HomeMy WebLinkAboutPACKET JUL 23 2013 sIC■ WAT■ OTTOUTUXITT
BEAU11n1'nUN*
T • E • Z * A * S
REGULAR MEETING OF THE CITY COUNCIL
COUNCIL CHAMBERS JULY 23,2013 1:30 P.M.
CONSENT AGENDA
* Approval of minutes—July 16, 2013
* Confirmation of committee appointments
A) Approve a resolution authorizing the execution of a License to Encroach Agreement with
Emma Ellis
B) Approve a resolution amending agreements with U.S. Telecom, Inc. (Sprint), Ohmstede,
LTD, Baptist Hospitals of Southeast Texas,Network USA, LLC, Caliber Solutions,
Qwest Communications Corporation and CenturyTel Fiber Company II, LLC
(LightCore)for use of the city's right-of-way
C) Approve a resolution authorizing the acceptance of property at 1430 Madison Avenue for
the Madison Street Project
A
RICH WITH OPPORTUNITY
'
T E . X . A . 3 � Council A ends Item City g
TO: City Council
FROM: Kyle Hayes, City Manager
D
PREPARED BY: Patrick Donart, Public Works Director
MEETING DATE: July 23, 2013
REQUESTED ACTION: Council consider a resolution authorizing the execution of a
License to Encroach Agreement with Emma Ellis.
BACKGROUND
There is an existing structure located at 4974 Highland Avenue encroaching into a twenty foot
(20') alley in Lots 6, 7 and 8, Block 1, Morning View Addition. The structure encroaches 8'.
The request from Emma Ellis,the owner of the structure, was submitted to all city departments
and utility companies with one objection from Centerpoint Energy. The City Utilities
Department approved the license to encroach with the following conditions:
The City of Beaumont will not be responsible for any damage to the structures if the sanitary
sewer line should ever develop a cavity or due to any repairs to the City main by City crews.
The City of Beaumont shall not be responsible for the repair and replacement of any paving or
other structures within the Easement property.
The License Agreement protects the City from liability and provides a thirty (30) day
cancellation clause.
FUNDING SOURCE
There is a one time non-refundable fee of$500 from Emma Ellis for the License to Encroach.
RECOMMENDATION
Approval of resolution.
RICH WITH OPPORTUNITY
BEAUMO-N* Application for License to Encroach
City of Beaumont, Texas
T • E • % • A • S
1. NAME OF APPLICANT: clnAla Ell;5
ADDRESS: X974 iJt' h k ad 4-Ve. PHONE: 9 843-�8 60
2. AUTHORITY OF APPLICANT: Oval m r
3. NAME OF OWNER: C-MM Q 6_11 ZS
ADDRESS: V1756 Ave PHONE:
LEGAL DESCRIPTION OF OWNER'S PROPERTY(Lots,Blocks,Subdivision)
TO BE SERVED BY EASEMENT OR RIGHT-OF-WAY: Lai (o.7 i B _
Qlog-t -1 Md rns"A4 Mug
4. DESCRIPTION OF EASEMENT OR RIGHT-OF-WAY INVOLVED:
5. PRESENT USE OF EASEMENT OR RIGHT-OF-WAY (List Utilities if Present):
6. USE OF EASEMENT OR RIGHT-OF-WAY DESIRED BY OWNER:
ReQQt,r GEr�,� --�tg -WaC e�Pn�a•ef-
7. ATTACH A MAP OR PLAT DELINEATING THE EASEMENT OR PUBLIC
RIGHT-OF-WAY (Dimensioned and to Engineering Scale). PLEASE INCLUDE
ALL PERTINENT INFORMATION ON THE MAP:
L Distances from edge of pavement or back of curb
ii. Street names and nearest cross streets
iii. Side of the street [east,west,north,south]
8. COST TO BE PAID FOR LICENSE TO ENCROACH AT TIME APPLICATION
IS SUBMITTED— $500 SAID COST BEING NON-REFUNDABLE.
TO THE BEST OF MY KNOWLEDGE, THE ABOVE INFORMATION IS TRUE AND
CORRECT.
SIGNATURE
RESOLUTION NO.
WHEREAS, Emma Ellis has requested that the City of Beaumont grant a License
to Encroach into one (1) twenty foot (20') alley at 4974 Highland Avenue, which is
described as being in Lots 6, 7 and 8, Block 1, Morning View Addition, to the City of
Beaumont. The encroachment being a structure overlapping V into the 20'alley described
in Exhibit "A" and shown in Exhibit "B," attached hereto and made a part hereof for all
purposes; and,
WHEREAS, City staff has expended considerable time and effort in investigating
the effect of such encroachment upon the City easement and utilities therein; and,
WHEREAS, it appears that it would be equitable to allow such encroachment at this
time;
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the statements and findings set out in the preamble to this resolution are hereby, in
all things, approved and adopted; and,
THAT the City Manager be and he is hereby authorized to execute a License to
Encroach to Emma Ellis to encroach into one (1) twenty foot (20') alley at 4974 Highland
Avenue, which is described as being out of Lots 6, 7 and 8, Block 1, Morning View
Addition, to the City of Beaumont. The encroachment being an existing structure
overlapping 8' into the 20' alley, as described in Exhibit "A" and shown in Exhibit "B,"
attached hereto and made a part hereof for all purposes for a one-time fee of Five Hundred
Dollars ($500.00) for the License to Encroach.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 23rd day of July,
2013.
- Mayor Becky Ames -
LICENSE TO ENCROACH
STATE OF TEXAS X
ALL MEN BY THESE PRESENTS:
COUNTY OF JEFFERSON X
On the date last indicated below, the City of Beaumont, a municipal corporation, of
Beaumont, Jefferson County, Texas, herein called "Licensor" and Emma Ellis, owner,
hereinafter called "Licensee", contracted and agreed as set forth herein.
Licensee desires a license from Licensor to use that real property (the subject of this
license agreement)described as follows:
Said encroachment being a structure overlapping a 20'(twenty foot) alley by 8' on
Lots 6, 7 and 8, Block 1, of the Morning View Addition(4974 Highland Avenue).
Said encroachment is shown on Exhibit "A", attached.
Subject property may continue to be occupied and used by Licensee solely in connection
with the existing structures and for incidental purposes related thereto during the term of this
license or until termination thereof Said license shall terminate upon removal or demolition of
said encroachment.
Substantial improvements shall not be made upon any encroachment without first
obtaining the written consent of Licensor and giving notice to Licensor in writing of how, when
and to what extent such improvements are to be made. A copy of this license shall be attached to
such notice.
Substantial improvement means any repair, construction, or improvement of a structure,
the cost of which equals or exceeds twenty-five percent (25%) of the market value of the
structure either: (1) before the improvement or repair is started; or (2) if the structure has been
damaged and is being restored, before the damage occurred. For the purposes of this definition,
"substantial improvement" is considered to occur when the first alteration of any portion of the
structure commences, whether or not that alteration affects the external dimensions of the
structure. The term does not, however, include any projects or improvements of a structure to
comply with existing state or local health, sanitary, or safety code specifications which are solely
necessary to protect the health, safety and welfare of the public, inhabitants, or users of such
structure.
In the event the City of Beaumont, by resolution of the City Council, determines it needs
the subject property, or any part thereof, for the benefit of the City or to protect the health, safety
or welfare of the public, and it terminates this license or any part thereof, Licensee shall not
receive any compensation and the City of Beaumont shall not be liable therefore, whether for the
value of property taken, damage to the abutting or remaining property or improvement, loss of
business or profit, loss of access, or otherwise.
Page 1 of 4
EXHIBIT "A"
Licensee shall at all times indemnify and hold harmless Licensor and any franchised
entity of licensor against, and pay in full, for all claims, losses, damages, law suits, attorney's
fees, costs, judgments or expenses, that Licensor and any franchised entity of Licensor may
sustain, incur, be required to pay or become liable for, resulting in any manner from the
construction,maintenance,use, state of repair,or presence of such encroaching structure.
Licensor, and any franchised entity of Licensor, reserves the right to make improvements,
perform maintenance and construction to the right-of-way or premises covered by this license
where such is deemed necessary for the health, welfare and safety of the community. In doing
so, Licensor and any franchised entity of Licensor shall not be liable to Licensee for any damage
occasioned thereby and Licensee shall not be entitled to prosecute or maintain a claim against
such parties for any such damage sustained by Licensee to said encroaching structure or any
abutting or attached structures, improvements or land caused by the removal or alteration of any
encroachment. In addition, Licensee shall reimburse Licensor and any franchised entity of
Licensor any additional costs resulting from the encroachment.
Licensor will not be responsible for any damages to the structures if the sanitary sewer
line or the storm sewer should ever develop a cavity or due to any repairs to the Licensor main
by Licensor crews. The Licensor shall not be responsible for the repair and replacement of any
paving or other structures within the Easement property.
Licensee shall not permit trees, shrubs, plants, or any object to be placed on the subject
property in such a manner as to obstruct the view of traffic. In addition, Licensor will not be
responsible for any damages to the structure if the sewer main should ever develop a cavity or
due to any repairs to the Licensor main by Licensor crews.
As part of the consideration for this agreement, Licensee shall pay to Licensor the sum of
Five Hundred Dollars($500.00). Said sum being non-refundable.
This license shall be recorded in the Real Property Records in the Office of the County
Clerk of Jefferson County, Texas by Licensor.
This agreement is terminable by either party by giving written notice to the other
specifying the date of termination. Said notice shall be given not less than thirty(30) days prior
to the termination date, therein specified, and shall be recorded in the Real Property Records in
the Office of the County Clerk of Jefferson County, Texas by Licensor.
This license is neither assignable nor transferable except in conjunction with, and as part
of, Licensee's conveyance of all the abutting property this license serves, through probate or
warranty deed or lease. In any such event, Licensor shall be notified of such occurrence by
being delivered a copy of the document or documents conveying or leasing the same.
Page 2 of 4
Any notice to Licensor shall be sufficient if it is mailed or hand delivered to the Office of
the City Engineer, City of Beaumont, P.O. Box 3827, Beaumont, Texas 77704. Any notice to
Licensee or their successors shall be sufficient if mailed or hand delivered to Property Owner at
4974 Highland Avenue, Beaumont,Texas 77705.
IN WITNESS, WHEREOF, the parties hereto have executed this agreement as of
the day of ,2013.
LICENSOR: LICENSEE:
CITY OF BEAUMONT
By: By:
KYLE HAYES EMMA ELLIS
CITY MANAGER
Page 3 of 4
ACKNOWLEDGMENTS
STATE OF TEXAS X
COUNTY OF JEFFERSON X
This instrument was acknowledged before me on the day of ,
2013, by Kyle Hayes, City Manager of the City of Beaumont, a municipal corporation, on behalf
of said corporation.
Notary Public, State of Texas
STATE OF TEXAS X
COUNTY OF JEFFERSON X
This instrument was acknowledged before me on the day of ,
2013,by Emma Ellis.
Notary Public, State of Texas
RETURN TO:
City of Beaumont
Antoinette Hardy-Engineering
P.O.Box 3827
Beaumont,Texas 77704
Page 4 of 4
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TO THE OWNERS OF THE PREMISES. SURVEYED ? 1
AS OF THE DATE OF'THE SURVEY' I
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+'Ai? W. WNdTFI,FY DO HEREBY CERTIFY THAT THIS :SURVEY WAS THIS DAY
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MADE ON THE SURFACE OF THE GROUND OF THE PROPERTY`LEGALLY DESCRIBED HEREON
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e`ar's EXHIBIT "B" , <.
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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: July 23, 2013
REQUESTED ACTION: Council consider a resolution amending agreements with
U.S. Telecom, Inc. (Sprint), Ohmstede, LTD, Baptist
Hospitals of Southeast Texas,Network USA, LLC, Caliber
Solutions, Qwest Communications Corporation and
CenturyTel Fiber Company II, LLC (LightCore) for use of
the city's right-of-way.
BACKGROUND
The City of Beaumont has a number of agreements with companies that allow them to lay fiber
optic cable in the city's right-of-way. For those companies not classified as certified
telecommunications providers (CTPs), Texas law allows the city to enter into agreements with
them so that the city may be compensated for use of the city's right-of-way. When these
agreements were executed the rate was $1.35 per linear foot. A rate of$1.75 per linear foot has
been agreed upon in the new agreements approved and executed in 2013. Because the existing
agreements allow for an increase in the rate during the term of the agreement,they are being
amended now to reflect the new rate of$1.75 per linear foot. In addition, these agreements will
be converted from 10 year agreements to two year agreements with an option to renew for an
additional two years. No provisions other than the fee structure and term are subject to change.
