HomeMy WebLinkAboutPACKET JUN 24 2014 (02)H1( It WITH OPPOHit'%17'1
BEA.UMON*
T - �E • X • A • S
REGULAR MEETING OF THE CITY COUNCIL
COUNCIL CHAMBERS JUNE 24, 2014 1:30 P.M.
CONSENT AGENDA
Approval of minutes — June 17, 2014
* Confirmation of committee appointments
Pablo Zuniga would be reappointed to the Convention and Tourism Advisory Board. The
current term would expire June 16, 2016. (Mayor Becky Ames)
A) Authorize the execution of a License to Encroach Agreement with Martin Alfaro located
at Craig Street and Avenue E
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF BEAUMONT:
THAT the following reappointment be made:
Reappointment Commission Beginning Expiration
of Term of Term
Pablo Zuniga Convention and Tourism Advisory Board 06/24/14 06/17/16
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 24th day of
June, 2014.
- Mayor Becky Ames -
n
RICH WITH OPPORTUNITY
IIEA,111�IC11174(
T • E . X . A . S City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Dr. Joseph Majdalani, P.E., City Engineer Y'
MEETING DATE: June 24, 2014
REQUESTED ACTION: Council consider a resolution authorizing the execution of a
License to Encroach Agreement with Martin Alfaro.
BACKGROUND
There is an existing structure located at 2214 Avenue E encroaching onto City Right -of -Way at
Craig Street and Avenue E. The structure encroaches between 1.20' and 1.67'.
The request from Martin Alfaro, the owner of the structure, was submitted to all city departments
and utility companies with no objections to the encroachment; no response from Centerpoint
Energy. The City Utilities Department approved the license to encroach with the following
conditions:
The City has an existing 12" sanitary sewer line within the Craig Street and
Avenue E Right -of -Way with a sanitary sewer manhole being at the edge of a
sidewalk within approximately four (4) feet of the fence.
The City of Beaumont will not be responsible for any damage to the structures if
the sanitary sewer line should ever develop a cavity or due to any repairs to the
City main by City crews. The City of Beaumont shall not be responsible for the
repair and replacement of any paving or other structures within the Easement
property.
The License Agreement protects the City from liability and provides a thirty (30) day
cancellation clause.
FUNDING SOURCE
There is a one time non - refundable fee of $500 from Martin Alfaro for the License to Encroach.
RECOMMENDATION
Approval of resolution.
RICH WITH OPPORTUNITY
111LIA,[111011 Application for License to Encroach
T • E • x - A • s City of Beaumont, Texas
1. NAME OF APPLICANT: t9 ,64 R O
ADDRESS: cs), l4 AV E E PHONE: U Gq t4 3 L4 - s5 S `}
2. AUTHORITY OF APPLICANT: b �> 41 L<Z'
3. NAME OF OWNER: M \OX,<k w A of 4RC ,q,v1D MA AmE 2 (,q A Z¢ok2e
ADDRESS: ;a1LI AyF C 9FAu,mont- PHONE: HG9. 1-4 � 4 - S' S`-7
LEGAL DESCRIPTION OF OWNER'S PROPERTY (Lots, Blocks, Subdivision)
TO BE SERVED BY EASEMENT OR RIGHT -OF -WAY:
Lc,-r 1 gtocu A n c.-.; r lCoq'
4. DESCRIPTION OF EASEMENT OR RIGHT -OF -WAY INVOLVED:
A ye C-
5. PRESENT USE OF EASEMENT OR RIGHT -OF -WAY (List Utilities if Present):
6. USE OF EASEMENT OR RIGHT -OF -WAY DESIRED BY OWNER:
A
7. ATTACH A MAP OR PLAT DELINEATING THE EASEMENT OR PUBLIC
RIGHT- OF-WAY (Dimensioned and to Engineering Scale). PLEASE INCLUDE
ALL PERTINENT INFORMATION ON THE MAP:
i. Distances from edge of pavement or back of curb
ii. Street names and nearest cross streets
iii. Side of the street (east, west, north, south]
8. COST TO BE PAID FOR LICENSE TO ENCROACH AT TIME APPLICATION
IS SUBMITTED - $500 SAID COST BEING NON - REFUNDABLE.
TO THE BEST OF MY KNOWLEDGE, THE ABOVE INFORMATION IS TRUE AND
CORRECT.
f1�(1r`--1 -'�
SIGNATURE
RESOLUTION NO.
WHEREAS, Martin Alfaro has requested that the City of Beaumont grant a License
to Encroach into one City right -of -way at Craig Street and Avenue E at 2214 Avenue E,
which is described as being in Lot 1, Block A, Wilcox Addition, to the City of Beaumont.
The encroachment being an existing structure overlapping between 1.20' and 1.67' in the
City right -of -way as described in Exhibit "A" and shown in Exhibit "B," attached hereto and
made a part hereof for all purposes; and,
WHEREAS, City staff has expended considerable time and effort in investigating
the effect of such encroachment upon the City easement and utilities therein; and,
WHEREAS, it appears that it would be equitable to allow such encroachment at this
time, subject to the following conditions:
The City has an existing 12" sanitary sewer line within the Craig Street and
Avenue E right -of -way with an sanitary sewer manhole being at the edge
of a sidewalk within approximately four (4) feet of the fence.
The City of Beaumont will not be responsible for any damage to the
structures if the sanitary sewer line should ever develop a cavity or due to
any repairs to the city main by City crews. The City of Beaumont shall not
be responsible for the repair and replacement of any paving or other
structures within the easement property;
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 a License to
Encroach with Martin Alfara to encroach into one (1) City of Beaumont right -of -way at Craig
Street and Avenue E at 2214 Avenue E, which is described as being in Lot 1, Block A,
Wilcox Addition, to the City of Beaumont. The encroachment being one (1) existing
structure overlapping between 1.20' and 1.67' into the City of Beaumont right -of -way, as
described in Exhibit "A" and shown in Exhibit "B," attached hereto and made a part hereof
for all purposes for a one -time fee of Five Hundred Dollars ($500.00) for the License to
Encroach.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 24th day of
June, 2014.
- Mayor Becky Ames -
LICENSE TO ENCROACH
STATE OF TEXAS X
ALL MEN BY THESE PRESENTS:
COUNTY OF JEFFERSON X
On the date last indicated below, the City of Beaumont, a municipal corporation, of
Beaumont, Jefferson County, Texas, herein called "Licensor" and Martin Alfaro, owner,
hereinafter called "Licensee ", contracted and agreed as set forth herein.
Licensee desires a license from Licensor to use that real property (the subject of this
license agreement) described as follows:
Said encroachment being a structure overlapping 1.20' to 1.67' onto City Right of
Way at Craig Street and Avenue E at 2214 Avenue E. Said encroachment is
shown on Exhibit "A ", attached.
