard lot line adjacent to a dwelling with a side yard that is the width of two(2)minimum side yards for the district in which located, shall be permitted when the appropriate building lines, necessary structural restrictions,five-foot maintenance access easement, and a maximum three-foot roof overhang easement are shown on a recorded plat which has been approved by the planning commission. 12. Existing industrial uses in industrial zoning districts may, in addition to or instead of any other remedies in this chapter, apply for a specific use permit in order to be exempt from the minimum yard requirements for the expansion, enlargement or separate addition of buildings or structures on adjacent land in the same zoning district acquired by purchase or lease after the adoption of this chapter. 13. Where an existing residential structure does not contain a garage or carport and where there is not adequate area for an accessible parking space behind the front yard area, a carport having no side walls may be constructed in the front yard area. 14. Minimum rear yards for lots of record existing at the time of the adoption of this chapter in multiple-family dwelling districts and commercial districts shall be reduced to a minimum of ten(10)percent of the depth of the lot,but not less than a minimum of ten(10) feet. 15. Minimum rear yards in all commercial districts except for C-M shall be reduced to ten(10)feet when the rear yard abuts a commercial district. 16. Exterior side yards when backing up to an abutting side yard in NC, GC-MD and GC-MD-2 Districts shall be reduced to ten(10)feet. 17. In an RS District,the twenty-five-foot rear yard building setback may be reduced to a minimum of fifteen(15) feet provided no accessory buildings of any type shall be permitted to be located in the reduced rear yard. 18. All paved hard surfaces, including but not limited to sidewalks, driveways,pool decks and patios shall be a minimum of two (2)feet from any side or rear property line. ARTICLE 28.04 SUPPLEMENTAL PROVISIONS Sec. 28.04.006 Landscaping and screening requirements (Z) Screening o bac ow prevention devices. Any backflow prevention device required by the Plumbing Code, Article 24.02, Division 4, be it a commercial or residential use, Shall be completely screened from the street via landscaping or a solid, opaque fence. At a Joint Public Hearing held August 20,2012, the Planning Commission recommended approval 8:0 of the amendments. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of ordinance. ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING CHAPTER 28, SECTIONS 28.02.004, 28.03.024(c), AND 28.04.006 OF THE CODE OF ORDINANCES OF BEAUMONT, TEXAS, TO MAKE CORRECTIONS AND ADDITIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL; AND PROVIDING A PENALTY. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. THAT Chapter 28, Section 28.02.004 of the Code of Ordinances be and the same is hereby amended to read as follows: ARTICLE 28.02 ADMINISTRATION Sec. 28.02.004 Certificate of occupancy and com Imo. No existing building, structure or lot shall be changed in use; [and] no building, structure, lot or newly erected, enlarged or structurally altered part of a building or structure shall be occupied or used for its intended purpose unless a certificate of occupancy and compliance shall first have been issued by the building official of the city certifying that the use, building, structure, lot or newly erected, enlarged or structurally altered part of a building or structure complies with the building code, fire code, zoning code, subdivision code and other applicable codes of the city. Before an irrigation water meter can be installed at vacant lots that are to be used for agricultural purposes or for the keeping of livestock, a water meter permit must first be obtained. A backflow prevention device must meet the requirements of the Texas Commission on Environmental Quality. Section 2. THAT Chapter 28, Section 28.03.024(c) of the Code of Ordinances be and the same is hereby amended by adding a new Subsection 28.03.024(c)(18) to read as follows: ARTICLE 28.03 DISTRICT REGULATIONS Sec. 28.03.024(c) Area and height exceptions. (18) All paved hard surfaces, including but not limited to sidewalks, driveways, pool decks and patios shall be a minimum of two (2) feet from any side or rear property line. Section 3. THAT Chapter 28, Section 28.04.006 of the Code of Ordinances be and the same is hereby amended by adding a new Subsection 28.04.006(1) to read as follows: ARTICLE 28.04 SUPPLEMENTAL PROVISIONS Sec. 28.02.006 Landscaping and screening requirements. (1) Screening of backflow prevention devices. Any backflow prevention device required by the Plumbing Code,Article 24.02, Division 4, be it a commercial or residential use, shall be completely screened from the street via landscaping or a solid, opaque fence. Section 4. 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 5. That all ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only. Section 6. 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 28th day ofAugust, 2012. - Mayor Becky Ames - 5 August 28,2412 Consider an ordinance approving a street name change from Westfield Avenue to Claybourn Drive RICH WITH OPPORTUNITY BEAUumu"N* T • E . X A . s City Council Agenda Item TO: � City Council FROM: Kyle Hayes, City Manager C� PREPARED BY: Chris Boone, Community Development Director MEETING DATE: August 28,2012 REQUESTED ACTION: Council consider an ordinance approving a street name change from Westfield Avenue to Claybourn Drive. BACKGROUND The City of Beaumont Planning Division has applied for the street name change from Westfield Avenue to Claybourn Drive between N. Major Drive and the east property line of Fairfield Addition,Ph. II.. As part of Fairfield,Phase III, an extension of Westfield Avenue is being constructed from its current eastern terminus to the east bank of DD#6 Ditch#123-D. Westfield will eventually connect with an extension of Claybourn Drive in Barrington Heights to create one continuous street. There are no properties addressed on the existing portion of Westfield. There are currently 32 properties with Claybourn addresses. For practical purposes,it makes sense that a continuous street have one name. Since Westfield has no addresses and Claybourn has a large number,it is justifiable to name the entire street Claybourn Drive. At a Joint Public Hearing held August 20, 2012,the Planning Commission recommended approval 8:0 of the street name change. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of ordinance. I ORDINANCE NO. ENTITLED AN ORDINANCE CHANGING THE NAME OF WESTFIELD AVENUE TO CLAYBOURN DRIVE, BEAUMONT, JEFFERSON COUNTY, TEXAS. BE IT ORDAINED BY THE CITY OF BEAUMONT: THAT Westfield Avenue, as described in Exhibit "A" and shown on Exhibit "B," attached hereto and made a part hereof, be and the same is hereby renamed to Claybourn Drive. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 28th day of August, 2012. - Mayor Becky Ames - LEGAL DESCRIPTION FOR ORDINANCE PURPOSES Being a 1,030' section of Westfield Avenue,beginning at what is the east right-of-way line of N. Major Drive and running in an easterly direction for a distance of 1,030'to what is the east boundary line of Fairfield,Phase H, City of Beaumont,Jefferson County, Texas. EXHIBIT "A" o - e - ovo�e m�8 0 0a 0n a° °aa4opoQOp�Qa° pddddtia °t° ���►� oaaa an Cum"A"oln o o a 000000d° nn nano a as raaNaa�°a o 0000 orfl °aro n' na-aa 'no n a0�oa�aa�°a o ' 0vavvvvao - °° oo,aa000a o - ° 0000aoaoagaav o E7 °o; op®DD o0 oo�0w a !!� o`DD®pA a000/0 f� ° Damo00000000 °n cocoadi Opv °v . ° ppp®Opopd�160 p �+ IWEe����oo®v©v WE RUN 0 Una 0pp0 �� �oao 1. iria.°a rf' ♦F �* r i° ' O s a °a OF11 Jill rI►, � l�i�rr�ii�■ri � El�ii wig � � .11 �l 1144vwii �wlllil Jill i.ilia �� a lIIIIIIIt�\�f IIIIII,1�� ar aR m �r, �• � 3 '! � i '111111111 1• 111Rill .�� 111111�u� t. �, 41 0000accoA-��11�11111= �IIIII�l�Il��l��i��►� 6 August 28,2012 Consider an ordinance approving the abandonment of Avenue E between Gilbert and Milam Streets 4 RICH WITH OPPORTUNITY BEAU,MD- N* 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: August 28, 2012 REQUESTED ACTION: Council consider an ordinance approving the abandonment of Avenue E between Gilbert and Milam Streets. BACKGROUND Robert Zingelmann,representing Beaumont Independent School District(BISD),has applied for the abandonment. Mr. Zingelmann states that BISD is requesting this abandonment primarily for safety purposes as well as for potential future school expansion. This section of Avenue E runs adjacent to Fletcher Elementary School. BISD owns both blocks on either side of this section of Avenue E. The block across from the school is used as a playground. Young children must cross Avenue E daily to get to the playground. Mr. Zingelmann states that while students are escorted by teachers and aides,the potential for a serious traffic accident exists. Mr. Zingelmann says that closure of this right-of-way would create a safe environment for the children going to and from the playground. Mr. Zingelmann also states that because of serious overcrowding,the abandonment would allow for the expansion of the school. The school is now land-locked and cannot accommodate any further growth on the existing site due to the recent classroom wing addition and cafeteria expansion. Future school expansion would have to be located on the BISD property across Avenue E. This item was sent to all interested parties. BISD and the City have worked out their differences and now there are no objections from any of the City departments. At a Regular Meeting held August 20,2012,the Planning Commission recommended approval 8:0 of the abandonment subject to the following conditions: 1. BISD will pay to relocate any facilities in the right-of-way. 2. BISD will provide locking mechanisms on gates across the abandoned right-of-way that are acceptable to the Fire Department. 3. Proper signage, as approved by the Transportation Division,will be attached to the gates. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of ordinance subject to the following conditions: 1. BISD will pay to relocate any facilities in the right-of-way. 2. BISD will provide locking mechanisms on gates across the abandoned right-of-way that are acceptable to the Fire Department. 3. Proper signage, as approved by the Transportation Division,will be attached to the gates. AIS Beaumont Independent School District May 1, 2012 Mr. Steve Richardson City Planning Director City of Beaumont _ 801 Main Street, Room 205 Beaumont, TX 77701 RE: Request by Beaumont ISD to Abandon R.O.W., Maintain Easement Avenue E between Gilbert and Milam Streets Beaumont, Texas The Beaumont Independent School District, primarily for safety purposes as well as for potential future school expansion, respectfully requests the R.O.W. abandonment of a short section of Avenue E between Gilbert and Milam Streets. This section of Avenue E, as defined in the attached legal description, currently runs adjacent to Fletcher Elementary. School. Beaumont ISD owns the entire block directly across Avenue E from the school, and is.c mwitly using this land as a playground. Young children must . cross this section of Avenue=-E-daily. Even though-the-tents are escorted by teachers and-aides;=the potential fora-serious traffic-ascident-exists. The abandonment of this section of R.O.W. will result in the closure of Avenue E at Milam and Gilbert Streets, with traffic being routed down Milam or Gilbert to either Avenue D or Avenue F. Abandonment of this R.O.W. would then create a safe environment for the children going to and from the playground. Due to the tremendous growth of families with young children in this neighborhood the school, originally built for approx. 300 students, currently accommodates approximately 750 children. The projections are for this neighborhood growth to continue. Fletcher Elementary School is now"land locked" and cannot accommodate any further growth on the existing site due to the recent classroom wing addition and cafeteria expansion. Future school expansion would have to be located on the BISD property across Avenue E. Your help is this matter is greatly appreciated by the Beaumont ISD and the Fletcher Elementary School staff and-students. Sincerely, BEAUMONT INDEPENDENT SCHOOL DISTRICT Robert Zingelman Chief Business Officer Attachments Administration Building 3395 Harrison Avenue Beaumont,Texas 77706 (409) 899-9972 Superimmndent of Schools-Carrol A. Thomas, Ed.D. ORDINANCE NO. ENTITLED AN ORDINANCE VACATING AND ABANDONING A PORTION OF A RIGHT-OF-WAY ON AVENUE E BETWEEN GILBERT AND MILAM STREETS BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS, BISD is requesting the abandonment of Avenue E between Gilbert and Milam Streets for the purposes of safety and possible future expansion of the adjacent Fletcher Elementary School; and, WHEREAS, the City Council finds and determines it is in the best interest of the citizens that the right-of-way be abandoned for the stated purposes; 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 ordinance are hereby, in all things, approved and adopted; and, THAT a portion of the Avenue E right-of-way between Gilbert and Milam Streets, as described in Exhibit "A" and shown in Exhibit "B," attached hereto, be and the same are hereby vacated and abandoned, subject to the adjacent property owner, Beaumont Independent School District (BISD), its successors or assigns, satisfying the following conditions: • BISD will pay to relocate any facilities in the right-of-way. • BISD will provide locking mechanisms on gates across the abandoned right-of- way that are acceptable to the Fire Department. • Proper signage, as approved by the Transportation Division, will be attached to the gates; and, that title to such property shall revert to and become the property of the persons entitled thereto, as provided by law; and, BE IT FURTHER ORDAINED THAT if at any time there is a breach of conditions, the title to the abandoned right-of-way shall automatically revert to the City of Beaumont without the need of any further action. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 28th day of August, 2012. - Mayor Becky Ames - LEGAL DESCRIPTION FOR ORDINANCE PURPOSES BEGINNING at a point at the intersection of the northwesterly right-of-way line of N ilam Street and the southwesterly right-of-way line of Avenue E for the north corner of Ordinance No. 11-023 (vacating a utility easement)as recorded in Clerk's File No. 2011009177 of the Official Public Records of Jefferson County,Texas, the east corner of said Block 20 and the south corner of the said 0.4132 acre tract; THENCE North 48°47'00"West along the northeasterly line of said Block 20,the said southwesterly right-of-way line of Avenue E and the southwesterly line of the said 0.4132 acre tract a distance of 300.00 feet to a point at the intersection of the said southwesterly right-of-way line of Avenue E and the southeasterly right-of-way line of Gilbert Street for the north corner of said Block 20 and the west corner of the said 0.4132 acre tract; THENCE North 41°13'00" East along the northwesterly line of the said 0.4132 acre tract a distance of 60.00 feet to a point at the intersection of the said southeasterly right-of-way line of Gilbert Street and the northeasterly right-of-way line of Avenue E for the west comer of said Block 5 and the north corner of the said 0.4132 acre tract; THENCE South 48 047'00" East along the southwesterly line of said Block 5,the said northeasterly right-of-way line of Avenue--E and the northeasterly line of the said 0.4132 acre tract a distance of 300.00 feet to a point at the intersection of the said northeasterly right-of-way line of Avenue E and the said northwesterly right-of-way line of Milan Street for the south comer of said Block 5 and the east comer of the said 0.4132 acre tract; THENCE South 41 013'00"West along the southeasterly line-of the said 0:4132 acre tract a distance of 60.00 feet to POINT OF BEGINNING and containing 0.4132 acre of land,more or less. EXHIBIT "A" File - : Request to abandon a portion of right-of-way on Avenue E between Gilbert N and Milam Streets Applicant: Robert Zingelmann for Beaumont Independent School District 0 100 200 l Feet R`S Legend G —ID M 8.10OB R=S R-S 'GC--,MD R.S 9L� R-S S EXHIBIT "B" I EXHIBIT "A", PAGE 2 OF 2 BLOCK 19 BLOCK 6 GELBERT STREET 60.00 N 41'1300" E B L A N C H E T T E A D D I T 1 0 N VOL. 1, PG. 25, M.R.J.C. O O O C w " w BLOCK 5 BLOCK 20 3 W 0 FFLETCHER ELEMENTARY SCHOOL - ca :* p ;r z C cn 0 30 0 S C A L E POINT OF BEGINNING S 41'1 00" W 60..00 ORDINANCE 11 Mn" STREET CLERKS FILE NO. 2011009177, O.P.R.J.C. VACATING AN UTILITY EASEMENT BLOCK 21 BLOCK 4 B.I.S.D. Q:\PROJECTS\10064 — Fletcher Coiet\SURVEY\Task 4\10064AveE.dwg May 01, 2012 02.19pm F ABANDONMENT OF A PORTION OF AVENUE E SHEET NO. tasisom INC. PROJECT Nom: CITY OF BEAUMONT 2 c=uftw swvryws BETWEEN MILAM STREET & GILBERT STREET 1405 CORNERSTONE COURT. BEAUMONT, TEXAS BEAUMONT, TEXAS PROJECT NO. (409) 832-7238 FAX (409) 832-7303 10064.0000 DAM-5-1-12 TASK 4 7 August 28,2012 Consider an ordinance approving the abandonment of a 40' x 140' portion of Goliad right-of- way at the corner of Harriot and Goliad Streets RICH WITH OPPORTUNITY BEAUN'9'K* 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: August 28,2012 REQUESTED ACTION: Council consider an ordinance approving the abandonment of a 40'x 140'portion of Goliad right-of-way at the corner of Harriot and Goliad Streets. BACKGROUND The City of Beaumont Public Works Department has applied for the abandonment of a portion of right-of-way. Currently, the City maintains the unused right-of-way. The City wishes to abandon this unused right-of-way and get it back on the tax rolls. This item was sent to all interested parties. No negative responses were received. At a Regular Meeting held August 20,2012,the Planning Commission recommended approval 8:0 of the abandonment. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of ordinance. ORDINANCE NO. ENTITLED AN ORDINANCE VACATING AND ABANDONING A 40' x 140' PORTION OF RIGHT-OF-WAY OF GOLIAD STREET AT THE CORNER OF HARRIOT AND GOLIAD STREETS, BEAUMONT, JEFFERSON COUNTY, TEXAS. BE IT ORDAINED BY THE CITY OF BEAUMONT: THAT a 40'x 140' portion of right-of-way of Goliad Street, beginning at the south right-of- way line of Harriot Street and being located at the southeast corner of the intersection of Goliad Street and Harriot Street and continuing in a southerly direction along the east side of the right-of-way of Goliad Street for a distance of 70', City of Beaumont, Jefferson County, Texas, containing 0.06 acres, more or less, as shown on Exhibit "A," attached hereto, be and the same is hereby vacated and abandoned and title to such property shall revert to and become the property of person entitled thereto, as provided by law. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 28th day of August, 2012. - Mayor Becky Ames - ' - : Request to abandon a 40' z 140' portion of right-of-way at the corner of N arriot and Goliad Streets. Applicant: City of Beaumont Public Works 0 100 200 I I I Feet Legend L�-H ® 81906 RM-H - RM- R -H HARRIOT ST E:jR R -H SOUTHERLAND ST M- O r v y m R --H v RM= RM-H EXHIBIT "A" I ...._.._..._.�_.._....._.__...._._.�._......._.,___...w...__. 2500-2699 NARRIOT ST 89 VIARR10t ST • 2646 Hi 2875 HARMOT ST 2885 HARf80T ST • 2715 HARRIOT ST r ST 2000-2699 SOU1H�RtAtVO SY 2700-2799 3OUTHERLAN4 ST 0 o ST 4L O RMH r N R*N 4 8 August 28,2012 Consider an ordinance approving the abandonment of a 202.04' x 10' section of Stagg Drive located on the south side,beginning 88.10' east of l Id'Street RICH WITS OPPORTUNITY BE T . $ g A 9 City Council Agenda Ile TO: City council FROM: Kyle Hayes, City Manager 0V PREPARED BY: Chris Boone, Community Development Director MEETING DATE: August 28, 2012 REQUESTED ACTION: Council consider an ordinance approving the lDnment of a 202.04'x 10' section of Stagg Drive. BACKGROUND C. Scott Mann,Jr. with Crermer Gertz,L.L.P. for Baptist Hospitals of Southeast Te xu has applied for the s ht. The subject property is on the south side of Stag Drive,beginning 88.10'east of i I*Street. Baptist Hospitals is selling the old Baptist Hospital site to HEB Grocery Stores, In April,the Planning Commission approved the abandonment of another portion of Stagg. HEB needs both abandonms to filcilitate its 4 Velcioppaijuvemat plans. In addition to the two aba s,HEB is dedicating additional