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PACKET FEB 26 2013
ZSC■ WITZ OTtORTONITT BEAUMON* T • S • a • A • s REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS FEBRUARY 26,2013 1:30 P.M. CONSENT AGENDA * Approval of minutes—February 19, 2013 * Confirmation of committee appointments Lauren Williams-Mason would be appointed to the Library Commission. The term would commence February 26, 2013 and expire February 25, 2015. (Councilmember W. L. Pate, Jr.) A) Approve a resolution authorizing the award of a primary contract for the publication of legal notices to The Examiner and the secondary contract to the Beaumont Enterprise B) Approve a resolution authorizing the acceptance of two ten foot wide Exclusive Sanitary Sewer Easements located at 3740 IH-10 South C) Approve a resolution authorizing the acceptance of a ten foot wide Exclusive Water Line Easement located at 5780 Walden Road D) Approve a resolution authorizing the City Manager to execute all documents necessary for an agreement between the Southeast Texas Regional Advisory Council and Beaumont Fire-Rescue Services E) Approve a resolution accepting a payment to settle weed and litter liens associated with property located at 1885 Verone Street RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the following appointments be made: Appointment Commission Beginning Expiration of Term of Term Lauren Williams-Mason Library Commission 02/26/13 02/15/15 PASSED BY THE CITY COUNCIL of the City of Beaumont this the 26th day of February, 2013. - Mayor Becky Ames - A RICH WITH OPPORTUNITY REAUMON* T • E • x • A • s City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Laura Clark, Chief Financial Officer MEETING DATE: February 26, 2013 REQUESTED ACTION: Council consider a resolution authorizing the award of a primary contract for the publication of legal notices to The Examiner and the secondary contract to the Beaumont Enterprise, BACKGROUND The publication of legal notices is utilized by various City departments and divisions, such as the City Clerk, Convention and Visitors Bureau, Housing, Finance, Engineering, Capital Projects, Water Utilities and Planning and Zoning to meet various notification requirements as dictated by law. Last year the City spent a total of approximately $50,000 on legal notices. City legal notices are currently posted on Thursdays with The Examiner. Legal notices that are required to be posted on other days of the week will be posted with the Beaumont Enterprise. The cost per column line has remained the same as the previous contract for these services. Bid tab is attached. FUNDING SOURCE Various City Funds. RECOMMENDATION Approval of resolution. RESOLUTION NO. WHEREAS, bids were received for a one (1) year contract, with two (2) one year options to renew, for publication of legal notices by various City departments; and, WHEREAS, The Examiner and the Beaumont Enterprise submitted bids as shown on Exhibit "A," attached hereto, for an estimated amount of$50,000 collectively; and, WHEREAS, City Council is of the opinion that the bids submitted by The Examiner and the Beaumont Enterprise should be accepted as primary and secondary contracts, respectively; 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 Examiner and the Beaumont Enterprise for a one (1)year contract, with (2) one year options to renew, for the publication of legal notices for use by various City departments as shown on Exhibit"A,"attached hereto, be accepted by the City of Beaumont as primary and secondary contracts, respectively; and, BE IT FURTHER RESOLVED THAT the City Manager be and he is hereby authorized to execute contracts with The Examiner and the Beaumont Enterprise for the purposes described herein. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 26th day of February, 2013. - Mayor Becky Ames - Bid Name: Annual Contract for Publication of Legal Notices Bid Number: PF0113-06 Bid Opening: February 14, 2013 Contact Person: Patrick Bardwell pbardwell@ci.beaumont.tx.us 409-880-3175 The Examiner Beaumont Enterprise Description Beaumont,Tx Beaumont,Tx Newspaper with circulation under 50,000 Per column line Per column line Daily Rate NA $2.15 Sunday Rate NA $2.59 Weekly $1.00 NA Q Description Answer Answer F- Current Circulation Total 39,999 or less 39,999 or less pp Classified Advertisement day(s)of publication Thursday M, T, W, Th, F, Sa, Su = X W B RICH WITH OPPORTUNITY T - E ,• x A s Ci Council A enda Item tY g TO: City Council FROM: Kyle Hayes, City Manager Pp PREPARED BY: Patrick Donart, Public Works Director MEETING DATE: February 26, 2013 REQUESTED ACTION: Council consider a resolution authorizing the acceptance of two (2) ten foot (10') wide Exclusive Sanitary Sewer Easements. BACKGROUND LaBelle Park, LLC has agreed to convey two (2)ten foot(10')wide exclusive Sanitary Sewer Easements to the City of Beaumont. The easements are described as being a 0.124 acre tract out of Southwest Plaza and part of Section 1, Lot 1, Block 1 situated in the C. Williams League, Abstract No. 59 and a 0.714 acre tract out of LaBelle Park, LP situated in the C. Williams League, Abstract No. 59. The sanitary sewer easements are for future commercial development near the new truck ranch located at 3740 IH-10 South. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of resolution. RESOLUTION NO. WHEREAS, LaBelle Park, LLC has agreed to convey two (2) ten (10) foot wide sanitary sewer easements, said easements being a 0.124 acre tract out of Southwest Plaza and part of Section 1, Lot 1, Block 1 situated in the C. Williams League,Abstract No. 59, as described in Exhibit"A"and shown on Exhibit"B,"attached hereto, and a 0.714 acre tract out of LaBelle Park, LP situated in the C. Williams League, Abstract No. 59, as described in Exhibit"C"and shown on Exhibit"D,"attached hereto,to the City of Beaumont for the purpose of placing, constructing, operating, repairing, rebuilding, relocating and/or removing sewer lines and appurtenances to facilitate future commercial development;and, WHEREAS, the City Council has considered the purpose of said conveyances and is of the opinion that the acceptance of said conveyances are necessary and desirable and that same should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT the easements conveyed by LaBelle Park, LLC, as described in Exhibits"A" and "C" and shown on Exhibits "B" and "D," be and the same are hereby, in all things, accepted for the stated purposes. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 26th day of February, 2013. - Mayor Becky Ames - STATE OF TEXAS X KNOW ALL MEN BY THESE PRESENTS: COUNTY OF JEFFERSON X SANITARY SEWER EASEMENT THAT, LABELLE PARK, LLC, of the County of Jefferson, State of Texas,hereinafter called "GRANTORS", for and in consideration of the sum of ONE AND NO/100 DOLLAR ($1.00), and other good and valuable consideration to us in hand paid by the CITY OF BEAUMONT, a municipal corporation domiciled in Jefferson County, Texas,hereinafter called "GRANTEE", the receipt and sufficiency of which consideration is hereby acknowledged,have GRANTED, SOLD and CONVEYED, and by these presents do GRANT, SELL and CONVEY unto the CITY OF BEAUMONT, P. O. Box 3827, Beaumont, Texas 77704, Jefferson County, Texas, its successors and assigns, a Sanitary Sewer Easement and the right to construct, alter, and maintain said sanitary sewer line and appurtenances on the hereinafter described lands which said easement is under, over, in and across that certain tract or parcel of land owned by GRANTORS situated in the County of Jefferson, State of Texas, and being more particularly described in Exhibit "A" attached and made a part hereof for all purposes. The easement herein granted shall be used for the purpose of placing, constructing, operating, repairing, rebuilding,replacing, relocating, removing sanitary sewer lines and appurtenances, and the following rights are also hereby conveyed: It is expressly understood and agreed that the City of Beaumont shall have the right of ingress to and egress from the tract of land hereinbefore described and use of the same for the purposes aforesaid, and giving said City the right and privilege to improve, maintain and operate the same as permitted by law. EXHIBIT "A" Grantor agrees not to place any structures or appurtenances within the Easement Property. Grantee shall not be responsible for the repair and replacement of any paving or other structures within the Easement Property. TO HAVE AND TO HOLD the above described easement and right-of-way unto the said CITY OF BEAUMONT,its successors and assigns forever. EXECUTED this day of 120_. GRANTORS: LABELLE PARK, LLC I ACKNOWLEDGMENT STATE OF TEXAS X COUNTY OF JEFFERSON X BEFORE ME, the undersigned authority, on this day personally appeared as of LABELLE PARK, LLC, known to me to be the person and officer whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same as the act of such corporation for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of , 20 Notary Public, State of Texas RETURN TO:City of Beaumont Antoinette Hardy- Engineering P. O. Box 3827 Beaumont, TX 77704 W 'Recognizing the landmarks of the past...setting our foresight towards the future with Advanced Geospatial Technology' LAND SURVEYORS, INC. Richard L. Worthey, RPLS J.L. Sims, Jr., RPLS Michael D. McGuinness, RPLS, CHS Gregory S. Kays, RPLS EXHIBIT "A" Pagel of 3 January 29, 2013 Surveyor's Field Note Description: 0.124 Acre Exclusive City Sanitary Sewer Easement BEING a 0.124 acre (5414.57 square feet) tract of land (Exclusive City Sanitary Sewer Easement) out of and a part of that certain Southwest Plaza, Section 1, Lot 1, Block 1 called 3.717 acre tract more fully described and recorded in Volume 9,Page 133 of the Map Records of Jefferson County, Texas and also being out of and a part of that certain LaBelle Park, LP called 65.57 acre tract of land, more fully described and recorded in Clerk's File No. 2005032191 of the Official Public Records of Jefferson County, Texas. Said 0.124 acre (5414.57 square feet) tract of land(Exclusive City Sanitary Sewer Easement)being situated in the C. Williams League, Abstract No. 59,Jefferson County, Texas and being more particularly described as follows: COMMENCING at a 1 inch iron pipe found in the West line of said 65.57 acre tract, same being the East line of that certain Asset Alliance Group, Ltd called 28.825 acre tract, more fully described as Tract IV and recorded in Clerk's File No. 1999048299 of said Official Public Records and same being the Northwest corner of said 3.717 acre tract; Thence North 87 deg. 27 min. 16 sec. East along and with the North line of said 3.717 acre tract, a distance of 280.03 feet to a point in the West right-of-way line of Rexora Drive (60 feet wide right-of-way) and being the beginning of a curve to the left; Thence in a Southeasterly direction along and with the West line of said Rexora Drive and said curve to the left,having a radius of 205.00 feet, a chord bearing of South 26 deg. 34 min. 08 sec. East, a chord length of 168.12 feet, a delta angle of 48 deg. 25 min. 01 sec. and an arc distance of 173.23 feet to a point for corner; Thence South 50 deg. 40 min. 26 sec. East continuing along and with the West line of said Rexora Drive, a distance of 159.47 feet to a point for the beginning of a curve to the right; Thence in a Southeasterly direction along and with the West line of said Rexora Drive and said curve to the right,having a radius of 35.00 feet, a chord bearing of South 33 deg. 36 min. 16 sec. East, a chord length of 20.55 feet, a delta angle of 34 deg. 08 min. 19 sec. and an arc distance of 20.85 feet to the POINT OF BEGINNING of the tract of land herein described; Corporate Office: 1480 Cornerstone Court Beaumont,Texas 77706 Tel: 409.866.9769 Fax: 409.866.7075 www.wortech.com 11- 1/ W�RTECH LAND SURVEYORS, INC. EXHIBIT "A" Page 2 of 3 0.124 Acre Exclusive City Sanitary Sewer Easement THENCE continuing along and with said curve to the right and the West line of said Rexora Drive in a Southwesterly direction, having a radius of 35.00 feet, a chord bearing of South 15 deg: 46 min. 35 sec. West, a chord length of 37.42 feet, a delta angle of 64 deg. 37 min. 23 sec. and an arc distance of 39.48 feet to a point for corner in the Northwest right-of-way line of Interstate Highway 10(right-of-way width varies); THENCE South 48 deg. 05 min. 16 sec. West along and with the Northwest line of said Interstate Highway 10, same being the Southeast line of said 3.717 acre tract, a distance of 246.46 feet to a point for the most Southerly corner of said 3.717 acre tract, same being the most Easterly corner of that certain E. H. Steinhagen, Jr. called 2.390 acre tract, more fully described and recorded in Film Code No. 101-67-1711 of said Official Public Records; THENCE North 50 deg. 53 min. 43 sec. West along and with the Southwest line of said 3.717 acre tract, same being the Northeast line of said 2.390 acre tract, a distance of 20.25 feet to a point for corner; THENCE North 48 deg. 05 min. 16 sec. East, a distance of 281.25 feet to the PLACE OF BEGINNING, containing 0.124 acre(5414.57 square feet) of land,more or less. (This description is based upon a survey made on the ground under my direct supervision on January 3-17, 2013 and is being submitted along with a survey plat showing the property and facts found as described herein. All bearings are based upon the Texas Coordinate System of 1983, South Central Zone `4204' (U.S. Survey Foot). All distances and acreages are surface with a combined adjustment factor of 1.00007 applied.) i J.4 R tered Professional Lan d S u eyor sa r OF • I L MS. 1R. '40. 