Subject property may continue to be occupied and used by Licensee solely in connection
with the existing structures and for incidental purposes related thereto during the term of this
license or until termination thereof. Said license shall terminate upon removal or demolition of
said encroachment.
Substantial improvements shall not be made upon any encroachment without first
obtaining the written consent of Licensor and giving notice to Licensor in writing of how, when
and to what extent such improvements are to be made. A copy of this license shall be attached to
such notice.
Substantial improvement means any repair, construction, or improvement of a structure,
the cost of which equals or exceeds twenty -five percent (25 %) of the market value of the
structure either: (1) before the improvement or repair is started; or (2) if the structure has been
damaged and is being restored, before the damage occurred. For the purposes of this definition,
"substantial improvement" is considered to occur when the first alteration of any portion of the
structure commences, whether or not that alteration affects the external dimensions of the
structure. The term does not, however, include any projects or improvements of a structure to
comply with existing state or local health, sanitary, or safety code specifications which are solely
necessary to protect the health, safety and welfare of the public, inhabitants, or users of such
structure.
In the event the City of Beaumont, by resolution of the City Council, determines it needs
the subject property, or any part thereof, for the benefit of the City or to protect the health, safety
or welfare of the public, and it terminates this license or any part thereof, Licensee shall not
receive any compensation and the City of Beaumont shall not be liable therefore, whether for the
value of property taken, damage to the abutting or remaining property or improvement, loss of
business or profit, loss of access, or otherwise.
Page I of'4
: *:4 i11:111VA'%
Licensee shall at all times indemnify and hold harmless Licensor and any franchised
entity of licensor against, and pay in full, for all claims, losses, damages, law suits, attorney's
fees, costs, judgments or expenses, that Licensor and any franchised entity of Licensor may
sustain, incur, be required to pay or become liable for, resulting in any manner from the
construction, maintenance, use, state of repair, or presence of such encroaching structure.
Licensor, and any franchised entity of Licensor, reserves the right to make improvements,
perform maintenance and construction to the right -of -way or premises covered by this license
where such is deemed necessary for the health, welfare and safety of the community. In doing
so.. Licensor and any franchised entity of Licensor shall not be liable to Licensee for any damage
occasioned thereby and Licensee shall not be entitled to prosecute or maintain a claim against
such parties for any such damage sustained by Licensee to said encroaching structure or any
abutting or attached structures, improvements or land caused by the removal or alteration of any
encroachment. In addition, Licensee shall reimburse Licensor and any franchised entity of
Licensor any additional costs resulting from the encroachment.
Licensor will not be responsible for any damages to the structures due to any repairs by
Licensor, and any franchised entity of Licensor. The Licensor, and any franchised entity of
Licensor shall not be responsible for the repair and replacement of any paving or other structures
within the Easement property.
Licensee shall not permit trees, shrubs, plants, or any object to be placed on the subject
property in such a manner as to obstruct the view of traffic. In addition, Licensor will not be
responsible for any damages to the structure if the sewer main should ever develop a cavity or
due to any repairs to the Licensor main by Licensor crews.
As part of the consideration for this agreement, Licensee shall pay to Licensor the sum of
Five Hundred Dollars ($500.00). Said sum being non - refundable.
This license shall be recorded in the Real Property Records in the Office of the County
Clerk of Jefferson County, Texas by Licensor.
This agreement is terminable by either party by giving written notice to the other
specifying the date of termination. Said notice shall be given not less than thirty (30) days prior
to the termination date, therein specified, and shall be recorded in the Real Property Records in
the Office of the County Clerk of Jefferson County, Texas by Licensor.
This license is neither assignable nor transferable except in conjunction with, and as part
of, Licensee's conveyance of all the abutting property this license serves, through probate or
warranty deed or lease. In any such event, Licensor shall be notified of such occurrence by
being delivered a copy of the document or documents conveying or leasing the same.
Page 2 of 4
Any notice to Licensor shall be sufficient if it is mailed or hand delivered to the Office of
the City Engineer, City of Beaumont, P.O. Box 3827, Beaumont, Texas 77704. Any notice to
Licensee or their successors shall be sufficient if mailed or hand delivered to Property Owner at
190 E. Circuit, Beaumont, Texas 77706.
IN WITNESS, WHEREOF, the parties hereto have executed this agreement as of
the day of '2014
LICENSOR: LICENSEE:
CITY OF BEAUMONT
By:
By:
KYLE HAYES MARTIN ALFARO
CITY MANAGER
Page 3 of4
ACKNOWLEDGMENTS
STATE OF TEXAS X
COUNTY OF JEFFERSON X
This instrument was acknowledged before me on the day of ,
2014, by Kyle Hayes, City Manager of the City of Beaumont, a municipal corporation, on behalf
of said corporation.
Notary Public, State of Texas
STATE OF TEXAS X
COUNTY OF JEFFERSON X
This instrument was acknowledged before me on the day of
2014, by Martin Alfaro.
RETURN TO
City of Beaumont
Antoinette Hardy - Engineering
P. O. Box 3827
Beaumont.. Texas 77704
Page 4 o1'4
Notary Public, State of Texas
1.V NOTHING IN THIS SURVEY IS INTENDED TO EXPRESS AN OPINION REGARDING
OWNERSHIP OR TITLE.
2. THE WORD CERTIFY 15 UNDERSTOOD TO BE AN EXPRESSION OF PROFESSIONAL
JUDGMENT BY THE SURVEYOR, WHICH IS BASED ON HIS BEST KNOWLEDGE, INFORMATION
AND 3FUEF FORMED IN THE COURSE OF HIS PERFORMING THE SURVEY IN COMPLIANCE
WITh THE STANDARDS OF PRACTICE REQUIRED AND PROMULGATED BY THE TEXAS BOARD
S6,4ZZ 1 " =30'
OF PROFESSIONAL LAND SURVEYORS AND THE TEXAS SOCIETY OF PROFESSIONAL BLANCHETTE 2ND ADDITION
SUP,VFYORS. AS SUCH, IT CONSTITUTES NEITHER A GUARANTEE NOR A WARRANTY, EXPRESSED VOL. 1, PG, 39
OR IMPLIED. MRJC
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10.8' DUE TO SHED' VOL. 2370, PG. 59
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REFERENCE BEARING ASSUMED 2214 AVENUE E
SURVEYOR'S CERTIRCATTON: SUMMEPFIELD STREET BEAUMONT, TEXAS 77701
TO THE LEINHOLDERS AND /OR THE OWNERS OF THE PREMISES Lot Number One (1), in Block 'a", of WILCOX ADDITION, on addition to the City
SURVEYED AND TO STEWART TITLE GUARANTY COMPANY.' of Beaumont in Jefferson County, Texas, according to the map or plot thereof
THE UNDERSIGNED DOES HEREBY CERTIFY THAT THIS SURVEY WAS recorded in /under Volume 1, Page 105 of the Map /Plat Records of Jefferson
THIS DAY MADE ON THE GROUND OF THE PROPERTY LEGALLY County, Texas, which is shown as not having been a subdivision and being the
some property which was set aside to Phoebe E. Montague in that certain
DESCRIBED HEREON AND IS CORRECT, AND THAT THERE ARE NO
a Partition Deed dated April 18, 1919 and recorded in /under Volume 182, Page 56'
DISCREPANCIES, CONFUCTS, SHORTAGES IN AREA, BOUNDARY LINE of Deed Records of Jefferson County, Texas, reference to which is hereby made
CONFLICTS, ENCROACHMENTS, OVERLAPPING OF IMPROVEMENTS, for all purposes, the property set aside to Phoebe E, Montague in said Partition
EASEMENTS OR RIGHT -OF -WAYS, ON THE SURFACE OF THE GROUND
Used being the lot designoted on the map attached to said deed as Lot Number
One (1).
