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BEA.11M - 0 - N - *
T• E• X• A - S
REGULAR MEETING OF THE CITY COUNCIL
COUNCIL CHAMBERS JANUARY 7, 2014 1:30 P.M.
CONSENT AGENDA
* Approval of minutes — December 17, 2013
* Confirmation of committee appointments
A) Approve a resolution authorizing the City Manager to renew an agreement for the use of
the stables at Tyrrell Park
B) Approve a resolution approving a supplemental amendment to the existing contract with
Emergicon, LLC for outsourcing the debt collection services for designated EMS
accounts
C) Approve a resolution authorizing the acceptance of a ten foot wide Exclusive Wide Line
Easement located at 3739 North Major Drive
RICH WITH OPPORTUNITY
[111EA,[11�lcl irk
T - E - X - A• S
TO:
FROM:
PREPARED BY:
MEETING DATE:
REQUESTED ACTION:
BACKGROUND
Gl
City Council Agenda Item
City Council
Kyle Hayes, City Manager
Ryan Slott, Parks and Recreation Director
January 7, 2014
Council consider authorizing the City Manager to renew an
agreement for the use of the stables at "Tyrrell Park
On .January 29, 2013, the City Manager was authorized to execute an agreement for one year
with Ken Miller for the use of the Tyrrell Park Stables property.
Mr. Miller is meeting his obligations under the agreement and has put substantial work into
cleaning up the property which is now noticeably more attractive and well kept.
Staff met with Mr. Miller and determined that he is committed to continuing the programs that
have been started. He understands the importance of working collaboratively with the City to
develop a sustainable stables operation and will continue to clean, improve, and maintain the
barn property and its associated grounds and pastures located north of the stables road.
Staff is recommending a one -year agreement with Mr. Miller under the same terms and
conditions previously established. The agreement provides for annual renewals by agreement of
the parties and contains a 30 -day cancellation clause.
The riding trails will continue to remain open to the general public.
BUDGETARYIMPACT
Mr. Miller will pay for his utilities and $350 per month for rent.
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 an agreement with Ken
Miller for use of the Tyrrell Park Stables property for a period of one (1) year beginning
January 15, 2014. Mr. Miller will be responsible for the payment of the utilities for the
facilities and $350 per month as rent. The agreement is substantially in the form attached
hereto as Exhibit "A."
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 7th day of
January, 2014.
- Mayor Becky Ames -
Agreement between the City of Beaumont and Ken Miller
for the use of Tyrrell Park Stables Property
In order to allow and support equestrian and stables related activities, the City agrees to
allow Ken Miller access to the Tyrrell Park Stables property subject to the conditions detailed
below.
Property Description
Barn Property - Mr. Miller will control the barn and its associated pastures north of the stables
road to Downs Road extended.
Term
This agreement will have a term of one year, beginning January 15, 2014, and may be extended
by agreement of the parties.
Insurance
Mr. Miller will maintain $1,000,000 in liability insurance with the City named as an Additional
Insured.
Clean Up and Maintenance
Barn Property and Pastures - Mr. Miller will clean and maintain the grounds, structures, and
fences. Structural elements which are added will be similarly well maintained. The mowing
schedule will be coordinated with the City, so that the grounds complement the surrounding park
property.
Payment
Mr. Miller will pay the City $350 per month for rent and be responsible for- -the utilities for the
Barn Property. The rent is due at the first of the month and late on the 10t Uti�ify payments
will be invoiced and paid with the next rental payment. The City's Cash Management Office will
issue payment instructions.
Cancellation
This agreement may be cancelled by either party with 30 days written notice delivered in person
or by certified mail, return receipt requested, to the addresses listed below.
Executed by the parties this day of January, 2014
Kyle Hayes, City Manager
801 Main Street, Suite 300
Beaumont, Texas 77701
EXHIBIT "A"
Ken Miller
r
C�
T E - X - A S
To:
FROM:
PREIPARED BY:
MEETING DATE:
City Council Agenda Item
City Council
Kyle Hayes, City Manager
Laura Clark, Chief Financial Officer.
January 7, 2014
REQUESTED ACTION: Council consider approving a supplemental amendment to
the existing contract with Emergicon, LLC for outsourcing
the debt collection services for designated EMS accounts.
BACKGROUND
On April 27, 2010, Council approved a two -year contract with Emergicon, LLC with automatic
tvv o ycar renewals. The current agreement will be eligible for renewal on April 27, 2014.
h:mcruicon LLC. specializes in finding previously unidentified sources of payment and providino
additional review and clarification for accounts billed to commercial insurance companies,
Medicare and Medicaid. Emergicon LLC, charges 18% of the total amount collected on the
account il' the account is older than 180 days and 6% if the account is less than 180 days old.
On January 25_ 2013. the Department of Health and Human Services published a Final Rule
implementing changes to the Health Insurance Portability and Accountability Act of 1996
(I11PAA) including applying HIPAA Privacy, Security, and Enforcement Rules to Business
ASSociateS. Emergicon is considered a Business Associate and has sent an agreement that
expands upon Section 6 of the current agreement. This supplemental amendment is to ensure
that I iner,,icon will appropriately safeguard protected health information that is created.
recci\vd, maintained, or transmitted on behalf of the City of Beaumont in compliance v -%ith the
applicablc provisions of HIPAA.
II'his amendment will expire concurrent with the existing agreement. The supplemental
amendment is attached for your review.
FUNDIN( SOURCE
1'11c supplemental amendment has no financial impact.
RECOMMENDATION
1ppr�>� al .A, resolution.
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF BEAUMONT.-
THAT the City Council hereby approves the execution of a supplemental amendment to
the existing contract with Emergicon, LLC, substantially in the form attached hereto as
Exhibit "A" and made a part hereof for all purposes, for the purpose of ensuring that
protected health information created, received, maintained, or transmitted on behalf of the
City of Beaumont will be appropriately safeguarded in compliance with the applicable
provisions of HIPAA.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 7th day of
January, 2014.
- Mayor Becky Ames -
City of Beaumont
Business Associate Agreement
Between City of Beaumont
and Emergicon, LLC
This Business Associate Agreement ( "Agreement ") between City of Beaumont and Emergicon, LLC is
executed to ensure that Emergicon, LLC will appropriately safeguard protected health information
( "PHI ") that is created, received, maintained, or transmitted on behalf of City of Beaumont in
compliance with the applicable provisions of Public Law 104 -191 of August 21, 1996, known as the
Health Insurance Portability and Accountability Act of 1996, Subtitle F — Administrative
Simplification, Sections 261, et seq., as amended ( "HIPAA "), and with Public Law 111 -5 of February
17, 2009, known as the American Recovery and Reinvestment Act of 2009, Title XII, Subtitle D —
Privacy, Sections 13400, et seq., the Health Information Technology and Clinical Health Act, as
amended (the "HITECH Act ").
A. General Provisions
1. Meaning of Terms. The terms used in this Agreement shall have the same meaning as
those terms defined in HIPAA.
2. Regulatory References. Any reference in this Agreement to a regulatory section
means the section currently in effect or as amended.
3. Interpretation. Any ambiguity in this Agreement shall be interpreted to permit
compliance with HIPAA.
B. Obligations of Business Associate
Emergicon, LLC, agrees that it will:
1. Not use or further disclose PHI other than as permitted or required by this Agreement or
as required by law;
2. Use appropriate safeguards and comply, where applicable, with the HIPAA Security Rule
with respect to electronic protected health information ( "e- PHI ") and implement
appropriate physical, technical and administrative safeguards to prevent use or disclosure
of PHI other than as provided for by this Agreement;
3. Report to City of Beaumont any use or disclosure of PHI not provided for by this
Agreement of which it becomes aware, including any security incident (as defined in the
HIPAA Security Rule) and any unsecured PHI shall be reported to City of Beaumont
without unreasonable delay but in no case later than 60 days after discovery of the
breach;
EXHIBIT "A"
4. In accordance with 45 CFR 164.502(e)(1)(ii) and 164.308(b)(2), ensure that any
subcontractors that create, receive, maintain, or transmit PHI on behalf of Emergicon, LLC
agree to the same restrictions, conditions, and requirements that apply to Emergicon, LLC
with respect to such information;
5. Make PHI in a designated record set available to City of Beaumont and to an individual
who has a right of access in a manner that satisfies City of Beaumont's obligations to
provide access to PHI in accordance with 45 CFR §164.524 within 30 days of a request;
6. Make any amendment(s) to PHI in a designated record set as directed by City of
Beaumont, or take other measures necessary to satisfy City of Beaumont's obligations
under 45 CFR §164.526;
7. Maintain and make available information required to provide an accounting of disclosures
to City of Beaumont or an individual who has a right to an accounting within 60 days and
as necessary to satisfy City of Beaumont's obligations under 45 CFR §164.528
8. To the extent that Emergicon, LLC is to carry out any of City of Beaumont's obligations
under the HIPAA Privacy Rule, Emergicon, LLC shall comply with the requirements of the
Privacy Rule that apply to City of Beaumont when it carries out that obligation;
9. Make its internal practices, books, and records relating to the use and disclosure of PHI
received from, or created or received by Emergicon, LLC on behalf of City of Beaumont,
available to the Secretary of the Department of Health and Human Services for purposes of
determining Emergicon, LLC and City of Beaumont's compliance with HIPAA and the HITECH
Act;
10. Restrict the use or disclosure of PHI if City of Beaumont a notifies Emergicon, LLC of any
restriction on the use or disclosure of PHI that City of Beaumont has agreed to or is
required to abide by under 45 CFR §164.522;
11. If City of Beaumont is subject to the Red Flags Rule (found at 16 CFR §681.1 et seq.),
Emergicon, LLC agrees to assist City of Beaumont in complying with its Red Flags
Ruleobligations by: (a) implementing policies and procedures to detect relevant Red Flags
(as defined under 16 C.F.R. §681.2); (b) taking all steps necessary to comply with the
policies and procedures of City of Beaumont's Identity Theft Prevention Program; (c)
ensuring that any agent or third party who performs services on its behalf in connection
with covered accounts of City of Beaumont agrees to implement reasonable policies and
procedures designed to detect, prevent, and mitigate the risk of identity theft; and (d)
alerting City of Beaumont of any Red Flag incident (as defined by the Red Flag Rules) of
which it becomes aware, the steps it has taken to mitigate any potential harm that may
have occurred, and provide a report to City of Beaumont of any threat of identity theft as
a result of the incident.
21
C. Permitted Uses and Disclosures by Business Associate
The specific uses and disclosures of PHI that may be made by Emergicon, LLC on behalf of
City of Beaumont include:
1. The preparation of invoices to patients, carriers, insurers and others responsible for
payment or reimbursement of the services provided by City of Beaumont to its patients;
2. Preparation of reminder notices and documents pertaining to collections of overdue
accounts;
3. The submission of supporting documentation to carriers, insurers and other payers to
substantiate the healthcare services provided by City of Beaumont to its patients or to
appeal denials of payment for the same;
4. Other uses or disclosures of PHI as permitted by H1PAA necessary to perform the services
that Emergicon, LLC has been engaged to perform on behalf of City of Beaumont.
D. Termination
1. City of Beaumont may terminate this Agreement if City of Beaumont determines that
Emergicon, LLC has violated a material term of the Agreement.
2. If either party knows of a pattern of activity or practice of the other party that
constitutes a material breach or violation of the other party's obligation under this
Agreement, that party shall take reasonable steps to cure the breach or end the
violation, as applicable, and, if such steps are unsuccessful, terminate the Agreement if
feasible.
i. Upon termination of this Agreement for any reason, Emergicon, LLC
shall return to City of Beaumont or destroy all PHI received from City of
Beaumont, or created, maintained, or received by Emergicon, LLC on
behalf of City of Beaumont that Emergicon, LLC still maintains in any
form. Emergicon, LLC shall retain no copies of the PHI. If return or
destruction is infeasible, the protections of this Agreement will extend
to such PHI.
Agreed to this _day of , 2013
City of Beaumont
Signature:
31
Title:
Date:
Emergicon, L
Signature:
Title:
Date:
---74
EMERGYCON SERVICE AGREEMENT
This Service Agreement (this "Agreement") is entered into by and between Emergicon,
LLC, a Texas corporation ( "Emergicon "), and the City of Beaumont, the provider of emergency
medical and/or ambulance transportation services set forth on the signature page hereto (the
"Provider ").
