HomeMy WebLinkAboutPACKET DEC 18 2012 R/CB WITS OrrORTUXITT
BEAUMON*
T - 8 - a • A • 8
REGULAR MEETING OF THE CITY COUNCIL
COUNCIL CHAMBERS DECEMBER 18,2012 1:30 P.M.
CONSENT AGENDA
* Approval of minutes—December 11,2012
* Confirmation of committee appointments
A) Approve a resolution approving an annual contract for towing services
B) Approve a resolution authorizing the City Manager to execute all documents necessary,
specifically including a contract, in order to accept grant funding from the National
Highway Safety Administration provided through the Texas Department of
Transportation for impaired driving enforcement and education
C) Approve a resolution authorizing the City Manager to execute a deed conveying
unimproved House Road right-of-way property to Legacy Community Development
Corporation for the construction of one affordable home
RICH WITH OPPORTUNITY A
BEAUMON*
T • $ • X • A • a City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager '/
PREPARED BY: Laura Clark, Chief Financial OfTiceMl
MEETING DATE: December 18, 2012
REQUESTED ACTION: Council consider a resolution approving an annual contract
for towing services with TNT Wrecker Services of
Beaumont in the estimated amount of$59,931.50.
BACKGROUND
Towing services are provided to Fleet Management, Code Enforcement and the Police
Department. Vehicles to be towed include disabled city-owned vehicles for Fleet Management,
impounded or seized vehicles for the Police Department and inoperable, wrecked or junked
vehicles for Code Enforcement.
Sixteen(16)towing companies were provided with bid specifications and two(2)responses were
received. The towing specifications were changed to include light, medium and heavy duty
vehicles. The contract is for one(1)year with the option to renew for one(1) additional year. A
copy of the bid tab is attached.
FUNDING SOURCE
General Fund and Fleet Management Fund.
RECOMMENDATION
Approval of resolution.
RESOLUTION NO.
WHEREAS, bids were received for an annual contract, with an option to renew for
one (1) additional year, for towing services of impounded, seized, inoperable, wrecked or
junked vehicles; and,
WHEREAS, TNT Wrecker Services, of Beaumont, Texas, submitted a bid for an
estimated total annual expenditure of$59,931.50 in the unit amounts shown on Exhibit"A,"
attached hereto; and,
WHEREAS, City Council is of the opinion that the bid submitted by TNT Wrecker
Services, 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 TNT Wrecker Services, of Beaumont, Texas, for an
annual contract, with an option to renew for one (1) additional year, for towing services of
impounded, seized, inoperable, wrecked or junked vehicles for an estimated total annual
expenditure of$59,931.50 in the unit amounts shown on Exhibit"A" be accepted by the
City of Beaumont; and,
BE IT FURTHER RESOLVED THAT the City Manager be and he is hereby
authorized to execute a contract with TNT Wrecker Services, of Beaumont, Texas, for the
purposes described herein.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 18th day of
December, 2012.
- Mayor Becky Ames -
BID NAME: ANNUAL CONTRACT FOR TOWING SERVICES FOR
FLEET MANAGEMENT, CODE ENFORCEMENT AND POLICE DEPARTMENT
BID OPENING DATE: THURSDAY, NOVEMBER 29, 2012
BID NUMBER: PF1113-05
Section I - Fleet Management TNT Wrecker Service Neff Brothers Towing
Beaumont, TX Beaumont, TX
Item# Est Qty Description Unit Price Total Price Unit Price Total Price
1 230 Towing- Light Du $44.50 $10,235.00 $54.00 $12,420.00
2 135 Towing-Medium Du $99.50 $13,432.50 $99.00 $13,365.00
3 115 Towing- Heavy Du $150.00 $17,250.00 $174.00 $20,010.00
4 Jump Start-Light Du $44.50 $50.00
5 Jump Start-Medium Duty $44.50 $50.00
6 Jump Start-Heavy Du $44.50 $100.00
7 Pull Out-Light Du $44.50 $64.00
8 Pull Out-Medium Du $99.50 $99.00
9 jPull Out-Heavy Du $150.00 $150.00
10 lWork Time 1/10 hr $15.00 $15.00
Cost for towing from Fleet Management Facility
to Phil oft Ford or JK Chevrolet
11 20 Light Du $65.00 $1,300.00 $95.00 $1,900.00
12 30 Medium Du $150.00 $4,500.00 $149.00 $4,470.00
13 5 114eavyDuty $195.00 $975.00 $149.00 $745.00
Cost for towing from Fleet Management Facility
to DeJeans, Philp oft Body Shop and Energy Country
14 10 1 Light Du $125.00 $1,250.00 $95.00 $950.00
15 25 IMedium Du $175.00 $4,375.00 $149.00 $3,725.00
16 10 1 Heavy Du $225.00 $2,250.00 $149.00 $1,490.00
Total Section 1 $55,567.50 1 $59,075.00
Section II - Code Enforcement TNT Wrecker Service Neff Brothers Towing
Beaumont, TX Beaumont, TX.