IXCEPT AS SHOWN HEREON AND THAT SAID PROPERTY HAS ACCESS Owner: Martin Alfare and Mc Amelia Alfaro
TO AND FROM A DEDICATED ROADWAY. ALL RECORDED EASEMENTS SHOWN Census: 20.00
AND NOTED PER STEWART TITLE GUARANTY COMPANY G.F. No.
MAY 8, 2014 OF F_ In accordance with the Flood Hazard Boundary
DATE SURVEYED: } Map, Department of Housing and Urban
ERF "� Development.
q;•�' F
' Community No.: 485457
Panel No.: M C
Date of FIRM: : B-6-02
THO•..... S : �.
572 2 ;'Q This orooerty lies in Zone X° (white).
�� �r'•'•SR� �O r Location on map determined b seal
+MAIRK . WIIITELEY
D ASSOCIATES
INCORPORATED
TING ENGINEERS.
ORS, AND PLANNERS
EXHIBIT "B"
y e
tjt o. 5728 on MOP. Actual field elevation not
determined. Mark W. Whiteley and
Associates does not warrant nor
P. 0- BOX 5492 subscribe to the occurecy or scoie
BF:AUVGNT, 'TEXAS 77726 -5482 of soid mpos.
409 -- 892 -0421
Zone X" jwhite) ore areas determined to be
3250 FASTFX FRYfY. outside 50J year flood piain.
BLAUMONT, TEXAS 77703
409 - 892 -1348 yn 3 s e r e...
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ftti 11 'A I111 F)PT, 6 itT11%'I r
IIEA.[IMON*
T • E • X - ^A • 5
REGULAR MEETING OF THE CITY COUNCIL
COUNCIL CHAMBERS JUNE 24, 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 and 7 /Consent
Agenda
* Consent Agenda
GENERAL BUSINESS
Consider an ordinance approving the rezoning of property from RM -H
(Residential Multiple Family Dwelling- Highest Density) District to GC -MD
(General Commercial - Multiple Family Dwelling) District at 4755 Eastex
Freeway authorizing
?. Consider an ordinance approving a specific use permit to allow an
animal shelter and adoption center in a PUD (Planned Unit Development) District on
property located on the west side of Major Drive near Perl Road
3. Consider an ordinance approving the rezoning of property from GC -MD-
2 (General Commercial- Multiple Family Dwelling -2) to RM -H (Residential Multiple
Family Dwelling -High Density) District to allow single family housing located west
of 7080 Calder Avenue
4. Consider an ordinance approving a specific use permit to allow- a bar in a
GC -MD (General Commercial - Multiple Family Dwelling) District at 2345 Calder
Avenue
Consider an ordinance approving a revised specific use permit to allow a
secondary school in a GC -MD (General Commercial - Multiple Family Dwelling)
District at 3380 Fannin Street
6. Consider approving a resolution authorizing the engagement of Bracewell & Giuliani
LLP, as bond counsel relating to the proposed issuance of Waterworks and Sewer
System Revenue and Refunding Bonds at a fee of .15% or 15 basis points of the face
amount of the Bonds issued
7. Consider approving a resolution authorizing the purchase of a wheeled excavator
from Mustang Cat, Inc. of Houston for use by the Streets and Drainage Division
PUBLIC HEARING
* Receive comments related to a contract with the Federal Transit Administration
(FTA) to receive Operating Assistance funds for the Beaumont Municipal Transit
System for FY 2014; an application for Congestion Mitigation and Air Quality
(CMAQ) funding; and to receive additional federal funding through TxDOT
8. Consider approving a resolution authorizing the City Manager to execute a contract
with the Federal Transit Administration (FTA) to receive Operating Assistance funds
for the Beaumont Municipal Transit System for FY 2014; to apply for and receive
Congestion Mitigation and Air Quality (CMAQ) funding; and to receive additional
federal funding through TxDOT
COMMENTS
Councilmembers /City Manager comment on various matters
Public Comment (Persons are limited to 3 minutes)
Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or
services are requested to contact Mitchell Normand at 880 -3777 three days prior to the meeting.
1
June 24, 2014
Consider an ordinance approving the rezoning of property from RM -H (Residential Multiple Family
Dwelling- Highest Density) District to GC -MD (General Commercial - Multiple Family Dwelling)
District at 4755 Eastex Freeway authorizing
RICH WITH OPPORTUNITY
[11CIA,1111C111
T • E • % • A • S
TO:
FROM:
PREPARED BY:
MEETING DATE:
City Council Agenda Item
City Council
Kyle Hayes, City Manager
Chris Boone, Director of Planning and Community
Development
June 24, 2014
REQUESTED ACTION: Council consider an ordinance approving the rezoning of
property from RM -H (Residential Multiple Family
Dwelling- Highest Density) District to GC -MD (General
Commercial - Multiple Family Dwelling) District at 4755
Eastex Freeway.
BACKGROUND
Bruce W. McVeigh is requesting a zone change.
The purpose of the zone change is to correct the split zoning of the property. Mr. McVeigh is
planning to open a Neighbors Emergency Center at this location. The majority of the property is
zoned GC -MD. When Mr. McVeigh contacted the city regarding the possibility of demolishing an
existing building to accommodate much needed additional parking, he discovered that the portion of
the property where the building sits is zoned RM -H. Adjacent property has been previously
rezoned to GC -MD leaving an odd shaped piece of the zoning district on the subject property.
At a Joint Public Hearing held June 16, 2014, the Planning Commission recommended 5:0 to
approve a rezoning from RM -H (Residential Multiple Family Dwelling- Highest Density) District to
GC -MD (General Commercial- Multiple Family Dwelling) District at 4755 Eastex Freeway.
FUNDING SOURCE
Not. applicable.
RECOMMENDATION
Approval of ordinance.