right-of-way and relocating street pavement and utility lines. This item was sew to all imam ed parties. Public Works EWmeringhn no objection to the abandonment but states that access must be maintained to all commercial W, along Stagg and that all storm sewer facilities must be relocated. FM has been fi with all public and private utilities to we that their needs are addressed. At a Regular Meeting held June 18,2012,the Planning Commission recchmm end e I approval 7:0 Of the abandonment subject to the following condition: 1. HEB shall be amble for the cast of relocating any utilities. FUNDING SOURCE Not applicable. l FkVbUG iDATION Approval of ordinance subject to the following condition: 1. BEB shall be responsible for the cost of relate my utilities. ORDINANCE NO. ENTITLED AN ORDINANCE VACATING AND ABANDONING A 202.04' x 10' SECTION RIGHT-OF-WAY ON STAGG DRIVE, BEGINNING 88.10' EAST OF 11TH STREET , BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS, Baptist Hospitals of Southeast Texas is requesting the abandonment of a 202.04' x 10' section right-of-way on Stagg Drive, beginning 88.10'east of 11th Street for the purpose of facilitating the development plans of The Bonion Group, L.L.C.; and, WHEREAS, the City Council finds and determines it is in the best interest of the citizens that the right-of-way be abandoned for the stated purposes; 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 ordinance are hereby, in all things, approved and adopted; and, THAT a 202.04' section right-of-way on Stagg Drive, beginning 88.10' east of 11th Street,as described in Exhibit"A"and shown in 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, as provided by law,subject to the purchaser,The Bonion Group, L.L.C., its successors or assigns, satisfying the following conditions: • The Bonion Group, L.L.C. shall be responsible for the cost of relocating any utilities. BE IT FURTHER ORDAINED THAT this abandonment is contingent upon the conveyance to The Bonion Group, L.L.C. of the title to the property adjacent to that portion of Stagg Drive being abandoned within 180 days or if at any time there is a breach of conditions,then the abandonment will be of no further force or effect and the title to the right- of-way will automatically revert to the City of Beaumont without the need of any further action. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 28th day of August, 2012. - Mayor Becky Ames - LEGAL A RE_CRUM N FOR QRDENANQ PUSSES COMMENCING at a capped iron rod found at the inursecdon of the east right-of-way line of 11'h Street and the south righ"f-way line of Stagg Drive for the northwest comer of the said 16.9617 acre tract; THENCE South 89°59'39" East along the said south right-of-way line of Stagg Drive and the north line of the said 16.9617 acre tract a distance of 88.10 feet(called South 89°5939"East) to a point for the west corner of the said 0.0356 acre tract and the POINT OF BEGINNING; THENCE North 83°5821" East along a north line of the said 0.0356 acre tract a distance of 95.32 feet to an angle point; THENCE East continuing along a north line of the said 0.0356 acre tract a distance of 107.17 feet to a point for the northeast comer of the said 0.0356 acre tract; THENCE South 00°2652" East along the east line of the said 0.0356 acre tract a distance of 10.03 feet to a point in the south right-of--way line of Stagg Drive and the said north line of the 16.9617 acre tract for the southeast comer of the said 0.0356 acre tract; THENCE North 89°5939"West along the said south right-of-way line of Stagg Drive and the said 0.0356 acre trail being the north line of the said 16.9617 acre tract a distance of 202.04 feet(called North 89059'39"West)to the POINT OF BEGINNING and containing 0.0356 acres of land,more or less. EXHIBIT "A" NOW OR FORMERLY NOW OR FORMERLY SEN PROPERTIES, L.P. CAREY R. FRACHT AND DEED OF TRUST BETWEEN SIEM CLERKS SE N0. 9818695, O.P.R.R.P.J.C..P.J.G WIFE, PATRICIA L. FRACHT BAPTIST HOSPITAL OF SOUTHEAST TEXAS AND FILM CODE 103-21-2215,R.P.RAC, THE BANK OF NEW YORK, (CALLED 0.477 ACRE) WILLIAM J. BARBER, TRUSTEE CLERKS FILE NO. 2001029308, O.P.R.J.C. (CALLED 10.2334 ACRES—TRACT TWO) FOUND PK FOUND NAIL IN CAPPED CONCRETE IRON ROD (CALLED S 89'58'00"E) N 89'59'22" E 285.29 257.33 27.96 STAGG DRIVE W COMMENCING iv POINT (FORMERLY KNOWN AS foRSYME STREET) �,� 0.3530 ACRE TO BE ABANDONED N� STAGG DRIVE POINT OF (60'PUBLIC R.O.W.) N� (FORMERLY KNOWN AS CAAPPPPEED BEGINNING pii o11 FORSYTHE STREET) IRON ROD EAST 107.17 O o (60'PUBLIC R.O.w.) is 89"59'39" E 88.10 N 83'58'21" E 95.32 202.04 10.03 to 256.47 341.66 N 89'59'3(." W 888.27 (CALLED N 89'$9`39'W 889.99) FOUND 1/2" 0.0356 ACRE TO (BASIS of BEARINGS) IRON ROD BE ABANDONED DEED OF TRUST BETWEEN SURVEYOR'S CERTIFICATION: BAPTIST HOSPITAL OF SOUTHEAST TEXAS AND M I DO HEREBY CERTIFY,TO THE BEST OF MY KNOWLEDGE AND BELIEF, THE BANK OF NEW YORK, THAT THIS IS AN ACCURATE PLAT OF A SURVEY&DESCRIPTION MADE WILLIAM J. BARBER, TRUSTEE ON THE GROUND UNDER MY SUPERVISION DURING MARCH 2012. ,,...1 CLERKS FILE NO. 2001029306, O.P.R.J.C. '1'1 (CALLED 16.9617 ACRES-TRACT ONE, PARCEL ONE) 00 L WALTER J.KSIAZEK REGISTERED PROFESSIONAL LAND SURVEYOR NO. 5321 � 0.0356 ACRE TO BE ABANDONED SHEET NO. ` _T _ �rtaNC. PROJECT NAME: CITY OF BEAUMONT RnLf S STAGG DRIVE PROJECT NO. 1405 CORNERSTONE COURT.'BEAUMONT,TEXAS BEAUMONT, TEXAS 11050 (409)B32-7238 FAX(409)832-7303 DATE:5-18-12 0:\PROJECTS\10050\10050.0004\t0050A8ANDON2.dwg May 21, 2012 02:27pm EXHIBIT "B' 9 August 28,2012 Consider an ordinance approving the abandonment of a 0.3530 acre portion of Stagg Drive located approximately 290 feet east of the intersection of Stagg and N. 11 w Street RICH WITH OPPORTUNITY BEAUK:: N* T - E . g A . S City Council A enda Item TO: City Council FROM: Kyle Hayes, City Manager G)� PREPARED BY: Chris Boone, Community Development Director MEETING DATE: August 28, 2012 REQUESTED ACTION: Council consider an ordinance for the abandonment of a portion of Stagg Drive. BACKGROUND Scott Mann, Jr.,representing Baptist Hospitals of Southeast Texas (Baptist),has applied for the abandonment of a 0.3530 acre portion of Stagg Dr. This 249 foot section of Stagg Dr. is located approximately 290 feet east of the intersection of Stagg and N. 11'Street. Baptist owns the properties on either side of the requested abandonment. It is in negotiations with HEB Stores to sell the property on either side to HEB. HEB has requested that Baptist apply for the abandonment to facilitate its development plans. At a Regular Meeting held April 16, 2012,the Planning Commission recommended approval 8:0 of the abandonment subject to the following conditions: I. The existing 6'water main will need to be replaced with HDPE SDR-11 pipe and the 12" sanitary sewer main will need to be replaced with HDPE SDR-17 pipe. The mains shall be replaced to 20 LF beyond the limits of the abandonment. 