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Home My WebLink AboutPACKET JAN 08 2013 RICK WIT■ OTTORTORITT B mu. EAU In'"mW T • Z • X • A - S REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS JANUARY 8,2013 1:30 P.M. CONSENT AGENDA * Approval of minutes—December 18,2012 * Confirmation of committee appointments A) Approve a resolution authorizing the City Manager to approve Change Order No. 2 to the contract with Brystar Contracting, Inc. related to the Sanitary Sewer Rehabilitation of Small Diameter Mains Contract XXI Project B) Approve a resolution authorizing the Mayor to execute a waiver granting permission for the Jefferson County Mosquito Control District to operate aircraft at a low altitude over the City of Beaumont for mosquito control purposes C) Approve a resolution authorizing the settlement of the claim of Chantesha Bruno D) Approve a resolution authorizing the settlement of the claim of Debra Reeves E) Approve a resolution rescinding Resolutions 06-263 and 99-352 and allowing remote payment centers to determine the fee to charge for processing city water payments A RICH WITH OPPORTUNITY IIEAUMON* T • E • X • A • s City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Dr. Hani J. Tohme, P.E., Water Utilities Director MEETING DATE: January 8, 2013 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to approve Change Order No. 2 to the contract with Brystar Contracting, Inc., related to the Sanitary Sewer Rehabilitation of Small Diameter Mains Contract XXI Project. BACKGROUND The City Council approved a contract with Brystar Contracting, Inc., on October 18, 2011, in the amount of$1,644,323.00. The contract will rehabilitate approximately 17,856 linear feet of 6-inch, 12,601 linear feet of 8-inch, and 1,335 linear feet of 10-inch sanitary sewer lines; stabilize approximately 9(nine)vertical feet of existing manhole;furnish and install approximately 10(ten) manholes;remove and replace approximately 108 manholes;furnish and install 16(sixteen)end of line cleanouts;replace approximately 581 short side and 1 (one)long side service line connections; clean and televise 31,792 linear feet of existing and newly burst sanitary sewer lines; and televise approximately 582 existing sanitary sewer service lines. The proposed change order in the amount of$26,850.00 will furnish all necessary labor,materials, and equipment to pipeburst approximately 540 linear feet of 8-inch sanitary sewer lines with 10-inch DR-17 HDPE, furnish and install one(1) sanitary sewer manhole,replace three (3)4-inch short side service connections, replace two (2)4-inch long side service connections, pre televise five (5) existing services, clean and televise approximately 540 linear feet of deteriorated lines, and post televise 540 linear feet of rehabilitated sanitary sewer lines. The work area is located on Alma Street between Irving Avenue and Shannon Street. FUNDING SOURCE Capital Program. RECOMMENDATION Approval of resolution. CITY OF BEAUMONT SANITARY SEWER REHABILITATION OF SMALL DIAMETER MAINS CONTRACT XXI CHANGE ORDER No. 2 Z z ;rA- g 00 I I \ST tA W CH c CHANGE ORDER No. 2 o T ✓�'4 SYMBOL LEGEND UNIT QUANTITY - 10" HOPE SDR-17 LF 540' Q [KLwubLK J fu LINE IN CURRENT CONTRACT LF n/0 in 0" HDPE SDR-1 0" HDPE SDR-1 O R VE AND REPLACE WITH EA 0 Z ID-9.41 PIPE A FI GLASS MANHOLE ID-9.41 PIPE g" TIE TO EXISTING MANHOLE EA 1 m ® O AS PER CITY STANDARDS ALMA ST g O PROPOSED END OF LINE EA 0 CLEANOUT 12 g B MHO4,-1 1.1 LLI MH04-161 NEW Fq� FOR S MANHOLE 1 H01-162 NEW FIBERGLASS MANHOLE n Q SHORT SIDE SERVICE TAPS EA 3 o LONG SIDE SERVICE TAPS EA 2 .111-1 1IFFill MANHOLE APPROX. z g" 170 LF EAST OF g• e• g SUMMARY FOR ESTIMATE PURPOSES ONLY N E THREADNEEDLE ST F APPROVAL OF CONTRACT CHANGE CHANGE ORDER No.TWO DATE:January 8,2013 PROJECT: City of Beaumont,Texas Sanitary Sewer Rehabilitation of Small Diameter Mains Contract XXI OWNER: City of Beaumont,Texas 801 Main Street Beaumont,Texas 77704 CONTRACTOR: Brystar Contracting,Inc. 8385 Chemical Road Beaumont,Texas 77705 TO THE OWNER: Approval of the following contract change is requested. Reason for Change: To furnish all necessary labor,materials,and equipment to pipeburst approximately 540 linear feet of 8-inch sanitary sewer lines with 10-inch DR-17 HDPE,furnish and install one manhole,replace three 4-inch short side service connections,replace two 4- inch long side service connection,pre televise five existing services,clean and televise approximately 540 linear fax of deteriorated lines,and post televise 540 linear fed of rebabilitated sanitary sewer lines. ORIGINAL CONTRACT AMOUNT: $ 1,644,323.00 CHANGE ORDER No.1: $ 25,153.75 THIS CHANGE ORDER Description: Net Change Furnish all necessary labor,materials,and equipment to pipeburst approximately 540 linear fed of 8-inch sanitary sewer lines with 10-inch DR-17 HDPE. $ 17,820.00 Furnish and install one manhole. $ 1,950.00 Replace three 4-inch short side service connexions. S 1,680.00 Replace two 4-inch long side service connections. $ 3,000.00 Televise five existing services $ 375.00 Clean and Televise approximately 540 linear feet of existing deteriorated lines. $ 1,080.00 Post televise 540 linear fed of rebabilitated sanitary sewer lines. $ 945.00 TOTAL AMOUNT OF THIS CHANGE ORDER $ 26.850.00 TOTAL REVISED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER: $ 1,696,326.75 CONTRACT TIME Original Contract Time: 270 Calendar Days Additional Time Previously Requested(Change Order No.I): 84 Calendar Days Time Requested per this Change Order. 22 Calendar Days Revised Contract Time per this Change Order. 376 Calendar Days CONDITION OF CHANGE: "Contractor acknowledges and agrees that the adjustments in contract price and contract time stipulated in this Change Order represents fun compensation for all increases and decreases in the cost o&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 eonatitutes 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: Dr.Hand Tohme,P.E. City of Beaumont Brystar Contracting,Inc. Water Utilities Director City Manager Contractor Date: Date: Date: RESOLUTION NO. WHEREAS, on October 18, 2011, the City Council of the City of Beaumont, Texas, passed Resolution No. 11-303 awarding a contract in the amount of $1,644,323 with Brystar Contracting, Inc., of Beaumont, Texas, for the Sanitary Sewer Rehabilitation of Small Diameter Mains Contract XXI Project; and, WHEREAS, on August 14, 2012, the City Council of the City of Beaumont, Texas passed Resolution No. 12-170 authorizing Change Order No. 1, in the amount of $25,153.75, to furnish all necessary labor, materials, and equipment to pipeburst approximately 2,140 linear feet of 6-inch sanitary sewer lines with 8-inch DR-17 HDPE; delete 1,675 linear feet of 6-inch sanitary sewer lines; remove and replace one existing sanitary sewer manhole; furnish and install one end-of-line cleanout; replace two 4-inch short side service connections; replace one 4-inch long side service connection; pre televise three existing services; clean and televise approximately 465 linear feet of deteriorated lines; and post televise 465 linear feet of rehabilitated sanitary sewer lines, thereby increasing the contract amount to $1,669,476.75; WHEREAS, Change Order No. 2 in the amount of$26,850 is required to furnish all necessary labor, materials, and equipment to pipeburst approximately 540 linear feet of 8-inch sanitary sewer lines with 10-inch DR-17 HDPE; furnish and install one (1) sanitary sewer manhole; replace three (3)4-inch short side service connections; replace two(2)4- inch long side service connections; pre televise five(5)existing services;clean and televise approximately 540 linear feet of deteriorated lines; and post televise 540 feet of rehabilitated sanitary sewer lines,thereby increasing the contract amount to 1,696,326.75; 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; THAT the City Manager be and he is hereby authorized to execute Change Order No. 2 in the amount of$26,850, thereby increasing the contract amount to$1,696,326.75, for the Sanitary Sewer Rehabilitation of Small Diameter Mains Contract XXI Project. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 8th day of January, 2013. - Mayor Becky Ames - II I B RICH WITH OPPORTUNITY r T • E • X • A • S City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tyrone E. Cooper, City Attorn MEETING DATE: January 8, 2013 REQUESTED ACTION: Council consider a resolution authorizing the Mayor to execute a waiver granting permission for the Jefferson County Mosquito Control District to operate aircraft at a low altitude over the City of Beaumont for mosquito control purposes. BACKGROUND The Jefferson County Mosquito Control District is requesting that the City of Beaumont and other cities in their area grant authority for them to operate their aircraft at a low altitude over the City of Beaumont for the purpose of controlling mosquito populations. The Jefferson County Mosquito Control District operates their aircraft at a low altitude in accordance with all federal and state rules and regulations governing this type of application. This is an annual request. FUNDING SOURCE None. RECOMMENDATION Approval of resolution. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the Mayor is hereby authorized to execute a document furnishing a waiver to the Jefferson County Mosquito Control District for the purpose of allowing their aircraft to fly at low altitudes over the City of Beaumont. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 8th day of January, 2013. - Mayor Becky Ames - c RIGS WITS OPPORTUNITY 11EA,U1RVm10N* T • E • X • A • S City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tyrone E. Cooper, City Attornz&f MEETING DATE: January 8, 2013 REQUESTED ACTION: Council consider a resolution authorizing the settlement of the claim of Chantesha Bruno. BACKGROUND This matter was most recently presented and discussed in Executive Session held on December 18, 2012. The City Attorney is requesting authority to settle this claim in the amount of$11,500.00. FUNDING SOURCE General Liability Fund. RECOMMENDATION Approval of resolution. RESOLUTION NO. WHEREAS, the claim of Chantesha Bruno has been discussed in an Executive Session properly called and held Tuesday, December 18, 2012; and, WHEREAS, the City Attorney is requesting authority to settle this claim; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT the City Attorney be and he is hereby authorized to settle the claim of Chantesha Bruno in the amount of Eleven Thousand Five Hundred and XX/100 Dollars ($11,500.00); and, BE IT FURTHER RESOLVED THAT the City Manager be and he is hereby authorized to execute all documents related to settlement of the claim. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 8th day of January, 2013. - Mayor Becky Ames - D RICH WITH OPPORTUNITY 11EA,[1140N T • E • X • A • s City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tyrone E. Cooper, City Attorne*`-" MEETING DATE: January 8, 2013 REQUESTED ACTION: Council consider a resolution authorizing the settlement of the claim of Debra Reeves. BACKGROUND This matter was most recently presented and discussed in Executive Session held on December 18, 2012. The City Attorney is requesting authority to settle this claim in the amount of$7,500.00. FUNDING SOURCE General Liability Fund. RECOMMENDATION Approval of resolution. RESOLUTION NO. WHEREAS, the claim of Debra Reeves has been discussed in an Executive Session properly called and held Tuesday, December 18, 2012; and, WHEREAS, the City Attorney is requesting authority to settle this claim; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT the City Attorney be and he is hereby authorized to settle the claim of Debra Reeves in the amount of Seven Thousand Five Hundred and XX/100 Dollars ($7,500.00); and, BE IT FURTHER RESOLVED THAT the City Manager be and he is hereby authorized to execute all documents related to settlement of the claim. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 8th day of January, 2013. - Mayor Becky Ames - E RICH WITH OPPORTUNITY r T • E • X • A • s City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Laura Clark, Chief Financial Officer MEETING DATE: January 8, 2013 REQUESTED ACTION: Council consider a resolution rescinding Resolutions 06- 263 and 99-352 and allowing remote payment centers to determine the fee to charge for processing city water payments. BACKGROUND For many years, as a convenience to our customers, the City of Beaumont has entered into agreements with various merchants to process water payments. This service is convenient because it allows citizens to pay their water bills at neighborhood locations and it keeps long lines from forming at City Hall. The agreement with the merchants outlines when deposits must be made, documentation that must be remitted,the required evidence of payment, most importantly that a"past due"bill shall not be paid at a remote location, and finally, the convenience fee that the merchant can charge. Resolution 99-352 allowed merchants who had contracted with the City to charge customers a processing fee up to $1.00 per transaction and Resolution 06-263 allowed these merchants to charge a$1.25 processing fee. However,these low fees are restrictive to merchants and since 2006 three merchants have withdrawn from agreements with the City of Beaumont, yet two of these merchants continue to take payments, albeit at a higher fee. Merchants without agreements with the City of Beaumont are able to take water payments and charge convenience fees at a rate that is greater than what the city allows by working through third-parties, such as Check Free Pay, Fidelity Express, Western Union or a similar company, and submitting payments through the city's credit card concentrator. Currently, unauthorized merchants charge convenience fees between$1.50 and $3.00 per transaction, with$2.00 being the most common convenience fee charged. Staff estimates that there are approximately 14 unauthorized merchants taking water payments in the City of Beaumont. Unauthorized merchants are problematic because they are not bound to requirements of the agreement, resulting in frustrations to customers and city staff as well as inefficiencies. By rescinding Resolutions 06-263 and 99-352 and allowing merchants to charge customers a processing fee of up to 10% of the bill amount not to exceed $5.00,the City of Beaumont will be able to reenter into agreements with a number of merchants to take water payments. Customers who pay water bills at neighborhood locations are better served when merchants contract with the City. For one, merchants who contract with the City would agree to not process past due bills, and instead direct those customers to City Hall. Paying past due bills at City Hall will help customers avoid penalties, fees, and a possible disruption in service. Additionally,these agreements give the city more certainty with respect to how merchants process payments, allows the city to keep better track of customer payments and better protect customers from payment processing errors when using these merchants. The new agreement is attached for your review and consideration. FUNDING SOURCE Not applicable. Fees are charged to the customer. RECOMMENDATION Approval of resolution. RICH WITH OPPORTUNITY [1EA,U1q0N,* X T * E * X * A • S Draft GENERAL RULES GOVERNING THE COLLECTION OF UTILITY BILLS BY LOCAL MERCHANTS IN BEAUMONT, TEXAS This policy and service is effective as of ,per City Council Resolution Number Merchants may be given the opportunity to'participate in this program under the following conditions: 1. The merchant shall deposit payments received by them on a daily basis to a City of Beaumont account at a local bank agreed upon by both the City and the merchant. The City will provide deposit slips for this purpose. 2. All payments must be accompanied by the complete utility bill(top and bottom portions). The merchant is authorized to receive the full or partial amount of the bill. The merchant shall not knowingly process a "past due"bill,but shall instead inform the customer that such a bill must be processed by the City of Beaumont at City Hall or through the city's website. In addition,the merchant shall not process bills marked"Do not pay, account will be drafted,"which refers to customers with direct debit. 3. Upon presentation of the utility bill for payment,the top section of the bill will be stamped "PAID"and returned to the customer. The bottom portion will be retained for return to the City. Paid endorsements shall not be stamped to overlap the bar code on stub. 4. At the end of each day,the stubs for all of the payments received on that day shall be totaled and mailed to the Cashier's Section of the City of Beaumont. This will be accompanied by the adding machine tape, with a notation of number of items processed, as well as two copies of deposit receipt for the total amount of the payments received. The City will provide pre- addressed envelopes for the mailing of the stubs. 5. It is agreed that the merchant shall be responsible for the payments of all stubs that have been marked"PAID"by their personnel. In the event that payment stubs are lost in transit,a backup log of payments received shall be kept by the merchant. 6. It is understood that all questions concerning the services, adjustments,partial payments, and delinquent payments must be addressed in person at City Hall, 801 Main Street. 7. The merchant agrees to charge a processing fee up to 10% of the bill amount not to exceed a maximum of$5.00.This fee shall be sufficient to cover all costs associated with collection of utility payments.The merchant agrees to keep the City of Beaumont advised as to the amount of its processing fee. 8. Merchant agrees to accept utility payments at the following locations: 9. This agreement will remain active until either party provides a 30-day written notice to terminate. 10. The City may terminate this agreement immediately in the event of any fraudulent act on the part of the merchant. The merchant will be considered an authorized collection agent for the City of Beaumont only after both the merchant and an authorized representative of the City of Beaumont have signed this agreement. 11. Upon receiving a signed agreement,the City of Beaumont will mail each authorized merchant an"approved merchant sign"to display in their place of business.The intent of this sign is to distinguish approved from unapproved utility merchants. ACCEPTED: MERCHANT: MAILING ADDRESS: PHONE NUMBER: SIGNATURE: PRINTED NAME: TITLE: DATE: CITY OF BEAUMONT Laura Clark, CPA Chief Financial Officer Date Finance Department • (409)880-3789 • Fax(409)880-3132 P.O.Box 3827 • Beaumont,Texas 77704-3827 RESOLUTION NO. WHEREAS, on November 16, 1999, the City Council of the City of Beaumont passed Resolution No. 99-352 authorizing agencies who are collecting utility payments for the City of Beaumont to charge the customer a processing fee not to exceed$1.00 per transaction; and, WHEREAS, on September 12, 2006,the City Council of the City of Beaumont passed Resolution No. 06-263 amending Resolution No. 99-352 to authorize agencies with contracts with the City fo Beaumont to collect utility payments to charge the customer a processing fee not to exceed $1.25 per transaction; and, WHEREAS, merchants without agreements with the City of Beaumont accept utility payments and charge convenience fees at a rate that is greater than what the city allows by working through third parties; and, WHEREAS, currently, unauthorized merchants charge convenience fees between $1.50 and $3.00 per transaction; and, WHEREAS, the Council would like to rescind Resolution Nos. 99-352 and 06-263 and to allow authorized agencies who are collecting utility payments for the City of Beaumont to charge customers a processing fee of up to 10% of the bill amount not to exceed$5.00; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT Resolution Nos. 99-352 and 06-263 are hereby and forevermore rescinded;and, BE IT FURTHER RESOLVED THAT the City Manager be and he is hereby authorized to execute agreements with authorized agencies who are collecting utility payments for the City of Beaumont to charge customers a processing fee of up to 10% of the billed amount not to exceed $5.00. PASSED BY THE CITY COUNCI L of the City of Beaumont this the 8th day of January, 2013. - Mayor Becky Ames - RICO WITII OPPORTDI/ITT BEAUMON* T * E * X * !!► . $ REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS JANUARY 8,2013 1:30 P.M. AGENDA CALL TO ORDER * Invocation Pledge Roll Call * Presentations and Recognition * Public Comment: Persons may speak on scheduled agenda items 2-8/Consent Agenda * Consent Agenda GENERAL BUSINESS 1. Consider an ordinance approving a zone change from RS (Residential Single Family Dwelling)District to GC-MD (General Commercial-Multiple Family Dwelling)District and GC-MD-2 (General Commercial-Multiple Family Dwelling-2)District at 2550 E. Lucas Drive 2. Consider an ordinance approving the abandonment of a 0.1974 acre portion of a utility easement located off of Delaware Street and west of Dowlen Road behind the HEB Store 3. Consider a resolution approving two contracts for mowing developed and vacant city-owned property and abandoned property within the city limits 4. Consider a resolution approving the purchase of sodium hydroxide for use by the Water Utilities Department 5. Consider a resolution approving the purchase of two truck-mounted sewer cleaners and two chassis for use by the Water Department 6. Consider a resolution approving the purchase of polyethylene pipe for use by the Water Utilities Department 7. Consider a resolution approving the purchase of five reconditioned solar powered mixers for use at the Wastewater Treatment Plant 8. Consider a resolution authorizing the City Manager to approve Change Order No. 5 to the contract with Simco Enterprises, Ltd.,related to the MLK King Jr. Parkway Waterline Extension Project WORK SESSION * Review and discuss the lease agreement with Jehovah Jireh Village CDC, Inc. related to the L.L. Melton property 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: Jay Brocato, et al vs. City of Beaumont, Texas; Cause No. D-183,620 Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact Mitchell Normand at 880-3777 three days prior to the meeting. 1 January 8,2013 Consider an ordinance approving a zone change from RS (Residential Single Family Dwelling) District to GC-MD (General Commercial-Multiple Family Dwelling) District and GC-MD-2 (General Commercial-Multiple Family Dwelling-2)District at 2550 E. Lucas Drive RICH WITH OPPORTIINITY BEAUMON* T . Z - a - A . S City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager GS�� PREPARED BY: Chris Boone, Community Development Director MEETING DATE: January 8, 2013 REQUESTED ACTION: Council consider an ordinance approving a zone change from RS (Residential Single Family Dwelling)District to GC-MD(General Commercial-Multiple Family Dwelling) District and GC-MD-2 (General Commercial-Multiple Family Dwelling-2)District at 2550 E. Lucas Drive. BACKGROUND David Morrow has applied for a zone change. Mr. Morrow states that the property was the location of 3L Printing for thirty plus years. He would now like to run his screen printing business out of the existing 5,000 sq. ft. building. The south 150'of the property is zoned GC-MD. The north 250'is zoned RS. Approximately 33' of the north end of the building falls within RS zoning. k Mr. Morrow states that he has no plans for the remainder of the property but does hope to expand his business into athletic/business uniforms as well as embroidery production. Any expansion within the foreseeable future will be contained within the existing building. With concerns over what kind of impact GC-MD zoning would have on surrounding residentially zoned properties, the Planning Commission recommended GC-MD for the south 40' of the subject and GC-MD-2 for the north 210'of the subject property. At a Joint Public Hearing held December 17, 2012, the Planning Commission recommended approval 5:0 of the zone change to GC-MD for the south 40'of the subject property and to GC- MD-2 for the north 210'of the subject property. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of ordinance. LEGAL DESCRIPTION FOR ORDINANCE PURPOSES GC-MD Being the South 40'of the North 250'of Tract 34, Plat D-27,H. Williams Survey, City of Beaumont, Jefferson County, Texas, containing 0.09 acres, more or less. GC-MD-2 Being the North 210' of the North 250' of Tract 34, Plat D-27, H. Williams Survey, City of Beaumont, Jefferson County, Texas, containing 0.48 acres, more or less. ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING CHAPTER 28 OF THE CODE OF ORDINANCES OF BEAUMONT,TEXAS,AND IN PARTICULAR THE BOUNDARIES OF THE ZONING DISTRICTS, AS INDICATED UPON THE ZONING MAP OF BEAUMONT,TEXAS, BY CHANGING THE ZONING OF THE SOUTH FORTY FEET (40') OF THE PROPERTY PRESENTLY ZONED RS (RESIDENTIAL SINGLE FAMILY DWELLING) DISTRICT TO GC-MD (GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING) DISTRICT AND THE NORTH TWO HUNDRED TEN FEET (210') OF THE PROPERTY TO GC-MD-2 (GENERAL COMMERCIAL- MULTIPLE FAMILY DWELLING-2) DISTRICT FOR PROPERTY LOCATED AT 2550 E. LUCAS DRIVE, BEAUMONT, JEFFERSON COUNTY, TEXAS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That Chapter 28 of the Code of Ordinances of Beaumont, Texas, and in particular the boundaries of the zoning districts, as indicated upon the Zoning Map of the City of Beaumont, referred to in Section 28.01.005(b)thereof, is hereby amended by changing the zoning of the South forty feet (40') of the property presently zoned RS (Residential Single Family Dwelling) District to GC-MD (General Commercial-Multiple Family Dwelling) District and the North two hundred ten feet (210') of the property to GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District for property located at 2550 E. Lucas Drive being the South 40' of the North 250' of Tract 34, Plat D-27, H. Williams Survey, City of Beaumont, Jefferson County, Texas, containing 0.09 acres, more or less and being the North 210' of the North 250' of Tract 34, Plat D-27, H. Williams Survey, City of Beaumont, Jefferson County, Texas, containing 0.48 acres, more or less, as shown in Exhibit "A" attached hereto, and the official zoning map of the City of Beaumont is hereby amended to reflect such changes. Section 2. That, in all other respects, the use of the property herein above described shall be subject to all of the applicable regulations of the underlying zoning district as well as those regulations contained in Chapter 28 of the Code of Ordinances of Beaumont, Texas, as amended. Section 3. That if any section, subsection, sentence, clause of phrase of this ordinance, or the application of same to a particular set of persons or circumstances, should for any reason be held to be invalid, such invalidity shall not affect the remaining portions of this ordinance, and to such end, the various portions and provisions of this ordinance are declared to be severable. Section 4. That all ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only. Section 5. That any person who violates any provision of this ordinance shall, upon conviction, be punished, as provided in Section 1.01.009 of the Code of Ordinances of Beaumont, Texas. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 8th day of January, 2013. - Mayor Becky Ames - File - : Request for a zone change from RS (Residential Single Family Dwelling) N District to GC-MD (General Commercial-Multiple Family Dwelling) District or more restrictive district Location: 2550 E. Lucas Drive Applicant: David Morrow 0 100 200 I I I Feet Legend j ® 2156Z i � I it it R-S i ! ! j it �! GC-MD I GC-MD i I E LUCAS DR I ; _ GC MD, S GC-MD G.0-MD ! i ! EXHIBIT "A" 2 January 8,2013 Consider an ordinance approving the abandonment of a 0.1974 acre portion of a utility easement located off of Delaware Street and west of Dowlen Road behind the HEB Store RICH WITH OPPORTUNITY BEAUMOK* T � . x . A . S City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager oil PREPARED BY: Chris Boone, Community Development Director MEETING DATE: January 8, 2013 • Council consider an ordinance approving the abandonment TED ACTION. �g REQUESTED aPP of a 0.1974 acre lo Y rtion of a utility' easement. � BACKGROUND Mark W.Whiteley&Associate has applied for the abandonment of a 0.1974 acre portion of a 10' wide utility easement. The applicant states that this easement was created prior to the construction of the HEB store at the northwest comer of Dowlen and Delaware. No utilities were ever constructed in this section of the easement. Therefore,the owner of the tract would like to abandon this portion of the easement. This item was sent to all interested parties. No negative responses were received. At a Regular Meeting held December 17, 2012, the Planning Commission recommended approval 5:0 of the abandonment. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of ordinance. ORDINANCE NO. ENTITLED AN ORDINANCE VACATING AND ABANDONING A 0.1974 ACRE PORTION OF A 10' WIDE UTILITY EASEMENT LOCATED OFF OF DELAWARE STREET, BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS, Mark W. Whitely &Associates has applied for the abandonment of a 0.1974 acre portion of a 10' wide utility easement located off of Delaware Street, City of Beaumont, Jefferson County, Texas, as described in Exhibit"A"and shown on Exhibit"B," attached hereto; and, WHEREAS, the City Council has considered the purpose of said abandonment and is of the opinion that the easement is no longer necessary for municipal utility purposes and the abandonment of said easement is in the best interest of the City and should be granted; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT a 0.1974 acre portion of a 10'wide utility easement located off of Delaware Street, City of Beaumont, Jefferson County, Texas, as described in Exhibit"A"and shown on Exhibit "B," attached hereto, be and the same is hereby vacated and abandoned and that title to such property shall revert to and become the property of the persons entitled thereto by law. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 8th day of January, 2013. - Mayor Becky Ames - LEGAL DESCRIPTION FOR ORDINANCE PURPOSES Being a 0.1974 acre utility easement to be abandoned situated in the Hezekiah Williams Survey, Abstract No. 56,Jefferson County,Texas and being out of and part of that certain called 680.66 acre tract called"Second Tract" as conveyed by Treadaway Land Company et al. to Yount-Lee Oil Company as recorded in Volume 374,Page 113, deed Records,Jefferson County,Texas and also being out of and part of that certain remainder of a called 40.5391 acre tract of land as conveyed by Amoco Production Company to Dowdel Investments,Ltd. as recorded in Clerk's File No. 1999047799, Official Public Records of Real Property, Jefferson County,Texas and also being out of and part of that certain called 1.4889 acre utility easement as described in a"Utility Easement"from Dowdel Investments,Ltd. to City of Beaumont as recorded under County Clerk's File No. 2001019608,Official Public Records of Real Property,Jefferson County,Texas, said 0.1974 acre utility easement to be abandoned being more particularly described as follows: NOTE.All bearing are based on the North line of that certain called 62.615 acre tract, identified as Parcel#5, as recorded in Judgement Deed Number D-105,161 as recorded in Volume 2214, Page 318, Deed Records, Jefferson County, Texas. Commencing at a 5/8" iron rod found for the Northeast comer of that certain called 1.1364 acre tract of land as described in a"General Warranty Deed with Lien in favor of Third Party" from Bryan Lee to Dowlen Road Tunes Square, LTD. as recorded under County Clerk's File No. 2002047207, Official Public Records of Real Property, Jefferson County,Texas,said corner also being the Southeast corner of Barrington Heights, Phase I,a subdivision of the City of Beaumont,Jefferson County,Texas, according to the map or plat thereof,recorded in Volume 15,Page 348,Map Records,Jefferson County,Texas and also being in the West right-of-way line of Dowlen Road(based on a width of 100 feet); Thence SOUTH 88°36'07"WEST, along and with the South line of the said Barrington Heights,Phase I and the North line of the said 1.1364 acre Dowlen Road Times Square, LTD. tract and the North line of Lot 1, Block 1 of HEB Grocery Addition, an addition of the City of Beaumont,Jefferson County,Texas,according to the map or plat thereof,recorded under Clerk's File No. 2006015377, Official Public Records of Real Property,Jefferson County, Texas,for a distance of 800.00 feet to a 5/8"iron rod found for the Northwest comer of the said HEB Grocery Addition and also being the northeast comer of Barrington Heights, Phase H, a subdivision of the City of Beaumont,Jefferson County,Texas, according to the map or plat thereof,recorded in Volume 16,Page 99, Map Records,Jefferson County; Thence SOUTH 01 023'48" EAST, along and with the East line of the said Barrington Heights, Phase H and the West line of the said HEB Grocery Addition,for a distance of 1,483.13 feet POINT OF BEGINNING of the tract herein described,said comer being the Northeast comer of the said remainder of 40.5391 acre Dowdel Investments, LTD. tract and also being the Southeast corner of that remainder of that certain called 2.727 acre tract or land as described in a"Drainage Easement"from Amoco Production Company to Jefferson County Drainage District No. 6 as recorded under Clerk's File No. 1999047796, Official Public Records of EXH1$IT "A" Real Property,Jefferson County,Texas; Thence SOUTH 01 023148" EAST, along and with the East line of the said remainder of 40.5391 acre Dowdel Investments,Ltd. tract and the West line of the said HEB Grocery Addition,for a distance of 10.00 feet to a point for corner; Thence SOUTH 88°51'41"WEST,over and across the said remainder of 40.5391 acre Dowdel Investments,Ltd. tract, for a distance of 480.00 feet to a point for comer; Thence SOUTH 01 023'48" EAST,over and across the said remainder of 40.5391 acre Dowdel Investments,Ltd. tract,for a distance of 369.96 feet to a point for comer,said corner being in the North right-of-way line of Delaware Street(based on a width of 100 feet); Thence SOUTH 88°36'12" WEST, along and with the North right-of-way line of Delaware Street and the South line of the said remainder of 40.5391 acre Dowdel Investments,Ltd. tract,for a distance of 10.00 feet to a point for comer,said corner being the Southeast comer of that certain called 0.403 acre tract of land,identified as"Tract B"as described in a"Partial Release of Drainage Easement to Dowdel Investments,Limited"from Jefferson County Drainage District No. 6 to Dowdel Investments,Ltd. as recorded under County Clerk's File No. 2004013304, Official Public Records of Real Property,Jefferson County,Texas; Thence NORTH 01123'48"WEST, along and with the West line of the said remainder of 40.5391 acre Dowdel Investments,Ltd. tract and the East line of the said 0.403 acre Dowdel Investments, Ltd.tract,for a distance of 380.00 feet to a point for comer; Thence NORTH 88°51'41"EAST,along and with the North line of the said remainder of 40.5391 acre Dowdel Investments, Ltd. tract and the South line of the said 2.727 acre Jefferson County Drainage District No. 6 tract,for a distance of 490.00 feet to the POINT OF BEGINNING and containing 0.1974 acres,more or less. GILLED 0.103 ACRES MACY 000DEL WASJ ENIS, Ltd. C.F. No.1001013304 SCiILE 1'900' r OPRx L7 0.1974 ACRES " q UNE BEARING DISTANCE BARRM ION HEIGHTS BARRINGTON HEIGHTS L, S88.36 07 800.00 UTILITY EASEMENT — Lz s0,23 48 1483.13 TO BE ANDONED 6 `'DL ' N 400 VOL 'tea'PG 99 L3 S0,'23—48T_'10-00 — u uRJc L4 S88'51 41 480.00 REL1491DER OF L5 S01*23'48'E 369.98 CALLED 40'5391 ACRES �O D LB S88 36 12 10.00 OO*M MATSTMENTS, Ltd. L C.F. No. 1999047799 L7 NOt'23 48 380.00 r, OPRIC L8 N88'5141 490.00 ^�1 // — -- — — I _. — mil. ROD• T —— — — — — — — — — — - - — — — I — '— — — REI&QNDER OF I lI1RRp1G tE1GHT5 L3 CALLED 1.4M ACRE U11UTY EAS-Off VOL 15, PG.349 CITY OF KAUUM i I— MRJC C.F.No. 1001019606 OPRX S LOT 1,SMOCK 1 I I Qa; FCB GROCERY No20 I-. AD�N I NOTES. w m 1.)ALL BEARINGS ARE BASED ON THE NORTH UNE OF THAT CERTAIN CALLED 62.615 ACRE TRACT �-- wmnED AS PARCEL 15, AS RECORDED IN JUDGEMENT DEED NUMBER D-105.161 AS RECORDED IN VOL oowLECALLED 1.1364 ACRES I m rl ROAD TUIES SQUARE,Lm. 2214, PG. 316, DEED RECORDS, JEFFERSON COUNTY, C.F.No. 2002047207 I X TEXAS. OPRJC _ 2.) THIS PLAT HAS BEEN PREPARED FROM PREVIOUS �o.O W SURVEY DATA. THIS PLAT DOES NOT REFLECT I CAMEO WEER ACRES CALLED 1.7932 ACRES A CURRENT SURVEY OF THE SUBJECT TRACT. COJ JEWELRY CO. 1910 HOLDMICS, LTD A LEGAL DESCRFWN BASED ON THIS PUT IS C.F. No.W 1016844 C.F. No.�14356 ATTACHED (SEE EXHIBIT Al. — — — J ===I =__ ____= 3—I- - - DOWLEN ROAD (100' Row) EXHIBIT "B" jrND REFER TO L7MIBTT A' FOR FIELD NOTE DESCRIPTION -� CITY OF BEAUMONT m or SCAM ` F F R'r. 9 l SKETCH OF '�..•�. v•. — 11-72 0.1974 ACRE UTILITY EASEMENT v)r 2' I � W. �T= TO BE ABANDONED E1 T ri.. '• tq� 1i11AL. AND ASSOCIATES gEZEKIAII 11ILLIAMS SURVEY • P INCORPORATED `` :•9„ s �o?(�� bol a ABSTRACT NO. 56 ' L •• �.1 ,� JEFFERSON COUNTY, TEXAS F. r. 4A >foc s4r so■urII rrrr. n�°rotrtnfr-swtt rr�w�e' w u�i°r 3 January 8,2013 Consider a resolution approving two contracts for mowing developed and vacant city-owned property and abandoned property within the city limits RICH WITH OPPORTUNITY IIEAIIMON* T - E - X - A • S City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Laura Clark, Chief Financial Officer CPA MEETING DATE: January 8, 2013 REQUESTED ACTION: Council consider a resolution approving the award of an annual contract for mowing developed and vacant city- owned, and abandoned property to Garden of Gethsemane Nursery and Landscaping, LLC of Beaumont in the amount of$101,138, and Bulldog Excavating, Inc., of Vidor in the amount of$83,500, for the Code Enforcement Division. BACKGROUND Developed and vacant city-owned property and abandoned property within the city limits are mowed approximately once every six (6)weeks during growing season. The City currently mows 178 city-owned and 231 abandoned properties. City-owned properties, for the purpose of this contract, are mostly unimproved street right-of- ways or properties in the name of Jefferson County. Abandoned property is defined as property that has no mailing address and/or no name listed on the tax roll. The total number of properties being mowed changes throughout the year. Attached is a list of properties to be mowed. The contract is divided into two (2) sections with six cut codes per section. Each contractor is awarded one (1) section with the company's capacity and experience determining the section awarded. Vendors are required to cut one (1) cut code per week with all cut codes being completed at the end of six (6)weeks. A cut code is a list of properties that are to be mowed within five (5) working days, and are grouped in a small geographic area to aid the contractor in being cost effective. The contract is for one (1) year with annual renewal options not to exceed two (2) renewals with no increase in cost. Ten (10) vendors were provided bid notices and five (5) responses were received. Scraps & Metals Demo of Beaumont provided the lowest bids for both sections but did not meet the minimum contract requirements. Garden of Gethsemane Nursery and Landscaping LLC, and Bulldog Excavating, Inc., were the next lowest bidders. A copy of the bid tabulation is attached. Page 2 January 8, 2013 Mowing Developed and vacant City-owned and abandoned property. FUNDING SOURCE General Fund. RECOMMENDATION Approval of resolution. . N_ .. EAUMONT,BEAUMONT,TEXAS PURCHASBE lMOk CY OF BING DIVISION BID TABULATION r _.e__z-._.s... e Bid Name: Annual Contract For Mowing Developed and VacantCity Owned and Abandoned Property Bid Number. TF0412-20 Bid Opening: Thursday,December 6,2012at 2:00P.M. Contact Person: Terry Welch Buyer II twekhda.besumont.Um Phone:409-880-3107 Garden of Gethsemane Nursery Vendor: Scraps 8 Metals And Landscaping LLC Bulldog Excavating Inc. CiMA Utility Construction Co. City I State: Beaumont,Tx 77703 Beaumont,Tx Vdor,Tx 77662 Beaumont,Tx 77707 Contact: Derrick Bradley Michael Athsd Wayne Armstrong Fabian Moye- Fax: d Mhoo.com 813-2883 409-81-9248 Est.Annual QtV Desription Unit Price Ext.Price Unit Price Ext.Price Unit Price Ext.Price Unit Price Ext.Price Price for property-less than 612 cuttings $61 per $37,332.00 $54.00 $33,048.00 S58.00/ $38,496.00 $6S/cutting $39,780.00 6,500 sq.ft.Minimum bid per year /cutting /cutting cutting Price for property-6,500 sq. 22,000,000 $0.005 5.0063 5.0075 ft.or greater up to one acre. Jsq.ft. /sq.ft. $110,000.00 /sq.ft $138,600.00 /sq ft 5168,000.00 /'s008 q $176,000.00 Price for property-one(1) 60 arcels>1 $90.00 $128.00 acre or greater acre $75/acre 5450.00 /acre $540.00 8175.00/acre 51,050.00 /acre $750.00 Total Bid. 5147,782.0 $172,188.0 5201,546.0 5216,530.0 Vendor., Yardboy Lawncare Service City I State: Beaumont,Tx 77701 Contact: Timothy Gregory Fax: 408x33-7960 Est.Annual QtV Unit Price Ext.Price Desription Price for property-less than 612cuttings $65.00 539,780.00 6,800 sq.ft.Minimum bid per year /cutting Price for property-6,500 sq. 22,000,000 5.0085 ft.or greater up to one acre. /sq.ft. /sq.ft. $187,000.00 Price for property-one(1) 6 parcels>1 $140.00 4840.00 acre or greater acre /acre Total Bid 5227,620.0 QTY'S ARE FOR BID PURPOSES ONLY LOCATION DIM TSF LASALLE E 635 RIGHT OF 40X40 1600 NORTH CATALPA 824 2ND RIGHT OF 19X100 1900 NORTH DUKE 3400 BLK(DEAD END)ROW 40X50 2000 NORTH CHERRY 3445&3450 BETWEEN 5OX45 2250 NORTH POLLARD 765 40X105 2264 NORTH CORDOVA 3190 LEFT OF(TULANE ROW) 20X120 2400 NORTH COTTONWOOD 2200 BLK(next to 40X75 3000 NORTH Cottonwood Park) LINSON 1590 RIGHT OF 39X80 3120 NORTH LETHIA 300 @ 2700 PRIMER(RIGHT OF 70X50 3500 NORTH LIFT STATION) I I MASHED-0 2600 DEAD END 65X55 3575 NORTH 0 a LASALLE E 1670 RIGHT OF 25X150 3750 NORTH cc b � > o CALDWELL 1245 RIGHT OF 60X65 3900 NORTH R POLLARD 620 LEFT OF 40X100 4000 NORTH ao �-0 U) I d 0.0 ELDER 3460 LEFT OF DEAD END 60X66 4026 NORTH F- G4cc 0 EARL 1605 LEFT OF 25X165 4125 NORTH x 9 0 W JUZ HAYES 2075 3RD LEFT OF 40X105 4200 NORTH POLLARD 318 3RD RIGHT OF 40X105 f 4200 NORTH FVES 1930 ACROSS FROM 50X94 4700 NORTH LIVEOAK 2000 BLK(BEHIND 2410 OMAHA) 75X65 I 4875 NORTH COTTONWOOD RIGHT OF 1765 50x99 4950 NORTH MANNING 230 RIGHT OF(VIRGIL ST ROW) 27X185 4995 NORTH DELAWARE 1 100 BLK NORTH SIDE(RIGHT 50X100 5000 NORTH OF BURNED HOUSE) PRISCILLA 2700 blk(east side,47'north of E 103X50 5150 NORTH Simmons) TALIAFERRO 3155 LEFT OF(TO LEFT OF 40X135 5400 NORTH FENCED AREA) SAN BRUNO 8050 LEFT OF 60X95 i 5700 NORTH I KENT 3160 RIGHT OF 40X143 I 5720 NORTH CTY_ABD GRAND 3198 RIGHT OF 50X 115 I 5750 NORTH i t JEANETTE 4355 LEFT OF 50X1 15 5750 NORTH DELAWARE 480 E LEFT OF(ASTOR ROW) 50X120 6000 NORTH Enter From Manning MAGNOLIA 2684 LEFT OF @ SIMMONS SE 65X97 6305 NORTH CORNER OSBORNE 4505 RIGHT OF 50X127 6350 NORTH TALIAFERRO 3160 RIGHT OF 40X160 6400 NORTH 32 Totat Lots Less TWi b t►# Ft,'1i►"lrhe 136 85 .Total Iorl ec1�o�[ q L S COTTONWOOD 1765 LEFT OF 42x155 6510 NORTH MAGNOLIA 2914 RIGHT OF 40x165 6600 NORTH HILL 600 BLK 125'E FROM HALL ODD 5OX 165 6750 NORTH SIDE MANNING 185 LEFT OF 50X135 I 6750 NORTH MANNING 430 RIGHT OF 50X135 i 6750 NORTH PENNOCK 5045 RIGHT OF 60X140 7000 NORTH DELAWARE 460 E(VAC LOT-PAINTED 52X135 7020 NORTH ADDRESS ON DRIVEWAY) DELAWARE 470 E(VAC LOT-PAINTED 52X135 7020 NORTH ADDRESS ON DRIVEWAY) DELAWARE 480 E(VAC LOT-PAINTED 52X135 7020 NORTH ADDRESS ON DRIVEWAY) MANNING 400 BLK El56'FROM NE CNR Ca? 52x135 7020 NORTH TALIAFERRO MANNING 400 BLK 50'WEST @ ASTOR NW 52X135 7020 NORTH CORNER POLLARD 730 60X135 7020 NORTH HALL 3335 3RD RIGHT OF 51X140 7140 NORTH FLETCHER 195 LEFT OF 53X135 7155 NORTH FLETCHER 253 LEFT OF 53X135 7155 NORTH ST HELENA 3360 RIGHT OF 51X142 7242 NORTH BESSEMER 4204 LEFT OF 50X145 7250 NORTH JOHNSTOWN 3580 2ND LEFT OF 50X157 1 7350 NORTH CHARLES 2940 LEFT OF 50X150 7500 NORTH ROBINSON 3675 2ND LEFT OF 60X125 7500 NORTH AGNES 4270 2ND LEFT OF @ LASALLE 57X132 7524 NORTH CTY_ABD HALL 3335 ACROSS FROM 54X140 7560 NORTH OSBORN 4505 LEFT OF 60X127 7620 NORTH LYNWOOD N 2445 RIGHT OF 55X140 7700 NORTH TALIAFERRO 2900 S120'FROM SE CNR @ 67x1 15 7705 NORTH TALIAFERRO CORDOVA 3100 BLK(LEFT OF 2245 50X155 7750 NORTH NORMANDY) DELAWARE 1938 LEFT OF 50X155 7750 NORTH GLASSHOUSE 2050 LEFT OF 50X 155 I 7750 NORTH HARDING 3990 RIGHT OF 50X 155 7750 NORTH POPE 2362 RIGHT OF 50X155 I 7750 NORTH TEXAS 2100 BLK(100'NORTH.FROM 5OX 155 7750 NORTH MAPLE,WEST SIDE) WEST 3550 2ND RIGHT OF 50X155 7750 NORTH GILL 1540 2ND RIGHT OF 40X195 7800 NORTH LETHIA 480 3RD RIGHT OF 50X 165 8020 NORTH SPRUCE 950 RIGHT OF 71X115 8050 NORTH LINSON 1585-1505 BEHIND(Enter from IH 10 30X270 8100 NORTH ,cr Linson) BIGNER 6750 3RD RIGHT OF 50X 165 8250 NORTH CORDOVA 3035 2ND RIGHT OF 50X165 8250 NORTH CORDOVA 3035 RIGHT OF 50X165 8250 NORTH FLETCHER 460 RIGHT OF 50X165 8250 NORTH GRAND 3333 RIGHT OF 50X165 8250 NORTH LETHIA 345 2ND RIGHT OF 50X165 8250 NORTH OMAHA 2440 2ND RIGHT OF 50X1.65 8250 NORTH POPE 2163 ACROSS FROM 50X165 8250 NORTH POPE 2347 RIGHT OF 50X165 8250 NORTH SIMMONS E 205 RIGHT OF 50X 165 8250 NORTH UTICA 2245 6TH LEFT OF 50X165 8250 NORTH HILL 500-600 BLK @ HALL SE CORNER 122X68 8364 NORTH ODD SIDE OF STREET HARDING 4015 LEFT OF(HAVES ST ROW) 60X140 8400 NORTH CTY ABD KITC.HENER 2876 RIGHT OF 60X 140 8400 NORTH RATCLIFF 2155 LEFT OF 60X 140 8400 NORTH SAN BRUNO 8235 LEFT OF 60X140 8400 NORTH GRAND 3255 3RD LEFT OF @ POPE 65X 130 8450 NORTH IRONTON 4330 RIGHT OF 50X175 8750 NORTH MANNING 475 RIGHT OF C@ ASTOR 65X135 8775 NORTH MARTIN 600 BLK(65'FROM DEAD 54X165 8910 NORTH END/NORTH SIDE) PAULINE 1676 LEFT OF(@ QUINN 65X140 9100 NORTH TULANE 1690 RIGHT OF 80X1 15 9200 NORTH PLUM 810 RIGHT OF UNIMP TEXAS 60X 155 9300 NORTH STREET ROW BEVERLY 4335 LEFT OF 65X149 9685 NORTH BUCHANAN 2425 LEFT OF 60X165 9900 NORTH FILLMORE 2312 RIGHT OF @ CLEVELAND 65X 155 10075 NORTH PINE BURR 5685 175X70 10254 NORTH GILL 2120 2ND LEFT OF 54X196 10584 NORTH FLETCHER 545 LEFT OF 50X212 10600 NORTH CALDWELL 1300 BLK @ LINSON SW 65X 165 10725 NORTH CORNER FLETCHER 400 BLK @ PRIMER SE 65X165 10725 NORTH CORNER FORREST 2484 LEFT OF @ COTTONWOOD 65X165 10725 NORTH GRAND 2735 LEFT OF @ SIMMONS 65X165 10725 NORTH SIMMONS E 200 BLK(@,PRISCILLA NW 65X165 10725 NORTH CORNER MARGO 5215 RIGHT OF 73X 150 10950 NORTH BUCHANAN 2425 RIGHT OF 68X165 11220 NORTH TEXAS 1929 2ND RIGHT OF @ 1SLA SW 65X175 11375 NORTH CORNER PINE 3150 2ND LEFT OF 80X 145 11600 NORTH GILL E 645 LEFT OF 75X 163 12225 NORTH TALIAFERRO 3100 BLOCK @ DELAWARE 95x 130 12350 NORTH NW CORNER FLETCHER 300 BLK @ PRIMER SW 75X165 12375 NORTH CORNER CTY ABD ST HELENA 2485 RIGHT OF @ 75X165 12375 NORTH COTTONWOOD ROMAN 2310-2340 REAR OF(ENTER FROM 249X50 12450 NORTH RR ROW) BEATRICE 2480 LEFT OF(1N THE CURVE) I 12600 NORTH DELAWARE E 310 2ND&3RD RIGHT OF I OOX 130 13000 NORTH FORREST 2000 BLK @ MAPLE(SW 65X 155+50X6 13075 NORTH CORNER) 0 JOHNSON 2220 LEFT OF 8OX165 13200 NORTH LAWRENCE 8195&8225 BTWN 80X 165 13200 NORTH FORREST 1995 BEHIND-ON ISLA 70X180 13650 NORTH MAGNOLIA 2750 RIGHT OF 85X165 14025 NORTH POLLARD 365 ACROSS FROM 120X 120 14400 NORTH DELAWARE E 400 BLK @ TALIAFERRO 95X 155 14725 NORTH (Even Side/SE Corner) CARNEGIE 4450 RIGHT OF @ FILLMORE 100X155 15500 NORTH MANNING 400 BLK @,TALIAFERRO SE 115X]67 15755 NORTH CORNER CONCORD 1400 BLK(a,)OAKLAND NW 142X115 16330 NORTH CORNER MAPLE 1400 BLK @ OAKLAND SW 143X1 15 16445 NORTH CORNER LETHIA 230 LEFT OF 10OX 165 16500 NORTH LETHIA 415 RIGHT&2ND RIGHT OF 10OX165 16500 NORTH TULANE 2068&2098 BETWEEN 100X165 16500 NORTH CABLE 1500(a),1100 TH 10 NW corner 101X165 16665 NORTH KARLETTE 5770 3RD&4TH LEFT OF 120X125 16800 NORTH CHARLES 3255 RIGHT OF(a),BIGNER 119X144 17136 NORTH LUCAS E 1800 @ SUTHERLAND NE 150X115 17250 NORTH CORNER WEST 3480 2ND&3RD RIGHT OF 10OX 175 17500 NORTH LIVEOAK 1000 BLK @ 2400 BLK CABLE 115X155 17825 NORTH NE CORNER JEANETTE 405 102X 192 18310 NORTH ACORN CIRCUIT 3700 BLK (DITCH 30X615 18450 NORTH BEHIND) LASALLE E 430-32&460-62 BETWEEN 150x108 18450 NORTH GRAND 2140 RIGHT OF TO MAPLE 115X165 18975 NORTH CTY_ABD i MONROE 2375 RIGHT OF Ca)PITTSBURGH 115X165 18975 NORTH WEST 3400 BLK(a IVES NW CORNER 1 15X165 18975 NORTH WILSON 2200 BLK @ 4400 BLK 115X165 18975 NORTH BETHLEHEM BUCHANAN 2130 RT OF(a',SHEFFIELD/also 20830 NORTH 10x313 across from TEXAS 2995 LEFT OF 150X140 21000 NORTH PINE 3595 RIGHT OF 90X234 21060 NORTH UTICA 2245 LEFT OF 150X165 24750 NORTH TEXAS 2000 Ca;800 ISLA NW CORNER 165X155 I 25575 NORTH UTICA 2130 LEFT OF 125X215 26875 NORTH CABLE 1900 BLK @ 1000 BLK ISLA SE 165X 165 27225 NORTH CORNER FORREST 2000 BLK(BEHIND 1240 ISLA) 150X1'+43X 27975 NORTH OAKLAND 2070-38 BEHIND 185X155 28675 NORTH DELAWARE 1109-29 LEFT OF(CHURCH IS 90X234+60X l 29760 NORTH 1109-29) 45 HIGHWAY 105 5300 BLK @ CONCORD NW 29925 NORTH CORNER HALE 1355 LEFT OF 120X258 30960 NORTH CLEVELAND LEFT OF 3990(HAYES 60X540 32400 NORTH UNIMPROVED ROW) JOHNSON 2200 BLK TO UTICA 60X550 33000 NORTH (BETHLEHEM ROW) ALBANY 2180 RIGHT OF 230X165 37950 NORTH MAGNOLIA 3500 BLK(across from Leight to 275X 140 38500 NORTH across from 3555 Magnolia) x 124 L©ts Wit�iq #.greater Thga:b,500 in 1,608,094 Tofal iVarfh Seedon Sq.Ft _- TE) A11.L� �fl1<t. AIQR11IFf$E)CTiC14 ] 744,49Totxil T&lay 6 Sq.Ft �. CARROLL 1786 3RD RIGHT OF 8X105 840 SOUTH BROOKLYN 2000 BLK(triangle btwn 1 260 SOUTH Devilleneuve&Lincoln) OAKLAND 0840-850 39X65 1527 SOUTH EWING 1380 LEFT OF 31 X59 1829 SOUTH CARROLL 1786 4TH RIGHT OF 30X69 2070 SOUTH E WING 145 LEFT OF 33X65 2145 SOUTH CTY_ABD POWELL 700 BLK(BEHIND 755 SCHWARNER) 30X75 2250 SOUTH SCHWARNER 0830 ACROSS FROM 30X75 2250 SOUTH SCHWARNER 0720 LEFT OF 25X95 2375 SOUTH PARK 4487 50x65 2440 SOUTH PARK 4490 LEFT OF-REAR& 10'OF ALLEY 50X50 2500 SOUTH (neighbors cut majority of lot) CROCKETT W 3112 LEFT OF(enter from 25X104 2600 SOUTH Hollywood) SCHWARNER 720 RIGHT OF 29X95 2755 SOUTH BRENHAM W 3079 LEFT OF 25X115 2875 SOUTH CROCKETT W 3097 3RD LEFT OF 25X115 2875 SOUTH JACKSON 640 LEFT OF 45X65 2925 SOUTH 07TH 2440 RIGHT OF(a:,,BOLIVAR i 3000 SOUTH ANGELINA 2900 BLK(CLOSED CITY 60x50 3000 SOUTH STREET) RIDGELAND 3390 LEFT OF(COOLIDGE 60X50 3000 SOUTH ROW) RUSK 2000&21.00 BTWN(5TH STREET 60X50 3000 SOUTH RIGHT OF WAY) HERRING S 1700 BLK(DEAD END ON 29X105 3045 SOUTH RIGHT) GLADYS 1000 BLK E 100'FROM NE 35X90 3150 SOUTH CORNER OF FORREST SHERMAN 1240 3RD RIGHT OF 42X75 3150 SOUTH SCHWARNER 810-20 ACROSS FROM THRU 30X113 3390 SOUTH TO POWELL GARLAND 165 LEFT OF L HIGHLAND 3445 SOUTH HAGNER 5300 BLOCK DEAD END(OFF W 30X130 3900 SOUTH CARDINAL) MAGNOLIA 1006 BEHIND-ON LONG 60X65 3900 SOUTH FRANKLIN 1200 BLK ORANGE)BHIND 1293 30X135 i 4050 SOUTH CABLE 1420 2ND RIGHT OF 25X165 4125 SOUTH STEPHENSON 1100 BLK@ EVALON SW 65X65 4225 SOUTH CORNER DEViLLENEUVE 810 LEFT OF 40X129 4296 SOUTH BROOKLYN 1 950 LEFT OF 50X87 4350 SOUTH SHERMAN 600 L JACOBS 50'E FROM 38X115 4370 SOUTH DEAD END NORTH SIDE LIBERTY3300 BLK(under bridge from ditch to 4750 SOUTH fence of adj property) CTY_ABD AVENUE E 1505 LEFT OF(g;CRAIG 75X65 4875 SOUTH MCLEAN 9500 BLK(RIGHT OF WAY)@ 50X100 5000 SOUTH CALHOUN PRESTON 3765 2ND LEFT OF 35X144 5040 SOUTH IRVING 2150 RIGHT OF 64x80 5120 SOUTH JIROU 1200 BLK (2 LOTS BEHIND 1701 8OX65 5200 SOUTH GLADYS) POPLAR 2345 RIGHT OF 43X121 5203 SOUTH WILLOW 1000 BLK(100'NORTH OF LONG) 5OX105 5250 SOUTH GLADYS 1270 ACROSS FROM 32X165 5280 SOUTH GRAND 1400(a 800 LOUISIANA @ IH 10 E 5600 SOUTH (triangle area) HARRIOT 2675 RIGHT OF ca GOLIAD 40X 140 5600 SOUTH LAMAR 1 160 LEFT OF 50X 112 5600 SOUTH LOUISIANA 1495 LEFT OF 34X165 5610 SOUTH CROCKETT W 3097 LEFT OF 50X 115 5750 SOUTH EVALON 1108 REAR OF-ON FORREST 50X 115 5750 SOUTH HOUSTON 1220 ACROSS FROM 50X1 15 5750 SOUTH PORT 1600 BLK EVEN SIDE S 100'FROM SOX 115 5750 SOUTH STEWART EDMONDS 3684 RIGHT OF 35x165 5775 SOUTH BROOKLYN 2350 LEFT OF @ STANTON 65X90 5850 SOUTH IRVING 1510 LEFT OF 65X90 5850 SOUTH WILLOW 1000 BLK(100'SOUTH OF 50X127 5850 SOUTH MILLER) BONHAM 1200 @'300 VICTORIA 60X100 6000 SOUTH CHAISON 4395&4405 BTWN(WOODROW 40X150 6000 SOUTH ROW) CROCKETT W 3034 RIGHT OF 50X120 6000 SOUTH CROCKETT W 3042 2ND RIGHT OF 5OX120 6000 SOUTH HEGELE 2400 BLK(1 O0'WEST OF 40X 150 6000 SOUTH USAN/ODD SIDE) SHEILA 7855&7865 BETWN(JACKIE ROW) 60X100 6000 SOUTH SOUTH 3995(ACROSS FROM TO THE 60X100 6000 SOUTH LEFT)ALONG ENTERGY FENCELINE JACKSON 0640 2ND LEFT OF 58X]05 6090 SOUTH CTY_ABD EV.ALON 1 100 Ccb, 1 100 CENTER SE I 65X95 6175 SOUTH CORNER NORA 1861 LEFT OF 50X126 6300 SOUTH ELINOR 3310 RIGHT OF (R.O.W) 55X115 6325 SOUTH AVENUE G 1510 BEHIND-ON JOACHIMI 71 X90 6390 SOUTH IRBY E 665 LEFT OF SOX 129 6450 SOUTH 67'Total Leta n The South Se cti on.With Sq.', 291,095 Total I Ft.i..ess Ttran6590,:; SHAMROCK 444 2ND LEFT OF(TURON 50X130 6500 SOUTH ROW) BRANDON 4555 ACROSS FROM 42X 155 6510 SOUTH CENTER 1254 LEFT OF 57X I00 6555 SOUTH EMMETT 600 BLK,(152'FROM GRAY) 55X120 6600 SOUTH EUCLID 2483 LEFT OF 40X165 6600 SOUTH HOUSTON 3705 LEFT OF 40X165 6600 SOUTH SHAMROCK 500(ACROSS FROM-TO 5OX135 6750 SOUTH RIGHT OF 505) DEVfLLENEUVE 0740 LEFT OF 5OX137 6850 SOUTH SHERMAN 1430 2ND LEFT OF 42X 165 6930 SOUTH BLUEBONNET 7965&7975 BTWN 50X140 7000 SOUTH GLENWOOD 3505 4TH RT OF @ 1 1 TH 5OX140 7000 SOUTH LELA 1920 RIGHT OF 5OX140 7000 SOUTH VERONE 1730 LEFT OF 50X141 7050 SOUTH HEGELE 2000 BLK EVEN SIDE 46'FROM 46XI55 7130 SOUTH MARIE EUCLID 3100 BLK(S60'FROM SE CORNER 50X143 7150 SOUTH OF 11TH) FULTON 0958 LEFT OF 50X165 7250 SOUTH RECECCA 6640 LEFT OF 58X 125 7250 SOUTH MADISON 865 LEFT OF 50X148 7400 SOUTH JOHNS 1435 RIGHT OF 55X135 7425 SOUTH CENTER 1100 BLK @c ASHLEY NW 65X115 7475 SOUTH CORNER GLADYS 1200 Co.)GRAND SW CORNER 65X115 7475 SOUTH PARK 2820 RIGHT OF rci PRAIRIE 65X 115 7475 SOUTH CTY_ABD ETHEL 3930 2ND LEFT OF La,FANNETT 50x150 7500 SOUTH FRANKLIN 2260 LEFT OF 46X 165 7590 SOUTH LAKNER 4135 2ND RIGHT OF 50X152 7600 SOUTH LANDIS 8985 LEFT OF 7670 SOUTH LEVY 1500 BLK 85'FROM BUFORD(EVEN 50X155 7750 SOUTH SIDE) PRADICE 3570 LEFT OF 50X155 7750 SOUTH WAVERLY 3325 LEFT OF 50X155 7750 SOUTH WESTMORELAND 3320 RIGHT OF 50X155 7750 SOUTH JACKSON 0440 RIGHT OF 60X133 7980 SOUTH GERALD STREET RIGHT OF WAY 60X135 8100 SOUTH IRVING 1500 BLK ODD/EAST SIDE(NORTH 60X135 8100 SOUTH 62'FROM CUNLFF) RUSK 2195-97 RIGHT OF(6TH STREET 60X136 8175 SOUTH RIGHT OF WAY) ADMADE 3950 RIGHT OF 50x165 8250 SOUTH AVENUE A 2875 LEFT OF 50X165 8250 SOUTH AVENUE D 727 RIGHT OF 50X165 8250 SOUTH AVENUE E 1469 LEFT OF 50X 165 8250 SOUTH BRANDON 3860 RIGHT OF 50X165 8250 SOUTH CENTER 996 BEHIND-ON LONG ST 50X165 8250 SOUTH CORLEY 1820 RIGHT OF(a;AVE E 50X165 8250 SOUTH CORLEY 2047 LEFT OF 50X 165 8250 SOUTH CUNIFF 745 LEFT OF 55X150 8250 SOUTH DONOHUE 3082 LEFT OF 50X 165 8250 SOUTH ELINOR 3085 RIGHT OF 50x 165 8250 SOUTH EUCLID 1075 LEFT OF 50x165 8250 SOUTH EVALON 1040 2ND LEFT OF 50X165 8250 SOUTH EVALON 1247 2ND RIGHT OF 50X165 8250 SOUTH FULTON 1028 LEFT OF 50X165 8250 SOUTH GLENWOOD 3614 LEFT OF 50X165 8250 SOUTH CTY_ABD GLENWOOD 3639 2ND LEFT OF 50x165 8250 SOUTH GRANT 845 LEFT OF 50X165 8250 SOUTH HAZEL 1112 LEFT OF 50X165 8250 SOUTH HEBERT 2155 LEFT OF 50X 165 8250 SOUTH HEGELE 2525 RIGHT OF 50X165 8250 SOUTH LIBERTY 1179 LEFT OF 50X165 8250 SOUTH LIBERTY 1832 LEFT OF 50X165 8250 SOUTH LIBERTY 2262 LEFT OF 50x165 8250 SOUTH LOUISIANA 1365 ACROSS FROM-TO THE 50X165 8250 SOUTH RIGHT MCFADDIN 2483 LEFT OF 50X 165 8250 SOUTH OGDEN 4015 ACROSS FROM 50X165 8250 SOUTH PIPKIN E 190& 170 BETWEEN 50X165 8250 SOUTH ROCKWELL 2223 RIGHT OF 50X165 8250 SOUTH ROCKWELL 2447 LEFT OF 50X165 8250 SOUTH SOUTH 2170 RIGHT OF 50X165 8250 SOUTH ST JAMES 3370 RIGHT OF 50X165 8250 SOUTH ST JAMES 3614 RIGHT OF 50X165 8250 SOUTH WESTMORELAND 3260 2ND RIGHT OF 50X165 8250 SOUTH LOU 4135&4195 BETWEEN 65X]28 8320 SOUTH EMMETT 500 BLK(60'FROM CORNER @ 60X140 8400 SOUTH NECHES) EUCLID W 3490 LEFT OF R.O.W. 60X140 8400 SOUTH OAKLAND 0100 BLK(unimproved street right 100X85 8500 SOUTH of way,south from Laurel) BRENHAM W 3030 LEFT OF 75X115 8625 SOUTH BRADLEY ALLEY 1398 3RD LEFT OF 50X173 8650 SOUTH SULLIVAN 4115 LEFT OF(R),LAVACA 60X145 8700 SOUTH MILLER 1000 BLK @ STEPHENSON NE 67X130 8710 SOUTH CORNER LELA 1930 3RD LEFT OF 50X175 8750 SOUTH SHERMAN 1250 LEFT OF Ca HEMLOCK 68x 131 8908 SOUTH CTY_ABD BOB 3915 LEFT OF(w HEBERT 67X133 8911 SOUTH BLANCHETTE 3006 RIGHT OF 3006(d 5TH 60X150 ! 