APPLICATION FOR AMENDMENT
OF THE ZONING ORDINANCE
B EAUNION T, TEXAS
(Chapter 28. CM Codes)
-'
10: 1 JIF PL-A',\NIN(I COM MISSION AND CITY ('01 NCIL_ C11 OF 131,At MONT.'[J, XAS
APPLICANT'S N,AA/1 I' AND ADDRESS• MIZ. gP-LAc= F P- MCy IGH
PHONE 4: "AX r: ( -
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A1)DKI';S0F0Nk'NlR: T14 A40 WA y J"i PEAR L44/4 J
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LOCH TION (*'P1\'OPFR'IY: 4755'- &FA t4 m,, —IX 77703
LFGAI, DESCRIPTION OF PROPERTY:
101 -11"().
11 JK K NO-
ADDITION
OR I i0C I
PLAT--
0. If
NUMBER 0 V ACRES
l,or properties not in a recorded subdivision. sut)nnit a Cop) ni'a cur rent SL11'VQ or Plat S110\%:11110 the PFOPCI-LiCS
proposed to be changed. and a complete Icgal field note description.
R 1-111117 ZONING D I S'l RICT: tA-
/ON ING DIS I RICTREQ1, 'ESTED: —J-5-r-Rriu 0�--
I L% S FH I R1 0 t-- EST 13 Fl 'N MADE B E F 0 R F"? jjO — I I � So. DATE:
�\( I ION:
SUIVNI ITA LETTER STATING REASONS FOR REQUEST.
.4!'1 ,\Cli 1-111. APPROPRIATE APPLICATION FEE:
LESS TITAN 11/2 ACRY, ...................................................... —.S250.00
lit ACRE OR MORE AND LESS THAN 5ACRES .............5450.00
5 ACRES OR MORE ......................................................... ..... S650.00
I H RLB)',�CKNo%k'--DGETIIATII-IEA')tl(A'I
MORE
RESTRICTIVE DISTRIC"F
SIGNATURE OF APPI-ICA 1:
SIGVVI't RF OF
1'1_I,1SL TYPE 01" PRINT AND SLT13NII-I 1'0:
F11 NJ,MBER: 2-'ZZI-Z-
DATE RECEIVED: IAjl�
RF-CLIP-1—NJA13EP:
PI-'4-Nxi\(-1 L)[\'ISI()\. ROOM 201
CITY I IAI L. 801 VININ SYRFE I'
BI--A[1%11ONJ-,TX 77701
P.O. 13OX -;S-'7 '7704
(409 580-3 -,04
FAX (409} 880-313'
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7 May 2014
Memorandum For The Planning Commission and City Council, City Of
Beaumont, TEXAS 77701
Subject: Request for Rezoning on the Property at 4755 Eastex Freeway,
Beaumont TX 77703
1. The Neighbors Emergency Center (Beaumont) respectfully requests
that the city of Beaumont please accept our proposal to rezone property
that we have recently purchased in July 2013 at 4755 Eastex Freeway.
What has transpired now that we are submitting plans for permit is new
information that we did not previously know that entails two different
zones on the property we purchased. One zone is "commercial" for the
main part of the property (which used to be an old Ethan -Allen Furniture
store). The other zone is on the backside which has a metal storage
shed /building on the site, and this area has been deemed "residential"
property. All of this information is new to us as the owner.
2. We are respectfully requesting a consideration to rezone the parcel
of "residential property" to become commercial property so that we can
enable adequate parking for our soon to be opening Emergency Care
Center.
3. We have attched pertinent documents along with the application
and $450.00 application fee. Please le tus know if anything else is required
in order to enhance our request.
4. POC is the undersigned at bwmcveighCa�nec24.com , or (832)627-
8663.
W
Bruce W. McV gci h�
Chief Operating Officer (C00)
Neighbors Health System, Inc.
ORDINANCE NO.
ENTITLED AN ORDINANCE AMENDING CHAPTER 28 OF
THE CODE OF ORDINANCES OF BEAUMONT, TEXAS, AND
IN PARTICULAR THE BOUNDARIES OF THE ZONING
DISTRICTS, AS INDICATED UPON THE ZONING MAP OF
BEAUMONT, TEXAS, BY CHANGING THE ZONING OF
PROPERTY PRESENTLY ZONED RM -H (RESIDENTIAL
MULTIPLE FAMILY DWELLING- HIGHEST DENSITY)
DISTRICTTO GC -MD (GENERAL COMMERCIAL - MULTIPLE
FAMILY DWELLING) DISTRICT FOR PROPERTY LOCATED
AT 4755 EASTEX FREEWAY, BEAUMONT, JEFFERSON
COUNTY, TEXAS, PROVIDING FOR SEVERABILITY;
PROVIDING FOR REPEAL AND PROVIDING A PENALTY.
BE IT ORDAINED BY THE CITY OF BEAUMONT:
Section 1.
That Chapter 28 of the Code of Ordinances of Beaumont, Texas, and in particular
the boundaries of the zoning districts, as indicated upon the Zoning Map of the City of
Beaumont, referred to in Section 28.01.005(b) thereof, is hereby amended by changing the
zoning of property presently zoned RM -H (Residential Multiple Family Dwelling- Highest
Density) District to GC -MD (General Commercial - Multiple Family Dwelling) District for
property located at 4755 Eastex Freeway, as described in Exhibit "A" and shown on Exhibit
"B," attached hereto, and the official zoning map of the City of Beaumont is hereby
amended to reflect such changes.
Section 2.
That, in all other respects, the use of the property herein above described shall be
subject to all of the applicable regulations of the underlying zoning district as well as those
regulations contained in Chapter 28 of the Code of Ordinances of Beaumont, Texas, as
amended.
Section 3.
That if any section, subsection, sentence, clause of phrase of this ordinance, or the
application of same to a particular set of persons or circumstances, should for any reason
be held to be invalid, such invalidity shall not affect the remaining portions of this
ordinance, and to such end, the various portions and provisions of this ordinance are
declared to be severable.
Section 4.
That all ordinances or parts of ordinances in conflict herewith are repealed to the
extent of the conflict only.
Section 5.
That any person who violates any provision of this ordinance shall, upon conviction,
be punished, as provided in Section 1.01.009 of the Code of Ordinances of Beaumont,
Texas.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 24th day of
June, 2014.