The amended agreements include:
1. U.S. Telecom, Inc. (Sprint)
2. Ohmstede, LTD
3. Baptist Hospitals of Southeast Texas
4. Network USA, LLC
5. Caliber Solutions
6. Qwest Communications Corporation
7. CenturyTel Fiber Company II, LLC (LightCore)
FUNDING SOURCE
Not applicable. This will result in an increase in revenue to the City.
RECOMMENDATION
Approval of resolution.
RAYMOND JANVJEESG
July 17, 2013
City of Beaumont
P.O. Box 3827
Beaumont,Texas 77704
Attn: Mr. Kyle Hayes,City Manager
Re: Disclosures by Co-Managing Underwriter
Pursuant to MSRB Rule G-17
Certificates of Obligation, Series 2013
Dear Mr. Hayes:
We are writing to provide you, as City Manager of the City of Beaumont,Texas(the"Issue"), and an official
of the Issuer with the authority to bind the Issuer by contract, with certain disclosures relating to the
captioned obligation issue (the "Obligations"), as required by Municipal Securities Rulemaking Board
(MSRB) Rule G-17 as set forth in MSRB Notice 2012-25(May 7, 2012)1.
The Issuer has engaged Raymond lames & Associates, Inc. ("RJA"),to serve as an underwriter, and not as a
financial advisor or municipal advisor, in connection with the issuance of the Obligations.
As part of our services as co-managing underwriter, RJA may provide advice concerning the structure,
timing,terms, and other similar matters concerning the issuance of the Obligations. Pursuant to Rule G-17,
you will receive a disclosure letter from the senior managing underwriter making certain disclosures on
behalf of all members of the underwriting syndicate, including RJA. You also may receive additional
separate disclosure letters pursuant to Rule G-17 from one or more co-managing underwriters for the
Obligations.
Additional Conflicts and Business Relationships Disclosures:
RJA has identified the following additional potential or actual material conflicts and business relationships
we wish to call to your attention:
In the ordinary course of its various business activities, RJA and its affiliates, officers, directors, and
employees may purchase, sell or hold a broad array of investments and may actively trade securities,
derivatives, loans, commodities, currencies, credit default swaps, and other financial instruments for their
own account and for the accounts of customers. Such investment and trading activities may involve or
relate to assets, securities, and/or instruments of the Issuer(whether directly, as collateral securing other
obligations or otherwise) and/or persons and entities with relationships with the Issuer. RJA and its
affiliates also may communicate independent investment recommendations, market advice or trading
ideas and/or publish or express independent research views in respect of such assets, securities or
1 Interpretive Notice Concerning the Application of MSRB Rule G-17 to Underwriters of Municipal Securities(effective
August 2,2012).
DEBORAH S.JONES,MANAGING DIRECTOR
5847 San Felipe,Suite 4125 Houston,TX 77057 T 713.840.3602 debijones @raymondiames.com
Raymond James 9 Associates,Inc.,member New vorr,Stove Excha Pge,,SWC
RAYMOND JAIVI[ES0
instruments and at any time may hold, or recommend to clients that they should acquire, long and/or
short positions in such assets,securities and instruments.
If you or any other Issuer official has any questions or concerns about these disclosures, then please make
those questions or concerns known immediately to the undersigned. In addition, the Issuer should consult
with its own financial and/or municipal, legal, accounting, tax and other advisors, as applicable, to the
extent it deems appropriate.
It is our understanding that you have the authority to bind the Issuer by contract with us, and that you are
not a party to any conflict of interest relating to the subject transaction. If our understanding is incorrect,
please notify the undersigned immediately.
Under MSRB Rules, we are required to seek your acknowledgement that you have received this letter.
Accordingly, please send me an email to that effect or sign and return the enclosed copy of this letter to me
at the address set forth below. Depending on the structure of the transaction that the Issuer decides to
pursue, or if additional potential or actual material conflicts are identified, we may be required to send you
additional disclosures regarding the material financial characteristics and risks of such transaction and/or
describing those conflicts. At that time, we also will seek your acknowledgement of receipt of any such
additional disclosures.
We look forward to working with you and the Issuer in connection with the issuance of the Obligations. We
appreciate your business.
Sincerely,
RAYMOND JAMES&ASSOCIATES, INC.
By:
Acknowledgement:
Name:
Title:
Date:
CC: Wells Fargo Securities
Orgain Bell&Tucker,LLP
RBC Capital Markets, LLC
Creighton, Fox,Johnson& Mills, PLLC
West&Associates, L.L.P.
DEBORAH S.JONES. MANAGING DIRECTOR
5847 San Felipe,Suite 4125 Houston,TX 77057 T 713.840.3602- debi jones(graymondjames.com
Raymond James 8 Associates.Inc„member New York Stock 6mnan9e,S1DC
RESOLUTION NO.
WHEREAS, the City of Beaumont entered into agreements with U.S. Telecom, Inc.
"Sprint"; Ohmstede, LTD; Baptist Hospitals of Southeast Texas; Network USA, LLC;
Caliber Solutions; Qwest Communications Corporation; and CenturyTel Fiber Company
II, LLC "LightCore" for the placement of fiber optic cable in the city's public right-of-way;
and,
WHEREAS, it is necessary to enter into amendments to reflect a new rate of$1.75
per linear foot for use of the city's right-of way and to convert from 10 year agreements to
two year agreements with an option to renew for an additional two years;
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 Council hereby approves the execution of a first amendment to the
agreements with U.S. Telecom, Inc. "Sprint"; Ohmstede, LTD; Baptist Hospitals of
Southeast Texas;Caliber Solutions;and Qwest Communications Corporation,substantially
in the form attached hereto as Exhibits 'A" "B," "C," "D," and "E," respectively, and made
a part hereof for all purposes,for the placement of fiber optic cable in the city's public right-
of-way; and,
BE IT FURTHER RESOLVED THAT the City Council hereby approves the execution
of a second amendment to the CenturyTel Fiber Company Il, LLC"LightCore"agreement,
substantially in the form attached hereto as Exhibit "F" and made a part hereof for all
purposes, for the placement of fiber optic cable in the city's public right-of-way; and,
BE IT ALSO RESOLVED THAT the City Council hereby approves the execution of
a fourth amendment to the Network USA, LLC agreement, substantially in the form
attached hereto as Exhibit"G" and made a part hereof for all purposes, for the placement
of fiber optic cable in the city's public right-of-way; and,
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 23rd day of July,
2013.
- Mayor Becky Ames -
FIRST AMENDMENT
PUBLIC RIGHT-OF-WAY USE AGREEMENT
THE STATE OF TEXAS §
COUNTY OF JEFFERSON §
WHEREAS, U.S. Telecom, Inc., "Sprint", and the City of Beaumont ("City"),
collectively referred to as the "Parties," executed a Public Right-of-Way Use Agreement on
March 10, 1986; and
WHEREAS,the Parties desire to amend such Agreement, but only as noted below;
NOW, THEREFOR:
The Parties, for and in consideration of the receipt of good and valuable consideration, as
set out more fully herein,agree to amend that certain Agreement executed by the Parties on March
10, 1986, entitled "Public Right-of-Way" as follows:
(a) U.S. Telecom,Inc.,"Sprint", may lay, maintain, operate, replace or remove a
fiber optic communication system(the "System") for the transportation of
communications in,on,under, or across the streets,alleyways and easements as set
forth and situated in the City of Beaumont, Jefferson County, Texas.
(b) Pursuant to Paragraph(w) of the original March 10, 1986, Agreement between
Parties,by January 1, 2011,they were to negotiate a new annual fee per linear foot
of fiber optic cable in the City right-of-way. The original rate, which is in effect
until December 31,2011,is$1.35 per linear foot and the new rate shall be$1.75 per
linear foot, effective January 1, 2014. The new rate shall be effective until
December 31,2015. U.S. Telecom,Inc.,"Sprint" shall have the option to renew
the Agreement for the period from January 1, 2016 until December 31, 2017.
(c) All provisions of the original Right-of-Way Agreement executed by the parties on
March 10, 1986, shall remain and same are in full force and effect.
1
EXHIBIT `A"
IN WITNESS WHEREOF,the City of Beaumont, Texas,has caused these present to be
signed by its City Manager and the seal of the City to be herewith affixed by the City Clerk this the
day of , 2013. Further, U.S. Telecom, Inc.,"Sprint", has caused
this Agreement to be executed by its President.
THE CITY OF BEAUMONT
By: By:
Kyle Hayes, City Manager
ATTEST: ATTEST:
City Clerk
2
FIRST AMENDMENT
PUBLIC RIGHT-OF-WAY USE AGREEMENT
THE STATE OF TEXAS §
COUNTY OF JEFFERSON §
WHEREAS, Ohmstede, LTD, and the City of Beaumont("City"), collectively referred to
as the "Parties," executed a Public Right-of-Way Use Agreement on November 6,2002; and
WHEREAS, the Parties desire to amend such Agreement, but only as noted below;
NOW, THEREFOR:
The Parties, for and in consideration of the receipt of good and valuable consideration, as
set out more fully herein, agree to amend that certain Agreement executed by the Parties on
November 6,2002, entitled"Public Right-of-Way" as follows:
(a) Ohmstede,LTD, may lay, maintain, operate, replace or remove a fiber optic
communication system(the"System") for the transportation of communications in,
on,under,or across the streets,alleyways and easements as set forth and situated in
the City of Beaumont, Jefferson County, Texas.
(b) Pursuant to Paragraph (r) of the original November 6,2002, Agreement between
Parties,by January 1, 2011,they were to negotiate a new annual fee per linear foot
of fiber optic cable in the City right-of-way. The original rate, which is in effect
until December 31,2011,is$1.35 per linear foot and the new rate shall be$1.75 per
linear foot, effective January 1, 2014. The new rate shall be effective until
December 31, 2015. Ohmstede,LTD shall have the option to renew the
Agreement for the period from January 1, 2016 until December 31, 2017.
(c) All provisions of the original Right-of-Way Agreement executed by the parties on
November 6,2002, shall remain and same are in full force and effect.
IN WITNESS WHEREOF,the City of Beaumont, Texas, has caused these present to be
signed by its City Manager and the seal of the City to be herewith affixed by the City Clerk this the
day of , 2013. Further, Ohmstede, LTD,has caused this
Agreement to be executed by its President.
1
EXHIBIT "B"
THE CITY OF BEAUMONT
By: By:
Kyle Hayes, City Manager Ohmstede, LTD
ATTEST: ATTEST:
City Clerk
2
FIRST AMENDMENT
PUBLIC RIGHT-OF-WAY USE AGREEMENT
THE STATE OF TEXAS §
COUNTY OF JEFFERSON §
WHEREAS, Baptist Hospitals of Southeast Texas, and the City of Beaumont ("City"),
collectively referred to as the "Parties," executed a Public Right-of-Way Use Agreement on
September 21,2000; and
WHEREAS, the Parties desire to amend such Agreement, but only as noted below;
NOW, THEREFOR:
The Parties, for and in consideration of the receipt of good and valuable consideration, as
set out more fully herein, agree to amend that certain Agreement executed by the Parties on
September 21,2000, entitled"Public Right-of-Way" as follows:
(a) Baptist Hospitals of Southeast Texas, may lay, maintain, operate, replace or
remove a fiber optic communication system(the"System")for the transportation of
communications in, on,under,or across the streets, alleyways and easements as set
forth and situated in the City of Beaumont, Jefferson County, Texas.
(b) Pursuant to Paragraph(q)of the original September 21,2000,Agreement between
Parties, by January 1, 2011,they were to negotiate a new annual fee per linear foot
of fiber optic cable in the City right-of-way. The original rate, which is in effect
until December 31,2011,is$1.35 per linear foot and the new rate shall be$1.75 per
linear foot, effective January 1, 2014. The new rate shall be effective until
December 31,2015.Baptist Hospitals of Southeast Texas shall have the option to
renew the Agreement for the period from January 1,2016 until December 31,2017.
(c) All provisions of the original Right-of-Way Agreement executed by the parties on
September 21,2000, shall remain and same are in full force and effect.
IN WITNESS WHEREOF, the City of Beaumont, Texas,has caused these present to be
signed by its City Manager and the seal of the City to be herewith affixed by the City Clerk this the
day of , 2013. Further, Baptist Hospitals of Southeast Texas, has
caused this Agreement to be executed by its President.
