HomeMy WebLinkAboutPACKET OCT 29 2013 HIGH wlrtt OPPO trt NI I I
BEA,
E T * 0 X 9 A_.._IIMON*
G S
REGULAR MEETING OF THE CITY COUNCIL
COUNCIL CHAMBERS OCTOBER 29, 2013 1:30 P.M.
CONSENT AGENDA
* Approval of minutes—October 22, 2013
* Confirmation of committee appointments
Paula Blazek would be reappointed to the Civil Service Commission. The current term would
expire November 1, 2016. (Kyle Hayes, City Manager)
A) Approve a resolution approving an annual contract for the purchase of Lime Slurry from
LaHoist North America, Inc. of La Porte for use by the Streets and Drainage Division
B) Approve a resolution approving the purchase of Granular Phosphate for use by the Water
Utilities Department
C) Approve a resolution authorizing a payment of membership dues to the South East Texas
Regional Planning Commission for Fiscal Year 2014
D) Approve a resolution accepting the Certified Tax Roll Jurisdiction Summary for the tax
year 2013 (Fiscal Year 2014)
E) Approve a resolution approving an agreement with Triangle Stagecraft, Inc. for skilled
temporary workers utilized in the Event Facilities Department
F) Approve a resolution casting the City's votes (430) for C.L. Sherman for the Board of
Directors of the Jefferson County Appraisal District
G) Approve a resolution authorizing participation with other Entergy service area cities in
Public Utility Commission Docket No. 41850
A
RICH WITH OPPORTUNITY
C } City Council Agenda Item
T • E - X - A - S
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Laura Clark, Chief Financial Officer
MEETING DATE: October 29. 2013
REQUESTED ACTION: Council consider a resolution approving an annual contract
for the purchase of Lime Slurry from LaHoist North
America, Inc., of La Porte, Texas, in the estimated amount
of$100,800 for use by the Streets and Drainage Division.
BACKGROUND
Bids were requested for an annual contract to provide lime slurry in liquid form, which is used by
the Streets and Drainage Division to stabilize soil in road construction.
Three (3) vendors were notified and one (1) response was received. LaHoist North America, Inc.,
was the only bidder and has held this contract for several years. The bid amount represents an
approximate $6.00 per ton (3.7%) increase over the current contract pricing. There are no local
suppliers of this product.
Bid tabulation_is as follows: _
_ Vendor Unit Price Total Estimated Cost
LaHoist, N.A., LaPorte, TX $168/Ton $100,800.00
U.S. Litne Co., Dallas, TX No Response
'`_Cleveland Asphalt Co., Cleveland, TX_ No Response
FUNDING SOURCE
General Fund - Streets and Drainage Division.
RECOMMENDATION
Approval of resolution.
OWN*"R TA "T'.."'` CITY OF BEAUMONT- PURCHASING DIVISION
R.J. Hollar - Buyer II
T - $ - x --A - s 409-880-3758
rhollar @ci.beaumont.tx.us
BID TABULATION: Annual Contract for Road Materials - Lime Slurry
BID No. BF0913-25
OPENING DATE: Thursday, October 10, 2013
Vendor Lhoist NA
City / State La Porte, TX
ITEM Qty Unit Price Total
(Tons)
ime Slurry, u 168.00 100,800.00
NO RESPONSE: US LIME, CLEVELAND ASPHALT
RESOLUTION NO.
WHEREAS, bids were solicited for an annual contract for the purchase of lime slurry
for use by the Public Works Department, Streets and Drainage Division; and,
WHEREAS, LaHoist North America, Inc., of LaPorte, Texas, submitted a bid in the
amount of$168 per ton for an estimated cost of$100,800; and,
WHEREAS, City Council is of the opinion that the bid submitted by LaHoist North
America, Inc., of LaPorte, 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 LaHoist North America, Inc., of LaPorte, Texas, for an
annual contract for the purchase of lime slurry for use by the Public Works Department,
Streets and Drainage Division, in the amount of $168 per ton for an estimated cost of
$100,800 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 LaHoist North America, Inc., of La Port, Texas, for the
purposes described herein.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 29th day of
October, 2013.
- Mayor Becky Ames -
B
RICH WITH OPPORTUNITY
City Ci y Council Agenda Item
T • E • X • A • S
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Laura Clark, Chief Financial Officer
MEETING DATE: October 29, 2013
REQUESTED ACTION: Council consider a resolution approving the purchase of
Granular Phosphate from Brenntag Southwest, Inc.. of
Houston, in the estimated amount of$76,000 for use by the
Water Utilities Department.
BACKGROUND
Bids were requested for a six (6) month contract to supply Seaquest brand granular phosphate
compound. Granular Phosphate is used to sequester manganese in the water supply to improve
color. clarity and taste. Five (5) vendors submitted bids; however, three of the bids were rejected
as having bid a product that did not meet specifications. The low bid, meeting specifications,
was submitted by Brenntag Southwest, Inc. with a fixed unite price of$7,600.00 per ton. The
price for the previous six (6) months was $7,400.00 per ton.
FUNDING SOURCE
Water Utilities Fund..
RECOMMENDATION
Approval of resolution.
RESOLUTION NO.
WHEREAS, bids were solicited for a six (6) month contract for the purchase of
granular phosphate water treatment compound for use by the Water Utilities Department;
and,
WHEREAS, Brenntag Southwest, Inc., of Houston, Texas, submitted a bid of
$7,600/ton for an estimated amount of$76,000, as shown on Exhibit"A,"attached hereto;
and,
WHEREAS, City Council is of the opinion that the bid submitted by Brenntag
Southwest, 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 Brenntag Southwest, Inc., for a six (6) month contract
for the purchase of Seaquest brand granular phosphate water treatment compound in the
amount of $7,600/ton for an estimated amount of $76,000 for use by the Water Utilities
Department 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 Brenntag Southwest, Inc., of Houston, Texas, for the
purposes described herein.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 29th day of
October, 2013.
- Mayor Becky Ames -
c
RICH WITH OPPORTUNITY
ILI
,[I 1�1 C1 11
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: October 29, 2013
REQUESTED ACTION: Council consider a resolution authorizing a payment of
membership dues to the South East Texas Regional
Planning Commission (SETRPC) for Fiscal Year 2014.
BACKGROUND
The SETRPC was established in June of 1970 under enabling legislation as a voluntary
association of local governments. Its purpose is to encourage and permit local governments to
join and cooperate with one another to improve the health and safety of their citizens, to plan for
future development and transportation efforts, and to recognize the needs of agriculture, business
and industry. among other things.
The City of Beaumont supports the SETRPC and the community projects they perform. Some of
the programs these dues will fund are the Criminal Justice Program; the Area Agency on Aging
(AAA) Program, the Homeless Coalition; the Foster Grandparents Program (FGP), and the
Retired Senior Volunteer Program (RSVP).
FUNDING SOURCE
General Fund. The membership dues are in the amount of$43,233.92.
RECOMMENDATION
Approval of resolution.
South East Texas Regional Planning Commission
2210 Eastex Freeway
Beaumont, Texas 77703-4929
(409) 899-8444
October 14, 2013
INVOICE
City of Beaumont
P O Box 3827 ---- -
Beaumont; Texas 77-70 .—
SET-kPC-Dues.`: e ms ,. � � � :_ 14,195.52
Criminal 7uk ce Programs = ' S 1.874.34
.AAA Program : 510.903.02
Homeless Coalition _ S 9.298.56
PGP Program S 2,661.28
RSVP .Program S 4.301.20
Total Invoice - $43.233.92
THANK YOU
PLEASE RETURN YELLOR COPY 'WITH PAYMENT
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF BEAUMONT:
THAT the City Council hereby approves the payment of fiscal year 2014 dues to the South
East Texas Regional Planning Commission (SETRPC) in the amount of$43,233.92.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 29th day of
October, 2013.
- Mayor Becky Ames -
D
11EA,UM0N14r
T • E • X • A • s City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Laura Clark, Chief Financial Officer X/
MEETING DATE: October 29, 2013
REQUESTED ACTION: Council consider a resolution accepting the Certified Tax
Roll Jurisdiction Summary for the tax year 2013 (Fiscal
Year 2014).
BACKGROUND
Pursuant to the Texas Property Tax Code, Section 26.09, this recap must be approved by the City
Council. On September 17, 2013, Council approved the tax roll as certified by the Jefferson
County Appraisal District with a taxable value of$6,824,647,428. There is no change in the
taxable value of the Certified Tax Roll Jurisdiction Summary.
FUNDING SOURCE
Not applicable.
RECOMMENDATION
Approval of resolution.
J. SHANT HOWARD SOS0GJAIMES
IAVAJ3T3SOR-COLLECTOR CHIEF DB'[ITy
October 1O2Ol3
Laura Clark
City of Beaumont
pO Box 3827
Beaurnont. TX 77704
Dear K4n. Clark:
Enclosed is the 2013 Certified Tax Roll Summary. Pursuant to the Texas Property
Tax Code' Section 26.09, this certified tax roll summary should be approved by
your Board of Directors at your next board nneeting. After the approval, please
return your resolution for retention in the Tax Office.
If you should have any questions or require further information, please feel free to
call,
Sincerely,
J SHANE HOWARD
Assessor-Collector ofTaxes
Jefferson County' Texas
JSH:db
Enclosure
cc: KyieHayos
!E-, FERSO� COL% TYC0UlTHOl _�E ` P.0. BOX 2l\2 ^ BE�Dy!ONT, TEX�,kS -77O�-2ll�
"Y 1]1 04:3s3 2 1 1504038 TAX C0T,TYC'1ToN SYSTEM
R 0 L T. JURTST) TCTIoN SUMMARY
YRTIFIRD PAGE: 13
PROCESSING FOP TAX YEAR: 2013
-)I;T
'TTY Or DRAIRK
TOTAT, f'ARC*Fr,.!;: 65,435 TAX RA'Z'E-00.6900110
"ATI.T(PT ',-A!,IJE- > >^ n4F, '-ViATF qOTM
EXEMPT PA-peri-,;- STATE Or5: 0 PT OG S 17,500
EXEMPT VALUE: 0 DISABLED: 1'7,5(,0
AG PROPERTIES: 183 AC EXCLUSTONt 38,521,606
JPq CAPPED CITT: 238 HS CAPPED AMT- 2,187,441
li-b366 C14T- HP366 VALUE:
POLLUTION C.NT: POLLUTION VAT.T-pw I rl,I)"10
r-71T r'NT, 2 (ITT VALUE: 150,270
��RR WP CNTc ?$,854,
13 SPH FXEMPTIQN- 227,500
LTIT XMP 2 LiH EX :EMPTION
VFT PULL XMp NT. -2,893,650
1610 VET FULL EXEMPTION: 15,938"708
TTM PROPPRTTES: 75 TIM EXCLUSION:
4,188,172
PROPATET) F.XEmp rxXq 10 AMOUNT FOR EXXG 1,671,550
PROPATP,T-) PXFM P TXXT COUNT 12 AMOUNT FOP, EXXi
PRORATED rXF.MP r�xxj COljW_r 32 AMOUNT FOR EXXT 2,638,840
PRORATTIT) FlXEMP rXXI, (,OUNT 10,987,739
3 AMOUNT FOR EKXL 1,463,900
PRORATED RXRMP 9=1 COUNT 99 AMOUNT FOR EXKU 2,748,550
PPORA rRij P.Xpmp RXXV ('OTTW 3,614 AMOUNT FOR EX)CV 513,459,471
(,P,Opq 7,528,302,56-7
qTATR 110MRSTEW) 23,173 HOMESTEAD AMT,-
LOCATE HOMFSTFAT-)
23,173 HOMESTEAD AMT: 0
()VEP r 7'. 7,64C OVER 65 AMT:
LOCAL OVERES
7,846 OVER 65 AMT: 135,30U,819
STJPvTVTM0 SPOTTs7 51 AMOUNT: 8 12,I:)o
It OF DIS1�7,FU- 719 PTSARLED AMT: 28,837,670
TOTAL VF'r IM7FRAN AMT-
VET ISURNIVIN(� Fp VF7FRAM AMT: r65,4 10
INCLUDED (N WH�' TOIAF, VRT FIELD 6.3,000
'il-)'IA-' PAR! XMP.
'iAXA-Rll-p vAillml- 6,924,647,4'28
FROZEN ACcrg. 0
LEVY LOSS. ou
70TAT, LEVY: 47,1190,234,'78
IATFAP CWT: LATEAC APIT:
197.13
1,5A8 LATE RPNI)PEN ANT: 48,648.51
T'?()7Rtj pomps I TTI
!:T?()7,F.N TA X A R T.R
UNFROZEN TPVY
—')7MN 57-7,Y. 11.00
RESOLUTION NO.
WHEREAS, on September 17, 2013, City Council, by Ordinance No. 13-055,
approved the tax roll as certified by the Jefferson County Tax Appraisal District with a
taxable value of $6,824,647,428; and,
WHEREAS, it has been determined and the Council so finds there is no change in
the taxable value of the Grand Recap;
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the statements and findings set out in the preamble to this resolution are hereby, in
all things, approved and adopted; and,
That the City Council, pursuant to the Texas Property Tax Code, Section 26.09,
hereby approves the Grand Recap of the appraisal roll for the tax year 2013 (FY 2014)with
a taxable value of $6,824,647,428, which shall constitute the City's tax roll.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 29th day of
October, 2013.
- Mayor Becky Ames -
E
31IC'I9 W,I T If 0I'I'011TY.:+7ITY
111LIA,[111cl
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: October 29, 2013
REQUESTED ACTION: Council consider a resolution approving an agreement with
Triangle Stagecraft, Inc., for skilled temporary workers
utilized in the Event Facilities Department.
BACKGROUND
Triangle Stagecraft provides skilled temporary workers to load, unload, set up and take down
equipment needed for a variety of events and performances. They are the only local source for
providing these services. The Event Facilities Department utilizes these services on an as needed
basis for various events held at multiple City venues.
