HomeMy WebLinkAboutPACKET JAN 10 2006 UO%►
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City of Beaumont
REGULAR MEETING OF THE CITY COUNCIL
COUNCIL CHAMBERS JANUARY 10, 2006 1:30 P.M.
AGENDA
CALL TO ORDER
* Invocation Pledge Roll Call
* Presentations and Recognition: Receive a status report relating to expenses and
reimbursement efforts associated with Hurricanes Katrina and Rita
* Public Comment: Persons may speak on scheduled agenda items 3-5/Consent
Agenda
* Consent Agenda
GENERAL BUSINESS
1. Consider approving a request for a specific use permit to allow a retail shopping
center in a GC-MD (General Commercial-Multiple Family Dwelling)District in the
3000 block of Dowlen Road
2. Consider approving a request for a specific use permit to allow a credit union in an
RCR(Residential Conservation and Revitalization)District on Carroll Street,
between Grant and Lincoln
3. Consider approving a request to abandon a portion of McLean Drive
4. Consider approving a request to abandon a 20' alley in Block 21, West Oakland
Addition between Edmonds Avenue and Fannett Road
5. Consider approving a bid for repairs to the fuel island canopy and wash bay
building at the Fleet Maintenance facility
COMMENTS
* Councilmembers/City Manager comment on various matters
• * Public Comment(Persons are limited to 3 minutes)
EXECUTIVE SESSION
* Consider matters related to contemplated or pending litigation in
accordance with Section 551.071 of the Government Code:
City of Crockett Texas vs Center Point Energy Entex, Center Point Energy
Resources Corp.
Michael Charles, et al v. City of Beaumont, et al
Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or
services are requested to contact Lenny Caballero at 880-3716 three days prior to the meeting.
City of Beaumont
�• Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager .
PREPARED BY: Kirby Richard, Internal Services Director
MEETING DATE: January 10, 2006
AGENDA MEMO DATE: January 4, 2006
REQUESTED ACTION: Council consider award of a bid for repairs to the fuel island canopy
and wash bay building at the Fleet Maintenance facility.
RECOMMENDATION
Administration recommends awarding a bid for furnishing all labor, supplies, materials and
equipment for repairing the fuel island canopy and the wash bay building at the Fleet Maintenance
facility to Cleveco Construction of Lumberton in the total amount of$44,500.
BACKGROUND
Bid notices were provided to six (6) vendors, with only Cleveco responding with a bid. The
structures were damaged by Hurricane Rita, and need to be replaced. The scope of work includes
replacement of the damaged materials on the fuel canopy roof, and replacement of the damaged
metal components on the end-wall of the wash bay building.
The completion time is estimated to be 45 days, and work will commence in late January.
BUDGETARY IMPACT
Due to the nature of the damage, funding for this project will be reimbursed from property
insurance proceeds.
PREVIOUS ACTION
None.
SUBSEQUENT ACTION
None.
Repair of Fuel Island Canopy and Wash Bay -Fleet Maintenance Facility
January 4, 2006
Page 2
RECOMMENDED BY
City Manager and Internal Services Director.
U' 1K�
City of Beaumont
REGULAR MEETING OF THE CITY COUNCIL
COUNCIL CHAMBERS JANUARY 10,2006 1:30 P.M.
CONSENT AGENDA
* Approval of minutes
* Confirmation of committee appointments
A) Approve a declaration of intent to reimburse capital expenditures
B) Approve payment of an invoice for pipe used in sewer line replacement by the Water
Utilities Department
• C) Approve a resolution authorizing the acceptance of a fifteen foot 15 wide
P ( ) Water Line
Easement providing access for fire prevention services
D) Approve a resolution authorizing the acceptance of a ten foot(10')wide Water Line
Easement out of the Amended Plat of Cinemark Addition, to provide access for fire
prevention services
E) Approve a resolution authorizing the settlement of the claim of Brannon Steward v. The
City of Beaumont
•
.�... City of Beaumont
Council Agenda ge da Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Kirby Richard, Internal Services Director
MEETING-DATE: January 10, 2006
AGENDA MEMO DATE: January 4, 2006
REQUESTED ACTION: Council approval of a declaration of intent to reimburse capital
expenditures.
RECOMMENDATION
Administration recommends a declaration of intent to reimburse certain capital expenditures from
proceeds of lease purchase agreements.
BACKGROUND
In the budget for Fiscal Year 2006,certain capital expenditures were designated to be financed through
lease purchase agreements. Budgeted capital expenditures scheduled for lease purchase include(50)
golf cars,one(1)1,500 gpm fire pumper,three(3)articulated dump trucks,and the upgrading oftraffic
signal lights to LED lights. The estimated cost of this equipment is approximately$1,9912,000.
Financing multiple items totaling a large sum usually result in more competitive quotes. Order dates
and delivery schedules vary for each equipment purchase and lease purchase agreements must be
executed within sixty(60)days after receipt of equipment to meet the IRS regulations.
However, the City may issue a declaration indicating that it is the City's intent to purchase capital
equipment and be reimbursed from proceeds of lease purchase agreements. The filing of this notice
extends the time in which the lease agreement must be executed from sixty(60) days to eighteen(18)
months. Approving the City's intent to reimburse capital expenditures from lease purchase proceeds
will result in lower interest rates and meet the IRS requirements for reimbursement of funds from lease
purchase agreements.
Declaration of Intent
January 4, 2006
Page 2
Approval of the declaration of intent does not obligate the City to either purchase this equipment nor
use a lease purchase agreement to finance the purchase cost.
BUDGETARY EMPACT
None.
PREVIOUS ACTION
None.
SUBSEQUENT ACTION
None.
RECOMMENDED BY
City Manager, Internal Services Director, and Finance Officer.
B
it..7L11:J
City of Beaumont
Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Kirby Richard, Internal Services Director
MEETING.DATE: January 10, 2006
AGENDA MEMO DATE: January 4, 2006
REQUESTED ACTION: Council consider payment of an invoice to Isco Industries, LLC of
Louisville, Kentucky for pipe used in sewer line replacement.
