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HomeMy WebLinkAboutPACKET AUG 06 2013 1il('li M ll'll 01.11012TU%lI Y' BEA.UMON* T • E - X - A • S REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS AUGUST 6, 2013 1:30 P.M. CONSENT AGENDA * Approval of minutes—July 30, 2013 * Confirmation of committee appointments A) Approve a resolution authorizing the acquisition of property described as the 1600 Block of Park Street for the relocation of Fire Station No. 11 B) Approve a resolution approving a change order to the contract with Allco, LLC, related to the Grit Pump Replacement— Wastewater Treatment Plant Project C) Approve a resolution authorizing the acceptance of a ten foot wide Exclusive Water Line Easement located at 4850 Romeda Road D► Approve a resolution authorizing the City Manager to execute a Rejection of Quitclaim Deed and to file same in the Jefferson County Deed Records for property located at 1596 Park Street E) Approve a resolution requesting that the Texas Department of Transportation restore Congestion Mitigation and Air Quality Category 5 funding to the Jefferson-Orange- Hardin-Regional Transportation Study area A RICH WITH OPPORTUNITY L G T • E • X • A • s City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Patrick Donart, Public Works Director MEETING DATE: August 6, 2013 REQUESTED ACTION: Council consider a resolution authorizing the acquisition of property described as the 1.600 Block of Park Street for the relocation of Fire Station No. 11. BACKGROUND The relocation of Fire Station No. I I was recommended in the 2005 Pietsch study (ISO) to replace the existing facility located at 2185 Sabine Pass built in 1931. The owner of the property listed below, has agreed to sell its property located at 1600 Block of Park Street to the City for the new Fire Station No. 11: Owner: Port of Beaumont Navigation District Description: 1.6529 acre parcel of land in the 1600 Block of Park Street described as being Tract I, Lots 1-5, Block 9 situated in the Jersey Farm Addition, Beaumont, Jefferson County, Texas and Tract 11, Lots 69-73, Block 9 situated in Langham Addition, Beaumont, Jefferson County, Texas Location: 1600 Block of Park Street Intersections of Park, Royal, Neches and Craig Value: $101,000.00 FUNDING SOURCE Capital Program. RECOMMENDATION Approval of resolution. RESOLUTION NO. WHEREAS, an agreement has been negotiated for the acquisition of property described below and in Exhibit "A" and shown on Exhibit"B," attached hereto, for the Fire Station No.11 Project: Description: 1.6529 acre parcel of land in the1600 Block of Park Street described as being Tract 1, Lots 1-5, Block 9 situated in the Jersey Farm Addition, Beaumont, Jefferson County, Texas and Tract II, Lots 69-73, Block 9 situated in Langham Addition, Beaumont, Jefferson County, Texas Address: 1600 Block of Park Street Bound by Park, Royal, Neches and Craig Owner: Port of Beaumont Navigation District Appraised Value: $101,000 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 purchase of the above described property be, and the same is, hereby approved. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 6th day of August, 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 GENERAL WARRANTY DEED That, THE PORT OF BEAUMONT NAVIGATION DISTRICT, of the County of Jefferson, State of Texas, hereinafter called GRANTOR for and in consideration of the sum of ONE HUNDRED ONE THOUSAND AND NO/100 ($101,000.00) 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", attached hereto and made a part 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 res(rictions, 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, Lorever; 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. PORT OF BEAUMONT NAVIGATION DISTRICT DAVID C. FISHER PORT DIRECTOR & CEO STATE OF TEXAS X COUNTY OF JEFFERSON X This instrument was acknowledged before me on this the day of , 201.3, by DAVID C. FISHER, Port Director and CEO of the Port of Beaumont Navigation District. Notary Public, State of Texas RETURN TO: City of Beaumont Flo Antoinette Hardy P. 0. Box 3827 Beaumont, TX 77704 EXHIBIT"A" 1.6529 acre parcel of land in the 1600 Block of Park Street described as being Tract [: Lots Numbered One, Two, Three, Four and Five (Lots 1-5) in Block Number Nine (9) of JERSEY FARM ADDITION, to the City of Beaumont, Jefferson County, as the same appears upon the map or plat thereof, on file and of record in Vol. 2 Page 97 Map Records of Jefferson, County, Texas. Tract 11: Lots Numbered Sixty-Nine, Seventy, Seventy-One, Seventy-Two and Seventy-Three (Lots 69- 73) in Block Number Nine (9) of LANGHAM ADDITION, an Addition to the City of Beaumont, Jefferson County, as the same appears upon the map or plat thereof, on file and of record in Vol. 3 Page; 91 Map Records o"I'Jefferson, County, Texas. 33 ow .f PJL..AT MAP Joe 9 k�Pd . •• If V 5 € may.•...