After the first year of the agreement, rates may increase each year by the lesser amount of three
percent (3%) or the Consumer Price Index (CPI) change for the Houston, Brazoria, Galveston
area. This agreement will automatically renew annually unless a notice has been provided by
either party thirty (30) days prior to expiration of the contract.
FUNDING SOURCE
The cost for these services are paid by the customer renting a city facility.
RECOMMENDATION
Approval of resolution.
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF BEAUMONT:
THAT the City Council hereby approves the award of a contract, with an option to renew
on an annual basis, to Triangle Stagecraft, Inc., of Port Neches, Texas, in the estimated
annual amount of$230,000 for the furnishing of skilled temporary workers to load, unload,
set up and take down equipment needed for a variety of events and performances that the
Event Facilities Department holds at multiple City venues. The contract is substantially in
the form attached hereto as Exhibit "A" and made a part hereof for all purposes; and,
BE IT FURTHER RESOLVED THAT the City Manager be and he is hereby
authorized to execute a Letter of Understanding with Triangle Stagecraft, Inc., of Port
Neches, Texas, for the purposes described herein.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 29th day of
October, 2013.
- Mayor Becky Ames -
LETTER OF UNDERSTANDING
BETWEEN
TRIANGLE STAGECRAFT, INC.
AND
CITY OF BEAUMONT
This Letter of Understanding is made this day of 2013,by and
between Triangle Stagecraft,Inc.(Triangle Stagecraft) and City of Beaumont,Beaumont,Texas
(City). Triangle Stagecraft is to provide temporary workers for the following services on an as-needed
basis for the City of Beaumont. The terms and conditions of this Letter of Understanding are as follows:
1. PAYMENT FOR WORKERS
All temporary workers provided by Triangle Stagecraft will be billed/paid at the hourly
rate included in this Letter of Understanding. There will be an additional charge of one and one-
half times(x 1.5)the applicable straight time rate for hours worked between 12:00 Midnight and
8:00 A.M.and/or after eight(8)consecutive hours.
For pay purposes, any portion of an hour constitutes one(1)hour billed/paid. The load in,any
rehearsal,the show and load out are considered separate from each other and overtime
accumulation.
2. ADMINISTRATIVE CHARGE
A Triangle Stagecraft administrative charge of twenty-two percent(22%)will be added to each
Triangle Stagecraft bill in order to help cover workers' compensation insurance,and other
administrative costs. A Certificate of Workers' Compensation Insurance,as well as other
insurances as required by the City,will be provided by Triangle Stagecraft to the City.
3. CALL MINIMUMS
The minimum load in call is three(3)hours, with the exception of all bus and truck tours,which
will have a minimum load in call of four(4)hours.
The minimum load out call is two(2)hours,with the exception of all bus and truck tours,which
will have a minimum load out call of three(3)hours.
4. STEWARD/WORKING STEWARD
A steward or non-working steward is required on all calls. On calls of fourteen(14)or less
Triangle Stagecraft workers,the electrician shall assume the duties of steward. A non-working
steward is required for administration purposes on all calls of fifteen(15)or more Triangle
Stagecraft workers.
5. LOADERS
A minimum of two(2)loaders is required on all buses,trailers eighteen feet(18')or under and
vans. A minimum of four(4)loaders is required on all semi and bobtail trucks.
Loaders will work four(4)hours maximum, loading or unloading. Vehicles not completed in this
four(4)hour time frame will be charged one and one-half(x 1.5)the regular rate per man,per
vehicle. This hour limit does not apply on shows that have in excess of four(4)semi and/or
bobtail trucks.
Page l of 5 Letter of Understanding 2013—Triangle Stagecraft and City of Beaumont
EXHIBI-f "A"
All loaders will be paid at one and one-half times(x 1.5)the applicable straight time rate for each
truck, van or bus that begins loading or unloading after 12:00 midnight or before 8:00 A.M.
6. RIGGERS
When requested by City, riggers will work under a four(4)hour minimum on all load in and load
outs. Rigging not completed in this four(4)hour time frame will be charged at the regular hourly
rate per rigger.
When riggers are requested,there shall be a minimum call of two(2)high riggers and one(1)
ground rigger. Shows in excess of twenty(20)points will require additional high riggers. The
number of additional high riggers shall be determined by mutual agreement between the business
agent and the building technical services coordinator.
If an event only requires the hanging of decorations,only one rigger will be needed for this
service.
7. REHEARSALS AND PERFORMANCE RATES
Rehearsal and performance rates are based on a three(3)hour minimum,plus thirty(30)minute
call back time. The fourth(4th)hour,if needed,will be at the regular rate. Any additional hours
after four(4)without a one(1)hour meal break,shall be charged at one and one-half times(x
1.5)the applicable hourly rate. Triangle Stagecraft workers shall be guaranteed at least two(2)
hours of rehearsal/performance time upon returning from a rehearsal or performance meal break.
If a performance runs after midnight,overtime will be applied at the applicable rates.
8. HOLIDAYS
Holiday pay will be at two times(x 2)the regular rate at appropriate times. Holiday pay will be
applied for all Triangle Stagecraft workers that work on the following holidays:
New Year's Eve Labor Day
New Year's Day Memorial Day
Easter Sunday Thanksgiving Day
Martin Luther King,Jr. Birthday Christmas Eve
Fourth of July Christmas Day
9. MEAL PERIODS
All Triangle Stagecraft workers will receive a meal period of one(1)hour,not earlier than four
(4)hours nor later than five(5)hours after commencement of work,exclusive of performance
time and with the exception of the meal hour as referenced below,provided that after said meal
hour the Triangle Stagecraft workers will be guaranteed at least two(2)hours work. The
Triangle Stagecraft workers may be rotated or staggered for the meal period. The steward will
see that work proceeds as rapidly and efficiently as possible,but at the same time will see that the
Triangle Stagecraft workers receive breaks,which may be on a staggered basis. In the event the
Triangle Stagecraft workers are not permitted such a meal period,the Triangle Stagecraft workers
will receive one and one-half time(x 1.5)rate until such meal period is received.
10. BREAKS
Each Triangle Stagecraft worker shall receive a fifteen(15)minute break approximately two(2)
hours into the load in. The exact time shall be determined between the local steward and the
show representative,however in all cases,breaks shall begin no later than two and one-half(2 ''/2)
hours into the load in.
Page 2 of 5 Letter of Understanding 2013—Triangle Stagecraft and City of Beaumont
11. HAZARDOUS CONDITIONS
Hazardous conditions exist when a Triangle Stagecraft worker is working over thirty(30)feet
above the floor and/or truss focusing while climbing,not to include working in loading bridges,
fly floors,gridirons or any safety walk over thirty(30)inches in width that is enclosed with
permanent safety railing. In hazardous locations,basic safety systems such as OSHA approved
lifeline and fall restraint systems must be present or Triangle Stagecraft workers will not be
allowed to work there. The base rate of Triangle Stagecraft workers in hazardous conditions will
be the same as high riggers scale.
12. TERM FOR LETTER OF AGREEMENT
This letter of Agreement shall be in effect for a period of one(1)year beginning OCTOBER
2013, with the option to renew on an annual basis. Any renewals will be subject to the
same terms and conditions referenced in this Agreement. Renewals will be offered through an
extension letter generated by the City of Beaumont and approval with signature provided by
Triangle Stagecraft.
The hourly rate increase shall be based upon the Consumer Price Index(CPI) for the Houston-
Brazoria-Galveston area effective year ending December 31. The hourly increase will be the
percentage of the CPI or three(3)percent,which ever is the lower amount.
13. TERMINATION OF AGREEMENT
This Agreement may be terminated for any reason by either Triangle Stagecraft or the City of
Beaumont upon providing thirty(30)days' written notice to the other party.
14. INDEMNITY
Triangle Stagecraft agrees to indemnify and save harmless the City of Beaumont and its officers,
agents and employees from any and all claims,causes or action and damages of every kind, for
injury to or death of any person and damages to property arising out of or in connection with the
work done by Triangle Stagecraft under this Agreement,and including acts or omissions of the
City of Beaumont or its officers,agents or employees in connection with said Agreement. The
requirements of this paragraph shall survive the termination of this Agreement.
15. INSURANCE
Triangle Stagecraft shall obtain and maintain in full force and effect for the duration of this
Agreement, and any extension hereof,at Triangle Stagecraft's sole expense, insurance coverage
called for in Exhibit"A"attached hereto. Triangle Stagecraft shall require its insurance agent
provider such insurance to complete City-approved Certificate of Insurance forms. The
requirements of this paragraph shall survive the termination of this Agreement.
Page 3 of 5 Letter of Understanding 2013—Triangle Stagecraft and City of Beaumont
16. CONTACT INFORMATION
TRIANGLE STAGECRAFT,INC. CITY OF BEAUMONT
681 Ridgewood Drive Finance Dept./Purchasing Div.
Port Neches,TX 77651
Physical Address.•
Phone: 409-626-1880 801 Main Street,Suite 315
Fax: 409-729-0578 Beaumont,TX 77701
Mailing Address:
P.O.Box 3827
Beaumont,TX 77704
Phone: 409-880-3720
Phone: 409-880-3747
IN WITNESS WHEREOF,the undersigned have caused this Agreement to be duly executed as of
the date set forth within this Agreement.
AGREED AND ACCEPTED: AGREED AND ACCEPTED:
TRIANGLE STAGECRAFT,INC. CITY OF BEAUMONT
By: — By:
Name: James B. Strawther Name: Kyle Hayes
Title: Operations Manager Title: City Manager
Date: Date:
Page 4 of 5 Letter of Understanding 2013—Triangle Stagecraft and City of Beaumont
LETTER OF UNDERSTANDING
BETWEEN
TRIANGLE STAGECRAFT, INC.
AND
CITY OF BEAUMONT
RATES EFFECTIVE OCTOBER , 2013
POSITION RATE PER HOUR
Non working steward $23.18
Steward $20.17
Electrician $20.17
Flyman $18.34
Forklift $18.34
Stagehand $18.34
Sound man $18.34
Wardrobe $18.34
Technical Assistance(Work Calls) $18.34
Truckloaders
Van/Bus $38.62
Bobtail $38.62
Semi $52.74
Riggers
4 —
High — $29.77
Ground $23.18
Performance Rate
3 hours $64.18
Rehearsals Rate
3 hours $64.18
Page.5 of 5 Letter of Understanding 2013—Triangle Stagecraft and City of Beaumont
EXHIBIT"A"
Letter of Understanding Between
Triangle Stagecraft,Inc.and City of Beaumont
ATTACHMENT A
Insurance Requirements—City of Beaumont
(Revised 4/1/2013)
INSURANCE
SECTION A. Prior to the approval of this contract by the City,CONTRACTOR shall furnish a completed Insurance Certificate to the
Purchasing office. The certificate shall be completed by an agent authorized to bind the named underwriter(s)to the coverages,limits,and
termination provisions shown thereon,and shall furnish and contain all required information referenced or indicated thereon. CITY
SHALL HAVE NO DUTY TO PAY OR PERFORM UNDER THIS CONTRACT UNTIL SUCH CERTIFICATE IS RECEIVED BY
THE CITY OF BEAUMONT'S PURCHASING DIVISION,and no officer or employee of the City shall have authority to waive this
requirement.
INSURANCE COVERAGE REQUIRED
SECTION B. CITY reserves the right to review the insurance requirements of this section during the effective period of the contract
and to adjust insurance coverages and their limits when deemed necessary and prudent by CITY,based upon changes in statutory law,
court decisions,or the claims history of the industry as well as the CONTRACTOR.
SECTION C. Subject to CONTRACTOR'S right to maintain reasonable deductibles in such amounts as are approved by CITY,
CONTRACTOR shall obtain and maintain in full force and effect for the duration of this contract, and any extension hereof, at
CONTRACTOR'S sole expense,insurance coverage written by companies approved by the State of Texas and acceptable to CITY,in the
following type(s)and amount(s):
TYPE AMOUNT
1. Workers'Compensation and Statutory
Employer's Liability
NOTE: For building or construction projects,and services provided at City-owned facilities,the successful
Contractor shall meet the minimum requirements defined in the Texas Workers'Compensation Commission
Rule 28 TAC§110.110 which follows this insurance attachment.
2. Commercial General(public)Liability
including coverage for the following:
a. Premises operations Combined single limit for bodily injury and
b. Independent contractors and property damage of$1,000,000 per
C. Products/completed operations occurrence or its equivalent with an aggregate
d. Personal injury limit of$2,000,000.
e. Advertising injury
f Contractual liability
g. Medical payments
h. Professional liability*
i. Underground hazard*
J. Explosion and collapse hazard*
k. Liquor liability*
- 1 -
1. Fire legal liability*
M. City's property in Contractor's*
care,custody,or control
n. Asbestos specific liability*
* Not required for this contract
3. Comprehensive Automobile Liability Combined single limit for bodily injury and
insurance,including coverage for loading property damage of$500,000 per occurrence
and unloading hazards,for: or equivalent.
a. Owned/leased vehicles
b. Non-owned vehicles
C. Hired vehicles
4. Errors and Omissions Provide a prudent amount of coverage for the
insurance policy willful or negligent acts or omissions of any
(when applicable) officers,employees or agents thereof.
ADDITIONAL POLICY ENDORSEMENTS
CITY shall be entitled,upon request,and without expense,to receive copies of the policies and all endorsements thereto and may
make any reasonable request for deletion,revision,or modification of particular policy terms,conditions, limitations,or exclusions
(except where policy provisions are established by law or regulation binding upon either of the parties hereto or the underwriter of any
of such policies). Upon such request by CITY,CONTRACTOR shall exercise reasonable efforts to accomplish such changes in policy
coverages,and shall pay the cost thereof.
REQUIRED PROVISIONS
CONTRACTOR agrees with respect to the above required insurance,all insurance contracts and certificate(s)of insurance will contain
and state,in writing,on the certificate or its attachment,the following required provisions.
a. Name,the City of Beaumont and its officers,employees,and elected representatives as additional insured(s),(as the
interest of each insured may appear)to all applicable coverage.
b. Provide for 30 days'notice to City for cancellation,non-renewal,or material change.