RECOMMENDATION
Administration recommends payment in the amount of$25,800 to Isco Industries for pipe used
in sewer line replacement by the Water Utilities Department.
BACKGROUND
The antiquated concrete sewer main servicing the southwest portion of Beaumont adjacent to
Interstate 10 apparently experienced a collapse during the late summer months of 2005, and has
periodically left customers along the I-10 corridor, including Don's Seafood, Outback, and
Acapulco restaurants, among others, without sewer service. . By November, the service
interruptions were becoming increasingly frequent and difficult to adequately repair; causing
significant concern among the affected customers. In November, an internal camera feed through
the line yielded the decision by Water Utilities personnel to replace the line immediately to restore
reliable sewer service to the customers in the area as soon as possible, utilizing the City's pipe
bursting equipment.
Due to the impact of the hurricanes experienced by the Gulf Coast this summer, polyethylene pipe
is in short supply, and has a longer than normal delivery time, particularly in the 10".diameter
necessary to replace the line. Inquiries were made to all local pipe suppliers, including Golden
Triangle Pipe, Coburn Supply, Hughes Supply, and Rural Pipe for pricing and availability of
1,750 feet of the pipe. Responses indicated that the quantity of pipe needed would not be available
for at least 4-6 weeks from the date of order.
Payment of Invoice for Sewer Pipe Replacement
January 4, 2006
Page 2
Isco Industries was the only supplier at the time with a sufficient quantity in stock and available
for shipping. The pricing was $13.18 per foot, for a total pipe cost of$23,065. The order was
placed December 8, 2005, and received December 16, 2005. The pricing did not include freight
for shipping the pipe, as the pipe was to be delivered from three (3) different Isco sites and was
estimated at $1,600 at the time of order. Due to fuel surcharges incurred and passed on by the
freight company, the actual freight cost to Isco was $2,735.00 (which has been substantiated by
documentation provided by Isco Industries), bringing the total invoice to $25,800.
At this time, Water Utilities personnel have replaced approximately 1,300 feet of the sewer line,
and the balance should be completed by January 13, 2006.
BUDGETARY IMPACT
The funds are available in the Water Utilities Department's operating budget.
PREVIOUS ACTION
None.
SUBSEQUENT ACTION
None.
RECOMMENDED BY
City Manager, Internal Services Director and Water Utilities Director.
c
117Lj7j C it of Beaumont
Y Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Tom Warner, Public Works Director
MEETING DATE: January 10, 2006
AGENDA MEMO DATE: January 3, 2006
REQUESTED ACTION: Council consider a resolution authorizing the acceptance of a fifteen
foot (15') wide water line easement providing access for fire
prevention services.
RECOMMENDATION
Administration recommends acceptance of a fifteen foot (15') wide water line easement providing
access for fire prevention services.
BACKGROUND
Golden Triangle Church on the Rock has agreed to convey a fifteen foot (15') wide water line
easement to the City of Beaumont. The easement will provide mandatory access for fire prevention
services for the Golden Triangle Church on the Rock located at 6355 Highway 69 S (out of P.
Humphries Survey, Abstract 32).
BUDGETARY IMPACT
None.
PREVIOUS ACTION
None.
SUBSEQUENT ACTION
None.
RECOMMENDED BY
City Manager and Public Works Director.
engfire_church-on-rock ib.wpd
3 January 2006
FAUST and Surveyi , Inc,
PROP46�101LJ11.�N91ilE6R8/4TZp 1'ROPE861c]NJ4 L SURVS►oth
IE-MAILAC/13RMSS INPO @FBUSTEi��COIN TO°HOHS(4091 6 1 3 34 1 0
�S CALDER S"mwr PIU[t�{OZ 813`3484
8sAUM0N'#TXXAS 7770,E
FIELD NOTE DESCRIPTION
FORA
IS.00FEET KDE EASEMENT
FOR FIREWATER PURPOSES
OUT OF THE
PNE`LHAMHUMPHR.IE'S'SU.,RVEY,ABSTRACT 32
-W FFERS'ON COUNTY, TEXAS
,February 14,2005
BEING a 15.00 feet wide easement for Firewater purposes to the City of Beaumont,
Jefferson County, Texas, said 15.00 feet wide easement being located in that certain
12.63 acre tract out of the Pelham Humphries Sury ey, Abstract 32, conveyed to Golden
Triangle Church on the Rock as recorded.in Filet Code 104-852200 of the Real Property
Records of Jefferson County, Texas; said 15.00 feet wide easement being more
particularly described by metes and bounds as follows.
COIVIN'CENCING at a 1" icon pipe found in the Southwest sine of State
Highway 347 for the Southeast corner of the said 12.63 acre tract;
THENCE North 48101,'10" West (reference bearing) along the said
Southwest line of State Highway 347, a distance of 125.40 feet to a.point
for corner Located in the Southwest line Of State Highway 347 for the
POINT OF BEGINNING of the herein described casement;
THENCE South 48 019'02" West, 15.00 feet from and parallel to an
existing concrete drive, a distance of 47.89 feet to a point for corner;
THENCE South 47°51'51''West, continuing 15.00 feet.from aztd parallel
to said concrete drive, a distance of 4).1.29 feet to a point for corner;
THENCE North 40 022'09" West, a distance of 14.52 feet to a point for
corner;
THENCE North 45°55'46" East, along said concrete drive, a distance of
14.57 feet;to a point;
0405-101 ESMT RED/ �
Field Note Description
THENCE North 47°51'51" East, along said concrete drive, a distance of
395.40 feet to a point for corner;
THENCE North 48 019°02" East, continuing along said concrete drive, a
distance of 46.22 feet to a point for corner; .
THENCE South 48 001'10" East, along the Southwesterly line of State
Highway 347, a distance of 15-09 feet to the POINT OF BEGINNING
and containing 0.16 acres of land,more or less.
This deseription and the accOmPanying Plat were prepared from a Land
Title Survey perforated under the supervision of Richard F. Faust, P.E.,
Registered Professional.Land Surveyor No.4782 on November 8,2004.