— "� ._ f ry . � M'q _ _„ IN -. IJiY • ' x' - y Cs /x4 7 e t I I I ft l k p 1/l r, i• frsr{jr .et�r, z !1. rl yr • tI to r, : 1. rf .x + If !s 4 to tr xr rx.. „tq It u S I s id'QNJ '+ q_ 14i N gam` i P • x ?tx ttr lx' r fl 1t Sf ss is s .ot „f. xt rr al ro xt 10 't f •CYJC i+ z yf 4 56't • yak .10 t} b * �xo`// »� �re f •r (J t I fa' x ti 4'� p - b' t � x r •+ EXHIBIT "B" B RICK WITH OPPORTUNITY r T - E • x a A • s City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Dr. Hani J. Tohme, P.E., Director of City Utilities MEETING DATE: August 6, 2013 REQUESTED ACTION: Council consider a resolution approving a change order to the contract with Allco, LLC, related to the Grit Pump Replacement—Wastewater Treatment Plant Project. BACKGROUND The City Council approved a contract with Allco, LLC, on August 16, 2011, in the amount of $1,111,359.00. The contract will furnish all labor, materials, and equipment to remove and replace the existing belt press pumps at the Wastewater Treatment Plant at 4900 Lafin Road. The proposed change order will decrease the contract amount by $25,355.75 to furnish all necessary labor, materials, and equipment to install a new concrete slab and pipe rail for the refurbished belt press conveyor; install access stairs and handrails for Junction Box No. 3; install a new 6-inch diameter force main from the grit cyclonic units to the grit classifiers; connect an existing 6-inch drain to the 12-inch main at the Influent Building; increase Bid Item 7.5 to provide six (6) additional pipe bollards at the Belt Press Canopy; and reduce Bid Item 5.2 amount to refurbish the existing belt press conveyor. This proposed change includes a request for 22 days to be added to the contract time. The sludge pumps for the belt press and clarifiers have been in operation for more than 20 years. Sludge is generated from the sanitary sewer collection system and the solids from biological treatment. The sludge regularly varies in composition and thus requires pumps that can maintain continual operation. These deteriorated pumps are in need of replacement and the improvements to the sludge transportation system will greatly improve the efficiency of wastewater treatment. The proposed new canopies will provide protection for the exposed belt press and the secondary sludge pump station. WWTP Sludge Pump Replacement- Change Order#1 Page 2 of 2 FUNDING SOURCE Capital Program. RECOMMENDATION Approval of resolution. APPROVAL OF CONTRACT CHANGE CHANGE ORDER No.One(1) DATE: July 26,2013 Page IofI PROJECT: City of Beaumont,Texas Grit Pump Replacement-Wastewater Treatment Plant OWNER: City of Beaumont,Texas 801 Main Street Beaumont,Texas 77704 CONTRACTOR: Allco.Ltd. PO Box 3684 Beaumont,Texas 77704 TO"THE OWNER: Approval of the following contract change is requested. Reason for Change: Furnish and Install a new concrete slab and pipe rail for the refurbished Belt Press Conveyor;Furnish and Install access stairs and handrails for Junction Box No.3;Furnish and Install new 6"Grit Force Main from Cyclonic Units to Classifier Units;Connect Existing 6"Drain to 12"Drain at Influent Building;Increase Bid Item 7.5 to Provide 6 Additional Pipe Bollards at Belt Press Canopy:Reduce Bid Item 5.2 to Refurbish Existing Belt Press Conveyor. ORIGINAL CONTRACT AMOUNT: $ 1,111,359.00 THIS CHANGE ORDER Description: Net Change Furnish and Install a new concrete slab and pipe rail for the refurbished Belt Press Conveyor $ 8,495.00 Furnish and Install access stairs and handrails for Junction Box No.3 $ 4,985.00 Furnish and Install new 6"Grit Force Main from Cyclonic Units to Classifier Units $ 21.771.00 Connect existing 6"Drain to 12"Drain at Influent Building $ 9,909.89 Increase Bid Item 7.5 to Provide 6 Additional Pipe Bollards at Belt Press Canopy $ 1,800.00 Reduce Bid Item 5.2 to Refurbish Existing Belt Press Conveyor $ (72,316.64) TOTAL A` OUNT OF THIS CHANGE ORDER: S (25,355.75) TOTAL REVISED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER: S 1,086,003.25 CONTRACT TIME Original Contract Time: 240 Calendar Days Additional Fime Requested for Concrete Slab and Access Stair: 12 Calendar Days Additional Dime Requested for Grit Line and Drain Repair: 10 Calendar Days Revised Contract Time per this Change Order: 262 Calendar Days CONDITION OF CHANGE: "Contractor acknowledges and agrees that the adjustments in contract price and contract time stipulated in this Change Order represents full compensation for all increases and decreases in the cost of,and the time required to perform the entire work under the Contract arising directly or indirectly from this Change Order and all previous Change Orders. Acceptance of this waiver constitutes an agreement between Owner and Contractor that the Change Order represents an all inclusive,mutually agreed upon adjustment to the Contract. and that Contractor will waive all rights to file a claim on this Change Order after it is properly executed." Recommended by: Approved by: Accepted by: Schaumburg&Polk,Inc City of Beaumont Allco,Ltd. Eneincer Owner Contractor Date: Date: Date: E1Workfiles\Consultants\Schaumburg&Polk\WWTP Sludge Pump\ChangeOrderl_WWTPSIudgePump.zlsx RESOLUTION NO. WHEREAS, on August 16, 2011, the City Council of the City of Beaumont, Texas, passed Resolution No. 11-229 awarding a contract in the amount of$1,111,359 to Allco, LLC, of Beaumont Texas,for the Wastewater Treatment Plant Sludge Pump Replacement Project to furnish all labor, materials, and equipment to remove and replace the existing belt press pumps at the Wastewater Treatment Plant located at 4900 Lafin Road; and, WHEREAS, Change Order No. 1 in the amount of ($25,355.75) is required to furnish all necessary labor, materials, and equipment to install a new concrete slab and pipe rail for the refurbished belt press conveyor; install access stairs and handrails for Junction Box No. 3; install a new 6-inch diameter force main from the grit cyclonic units to the grit classifiers; connect an existing 6-inch drain to the 12-inch main at the Influent Building; increase Bid Item 7.5 to provide six (6) additional pipe bollards at the Belt Press Canopy; and reduce Bid Item 5.2 amount to refurbish belt press conveyor, thereby decreasing the contract amount to $1,086,003.25; and, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT the City Manager be and he is hereby authorized to execute Change Order No. 1 in the amount of ($25,355.75), thereby decreasing the contract amount to $1,086,003.25 for the Wastewater Treatment Plant Sludge Pump Replacement Project. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 6th day of August, 2013. - Mayor Becky Ames - c RICH WITH OPPORTUNITY r L A,11 1�1 C1 11 T 1 E . X . A . S City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager Q PREPARED BY: Patrick Donart, Public Works Director MEETING DATE: August 6, 2013 REQUESTED ACTION: Council consider a resolution authorizing the acceptance of a ten foot (10') wide Exclusive Water Line Easement. BACKGROUND Scallon Controls, Inc. has agreed to convey a ten foot (10') wide exclusive Water Line Easement to the City of Beaumont. The easement is described as being a 10,676 square foot tract out of Lot 4, Block 1, of the Romeda Commercial Park situated in the J. W. Bullock Survey, Abstract No. 7. The water line easement is for a new building located at 4850 Romeda Road. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of resolution. RESOLUTION NO. WHEREAS, Scallon Controls, Inc. has agreed to convey one ten foot (10') wide exclusive water line easement, said easement being a 10,676 square foot tract out of Lot 4, Block 1 of the Romeda Commercial Park situated in the J. W. Bullock Survey, Abstract No. 7, as described in Exhibit "1" and shown on Exhibit "2," attached hereto, to the City of Beaumont for the purpose of facilitating the construction of an office building and warehouse located at 4850 Romeda Road; and, WHEREAS, the City Council has considered the purpose of said conveyance and is of the opinion that the acceptance of said conveyance is necessary and desirable and that same should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT the easement conveyed by Scallon Controls, Inc., as described in Exhibit"1" and shown on Exhibit"2," be and the same is hereby, in all things, accepted for the stated purposes. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 6th day of August, 2013. - Mayor Becky Ames - STATE Or TEXAS X KNOW ALL MEN BY THESE PRESENTS: COUNTY OF JEFFERSON X WATER LINE EASEMENT THAT, SCALLON CONTROLS, of the County of Jefferson, State of Texas hereinafter called "GRANTOR", whether one or more, for and in consideration of the sum of ONE AND NO/100 DOLLAR (S 1.00), and other good and valuable consideration to us in hand paid by the CITY OF BEAUMONT, a municipal corporation domiciled in Jefferson County, Texas, hereinafter called "GRANTEE", the receipt and sufficiency of which consideration is hereby acknowledged, has GRANTED, SOLD and CONVEYED, and by these presents does GRANT, SELL and CONVEY unto the CITY OF BEAUMONT, P. O. Box 3827, Beaumont, Texas 77704. Jefferson County, Texas, its successors and assigns, a Water Line Easement and the exclusive right to construct, alter, and maintain said waterlines and appurtenances on the hereinafter described lands which said easement is under, over, in and across those certain tracts or parcels of land owned by GRANTOR situated in the County of Jefferson, State of Texas, and being more particularly described in Exhibit "A & B", attached and made a part hereof for all purposes. The easement herein granted shall be used for the purpose of placing, constructing, operating, repairing, rebuilding,replacing, relocating, and/or removing water lines and appurtenances, and the following rights are also hereby conveyed collectively, the "Easement Rights". It is expressly understood and agreed that the City of Beaumont shall have the right of ingress to and egress from the tracts of land hereinbefore described and use of the same for the EXHIBIT 1" purposes aforesaid, and giving said City the right and privilege to improve, maintain and operate the same as permitted by law. GRANTOR agrees not to place any structures or appurtenances within the Easement Property that will interfere with Grantee's ability to exercise the Easement Rights. Grantee shall not be responsible for the repair and replacement of any paving or other structures within the Easement Property. TO HAVE AND TO HOLD the above described easement and right-of-way unto the said CITY OF BEAUMONT, its successors and assigns forever. EXECUTED this day of 12013. GRANTOR: SCALLON CONTROLS Bv: Printed Name: Title: ACKNOWLEDGMENT STATE OF TEXAS X COUNTY OF JEFFERSON X BEFORE ME, the undersigned authority, on this day personally appeared _ as of SCALLON CONTROLS, known to me to be the person and officer whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same as the act of such corporation for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of , 2013. Notary Public, State of Texas RETURN TO: City of Beaumont Antoinette Hardy-Engineering P. O. Box 3827 Beaumont, TX 77704 ���0�*��� ��n Engineering ������ Inc. ^ ~ ~~'~~ ~ ~~~^c�^~^~~~~~ ^^^�� ~~^~~~ ~~~~^ ~ -~� ''-z�v '-'-- Professional Engineers and Professional Surveyors Telephone(409)813-3410 E-MAIL ADDRESS/mrmmmuoEmszoM Fax(40oxz3-34u zso Calder Street Beaumont,Texas nmz Surveying Firm Registration No.zooum'oo Engineering Firm Registration No.4800 GVH/BIT.4 PAGE I OF 2 FIELD NOTE DESCRIPTION FORA 2O FOOT WIDE EXCLUSIVE WATERLINE EASEMENT OUT OFTHE LOT 4, BLOCK J, OFROMEDA COMMERCIAL PARK AND A15'538 ACRE TRACT OUT 0F THE J.01 BULLOCK SURVEY,ABSTRACT 7, 8EAU&VQM/T,JEFFERSON