HomeMy WebLinkAboutPACKET DEC 10 2013RICH WITH 0VP0R7fN171
1
T• E• X• A• S
REGULAR MEETING OF THE CITY COUNCIL
COUNCIL CHAMBERS DECEMBER 10, 2013 1:30 P.M.
CONSENT AGENDA
* Approval of minutes -- November 26, 2013
* Confirmation of committee appointments
Jon Reaud would be reappointed to the Community Development Advisory Committee.
The current term would expire September 24, 2015. (Councilmember W. L. Pate, Jr.)
Lee Smith would be reappointed to the Community Development Advisory Committee.
The current term would expire October 1, 2015. (Councilmember Jamie D. Smith)
Allen Perkins would be reappointed to the Convention and Tourism Advisory Board.
The current term would expire October 8, 2015. (Councilmember W. L. Pate, Jr.)
Bill Bianchi would be reappointed to the Convention and Tourism Advisory Board. The
current term would expire October 27, 2015. (Councilmember Audwin M. Samuel)
Mel Wright would be reappointed to the Convention and Tourism Advisory Board. The
current term would expire October 18, 2015. (Mayor Becky Ames)
Rocky Chase would be reappointed to the Convention and Tourism Advisory Board. The
current term would expire October 18, 2015. (Mayor Becky Ames)
Thomas Sigee would be reappointed to the Historic Landmark Commission. The current
term would expire December 5, 2015. (Councilmember Audwin M. Samuel)
A) Approve a resolution authorizing the acceptance of a ten foot wide Exclusive Sanitary
Sewer Easement located at 195 North 7th Street
B) Approve a resolution authorizing the acceptance of a five foot wide Exclusive Sanitary
Sewer Easement located at 134 North 7th Street
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF BEAUMONT:
THAT the following reappointments be made:
Reappointment
Commission
Beginning
of Term
Jon Reaud
Community Development Advisory Committee
12/10/13
Lee Smith
Community Development Advisory Committee
12/10/13
Allen Perkins
Convention and Tourism Advisory Board
12/10/13
Bill Bianchi
Convention and Tourism Advisory Board
12/10/13
Mel Wright
Convention and Tourism Advisory Board
12/10/13
Rocky Chase
Convention and Tourism Advisory Board
12/10/13
Thomas Sigee
Historic Landmark Commission
12/10/13
Expiration
of Term
09/24/15
10/01/15
10/08/15
10/27/15
10/18/15
10/18/15
12/05/15
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 10th day of
December, 2013.
- Mayor Becky Ames -
RICH WITH OPPORTUNITY
111'CA,11110N
T • E • X • A • S City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
o
PREPARED BY: Patrick Donart, Public Works Director
MEETING DATE: December 10, 2013
REQUESTED ACTION: Council consider a resolution authorizing the acceptance of a ten
foot (10') wide Exclusive Sanitary Sewer Easement.
BACKGROUND
Revon Craig and Martha Conway has agreed to convey a ten foot (10') wide exclusive Sanitary
Sewer Easement to the City of Beaumont. The easement is described as being a 0.0373 acre
tract out of and Part of Block 1, Oaks Addition situated in the David Brown League, Abstract
No. 5. The sanitary sewer easement is needed for the constructing and repair of the sanitary
sewer line located at 195 North 7"' Street.
FUNDING SOURCE
Not applicable.
RECOMMENDATION
Approval of resolution.
RESOLUTION NO.
WHEREAS, Revon Craig and Martha Conway have agreed to convey one (1) ten foot (10')
wide exclusive sanitary sewer easement, said easement being a 0.0373 acre tract out of
and part of Block 1, Oaks Addition situated in the David Brown League, Abstract No. 5, as
described in Exhibit "1" and shown on Exhibit "2," attached hereto, to the City of Beaumont
for the purpose of constructing and repairing the sanitary sewer line located at 134 North
7th Street; and,
WHEREAS, the City Council has considered the purpose of said conveyance and
is of the opinion that the acceptance of said conveyance is necessary and desirable and
that same should be accepted,
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the statements and findings set out in the preamble to this resolution are hereby, in
all things, approved and adopted; and,
THAT the easement conveyed by Revon Craig and Martha Conway, as described
in Exhibit "1" and shown on Exhibit "2," be and the same is hereby, in all things, accepted
for the stated purposes.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 10th day of
December, 2013.
- Mayor Becky Ames -
STATE OF TEXAS X
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF JEFFERSON X
SANITARY SEWER EASEMENT
THAT, REVON CRAIG AND MARTHA CONWAY, of the County of Jefferson, State
of Texas, hereinafter called "GRANTORS ", for and in consideration of the sum of ONE AND
NO/ 100 DOLLAR ($1.00), and other good and valuable consideration to us in hand paid by the
CITY OF BEAUMONT, a municipal corporation domiciled in Jefferson County, Texas,
hereinafter called "GRANTEE ", the receipt and sufficiency of which consideration is hereby
acknowledged, have GRANTED, SOLD and CONVEYED, and by these presents do GRANT,
SELL and CONVEY unto the CITY OF BEAUMONT, P. O. Box 3827, Beaumont, Texas
77704, Jefferson County, Texas, its successors and assigns, a Sanitary Sewer Easement and the
right to construct, alter, and maintain said sanitary sewer line and appurtenances on the
hereinafter described lands which said easement is under, over, in and across that certain tract or
parcel of land owned by GRANTORS situated in the County of Jefferson, State of Texas, and
being more particularly described in Exhibit "A & B" attached and made a part hereof for all
purposes.