4599 +�' ��,'• tas�°.,.moo S U Rr Vicinity Map a Not to Scale It EXHIBIT n A if Page 3 of 3 Exclusive City y s Exclusive Sanitary Sewer Easement *o Sanitary Sewer hl- Easement Ss Walden Road 17. 1 N 0' 50' 100' 200' Scale:1"=100' Curve Table CURVE RADIUS K60.33' GTH CHORD LENGTH CHORD BEARING DELTA ANGLE C1 145.00' 119.19' S26"33'07"E 48°3710" C2 35.00' 50.13' N82°18'59"E 91°29'01" C3 205.00' 168.12' S26°34'08"E 48°25'01" C4 35.00' 53.13' S01°17'35"E 98°45'42" CS 35.00' 37.42' S15°46'35"W 64°3x23" C6 35.00' 20.55' 1 S33°36'16"E 34°08'19' Fnd 1" N87'2r16"E 340.03' Fnd 518" 60.00' I.Rod 280.03' I.Pipe LaBelle Park,LP Called 65.57 Acre Tract PO C.F.No.2005032191 O Sanitary Sewer ! O.P.R.J.C. Easement Asset Alliance Group,Ltd N Je (ice Tract IV wi Called 28 n .825 Acre Tract C.F.No.1 a 999048299 $ p, `rSo, m O.P.R.J.C. lk 90, q pelt' Q' Southwest Plaza 850" d 3� oa Q Section 1,Lot 1,Block 1 40�" +PIGS Q �. Called 3.717 Acres s� 02 Volume 9,Page 133 75 M.R.J.C. 94 G U 1 F r 5340. 5a°��'e 61ry6 B48 6Oy10 ry�6 rte' �O eC E.H.Steinhagen,Jr. Called 2.390 Acre Tract Ati F.C.No.101-67-1711 O.P.R.J.C. Q� Note All Bearings are referenced to the Texas a�^ry5 Coordinate System of 1983(CORS),South p• aL Central Zone'4204'(US Survey Foot). All livy0 ti 166• �p'� distances and acreages are surface with a combined adjustment factor of 1.00007 1\rti 16 4� 1, applied. a 's e SUBMITTING INFORMATION: LaBelle Park,LLC S,a4 5 O• P.O.Box 3111 Beaumont,Texas 77704 Martin Broussard 409.833.1461 NOTIM The findings and opinions of WORTECH Land Surveyors,Inc.reflected herein are privileged,confidential and Intended only for the use of the Individual or entity for whom this work was prepared. It is understood that the use of,reliance on,or reproduction of same,In whole or In part,by others without the express written consent of WORTECH Land Surveyors,Inc is prohlbited and without warranty,express or Implied. WORTECH Land Surveyors,Inc.shall be held harmless against any damages or expenses resulting from such unauthorized use, rdlance or reproduction.Copyright 2013.AN rights reserved. Job No: 2012-M Field Book: 7411013-016 7321002 Plat Showing Dr.By: MWG 0 F Exclusive City Sanitary Sewer Easement Date: 112912013 �.� t!E`^ f OUt Of Rev.No: 0-Final issue l�O Southwest Plaza L I Section 1,Block 1,Lot 1 W�RTECH and a J 99 +Qr`Q Called 65.57 Acre Tract I�.NI3 SURVjsYC?AS, INC. �est; ice N� .."1i•" C.Williams League,Abstract No.59 SUM Jefferson County,Texas Surveyed January 3-17,2013 This dccumemrrorvaWvft Aadginal Field Note Description Attached To This Plat ':.tuclrtPCh,COST) seedargslgnalreofr______.,..__ EXHIBIT "B" STATE OF TEXAS X KNOW ALL MEN BY THESE PRESENTS: COUNTY OF JEFFERSON X SANITARY SEWER EASEMENT THAT, LABELLE PARK, LLC, of the County of Jefferson, State of Texas,hereinafter called "GRANTORS", for and in consideration of the sum of ONE AND NO/100 DOLLAR ($1.00), and other good and valuable consideration to us in hand paid by the CITY OF BEAUMONT, a municipal corporation domiciled in Jefferson County, Texas,hereinafter called "GRANTEE", the receipt and sufficiency of which consideration is hereby acknowledged,have GRANTED, SOLD and CONVEYED, and by these presents do GRANT, SELL and CONVEY unto the CITY OF BEAUMONT, P. O. Box 3827, Beaumont, Texas 77704,Jefferson County, Texas, its successors and assigns, a Sanitary Sewer Easement and the right to construct, alter, and maintain said sanitary sewer line and appurtenances on the hereinafter described lands which said easement is under, over, in and across that certain tract or parcel of land owned by GRANTORS situated in the County of Jefferson, State of Texas, and being more particularly described in Exhibit "A" attached and made a part hereof for all purposes. The easement herein granted shall be used for the purpose of placing, constructing, operating, repairing, rebuilding,replacing, relocating,removing sanitary sewer lines and appurtenances, and the following rights are also hereby conveyed: It is expressly understood and agreed that the City of Beaumont shall have the right of ingress to and egress from the tract of land hereinbefore described and use of the same for the purposes aforesaid, and giving said City the right and privilege to improve, maintain and operate the same as permitted by law. EXHIBIT "C" Grantor agrees not to place any structures or appurtenances within the Easement Property. Grantee shall not be responsible for the repair and replacement of any paving or other structures within the Easement Property. TO HAVE AND TO HOLD the above described easement and right-of-way unto the said CITY OF BEAUMONT, its successors and assigns forever. EXECUTED this day of ,20_ GRANTORS: LABELLE PARK, LLC ACKNOWLEDGMENT STATE OF TEXAS X COUNTY OF JEFFERSON X BEFORE ME, the undersigned authority, on this day personally appeared as of LABELLE PARK, LLC, known to me to be the person and officer whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same as the act of such corporation for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE,this day of , 20 Notary Public, State of Texas RETURN TO:City of Beaumont Antoinette Hardy- Engineering P. O. Box 3827 Beaumont, TX 77704 W� RT E C H 'Recognizing the landmarks of the past...setting our foresight towards the fuWre with Advanced Geospatial Technology' LAND SURVEYORS, INC. Richard L. Worthey, RPLS J.L. Sims,Jr., RPLS Michael D. McGuinness, RPLS, CHS Gregory S. Kays, RPLS EXHIBIT"A" Pagel of 3 January 29, 2013 Surveyor's Field Note Description: 0.714 Acre Exclusive City Sanitary Sewer Easement BEING a 0.714 acre (31110.62 square feet) tract of land (Exclusive City Sanitary Sewer Easement) out of and a part of that certain LaBelle Park, LP called 65.57 acre tract of land, more fully described and recorded in Clerk's File No. 2005032191 of the Official Public Records of Jefferson County, Texas. Said 0.714 acre (31110.62 square feet) tract of land (Exclusive City Sanitary Sewer Easement) being situated in the C. Williams League, Abstract No. 59, Jefferson County,Texas and being more particularly described as follows: BEGINNING at a 5/8 inch iron rod found at the most Easterly corner of said 65.57 acre tract, same being the South corner of that certain Bank of the West, San Angelo, Texas and Louis E. Rork, as Co-Trustees of the Bleakley Children's Trust called 2.546 acre tract of land, more fully described and recorded in Film Code No. 103-21-0006 of said Official Public Records and being in the Northwest right-of-way line of Interstate Highway 10(right-of-way width varies); THENCE South 30 deg. 49 min. 19 sec. West along and with the Southeast line of said 65.57 acre tract, same being the Northwest line of said Interstate Highway 10, a distance of 67.02 feet to an angle point; THENCE South 39 deg. 03 min. 06 sec. West continuing along and with the Southeast line of said 65.57 acre tract, same being the Northwest line of said Interstate Highway 10, a distance of 1450.21 feet to an intersection with the Northeast line of Rexora Drive (60 foot wide right-of- way) and the beginning of a non-tangent curve to the right; THENCE in a Southwesterly direction along and with the Northeast line of said Rexora Drive and said non-tangent curve to the right, having a radius of 35.00 feet, a chord bearing of South 70 deg. 09 min. 16 sec. West, a chord length of 38.72 feet, a delta angle of 67 deg. 09 min. 33 sec. and an arc distance of 41.03 feet to a point for corner; THENCE North 39 deg. 03 min. 06 sec. East, a distance of 1481.93 feet to a point for corner; THENCE North 30 deg. 49 min. 19 sec. East, a distance of 96.56 feet to a point for corner in the East line of said 65.57 acre, same being the West line of said 2.546 acre tract; Corporate Office: 1480 Cornerstone Court Beaumont,Texas 77706 Tel: 409.866.9769 Fax: 409.866.7075 m www.wortech.ca � � f W�RTECH LAND SURVEYORS, INC. EXHIBIT "A" Page 2 of 3 0.714 Acre Exclusive City Sanitary Sewer Easement THENCE South 02 deg. 01 min. 25 sec. East along and with the East line of said 65.57 acre tract, same being the West line of said 2.546 acre tract, a distance of 36.87 feet to the PLACE OF BEGINNING, containing 0.714 acre(31110.62 square feet)of land,more or less. (This description is based upon a survey made on the ground under my direct supervision on January 3-17, 2013 and is being submitted along with a survey plat showing the property and facts found as described herein. All bearings are based upon the Texas Coordinate System of 1983, South Central Zone `4204' (U.S. Survey Foot). All distances and acreages are surface with a combined adjustment factor of 1.00007 applied.) OF R tered Professional Land S eyor r �Tt''�:t J.L. SIMS, JR. 45994 sulk Vicinity a a "All Not to Scale p EXHIBIT A Page 3 of 3 Exclusive City a ti i Exclusive Sanitary Sewer Easement Sanitary Sewer �A Easement ey Walden Road 4,,24,,124 36��e' 0' 150' 300' 600' Scale:1"=300' Curve Table CURVE RADIUS ARC LENGTH CHORD LENGTH CHORD BEARING DELTA ANGLE C1 35.00' 41.03' 38.72' S70°09'16'W 67'09'33' C2 35.00' 14.86' 14.75' N64.06'14'W 24°19128' F C3 145.00' 122.83' 119.19' N26'33'07'W 48°32'10' <q ro "80'21ro211 a 218.00, Ay Line Table LINE BEARING DISTANCE c L1 S30-49-19-W 67.02' L2 N30°49'1 9"E 96.56' �J@ N L3 S02-01'25"E 36.87' lea'yg i 10 Bank of the West,San Angelo,Texas and 1`�t v Louis E.Rork,as Co-Trustees of the G' P1Qy Bleakley Children's Trust v$°8 Called 2.546 Acres aS F.C.103-21.0006 LaBelle Park,LP O.P.R.J.C. Called 65.57 Acre Tract C.F.No.2005032191 © Jefferson County Drainage District No.6 O.P.R.J.C. Tract Two Called 0.3 25 Acre Tract Exclusive City �3 C.F.No.2000010952 Sanitary Sewer Easement Q � O.P.R.J.C. 31110.62 Sq.Ft. 5'°tea Q3 Jefferson County Drainage District No.6 0.714 Acre Tract One Called 5.782 Acre Tract C.F.No.2000010952 O.P.R.J.C. X06 aS� � Je Fnd 1' S87 34007 I6*uV Fnd 5B' .e rtiP� 1.Rod 0* 1. — 260A3'60.00' ?f1p lc A Asset Alliance Gro up,Ltd Trad IV Called 28.825 Atxe Trad t, o,��'6 �� oti C.F.No.1999048299 �i % Note O.P.R.J.C. %��u?jor�o� �'PiL All Bearings are referenced to the Texas 41 9 �j•B�'e E Coordinate System of 1983(CORS),South Central Zone'4204'(US Survey Foot). All es G distances and acreages are surface with a E.H.Steinhagen,Jr. u'3 combined adjustment factor of 1.00007 Called 2.390 Acre Tract applied. F.C.No.101-67-1711 O.P.R.J.C. SUBMITTING INFORMATION: LaBelle Park,LLC P.O.Box 3111 Beaumont,Texas 77704 Martin Broussard 409-833-Ml NOTICE: The findings and opinions of WORTECH Land Surveyors,Inu reflected herein arc prMleged,confidential and Intended only for the use of the individual or entity for whom this work was prepared. It Is understood that the use of,reliance on,or reproduction of same,In whole or In part,by others without the express written consent of WORTECH Land Surveyors,Inc is proNbked and without warranty,express or implied. WORTECH Land Surveyors,Inc.shall be held harmless against any damages or expenses resulting from such unauthorized use, reaance or reproduction.Copyright 2013.AN rights reserved. Job No: 2012-099 Field Book: 741/013-016 7321002 Dr.By: MWG or Plat Showing Date: 1/292013 t t t`�}*. Exclusive City Sanitary Sewer Easement Rev.No: 0-Final Issue 1��` Out Of aw W�RTECH � � LaBelle Park,LP ,,,e Called 65.57 Acre Tract LAND SURVEYORS, I N C. "tss�?Py�� C.Williams League,Abstract No.59 '1p ass Jefferson County,Texas :•,� s r z Suit Surveyed January 3-17,2013 „ 6 ;_ Field Note Description Attached To This Plat >-zx:=i.)g,iigf;"r f!