Item# Est Qty Description Unit Price Total Price Unit Price Total Price
1 83 Towing-Light Duty No Charge $0.00 $64.00 $5,312.00
2 10 Towing-Medium Duty No Charge $0.00 $99.00 $990.00
3 8 Towing-Heavy Duty No Charge $0.00 $174.00 $1,392.00
Total Section II $0.00 $7,694.00
Section III - Police Department TNT Wrecker Service Neff Brothers Towing
Beaumont, TX Beaumont, TX.
Item# Est Qty Description Unit Price Total Price Unit Price Total Price
1 42 Towing-Light Du $44.50 $1,869.00 $64.00 $2,688.00
2 10 Towin -Medium Du $99.50 $995.00 $99.00 $990.00
3 10 _Towing-Heavy Du $150.00 $1,500.00 $174.00 $1,740.00
Total Section III 1 $4,364.00 $5,418.00
EXHIBIT "A"
B
RICH WITH OPPORTUNITY
T • E
BEAUMON1)c
X • A • S Ci Council A enda Item
t3' g
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: James P. Singletary, Chief of Police
MEETING DATE: December 18, 2012
REQUESTED ACTION: Council consider a resolution authorizing the City Manager
to execute all documents necessary, specifically including a
contract, in order to accept grant funding from the National
Highway Safety Administration provided through the Texas
Department of Transportation for impaired driving
enforcement and education.
BACKGROUND
The City of Beaumont was identified as one having at least three alcohol related fatalities during
2008. That, combined with the City's population put the Beaumont Police Department on the list
of agencies TXDOT has offered assistance to aid in the enforcement and education of impaired
driving. The grant will assist the department in conducting DWI enforcement waves during the
holiday periods associated with the"Drink, Drive, Go to Jail"campaign.
BUDGETARYIMPACT
The grant funds are estimated at$32,478.35.
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, specifically including a contract, to assist the Beaumont Police Department in
conducting DWI enforcement waves during holiday periods, in order to receive grant
funding in an amount up to $43,390.78 from the National Highway Traffic Safety
Administration provided through the Texas Department of Transportation for impaired
driving enforcement and education.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 18th day of
December, 2012.
- Mayor Becky Ames -
c
RICH WITH OPPORTUNITY
1h10N*
BEA11M
T • E • x • A • s City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Patrick Donart, Public Works Director
MEETING DATE: December 18, 2012
REQUESTED ACTION: Council consider a resolution authorizing the City Manager to
execute a deed conveying unimproved House Road right-of-way
property to Legacy Community Development Corporation for the
construction of one affordable home.
BACKGROUND
Under Texas Local Government Code Section 253.011, a municipality may transfer to a
nonprofit organization, real property without complying with the notice and bidding
requirements of Section 272.001(a) by a Special Warranty Deed.
The Special Warranty Deed must include a provision that requires the nonprofit organization to
use the property in the manner of providing affordable homes and if the nonprofit organization at
any time fails to use the property in that manner, the property will automatically revert to the
City of Beaumont.
The property is the remaining section of House Road unimproved right-of-way located between
8195 Lawrence Drive and 8225 Lawrence Drive described as being a 0.3024 acre tract of land
out of and part of House Road Right-of-Way situated in the Suburban Acres,Unit Two (2), W.
B. Dyches League, Abstract 17. The property will be donated as part of the Neighborhood
Revitalization Project to Legacy Community Development Corporation to provide a decent, safe
and sanitary home for low to moderate income family.
RECOMMENDATION
Approval of resolution.
I
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF BEAUMONT:
THAT the City Manager be and he is hereby authorized to execute a Special Warranty
Deed, substantially in the form attached hereto as Exhibit "A," conveying unimproved
House Road right-of-way property, as described in Exhibit "B" and shown on Exhibit "C,"
attached hereto and made a part hereof, to Legacy Community Development Corporation
as part of the Neighborhood Revitalization Project for the construction of affordable
housing.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 18th day of
December, 2012.
- Mayor Becky Ames -
NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU
MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION
FROM THIS INSTRUMENT THAT TRANSFERS AN INTERST IN REAL PROPERTY
BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL
SECURITY NUMBER OR DRIVER'S LICENSE NUMBER.
THE STATE OF TEXAS X
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF JEFFERSON X
SPECIAL WARRANTY DEED
THAT, the CITY OF BEAUMONT, a municipal corporation domiciled in the County
of Jefferson, State of Texas, hereinafter called GRANTOR for and in consideration of the
sum of TEN AND NO/100 ($10.00) DOLLARS and other good and valuable consideration,
the receipt and sufficiency of which is hereby acknowledged, has GRANTED, SOLD and
CONVEYED, and by these presents does GRANT, SELL and CONVEY unto the LEGACY
COMMUNITY DEVELOPMENT CORPORATION, a Texas Non-Profit Corporation,
hereinafter called GRANTEE, of the County of Jefferson, State of Texas, whose address is
620 Pearl, Beaumont, Texas 77701, all that certain tract or parcel of land in the County of
Jefferson, Texas, described in Exhibit "A", attached hereto and made a part hereof for all
purposes (the "Property").