RECITALS
WHEREAS, Texas Government Code, Chapter 791, authorizes the formulation of
interlocal agreements between and among local governments; and
WHEREAS, Emergicon has a contract with the Torun of Flower Mound, Texas signed
August 6, 2007;
WHEREAS, Emergicon provides medical control services, billing and collections
services, continuing education programs, continuous quality improvement services and other
clinical support services (the "Services ") to fire departments, ambulance providers, and other
medical emergency scivices;
WHEREAS, Provider, as part or all of its overall activities, provides emergency and/or
non - emergency medical and ambulance services, including emergency medical responses, and
other patient encounters and/or patient ambulance transportation (the "Ambulatory Services ");
and
AVHE EAS, Provider is desirous of obtaining the Services of Emergicon.
NOW, THEREFORE, in consideration of the mutual promises contained herein, the
parties hereto agree as follows:
ARTICLE ONE
TERM AND TERMINATION
1.01 Term. Subject to the terms and conditions set forth herein and except as provided
in Section 1.02, the initial term of this Agreement shall be fora period of two (2) years from the
date of this Agreement (such initial term, together with all extensions thereof, shall be referred to
hereui as the "Term'') This Agreement shall automatically renew at the end of the current Term
for a successive two -year Tem unless either party gives written notice of its intention not to
renew sixty (60) days before expiration of the current Term.
1.02 Termination. Notwithstanding any provision of this Agreement to the contrary,
this Agreement may be terminated by either party, without cause and without liability (except for
continuing obligations during such period), upon thirty (30) days advance written notice to the
other party.
1.03 Obligations During Notice Period. During the 30 -day notice period specified in
Sections 1.02, Emergicon shall be entitled to receive compensation for all Accounts (as defined
EMERGICON SERVICE AGREEMENT Page 1
in Section 2.01) billed and/or collected with respect to the Services and for all other activities
peifornied pursuant to this Agreement, and shall be entitled, after the end of the terminatior_
period to receive compensation for all amounts billed during the termination period but not
collected until after the end of the termination period.
1.04 Obligations on Termination. Upon termination of the Agreement, for whatever
cause, Emergicon will immediately return all original medical records to Provider and may, at
Emergicon's sole discretion, provide to Provider a digital copy on a CD -ROM of all paper
records related to Provider.
1.05 Mailing of Notices. Any notice required or permitted pursuant to this Agreement
shall be in writing and shall be deemed sufficient when delivered personally or sent by telegram
or fax or forty -eight (48) hours after being deposited in the U.S. mail, as certified or registered
mail, with postage prepaid, addressed as follows:
(a) If to the Provider:
City of Beaumont
P O Box 3827
Beaumont, TX 77704 -3827
:Attention: Todd Simoneaux
Fax: (409) 880 -3132
(b) If to Emergicon:
Emergicon, LLC
PO Box 180446
Dallas, Texas 75218
Attention: Christopher Turner
Fax: (214) 328 -0749
Each party shall be entitled to specify a different address by giving five days written
notice to the other party. All such notices and communications shall be deemed to be received
the same day if by fax (provided the sender has a fax machine /fax database generated proof of
receipt) and in three (3) business days if by mail.
ARricLE Two
BILLING & COLLECTIONS
2.01 Billing. During the Term, Emergicon shall be responsible for the billing of
charges and fees relating to the Services as directed by and provided by Provider (those fees
billed by Emergicon will be received directly by the Provider), including, but not limited to,
private insurance, Medicare, Medicaid, and other governmental programs relating to:
(a) patient encounters that occur during the Term; and
EMERGICON SERVICE AGREEMENT Page 2
(b) other patient encounters forwarded to Emergicon for billing.
(Note: each set of such charges and fees for the Services related to an individual patient
encounter may be referred to herein as an "Account" or, collectively, the "Accotmts ").
2.02 Compensation. In consideration for Emergicon providing the Provider with the
agreed upon billing services described in this Article Two, the Provider will pay Emergicon
eighteen percent (18 %) of the total amount collected on the Account if the Account is older than
one hundred eighty (180) days from the date of service. If the Account is less than one hundred
eighty (180) days from the date of service the Provider will pay Emergicon six percent (6 %) of
the total amount collected on the Account. All fees shall be payable monthly within fifteen (15)
days of receipt of invoice.
2.03 Copies of Records. From time to time, Emergicon may receive requests from
patients or the representatives of patients for copies of treatment records. Emergicon will
forward all requests for medical records to Provider. The Provider shall be responsible for
responding to all such requests.
2,04 Records of Patient Encounters.
(a) Provider shall use its reasonable best efforts to forward all requested medical
records of each patient encounter to Emergicon within ten (10) days of such patient encounter.
Such records shall be deemed to be the property of Provider, but Emergicon shall have the right
to duplicate and retain paper or electronic copies of the records. If the records exist only in
electronic form, each electronic copy shall be deemed to be an original for the purposes of this
Agreement. Provider shall have no obligation to forward original medical records during the 30-
day notice period regarding telmination as set forth in Paragraph 1.02.
(b) Provider acknowledges that Emergicon has no responsibility for complying with
all provisions of Title 42 C.F.R. Section 410.40 which states, in part, that an ambulance service .
bears the responsibility for obtaining Physician Certification Statements ( "PCS's "). Provider
further understands and concurs that Emergicon is neither an ambulance service nor an
ambulance provider �Arithin the definitions is set forth by the Centers for Medicare and Medicaid
Services.
2.05 Requests for Copies. Requests for copies of medical records should be submitted
directly to the Provider and they may authorize release of the records such that the release is in
accordance vAth the standards and time requirements established by State and Federal law,
including but not limited to the requirements of Section 773.091 Texas Health and Safety Code.
2.06 Activity Reports. Emergicon shall provide to Provider a monthly report of all
billing activities that occurred during the preceding month.
2.07 Information Received by Provider. To the extent that Provider receives payments
or original copies of documentation directly, Provider shall forward to Emergicon copies of
EMERGICON SERVICE AGREEMENT Page 3
checks, Explanations of Benefits and /or other documentation within five (5) days of the date of
receipt of payment by Provider.
2.08 Support Services. Emergicon will provide patients and personnel of Provider
with telephone support services during normal business hours {Monday - Friday from 9:00 a.m.
to 5:00 p.m.) except on public holidays or other holidays as established by Emergicon.
2.09 Obligation for Payment. Payment in accordance with this Article Two shall be
due and owing to Emergicon by Provider for all Accounts collected during the Term and
collected after the Term but billed during the Term by Emergicon regardless of whether payment
was made to Emergicon or to Provider. Emergicon and Provider agree that the purpose of this
Section 2.09 is to guarantee that Emergicon is the only provider engaging in billing services 0.11 behalf of Provider. Emergicon acknowledges that the Provider has an existing contract for
Accounts that are considered delinquent or in a "collections service" status and will not bill for
those Accounts; no payment shall be made to Emergicon for accounts that are collected under
the City's contract for collection services.
ARTICLE THREE
INDEMNIFICATION AND FIDELITY BOND
3.01 Emera con's Indemnification. Emergicon shall indemnify and hold harmless
Provider from and against claims, damages, losses and expenses, including but not limited to
attorneys' fees, arising out of or resulting from Emergicon's performance of activities pursuant
to this Agreement, but only to the extent caused by the willfal misconduct or the negligent acts
or ornassions of Emergicon. The indemnification provided for herein shall not be applicable to
any claim of adjustment or request for reimbursement nidde by an insurance company or any
servicing agency for Medicare or Medicaid that may be made as the result of an audit of claims
made or governmental regulations or laws, including Emergicon's fees charged, except for any
adjustments or claims for reimbursement made as a direct result of Emergicon's error.
3.02 Fidelity Bond. Emergicon shall keep and maintain daring the term of this
Agreement a fidelity bond with a. qualified insurer of no less than $10,000.00.
3.03 Insurance: Emergicon shall keep and maintain during the term of this Agreement
Errors & Omissions Liability insurance with a qualified insurer ofno less than $1,000,000.00.
ARTICLI; FouR
CONFIDENTIALITY
4.01 Property of Emer -con. Provider agrees that Emergicon's equipment, computer
hardware and software, billing and collection processing, and other related systems and
equipment are the property and trade secrets of Emergicon, and that Provider will not release any
information regarding such trade secrets to any third party without the prior written consent of
Emergicon. Notwithstanding the above, Emergicon acknowledges that the City is subject to
certain laws including the Texas Public Information Act, that govern the disclosure of
information maintained by the City. The City agrees to work with Emergicon in protecting trade
secret information.
EMERGICON SERVICE AGREEMENT Page 4
4.02 Fact of Contractual Relationship May Be Disclosed. Notwithstanding the
foregoing, either party may, without the prior written consent of the other party, disclose the
existence of a contractual relationship between the parties.
ARTICLE FA WE
AUDITS
5.01 Accurate Books and Records. During the Term and for a period of three (3) years
thereafter, each party agrees to maintain accurate books and records associated with the billing
and collections made the subject of this Agreement.
5.02 Right to Audit. Upon reasonable written notice, either party may audit the books
and records of the other party insofar and only insofar as such books and records relate or pertain
directly to this Agreement. Such audit shall be conducted at the office of the party being audited,
shall be during normal business hours, and shall be at the sole cost and expense of the party
conducting the audit.
5.03 Penalty for Underpayment. If an audit reveals that a party bas failed to pay any
amol -mt or portion of any amount due or payable under this Agreement and such amount is in
excess of Twenty Thousand Dollars ($20,000.00), the party being audited shall .pay to the
auditing party the full cost of the audit and the full amount due or payable plus interest at the rate
of teas percent (10 %) per annum from the date(s) of non - payment.
ARTICLE Six
PROTECTED HEALTH INFORMATION
6.01 HIPAA Compliance. Emergicon shall carry out obligations under this Agreement
in compliance with the privacy regulations pursuant to Public Law 104 -191 of August 21, 1996,
known as the Health Insurance Portability and Accountability Act of 1996, Subtitle F —
Administrative Simplification, Sections 261, et seq., as amended ( "HIPAA "), to protect the
Privacy of any personally identifiable protected health information ( "PHI ") that is collected,
processed or learned as a result of the services provided pursuant to this Agreement. In
conformity therewith, Emergicon agrees that it shall:
a) Not use or further disclose PHI except as permitted under this Agreement
or required by law;
b) Use appropriate safeguards to prevent use or disclosure of PHI except as
permitted by this Agreement.
C) Mitigate, to the extent practicable, any harmful effect that is known to
Emergicon of a use or disclosure of PHI by Emergicon in violation of this Agreement;
d) Report to Provider any use or disclosure of PHI not provided for by this
Agreement of which Emergicon becomes aware;
EMERGICON SERVICE AGREEMENT Page 5
e) Ensure that agents or subcontractors to whom Emergicon provides PHI, or
who have access to PHI, agree to the same restrictions and conditions that apply to Emergicon
with respect to such PHI;
f) Make PHI available to Provider and to the individual who has a right of
access as required. under HIPAA within ten (10) days of the request by Provider on behalf of the
individual;
g) Incorporate any amendments to PHI when notified to do so by Provider;
h) Provide an accounting of all uses or disclosures of PHI made by
Emergicon as required under the HIPAA privacy rule within sixty (60) days; and
i) Make its internal practices, books and records relating to the use and
disclosure of PHI available to the Secretary- of the Department of Health and uman Services for
purposes of determining Emergicon's and Provider's compliance with HIPAA.
6.02 HIPAA Disclosures. The specific uses and disclosures of PHI that may be made
by E nergicon on behalf of Provider include:
a) The preparation of invoices to patients, carriers, insurers and others
responsible for payment or reimbursement of the services provided by Provider to its patients;
b) Preparation of reminder notices and documents pertaining to collections of
overdue Accounts;
C) The submission of supporting documentation to carriers, insurers and
other payers to substantiate the health care services provided by Provider to its patients or to
appeal denials of payments for same;
d) The preparation and release of medical records to patients or their legal
representatives as permitted by HIPPA privacy rule;
e) Uses required for the proper management of Emergicon as a business
associate; and
f) Other uses or disclosures of PHI as permitted by HIPAA privacy ride.
6.03 Red Flag Rule Compliance. Emergicon shall carry out obligations under this
Agreement in compliance with the Fair and Accurate Credit Transactions (FACT) of 2003 to
protect and prevent against identity theft per the Red Flag Rules. Emergicon acknowledges it has
an Identity Theft Prevention Program in place to protect the privacy of any personally
identifiable credit information and to identify patterns, practices, and specific forms of activity
that indicate the possible existence of identity theft.
EMERGICON SERVICE AGREEMENT Page 6
ARTICLE SEVEN
MISCELLANEOUS
7.01 No Waiver. The failure of either party to insist upon strict performance of any
provision of this Agreement shall not be construed as a waiver of any subsequent breach of the
same or similar nature.