1
EXHIBIT "C"
THE CITY OF BEAUMONT
By: By:
Kyle Hayes, City Manager Baptist Hospitals
ATTEST: ATTEST:
City Clerk
2
FIRST AMENDMENT
PUBLIC RIGHT-OF-WAY USE AGREEMENT
THE STATE OF TEXAS §
COUNTY OF JEFFERSON §
WHEREAS, Caliber Solutions, and the City of Beaumont ("City"), collectively referred
to as the "Parties," executed a Public Right-of-Way Use Agreement on September 12,2012; and
WHEREAS,the Parties desire to amend such Agreement, but only as noted below;
NOW, THEREFOR:
The Parties, for and in consideration of the receipt of good and valuable consideration, as
set out more fully herein, agree to amend that certain Agreement executed by the Parties on
September 12,2012, entitled"Public Right-of-Way" as follows:
(a) Caliber Solutions, may lay, maintain, operate,replace or remove a fiber optic
communication system(the"System")for the transportation of communications in,
on,under,or across the streets,alleyways and easements as set forth and situated in
the City of Beaumont, Jefferson County, Texas.
(b) Pursuant to Paragraph(r) of the original September 12,2012, Agreement between
Parties,by January 1, 2011,they were to negotiate a new annual fee per linear foot
of fiber optic cable in the City right-of-way. The original rate, which is in effect
until December 31,2011,is$1.35 per linear foot and the new rate shall be$1.75 per
linear foot, effective January 1, 2014. The new rate shall be effective until
December 31, 2015. Caliber Solutions shall have the option to renew the
Agreement for the period from January 1, 2016 until December 31, 2017.
(c) All provisions of the original Right-of-Way Agreement executed by the parties on
September 12,2012, shall remain and same are in full force and effect.
IN WITNESS WHEREOF, the City of Beaumont, Texas,has caused these present to be
signed by its City Manager and the seal of the City to be herewith affixed by the City Clerk this the
day of , 2013. Further, Caliber Solutions,has caused this
Agreement to be executed by its President.
1
EXHIBIT "D"
THE CITY OF BEAUMONT
By: By:
Kyle Hayes, City Manager
ATTEST: ATTEST:
City Clerk
2
FIRST AMENDMENT
PUBLIC RIGHT-OF-WAY USE AGREEMENT
THE STATE OF TEXAS §
COUNTY OF JEFFERSON §
WHEREAS, Qwest Communications Corporation, and the City of Beaumont ("City"),
collectively referred to as the "Parties," executed a Public Right-of-Way Use Agreement on
February 9, 1999; and
WHEREAS,the Parties desire to amend such Agreement, but only as noted below;
NOW, THEREFOR:
The Parties, for and in consideration of the receipt of good and valuable consideration, as
set out more fully herein, agree to amend that certain Agreement executed by the Parties on
February 9, 1999, entitled "Public Right-of-Way" as follows:
(a) Qwest Communications Corporation, may lay, maintain, operate, replace or
remove a fiber optic communication system(the"System")for the transportation of
communications in, on,under, or across the streets,alleyways and easements as set
forth and situated in the City of Beaumont, Jefferson County, Texas.
(b) Pursuant to Paragraph (q)of the original February 9, 1999, Agreement between
Parties, by January 1, 2011,they were to negotiate a new annual fee per linear foot
of fiber optic cable in the City right-of-way. The original rate, which is in effect
until December 31,2011,is$1.35 per linear foot and the new rate shall be$1.75 per
linear foot, effective January 1, 2014. The new rate shall be effective until
December 31, 2015. Qwest Communications Corporation shall have the option
to renew the Agreement for the period from January 1, 2016 until December 31,
2017.
(c) All provisions of the original Right-of-Way Agreement executed by the parties on
February 9, 1999, shall remain and same are in full force and effect.
(d) This amendment shall be applicable to any Public Use Right-of-Way Agreements
that have been assumed by Qwest Communications Corporation.
1
EXHIBIT "E"
IN WITNESS WHEREOF,the City of Beaumont, Texas, has caused these present to be
signed by its City Manager and the seal of the City to be herewith affixed by the City Clerk this the
day of , 2013. Further, Qwest Communications Corporation, has
caused this Agreement to be executed by its President.
THE CITY OF BEAUMONT
By: By:
Kyle Hayes, City Manager
ATTEST: ATTEST:
City Clerk
2
SECOND AMENDMENT
PUBLIC RIGHT-OF-WAY USE AGREEMENT
THE STATE OF TEXAS §
COUNTY OF JEFFERSON §
WHEREAS, CenturyTel Fiber Company II, LLC, "LightCore", and the City of
Beaumont ("City"), collectively referred to as the "Parties," executed a Public Right-of-Way Use
Agreement on October 24,2005; and
Was amended, in part, on November 29, 2011; and
WHEREAS,the Parties desire to amend such Agreement and the First Amendment Public
Right-of-Way Agreement, but only as noted below;
NOW, THEREFOR:
The Parties, for and in consideration of the receipt of good and valuable consideration, as
set out more fully herein, agree to amend that certain Agreement executed by the Parties on
October 24,2005, entitled "Public Right-of-Way Use Agreement' and Amendment to Public
Right-of-Way Use Agreement(hereafter"First Amendment') as follows:
(a) CenturyTel Fiber Company II,LLC, "LightCore",may lay, maintain, operate,
replace or remove a fiber optic communication system(the "System") for the
transportation of communications in,on,under,or across the streets,alleyways and
easements as set forth and situated in the City of Beaumont,Jefferson County,
Texas.
(b) Pursuant to Paragraph(r) of the original October 24,2005, Agreement between
Parties,by January 1, 2011, they were to negotiate a new annual fee per linear foot
of fiber optic cable in the City right-of-way. The original rate, which is in effect
until December 31,2011,is$1.3 5 per linear foot and the new rate shall be$1.75 per
linear foot, effective January 1, 2014. The new rate shall be effective until
December 31, 2015. CenturyTel Fiber Company II,LLC, "LightCore" shall
have the option to renew the Agreement for the period from January 1, 2016 until
December 31, 2017.
(c) All provisions of the original Right-of-Way Agreement executed by the parties on
October 24,2005, shall remain and same are in full force and effect.
1
EXHIBIT "F"
(d) This amendment shall also be applicable to the Right-Way-Agreement between
Parties executed on June 28,2004 via City Council resolution 04-132 and
amended, in part, on September 15,2004 via City Council resolution 04-190.
IN WITNESS WHEREOF,the City of Beaumont, Texas, has caused these present to be
signed by its City Manager and the seal of the City to be herewith affixed by the City Clerk this the
day of , 2013. Further, CenturyTel Fiber Company II, LLC,
"LightCore", has caused this Agreement to be executed by its President.
THE CITY OF BEAUMONT
By: By:
Kyle Hayes, City Manager
ATTEST: ATTEST:
City Clerk
2
FOURTH AMENDMENT
PUBLIC RIGHT-OF-WAY USE AGREEMENT
THE STATE OF TEXAS §
COUNTY OF JEFFERSON §
WHEREAS, Network USA, LLC, and the City of Beaumont ("City"), collectively
referred to as the "Parties," executed a Public Right-of-Way Use Agreement on September 20,
2005; and
Was amended, in part, on November 18, 2010, March 19,2013, and on June 4, 2013; and
WHEREAS, the Parties desire to amend such Agreement, the First Amendment, the
Second Amendment and the Third Amendment Public Right-of-Way Agreements, but only as
noted below;
NOW, THEREFOR:
The Parties, for and in consideration of the receipt of good and valuable consideration, as
set out more fully herein, agree to amend that certain Agreement executed by the Parties on
September 20,2005, entitled"Public Right-of-Way" and First Amendment Public Right-of-Way
Use Agreement, Second Amendment Public Right-of-Way Use Agreement, and Third
Amendment Public Right-of-Way Use Agreement(hereafter"First Amendment," "Second
Amendment"and"Third Amendment") as follows:
(a) Network USA, LLC, may lay,maintain, operate, replace or remove a fiber optic
communication system(the"System")for the transportation of communications in,
on, under, or across the streets, alleyways and easements as set and situated in the
City of Beaumont, Jefferson County, Texas.
(b) Pursuant to Paragraph(r) of the original September 20,2005,Agreement between
Parties,by January 1, 2011,they were to negotiate a new annual fee per linear foot
of fiber optic cable in the City right-of-way. The original rate, which is in effect
until December 31,2011,is$1.35 per linear foot and the new rate shall be$1.75 per
linear foot, effective January 1, 2014. The new rate shall be effective until
December 31, 2015. Network USA,LLC shall have the option to renew the
Agreement for the period from January 1, 2016 until December 31, 2017.
1
EXHIBIT "G"
(c) All provisions of the original Right-of-Way Agreement executed by the
parties on September 20,2005, and First Amendment on November 18,
2010, and Second Amendment on March 19, 2013 and Third Amendment
on June 4, 2013 shall remain and same are in full force and effect.
IN WITNESS WHEREOF, the City of Beaumont, Texas, has caused these present to be
signed by its City Manager and the seal of the City to be herewith affixed by the City Clerk this the
day of , 2013. Further, Network USA, LLC, has caused this
Agreement to be executed by its President, James R. Davis .
THE CITY OF BEAUMONT
By: By:
Kyle Hayes, City Manager James R. Davis, President
ATTEST: ATTEST:
City Clerk
2
C
RICH WITH OPPORTUNITY
BEAUMO'K*
T • B • X • A • s City Council Agenda Item
TO: City Council
FROM: Kyle Hayes,City Manager
PREPARED BY: Patrick Donart:Public Works Director
MEETING DATE: July 23,2013
REQUESTED ACTION: Council consider a resolution authorizing the acceptance of
property at 1430 Madison Avenue for the Madison Street
Project
BACKGROUND
As part of the Madison Street Project,a portion of property is needed for the project. The
property is needed for the increased turning radius required by large truck traffic to safely make
right turns from Madison Street onto Sycamore Street. Brystar Contracting completed the work
necessary for the turn and the project was presented to and accepted by City Council on July 16,
2013.
The owner of the property listed below,has agreed to donate its property to the City:
Owner: ExxonMobil Oil Corporation
Description: 0.0148 acre Tract or Parcel of Land Out of and Part of Lots 10 and
11,Block 13,Oakwood Addition
Location: 1430 Madison Avenue
Southwest Corner of Madison Avenue&Sycamore Street
FUNDING SOURCE
Not Applicable.
RECOMMENDATION
Approval of resolution.
RESOLUTION NO.
WHEREAS, ExxonMobil Oil Corporation, has agreed to donate property located at
1430 Madison Avenue, as described in Exhibit "A" and shown on Exhibit "B," attached
hereto, to the City of Beaumont for the Madison Street Project and,
WHEREAS, the City Council has considered the donation of said tract and is of the
opinion that the delivery and receipt of said tract 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 donation of the above described property donated by ExxonMobil Oil
Corporation is hereby in all things accepted.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 23rd day of July,
2013.
- Mayor Becky Ames -
NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY
REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM THIS
INSTRUMENT THAT TRANSFERS AN INTERST IN REAL PROPERTY BEFORE IT IS
FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR
DRIVER'S LICENSE NUMBER
THE STATE OF TEXAS X
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF JEFFERSON X
SPECIAL WARRANTY DEED
That, EXXONMOBIL OIL CORPORATION, a New York corporation, domiciled in the
County of Jefferson, State of Texas, hereinafter called GRANTOR for and in consideration of
the sum of TEN AND NO/100 ($10.00) DOLLARS and other good and valuable consideration,
to it in hand paid by the City of Beaumont, a municipal corporation, domiciled in Jefferson
County, Texas, hereinafter called GRANTEE, for the conveyance of the hereinafter described
property, the receipt and sufficiency of which is hereby acknowledged and confessed, has
GRANTED, SOLD and CONVEYED, subject to the reservations and exceptions hereinafter
made, and by these presents does GRANT, SELL and CONVEY unto the said CITY OF
BEAUMONT, P. O. Box 3827, Beaumont, Texas 77704, and to its successors and assigns
forever the property described in Exhibit "A & B", attached hereto and made apart hereof for
all purposes.
GRANTOR does hereby except and reserve from this conveyance unto herself, her
successors and assigns, forever, all of the oil, gas, and sulphur in and under the land herein
conveyed but waives all rights of ingress and egress to the surface thereof for the purpose of
exploring, developing,mining or drilling for same.