9000 SOUTH GLENWOOD 2990 LEFT OF(5TH ST ROW) 60X160 1 9000 SOUTH INEZ 4110-4130 BEHIND(AVENUE B ROW) 60X150 9000 SOUTH OAKLAND 0063 LEFT OF 60X150 9000 SOUTH SOUTHERLAND 2255 RIGHT OF @ 60X 150 9000 SOUTH GEORGE KENNETH 3890 65X165 9087 SOUTH MANION 8515 RIGHT OF(8535 MANION) 65X140 I 9100 SOUTH SCHWARNER 1475 RIGHT OF rn CARROLL 84X 1 10 9240 SOUTH NE CORNER EMILE 2325 RIGHT OF 50x 185 9250 SOUTH GROSS 9155 RIGHT OF 60X155 9300 SOUTH MAGNOLIA 1037 LEFT OF 50X186 9300 SOUTH EMILE 2300 @ BOLIVAR NW CORNER 65X 144 9360 SOUTH SOUTHERLAND 2235 2ND LEFT OF @ 60X160 9600 SOUTH W ACO MOUTON 4155 LEFT OF 59X165 9735 SOUTH CHAMBERLIN 1534 RIGHT OF 50X 195 9750 SOUTH CENTER 1254 RIGHT OF(n)EVALON NE 85X115 9775 SOUTH CORNER BLANCHETTE 2300 RIGHT OF 60X165 9900 SOUTH IH 10 N 205 RIGHT OF(rt of Shell Station 9900 SOUTH facing IH 10) HEGELE 2420 RIGHT OF @ USAN 65X155 10075 SOUTH SHERMAN 600(c7r,JACOBS SE CORNER 75x 135 10125 SOUTH SABINE PASS 1833 RIGHT OF(a` 67X 165 10184 SOUTH SCHWARNER RUSK 2200 BLK @ GUFFEY ODD SIDE 52X200 10400 SOUTH RUSK 2200 BLK(ACROSS FROM 2228-TO 50X209 10450 SOUTH THE RIGHT) FANNIN 1.652 2ND RIGHT OF(r,AVE C 65X 165 10725 SOUTH GOLIAD 2428 RIGHT OF @ BOLI VAR 65X 165 i 10725 SOUTH GRAND 1000�P,LONG NE CORNER 65X165 10725 SOUTH GRAND 1035 2ND LEFT OF I- LONG 65X 165 10725 SOUTH CTY_ABD LAUREL 2231 RIGHT OF Li:.GUFFEY 65X 165 10725 SOUTH ST JAMES 3240 2ND RIGHT OF r@ IOLA 65X 165 10725 SOUTH MADDOX 5215 ACROSS FROM(<.FLORIDA 10767 SOUTH (SE corner) SABINE PASS 2179 LEFT OF C;MARY 78X143 11154 SOUTH EUCLID W 3505 LEFT OF R.O.W. 50X225 11250 SOUTH PENNSYLVANIA 1795 RIGHT OF @ 84X135 11340 SOUTH JACKSON LINCOLN 1200 BLK @ VERONE NW 50X230 11500 SOUTH CORNER SA.BINE PASS 1919 LEFT OF @ 70X165 11550 SOUTH SCHWARNER DOTY 9135 LEFT OF(ACROSS FROM 9130) 90X130 11700 SOUTH DAUPHINE 2500&2600 BLK BEHIND 37X320 11840 SOUTH LINCOLN 0780 ACROSS FROM&ACROSS 100X120 12000 SOUTH FROM RIGHT OF 780 CROCKETT/HOLLYWOOD(@ S SIXTH 12120 SOUTH (RIGHT OF WAY) WILLOW 1100 Ca 800 MILLER NW CORNER 85X145 12325 SOUTH CENTER 1300 BLK EAST SIDE(NORTH 200' 75X 165 12375 SOUTH FROM GLADYS) ECTOR 4150 LEFT OF 75X165 I 12375 SOUTH FANNIN 5 100 BLK(BEHIND 5150 75X165 12375 SOUTH FORSYTHE) NORTH 1180 ACROSS FROM 75X165 12375 SOUTH PRAIRIE 3170 RIGHT OF 75X165 12375 SOUTH DEVILLENEUVE 0915 ACROSS FROM @ 95X135 12825 SOUTH BROOKLYN SE CORNER HEMLOCK 2245 ACROSS FROM ng 100x131 13100 SOUTH BRADLEY KENNETH 4180 LEFT OF 80X165 13200 SOUTH ST ANTHONY 2285 LEFT OF 60X223 13380 SOUTH ELINOR 3046 90X165 13506 SOUTH LIBERTY 2086 LEFT OF 90X155 13950 SOUTH I 1 TH S 2655 LEFT OF(CARTWRIGHT ROW) 40X350 14000 SOUTH ST ANTHONY 2305 2ND RIGHT OF 64X222 14208 SOUTH CARROLL 1700 rd, 1400 LAMAR SW 190X75 14250 SOUTH CORNER FORSYTHE 2630 RIGHT OF(AMARILLO 60X239 14340 SOUTH ROW) GTY_ABD VIRGINIA 1410 RIGHT OF(AVENUE A 30X480 14400 SOUTH ROW) FREDERICK 300(CENTER OF BLK)Across 105X 140 14700 SOUTH from Mwichester Sling LIBERTY 2165 RIGHT OF TO 6TH ST 90X165 14850 SOUTH DAUPHINE 2545 LEFT OF 100X150 15000 SOUTH SABINE PASS 1900 @ 400 MCGOVERN NE 100X150 15000 SOUTH CORNER SHAMROCK 500 @u 1700 TILSON SW 1 15X135 15525 SOUTH CORNER BROUSSARD 3600 C(; HEGELE 150X140 15682 SOUTH MADDOX 4700 BLK@q ALABAMA 107X150 16050 SOUTH 1 I TH 3900 BLK(FROM FANNETT TO 40X406 16240 SOUTH EDMONDS) GRAND 1 100 @ 900 MILLER NW CORNER I00X 163 16300 SOUTH 1RVING 2000 BLK @ LINCOLN 710 165X115 17031 SOUTH SPARKS 4200 BLK Ca)E IRBY SE CORNER 115X151 17365 SOUTH CAMPUS 905 RIGHT OF 125X 139 17375 SOUTH VIRGINIA W 3000 BLK(ROW FROM 4TH TO 26X685 17810 SOUTH BOOKER) WAVERLY 3495 RIGHT OF TO ST JAMES 18000 SOUTH (ESTELLE ROW) ORLEANS 967 RIGHT OF TO RR TRACKS 135X 135 18225 SOUTH NF,CHF.S 1300 BLOCK(120'FROM 1 1 1X165 18315 SOUTH EMMETT)ODD/EAST SIDE NECHES 2435-37 LEFT OF 1 13X165 18645 SOUTH NECHES 1300 BLK(47'FROM EMMETT) 178X105 18690 SOUTH EVEN/WEST SIDE LAUREL LEFT OF 3650(north to area Parks 18961 SOUTH maintauis on Phelan) AVENUE A 2375 2ND RIGHT OF @ 115XI65 18975 SOUTH BOLIVAR HOUSTON 3975 2ND LEFT OF @ HEBERT 115X 165 18975 SOUTH PARK 2420 RIGHT OF Ca BOLIVAR 115X165 18975 SOUTH SOUTH 2100 BLK @ 5TH ST NW CORNER 115X165 18975 SOUTH LELA 1800(c BOB SW CORNER 100X191 19100 SOUTH BEECH 1200 @ 1400 CENTER SE CORNER 95X205 19475 SOUTH PENNSYLVANIA 1890 RIGHT&2ND RIGHT 120X165 19800 SOUTH OF THREADNEEDLE E 205 RIGHT OF 125X 175 21875 SOUTH CTY_ABD • 6TH 2700 BLK(ACROSS FROM 3110 180X125 22500 SOUTH PRAIRIE) MAGNOLIA 2400 BLK`a,LTVEOAK NW 165X165 23000 SOUTH CORNER BRANDON 4078 RIGHT OF(i)NOLAN 165X155 25575 SOUTH GOIJAD 3600 BLK(ii MOSS SW CORNER 165X165 27225 SOUTH LONG 1 100 BLK(NORTH SIDE)EAST 50' 175X165 28875 SOUTH FROM CENTER MLK 400 BLOCK(even side)FROM 102X315 32130 SOUTH CROCKETT TO BOWIE DOTY 9235 RIGHT OF TO SHELBY 215X155 33325 SOUTH 23RD STREET DEAD END(OFF OF 39386 SOUTH BROADMOOR) 174 f aIs�n Seth 5tvn Wh TotN1;Sq Ft,, 1,955 4551 r ` COLLEGE 3095 RIGHT OF 60X833 49980 SOUTH TH 10 S 210 RIGHT OF(W CEDAR ROW/CUT 50X1159 57950 SOUTH TO BAYOU) MLK 660 RIGHT OF 200X300 60000 SOUTH CROCKETT(d,NECHES NW (especially 65250 SOUTH behind 600 Crockett) EUCLID 3279 LEFT OF TO 3900 BLK 67710 SOUTH FANNETT(DELORES ROW) CARDINAL 2920 RIGHT OF(thru to dead end 68180 SOUTH of Pradice) CEDAR STREET (AREA AROUND AM 75750 SOUTH TRAK STATION) 444,& T6 { r t 2 6X �377�T& ' (f i 4} S } f b r 3 CTY_ABD RESOLUTION NO. WHEREAS, bids were solicited for a one (1) year contract with annual renewal options not to exceed two (2) renewals that do not have cost increases for mowing developed vacant city-owned properties and abandoned properties; and, WHEREAS, Garden of Gethsemane Nursery and Landscaping, LLC,of Beaumont, Texas, submitted a bid for an estimated amount of$101,138 for the unit amounts shown on Exhibit "A" for the Section Two South properties listed in Exhibit "B,"attached hereto; and, WHEREAS, Bulldog Excavating, Inc., of Vidor, Texas, submitted a bid for an estimated amount of $83,500 for the unit amounts shown on Exhibit "A" for the Section One North properties listed in Exhibit "B," attached hereto; and, WHEREAS, City Council is of the opinion that the bids submitted by Garden of Gethsemane Nursery and Landscaping, LLC,of Beaumont,Texas and Bulldog Excavating, Inc., of Vidor, Texas, should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, That the bids submitted by Garden of Gethsemane Nursery and Landscaping, LLC, of Beaumont, Texas, in the estimated amount of$101,138 for Section Two South and by Bulldog Excavating, Inc., of Vidor, Texas, in the estimated amount of$83,500 for Section One North for a one (1) year contract with annual renewal options not to exceed two (2) renewals that do not have cost increases for mowing developed vacant city-owned and abandoned properties in the unit amounts shown on Exhibit"A"and for the properties listed in Exhibit "B" be accepted by the City of Beaumont. THAT the City Manager be and he is hereby authorized to execute contracts with Garden of Gethsemane Nursery and Landscaping, LLC, of Beaumont,Texas, and Bulldog Excavating, Inc., of Vidor, Texas, for the purposes described herein. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 8th day of January, 2013. - Mayor Becky Ames - I� BEAU 1 REFERENCE CITY OF BEAUMONT,BEAUMONT,TEXAS FOR ESTIMATING ACTUAL COST PER SECTION r-sz Estimated Annual Cost Per Section For Annual Contract For Mowing Developed and Vacant City- Bid Name: Owned and Abandoned Property Bid Number: TF1013-02 Bid Opening: Thursday,December 6,20112at 2:OOP.M. Contact Person: Terry Welch Buyer II twelchAd.beaumont.tx.us Phone:409-880-3107 Scraps 8 Metals" Scraps&Metals` Garden of Gethsemane Nursery Bulldog Excavating Inc. Vendor: and Landscaping,LLC City/State: Beaumont,Tx Beaumont,Tx Beaumont,Tx 77701 Vidor,Tx 77662 Contact: Derrick Bradley Derrick Bradley Timothy Gregory Wayne Armstrong Fax: dhgighi@nhoo.com dboi2hiQyjhoo.com 409.833-7980 409-681-9248 CHOSEN SECTION North, Section 1 South, Section 2 South, Section 2 North, Section 1 Amount Cut Amount Cut Amount Cut Amount Cut every six Bid Unit Cost every six Bid Unit Cost every six Bid Unit Cost every six Bid Unit Cost Q weeks weeks weeks weeks F— Price for property- less than 6,500 sq.ft. m Minimum Bid 32 lots $61/Cutting 67 Lots $61/Cutting 67 Lots $541 Cutting 32 lots $681 Cutting X Price for property-6,500 sq.ft.or greater up 1,608,094 1,955,455 1,955,455 1,608,094 ul to one acre sq ft $0.005/sq.ft. sq ft $0.005/sq.ft. sq ft $0.00631 sq.ft. sq ft $.0075/sq.ft. Price for property-one 0)acre or greater No parcels at $75/acre 7 Parcels total $75/acre 7 Parcels total $901 acre No parcels at this time this time $175 J acre Estimated Total Annual Cost Per Section. Calculated with current list of properties with $59,954.82 $87,722.81 $101,138.21 $83,500.24 6 cuts per year. Total Estimated Annual Cost For All Sections Awarded $184,638.45 As shown highlited above,the two lowest qualified Bidders are Garden of Gethsemane Nursery and Landscaping, LLC, And Bulldog Excavating, Inc. *Denotes vendor that did not meet specifications. 4 January 8,2013 Consider a resolution approving the purchase of sodium hydroxide for use by the Water Utilities Department RICH WITH OPPORTUNITY IIEAUMON* T - E - x - A • S City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Laura Clark, Chief Financial Officer MEETING DATE: January 8, 2013 REQUESTED ACTION: Council consider a resolution approving the purchase of sodium hydroxide from Altivia, Inc., of Houston in the amount of$259,000 for use by the Water Utilities Department. BACKGROUND Sodium hydroxide is used to purify the City's water supply. The Water Utilities Department expects to purchase approximately five-hundred(500) dry tons of this material during the term of the contract. Formal bids were requested from eight(8)vendors for a six (6)month contract to supply sodium hydroxide. Four(4)bids were received. Low bid of$259,000 was submitted by Altivia, Inc., of Houston. This represents an approximate nine percent(9%) decrease from the last contract price. Altivia, Inc., currently holds this contract. FUNDING SOURCE Water Utilities Fund. RECOMMENDATION Approval of resolution. •INX WIt■0)►ORTONITT C"of emmmd Toasts BEAUMBN* Purchasing DIWNon Bid Tabrdstion 4 • • • Y • ♦ • • Bid Name: Sou M Month mdrad for Sodlwn Hydroxkle(Caustic Sort) Bid Number. BF111346 Bid Opening: may,December 27,2012 Contad Person: Robert J.Holler,Buyer II Phone 409-880758 Global Verm" All" Amdtem 0XI InClustries KA Steel Chern city/so" Howlon Longview Houston Chicago Phone or Fax No. mlllw4m (8W)23"138 281 457 1848 830 257-3900 rmM DESC QTY T) ft%n ad Unit Prins Extended Price Unit Price Extended Price Unit Pries Extended Price giTUPWRIBID Sodium dmxids I - �� $W.001 $5W.001 sm.5m.00 $1 .001 5=,5W.j WKIRIVAC ormoss NO RESPONSE: UNIVAR,GEO SPECIALTY,FSTi,Souther Ionics,Chemtex RESOLUTION NO. WHEREAS, bids were solicited for a six (6) month contract for the purchase of Sodium Hydroxide for use by the Water Utilities Department; and, WHEREAS, Altivia, Inc, of Houston, Texas, submitted a bid for an estimated total expenditure of$259,000 in the unit amounts shown below: VENDOR UNIT PRICE PER ESTIMATED COST DRY TON 500 DRY TONS Altivia, Inc. $518.00 $259,000.00 Houston, TX and, WHEREAS, City Council is of the opinion that the bid submitted by Altivia, Inc., of Houston, Texas, should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT the bid submitted by Altivia, Inc., of Houston, Texas,for a six(6) month contract for the purchase of Sodium Hydroxide in the unit prices shown above for an estimated total expenditure of$259,000 be accepted by the City of Beaumont; and, BE IT FURTHER RESOLVED THAT the City Manager be and he is hereby authorized to execute a contract with Altivia, Inc. for the purposes described herein. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 8th day of January, 2013. - Mayor Becky Ames - 5 January 8,2013 Consider a resolution approving the purchase of two truck-mounted sewer cleaners and two chassis for use by the Water Department RICH WITH OPPORTUNITY BEAUMON* T • IC • X • A • s City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager cc,,� PREPARED BY: Laura Clark, Chief Financial Officer t-> MEETING DATE: January 8, 2013 REQUESTED ACTION: Council consider a resolution approving the purchase of two(2)truck-mounted sewer cleaners from Texas Underground, Inc., of Houston in the amount of$113,170 and two chassis from Rush Truck Center of Texas,L.P., of Houston in the amount of$97,216 for use by the Water Department. BACKGROUND The new sewer cleaners consist of a 700 gallon truck-mourned tank with high pressure water pump. The truck-mounted units are sent to sewer line stoppages to flush the lines and to make sure that the main is cleared. The new equipment will replace units 3318 and 3319 which are no longer cost-effective to maintain due to age and condition. The old units will be disposed of according to the City's surplus equipment disposal policies. Pricing for the vehicles was obtained through the Houston-Galveston Area Council (H-GAC)a cooperative purchasing association providing cities and political subdivisions with the means to purchase specialized equipment at volume pricing. H-GAC complies with State of Texas procurement statutes. The cost of each cleaner tank is$56,585 for a total of$113,170. Two Isuzu cab chassis will be purchased for$48,608 each or a total of$97,216. Standard warranties of two(2)years are provided for the chassis, pump and motor. A ten(10) year warranty is provided for the water tank. Warranty service is available from the dealers. Delivery is expected within one hundred twenty(120)to one hundred fifty(150)days. FUNDING SOURCE Water Utilities Fund. RECOMMENDATION Approval of the resolution. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be, and he is hereby, authorized to approve the purchase of two (2) sewer cleaners from Texas Underground, Inc., of Houston, Texas, in the amount of $113,170 and two (2) cab chassis from Rush Truck Center of Texas, L.P., of Houston, Texas, in the amount of$97,216 through the Houston-Galveston Area Council (H-GAC) Cooperative Purchasing Program for use by the Water Utilities Department. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 8th day of January, 2013. - Mayor Becky Ames - 6 January 8,2013 Consider a resolution approving the purchase of polyethylene pipe for use by the Water Utilities Department RICH WITH OPPORTUNITY IIEAUMON* T • E • x • A • S City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Laura Clark, Chief Financial Officer MEETING DATE: January 8, 2013 REQUESTED ACTION: Council consider a resolution approving the purchase of High Density Polyethylene Pipe (HDPE) from Coburn Supply, Inc., of Beaumont, in the amount of$185,200 for use by the Water Utilities Department. BACKGROUND Bids were requested for the purchase of 40,000 feet of 8 inch HDPE pipe for use by the Water Utilities Department in the Sewer Rehabilitation Program. Seven(7)vendors were notified, and seven(7)bids were received. Low bid of$180,800 ($4.52/ft) was received from ISCO Industries, Inc., of Louisville, Kentucky. Coburn Supply, Inc., of Beaumont submitted a bid of$185,200 ($4.63/ft). Coburn Supply, Inc., satisfactorily applied, and is approved for consideration under the local vendor preference policy and is within five percent(5%) of the lowest bidder. Use of local vendor preference will result in an increased cost to the City of$4,400. FUNDING SOURCE Water Utilities Fund. RECOMMENDATION Approval of resolution. i uca wire oproarcrirT CITY OF BEAU ONT-PURCHASING DIVISION KNOW .1.Ho ar-Buyer II T • a - x - A - 8 409-880-3758 rtrogareci.baaumontAx.us BID TABULATION: Purchase of Approximately 40,000 Feet of 8 Inch HOPE Pipe BID No. BF1113-05 OPENING DATE: Thursday, December 27,2012 Fe n or HD Supply ajes e,inc ACT Ci State Beaumont Houston Highlands TX (ten► 409 866-1899 713 688-2728 (262)255-3030 r erence NO] SUBMITTED nv. Submission 4.46 Vendor Texas Irrigation Sup y Industry Secore, inc i State Rond Rock Louisville Houston Item 210 323-8906 (800)345-4726 972 228-9239 Local Preference(5%) NOT SUBMITTED NOT SUBMITTED NOT SUBMITTED Price Increase Due to Local Preference: S 4,400.00 III RESOLUTION NO. WHEREAS, bids were solicited for 40,000 feet of 8-inch high density polyethylene pipe (HDPE) for use by the Water Utilities Department; and, WHEREAS, Coburn Supply, Inc.,of Beaumont,Texas,submitted a bid for$4.63 per foot for a total amount of$185,200; and, WHEREAS, City Council is of the opinion that the bid submitted by Coburn Supply, Inc., of Beaumont, Texas, provided the best value for the City and should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT the bid submitted by Coburn Supply, Inc., of Beaumont, Texas, for the purchase of 40,000 feet of 8-inch high density polyethylene pipe for use by the Water Utilities Department, being $4.63 per foot for a total amount of$185,200, be accepted by the City of Beaumont. THAT the City Manager be and he is hereby authorized to execute a contract with Coburn Supply, Inc., of Beaumont, Texas, for the purposes described herein. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 8th day of January, 2013. - Mayor Becky Ames - 7 January 8,2013 Consider a resolution approving the purchase of five reconditioned solar powered mixers for use at the Wastewater Treatment Plant RICH WITH OPPORTUNITY 11EAUMON* T • E • X • A • S City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Dr. Hani J. Tohme, P.E., Water Utilities Director MEETING DATE: January 8, 2013 REQUESTED ACTION: Council consider a resolution approving the purchase of five (5) reconditioned solar powered mixers from SolarBee of Dickinson,North Dakota in the amount of$175,000. BACKGROUND The State issued discharge permit for 46 million gallons a day requires the treated wastewater to contain a 2 mg/liter dissolved oxygen concentration prior to discharging it in the manmade wetlands for final polishing. Currently, oxygen is injected into the treated wastewater using a network of electrical aerators installed in the ponds. The installation of the proposed solar powered mixers will be the last step toward replacing the existing 20 electrically driven aerators whose purpose can be accomplished with the proposed purchase. In addition to providing the required oxygen concentration, the SolarBee mixers will reduce the energy consumption, minimize maintenance needs, and enhance ammonia reduction. Original pricing was obtained in the bidding of the Wastewater Treatment Plant Holding Pond Project and Dredging of Ponds 1 and 2 Project that was awarded to Brystar Contracting, Inc. in March 2012. The bid tabulation included an Additive Bid Item for purchasing 12 solar mixers. However,the Additive Bid Item was not awarded with the project because the cost was $60,500 per unit. On October 30, 2012, City Council approved the purchase of six similar units with a 5-year warranty and Service Program at a total cost of$250,000. The price for the proposed purchase of five (5)reconditioned sole source SolarBee model SB10000 v18R solar powered mixers including a 5-year warranty and Service Program is $175,000. The purchase price includes equipment, delivery, installation, and startup. The 5-year Service Program includes maintenance, labor and parts in case of failures and software/hardware upgrades as they become available. FUNDING SOURCE Capital Program. RECOMMENDATION Approval of resolution. RICH WITH OPPORTUNITY BEAUMON* T - ' z - X - A 9 S City of Beaumont December 18, 2012 Mr. Bert IHibl SolarBee, Inc. 3225 Highway 22 Dickinson,ND 58601 re: Notice of Intent to Purchase We are in receipt of your quote ofDecember 17, 2012 in the total amount of$175,000 for purchase of five(5)additional SoloSee SB10000vI8R.solar powered mixers; including delivery, installation startup and 5 years service. Upon approval by City Council,it is our rent to purchase this equipment based on your quote. Under Texas law any purchases in excess of$50,000 must be approved by City Council prior to execution of a Purchase Order. The earliest date we anticipate being able to take this to Council is January 8, 2013. If approved at that.time,we will proceed with issuing the appropriate purchase order. If you have any questions or concerns, please do not hesitate to contact me. Sinc ly, )w 10�oaa4 Patrick ardwell Purchasing Manager PB:rh Punchmmg Division/Fmmw D • (409)880-3720 • Fax(409)880-3747 jpll"iCal 1!_CL•__ •dd____. A!1 I.— t.44 ',t ` -ti` ° °,;d BeI Re }on� �l�na er ® �� t r,�' �� $1, i � 5� '�f dz„a� c �¢akknlr r Circulating the World's Water <; ;�� Q � t n��vp�x}n�t� a � (�� ■�y��.� das� xzn f R, n Proposal for: b �s a�� ..r re^A�••�' �'�`,NV� ��R ':lY d i ak 5.:y�*t��. �`+3r C � � q °t �.1F� e .�°r,.� �// R (I�`pS`ia Y � �: 7., - U u Photo of Beaumont WWTP provided by Google Earth 1.1 Facility Name: Beaumont Wastewater Treatment Plant-Lagoon 3 Purchase Description Cost Total Five(5)additional SolarBee model SB 10000 v18R solar-powered mixers with Included standard length intake hoses Delivery, installation and startup: included 5 years of Beekeeper Service for above 5 machines included Total Investment(excluding taxes): $175,000 SB10000 MR: (Upgraded reconditioned machines, limited quantities available) 10,000 gpm(14.4 MGD)total flow leaving the machine,the same as SB10000 v18 machines. These reconditioned machines are upgraded with new components of the vl8 technology,including the 25-year life high-efficiency brushless electric motor designed to provide day and night operation with a solar-charged battery power system, digital control system for intelligent power management with factory programmed reverse functions and anti jam routines specific to this application, SCADA outputs, three(3) 80-watt solar panels, 36"diameter intake hose,anchoring system and bird deterrent. See Appendix D - SolarBee Limited Replacement Warranty for information on the most extensive warranty in the industry. SolarBee, Inc. sends a factory trained Delivery&Field Services Team with specialized equipment to deliver, assemble,place, and start up your SolarBee machine(s). A training session on operation and maintenance is also provided for your personnel. Each Team member undergoes training such as Fall Protection, Confined Space Entry, Working Over Water, and Water Quality Testing. Purchase of the SolarBee circulation equipment in this quotation is an "Equipment Purchase," not a "Construction Project": SolarBee circulation equipment is portable, and can be easily relocated or removed entirely from the premises at any time. They do not become an integral part of any building or other structure, and never become part of"real estate". Therefore,to purchase SolarBee circulation equipment, the city or other organization purchasing SolarBees should use the same procedure as for purchasing other portable equipment,such as a forklift, a drill press, or an office desk. SolarBee reserves the right not to accept an order if the purchase is incorrectly characterized as a "construction" project. SolarBee, Inc. has not found any state or other jurisdiction where construction or contractor statutes apply to portable equipment that is sold by a factory, with on-site final assembly and startup performed by factory personnel. Assumptions: This quotation may be based on worksheets and calculations that have been provided to the customer, either previously or else attached to this quotation. The customer should bring to our attention any discrepancies in data used for these calculations. Quotation Validity Term: This quotation replaces all prior quotations for this project. It is valid until replaced by a subsequent quotation, or until 12/21/2012, whichever occurs first. Payment Terms: For governmental entities, and for homeowners associations that have pre-approved credit,payment is due 30 days after invoice date, and invoicing occurs when the goods leave the factory. For private individuals,payment is due by credit card or cashier's check before the goods leave the factory. Currency: All prices shown are in U.S. Dollars, and all payments made must be in U.S.Dollars. Add for Taxes,Governmental Fees,and Special Insurance Requirements: Except as indicated above,no taxes,tariffs or other governmental fees are included in the quote shown above,nor are there any costs added for special insurance coverage the customer may require. It is the customer's responsibility to pay all local, state, and federal taxes, including, sales and use taxes,business privilege taxes,and fees of all types relating to this sale,whether they are imposed on either SolarBee,Inc. or the customer, or whether these taxes and fees are learned about after the customer orders the equipment. The customer's purchase order should indicate any taxes or fees due on equipment and/or services, and whether the customer will pay them directly to the governing body or include the tax payment with the purchase and SolarBee,Inc. will submit them to the governing body. Regarding insurance, SolarBee,Inc. maintains adequate liability and workman's compensation insurance to generally comply with its requirements for doing business in all fifty U.S. states, and will provide at no charge certificates of insurance when requested. However, if additional insurance or endorsements beyond the company's standard policy are required by the customer,then the costs of those additional provisions and/or endorsements will be invoiced to the customer after the costs become known. Maintenance and Safety: The customer agrees to follow proper maintenance instructions regarding the equipment as contained in the safety manual that accompanies the equipment or sent to the customer's address. It is the customer's responsibility to make sure that the circulators are used in a manner that keeps the ponds safe for people that may access them. Government Regulatory Compliance: In all reservoir/tank systems the customer must comply with all applicable governmental regulations. It is the customer's sole responsibility to inquire about governmental regulations and ensure that SolarBees are deployed and maintained so as to remain in compliance with these regulations and guidelines, and to hold SolarBee,Inc. harmless from any liability caused by non-compliance with these regulations and guidelines. SolarBee Limited Replacement Warranty: All new and factory-refurbished SolarBee equipment is warranted to be free of defective parts,materials, and workmanship for a period of 2 years from the date of installation. In addition,the SolarBee