GRANTEE covenants and agrees that the property described above shall be used for
the purpose of providing decent, safe, sanitary and affordable housing units for low to
moderate income families. If GRANTEE fails to use the property for the stated purpose, title
to the property shall automatically revert to GRANTOR and GRANTEE will execute a
Special Warranty Deed to GRANTOR and file such deed of record in the Deed Records of
Jefferson County, Texas. In the event GRANTEE at any time breaches the foregoing
restrictive covenants, GRANTOR shall have the right to demand a reversion of the property
EXHIBIT "A"
to GRANTOR, and GRANTEE agrees to execute a Special Warranty Deed in favor of
GRANTOR upon written request of GRANTOR.
GRANTEE understands and agrees that should GRANTEE become defunct or
insolvent and at any time fails to use the "Property" in the manner of providing affordable
housing,the"Property" shall automatically revert to the GRANTOR as provided herein.
This conveyance is subject to any restrictive covenants, outstanding mineral interests
and easements affecting the property above described.
TO HAVE AND TO HOLD the above described premises together with all and
singular the rights and appurtenances thereto and in any wise belonging, unto the said
GRANTEE and GRANTEE'S successors and assigns, forever; and said GRANTOR binds
itself and its successors and assigns to warrant and forever defend all and singular the said
premises unto the said GRANTEE and GRANTEE'S successors or assigns, against every
person whomsoever lawfully claiming or to claim all or any part of the property, subject to
the provisions stated above, when the claim is by, through, or under GRANTOR but not
otherwise.
EXECUTED this the day of 12012.
THE CITY OF BEAUMONT
By:
Kyle Hayes, City Manager
ACKNOWLEDGMENT
STATE OF TEXAS X
COUNTY OF JEFFERSON X
This instrument was acknowledged before me on this day of ,
2012, by Kyle Hayes, City Manager of the City of Beaumont, a municipal corporation, on
behalf of said City of Beaumont.
Notary Public, State of Texas
RETURN TO: CITY OF BEAUMONT
Antoinette Hardy
P. O. Box 3827
Beaumont, TX 77704
EXHIBIT "A"
Legal Description: 0.3024 Acre Tract or Parcel of Land
Out of and Part of House Road Right-of-Way
Suburban Acres,Unit Two
Volume 7, Page 193, Map Records
W.B. Dyches League, Abstract No. 17
Beaumont, Jefferson County,Texas
BEING a 0.3024 acre tract or parcel of land situated in the W.B. Dyches League, Abstract No.
17, Jefferson County, Texas and being out of and part of the House Road right-of-way as
recorded on the final plat of Suburban Acres, Unit Two, a subdivision of the City of Beaumont,
Jefferson County, Texas, according to the plat thereof recorded in Volume 7, Page 193, Map
Records, Jefferson County, Texas, said 0.3024 acre tract being more particularly described as
follows:
NOTE: All bearings are referenced to the Southeasterly line of Lot 1, Block 7 of
the said Suburban Acres, Unit Two, the same being the Northwesterly right-of-
way line of Lawrence Drive, as SOUTH 35°31'30" WEST as recorded in Volume
7, Page 193, Map Records, Jefferson County, Texas. All set 518" iron rods set
with caps stamped "M.W. Whiteley &Associates".
COMMENCING at a 5/8" iron rod with a cap stamped "M.W. Whiteley & Associates" found
for the most Easterly corner of Lot 1, Block 7 and the most Southerly corner of Lot 2, Block 7 of
the said Suburban Acres, Unit Two, and said corner being in the Northwesterly right-of-way line
of Lawrence Drive (based on a width of 80 feet);
THENCE SOUTH 35°31'30" WEST, along and with the Southeasterly line of the said Lot 1 and
the Northwesterly line of the said Lawrence Drive, for a distance of 99.99 feet to a 1/2" iron rod
found for the most Easterly corner and the POINT OF BEGINNING of the tract herein
described;
THENCE SOUTH 35 000'06" WEST, continuing along and with the Northwesterly right-of-way
line of Lawrence Drive, for a distance of 79.82 feet to a concrete monument found for corner;
THENCE NORTH 54 041'06" WEST, passing at a distance of 20.06 feet a 5/8" iron rod found
for a corner in the Northeasterly line of Lot 10, Block 6 of the said Suburban Acres, and
continuing along and with the Northeasterly line of the said Lot 10 and the Southwesterly right-
of-way line of House Road, for a total distance of 165.00 feet to a 5/8" iron rod set for corner,
said corner being the most Northerly corner of the said Lot 10 and in the Southeasterly line of
that certain called 131.467 acre tract of land as described in a "Warranty Deed" from H.G.
Nichols, Sr. to Howard Grant Nichols Family Limited Partnership as recorded in Clerk's File No.