- Mayor Becky Ames -
LEGAL DESCRIPTION FOR ORDINANCE PURPOSES
Surveyor's Field Note Description:
BEING a 0.1195 acre tract of land out of and a part of that certain Phelan & Phelan called 0.346
acre tract of land, more fully described and recorded in Clerks File No. 2013010297 of the
Official Public Records of said Jefferson County. Said 0. 1195 acre tract of land being situated
in the Frederick Bigner Survey, Abstract No. 1, Jefferson County, Texas and being more
particularly described as follows:
BEGINNING at a 5/8 inch iron rod found at the Southwest corner of said 0.346 acre tract, same
being the Southeast corner of that certain Keith Evans Consulting LLC called 0.653 acre tract of
land, more fully described and recorded in Clerks File No. 2004037248 of said Official Public
Records and being in the North line of that. certain James H. Williams called 0.93 acre tract of
land, more fully described and recorded in Film Code No. 105 -07 -0121 of said Official Public
Records;
THENCE North 08 "deg. 21 min. 49 sec. East along and with the West line of said 0.346 acre
tract, same being the East line of said 0.653 acre tract, a distance of 96.33 feet to a point for
corner:
THENCE South 57 deg. 01 min. 51 sec. East, a distance of 81.17 feet to a point for corner;
THENCE South 28 deg. 41 min. 20 see_ West, a distance of 69.46 feet to a point for corner in
the South line of said 0.346 acre tract, same being the North line of said 0.93 acre tract
THENCE North 78 deg. 37 min. 45 see. West along and with the South line of said 0.346 acre
tract, same being the North line of said 0.93. acre tract, a distance of 49.74 feet to the PLACE
OF BEGINNING, containing 0.1195 acre of land, more or less.
(This description is based upon a survey made on the ground under my direct supervision on June 17, 2013. .411 bearings are
based u1x)n the Texas Coordinate System of 1983 (2011), Central Zone `4203' (US Survey Foot). All distances and acreages
are surface with a combined adjz wment factor of 1.00007 applied.)
EXHIBIT "A"
File 2201 -Z: A request for a reZonina from K1Vt -ti (iresicienuai taIUIUple raitmv tivtuam-4—
DensitN7) to GC -AID (General Commercial — 11 /1ultiple Family Dwelling) District to correct the split
coning of a property.
l.,ocation: 4755 Eastex Freeway
applicant: Bruce W. 0 100 200
I i I I Feet
G C►-
COLLIER ST �e
RM -H
1�19
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GC -MD
P
RM -H
EXHIBIT "B"
Legend
2201 Z
9
F�
2
June 24, 2014
Consider an ordinance approving a specific use permit to allow an animal shelter and adoption center
in a PUD (Planned Unit Development) District on property located on the west side of Major Drive
near Perl Road
RICH WITH OPPORTUNITY
[111LA,1111C111
T - E• X• A• S
TO:
FROM:
PREPARED BY:
MEETING DATE:
City Council Agenda Item
City Council
Kyle Hayes, City Manager
Chris Boone, Director of Planning and Community
Development
June 24, 2014
REQUESTED ACTION: Council consider an ordinance approving a specific use permit
to allow an animal shelter and adoption center in a PUD
(Planned Unit Development) District on property located on
the west side of Major Drive near Perl Road.
BACKGROUND
The Humane Society of Southeast Texas has applied for a specific use permit.
The applicant plans to offer a facility that will not only enhance the behavior and physical health of
the animals, but become a destination for the community. A park like setting will accommodate
walking trails as well as a dog park open to the public.
The hours of operation for the shelter are typically 8 a.m. to 5 p.m. seven days per week with
adoption hours starting at 11 a.m. Tuesday through Saturday and 1 p.m. on Sunday. Plans are to
maintain 150 ft. of naturally wooded landscaping between the shelter and its neighbors and play
yards for dogs would be located a minimum of 400 ft. from adjacent residential neighborhoods.
At a Joint Public Hearing held June 16, 2014, the Planning Commission recommended 5:0 to
approve a specific use permit to allow an animal shelter and adoption center in a PUD (Planned
Unit Development) District on property located on the west side of Major Drive 1 '/2 miles north of
Highway 105, subject to the following condition:
1. A natural buffer being 150 ft. wide by 900 ft. in depth along the south property line
be delineated on the site plan and remain undisturbed.
FUNDING SOURCE
Not. applicable.
RECOMMENDATION
Approval of ordinance with the following condition:
A natural buffer being 150 ft. wide by 900 ft. in depth along the south property line
be delineated on the site plan and remain undisturbed.
SPECIFIC USE PERMIT APPLICATION
BEAUMONT, TEXAS
(Chapter 28, City Codes)
TO: THE, PLANNING COMMISSION AND CITY COUNCIL, CITY OF BEAUMONT, TEXAS
APPLICANT'S NAME:
ilI1Z� \t`
APPLICANTS ADDRESS:
APPLICANTS PHONE 4:, L� } _ - �, O FAX' :l�
NAME OF OVa'NER:
ADDRESS OF OWNER: 1> 2-D
3
LOCATION OF PROPERTY:
LEGAL DESCRIPTION OF PROPERTY:
L,O'I' NO.
BLOCK
ADDITION—. i'
NUMBER OF ACRES
TRACT '-P ` -
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: NIA 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.
AT'T'ACH A REDUCED 8' /z" X I I" 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 THAN '/2 ACRE :.......... ............................... ........................$250.00
'/2 ACRE OR MORE AND LESS TI IAN 5 ACRES ...................$450.00
5 ,ACRES OR MORE... .............. ................................................. $650.00
I, 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 proved by City Council.
- t 4-
SIGNATURE OF APPLICANT -: 0
DATE: > -
SIGNATURE OF OWNER:
DATE:
PLEASE TYPE OR PRINT AND SUBMIT TO:
CITE' OF BEAUMONT
PLANNING DIVISION
801 MAIN STREET. ROOM 201
BEAUMONT. TX 77701
FILE NUMBER:
DATE RECEIVED:
Phone - (409) 880 -3764
Fax - (409) 880-3 13 3
PLEASE MAKE NO"T"E ON REVERSE SIDE OF CONDITIONS TO
BE MET REGARDING THE SITE PLAN AND LETTER OF PROPOSED USES AND ACTIVITIES.
Processes and Activities of Proposed Humane Society of Southeast Texas New Facility
The Humane Society of SET is a non - profit animal shelter, serving the citizens of the Golden Triangle area,
as well as several local city pounds. As a shelter, we accept a limited number of cats and dogs no longer wanted
by owners as well as strays found by area citizens. The "activities" of our shelter are mainly the care of the
animals at our shelter and the adoption of those animals to the public.
Staff arrives at the shelter at 8:00 and spend the next several hours feeding animals, as well as cleaning
cages and kennels. The shelter opens to the public (for adoptions) at 11:00 Tuesday through Saturday, and at
1:00 on Sundays. The Shelter closes at 4:30 and the majority of the staff leaves the premises by 5:00. There is
rarely any activity after 5:30.
Other than staff, volunteers, and people interested in adopting, we sometimes give "tours" to small groups
of school children, church groups or other clubs who have held a fundraiser for us.
While the main purpose of the new innovative facility is the enhanced behavior and physical health of the
animals, we want the facility to be a "destination" where the community is welcome to enjoy a park like setting,
dog walking trails and a dog park open to the public. We believe the new shelter will create a sense of pride in
our donors and community, inspire a commitment from our volunteers, and enrich the lives of both people and
animals through education promoting the benefits of responsible pet ownership. We hope all these factors will
contribute to the ultimate objective of increasing pet adoptions.