2 Exclusive water and sewer utility easements will need to be retained to the satisfaction of Water Utilities. No structures or appurtenances shall be placed within the easement property. Water Utilities will not be responsible for any surface restoration when water and/or sanitary sewer main repairs are necessary. 3. Retain a general utility easement of adequate width for Time Warner Cable, AT&T and Entergy or move their facilities at HEB's expense. 4. A 15' exclusive drainage easement must be dedicated for city drainage facilities. Any moving of said facilities will be at HEB's expense. 5. There will need to be a 120'hammerhead turn-around constructed at the west end of Stagg at the point where Stagg is terminated; 6. In addition to the fire hydrants required for the project,there may be an additional fire hydrant required at Stagg and 11 w St. 7. A solution that allows drivers to turn around on the east side of the proposed abandonment in the existing right-of-way. This solution needs to be acceptable to the Fire Department as well as to Transportation. Transportation would prefer a cul-de-sac within the 60'right-of-way on Stagg,however a hammerhead turn- around as suggested by the Fire Department would be acceptable. Transportation will consider alternative solutions. The developer will be responsible for providing this solution. 8. In place of utilizing a sign legend similar to the Texas Manual on Uniform Traffic Control Devices (TMUTCD) Rl 1-4 sign("Road Closed to Thru Traffic"), Transportation shall require the developer to place W 14-1 a signs ("Dead End" blade) at the intersections of 8`h St. and Stagg Dr. and I Vh St. and Stagg Dr. 9. On the east side of the proposed abandonment on Stagg Dr., Transportation will require the developer to place End-of-Roadway Object Markers OM4-1, OM4-2, OM4-3 if Stagg Dr. does not terminate into a cul-de-sac. FUNDING SOURCE Not applicable. RECONDATION Approval of ordinance subject to the following conditions: 1. The existing 6'water main will need to be replaced with HDPE SDR-11 pipe and the 12" sanitary sewer main will need to be replaced with HDPE SDR-17 pipe. The mains shall be replaced to 20 LF beyond the limits of the abandonment. 2 Exclusive water and sewer utility easements will need to be retained to the satisfaction of Water Utilities. No structures or appurtenances shall be placed within the easement property. Water Utilities will not be responsible for any surface restoration when water and/or sanitary sewer main repairs are necessary. 3. Retain a general utility easement of adequate width for Time Warner Cable,AT&T and 1 ntergy or move their facilities at HEB's expense. 4. A 15' exclusive drainage easement must be dedicated for city drainage facilities. Any moving of said facilities will be at NEB's expense. 5. There will need to be a 120'hammerhead turn-around constructed at the west end of Stagg at the point where Stagg is terminated; 6. In addition to the fire hydrants required for the project,there may be an additional fire hydrant required at Stagg and 11'St. 7. A solution that allows drivers to turn around on the east side of the proposed abandonment in the existing right-of-way. This solution needs to be acceptable to the Fire Department as well as to Transportation. Transportation would prefer a cul- de-sac within the 60'right-of-way on Stagg,however a hammerhead turn-around as suggested by the Fire Department would be acceptable. Transportation will consider alternative solutions. The developer will be responsible for providing this solution. 8. In place of utilizing a sign legend similar to the Texas Manual on Uniform Traffic Control Devices (TMUTCD)RI 1-4 sign("Road Closed to Thru Traffic'), Transportation shall require the developer to place W 14-1 a signs("Dead End" blade) at the intersections of 8`b St. and Stagg Dr. and 11' St. and Stagg Dr. 9. On the east side of the proposed abandonment on Stagg Dr.,Transportation will require the developer to place End-of-Roadway Object Markers OM4-1,OM4-2, OM4-3 if Stagg Dr. does not terminate into a cul-de-sac. ORDINANCE NO. ENTITLED AN ORDINANCE VACATING AND ABANDONING A 0.3530 ACRE PORTION OF STAGG DRIVE, BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS, Baptist Hospitals of Southeast Texas is requesting the abandonment of a 0.3530 acre portion of Stagg Drive, for the purpose of facilitating the development plans of The Bonion Group, L.L.C.; and, WHEREAS, the City Council finds and determines it is in the best interest of the citizens that the right-of-way be abandoned for the stated purposes; 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 ordinance are hereby, in all things, approved and adopted; and, THAT a 0.3530 acre portion of Stagg Drive, as described in Exhibit"A" and shown in 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, as provided by law,subject to the purchaser of the adjacent property,The Bonion Group, L.L.C., its successors or assigns, satisfying the following conditions: • The existing 6' water main will need to be replaced with HDPE SDR-11 pipe and the 12" sanitary sewer main will need to be replaced with HDPE SDR-17 pipe. The mains shall be replaced to 20 LF beyond the limits of the abandonment. • Exclusive water and sewer utility easements will need to be retained to the satisfaction of Water Utilities. No structures or appurtenances shall be placed within the easement property. Water Utilities will not be responsible for any surface restoration when water and/or sanitary sewer main repairs are necessary. • Retain a general utility easement of adequate width for Time Warner Cable, AT&T and Entergy or move their facilities at The Bonion Group, L.L.C.'s expense. • A 15' exclusive drainage easement must be dedicated for city drainage facilities. Any moving of said facilities will be at The Bonion Group, L.L.C.'s expense. • There will need to be a 120' hammerhead turn-around constructed at the west end of Stagg at the point where Stagg is terminated. • In addition to the fire hydrants required for the project, there may be an additional fire hydrant required at Stagg and 11th St. • A solution that allows drivers to turn around on the east side of the proposed abandonment in the existing right-of-way. This solution needs to be acceptable to the Fire Department as well as to Transportation. Transportation would prefer a cul-de-sac within the 60' right-of-way on Stagg, however a hammerhead turn-around as suggested by the Fire Department would be acceptable. Transportation will consider alternative solutions. The developer will be responsible for providing this solution. • In place of utilizing a sign legend similar to the Texas Manual on Uniform Traffic Control Devices (TMUT CD) R11-4 sign ("Road Closed to Thru Traffic"), Transportation shall require the developer to place W14-1 a signs ("Dead End" blade) at the intersections of 8th St. and Stagg Dr. and 11th St. and Stagg Dr. • On the east side of the proposed abandonment on Stagg Dr., Transportation will require the developer to place End-of-Roadway Object Markers OM4-1, OM4-2, OM4-3 if Stagg Dr. does not terminate into a cul-de-sac. BE IT FURTHER ORDAINED THAT this abandonment is contingent upon the conveyance to The Bonion Group, L.L.C. of the title to the property adjacent to that portion of Stagg Drive being abandoned within 180 days or if at any time there is a breach of conditions, then the abandonment will be of no further force or effect and the title to the right- of-way will automatically revert to the City of Beaumont without the need of any further action. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 28th day of August, 2012. - Mayor Becky Ames - LEGAL DESCRIPTION FOR ORDINANCE PURPOSES COMMENCING at a capped iron rod found at the intersection of the east right-of-way line of 11' Street and the south right-of-way line of Stagg Drive for the northwest corner of the said 16.9617 acre tract; THENCE South 89 059'39" East along the said south right-of-way line of Stagg Drive and the north line of the said 16.9617 acre tract a distance of 290.14 feet(called South 89°59'39" East)to a point for the southwest corner of the said 0.3530 acre tract and the POINT OF BEGINNING; THENCE North 00°26'52"West along the west line of the said.3530 acre tract a distance of 59.81 feet to a PK nail found in concrete in the north right-of-way line of Stagg Drive for the southeast corner of a called 0.477 acre tract conveyed to Carey R. Fracht and wife, Patricia L. Fracht as recorded in Film Code 103-21-2215 of the Real Property Records of Jefferson County, Texas, the southwest corner of a called 10.2334 acre tract described in the said Deed of Trust between Baptist Hospitals of Southeast Texas and the Bank of New York,William J. Barber, Trustee as recorded in Clerks File No. 2001029306 and the northwest corner of the said 0.3530 acre tract; THENCE North 89°59'227 East along-the south line of the said 10.2334 acre-tract-and the said north right-of-way line of Stagg Drive and the said 0.3530 acre tract a distance of 257.33 feet(called South 89°58'00" East)to a point for the northeast corner of the said 0.3530 acre tract from which a found capped iron rod bears North 89°59'22" East 27.96 feet(called South 89°58'00" East); THENCE South 00°22'41" West along the east line of the said 0.3530 acre tract a distance of 59.89 feet to a point in the said south right-of-way line of Stagg Drive and the said north line of the 16.9617 acre tract for the southeast corner of the said 0.3530 acre tract from which a'/z" iron rod found for an exterior comer of the said 16.9617 acre tract bears South 89°59'39" East 341.66 feet(called South 89°59'39" East); THENCE North 89 059'39"West along the said south right-of-way line of Stagg Drive and the said 0.3530 acre tract being the north line of the said 16.9617 acre tract a distance of 256.47 feet(called North 89°59'39"West) to the POINT OF BEGINNING and containing 0.3530 acres of land, more or less. EXHIBIT "A" NOW OR FORMERLY NOW OR FORMERLY DEED OF TRUST BETWEEN SIEMSEN PROPERTIES, L.P. R FRACHT AND WIFE,, P AT PRICIA L. FRACHT BAPTIST HOSPITAL OF SOUTHEAST TEXAS AND CLERKS FILE NO.9818695,O.P.R.R.P.J.C. FILM CODE 103-21-2215, R.P.R.J.C. THE BANK OF NEW YORK, (CALLED 0.477 ACRE) WILLIAM J. BARBER, TRUSTEE CLERKS FILE NO. 2001029306, O.P.R.J.C. • (CALLED 10.2334 ACRES-TRACT TWO) FOUND Pk - FOUND NAB.IN CAPPED IRON ROD CONCRETE (CALLED S 8958'00'E) N 89'59'22" E 285.29 257.33 27.96 s STAGG DRIVE N� 0.3530 ACRE TO BE ABANDONED N� STAGG DRIVE !�w � (FORMERLY KNOWN AS COMMENCING (FORMERLY KNOWN AS FORSYTHE STREET) w o po) FORSYTHE STREET) POINT (60'PUBLIC R.o.w.) POINT OF S o (60'PUBLIC R.O.W,) FOUND BEGINNING to m CAPPED z 256.47 341.66 IRON ROD S 89'59'39" E 290.14 N 89'59'39" W 888.27 ~ (CALLED N 89'59'39'W 889.99) FOUND 1/2 m ' E"1 (BASIS OF BEARINGS) IRON ROD x W DEED OF TRUST BETWEEN Ill BAPTIST HOSPITAL OF SOUTHEAST TEXAS AND THE BANK OF NEW YORK, xi WILLIAM J. BARBER, TRUSTEE H CLERKS FILE NO.2001029306,O.P,R.J.C. i (CALLED 18.9617 ACRES-TRACT ONE,PARCEL ONE) 00 E Fit 3hi man 0.3530 ACRE TO BE ABANDONED SHEET NO, INC, PROJECT NAME: CITY OF BEAUMONT arMl STAGG DRIVE PROJECT NO. 1405 CORNERSTONE COURT,BEAUMONT,TEXAS BEAUMONT, TEXAS 11050 (409)832-7238 FAX(409)832-7303 DATE:3-26-12 0;\PROJECTS\10050\10050.0004\t0050ASANDON.dwq Mar 26, 2012 10:37cm 10 August 28,2012 Consider an ordinance amending the boundaries of the wards of the City of Beaumont for election purposes RICH WITH OPPORTUNITY B '0 1 , EAUM N* • T E g •A s ity Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tyrone E. Cooper, City Attorney MEETING DATE: August 28, 2012 REQUESTED ACTION: Council consider an ordinance amending the boundaries of the wards of the City of Beaumont for election purposes. BACKGROUND As a result of the 2010 decennial census, it has been determined that an increase in population in the City of Beaumont has caused the existing ward boundaries of the City of Beaumont to be substantially unequal in population. Article I, Section 6 of the Charter of the City of Beaumont gives to the City Council the responsibility of changing the ward boundaries from time-to-time as the Council may deem expedient so that each ward shall contain, as nearly as possible,the same number of electors. The proposed ordinance adjusts the ward boundaries so as to comply with the Charter of the City of Beaumont. The next City election is May 11, 2013. FUNDING SOURCE None. RECOMMENDATION Approval of resolution. ORDINANCE NO. AN ORDINANCE REVISING CITY COUNCIL MEMBER WARD BOUNDARIES IN RESPONSE TO THE 2010 CENSUS; PROVIDING FOR FINDINGS OF FACT; PROVIDING FOR ELECTION PRECINCTS; PROVIDING THIS ORDINANCE BE CUMULATIVE; PROVIDING FOR SEVERABILITY; PROVIDING FOR GOVERNMENTAL IMMUNITY; PROVIDING FOR INJUNCTIONS; PROVIDING FOR PUBLICATION AND BECOMING EFFECTIVE TEN DAYS AFTER PUBLICATION. WHEREAS, the 2010 decennial census disclosed that existing council member wards in the City of Beaumont, Texas, are substantially unequal in population; and, WHEREAS, the City Council of the City of Beaumont has undertaken to redraw the four council member wards for the convenience of the people and to equalize population and assure compliance with the applicable requirements of state and federal law; and, WHEREAS, through a series of public hearings and meetings,the City Council has received and considered oral testimony and written evidence regarding the need for new council member wards and an appropriate configuration of these wards; and, WHEREAS, the City Council finds the attached map of the revised council member wards reflects the division of the City of Beaumont into four wards that satisfy all legal requirements including the United States and Texas Constitution and Statutes and the Federal Voting Rights Act and the City Charter; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: 1. Findings of Fact That all of the above premises are hereby found to be true and correct legislative and factual findings of the City of Beaumont City Council and are hereby approved and incorporated into the body of this ordinance as if copied in their entirety. 