2000016829, Official Public Records of Real Property, Jefferson County, Texas and from said
corner a found concrete monument bears NORTH 18°21'12" WEST a distance of 0.54 feet;
EXHIBIT"A"
Dona 1 of 7
MAR1 EXHIBIT "B" fNc
THENCE NORTH 35 009'03" EAST, along and with the boundary between the Northwesterly
right-of-way line of House Road and the Southeasterly line of the said 131.467 acre Howard
Grant Nichols Family Limited Partnership tract, for a distance of 79.97 feet to a 1/2" iron rod
found for corner, said corner being the most Westerly corner of the said Lot 1, Block 7, and from
said corner a found concrete monument bears SOUTH 53°49'49" EAST a distance of 0.49 feet;
THENCE SOUTH 54 03756" EAST, along and with the Southwesterly line of the said Lot 1,
Block 7 and the Northeasterly right-of-way line of House Road, passing at a distance of 144.85
feet a 5/8" iron rod set for corner in the Southwesterly line of the said Lot 1, Block 7 and
continuing for a total distance of 164.79 feet to the POINT OF BEGINNING and containing
0.3024 Acres, more or less.
Surveyed on October 9, 2012. This legal description is being submitted along with a plat based
on this survey(see EXHIBIT "B").
...................RONI►E
THOMAS..�._.........»
Thomas S. Rowe, RPLS No. 5728 <:9 5728 -
9 ..ESN.O 0-a
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EXHIBIT"A"
Page 2 of 2
MARK W. WHITELE Y A ND A SSOCIA TES,INC.
CALLED 131.467 ACRES
FND CONC MON BEARS HOWARD GRANT NICHOLS
N 18.21'12'W 0.54' (CALL N35'3130-E 80.00) FAMILY LIMITED PARTNERSHIP
SET. ROD FND N35°09'03"E 79.97' FND D2. CF. NO. 2000016829
682s
—OHE "OHE OHE OHE OHE ❑HE OH FND CONC MON BEARS
x S53'4949 E 0.49'
0.24'
W
(n 4.09' 0
All g x
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o 1. ROD &� 1. ROD 1 0 C
fz o c-i `$voi o Mi DRNE FND 518' L ROD
FND CONC. 'o W CAP STAMPED
MONU. °c (CALL S35'3130-W 80.00) .W. voinnEY'
Fl L � FND S35°00'06'W 79.82'
FND S35'29 36'W 99.89' FND S35.31 30'1Y 99.99'
(CALL S35'31'30'W 100.00) 13'PIASIX PIPE (CALL S35'31'30'W 100.00')
SEWER�uNHOLE _ — REFERENCE BEARING PER PLAT
LAWRENCE DRIVE POB
(80' ROW) FND 112' = OJ some �r
EXHIBIT "B" L ROD '_ 1 f 1
., ,
REFER TO EXHIBIT A" 12-8 12-80 A.DWG
FOR LEGAL DESCRIPTION Z � wiIQT M
AND ASSOMES
TO THE OWNERS OF THE PREMISES SURVEYED INCORPORATED
AS OF THE DATE OF THE SURVEY: =ON=
eUrie:M AM PUa
I. THOMAS . DO HEREBY CERTIFY THAT THIS SURVEY WAS THIS DAY is=r 1��
MADE ON THE SU ACE OF THE GROUND OF THE PROPERTY LEGALLY DESCRIBED
HEREON AND CORRECTLY REPRESENTS THE FACTS FOUND AT THE TIME +• ++++•
OF THE SURVEY. BOUNDARY SURVEY OF A
DATE SURVEYED: OCTOBER 9. 2012 OF 0.3024 ACRE TRACT OR
Q�o•�.. . F PARCEL OF LAND
OUT OF AND PART OF
Q o. HOUSE ROAD RIGHT-OF-WAY
•••«•.«• SUBURBAN ACRES, UNIT TWO
S S.ROWS VOLUME 7, PAGE 199
4 5728 MAP RECORDS
<'9 .9oF E S S 0 .'-�Q W.B. DYCHES LEAGUE
�G�•••......•••'�, ATTRACT NO. 17
THOMAS S. ROWE - w REGISTERED PROFESSIONAL LA) BEAUMONT, JEFFERSON
EXHIBIT "C" COUNTY, TEXAS
RIGS VIts OPPORTUNITY
BEAUMON*
T * F * X * A * 8
REGULAR MEETING OF THE CITY COUNCIL
COUNCIL CHAMBERS DECEMBER 18,2012 1:30 P.M.