C. Provide for notice to City at the address shown below by registered mail.
d. CONTRACTOR agrees to waive subrogation against the City of Beaumont,its officers,employees,and elected
representatives for injuries,including death,property damage,or any other loss to the extent same may be covered
by the proceeds of insurance.
e. Provide that all provisions of this agreement concerning liability,duty,and standard of care together shall be
underwritten by contractual liability coverage sufficient to include such obligations within applicable policies.
f For coverages that are only available with claims made policies,the required period of coverage will be determined
by the following formula: Continuous coverage for the life of the contract,plus one year(to provide coverage for
the warranty period)and an extended discovery period for a minimum of five years which shall begin at the end of
the warranty period.
-2 -
NOTICES
CONTRACTOR shall notify CITY in the event of any change in coverage and shall give such notices not less than thirty(30)days
prior to the change,which notice must be accompanied by a replacement CERTIFICATE OF INSURANCE. All notices shall be given
to CITY at the following address:
Purchasing Division
City of Beaumont
P.O.Box 3827
Beaumont,Texas 77704
SECTION D. Approval,disapproval,or failure to act by CITY regarding any insurance supplied by CONTRACTOR shall not relieve
CONTRACTOR of full responsibility or liability for damages and accidents as set forth in the contract documents. Neither shall the
bankruptcy,insolvency,or denial of liability by the insurance company exonerate CONTRACTOR from liability.
- 3 -
WORKERS COMPENSATION INSURANCE
for
Building or Construction Projects and Services Provided at City-Owned Facilities
TEXAS WORKERS' COMPENSATION COMMISSION RULE 28,§110.110
As required by the Texas Workers'Compensation Rule 28,§110.110,the Contractor shall accept the following definitions and comply
with the following provisions:
Workers'Compensation Insurance Coverage
A. Definitions:
1. Certificate of coverage("certificate")-A copy of a certificate of insurance,a certificate of authority to self-insure issued
by the commission, or a coverage agreement(TWCC-81, TWCC-82, TWCC-83, or TWCC-84), showing statutory
workers'compensation insurance coverage for the person's or entity's employees providing services on a project,for the
duration of the project.
2. Duration of the project-includes the time from the beginning of the work on the project until the Contractor's/person's
work on the project has been completed and accepted by the City of Beaumont.
3. Persons providing services on the project("subcontractor"in§406.096)-includes all persons or entities performing all
or part of the services the Contractor has undertaken to perform on the project, regardless of whether that person
contracted directly with the Contractor and regardless of whether that person has employees. This includes,without
limitation,independent Contractors,subcontractors,leasing companies,motor carriers,owner-operators,employees of
any such entity,or employees of any entity which furnishes persons to provide services on the project."Services"include,
without limitation,providing,hauling,or delivering equipment or materials,or providing labor,transportation,or other
service related to a project."Services"does not include activities unrelated to the project,such as foodibeverage vendors,
office supply deliveries,and delivery of portable toilets.
B. The Contractor shall provide coverage,based on proper reporting of classification codes and payroll amounts and filing of any
coverage agreements,which meets the statutory requirements of Texas Labor Code,Section 401.011(44)for all employees of the
Contractor providing services on the project,for the duration of the project.
C. The Contractor must provide a certificate of coverage to the City of Beaumont prior to being awarded the contract.
D. If the coverage period shown on the Contractor's current certificate of coverage ends during the duration of the project, the
Contractor must,prior to the end of the coverage period,file a new certificate of coverage with the City of Beaumont showing that
coverage has been extended.
E. The Contractor shall obtain from each person providing services on a project,and provide to the City of Beaumont:
1. A certificate of coverage,prior to that person beginning work on the project,so the City of Beaumont will have on file
certificates of coverage showing coverage for all persons providing services on the project;and
2. No later than seven(7)days after receipt by the Contractor,a new certificate of coverage showing extension of coverage,
if the coverage period shown on the current certificate of coverage ends during the duration of the project.
F. The Contractor shall retain all required certificates of coverage for the duration of the project and for one(1)year thereafter.
G. The Contractor shall notify the City of Beaumont in writing by certified mail or personal delivery,within ten(10)days after the
Contractor knew or should have known,of any change that materially affects the provision of coverage of any person providing
services on the project.
11. The Contractor shall post on each project site a notice, in the text, form and manner prescribed by the Texas Workers'
Compensation Commission, informing all persons providing services on the project that they are required to be covered,and
-4 -
stating how a person may verify coverage and report lack of coverage.
L The Contractor shall contractually require each person with whom it contracts to provide services on a project,to:
1. Provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage
agreements,which meets the statutory requirements of Texas Labor Code,Section 401.01 1(44)for all of its employees
providing services on the project,for the duration of the project;
2. Provide to the Contractor, prior to that person beginning work on the project, a certificate of coverage showing that
coverage is being provided for all employees of the person providing services on the project, for the duration of the
project.
3. Provide the Contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of
coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project;
4. Obtain from each other person with whom it contracts,and provide to the Contractor:
a. A certificate of coverage,prior to the other person beginning work on the project;and
b. A new certificate of coverage showing extension of coverage,prior to the end of the coverage period, if the
coverage period shown on the current certificate of coverage ends during the duration of the project.
5. Retain all required certificates of coverage on file for the duration of the project and for one(1)year thereafter;
6. Notify the City of Beaumont in writing by certified mail or personal delivery,within ten(10)days after
the person knew or should have known,of any change that materially affects the provision of coverage
of any person providing services on the project;and
7. Contractually require each person with whom it contracts,to perform as required by paragraphs(1)-
(7), with the certificates of coverage to be provided to the person for whom they are providing
services.
J. By signing this contract or providing or causing to be provided a certificate of coverage, the Contractor is
representing to the City of Beaumont that all employees of the Contractor who will provide services on the
project will be covered by workers"compensation coverage for the duration of the project,that the coverage will
be based on proper reporting of classification codes and payroll amounts,and that all coverage agreements will
be filed with the appropriate insurance carrier or,in the case of a self-insured,with the commission's Division of
Self-Insurance Regulation. Providing false or misleading information may subject the Contractor to
administrative penalties,criminal penalties,civil penalties,or other civil actions.
K. The Contractor's failure to comply with any of these provisions is a breach of contract by the Contractor which
entitles the City of Beaumont to declare the contract void if the Contractor does not remedy the breach within
ten(10)days after receipt of notice of breach from the City of Beaumont.
As defined by the Texas Labor Code,Chapter 269,Section 406.096(e),building or construction is defined as:
I. Erecting or preparing to erect a structure,including a building,bridge,roadway,public utility facility,
or related appurtenance;
2. Remodeling,extending,repairing,or demolishing a structure;or
3. Otherwise improving real property or an appurtenance to real property through similar activities.
The employment of a maintenance employee who is not engaging in building or construction as the employees primary
business does not constitute engaging in building or construction.
- 5 -
CITY OF BEAUMONT
INSURANCE REQUIREMENT AFFIDAVIT
To be Completed By Appropriate Insurance Agent
and submitted with bid proposal.
I,the undersigned Agent/Broker,certify that the insurance requirements contained in this bid document have
been reviewed by me with the below identified Contractor. If the below identified Contractor is awarded this
contract by the City of Beaumont,I will be able to, within ten(10)days after being notified of such award,
furnish a valid insurance certificate to the City meeting all of the requirements defined in this bid.
Agent(Signature) Agent(Print)
Name of Agency/Broker:
Address of Agent/Broker:
City/State/Zip: _
Agent/Broker Telephone#:
CONTRACTOR'S NAME:
(Print or Type)
NOTE TO AGENT/BROKER
If this time requirement is not met,the City has the right to invalidate the bid award and award the contract
to the next lowest bidder meeting specifications. Should an awarded bid be invalidated the Contractor may
be liable for breach of contract. If you have any questions concerning these requirements,please contact
the Purchasing Manager for the City of Beaumont at(409)880-3720.
-6-
CERTIFICATE OF INSURANCE Form No.C0131
Edition Date: 12/12/2012
'. . Page 1 of 3
This form is for informational purposes only and certifies that policies of insurance listed below have been issued to insured
named below and are in force at this time. Notwithstanding any requirements, term or condition of any contract or other
document with respect to which this certificate may be issued or may pertain,insurance afforded by policies described herein is
subject to all terms, exclusions and conditions of such policies.
Prior to the beginning of work, the vendor shall obtain the minimum insurance and endorsements specified. Agents must
complete the form providing all requested information and submit by fax, U.S. mail or e-mail as requested by the City of
Beaumont("COB"). The endorsements listed below are required as attachments to this certificate,-copies of the endorsements
are also acceptable. PLEASE ATTACH ALL ENDORSEMENTS TO THIS FORM AND INCLUDE THE MATCHING POLICY
NUMBER ON THE ENDORSEMENT. Only City of Beaumont certificates of insurance are acceptable;commercial carriers'
certificates are not.
This certificate shall be completed by a licensed insurance agent:
Name and Address of Agency: City of Beaumont Reference:
Project Name:
Project Location:
Phone: /
Managing Dept.:
Name and Address of Insured:
Project Mgr.:
Insurers Affording Coverages:
Insurer A:
Phone: /
Insurer B:
Prime or Sub-Contractor?:
Insurer C:
Name of Prime Contractor, if different from Insured:
Insurer D:
INSR TYPE OF INSURANCE POLICY POLICY EFF.DATE POLICY EXP. LIMITS OF LIABILITY
LTR NO. (MM/DD/YYYY) DATE
(MM/DD/YYYY)
Commercial General
Liability Policy Each Occurrence $
As defined in the
Policy, does the Policy General Aggregate $
provide:
Completed $
❑Yes ❑ No — Completed Operations/Products Operations/
Products Aggregate
❑Yes ❑ No — Contractual Liability Personal& $
Advertising Injury
$
❑Yes ❑ No — Explosion Deductible or Self Insured Retention
- 7-
.r..
CERTIFICATE OF INSURANCE Form No.COB1
Edition Date: 12/12/2012
Page 2 of 3
INSR POLICY POLICY EFF.DATE POLICY EXP.
LTR TYPE OF INSURANCE NO. (MM/DD/YYYY) DATE LIMITS OF LIABILITY
(MM/DD/YYYY)
❑Yes ❑No — Collapse
❑Yes ❑No — Underground
❑Yes ❑No — Contractors/Subcontractors Work
❑Yes ❑No — Aggregate Limits per Project Form CG 2503
❑Yes ❑No — Additional Insured Form—CG 2010
❑Yes ❑No — 30 Day Notice of Cancellation Form-CG 0205
❑Yes ❑No — Waiver of Subrogation Form-CG 2404
Pollution/Environmental Occurrence $
Impairment Policy
A re ate $
Auto Liability Policy CSL $
As defined in the Policy,
does the Policy provide Bodily Injury $
Per Incident
❑Yes ❑No — Any Auto Bodily Injury $
(Per Person)
❑Yes ❑No — All Owned Autos Property Damage $
(Per Accident)
❑Yes ❑No — Non-Owned Autos
❑Yes ❑No — Hired Autos
❑Yes ❑No — Waiver of Subrogation -CA0444
❑Yes ❑No — 30 Day Notice of Cancellation-CA0244
❑Yes ❑No — Additional Insured-CA2048
❑Yes ❑No — MCS 90
Excess Liability Occurrence $
• Umbrella Form
• Excess Liability
Follow Form A re ate $
Workers Compensation& ❑ Statutory
Employers Liability
As defined in the Policy, Each Accident $
does the Policy provide
❑Yes ❑No — Waiver of Subrogation -WC420304 Disease- $
Policy Limit
❑Yes ❑No — 30 Day Notice of Cancellation-WC420601 Disease- $
Each Employee
Is a Builders Risk or $
Installation Insurance
Policy provided?
❑Yes ❑No
❑Yes ❑No — Is the City shown as loss payee/mortgagee?
Professional Liability
As defined in the Policy, Each Claim $
does the Policy provide:
❑Yes ❑No — 30 Day Notice of Cancellation Deductible or Self $
Retroactive Date: Insured Retention
- 8 -
CERTIFICATE OF INSURANCE Form No.COW
Edition Date: 12/12/2012
.ow . Page 3 of 3
AGENT CERTIFICATION:
THIS IS TO CERTIFY TO THE CITY OF BEAUMONT that the insurance policies above are in full force and effect.
Name of Insurance Company. Name of Authorized Agent:
Company Address: Agent's Address:
City: State: Zip: City: State: Zip:
Authorized Agent's Phone Number(including Area Code): Original signature of Authorized Agent:
X
Date:
CERTIFICATE HOLDER: DATE ISSUED:
City of Beaumont
P. O. Box 3827 AUTHORIZED REPRESENTATIVE SIGNATURE
Beaumont, Texas 77704-3827 Licensed Insurance Agent
Printed Name:
-9-
RICH WITH OPPORTUNITY
[1EA,[111011*
T • E • X • A •-S City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
MEETING DATE: October 29, 2013
REQUESTED ACTION: Council consider a resolution casting the City*s votes (430)
for C. L. Sherman for the Board of Directors of the
Jefferson County Appraisal District.
BACKGROUND
C. L. Sherman currently serves on the Board of Directors of the Jefferson County Appraisal
District. The terms of the current Board members expire on December 31, 2013. A letter from
Roland Bieber, Chief Appraiser, is attached for your review.
RECOMMENDATION
Approval of the resolution.
Jefferson County Appraisal District (409) 840-9944
P O. Box 21337 4610 S.Fourth St. (409) 727-4611
Beaumont,Texas 77720-1337 Beaumont, Texas 77705 Fax (409) 727-5621
CHIEF APPRAISER October 21. 2 01 MEMBERS OF THE BOARD
Roland R. Bieber,RPA C.L. Sherman,Chairperson
Charles Lankford,Secretary
J. Shane Howard
Miriam K.Johnson
Eugene Landry
ZI
Mrs. Becky Ames Dr. Louis Reed,Jr.
Mayor
City of Beaumont
P 0 Box 3827
Beaumont TX 77704
Dear Mayor Ames:
In accordance with Section 6.03(0 of the Property Tax Code, I have enclosed a copy of the ballot
of the nominees for the Jefferson County Appraisal District Board of Directors for the 2014 -
2015 term of office.