`• This document not valid wshout original .l�arCec:h,c'c€n eW EXHIBIT "Crr c RICH WITH OPPORTUNITY T • E ,• � . A . s Cit Council A enda Item Y g TO: City Council FROM: Kyle Hayes, City Manager Q'0 PREPARED BY: Patrick Donart, Public Works Director MEETING DATE: February 26, 2013 REQUESTED ACTION: Council consider a resolution authorizing the acceptance of a ten foot(10') wide Exclusive Water Line Easement. BACKGROUND Megas Enterprise, Inc. has agreed to convey a ten foot(10') wide exclusive Water Line Easement to the City of Beaumont. The easement is described as being a 2207.7 square foot acre tract out of the C. Williams League, Abstract No. 59. The water line easement is for the retail/commercial development at 5780 Walden Road. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of resolution. RESOLUTION NO. WHEREAS, Megas Enterprise, Inc. has agreed to convey a ten (10) foot wide exclusive water line easement, said easement being a 2207.7 square foot acre tract out of the C. Williams League, Abstract No. 59, as described in Exhibit "A" and shown on Exhibit "B," attached hereto, to the City of Beaumont for the purpose of placing, constructing, operating, repairing, rebuilding, relocating and/or removing water lines and appurtenances to facilitate retail/commercial development at 5780 Walden Road; and, WHEREAS, the City Council has considered the purpose of said conveyance and is of the opinion that the acceptance of said conveyance is necessary and desirable and that same should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT the easement conveyed by Megas Enterprise, Inc., as described in Exhibit "A" and shown on Exhibit "B," be and the same is hereby, in all things, accepted for the stated purposes. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 26th day of February, 2013. - Mayor Becky Ames - STATE OF TEXAS X KNOW ALL MEN BY THESE PRESENTS: COUNTY OF JEFFERSON X WATER LINE EASEMENT THAT, MEGAS ENTERPRISE, INC., of the County of Jefferson, State of Texas hereinafter called "GRANTOR",whether one or more, for and in consideration of the sum of ONE AND NO/100 DOLLAR($1.00), and other good and valuable consideration to us in hand paid by the CITY OF BEAUMONT, a municipal corporation domiciled in Jefferson County, Texas, hereinafter called "GRANTEE",the receipt and sufficiency of which consideration is hereby acknowledged,has GRANTED, SOLD and CONVEYED, and by these presents does GRANT, SELL and CONVEY unto the CITY OF BEAUMONT, P. O. Box 3827, Beaumont, Texas 77704, Jefferson County, Texas, its successors and assigns, a Water Line Easement and the exclusive right to construct, alter, and maintain said waterlines and appurtenances on the hereinafter described lands which said easement is under, over, in and across those certain tracts or parcels of land owned by GRANTOR situated in the County of Jefferson, State of Texas, and being more particularly described in Exhibit "A", attached and made a part hereof for all purposes. The easement herein granted shall be used for the purpose of placing, constructing, operating, repairing, rebuilding,replacing, relocating, and/or removing water lines and appurtenances, and the following rights are also hereby conveyed collectively, the "Easement Rights". It is expressly understood and agreed that the City of Beaumont shall have the right of ingress to and egress from the tracts of land hereinbefore described and use of the same for the EXHIBIT "A" purposes aforesaid, and giving said City the right and privilege to improve, maintain and operate the same as permitted by law. GRANTOR agrees not to place any structures or appurtenances within the Easement Property that will interfere with Grantee's ability to exercise the Easement Rights. Grantee shall not be responsible for the repair and replacement of any paving or other structures within the Easement Property. TO HAVE AND TO HOLD the above described easement and right-of-way unto the said CITY OF BEAUMONT, its successors and assigns forever. EXECUTED this day of , 2013. GRANTOR: MEGAS ENTERPRISES, INC. By: Printed Name: Steve Mesas Title: Vice President ACKNOWLEDGMENT STATE OF TEXAS X COUNTY OF JEFFERSON X BEFORE ME, the undersigned authority, on this day personally appeared STEVE MEGAS as VICE PRESIDENT of MEGAS ENTERPRISES, INC., known to me to be the person and officer whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same as the act of such corporation for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE,this day of , 2013. Notary Public, State of Texas RETURN TO: City of Beaumont Antoinette Hardy-Engineering P. O.Box 3827 Beaumont,TX 77704 FittzilgShipman INC. Consulting Engineers and Land Surveyors Ronald D.Fittz, P.E.,R.P.L.S.(1948-1987) Donald R.King,P.E. Terry G.Shipman, P.E.,Chairman Walter J. Ksiazek, R.P.L.S. Billy J.Smith,Jr.,President EXHIBIT "A",PAGE 1 OF 2 CENTERLINE DESCRIPTION FOR A 10' WIDE EXCLUSIVE WATER LINE EASEMENT OUT OF THE C. WILLIAMS LEAGUE,ABSTRACT 59 JEFFERSON COUNTY,TEXAS FEBRUARY 13,2013 That certain centerline description for a 10' wide exclusive water line easement, 5' on each side of centerline, across of a called 1.152 acre tract conveyed to Megas Enterprises, Inc. as recorded in Clerks File No.2003008818 of the Official Public Records of Jefferson County, Texas, said centerline description being more particularly described by the following courses and distances: Note: Basis of Bearings is the west line of the said 1.152 acre tract having been called South 00°36'00"West 502.07 feet. COMMENCING at a 4" iron pipe found in the south line of a called 13.987 acre tract conveyed to M. J. Wright as recorded in Film Code 102-86-1444 of the Real Property Records of Jefferson County, Texas for the northeast corner of a called 2.074 acre tract conveyed to Shree Gayatri, Inc. as recorded in Clerks File No. 2001015332 of the Official Public Records of Jefferson County, Texas and the northwest corner of the said 1.152 acre tract; THENCE South 00°36'00"West along the east line of the said 2.074 acre tract and the west line of the 1.152 acre tract, at a distance of 442.46 feet pass a capped iron rod found for reference, and continuing a total distance of 472.07 feet to a point in the north line of a 30'wide drainage easement granted to Jefferson County Drainage District No. 6 as recorded in Volume 894, Page 375 of the Deed Records of Jefferson County, Texas; THENCE South 89°14'03" East along the said north line of the 30'wide drainage easement a distance of 85.74 feet to a point for the POINT OF BEGINNING of the said centerline of a 10'wide exclusive water line easement; THENCE North 00 038'38" East along the said centerline a distance of 220.77 feet to a point for the POINT OF TERMINATION of the said 10'wide exclusive water line easement. This d scription is ba d on a survey made by Fittz & Shipman, Inc. on February 4, 2013. Walter J. Ksiazek ,�q.� • �'t Registered Professional Land Surveyor No. 5321 co;• GI's T� : «......................... Fittz&Shipman,Inc. WALTER J.KSIA7-EK , .y...................., Page 1 of 1 V0 5321 Project No. 12003.0026 s,O.A' *- �. Plat& Description t,�N� -- ..• • o r yf` ,, 1405 Cornerstone Court- Beaumont,Texas 77706• 832-7238 - fax (409) 832-7303 Tx Board of Prof Engineers Firm No. 1160•Tx Board of Prof Land Surveyors Firm No. 100186 EXHIBIT "A", PAGE 2 OF 2 PORT ARTHUR FRESH kq� NOW OR FORMERLY R M. J. WRIGHT qHq� FILM CODE 102-86-1444, R.P.R.J.C. (CALLED 13.987 ACRES) (CALLED S 89"22'31"E 100.00) S 8913'59" E 99.96 COMMENCING POINT FOUND 4" 10 IRON PIPE WMDir VICINITY MAP NTS NOW OR FORMERLY NOW OR FORMERLY SHREE GAYATRI, INC. MEGAS ENTERPRISES, INC. MEGAS ENTERPRISES, INC. CLERKS FILE NO. 2001015332, CLERKS FILE NO. 2003008818, CLERKS FILE NO. 9601598, O.P.R.J.C. O.P.R.J.C. O.P.R.J.C. (CALLED 5.1151 ACRES) (CALLED 2.074 ACRES) (CALLED 1.152 ACRES) n^ O° .N POINT OF o TERMINATION to 3 N^o CENTERLINE 10' EXCLUSIVE w IuA,v' Z In WATER LINE o 8 a b EASEMENT r1i m°3 —1 0� 008 �. r 1 Oa u 0 25 g 0 to 04 °o a ° CENTERLINE I I S C A L E �N q 10' EXCLUSIVE I I WATER LINE I I �* EASEMENT I I I I I I SURVEYOR'S CERTIFICATION: I DO HEREBY CERTIFY, TO THE BEST OF MY KNOWLEDGE AND BELIEF, THAT THIS IS AN ACCURATE PLAT OF A SURVEY&O( I SUPERVISION EONR EBRUARYDE 2013 E GRGROUND UNDER MY Will WALTER J. KSIAZEK M I I REGISTERED PROFESSIONAL XD SURVEYC NO. 5321 °o I I D . z I I C�. T . =yiS7t POINT OF I I BEGINNING I I « wQ KFOUND CENTERLINE • . J. r:ac.s ' 1 CAPPED 10' EXCLUS ) '•"""+"•'•(�' IRON ROD WATER LINE I I ��'%• . EASEMENT I I %,I' ----- _S_89'114'03" E 85.74 .<_..., 30 NAOE�ASEM�T— —————————— JEFFERSON COUNTY DRAINAGE DISTRICT NO. 6 O VOL. 894, PG. 375, D.R.J.C. & W3 JOINT USE AGREEMENT CLERKS FILE NO. 1999013879, O.P.R.J.C. 5780 WALDEN ROAD 0:\PROJECTS\12084— Park m Walden\Survey\Task 7\12084T7WtrEsmt.DWG Feb 14, 2013 09:05am 10' SHEET NO.WIDE EXCLUSIVE WATER LINE EASEMENT Fi#tzShipman 1 INC. PROJECT NAME: MEGAS ENTERPRISE, INC. 5Zaft&p—aWL=dS-vcy- 5780 WALDEN ROAD 1405 CORNERSTONE COURT, BEAUMONT,TEXAS BEAUMONT, TEXAS PROJECT NO. (409)832-7238 FAX (409)832-7303 DATE'2-13-13 12084TASK7 EXHIBIT "B" D RICH WITH OPPORTUNITY [IEAUMON* T • E • x • A • s City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Anne Huff, Fire Chief MEETING DATE: February 26, 2013 REQUESTED ACTION: Council consider a resolution approving the City Manager to execute all documents necessary for an agreement between the Southeast Texas Regional Advisory Council (SETRAC) and Beaumont Fire-Rescue Services. BACKGROUND The Department of State Health Services has announced that beginning January 1, 2013, agencies wishing to deploy to disasters and receive reimbursement for disaster response must have a resource memorandum of agreement with the area Emergency Medical Task Force (EMTF) Lead Regional Advisory Council (RAC). The agreement would be with the Southeast Texas Regional Advisory Council (SETRAC). Only those jurisdictions that have signed agreements in place with SETRAC will be eligible for reimbursement. Throughout the year, SETRAC will provide training to assist each agency with timely completion and prompt payment of claims. Mission tasking will be based on the capability of Beaumont Fire-Rescue and may be accepted or declined at the time of the request. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of resolution. Gulf East Texas Gulf Coast Regional Trauma Advisory Council `o '+d�a Aa'1�'•� CPS/Hospital Preparedness Grant Letter of Agreement EMS Organization: Beaumont Fire/Rescue Services Street: 400 Walnut City&Zip: Beaumont, Texas 77701 Phone: 409-880-3916 Representative: Jimmy Blanchard Alternate Contact: 409-284-5058 Our facility/agency agrees to: • Be a participating member of the East Texas Gulf Coast Regional Trauma Advisory Council(RAC-R) • Utilize Communications tools to communicate with Regional Health Care and Governmental Partners in both planning and disaster response including EMResource and EMTrack. • Agree to comply with NIMS compliance initiative • Agrees to maintain an inventory system for equipment or supplies purchased with HPP funds. • Agrees to scheduled on-site inventory by RAC-R or DSHS regarding equipment received from RAC-R which was purchased with HPP funds. • Agrees to attend and participate in assigned committee meetings in addition to East Texas Gulf Coast Regional Trauma Advisory Council General Assembly meetings. • Agrees to complete and submit requested preparedness status reports to the East Texas Gulf Coast Regional Trauma Advisory Council representative within announced deadlines. Participate in all actual emergency response activities in the region. • Notify the East Texas Gulf Coast Regional Trauma Advisory Council of major occurrences that impact daily operations of business and could potentially impact regional partners. • Dispose of equipment as approved by RAC-R and DSHS. The East Texas Gulf Coast Regional Trauma Advisory Council agrees to the following: • The finance committee will develop, monitor and modify the OASPR spending priorities and budget, planning efforts, and preparedness efforts in accordance with OASPR Hospital Preparedness Program guidelines and allocate regional funds based on Regional Hazardous Vulnerability Assessment. • Will coordinate response activities with jurisdictional partners, Multi Agency Coordination Center, and DSHS. Includes: Situational awareness, evacuation, repatriation activities and training. Contract period for the OASPR YR 10 (FY12) funds will be the same as the Department of State