Richard4Fa t P E.
RKpt�F�
Registered Professional Land Surveyor No.47$2
Page 2
N
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Or
SCALE: 1, -80•
F
EXISTING\ ¢
CGGNGRETE J y POINT OF
-kk 4-BEGINNING
et
Iro
V
POINT OF
/METAL BUILDING P.P: COMMENCING
/ ON BLOCKS FOUND 1"
IRON PIPE
yam, RO
vy� a96l
CONC ♦ .
NOW OR
DILTANXINC BEAU.FORMERLY
\ C.F. Na 2001014848,
...................
RICHARD F FAUST
0.16 AC. FIREWATER LINE -p►-'
LINE BEARING UISTANCE EASEMENT EXHIBIT p '"--
L1 S 4899'02" W 47.89' Y
L2 N 40'22'09" E 14.52' FAUST
L3 N 455546" E 14.57 DEC. 7 2005__
L4 N.48'19'2" E. 46.22' Date:
L5 S 48.1.10- E 15.09' ENGINEERING AND SURVEYING, INC. 04-14 &
"Serving the Golden Triangle for 10 years" Field Book No.: 04-16
2525 Calder Street D405=101exhibit
Beaumont, Texas 77702 Project No.
(409) 813-3410 Fax (409) 813-3484
A.. Cit y of Beaumont
Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Tom Warner, Public Works Director
MEETING DATE: January 10, 2006
AGENDA MEMO DATE: December 21, 2005
REQUESTED ACTION: Council consider a resolution authorizing the acceptance of a ten foot
(10') wide Water Line Easement out of the Amended Plat of
Cinemark Addition, to provide access for fire prevention services.
RECOMMENDATION
CNMK Texas Properties,Ltd. has agreed to convey a ten foot(10')wide Water Line Easement to
the City of Beaumont. The easement, out of Lot lA of the Amended Plat of Cinemark Addition
(in the Charles Williams Survey, Abstract 59), is described as being across property owned by
CNMK Texas Properties, Ltd. (Tinseltown Theaters 3855 11110 S) and will provide mandatory
access for fire prevention services.
Administration recommends acceptance of the easement.
BACKGROUND
The easement is to be used to provide access to the water lines and fire hydrants for the property
named above. It would also allow for the construction, alteration, operation and maintenance of
the said water lines and appurtenances.
BUDGETARY IMPACT
None.
PREVIOUS ACTION
None.
SUBSEQUENT ACTION
None.
RECOMMENDED BY
City Manager and Public Works Director
\engtinseltown esmt-ib.wpd
21 December 2005
EXHIBIT "A'"
Legal Description: 0.4340 Acre Water Utility Easement
Out of and Part of Lot 1 A
Amended Plat of Cinemark Addition
Volume 16, Page 62,Map Records
Charles Williams Survey,Abstract No. 59
Beaumont,Jefferson County,Texas
BEING a 0.4340 Acre Water Utility Easement situated in the Charles Williams Survey, Abstract
No. 59, Jefferson County, Texas and being out of and part of Lot lA of the Amended Plat of
Cinemark Addition, a subdivision of the City of Beaumont, Jefferson County, Texas, according
to the plat thereof recorded in Volume 16, Page 62,Map Records,Jefferson County, Texas, said
0.4340 Acre Water Utility Easement being more particularly described as follows;
NOTE. All bearings are based on the North line of that certain called 1.5273
acre tract of land as recorded in Clerk's File.No: 2004047754, Official Public
Records of Real Property, Jefferson County, Texas as SOUTH 89°23'12"EAST
.
COMMENCING at a 5/8".iron rod with a cap found for the Northeast comer ofthe said Lot IA,
said comer also being an interior ell corner of Tract IV B of the Second Amended Plat of
Amended Ferguson Development Park, a subdivision,of the City of Beaumont, Jefferson County,
Texas, according to the plat thereof recorded in Volume 16, Page 296, Map Records, Jefferson
County, Texas and also being the Northwest comer of that certain called 1.5709 acre tract of land
as described in a "Special Warranty Deed with Vendor's Lien" from Cinemark USA, Inc to
Bharat Patel as recorded in Clerk's File No. 2001012289, Official Public Records of Real
Property, Jefferson County, Texas and the Southwest corner of that certain called 1.8966 acre
tract of land as described in a"Special Warranty Deed with Vendor"s Lien" from Cinemark USA,
Inc to Ajeshkumar H. Patel as recorded in Clerk's File No. 2001012290, Official Public Records
of Real Property,Jefferson County, Texas;
THENCE SOUTH 00 037"03" WEST, for the boundary between the said Lot 1A and the said
Tract IVB,the same being the West line of the said 1.5709 acre Bharat Patel tract, for a distance
of 204.95 feet to a 5/8" iron rod found for corner, said corner also being the Southeast corner of
the said 1.5709 acre Bharat Patel tract and the Northwest corner of that certain called 1.5273 acre
tract of land as described in a "Special Warranty Deed with Assigned Vendor's Lien" from Jack
Patel to Vishwas Enterprises,L.P. as recorded in Clerks File No. 2004047754, Official Public
Records of Real Property, Jefferson County, Texas;
THENCE SOUTH 00°3633" WEST, continuing for the boundary between the said Lot lA and