7.02 Provisions Construed Sep tom. The parties agree that each provision of this
Agreement shall be construed as separable and divisible from every other provision and that the
enforceability of any one provision shall not limit the enforceability, in whole or in part, of any
other provision hereof. In the event that a court of competent jurisdiction determines that any
term or provision herein shall be invalid or unenforceable, the remaining terms and provisions of
this Agreement shall not be affected thereby, and shall be interpreted as if the invalid tenu or
provision were not a part hereof
7.03 Final Agreement. This Agreement sets forth the entire, final and complete
-Lmderstanding between the parties hereto relevant to the subject matter of this Agreement. No
waiver or modification of any of the terms or conditions of this Agreement shall be effective
unless in writing and signed on behalf of both parties.
7.04 Performance of Agreement, Venue-, Choice of Law. Provider understands and
agrees that Emergicon will be performing this contract in Denton County, Texas. The venue for
any disputes or causes of action that may arise out of this Agreement is the state and corurty
courts located in Denton County, Texas. The provisions of this Agreement shall be determined
in accordance with the laws of the State of Texas excluding the choice of law provisions thereof..
7.05 Headings. The headings of this Agreement are for ease of reference only and are
not untended to limit or restrict the terms hereof.
7.06 Binding Nature of Agreement. This Agreement is binding upon the heirs, legal
representatives, successors and assigns of the parties hereto.
7.07 Compliance with Laws Generally. Emergicon shall comply with all applicable
laws, orders, rules, or regulations of all governmental agencies bearing on its performance
hereunder. if so requested by Provider, Emergicon shall submit approp6ate evidence of such
compliance.
7.08 Independent Contractor. It is understood and agreed that Emergicon is an
independent contractor. Nothing herein contained shall be construed to create any partnership,
joint venture, or joint enterprise between the parties.
7.09 Non -Profit Status Determination Letter. If Provider is a not - fox -profit entity,
Provider shall provide a duplicate of its letter determining its not - for -profit status with the
Internal Revenue Service. In providing such letter, Provider further represents and warrants to
Emergicon that it has done every act necessary to maintain its not- for -profit status with the
Internal Revenue Service and is not aware of any pending, threatened or actual revocation of its
not -for -profit status.
EMERGICON SERVICE AGREEMENT Page 7
7.10 Appendices. Emergicon and Provider may enter into various appendices to this
Agreement from time to time and at any time regarding additional services. Such appendices
shall be considered part of this Agreement as if set forth herein at length unless such appendix
provides otherwise_
7:11 Assignment. Neither party shall assign or otherwise transfer this Agreement, any
interest in this Agreement, or any right or obligation hereunder to any other party Without the
'written consent of the other party.
7.12. Attorneys' pees. Should it become necessary for Emergicon to employ an
attorney to enforce any of the terms and conditions hereof, including the collection of fees,
Provider agrees to pay all expenses so incurred, including a reasonable attorneys' fee.
[SIGNATURE PAGE FOLLOWS
EMERGICON SERVICE AGREEMENT Page 8
1N WI NESS WHEREOF, Emergicon and the Provider have executed. this Agreement
on the 27th day of April, 2010, and shall be EFFECTIVE as of the 2-744 day of _'.4,
2010.
EMERGICON, L.L.C.
By: V
Name: Christopher Turner
Title: President & CEO
City of Beaumont
Bv:
Kyle Hayes, City Manager
553488
09=3!00002
EMERGICON SERVICE AGREEMENT Page 9
D�
RICH WITH OPPORTUNITY
111r'A►111�ICIIIT4(
T - E - X• A• S
TO:
FROM:
PREPARED BY:
MEETING DATE:
City Council Agenda Item
City Council
Kyle Hayes, City Manager
Patrick Donart, Public Works Director
January 7, 2014
REQUESTED ACTION: Council consider a resolution authorizing the acceptance of a ten
foot (10') wide Exclusive Water Line Easement.
BACKGROUND
The First Baptist Church of Beaumont Texas, Inc has agreed to convey a ten foot (10') wide
exclusive Water Line Easement to the City of Beaumont. The easement is described as being a
0.5738 acre tract out of the Almanson Houston League, Abstract No. 33. The water line
easement is for the construction of a new church located at 3739 North Major Drive.
FUNDING SOURCE
Not applicable.
RECOMMENDATION
Approval of resolution.
RESOLUTION NO.
WHEREAS, First Baptist Church of Beaumont, Texas, Inc., has agreed to convey
a ten foot (10') wide exclusive water line easement, said easement being a 0.5738 acre
tract out of the Almanson Houston League, Abstract No. 33, as described in Exhibit 1 and
shown on Exhibit 2, attached hereto, to the City of Beaumont for the purpose of facilitating
the construction of a new church located at 3739 North Major Drive; 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 ten foot (10') exclusive water line easement conveyed by First Baptist
Church of Beaumont, Texas, Inc., being a 0.5738 acre tract out of the Almanson Houston
League, Abstract No. 33, as described in Exhibit 1 and shown on Exhibit 2, attached
hereto, 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 7th day of
January, 2014.
- Mayor Becky Ames -
STATE OF TEXAS X
COUNTY OF JEFFERSON X
KNOW ALL MEN BY THESE PRESENTS:
WATER LINE EASEMENT
THAT, THE FIRST BAPTIST CHURCH OF BEAUMONT TEXAS, INC., State of
Texas hereinafter called "GRANTOR ", whether one or more, 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, has GRANTED, SOLD and CONVEYED, and by these
presents does GRANT, SELL and CONVEY unto the CITY OF BEAUMONT, P. 0. Box 3827,
Beaumont, Texas 77704, Jefferson County, Texas, its successors and assigns, a Water Line
Easement and the exclusive right to construct, alter, and maintain said waterlines and
appurtenances on the hereinafter described lands which said easement is under, over, in and
across those certain tracts or parcels of land owned by GRANTOR situated in the County of
Jefferson, State of Texas, and being more particularly described in Exhibit "A & B ", attached
and made a part hereof for all purposes.
The easement herein granted shall be used for the purpose of placing, constructing,
operating, repairing, rebuilding, replacing, relocating, and/or removing water lines and
appurtenances, and the following rights are also hereby conveyed collectively, the "Easement
Rights ".
It is expressly understood and agreed that the City of Beaumont shall have the right of
ingress to and egress from the tracts of land hereinbefore described and use of the same for the
EXHIBIT "1"
purposes aforesaid, and giving said City the right and privilege to improve, maintain and operate
the same as permitted by law.
GRANTOR agrees not to place any structures or appurtenances within the Easement
Property that will interfere with Grantee's ability to exercise the Easement Rights.
Grantee shall not be responsible for the repair and replacement of any paving or other
structures within the Easement Property.
TO HAVE AND TO HOLD the above described easement and right -of -way unto the said
CITY OF BEAUMONT, its successors and assigns forever.
EXECUTED this day of , 2013.
GRANTOR:
THE FIRST BAPTIST CHURCH OF BEAUMONT TEXAS, INC.
Printed Name: Jimmie Carpenter
Title:
ACKNOWLEDGMENT
STATE OF TEXAS X
COUNTY OF JEFFERSON X
BEFORE ME, the undersigned authority, on this day personally appeared
JIMMY CARPENTER as of THE FIRST BAPTIST CHURCH OF
BEAUMONT TEXAS, INC., known to me to be the person and officer whose name is
subscribed to the foregoing instrument, and acknowledged to me that he executed the same as the
act of such corporation for the purposes and consideration therein expressed and in the capacity
therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of , 2013.
Notary Public, State of Texas
RETURN TO: City of Beaumont
Antoinette Hardy - Engineering
P. O. Box 3827
Beaumont, TX 77704
EXHIBIT "A"
10 Feet Wide Water Line Easement
Legal Description: 0.5738 Acre Water Line Easement
Almanson Houston Leaguc, Abstract No. 33
Jefferson County, Texas
BEING a 0.5738 acre water line easement situated in the Almanson Houston League, Abstract
No. 33, Jefferson County, Texas and being out of and part of that certain called 41.17 acre tract
of land as described in a deed from W.D. Gordon and wife, Mrs. W.D. Gordon to Boys' Haven
of America, Inc. as recorded in Volume 653, Page 446, Deed Records, Jefferson County, Texas
and being out of a 100.0 acre tract as recorded in Volume 9, Page 1, Map Records, Jefferson
County. Texas as surveyed by C.A. Kohler dated May 25, 1950 and furthermore being out of that
certain called 100.0 acre tract of land as described in a "Gift Deed" from Boys Haven of
America, Inc. to Boys' Haven of America Foundation as recorded in Clerk's File No.
2007017637, Official Public Records of Real Property, Jefferson County, Texas, and
furthermore being out of and part of that certain called 40.4824 acre tract of land as described in
a "Special Warranty Deed with Vendor's Lien" from Boys' Haven of America Foundation to
First Baptist Church of Beaumont, Texas, Inc. as recorded in Clerk's File No. 2011025232,
Official Public Records of Real Property, Jefferson County, Texas, said 0.5738 acre water line
easement being more particularly described as follows:
NOTE. All becn•ings ai•e based on the North line of the said Boys' Haven of
America Ibundation tract as NORTH 90 100'00" EAST as recorded in Volurrle 9,
Page 1, Alfap Records, Jefferson County, Texas.
BEGINNING at a 5/8" iron rod with a cap stamped "M.W. Whiteley & Associates" found for
the most Northerly Southeast corner of the said 40.4824 acre First Baptist Church of Beaumont,
Texas, Inc. tract, the same being the most Northerly Northeast corner of the remainder of the said
1 00.0 acre Boys' Haven of America Foundation tract and being in the West right-of-way line of
F.M. Highway 364 (also known as N. Major Drive);
THENCE NORTH 90 000'00" WEST, along and with the boundary between the said 40.4824
acre First Baptist Church of Beaumont, Texas, Inc, tract and the remainder of the said 100.0 acre
Boys' haven of America Foundation tract, for a distance of 421.49 feet to a point for corner:
THENCE NORTH 67 °30'00" WEST for a distance of 15.68 feet to a point for comer;
THENCE NORTH 90 000'00" WEST for a distance of 427.63 feet to a point for corner;
THENCE NORTI4 00 °00'00" WEST for a distance of 10.00 feet to a point for corner;
THENCE NORTH 90 000'00" EAST for a distance of 67.00 feet to a point for corner;
THENCE NORTH 00 000'00" EAST for a distance of 423.50 feet to a point for corner;
EXI IIBIT "A"
tC -tRA" #i: # 71117,0, -1 +.�'t3 f.�4CtCJtTWr. 1Yf
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THENCE NORTH 90 000'00" EAST for a distance of 601.00 feet to a point for corner:
i
THENCE SOUTH 00 °00'00" wF S "r for a distance of 357.50 feet to a point for corner; j
THENCE. NORTH 90 °00'00" EAST for a distance of 194.54 feet to a point for corner, said
point being in the West right -of -way line of h.M. Highway 364;
THENCE SOUTH 01'01'31" EAST, along and with the West right-of-way line of F.M.
I iighway 364, for a distance of 10.00 feet to a point for corner;
THENCE NORTH 90 000'00" WEST for a distance of 204.71 feet to a point for cornea
THENCE NORTH 00 °00'00" WEST for a distance of 357.50 feet to a point for corner;
THENCE NORTI 190'00'00" WEST for a distance of 308.31 feet to a point for corner;
THENCE SOUTH 00 °00'00" EAST for a distance of 21.27 feet to a point for corner;
THENCE NORTH 90 000'00" WEST for a distance of 10.00 feet to a point for corner;
THENCE NORTI100 "00'00" WEST for a distance of 21.27 feet to a point for corner;
THENCE NORTH 90 000'00" WEST for a distance of 262.69 feet to a point for corner;
THENCE SOUTH 00 °00'00" WEST for a distance of 413.50 feet to a point for corner;
THENCE NORTH 90 000'00" EAST for a distance of 316.13 feet to a point for corner;
THENCE NORTH 00 °00'00" WEST for a distance of 39.00 feet to a point for corner;
THENCE NORTH 90 000'00" EAST for a distance of 10.00 feet to a point for corner;
THENCE SOUT14 00 000'00" EAST for a distance of 39.00 feet to a point for corner;
THENCE NORTH 90 000'00" EAST for a distance of 26.48 feet to a point for corner;
THENCE SOUTH 67 030'00" EAST for a distance of 15.68 feet to a point for corner;
THENCE NORTH 90 000'00" EAST for a distance of 379.44 feet to a point for corner;
THENCE NORTH 00 °00'00" WEST for a distance of 8.00 feet to a point for corner;
THENCE NORTH 90 °00'00" CAST for a distance of 10.00 feet to a point for corner;
THENCE SOUTI I 00 000'00" EAST for a distance of 8.00 feet to a point for corner;
EXHIBIT "A"
Pane 2 of 3
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EXHIBIT 2
N CA 0 � I a "r i L 7 1
IIEA�IIMON*
REGULAR MEETING OF THE CITY COUNCIL
COUNCIL CHAMBERS JANUARY 7, 2014 1:30 P.M.