This conveyance is expressly made subject to all zoning laws and to restrictions,
covenants, conditions, easements and mineral and/or royalty reservations, if any, effecting the
property. TO HAVE AND TO HOLD the above described premises together with all and
EXHIBIT "A"
singular the rights and appurtenances thereto and in any wise belonging, unto the said
GRANTEE and GRANTEE'S successors and assigns, forever; and said GRANTOR binds
herself and her successors and assigns to warrant and forever defend all and singular the said
premises unto the said GRANTEE and GRANTEE'S successors or assigns, against every person
lawfully claiming or to claim all or any part of the property, subject to the provisions stated
above, when the claim is by, through, or under GRANTOR but not otherwise.
EXECUTED this the day of , 2013.
EXXONMOBIL OIL CORPORATION,
a New York Corporation
By:
Name:
Title:
ACKNOWLEDGMENT
STATE OF TEXAS
COUNTY OF
The foregoing instrument was acknowledged before me this day of ,
2013 by , as of EXXONMOBIL
OIL CORPORATION, a New York Corporation, known to me to be the person and officer
whose name is subscribed to the foregoing instrument and acknowledged to me that the same
was the act on behalf of said EXXONMOBIL OIL CORPORATION, that he executed the same
for the purpose and consideration expressed and in the capacity stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE,this day of , 2013.
Notary Public
Print Name:
RETURN TO:City of Beaumont
c/o Antoinette Hardy
P. O. Box 3827
Beaumont, TX 77704
EXHIBIT "A"
Legal Description: 0.0148 Acre Tract or Parcel of Land
Out of and Part of Lots 10 and 11,Block 13
Oakwood Addition
Volume 4,Page 67,Map Records
David Brown Survey, Abstract No. 5
Beaumont,Jefferson County,Texas
BEING a 0.0148 acre tract or parcel of land situated in the David Brown Survey,Abstract No. 5,
Jefferson County, Texas and being out of and part of Lots 10 and 11, Block 13 of Oakwood
Addition, a subdivision of the City of Beaumont, Jefferson County;Texas, according to the plat
thereof recorded in Volume 4, Page 67, Map Records, Jefferson County, Texas and being out
and part of that certain tract of land being called the North One Hundred feet of Lot Number
Eleven and the North One Hundred feet of the East Forty-Eight and Seventeen One-hundreths
feet of Lot Ten(N. 100' of 1 I and N. 100'of E. 48.17' of 10) in Block Number Thirteen(13)of
Oakwood Addition as described in a"General Warranty Deed" from Eva Batiste to ExxonMobil
Oil Corporation as recorded in Clerk`s File No. 2013015100, Official Public Records of Real
Property, Jefferson County, Texas, said 0.0148 acre tract being more particularly described as
follows:
NOTE.: All bearings are based on the assumed bearing of NORTH 90°00'00"
EAST referenced to the South right-of-way line of Madison Avenue.
COMMENCING at a 1/2" iron rod found for the Southeast comer of the said ExxonMobil Oil
Corporation tract, said corner being in the East line of the said Lot 11 and the West right-of-way
line of Sycamore Street(based on a width of 60 feet);
THENCE NORTH 00°13'40" WEST, along and with the East line of the said Lot I1 and the
West right-of-way line of Sycamore Street, for a distance of 45.46 feet to a 5/8" iron rod with an
aluminum cap stamped "City of Beaumont R.O.W. Monument" set for the most Southerly corner
and the POINT OF BEGINNING of the tract herein described, said corner also being the
beginning of a curve turning to the left having a radius of 55.00 feet and being subtended by a
chord bearing NORTH 45 006'50" WEST with a chord length of 77.63 feet;
THENCE NORTHWESTERLY, along and with said curve and the proposed right-of-way of
Madison Avenue and over and across the said Lot I 1 and 10, for an arc length of 86.18 feet to an
5/8" iron rod with a aluminum cap stamped "City of Beaumont R.O.W. Monument" set for
comer, said comer being in the North line of the said Lot 10 and the South right-of-way line of
Madison Avenue(based on a width of 60 feet);
THENCE NORTH 90 000'00" EAST, along and with the existing South right-of-way line of
Madison Avenue and the North line of the said Lot 10, passing at a distance of 2.98 feet a 1/2"
iron pipe found for the Northeast corner of the said Lot 10 and the Northwest corner of the said
Lot 11, and continuing along and with the existing South right-of-way line of Madison Avenue
and the North line of the said Lot 1 I for a total distance of 54.78 feet to a point for corner, said
comer being the Northeast corner of the said Lot I I and the intersection of the existing South
right-of-way line of Madison Avenue and the existing West right-of-way line of Sycamore
Street;
EXHBIT"A"
PaeIof2
HARK W 9711'TELEYAND ASSOCIATES,INC
THENCE SOUTH 00°13'40" EAST, along and with the East line of the said Lot 11 and the
existing West right-of-way line of Sycamore Street, for a distance of 54.78 feet to the POINT
OF BEGINNING and containing 0.0148 Acres,more or less.
Surveyed on July 12,2013. This legal description is being submitted along with a plat based on
this survey(see EXHIBIT"B").
OF
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Thomas S. Rowe, RPLS No. 5728 •"' " 5128 ��4
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W'12013113fi1 8V13-618m&b.doc U
EXHBIT"A"
Page 2 of 2
AIARK W. NU/tTELEPANDAV50CIATES,INC.
CURVE RADIUS ARC LENGTH CHORD LENGTH CHORD BEARING DELTA ANGLE
C 1 55.00' 86.18' 77.63' IN 45'06'49.8' W 89'46'20'
MADISON AVENUE
REFERENCE BEARING ASSUMED (60' ROW) (=51.80
(CALL 300.00') FND N90'00'00'E 51.80'
FND N90'00'00"E 300.13' SET 5/8'Y � CORNER
1. ROD L1
FND 5/8'
L ROD CORNER I FND N90'00'00'E DPIi�E• ti�6�
2.98'
FND 0.0148
vol 5 015 6'a Vol 9 �o �'� ACRES
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p0B
F o N. 100' OF LOT 11 k g� 5//8" H
° ,° N. 100'' OF THE E. 48.17' OF 10 L R15D
�'a o BLOCK 13
EXXONMOBIL OIL CORPORATION g
N CF NO. 2013015100
4; ti OPRJC vol E-
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S. 40' OF LOT 11, S 40' OF THE
j E 48.17' & 100FT OF LOT 10
CAPITAL ENTERPRISE, D64 MRS. SHANNON DENARD
CF NO. 2011010170
OPRJC
�T lam
ALL SET 518"IRON RODS SET WITH AN ALUMINUM THIS SURVEY WAS PERFORMED °
CAP STAMPED Y OF BEAUMONT R.O.W. MONUMENT" WITHOUT BENEFIT OF CURRENT Z
CIT
TITLE COMMITMENT.
4
EXISTING AKING RF464IN/NG BOUNDARY SURVEY ONLY,
ACRES ACRES ACRES EASEMENTS IF ANY NOT
RESEARCHED OR SHOWTI,
0.2300 0.0148 0.2152 WITH THE EXCEPTION OF
THOSE PLATTED. FU LTON AVENUE LINE BEARING DISTANC (60' ROW)
L 1 N 90'00 00 E 54.78
L2 S 00'13 39 E 54.78 FND 1/2"
TO THE OWNERS OF THE PREMISES SURVEYED I. ROOD
AS OF THE DATE OF THE SURVEY
COL
r D0 HEREBY COW THAT THIS SURVEY WbtS TIES DAY E HIB IT "E"
I POWN IHE 3711 ACE OF THE=UND OF n E PROPERTY LO ALLY LY Df5CRr8ED
HEREON AND CORRECRY RU WESENTS THE FACTS FOUND AT THE TIME REFER TO EXHIBIT A"
OF THE SURVEY. FOR LEGAL DESCRIPTION
DATE SURVEYED• JUtY 12, 2013 'OF
P� or•° �R PARCEL PLAT
SNOWING'
...:« 0.0148 ACRE TRACT OR PARCEL OF LAND
DAVID BROWN SURVEY, ABSTRACT NO. 5
q p+! JEFFERSON COUNTY, TEXAS
N ash SCALE I'= 30' JULY 2013
THOMAS S. WK - WGWTERED PRn=NAL MMQMEOW-5728 JOB# W.•\201J\13-618\ 13-618.DK\aF
EXHIBIT "B"
RICH WITS OtrOATONITT
Blfu
EAURO,N*
T * 9 * X * A *
REGULAR MEETING OF THE CITY COUNCIL
COUNCIL CHAMBERS JULY 23,2013 1:30 P.M.
AGENDA
CALL TO ORDER
* Invocation Pledge Roll Call
* Presentations and Recognition
* Public Comment: Persons may speak on scheduled agenda item No. 5/Consent
Agenda
* Consent Agenda
GENERAL BUSINESS
1. Consider an ordinance approving a zone change from RS (Residential Single
Family Dwelling) District to GC-MD (General Commercial-Multiple Family
Dwelling)District or a more restrictive district, and a specific use permit for a tree
service facility at 6640 Concord Road
2. Consider an ordinance approving a specific use permit to allow construction of a
cellular telecommunications tower in a GC-MD (General Commercial-Multiple
Family Dwelling)District at 2120 Sabine Pass Avenue
3. Consider an ordinance approving a specific use permit to allow an office and
manager's living area in an RCR(Residential Conservation and Revitalization)
District at 1616 Sabine Pass Avenue
4. Consider an ordinance approving a specific use permit to allow an eating and
drinking place to be located in an existing unoccupied building in a GC-MD
(General Commercial-Multiple Family Dwelling)District at 7150 Eastex Freeway
5. Consider rescinding Resolution Number 13-117 and approve a new resolution
authorizing the City Manager to enter into a contract with Spindletop Housing
Corporation
WORK SESSION
* Review and discuss increasing various fees at the Henry Homberg Golf Course
COMMENTS
* Councilmembers/City Manager comment on various matters
* Public Comment(Persons are limited to 3 minutes)
Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or
services are requested to contact Mitchell Normand at 880-3777 three days prior to the meeting.
1
July 23,2013
Consider an ordinance approving a zone change from RS (Residential Single Family Dwelling)
District to GC-MD(General Commercial-Multiple Family Dwelling)District or a more restrictive
district, and a specific use permit for a tree service facility at 6640 Concord Road
RICH WITH OPPORTUNITY
REAUMDN*
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: July 23, 2013
REQUESTED ACTION: Council consider an ordinance approving a zone change from
RS (Residential Single Family Dwelling) District to GC-MD
(General Commercial-Multiple Family Dwelling) District or a
more restrictive district, and a specific use permit for a tree
service facility at 6640 Concord Road.
BACKGROUND
Charles W. Morris has applied for a zone change and specific use permit.
Concord Road is currently under construction for expansion. This site is in a transitional area of the
City. The property is located to the north and east of Concord. Across the street is a large commercial
operation, and the parcel to the south and east of the site was rezoned relatively recently to allow for
commercial uses. With the expansion of Concord Road,the trend for properties in the area is going to
continue to be towards commercial type uses. Mr. Morris has indicated that he will construct a fence
and install landscaping as a buffer to adjacent high-density residential uses in the area, and will
construct parking for the site in accordance with Transportation Division requirements.
Mr. Morris applied for a zone change back in 2000. That request was denied by the City Council.
Given the continued commercialization of this area, Mr. Morris is making this request again.
At a Joint Public Hearing held July 15, 2013,the Planning Commission recommended 7:0 to
approve a zone change from RS (Residential Single Family Dwelling)District to GC-MD (General
Commercial-Multiple Family Dwelling)District and a specific use permit for a tree service facility at
6640 Concord Road.
FUNDING SOURCE
Not applicable.
RECOMMENDATION
Approval of ordinance.
Environmental Tree Service
6640 Concord Rd.
Beaumont,Texas 77708
409-898-4576
To Whom This May Concern,
Please .consider my request to re-zone my property in order to run a business without violating zoning
ordinances.The proposed uses and activities for the property will be Tree Care and Firewood business.
I also will be parking our Commercial equipment at proposed site.There will be fencing and Landscaping
around outside of property as well. Please,consider my request for re-zoning my property to GC-MD
w/specific use for my Tree Care Service.
Thank you,
Certified Arborist
Charles W. MO
Environmental Tree Service
6640 Concord Rd.
Beaumont,Texas 77708
409-898-4576
8—Zoning Ordinance Requirements
1. The Specific use of the property will be to park commercial vehicles and run a Tree Service. It
will not impair any surrounding property value.
2. The normal and everyday Business directives will be operated in a professional and orderly
manner as to not impede the development of surrounding vacant property.
3&4. If needed,there will be adequate lights and extra entrances and exits added to existing
property in the future.As of now it is not needed.