the said Tract IV B, the same being the West line of the said 1.5273 acre Vishwas Enterprises,
L.P. tract, for a distance of 172.76 feet to the POINT OF BEGINNING of the tract herein
described;
EXMIT"A°
Pagel of 4
MARK W. WTTTTF.TXV a T7n A 00nnT A Mnn —1-
THENCE SOUTH 00 036'33" QUEST, continuing for the boundary between the said Lot lA and
the said Tract IV B, for a distance of 10.00 feet to a point for comer;
THENCE NORTH 89 023'27" WEST, over and across the said Lot 1A, for a distance of 34.78
feet to a point for comer;
THENCE NORTH 44 023'27" WEST, over and across the said Lot 1A, for a distance of 7.39
feet to a point for comer;
THENCE SOUTH 41039'54" WEST, over and across the said Lot IA, for a distance of 52.96
feet to a point for comer;
THENCE SOUTH 47 029'49" EAST, over and across the said Lot IA, for a distance of 24.69
feet to a point for corner;
THENCE SOUTH 42°30'11" QUEST, over and across the said Lot IA, for a distance of 10.00
feet to a point for corner;
0 THENCE NORTH 47 029'49" WEST, over and across the said Lot 1A, for a distance of 24.55
feet to a point for comer;
THENCE SOUTH 41039'54" WEST, over and across the said Lot IA, for a distance of 442.45
feet to a point for comer;
THENCE NORTH 48 018'18" WEST, over and across the said Lot IA, passing at a distance of
431.69 feet a 5/8" iron rod (bent) found for an interior ell corner of said Lot lA and also being
the most Easterly comer of Lot 5 of the Replat of Cinemark Addition, a subdivision of the City
of Beaumont, Jefferson County, Texas recorded in Volume 15 Page 297, Map Records, Jefferson
County, Texas, and continuing for a total distance of 607.29 feet to a point for comer, said comer
being in the Southeasterly right-of-way line of Interstate Highway No. 10;
THENCE NORTH 31043'19" EAST, continuing for the boundary between the said Lot IA and
the said Southeasterly right-of-way line of Interstate Highway No. 10,for a distance of 10.15 feet
to a point for comer;
THENCE SOUTH 4818'18" EAST, over and across the said Lot 1A, for a distance of 363.88
feet to a point for comer;
THENCE NORTH 39 059'35" EAST, over and across the said Lot 1A, for a distance of 39.13
feet to a point for corner;
THENCE SOUTH 50 000'25" EAST, over and across the said Lot 1A, for a distance of 10.00
feet to a point for corner;
EXHIBIT"A"
Page 2 of 4
MARKW. WHITF,T.FV d Nn a ecn1 TAM—1 �.,,,
THENCE SOUTH 39 059'35 WEST, over and across the said Lot IA, for a distance of 39.42
feet to a point for corner;
THENCE SOUTH 48018'18" EAST, over and across the said Lot lA, for a distance of 225.17
feet to a point for comer;
THENCE NORTH 41 039'54" EAST, over and across the said Lot 1A; for a distance of 516.39
feet to a point for comer;
THENCE NORTH 48 019'50" WEST, over and across the said Lot IA, for a distance of 224.55
feet to a point for comer;
THENCE SOUTH 43 025'56" WEST, over and across the said Lot 1A, for a distance of 36.72
feet to a point for corner;
THENCE NORTH 46 034'04" WEST, over and across the said Lot lA, for a distance of 10.00
feet to a point for corner;
THENCE NORTH 43 025'56" EAST, over and across the said Lot 1A, for a distance of 36;41
feet to a point for corner;
THENCE NORTH 48019150" WEST, over and across the said Lot 1A, for a distance of 382.48
feet to a point for corner, said corner being in the Southeasterly right-of-way line of Interstate
Highway No. 10.
THENCE NORTH 41°40'22" EAST, continuing for the boundary between the said Lot IA and
the said Southeasterly right-of-way line of Interstate Highway No. 10, for a distance of 10.00 feet
to a point for comer;
THENCE SOUTH 48°19'50"EAST, over and across the said Lot IA, at a distance of 10.79 feet
pass a calculated comer in the southwesterly boundary line of Lot 3A and continuing for the
boundary between the said Lot lA and the said Lot 3A at a distance of 214.62 feet pass a scribed
"X" in concrete found for an interior ell corner of Lot IA and also being the most southerly
corner of the said Lot 3A, and continuing over and across the said Lot IA for a total distance of
627.04 feet to a point for corner;
THENCE SOUTH 41039'54" WEST, over and across the said Lot 1A, for a distance of 20.97
feet to a point for corner;
THENCE SOUTH 44023'27" EAST,over and across the said Lot lA, for a distance of 3.94 feet
to a point for corner;
EXHIBIT"A"
Page 3 of 4
MARK W. WHITF,T.F.YANr) AVQInITAm�o T.r.,
THENCE SOUTH 89023'27' EAST, over and across the said Lot IA, for a distance of 30.63
feet to the POINT OF BEGINNING and containing 0.4340 ACRES,more or less.
Surveyed on August 10, 2005 by Thomas S. Rowe, RPLS No. 5728. This legal
description is being submitted along with a plat based on this survey(see EXHIBIT "B").