The easement herein granted shall be used for the purpose of placing, constructing,
operating, repairing, rebuilding, replacing, relocating, removing sanitary sewer lines and
appurtenances, and the following rights are also hereby conveyed:
It is expressly understood and agreed that the City of Beaumont shall have the right of
ingress to and egress from the tract of land hereinbefore described and use of the same for the
purposes aforesaid, and giving said City the right and privilege to improve, maintain and operate
1W3C110 -11MH
the same as permitted by law.
Grantor agrees not to place any structures or appurtenances within the Easement
Property_
Grantee shall not be responsible for the repair and replacement of any paving or other
structures within the Easement Property.
TO HAVE AND TO HOLD the above described easement and right -of -way unto the said
CITY OF BEAUMONT. its successors and assigns forever.
EXECUTED this day of . 20
GRANTORS:
REVON CRAIG
MARTHA CONWAY
ACKNOWLEDGMENT
STATE OF TEXAS X
COUNTY OF JEFFERSON X
BEFORE ME, the undersigned authority, on this day personally appeared REVON
CRAIG, known to me to be the person whose name is subscribed to the foregoing instrument and
acknowledged to me that he executed the same for the purposes and consideration therein
expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of ,
20
Notary Public, State of Texas
STATE OF TEXAS X
COUNTY OF JEFFERSON X
BEFORE ME, the undersigned authority, on this day personally appeared MARTHA
CONWAY, known to me to be the person whose name is subscribed to the foregoing instrument
and acknowledged to me that he executed the same for the purposes and consideration therein
expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of
20
Notary Public, State of Texas
RETURN TO: City of Beaumont
Antoinette Hardy - Engineering
P. O. Box 3827
Beaumont, TX 77704
EXHIBIT "A"
Legal Description: 0.0373 Acre Sanitary Sewer Easement
Out of and Part of Block 1
Oaks Addition
Volume 3, Page 149, Map Records
David Brown League, Abstract No. 5
Beaumont, Jefferson County, Texas
BEING a 0.0373 acre sanitary sewer easement situated in the David Brown League, Abstract
No. 5, Jefferson County, Texas and being out of and part of Block 1 of the Oaks Addition, a
subdivision of the City of Beaumont, Jefferson County, according to the plat thereof recorded in
Volume 3, Page 149, Map Records, Jefferson County, Texas and also being out of and part of
that certain called 1.30 acre tract of land as described in a "Special Warranty Deed with Vendor's
Lien" from Bank of America N.T. and S. A. to O. Revon Craig and Martha Ann Conway as
recorded in Film Code No. 104-44 -0296, Official Public Records of Real Property, Jefferson
County, Texas, said 0.0373 acre sanitary sewer easement being more particularly described as
follows:
Note: All bearings are referenced to the West line of the said Block 1 as NORTH
00 000'00" WEST.
BEGINNING at a 3/4" iron rod found for the most Westerly Southwest corner of the said 1.30
acre Craig, et al. tract, the same being the Northwest comer of that certain called 0.2497 acre
tract of land as described in a "General Warranty Deed" from Jeffery R. McManus to Dorothy
Way and Julienne Camara as recorded in Clerk's File No. 2006028219, Official Public Records
of Real Property, Jefferson County, Texas and also being in the West line of the said Block 1 and
the East right -of -way line of Minor Street (based on a width of 60 feet) and said corner bears
NORTH 00 °00'00" WEST a distance of 145.06 feet from a 3/4" iron rod found for the Southwest
corner of the said 0.2497 acre Way, et al. tract and the intersection of the East right -of -way line
of Minor Street and the North right -of -way line of South Street (based on a width of 60 feet), the
same being the Southwest corner of the said Block 1;
THENCE NORTH 00 000'00" WEST, along and with the West line of the said Block I and the
East right -of -way line of Minor Street, the same being the most Northerly West line of the said
1.30 acre Craig, et al. tract, for a distance of 10.00 feet to a point for corner;
THENCE NORTH 89 059'53" EAST, over and across the said 1.30 acre Craig, et al. tract and
parallel and 10 feet perpendicular to the most Northerly South line of the said 1.30 acre Craig, et
al. tract, for a distance of 102.30 feet to a point for corner,
THENCE SOUTH 00 000'07" EAST for a distance of 5.00 feet to a point for corner;
THENCE NORTH 89 05953" EAST, parallel and 5 feet perpendicular to the most Northerly
South line of the said 1.30 acre Craig, et al. tract, for a distance of 52.70 feet to a point for
corner;
EXHIBIT "A"
MAKK W. 07117ELEYANOASSO(7ATES, INC.