Health Services (DSHS) contract period between East Texas Gulf Coast Regional Trauma Advisory Council and DSHS. Contract period: July 1, 2011 to June 30 2012. Administrator/Designee: Date: RAC-R Chairman: Date: PO Box 2878 Angleton, Tx 77516-2878 201 E. Mulberry Angleton, TX 77515 Phone: 979-888-8005 Fax: 979-888-8006 ti�exss A�u1zca RAC-R FY13 7° MEMBERSHIP APPLICATION AND REGISTRATION FORM I ORGANIZATION INFORMATION ---------------------------- Name of organization Beaumont Fire/Rescue Services 1 Name of CEO or Chief .AnnCuff Physical address 400 Walnut Beaumont Texas 77701 Mailing address PO Box 3827 Beaumont,Texas 77704 Office# 409-880-3916 Fax#409-880-3934 Employer ID Number(EIN)Click here to enter text. (Example:74-1234567) ------------------------___-- i— — -- ------ REPRESENTATIVE TO THE RAC Name Jimmy Blanchard Title/Position Driver/Operator E-mail jblancharc1#ci.1beaumont.tx.us Mobile#409-284-5058 —_--� ------ -- --ALTERNATE REPRESENTATIVE TO THE RAC I Name Brian Hebert Title/Position District Chief ---- E-mail bhebert21064gmail.com — — - — Mobile#409-781-7907 -- -------- ------------- EMERGENCY CONTACT FOR ORGANIZATION Name Any on Duty Deputy Chief —_ - Title/Position Shift Commander/Deputy Chief E-mail Varies --------- --------- - Office 409-880-3928 -- Mobile Varies Fax 409-880-3934 _SIGNATURE -- _ --- -- Chick here to enter text. Click here to enter text. Name of person authorized to commit the organization to membership in the RAC Title_____ Click here to enter a date. I Signature -- - -- — —� Date i Membership confirmed by: --- Date: --- — PARTICIPATING AGENCY AGREEMENT msLvffn , This Participating Agency Agreement(the"Agreement")is entered into effective as of , 20____, ("Effective Date")by and between the following (each a "Party" and, collectively, "Parties"): "Beaumont Fire/Rescue Services" - Address— PO Box 3827 City state zip—Beaumont Texas 77704 County -Jefferson "RAC-R" -East Texas Gulf Coast Regional Trauma Advisory Council PO Box 2878 Angleton, TX 77516-2878 BACKGROUND As part of the U.S. Health and Human Services, The Office of the Assistant Secretary for Preparedness and Response ("ASPR"), Hospital/Healthcare Preparedness Program ("HPP"), the East Texas Gulf Coast Regional Trauma Advisory Council ("RAC-R") is the Performing Agency under that certain agreement with the Texas Department of State Health Services("DSHS")/Community Preparedness Section, effective July 1, 2012. RAC-R, as the Contractor(as that term is defined in that certain agreement with DSHS), has been awarded funds for the HospitaUHealthcare Preparedness Program on behalf of RAC-R, as designed by the DSHS Office of EMS/Trauma Systems Coordination. Currently, LOCATION includes the following counties in the state of Texas: Brazoria, Chambers, Galveston, Hardin, Jasper, Jefferson, Liberty,Newton and Orange Counties. RAC-R, in accordance with DSHS contractual requirements, shall be responsible for all planning, implementation, and fiduciary activities, including, but not limited to the implementation of critical benchmarks, planning, and coordination with regional response partners, execution of the expenditure of HPP funding, distribution of HPP equipment and supplies within RAC-R and staff support for the region's planning and decision-making processes. RAC-R will work with applicable planning partners including the committees of the RAC-R general membership, and others as needed to fulfill HPP. Participating Agency is located within RAC-R and is eligible to participate in the ASPR HPP. PARTICIPATING AGENCY AGREEMENT Page 2 A. Term and Termination. 1. The Term of this Agreement will commence on the Effective Date and continue in full force and effect until June 30, 2013, unless sooner terminated as provided-herein. 2. Either Party may terminate this Agreement, with or without cause, upon providing 30 days' prior written notice to the other Party of the intended date of termination. i. Should the terminating Participating Agency elect to fully disassociate from the HPP program, then all equipment and supplies received as part of the HPP program must be returned at the Participating Agency expense to RAC-R or to an agency/location within RAC-R as designated by RAC-R. ii. The terminating Participating Agency may retain preparedness equipment and supplies received as part of the HPP, with conditions as follow below. In order to do so, the terminating Participating Agency must agree to: a. Certify in writing that the Agency will continue to fulfill an active role in the local or regional emergency management system or response plan. b. Receive equipment by signing property transfer documents. C. Maintain this equipment in an operationally ready state at the expense of the Agency. No additional funding may be received from the E PP to facilitate this readiness step. d. Maintain appropriate insurance or other means of asset replacement. iii. Promptly provide on a quarterly basis, or as otherwise requested, any and all information concerning Participating Agency's expenditures of allocated funds in order for the region to meet the critical benchmarks and be funded as specified in the Work Plan. 3. Terminated Agencies which elected to retain preparedness equipment and supplies as defined above which cease operations, experience business closure, bankruptcy proceedings, or otherwise cannot meet the provisions of that paragraph, will promptly notify RAC-R. All equipment and supplies retained by that agency, as designated on property transfer documents, and which are determined by RAC-R as retaining value to PARTICIPATING AGENCY AGREEMENT Page 3 HPP, must be returned at that participating agency's expense to RAC-R or an agency/location within RAC-R as designated by RAC-R 4. Participating Agencies which cease operations, including business closure and/or bankruptcy proceedings, shall notify RAC-R and arrange for the transfer or return of all funds, equipment, and supplies associated with the HPP. Such transfer of equipment shall be accompanied by a final inventory and transfer documentation. 5. Participating Agencies which experience a change in ownership or similar circumstances, which invalidates the previous commitment to the HPP as agreed herein, shall notify RAC-R of this change in status. Participating Agencies may continue to participate in the program by submission of this agreement and the associated documents under new signature to RAC-R. B. Obligations of RAC-R RAC-R, as applicable, agrees to: 1. Administer the Work Plan to ensure that all funds are allocated and all approved equipment and supplies are purchased and inventoried for ASPR utilizing the GC-11 Form. 2. To the extent that RAC-R determines it is reasonably able to purchase directly or to facilitate the bulk purchase of equipment and supplies, RAC- R shall do so. Otherwise, RAC-R shall endeavor to facilitate purchasing of equipment and supplies through a combination of bulk, cooperative, or group purchasing efforts. 3. Monitor implementation of the HPP in RAC-R Participating Agencies in accordance with DSHS contract requirements. 4. Make Participating Agencies aware of any unused funds and reallocate such funds, if any,to Participating Agencies to mdet additional equipment, supply or training needs. RAC-R may review all requests for additional funds by Participating Agencies, determine the appropriate distribution of the unused funds, and reallocate such funds until all funds are exhausted. 5. Comply with all applicable federal and state laws, rules, regulations, standards and guidelines associated with the Hospital/Healthcare Preparedness Program grant, including, but not limited to, DSHS Contractors Financial Procedure Manual and General and Special Provisions. 6. RAC-R as contractor shall comply with, and shall require its Participating Agencies to comply with, the requirements of DSHS rules of general PARTICIPATING AGENCY AGREEMENT Page 4 applicability and other applicable state and federal statutes, regulations and rules as such statues, regulations and rules currently exist and as they may be lawfully amended. DSHS rules are located in the Texas Administrative Code, Title 25 (Rules). To the extent this (HPP) Contract imposes a higher standard, or additional requirements beyond those required by applicable statutes, regulations or the Rules, the terms of this (HPP) Contract shall control. Access to appropriate sections of the HPP contract, references, statutes, regulations, rules, and program guidance documents is found on the DSHS website. C. Participating�Agency's Obligations. Participating Agency agrees to: 1. Utilize regionally prescribed crisis management information systems (i.e., EMSystems and WebEOC) in order to affect uniform situational awareness as well as common command, control, communications and information access prior to, during and after an emergency and/or disaster. 2. Attend and participate in committee meetings and general assembly meetings. 3. Participate in exercises, per contract year, as specified in that respective year's RAC-R contract with DSHS. Exercise participation requirements may be waived following submission of appropriate documentation, including after action reports and corrective action plans, which reflect participation in actual emergencies or disasters. 4. Participate in monthly and/or quarterly exercising of redundant communications equipment and systems. 5. Promptly provide on a quarterly basis any and all information concerning Participating Agency's expenditures of allocated funds in order for the region to meet the critical benchmarks and be funded as specified in the Work Plan. 6. Maintain a minimum level of preparedness of personal protective equipment (PPE) and decontamination capability as outlined in the most current OSHA Best Practices for Agency-Based First Receivers of Victims from Mass Casualty Incidents Involving the Release of Hazardous Substances or approved regional plan. 7. As a condition of receiving purchased equipment, supplies or training, or being reimbursed for purchases made, participate fully in any and all actual disaster/emergency response for RAC-R, when able to do so, as outlined in applicable response plans. PARTICIPATING AGENCY AGREEMENT Page 5 8. Abide by contract policies, including procurement policies, established by RAC-R, HPP Grant Guidance, and DSHS. 9. In the event RAC-R has purchased or arranged for the purchase of equipment or supplies needed by Participating Agency under this Agreement, Participating Agency shall request an allocation of such equipment or supplies prior to separately purchasing such equipment or supplies. 10. Purchase, after pre-approval, and request reimbursement solely for RAC-R approved equipment and supplies. 11. Make (a) all equipment and supplies (except those supplies already consumed)received or reimbursed in accordance with the Purchasing Plan available to RAC-R upon request; (b) an annual inventory of such equipment and supplies utilizing the GC-11 Form; and(c) any other books and records of Participating Agency relating to the receipt or purchase of such equipment and supplies available for inspection and audit by RAC-R, DSHS, or ASPR personnel, as applicable, to ascertain Participating Agency's compliance with the ASPR HPP requirements. 12. Schedule on-site quality assurances reviews by RAC-R and/or DSHS. 13. Comply with all applicable federal and state laws, rules, regulations, standards, and guidelines governing the ASPR HPP Participating Agencies' operations. 14. Subcontractors to the RAC-R HPP Contract, shall comply with the requirements of DSHS' rules of general applicability and other applicable state and federal statutes, regulations and rules as such statutes, regulations and rules that currently exist and as they may be lawfully amended. The DSHS rules are located in the Texas Administrative Code, Title 25 (Rules). To this extent this (HPP) Contract shall control. Access to appropriate sections of the HPP contract, references, statutes, regulations, rules, and program guidance documents is found on the DSHS website. D. Reimbursement of Expenditures. 1. Funding shall be allocated solely on a reimbursement basis for pre- approved expenditures that have actually been made by Participating Agency. No funding shall be allocated or paid until Participating Agency has complied with all requirements of the Work Plan. 2. Participating Agency shall submit copies of purchase orders and/or paid invoices or cancelled checks as proof of purchase and proof of delivery for each item of equipment or supplies purchased and received as soon as PARTICIPATING AGENCY AGREEMENT Page 6 practicable, but no later than the date listed in the guidance posted by RAC-R. Participating Agency understands and agrees that additional proof of purchase and delivery including, without limitation, receipts or paid purchase orders may be required. 