�Q;.•�,1 S 7�y�T
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THOMAS S ROWE
� a728
Thomas S. Rowe, RPLS No. 5728 y2°fis
S U�v
W A200A05-503\05-503M&D.DO C
EXHIBIT"A"
Page 4 of 4
MARK W. WHITELEYANn A.r.cnnrATFr TAT-
LINE BEARING DISTANCE L14 S 39'59 35" W 39.42'
Ll S 00'3633' W 10,00' L15 S 48'1818" E 225.17'
110 o ° L2 N 89'23'27" W 34.78' L16 N 41'39'54" E 1 516.39'
D o L3 N 44'23'27" W 7.39 L17 N 48'19'50' W 224.55'
LS S 47'29'49" E 24.69' L19 N 46-34'04 W 10 00'
L6 5 42'30 11" W 10.00' L20 N 4Y2556" E 36.41'
71O ]1 L7 N 47'29 49" W 24,55 L21 N 48'19 50" W 382.48'
lY /L-J( L8 S 41'39'54" W 442.45 L22 N 41'40'22" E 10.00'
L9 N 48'18'16 W 607.29 L23 S 48'19 50' E 627.04'
Qv v L10 N 31'43'19' E 10.15' EL25 S 41'39 54" W 20.97'
L11 S 48'18'18' E 363.88' S 44'23'27" E 3.94'
<_ 1O' L12 N 39'59 35" E 39.13' S 89'23'27" E 30.63'
ALLED 1.5709 ACRES FS Q• ��N ���� L13 S 50'00'25" E 10.00'
81'"T PATEL PG 5 k
R V O'
:F N0.0 R�1C 12289 ��Ai 16L214- — —J L`�------- --------- -- --- ----- ----------1
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cF` �o o���� �y"� I t L26
; '� °ooy6 i. i 0.4340 ACRE EASEMENT UTILITY
I-.-
FND 518 I I I
I. ROOD Q+ ; I
FND S00'37'03"W 204.95' 1 1 t` Q a
.(CALL S00'36'48'W 204.97) 1 I �O o�O O �I
I ; p�
PO C o�
FND 518"
1. ROD W/CAP
NORTHEAST CORNER
OF LOT 1A
LL18 rn Q ow M L14; 1
M I r 1„ZO Qo��O a
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�L121 I
11
1
� i P iio
a1 I�o
(CALL N41'40'53 E 252.44')
FND N41'40'10"E 252.51'
CALC FND 518" 11 •
FND SCRIBED X" FND SCRIBED X I CORNER (CALL S4 1'40'53"W 465.20) 1. ROD
IN CONCRETE IN CONCRETE j'" FND 541'40'47"W 465.30' �I
I
Ly N I ca au 3;3 1 h Q
P W I ^I zo
W W co 0) ��
^o o I o ^ CALLED 2.0623 ACRES
rn Q, 1 LANDRYS CRAB SHACK, INC co Do
C.F. NO. 9719131 z z
; °�° OPRJ.0 FND 5/8
Lo 1
Z I. ROD j
FND 5/8" 1. CALC. I
ROD (BENT) BEARS CORNER
CORNER I CORNER N32'20'31 E 0.74 Ll
L22 FND N41'40'22"E 382.21'
EXHIBIT B se (CALL N41'40'S3"E 382.21) FND N54'54'14'W 74.54'
REFER TO EXHIBIT 'A" (CALL N54'55'03"W 74.54)
FOR FIELD NOTE DESCRIPTION P TO THE OWNERS OF THE PREMISES SURVEYED ••O•"
AS OF THE DATE OF THE SURVEY: ��;•G S rE9• WENT..
�x.-y CNMK TEXAS PROPERTIES, INC.
Do HEREBY CERRfY IMT INS SURVEY WAS MS DAY �:Q O�(n 0.4340 ACRE pR BY; s�xe: SHEET Hw
E�THE SURFACE OF THE GROUND OF THE PROPERTY LEGALLY .,.........•.N,... ,; AGD xOOS RATER UTILITY 1 EASEMENT
CORRECTLY REPRESENTS THE FACTS FOUND AT THE "f'Ll�/,a j� C.�O`,, 1"-1 Q ' 1 Of 1
.,.••,•„Y.',/.1.....�.7...•..•.'vw1f. roe Na. "x:M:�xoc,�os_eD, REV. OUT OF AND PART OF LOT IA
DATE Su Aucusr to,zoos .o „ OS-503 05-5030 0
�•S'9 5728 :Q AMENDED PLAT OF
---s S xo,.-yam M�KAND AwSHOCIAATYES CINEMARK ADDITION
....R�� INCORPORATED VOLUME 16, PAGE 62, MAP RECORDS-7 COPSULTINO BAlm P RB, CHARLES WILLIAMS SURVEY
BURVBYOR$, AND PLANNER'S
ABSTRACT NO. 59
THOMAS S.ROWE - REGISTERED PROFESSIONAL LANG SURVEYOR No 5729 a_ mo com.xnr BEAUMONT. JEFFERSON COUNTY, TEXAS
E
City of Beaumont
Agenda Council � Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Joe Sanders, Senior Assistant City Attorney
AMETING DATE: January 10, 2006
AGENDA MEMO DATE: January 5, 2006
REQUESTED ACTION: Consider a resolution authorizing the settlement of the claim of
Brannon Steward v. The City of Beaumont.
RECOA"IENDATION
Council approval of a resolution authorizing the settlement of the claim of Brannon Steward v.
The City of Beaumont, for the sum of$14,500.
BACKGROUND
Council discussed this lawsuit in an Executive Session held on December 13, 2005.
BUDGETARY IMPACT
There are sufficient funds in the General Liability Fund to pay the sums above.
PREVIOUS ACTION
None.
SUBSEQUENT ACTION
None.
RECOMMENDED BY
City Attorney.
� 1
January 10,2006
Consider approving a request for a specific use permit to allow a retail shopping center in a GC-
MD(General Commercial-Multiple Family Dwelling)District in the 3000 block of Dowlen Road
- e
�3
City o f Beaumont
A IL Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Tom Warner, Public Works Director
MEETING DATE: January 10, 2006
AGENDA MEMO DATE: December 20, 2005
REQUESTED ACTION: Council consider a request for a specific use permit to allow a retail
shopping center in a GC-MD (General Commercial-Multiple Family
Dwelling)District in the 3000 block of Dowlen Road.
RECOMMENDATION
The Administration recommends approval of a specific use permit to allow a retail shopping center
in a GC-MD District in the 3000 block of Dowlen Road subject to the following conditions:
• The storm sewer will be required to be run into the bottom low-flow liner of
Hillebrandt Bayou.
• A modification to the landscaping and screening requirements along the north and
east sides of the property. No 8' tall screening fence or 10' wide landscape strip is
recommended along the north property line. No 8'.tall wood screening fence is
recommended along the east property line. Trees planted every 25'are recommended
along the east property line.
BACKGROUND
SR Properties,LLC is requesting a specific use permit to allow a retail shopping center in the 3000
block of Dowlen Road. The total acreage of the development will be 1.86 acres,of which 1.27 acres
is zoned GC-MD and the other 0.595 acres is zoned GC-MD-2. This property was zoned GC-MD
and GC-MD-2 in 1999.
The proposed shopping center will consist of a 4,143 sq. ft. restaurant and 8,050 sq. ft. of retail
space. SR Properties states that the shopping center will be anchored by a national restaurant brand
that does not serve alcohol. The remaining space will be filled by retail users.
BUDGETARY IMPACT
None.