COUNTY, TEXAS July 18, 2013 That certain 10,676 square foot tract being a lO foot wide exclusive waterline easement out of Lot 4, Block 1, of the Romeda Commercial Park, as shown on a plat recorded in Volume 15, Page 391, of the Map Records of Jefferson County,Texas and out of a called 15.538 acre tract out of the J.W. Bullock Survey, Abstract 7, conveyed to Sce||nn Controls, Inc. as recorded in Clerk's File No. 2011018427 of the Official Public Records of Jefferson County, Texas; said 10,676 square foot, 10 foot wide exclusive waterline easement being more particularly described aSfollows: BASIS OF BEARINGS is the south line of Lot 4, Block 1, Romeda [nnornercia| Park, as shown on a plat recorded in Volume 15, Page 39I, of the Map Records ofJefferson County, Texas. BEGINNING at a 1/2" rebar found on the west right-of-way line of Romeda Road being a point on the north line of Lot 3, Block l, of Romeda Commercial Park, the southeast corner of said Lot 4, Block l and the southeast corner of the herein described tract; THENCE South 89,I5'00" West /;'eference bearing) along the north line of said Lot 3' Block 1, and the south line of said Lot 4, Block l, a distance of 299.85 feet (called 300.00 feet) 10 a l/2" rebar found for a point on the east line of the said 15.538 acre tract, the northwest corner of said Lot 3, 1 0f3 Field Note Description Block l, and the southwest corner nfsaid Lot 4, Block l, and continuing a total distance of 326.05 feet to a 1/2" rebar set and capped "FAUST" for an angle point in the herein described tract; THENCE North 00017'18" West, a distance of 37.64 feet 10 a 1/2" rebar set and capped "FAUST"for en angle point in the herein described tract; THENCE South 89^4I'42" West, a distance of 253.85 feet to a 1/2" rebar set and capped "FAUST" for an angle point in the herein described tract; THENCE North 00°17'18" West, a distance of 455.41 feet to a 1/2" rebar set and capped "FAU5T" for a point in the south ri8ht-of'vvay line nfWard Drive as shown on the plat ofCardinal City Commercial Development as recorded in Volume 14` Page 190, of the Jefferson County Map Records~ Jefferson County, Texas; said point being on the north line of the said IS.S3O acre tract and the northwest corner of the herein described tract; THENCE North 8942'42" East (called North 89,42'4I" East) along the said south right-of-way line of Ward Drive and the north line of the said 25.538 acre tract, a distance of 10.00 feet to 1/2" rebar found for the southeast corner of the said right-of-way line of Ward Drive, and angle point in the north line of the said I5.538 acre tract, and the northeast corner of the herein described tract; THENCE South 00"17'18" East, a distance of 445.41 feet to 1/2" rebar set and capped "R\UST" for un angle point in the herein described tract; THENCE North 89"42'42" East, a distance of2S3.85 feet to a 1/2" rebar set and capped °FAUST" for an angle point in the herein described tract; THENCE South 00°17'18" East, a distance nf37.44 feet tn a 1/2" rebar set and capped "FAUST" for an angle point in the herein described tract; THENCE North 89~25'00" East, a distance of316.00feet toe 1/2" rebar found fora point on the west right-of-vvay line of Ronneda Road, a point on the east line of said Lot 4, Block 1, and the northeast corner ofthe herein described tract; THENCE South 00'40'08" East along the west right-of-vvay line ofRomoeda Road and the east line of said Lot 4, Block l, a distance of 10.15 feet 2 0[3 Field Note Description to the POINT OF BEGINNING and containing 10,676 square feet of land, more orless, This description and the accompanying plat were prepared from a Land Title Survey performed under the supervision of Richard F. Faust, P.E, Registered Professional Land Surveyor No. 4782nn March 11, 2013. FdCH ARID F.FAUST Registered Professional Land Surveyor No. 4782 suft -30f 3) W CARDINAL CITY COMMERCIAL DEVELOPMENT N VOLUME 14, PACE 790, LOT 4 cr— JC.M.R. BLOCK 2 S 01'J525" E 30.00' LOT 4 Q (CALLED S 00'78'00" E 28.40) BLOCK 1 N 89'42'42" E—� FOUND 5/8" N 89-5925" E 270.42' FOUND 112" Q t i / REBA,4 (CALL!U N 89.42'00"E 270.00) REHAR 60.08' �� (CAI I FO N 89.42'(,0" E \ 50.00) _FOUND 1/2' -- - -- REBA I? O SCALE 1"- 100' FOUND 1112" N 8942'42" E 10.00' 05 w L 0 T REBAR p�; a A O N v EXNIe1 T B PAGE 1 OF I ROMEDA COMMERCIAL PARK TO ACCOMPANY DESCRIPTION VOLUME 15, PAGE 391, OF cn JC.M.R A 10,676 .SC.FT. 10 FOOT WIDE EXCLUSIVE WAATERLINE EASEMENT q -- OUT Of FOUND 1/2"" LOT 4, BLOCK 1, OF ROMEDA COMMERCIAL PARK (V Lo REBAR VOLUME 15, PAGE J91, JCM.R. 't ;VOW OR FORMERL Y AND A 15.538 ACRE TRACT � SCALLON CONTROLS, INC. CLERK'S f1L£N0. 2011018427 ORPRJC W CALLED 15.538 ACRES OUT OF THE m CLERK'S FILE NO. 2071018427 J.W. BULLOCK SURVEY, ABSTRACT 7 = o� a7 JC.R.P.R. N BEAUMONT, JEFFERSON COUNTY TEXAS N X N NOTE: W w UNLESS OTHERWISE CS Q o Q NOTED, CORNERS ARE W) LOT 4 O SET W'TH A �" REBAR CAPPED "FAUST`. c')d C) (j) / p OF T i — S 00'17'18° E 37.44' k °•• N 89 42'42" E 253.85' f S 00'40'08" E 10.15'— FOUND 112" ��IQ Gti S TF,q f9 (CALLED s o.O 7s'o ° E 10,r5 j 1 /- `BAR d!N... S 89'42'42" W 253.85' 8925'00" \ \ f P.o.B. .........._..........................................._.... � N E 316.00' �,/ / .. SHARD F.FAUST FOUND 1 _... _....... 4782..� .... N 00'17'18" W 37.64' _% Ze.zo _FouNC REBAR viz" 299.85' !CALLED 300.00") •5�v'7 l REBAR j, -y •.-L fi �o:r S 8925'00" W 326.05 rREFERENCE BEAR/NG - VOLUME 15, PACE 391) UR L 0 T Z i REGISTERED PROFESSIONAL LAND SURVEYOR NO. 4782 ENGINEERING AND SURVEYING,INC. SURVEY REGISTRATION FIRM NO. 100024-00 2s2499`913-3410EET • FAX(09)813X34847702 RRo_;ECT n10. 