AGENDA
CALL TO ORDER
* Invocation Pledge Roll Call
* Presentations and Recognition
* Public Comment: Persons may speak on scheduled agenda items 6 -8 /Consent
Agenda
* Consent Agenda
GENERAL BUSINESS
1. Consider an ordinance approving a specific use permit to allow a sports bar in a
GC -MD (General Commercial Multiple Family Dwelling) District at 39 N. 11 th
Street
1 Consider an ordinance approving a specific use permit to allow a mother -in -law
quarters in an RS (Residential Single Family Dwelling) District at 5310 Linda Lane
3. Consider an ordinance approving a specific use permit to allow a self storage and
truck rental facility in a GC -MD (General Commercial - Multiple Family Dwelling)
District at 1501 N. 7th Street
4. Consider an ordinance approving a specific use permit to allow a hose and gasket
fabrication plant in an LI (Light Industrial) District at 3155 W. Cardinal Drive
5. Consider an ordinance abandoning a portion of the alley in Block F, Pennock and
Potts Addition at 2055 Southerland Street
6. Consider a resolution approving the renewal of an annual maintenance agreement
from SunGard Public Sector for use by Police, Fire and EMS
7. Consider a resolution approving a contract with A. J. Gallagher Risk Management
Services of Dallas for workers' compensation excess insurance
8. Consider a resolution approving a change order to the contract with Brystar
Contracting for the 7h Street Road Project
COMMENTS
* Councilmembers /City Manager comment on various matters
Public Comment (Persons are limited to 3 minutes
EXECUTIVE SESSIONS
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:
A 3.2632 acre parcel of land in the 300 Block of Neches Street,
Beaumont, Texas 77701
625 Orleans Street, Hotel Beaumont
Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services
are requested to contact Mitchell Normand at 880 -3777 three days prior to the meeting.
n
January 7, 2014
Consider an ordinance approving a specific use permit to allow a sports bar in a GC -MD (General
Commercial Multiple Family Dwelling) District at 39 N. 11"' Street
RICH WITH OPPORTUNITY
[I r A, 11 1�1 C1 I'
T - E - X - A - S
TO:
City Council Agenda Item
City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Chris Boone, Director of Planning and Community
Development
MEETING DATE: January 7, 2014
REQUESTED ACTION: Council consider an ordinance approving a specific use permit
to allow a sports bar in a GC -MD (General Commercial
Multiple Family Dwelling) District at 39 N. 11 "' Street.
BACKGROUND
Christopher Segura is requesting a specific use permit.
On August 19, 2013, Christopher Segura went before Commission and Council to request a specific
use permit to allow a sports bar in a GC -MD (General Commercial - Multiple- Family Dwelling)
District. During the meeting, Mr. Segura modified his original request to also request operating as
a BYOB establishment. Given this modification to his original request, it was decided to withdraw
the application at that time. A decision to only be a sports bar was reached, and parking
requirements have been clarified.
The facility will be located in an existing strip center on 11 "' St. The address of the property is 39 N.
11'1' Street.
The property is located less than 1000' feet from two school properties. City of Beaumont
ordinance states:
Seca. 6.03.003 Proximity of dealer to school, church, day care center or child care
facility
(a) Except as otherwise provided by the Texas Alcoholic Beverage Code, it
shall be unlawful for any person to sell or possess.for the purpose of sale
any alcoholic beverages where the establishment or place of business of any
dealer- is:
(1) Within three hundred (300) .feet of a church or public or private
school:
(2) Within one thousand (1, 000) . feet of a public school or a private
school if the governing body of the city rcceii,cs a request from the
governing body of the private school or,froin the board of trustees of
the school district under section 38.007, Education Code; or
(3) Within 1000 feet of a duv care center or child care facility, as those
terms are defined by section 42.002 of the Texus Human Resources
Code.
(b) The measurement of the distance beta?een the place of business where
alcoholic beverages are sold and the church, public or private school, day
care center, or child care facility shall he determined as described in
sections 109.33 and 109.331 of the Texas Alcoholic Beverage Code, as
amended.
State law (Title 4. Chapter 109, Subchapter A, Section 109.33 "Sales near school, church, or
hospital" (c)) requires that the applicant must give written notice of the application to officials of
public or private schools within 1000 feet of the nearest property line. The applicant is required to
provide a copy of the notice to the State commission with the application.
Utilities and drainage in the area are adequate for the proposed use. Existing parking provided on
the lot will be sufficient for the proposed sports bar.
At a Joint Public Hearing held December 16, 2013, the Planning Commission recommended 7:0 to
approve a specific use permit to allow a sports bar in a GC -MD (General Commercial - Multiple
Family Dwelling) District at 39 N. 11"' Street with the following condition:
Off - street parking should be reconfigured and restriped to meet City of
Beaumont requirements.
FUNDING SOURCE
Not applicable.
RECOMMENDATION
Approval of ordinance with the following condition:
Off - street parking should be reconfigured and restriped to meet City of
Beaumont requirements.
LEGAL DESCRIPTION FOR ORDINANCE PURPOSES
Being PL C6 T63 N, of the Tevis Addition, City of Beaumont, Jefferson County, Texas, containing 1.45
acres, more or less.
TO: THE PLANNiNCi CO
APPLICANT'S NANNY:
APPLICANT'S ADDRESS:
APPLICANf'S PiJONS; =:
BEAUMONT, TEXAS
(Chant':l I
]MISSION AND CITY COliNCII,, ('11Y 01, 13EAUTMONT, TEXAS
�r
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FAX 4:
NAME OF OWNER: d i`� �� & V —
ADDRESS OF OWNER:_ 77 c, � ,t�� `� 't��,1 %.� �� `✓ C� j
LOCATION OF I ROPEI-.'I'Y :
LEGAL DESCRIPTION OF PROPERTY: L_ ACT 1_J
LOT NO.
BLOCK NO. 'S C (_ L, t• ��? C' PLAT
ADDITION ` �? - G C� °' O ?� � Q St>�EY r
NUMBER Oh ACRES_ � `r `f NUMBER OF ACRES
For properties not in a recorded subdivision, submit a copy of a current survey or plat showing the properties
proposed for a specific use permit, and a complete legal field note description.
PROPOSED USE:
Z0NI:
ATTACH A LETTER describing all processes and activities involved with the proposed uses.
ATTACH A SITE PLAN drawn to scale vvith the information listed on the top back side of this sheet.
ATTACH A REDUCED 8'/�" X l I" PHOTOCOPY OF THE SITE PLAN.
4
THE EIGHT CONDITIONS listed on the back side of this sheet must be net before City Council can grant a specific use
permit. PLEASE, ADDRESS EACH CONDITION IN DETAIL.
ATTACH THE APPROPRIATE APPLICATION FEE:
LESS] HAN Y ACRE .......... ............................... ........................$250.00
"ACRE OR MORE AND LESS THAN 5 ACRES ...................$450.00
5 ACRES OR MORE ............ ............................... ........................5650.00
I, being the undersigned applicant, understand t- dt all of the conditions, dimensions, building sizes, landscaping and parking
areas depicted on the site plan shall b-:adl i'?dt nended and approved by City Council.
SIGNATURE C;F APPLI( =ANT: <.— %��— D, -%TE
SIGNATURE OF OWNER: I'll "�>c (1F NOT APPLICANT) DATE:
I � w �i,4, + `''�
PLEASE TYPE OR PRINT AND SUBIv1 r`� CITY OF BEA MONT
PLANNING DIVISION
801 MAIN STREET, ROOM 201
BEAUMONI', TX 77701
FILE NUMBER // !.
DATE RECEIVED: _ Phone - (409) 880 -3764
Fax - (409) 8 80-3 13 3
PLEASE MAKE NOTE ON REVERSE SIDE OF CONDITIONS TO BE MET REGARDING THE SITE PLAN AND LETTER OF
PROPOSED USES AND ACTIVITIES.
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P �' T - - --, - LE :�,A TG 9..
ORDINANCE NO.
ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE
PERMIT TO ALLOW A SPORTS BAR IN A GC -MD
(GENERAL COMMERCIAL - MULTIPLE FAMILY DWELLING)
DISTRICT AT 39 N. 11T" STREET IN THE CITY OF
BEAUMONT, JEFFERSON COUNTY, TEXAS.
WHEREAS, Christopher Segura has applied for a specific use permit to allow a
sports bar in a GC -MD (General Commercial - Multiple Family Dwelling) District at 39 N. 11 th
Street, being PL C6 T63 N, of the Tevis Addition, City of Beaumont, Jefferson County,
Texas, containing 1.45 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
a sports bar in a GC -MD (General Commercial- Multiple Family Dwelling) District at 39 N.
11th Street, subject to the following condition-
and,
Off-street parking should be reconfigured and restriped to meet City of
Beaumont requirements;
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 a sports bar in a GC -MD (General Commercial-
Multiple Family Dwelling) District at 39 N. 11 th Street, being PL C6 T63 N, of the Tevis
Addition, City of Beaumont, Jefferson County, Texas, containing 1.45 acres, more or less,
as shown on Exhibit "A," attached hereto, is hereby granted to Christopher Segura, his
legal representatives, successors and assigns, as shown on Exhibit "B" and made a part
hereof for all purposes, subject to the following condition:
• Off - street parking should be reconfigured and restriped to meet City of
Beaumont requirements.
Section 2.
That the specific use permit herein granted is expressly issued for and in
accordance with each particular and detail of the site plan attached hereto as Exhibit "B"
and made a part hereof for all purposes.
Ccr,tinn 'I
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 7th day of
January, 2014.
- Mayor Becky Ames -
ile 2182 -P: Request for a specific use permit to allow a sports bar in a GC -NlD (Genera
ommercial 'Multiple Family Dwelling) District.
ocation: 29 :N.11t" Street
.A
Applicant: Christopher Segura, on behalf of Allan Levine Trust 0 100 200
I I I I Feet
EXHIBIT "A"
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January 7, 2014
Consider an ordinance approving a specific use permit to allow a mother -in -law quarters in an RS
(Residential Single Family Dwelling) District at 5310 Linda Lane
RICH WITH OPPORTUNITY
[I rk
C, [I 1�1 C1 I
T- E - X - A• S
TO:
City Council Agenda Item
City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Chris Boone, Director of Planning and Community
Development
MEETING DATE:
January 7, 2014
REQUESTED ACTION: Council consider an ordinance approving a specific use permit
to allow a mother -in -law quarters in an RS (Residential Single
Family Dwelling) District at 5310 Linda Lane.
BACKGROUND
Jesse Lee Turner has applied for a specific use permit.
Mr. Turner- has suffered several recent health setbacks and is no longer able to live alone in his
mobile home in Sour Lake. After some discussion between him and his sister, Ruby Lee Turner
Ott, they decided they would prefer to live together at this property. The family felt it best to
construct a separate quarters at the rear of Ms. Ott 's home to provide each of them some privacy
and independence. The structure would be a 20.5' x 28.5' single story residence.
At a Joint Public Hearing held December 16, 2013, the Planning Commission recommended 7:0
to approve a specific use permit subject to the following conditions:
1. The mother -in -law quarters will not be leased.
2. The mother -in -law quarters shall not be on a separate electrical meter.
FUNDING SOURCE
Not applicable.
RECOMMENDATION
Approval of ordinance subject the following conditions:
1. The mother -in -law quarters will not be leased.
2. The mother -in -law quarters shall not be on a separate electrical meter.
13 E''� UN10
T:. A S
10: 'FHE PLANNING CO \1 �1IS li_i �� .AND CITY CO _'NC1[_ CI I Y C1 '. I_;r °� t_ ?v[ )'�; l EXAS
APPLICANT'S NA�9E: ;�, E�_ ��e G �, _j ; - - - --
APPLICANT'S ADDR.ES�:
APPLICANT'S
NAME: OF OWNER: t-E-- ,._�,"
t
_ _ E
ADDRESS OF ()\4NIR:- `? °a 6 Li n, +�.i1'c. i71Ea7 _ I c'; '4" S
LOCATION OF PROPERTY: ih1L:;"- ij 1ni-yl l -Cre> ' S31La G- h�'i�� L'k'le
LEGAL DESCRIPTION OF PROPI�RfY:
LOT NO
BLOCK NO. J- tt
ADDITION WO'A dc it s
NUMBER OF ACRES -- 0 • air
OR TRACT
PLA
SURVEY
NUMBER OF ACRES
For properties not in a recorded subdivision, submit a copy of a current survey or plat showing the properties
proposed for a specific use permit, and a complete legal field note description.