THENCE SOUTH 00 000'00" EAST, parallel and 5 feet perpendicular to the most Southerly
West line of the said 1.30 acre Craig, et al. tract, for a distance of 73.07 feet to a point for comer,
said comer being in the most Southerly line of the said 1.30 acre Craig, et al. tract and in the
North line of that certain tract of land as described in a "Warranty Deed with Vendor's Lien"
from Charlsie Elizabeth Berly to Patrick H. Miller and wife, Robin R. Miller as recorded in Film
Code No. 101 -95 -0344, Official Public Records of Real Property, Jefferson County, Texas;
THENCE SOUTH 89 059'53" WEST, along and with the boundary between the said 1.30 acre
Craig, et al. tract and the said Miller tract, for a distance of 5.00 feet to a point for comer, said
corner being the Northwest comer of the said Miller tract and the most Southerly Southwest
corner of the said 1.30 acre Craig, et al. tract and being in the East line of that certain called
0.248 acre tract of land as described in a "Warranty Deed with Vendor's Lien" from Frank Kent
Churchill and wife, Amy Ruth Churchill to Donald Ray Bailey as recorded in Clerk's File No.
98- 9812834, Official Public Records of Real Property, Jefferson County, Texas;
THENCE NORTH 00 000'00" WEST, along and with the boundary between the said 1.30 acre
Craig, et al. tract and the said 0.248 acre Bailey tract, for a distance of 68.07 feet to a point for
comer, said comer being the Northeast corner of the said 0.248 acre Bailey and an interior ell
corner of the said 1.30 acre Craig, et al. tract;
THENCE SOUTH 89 059153" WEST, along and with the boundary between the said 1.30 acre
Craig, et al. tract and the said 2.48 acre Bailey tract and the said 0.2497 acre Way, et al. tract, for
a distance of 150.00 feet to the POINT OF BEGINNING and containing 0.0373 Acres, more
or less.
Surveyed on February 19, 2013. This legal description is being submitted along with a plat
based on this survey (see EXHIBIT "B ").
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EXHIBIT "A"
MARK ;V. WHITFLF.Y-IND- 4SSOCIATES.INC
O -"!a 9 ` 1. NERSINP IN HIS SURVEY IS INTENDED TO EXPRESS AN OPINION REGARDING 0 Z ti
p�oQ Z RE WORD COW IS MEW= TO BE AN EXPRESSIWV OF PROFESSIONAL ;o r
2Z JUDGMENT BY THE SURWM, WWCH IS BASED ON MIS BEST KNOWLEDGE; WORM47M
C AND MU,, FORMED IV TFIE COURSE OF FNS PERFORMING TK SURVEY NV COMPLIANCE
WIN 7FIE STANOMS OF PRACTICE REOUIRED AND PROMULGATED BY THE TEXAS BOARD � ~ tMz
OF PROFWOIWL LAND S %eVRS AND T}N: 7ENAS SOCIETY OF PROFMPONU. W
to SiNiWYORS. AS SUCH, IT CONSTRUTES NEITHER A GUAR NrEF NOR A WARRANTY, DOWESSED OR LWPUED. m � 04
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RICH WITH OPPORTUNITY
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T• E• X• A• S
TO:
City Council Agenda Item
City Council
FROM: Kyle Hayes, C//iit�ty Manager
PREPARED BY: Patrick Donart, Public Works Director
MEETING DATE: December 10, 2013
REQUESTED ACTION: Council consider a resolution authorizing the acceptance of a five
foot (5') wide Exclusive Sanitary Sewer Easement.
BACKGROUND
Patrick H. Miller has agreed to convey a five foot (5') wide exclusive Sanitary Sewer Easement
to the City of Beaumont. The easement is described as being a 0.0088 acre tract out of and Part
of Block 1, Oaks Addition situated in the David Brown League, Abstract No. 5. The sanitary
sewer easement is needed for the constructing and repair of the sanitary sewer line located at 134
North 7`h Street.
FUNDING SOURCE
Not applicable.
RECOMMENDATION
Approval of resolution.
RESOLUTION NO.
WHEREAS, Patrick H. Miller has agreed to convey one (1) five foot (5') wide
exclusive sanitary sewer easement, said easement being a 0.0088 acre tract out of and
part of Block 1, Oaks Addition situated in the David Brown League, Abstract No. 5, as
described in Exhibit "1 " and shown on Exhibit "2," attached hereto, to the City of Beaumont
for the purpose of constructing and repairing the sanitary sewer line located at 134 North
7th Street; and,
WHEREAS, the City Council has considered the purpose of said conveyance and
is of the opinion that the acceptance of said conveyance is necessary and desirable and
that same should be accepted;
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT.-
THAT the statements and findings set out in the preamble to this resolution are hereby, in
all things, approved and adopted; and,
THAT the easement conveyed by Patrick H. Miller, as described in Exhibit 1" and
shown on Exhibit "2," be and the same is hereby, in all things, accepted for the stated
purposes.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 10th day of
December, 2013.
- Mayor Becky Ames -
STATE OF TEXAS X
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF JEFFERSON X
SANITARY SEWER EASEMENT
THAT, PATRICK H. MILLER, of the County of Jefferson, State of Texas, hereinafter
called "GRANTOR ", for and in consideration of the sum of ONE AND NO /100 DOLLAR
($1.00), and other good and valuable consideration to us in hand paid by the CITY OF
BEAUMONT, a municipal corporation domiciled in Jefferson County, Texas, hereinafter called
"GRANTEE ", the receipt and sufficiency of which consideration is hereby acknowledged, have
GRANTED, SOLD and CONVEYED, and by these presents do GRANT, SELL and CONVEY
unto the CITY OF BEAUMONT, P. O. Box 3827, Beaumont, Texas 77704, Jefferson County,
Texas, its successors and assigns, a Sanitary Sewer Easement and the right to construct, alter,
and maintain said sanitary sewer line and appurtenances on the hereinafter described lands which
said easement is under, over, in and across that certain tract or parcel of land owned by
GRANTORS situated in the County of Jefferson, State of Texas, and being more particularly
described in Exhibit "A & B" attached and made a part hereof for all purposes.