5. The shelter does not emit any fumes, dusts or vibrations.
There is no detectable offensive odor outside of the buildings and really no offensive odors inside the
building once the staff has cleaned the kennels and cages in the mornings. The cleaning process is
strictly enforced in order to maintain a healthy shelter environment.
The cats remain inside the facility at all times. The dogs are given time outside either in play yards
(which will be located over 400 feet from the adjacent neighborhood) or are walked by volunteers but
spend the majority of time inside the shelter. When the dogs are inside the shelter, any noise (from
the dogs barking) is contained within the building. (Once the staff has left for the day, there is nothing
to excite or distract the dogs, so there is little to no noise after hours.)
6. The directional lighting will be pointed towards the shelter and away from the only adjacent
neighborhood. Additionally, there will be 150 feet of naturally landscaped woods between the
neighborhood and the shelter buildings which should provide additional screening from any lighting.
7. An eight foot privacy wooden fence will be erected on the property's boundary between the adjacent
neighborhood and the shelter property. There will also be 150 feet of natural landscaping between the
neighborhood and the shelter building.
8. We believe the proposed use is in accordance with the Comprehensive Plan as it will bean asset to the
community, a place the public will enjoy visiting.
Addressing the Eight Conditions
1. The new shelter will not diminish or impair property values nor be injurious to the use or enjoyment of
other property within the immediate vicinity.
The shelter will be a multi - million dollar facility incorporating state of the art shelter design and
innovations which will be both attractive and enriching to the community. The facility itself will
maintain a park like setting, with much of the property kept in its naturally wooded state.
There will be 150 feet of naturally wooded landscaping between the only adjacent neighborhood and
the shelter.
2. The shelter will not impede the normal and orderly development /improvement of the surrounding vacant
property.
There is very little adjacent `vacant' property located near the proposed site of the new shelter. (The
LNVA canal serves as the northern boundary to about 1/3 of the property; Major Drive serves as the
boundary across the front of the property and a small neighborhood is adjacent to the south side of
the property.) The only vacant, adjacent property is located behind the neighborhood, next to a
pipeline easement on the proposed site. That area will only be used as part of the nature walking
trail.
3. We believe the property has adequate drainage and other necessary supporting facilities.
4. The design, location, and arrangement of all driveways and parking spaces will provide safe and convenient
movement of vehicular and pedestrian traffic.
There will be one entrance /exit to the facility which will be located more than 300 feet from the
closest driveway (which serves the adjacent neighborhood.)
There will be plenty of parking available on site: we have fewer than 20 employees and typically have
fewer than 20 other vehicles on our property at any one time.
ORDINANCE NO.
ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE
PERMIT TO ALLOW AN ANIMAL SHELTER AND ADOPTION
CENTER IN A PUD (PLANNED UNIT DEVELOPMENT)
DISTRICT ON PROPERTY LOCATED ON THE WEST SIDE
OF MAJOR DRIVE NEAR PERL ROAD IN THE CITY OF
BEAUMONT, JEFFERSON COUNTY, TEXAS.
WHEREAS, The Humane Society of Southeast Texas has applied for a specific use
permit to allow an animal shelter and adoption center in a PUD (Planned Unit
Development) District on property located on the west side of Major Drive near Perl Road,
being Tract 61 -D, Plat RS -5, D. Easley Survey, Abstract 20, and the Final Replat of Block
A, Greenfield Village, Section 1, Beaumont, Jefferson County, Texas, containing 107.187
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
an animal shelter and adoption center in a PUD (Planned Unit Development) District on
property located on the west side of Major Drive near Perl Road, subject to the following
condition:
and,
A natural buffer being 150 ft. wide by 900 ft. in depth along the south
property line be delineated on the site plan and remain undisturbed.
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 an animal shelter and adoption center in a PUD
(Planned Unit Development) District on property located on the west side of Major Drive
near Perl Road, being Tract 61 -D, Plat RS -5, D. Easley Survey, Abstract 20, and the Final
Replat of Block A, Greenfield Village, Section 1, Beaumont, Jefferson County, Texas,
containing 107.187 acres, more or less, as shown on Exhibit "A," attached hereto, is
hereby granted to The Humane Society of Southeast Texas, 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 condition:
• A natural buffer being 150 ft. wide by 900 ft. in depth along the south
property line be delineated on the site plan and remain undisturbed.
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
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 24th day of
June, 2014.
- Mayor Becky Ames -
ile 2202 -P: A request for a specific use permit to allow an animal shelter and adoption center in a
UD (Planned ['nit Development) district.
ocation: West side of Major Drive 1'/ miles north of Highway 105
pplicant: Humane Society of Southeast Texas
0 400 800
I I I I Feet
EXHIBIT "A"
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June 24, 2014
Consider an ordinance approving the rezoning of property from GC -MD -2 (General
Commercial - Multiple Family Dwelling -2) to RM -H (Residential Multiple Family Dwelling -High
Density) District to allow single family housing located west of 7080 Calder Avenue
RCCH WITH OPPORTUNITY
111CIA11111C111
T • E • % • A • S
TO:
FROM:
PREPARED BY:
MEETING DATE:
City Council Agenda Item
City Council
Kyle Hayes, City Manager
Chris Boone, Director of Planning and Community
Development
June 24, 2014
REQUESTED ACTION: Council consider an ordinance approving the rezoning of
property from GC -MD -2 (General Commercial - Multiple
Family Dwelling -2) to RM -H (Residential Multiple Family
Dwelling -High Density) District to allow single family
housing located west of 7080 Calder Avenue
BACKGROUND
Buckner Retirement Services, Inc. D /B /A Calder Woods.
Calder Woods requested the rezoning of the 3.384 acres to expand onto these adjacent tracts in the
near future. The current GC -MD -2 (General Commercial - Multiple Family Dwelling -2) zoning
does not allow for the construction of single family dwellings.
At a Joint Public Hearing held June 16, 2014, the Planning Commission recommended 5:0 to
approve a rezoning from GC -MD (General Commercial - Multiple Family Dwelling -2) District to
RM -H (Residential Multiple Family Dwelling- Highest Density) District for the 3.384 acres located
west of 7080 Calder Avenue.
FUNDING SOURCE
Not applicable.
RECOMMENDATION
Approval of ordinance.
APPLICATION FOR AMENDMENT
OF THE ZONING ORDINANCE
BEAUMONT, TEXAS
(Chapter 28, City Codes)
T(--,: THE PLANNING COMMISSION AND CITY COLINCIL. CITY OF BI A - A-1ONT.
APPLICANT'S NAME AND ADDRESS q0 t'o C- Fo C'.Q-P' r, y�e— • �='u ��1�
APPLICANT'S PHONES Z ti Lt - 7 "5 `b'• �Q 3 FAX 4: -,L a — { S
N.a,ME OF OWNER: -� �_ CrIC i1�'12 �1 tLPJti^ti�i r j�2cJ LL' S Z1t✓ - _
ADDRESS Ol OWNF.,R: r.) �Y`
',OCATION OF PROPERTY:
LEGAL DESCRIPTION OF PROPERTY:
LO'F NO. OR
BLOCK NO.