PROPOSED USE: !� C silt'•' fry - L--4w C�''iil _1I�` _ZONE:
ATTACH A LETTER describing all processes and activities involved with the proposed uses.
ATTACH A SITE PLAN drawn to scale -with the information listed on the top back side of this sheet.
ATTACH A REDUCED S '. /i" X 11 " PHOTOCOPY OF THE SITE PLAN.
THE EIGHT CONDITIONS listed on the back side of this sheet must be met before City Council can 1-11-ant a specific use
permit. PLEASE ADDRESS EACH CONDITION IN DETAIL.
ATTACH THE APPROPRIATE APPLICATION FEE:
LESS THAN ",'-ACRE ......................................... ........................S? >O.O0
ACRE OR MORE AND LESS THAN ; ACRES ................... 540.00
ACRES OR M ORE ............ ............................... ........................5650.00
I, bein'the undersipncd ipplicant, understand that all ofthe conditions, dimensions, building sizes. landscaping' and parkin
areas depicted on the. site plan shall be adhered to as amended and approved bV City Council.
SIGNA"IL RE OF Ai'PLICANT:� A, DATE:: i %
SIGNATURE OF O \V\t'P :' -7
II- NOT APPLICANT) DATE:
PLEASE TYPE OR P F:IN i AND St TBMIT TO: CITY OF BEAD \IU'v,T
PLANNING DIVISION
801 MAIN STREET_, ROOM 1-0I
BE.AUNIONT. TX 77701
FILE NU \IBER: ? ? �•�
DATE-, RFCEI \'ED l f %�f l "� Phone - (409) 580 -; ; 64
Fax - (409) 880 -3133
PLEASE MAKE NOTE, ON REVERSE SIDE, OF CONDITIONS TO BE MET REGARDING THE SITE PLAN AND LETTER OF
PROPOSED USES A�JD 1C1�IVI'TIES.
City Of Beaumont
801 Main Street
Beaumont, Texas 77704
Re: Specific Use Permit Application
5310 Linda Lane
Dear Sir,
In accordance with the requirements of the Specific Use Permit Application, we submit this
description of the proposed building. The proposed residential building has a footprint of
approximately 580 square feet. The building will serve as a secondary, mother -in -law type
residence for the property. The construction of the structure shall be in accordance to the
International Building Code with Texas windstorm revisions.
The proposed building shall not impede the function of the existing residence or the surrounding
properties. The architectural style and structural composition shall consistent with the existing
residence and shall therefore not impair property values.
The proposed building shall be locked at the appropriate setback from the adjacent vacant lock,
which is also owned by the land owner, and shall therefore not impede the normal and orderly
development of the adjacent lot.
The proposed building shall have only a minor impact on the drainage and utilities. The utilities
for the existing residence are adequate. The property currently surface drains to the roadside
ditch.
The existing gravel driveway shall be utilized for vehicular access and parking.
The proposed building is set back from the surrounding property owner. The light, residential
construction will be conducted during business hours and should not generate exuberant odor,
fumes, dust, noise, or vibration.
No directional lighting will be provided for this project.
New landscaping shall match existing residence.
The proposed building shall be located in a stable area and the proposed use is within
accordance with the comprehensive plan.
SURVEY LEGEND
1. FENCES OVERLAP 70' UTILITY EASEMENT
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P P POWER POLE -11—CHAIN LINK FcNC
—T - -T— TELEPHONE LINE ROCK OR GRAVEL LAWN
STREETLIGHT —X—BARBED WRE FENCE
CLIENT.• DEVIN JONES
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Field Bcok No.: 73 -6
0 SU�vV
Project Na. 130320
-
ENGINEERING AND SURVEYING, INC.
2525 CALDER STREET BEAUMONT, TEXAS 77702
I,— RT1 -1410 • FAX (409) 813 -3484
SAC O�
NOW OR FORMERLY NOW OR FORMERLY
TOMMY L VICKERY LORAINE FRIDELLE
NOW OR FORMERLY
DA.NIC7 d d: KATHERINA VALDEZ
VOL. 1856 PG. 480 JCAD ACCOUNT NO.
)CAD ACCOUNT NO.
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JC'DR 077750-000-003000-00000-1
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(CALLED S 895230" W 131.5)
RE6AR
( RE$AR
- N 89'50'02' E 263.32' 5310 & 5340
LINDA LANE
(CALLED N 89'5230" E 263.2) (60' R.O.W., PER PLAT)
N
i
THIS SURVEY WAS COMPLETED WTHOUT A TITLE
—Az-
OMMITUENT EASEMENTS AND OTHER
ENCUMBRANCES OF RECORD WERE NOT RESEARCHED
/,7/r
AS PART OF OUR SERNCES. EASEMENTS AND
ENCUMBRANCES MAY EXIST ON THIS PROPERTY AND
ARE NOT REFLECTED ON THUS PLAT.
SCA_E: 1" = 50'
SURVEY'OR'S CER77FICATE
I do hereby certify to the best of my knowledge and belief that this is on accurate plat of a survey mode on the ground,
under my supervision, showing above ground improvements, visible encroachments and proposed structure,
as of OCTOBER29, 2013.
The above tract being located at 5310 & 5340 LINDA LANE, BEAUMONT, TEXAS 77708
The tract being described as THE SOUTH 200' OF LOT NUMBER NINE (9) AND LOT NUMBER TEN (10), IN BLOCK NUMBER ONE
r Y, OF WOODLAND ACRES as recorded in VOLUME 10, PAGE 46, OF THE MAP RECORDS OF JEFFERSON COUNTY, TEXAS. In
acco -dance with flood Insurance Rate Map (FIRM) of the Federal Emergency Managgement Agency, the subject tract is
ocoted in rlood Zone noted below. The location of the property was determined by scale. Actual field elevation was no'
de ±ermined, unless requested FAUST Engineering and Surveying, Inn d not war ant o- subscribe to the accuracy of
o. n
sad m. l — _ 11 -'
,i 20,3 FAUST EngiII —q and Su—�g, Inc. l ��fJV/tr• V I (/--
All rights reamed
THIS SURVEY 15 CERBFlED FOR THIS TRANSACTION ONLY AND IS NOT
1RANSFEItABLE RI ADDITIONAL INSTITUTIONS OR SUBSECUENT OBNERS USE RICHARD F. FAUST
OF THIS SURVEY FOR ANY OMER PURPOSE OR BY OTHER PARES SHALL BE REGISTERED PROFESSIONAL LAND SURVEYOR NO. 4782
AT THEIR OWN RISK AND ME UNDER9I ED SURVEYOR IS NOT RE5PCINSIBLE ENGINEERING FIRM REGlS1RAT10N N0. 4800
TO OTHERS FOR ANY LOSS RESUL77NC THEREFROM. RI EGIS . A77 •�r, 4800 nn
Date: OCTOBER 29, 2013
Census Tract: 200
FEMA Flnod Zone: X
Community Panel NO.:
1. FENCES OVERLAP 70' UTILITY EASEMENT
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Panel 816102
Dote:
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Field Bcok No.: 73 -6
0 SU�vV
Project Na. 130320
-
ENGINEERING AND SURVEYING, INC.
2525 CALDER STREET BEAUMONT, TEXAS 77702
I,— RT1 -1410 • FAX (409) 813 -3484
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ORDINANCE NO.
ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE
PERMIT TO ALLOW A MOTHER -IN -LAW QUARTERS IN AN
RS (RESIDENTIAL SINGLE FAMILY DWELLING) DISTRICT
AT 5310 LINDA LANE IN THE CITY OF BEAUMONT,
JEFFERSON COUNTY, TEXAS.
WHEREAS, Jesse Lee Turner and Ruby Turner Ott have applied for a specific use
permit to allow a mother -in -law quarters in an RS (Residential Single Family Dwelling)
District at 5310 Linda Lane, being Lot 9, Block 1, Woodland Acres, City of Beaumont,
Jefferson County, Texas, containing 4.807 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
a mother -in -law quarters in an RS (Residential Single Family Dwelling) District at 5310
Linda Lane, subject to the following conditions:
and,
• The mother -in -law quarters will not be leased;
• The mother -in -law quarters shall not be on a separate electrical meter;
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 a mother -in -law quarters in an RS (Residential
Single Family Dwelling) District at 5310 Linda Lane, being Lot 9, Block 1, Woodland Acres,
City of Beaumont, Jefferson County, Texas, containing 4.807 acres, more or less, as
shown on Exhibit "A," attached hereto, is hereby granted to Jesse Lee Turner and Ruby
Turner Ott, their legal representatives, successors and assigns, as shown on Exhibit "B,"
attached hereto and made a part hereof for all purposes, subject to the following
conditions:
• The mother -in -law quarters will not be leased.
• The mother -in -law quarters shall not be on a separate electrical meter.
Section 2.
That the specific use permit herein granted is expressly issued for and in
accordance with each particular and detail of the site plan attached hereto as Exhibit "B"
and made a part hereof for all purposes.
Section 3.
Notwithstanding the site plan attached hereto, the use of the property herein above
described shall be in all other respects subject to all of the applicable regulations contained
in Chapter 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 7th day of
January, 2014.
- Mayor Becky Ames -
File 2193 -P: Request for a specific use permit to allow mother -in -law quarters in an R -S
(Residential — Sino-le Family) District.
Location: 5310 Linda Lane
Applicant: Jesse Lee Turner, Jr.
0 100 200
1 1 1 1 Feet
EXHIBIT "A"
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January 7, 2014
Consider an ordinance approving a specific use permit to allow a self storage and truck rental
facility in a GC -MD (General Commercial - Multiple Family Dwelling) District at 1501 N. 7tn
Street
RICH WITH OPPORTUNITY
[I C. �
T• E• X• A• S
TO:
City Council Agenda Item
City Council
FROM: Kyle Hayes, City Manager
C )^17
PREPARED BY: Chris Boone, Director of Planning and Community
Development
MEETING DATE:
January 7, 2014
REQUESTED ACTION: Council consider an ordinance approving a specific use permit
to allow a self storage and truck rental facility in a GC -MD
(General Commercial - Multiple Family Dwelling) District at
1501 N. 711' Street.
BACKGROUND
Millinneum Storage, LLC, is requesting a specific use permit.
The GC -MD zoning at 1501 N. 7`1' Street allows for this kind of use with a specific use permit.
The applicants propose to revitalize the existing commercial building with many improvements
including, but not limited to, the roof and fagade. Phase I would incorporate the front 2 buildings
and provide 350 -400 storage units. Once this phase reaches 70% lease -out, Phase II will build -out
the 2 rear buildings for additional units/ rental space. Parking and utilities exist on the site to handle
expected demand and has met the requirements of the City. Landscaping will be added to enhance
the property.
At a Joint Public Hearing held December 16, 2013, the Planning Commission recommended 7:0 to
approve a specific use permit to allow a self storage and truck rental facility in a GC -MD (General
Commercial - Multiple Family Dwelling) District at 1501 N. 7`}' with the following conditions:
1. Applicant must seek approval from TX DOT for driveway access.
2. Perimeter landscaping of off - street parking must meet City requirements
3. Monument sign must meet setback requirements.
4. Sidewalks must be added /maintained.
FUNDING SOURCE
Not applicable.
RECOMMENDATION
Approval of ordinance with the following conditions:
1. Applicant must seek approval from TX DOT for driveway access.
2. Perimeter landscaping of off - street parking must meet City requirements.
3. Monument sign must meet setback requirements.
4. Sidewalks must be added /maintained.
LEGAL DESCRIPTION FOR ORDINANCE PURPOSES
Being Tracts 194A & 194C, Plat D12, A. Williams Survey, City of Beaumont, Jefferson County, Texas,
containing 4.807 acres, more or less.
PLAT-
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. am �y . D . 7g :,-: OVAn the MY of 3eaumont in order -,.o apply for an SUP (Specific Use Permit) at the
ad±nEs z! 1551 A 7" A i Easurnont, A 77701 The proposed use for the SUP viJI be self-storage and
:70A -F Ys ::hange io be done so that wE m 2 3ccommDd3te openiriig up a
:Zma�:Yw AAA Nle the cuuent swucvure of this Nation. A -jaas;bility study conduaed
Dy F :hM qa7, irdlawS 3 qeed for addtbnal seif-sto-age uim-,s in this area. Vle vvili rev- 21ize the
many :mprovEmErts inAding root Tayde, paving and she clan-up, VVe will ',kiork vvi-th
=:y ic a1u7nss Ery -eq&Ements on attaAed BE plan does not address. VVe intend to P!-ovide a
a7z � _ gf AnAzaping to We propeny in order to Zve our i',-,-,s! ness -,n attractiv2 presence in
44"
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_,Z�ED - ?ECCR3�3 OF ;E,��OrE^SO.tv COUATY� TEXAS.