AGENDA
CALL TO ORDER '
* Invocation Pledge Roll Call
* Presentations and Recognition
* Public Comment: Persons may speak on scheduled agenda items 1-4/Consent
Agenda
* Consent Agenda
GENERAL BUSINESS
1. Consider a resolution approving the purchase of 20 patrol vehicles for use in the
Police Department
2. Consider a resolution authorizing the City Manager to execute a 20 year
agreement with Fair Energy Operations-Beaumont, LLC to purchase municipal
solid waste from the City of Beaumont
3. Consider an amendment to Chapter 8, Section 8.02.002 of the Code of Ordinances
by adding a new subsection 3404.2.11.3.1 related to the use and installation of
underground storage tanks
4. Consider a resolution authorizing eminent domain proceedings to acquire property
at 2935 Washington Boulevard for the Washington Boulevard Road Improvement
Project
COMMENTS
* Councilmembers/City Manager comment on various matters
* Public Comment(Persons are limited to 3 minutes)
EXECUTIVE SESSION
* Consider matters related to contemplated or pending litigation in accordance with
Section 551.071 of the Government Code:
Claim of Debhra Reeves
Claim of Chantesha Bruno
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
December 18,2012
Consider a resolution approving the purchase of 20 patrol vehicles for use in the Police
Department
RICH WITH OPPORTUNITY
BEAUMON*
T • Z • X - A • s City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager �/
PREPARED BY: Laura Clark, Chief Financial Officer k--/
MEETING DATE: December 18, 2012
REQUESTED ACTION: Council consider a resolution approving the purchase of
twenty(20)patrol vehicles from Caldwell Country
Chevrolet of Caldwell, Texas in the amount of$525,960
for use by the Police Department.
BACKGROUND
The new vehicles are 2013 Chevrolet Tahoe's with the police package. Chevrolet Tahoe's were
chosen due to Ford stopping production of the Crown Victoria. Since the current radios and
computer equipment accessories will transfer to the Tahoe with minor equipment modifications,
the Chevrolet Tahoe is the most cost efficient choice to replace the Crown Victoria.
Nineteen(19)of the twenty(20)vehicles requested will replace units that are used in daily
operations by the Patrol Division. The vehicles to be replaced are on a scheduled replacement
cycle in order to keep serviceable vehicles available at all times. The remaining vehicle will be
utilized by Crime Scene Investigation Technicians and will replace a unit which is no longer fit
for service due to age and mileage. The replaced vehicles may be disposed of according to the
City's surplus property disposal policies or relocated to other divisions.
Pricing for the vehicles was obtained through BuyBoard, a cooperative purchasing association
providing cities and political subdivisions with the means to purchase specialized equipment at
volume pricing. BuyBoard complies with State of Texas procurement statutes.
Standard warranties of five(5)years or 100,000 miles are provided for each vehicle. Warranty
service is available from the local authorized dealer. Delivery is expected within sixty(60)to
ninety(90) days.
FUNDING SOURCE
Capital Reserve Fund.
RECOMMENDATION
Approval of the resolution.
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF BEAUMONT:
THAT the City Council hereby approves the purchase of twenty(20) Chevrolet Tahoes for
use by the Beaumont Police Department from Caldwell Country Chevrolet, of Caldwell,
Texas, in the amount of$525,960 through the BuyBoard Cooperative Purchasing Program.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 18th day of
December, 2012.
- Mayor Becky Ames -
2 '
December 18,2012
Consider a resolution authorizing the City Manager to execute a 20 year agreement with Fair
Energy Operations-Beaumont, LLC to purchase municipal solid waste from the City of
Beaumont
RICH WITH OPPORTUNITY
BEAIIMON*
T • E • X • A • S City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Dr. Hani J. Tohme, P.E., Water Utilities Director
MEETING DATE: December 18, 2012
REQUESTED ACTION: Council consider a resolution authorizing the City Manager
to execute a 20 year agreement with Fair Energy
Operations-Beaumont, LLC to purchase municipal solid
waste from the City of Beaumont.
BACKGROUND
The proposed agreement is with Fair Energy Operations-Beaumont,LLC, a Texas limited liability
company, formerly known as GGI, LLC. Under the terms of the proposed agreement,the City
will supply on average 1,400 tons per week of municipal solid waste to the company. This waste
is currently disposed of at the City's landfill located on Lafin Road. Fair Energy
Operations-Beaumont, LLC will purchase property next to the landfill and construct facilities to
sort and process any recyclable materials and use patented technologies to convert the remaining
solid waste to commercial grade liquid diesel. The company estimates it will create 50 jobs. For
compensation,the City of Beaumont will receive a biannual payment of$200,000.00 which will
increase by three (3)percent yearly starting on the fourth anniversary of the first payment and
continuing throughout the life of the agreement. In addition to the financial benefits,this
agreement will extend the life of the landfill by approximately five years.
RECOMMENDATION
Approval of the 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 a twenty (20) year
agreement with Fair Energy Operations-Beaumont, LLC,to purchase municipal solid waste
from the City of Beaumont.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 18th day of
December, 2012.