120353 D ITICH WITH E)I'I'CSIt`I"UNI`rY r C ► T • E • X • A • s City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tyrone E. Cooper, City Attorney MEETING DATE: August 6, 2013 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to execute a Rejection of Quitclaim Deed and to file same in the Jefferson County Deed Records for property located at 1596 Park Street, Beaumont, Texas. BACKGROUND On June 26, 2013 LinMarie Garsee, as President of L.G. Properties, Inc., made an unsolicited donation of property located at 1596 Park Street, Beaumont, Texas by causing a Quitclaim Deed to be filed in the Deed Records of Jefferson County,Texas. The accepted practice where these matters are concerned is to have ongoing discussions between the parties prior to the donation of land or any other thing of value in order for the City staff to determine if there is a need or use for the property to be donated. This attempted donation of land was without the knowledge of staff or any prior communication with staff by Ms. Garsee. The property at 1596 Park was used to secure a $30,000 loan from the City's Small Business Revolving Loan Fund in 1995, which loan remains unpaid. A demolition lien was also placed on the property for the cost of the demolition of a commercial structure by the City. Additionally,there is a tax judgment against the property for delinquent taxes owed. Because a Deed has been filed conveying the land to the City, the City must affirmatively indicate its intent in accepting or rejecting the conveyed property. A document filed in the Deed Records disclaiming acceptance of the filed deed rejects the attempted conveyance. To do nothing is evidence of intent to accept the property. Staff has determined that there is no public need for this property at the present time or within the contemplated future. FUNDING SOURCE Not applicable. RECOMMENDATION Administration recommends rejecting the attempted donation. RESOLUTION NO. WHEREAS, on June 25, 2013, LinMarie Garsee, on behalf of and as President of L.G. Properties, Inc., executed a Quitclaim Deed to the City of Beaumont for property locally known as 1596 Park Street, and described in such deed as being Langham L50 Blk 6, noted herein as the Property In Question; and, WHEREAS, on June 26, 2013, the Quitclaim Deed executed by LinMarie Garsee, President of L.G. Properties, Inc., was filed in the Deed Records of Jefferson County, Texas and is Jefferson County Deed Record #2013020707; and, WHEREAS, the City Council for the City of Beaumont is empowered with all authority, rights and responsibilities for the management of the City, including, but not limited to, the authority to accept or reject the transfer of property to the City; and, WHEREAS, the City Council finds it is not in the public interest to accept the conveyance of the Property In Question and that same should be rejected; 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 Council does hereby reject the transfer of the Property In Question by L.G. Properties, Inc. to the City of Beaumont and does not accept the Quitclaim Deed of the Property In Question; and, BE IT FURTHER RESOLVED THAT the City Manager, Kyle Hayes, is hereby authorized to execute on behalf of the City of Beaumont a Rejection of Quitclaim Deed in substantially the form attached hereto as Exhibit"A" and cause the same to be filed in the Jefferson County Deed Records. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 6th day of August, 2013. - Mayor Becky Ames - STATE OF TEXAS COUNTY OF JEFFERSON REJECTION OF QUITCLAIM DEED On June 25, 2013, LinMarie Garsee, on behalf of and as President of, L.G. Properties, Inc., as GRANTOR, executed a Quitclaim Deed that was filed in the Jefferson County Deed Records, which was recorded as Jefferson County Deed Record #2013020707, and filed with the County on June 26, 2013, transferring to the City of Beaumont all of its"interest in, [and] incumbrances, including but not limited to taxes, liens, [and] "notes," to the property locally known as "1596 Park Street, Beaumont, Jefferson County, Texas-Langham L50 Blk 6," herein noted as Property In Question. On August 6, 2013, at a duly called Beaumont City Council meeting, the City Council of the City of Beaumont, Texas, adopted Resolution No. 13- , which authorized the City Manager of the City of Beaumont, Mr. Kyle Hayes, to execute and file this Rejection of Quitclaim Deed. (See Exhibit"A"). Such resolution is incorporated herein by reference as if set forth fully at length. On behalf of the City of Beaumont, the undersigned does not accept the transfer of the Property In Question and hereby rejects and disclaims the Quitclaim Deed executed on June 25, 2013 by LinMarie Garsee, on behalf of and as President of, L.G. Properties, Inc., which was filed in the Deed Records of Jefferson County, Texas, on June 26, 2013. Such Quitclaim is void and of no effect as the City of Beaumont never agreed to accept the transfer of the Property In Question. EXHHIIMT "A" Signed this day of , 2013. Kyle Hayes, City Manager SUBSCRIBED AND SWORN TO BEFORE ME on this the day of 2013, to certify which witness my hand and official seal. Notary Public in and for the State of Texas E RICH WITH OPPORTUNITY r T • E • x • A • s City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Chris Boone, Community Development Director MEETING DATE: August 6, 2013 REQUESTED ACTION: Council consider a resolution of support requesting