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471"
ORDINANCE NO.
ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE
PERMIT TO ALLOW A SELF STORAGE AND TRUCK
RENTAL FACILITY IN A GC -MD (GENERAL COMMERCIAL -
MULTIPLE FAMILY DWELLING) DISTRICT AT 1501 N. 7T"
STREET IN THE CITY OF BEAUMONT, JEFFERSON
COUNTY, TEXAS.
WHEREAS, Millinneum Storage, LLC has applied for a specific use permit to allow
a self storage and truck rental facility in a GC -MD (General Commercial - Multiple Family
Dwelling) District at 1501 N. 7th Street, being Tracts 194A & 194C, Plat D12, A. Williams
Survey, City of Beaumont, Jefferson County, Texas, containing 4.807 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
a self storage and truck rental facility in a GC -MD (General Commercial - Multiple Family
Dwelling) District at 1501 N. 7th Street, subject to the following conditions:
and,
• Applicant must seek approval from TXDOT for driveway access;
• Perimeter landscaping of off - street parking must meet City requirements;
• Monument sign must meet setback requirements;
4 Sidewalks must be added /maintained;
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 a self storage and truck rental facility in a GC -MD
(General Commercial - Multiple Family Dwelling) District at 1501 N. 7th Street, being Tract
194A & 194C, Plat D12, A. Williams Survey, City of Beaumont, Jefferson County, Texas,
containing 4.807 acres, more or less, as shown on Exhibit "A," attached hereto, is hereby
granted to Millinneum Storage, LLC, its legal representatives, successors and assigns, as
shown on Exhibit "B," attached hereto and made a part hereof for all purposes, subject to
the following conditions:
Applicant must seek approval from TXDOT for driveway access.
« Perimeter landscaping of off - street parking must meet City requirements.
Monument sign must meet setback requirements.
« Sidewalks must be added /maintained.
Section 2.
That the specific use permit herein granted is expressly issued for and in
accordance with each particular and detail of the site plan attached hereto as Exhibit "B,"
and made a part hereof for all purposes.
Section 3.
Notwithstanding the site plan attached hereto, the use of the property herein above
described shall be in all other respects subject to all of the applicable regulations contained
in Chapter 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 7th day of
January, 2014.
- Mayor Becky Ames -
File 2191 -P: Request for a specific use permit to allow a self storage and truck rental N
facility in a GGiVID (General Commercial — Multiple Family Dwelling) District.
Location: 1501 N. 7`h Street
Applicant: American Industrial Warehouse
0 100 200
1 1 1 1 Feet
1= XhIBIT "A„
--T
71
NO _71i 7TITSTRIEET
*Approval of ordinance with the following conditions:
I Applicant must seek approval from TX DOT for driveway access.
2 Perimeter landscaping of off-street parking must meet City requirements.
3. Monument sign must meet setback requirements. EXHIBIT "B"
4. Sidewalks must be added/maintained.
January 7, 2014
Consider an ordinance approving a specific use permit to allow a hose and gasket fabrication plant
in an L (Light Industrial) District at 3155 W. Cardinal Drive
€{ICH WITH OPPORTUNITY
TL
C, [I 1�1 C1 I "(
T- E - X - A• S
City Council Agenda Item
City Council
FROM: Kyle Hayes, City Manager
01'�
PREPARED BY: Chris Boone, Director of Planning and Community
Development
MEETING DATE: January 7, 2014
REQUESTED ACTION: Council consider an ordinance approving a specific use permit
to allow a hose and gasket fabrication plant in an LI (Light
Industrial) District at 3155 W. Cardinal Drive.
BACKGROUND
Wilson Investments, Inc., is requesting a specific use permit.
The Ll zoning at 3155 W. Cardinal Drive allows for this kind of use with a specific use permit.
GHX Industrial, L.L.C., the company wishing to relocate to this site, provides localized
manufacturing and services to 24 locations across the US. The property to the East, West & South
is all zoned LI (Light Industrial) and, if developed, occupied by compatible uses. Water Utilities is
requesting an industrial waste water survey along with information to detennine if the facility is
subject to pretreatment regulations. All necessary utilities are available at the site and otherwise
appear adequate to meet City of Beaumont requirements.
At a Joint Public Hearing held December 16, 2013, the Planning Commission recommended 7:0 to
approve a specific use permit to allow a hose and gasket fabrication plant in an LI (Light Industrial)
District at 3155 W. Cardinal Drive subject to the following conditions:
1. Applicant must seek approval from TX DOT for driveway access.
2. Revised site plan required to accommodate landscape requirements.
FUNDING SOURCE
Not applicable.
RECOMMENDATION
Approval of ordinance subject the following conditions:
1. Applicant must seek approval from TX DOT for driveway access.
2. Revised site plan required to accommodate landscape requirements.
SPECIFIC USE PERMIT APPLICATION BEAUMONT,
TEXAS
(Chapter 28. City Co&e )
FO: THE PLANNING COMMISSION AND CITY COUNCIL, CITY OF BEAUMON I. TEXAS
W. E. Wilson. Jr. c/o Wilson Investmen
APPLICANT'S NAME:
APPLICANT'S ADDRESS: 2615 Calder, Suite 1050. Beaumont. Texas 77702
APPLICANT'S PHONE � (409) 833 -1908 FAX #: 199) 838 2656
NAME OF OWNER: LAMAI), LP, PO Box 20755, Beaumont. Texas
E. G. Cordts, Jr. SLIP Management, 5 Acadiana Court, Suite A, Beaumont. Texas
ADDRESS OF O \ VNER: AV. E. Wilson. Jr.. Wilson Investments_ 2615 Calder. Suite 1050_ Beaumont Texas
LOCATION OF PROPER Y:
LEGAL DESCRIPTION OF PROPER CA
LOT NO. SEE ATTACHED PROPF,RFY DESCRIPTION OR TRACT
I3LOCK NO
ADDITION
PLAT
SURVEY
NUMBER OF ACRES _ NUMBER OF ACRES
For properties not in a recorded subdivision, submit a copy of a current survey or plat showing the properties proposed for a specific use
permit, and a complete legal field note description.
Licht Industrial
PROPOSED t SE: Hose and Gasket Fabrication _ZONE„
ATTACH A LETTER describing, all processes and activities involved with the proposed uses.
ATTACH A SITE PLAN drawn to scale with the information listed on the top back side of this sheet.
ATTACH A REDUCED 8'/2" X 11" PHOTOCOPY OF THE SITE PLAN.
THE EIGHT CONDITIONS listed on the back side of this sheet must be met before City Council can grant a specific use permit. PLEASE
ADDRESS EACH CONDITION IN DETAIL.
ATTACH THE APPROPRIATE APPLICATION FEE:
LESS TI IAN ';_ ACRE .......... ............................... ........................5250.00
ACRE OR MORE AND LESS TFIAN 5 ACRES ...................S450.00
3 RES OR MORE ............ ............................... ........................5650.00
L being the undersigned applicant, understand that all of the conditions. dimensions, building sizes, landscaping and parking areas depicted on the
site plan shall be adhered to as amended and approved by City Council.
SIGNATURE OF APPLICANT: f ; `�� -✓'� DATE:
- SIGNATURE PAGE AT IIACHED
SIGNATURE OF OWNER: DATE:
PLEASE TYPE OR PRI'N'T AND SUBMIT TO: CITY OF BEAUMONT
PLANNING DIVISION
801 MAIN STREET, ROOM 201 BEAUMONT, TX 77701
DATE RECEIVED: ! Phone - (409) 880 -3764
Fax - (409) 880 -3133
Fittz&Shipman
INC
Consulting Engineers and Land SurveYors
Ronald D. Fittz, P.E., R.P.L.S. (1948 -1987)
Terry G. Shipman, P.E., Chairman
Billy J. Smith, Jr., President
Donald R. King, P.E.
Walter J. Ksiazek, R.P.L.S.
November 20, 2013
Planning Commissioners & City Council
City of Beaumont, Texas
801 Main Street
Beaumont, Texas 77701
Re: Application for Specific Use Permit
GHX Industrial, LLC,
Dear Commissioners and Council Members:
This application is submitted to you on behalf of Wilson and Company for a proposed light industrial facility to be
located at 3155 W. Cardinal Drive in Beaumont. The use of the property is consistent with current zoning and
requires a specific use permit due to the nature of the business activities to be conducted on the site. GHX Industrial,
LLC, the business relocating to this property, manufactures industrial gaskets and hoses. They are currently located
at 1550 E. Cardinal Drive in Beaumont. We have submitted a brochure describing their business activities with this
application.
We believe that all conditions required by the zoning ordinance for issuance of a Specific Use Permit will be met by
this project as detailed below:
CONDITION - That the specific use will be compatible with and not injurious to the use and
enjoyment of other property, nor significantly diminish or impair property values within the
nnlnedlate vicinity.
MET - The property adjacent to the site and fronting Cardinal Drive is zoned for light
industrial uses. The property adjacent to the West is currently being utilized as light
industrial and the property adjacent to the East is vacant land also zoned for light industrial
uses. The proposed GHX facility is completely compatible with zoning and use as it is
currently operating as such at 1550 E. Cardinal Drive.
I. I "'DITION - That the establishment of the specific use will not impede the normal and orderly
t viV
development and improvement of surrounding vacant property.
MET - The surrounding vacant land is zoned for light industrial use as is the proposed GHX
site.
CONDITION - That adequate utilities, access roads, drainage and other necessary supporting
facilities have been or will be provided.
MET — Adequate water, access roads, and drainage is available and /or will be provided
according to the requirements of the City of Beaumont to include fire protection and a
drainage plan as directed by Drainage District 6.
4. CONDITION - The design, location and arrangement of all driveways and parking spaces provides
for the safe and convenient movement of vehicular and pedestrian traffic without adversely affecting
the general public or adjacent development.
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
City of Beaumont
November 20, 2013
Page 2
Application Letter
Specific Use Permit, GHX Industrial, LLC
MET — As can be seen from the proposed site plan, adequate parking, driveway access, fire
department access, and materials pick -up and delivery are addressed in a safe manner and
without any impediment to pedestrian movement or adjacent development.
CONDITION - That adequate nuisance prevention measures have been or will be taken to prevent or
control offensive odor, fumes, dust, noise and vibration.
MET — The facility will be of steel construction with a concrete tilt -wall exterior. Facility
operations are primarily conducted within the building envelope. Little, if anv offensive
conditions will exist outside of the building. Normal operations with include the routine
pick -up and delivery of materials consistent with operations within light industrial zoning.
CONDITION - That directional lighting will be provided so as not to disturb or adversely affect
neighboring properties.
Met — Lighting planned for the facility will be directional in nature and will not adversely
affect neighboring properties.
That there are sufficient landscaping and screening to insure harmony and compatibility with
adjacent property.
MET — Landscaping, screening and irrigation will be provided consistent with City of
Beaumont requirements. This is indicated on the site plan.
CONDITION - That the proposed use is in accordance with the Comprehensive Plan.
MET —'The GHX facility proposed is consistent with the City of Beaumont Comprehensive
Plan. The business activities conducted by GHX are entirely consistent with the current light
Industrial zoning of the property as designated by the City. It is compatible with adjacent
business activities will merely be a relocation of the business currently located at 1550 E.
Cardinal Drive to a newer and larger facility.
Sincerely,
FITTZ & SHIPMAN, INC.
X41. sue, k.
Billy J. Smith, Jr.
For the firm
FittzgShipman, Inc.
City ofBeaumont
November 20.2O13
Page
SIGNATURE OFOWNERS:
c/o Wilson Investinents
2615 Calder Suite 1050
Buuumnot, Texas 77702
P. 0. Box 20755
Beaumont. Texas 77720
Application Letter
Specific Use Permit, GHX Industrial, LLC
SIGNATURE PAGE
Application for Specific Use Permit
Proposed 6HX Industrial Facility
3155 West Cardinal Drive
Beaumont, Texas
`
SHP Management, Inc.
5 Acadiana Court, Suite
Beaumont, Texas 77706
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L3
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71.35
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N 61'39'54" W
71.32
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145.11
CALLED
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145.01
L5
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261.04
CALLED
S 70'42'37" E
L6
N 89'56'46" W
199.93
CALLED
N 89'57'57" W
200.00
L7
N 89'52'22" E
248.38
CALLED
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INC. PROJECT NAYS: 3.127 ACRE TRACT
ConmilmgEMmem and Land Sun,*vrs J. W. BULLOCK SURVEY, A -7
1405 CORNERSTONE COURT, BEAUMONT, TEXAS JEFFERSON COUNTY, TX PROJECT NO.
(409) 832 -7238 FAX (409) 832 -7303 DATE'11 -20 -1 13102.0000
ORDINANCE NO.
ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE
PERMIT TO ALLOW A HOSE AND GASKET FABRICATION
PLANT IN AN LI (LIGHT INDUSTRIAL) DISTRICTAT 3155 W.
CARDINAL DRIVE IN THE CITY OF BEAUMONT,
JEFFERSON COUNTY, TEXAS.
WHEREAS, Wilson Investments, Inc., on behalf of the owners, W. E. Wilson, Jr.,
LOMAD, L.P., and E. G. Cordts, Jr., has applied for a specific use permit to allow a hose
and gasket fabrication plant in an LI (Light Industrial) District at 3155 W. Cardinal Drive,
as described in Exhibit "A" and shown on Exhibit "B," 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
a hose and gasket fabrication plant in an LI (Light Industrial) District at 3155 W. Cardinal
Drive, subject to the following conditions:
and,
• Applicant must seek approval from TXDOT for driveway access;
• Revised site plan required to accommodate landscape requirements;
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 a hose and gasket fabrication plant in a LI (Light
Industrial) District at 3155 W. Cardinal Drive, as described in Exhibit "A" and shown on
Exhibit "B," attached hereto, is hereby granted to W. E. Wilson, Jr., LOMAD, L.P., and E.
G. Cordts, Jr., their legal representatives, successors and assigns, as shown on Exhibit
"C," attached hereto and made a part hereof for all purposes, subject to the following
conditions:
• Applicant must seek approval from TXDOT for driveway access.
• Revised site plan required to accommodate landscape requirements.
Section 2.
That the specific use permit herein granted is expressly issued for and in
accordance with each particular and detail of the site plan attached hereto as Exhibit "C"
and made a part hereof for all purposes.
Section 3.
Notwithstanding the site plan attached hereto, the use of the property herein above
described shall be in all other respects subject to all of the applicable regulations contained
in Chapter 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 7th day of
January, 2014.
- Mayor Becky Ames -
LEGAL DESCRIPTION FOR ORDINANCE PURPOSES
ON PROPERTY DESCRIBED AS FOLLOWS: Being That certain 3.127 acre tract out of the J. W.
Bullock Survey, Abstract 7, Jefferson County, Texas, being comprised of 2.543 acres out of a called
5.9608 acre tract conveyed to LoMad, L. P. as recorded in Clerk's File No. 2012023933 of the
Official Public Records of Jefferson County, Texas and a 0.5838 acre tract out of the remainder of a
called 44.763 acre tract conveyed to E. G. Cordts, Jr. said 3.127 acres being more particularly
described by metes and bounds as follows:
Note: The Basis of Bearings is the east line of the said 5.9608 acre tract having been called North
00 °15'09" East 1261.71 feet.
BEGINNING at a capped iron rod found in the south right -of -way line of U. S. Highway 69, 96 and
287 (aka W. Cardinal Drive) for the northwest corner of the said 5.9608, 2.543 and 3.127 acre
tracts:
THENCE South 61 °38'26" East along the said south right -of -way line of U.S. Highway 69, 96 and
287 (aka W. Cardinal Drive) for the northwest corner of the said 5.9608, 2.543 and 3.127 acre tract
A DISTANCE OF 71.35 FEET (CALLED South 61 °3954" East 71.32 feet) to a capped iron rod
found for an angle point;
THENCE South 70 °43'02" East continuing along the said south right -of -way line of U. S. Highway
69, 96 and 287 (aka W. Cardinal Drive) and the said north line of the 5.9608, 2.543 and 3.127 acre
tracts a distance of 145.11 feet (called South 70 °42'27" East 145.01 feet) to a capped iron rod found
for the northwest corner of the said 0.5838 acre tract, the northeast corner of the said 5.9608 and
2.543 acre tracts and an angle point of the said 3.127 acre tract;
THENCE South 70 °42'06" East continuing along the said right -of -way line of U.S. Highway 69, 96
and 287 (aka W. Cardinal Drive) and the north line of the said 0.5838 and 3.127 acre tracts a
distance of 52.89 feet (called South 70 °42'37" East) to a' /z" capped iron rod set for the northeast
corner of the said 0.5838 and 3.127 acre tracts;
THENCE North 89 °45'20" West along the south line of the said 0.5838, 2.543 and 3.127 acre tracts
a distance of 250.03 feet to a point in the west line of the said 5.9608 acre tract for the southwest
corner of the said 2.543 and 3.127 acre tracts from which a capped iron found for the southwest
corner of the said 5.9608 acre tract bears South 00 °14'40" West 745.10 feet (called South
00 °15'09" East);
THENCE North 000 14'40" East along the west line of the said 5.9608, 2.543 and 3.127 acre tracts a
distance of 598.23 feet (called North 00 °15'09" East) to the POINT OF BEGINNING and
containing 3.127 acres of land, more or less.
EXHIBIT "A"
File 2192 -P: Request for a specific use permit to allow a hose and gasket fabrication plant
in an LI (Light Industrial) District.
Location: 3155) W. Cardinal Drive
Applicant: W. E. Wilson, Jr. c/o Wilson Investments, Inc. p 100 200
1 1 I 1 Feet
EXHIBIT "B"
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January 7, 2014
Consider an ordinance abandoning a portion of the alley in Block F, Pennock and Potts Addition at
2055 Southerland Street
RICH WITH OPPORTUNITY
[I ri
C, 11 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 and Community
Development
MEETING DATE: January 7, 2014
REQUESTED ACTION: Council consider an ordinance abandoning a portion of the
alley in Block F, Pennock and Potts Addition at 2055
Southerland Street.
BACKGROUND
Michael A. Minix has applied for the abandonment of a 28'x 138'± portion of an alley.
The alley is located between Lots 3 -5 & 8 -10 in Block F of Pennock & Potts Addition. Mr.
Minix owns the property on either side of the alley. He would like to include and maintain this
portion of the alley as part of his yard.
This item was sent to all interested parties. No negative responses were received.
At a Joint Public Hearing held December 16, 2013, the Planning Commission recommended
approval 7:0 of the abandonment.
FUNDING SOURCE
Not applicable.
RECOMMENDATION
Approval of ordinance.
LEGAL DESCRIPTION FOR ORDINANCE PURPOSES
Being a 0.089 portion of an alley located in Block F, Pennock & Potts Addition, beginning
between Lots 3 -5 & 8 -10, Beaumont, Jefferson County, Texas, containing 0.089 acres, more or
less.
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 EASEMENT (UE)
OR RIGHT- OF- WAYY/J BUT %RETAIN ,UTILLI�JTY EASEMENT.
NAME OF APPLICANT;//(I'C ��-1 _/� J PHONE: �(0� 2S -34 MAX:
AUTHORITY OF
APPLICANT: owmCes
NAME
OWNER:F /'/ ,'e,4 c, J d" L5 PLO 1 x -
ADDRESS: 105.5 ��O uf� cr 1 Ah cj $l. PHONE {� 2S� FAX:
ALL OWNERS ABUTTING THE ROW OR UE MUST SIGN WRITTEN REQUEST.
(PLEASE ATTACH PROPERTY OWNER'S LIST TO THE APPLICATION)
DESCRIPTION 01 RO OR UE TO BE 3 y
ABANDONED: `n(L 0 ul c td c e +ti _ / �-
PRESENT USE OF ROW OR UE (LIST UTILITIES IF
PRESENT).`_ t4
.% ATTACH A LETTER STATING THE REASONS FOR THE ABANDOMNIENT.
LEGAL DESCRIPTION OF PROPERTY:
LOT NO. _ OR TRACT --
BLOCK NO. PLAT
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 KNOWLEDGE, THE ABOVE INFORMATION IS TRUE AND CORRECT.
SIGNATURE OF )
DATE: -
A I f
PLEASE TYPE OR PRINT AND SUBMIT TO: PLANNING DIVISION, ROOM 203
CITY HALL, 801 MAIN STREET
BEAUMONT, TX 77701
FILE NUMBER: `fJ ' C P.O. BOX 3827 77704
DATE RECEIVED: 6 (409) 880 -3764 FAX (409) 880 -3133
APPLICATION FOR PUBLIC RIGHT -OF -WAY, ALLEY OR UTILITY EASEMENT ABANDONMENT
Application Ownership List
Date: 11- f - 13
We, the undersigned, being the sole owners of all the property abutting the proposed abandonment
of
f h�t. o d ul
that the right -of -way, alley, or utility casement be closed and abandoned.
ed
hereby respectfully petition
OWNER and ADDRESS
Lot
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NOTE: Please print or type your name and then use signature. Separate sheets may be used.
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ORDINANCE NO.
ENTITLED AN ORDINANCE VACATING AND ABANDONING
A 28'x 138'± PORTION OF AN ALLEY LOCATED AT 2055
SOUTHERLAND STREET BETWEEN LOTS 3 -5 AND 8 -10,
BLOCK F, PENNOCK & POTTS ADDITION, BEAUMONT,
JEFFERSON COUNTY, TEXAS.
WHEREAS, Michael A. Minix has applied for an abandonment of a 28' x 138'±
portion of an alley, being a 0.089 portion of an alley located in Block F, Pennock & Potts
Addition, beginning between Lots 3 -5 and 8 -10, Beaumont, Jefferson County, Texas,
containing 0.089 acres, more or less, 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 alley is no longer necessary for municipal street purposes and the
abandonment of said right -of -way 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 ordinance are hereby, in
all things, approved and adopted; and,
THAT a 28'x 138'± portion of an alley, being a 0.089 portion of an alley located in
Block F, Pennock & Potts Addition, beginning between Lots 3 -5 and 8 -10, Beaumont,
Jefferson County, Texas, containing 0.089 acres, 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 7th day of
January, 2014
- Mayor Becky Ames -
File 843-OB: Request to abandon a portion of the alley in Block F, Pennock and Potts
Addition.
Location: 2055 Southerland Street
Applicant: Michael A. Minix
0 100 200
1 1 1 1 Feet
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EXHIBIT "A"
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January 7, 2014
Consider a resolution approving the renewal of an annual maintenance agreement from SunGard
Public Sector for use by Police, Fire and EMS
RICH WITH OPPORTUNITY
[1EAi[111C111T
T - E - X- A - S
TO:
FROM:
PREPARED BY:
MEETING DATE:
City Council Agenda Item
City Council
Kyle Hayes, City Manager
Bart Bartkowiak, Chief Technology Officer 3 3
January 7, 2014
REQUESTED ACTION: Council consider a resolution for the renewal of an annual
maintenance agreement from SunGard Public Sector in the
amount of $244,746.74 for use by Police, Fire, and EMS.
BACKGROUND
SunGard Public Sector software is used by Police, Fire, and EMS for dispatching of emergency
personnel, records management for police, miscellaneous reporting, case management, and
numerous other essential functions for Public Safety. This purchase is exempt from competitive
bidding since it is available from only one (1) source having exclusive rights to modify and
maintain the software. The software maintenance agreement provides twenty- four /seven
unlimited telephone support for 911 dispatching; Monday — Friday, 8 — 5 support for mobile
computers, electronic field reporting, and all records management applications, and provides
annual software upgrades.
This agreement is for an annual period beginning January 2014 and includes the following
applications.
F Software Application
Contract Amount
OSSI Computer Aided Dispatching with Mapping
$37,354.09
OSSI Roster Module
$1,229.20
OSSI Firehouse Records Interface
$3,025.72
OSSI EMS Interface to Zoll Patient Billing
$1,418.31
OSSI CAD Resource Monitor
$3,915.96
OSSI Station Toning Module
$2,940.03
Records Management
$48,909.61
Accident Module
$6,336.66
Training Module
$3,193.82
Mobile Dispatching and Field Reporting
$80,722.95
Automatic Vehicle Locator System
$15,619.73
Integrated State Message Switch
$11,270.52
Police 2 Citizen
$2,101.20
Evidence Notification with bar coding
$2,685.32
Quartermaster Module
$1,092.62
Animal Services and K9
$2,437.40
Custom Interfaces
$3,025.73
Intelligence Module
$1,260.72
Link Analysis Module
$2,101.20
OSSI Notification Module
$5,799.31
Crime Analysis Plus
$3,782.16
OpsCAD
$1,120.00
Sex Offender Module
$1,328.00
Racial Profiling Module
$840.48
OSSI Cry Wolf Interface
$1,236.00
Total
$244,746.74
FUNDING SOURCE
General Fund — Information Technology and Confiscated Goods — Police.
RECOMMENDATION
Approval of resolution.