PREVIOUS ACTION
At a Joint Public Hearing held December 19,2005,the Planning Commission voted 8:0 to approve
a specific use permit to allow a retail shopping center in a GC-MD (General Commercial-Multiple
Family Dwelling)District in the 3000 block of Dowlen Road subject to the following conditions:
• The storm sewer will be required to be run into the bottom low-flow liner of
Hillebrandt Bayou.
• A modification to the landscaping and screening requirements along the north and
east sides of the property. No 8' tall screening fence or 10' wide landscape strip is
recommended along the north property line. No 8' tall wood screening fence is
recommended along the east property line. Trees planted every 25'are recommended
along the east property line.
SUBSEQUENT ACTION
None.
RECOMMENDED BY
Planning Commission, City Manager, Public Works Director and.the Planning Manager.
ORDINANCE NO.
ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE
PERMIT TO ALLOW A RETAIL SHOPPING CENTER IN A GC-
MD (GENERAL COMMERCIAL-MULTIPLE FAMILY
DWELLING) DISTRICT LOCATED IN THE 3000 BLOCK OF
DOWLEN ROAD IN THE CITY OF BEAUMONT, JEFFERSON
COUNTY, TEXAS.
WHEREAS,the City Council for the City of Beaumont desires to issue a specific use
permit to SR Properties, LLC to allow a retail shopping center in a GC-MD (General
Commercial-Multiple Family Dwelling) District located in the 3000 block of Dowlen Road,
containing 0.5945 acres, more or less, as described on Exhibits"A"and "B"attached hereto;
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, subject to the
hereinafter described conditions;
NOW, THEREFORE, BE IT ORDAINED BY THE
CITY OF BEAUMONT:
Section 1.
That all.conditions necessary for issuance of a specific use permit have been met
and a specific use permit to allow a retail shopping center in a GC-MD (General
Commercial-Multiple Family Dwelling) District located in the 3000 block of Dowlen Road,
containing 0.5945 acres, more or less, as described on Exhibits"A"and "B"attached hereto
is hereby granted to SR Properties, LLC, its legal representatives, successors and assigns,
subject to the following conditions:
The storm sewer will be required to be run into the bottom low-flow liner of
Hillebrandt Bayou.
A modification to the landscaping and screening requirements along the north
and east sides of the property. No 8'tall screening fence or 10'wide landscape
strip is recommended along the north property line. No 8' tall wood screening
fence is recommended along the east property line. Trees planted every 25' are
required along the east property line.
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 "C" 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 30 of the Code of Ordinances of Beaumont, Texas, as amended.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 10th day of
January, 2006.
Mayor Guy N. Goodson -
LEGAL DESCRIPTION FOR ORDINANCE PURPOSES
DESCRIPTION of a 0.5945 acre tract of land out of the Hezekiah Williams League,
Abstract No. 56 located in Beaumont, Jefferson County, Texas.
ALL THAT CERTAIN tract or parcel of land being out and apart of that certain 8.1851 ,
acre tract identified in deed as Tract Two, conveyed by Amoco Production Company to
Brent W. Coon and wife; Janet F. Coon and recorded .under County Clerk's File No.
1999033674 of the Official Public Records of Real Property, Jefferson County, Texas, said
tract being more fully bounded and described as follows:
BEGINNING at a 1/4 inch(1/4")iron rod found marking the northwest comer of the herein
described tract, said comer being: i)iin the east line of Dowlen Road, a 100 foot (100')wide
street right-of-way;ii)the northwestcorner of the aforesaid 8.1851 acre Tract Two; iii) and
the most southwest.corner of that certain 4.65 acre tract conveyed by Amoco Production'-
Company to Pinecrest Church.of Christ.as recorded under County Clerk's Film Cade No. .
101-95-1304-of the Official Public Records of Real Property, Jefferson County, Texas;
THENCE with the north line of said 8.1851 acre Tract'Two,the south line of said 4.65 acre
Pinecrest Church of Christ tract, and the north line of the herein degcdb ed tract,North:86
degrees 26 minutes 50 seconds.East.(N 86' 26' 50" E)for a distance of 264.99 feet(264.99')
to a l/2 inch(1/2") iron rod found marking the northeast corner of.the herein described tract,
said comer being the southeast comer of said 4.65 acre Pinecrest-Church of Christ tract-and
also being in the westerly line.of that certain 3.511 acre tract-of land identified indeed as
Tract No. 2 as conveyed by Stanolind_Oil and Gas Company to Jefferson County Drainage.
District No. 6 (DD6) and recorded.in Volume 742, Page 212 of the Deed Records of
Jefferson County,Texas (said easement partially encompasses Hillebrandt Bayou);
THENCE with the westerly line of said 1511 acre DD tract(westerly line of Hillebrandt
Bayou);.the.easterly line of said 8.1851 acre Tract Two, and the easterly line of the herein
.described tract, South 13 degrees 16 minutes 33 seconds West (S 13° 16' 33" W) for a .
distance of 9.30 feet(9.30')io an iron rod with aluminum cap found corner;
THENCE continuing along the westerly line of said 3.511 acre DD6 tract (westerly line of
Hillebrandt Bayou),the easterly line of said 8.1851 acre Tract Two, and the easterly line of
the herein described-tract, South 01 degree 11 minutes 31 seconds West (S 01- 1V 31
for a distance of 91.41 feet (91.41) to point marking the southeast comer of the herein
described tract;
THENCE with the south line of the herein described.tract, South 86 degrees 26 minutes 50
seconds West(S 86 26' 50" W) for a distance of 254.72 feet (254.72')to apoint marking
the southwest comer.of the herein described tract, said point being in the east right-of-way
line of Dowlen Road and in the west line of said 8.1851 acre Tract Two;
EXHIBIT•"A"
LEGAL DESCRIPTION continued
THENCE with the west line of said 8.185.1 acre Tract Two, the east right-of-way line of
Dowlen Road, and the west line of the herein described tract,North 03 degrees 33 minutes
39 seconds West(N 03° 33' 39" W) for a distance.of 100.00 feet(100.00)to the PLACE
OF BEGINNING. ,
CONTAINING IN AREA 0.5945 acres of land,more or less.