that the Texas Department of Transportation (TXDOT) restore Congestion Mitigation and Air Quality (CMAQ)/Category 5 funding to the Jefferson-Orange-Hardin-Regional Transportation Study area. BACKGROUND In June of 2012, City staff and Beaumont Municipal Transit (BMT) submitted a grant application for S1,500,000 in Congestion Mitigation and Air Quality (CMAQ)/Category 5 funds to replace three (3) older diesel buses with three (3) new compressed natural gas (CNG)buses. The CMAQ program provides transportation funding to improve air quality through such projects as the proposed purchase of CNG buses as well as other projects such as the construction of new sidewalks, new turning lanes and traffic studies. Despite a 2012 CMAQ Call for Projects, the South East Texas Regional Planning Commission-Metropolitan Planning Organization (MPO) has been informed that the projects cannot be awarded due to a lack of CMAQ funds. It is our hope that this resolution would help to restore funding to these worthwhile projects. FUNDING SOURCE None. RECOMMENDATION Approval of the resolution. RESOLUTION NO. A RESOLUTION BY THE CITY OF BEAUMONT, TEXAS REQUESTING THAT THE TEXAS DEPARTMENT OF TRANSPORTATION- TRANSPORTATION PLANNING AND PROGRAMMING DIVISION RESTORE CONGESTION MITIGATION AND AIR QUALITY IMPROVEMENT (CMAQ)/CATEGORY 5 FUNDING TO THE JEFFERSON- ORANGE-HARDIN REGIONAL TRANSPORTATION STUDY (JOHRTS) AREA TO ALLOW FOR THE IMPLEMENTATION OF CMAQ/CATEGORY 5 PROJECTS RECENTLY SELECTED BY THE SOUTH EAST TEXAS REGIONAL PLANNING COMMISSION-METROPOLITAN PLANNING ORGANIZATION (SETRPC-MPO). WHEREAS, the SETRPC-MPO for the JOHRTS area is the designated agency for transportation planning in Jefferson, Orange, and Hardin Counties in southeast Texas; and, WHEREAS, the SETRPC-MPO began a CMAQ Call for Projects in 2012 and selected a variety of projects from numerous sponsors that improve air quality and reduce congestion; and, WHEREAS, the SETRPC-MPO complied with the Texas Department of Transportation (TxDOT)-Transportation Planning and Programming Division's (TPP) request to provide a plan of action to utilize the area's CMAQ allocation and completed that plan of action; and, WHEREAS, the CMAQ projects are identified in the Exempt Project JOHRTS Metropolitan Transportation Plan-2035 and the Exempt Project JOHRTS FY 2013-2016 Transportation Improvement Program; and, WHEREAS, the Federal Highway Administration (FHWA) approved the projects on June 12, 2013 as a part of the Texas Statewide Transportation Improvement Program (STIP) May 2013 Quarterly Revisions; and, WHEREAS, the SETRPC-MPO has diligently coordinated with TxDOT to advance the projects selected in the 2012 CMAQ Call for Projects; and, WHEREAS, the TxDOT-Beaumont District and project sponsors anticipated moving forward with implementation of these projects in FY 2014-2016 following FHWA approval of the STIP May 2013 Quarterly Revisions; and, WHEREAS, the SETRPC-MPO has been informed that these projects cannot be obligated due to a lack of funds in the 2014 UTP; and, WHEREAS, these projects are critical to the local entities in the JOHRTS area, improve air quality and mitigate congestion, as well as aid in economic development and improve safety in Jefferson, Orange, and Hardin Counties; and , NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT the City of Beaumont hereby requests that TxDOT-TPP promptly restore CMAQ/Category 5 funding to the JOHRTS area to allow for the implementation of this important set of projects recently selected by the SETRPC-MPO. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 6th day of August, 2013. - Mayor Becky Ames - ATTEST-. RICH WITH OPPORTVNITN' [1EA,11M0N*- i i E��ry y�r A a A • A * S REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS AUGUST 6, 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. 1/Consent Agenda * Consent Agenda GENERAL BUSINESS 1. Consider an ordinance amending the FY 2013 Budget 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) EXECUTIVE SESSION * Consider matters related to the deliberation of the purchase, exchange, lease or value of real property in accordance with Section 551.072 of the Government Code, to wit: 625 Orleans Street, Hotel Beaumont 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. .. "if'i o PdBRT Nt"rY r C ,11 1�1 C1 I T • E • X • A • S City Council Agenda Item TO: City Council PROM: Kyle Hayes, City Manager PREPARED BY: Laura Clark, Chief Financial Officer MEETING DATE: August 6, 2013 REQUESTED ACTION: Council consider an ordinance amending the FY 2013 Budget. BACKGROUND In accordance with Article VI of the City Charter, the City Manager shall strictly enforce the provisions of the budget as specified in the ordinance adopting the budget. He shall not authorize or approve any expenditure unless an appropriation has been made in the budget ordinance adopting the budget, and there is an available unencumbered balance of the appropriation sufficient to pay the liability to be incurred. Approving the proposed amendments will ensure that expenditures are within the approved budget. "Che details of the amendments are as follows: General Fund Original Budget Proposed Amendment Amended Budget Total Expenditures $ 110,740,700 $ 2,237,000 $ 112,977,700 Total Revenues $ 109,160,300 $ 3300,000 $ 112,260,300 The General Fund expects approximately $3.1 Million more in revenue for FY 2013, mostly due to sales tax collections resulting from state audits. The Employee Benefits Fund has experienced approximately $1.450,000 more