solar-powered brushless motor is warranted for a period of 10 years from the date of installation. Photovoltaic modules(solar panels) carry manufacturer warranties, some ranging up to 25 years (see manufacturer's warranty for details). This warranty is valid only for SolarBee equipment used in accordance with the owner's manual,and consistent with any initial and ongoing factory recommendations. This warranty is limited to the repair or replacement of defective components, at SolarBee's discretion. The first 2 years of warranty include parts and onsite labor if SolarBee delivery and installation was purchased. Parts and inn-factory service are included if the equipment was self-installed. In lieu of sending a factory service crew to the site for minor repairs, SolarBee, Inc. may choose to send the replacement parts to the owner postage-paid and, in some cases,may pay the owner a reasonable labor allowance to install the parts. Except as stated above, SolarBee and its affiliates expressly disclaim any and all express or implied conditions, representations and warranties on products furnished hereunder, including without limitation all implied warranties of merchantability or fitness for a particular purpose. Please consult your state law regarding this warranty as certain states may have legal provisions affecting the scope of this warranty. Limitation of Liability: Many of the employees at SolarBee have extensive scientific and practical knowledge relating to solving water quality problems. From time to time,they may offer solicited or unsolicited advice, ideas,judgment or opinions on how to deal with certain situations,none of which offers a guarantee of future events or outcomes. Due to the many factors, complexity and uncertainty involved in solving water problems, you agree to release SolarBee, Inc., its affiliates, employees or agents, from any and all claims, liabilities, costs and expenses related to or arising out of any services,products or advice furnished to you by SolarBee,Inc., its affiliates, employees or agents, except to the extent that any claim, liability or expense results from intentional misconduct as determined in a final judgment by a court of competent jurisdiction. In no event will SolarBee, Inc. or its affiliates be liable for any damages caused by failure of buyer to perform buyer's responsibilities or for following SolarBee advice. In no event will SolarBee or its affiliates be liable for any lost profits or use or other punitive, special, exemplary, consequential, incidental or indirect damages,however caused, on any theory of liability,whether or not SolarBee has been advised of such damages, or reasonably could have foreseen the possibility of such damages,or for any claim against buyer by another party. Method of acceptance of this quotation: To accept this quotation,please issue a purchase order to SolarBee, Inc., 3225 Hwy. 22, Dickinson,ND 58601. The purchase order can be mailed, or it can be faxed to 701-225-0002 at the home office. The purchase order should refer to the date of this quotation, and will be assumed to include this entire quotation by reference. If purchase orders are not utilized,please sign and date the last page of this proposal,provide billing information, and either fax to 701-225-0002 or email to Orderprocessing @SolarBee.com. Signing below acknowledges acceptance of this proposal. Signature Date Printed Name Title RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Council hereby approves the purchase of five (5) reconditioned solar powered mixers from SolarBee, of Dickinson, North Dakota,the sole source manufacturer of SolarBee model SB10000 v1 8R solar powered mixers, in the amount of $175,000 for use by the Water Utilities Department. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 8th day of January, 2013. - Mayor Becky Ames - 8 January 8,2013 Consider a resolution authorizing the City Manager to approve Change Order No. 5 to the contract with Simco Enterprises, Ltd., related to the MLK King Jr. Parkway Waterline Extension Proj ect RICH WITH OPPORTUNITY IIEAUMON* T • E • X • A - S City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Dr. Hani Tohme, P.E., Director of Water Utilities MEETING DATE: January 8, 2013 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to approve Change Order No. 5 to the contract with Simco Enterprises, Ltd., related to the MLK King Jr. Parkway Waterline Extension Project. BACKGROUND The City Council approved a contract with Simco Enterprises, Ltd., on September 28, 2010, in the amount of$483,712.00. The contract was to install a new 12"water line and related appurtenances along ML King Jr. Parkway to loop the water system to provide a more reliable second water source to the prisons. The project will also repair a water leak on a 16"water line on West Port Arthur Road. The proposed change order will decrease the contract amount by$71,610.00. The proposed changes are to deduct two (2) 12"MJ 90°bends, deduct one (1) 6"MJ 22 1/2' bend,deduct one (1) 12"x 6"MJ reducer, deduct one (1) 12"cap, deduct one (1) air release valve, deduct the furnishing and installation of one (1) fire hydrant assembly, deduct one (1)removal of an existing fire hydrant assembly, deduct 1 LF of 8" Class 150 C-900 PVC water line by open trench, deduct 55 LF of 6" Class 150 C-900 PVC water line by open trench, deduct one (1) 12" resilient wedge gate valve and valve box, deduct 4700 LF of trench safety system; deduct 8 square yards of concrete pavement replacement; and deduct 4530 LF of abatement of existing Transite water line. Also included is the addition of 98 LF of 12" Class 150 DR-18 C-900 water line by open trench or directional drill methods, and the addition of one (1) 6"resilient wedge gate valve. MLK King Jr. Parkway Waterline Extension Project January 8, 2013 Page 2 of 2 Previous actions include: Resolution 10-252 in the amount of$483,712.00 was approved September 28, 2010. Change Order No. 1 in the amount of$51,191.06 was approved February 1, 2011. Change Order No. 2 in the amount of-$5,299.52 was executed May 31, 2011. Change Order No. 3 in the amount of$20,964.00 was approved August 16, 2011. Change Order No. 4 in the amount of-$6,123.20 was executed on March 15, 2012. FUNDING SOURCE Capital Program. RECOMMENDATION Approval of Resolution. APPROVAL OF CONTRACT CHANGE CHANGE ORDER No.FIVE DATE:December 5,2012 PROJECT: City of Beaumont,Texas ML King Jr.Parkway Waterline Extension OWNER: City of Beaumont,Texas 801 Main Street Beaumont,Texas 77704 CONTRACTOR: Simco,Ltd. 3101 Main Avenue Groves,Texas 77619 TO THE OWNER: Approval of the following contract change is requested. Reason for Change: Final reconciliation change order to adjust for quantities resulting from approved field changes and actual construction. ORIGINAL CONTRACT AMOUNT: $ 483,712.00 CHANGE ORDER NO.1: $ 51,191.06 CHANGE ORDER NO.2: $ (5,299.52) CHANGE ORDER NO.3: $ 20,964.00 CHANGE ORDER NO.4: $ (6,123.20) THIS CHANGE ORDER Description Unit Add Subtra Net Change REMOVE 1.ITEM 2:Furnish&install 12"MJ 90e Bend($500.00/EA) EA -2 (51,000.00) 2.ITEM 10:Furnish&Install 6"MJ 22 120 Bend($200.00/EA) EA -1 ($200.00) 3.ITEM 12:Furnish&Install 12"x 6"MJ Reducer($300.00/EA) EA -1 ($300.00) 4.ITEM 13:Furnish&Install 12"Cap($300.00/EA) EA -1 ($300.00) 5.ITEM 14:Furnish&Install Air Release Valve($2,200.00/EA) EA -1 ($2,200.00) 6.ITEM 15:Furnish&Install Fire Hydrant Assembly($3,500.00/EA) EA -1 ($3,500.00) 7.ITEM 16:Remove Existing Fire Hydrant Assembly($200.00/EA) EA -1 ($200.00) 8.ITEM 17:Furnish&Install 8"Class 150-C900 PVC water line by open trench($50.00/LF) LF -1 ($50.00) ($50.00/LF) 9.ITEM 18:Furnish&Install 6"Class 150-C900 PVC water line by open trench($50.00/LF) LF -55 ($2,750.00) ($50.00/LF) 10.ITEM 23:Furnish&Install 12"Resilient Wedge Gate Valve&Valve Box($1,800.00/EA) EA -1 ($1,800.00) ($1,800.00/EA) 11.ITEM 28:Trench Safety System,trench saftety protection for all excavations over 5'deep, LF -4700 ($4,700.00) 5'deep,designed,furnished and installed($1.00/LF) 12.ITEM 32:Concrete Pavement Replacement($55.00/SY) SY -8 ($440.00) 13.ITEM 33:Abatement of Existing Transite water line($13.00/LF) LF -4530 ($58,890.00) ADD 1.ITEM 19:Furnish&Install 12"Class 150,DR 18-C900 PVC water line by open trench or LF 98 $3,920.00 trench or directional drill(restrained joint)methods($40.00/LF) 8.ITEM 21:Furnish&Install 6"Resilient Wedge Gate Valve&Valve Box($800.00/EA) EA 1 $800.00 ($800.00/EA) TOTAL AMOUNT OF THIS CHANGE ORDER ($71.610.00) TOTAL REVISED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER: S 472,834.34 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: Schadmburg&Pok Inc. City of Beaumont Simco,Ltd. Bngineer Owner Contractor Date: �i't--S/Z Date: Date: ��5"\,4, r nrmircs rmx wm.n�rcuaxco�m,Kno"'cn.�_ara�_I+o._s�e�".q RESOLUTION NO. WHEREAS, on September 28, 2010,the City Council of the City of Beaumont, Texas, passed Resolution No. 10-252 awarding a contract in the amount of$483,712.00 to Simco Enterprises, Ltd., of Groves, Texas, for the M.L. King, Jr. Parkway Waterline Extension Project; and, WHEREAS, Change Order No. 1 in the amount of$51,191.06 was required to provide additional work in order to repair a water leak on an existing 16"water main along Spur 93, thereby increasing the contract amount to $534,903.06; and, WHEREAS, Change Order No. 2 in the amount of($5,299.52)was required to provide additional work related to conditions encountered in the installation of 12"water main along E. Frontage Road, thereby decreasing the contract amount to $529,603.54; and, WHEREAS, Change Order No. 3 in the amount of$20,964.00 was required to provide additional work related to conditions encountered in the installation of12"water main along E. Frontage Road and Spur 380, thereby increasing the contract amount to $550,567.54; and, WHEREAS, Change Order No. 4 in the amount of ($6,123.20) was required to accommodate construction delays due to Union Pacific Railroad permitting and changes in waterline installation methods related to conditions encountered in the installation of 12" water main along E. Frontage Road (Ohio Street) and Spur 380 (MLK Parkway), thereby decreasing the contract amount to $544,444.34; and, WHEREAS, Change Order No. 5 in the amount of($71,610.00) is required to deduct two (2) 12" MJ 90° bends, deduct one (1) 6" MJ 22 1/2° bend, deduct one (1) 12" x 6" MJ reducer,deduct one(1) 12"cap,deduct one(1)air release valve,deduct the furnishing and installation of one (1) fire hydrant assembly, deduct one (1) removal of an existing fire hydrant assembly, deduct 1 LF of 8" Class 150 C-900 PVC water line by open trench, deduct 55 LF of 6" Class 150 C-900 PVC water line by open trench, deduct one (1) 12" resilient wedge gate valve and valve box, deduct 4700 LF of trench safety system; deduct 8 square yards of concrete pavement replacement; and deduct 4530 LF of abatement of existing Transite water line; also included is the addition of 98 LF of 12"Class 150 DR-18 C-900 water line by open trench or directional drill methods, and the addition of one (1) 6" resilient wedge gate valve., thereby decreasing the contract amount to $472,834.34; 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. 5 for adjustments described above, thereby decreasing the contract amount by ($71,610.00) for a total contract amount of$472,834.34. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 8th day of January, 2013. - Mayor Becky Ames - WORK SESSION * Review and discuss the lease agreement with Jehovah Jireh Village CDC, Inc. related to the L.L. Melton property Don't Ride in Someone Else's Boat... LWakonlftterflf ,lehovah,7ireh Village Community Devekpment Center, Inc. December 17, 2012 City of Beaumont Kyle Hayes, City Manager 801 Main Street Beaumont, Texas 77704 Dear Kyle Hayes: At present,Jehovah Jireh Village Community Development Center, Inc. is experiencing financial challenges with paying utility expenses and is considering terminating the current lease agreement.Jehovah Jireh Village does not want to terminate the lease agreement with the city so we are seeking other alteratives. With this in mind, we are asking for consideration of funds that would help to offset utility expenses at the L.L. Melton Family Life Center. Thank you-qjpry much for consideration regarding this matter. I appreciate the opportunity the city has afforded me to serve this community through the Melton. It is an esteemed honor. Should you need to contact me I am available via cell at 409/893-1159. May God bless and keep you is my earnest supplication. Y P Ld;o er in Community, � "Dr.J ph; dent Jeho Jireh Village Community Development Center, Inc. P.O.Box 20214 Beaumont,TX 77720 (409)659-5937 (409)842-5006-FAX ourfaithwalk @yahoo.com r L. L.MELTON LEASE AGREEMENT Date: June 8,2011 Lessor: City of Beaumont Lessor's Physical Address: 801 Main Street Beaumont, Texas 77701 Lessee: Jehovah Jireh Village CDC, Inc. Lessee's Mailing Address: P.O. Box 20214 Beaumont, Texas 77720 Landlord: The City of Beaumont,Texas Landlord's Mailing Address: P. O. Box 3827 Beaumont, Texas 77704 Leased Premises: Being a portion of the North one-half(N.Y.)of Block Nineteen(19)in the M.C. Cartwright Subdivision in the J.W.Bullock League of the City of Beaumont, Jefferson County,Texas,and described by metes and bounds as follows: BEGINNING at an iron pin in the West line of Block Nineteen(19)marking the division ofthe North one-half(N.%)and South one-half(S.'4 of Blodc Nineteen(19), said iron pin being the Southwest corner of the North one-half(N.'/2)and the Northwest comer of the South one-half(S.'