The easement herein granted shall be used for the purpose of placing, constructing,
operating, repairing, rebuilding, replacing, relocating, removing sanitary sewer lines and
appurtenances, and the following rights are also hereby conveyed:
It is expressly understood and agreed that the City of Beaumont shall have the right of
ingress to and egress from the tract of land hereinbefore described and use of the same for the
purposes aforesaid, and giving said City the right and privilege to improve, maintain and operate
the same as permitted by law.
EXHIBIT 1"
Grantor agrees not to place any structures or appurtenances within the Easement
Property.
Grantee shall not be responsible for the repair and replacement of any paving or other
structures within the Easement Property.
TO HAVE AND TO HOLD the above described easement and right -of -way unto the said
CITY OF BEAUMONT, its successors and assigns forever.
EXECUTED this day of 120
GRANTOR:
PATRICK H. MILLER
ACKNOWLEDGMENT
STATE OF TEXAS X
COUNTY OF JEFFERSON X
BEFORE ME, the undersigned authority, on this day personally appeared PATRICK H.
MILLER, known to me to be the person whose name is subscribed to the foregoing instrument
and acknowledged to me that he executed the same for the purposes and consideration therein
expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of
20
Notary Public, State of Texas
RETURN TO: City of Beaumont
Antoinette Hardy - Engineering
P. O. Box 3827
Beaumont, TX 77704
EXHIBIT "A►►
Legal Description: 0.0088 Acre Sanitary Sewer Easement
Out of and Part of Block 1
Oaks Addition
Volume 3, Page 149, Map Records
David Brown League, Abstract No. 5
Beaumont, Jefferson County, Texas
BEING a 0.0088 acre sanitary sewer easement situated in the David Brown League, Abstract
No. 5, Jefferson County, Texas and being out of and part of Block 1 of the Oaks Addition, a
subdivision of the City of Beaumont, Jefferson County, according to the plat thereof recorded in
Volume 3, Page 149, Map Records, Jefferson County, Texas and being out of and part of that
certain tract of land as described in a "Warranty Deed with Vendor's Lien" from Charlsie
Elizabeth Berly to Patrick H. Miller and wife, Robin R. Miller as recorded in Film Code No.
101 -95 -0344, Official Public Records of Real Property, Jefferson County, Texas, said 0.0088
acre sanitary sewer easement being more particularly described as follows:
Note: All bearings are referenced to the West line of the said Block 1 as NORTH
00 000,00" WEST.
COMMENCING at a 1/2" iron pipe found for the Southeast comer of the said Miller tract, said
corner also being the Southeast corner of the said Block 1 and being the intersection of the North
right -of -way line of South Street (based on a width of 60 feet) and the East right -of -way line of
Seventh Street (based on a width of 60 feet);
THENCE SOUTH 89 059'53" WEST, along and with the South line of the said Miller tract, the
same being the South line of the said Block 1 and the North right -of -way line of South Street, for
a distance of 145.60 feet to the POINT OF BEGINNING of the easement herein described;
THENCE SOUTH 89 059'53" WEST, continuing along and with the South line of the said Miller
tract, the same being the South line of the said Block 1 and the North right -of -way line of South
Street, for a distance of 5.00 feet to a point of for comer (unable to find or set corner due to brick
column), said comer being the Southwest corner of the said Miller tract and the Southeast comer
of that certain called 0.248 acre tract of land as described in a "Warranty Deed with Vendor's
Lien" from Frank Kent Churchill and wife, Amy Ruth Churchill to Donald Ray Bailey as
recorded in Clerk's File No. 98- 9812834, Official Public Records of Real Property, Jefferson
County, Texas;
THENCE NORTH 00 °00'00" WEST, along and with the boundary between the said Miller tract
and the said 0.248 acre Bailey tract, for a distance of 76.99 feet to a point for corner, said comer
being the Northwest corner of the said Miller tract and the most Southerly Southwest corner of
that certain called 1.30 acre tract of land as described in a "Special Warranty Deed with Vendor's
Lien" from Bank of America N.T. and S. A. to O. Revon Craig and Martha Ann Conway as
recorded in Film Code No. 104-44 -0296, Official Public Records of Real Property, Jefferson
County, Texas;
EXHIBIT "A"
MARK W RWITELF_YANDASSOCIATES, INC!
THENCE NORTH 89 059'53" EAST, along and with the boundary between the said Miller tract
and the said 1.30 acre Craig, et al. tract, for a distance of 5.00 feet to a point for comer;
THENCE SOUTH 00 000'00" EAST, over and across the said Miller tract and parallel and 5 feet
perpendicular to the West line of the said Miller tract, for a distance of 76.99 feet to the POINT
OF BEGINNING and containing 0.0088 Acres, more or less.
Surveyed on February 19, 2013. This legal description is being submitted along with a plat
based on ey (see EXJUIBIT "B ").