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• rm sewer will be required to be run into the
below-flow liner of Hillebrandt Bayou.
• A modification to the landscaping and screening requirements
along the north and east sides of the property. No 8'tall screening
fence or 10'wide landscape strip is recommended along the north
property line. No 8'tall wood screening fence is recommended
along the east property line. Trees planted every 25'are required
along the east property line.
HILDERBAWT BAYOU Pq
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! 2
January 10, 2006
Consider approving a request for a specific use permit to allow a credit union in an RCR
(Residential Conservation and Revitalization)District on Carroll Street, between Grant and
Lincoln
y
.. .. City of Beaumont
Council Agenda Item
TO: City Council
.FROM: Kyle Hayes, City Manager
PREPARED BY: Tom Warner,Public Works Director
MEETING DATE: January 10, 2006
AGENDA MEMO DATE: December 2'0, 2005
REQUESTED ACTION: Council consider a request for a specific use permit to allow a credit
union in an RCR (Residential Conservation and Revitalization)
District on Carroll Street, between Grant and Lincoln.
RECOMMENDATION
The Administration recommends approval of a specific use permit to allow a credit union in an RCR
(Residential Conservation and Revitalization)District on Carroll Street,between Grant and Lincoln
subject to the following conditions:
• Redesign the drive-thru facility to increase off-street storage and vehicle staging area.
• Modification to the landscaping requirements along the perimeter of the subject
property. Landscape strips will vary in width from 0'to 5'. If Lot 35 is acquired,there
will be no modification necessary to the landscaping requirement.
BACKGROUND
Mobiloil Federal Credit Union is requesting a specific use permit to allow a credit union on Carroll
Street,between Lincoln and Grant. Subject to an agreement with ExxonMobil Beaumont Refinery,
the credit union is attempting to exchange properties and build a new credit union branch outside of
the refinery perimeter. The Credit Union is also in negotiations with the property owner of Lot 35
to purchase that property. Lot 35 is being included as part of this specific use permit request.
The Transportation_Manager is requiring that the drive-thru be redesigned to increase off-street
storage and vehicle staging area. He is concerned that, as designed, cars will stack on Lincoln. A
modification to the landscaping requirements is being requested. Landscape strips will vary in width
from 0' to 5'. 8' tall wood screening fences will be installed along the west property lines of the
parking lot and the credit union and along the north and south sides of Lot 35.
In 1987,the subject property was rezoned to RCR and a specific use permit was granted to allow the
construction of a fraternal lodge.
BUDGETARY IMPACT
None.
PREVIOUS ACTION .
At a Joint Public Hearing held December 19,2005,the Planning Commission voted 7:0:1 to approve
a specific use permit to allow a credit union in an RCR District on Carroll Street,between Grant and
Lincoln subject to the following conditions:
• Redesign the drive-thru facility to increase off-street storage and vehicle staging area.
Modification to the landscaping requirements along the perimeter of the subject
property. Landscape strips will.vary in width from 0' to 5'. If Lot 35 is acquired,
there will be no modification necessary to the landscaping requirement.
SUBSEQUENT ACTION
None.
RECOMMENDED BY
Planning Commission, City Manager, Public Works Director and the Planning Manager.
ORDINANCE NO.
ENTITLED AN ORDINANCE GRANTING.A SPECIFIC USE
PERMIT TO ALLOW A CREDIT UNION IN AN RCR
(RESIDENTIAL CONSERVATION AND REVITALIZATION)
DISTRICT LOCATED ON CARROLL STREET, BETWEEN
GRANT AND LINCOLN IN THE CITY OF BEAUMONT,
JEFFERSON COUNTY, TEXAS.
WHEREAS, the City Council for the City of Beaumont desires to issue a specific use
permit to Mobiloil Federal Credit Union to allow a credit union in an RCR (Residential
Conservation and Revitalization) District located on Carroll Street, between Grant and
Lincoln, being Tracts 17, 34, 35 and 35A, Plat H, D. Brown Survey, Abstract 5, City of
Beaumont, Jefferson County, Texas, containing 0.78 acres, more or less, as described on
Exhibit"A° attached hereto; 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, subject to the
hereinafter described conditions;
NOW, THEREFORE, BE IT ORDAINED BY THE
CITY OF BEAUMONT:
Section 1.
That all conditions necessary for issuance of a specific use permit have been met
and a specific use permit to allow a credit union in an RCR (Residential Conservation and
Revitalization) District located on Carroll Street, between Grant and Lincoln, being Tracts
17, 34, 35 and 35A, Plat H, D. Brown Survey, Abstract 5, City of Beaumont, Jefferson
County, Texas, containing 0.78 acres, more or less, as described on Exhibit "A" attached
hereto, is hereby granted to Mobiloil Federal Credit Union, its legal representatives,
successors and assigns, subject to the following conditions:
Redesign the drive-thru facility to increase off-street storage and vehicle staging
area.
Modification to the landscaping requirements along the perimeter of the subject
property. Landscape strips will vary in width from 0' to 5'. If Lot 35 is acquired,
there will be no modification necessary to the landscaping requirement.
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" 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 30 of the Code of Ordinances of Beaumont, Texas, as amended.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 10th day of
January, 2006.
- Mayor Guy N. Goodson -
I s7A ♦/ 14 - --
�' 1 11
Jo M7
h !<! l
== File 1805-P: Request for a'specific use permit to allow a credit union in an RCR NORTH
(Residential Conservation Revitalization) District.
f ' Location: Carroll St., between Grant &Lincoln Ak
- Applicant: Mobiloil Federal Credit Union SCALE
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EXHIBIT «A„
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. -0. 64'-0• .. I 114'-0' IOb' I •.
6'tat prlvoey reod ranee 6•tetl pr—y rood fence
LOT 33 LOT 32 I
o1_011 n 0'taM �vaa d reriGe ��I�OII 6'td reed feiwe 1251-011
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GARROLL . STREE .