All five positions on the Board of Directors are up for re-election. You may cast all of your votes
for one nominee or distribute them as you wish among the nominees.
Each taxing unit entitled to vote must cast its votes in the form of a resolution adopted by its
governing body and submit it to me before December 15, 2013.
Please refer to the enclosed voting allocation to determine the number of votes your entity is
entitled to in this election. The nominee receiving the majority of the votes of the conservation
and reclamation districts will receive all of the votes cast by these districts.
Sincerely,
12o and R. ieber, RPA
Chief Appraiser
pjb
Enclosures - 2
Mr. Kyle Hayes, City Manager
JEFFERSON COUNTY APPRAISAL DISTRICT
Voting Allocation for 2014 - 2015 Board of Directors
Based on 2012 Tax Levies
% of Total
2012 Tax Levy Tax Levy # of Votes
Drainage District #6 $17,648,906.00 3.51 % 175
Drainage District #7 $18,372,036.00 3.65% 183
Navigation and Waterways Dist $6,843,582.00 1 .36% 68
Port of Beaumont $6,282,360.00 1 .25% 63
Port of Port Arthur $11 ,024,636.00 2.19% 110
Port of Sabine Pass $545,656.00 0.11 % 5
Trinity Bay Conservation Dist $75,922.00 0.02% 1
WCID #10 $867,334.00 0.17% 9
SUBTOTAL C & R DISTRICTS: $61 ,660,432.00 12.26% 614
Jefferson County $91 ,436,681 .00 18.18% 909
Beaumont ISD $121 ,663,215.00 24.18% 1 ,209
Hamshire-Fannett ISD $9,607,030.00 1 .91 % 96
Hardin Jefferson ISD $7,003,433.00 1 .39% 70
Nederland ISD $22,971 ,196.00 4.57% 228
Port Arthur ISD $68,336,968.00 13.58% 679
Port Neches-Groves ISD $36,510,874.00 7.26% 363
Sabine Pass ISD $8,398,524.00 1 .67% 83
City of Beaumont $43,314,307.00 8.61 % 430
City of Bevil Oaks $105,901 .00 0.02% 1
City of Groves $4,567,540.00 0.91 % 45
City of Nederland $5,660,138.00 1 .13% 56
City of Port Arthur $'15,990,343.00 3.18% 159
City of Port Neches $5,863,595.00 1 .17% 58
SUBTOTALS: $441 ,429,745.00 87.74% 4,386
TOTALS: $503,090,177.00 100.00% 5,000
ELECTION BALLOT
Jefferson County Appraisal District
Board of Directors, 2014 - 2015 Term of Office
The following individuals have been nominated:
Miriam Johnson
Eugene Landry
Charles Lankford
Dr. Louis Reed
C. L. Sherman
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF BEAUMONT:
THAT the City Council hereby casts all of its votes for C. L. Sherman to the Board of
Directors of the Jefferson County Appraisal District.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 29th day of
October, 2013.
- Mayor Becky Ames -
RICH WITH OPPORTUNITY G
BEA,U11011
T • E • X • A • S City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Tyrone E. Cooper, City Attorney
MEETING DATE: October 29, 2013
REQUESTED ACTION: Council consider a resolution authorizing participation with
other Entergy service area cities in Public Utility
Commission Docket No. 41850.
BACKGROUND
On July 30, 2013, the City Council passed a resolution conditionally supporting a proposal by
Entergy Texas, Inc. and ITC Holdings Corp. regarding the change of ownership and control of the
transmission business to ITC Holdings Corp. The resolution indicated support of a public interest
finding by the Public Utility Commission of Texas contingent on the approval of the terms and
conditions as reflected in the commitments made by Entergy and ITC Holdings addressed by the
Administrative Law Judges and contained in the Cities expert testimony in the initial application
seeking approval of the transfer. ETI and ITC have since re-filed their application for approval so
as to include, as part of the evidence and record in the case, the commitments made to the service
area cities as well as the Cities resolutions of support.
The Cities' Service Area Steering Committee met to discuss what level of intervention the Cities
needed to have in the re-filed case in order to ensure that the commitments made to the Cities were
honored. The decision was to monitor the proceedings before the PUG in order to ensure that the
relief granted is consistent with the Cities resolution supporting a public interest finding.
The resolution provides for continued participation with the Cities' Steering Committee to monitor
the proceedings before the PUC through its attorneys and consultants.
FUNDING SOURCE
Not applicable.
RECOMMENDATION
Approval of ordinance.
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF BEAUMONT,
TEXAS, AUTHORIZING PARTICIPATION WITH OTHER
ENTERGY SERVICE AREA CITIES IN PUBLIC UTILITY
COMMISSION DOCKET NO. 41850.
WHEREAS, Entergy Texas, Inc.'s ("ETI") and ITC Holdings ("ITC") have
filed a joint application for approval of change of ownership and control of
transmission business, transfer of certification rights, and related relief with the
Public Utility Commission of Texas ("PUC" or "Commission"), docketed as
Docket No. 41850; and,
WHEREAS, the City has passed a Resolution supporting a finding of
public interest for ETI's and ITC's proposal for change in ownership and control
of the transmission business and transfer of certification rights conditioned upon
the Commission's approval of the commitments made by ETI and ITC to Cities
and referenced in City's Resolution; and,
WHEREAS, ETI and ITC have re-filed their application for approval of
change of ownership and control of transmission business, transfer of
certification rights, and related relief so as to include the commitments made to
Cities as part of the record evidence in the case; and,
WHEREAS, Cities have standing in each case before the Public Utility
Commission of Texas that relates to an electric utility providing service in the
municipality pursuant to TEx. UTiL. Code § 33.025;
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the statement and findings set out in the preamble to this Resolution are
hereby in all things approved and adopted; and,
SECTION 1. The City of Beaumont shall participate with other Cities as
part of the Entergy Texas, Inc. Service Area Steering Committee in ETI's and
ITC's joint application for approval of change of ownership and control of
transmission business, transfer of certification rights, and related relief filed with
the Public Utility Commission in 2013 and shall seek appropriate regulatory relief
consistent with the City's Resolution conditionally supporting a public interest
finding.
SECTION 2. The City is authorized to join with other municipalities as part
of the Entergy Texas, Inc. Service Area Steering Committee.
SECTION 3. The City employs The Lawton Law Firm, P.C. to represent
the City with regard to the proposed transaction before state regulatory
authorities and any court of law with the understanding that the Steering
Committee will provide direction and guidance to the lawyers who are
representing said cities. The City authorizes counsel to employ such rate experts
as are recommended by the Cities' Steering Committee.
SECTION 4. The meeting at which this Resolution was approved was in
all things conducted in strict compliance with the Texas Open Meetings Act,
Texas Government Code, Chapter 551.
SECTION 5. This Resolution shall be effective from and after the date of
its passage.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 29th
day of October, 2013.
- Mayor Becky Ames -
ATTEST:
City Secretary
APPROVED AS TO FORM:
RICH WIT1( OPPORTVNITY
11EA,11M0N*
T • E • A - A - $
REGULAR MEETING OF THE CITY COUNCIL
COUNCIL CHAMBERS OCTOBER 29, 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 5-7/Consent
Agenda
* Consent Agenda
GENERAL BUSINESS
1. Consider an ordinance approving a specific use permit to allow for expansion of a
pipe processing, storage, and shipping facility in an LI (Light Industrial) District at
5780 Hagner Road
2. Consider an ordinance approving a revised specific use permit to allow an
expansion of a financial planner's office in an RM-H (Residential Multiple
Family Dwelling-Highest Density) District at 4184 Treadway Road
3. Consider an ordinance approving the abandonment of a 5' x 112.63' utility
easement(sanitary sewer)that roughly bisects Lot 5 and part of Lot 6, Block 11 of
the Fourth Street Acres Addition
4. Consider a request for abandonment of a 10' x 138' long utility easement at 5690
Kingswood Drive
5. Consider a resolution awarding a six month contract to APAC-Texas, Inc. for the
purchase of asphaltic concrete for use by the Streets and Drainage Division
6. Consider a resolution authorizing the City Manager to execute Amendment No. 1
to the Interlocal Agreement with Jefferson County Drainage District No. 6 for the
Lucas SRL Relief Project
7. Consider a resolution authorizing the City Manager to enter into a contract with
Legacy Community Development Corporation for HOME Investment
Partnerships Program funds from the Department of Housing and Urban
Development
COMMENTS
* Councilmembers/City Manager comment on various matters
* Public Comment (Persons are limited to 3 minutes)
EXECUTIVE SESSION
* Consider matters related to employment, evaluation and duties of a public officer
or employee in accordance with Section 551.074 of the Government Code to wit:
Chief Magistrate —Craig Lively
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
October 29, 2013
Consider an ordinance approving a specific use permit to allow for expansion of a pipe processing,
storage, and shipping facility in an LI (Light Industrial) District at 5780 Hagner Road
RICA WITH OPPORTUNITY
r rk
.[I I I C1 11'
T • E • X • A • S City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, Cit Manager
PREPARED BY: Chris Boone, Director of Planning and Community
Development
MEETING DATE: October 29, 2013
REQUESTED ACTION: Council consider an ordinance approving a specific use pen-nit
to allow for expansion of a pipe processing, storage, and
shipping facility in an LI (Light Industrial) District at 5780
Hagner Road.
BACKGROUND
Robert Hooper, on behalf of National Oilwell Varco-XL Systems, has applied for a specific use
permit.
The facility has been located on the site since 1985. Currently, the site is primarily used for storage
of pipe in various stages of processing. The proposed expansion would involve the removal of two
existing buildings and the construction of three new buildings, including two warehouse/production
facilities and an office building. Parking will be constructed as required by ordinance, and utilities
exist on the site to handle expected demand to meet the requirements of the City.
Please note that final occupancy approval is subject to review and acceptance of submitted plans
and field inspections to verify compliance with applicable codes.
At a Joint Public Hearing held October 21, 2013, the Planning Commission recommended 6:0 to
approve a specific use permit to allow for expansion of a pipe processing, storage, and shipping
facility in an LI (Light Industrial) District at 5780 Hagner Road.
FUNDING SOURCE
Not applicable.
RECOMMENDATION
Approval of ordinance.
SPE-01,1C LSE
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CO,
Introduction
This proposal would purchase land adjacent to the current facility, build a new production building, an
office and a warehouse in order to double our current capacity. The additional capacity would beused
to support worldwide needs when our other plants are full.
Current plant
The Beaumont facility was opened in 1985 in order to thread large diameter pipe to make conductor
arid casing for shallow water drilling, More than half of the products we now sell involve welding
connectors onto pipe which was not envisioned back in 1985.The bulk of the current 40 acre site is
taken up by pipe storage racks,which hold both raw material and finished products we store until
customers need them.
The plant has two horizontal threading machines,one horizontal lathe,two vertical turret lathes,one
beveller, and two Stingray welding units. The threading machines are used to thread pipe.The smaller
lathes are used to thread connectors and metal protectors.The two threading machines and two
Stingrays are in four different buildings and pipe is moved around by fork lift from station to station to
complete the various,fabrication operations, which is very inefficient and creates aconstant safety
hazard. Non-destructive evaluation (NDE) of the welds is currently done by a third party X-ray company
in a remote area of the plant dedicated for Such.Similarly, post weld heat treatment(PVVHT)is also
done by a third party on some dedicated rocks.
The new production building is being designed for production welding. it has a double-ended welding
line where rovv pipe can be turned into conductor by welding connectors onto each end in an in dine
production environment. Each side of the line has a bevp||er' n Stingray welder,a grinder. a UT NDE
station and a post weld heat treatment area. |f any weld fails the NDE inspection the pipe is extracted
from the line and repaired atan adjacent manual welding station so production is not halted. }tbmuch
more efficient use of equipment and personnel.
The current Beaumont site has office buildings in three locations in the plant and an additional office
plus a warehouse on leased property adjacent to our land,which property is currently vp for sale, The
leased office outside nf our premises,which houses the most people of any of the office buildings,isa
security risk and the warehouse where we store our connectors and protectors is at the furthest point
from the production buildings.
The Beaomont plant is also used to prepare all R&D samples and perform welding qualifications for our
worldwide operations. After the 2UlOK8acondu disaster the focus of customers on materials and
welding qualifications has increased dramatically and each welding qualification can take several weeks
of capacity away from one of our two welding machines over a period of a couple of months,
SA R C 0
New facility plan
Two roads lead into the cvneru plant: l)trucks enter the plant on Gorman Rood on the western side of
the plant, 2) most of the staff and visitors enter the plant on Hagner Road on the eastern side.
These are the main aspects o/the building plans:
• Purchase acres to east of Gorman Road adjacent to north side nf current facility.
• Build a2OOf x 100ft warehouse with loading dock and shipping and receiving on two acres of that
new land. Use the other five acres for pipe storage racks for incoming pipe and staging area for
outgoing pipe.
• Demolish the current Gl building(shipping& neceiving),the 62 building (QA+ general meeting
'oom)and the small lathe building.
• On the area where wecurrently have G| + 62+ pipe racks there will bea new building incorporating
C l50ftx120ft double ended threading line for 40tjoints
� 300ft x I30ft double ended welding line for 40ft joints.Will have bevel,weld,grind, ND['
PVVHTand weld repair inthis building.
� 15Oftx40ft area for small lathes
o
QA office, maintenance office and locker/break room
• Build 200ft x 10Cft single story office + parking on east side of Hagne/where old pipe racks are.
This is how the operation would typically be done in the new plant:
• Load pipe onto main racks and connector into welding shop using fork lifts
• Bevel ends ofpipe
• Weld box connector
• Grind weld
• NDE (either UT or computed radiography) both ends. NDE would be done by our personnel &
equipment
• |f needed,doPVvHT using our personnel & equipment
• Move pipe to adjacent threading production building
• Thread pin onto pipe& apply phosphate
• Thread box connector & apply phosphate
• Move pipe onto take-off racks &then to main racks using fork lifts
Page
ORDINANCE NO.
ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE
PERMIT TO ALLOW THE EXPANSION OF A PIPE
PROCESSING, STORAGE,AND SHIPPING FACILITY IN AN
LI (LIGHT INDUSTRIAL) DISTRICTAT 5780 HAGNER ROAD
IN THE CITY OF BEAUMONT, JEFFERSON COUNTY,
TEXAS.
WHEREAS, Robert Hooper, on behalf of National Oilwell Varco-XL Systems, has
applied for a specific use permit to allow for expansion of a pipe processing, storage, and
shipping facility in an LI (Light Industrial) District at 5780 Hagner Road, being Block 106
Lots 1 and 4, Block 111 Lots 2-4, Block 112 Lots 1-5, Block 113 Lot 7, Block 121 Lot 3,
Block 122 Lot 1, and Block 123 Lot 1, JA Veatch Abstract, City of Beaumont, Jefferson
County, Texas, containing 47.125 acres, more or less, as shown on Exhibit "A," attached
hereto; and,
WHEREAS, the Planning and Zoning Commission of the City of Beaumont
considered the request and is recommending approval of a specific use permit to allow
expansion of a pipe processing, storage, and shipping facility in an LI (Light Industrial)
District at 5780 Hagner Road; and,
WHEREAS, the City Council is of the opinion that the issuance of such specific use
permit is in the best interest of the City of Beaumont and its citizens;
NOW, THEREFORE, BE IT ORDAINED
BY THE CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the statements and findings set out in the preamble to this ordinance are hereby, in
all things, approved and adopted; and,
Section 1.
That a specific use permit to allow expansion of a pipe processing, storage, and
shipping facility in an LI (Light Industrial) District at 5780 Hagner Road, being Block 106
Lots 1 and 4, Block 111 Lots 2-4, Block 112 Lots 1-5, Block 113 Lot 7, Block 121 Lot 3,
Block 122 Lot 1, and Block 123 Lot 1, JA Veatch Abstract, City of Beaumont, Jefferson
County, Texas, containing 47.125 acres, more or less, as shown on Exhibit "A," attached
hereto, is hereby granted to National Oilwell Varco-XL Systems, its legal representatives,
successors and assigns, as shown on Exhibit"B,"attached hereto and made a part hereof
for all purposes.
Section 2.
That the specific use permit herein granted is expressly issued for and in
accordance with each particular and detail of the site plan attached hereto as Exhibit "B,"
attached hereto and made a part hereof for all purposes.
Section 3.
Notwithstanding the site plan attached hereto, the use of the property herein above
described shall be in all other respects subject to all of the applicable regulations contained
in Chapter 28 of the Code of Ordinances of Beaumont, Texas, as amended, as well as
comply with any and all federal, state and local statutes, regulations or ordinances which
may apply.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 29th day of
October, 2013.
- Mayor Becky Ames -
8-P:-P
"ne and hippin" I,
` acllltry Request for a Specifle use permit for a pipe processing, storau s
ifl an Ll (Light Industrial) District,
'�OcAjon: -5780flagnerRoad
�ppllcant: Robert flooper
0 500
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October 29, 2013
Consider an ordinance approving a revised specific use permit to allow an expansion of a financial
planner's office in an RM-H (Residential Multiple Family Dwelling-Highest Density) District at
4184 Treadway Road
RICH WITH OPPORTUNITY
r
C �
T • E • X • A • s City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
R
PREPARED BY: Chris Boone, Director of Planning and Community
Development
MEETING DATE: October 29, 2013
REQUESTED ACTION: Council consider an ordinance approving a revised specific
use permit to allow an expansion of a financial planner's
office in an RM-H (Residential Multiple Family
Dwelling-Highest Density) District at 4184 Treadway Road.
BACKGROUND
Tim Satre, on behalf of Satre Investments, LLC, has requested a revision to an existing specific use
permit.
The initial specific use permit was approved in 1998. At that time, the existing residential building
was modified into office space and parking was added. The proposed expansion includes the
construction of two new buildings for the expansion of his business. The proposed buildings would
be one story buildings and would not visually impact the surrounding neighborhood. Parking will be
constructed as required by ordinance, and utilities exist on the site to handle expected demand to
meet the requirements of the City.
Mr. Satre is requesting a waiver to the 8' privacy fence on the south side of the property. In addition
he is requesting a waiver to landscape and screening requirements along the north and south
property lines.
Please note that final occupancy approval is subject to review and acceptance of submitted plans
and field inspections to verify compliance with applicable codes.
At a Joint Public Hearing held October 21, 2013, the Planning Commission recommended 6:0 to
approve a revised specific use permit to allow an expansion of a financial planner's office in an
RM-H District at 4184 Treadway Road with the following condition:
• Based on aerial views of the site, it appears the building to the south is currently
buffered by trees; therefore, if trees are removed as part of this expansion project, the
required fencing should be waived only for the front 200' of the south property line.
FUNDING SOURCE
Not applicable.
RECOMMENDATION
Approval of ordinance with the following condition:
• Based on aerial views of the site, it appears the building to the south is currently
buffered by trees; therefore, if trees are removed as part of this expansion project, the
required fencing should be waived only for the front 200' of the south property line.
SPECIFIC USE PERMIT APPLICATION
BEA S
(Chapter zx.CovC"d `)
!D: 1]11 N\|HU COMM|3S|0N &NDOTY00ONCU CITY OF }\EAO>101.\T' TEXAS
APpUCAvr3 NAN[:
APPL\CA\[3
F S H V\ y||
NaKiC0[ouNEK
ADDRESS 01, oV/MEK �
Az|0[�T|KHoFPFu`{`CK[Y
LEGAL DESCRIPTION OFPROP[Kr/: '
LOT N10.1 OR TRACI
u///'uNu PLAT_
ADDI FION AV-
For properties not in, recorded subdivision,submit xxnp�ofx current survey v,plat,b""ing the properties proposed for u specific use
permit,o^o n,vmp|r.r|oou|fie|d note description.
17
,K0P0SI'urSE
ATiAr8 A /.FITTuK describing Lill processes and nchvxirsinwdndwkh thermpv�cd uses.
ATTACH A S|T6 PLAN dnu,n to s,dx with the inK/nnudoo listed on the top hack side v(U,i,/hoct.
ATTACBA RED[CED8'/2`'% i\^ PUVT0C0y}0F THE SITE PLAN.
THE EIGIITCONDITIONS listed on the back side ofthis sheet must be niet hel'ore('it\ Council cangrantil specific uic permit. PLEASE
xDDB0SS EACH CONDITION lNDETAIL.
ATTACH THE APPROPRIATE,APPLICATION FEE-:
| L3STHAN !,ACRE......—......... -----...................... ......S2.�000
,A[K[0Ky00|<[ANU LESS TIAN �CKES..... ............�S'450.O0
� tCR[S OR \4()KE-- ...........— ... ... ............ ......... ...........%65V.00
I. tein�o the uJooiLncd applicant.understand Uh all ofthe conditions.Jimensions,b i|0ir)L sizes. landscaping and parki i the
SIGNA-111iU OF
PLANNINGD!VlBON
DO| MAIN gTRE6F ROOM 201
DLxUK|01T�TX 77701
1111",N[m8[x:
DATEKEC[|vFV Pbonc-/40v 88o-3764
' Fxx (409)880-31 3
September 25, 2013
City of Beaumont
Att: Mr. Kyle Hayes City Manager
Re: 4184 Treadway Rd. Beaumont, Texas 77706
From: Satre Investments LLC, Tim C. Satre, Managing Partner
Mr. Hayes,
I originally purchased this property in 1998 to provide office space for Satre
Financial Group Inc.. At that time I applied and received a specific use permit and
have been operating under that permit since 1998. In 2005 1 started Satre
Investments LLC to own and manage all commercial real estate that I owned and
in October of 2006 ownership of this property was transferred from Tim & Alicia
Satre to Satre Investments LLC. Satre Financial Group in 1998 until 2012 ran a
financial planning practice associated with Raymond James Financial Services,
which home office is located in St. Petersburg, Florida. In August of 2012 1
switched my affiliation from Raymond lames to Ameriprise Financial Services
whose home office is located in Minneapolis, Minnesota.
My services have remained the same as I provide financial planning and asset
management for individual families, and small businesses. EDS LLC, also managed
by Tim Satre is also housed out of this building which provides tax planning advice
and preparation to individuals and small businesses as well as divorce planning
services to individuals and their attorneys since 2002. We currently have 4 total
employees for both businesses including myself.
My plan is to build a new building to accommodate the growth of both these
businesses. I will keep the existing structure in place with a few updates and
improvements to lease to other professionals such as attorneys, CPA's, insurance
agents, mortgage brokers and other financial service professionals to provide a
"One Stop Shopping" for all the above services that these professionals provide. I
have discussed this idea with some of the current professionals I work with and it
has been received favorably, but with one caveat; they need to see what the
building would look• like. In essence I am operating under the "Field of Dreams
Theory", build it and they will come.
Assuming the city will continue to allow me to operate under a new specific use
permit, I will submit for approval all improvements according to the adopted
building codes by the appropriate professionals assisting me in construction. If
you would like more information regarding the above businesses you may go to
www.ameriprise com, and www.divorceandmoneyhelp.com to review these
services.
s muted,
Resp
I C. - tre
Managing Partner
Satre Investments LLC
Regarding the attached site plan: I would like an exemption on the 8' privacy
L;T-A-.\
fence on the=t side of the property. In addition to this exemption I also would
like an exemption on the landscaping screening on the North,-West and the South
side of the property. These exemptions are reflected in the site plan submitted.
I Cl/
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*Approval with the followim-, condition: EX15T, t
• Based on aerial �iews of the site, it appears the buildin,� to the
South is currently buffered by, trees;therefore,if trees are
1-emoved as part of this expansion project,the required fencing 7"pzw4DU"4
should T;
be waived only for the front 20W of the south property line.
2X17
-F-RCIAL 517 PLA1N
517E INFORI-1,470N FROVIDED 31' OWNER
AND NOT r-Y EREND54;S
ORDINANCE NO.
ENTITLED AN ORDINANCE ISSUING AN AMENDED
SPECIFIC USE PERMIT TO ALLOW AN EXPANSION OF A
FINANCIAL PLANNER'S OFFICE IN AN RM-H
(RESIDENTIAL MULTIPLE FAMILY DWELLING-HIGHEST
DENSITY) DISTRICT AT 4184 TREADWAY ROAD IN THE
CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS.
WHEREAS, on August 11, 1998, City Council approved Ordinance No. 98-51
issuing a specific use permit to Tim C. Satre to allow a financial planning and brokerage
office in an existing residence in an RM-H (Residential Multiple Family Dwelling-Highest
Density) District at 4184 Treadway at Collier Road intersection, City of Beaumont,
Jefferson County, Texas; and,
WHEREAS, Tim Satre, on behalf of Satre Investments, LLC, wishes to amend the
specific use permit to allow the construction of two new buildings for the expansion of the
business and to allow a waiver to the 8' privacy fence requirement on the south side of the
property and a waiver to landscape and screening requirements along the north and south
property lines in an RM-H (Residential Multiple Family Dwelling-Highest Density) District
at 4184 Treadway Road, being Tract 109 F, Plat D-22 of the F. Bigner Survey, City of
Beaumont, Jefferson County, Texas, containing 0.92 acre, more or less, as shown on
Exhibit 'A" attached hereto and made a part hereof for all purposes; and,
WHEREAS, the Planning and Zoning Commission of the City of Beaumont
considered the request to amend the specific use permit to allow the construction of two
new buildings for the expansion of a financial planner's office and to allow a waiver to the
8' privacy fence requirement on the south side of the property and a waiver to landscape
and screening requirements along the north and south property lines in an RM-H
(Residential Multiple Family Dwelling-Highest Density) District at 4184 Treadway Road,
subject to the following condition:
• Based on aerial views of the site, it appears the building to the south is
currently buffered by trees; therefore, if trees are removed as part of this
expansion project, the required fencing should be waived only for the
front 200' of the south property line
and,
WHEREAS, the City Council is of the opinion that the amendment of such specific
use permit is in the best interest of the City of Beaumont and its citizens; ,
NOW, THEREFORE, BE IT ORDAINED BY THE
CITY OF BEAUMONT:
THAT the statements and findings set out in the preamble to this resolution are hereby, in
all things, approved and adopted; and,
Section 1.
That Ordinance No. 98-51 be amended by amending the specific use permit granted
to Tim Satre, on behalf of Satre Investments, LLC, its legal representatives, successors,
and assigns for that certain tract shown on Exhibit "A," attached hereto and made a part
hereof for all purposes, to allow the construction of two new buildings for the expansion of
the business and to allow a waiver to the 8' privacy fence requirement on the south side
of the property and a waiverto landscape and screening requirements along the north and
south property lines in an RM-H (Residential Multiple Family Dwelling-Highest Density)
District at 4184 Treadway Road as reflected in the site plan attached hereto and made a
part hereof for all purposes as "Exhibit "B," subject to the following condition:
• Based on aerial views of the site, it appears the building to the south is
currently buffered by trees; therefore, if trees are removed as part of this
expansion project, the required fencing should be waived only for the front
200' of the south property line.
Section 2.
Notwithstanding the site plan attached hereto as Exhibit"B,"the use of the property
herein above described shall be in all other respects, subject to all of the applicable
conditions and regulations contained in Ordinance No. 98-51 and the regulations contained
in Chapter 28 of the Code of Ordinances of the City of Beaumont, Texas, as amended, as
well as comply with any and all federal, state and local statutes, regulations or ordinances
which may apply.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 29th day of
October, 2013.