- Mayor Becky Ames -
3
December 18,2012
Consider an amendment to Chapter 8, Section 8.02.002 of the Code of Ordinances by adding a
new subsection 3404.2.11.3.1 related to the use and installation of underground storage tanks
RICH WITH OPPORTUNITY
BEAUMON*
T • 2 • : 0 A • S City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Anne Huff, Fire Chief
MEETING DATE: December 18, 2012
REQUESTED ACTION: Council consider approving an amendment to Chapter 8,
Section 8.02.002 of the Code of Ordinances by adding a new
subsection 3404.2.11.3.1 for the use and installation of
underground storage tanks.
BACKGROUND
The City regulates the manner of installation of large underground storage tanks to ensure that the
tanks do not float out of the ground during floods or other times when the underground water table
rises. The City's current regulation requires that a 12"concrete pad be poured in the hole and the
storage tanks be secured to the pad. Modern techniques allow for the anchoring of the tank
without the pouring of the concrete slab. The manufacturers of the storage tanks and professional
engineers have perfected such designs. At the request of local businesses,the proposed amended
Ordinance would allow for the installation of the storage tanks as specified by the manufacturers,
plans approved by professional engineers or the current method described above. The storage
tanks in question are most commonly found at the corner gas station,but have other applications as
well.
FUNDING SOURCE
Not applicable.
RECOMMENDATION
Approval of ordinance.
ORDINANCE NO.
ENTITLED AN ORDINANCE AMENDING CHAPTER 8, SECTION
8.02.002 OF THE CODE OF ORDINANCES OF THE CITY OF
BEAUMONT BY ADDING NEW SECTION 3404.2.11.3.1 OF THE
INTERNATIONAL FIRE CODE; PROVIDING FOR SEVERABILITY;
PROVIDING FOR REPEAL; AND PROVIDING A PENALTY.
BE IT ORDAINED BY THE CITY OF BEAUMONT:
Section 1.
That Chapter 8, Section 8.02.002 of the Code of Ordinances of the City of Beaumont be
and the same is hereby amended by adding a new Subsection 3404.2.11.3.1 to read as
follows:
Sec. 8.02.002. Amendments to code.
Section 3404.2.11.3 is hereby added to read as follows:
Section 3404.2.11.3.1 Foundation required. Underground storage tanks with a
capacity of ten thousand (10,000)gallons or more shall be installed on a twelve-
inch thick,firm concrete foundation and attached by means of not less than three
(3) steel anchor straps, each of which having a minimum dimension of one-
quarter (1/4) inch thickness and two (2) inches width, or by means of other
approved straps and strapping methods, and fastened taut around the tank by
turnbuckles or other adjustable fittings which are capable of withstanding at least
as much stress as the straps.
Exception;
(1) Dead man anchors may be used provided that:
a) The anchors are manufactured and distributed by the manufacturer
of the tank being installed; and,
b) Plans and documents for the proper size and length of the anchors
shall be provided along with the tank installation plans; and,
c) Anchors shall be installed per manufacturer's recommended
installation procedures.
(2) Dead man anchors may be manufactured on location provided that:
a) Sealed, engineered plans shall be submitted to the Fire Marshal's
office for approval prior to manufacture or installation of the
anchors; and,
b) Construction of the anchors shall not deviate from the engineered
documents; and,
c) Installation of the anchors shall comply with nationally recognized
standards; and,
d) Prior to installation,the dead man anchors shall be inspected by an
inspector with the Beaumont Fire Rescue, Fire Marshal's Office.
Section 2.
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 3.
That all ordinances or parts of ordinances in conflict herewith are repealed to the
extent of the conflict only.
Section 4.
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 20th day of
November, 2012.
- Mayor Becky Ames -
4
December 18,2012
Consider a resolution authorizing eminent domain proceedings to acquire property at 2935
Washington Boulevard for the Washington Boulevard Road Improvement Project
RICH WITH OPPORTUNITY
BEAUPq& so OW
. City Council Agenda Item
T E X A S
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Patrick Donart, Public Works Director
MEETING DATE: December 18, 2012
REQUESTED ACTION: Council consider a resolution authorizing eminent domain
proceedings to acquire property for the Washington Boulevard
Road Improvement Project.
BACKGROUND
As part of the Washington Boulevard Road Improvement Project, a portion of two (2) parcels of
land from Interstate 10 to ML King Parkway need to be acquired. Several contacts have been
made to the owner of the property listed below; however administration has been unsuccessful in
communicating with the land owner. The property was appraised by Bishop Real Estate
Appraisers:
0.0036 acre out of Lot 1, Block 1, Dixie Terrace Addition
(2935 Washington Blvd) Value: $750.00
Owner: Ora Mae Guidry Estate
FUNDING SOURCE
Capital Program.
RECOMMENDATION
Approval of resolution.
RESOLUTION NO.