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF BEAUMONT:
THAT the City Manager be, and he is hereby, authorized to pay an invoice in the amount
of $244,746.74 to SunGard Public Sector for the renewal of an annual maintenance
agreement for Police, Fire and EMS public safety software support beginning January,
2014.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 7th day of
January, 2014.
- Mayor Becky Ames -
January 7, 2014
Consider a resolution approving a contract with A. J. Gallagher Risk Management Services of
Dallas for workers' compensation excess insurance
RICH WITH OPPORTUNIITY
[I C, �
T - E - X - A• S
TO:
FROM:
PREPARED BY:
MEETING DATE:
City Council Agenda Item
City Council
Kyle Hayes, City Manager
Laura Clark, Chief Financial Officer's
January 7, 2014
REQUESTED ACTION: Council consider a resolution approving the award of a
contract for workers' compensation excess insurance to A.
J. Gallagher Risk Management Services, of Dallas, in the
annual amount of $120,758.
BACKGROUND
The City is self - insured for its workers' compensation program. The excess insurance coverage
limits the City's liability for claims from any one job - related accident or injury. The City's
liability is called Self Insured Retention (SIR), which means the insurance carrier will cover all
cost incurred on any individual claim of more than $1,500,000, up to any amount authorized by
statute. Our current policy is with Star Insurance Company. The annual premium for the
calendar year of 2013 was $87,500. Approximately 1285 full -time employees and 200 part time,
temporary and /or casual employees are covered by workers' compensation.
A Request for Proposal was sent to nineteen (19) vendors. One (1) response was received. A
panel of City employees reviewed the response. The panel chose A. J. Gallagher Risk
Management Services who represents Midwest Employers Insurance Company. Midwest
Employers Insurance Company has a Best Rating of A+ / XV. All specifications were met and
the results are attached for review.
The policy is for one (I) year. There is no option to renew. Based on the 2013 projected
payroll of $74,958.300, the annual premium is $120,758.
FUNDING SOURCE
Employee Benefits Fund.
RECOMMENDATION
Approval of resolution.
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RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF BEAUMONT-
THAT the City Council hereby approves the award of a one (1) year contract to A. J.
Gallagher Risk Management Services, of Dallas, Texas, in the amount of $120,758 for
workers' compensation excess insurance coverage.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 7th day of
January, 2014.
- Mayor Becky Ames -
January 7, 2014
Consider a resolution approving a change order to the contract with Brystar Contracting for the 7t"
Street .'Road Project
RICH WITH OPPORTUNITY
r
T - E• X - A - S
TO:
FROM:
PREPARED BY:
MEETING DATE:
City Council Agenda Item
City Council
Kyle Hayes, City Manager
Patrick Donart, Public Works Director
January 7, 2014
REQUESTED ACTION: Council approval of a resolution approving a change order to
the contract with Brystar Contracting for the 7`h Street Road
Project.
BACKGROUND
On April 30, 2013, City Council awarded Brystar Contracting, Inc. the contract for the Paving and
Drainage Improvements on 7th Street (Laurel to IH -10) Project in the amount of $6,075,569.65.
This project will consist of reconstructing the existing dilapidated asphalt pavement, upgrading its
storm sewer system and replacing water and sanitary sewer mains including appurtenances.
Change Order No. I in the amount $555,226.75 represents an increase of 9.14% to the original
contract amount resulting in a revised contract amount of $6,630,796.40. The proposed changes to
the contract will modify the design to resolve utility conflicts and adjust construction time by
adding sixty days (60). Additional changes include furnishing and installing 8" water main
interconnections to existing lines and 12" to 8" sanitary sewer connections with appurtenances to
meet actual site conditions and deduct items which will not be used. These changes are as a result
of utility conflicts discovered in the field which should have been addressed in the final design
provided by the consulting engineer.
FUNDING SOURCE
Street Improvements from Airport Royalties Fund
RECOMMENDATION
Approval of resolution.
CITY OF BEAUAIO'\T
DATE: 25 NOVEMBER 2013
PROJECT: SEVENTH STREET PAI,'EMEN'TAND DRAINAGE I MFROVENIENT PROJECT
OWNER: CLTY OF BEAUMONT
CONTRACTOR: BRYSTAR CONTR ACTING, INC.
CHANGE ORDER NC_: 01
THE FOLLOWING CHANGES IN THE PLANS AND /OR SPECIFICATIONS ARE HEREBY AL9DE:
Add!Dcle19 Cnngn¢ lion Dan, .2nd"" puam;l" in
Rem
N..
Item
CIVIC
Des ripGun
knit Qn nHry Qnu nih,
Pri
Anmunl
PAVING AND DRAINAGF.
DEDUCTION:
0.011
13.75
fS98.J262C)
260
601 LINIETRTMNT
ROAD MIX DENSITY CON L6"
SY
26,217
RD0
$17O.DU
(583.6JO.M11
260
002
LIMETRT tNTHN,DRATEDLIMESLIIRRN'FITNL TONS
492
CENiE NTTRTDIN 'TPLA- NTMtICLLTT'A3WMl- 7UAN'S
SY
26,247 6.DO
5R.UU
(SJ]'_•Jab.W)
'76
" GRD
3, N"
1.]2{ D.IID
5.50.W
(SNfi 2011.1u1)
461
nUl 19-
RCP tCL 1111
LF
W N.W
13300.1!0
1T13a.iWroUll
165
001 CURB
INLEI "TT'YEACOA1fLEfE
EA
TOTAL AMOUNT DEDUCTED
ADDIPON:
26 64
Tl,Inn3M
SJi,080.00
IW
001 i`REP
ARE ROW ITR EE R F.MOVAL7
EA
59.SDI
52'711_41
110
WI
EXCAVATION BOADWAVS ALL DEITIIS
CY
11571 1J,JNA
CEM EN'TTRI'MNT I'IANT M IS CL L TL A 30111.11 -7 DAYS
SS,
2634-
52].00
S70A,G69.MI
276
003
GRU 3,12-
ST'RUCTIIRAL EXCAVATION TRENCH
CY'
19.7N2 19.940
39.50
S] SOI.W
100
IMI
0112
CEM ENT STABILIZED BACKFILI, (BOX &fiPE)
CY
SSXp S,i1X
SJU.(w
Sfi 32D.00
400
LF
I'2J
5'I All
'51580.00
4610
0(II
18 "IRBE, rt1'FS
11
SI.I MI.W
523011.00
5112
OOI
BARRICADES, SIGNS &TRAFFIF HANDLING
MO
12
4.50
WI
CURB INLETTTA1(MODXFLOWLINE DEr11)(651'11
EA
2
S5.tiD11.00
SI I.211U.M1
4641
WS
CDIIB INLETTY AZ (MOD86T.OWLINE UErT1197_5 FT)
EA
- 10
56.1 W.W
S61.IN10.W
OOJ
CARD INLET 3 (MODRFLOWLIN' DRI'TIINM.0 F11
EA
9
S7.MX1.W
561,011(I.W
4650
FI)
EA
'' -1
SJ W7.W
595.4 Kl.W
4650
11X10
ON
D01
CURD INLET TY R(MOU)IILOWLINE DEITID(5
I8" HOPE ADDNL.... ILABOB AT &T DUCT CROSSUNUE0.
F.A
- 23
S3,SW.00
SA0,500.OD
10111)
M,,
42" RCP ADDNL EQUINLABOR AT &T DUCT CROSSUNDER
FA
$6,800.00
Si 3.MM.IM
TOTAL AMOUNT ADDED
T119_R68.41
WATER & SANITARY SEWER LTILITIES
DEDUCTION
LF
741 567
Sd0.00
(57120 Iw)
8" SAN SWR PI rE DURST
170
S65.W
134541.D111
8" SAN SWR LINEICOMPLETE)
LF
24.
EA
S.i. N) aD
(S6,mo")
20" 8' TF.E
($18.710. W1
TOTAL AMOUNT DEDUCTED
ADDITION
LF
A5U I,.S31
T3X.W
526.106.00
6.106.0
6- E.
6" SAN SWR PIP BURST
A{o
$".Iw
S40,256.M1
b" SAN SWR LINEICOMYLETE)
LF
221.
$4 MGM
12" SAN SWR LINE(COMFLETE)
LF
- 6i
S?5.w
EA
12 18
id,,ax,GD
S28181a.0
SAN ITARY SEWER MANHOLE
LF I
60D
S42.W
525.200W
10" SAN SWR PIPE BURST
6
S2,fX801w
INTERCONNECT R'rR01'T08 "EXIST WATERMAIfS
EA
SS,SWI.W
B' X 45 DEC REND
EA
IH I
l:
S3 .0
$1
l ?5.00
SS_CMI.IIO
8" SOLID SLEEVE
EA
4
S570.W
T'_3X0.DI1
8" X 90 DEG (SWIVEL( REND FOSTER ADAPTER
EA
SEIw.W
3131NI.W
A" X 2 " TAPPED CAP
EA
6
60
T135.nD
SX.I OU.W
A' WATEItMAIN IN i/" STEEL CASING
LF
I
S2(.21w.00
INTERCONNECT B "PNOPT06 "EXIST N'ATEBMAIM1'
EA
Id
SI.AOO.IH1
EA
26
42J11.Iw
56.240.00
6" X 45 DEG BEND
I F.A
161
4:75.00
S440D.00
6- SOLID SLEEVE
b
5110.00
S2,,160.N1
6" X 9 DEG (SWIVEL) REND FOSTER ADAITER
6" WATERMAIN IN 12" STEEL CASING
LF
- 120
395.06
511,41111. 00
FA
1N 22
Ti,l W.00
Si,dOC!W
8- GATE VAT VIE &BOX
i 3
SMID.DD
Sl_UO.W
8" X B. CROSS
EA
3 9
EG6n.DD
S3_MO.W
V X 6" CROSS
EA
i
T5,6Dn.DD
Si,blro.W
20" X 8' CROSS
EA
FA
� ]
5750.W
5150.110
V X V1APPEU CAP
Z
5190.00
S3Fn.IX1
2" 90 DEG BEND
EA
1
5150.00
SISII.W
6" X 1' TAPPING SADDLE
EA
IOfw 003
6 "B"WM ADDNL EQIIIrA,ABOR AT &T DUCT CROSSUNDF.R
EA
- t
T3,0Dn.W
s3,000A0
CLEAN& TELEVISION INSrECTTON ''(.STORM /SAN'SWR)
LF
LOW
Se_50
11 438.56
5518 MD
TOTAL AMOUNT ADDED
5256.2..0.5.
rRnNGF [IRDF.{2 TClTALAMOUNT
ADIIEU
5555.226.75
ORIGINAL CONTRACT AMOUNT: 56,073,569.65
NET FROM ('REV I OUS CIIANG E ORDERS: S6,U ?5,560-65
TOTAL AMOUNT OF TI ITS CHANGE ORDER: 5555326. ?S
rERCENT OF T71IS CHANCE ORDER:
TOTAL PERCENT CHANCE ORDER TO DATE:
NEW CONTRACT AMOUNT: S6,G30,796.a0
60 CALEN"DAYSHA N AIDED IN TIDE CON RA CT BI' TIIIS CIIANGE ORDER
ACCEPTED BY: EPARED BY:
R i $4�.AA.IKID-111
CONTINC /T/IJN'G, INC. PROJECT MANAGER
APPROVED BY:
D}i.JO5Er11 M9dD LAN(, r.E
� CTI'Y EN ((INFER
PATRIC DONART, P.F_ DR. RANI I.ORME, P.E,
PUBLIC WORKS DIRECTOR WATER UTILITIES DIRECTOR
ATTESTED BY:
KYLE NAPES, CITY NIANAGFR TINA BROUSSARD, CIT1 CLERK
RESOLUTION NO.
WHEREAS, on April 30, 2013, the City Council of the City of Beaumont, Texas,
passed Resolution No. 13 -095 awarding a contract in the amount of $6,075,569.65 to
Brystar Contracting, of Beaumont, Texas, for the Seventh Street Pavement Widening and
Drainage Improvement Project; and,
WHEREAS, Change Order No. 1 in the amount of $555,226.75 is required to modify
the design to resolve utility conflicts and adjust construction time by adding sixty (60) days
and to furnish and install 8" water main interconnections to existing lines and 12" to 8"
sanitary sewer connections with appurtenances to meet actual site conditions and
deducting items which will not be used, thereby resulting in a revised contract amount of
$6,630,796.40.
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the statements and findings set out in the preamble to this resolution are hereby, in
all things, approved and adopted, and
THAT the City Manager be and he is hereby authorized to execute Change Order
No. 1 for additional work described above, thereby increasing the contract amount by
$555,226.75 for a revised total contract amount of $6,630,796.40.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 7th day of
January, 2014
- Mayor Becky Ames -