3. Upon receipt of proof of purchase, payment and delivery of equipment and supplies from Participating Agency, RAC-R will reimburse Participating Agency for pre-approved expenditures, as allowable within the grant guidance. 4. RAC-R will reimburse Participating Agency within 10 calendar days after DSHS provides funding and approval of expenditures during the Term of this Agreement. Final reimbursements should be made no later than the expiration or other termination of this Agreement; however, reimbursement shall be prior to the end of the grant"close-out" period. E. Miscellaneous. 1. The parties hereby warrant and represent that the parry is not currently excluded, debarred, suspended or otherwise ineligible to participate in any federal or state health care programs or procurement or non-procurement programs nor is it in imminent danger of such exclusion, debarment, suspension, or other ineligibility. The parties agree that the foregoing representation and warranty shall remain true and correct throughout the duration of this Agreement. 2. Any notice required or desired to be given under this Agreement will be deemed given upon the earlier of(a) actual delivery, if by hand delivery or courier, or electronic confirmation of delivery, if by facsimile, to the intended recipient or its agent; or (b) the third business day following deposit in the U.S. Mail, postage prepaid, certified or registered mail, return receipt requested to the respective addresses set out above, or to such other address as a Party shall specify in the manner required by this Section E.2. 3. This Agreement contains the entire agreement of the Parties and supersedes any and all prior agreements, contracts and understandings, whether written or otherwise, between the Parties relating to the subject matter herein. 4. Participating Agency may not assign any of its rights or obligations under this Agreement without the prior written consent of RAC-R. 5. Participating Agency may not transfer property or equipment received through HPP funding to another agency without the pre-approval of RAC- PARTICIPATING AGENCY AGREEMENT Page 7 R. All equipment and supplies purchased must remain in the geographic boundaries of RAC-R. 6. This Agreement shall be governed by the laws of the State of Texas. 7. Participating Agency will defend and indemnify the RAC-R, its directors, employees, agents and representatives (the "RAC-R Indemnitees") and hold the RAC-R indemnitees harmless against any damage, claims, suits actions, liabilities, loss penalties, costs and expenses, including, without limitation, reasonable attorneys' fees arising out of i. A breach of any of the representatives, warranties or obligations of this agreement by the Participating Agency; or ii. The negligent acts or omissions of dishonesty of the Participating Agency or any of its employees, agents, or representatives in their performance of the Participating Agency's obligations under this Agreement or the Hospital/Healthcare Preparedness Program. 8. RAC-R will defend and indemnify Participating Agency, its directors, officers, employees, agents and representatives (the "Participating Agency Indemnitees") and hold the Participating Agency Indemnitees harmless against any damages, claims, suits, actions, liabilities, loss, penalties, costs and expenses including, without limitation reasonable attorneys' fees, arising out of RAC-R dishonesty or negligent acts or omissions related to the Hospital/Healthcare Preparedness Program" or otherwise under this Agreement notwithstanding the foregoing, the indemnifications contained in this section shall not apply if the indemnified party is found by a trier of fact to be negligent or otherwise at fault. [Signature page follows] PARTICIPATING AGENCY AGREEMENT Page 8 IN WITNESS WHEREOF, Participating Agency and RAC-R have duly executed this Agreement effective as of the Effective Date. PARTICIPATING AGENCY Signature (administrator authorized to commit the agency to this agreement) Printed Name: Title: Date: E-mail: Phone: Title: Designated Emergency Preparedness contact(required) Printed Name: E-mail: Phone: RAC-R East Texas Gulf Coast Regional Trauma Advisory Council By: (Signature) Dianna Grimm-Mapp Chair Date: Affidavit Acknowledging Utilization of RAC Regional Protocols Regarding Patient Destination and Transport Provider: Beaumont Fire/Rescue Services License#: 800511 This Affidavit Submitted for FY 2013 County of Licensure: Jefferson Level of Service: FRO Counties of Operation: Jefferson To be eligible for funding from the EMS/Trauma Care System Account, an EMS provider must, as specified in EMS rule § 157.130 (e)(1)(B)(iii), "demonstrate utilization of the Regional Advisory Council (RAC) regional protocols regarding patient destination and transport in all TSAs in which they operate". As the Administrator and Medical Director for Beaumont Fine/Rescue Services (Licensed Provider Name) we acknowledge this provider's utilization of the pre-hospital triage and bypass protocols as approved by the Bureau of Emergency Management of the Texas Department of Health and adopted by the RAC for Trauma Service Area(TSA)R (Note a separate affidavit is required for each TSA in which you operate) We understand that incorporation of the RAC pre-hospital triage and bypass protocols into our EMS provider's medical protocols and/or standard operating procedures and utilization of these protocols by field medical personnel are required actions to meet the terms of utilization. Furthermore, we understand that this signed document may be subject to future evaluation for compliance with the requirements of§ 157.130. Administrator(Printed Name) Medicd Director(Printed Name) Administrator(signature) Medicd Dhvdor(SIVwAore) Date Date Please Note: The address of the RAC Office is: East Texas Gulf Coast Regional Trauma. Advisory Council,PO Box 2878,Angleton,TX 77516-2878. 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 enter into a Resource Memorandum of Agreement between City of Beaumont Fire-Rescue Services and Southeast Texas Regional Advisory Council (SETRAC)for the utilization and coordination of emergency fire rescue services and assets in the event of an emergency or disaster. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 26th day of February, 2013. - Mayor Becky Ames - E RICH WITH OPPORTUNITY B UnN* EAURU T • $ • X • A • S City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Laura Clark, Chief Financial Officer/ MEETING DATE: February 26, 2013 REQUESTED ACTION: Council consider a resolution accepting a payment of $1,000 to settle weed and litter liens associated with property located at 1885 Verone Street. BACKGROUND The property located at 1885 Verone Street is owned by Barbara Hough. There are eleven weed and litter liens totaling$3,898.57 which represent $1,255 in principal, $2,643.57 in interest and fees dated between 1981 and 1990. The property is currently on the tax roll at a value of$1,070. On September 26, 2012, the Port of Beaumont approved the purchase of the property but has not moved forward with the purchase due to the City of Beaumont's lien. Although Ms. Hough requested the full amount be waived, she is agreeable to paying principle in the amount of $1,000. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of resolution. l 33atbwia Y. NougA 5695 eaMevine,Cane•Nowtaa,9X 77708 .409-893-7372&•409-899-9567 Nome Regarding property: 1885 Verone Street Beaumont, TX 77701 December 18, 2012 Lara Clark Chief Financial Officer City of Beaumont P.O. Box 3827 Beaumont, TX 77704 Ms. Clark, We have owned the property located at 1885 Verone Street for 50 years. I personally have been faithfully paying the property taxes and grass cutting for 21 years since my husband passed away in 1991. At that time I paid off all grass cutting on all of our properties in the amount of approximately $1,200. I recently attempted to sell the property to Mr. Carpenter at the Port of Beaumont for$1,500 and was informed that it has a$3,600 lien. In 21 years I have never received an invoice, phone call or letter regarding a lien. I was told by Joe Deshotel's office that my husband was informed of the lien. But, my husband died suddenly at a very young age. You were able to locate me for grass cutting,but zero communication regarding a lien. I have thrown away money for 21 years on grass cutting and taxes. The property is not worth $3,600. And, it is worth nothing to no one but the Port of Beaumont because you can't build on the property. But, they will not pay$3,600 for it. This news is devastating to me. I strongly feel that the City of Beaumont owns some responsibility in this matter for not contacting me. If you wanted the $3,600 you would have notified me. I am asking for leniency. I am a retired widow. I can no longer take care of this property. I respectfully request that the lien be forgiven for a 21 year oversight on your part, 21 years of taxes and grass cutting on my part, and because the Port of Beaumont taking over the proper will benefit the city. If you have a different proposal please call or write me directly. Sincere regards, Mrs. Barbara J. Hough F b S. 2013 9:49AM micoi p.m. No. 440512 P. 2 7. - k. S ell Nk V Septernbe"ir 2012 Mr. Joe Defttail,,, l r S\" e 410 Suke�C!/�+,,'b-h,D. D h Law Office of Jp T 00% D. D h 275 N. i all st, Beaumont, TX 77707 '011 Re: Property Purchase fora too ,�n Dear Mr. Deshotel, The Board of Commissioners of the Port of Beaumont approved the purchase of property at Me following address: Barbara Hough $1,510.00 (409)338-9806' Property Address. 885 Verona 3 Legal Description: PL A2 T 41 out of T 8—D Brown The Port of Beaumont has agreed to pay a#dming cost associated with this transaction (except for any back taxes-owed on the property). I have enclosed a copy of the kftr we sent to the owner,which was signed and returned, agreeing to the sale.of the property. Please proceed with,the necessary steps to complete this transaction. If you have any questions, p"e give me a call. Sincerely, Bill Carpente Deputy Port Director BC/bp c: Barbara Hough File: 2100/#391 P.O.Draw 2297 • Beaumont,Tastes U.S.A,77704 • 409MMW7 FAX 4d90mol 2 www.pwialbmRffwnLcom RESOLUTION NO. WHEREAS, eleven weed and litter liens dated between 1981 and 1990, in the amount of $3,898.57, represented by $1,255.00 in principal, $2,625.57 in interest and $18.00 in fees, exist against property described as 1885 Verone Street, Plat A2, Tract 41 out of Tract 8 of D. Brown Survey; and, WHEREAS, Barbara Hough is attempting to sell the property described as 1885 Verone Street, Plat A2, Tract 41 out of Tract 8 of D. Brown Survey and the net balance of the pending sale will be greatly diminished by said liens; and, WHEREAS, the City recommends approving payment in the amount of$1,000.00 for weed and litter liens on property described as 1885 Verone Street, Plat A2, Tract 41 out of Tract 8 of D. Brown Survey and waiving interest in the amount of $2,625.57, waiving fees in the amount of$18.00 and reducing the principal by the amount of$255.00; 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 lien payoff for 1885 Verone Street, Plat A2, Tract 41 out of Tract 8 of D. Brown Survey be and it is hereby approved in the amount of$1000.00 and interest be and it is hereby waived in the amount of $2,625.57, fees be and are hereby waived in the amount of$18.00 and principal be and it is hereby reduced bythe amount of$255.00; and, BE IT FURTHER RESOLVED THAT the City Manager is hereby authorized to execute all documents necessary to evidence the release of the weed and litter liens in the amount of$3,898.57 for the above described property. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 26th day of February, 2013. - Mayor Becky Ames - RICH WITS OPPORTUNITT BEAUMU4"hK* REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS FEBRUARY 26,2013 1:30 P.M. AGENDA CALL TO ORDER * Invocation Pledge Roll Call * Presentations and Recognition * Public Comment: Persons may speak on scheduled agenda items 4-6/Consent Agenda * Consent Agenda GENERAL BUSINESS 1. Consider an ordinance renaming that portion of University Drive,between E. Cardinal Drive and E. Lavaca Street,to Jimmy Simmons Boulevard 2. Consider an ordinance approving a specific use permit to allow the sale, storage, installation and servicing of generators in a GC-MD (General Commercial- Multiple Family Dwelling)District at 1412 Ashley 3. Consider amending Section 28.03.023(e) of the Zoning Ordinance, Permitted Use Table, to allow tutoring in an RM-H (Residential Multiple Family Dwelling- Highest Density) District with a specific use permit 4. Consider a resolution authorizing the City Manager to apply to the Texas Department of Housing and Community Affairs for Emergency Solutions Grant funds 5. Consider a resolution approving a change order to the contract with Bruce's General Construction, Inc. related to the Surface Restoration Due To Utility Cuts Rehabilitation Project, approving the final payment and accepting the Project 6. Consider an ordinance authorizing the participation of the City of Beaumont with other Entergy Texas service area cities in matters concerning Entergy at the Public Utility Commission of Texas and the Federal Energy Regulatory Commission in 2013 PUBLIC HEARING * Dangerous Structures 7. Consider an ordinance declaring certain structures to be dangerous structures and ordering their removal within 10 days or authorizing the property owner to enroll the dangerous structure in a work 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. PUBLIC HEARING: Unsafe Substandard Structures Consider approval of an ordinance declaring certain structures to be unsafe substandard structures and ordering their removal within 10 days or authorizing the property owner to enroll the unsafe structure in a work program. 1. 3540S. 11 TH(Commercial) 26. 1450 Interstate 10 E (Commercial) 2. 3550S. 11 TH(Commercial) 27. 5410 Landry&Storage Building 3. 2245 Angelina 28. 432 E. La Salle 4. 2331 Angelina 29. 1078 Lee 5. 3120 Bolivar 30. 2298 Linson 6. 2151 Broadway 31. 2580 Linson 7. 1120 W. Cardinal (Commercial) 32. 4105 Lou (Auxiliary Buildings) 8. 1902 Cartwright 33. 1323 Magnolia(Commercial) 9. 125 E. Church 34. 3233 Magnolia&Storage Building 10. 4775 Cleveland 35. 2408 Neches 11. 2004 College (Commercial) 36. 608 Palm 12. 3530 Concord (Commercial) 37. 4190 Pine 13. 2830 Driftwood 38. 675 Pollard 14. 390 Elizabeth (Commercial) 39. 2147 Pope 15. 1248 Fulton 40. 2345 Poplar 16. 1275 Fulton &Garage/Storage Building 41. 2135 Potts 17. 4220 Garden &Garage 42. 2375 Potts(Storage Building) 18. 310 E. Gill &Auxiliary Buildings 43. 2290 Roberts 19. 4680 Harding&Carport/Storage 44. 3870 St. Helena (Garage) 20. 2575 Harriot 45. 1919 Sabine Pass&Shed 21. 2305 Harrison 46. 4379 Sullivan &Storage Building 22. 8215 Helbig 47. 2075 Tulane&Garage 23. 4020 Highland 48. 2355 Tulane 24. 5670 Indian Trl 49. 2895 Waco 25. 4205 Inez 50. 3661 Waverly&Storage Building I 1 February 26,2013 Consider an ordinance renaming that portion of University Drive, between E. Cardinal Drive and E. Lavaca Street,to Jimmy Simmons Boulevard i RICH WITH OPPORTUNITY BEA,UM0N1)( T • E X • A • S City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager 6)13 PREPARED BY: Chris Boone, Community Development Director MEETING DATE: February 26, 2013 REQUESTED ACTION: Council consider an ordinance renaming that portion of University Drive,between E. Cardinal Drive and E. Lavaca Street, to Jimmy Simmons Boulevard. BACKGROUND The City of Beaumont has made a request to rename that portion of University Drive,between E. Cardinal Drive and E. Lavaca Street, to Jimmy Simmons Boulevard. The purpose of this renaming is to honor the accomplishments of Dr. Simmons during his tenure as president of Lamar University. Dr. Jimmy Simmons, after serving over thirteen years as Lamar University president,will resign his position. During Dr. Simmons presidency, Lamar has seen tremendous growth. From the 1999 spring semester when he was first selected as president to the fall semester of 2012, the school has seen an increase in student enrollment from 7,810 to 14,675. During his tenure as president, Simmons implemented a master plan to enhance the campus through landscaping and buildings,most notably the five Cardinal Village residence halls, the new dining hall and the Sheila Umphrey Recreational Sports Center. Renovations and expansions of several major academic buildings have been completed, are under way or are in planning. Lamar has also enhanced its athletic facilities with shining examples being the Provost Umphrey Stadium and the Dauphin Athletic Complex. Vincent-Beck Stadium and McDonald Gym have also seen major upgrades and the LU Soccer Complex opened in 2009. Under Simmons, Lamar University began the public phase of its first comprehensive campaign to raise money for endowments for four named academic departments, gifts to support revival of the Cardinal's football tradition, establishment of a major student fellowship program and scholarship and faculty enhancement funds. While Simmons has been president, Lamar has made significant strides in academics, with the addition of new master's and doctoral programs. Recognizing that online programs are vital to the university's future, Simmons has continually sought growth in that area. Today, more than thirty percent of Lamar's credit hours are generated through online courses. The school is the first in Texas to have an entirely online doctoral program. By working closely with area chambers of commerce, local government and business and industry leaders, Simmons helped make Lamar a much stronger catalyst for economic growth in the region. Simmons is also a leader in community service,having garnered dozens of awards and accolades. Dr. Simmons is known as an administrator with a strong sense of direction and a keen ability to attract and cultivate talented faculty. His innovative approaches to the pursuit of academic excellence and his winning rapport with students, faculty, staff and the community are defining qualities. After spending some time with family, Simmons plans to return to the faculty of the Mary Morgan Moore Department of Music. At a Joint Public Hearing held February 18, 2013,the Planning Commission recommended approval 6:0 of the street name change. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of ordinance. ORDINANCE NO. ENTITLED AN ORDINANCE RENAMING A PORTION OF UNIVERSITY DRIVE, BETWEEN E. CARDINAL DRIVE AND E. LAVACA STREET TO "JIMMY SIMMONS BOULEVARD"; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR REPEAL. WHEREAS, a request has been made to the City Council to rename a portion of University Drive, between E. Cardinal Drive and E. Lavaca Street in honor of Dr. Jimmy Simmons; and, WHEREAS, this request is in compliance with the street renaming policy of the City of Beaumont in that the name change will honor a person who has made specific contributions to the cultural, social, religious and political heritage of the City of Beaumont. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT a portion of University Drive, between E. Cardinal Drive and E. Lavaca Street, being that portion of University Drive, beginning at the south right-of-way line of E. Lavaca Street and running in a southerly direction for a distance of approximately 5,243 linear feet to the north right-of-way line of E. Cardinal Drive, being 10.83 acres, more or less, as shown on Exhibit'A,"attached hereto and made a part hereof, be and the same is hereby renamed as Jimmy Simmons Boulevard. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 26th day of February, 2013. - Mayor Becky Ames - File 9- B: Request for renaming that portion of University Drive, between E. Cardinal Drive and Lavaca Street, to Jimmy Simmons Boulevard. Location: University Drive between E. Cardinal Drive and Lavaca Street Applicant: City of Beaumont Planning Division 010800 I l l ]Feet D I E LAVA -� \ — -� Legend m — \ �\ M 8290B D c E IRBY ST S C m n 11CASTON ST � z ,y�G �C Cn DEWEY ST �y Q ycA PALM ST = D a E VIRGINIA ST o m I p Cn O CLARK ST X -i r n M � = m G) ALABAMA AVE m m = n X GEORGIA AVE ;0 p SHELL STD Cl) to 0 zz GARLAND A -{ VE s D c IOWA ST rn z n C I N rn = z -� D Z GILES I 0 z VERMONT ST G) m Cn z JOSEPH ST!_____) n v rn Cn !y E FLORIDA AVE 70 N PARKWAY DR � G 2 OR t4 Nk; EXHIBIT "A" 2 February 26,2013 Consider an ordinance approving a specific use permit to allow the sale, storage, installation and servicing of generators in a GC-MD (General Commercial-Multiple Family Dwelling) District at 1412 Ashley RICH WITH OPPORTUNITY [IEA,UMON* T • E X . A . S City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Chris Boone, Community Development Director MEETING DATE: February 26, 2013 REQUESTED ACTION: Council consider an ordinance approving a specific use permit to allow the sale, storage, installation and servicing of generators in a GC-MD (General Commercial-Multiple Family Dwelling) District at 1412 Ashley. BACKGROUND Kent Burch, representing Gulf Coast Generators,has applied for a specific use permit. Mr. Burch states that the primary use of the building will be for receiving, staging and prepping the generators before the delivery to the final site location. The subject property will be used for the storage of work trucks, trailers and other equipment used in the installation and servicing of standby generator equipment. Front office space will be used to meet with the occasional client to talk about his or her generator needs. Any repairs to the generators that require the use of fluids such as oils, filters, antifreeze, etc. will be brought back to the company's location, stored in proper containers and then disposed of on a regular basis by a local recycling company. Mr. Burch estimates that 95% of the company's work will be performed at the standby generator site location. At a Joint Public Hearing held February 18, 2013, the Planning Commission recommended approval 6:0 of the specific use permit. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of ordinance. ORDINANCE NO. ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW THE SALE, STORAGE, INSTALLATION AND SERVICING OF GENERATORS IN A GC-MD (GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING) DISTRICT AT 1412 ASHLEY AVENUE IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS, Gulf Coast Generators, by and through its representative Kent Burch, has applied for a specific use permit to allow the sale, storage, installation and servicing of generators in a GC-MD (General Commercial-Multiple Family Dwelling) District at 1412 Ashley Avenue, being Lot 12, Block 24, Jirou Addition, City of Beaumont, Jefferson County, Texas, containing 0.24 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 the sale, storage, installation and servicing of generators in a GC-MD (General Commercial-Multiple Family Dwelling) District at 1412 Ashley Avenue; and, WHEREAS, the City Council is of the opinion that the issuance of such specific use permit is in the best interest of the City of Beaumont and its citizens; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this ordinance are hereby, in all things, approved and adopted; and, Section 1. That a specific use permit to allow the sale, storage, installation and servicing of generators in a GC-MD (General Commercial-Multiple Family Dwelling) District at 1412 Ashley Avenue, being Lot 12, Block 24, Jirou Addition, City of Beaumont, Jefferson County, Texas, containing 0.24 acres, more or less, as shown on Exhibit "A," attached hereto, is hereby granted to Gulf Coast Generators, its legal representatives, successors and assigns, as shown on Exhibit "B," attached hereto and made a part hereof for all purposes. Section 2. That the specific use permit herein granted is expressly issued for and in accordance with each particular and detail of the site plan attached hereto as Exhibit"B," attached hereto and made a part hereof for all purposes. Section 3. Notwithstanding the site plan attached hereto,the use of the property herein above described shall be in all other respects subject to all of the applicable regulations contained in Chapter 28 of the Code of Ordinances of Beaumont, Texas, as amended, as well as comply with any and all federal, state and local statutes, regulations or ordinances which may apply. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 26th day of February, 2013. - Mayor Becky Ames - ile 21 9-P: Request for a specific use permit to allow the sale, storage,installation and N servicing of generators in a GC-MD (General Commercial Multiple Family Dwelling) V District. Location: 1412 Ashley Applicant: KentBurch 0 100 200 l I Feet Legend :C--r� I 1 2159P i iGMD11 _ R' S II � 4 EVALON AVE x z I Il I i � I, i I I I � I '� R'S ��G6MDj � w I ! I ! j RI CS �GC!,MD; i I Fmm" l ASHLEY AVE j ON WIN I � I I I I , , R-S 'GC '-;MDI I I t I IL I I !1 % ` o EL v� 11 i I i EXHIBIT "A" 60 30 1 -fir- 0 A ��ZAA!5, 11V EXHIBIT "B" 3 February 26,2013 Consider amending Section 28.03.023(e) of the Zoning Ordinance, Permitted Use Table,to allow tutoring in an RM-H (Residential Multiple Family Dwelling-Highest Density) District with a specific use permit RICH WITH OPPORTUNITY 11EA,Um"'0N* T • E X • A • s City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager ( )17 PREPARED BY: Chris Boone, Community Development Director MEETING DATE: February 26, 2013 REQUESTED ACTION: Council consider an amendment to the Zoning Ordinance, Section 28.03.023(e), Permitted Use Table to allow tutoring in an RM-H (Residential Multiple Family Dwelling- Highest Density) District with a specific use permit. BACKGROUND A property owner recently spoke with staff about moving her tutoring business into an office building that she owns at 1450 Wellington Circle. At that time, she was told that tutoring is not permitted in the RM-H (Residential Multiple Family Dwelling-Highest Density) District either by right or with a specific use permit. In July, 1984, the subject property was zoned RM-H and a specific use permit was granted to allow professional offices on Lots 1-5 and Lots 20-22, Dowlen Plaza. In September, 1987,the existing specific use permit was expanded to allow additional commercial uses, including some personal services, some amusement and recreation services, some health services, some social services,museums, some membership organizations and some services not elsewhere classified. However, educational services (SIC 822, 824, 829) were not included. In order to allow tutoring services, the Planning Manager told the property owner that the property would either have to be rezoned to a commercial zoning or the Zoning Ordinance could be amended to allow tutoring with a specific use permit in the RM-H District. The Planning Manager feels that tutoring services would not detract from any of the other uses permitted with a specific use permit on the aforementioned lots. In addition, the Planning Manager feels that amending the Permitted Use Table to allow tutoring services would be much less objectionable to surrounding property owners than rezoning the commercial properties to a commercial district that would allow tutoring by right. Therefore, the Planning Manager recommends the following: SEC 28.03.023 a PERMITTED USE TABLE ZONING DISTRICT Parking Special PERMITTED PRIMARY USES Group Cond. SIC A-R R-S RM-M RM-H RCR RCR-H NC NSC GC-MD GC-MD-2 CBD C-M LI HI PUD GROUP S IS S PP P S S P P P S 801 Offices and Clinics of Drs.of Medicine 14 S S S P P P S S P PPS 802 Offices and Clinics of Dentists 14 S S S P P P S S P PIP S 803 Offices and Clinics of Drs.of Osteopathy 14 S S S P P P S S P PIP S 804 Offices and Clinics of Other Health 14 Practitioners Inc. Massage Therapist S S PIP IP IS S P PP S 805 Nursing and Personal Care Facilities 28 S S S S S S P P S S P P P S 806 Hospitals 28 S S Pp P S S P PP S 807 Medical and Dental Laboratories 7 S S S P P P S S P P P S 808 Home Health Care Facilities 14 S S S S S S PIP P S S P PPS 809 Miscellaneous Health and Allied Services 18 Not Elsewhere Classified :' 1 4 PPS , ` ' ;:< : ` _:::<:':. S S S P P P S P P •....x. .��... S is S S Is S S S S S S IS iS IS S 821 Elementary Schools 30 S S S S S S S S S S S IS IS S S 821 Secondary Schools 30/31 S P P S S P PP S 822 Colleges,Universities,Professional 30/31 Schools and Junior Colleges P Is Is P IP I P PIP IP Is S P P P P 823 Libraries 8 S PP P S S P PPP 1824 Vocational Schools 30/31 S P P P S S P P P S 829 Schools and Educational Services, 30/31 Not Elsewhere Classified S S P P P S P P P P S 8299 Tutoring 30131 S S S P P P S S P P P S 83 SOCIAL SERVICES(except as noted) 41 S S S S S S S S S S 8351 Home-based Care 41 P P P S S P P P S 8361 Center-based Care 41 30 S S S S S S S Halfway Homes for Delinquents 41 19 and Offenders At a Joint Public Hearing held February 18, 2013, the Planning Commission recommended approval 6:0 of the amendment. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of ordinance. ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING CHAPTER 28, SECTION 28.03.023(e) PERMITTED USE TABLE OF THE CODE OF ORDINANCES OF BEAUMONT, TEXAS,ADDING TUTORING AS A SIC PRIMARY USE; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL; AND PROVIDING A PENALTY. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. THAT Chapter 28, Section 28.03.023(e), Permitted Use Table, SIC Group 82, of the Code of Ordinances of the City of Beaumont be and the same is hereby amended by adding new SIC Group 8299 to read as follows: ZONING DISTRICT Parking Special PERMITTED PRIMARY USES Group Cond. SIC A-R R-S RM- RM- RCR RCR- NC NSC GC- GC- CBD C-M LI HI PUD GROUP M H H MD MD-2 IEDUCATIONAL SERVICES(as noted) S S S S S S S S S S S S S S S 831 Elementary Schools 30 S S S S S S S S S S S S S S S 821 Secondary Schools 30131 S P P S S P P P S 822 Colleges,Universities,Professional 30/31 Schools and Junior Colleges P S S P P P P P P S S P P I P I P 1823 Libraries 8 S P P P S S P P I P I P 1824 Vocational Schools 30131 S P P P S S P P P I S 1829 Schools and Educational Services, 30131 Not Elsewhere Classified S S P P P S P P P P I S 18299 Tutoring 30/31 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 26th day of February, 2013. - Mayor Becky Ames - 4 February 26,2013 Consider a resolution authorizing the City Manager to apply to the Texas Department of Housing and Community Affairs for Emergency Solutions Grant funds RICH WITH OPPORTUNITY BEA,11M0N* T • E • X • A • S City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Chris Boone, Community Development Director MEETING DATE: February 26, 2013 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to apply to the Texas Department of Housing and Community Affairs (TDHCA) for Emergency Solutions Grant(ESG) funds. BACKGROUND Given the extent of homelessness within our community, we are recommending that an application be made to the Texas Department of Housing and Community Affairs for up to $285,000 in Emergency Solutions Grant funds. As the lead agency under the application, the City would accept applications from various local providers to act as sub-recipients of the program,providing services directly to the homeless. This competitive process would be similar to the Homeless Prevention and Rapid Rehousing (HPRP) Program that the City administered over the last two years. If awarded, a call for applications will be made and submitted to the Community Development Advisory Committee for consideration and recommendation to City Council for final award. FUNDING SOURCE U.S. Department of Housing and Urban Development(HUD), administered through the Texas Department of Housing and Community Affairs (TDHCA). 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 apply for and receive funding in an amount up to $285,000 in Emergency Solutions Grant (ESG) funding through the Texas Department of Housing and Community Affairs (TDHCA)to provide services for the homeless. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 26th day of February, 2013. - Mayor Becky Ames - 5 February 26,2013 Consider a resolution approving a change order to the contract with Bruce's General Construction, Inc. related to the Surface Restoration Due To Utility Cuts Rehabilitation Project, approving the final payment and accepting the Project RICH WITH OPPORTUNITY IIEAUMON* T • E • x . A . S City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager �O- PREPARED BY: Patrick Donart, Public Works Director MEETING DATE: February 26, 2013 REQUESTED ACTION: Council consider a resolution approving a change order to the contract with Bruce's General Construction, Inc. related to the Surface Restoration Due To Utility Cuts Rehabilitation Project, approving the final payment and accepting the Project. BACKGROUND On July 24, 2012, City Council awarded Bruce's General Construction, Inc. the contract for the Surface Restoration Due To Utility Cuts Rehabilitation Project in the amount of$349,360.00. To date, there has been one change order approved resulting in an increase of$37,928.15. Change Order No. 2 decreases the contract amount($9,465.28) and is necessary to adjust the quantities actually used during the performance of the project. The Project has been inspected and completed in accordance with the Terms and Conditions set out in the contract documents and we recommend final payment to Bruce's General Construction, Inc. in the amount of$25,578.64. FUNDING SOURCE Capital Program. RECOMMENDATION Approval of resolution. CITY OF IR)CAUMONT SCAi$DULD C SCHEDULE OF MU PARUICIPAnON BRUCE'S GENERAL CONSTRUCTION, INC. VRNDOR NANZ O BRUCE'S GENERAL CONSTRUCTION,INC. 1175 REYNOLDS RD.BEAUMONT,rx 77707 SITE WORK,CONCRETE,ETC 377,822 87 The undersigned will enter into a formal agreement with M88 Contractors for work listed In-this Schedule conditioned upon execution of a contract with the City of Beaumont. NOTE: I. This schedule should be submitted with your bid. JILL BROUSSARD PRESIDENT/OWNER TITLE -9- CITY OF BEAUMONT DATE: February 19,2013 PROJECT: SURFACE RESTORATION DUE TO UTILITY CUTS REHABILITATION PROJECT OWNER: City of Beaumont,Texas CONTRACTOR: BRUCE'S CONSTRUCTION,INC. CHANGE ORDER NO.: 02&Final . Ali..... .0 Adjusting the estimated quantities to match final quantities used during the performance of the project below. ORIGINAL CONTRACT AMOUNT: $349,360.00 NET FROM PREVIOUS CHANGE ORDER NO.l: $387,288.15 TOTAL AMOUNT OF THIS CHANGE ORDER: ($9,465.28) PERCENT OF THIS CHANGE ORDER: (2.71%) TOTAL PERCENT CHANGE ORDER TO DATE: 10.86% NEW CONTRACT AMOUNT: $377,822.87 R4D .1s 'Tiffil' s N :0' ]WE MAN ACCEPTED BY: PREPARED BY: CONTRACTOR DAMON JONES,E.I.T. ROADWAY DESIGNER RECOMMENDED BY: PATRICK DONART,P.E., DR.JOSEPH G.MAJDALANI,P.E, PUBLIC WORKS DIRECTOR CITY ENGINEER APPROVED BY: ATTESTED BY: KYLE HAYES,CITY MANAGER TINA BROUSSARD,CITY CLERK RESOLUTION NO. WHEREAS, on July 24, 2012, the City Council of the City of Beaumont, Texas, passed Resolution No.12-156 awarding a contract in the amount of$349,360 to Bruce's General Construction, Inc.,of Beaumont,Texas,forthe Surface Restorations Due to Utility Cuts Rehabilitation Project: and, WHEREAS, Change Order No. 1 in the amount of $37,928.15 was required to adjust the estimated quantities and add eleven (11) surface restoration areas throughout the City, thereby increasing the project amount to $387,288.15; and, WHEREAS, Change Order No. 2 in the amount of($9,465.28) is required to adjust the quantities actually used during the performance of the project, thereby decreasing the contract amount to $377,822.87; and, WHEREAS, the project has been inspected and completed in accordance with the terms and conditions of the contract and should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT the City Manager be and he is hereby authorized to execute Change Order No. 2 to adjust quantities actually used during the performance of the project, thereby decreasing the contract amount by($9,465.28)for a total contract amount of$377,822.87; and, BE IT FURTHER RESOLVED THAT the Surface Restoration Due to Utility Cuts Rehabilitation Project be and the same is hereby accepted; and, BE IT ALSO RESOLVED THAT the City Manager is hereby authorized to make final payment in the amount of$25,578.64 to Bruce's General Construction, Inc. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 26th day of February, 2013. - Mayor Becky Ames - 6 February 26,2013 Consider an ordinance authorizing the participation of the City of Beaumont with other Entergy Texas service area cities in matters concerning Entergy at the Public Utility Commission of Texas and the Federal Energy Regulatory Commission in 2013 I RICH WITH OPPORTUNITY r T • E • X • A • S City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tyrone E. Cooper, City Attorney MEETING DATE: February 26, 2013 REQUESTED ACTION: Council consider an ordinance authorizing the participation of the City of Beaumont with other Entergy Texas service area cities in matters concerning Entergy at the Public Utility Commission of Texas and the Federal Energy Regulatory Commission in 2013. RECOMMENDATION Administration recommends approval of an ordinance authorizing the participation of the City of Beaumont with other Entergy Texas service area cities in matters concerning Entergy at the Public Utility Commission of Texas and the Federal Energy Regulatory Commission in 2013. BACKGROUND The City of Beaumont is statutorily given the responsibility of exclusive original jurisdiction over the rates, operation and services of Entergy Texas, Inc. (ETI), which provides electric utility services in the City of Beaumont. To ensure that ETI is providing fair,just and reasonable rates and efficient services to the area, the City of Beaumont continually assesses the ongoing efforts of ETI in the services it provides to the citizens of Beaumont. This is accomplished primarily through the combined efforts of the other cities in the Entergy service area with similar jurisdictional responsibilities. It is anticipated that ETI will initiate various proceedings before the cities within its service area, the Public Utility Commission of Texas or before the Federal Energy Regulatory Commission in the year 2013. Efforts have already been initiated by ETI to integrate with the Midwest Independent System Operator (MISO) and divest its transmission system through a transaction with ITC Holdings, Corp. Additionally,the filing of fuel factor proceedings at the PUC and proceeding to determine the proper Texas allocation of rough production costs equalization payments are anticipated in the upcoming year. These matters all warrant the attention of the cities in the ETI service area and participation in the proceedings that may come before the PUC and the Federal Energy Regulatory Commission as a result. The proposed ordinance is one that is periodically brought before the Council seeking continued authority to participate as a member in the Steering Committee of cities within the ETI service area in the rate, fuel, fuel related and various other operation and services matters that are anticipated. The ordinance also authorizes the hiring of the consultants and lawyers through the Steering Committee to facilitate the efforts of the ETI service area cities. BUDGETARYIMPACT The reasonable expenses associated with rate related matters are reimbursable by the company. ORDINANCE AN ORDINANCE OF THE CITY COUNCIL OF BEAUMONT, TEXAS, AUTHORIZING PARTICIPATION WITH OTHER ENTERGY SERVICE AREA CITIES IN MATTERS CONCERNING ENTERGY TEXAS, INC. AT THE PUBLIC UTILITY COMMISSION OF TEXAS AND THE FEDERAL ENERGY REGULATORY COMMISSION IN 2013. WHEREAS, Entergy Texas, Inc.'s ("ETI") implementation of customer choice has ceased due to Senate Bill 1492 and ETI will continue to be regulated; and, WHEREAS, changes to the Public Utility Regulatory Act addressing rates and rate proceedings will have a direct impact on ETI and customer bills during the year and into the future; and, WHEREAS, ETI is scheduled to litigate requests in various proceedings before the Public Utility Commission, before municipalities, or before the Federal Energy Regulatory Commission in 2013 related to ETI's proposal to integrate with the Midwest Independent System Operator ("MISO"), ETI's proposal to divest its transmission system through a transaction with ITC Holdings Corp., various fuel cost refunds or surcharges and reconciliations, capacity cost surcharges and reconciliations; and for any type of incremental base rate adjustment proceedings(such as a transmission cost recovery rider, a distribution cost recovery rider, or a purchased power capacity cost recover rider)or cost allocation adjustments; and, WHEREAS, ETI is scheduled to file fuel factor proceedings at the Public Utility Commission in February and August 2013, and file other fuel proceedings during 2013 to reconcile fuel, to refund or surcharge fuel charges, and to change the fuel mechanism, along with various surcharge requests impacting rates; and, WHEREAS, ETI is scheduled to file a proceeding to determine the proper Texas allocation of rough production cost equalization payments from Entergy Arkansas to be refunded to Texas customers as well as refund past payments ordered to be made; and, WHEREAS, ETI is scheduled to file a proceeding to recover costs incurred in association with its Energy Efficiency Plan as well as reconcile past costs; and, WHEREAS, Cities have the statutory right to set fair and reasonable rates for both the Company and customers within Cities; and, WHEREAS, Cities have original jurisdiction over rates, operations, and services of an electric utility in areas in the municipality pursuant to Tex. Util. Code § 33.001; and, WHEREAS, Cities have standing in each case before the Public Utility Commission of Texas that relates to an electric utility providing service in the municipality pursuant to TEx. UTiL. Code § 33.025, and standing before each Federal Energy Regulatory Commission case in which the City may be affected pursuant to 18 C.F.R. §385.214; and, WHEREAS, Cities are entitled to reimbursement by the utility of their reasonable rate case expenses to participate in cases that are deemed rate proceedings pursuant to Tex. Util. Code § 33.023; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: SECTION 1. The City of Beaumont, Texas shall participate with other Cities to intervene in ETI's various rate filings related to the various fuel cost surcharges and reconciliations, capacity cost surcharges and reconciliations, the allocation and refund of rough production cost equalization payments, and for any base rate adjustment proceedings or cost of service adjustments on file with the Public Utility Commission or with municipalities in 2013 and seek appropriate regulatory scrutiny in any case on file at the Federal Energy Regulatory Commission affecting the City and its residents. The City of Beaumont, Texas shall participate with other Cities to intervene in fuel or fuel related proceedings at the Public Utility Commission and the Federal Energy Regulatory Commission on file in 2013 concerning ETI's rates charged to Texas customers. All such actions shall be taken pursuant to the direction of the Cities' Steering Committee. Cities' Steering Committee shall have authority to retain rate consultants and lawyers. Cities'Steering Committee shall direct the actions of Cities'representatives in the above proceedings. The Steering Committee is directed to obtain reimbursement from ETI of all reasonable expenses associated with participation in said proceedings. SECTION 2. This Ordinance shall be effective from and after the date of its passage. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 26th day of February, 2013. - Mayor Becky Ames - ATTEST: City Secretary APPROVED AS TO FORM: 7 February 26,2013 PUBLIC HEARING * Dangerous Structures Consider an ordinance declaring certain structures to be dangerous structures and ordering their removal within 10 days or authorizing the property owner to enroll the dangerous structure in a work program RICH WITH OPPORTUNITT BEAUMOK* T • S • s • A • s City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Chris Boone,Community Development Director MEETING DATE: February 26, 2013 REQUESTED ACTION: City Council, after conducting a public hearing, consider an ordinance to declare the following fifty(50) structures to be unsafe structures and order the owners to raze the said structures within ten (10) days. If the property owner fails to comply within ten (10) days, staff is requesting City Council authorization to demolish these structures without further notification to the property owner or City Council action. Additionally, if the property owner of a structure requests and is authorized by City Council to enroll in a work program, all delinquent taxes shall be paid in full or a payment plan shall be established prior to enrollment in the work program. Enrollment in the work program shall occur within ten days after the effective date of this ordinance. 1. 3540 S. 11TH(Commercial) 2. 3550 S. 11TH(Commercial) 3. 2245 Angelina 4. 2331 Angelina 5. 3120 Bolivar 6. 2151 Broadway 7. 1120 W.Cardinal (Commercial) 8. 1902 Cartwright 9. 125 E.Church 10. 4775 Cleveland 11. 2004 College(Commercial) 12. 3530 Concord (Commercial) 13. 2830 Driftwood 14. 390 Elizabeth(Commercial) 15. 1248 Fulton 16. 1275 Fulton&Garage/Storage Building 17. 4220 Garden&Garage 18. 310 E. Gill&Auxiliary Buildings 19. 4680 Harding&Carport/Storage 20. 2575 Harriot 21. 2305 Harrison 22. 8215 Helbig 23. 4020 Highland 24. 5670 Indian Trl 25. 4205 Inez 26. 1450 Interstate 10 E(Commercial) 27. 5410 Landry&Storage Building 28. 432 E. La Salle 29. 1078 Lee 30. 2298 Linson 31. 2580 Linson 32. 4105 Lou (Auxiliary Buildings) 33. 1323 Magnolia (Commercial) 34. 3233 Magnolia&Storage Building 35. 2408 Neches 36. 608 Palm (1) 37. 4190 Pine 38. 675 Pollard 39. 2147 Pope 40. 2345 Poplar(2) 41. 2135 Potts 42. 2375 Potts(Storage Building) 43. 2290 Roberts(1) 44. 3870 St. Helena(Garage) 45. 1919 Sabine Pass&Shed 46. 4379 Sullivan&Storage Building 47. 2075 Tulane&Garage 48. 2355 Tulane 49. 2895 Waco 50. 3661 Waverly&Storage Building (#) Indicated number of times enrolled in work program. BACKGROUND These structures have been inspected by the Building Codes Division and found to be unsafe structures as defined by the City of Beaumont's Code of Ordinances, Chapter 24,Article 24.04 Unsafe Substandard Structures,Division 1, Sec. 14.04.001 of the 2009 International Property Maintenance Code. Additionally,these structures have deteriorated to a condition that they are no longer considered suitable for repair. FUNDING SOURCE City may incur the cost of demolition. Sources may include General funds and Community Development Block Grant(CDBG) funding. RECOMMENDATION Approval of the ordinance. ORDINANCE NO. ENTITLED AN ORDINANCE FINDING CERTAIN STRUCTURES TO BE PUBLIC NUISANCES AND ORDERING THEIR DEMOLITION AND REMOVAL OR REPAIR; PROVIDING FOR SEVERABILITY AND PROVIDING FOR A PENALTY. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That the City Council of the City of Beaumont hereby finds and declares the buildings located at: 1. 3540S. 11 TH(Commercial) 2. 3550S. 11 TH(Commercial) 3. 2245 Angelina 4. 2331 Angelina 5. 3120 Bolivar 6. 2151 Broadway 7. 1120 W. Cardinal (Commercial) 8. 1902 Cartwright 9. 125 E. Church 10. 4775 Cleveland 11. 2004 College (Commercial) 12. 3530 Concord (Commercial) 13. 2830 Driftwood 14. 390 Elizabeth (Commercial) 15. 1248 Fulton 16. 1275 Fulton &Garage/Storage Building 17. 4220 Garden&Garage 18. 310 E. Gill&Auxiliary Buildings 19. 4680 Harding&Carport/Storage 20. 2575 Harriot 21. 2305 Harrison 22. 8215 Helbig 23. 4020 Highland 24. 5670 Indian Trl 25. 4205 Inez 26. 1450 Interstate 10 E (Commercial) 27. 5410 Landry&Storage Building 28. 432 E. La Salle 29. 1078 Lee 30. 2298 Linson 31. 2580 Linson 32. 4105 Lou (Auxiliary Buildings) 33. 1323 Magnolia (Commercial) 34. 3233 Magnolia &Storage Building 35. 2408 Neches 36. 608 Palm (1) 37. 4190 Pine 38. 675 Pollard 39. 2147 Pope 40. 2345 Poplar(2) 41. 2135 Potts 42. 2375 Potts(Storage Building) 43. 2290 Roberts(1) 44. 3870 St. Helena (Garage) 45. 1919 Sabine Pass&Shed 46. 4379 Sullivan &Storage Building 47. 2075 Tulane&Garage 48. 2355 Tulane 49. 2895 Waco 50. 3661 Waverly&Storage Building (#) Indicated number of times enrolled in work program. to be public nuisances in that said buildings violate Chapter 24, Article 24.04, Section 24.04.001 of the Code of Ordinances of the City of Beaumont and are for want of repairs, or by reason of age or dilapidated, decayed, unsafe or unsanitary condition, or otherwise unfit for human habitation, or otherwise likely to endanger the health, safety or general welfare of the citizens of the City. Section 2. In accordance with Article XVII, Section 2, of the Charter of the City of Beaumont, Chapter 24, Article 24.04 of the Code of Ordinances of Beaumont, Texas, it is hereby ordered that the owner or owners of the following described buildings demolish and remove said structures within ten (10) days of the effective date of this ordinance. If the property owner(s) fail(s) to comply within ten (10) days, Council orders that the property be demolished without further notification to the property owners or City Council action. Section 3. That if any section, subsection, sentence, clause or phrase of this ordinance, or the application of same to a particular set of persons or circumstances should for any reason be held to be invalid, such invalidity shall not affect the remaining portions of this ordinance, and to such end the various portions and provisions of this ordinance are declared to be severable. Section 4. 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 26th day of February, 2013. - Mayor Becky Ames -