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EXHIBIT "A"
Page 2 of 2
NAKA IY. INC.
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h1 2. THE WORD CM" IS UNDERS7000 TO BE AN EXPRESSION OF PROFESSIONAL
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C y AND BELIEF. FORMED W 111E COURSE OF W PERFORMING THE SURVEY W COMPWCE
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RIC IT WITH OPPORTUNITY
11EA,[1M0N*
T - E • X - A • Si
REGULAR MEETING OF THE CITY COUNCIL
COUNCIL CHAMBERS DECEMBER 10, 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 1 -2 /Consent
Agenda
* Consent Agenda
GENERAL BUSINESS
1. Consider a resolution terminating the current contract for mowing privately
owned, developed and vacant properties with CIMA Utility
EXECUTIVE SESSIONS
* Consider matters related to contemplated or pending litigation in accordance with
Section 551.071 of the Government Code:
The City of Beaumont vs. LinMarie Garsee, Individually, and LinMarie
Garsee d/b /a L.G. Properties, Inc.; Cause No. 90304
United States Bankruptcy Court for the Eastern District of Texas,
Beaumont Division; In Re: LinMarie Garsee; Case No. 13 -10479
City of Beaumont vs. Charles C. Ryan, Jr.; Case No. A- 0194623
* Consider matters related to the deliberation of the purchase, exchange,
lease or value of real property in accordance with Section 551.072 of the
Government Code, to wit:
625 Orleans Street, Hotel Beaumont
COMMENTS
Consider a resolution authorizing the settlement of the lawsuits styled The City of
Beaumont vs. LinMarie Garsee, Individually, and LinMarie Garsee d/b /a L.G.
Properties, Inc., Cause No. 90304; City of Beaumont vs. Charles C. Ryan, Jr.,
Case No. A- 0194623
Councilmembers /City Manager comment on various matters
Public Comment (Persons are limited to 3 minutes
Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services
are requested to contact Mitchell Normand at 880 -3777 three days prior to the meeting.
December 10, 2013
Consider a resolution terminating the current contract for mowing privately owned, developed and
vacant properties with LIMA Utility
111,: � 11 1�1 C1 I (
T • E • X • A • S City Council Agenda Item
TO:
FROM:
PREPARED BY:
MEETING DATE:
REQUESTED ACTION:
BACKGROUND
City Council
Kyle Hayes, City Manager
Laura Clark, Chief Financial Officer��.
December 10, 2013
Council consider a resolution terminating the current
contract for mowing privately owned, developed and
vacant properties with CIMA Utility.
Privately, owned, developed and vacant properties are in violation of the City's weed ordinance
when uncultivated growth exceeds twelve (12) inches. Property owners are notified of the
violation and given a specified time to bring the property into compliance. If property owners
sail to comply with the ordinance, the City's contractor mows the property and the property
owner is billed.
Council Resolution 12 -181 awarded the contract to CIMA Utility (LIMA) on August 21, 2012.
The contract is divided into four (4) sections and CIMA was awarded one section. CIMA has
satisfactorily completed work since the award of contract; however, one of the requirements of
this contract is for the contractor to provide workers' compensation, general liability and
automobile liability insurance with no lapse of coverage during the contract period to exceed
fifteen (l 5) days. If there is any lapse in these insurances the contractor is to notify the City
immediately and cease all operations until authorized to resume in writing by the City.
On November 29, 2012, City staff inquired about CIMA's insurance status from their insurance
company. That same day, CIMA received notice from the City to cease operations due to their
workers' compensation insurance being cancelled. This insurance was reinstated and CIMA was
allowed to continue contracting with the City.
On February 12, 2013, City staff inquired about CIMA's insurance status from their insurance
company. That same day, CIMA received a notice from the City to cease operations due to their
general liability insurance and automobile liability insurance being cancelled. Both insurances
were reinstated and CIMA was allowed to continue contracting with the City.
LIMA Utility
December 10. 2013
Page 2
On November 14, 2013, the City staff inquired of the automobile liability insurance carrier as to
the status of CIMA's policy. The insurance carrier stated that CIMA's automobile liability
insurance was cancelled on August 11, 2013 and sent documentation of the cancellation.
November 14, 2013, CIMA was contacted by telephone to cease operations due to their
automobile liability insurance being cancelled. On November 18, 2013, Mr. Move stated that the
automobile insurance was not cancelled and he had proof of payment. The insurance carrier was
contacted and stated that CIMA had automobile liability insurance on November 18, 2013 but
there was no record of payment from August 11, 2013 thru November 14, 2013. Mr. Moye was
then given a week to provide proof of automobile liability insurance during the time frame in
question and was also allowed to continue work under the contract. To this date, Mr. Moye has
been unable to provide proof of insurance from August 11, 2013 thru November 14, 2013. This
lapse of insurance for ninety three (93) days is beyond the fifteen (15) days allowed per the
contract.
Looking back, on March 23, 2011 CIMA was terminated from a contract with the City for a
lapse of insurance of thirty five (35) days.
Copies of all letters sent to CIMA are attached. CIMA currently has all required insurances, is
working and providing services under this contract and has been notified that staff is
recommending termination of the contract in accordance with the terms of the contract.
FUNDING SOURCE
General Fund.