S.All debri associated with the Tree Service will be kept inside proposed fences.
6.Any lights added to property will be directed toward the property.
7.There will be shrubbery planted along edge of fence for screening and buffers.
8.All buildings and areas proposed for development is on site plan.
-- - PROPOSED 10' HIGH SOLID WOOD
183.41
. __..-_-' - - ___ _---_____/_. ' FENCE WITH WAXLEAF LUGUSTRUME
PLANTED AT ALL PROPERTY LINES
50M,
30'X30'WOOo j WITH NEW WOODEN GATE AT EXISTING
ABANDONED RAIL ROAD R 0.W i STORAGE AREA
j 1 DRIVEWAY
o 24'
24' �L
Y
1
O 'O 9
i
go EXISTING
EXISTING
N
10 X 20 S'T'ORAGE, � !� -° --_.__� -
9'
- 1 52' i
�
9` -
_ ---�- ,
22.5'
76.67,
106.87' - p
o '
14% - ' '�00', cS�', � He PARKING
6.78► y PER CITY CODE
-__ ----->;__-___ _ '--- Wl SIGN
222.67'
EXISTING SFD — - -- - EXISTING CULVERTS AT EXISTING DRIVWWAY
LEGAL
PLAT RS1 TRACT 64C OWNER:
THOMAS SPEAR MR & MRS CHUCK MORRIS
SITE PLAN ABSTRACT 50 BMT. 6640 CONCORD ROAD
SCALE====1 "=========30' JEFERSON COUNTY BEAUMONT, TEXAS
TEXAS
ORDINANCE NO.
ENTITLED AN ORDINANCE AMENDING CHAPTER 28 OF
THE CODE OF ORDINANCES OF BEAUMONT,TEXAS,AND
IN PARTICULAR THE BOUNDARIES OF THE ZONING
DISTRICTS, AS INDICATED UPON THE ZONING MAP OF
BEAUMONT, TEXAS, BY CHANGING THE ZONING OF
PROPERTY PRESENTLY ZONED RS (RESIDENTIAL
SINGLE FAMILY DWELLING) DISTRICT TO GC-MD
(GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING)
DISTRICT OR MORE RESTRICTIVE DISTRICT FOR
PROPERTY LOCATED AT 6640 CONCORD ROAD,
BEAUMONT, JEFFERSON COUNTY, TEXAS; PROVIDING
FOR SEVERABILITY; PROVIDING FOR REPEAL AND
PROVIDING A PENALTY.
BE IT ORDAINED BY THE CITY OF BEAUMONT:
Section 1.
That Chapter 28 of the Code of Ordinances of Beaumont, Texas, and in particular
the boundaries of the zoning districts, as indicated upon the Zoning Map of the City of
Beaumont, referred to in Section 28.01.005(b)thereof, is hereby amended by changing the
zoning of property presently zoned RS (Residential Single Family Dwelling) District to GC-
MD (General Commercial-Multiple Family Dwelling) District or more restrictive district for
property located at 6640 Concord Road, being Tract 64-C, Plat RS-1 of the Thomas Spear
Survey AB-40, City of Beaumont, Jefferson County, Texas, containing 1.009 acres, more
or less, as shown on Exhibit "A," attached hereto, and the official zoning map of the City
of Beaumont is hereby amended to reflect such changes.
Section 2.
That, in all other respects, the use of the property herein above described shall be
subject to all of the applicable regulations of the underlying zoning district as well as those
regulations contained in Chapter 28 of the Code of Ordinances of Beaumont, Texas, as
amended.
Section 3.
That if any section, subsection, sentence, clause of phrase of this ordinance, or the
application of same to a particular set of persons or circumstances, should for any reason
be held to be invalid, such invalidity shall not affect the remaining portions of this
ordinance, and to such end, the various portions and provisions of this ordinance are
declared to be severable.
Section 4.
That all ordinances or parts of ordinances in conflict herewith are repealed to the
extent of the conflict only.
Section 5.
That any person who violates any provision of this ordinance shall, upon conviction,
be punished, as provided in Section 1.01.009 of the Code of Ordinances of Beaumont,
Texas.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 23rd day of July,
2013.
- Mayor Becky Ames -
File 2175-Z/P: Request for a zone change from RS (Residential Single Family Dwelling) N
District to GC-MD (General Commercial-Multiple Family Dwelling) District or more
restrictive district, and a specific permit for a tree service facility.
Location: 6640 Concord Road
Applicant: Charles W. Morris
0 100 200
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EXHIBIT "A"
ORDINANCE NO.
ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE
PERMIT TO ALLOW A TREE SERVICE FACILITY IN A GC-
MD (GENERAL COMMERCIAL-MULTIPLE FAMILY
DWELLING) DISTRICT AT 6640 CONCORD ROAD IN THE
CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS.
WHEREAS, Charles W. Morris has applied for a specific use permit to allow a tree
service facility in a GC-MD(General Commercial-Multiple Family Dwelling)District at 6640
Concord Road, being Tract 64-C, Plat RS-1 of the Thomas Spear Survey AB-40, City of
Beaumont, Jefferson County, Texas, containing 1.009 acres, more or less, as shown on
Exhibit "A," attached hereto; and,
WHEREAS, the Planning and Zoning Commission of the City of Beaumont
considered the request and is recommending approval of a specific use permit to allow
a tree service facility in a GC-MD (General Commercial-Multiple Family Dwelling) District
at 6640 Concord Road; and,
WHEREAS, the City Council is of the opinion that the issuance of such specific use
permit is in the best interest of the City of Beaumont and its citizens;
NOW, THEREFORE, BE IT ORDAINED
BY THE CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the statements and findings set out in the preamble to this ordinance are hereby, in
all things, approved and adopted; and,
Section 1.
That a specific use permit to allow a tree service facility in a GC-MD (General
Commercial-Multiple Family Dwelling) District at 6640 Concord Road, being Tract 64-C,
Plat RS-1 of the Thomas Spear Survey AB-40,City of Beaumont,Jefferson County,Texas,
containing 1.009 acres, more or less, as shown on Exhibit"A," attached hereto, is hereby
granted to Charles W. Morris, his 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 23rd day of July,
2013.
- Mayor Becky Ames -
File 2175-Z/P: Request for a zone change from RS (Residential Single Family Dwelling) N
District to GC-MD (General Commercial-Multiple Family Dwelling) District or more
restrictive district, and a specific permit for a tree service facility.
Location: 6640 Concord Road
Applicant: Charles W. Morris
- 0 100 200
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EXHIBIT EXHIBIT "A"
- - - PROPOSED 10' HIGH SOLID WOOD
1 $3.41 FENCE WITH WAXLEAF LUGUSTRUME
- i -
i PLANTED AT ALL PROPERTY LINES
'ABdNDDNEDRAILROAD t flA,N, { 30'X30'w000 WITH NEW WOODEN GATE AT EXISTING
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- _=� -_---- --._--- -
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PLAT RS1 TRACT 64C OWNER:
THOMAS SPEAR MR & MRS CHUCK MORRIS
SITE PLAN ABSTRACT 50 BMT. 6640 CONCORD ROAD
SCALE==--1 "====_ =30' JEFERSON COUNTY BEAUMONT, TEXAS
TEXAS
2
July 23,2013
Consider an ordinance approving a specific use permit to allow construction of a cellular
telecommunications tower in a GC-MD(General Commercial-Multiple Family Dwelling)District
at 2120 Sabine Pass Avenue
RICH WITH OPPORTUNITY
BEAUMON*
T • E • X • A • S City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Chris Boone, Community Development Director
MEETING DATE: July 23, 2013
REQUESTED ACTION: Council consider an ordinance approving a specific use permit
to allow construction of a cellular telecommunications tower in
a GC-MD (General Commercial-Multiple Family Dwelling)
District at 2120 Sabine Pass Avenue.
BACKGROUND
Cody Cogdill, on behalf of Verizon Wireless, Inc. has applied for a specific use permit.
The cellular telecommunications tower would have a significant impact on cell service and coverage
in the area, including downtown and the port and nearby industrial areas. These areas have heavy
usage,particularly with data usage, and this is expected to increase.
The proposed lease area for the construction of the cellular telecommunications tower is too close to
residentially zoned property. The ordinance states:
Cellular telephone transmission towers shall be prohibited within two hundred (200) feet of a
residentially zoned property. The method of measuring the distance between the cellular telephone
transmission tower and the residential zoning district shall be from the nearest lease or property line
of the cellular telephone transmission tower facility to the nearest residential district boundary.
(Chapter 28 Section 28.04.008 Special Conditions (b)(24).
There is sufficient space on the property to locate the cellular telecommunicaitons tower within the
200' required distance. Staff is recommending that this layout be a condition of approval.
At a Joint Public Hearing held July 15, 2013,the Planning Commission recommended 7:0 to
approve a specific use permit to allow construction of a cellular telecommunications tower in a
GC-MD (General Commercial Multiple Family Dwelling) District at 2120 Sabine Pass Avenue,
subject to the following condition:
1. That the proposed lease property be situated on the site such that it does not come within
200' of the property line of any residential zone.
FUNDING SOURCE
Not applicable.
RECOMMENDATION
Approval of ordinance subject to the following condition:
1. That the proposed lease property be situated on the site such that it does not come within
200' of the property line of any residential zone.
Letter to the Planning Commission and City Council along with the 8
SUP Conditions for 2120 Sabine Pass Ave., Beaumont, TX 77701
See attached letter from Arun Kulkarni:
1. That the specific use will be compatible with and not injurious to the use and enjoyment
of other property,or will significantly diminish or impair property values within the
immediate vicinity; The proposed Cell Tower will NOT injure or reduce the enjoyment
of the surrounding properties and nor will it significantly diminish or impair the
property values with the immediate vicinity. The Cell Tower will add Verizon Wireless
coverage for families that come to enjoy the Charlton-Pollard Park and could assist the
small home base businesses In the area that uses the Verizon Wireless Data services.
2. That the establishment of the specific use will not impede the normal and orderly
development and improvements of the surrounding vacant property; The proposed
Cell Tower will NOT impede the normal orderly development and improvements of
the surrounding property. It is our belief that the Cell Tower will assist in the
development by adding additional safety for homes and small businesses that are
moving away from home phones and DSL as to not have two separate phone or data
services. In some cases the lack of having adequate cell coverage can be dangerous to
the residents and emergency services.
3. That adequate utilities, access roads, drainage and necessary supporting facilities have
been or will be provided; The Cell Site will not use anymore utilities than a normal
house would. The facility will also use existing concrete drives for access and parking
for cell techs to maintain the site. Current drainage will not be affected.
4. The design, location,and arrangements of all driveways and parking spaces provides for
the safe and convenient movement of vehicular and pedestrian traffic without adversely
affecting the general public or adjacent development; Typical cell site maintenance will
only require one to two cell techs at any given time and there is adequate parking
provided as to not block existing sidewalks or streets.
S. That adequate nuisance prevention measures have been or will be taken to prevent or
control offensive odor,fumes, dust, noise and vibrations; There will be no offensive
odors,fumes,dust,noise or vibrations from the Cell Tower.
6. That the directional lighting will be provided so as not to disturb or adversely affect
neighboring properties; lighting at the facility will only be used if any service repairs
are done at night and even then is it minimal. Lighting is directed at the equipment
being worked on.
7. That there are sufficient landscaping and screening to insure harmony and compatibility
with adjacent properties; Chain link fencing will be installed.
8. That the proposed use is in accordance with the Comprehensive Plan. This is in a
Conservation and Revitalization area and would be in accordance with the
Comprehensive Plan.
Arun Kulkarni
RF Engineer
Verizon Wireless
Houston,TX •
Date:17th May 2013
This letter is to request construction of a Verizon cellular communication tower"DUNBAR-HGCE-TX" at
2120 Sabine Pass Ave Beaumont, TX for the purpose of 4G LTE coverage for the SE areas of Downtown
Beaumont.This cell-site will enhance coverage for SML King Jr. Parkway,Washington Ave,Harbor Island,
Smith Island and surrounding Industrial plants. This area has heavy data usage on the existing sites of
Downtown Beaumont,Isabel and Forsythe.Adding the new tower Dunbar will alleviate the traffic on the
existing site and provide greater quality of service for Verizon customers in the area.
Thanks,
Arun Kulkarni.
14123 Cicero Drive
Houston,TX 77095
Tel:832-405-8781
ORDINANCE NO.
ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE
PERMIT TO ALLOW CONSTRUCTION OF A CELLULAR
TELECOMMUNICATIONS TOWER IN A GC-MD (GENERAL
COMMERCIAL-MULTIPLE FAMILY DWELLING) DISTRICT
AT 2120 SABINE PASS AVENUE IN THE CITY OF
BEAUMONT, JEFFERSON COUNTY, TEXAS.
WHEREAS, Verizon Wireless, Inc., by and through its representative Cody Cogdill,
has applied for a specific use permit to allow construction of a cellular telecommunications
tower in a GC-MD (General Commercial-Multiple Family Dwelling) District at 2120 Sabine
Pass Avenue, being Lot 6, Block 2, of the Gray Addition, City of Beaumont, Jefferson
County, Texas, containing 0.450 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
construction of a cellular telecommunications tower in a GC-MD (General Commercial-
Multiple Family Dwelling) District at 2120 Sabine Pass Avenue, subject to the following
condition:
• That the proposed lease property be situated on the site such that it does not
come within 200' of the property line of any residential zone.
;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 construction of a cellular telecommunications
tower in a GC-MD (General Commercial-Multiple Family Dwelling) District at 2120 Sabine
Pass Avenue, being Lot 6, Block 2, of the Gray Addition, City of Beaumont, Jefferson
County, Texas, containing 0.450 acres, more or less, as shown on Exhibit "A," attached
hereto, is hereby granted to Verizon Wireless, Inc., its legal representatives, successors
and assigns, as shown on Exhibit "B," attached hereto and made a part hereof for all
purposes, subject to the following condition:
• That the proposed lease property be situated on the site such that it does not
come within 200' of the property line of any residential zone.
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 23rd day of July,
2013.
- Mayor Becky Ames -
File 2177-P: Request for a specific use permit to allow construction of a cell tower in a GC- N
(General Commercial—Multiple-Family Dwelling) District.
Location: 2120 Sabine Pass Avenue
Applicant: Cody Cogdill, on behalf of Verizon Wireless
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• Approval of ordinance subject to the following condition:
1. That the proposed lease property be situated on the site such that it does not come within
200' of the property line of any residential zone.
3
July 23,2013
Consider an ordinance approving a specific use permit to allow an office and manager's living area
in an RCR(Residential Conservation and Revitalization)District at 1616 Sabine Pass Avenue
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 6�CS
MEETING DATE: July 23, 2013
REQUESTED ACTION: Council consider an ordinance approving a specific use permit
to allow an office and manager's living area in an RCR
(Residential Conservation and Revitalization) District at 1616
Sabine Pass Avenue.
BACKGROUND
Rosetta Jones, owner of Statewide Consolidated Community Development Corporation, Inc., has
applied for a specific use permit.
The proposed use is in a residential area and the building is currently unoccupied. The applicant
requested a specific use permit in 2003,and an additional application was made in 2010.Both specific
use permits are currently expired due to the fact that no certificate of occupancy was issued.
The applicant has asked for a waiver of the fencing and landscaping buffer requirements. Staff feels
that the fencing is an appropriate privacy and security buffer between the proposed use and other
properties in the area and is recommending that this remain a condition of approval. The applicant has
also requested that the rear structure be utilized as an apartment. However, accessory or garage
apartments are a permitted as of right use in this zoning district,so no special permission is necessary.
At a Joint Public Hearing held July 15, 2013, the Planning Commission recommended 7:0 to
approve a specific use permit to allow an office and manager's living area in an RCR(Residential
Conservation and Revitalization) District at 1616 Sabine Pass Avenue, subject to the following
conditions:
1. That an 8' wood screening fence be installed along side and rear property lines.
2. That the owner work with the City's Transportation Division to determine adequate
parking for the rear apartment and manager's living space.
3. In the future, if any business is to be run out of this location, the applicant must come
back before the Commission for a separate specific use permit.
FUNDING SOURCE
Not applicable.
RECOMMENDATION
Approval of ordinance subject to the following conditions:
1. That an 8' wood screening fence be installed along side and rear property lines.
2. That the owner work with the City's Transportation Division to determine adequate
parking for the rear apartment and manager's living space.
3. In the future, if any business is to be run out of this location,the applicant must come
back before the Commission for a separate specific use permit.
STATEWIDE CONSOLIDATED
C ITY DEVELOPMENT CORPORATION, INC.
Peoy� HCOM PeoyV
June 17, 2013
The Planning Commission of the City Council
City of Beaumont
801 Main Street, Room 201
Beaumont, TX 77702
RE: WAIVER REQUEST TO SPECIFIC USE PERMIT FOR THE PROPERTY LOCATED
AT 1616 SABINE PASS
Dear Sir or Madam:
This request is to ask for a waiver on items listed in the specific use permit issued
at the meeting of November 02, 2010, City Council approved 2058-P subject to
the following conditions:
1. An 8' wood screening fence must be installed along the north and west
property lines of the lot at 1608 Sabine Pass
2. A 6' wide landscape strip must be installed along the parking lot
frontage along Sabine Pass
3. Provide 19 parking spaces
and with a modification to the landscape requirement along the north and west
property lines of the lot at 1608 Sabine Pass (no landscape strip). A copy of
ORDINANCE NO.10-088 is attached. A copy of the specific use permit is attached.
On December 01, 2010, Statewide was issued a permit to renovate the building
located1616 Sabine Pass to serve as an office and storage building for Statewide.
P.O.Box 1008,Beaumont,Texas 77704 (409) 832-6161 FAX (409) 833-1166 Pager(409) 757-8086
Statewide Consolidated Community Development Corporation, Inc (Statewide) is
a private non-profit, tax-exempt, charitable organization, which helps individual
and families who are low and moderate income achieve the American Dream of
homeownership and rental housing for Section 8 Tenants. Statewide also
provides affordable housing for developmentally disabled individuals as well as
employment.
Since its inception in 1996, Statewide has administered approximately two million
($2,000,000) in HOME and CDBG funds contracted with the City of Beaumont.
One of our purposes is to provide decent, safe, sanitary and affordable housing in
the City of Beaumont for families of low and moderate income who otherwise
would not be able to find or afford a suitable place to live. In 2006, using HUD
grant funds, Statewide designed and constructed a 14 unit duplex housing facility
of Lucas Street named Villa De Lucas, Inc. to provide subsidized housing for
developmentally disabled individuals.
Statewide is comprised of a minority female professional who aggressively seek
solutions to the problems in their communities and have the ability to mobilize
support and provide technical skills required for all types of community
development activities. Statewide is driven by its vision of economically
empowering community residents.
Since Hurricanes Rita and Ike, Statewide has identified a class of people who are
underserved in housing. Statewide is focus on improving the self-sufficiency
status of the city's indigent resident, improving the community's housing
conditions and the community's physical appearance. Statewide services are
fundamentally necessary for disabled individuals to assist them in the
procurement of a decent and safe place to live.
Statewide is working closely with other non-profits whose clients are in serious
need of affordable housing. These organizations include the Beaumont Housing
Authority, Port Arthur Housing Authority, Orange Housing Authority, DETCOG in
Jasper, Texas and Spindletop MHMR Services.
Statewide will serve as the owner, developer, general contractor and property
manager of this office/living unit and storage building. This facility will utilize the
property that is legally described as 0.46 ACRES OT OF THE DAVID BROWN
SURVEY ABST S, PLAT Q and located at 1616 Sabine Pass. The facility will be used
to provide a new office with managers living quarters. The facility will also be
used as storage for items needed for rental properties such as refrigerators,
stoves, AC units, flooring windows and left over items used for repairs.
This SUP request is to amend the previous SUP referenced herein as follows:
1. Waive the previous SUP requirement which states the facility will be
used to provide a new office for Statewide, to read a new office with
managers living quarter.
2. Waive the previous SUP requirement which included a vacant adjacent
lot described as THE DAVID BROWN SURVEY ABST 4, PLAT Q located at
1608 Sabine Pass for 19 parking spaces; to read delete requirement for
use of 1608 Sabine Pass, a vacant lot for 19 parking spaces. Sufficient
parking is located in the rear of the building for both proposed living
units.
3. Waive the previous SUP requirement which included an eight foot tall
wood screening fence installed along the north and west property lines
of 1608 Sabine Pass to read no additional parking is required since the
building will be used for storage and living quarters. Four parking
spaces are located at the rear of the building. Currently there is only
one resident in the 1600 block of Sabine Pass and the lot located at
1608 Sabine Pass separates the 1616 Sabine Pass property from the
resident. The west property line of the property butts up to another
vacant lot.
4. Statewide is requesting that the new SUP includes the building in the
rear of the property be granted approval to be used as a rental
property to provide affordable housing. This property is located in the
rear of 1616 Sabine Pass with adequate parking for both housing units.
The office building has been renovated under the previous SUP. However,
this space will be upgraded to include a kitchen. The bathroom was
installed to code under the previous SUP. The new SUP will upgrade the
bathroom to include a tub with a shower.
The front of the office building will be beautifully landscaped with
shrubbery on a manicured lawn and its appearance will enhance
surrounding properties.
Under the previous SUP, Statewide met its goal to transition this building to
provide a well kept office facility that will promote new revitalization
efforts to improve and develop vacant properties in the area.
Statewide will provide sufficient parking in scope for the two housing units
located on the property. The building interior will include newly
constructed restroom intended to meet ADA specifications. Railing and
hand bars will be strategically place to enhance the mobility.
Presently, sufficient road access to the property exists and has favorable
road conditions along Sabine Pass. Drainage in the area is good and
availability of sufficient gas and electrical utilities exists. Precautions
regarding parking, safety, driveway location, building position and traffic
movement were considered in the site plan design.and have been favorable
detailed. Statewide intends to ensure sufficient drainage of the property.
The building design currently include a side driveway to get to the parking
area in the rear of the main building.
From the previous SUP, the building has been equipped with lighting for the
parking area that is not a hindrance or nuisance to the neighborhood but
will enhance security of the parking lot as well as the remainder of the
property. The buildings will not house any flammable materials.
An attached copy of the referenced SUP has been attached for your
convenience.
Sincerely submitted,
Ro etta
President
Attachments:
STATEWIDE CONSOLIDATED
COMMUNITY INC.
°Peoyk Hein&Peoyle-
June 21, 2013
City of Beaumont
Planning Division
801 Main Street, Suite 201
Beaumont, TX 77701
RE: WAIVER FOR SPECIFIC US PERMIT ISSUED ON NOVEMBER 02, 2010, CITY
COUNCIL APPROVED 2058-P
Dear Sir or Madame:
Statewide Consolidated Community Development Corporation, Inc. has
attached an application for a waiver to the referenced Specific Us permit.
Attached is a letter addressed to the Planning Commission and City Council,
a check and a site plan. Also attached are copies of previous requests and
responses.
If additional information is needed, please contact Rosie Jones at 409-
6590998.
Sincere grat I,
4�
Rosetta R "�ones;-Rresident
P.O. Box 1008,Beaumont,Texas 77704 (409) 832-6161 FAX (409) 833-1166 Pager(409)757-8086
ORDINANCE NO.
ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE
PERMIT TO ALLOW AN OFFICE AND MANAGER'S LIVING
AREA IN A RCR (RESIDENTIAL CONSERVATION AND
REVITALIZATION) DISTRICT AT 1616 SABINE PASS
AVENUE IN THE CITY OF BEAUMONT, JEFFERSON
COUNTY, TEXAS.
WHEREAS, Statewide Consolidated Community Development Corporation, Inc.,
by and through its representative Rosetta Jones, has applied for a specific use permit to
allow an office and manager's living area in a RCR (Residential Conservation and
Revitalization) District at 1616 Sabine Pass Avenue, being Abstract 5, Plat Q, of the D.
Brown Survey, City of Beaumont, Jefferson County, Texas, containing 0.46 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
an office and manager's living area in a RCR(Residential Conservation and Revitalization)
District at 1616 Sabine Pass Avenue, subject to the following conditions:
• That an 8' wood screening fence be installed along side and rear property
lines.
• That the owner work with the City's Transportation Division to determine
adequate parking for the rear apartment and manager's living space.
• In the future, if any business is to be run out of this location, the applicant
must come back before the Commission for a separate specific use permit.
;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 an office and manager's living area in a RCR
(Residential Conservation and Revitalization) District at 1616 Sabine Pass Avenue, being
Abstract 5, Plat Q, of the D. Brown Survey, City of Beaumont, Jefferson County, Texas,
containing 0.46 acres, more or less, as shown on Exhibit "A," attached hereto, is hereby
granted to Statewide Consolidated Community Development Corporation, Inc., its legal
representatives, successors and assigns, as shown on Exhibit "B," attached hereto and
made a part hereof for all purposes, subject to the following conditions:
• That an 8' wood screening fence be installed along side and rear property
lines.