29'-0• 24'-0' 29'_0• 9'-6` 17'-4• 51-9 V2' 25'-0 1/2
90'-0•
*Approval subject to the following conditions: r\�REO A
• Redesign the drive-thru facility to increase — — — - — — -- — — — �(-MacNO y� —
I � � so A
off-street storage and vehicle sta g area.
g SITE PLAN SGHMI= "D"
Modification to the landscaping requirements
1 along the perimeter of the subject property. SCALE: I" = 30'-011 7435 A
j
Landscape strips will vary in width from 0'to 5.
If Lot 3 is acquired,there will be no modificati on Mo b I o'r l Federal C Union � P
OF
necessary to the landscaping requirement.
3
January 10, 2006
Consider approving a request to abandon a portion of McLean Drive
F
City of Beaumont
Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Tom Warner, Public Works Director
MEETING DATE: January 10, 2006
AGENDA MEMO DATE: December 20, 2005
REQUESTED ACTION: Council consider a request to abandon a portion of McLean Drive.
RECOMMENDATION
The Administration recommends approval of the request to abandon.a portion of McLean Drive.
BACKGROUND
L. M.Fulbright,representing Gulf Building and Loan,has,applied for the abandonment of McLean
Drive, from Todd Avenue to Calhoun Street. The right-of-way is unimproved. Gulf Building and
Loan owns all the property along the north side of this portion of McLean and approximately 600'
along the south side.
Mr. Pulbright states that his family owns a large number of the lots on either side of the McLean
right-of-way. He did some preliminary engineering to determine the cost of extending the street so
that the lots could be built on. However, the cost estimates were too high.
It is Mr. Fulbright's desire to abandon the right-of-way and construct one house on the property the
family owns.
All but one of the adjacent property owners has agreed to the abandonment.
BUDGETARYIMPACT
None.
}
PREVIOUS ACTION
At a Regular Meeting held December 19, 2005, the Planning Commission voted 8:0 to approve a
request to abandon a portion of McLean Drive.
SUBSEQUENT ACTION
None.
RECOMMENDED BY
Planning Commission, City Manager, Public Works Director and the Planning Manager.
ORDINANCE NO.
ENTITLED AN ORDINANCE ABANDONING A PORTION OF
MCLEAN DRIVE IN THE CITY OF BEAUMONT, JEFFERSON
COUNTY, TEXAS.
BE IT ORDAINED BY THE CITY OF BEAUMONT:
THAT a portion of McLean Drive, being a 50' wide street right-of-way of McLean Drive
beginning at the east right-of-way line of Todd Avenue and extending a distance of 1,470'
to the west right-of-way line of Calhoun Drive, City of Beaumont, Jefferson County, Texas,
containing 1.69 acres, more or less, as shown on Exhibit"A" attached hereto, be and the
same is hereby vacated and abandoned.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 10th day of
January, 2006.
- Mayor Guy N. Goodson -
EXHIBIT "A"
File 689-OB:Request to.abandon McLean'St.,a 50' right-of-way,from the east r.o.w. NOR'T'H
line of Todd to the west r.o.w. line of Calhoun.
Applicant: L.M. Fulbright for Gulf Building &Loan .
SCALE'
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4
January 10,2006
Consider approving a request to abandon a 20' alley in Block 21, West Oakland Addition between
Edmonds Avenue and Fannett Road
y
City o f Beaumont
Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Tom Warner, Public Works Director
MEETING DATE: January 10, 2006
AGENDA MEMO DATE: December 20, 2005
REQUESTED ACTION: Council,consider a request to abandon a 20' alley in Block 21, West
Oakland Addition between Edmonds Avenue and Fannett Road.
RECOMMENDATION
The Administration recommends denial of the request to abandon a 20' alley in Block 21, West
.Oakland Addition between Edmonds Avenue and Fannett Road.
BACKGROUND
Freddie White is making application to abandon the 20'wide alley between Edmonds Avenue and
Fannett Road. The alley is unimproved. However, there is a 6" sanitary sewer line in the right-of-
way.
Mr.White,the owner of Lot 4,states that he requesting this abandonment in order to accommodate
the floor plan of the new house he is going to build. His house was damaged by Hurricane Rita.
This item was sent to all interested parties. Water Utilities is recommending denial. The house at
the end of Ethel is tied into the sanitary sewer main so the City can not abandon the line. In addition,
the applicant can not build over the alley as long as the City has an active line in the alley.
BUDGETARY IMPACT
None.
PREVIOUS ACTION ,
At a Regular Meeting held December 19, 2005, the Planning Commission .voted 8:0 to deny a
request to abandon a a 20'alley in Block 21,West'Oakland Addition between Edmonds Avenue and
Fannett Road.
4
SUBSEQUENT ACTION
None.
RECOMMENDED BY
Planning Commission, City Manager, Public Works Director and the Planning Manager.
ORDINANCE NO.
ENTITLED AN ORDINANCE ABANDONING THE 20' ALLEY
IN BLOCK 21, WEST OAKLAND ADDITION, BETWEEN
EDMONDS AVENUE AND FANNETT ROAD, CITY OF
BEAUMONT, JEFFERSON COUNTY, TEXAS.
BE IT ORDAINED BY THE CITY OF BEAUMONT:
THAT the 20' alley in Block 21, West Oakland Addition between Edmonds Avenue and
Fannett Road, being a 20'wide alley extending from the south right-of-way line of Edmonds
Street a distance of 200' to the north right-of-way line of Fannett Road, Block 21, West
Oakland Addition,City of Beaumont,Jefferson County,Texas,containing 0.091 acres,more
or less, as described on Exhibit"A"attached hereto, be and the same is hereby vacated and
abandoned.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 10th day of
January, 2006.
- Mayor Guy N. Goodson -
5 4 3 `!
50
/ /O 9 8 7
6
T4 53 P
_
File 6 u
90-OB: Request to abandon a 20"wide alley in Block 21,West Oakland Addition NORTH
Location: Between Edmond Street and Fannett Road )�
Applicant: Freddie White .
SCALE
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5
January 10, 2006
Consider approving a bid for repairs to the fuel island canopy and wash bay building at the Fleet
Maintenance facility