RECOMMENDATION
Approval of resolution.
RICH EIIITH OPPO TUNITY
TT4(
T - E - X - A - S
City of Beaumont
March 23, 20t 1
ATTN: Fabian Moye', Vice President Copy via Fax 409 -840 -9925
CIMA Utility Copy via First Class Mail
5480 Washington Original via Certified Mail
Beaumont, TX 77707 Certificate No. 7005 1160 0005 2095 0665
RE: Six (6) Month Contract for Mowing Privately -Owned Developed and Vacant Property
Bid No. MF0808 - -06
Dear Mr. Move' :
The City of Beaumont received a Cancellation of Insurance notice from Orlando Reyes Insurance
Agency on March 16, 2011 for your company, CIMA Utility (CIMA). This cancellation noted that the
CIMA insurance policy was cancelled. On the same date Terry Welch, Buyer II for the City of
Beaumont, contacted you and instructed you to cease mowing properties associated with the above
referenced contract until your insurance was renewed, and gave you a time limit of five (5) days to
renew your insurance.
Monday, March 20, 2011, Mr. Welch was told that a representative of your company arrived at the City's
Code Enforcement Division to request a packet of additional properties to mow. At that time, an invoice
was presented for payment for previously issued mowing locations. The records show that the property
for which you had been instructed to cease mowing, was mowed on Saturday, March 19, 2011. You
were not authorized to mow any property for the City of Beaumont at that time due to the lack of
insurance.
In researching the lapse of insurance by your company it was verified that you were sent a Warning of
Cancellation by your insurance company on January 25, 2011. The cancellation was effective on
February 9, 201 1. The lapse of insurance was thirty -five (35) days prior to fie City of Beaumont being
notified.
Page 4, item 9.2 of the contract for Bid No. MFO808 -06 states:
"The City shall be named as additional insured on all policies. Should any insurance
required by this contractor lapse, the Contractor shall immediately cease all operations
until authorized in writing by the City. If the lapse exceeds fifteen (15) days, the contract
shall automatically terminate and the Contractor shall be in breach of this contract."
Purchasing Division / Finance Department • (409) 880 -3720 • Fax (409) 880 -3747
Phvsical Address: 801 Main St., Ste. 315, Beaumont, TX 77701
Mailing Address: P.O. Box 3827, Beaumont, TX 77704 3827
CIMA Utility hermination Letter
March 23, 201 1
Page 2
At this time the City of Beaumont is exercising the option provided on page 4, item 13, of the contract,
and is issuing written notice to CIMA that this contract will be terminated effective March 29, 2011.
You are not authorized to mow any additional properties for the City of Beaumont and you will be paid
only for the properties mowed prior to March 20, 2011.
In addition, be advised, CIMA Utility is hereby placed on six (6) month probation and will not be
awarded any new contracts with the City of Beaumont during the probationary period.
If you have any additional questions, please contact me at 409 -880 -3175
Sincerely,
Patrick J./Bardwell
Purchasing Manager
PB . bd G. \VENDORS - PROBATION, ETCICIMAWMF0809-060ina termination Itr_6 mu probation doc
cc: Terry Welch, Purchasing
Joyce Tanner, Code Enforcement Fax No. 880 -3775
RICH WITH OPPORTUNITY
[11:7A,1111CI
T - E - X - A• S
City of Beaumont
November 29, 2012
ATTN: Fabian Moye', Owner Copy via Fax 409- 840 -9900
CIMA Utility Construction Co. Copy First Class Mail
5480 Washington Blvd., Ste. 418 Original via Certified Mail
Houston, TX 77040 Certificate No. 7004 2510 0004 0121 6469
Re: Annual Contract for Mowing Privately -Owned Developed and Vacant Property
Bid No. TF0412 -20
Dear Mr. Moye' :
The purpose of this letter is to address your company's lack of Workers' Compensation Insurance coverage for the above
referenced contract.
After a check with your insurance carrier, Texas Mutual Insurance Company, it was discovered that your Workers'
Compensation coverage had been cancelled on November 14, 2012 for non - payment. It is a requirement by contract that
coverage for all insurance policies are maintained in force at all times during the performance and term of this contract,
and that the City be notified of any lapse of coverage.
Under General Specifications, page 4, item 9, subset 9.2, the contract states:
9.2 The City shall be named as additional insured on all policies. Should any insurance required
by this contract lapse, the Contractor shall immediately cease all operations until
authorized in writing by the City. If the lapse period exceeds fifteen (15) days, the City may
terminate the contract and the Contractor shall be in breach of this contract.
As per our phone conversation at 9:30 A.M. on Wednesday, November 28, 2012, you were to cease all work on this
contract by 12:00 P.M. ON THAT DAY. Do not proceed with any work until you are compliant with the specifications
of this contract. You are to provide an updated, valid insurance certificate or reinstatement letter for Workers'
Compensation by 12:00 A.M., Tuesday, December 4, 2012. If the certificate or reinstatement is not received by this
time, the City may terminate this contract.
If you have any additional questions., please contact me at 409 - 880 -3107.