- Mayor Becky Ames -
[FIle 2189-P: Request for a revised specific use permit to allow an expansion of a financiai 'N
Manner's office in an RM-H (Residential Multiple Family Dwelling-Highest Density'
)istric't.
ia.,ovation: 4184 Treadway Road
N T )Iicant: Tim Satre, on behalf of Satre Investments, LLC o 200 400
Feet
Legend
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5
NEW LAND5C,4FE 5CREENINC-z WILL E3E: 5r Ll�
6' T ALL cf;PY-r'E MT-RTLE5 3"CALLIFET2S
ArGA 'WAL Ma
OLE
3' TALL 47ELIAS EUSH OR EVEF-'r--FZEaN
EX'15T. (STY
EUSH 0";r-s SUILOIN(n sacs
AFFeCX. 18'W-r,
MAINTAINED
P*
3' LLPHEN MATURE
NEW nRIVFL'J4Y WILL BE CONCRETE ExlT KI 01REEN
EXACT ME,45URETIENTS OF AND LOCATION
Or FD<IST1NCt BUILIDIN6 NOT CONFIRMED
E,-r BRENDA'U DRAWING 504PUD
V,
CLOSEST LOCATION or- ExIsTiNcr- FIRE HYDRANT
4CF05e STREET f=ROr-1 SATRE iNVE5TMF?11T5
WITWIN 40' '-RAN-
1 F-XIT
.RA.,fp
I - QI
AR Z ,
L1014TED$it-
*Approval with the following condition: EXJ5T 14 AP-A
,
P1VrW4-
Based on aerial views of the site, it appears the building to the
MA,�Pfa
South is currently buffered by trees;therefore,if trees are
removed as part of this expansion project,the required fencing
should be waived only for the front 200' of the south property line. FRO L)
EXIT -CA
DRAWING eCARD
1770- S - 6, LL(--
ATRE INVE5Tr 1ENT
GOP"MEFCIAL SITE PLAN
51TI= INFORMATION PROVIDED fBY OINIFF
AND NOT YFfRIFEE) f5Y 5R-1ND54;5 DRAWING —;::1OAP D
EXHIBIT "B"
3
October 29, 2013
Consider an ordinance approving the abandonment of a 5' x 112.63' utility easement (sanitary
sewer) that roughly bisects Lot 5 and part of Lot 6, Block 11 of the Fourth Street Acres Addition
RICH WITH OPPORTUNITY
ark
t
T • E • X • A • S City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Chris Boone, Director of Planning and Community
Development
MEETING DATE: October 29, 2013
REQUESTED ACTION: Council consider an ordinance approving the abandonment of
a 5' x 112.63' utility easement (sanitary sewer) that roughly
bisects Lot 5 and part of Lot 6, Block 11 of the Fourth Street
Acres Addition.
BACKGROUND
Sally Broussard, on behalf of Spindletop Center, has requested the abandonment of a utility
easement.
This easement is a 5' strip of land that roughly bisects Lot 5 and part of Lot 6, in Block 11 of the
Fourth Street Acres Addition. It is approximately 113' long. Property owners in the area have
signed an application indicating their approval and interest in the abandonment.
This item was sent to all interested parties. There is a 6" sanitary sewer line in the easement. The
owner has indicated that the sanitary sewer line will be relocated to the easement located on the
west side of the property and out to 8th Street.
At a Joint Public Hearing held October 21, 2013, the Planning Commission recommended
approval 6:0 to abandon a 5' x 112.63' utility easement (sanitary sewer) that roughly bisects Lot 5
and part of Lot 6, Block 11 of the Fourth Street Acres Addition.
FUNDING SOURCE
Not applicable.
RECOMMENDATION
Approval of ordinance.
APPLICATION FOR RIGHT-OF-WAY
OR UTILITY EASEMENT ABANDONMENT
CITY OF BEAUMONT, TEXAS
THIS IS AN APPLICATION TO ABANDON A: RIGHT-OF-WAY(ROW), UTILITY EASEIt�NT(UE)
OR RIGHT-OF-WAY BUT RETAIN UTILITY EASEMENT.
JR��y �o.�s F}rco
Br-a �{a,34 c 409-839-2224 409-839-2268
NAME OF APPLICANT: PHONE: FAX:
.AUTHORITY OF APPLICANT: Housing Administrator
NAME OF ONVNBR: Spindletop Center
ADDRESS:
2750 S. 8th Street PHONE: 409-839-2224 FAX: 409-839-2268
ALL OWNERS :ABUTTING THE ROW OR UE MUST SIGN WRITTEN REQUEST.
(PLEASE ATTACH PROPERTY OWNER'S LIST TO THE APPLICATION)
DESCRIP �N OF ROW OR UE TO BE ABANDONED: Sewer Easement, Bisecting Lot 5& Partial of Lot 6 Block 11
to DD6 Easement , 5x 113'Sewer Easement
PRESENT USE OF ROW OR UE (LIST UTILITIES IF PRESENT) Existing 6" Sanitary Sewer
ATTACH A LETTER STATING THE REASONS FOR THE .ABANDONMENT.
LEGAL DESCRIPTION OF PROPERTY:
LOT NO. 5 & 6 OR TRACT
BLOCK NO. 11 PLAT
ADDITION Fourth Street Acres Addition SURVEY
ATTACH A MAP OR PLAT DELINEATING THE PUBLIC ROW OR UE TO BE ABANDONED AND THE LEGAL DESCRIPTION
OF ADJACENT PROPERTY(DIMENSIONED AND TO ENGINEERING SCALE).
.ATTACH THE$300.00 APPLICATION FEE,THE ACTUAL COST OF NECESSARY APPRAISALS AND TITLE COMMITMENTS.
IF PROPERTY IS ABANDONED,:APPRAISED VALUE OF THE FEE INTEREST IN THE PROPERTY SHALL BE CHARGED.
TO THE BEST OF MY KNO'\XIEDGE,THE ABOVE INFORMATION IS TRUE AND CORRECT.
SIGNATURE OF APPLICANT:__ C11a DATE�?13
i
PLEASE TYPE OR PRINT AND SUBMIT TO: PLANNING DIVISION,ROOM 205
CITY HALL, 801 MAIN STREET
BEAUMONT,TX 77701
FILE NUMBER: P.O.BOX 3827 77704
DATE RECEIVED: (409) 880-3764 FAX(409) 880-313=
RECEIPT NUMBER:
APPLICATION FOR PUBLIC RIGHT-OF-WAY,ALLEY OR UTILITY EASEMINT ABAINDOINMEN-11'
Application Owner-ship List
Date: August 23, 2013
We, the undersigned, being the sole owners of all the property abutting the proposed abandonment
of Sewer Easement, Bisecting the Lot 5& Partial Lot 6 of Block 11
hereby respectfully petition
that the right-of-way, alley, or utility easement be closed and abandoned.
OWNER and ADDRESS Lot Block Addition
(tract) (tax plat) (survey) Fourth Street Acres
Spindletop Center, 2750 S. 8th Street 5 11 Addition
Fourth Street Acres
Spindletop Center, 2750 S. 8th Street Partial 6 11 Addition
NOTE: Please print or type your name and then use signature. Separate sheets may be used.
F� ��0�^�
������� ��)�������������*�
�� �
|NC�
ConsultinaEn ginrnzuud[ond Sun-�yoo
Ronald o. Fiuz' pE, n.p1l(/n40'lyor)
Terry G. Shipman, r./, Chaimno
Billy J�Smith'jr, presid-o!
uwaNR. King, RE
uuxr|. Kuazc6' xp� .s.
August 28. 2O13
Mr. Bill Cobabe
Planning Department
City of Beaumont
P. O. Box 3287
Beaumont, Texas 77701
RE: Spind|etopCenter, 2750 S. Dm Street FS Pnj' No. 12030
Abandonment of5 foot Sewer Easement
Dear Mr, Cobabe.
The Spind|etop Center requests the abandonment ofa 5' wide sewer easement from the Lot 5 and Lot of
Block 11 in the Fourth Street Acres Addition. This request is made to allow construction of the proposed
housing facilities and allow construction of expanded educational support facilities on the site. Hiatorioa||y,
the block was consisted of single family residential housing with sanitary sewer easement in the rear.
Hovvevor, the sewer easement portion to be abandon no longer serve residents current|y. |tieanticipated
that all public utilities can be relocated from the existing sewer easement and the City will retain portions of
sewer easement unaffected.
The City of Beaumont has a S" diameter sanitary sewer line run along S Eighth Street near the area We
plan to remove and replace the existing G^ sanitary sewer line to S. Eighth Street to serve the proposed
construction and existing construction in cocper@tion with the City of Beaumont. An existing 5 foot easement
to allow access & maintenance is proposed. It is our understanding that the existing O" sewer line can be
abandoned with minor construction to fully deactivate the line. It is anticipated that the cost for installation of
new 6~ sewer line to the south of existing bui|dinga, connection to existing sanitary manho|e, and
abandonment of a section of the existing line will be borne by the Spindletop Center
Please contact rne regarding questions orcomments.
Sincerely,
FITTZ & SHUPMAN, DNC
--
by� ilen Thshan. BI
for the Finn
123-10"na"do"ItC/dc:
Attaohments� $3OO.00 filing fee
• Abandon Easement Application
• Abandon Map & Description
l|OS Cornerstone Court - Beaumont, Texas 77706 - (409) 8}2-7238 - fax (409) 832'7}0]
[x Board co Pro(EnDinccrs Firm No. ll6O° Tx Board' f Prof Land Surveyors Firm No. |0Ol0b
ORDINANCE NO.
ENTITLED AN ORDINANCE VACATING AND ABANDONING
A 5'x 112.63'SANITARY SEWER UTILITY EASEMENT THAT
ROUGHLY BISECTS LOT 5 AND PART OF LOT 6, BLOCK
11 OF THE FOURTH STREET ACRES ADDITION, CITY OF
BEAUMONT, JEFFERSON COUNTY, TEXAS.
WHEREAS, Sally Broussard, on behalf of Spindletop Center, has applied for an
abandonment of a 5' x 112.63' sanitary sewer utility easement that roughly bisects Lot 5
and part of Lot 6, Block 11 of the Fourth Street Acres Addition, City of Beaumont, Jefferson
County, Texas, being a sanitary sewer easement bisecting Lot 5 and part of Lot 6, Block
11, Fourth Street Acres Addition, City of Beaumont, Jefferson County, Texas, as shown
on Exhibit 'A" attached hereto; and,
WHEREAS, the City Council has considered the purpose of said abandonment and
is of the opinion that the sanitary sewer utility easement is no longer necessary for
municipal street purposes and the abandonment of said sanitary sewer utility 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 5' x 112.63' sanitary sewer utility easement that roughly bisects Lot 5 and
part of Lot 6, Block 11 of the Fourth Street Acres Addition, City of Beaumont, Jefferson
County, Texas, being a sanitary sewer utility easement bisecting Lot 5 and part of Lot 6,
Block 11, Fourth Street Acres Addition, City of Beaumont, Jefferson County, Texas, as
shown on Exhibit'A,"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 29th day of
October, 2013.
- Mayor Becky Ames -
I rr-
j
e8`9-OB: Request for i he a ba
elver). tn don men t of a ,)-' x 112,631
I 'OcatiOn: Bisecting Lot 5 and part of Lot 6, Block 11
Fourth Street Acres Additior
I
�pp��cant: Sally Broussard, on behall'of Spindletop Center 0 100 200
Feet
Legend
83908
R-S
ROBERTSST
R-S
R-S
RM-H
RM-H
----------
FRANCESOPL
EXHIBIT "A"
Fattz&Shipman
Consulting Engineers and Land Surveyors
Ronald D. Fit- P.E.,R.P.L.S. (1943-1987) Donald R. King, P.E.
Terry G. Shipman, P.E_,Chairman Walter J. Ksiazek, R.P.L.S.
Billy; Smith i', P,esiden;
EXHIBIT A, PAGE I OF 3
FIELD NOTE DESCRIPTION
OF A
0.0129 ACRE TRACT
FOR THE
ABANDONMENT OF A
5' WIDE SEWER EASEMENT
OUT OF THE
DAVID BROWN SURVEY, ABSTRACT 5
JEFFERSON COUNTY, TEXAS
AUGUST 29, 2013
That certain 0.0129 acre tract for the abandonment of a 5' wide sewer easement out of
the David Brown Survey, Abstract 5, Jefferson County, Texas, being across a called 1376
acre tract described in a Deed of Trust between Spindletop Housing Corporation and
Department of Housing and Urban Development as recorded in Clerks File No.
2013024175 of the Official Public Records of Jefferson County, Texas, said 5' wide sewer
easement granted to the City of Beaumont as recorded in Volume 810, Page 467 of the
Deed Records of Jefferson County, Texas, said 1.876 acres being more particularly
described by metes and bounds as follows.-
Note: Bearings are based on the east line of the said 1.876 acre tract being South 329.99
feet.
COMMENCING at a capped iron rod found at the intersection of the west line of a 45'
wide drainage easement and the south right-of-way line of Roberts Street for the
northeast corner of the said 1.876 acre tract;
THENCE South along the said west line of a 45'wide drainage easement and the east
line of the said 1.876 acre tract a distance of 147.79 feet (called South) to a point for the
northeast comer of the said 0.0129 acre tract and the POINT OF BEGINNING;
THENCE South continuing along the said west line of a 45' wide drainage easement and
the said east line of the 1.876 and 0.0129 acre tracts a distance of 5.00 feet (called South
5.00 feet) to a point for the southeast corner of the said 0.0129 acre tract from which a
capped iron rod found for the southeast corner of the said 1.876 acre tract bears South
177.20 feet (called South);
Fittz &Shipman, Inc.
Page 1 of 2
Project No. 12030AbanEsmt
Plat& Description
1405 Cornerstone Court • Beaumont, Texas 77706 • (409) 832-7238 • fax (409) 832-7303
Tx Board of Prof Engineers Firm No. 1160 • Tx Board of Prof Land Surveyors Firm No. 100186
EXHIBIT A, PAGE 2 OF 3
THENCE North 89`54'23" West along the south line of the said 0.0129 acre tract a
distance of 112.63 feet (called West 112.50 feet) to a capped iron rod found for an interior
corner of the said 1.876 acre tract, the southeast corner of a tract conveyed to Rena
Robinson Reed as recorded in Clerks File No. 9819596 of the Official Public Records of
Jefferson County, Texas and the southwest corner of the said 0.0129 acre tract;
THENCE North 00°00'49" East along an interior line of the said 1.876 acre tract, the east
line of the said Reed tract and the west line of the said 0.0129 acre tract a distance of
5.00 feet (called North 00°00'49" East 5.00 feet) to a point for the northwest corner of the
said 0.0129 acre tract from which a '/2" iron rod found in the south right-of-way line of
Roberts Street for the northeast corner of the said Reed tract and an exterior corner of the
said 1.876 acre tract bears North 00°00'49" East 147.63 feet (called North 00°00'49"
East);
THENCE South 89°54'23" East along the north line of the said 0.0129 acre tract a
distance of 112.63 feet (called East 112.50 feet) to the POINT OF BEGINNING and
containing 0.0129 acre of land, more or less.