WHEREAS, the City Council of the City of Beaumont deems it necessary that the
property described below be acquired for the Washington Boulevard Road Improvement
Project; and,
WHEREAS, the City Council has found that a public necessity exists requiring the
hereinafter described property:
0.0038 acre out of Lot 1, Block 1, Dixie Terrace Addition
Address: 2935 Washington Boulevard
Appraised Value: $750.00
Owner: Ora Mae Guidry Estate
and,
WHEREAS, the City Council deems it necessary to acquire the hereinafter
described interests in and to the above described property for the Washington Boulevard
Road Improvement Project and has found and determined that said interests in and to the
above described land is suited for such uses and that it is necessary to acquire same for
said uses by the use of the power of Eminent Domain; and,
WHEREAS, the City of Beaumont, through its duly authorized representatives, has
made every effort to locate the owner of the above described land and because we cannot
locate the owner, the City is unable to negotiate in good faith as to the fair market value
thereof and damages, if any, and further attempts at negotiations for settlement have
become futile and impossible;
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the statements and findings set out in the preamble to this resolution are hereby, in
all things, approved and adopted; and,
THAT the City Attorney be and he is hereby authorized and directed to file or cause
to be filed against the owner of the above described parcel of land, and all claimants of any
interest therein, proceedings in Eminent Domain to acquire fee simple title in and to the
said parcel of land described in Exhibit"A" and shown on Exhibit"B,"attached hereto and
made a part hereof, the parcel of land being situated in Beaumont, Jefferson County,
Texas for the public use of locating, constructing, widening and maintaining Washington
Boulevard, a street in Beaumont, Jefferson County, Texas.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 18th day of
December, 2012.
- Mayor Becky Ames -
EXHIBIT "A"
Legal Description: 0.0038 Acre Tract or Parcel of Land
Out of and Part of Lot 1, Block 1
Dixie Terrace Addition
Volume 6, Page 116,Map Records
J.W. Bullock League,Abstract No. 7
Beaumont,Jefferson County, Texas
BEING a 0.0038 acre tract or parcel of land situated in the J.W. Bullock League,Abstract No. 7,
Jefferson County,Texas and being out of and part of Lot 1,Block 1 of Dixie Terrace Addition, a
subdivision of the City of Beaumont, Jefferson County, Texas, according to the plat thereof
recorded in Volume 6, Page 116, Map Records, Jefferson County, Texas and also being out of
and part of the said Lot 1, Block 1 of Dixie Terrace Addition as described in a deed from Arthur
A. Dumm and E.F. Donohue to Dave Guidry and wife, Ora Mae Guidry as recorded in Volume
485, Page 163, Deed Records, Jefferson County, Texas, said 0.0038 acre tract being more
particularly described as follows:
NOTE: All bearings are referenced to the Texas State Plane Coordinate System
South Central Zone NAD83. All set 518"iron rods set with caps stamped"City of
Beaumont R.O.W. Monument".
COMMENCING at the Southeast corner of the said Lot 1, said corner also being the Southwest
corner of Lot 2 and in the North line of Lot 4, Block 1 of the said Dixie Terrace Addition, and
from said corner a 1/2"iron rod found bears NORTH 09°12'08" EAST a distance of 0.42 feet and
said corner bears SOUTH 86°37'50" WEST a distance of 100.02 feet from a 5/8" iron rod found
for the Southeast corner of Lot 3,Block 1 of the said Dixie Terrace Addition;
THENCE NORTH 03 015'09" WEST, for the boundary between the said Lots 1 and 2, for a
distance of 145.52 feet to a 5/8" iron rod set for the Southeast comer and the POINT OF
BEGINNING of the tract herein described;
THENCE NORTH 89°07'47" WEST, over and across the said Lot 1 and along the proposed
South right-of-way line of Washington Boulevard,for a distance of 46.99 feet to a 5/8" iron rod
set for corner;
THENCE SOUTH 68 041'40" WEST, continuing over and across the said Lot 1 and along the
proposed South right-of-way line of Washington Boulevard,for a distance of 11.68 feet to a 518"
iron rod set for corner, said corner being in the West line of the said Lot 1 and in the East right-
of-way line of Donohue Street (based on a width of 60 feet);
THENCE NORTH 03 015'09" 'VEST, along and with the East right-of-way line of Donohue
Street, for a distance of 4.67 feet to a point for comer, said comer being the Northwest corner of
the said Lot 1 and being the intersection of the East right-of-way line of Donohue Street and the
existing South right-of-way line of Washington Boulevard(based on a width of 60 feet);
EXHIBIT "A"
AIARIi 6t: 6:HITELEYAND ASSOCIATES,INC.
THENCE NORTH 86 03750" EAST, along and with the existing South right-of-way line of
Washington Boulevard and the North line of the said Lot 1, for a distance of 57.98 feet to a 1/2"
iron rod found for corner, said comer being the Northeast corner of the said Lot 1 and the
Northwest corner of the said Lot 2;
THENCE SOUTH 03 015'09" EAST, for the boundary between the said Lots 1 and 2, for a
distance of 4.55 feet to the POINT OF BEGINNING and containing 0.0038 Acres, more or
less.
Surveyed on May 15, 2012. This legal description is being submitted along with a plat based on
this survey(see EXHIBIT "B").