Sincerely,
Terry We ch
Buyer II
f W: bd G:ABIDS - DO NOT MOVE OR DELETE ! \P.12\Pu- F- 12 \T1�0412- 20_It, 92 _CIMA_wo rke,s comp Ins doc
Joyce Tanner, Code Enforcement Fax No. 880 -3775
Division / Finance Department • (409) 880 -3720 • Fax (409) 880 -3747
yslcal Address: 801 Main St., Ste. 315, Beaumont, TX 7770
_ ,; ilina Address: P.O. Box 3827, Beaumont, TX 77704 -3827
RICH WITH OPPORTUNITY
[IIE'Ai[11111
T E• X• A• S
City of Beaumont
,bruary 12, 2013
TTN: Fabian Moye', Owner Copy via Fax 409 - 840 -9900
[MA Utility Construction Co. Copy First Class Mail
180 Washington Blvd., Ste. #8 Original via Certified Mail
eaumont, TX 77707 Certificate No. 7004 2510 0004 0121 6377
Annual Contract for Mowing Privately -Owned Developed and Vacant Property
Bid No. TF0412 -20
ear Mr. Moye'
he purpose of this letter is to address your company's lapse of General Liability Insurance coverage for the above referenced
>ntract.
fter a check with your insurance agency, Select Insurance Group, it was discovered that your General Liability coverage had been
tncelled along with your required Auto Insurance on January 18, 2013. The auto insurance was written on a new policy from
llstate Insurance and received by the City with an effective date of January 30, 2013. This was a total of eleven (11) days that your
>mpany did not have Auto Insurance coverage. As of February 12, 2013 your company still does not have the required General
iability coverage in place. It is a requirement by contract that coverage for ALL required insurance policies are maintained in force
ALL times during the performance and term of this contract, and that the City be notified of any lapse of coverage by the
ontractor.
nder General Specifications, page 4, item 9, subset 9.2, the contract states:
9.2 The City shall be named as additional insured on all policies. Should any insurance required
by this contract lapse, the Contractor shall immediately cease all operations until
authorized in writing by the City. If the lapse period exceeds fifteen (15) days, the City may
terminate the contract and the Contractor shall be in breach of this contract.
.s per our phone conversation on Wednesday, February 6, 2013, you were to cease all work on this contract ON THAT DAY. Be
ivised, do NOT proceed with any work until you are compliant with the specifications of this contract. You are to provide an
pdated, valid insurance certificate for General Liability, Auto Insurance, and Workers Compensation Policies with correct
►formation by 12:00 Noon, Tuesday, February 19, 2013. If the certificate or reinstatement is not received by this time, the City
iay terminate this contract. Termination may result in a probationary period in which your company, CIMA Utility Construction Co.,
ad or any company in which you or any of your company officials are owners or officials, may not be considered for contracts with
1e City of Beaumont
'you have any additional questions, please contact me at 409- 880 -3107.
incerely, p
We
luyer I
'W:bd G:ABIDS -DO 'v'OT MOVE OR DELETE TuI2Tu- F- 12vTF0412 -20 ltr #3 0MA ins.doc
c: Joyce Tanner, Code Enforcement Fax No. 8 80-3 77 5
Purchasing Di n / Finance Department • (409) 880 -3720 • Fax (409) 880 -3747
P y
h dress: 801 Main St., Ste. 315, Beaumont, TX 7 77 01
Mail ress: P.O. Box 3827. Beaumont, TX 77704 -3827
11/14/201" 11:2'
&Aflstate.
Paa,e l of l
Billing Inquiry
yJ New Inquiry Rot:trn to Results eCheck NolvGes QA Involces 'm Installments 422 History ?ti Clcse
Make Payrnent
Policy Number: 548593508 00
Insured Marne: FABIAN T MOYE
Insured Name 2:
Insured Address: 5490 WASHINGTON BLVD
STE 8
BEAUMONT, TX777074149
Phone Number:
Effective Date: 1/30/2013
Expiration Date: 1/30/2014
Current Amount Due: $0.00
Policy Balance: $0.00
Payment Due Date:
Policy status: Terminated
Policy Cancellation 8/11/7013
Date:
Renewal Status:
Company: Allstate County Mutual
Insurance Company
Agent of Record: PHILLIP MAYCUX
Servicing Agent:
LOB: Commercial Automobile
State: Texas
Pay Plan: Monthly
Billing Method: Direct Bill
Account Number:
EZP /RCC Enrollment: No
Affinity Account:
Mortgagee /Altemate No
Payor:
Payor:
Loan *:
https:// allstateprodportal .issAexisnexis.com/ sites /A7ProdlnsurancePortal /_1... 11/ 14/2013
RESOLUTION NO.
WHEREAS, on August 21, 2012, the City Council of the City of Beaumont, Texas,
passed Resolution No. 12 -181 awarding an annual contract for mowing privately -owned
developed and vacant properties in an estimated amount of $159,100 to CIMA Utility
Construction Co., of Beaumont, Texas, for Section 1, North East; and,
WHEREAS, on November 29, 2012, CIMA Utility Construction Co. received notice
from the City to cease operations due to their workers' compensation insurance being
cancelled. The insurance was reinstated and CIMA was allowed to continue contracting
with the City; and,
WHEREAS, on February 12, 2013, CIMA Utility Construction Co. received notice
from the City to cease operations due to their general liability insurance being cancelled.