ADDITION
NUMBER OF ACRES
TRACT
PLAT SP• CO �_
SURVEY (2 . ''ILS _-
NUMBER OF ACRES � J 3H 44
For properties not in a recorded subdivision, submit a copy of a current survey or plat showing the properties
proposed to be changed, and a complete legal field note description.
CURRENT ZONING DISTRICT: C5 C — (V'\ O 2
ZONING DISTRICT` REQUESTED: �
iIAS THL REQUEST BEEN MADE BEFORE'? N0 IF SO, DATE: N O�- -6 0 ULe
ACTION: -- —. --
SUBMIT A LETTER STATING REASONS FOR REQUEST
ATTACH THE APPROPRIATE APPLICATION FEE:
LESS THAN I/2 ACRE .... ............................... ........................$250.00
1/2 ACRI; OR MORE AND LESS THAN 5 ACRES .............S450.00
5 ACRES OR MORE ........ ............................... ........................$650.00
1 HEREBY ACKNOWLEDGE THAT THE APPLICATION IS MADE FOR THE REQUESTED DISTRICT OR A
MORE RESTRICTIVE DISTRICT.
/t
c,
SiG �R.TURF, OF APPLIC; �N "I % DATE
SIGNATURE OF OWNER:
PIER SF, TYPE OR PRINT AND SUB IT TO: PLANKING DIVISION, ROOM 201
CITY44ALL, 801 MAIN STREET
BEA "ONT, TX 77701
FILE NUMBER: Z2 °�- P.O. BOX 3827 77704
DATE RECEIVF,D:5- 1Li-�L, (409) 880 -3764
RECEIPT NUMBER: FAX (409) 880 -3133
5/14/14
of Beaumont
hlannln" Cornmisslorl
Fo \From It Mav Concern:
The reason for our rezoning request is to allow the existing retirement community to
expand to the west of the existing facility.
This would be done by developing the existing Greenfield parcels zoned as GC -MD 2 to
have single family homes, duplexes, or multi- family homes constructed on the property.
This «vould be part of and maintained by the Calder Woods campus.
We respectfully respect your consideration in assisting our commitment and gro«-th in
yoLir community.
Sincerely,
Gerald W. Farha
ORDINANCE NO.
ENTITLED AN ORDINANCE AMENDING CHAPTER 28 OF
THE CODE OF ORDINANCES OF BEAUMONT, TEXAS, AND
IN PARTICULAR THE BOUNDARIES OF THE ZONING
DISTRICTS, AS INDICATED UPON THE ZONING MAP OF
BEAUMONT, TEXAS, BY CHANGING THE ZONING OF
PROPERTY PRESENTLY ZONED GC -MD -2 (GENERAL
COMMERCIAL - MULTIPLE FAMILY DWELLING -2) DISTRICT
TO RM -H (RESIDENTIAL MULTIPLE FAMILY DWELLING -
HIGH DENSITY) DISTRICT FOR PROPERTY LOCATED
WEST OF 7080 CALDER AVENUE, BEAUMONT,
JEFFERSON COUNTY, TEXAS; PROVIDING FOR
SEVERABILITY; PROVIDING FOR REPEAL AND
PROVIDING A PENALTY.
BE IT ORDAINED BY THE CITY OF BEAUMONT:
Section 1.
That Chapter 28 of the Code of Ordinances of Beaumont, Texas, and in particular
the boundaries of the zoning districts, as indicated upon the Zoning Map of the City of
Beaumont, referred to in Section 28.01.005(b) thereof, is hereby amended by changing the
zoning of property presently zoned GC -MD -2 (General Commercial - Multiple Family
Dwelling -2) District to RM -H (Residential Multiple Family Dwelling -High Density) District for
property located west of 7080 Calder Avenue, being Tracts 94, 123 -A, 123 -B and the
adjacent street right -of -way, Plat SP -6, C. Williams Survey, Beaumont, Jefferson County,
Texas, containing 3.384 acres, more or less, as shown on Exhibit "A, " attached hereto,
and the official zoning map of the City of Beaumont is hereby amended to reflect such
changes.
Section 2.
That, in all other respects, the use of the property herein above described shall be
subject to all of the applicable regulations of the underlying zoning district as well as those
regulations contained in Chapter 28 of the Code of Ordinances of Beaumont, Texas, as
amended.
Section 3.
That if any section, subsection, sentence, clause of phrase of this ordinance, or the
application of same to a particular set of persons or circumstances, should for any reason
be held to be invalid, such invalidity shall not affect the remaining portions of this
ordinance, and to such end, the various portions and provisions of this ordinance are
declared to be severable.
Section 4.
That all ordinances or parts of ordinances in conflict herewith are repealed to the
extent of the conflict only.
Section 5.
That any person who violates any provision of this ordinance shall, upon conviction,
be punished, as provided in Section 1.01.009 of the Code of Ordinances of Beaumont,
Texas.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 24th day of
June, 2014.
- Mayor Becky Ames -
File 2203 -Z: A request to rezone a property from GUMD -2 (General Commercial — Multiple
Family Dwellin , - 2) to RhI -H (Residential Multiple Family Dwelling — High Density) district to
allow single family housing.
Location: NVest of 7080 Calder Ave.
Applicant: Buckner Retirement Services, Inc. D /B /A Calder «'oods 0 100 200
1 1 1 1 Feet
SRS
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GC-M D CALDER AVE
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RM1-H
M -H
EXHIBIT "A"
Legend
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GC -MD
RM -H
June 24, 2014
Consider an ordinance approving a specific use permit to allow a bar in a GC -MD (General
Commercial - Multiple Family Dwelling) District at 2345 Calder Avenue
MCH WITH OPPORTUNITY
C, 11 1�1 (I I
T - E - X - A - S
TO:
FROM:
PREPARED BY:
MEETING DATE:
City Council Agenda Item
City Council
Kyle Hayes, City Manager
Chris Boone, Director of Planning and Community
Development
June 24, 2014
REQUESTED ACTION: Council consider an ordinance approving a specific use permit
to allow a bar in a GC -MD (General Commercial - Multiple
Family Dwelling) District at 2345 Calder Avenue.
BACKGROUND
Luke's Icehouse has applied for a specific use permit.
The specific use permit would allow for the expansion of a bar. Gary Wallace, on behalf of Luke's
Icehouse, states that the building at 2345 Calder is in disrepair and currently vacant. Luke's wishes
to save this building, repurposing it for the expansion of their growing business. Much needed
additional parking will be located on the west side of the building.