V. %r&g
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Thomas S. Rowe, S No. 5728 THOMM O!•*G
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W:\2012\12-363\12-363m&6.doc S! ct
EXHIBIT"A"
Page 2 of 2
iS.,RK JT: [i HITELEYAND ASSOC?.ATES,INC.
------- --------------------
a�A .H11�7G1 v"v' BOULEVARD 0.0038 ACRES EXISTING RIGHT OF WAY
CALC. (CALL 50.00) FND 1 2' (CALL 100.00') FND SCRIBED X" O
CORNER L4 a 1. R D FND N86'37'50E 100.02' ^IF IN CONCRETE
L2�R50�8' L1 50.01' 50.01'
SET 5/8"
I. ROD ]�O D FND SCRIBED X"
r D IN CONCRETE j SET
. RODE" vii V
SET 518 PROPOSED RIGHT OF WAY
L ROD I
N
z( Z WASHINGTON
got ' ol 2 0 Vol 3 2 BOULEVARD
J �
FND 1/2" L ROD
0
SOUTEX PED FND N86'41'46E 170.84'
:�`� ,� �°n; �o o FND SCRIBED "X
o �o DAVE GUIDRY, et ux. %°o PHAT KIM TRUONG & PRAT KIM TRUONG & IN CONCRETE
VOL 485, PG. 163 rn 0 LIEN THI LE LIEN TW LE $ E~
DRJC CF. N0. 2001042757 CF. N0. 2001023787
p o OPRJC OPRJC J
Z
TOTAL ACRES 0.1997 HL5 ARING DISTANCE
TAKING ACRES 0.0038 9'07'47"W 46.99' o LOT 4, BLOCK 5
REMAINING ACRES 0.1959 8'41'40"W 11.68' ° BOOKER HEIGHTS
NO3'1 5'09"W 196.70' o VOL 4, PG. 113
6'37'50"E 57.98' a MRJC
3'15'09"E
I
POC
CALC.
CORNER
CALC. FND S86'37'50'W 57.98' FND S86'37'50"W 100.02'
CORNER (CALL 58.00) (CALL 100.00)
N09'12'08"E 0.42'
FND 112" 1. ROD BEARS o
bQm
1. NOTHING IN THIS SURVEY IS INTENDED TO EXPRESS AN OPINION REGARDING vol o
OWNERSHIP OR TITLE
2. THE WORD CERTIFY IS UNDERSTOOD TO BE AN EXPRESSION OF PROFESSIONAL
JUDGMENT BY THE SURVEYOR, WHICH IS BASED ON HIS BEST KNOWLEDGE: INFORMATION o
AND BEIJEF, FORMED IN THE COURSE OF HIS PERFORMING THE SURVEY IN COMPLAINCE Z
WITH THE STANDARDS OF PRACTICE REQUIRED AND PROMULGATED BY THE TEXAS BOARD p
OF PROFESSIONAL LAND SURVEYORS AND THE TEXAS SOCIETY OF PROFESSIONAL FND 1/2' XFiIBIT "B"
SURVEYORS. AS SUCH, ff CONSTITUTES NEITHER A GUARANTEE NOR A WARRANTY, EXPRESSED OR L R D
IMPLIED. REFER TO EXHIBIT A"
3. ALL SET 518` IRON RODS SET WITH A CAPS STAMPED CITY OF BFAUMONT R.O.W. MONUMENT" FOR LEGAL DESCRIPTION
4. ALL BEARINGS ARE REFERENCED TO TEXAS STATE PLANE COORDINATE SYSTEM SOUTH CENTRAL 0
ZONE NAD83. BFAUXONT
TO THE OWNERS OF THE PREMISES SURVEYED oR MVAr TOO zoos - sir of 1
AS OF THE DATE OF THE SURVEY. J0 No. ►r zolz tz- rr�►
I. THOMAS S. ROWE DO HEREBY CERTIFY THAT THIS SURVEY WAS THIS DAY
1p
12-363 12-363.DWG 0
MADE ON THE SURFACE OF THE GROUND OF THE PROPERTY LEGALLY DESCRIBED MARK . TETrELEY
HEREON AND CORRECTLY REPRESENTS THE FACTS FOUND AT THE TIME ASSOCIATES
OF THE SURVEY. INCORPORATED
DATE SURVEYED; MAY 15. 2012 G
�- OF ass. AM
m F. 0.
a mm m6196r-aw 9°60 9�Y'lT/G1
HOMAS S. ROWS 0.0098 ACRE TRACT OR PARCEL OF LAND
••••«.t...«.«..•«•.N.E
•<:9 5728 P•Q
OUT OF AND PART OF LOT 1 BLOCS 1
• 0aE s s 0�•.0 DDR TERRACE ADDITION
2O"''••••••vFi VOLUME 6, PAGE 116, YAP RECORDS
THOMAS S. ROWE - REGISTERED PROFESSIO URVEYOR No. 5728 LT. BULLOCI LZL= ABSTRACT NO. 7
BEAUYONT, 78FF=N COUNTY. =0
EXHIBIT "B"