The insurance was reinstated and CIMA was allowed to continue contracting with the City;
and,
WHEREAS, on November 14, 2013, CIMA was contacted by the City due to the
August 11, 2013 cancellation of their automobile liability insurance. CIMA has provided
proof of automobile liability insurance coverage effective November 18, 2013, but has not
provided proof of coverage from August 11, 2103 thru November 17, 2013; and,
WHEREAS, City Council is of the opinion that it is in the best interest of the City to
terminate the current contract for mowing privately -owned developed and vacant properties
for Section 1, North East with CIMA Utility Construction Co., of Beaumont, Texas
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 contract between the City of Beaumont and CIMA Utility Construction Co.,
of Beaumont, Texas, awarded to CIMA in Resolution No. 12 -181, is hereby terminated
because of CIMA's breach of the terms of that agreement.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 10th day of
December, 2013.
- Mayor Becky Ames -
2
December 10, 2013
Consider a resolution authorizing the settlement of the lawsuits styled The City of Beaumont vs.
LinMarie Garsee, Individually, and LinMarie Garsee d/b /a L.G. Properties, Inc., Cause No. 90304;
City of Beaumont vs. Charles C. Ryan, Jr., Case No. A- 0194623
RICK WITH OPPORTUNITY
[I r . �
T - E - X - A - S
TO:
FROM:
PREPARED BY:
MEETING DATE:
REQUESTED ACTION:
RECOMMENDATION
City Council Agenda Item
City Council
Kyle Hayes, City Manager
Tyrone E. Cooper, City Attorney
December 10, 2013
Consider a resolution authorizing the settlement of the
lawsuits styled The City of Beaumont vs. LinMarie Garsee,
Individually and LinMarie Garsee d/b /a L.G. Properties,
Inc., Cause No. 90304; City of Beaumont vs. Charles C.
Ryan, Jr., Case No. A- 0194623.
Administration recommends approval of a resolution authorizing the settlement of lawsuits
styled The City of Beaumont vs LinMarie Garsee Individually and LinMarie Garsee d /b /a L.G.
Properties, Inc.; Cause No. 90304 and City of Beaumont vs. Charles C. Ryan, Jr., Case No. A-
0194623. which suits seek to recover $55,683.15 for the Small Business Revolving Loan Fund,
and the release of demolition/litter liens and weed abatement charges in the total amount of
$55.885.59 in exchange for LinMarie Garsee's payment of $30,000.00. The payment by Ms.
Garsee of the foregoing amount will satisfy the city claims against her, except for the payment of
real property taxes, currently pending in United States Bankruptcy Court for the Eastern District
of Texas. Beaumont Division; In Re: LinMarie Garsee: Case No. 13- 10479.
BACKGROUND
This matter was most recently presented and discussed in Executive Session held on October 1,
2013 and will be presented again December 10, 2013. The City Attorney is requesting authority
to settle this suit.
FUNDING SOURCE
$14,425.70 of the $30,000.00 will reimburse the Small Business Revolving Loan Fund's
principle balance on its note and the remaining $15,574.30 will be credited to the various
accounts from which the original payments were made.
RESOLUTION NO.
WHEREAS, the lawsuits styled The City of Beaumont vs. LinMarie Garsee,
Individually and LinMarie Garsee d /b /a L.G. Properties, Inc.; Cause No. 90304 and United
States Bankruptcy Court for the Eastern District of Texas, Beaumont, Division; In Re:
LinMarie Garsee; Case No. 13 -10479 were discussed in Executive Session properly called
and held Tuesday, October 1, 2013; and,
WHEREAS, the lawsuits styled The City of Beaumont vs. LinMarie Garsee,
Individually and LinMarie Garsee d /b /a L.G. Properties, Inc., Cause No. 90304; United
States Bankruptcy Court for the Eastern District of Texas, Beaumont, Division, In Re:
LinMarie Garsee, Case No. 13- 10479; and, various liens against property owned by
LinMarie Garsee, L.G. Properties, Inc., and /or Charles C. Ryan, Jr. were discussed in
Executive Session properly called and held Tuesday, December 10, 2013; and,
WHEREAS, the City Attorney is requesting authority to settle these lawsuits;
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT-
THAT the statements and findings set out in the preamble to this resolution are hereby, in
all things, approved and adopted; and,
THAT the City Attorney be, and he is hereby, authorized to settle the lawsuits styled
The City of Beaumont vs LinMarie Garsee Individually and LinMarie Garsee d /b /a L.G.
Properties, Inc.; Cause No. 90304 and City of Beaumont vs. Charles C. Ryan, Jr.; Case
No. A- 0194623; and settles liens the City claims against LinMarie Garsee, Charles C.
Ryan, Jr. and L.G. Properties Inc. forthe receipt of the sum of Thirty Thousand and XX /100
Dollars ($30,000.00) and authorize the execution of all documents necessary to
accomplish such settlement including the filing of satisfaction of judgment, release of lien
and non -suit, with prejudice, of pending litigation as necessary to release all weed liens,
demolition liens and any other type of lien the City has against LinMarie Garsee, Charles
C. Ryan, Jr. and /or L.G. Properties, Inc. except any lien for real property taxes; and,
BE IT FURTHER RESOLVED THAT the City Manager, or his designee, be and he
is hereby authorized to execute all documents related to settlement of the matters set out
above.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 10th day of
December, 2013.
- Mayor Becky Ames -