This description is based on a survey made by Fittz & Shipman, Inc. during April 2013.
Walter J. Ksiazek
Registered Professional Land S eyor No. 532
Fittz &Shipman, Inc.
Page 2 of 2
Project No. 12030AbanEsmt
Plat & Description
EX 031T A, PAGE 3 OF 3
FOUND ROBERTS STREET COMMENCING
(ASPHALT ROW) POINT
IRON PIPE FOUND I/ -FOUND
/-F DUN- 5/8' IRON W �12 60) CAPPED
'7) IllfN
(CALLED S 89'58'Cl" IRON Poll CALLED N 89'59'25
S 89'58'07" E 75A7 N 89*,59'25" W 112.60 Rc
S 89'4344 WIlIZ53
(CAftED 5 89'43'44"�W 112,53)
R=NA ROBINSON FEED
CLERKS FILE NO. 961959e, o P P J.c
LID
CN
Lr) rn
C.)
POINT OF
p
c�C)
-,(D BEGINNING
va,z I ABANDONMENT
5' WIDE
z SEWER EASEMENT
i-FOUND FOUND 0.0129 ACRE
E- CAPPED CAPPED
FOUND 1/2" IRON ROD RON lllll�
IRON ROD (CALLID N 59'43'46" E 112,53) L4
N 89'43'46" E 11253 ———————
E-
ITY Ll
U) Tf- L3 L2
5, WE EASEMtNT
SEWER I
7 CITY OF BE ONT
VOL, 810. P,3 464, D AUM
5' SEWER EASEMENT
VOL. Blo� PC 467, D.R,JC.
E— ABANDONMENT co U)
5' WIDE
�SEWER EASEMENT i
C6 0.0129 ACRE
Lo m 00
cn
CQ
C K
0
L 0
-c' LOT b
FOURTH STREET ACRES ADDITION
p
o VOL, 6. PC, 99, M-RJ.C.
1.876 ACRES
FOUND 1;2" 1 ROUND POUND
CAPPED
CAPPED
CA
IRON ROD a
224.7 2 IRON ROD IRON ROD
0.12' NORTH
75,02 112.65
89'57'17"
t"/ 11 W 299.74—
(CALLED 5 8,57*17' W 29934)
FOUND 1/Z"
IRON ROD NOW OR FORMERLY NUMBER DIRECTION DISTANCE
WIHMR OF SOUTHEAST TEXAS
FILM CODE 101-89-2308, R.P.R.J,C, Li SOUTH OO EL
(APPROXIMATE 0.833 ACRE) CALLED SOUTH 5,00
Do
L2 -W--89-5,V23" W 112.63
SURVEYOR'S CERTIFICATION CALLED WEST
I DO HEREBY CERTIFY. TO THE ISESf OF MY KNOWLEDGE AND BELIEF, 5.00
THAT THIS IS AN ACCURATE PLAT OF A SURVEY & DESCRIPTION MADE L3 N 00*0049" E
ON THE GROUND UNDER MY SUPERVISION DURING APRIL 2013. CALLED IN 00'0049- E 500
L4 ---I S 89-54'23" E 112.63
CALLED JEAST 1125D
WALTER J. KSIAZEK
REGISTERED PROFESSCONAL LA URVEYOR NO 21
0 25 50
C A L E
0:\PROJECTS\12030 - spmdict-P Cent-\s--ATASK 4\12D30ft.A—tdwq Aug 29, 2013 03:06p-
ABANDONMENT OF A 5' WIDE SEWER EASEMENT SHEET NO.
Fi ttz&Shilpman
INC. PROJECT NAME: MHMR OF SOUTHEAST TEXAS 3
(;—king Engineers and L4nd Sumeyrrs d/b/a SPINDLETOP CENTER
1405 CORNERSTONE COUR-, BEAUMONT, TEXAS BEAUMONT, TEXAS PROJECT NO
A 12030
(409) 832-7238 FAX (409) 832-730.) DATE:8-29—13
----I
4
October 29, 2013
Consider a request for abandonment of a 10' x 138' long utility easement at 5690 Kingswood
Drive
RICH WITH OPPORTUNITY
r
C �
T • E • X • A • s City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
C Y�
PREPARED BY: Chris Boone, Director of Planning and Community
Development
MEETING DATE: October 29, 2013
REQUESTED ACTION: Council consider a request for abandonment of a 10' x 138'
long utility easement at 5690 Kingswood Drive.
BACKGROUND
Helbig CDC is requesting abandonment of a utility easement.
Time Warner Cable has agreed to abandon the most easterly half(5'x138' portion) of the easement.
This parcel has an unusual series of setbacks and easements. There is a 10' road easement along
Garner Road, which is followed by an adjacent 10' utility easement. These easements are followed
by the standard building setback. The combination of these easements and setbacks creates a
condition in which it is difficult to construct a residence. Abandoning the easement will allow the
builder to construct the desired home, and all utilities can be located in what is called the road
easement.
This item was sent to all interested parties. Because Time Warner has a cable in the western part
of the easement, they have no objection to abandoning the eastern part. Staff recommends
abandonment of the eastern half of the 10' x 138' easement. The City will retain the road
easement and locate any potential utilities in that location.
At a Joint Public Hearing held October 21, 2013, the Planning Commission recommended
approval 6:0 of the abandonment of the eastern half of the 10' x 138" easement.
FUNDING SOURCE
Not applicable.
RECOMMENDATION
Approval of ordinance.
APPLICATION FOR RIGrUT-OF-WAY
OR tT
TILITY EASEMENT ABANDONMENT
CITY OF BEAUMONT, TEXAS
'ITIIS IS AN APPLICATION TO ABANDON A: RIGHT-OF-WAY(ROIk'), UTILITY EASEIMENJ (L;E)
OR RETAIN UTILITY EASEMENT.
:
NAME OFAPPL,ICANl':,'�--,r- PHON'E FAX:
AUTHORITY Oh APPLICANT:
NAME OF OW-NFIR: I. :'i
7
ADDRESS: PH ON7E: FAX:
AIA, OWNERS ABUT't ING THE ROW OR UE MUST SIGN WRITTEN REQUEST.
(PLEASE ATTACH PROPERTY OWNER'S LIST TO'rf IE APPLICATION)
i
DESCRIPTION OF ROW OR UE TO BE ABANDONED:
"Pip, CFF Lg�rr
5''5 aL
PRESENT USE OF ROW OR UE(LIST UTILITIES IF PRESENT) j
ATTACH A LETTER STATENG THE REASONS FOR THE ABANDO'NNJENT.
LEGAL DESCRIPTION OF PROPERTY:
LOT NO.---1 OR TRACT_
Bf-OCK NO. PLAT
ADDITION
SURVEY
ATTACH AIMAP OR PLAT DELINEATENG THE PUBLIC ROW OR UE TO BE ABANDONED AND THE LEGAL DESCRIPTION
OF ADJACENT PROPERTY(DIMENSIONED AND TO ENGINEERING SCALE).
ATTACH TILES;00.00 APPLICATION FEE,THE ACTUAL COST OF NECESSARY APPRAISALS AND`TITLE COTNINUTMENTS.
ff"PROPERTYIS ABANDONED. APPRAISED VALUE OF THE FEE INTEREST IN THE PROPERTY SI IALI.BE CHARGED,
TO THE BEST 0FJ\'IYJ\'NC\%lTEDGE,THE ABO\,'F-.,. INFORMATION IS TRUE AND CORRECT.
SIGNATURE Oh APPI-ICANT:
A— DATE:
PLEASE "I OR PKU NT`AND SUBMIT TO: PLANNING DIVISION,ROOM -205
CITY HALL, 801 MAIN STREET
BEAU MONT,TX 77701
FILE NUMBER: P.O. BOX 3827 77704
D.A I'E RECEIVED: (409) 990-3764 FAX (409) 880-313-,
.k?PLIC-,k'HON FOR PUBUC WGIIT-OF-WAY,ALLEY OR UTTILrrY F-ASEMENT ABIkNDGINMEN7
Application 0%-nc-,-shjp Llis-,
Date:
We, the undersigned, being the sole owners of all the property abutting the proposed abandonment
fw I o �4 91,�ck z 4L to f
hereby respectfully petition
that the right-of-way, alley, or utility easement be closed and abandoned.
OWNER and ADDRESS Lot Block Addition
(tract) (tax plat) (survey)
NOTE: Please print or ty pe your name and then use signature. Separate sheets may be used.
Helbig Community Development Corporation
"Dedicated to Empowering Individuals, Families, and the Community"
3495 Roland Road Beaumont,Texas 77708 TEL.NO.(409)892-2456 FAX"Nt3,(409)892-2456
Dr.Airon Revnolds_Jr.,Exccutivc Director Email:helbi2cdc0.,aol.com
September 27. 2013
Planning Division,Room 205
City Hall,801 Main Street
Beaumont,TX 77701
To Whorn It May Concern;
We are requesting at 5690 Kingswood Drive (Lot 1, Block 2 of the Kingswood Place Subdivision) the
Utility Easement Abandonment(25 feet from Kingswood Dr. and 15.5 feet from Gardner RD)of 45.5 in
length and 4.5 feet in xA idth abandoned.
The purpose for the abandonment is that a new residential construction was built on the property.
We are paayet-iul for an affirmative response.Thank you.
Sincerely,
Dr. Airon Reynolds, Jr.
Executive Director
WIN-,Community Development Corporation is a Non-Profit Corporation with IRS 501(c)(3)Tax-Exempt Status
OB:
A request for abandonment of a utility ease ent no existing
rw on: 5690 Kingswood Drive � utiiities�a
pPiicant: Helbig CDC
0 100
200
Feet
I egend
_ . R-S �'
8410B
D MINNER DR ~
M
z
i M
I X
R-
R-
KINGSWOOD DR
tzt �
- -
C
I
ORDINANCE NO.
ENTITLED AN ORDINANCE VACATING AND ABANDONING
A 5' X 138' UTILITY EASEMENT AT 5690 KINGSWOOD
DRIVE, CITY OF BEAUMONT, JEFFERSON COUNTY,
TEXAS.
WHEREAS, Helbig CDC has applied for an abandonment of a 10' x 138' utility
easement at 5690 Kingswood Drive, City of Beaumont, Jefferson County, Texas, being a
10' x 138' utility easement located in the easterly portion of Lot 1, Block 2, Kingswood
Place Subdivision, City of Beaumont, Jefferson County, Texas, being 1,380 square feet,
more or less, as shown on Exhibit 'A" attached hereto; and,
WHEREAS, Time Warner has a cable in the western half of the easement; and
WHEREAS, the City Council has considered the purpose of said abandonment and
is of the opinion that the eastern half of the utility easement is no longer necessary for
municipal street purposes and the abandonment of the eastern one-half of said utility
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 the eastern half of the 10' x 13' utility easement at 5690 Kingswood Drive,
City of Beaumont, Jefferson County, Texas, being 5' x 138' of the 10' x 138' utility
easement located in the easterly portion of Lot 1, Block 2, Kingswood Place Subdivision,
City of Beaumont, Jefferson County, Texas, being 690 square feet, more or less, as shown
on Exhibit 'A" 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 29th day of
October, 2013.
- Mayor Becky Ames -
0.i"J
Found E 7 11
Found
Coppe 213,
Fc'! Capped Rod
--s 3 5-�9'5 2' E 7 0.
T'-
--F u n,i lizl
Lot I
Block 2
(1) Revised survey or
August 19, 20113 to reflect
'J�OD co �0 1"We Com-riimen't
cc)v,d Porch - -,fi:
7 F-- 13 4535031 dated Duly ?1,
2C'3.
4. UJ W
ct o A I A\c C� Co
o-E
9'T 5 — 'i
c
14, .C) r ,c� . fJ
o C, C-1 S I cD
z z
One Story Brick on sob
13.6'
\: 1.2'
-Cov"d entry
2 25' bu[ld_no setback
io' utility easernent
-----------------------------------------
it
�5)
Fourd
Capped Rod
Found S 69*40'28' W 70,57' Found
Capped Rod 89°37'49' W 7 0.5 9') Capped Rod N 89*47'29' E 60.00'
Kingswood Drive
SCALE 1 20* "t-:: 7324535031
PREPARED EXCLU-SWELY F-L),l?: Lena Mae Adams
1, Joe A. Mottox, Texos Registerac Professional Land Surveyor No. 1535, do hereby certify that I hove made a
survey on the around of the property legally described hereon, thot the survey is correct, and that there are no
discrepancies or conflicts, shortages in boundaries, intrusions, protrusions, or overlapping of improvements, or
visible utility lines or roods in 'olace. except as shown hereon, and that said property has access to and from a
:__dicoted public roodwo/, unless otherwise rwise shown hereon. Survey dated: December 04, 2012.
the Subject tract being located
und being described
recorded in Clerk's File No -AMQ7QD955-Q-of the Official Public Records of Jefferson County, Texas.
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Subject tract is located in Flood Zone X
41W
Community Ponef No.- 485457-0030 C
(FIRM Dated: August CF, 2002)
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EXHIBIT "A"
5
October 29, 2013
Consider a resolution awarding a six month contract to APAC-Texas, Inc. for the purchase of
asphaltic concrete for use by the Streets and Drainage Division
RICH WITH OPPORTUNITY
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: October 29, 20123
REQUESTED ACTION: Council consider a resolution awarding a six (6) month
contract to APAC-Texas, Inc., for the purchase of asphaltic
concrete in the estimated total amount of$913,000.