• That the owner work with the City's Transportation Division to determine
adequate parking for the rear apartment and manager's living space.
• In the future, if any business is to be run out of this location, the applicant
must come back before the Commission for a separate specific use permit.
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 23rd day of July,
2013.
- Mayor Becky Ames -
File 2176-P: Request for a specific use permit to allow an office and manager's living area N
in an RCR(Residential Conservation and Revitalization) District. 1V
Location: 1616 Sabine Pass Avenue
Applicant: Rosetta Jones, President — Statewide Consolidated Community Developmen
Corporation, Inc.
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• Approval subject to the following conditions: Al
1. That an 8'wood screening fence be installed along side and rear property lines.
2. That the owner work with the City's Transportation Division to detennine adequate parking for SHEET NUMBER
The rear apartment and manager's living space.
3. In the future,if any business is to be run out of this location,the applicant must come back before th-
Commission for a separate specific use permit. EXHIBIT "B"
4
July 23,2013
Consider an ordinance approving a specific use permit to allow an eating and drinking place to be
located in an existing unoccupied building in a GC-MD (General Commercial-Multiple Family
Dwelling) District at 7150 Eastex Freeway
RICE WITS OPPORTUNITY
BEAUMON*
T • E • X • A • 8 City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Chris Boone, Community Development Director fcfN
MEETING DATE: July 23, 2013
REQUESTED ACTION: Council consider an ordinance approving a specific use permit
to allow an eating and drinking place to be located in an
existing unoccupied building in a GC-MD (General
Commercial-Multiple Family Dwelling)District at 7150 Eastex
Freeway.
BACKGROUND
Polo Del Rio,representing Del Rio Properties, LLC,has applied for a specific use permit.
The proposed use is in an established commercial area and the building is currently unoccupied. The
proximity to the freeway, hotels, and other venues make this a suitable place to have such an
establishment. Since this is an existing building, access to utilities,parking, etc, should not pose any
concern.
At a Joint Public Hearing held July 15, 2013,the Planning Commission recommended 6:0:1 to
approve a specific use permit to allow an eating and drinking place to be located in an existing
unoccupied building in a GC-MD (General Commercial-Multiple Family Dwelling) District at 7150
Eastex Freeway.
FUNDING SOURCE
Not applicable.
RECOMMENDATION
Approval of ordinance.
May 22, 2013
Planning Commission and City Council
City of Beaumont, Texas
801 Main Street
Beaumont, TX 77701
Re: Specific Use Permit
7150 Eastex Freeway
Dear Sirs,
Per city ordinance section 28.04.001,we respectfully request your consideration for a
Specific Use Permit for a dining and drinking establishment to be located at 7150 Eastex
Freeway. The building is currently unoccupied and is located in front of the Holiday Inn
Express.
The purpose of the project is to provide Hotel guests and the general public a"fresh look"
place to eat and relax that is convenient to the Highway 69 Corridor. An outdoor patio will
be incorporated into the design and be a unique feature of the project.
The proposed use is compatible with the neighboring Hotel,Academy, and Western Store
and poses no potential decrease in property value.
The proposed project is in an established commercial neighborhood so will not threaten
orderly development.
Utilities for the project are existing and can be reutilized.
The parking and drives are existing and can be reutilized.
The project poses no increase in noise or odors due to the proximity to Eastex Freeway.
Directional lighting is existing and can be reutilized and will not negatively effect
surrounding properties.
Landscaping is existing and can be reutilized and enhanced adjacent to the new outdoor
space..
The proposed project should comply with the comprehensive plan.
We appreciate your consideration of this request.
c
Po o del Rio
Max and Mac, LLC
Corporate Manager
830-775-8084 Polo @delriomanagementco.com
ORDINANCE NO.
ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE
PERMIT TO ALLOW AN EATING AND DRINKING PLACE TO
BE LOCATED IN AN EXISTING UNOCCUPIED BUILDING IN
A GC-MD (GENERAL COMMERCIAL-MULTIPLE FAMILY
DWELLING) DISTRICTAT7150 EASTEX FREEWAY IN THE
CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS.
WHEREAS, Del Rio Properties, LLC, by and through its representative Polo Del Rio,
has applied for a specific use permit to allow an eating and drinking place to be located in
an existing unoccupied building in a GC-MD (General Commercial-Multiple Family
Dwelling) District at 7150 Eastex Freeway, being Tract 2, Block 1, of the W.E. Johnson
plat, City of Beaumont, Jefferson County, Texas, containing 1.089 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
an eating and drinking place to be located in an existing unoccupied building in a GC-MD
(General Commercial-Multiple Family Dwelling) District at 7150 Eastex Freeway; 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 an eating and drinking place to be located in an
existing unoccupied building in a GC-MD (General Commercial-Multiple Family Dwelling)
District at 7150 Eastex Freeway, being Tract 2, Block 1, of the W.E. Johnson plat, City of
Beaumont, Jefferson County, Texas, containing 1.089 acres, more or less, as shown on
Exhibit 'A" attached hereto, is hereby granted to Del Rio Properties, LLC, 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 23rd day of July,
2013.
- Mayor Becky Ames -
File 2174-P: Request for a specific use permit to allow an eating and drinking place to be N
located in an existing unoccupied building in a GC-MD (General Commercial — Multiple-
Family amily Dwelling) District.
Location: 7150 Eastex Freeway
Applicant: Polo Del Rio, Corporate Manager at Max and Mac,LLC/Del Rio Properties,
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Specific Use Permit Notes: SITE PLAN
ADDRESS: 7150 EASTEX FREEWAY ` aD 5/21/13
PROPOSED USE: BAR / GRILL :•.,
ZONING: GC—MD
SCOPE OF WORK: EXISTING BUILDING AND PARKING LOT TO REMAIN. NO INCREASE IN SIZE WHITE
ONLY MODIFICATIONS TO FACADE AND RE—STRIPE OF PARKING. ,` `•..
PARKING REO'D: 28.04.002 (a) (1) LESS THAN 50% INCREASE
AGE
PARKING PROVIDED: 70 CARS W/ 4 ACCESSIBLE
5
July 23,2013
Consider rescinding Resolution Number 13-117 and approve a new resolution authorizing the City
Manager to enter into a contract with Spindletop Housing Corporation
RICH WITH OPPORTUNITY
BEAUMON*
T • E • X • A • s City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Johnny Beatty, CDBG/HOME Manager
MEETING DATE: July 23, 2013
REQUESTED ACTION: Council consider rescinding Resolution Number 13-117
and approve a new resolution authorizing the City Manager
to enter into a contract with Spindletop Housing
Corporation.
BACKGROUND
At its May 30, 2013 meeting, City Council approved a resolution to authorize the City Manager
to enter into a contract with Spindletop Housing Corporation. In preparation for the project's
closing,the City is now requesting that the contract be rescinded and a new contract be
approved that will include Section 4—HOME Long Term Affordability which states: "For the
$363,211 the City will require that 3 of the 15 units built be HOME assisted units. The
affordability restrictions of the three (3)units will be in force for a period of 20 years regardless
of transfer of ownership as described in 24 CFR 92.252 (e) of the HUD regulations. The City
will impose a deed restriction and a Land Use Restriction Agreement upon approval by HUD."
This will be an attachment to the executed contract as"Amendment 1 —Conditional
Requirements".
The $363,211 grant from the 2011 and 2012 HOME program allocations is related to the
construction of a fifteen(15) unit development to provide affordable housing for individuals who
are homeless or at risk of becoming homeless, and who have a mental illness, an intellectual
developmental disability, a substance abuse disorder or a combination of these disabilities.
FUNDING SOURCE
2011 HOME program ($53,000) and 2012 HOME program ($310,211).
RECOMMENDATION
Approval of resolution.
SPINDLETOP HOUSING CORPORATION HOME ALLOCATION FUNDING AGREEMENT
between the
CITY OF BEAUMONT
and the
Spindletop Housing Corporation
This Community Housing Development Allocation Funding Agreement(Agreement hereinafter) is
made and entered into by and between the CITY OF BEAUMONT,a Home Rule Municipal Corporation
incorporated under the laws of the State of Texas(City hereinafter),and the Spindletop Housing
Corporation Services,a non-profit organization(SPINDLETOP HOUSING CORPORATION
hereinafter), located at 655 S. 8'h Street Beaumont Texas 77701.
WHEREAS,the City of Beaumont has received a HOME grant from the United States Department of
Housing and Urban Development(HOME Program No. M-11-MC-48-0201 and M-12-MC-48-0201);
WHEREAS, the City has the objective of providing for the development of low-to-moderate income
housing for residents of the City through its Community Development Division;
WHEREAS,the Spindletop Housing Corporation,through its express purpose as set forth in its corporate
bylaws,shares this common goal with the City(SPINDLETOP HOUSING CORPORATION hereinafter);
WHEREAS, pursuant to the authority of Resolution Number #13-069, passed by the Beaumont City
Council on 03/26/13 the Spindletop Housing Corporation will enter into a contract with the•City for 2011-
HOME funds totaling Fifty-Three Thousand Dollars and no/100($53,000.00)and for 2012 HOME funds
totaling Three Hundred Ten Thousand,Two Hundred and Eleven Dollars and no/100($310,211.00);
WHEREAS, The HOME allocation of Three Hundred Sixty-three Thousand, Two Hundred and
Eleven Dollars and no/100($363,211.00)will be used for the eligible project costs related to the development
and construction of up to fifteen(15)units. Such housing will provide decent,safe and sanitary housing for
eligible families;
WHEREAS,the City desires to assist the SPINDLETOP HOUSING CORPORATION in providing for
the construction of low-to-moderate income housing through funds provided by HUD's Home Investment
Partnerships Program(HOME Program);
NOW, THEREFORE, FOR AND IN CONSIDERATION of the mutual purposes and obligations set
forth herein,the City and SPINDLETOP HOUSING CORPORATION covenant and agree as follows:
This Agreement sets forth the understanding of the parties concerning the City's HOME allocation as
approved by HUD. It is the intent of this Agreement to outline what eligible activities and procedures the
SPINDLETOP HOUSING CORPORATION must comply with in order to qualify for a portion of the City's
HOME set aside. The parties have severally and collectively agreed,and by the execution hereof are bound,to
the mutual obligations and to the performance and accomplishment of the tasks described herein.
Section 1—City's Responsibilities
A. The Community Development administrator,or other designated Community Development Staff,will
act as liaison on behalf of the City.
B. The City agrees to assume overall responsibility as the Grantee for ensuring that the Housing
Assistance programs using HOME funds are carried out in accordance with the HOME INVESTMENT
PARTNERSHIPS PROGRAM. The City shall complete and provide documentation as required by HUD for
program reporting requirements.
C. The City agrees to pay eligible costs,up to a maximum total amount of Three Hundred Sixty-Three
Thousand,Two Hundred and Eleven dollars and no/100($363,211.00)on a reimbursement basis to the
SPINDLETOP HOUSING CORPORATION for eligible activities,carried out within the City's jurisdictional
boundaries. Specifically, activities carried out will include costs associated with site preparation and/or
construction costs,including clearing and site preparation,foundation,building,plumbing,electrical,HVAC,
parking and/or lighting improvements. The construction of at least fifteen (15) units will provide low to
moderate income persons with disabilities and that are at or below 60% of the median income to live as
independently as possible. Costs will be reimbursed as set forth in the program budget.
D. SPINDLETOP HOUSING CORPORATION agrees that an annual audit report is a condition of
funding, and that the City of Beaumont will secure an acceptable audit engagement letter for the 2012 audit
report by October 31,2013. The completed 2012 audit report will be provided to both parties by December
31,2013.
Section 2—Spindletop Housing Corporation Responsibilities
A. The Executive Director for the SPINDLETOP HOUSING CORPORATION , or other designated
SPINDLETOP HOUSING CORPORATION staff, will act as liaison on behalf of the SPINDLETOP
HOUSING CORPORATION .
B. SPINDLETOP HOUSING CORPORATION agrees to execute any and all documents requested by the
City for compliance with the HOME Investment Partnership Program, as specified in 24 CFR 92.505(b)
(attached hereto as Exhibit A) and agrees to comply with all uniform administrative requirements and
standards as more particularly described in OMB Circular A-110(Uniform Administrative Requirements for
Grants and Cooperative Agreements to State and Local Governments.