/z); THENCE,North 0 008'30"East along the West lime of the North one-half(N.1/2)of Block Nineteen(19)a distance of two hundred ninety and sixty-five one hundredths feet(290.65)to a point for corner,said point being South fifteen feet (15')from the Northwest comer of said Block Nineteen(19); THENCE,East fifteen feet(15)from and parallel to the North line of said Block Nineteen(19)a distance of six hundred ninety-seven and five-tenths feet(697.5) to a point,said point being fifteen feet(151 from the East line of said Block Nineteen(19); THENCE,South 0 108'30"West fifteen feet(15')from and parallel to the east line of said Block Nineteen(19)a distance of two hundred ninety and sixty-five one hundredths feet(290.65D to a point for comer in the dividing line between the North one-half(N.'/2)and the South one-half(S. '/z)of Block Nineteen(19); THENCE,West along the dividing line between the North and South one-half(N. and S.'/2)of Block Nineteen(19)a distance of six hundred ninety-seven and five- tenths feet(6975)to the place of beginning, said tract containing four and sixty-five one hundredths(4.65)acres more or less. Page 1 I Lease Commencement Date: This Agreement will commence upon execution by Lessor and Lessee. Lease Term: The initial term of this lease is twenty-four(24)months, commencing on June 8,2011 and ending on June 7,2013. Lessee shall also be granted the option to renew this lease for an additional one(1)year term. Lessee shall provide Lessor with written notice of its intention to exercise the option to renew at least sixty(60) days prior to the ending date of the initial term. Lease Rent: One Thousand Five Hundred Dollars($1,500.00)per year. Permitted Lease Use: Recreational,education,social,and civic activities. 1. Lessee agrees to lease the Leased Premises for the Lease Term beginning on the Lease Commencement Date and ending on the Lease Termination Date. 2. Lessee acknowledges and agrees that the total rent under this Lease is the sum of One Thousand Five Hundred Dollars($1,500.00). Lessee agrees to pay Lessor said amount in twelve(12) monthly installments of One Hundred Twenty-Five Dollars($125.00)each,payable at the office of the Central Cashier,or her successors,located in City Hall,Beaumont,Texas,beginning upon execution of Lease Agreement and payable on or before the 5a`day of each month thereafter during the term of this Lease. All checks shall be made payable to"The City of Beaumont". Lessee shall not be held in default for nonpayment of rent unless and until Lessor gives Lessee ten(10)days notice in writing of said nonpayment. 3. The premises are leased to be used for the purpose of providing recreational,educational, social,and civic activities for the general public. Lessee agrees to restrict the use of the Leased Premises to such purposes,and not to use,or permit the use of the premises for any other purpose without first obtaining the consent in writing of the City Manager. Lessee further agrees that the facility will be open to the general public for recreational purposes during regular business hours as long as it does not unreasonably interfere with other organized activities. Lessee is permitted to charge a fee for special activities and events such as camps,sports leagues, daycare and facility+oom rental for organizational meetings. Fees charged for activities not specifically listed are subject to the prior approval of the City Manager of the City of Beaumont. 4. Lessee shall have no authority to incur any obligations on behalf of Lessor, and Lessor is not obligated to furnish Lessee any equipment or improvements beyond those agreed to by the parties. 5. All operations conducted or permitted by Lessee on the Leased Premises shall be in accord with all laws and ordinances. Lessee shall not create or allow any nuisance to exist on the premises, or use or allow the premises to be used for any unlawful purpose. 6. Neither the Leased Premises nor any improvements placed thereon shall be used as security for any debt without the prior written consent of the City Manager. 7. Lessee shall indemnify,save, and keep harmless Lessor from all liabilities, claims,judgments, damages, injuries, costs, and expenses that may in any manner come against Lessor in Page 2 consequence of or result from any operations that may be conducted or carried out on the Leased Premises. Lessee shall carry public liability,bodily injury insurance on the Lease Premises,the cost of said insurance policies to be bonne by Lessee. Said policies of insurance may be approved by Lessor and must be written on companies acceptable to Lessor. Said insurance policies shall name Lessor as an additional insured. Said policies,or duplicate originals thereof,must be filed with the City Clerk of the City of Beaumont. 8. Lessee accepts the Premises in its present"AS-IS,WHERE IS" condition and with all faults. By occupying the Premises,Lessee: (a) acknowledges that Lessee has had full opportunity to examine the Premises and is fully informed,independently of Lessor or any employee,agent,representative, shareholder, officer or director of Lessor,as to the character, construction and structure of the Premises; (b) acknowledges that neither Lessor nor any of Lessor's employees,agents, representatives, shareholders,officers or directors,has made any representations, warranties or promises with respect to the Premises,including without limitation any representation or warranty as to fitness thereof for any purpose;and (c) accepts the Premises in an "AS-IS,WHERE IS" condition. 9. Lessee must maintain the Premises in good condition. 10. Lessee agrees to be responsible for the following obligations of the Premises,utilities,personnel and any programs offered by Lessee. Lessor agrees to be responsible for grounds upkeep and maintenance,facility maintenance for such things as roof,HVAC system operation,major plumbing repairs and the structural integrity of the building. 11. Lessee will provide ongoing community groups who currently meet at the Premises the opportunity to continue to utilize the facility for community activities. 12. Lessee agrees: (a) not to alter the Leased Premises without the consent of Lessor or Landlord; (b) not to allow a lien to be placed on the Leased Premises; (c) nor assign this Lease or Lease any portion of the Leased Premises without first receiving consent of the Lessor. 13. Lessor agrees: (a) to lease the Leased Premises to Lessee for the Lease Term; (b) to maintain premises and improvements in a good state of repair, and (c) maintain property damage insurance on the Lease Premises. 14. TAXES: Unless otherwise agreed by the parties,Lessor will pay all real property ad valorem taxes assessed against the Leased Premises if any. Lessee shall be responsible for all taxes assessed against its personal property, if any. Page 3 15. UTILITIES: A. The party designated below will pay for the following utility charges to the Leased Premises and any connection charges for the utilities. (Check all that apply.) N/A City of Bmt. JJv (1) Water X (2) Sewer X (3) Electric X (4) Gas X (5) Telephone X (6) Trash X (7) Cable X (8) All other utilities X (9) Other(specify) B. The party responsible for the charges under Paragraph 15 will pay the charges directly to the utility service provider. The responsible party may select the utility service provider, except that if Lessee selects the provider,any access or alterations to the Property or Leased Premises necessary for the utilities may be made only with Lessor's prior consent,which Lessor will not unreasonably withhold. If Lessor incurs any liability for utility or connection charges for which Lessee is responsible to pay and Lessor pays such amount,Lessee will immediately upon written notice from Lessor reimburse Lessor such amount. 16. INSURANCE: A. During all times this lease is in effect,Lessee must,at Lessee's expense, maintain in full force and effect from an insurer authorized to operate in Texas: (1) public liability insurance in an amount not less than $1,000,000.00 on an occurrence basis naming Lessor as an additional inswed; and (2) personal property damage.insurance for Lessee's business operations and contents on the Leased Premises in an amount sufficient to replace such contents after a casualty loss. B. Before the Commencement Date,Lessee must provide Lessor with a copy of insurance certificates evidencing the required coverage. If the insurance coverage is renewed or changed in any manner or degree at any time this lease is in effect,Lessee must,not later than ten(10)days after the renewal or change,provide Lessor a copy of an insurance certificate evidencing the renewal or change. C. If Lessee fails to maintain the required insurance in full force and effect at all times this lease is in effect,Lessor may purchase insurance that will provide Lessor the same coverage as the required insurance and Lessee must immediately reimburse Lessor for such expense. D. Unless the parties agree otherwise,Lessor will maintain in full force and effect insurance for fire and extended coverage in an amount to coverthe reasonable replacement cost of the improvements of the Property. Page 4 t 17. MAINTENANCE AND REPAIRS: A. Cleaning: Lessee must keep the leased premises clean and sanitary and promptly dispose of all garbage in appropriate receptacles. B. Repairs of Conditions Caused by a Party: Each Party must promptly repair a condition in need of repair that is caused,either intentionally or negligently,by that party or that party's guests, invitees, contractors or permitted subtenants. C. Repair and Maintenance Responsibility: Except as otherwise provided,the party designated below,at its expense,is responsible to maintain and repair the following specified items in the leased premises(if any). The specified items must be in clean and good operable condition. If a governmental regulation or order requires a modification to any of the specified items,the party designated to maintain the item must complete and pay the expense of the modification. The specified items include and relate only to real property in the Leased Premises. Lessee is responsible for the repair and maintenance of its personal property. (Check all that apply.) N/A City JJV (Lessor) (Lessee) (1) Foundation,exterior walls,roof,and X other structural components (2) Glass and windows X (3) Fire protection equipment and X fire sprinkler systems Exterior&overhead doors,including (4) closure devises,molding,locks,and X hardware (5) Grounds maintenance,including X landscaping and irrigation systems Interior doors,including closure (6) devices,frames,molding,locks,and X hardware (7) Parking areas and walks X Plumbing systems,drainage systems, (8) electrical systems,and mechanical X systems,except systems or items specifically designated otherwise (9) Ballast and Lamp replacement X (10) Heating,Ventilation and X Air Conditioning(HVAC)Systems Signs and Lighting: a) Pylon X (11) b) Facia x c) Monument X d) Door/Suite X (13) Fences and Gates K (14) Storage yards and storage buildings X (15) Wood-destroying insect treatment x and repairs Page 5 (16) Cranes aria ,fated systems X (17) All other items and systems X (18) Other(specify) (19) Other(specify) D. RMair Persons: Repairs must be completed by trained,qualified,and insured repair persons. E. Notice of Repairs: Lessee must promptly notify Lessor of any item that is in need of repair and that is Lessor's responsibility to repair. All requests for repairs to Lessor must be in writing. F. Failure to Repair: Lessor must make a repair for which Lessor is responsible within a reasonable period of time after Lessee provides Lessor written notice of the needed repair. If Lessee fails to repair or maintain an item for which Lessee is responsible within ten(10) days after Lessor provides Lessee written notice of the needed repair or maintenance,Lessor may repair or maintain the item,without liability for any damage or loss to Lessor,and Lessee must immediately reimburse Lessor for the cost to repair or maintain. 18. Lessor's remedies for Lessee's default are to terminate this Lease by written notice. 19. Default by Lessor is failing to comply with any provision of this Lease within thirty days(3 0) after written notice unless there is some circumstance beyond the control of the Lessor preventing compliance within thirty(30)days after notice. 20. This Lease constitutes the sole and entire agreement of the parties with respect to the subject matter hereof and supersedes any prior understandings or written or oral agreement between the parties, respecting such subject matter. 21. The individual executing this Lease on behalf of Lessee represents aad warrants to Lessor that Lessee has full right and authority to enter into this Lease and performance obligations hereunder. 22. The personal property and contents of the Premises will remain the sole property of Lessor. Lessee may use the property with the permission of Lessor. At the end of the Lease Agreement the personal property will remain the property of Lessor unless other arrangements are made. 23. All notices between the Lessee and Lessor are to be sent by certified orregistered mail, return receipt requested,to the following addresses: LESSOR: LESSEE: Attn: City Manager City of Beaumont Jehovah Jireh Village CDC,Inc. P.O.Box 3827 P.O.Box 20214 Beaumont,Texas 77704 Beaumont,Texas 77720 24. Any disputes concerning this Lease Agreement will be governed by the laws of the State of Texas and venue for those disputes shall be in Jefferson County,Texas. 25. Either Lessor or Lessee may terminate this Agreement upon sixty(60)days written notice to the other party- Page 6 26. By the execution of this Lease,Lessee does not intend to assume any obligations or responsibilities of the$1,000,000 Section 108 Loan Agreement dated December 27,2001,and secured by a Loan Agreement,Security Agreement,Promissory Note and Deed of Trust,all dated March 21,2003. SIGNED: LESSOR: LESSEE: City of Beaumont Jehovah Jireh Village CDC,Inc. L &L 'Kyle Hayes Felicia City_Manager Executive Director Title Title Date Date Page 7