BACKGROUND
Bids were requested from six (6) local vendors to provide a six (6) month contract for asphaltic
concrete to be used by the Streets and Drainage Division. Cold laid asphaltic concrete is used for
repairing potholes and small sections of a street, while hot laid asphaltic concrete is used for
repairs and repaving of larger street sections. It is estimated that approximately 13,000 tons of
hot laid asphaltic concrete and 700 tons of cold laid asphaltic concrete will be used during the
term of the contract.
Specifications requested unit pricing for both plant pickup by City personnel and job site
delivery by the vendor. The only responding vendor, APAC-Texas, submitted a bid as reflected
below. The total value of the contract assumes in-plant pick-up of all materials. The bidder met
all product requirements specified and has previously held the contract satisfactorily.
Bid Tabulation is as follows:
Description Plant Pickup Job Site Delivery
2013 2014 2013 2014
Hot Laid Concrete/Ton $65.55 $65.95 $72.00 $72.50
Cold Laid Concrete/Ton $76.75 $79.50 $81.50 $84.50
FUNDING SOURCE
General Fund and Capital Program.
RECOMMENDATION
Approval of resolution.
RICA WITH OPPORTUNITY CITY OF BEAUMONT - PURCHASING DIVISION
RAMON* R.). Hollar - Buyer II
T • $ • x A , s 409-880-3758
rhollar @ci.beaumont.tx.us
BID TABULATION: Six(6) Month Contract for Road Materials - Asphaltic Concrete
BID No. BF0913-27
OPENING DATE: Thursday, October 10, 2013
Vendor APAC-TEXAS
City / State BEAUMONT
ITEM Qty Unit Price Total
NOT MIX/HOT LAID (Tons)
Plant Pickup 1370-0— $65.95 $857,350.00
Delivered 13000 $72.50 $942,500.00
HOT MIX/COLD LAID
Plant Pickup 700 $79.50 $55,650.00
Delivered 700 $84.501 $59,150.00
TOTAL BID (Plant Pickup) 913,000.00
No Response: Bo-Mac, Transit Mix, L.D. Construction
RESOLUTION NO.
WHEREAS, bids were solicited for a six (6) month contract for the purchase of
asphaltic concrete for use by the Public Works Department, Streets and Drainage Division;
and,
WHEREAS, APAC-Texas, Inc, of Beaumont, Texas, submitted a bid in the
estimated amount of$913,000 in the unit amounts shown below:
DESCRIPTION PLANT PICKUP JOB SITE DELIVERY
Hot Laid Concrete $65.95/ton $72.50/ton
Cold Laid Concrete $79.50/ton $84.50/ton
and,
WHEREAS, City Council is of the opinion that the bid submitted by APAC-Texas,
Inc., of Beaumont, 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 APAC-Texas, Inc., of Beaumont, Texas, for a six (6)
month contract for the purchase of asphaltic concrete for the Public Works Department,
Streets and Drainage Division in the estimated amount of $913,000 pursuant to the unit
amounts shown above be accepted by the City of Beaumont.
BE IT FURTHER RESOLVED THAT the City Manager be and he is hereby
authorized to execute a contract with APAC-Texas, Inc., of Beaumont, Texas, for the
purposes described herein.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 29th day of
October, 2013.
- Mayor Becky Ames -
6
October 29, 2013
Consider a resolution authorizing the City Manager to execute Amendment No. 1 to the Interlocal
Agreement with Jefferson County Drainage District No. 6 for the Lucas SRL Relief Project
RICH WITH OPPORTUNITY
[1EA,[111011
C
T • E • x • A • s City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Patrick Donart, Public Works Director
MEETING DATE: October 29, 2013
REQUESTED ACTION: Council consider a resolution authorizing the City Manager
to execute Amendment No. 1 to the Interlocal Agreement
with Jefferson County Drainage District No. 6 for the Lucas
SRL Relief Project.
BACKGROUND
Drainage District No. 6 is completing their work on the Lucas SRL Relief Project in the north end
of the City. The District is installing box culverts on Abilene Avenue, Lucas Street, Lufkin
Avenue, El Paso Avenue, Galveston Avenue, Wilson Street, Dallas Avenue, Fillmore Street,
Hayes Street, and Buffalo Avenue. The Water Utilities Department installed new water and
sanitary sewer lines to accommodate the installation of the boxes.
Public Works will be resurfacing the afore-mentioned streets where the boxes were installed.
Public Works is adding Harding Avenue, Charles Street, Idylwood Avenue, Laredo Avenue, and
Wilshire Avenue due to damage from District equipment and District truck traffic entering and
exiting the project area.
The City will invoice the District for one hundred percent (100%) and be reimbursed for ninety
percent (90%) up to $945,000 for street repairs (an increase from the original $475,000) and
$275,000 for utility adjustments. The City will be responsible for the ten percent(10%)local share
match. The amended total cannot exceed $1,220,000 and reimbursement shall not exceed
$1,098,000 or 90%.
FUNDING SOURCE
$122,000 match is available in the General Fund, Water Utilities Fund, and Street Rehabilitation
Program.
RECOMMENDATION
Approval of resolution.
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF BEAUMONT:
THAT the City Council hereby approves the execution of Amendment No. 1 to the
Jefferson County Drainage District No. 6 (DD#6) Interlocal Agreement, substantially in the
form attached hereto as Exhibit"A" and made a part hereof for all purposes, for the Lucas
SRL Relief Project.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 29th day of
October, 2013.
- Mayor Becky Ames -
AMENDED INTERLOCAL AGREEMENT NO. 1
As of October 22, 2013
THE CITY OF BEAUMONT
AND
JEFFERSON COUNTY DRAINAGE DISTRICT NO. 6
(LUCAS SRL RELIEF GRANT PROJECT
STATE OF TEXAS §
COUNTY OF JEFFERSON §
This agreement is made by and between the City of Beaumont, a home rule City of the
State of Texas (hereinafter called "City") and Jefferson County Drainage District No. 6, a
special district of the State of Texas (hereinafter called "District") under authority of the
Interlocal Cooperation Act, Chapter 791 of the Texas Government Code.
WHEREAS, the City and the District are working together to make improvements to the
City's drainage infrastructure in the north end of Beaumont, Jefferson County, Texas, in the area
of Abilene Street southerly to Buffalo Street, to include the installation of culverts, as well as
new sewer lines and water lines;
WHEREAS, the District is installing culverts, under Abilene, Lucas, Lufkin, El Paso,
Galveston, Wilson, Dallas, Fillmore, Hayes and Buffalo Streets;
WHEREAS, the City owns and maintains the afore-mentioned streets, and the City and
the District are desirous of reciting in writing, certain duties and obligations between the parties
hereto with regards to this culvert installation project;
THEREFORE, the City and the District agree as follows:
EXHIBIT "A"
WITNESSETH
1. The District agrees to reimburse the City for ninety percent (90%) of their costs,
not to exceed $247,500.00, related to water and sewer line adjustments that will
be performed to allow for the culvert installations;
2. The District agrees to reimburse the City for ninety percent (90%) of the costs not
to exceed $427,500.00, for any street repairs related to storm sewer improvements
made by the District on Abilene, Lucas, Lufkin, El Paso, Galveston, Wilson,
Dallas, Fillmore, Hayes, and Buffalo Streets;
3. The District will provide manpower and equipment to excavate for the water and
sewer line adjustments and installations. Upon completion of the utility
adjustments or installations, the District will backfill the excavation under the
City's direction;
4. The City will purchase and supply pipe and appurtenances for the utility
adjustments and installations. The City will supply manpower to make tie-ins and
help lay pipe;
5. The District will backfill the culverts, beside and above the culverts, as per
Attachment "A." The District will purchase and haul the necessary backfill;
6. The City will provide materials, manpower, and equipment to pave the road(s);
and
7. On a monthly basis or greater, at its convenience, the City will invoice the District
for one hundred percent (100%) of the costs of the repairs to date, up to
$475,000.00 for street repairs and $275,000.00 for utility adjustments. The
invoice will include all back-up documentation that justifies the invoice amount,
such as material invoices, equipment use costs, labor costs, and contractor
invoices. The District will then reimburse the City for ninety percent (90%) of
AMENDED INTERLOCAL AGREEMENT NO. 1 -Lucas SRL Relief Project
City of Beaumont and Jefferson County Drainage District No. 6
Page 2
the total costs invoiced. The City will be responsible for the ten percent (10%)
local share match. The ten percent (10%) can be in-kind, or by purchase of
material. All documentation for expenses must be in a format accepted by the
Texas Water Development Board (TWDB) as the administrator of this grant for
FEMA. Any amount reimbursed to the City by the District and later disallowed
by TWDB/FEMA, or as a result audit will be the sole responsibility of the City.
8. This Interlocal is amended to add item number 8.
In addition to the street repairs referred to in items 1 thru 7, sections of each of
these streets, Harding Avenue, Dallas Avenue, Charles Street, Idylwood Avenue,
Lufkin Avenue, Laredo Avenue, Galveston Avenue, El Paso Avenue, Wilson
Street, Buffalo Avenue, Wilshire Avenue and Abilene Avenue have been
damaged due to District equipment and District truck traffic entering and exiting
the project area. The District agrees to reimburse the City for an additional ninety
percent (90%) of their costs, not to exceed $670,500 for these street repairs. The
City will invoice the District for one hundred percent (100%) of the costs of the
repairs for the additional street work, up to $745,000. The combined total billing
for all street repairs, including the original not to exceed amount of $475,000,
cannot exceed $1,220,000 (100%) and reimbursement will not exceed $1,098,000
(90%). The invoice will include all back-up documentation that justifies the
invoice amount, such as material invoices, equipment use cost, labor cost, and
contractor invoices. If a contractor is used, documentation must be provided to
prove the contractor was hired using a fair method to solicit the bid(s) and the
lowest bidder or bidder to the best interest of the District was hired. All
contractors must be checked for disbarment and proof of the verification must be
provided. The District will then reimburse the City for ninety percent (90%) of
the total cost invoiced. The City will be responsible for the ten percent (10%)
local share match. The ten percent (10%) can be in-kind, or by purchase of
material. All documentation for expenses must be in a format accepted by the
AMENDED 1NTERLOCAL AGREEMENT NO. 1 -Lucas SRL Relief Project
City of Beaumont and Jefferson County Drainage District No. 6
Page 3
Texas Water Development Board (TWDB) as the administrator of this grant for
FEMA. Any amount reimbursed to the City by the District and later disallowed
by TWDB/FEMA, or as a result audit will be the sole responsibility of the City.
EXECUTED this day of _, 2013.
ATTEST: CITY OF BEAUMONT
By: By:
City Clerk City Manager
ATTEST: JEFFERSON COUNTY
DRAINAGE DISTRICT NO. 6
By: By:
Charles "Chuck" Guillory, Secretary Joshua W. Allen, Sr., President
DC/pa/DD6
BH/sl/DD6 Amended Interlocal Agreement No. 1
AMENDED INTERLOCAL AGREEMENT NO. 1 -Lucas SRL Relief Project
City of Beaumont and Jefferson County Drainage District No.6
Page 4
7
October 29, 2013
Consider a resolution authorizing the City Manager to enter into a contract with Legacy
Community Development Corporation for HOME Investment Partnerships Program finds from
the Department of Housing and Urban Development
MCH WITH OPPORTUNITY
r ,[I 1�1 C1 I
T • E • X • A • S City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Chris Boone, Director of Planning & Community
Development
MEETING DATE: October 29, 2013
REQUESTED ACTION: Council consider a resolution authorizing the City Manager
to enter into a contract with Legacy Community
Development Corporation for HOME Investment
Partnerships Program funds from the Department of
Housing and Urban Development.
BACKGROUND
The City of Beaumont receives an annual allocation of HOME Investment Partnerships Program
funds from the U.S. Department of Housing and Urban Development (HUD). Federal
regulations require that a minimum of fifteen percent (15%) of the City's total HOME fund
allocation be contracted to Community Housing Development Organizations (CHDO's) for
eligible CHDO activities.
Legacy Community Development Corporation (Legacy CDC), a certified CHDO, is seeking to
stabilize neighborhoods by providing homeownership opportunities for low to moderate income
families. A total of$66,474 is proposed as a part of the contract. Legacy would utilize $66,474
for acquisition of one unit to be used as a lease/purchase for an eligible low to moderate income
family. Any and all income received by Legacy for leased properties must be used toward the
organization's affordable housing activities. In addition, Legacy is requesting $22,158 for
operating funds. The funds will be used to cover the administrative costs of the CHDO such as
salary for administrative staff and the rent/lease costs. Housing Division staff will be responsible
for monitoring Legacy for HOME Program compliance.
FUNDING SOURCE
2012 HOME Program.
RECOMMENDATION
Approval of resolution.
LEGACY COMMUNITY
DEVELOPMENT CORPORATION
August 30, 2013
City of Beaumont
Attention: Johnny Beatty
801 Main Street
Beaumont, Texas 77701
M r. Beatty:
Legacy Community Development Corporation would like to request 2012 HOME
Funds in the following amount:
CHDO Reserve: $66,474.00 (acquisition of 1 unit for lease/purchase program)
2012 Operating: $22,158.00 (administrative costs-Admin Assistant and rent)
If you have any questions, please feel free to contact me at 409-365-9850.
Sjn erely,
a
Vivian L Ba lou
Executive Director
87 1-10 Noah PHONE (409)365-9850
{ I Suite 2-135 Prat (409)727-5987
Beaumont,Texas E-MA2t. Ie9acycdc @yah00.com
77707
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF BEAUMONT:
THAT the City Manager be and he is hereby authorized to execute a contract with Legacy
Community Development Corporation (Legacy CDC) in the amount of $66,474 for
acquisition and rehabilitation of one (1) property for lease/purchase to eligible low-to-
moderate income family and a contract with Legacy Community Development Corporation
(Legacy CDC) in the amount of$22,158 for related operating expenses, said contracts to
be funded from the 2012 HOME Program.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 29th day of
October, 2013.
- Mayor Becky Ames -