C. SPINDLETOP HOUSING CORPORATION agrees to comply with the Federal Labor Standards
Provisions of the U. S.Department of Housing and Urban Development,Section 3 Provision of the(HUD)Act
of 1968,all Fair Housing Laws and Presidential Executive Orders and The National Environmental Policy Act
of 1969 as amended. (copies of each are attached)
D. SPINDLETOP HOUSING CORPORATION agrees to assure that all construction projects will meet
or exceed all written locally adopted Property Standards as well as all applicable local and state codes and other
federal requirements. Within ninety(90) days of the execution of this agreement,the Spindletop Housing
Corporation will adopt the City's construction specifications and standards to be used on projects funded by
this agreement. Where applicable, all floor plans must be certified as having met or exceeded the Model
Energy Code prior to construction. Variations from these standards should be approved in writing by the
City's representative. Quality and affordability shall be the criteria used to determine whether a requested
variance will be approved.
E. SPINDLETOP HOUSING CORPORATION agrees to complete all new construction projects within
two years from the date of this agreement,or by federally required deadlines,whichever is sooner.For projects
including acquisition for new construction,the construction must begin within one(1)year of the acquisition
of the property. The issuance of a building permit will constitute start of construction.If construction cannot
be commenced by its start date as set out in Exhibit A,the SPINDLETOP HOUSING CORPORATION shall
notify the City in writing at least 30 days prior to the commencement date of the specific nature of the events
that prevent the commencement of construction. The City shall either approve a new commencement date or
deny the request for extension. The decision of the City's representative shall be final. If a new start date is
not approved, funds allocable to the structure will be removed from the contract and the SPINDLETOP
HOUSING CORPORATION will be required to deed to the City any real property provided.
F. SPINDLETOP HOUSING CORPORATION agrees to provide the City full and complete
documentation of all eligible acquisition,materials,professional fees and labor expenses fourteen(14)calendar
days prior to the requested reimbursement date. All eligible expenses must be already paid in full by
SPINDLETOP HOUSING CORPORATION prior to submittal to the City. The Community Development
Grants Coordinator may waive this requirement to facilitate program goals and objectives.
G. SPINDLETOP HOUSING CORPORATION also agrees to make all files on projects/programs funded
by this agreement available for inspection by City staff. SPINDLETOP HOUSING CORPORATION will._..
report any project and/or program delays or modifications and await City approval before proceeding.
SPINDLETOP HOUSING CORPORATION will also report any instances of client fraud or program abuse to
the City.
H. SPINDLETOP HOUSING CORPORATION agrees to refund all HOME funds found to have been
used for ineligible and/or unapproved programs or activities. These repayments will be made within thirty(30)
days of notification by the City of the ineligible expenditures.
I. SPINDLETOP HOUSING CORPORATION agrees to meet with the City to discuss progress or
concerns as the need arises and at the City's request. SPINDLETOP HOUSING CORPORATION agrees that
the Program will be administered according to all applicable regulations and guidelines per the City of
Beaumont's 2010 Action Plan(as it may be amended),program design criteria and construction standards.
J. SPINDLETOP HOUSING CORPORATION agrees to secure the financial match requirements for M-
11-MC-48-0201 and M-12-MC-48-0201,HOME funds. The financial funding match requirement is 25%of
total expenditures less SPINDLETOP HOUSING CORPORATION Operating funds.
K. SPINDLETOP HOUSING CORPORATION agrees that the City will provide the SPINDLETOP
HOUSING CORPORATION with Three Hundred Sixty-Three Thousand, Two Hundred and Eleven
Dollars and no/100($363,211.00)of 2011/2012 HOME funds to be available through the City's draw process
on or after the effective date of this contract. Payment shall be made directly to the SPINDLETOP HOUSING
CORPORATION, upon receipt of invoices or payment vouchers from SPINDLETOP HOUSING
CORPORATION certifying that all requirements have been met.
L. The SPINDLETOP HOUSING CORPORATION also understands and agrees to adhere to the City's
procurement process.The City shall reserve the right to investigate,examine and monitor,at any time,any and
all such records relating to the operations or expenditures of SPINDLETOP HOUSING CORPORATION
under this Agreement.
Section 3- General Terms
A. This Agreement shall be fully executed in writing by both parties, and extend from April 1, 2013
through April 1,2014.With agreement by both parties,the Agreement may be extended for a time specified in
a jointly signed and approved term extension memorandum, not to exceed 24 months from the original
effective date.
B. This Agreement and the rights and obligations contained herein may not be assigned by either party.
C. This Agreement has been made under,and shall be governed by,the laws of the State of Texas. The
parties agree that performance and all matters related thereto shall be in Beaumont,Texas.
D. This Agreement may only be amended by written instrument,approved and executed by both parties.
E. The City may terminate this agreement if at any time, after a thirty-day written notice, the
SPINDLETOP HOUSING CORPORATION is found to have violated any federal,state or local requirements,
for nonperformance of the terms of this agreement, or upon the unavailability of HOME funds.
F. It is expressly understood and agreed by and between the City and the SPINDLETOP HOUSING
CORPORATION that this Agreement is wholly conditioned upon the actual availability of federal HOME
funds allocated to the City by the U S Department of Housing and Urban Development(HOME Program No.
M-I1-MC-48-0201 and M-12-MC-48-0201), and that all monies distributed to, or in behalf of the,
SPINDLETOP HOUSING CORPORATION hereunder shall be exclusively from federal monies received
under said HOME Program, and not from any other monies of the City.
G. This Agreement does not provide for any administrative and/or operating costs incurred by the
SPINDLETOP HOUSING CORPORATION.
H. If any provision(s)of this Agreement shall be held to be invalid,illegal,or unenforceable by a court,by
HUD,or other competent tribunal,the validity, legality,and enforceability of the remaining provisions shall
not be impaired thereby. In such event, the parties hereby agree to use their best efforts to replace the
respective provision or provisions with terms and conditions approximating the original intent of the parties
and conforming in all respects with applicable law and HUD regulations and directives.
I. The failure of the City to insist upon the performance of any term or provision of this agreement or to
exercise any right herein conferred shall not be construed as a waiver or relinquishment to any extent of the
City's right to assert or rely upon any such term or right on any future occasion.
J. This written instrument and attachments constitute the entire agreement by the parties hereto
concerning the matter performed hereunder and any prior or contemporaneous,oral or written agreement which
purports to vary from the terms hereof shall be void.
K. SPINDLETOP HOUSING CORPORATION covenants and agrees to hold harmless the City and its
officers, agents, servants and employees, from and against any and all claims or suits for property loss or
damage and personal injury,including death to any and all persons,or whatever kind of character whether real
or asserted, arising out of or in connection with the execution,performance, attempted performance or non-
performance of this contract and agreement and the operations,activities and services of the program described
herein, whether or not caused, in whole or in part, by alleged negligence of officers, agents, servants,
employees, contractors,or sub-contractors of the City.
L. No officer,employee or member of SPINDLETOP HOUSING CORPORATION or SPINDLETOP
HOUSING CORPORATION's subcontractors shall have a financial interest,direct or indirect,in this contract
or the monies transferred hereunder,or be financially interested,directly or indirectly,in any contract relating
to the operations conducted by it, nor in any contract for furnishing services or supplies to SPINDLETOP
HOUSING CORPORATION. Any willful violation of this paragraph with the knowledge, expressed or
implied, of SPINDLETOP HOUSING CORPORATION or its subcontractors, shall render this contract
voidable by the City of Beaumont.
M. No grants shall be made by SPINDLETOP HOUSING CORPORATION to its directors or officers,
either directly or indirectly, through family members, business partners or employees. SPINDLETOP
HOUSING CORPORATION agrees that no HOME funds shall be used, either directly or indirectly, for
religious purposes. Any willful violation of this paragraph with the knowledge, expressed or implied, of
SPINDLETOP HOUSING CORPORATION shall render this contract voidable by the City.
N. SPINDLETOPHOUSING CORPORATION covenants and agrees that its officers,members,agents,
employees, program participants and subcontractors shall abide by and comply with federal, state and local
laws, including all ordinances,rules and regulations of the City of Beaumont, as amended. SPINDLETOP
HOUSING CORPORATION further covenants and agrees that it will fully comply with the terms and
conditions of the HOME Program,under which these funds are granted.
O. Each party has the full power and authority to enter into and perform this Agreement,and the person
signing on behalf of each party has been properly authorized and empowered to execute this Agreement.
P. The parties hereby acknowledge that they have read,understand,and intend to be bound by the terms
and conditions contained herein.
Section 4-HOME Long Term Affordability
A. SPINDLETOP HOUSING CORPORATION agrees to comply with the Affordability Requirements
of the U. S. Department of Housing and Urban Development Program Final Rule, Subpart F — Project
Requirements which states:Periods of Affordability. The HOME—assisted units must meet the affordability
requirements for not less than the applicable period specified for New Construction or acquisition of newly
constructed housing which is 20 years, beginning after project completion. The affordability requirements
apply without regard to the term of any loan or mortgage or the transfer of ownership. They must be imposed--
by deed restrictions,covenants running with the land,or other mechanisms approved by HUD,except that the
affordability restrictions may terminate upon foreclosure or transfer in lieu of foreclosure. The City may use
purchase options, rights of first refusal or other preemptive rights to purchase the housing units before
foreclosure or deed in lieu of foreclosure to preserve affordability. The affordability restrictions shall be
revived according to the original terms if,during the original affordability period,the owner of record before
the foreclosure,or deed in lieu of foreclosure,or any entity that includes the former owner or those with whom
the former owner has or had family or business ties,obtains an ownership interest in the project or property.
B. SPINDLETOP HOUSING CORPORATION agrees that three(3)units of the 15 units will be made
available to low to moderate income individuals according to the HOME Final Rule.
Spindletop Housing Corporation
By:
Sally Broussard,Chief Authority Officer Date
STATE OF TEXAS
' ACKNOWLEDGMENT
CITY OF BEAUMONT
This instrument was acknowledged before me on the day of , 2013, by
as of Spindletop Housing_Corporation a non-profit
organization, on behalf of said organization.
Notary Public in and for the State of Texas
CITY OF BEAUMONT
By:
Kyle Hayes, City Manager Date
ATTEST:
_By:
Tina Broussard, City Clerk Date
DEFINITIONS
Fair market rent(FMR).The rent,including the cost of utilities(except telephone),that would be required
to be paid in the housing market area to obtain privately owned,existing,decent, safe and sanitary rental
housing of modest(non-luxury)nature with suitable amenities.Fair market rents for existing housing are
established by HUD for housing units of varying sizes(number of bedrooms),and are published in the
Federal Register in accordance with 24 CFR part 888.
Initial lease term. The initial term of the assisted lease. The initial lease term must be for at least one year.
Initial contract rent. In the certificate program,the contract rent at the beginning of the initial lease term.
Lease. (1)A written agreement between an owner and a tenant for the leasing of a dwelling unit to the
tenant. The lease establishes the conditions for occupancy of the dwelling unit.
RESOLUTION NO.
WHEREAS, on March 26, 2013, the City Council of the City of Beaumont passed
Resolution No. 13-069 authorizing the City Manager to execute a contract with Spindletop
MHMR Services to grant $363,211 in 2011 and 2012 HOME funds in connection with an
affordable housing project located within the 2700 Block of South 8' Street; and,
WHEREAS, on June 4, 2013, the City Council of the City of Beaumont passed
Resolution No. 13-117 rescinding Resolution No. 13-069 and authorizing the City Manager
to execute a contract with Spindletop Housing Corporation to grant$363,211 in 2011 and
2012 HOME funds in connection with an affordable housing project located within the 2700
Block of South 8th Street; and,
WHEREAS, in preparation of the project's closing, it is necessary that the contract
be rescinded and a new contract be approved that will include HUD required Section 4-
HOME Long Term Affordability language; and,
WHEREAS, in orderto cancel the prior contract Council needs to rescind Resolution
No. 13-117 in order to enter into a new contract with Spindletop Housing Corporation to
grant $363,211 in 2011 and 2012 HOME funds in connection with an affordable housing
project located within the 2700 Block of South 8th Street to include HUD required Section
4-HOME Long Term Affordability language;
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 Resolution No.13-117 is hereby and forevermore rescinded; and,
BE IT FURTHER RESOLVED THAT the City Manager be and he is hereby
authorized to execute a contract with Spindletop Housing Corporation to grant $363,211
in 2011 and 2012 HOME funds in connection with an affordable housing project located
within the 2700 Block of South 8th Street to include HUD required Section 4-HOME Long
Term Affordability language.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 23rd day of July,
2013.
- Mayor Becky Ames -
WORK SESSION
* Review and discuss increasing various fees at the Henry
Homberg Golf Course