in claims on the City's health insurance plans than was expected in the FY 2013 Budget due to several large medical claims. As a result, an infusion of funds is needed to stabilize it. A transfer of$1,000,000 from the General Fund to the Employee Benefits Fund is being proposed. In addition, a transfer of$100,000 to the Henry Homberg Golf Course Fund is proposed in order to shore up the fund balance for the next fiscal year. Also, there are approximately $125,000 in liabilities that have been accounted for in the General Liability Fund that relate to General Fund departments; therefore, a transfer of$125,000 is proposed. Employee Benefits Original Budget Proposed Amendment Amended Budget Fund "Dotal Expenditures $ 18,857,500 $ 1,000.000 $ 19,857,500 "Total Revenues $ 18,376,400 $ 1,000,000 $ 19376,400 See explanation on Page One. Henry Homberg Original Budget Proposed Amendment Amended Budget Golf Course Fund Total Expenditures $ 562,200 $ 30,000 $ 592,200 "Total Revenues $ 519,000 $ 100,000 $ 669,000 An amendment is proposed in the Henry Homberg Golf Course Fund to appropriate additional maintenance expenditures incurred while improving the golf course during this fiscal year. Although there is sufficient additional revenue to cover the additional appropriation of$30,000, a transfer from the General Fund is proposed in FY 2013 to increase the fund balance to approximately $173,700. Municipal Transit Original Budget Proposed Amendment Amended Budget Fund "Total Expenditures $ 5,105,000 $ 510,000 $ 5.615,000 Total Revenues $ 4,797,600 $ 510,000 $ 5307,600 The City of Beaumont received stimulus funding for capital improvements to the Municipal Transit maintenance shop and new bus shelters across the city. Although it was anticipated that the projects would be completed by September 30, 2012, they have been ongoing in FY 2013. The proposed amendment appropriates the capital expenditures and the related reimbursements of rant funds. Hotel Occupancy Original Budget Proposed Amendment Amended Budget Tax Fund "Total Expenditures $ 2,508,900 $ 100,000 $ 2,608,900 Total Revenues $ 2,390,900 $ 80,000 $ 2.470,900 The proposed amendments in the Hotel Occupancy Tax Fund includes $100,000 for a portion of the City's share of the revenue guarantee for American Airlines paid during FY 2013 and additional revenues of$80,000 received in FY 2013. There is sufficient fund balance to cover the difference. Fleet Fund Original Budget Proposed Amendment Amended Budget "Total Expenditures $ 8,139,700 $ 400,000 $ 8.539,700 Total Revenues $ 8,103,100 $ 465,000 $ 8,568,100 During FY 2013 the Fleet Fund incurred additional costs to repair and maintain the City's vehicles and equipment. This additional work also generated additional revenue, as the various departments are charged for the labor and materials. The proposed amendment is to appropriate additional expenditures of$400,000 and additional revenue of$465,000. Hurricane Ike Fund Original Budget Proposed Amendment Amended Budget Total Expenditures $ 500,658 $ 2,350,000 $ 2.850,658 "Dotal Revenues $ 500,000 $ 2,350,000 $ 1850,000 The City received an insurance settlement in the amount of$4,315,000 for damage resulting from Hurricane Ike. This proposed amendment is to transfer $2,350,000 from the Hurricane Ike Fluid to the Capital Reserve Fund for facility improvements. Capital Reserve Original Budget Proposed Amendment Amended Budget Fund Total Expenditures $ 3,698,900 $ 1,500,000 $ 5,198,900 'Votal Revenues $ 2,422,100 $ 2,350,000 $ 4,772,100 Facility improvements as well as fleet and equipment purchases are accounted for in the Capital Reserve Fluid. The proposed amendment is to appropriate additional expenditures incurred during FY 2013 in the amount of$1,500,000 which includes heavy equipment in the amount of $944.400 that was purchased with cash rather than financing for use in the Streets and Drainage Division, the purchase of the warehouse property near the Event Centre and skate park for S 1 MAW and several projects that were included in the FY 2012 Budget and expected to be complete during that fiscal year but continued into FY 2013 in the amount of$237,900 as well as a mower and three (3) tractors delivered at the beginning of FY 2013 instead of in FY 2012 in the amount of$201300. The transfer from the Hurricane Ike Fund is also included in this proposed amendment. Debt Service Fund Original Budget Proposed Amendment Amended Budget Total Expenditures $ 13,950,300 $ 285,300 $ 14.235 600 In August of 2012, the City issued certificates of obligations and refunded outstanding issues. At the time the FY 2013 Budget was being prepared the debt service related to the new and refunded debt was estimated. The proposed amendment of$285,000 in the Debt Service Fund appropriates the actual debt service paid in FY 2013. There is sufficient fund balance to cover the proposed amendment. Municipal Airport Original Budget Proposed Amendment Amended Budget Fund "Dotal Expenditures $ 425,100 $ 55,100 $ 480,200 Total Revenues $ 156,100 1 $ 54,142,100 $ 54,298,200 The Municipal Airport Fund accounts for the operations of the City's municipal airport. The proposed amendment of$55,100 is to appropriate additional expenditures related to improvements to the terminal building at the airport. In FY 2013, the City was approved to use the oil and gas royalties derived from the airport property and was required to account for the monies in the Municipal Airport Fund rather than being restricted in a capital program fund. The additional revenue in the proposed amendment reflects the monies transferred from the capital pi o,!ram fund and interest earned on those monies. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of ordinance. ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING THE FISCAL BUDGET OF THE CITY OF BEAUMONT FOR THE FISCAL YEAR 2013 TO APPROPRIATE ADDITIONAL EXPENDITURESAND REVENUES IN THE GENERAL FUND, EMPLOYEE BENEFITS FUND, HENRY HOMBERG GOLF COURSE FUND, MUNICIPAL TRANSIT FUND, HOTEL OCCUPANCY TAX FUND, FLEET FUND, HURRICANE IKE FUND, CAPITAL RESERVE FUND, DEBT SERVICE FUND, AND MUNICIPAL AIRPORT FUND; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR REPEAL. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. THAT the Fiscal Budget of the City of Beaumont for the period commencing October 1, 2012 through September 30, 2013, be and the same is hereby amended to appropriate additional expenditures and revenues in the General Fund as shown below: General Fund Original Budget Proposed Appropriation Amended Budget Total Expenditures $ 110,740,700 $ 2,237,000 $ 112,977,700 Total Revenue $ 109,160,300 $ 3,100,000 $ 112,260,300 Section 2. THAT the Fiscal Budget of the City of Beaumont for the period commencing October 1, 2012 through September 30, 2013, be and the same is hereby amended to appropriate additional expenditures and revenues in the Employee Benefits Fund as shown below: Employee Benefits Original Budget Proposed Appropriation Amended Budget Fund Total Expenditures $ 18,857,500 $ 1,000,000 $ 19,857,500 Total Revenue $ 18,376,400 1 $ 1,000,000 1 $ 19,376,400 Section 3. THAT the Fiscal Budget of the City of Beaumont for the period commencing October 1, 2012 through September 30, 2013, be and the same is hereby amended to appropriate additional expenditures and revenues in the Henry Homberg Golf Course Fund as shown below: Henry Homberg Original Budget Proposed Appropriation Amended Budget Golf Course Fund Total Expenditures $ 562,200 $ 30,000 $ 592,200 Total Revenue $ 519,000 1 $ 100,000 $ 669,000 Section 4. THAT the Fiscal Budget of the City of Beaumont for the period commencing October 1, 2012 through September 30, 2013, be and the same is hereby amended to appropriate additional expenditures and revenues in the Municipal Transit Fund as shown below: Municipal Transit Original Budget Proposed Appropriation Amended Budget Fund Total Expenditures $ 5,105,000 $ 510,000 $ 5,615,000 Total Revenue $ 4,797,600 1 $ 510,000 $ 5,307,600 Section 5. THAT the Fiscal Budget of the City of Beaumont for the period commencing October 1, 2012 through September 30, 2013, be and the same is hereby amended to appropriate additional expenditures and revenues in the Hotel Occupancy Tax Fund as shown below: Hotel Occupancy Original Budget Proposed Appropriation Amended Budget Tax Fund Total Expenditures $ 2,508,900 $ 100,000 $ 2,608,900 Total Revenue $ 2,390,900 1 $ 80,000 1 $ 2,470,900 Section 6. THAT the Fiscal Budget of the City of Beaumont for the period commencing October 1, 2012 through September 30, 2013, be and the same is hereby amended to appropriate additional expenditures and revenues in the Fleet Fund as shown below: Fleet Fund Original Budget Proposed Appropriation Amended Budget Total Expenditures $ 8,139,700 $ 400,000 $ 8,539,700 Total Revenue $ 8,103,100 $ 465,000 $ 8,568,100 Section 7. THAT the Fiscal Budget of the City of Beaumont for the period commencing October 1, 2012 through September 30, 2013, be and the same is hereby amended to appropriate additional expenditures and revenues in the Hurricane Ike Fund as shown below: Hurricane Ike Fund Original Budget Proposed Appropriation Amended Budget Total Expenditures $ 500,658 $ 2,350,000 $ 2,850,658 Total Revenue $ 500,000 $ 2,350,000 $ 2,850,000 Section 8. THAT the Fiscal Budget of the City of Beaumont for the period commencing October 1, 2012 through September 30, 2013, be and the same is hereby amended to appropriate additional expenditures and revenues in the Capital Reserve Fund as shown below: Capital Reserve Fund Original Budget Proposed Appropriation Amended Budget Total Expenditures $ 3,698,900 $ 1,500,000 $ 5,198,900 Total Revenue $ 2,422,100 $ 2,350,000 $ 4,772,100 Section 9. THAT the Fiscal Budget of the City of Beaumont for the period commencing October 1, 2012 through September 30, 2013, be and the same is hereby amended to appropriate additional expenditures and revenues in the Debt Service Fund as shown below: Debt Service Fund Original Budget Proposed Appropriation Amended Budget Total Expenditures $ 13,950,300 $ 285,300 $ 14,235,600 Section 10. THAT the Fiscal Budget of the City of Beaumont for the period commencing October 1, 2012 through September 30, 2013, be and the same is hereby amended to appropriate additional expenditures and revenues in the Municipal Airport Fund as shown below: Municipal Airport Original Budget Proposed Appropriation Amended Budget Fund Total Expenditures $ 425,100 $ 55,100 $ 480,200 Total Revenue $ 156,100 1 $ 54,142,100 $ 54,298,200 Section 11. That if any section, subsection, sentence, clause or phrase of this ordinance or the application of same to a particular set of persons or circumstances should for any reason be held to be invalid, such invalidity shall not affect the remaining portions of this ordinance and, to such end, the various portions and provisions of this ordinance are declared to be severable. Section 12. That all ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 6th day of August, 2013. - Mayor Becky Ames -