2. Adoption of Plan That the boundaries of the four single-member council member wards are hereby modified, amended and redrawn for the purposes of apportioning the population of the City between the council member wards and, as modified, amended and redrawn, the boundaries of the four council member wards shall be in accordance with the redistricting map attached hereto as Exhibit"A",which map is incorporated by reference into and made a part of this ordinance. 3. Election Precincts That the City Attorney is hereby instructed to send a copy of this ordinance and the new council member ward map and legal descriptions to the proper officials of Jefferson County so the County can make the necessary changes in the County's election precincts, as required by the Texas Election Code, and effective for the May 2013 City Council Election. 4. Effective Date This ordinance shall take effect immediately from and after its passage,publication as may be required by governing law, and upon receiving preclearance from the U.S. Department of Justice. 5. Proper Notice and Meeting It is hereby officially found and determined that the meeting at which this ordinance was passed was open to the public as required and that public notice of the time, place and purpose of said meeting was given as required by the Open Meetings Act, Chapter 551 of the Texas Government Code. 6. This ordinance shall be and is hereby declared to be cumulative of all other ordinances of the City of Beaumont, and this ordinance shall not operate to repeal or affect any of such other ordinances except insofar as the provisions thereof might be inconsistent or in conflict with the provisions of this ordinance, in which event such conflicting provisions, if any, in such other ordinance or ordinances are hereby repealed. 7. If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be unconstitutional,such holding shall not affect the validity of the remaining portions of this ordinance. 8. All of the regulations provided in this ordinance are hereby declared to be governmental and for the health, safety and welfare of the general public. Any member of the City Council or any City official or employee charged with the enforcement of this ordinance, acting for the City of Beaumont in the discharge of his/her duties, shall not thereby render himself/herself personally liable; and he/she is hereby relieved from all personal liability for any damage that might accrue to persons or property as a result of any act required or permitted in the discharge of his/her said duties. 9. Any violation of this ordinance can be enjoined by a suit filed in the name of the City of Beaumont in a court of competent jurisdiction, and this remedy shall be in addition to any penal provision in this ordinance or in the Code of the City of Beaumont. f 10. The caption and penalty clause of this ordinance shall be published in a newspaper of general circulation in the City of Beaumont, in compliance with the provisions of Article X, Section 4, of the City Charter. Further, this ordinance may be published in pamphlet form and shall be admissible in such form in any court, as provided by law. 11. This ordinance shall become effective ten (10) days after first publication as described above. PRESENTED AND GIVEN FIRST READING on the day of , 2012, at a regular meeting of the City Council of the City of Beaumont, Texas; and GIVEN SECOND READING, passed and approved on the day of , 2012, by a vote of ayes and nays at a regular meeting of the City Council of the City of Beaumont, Texas. - Mayor Becky Ames - ATTEST: TINA BROUSSARD, City Clerk APPROVED AS TO FORM: TYRONE E.COOPER,CityAttomey BY: 11 August 28,2012 Consider a resolution approving annual contracts to multiple vendors for the purchase of traffic marking materials RICH WITH OPPORTUNITY B,EAMW T ' It • _ • A * 8 Ctty Council A a da Iftm TO: City Council FROM: Kyle Hayes, City Mier PREPARED BY: Laura Clark, Chief Financial Officerat/ MEETING DATE: August 28, 2012 REQUESTED ACTION: Council consider a resolution awarding annual contracts to multiple vendors for the pose of traffic matkin g materials, in the estimated total amount of$537,145. BACKGROUND Bids were requested for an ama W conuac t to supply s gnage, sip mawials,hardware,and specialty paints for use by the Sheets&Drainage Division, and for purchase of various traffic control materials such as markers, portable signs and barricades for use by all City DeattmfiCrlt3. Eleven(11)vendors were notified and eight(8)responses were rec ed. Sparc ations were divided into eight(8)material sermons, and require that each be awarded to the lowest overall bidder who bids the en re section and complies with the required specdfiications. All recomimendexl vendors have previously held portions of those contracts. There are no local vendors supplying this material. Total value of the coed is approximately$6,000(l.11%)less than the current contract. Contracts are r as follows: Section Vendor Est. Total Amount I-Sign Blanks Custom Products Inc. of Jackson,MS $40,856.75 2-Sign Faces Vulcan Signs,Inc.,ofFoley, AL $16,866.50 3-Finished Signs Vulcan Sim Inc. ofy2 AL $52,842.10 4-Street Material Custom Products,Inc. of Jackson,MS $7q,051.25 5-Hardware Fatbmuk,Inc. of Son Mwcos,TX $244,175.00 O-Mffking Materials Inc of San TX $39,467.00 7-Paint T Inc., of Houston, TX $52,476.50 8-Traffic Control Equipment Trutex,Inc. of Houston,TX $20.41n nn Traffic Marking Materials Contract August 28, 2012 Page 2 FUNDING SOURCE General Fund, Water Utilities Fund and Capital Program. RECOMMENDATION Approval of resolution. RESOLUTION NO. WHEREAS, bids were solicited for annual contracts for the purchase of traffic marking materials for the Streets and Drainage Division; and, WHEREAS, the following vendors submitted bids as shown below and in the unit amounts as shown on Exhibit"A," attached hereto and made a part hereof for all purposes: Section Vendor Est.Total Amoun -Sign Blanks Custom Products Inc. of Jackson M $40,856.7 -sign Faces Vulcan Signs,Inc. of Foley, $16,866.5( -Finished Signs Vulcan Signs,Inc. of Foley, $52,842.1( -Sheet Material Custom Products Inc. of Jackson M $70,051.2 jUrdware Pathmark Inc. of San Marcos $244,175.0( -Marking Materials Pathmark Inc. of San Marcos $39,467.0( -Paint Trantex,Inc. of Houston TX $52,476.5( -Traffic Control Equipment Trantex Inc. of Houston $20.410.0( and, WHEREAS, City Council is of the opinion that the bids submitted by the vendors for the contract total amount of$537,145 as based upon the unit amounts as shown on Exhibit "A," attached hereto and made a part hereof for all purposes 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 bids submitted by the vendors for annual contracts for the purchase of traffic marking materials in the estimated total amounts shown above and in the unit amounts as shown on Exhibit 'A" attached hereto and made a part hereof for all purposes for the estimated total amount of$537,145 be accepted by the City of Beaumont. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 28th day of August, 2012. - Mayor Becky Ames - OF • PURCHAWn 01VISION W TABULATION CONTRACT • MARKING MATERIALS WOpW*W. ThUreft,Au"10,2012 1LLC..'-. 'I _ILrnll. r a' ..1 COMPANY • Plum or Fax NcL OM210VOI WM 063-1300 1104874 j740)SM2122 SECTION DESCRIPTION SECTION TOTAL SECTION TOTAL SECTION TOTAL SOCTION TOTAL I INGN BLANKS NO BID NOW 2 INtFK .. _• .Y NO r ` : + ii NO .1BID 4� - 2<1 t 1"l• RIALS $52,203.75 Tr'.�l�d•L�°,r_.�ir'�� No lie No I No 61 OL EQUIP No= No No malm 010 • r rii_c-�fb!•r'� � �. yrw. 1 e Z� ..... TRIWITIMINC. ommum VULCAN _ as M •l. • .: c Me FUMAL ORANU =ON DEC R ' E :�i_�<,i�•� ETi��1 ; {ii;i�` 1 �,�.. Ti�_�7'L [Iio,' u _�E:�,{!a!'T`, l��l' ao?5 •� $40851 75-11 la KY!/1"Tr�_lL•�-`;•� OW FACES 66.50 _�Ir:•T•�Ter:f•.�i�r ��n�"1;•i.'��=-�.Ri�n�..� 1 T• _�?� EMRIALS si� 0061.25 Tii � :• f 1 5 .00 NO 90 No BID (♦C "1 Wmrww:Z•PIz•TnP $20,410.00 No I N. : • :.•7BID 'I s ww • f ENTIRE SECTION : .• MON • r TOTAL CONTRACT VALUE ENNIS PAINT HALL ..:` SIGNS, • RESPONSE •� �" s T I 3�' SIGN ALLIED TRAFFIC PARTS.INC. FLINT TRADING TUBE 12 August 28,2012 Consider a resolution approving an annual contract for Heating,Ventilation and Air Conditioning maintenance and repair RICH WITH OPPORTUNITY REAUKU1 T • E • X • A • S City Council Agenda item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Laura Clark, Chief Financial Officer MEETING DATE: August 28,2012 REQUESTED ACTION: Council consider a resolution awarding an annual contract for Heating,Ventilation and Air Conditioning(HVAC) maintenance and repair to Associated Mechanical Systems, Inc., of Beaumont, in the estimated amount of$269,100. BACKGROUND Bids were requested for an annual contract to provide HVAC maintenance and repair services for use by the Building Services Division. The contract will provide for the installation, maintenance and repair of air conditioning and heating system for all City facilities. Five(5)vendors were notified and three (3)responses were received. Specifications requested hourly labor rates for technicians and helpers together with percentage markup for materials and equipment rentals. Bids were evaluated on a total annual cost based upon estimated labor hours for each skill category and condition,together with mark-up percentage for supplied materials and equipment rentals. Low bid was received from Associated Mechanical Services, Inc., of Beaumont at$269,100. Associated Mechanical Services, Inc.,has satisfactorily held this contract for several years. FUNDING SOURCE General Fund, Water Utilities Fund, Solid Waste Fund, and Capital Reserve Fund. RECOMMENDATION Approval of resolution. RESOLUTION NO. WHEREAS, bids were solicited for an annual contract for heating, ventilation, and air conditioning (HVAC) repair and service for City-owned HVAC equipment; and, WHEREAS, Associated Mechanical Systems, Inc., of Beaumont,Texas,submitted a bid for an estimated amount of $269,100 in the unit amounts shown in Exhibit attached hereto; and, WHEREAS, the City Council is of the opinion that the bid submitted by Associated Mechanical Systems, Inc., of Beaumont, 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 Associated Mechanical Systems, Inc., of Beaumont, Texas, for an annual contract for heating, ventilation, and air conditioning (HVAC) equipment repair and service for City-owned HVAC equipment for an estimated annual cost of$269,100 in 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 28th day of August, 2012. - Mayor Becky Ames - t:at wart o:rowatI:r CITY OF BFAUMONT-PURCHASING DIMON ob RUMON R.J. r- Buyer If r . s 0 s & A 0 a 409-880-3758 rhdiereci.beaumontbc.us BID TABULATION: Annual Contract for HVAC Repair A Maintenance BID No. 810712-31 OPENING DATE: Thursday,August 16, 2012 Industrial u Mech Udw C 111111111110 1 7w 1 d m X W 0013 33 zw I A 0900,,W, ' r . 5 , SMEMIL n=Tv1© S 24%10040 S 343,100.00 S 407,750.00 No Response:Thermacon, Delta A/c, Efficient Systems,Air Comfort W,ORK, SESSION Review and discuss a request by Cimarex Energy to amend the Code of Ordinances related to seismic testing Review and discuss the proposed FY 2013 Budget and the proposed 2013 Capital Program P-,U B, L I C H, E A"]Ork XIF N G Receive comments on the 2012 (FY 2013) Proposed Tax Rate Receive comments on the proposed FY 2013 Budget and the proposed 2013 Capital Program RICH WITH OPPORTQHITY BEA T . s • : • A - B City Coo c Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Laura Clark, Chief Financial Otficeg MEETING DATE: August 28, 2012 REQUESTED ACTION: Council to hold a public hearing on the 2012(FY 2013) Proposed Tax Rate. BACKGROUND Chapter 26 of the Property Tax Code requires taxing units to comply with truth-in-taxation laws in adopting their tax rate. Two public hearings are required if the proposed tax rate exceeds the lower of the effective tax rate or the roll back tax rate.A Notice of Public Hearing on Tax Increase is required to be published in the newspaper, on the city website, and on a television channel, if available. The notice was published in the newspaper, on the website and on the cable channel 4 on August 22, 2012, regarding the proposal to increase total tax revenue from properties on the tax roll by 3.55 0/a. Although the proposed tax rate of$0.6400 is remaining the same, the increase is related to new property added to the tax roll this year and a slight increase in appraised values. FUNDING SOURCE Not applicable. RECOMMENDATION To hold the public hearing. RICH WITH OPPORTUNITY UTALr BEAUNU* n.T?k T ' E ' X ' A ' B City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Laura Clark, Chief Financial Officer MEETING DATE: August 28,2012 REQUESTED ACTION: Council to hold a joint public hearing on the proposed FY 2013 Budget and the proposed 2013 Capital Program. BACKGROUND The proposed FY 2013 Budget was submitted to Council on August 14, 2012. The proposed 2013 Capital Program was originally submitted on May 11,2012. On August 14, 2012,the proposed 2013 Capital Program was submitted with revisions. The notice of the public hearing on the Budget and Capital Program was published August 21, 2012. FUNDING SOURCE Not applicable. RECOMMENDATION To hold the joint public hearing.