At a Joint Public Hearing held June 16, 2014, the Planning Commission recommended 5:0 to
approve a specific use permit to allow a bar in a GC -MD (General Commercial - Multiple Family
Dwelling) District at 2345 Calder Avenue.
FUNDING SOURCE
Not applicable.
RECOMMENDATION
Approval of ordinance.
LEGAL DESCRIPTION FOR ORDINANCE PURPOSES
Being Lots 5 -8 and the east 1/2 of Lot 9, Block 22, Averill Addition, Beaumont, Jefferson County,
Texas, containing 0.86 acres, more or less
TO: THL. I I.'_ AI �?C C0'�'I'�,ISIC1N _ -ND CITY CC)L "�C�i�_ �i�:,�` I`, [1 :�.�S
-- v!C C.
APPLiC`ANT �.D ,RLtiS — 02aja�j 6a 46) 7x 77 -70G%-
;�PPLICAN I 1)1 -()NE'
ADDiZF.SS OF
LOCATION OF PROP1= n:1
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LEGAL DESGRIl'TION OF PROPE?TY:
f
LOT NO- 'i t > �- qt- tk-'T _ Of L4:�L_ OR TR'�CT
BLOCIL NO
,ADDITION
NU -MBER OF AC Ri S G . t� (�7 _
P L AT
SURN,ly
NUMBLR 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 LSr �°5 T.�- Jr2�wi �Fvo� 5�,�v�c� �SrAg2_15�4M4-17— 7O =: �-� G' rl
ATTACH A LL'TTER describin all processes and activities involved -�a'ith the proposed uses.
ATTACH A SITE: PL_ -VN drawn -,o scale with the information Iisted on the top back side of this sneer.
ATTACH A REDLC'ED 3 l N II" PHOTOCOPY OF THE SITE PLAN.
THE EIGHT CONDITIONS Iistcd 017 the back side of this shect must be met before City Counci'. call Lant a speciile use
permit. PLEASE ADDRESS E: -kCII CONDITION IN DETAIL.
ATTACH TIIE APPROPRLATE APPLICATION FEE:
LESS i'll,"AN ACRE .............................. ............................... .x?i0.00
ACRE OR AMORE AND LESS THAN ACRES ............_..._.�dS0.U0
1CR'. -S OR?v 70RL .............. ...................... ............... ................
S6�O.Cr:i
I, belll th 'n eP .ii7c 1 1, _ L:- tI7I, Ln Cl'Stal tliat aiI 01 the cOI] I II01'.i, d111i:i1S1 )11S, oIIlilln- SI7tS, ; lll 1 Cal 1 3i7I parhIPcr
to flS aml7 Ildc- anti aphl0ved by C t'�' C011I1C1I. ¢
(lF NOT 11PLI D.ATE:
CITY OF 3EALI'IC!X
PL:^ N \1NG DI\ 1SION
S01 IOAP' STREE -T. P00_M
BE.
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-- Fax -.i409) SS() -31
PLEASE 11 II,-E'\C )T (i: REVERSE S1DF OF CONDITIONS To BE Ivi T ::I Ci..I iii i T :F :E I'i .'` '.Ni) LETTER OF
PROPOSED t- -11 :^ NI =` CTI'.`" T ITS.
AlbaneseCormier
F101_DIIiG`>
Chris Boone
Director, Community Development
City of Beaumont
801 Main Street Suite 210
Beaumont, TX 77701
409 -880 -3732
RE: Luke's Expansion - Specific Use Permit
Mr. Boone,
As you may know, Luke's currently has a location at 2325 Calder Avenue. Business has
been booming and we have begun work on the property adjacent to our current
location for expansion plans, which is owned by AlbaneseCormier Holdings, LLC.
We understand that this property requires a Specific Use Permit with the City. Our
intention is to continue the expansion construction while the permit is under review for
approval. We also understand that if the permit does not get approved, we will not be
able to enjoy/ the benefits of the expansion project.
We continue to look forward to working with the City to expand Luke's, adding
additional employment, and furthering Beaumont's economic growth.
If you have any questions, or if I can provide any assistance don't hesitate to let me
know,
Kind regards,
SJ �Ve� Gok�(04 05/12/2014
Silver Gordon
VP of Development - Luke's Beaumont
Western Entertainment Management, Inc.
Michael Albanese
Partner- AlbaneseCormier Holdings, LLC
May 23, 2014
P. O. Box 5608 t BEAUMONT, TX 77726 (409) 284 -0300
Wallace Construction Company is completing the application process on behalf of Silver Gordon
of Luke's Beaumont and Michael Albanese of AlbansesCormier Holdings, LLC.
In response to the City's request for the 8 conditions to be met before a specific use permit can
be issued, we address the conditions as follows:
1. Property owner is seeking permission to change use of property from offices to
Restaurant / Bar. The tenant next door is expanding his existing business to include the
building to the west to which we're referring.
2. The property is not currently being used and is in poor condition. Owner plans to leave
structure as is and add parking on west side in vacant rock lot.
3. All utilities, access and drainage are existing to the property.
4. Drives and parking have been designed to maintain adequate traffic flow and have
permission from business owner across the street to allow parking for possible overflow
traffic.
5. There will be no further or additional odors or nuisances from the property. This
business is just expanding square footage.
6. Additional lighting will be minimal outside building.
7. Landscaping will be added or updated per city requirements along Calder and parking
areas.
S. Proposed use is not changing scope of Comprehensive Plan.
Please notify us if you have any further questions concerning this application.
Thanks,
�0
Gary Wallace
409.284.0300
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ORDINANCE NO.
ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE
PERMIT TO ALLOW A BAR IN A GC -MD (GENERAL
COMMERCIAL - MULTIPLE FAMILY DWELLING) DISTRICT
AT 2345 CALDER AVENUE IN THE CITY OF BEAUMONT,
JEFFERSON COUNTY, TEXAS.
WHEREAS, Gary Wallace, on behalf of Luke's Icehouse, has applied for a specific
use permit to allow a bar in a GC -MD (General Commercial - Multiple Family Dwelling)
District at 2345 Calder Avenue, being Lots 5 -8 and the east' /2 of Lot 9, Block 22, Averill
Addition, Beaumont, Jefferson County, Texas, containing 0.86 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 bar in a GC -MD (General Commercial - Multiple Family Dwelling) District at 2345 Calder
Avenue; and,
WHEREAS, the City Council is of the opinion that the issuance of such specific use
permit is in the best interest of the City of Beaumont and its citizens;
NOW, THEREFORE, BE IT ORDAINED
BY THE CITY COUNCIL OF THE CITY OF BEAUMONT-
THAT the statements and findings set out in the preamble to this ordinance are hereby, in
all things, approved and adopted; and,
Section 1.
That a specific use permit to allow a bar in a GC -MD (General Commercial - Multiple
Family Dwelling) District at 2345 Calder Avenue, being Lots 5 -8 and the east' /2 of Lot 9,
Block 22, Averill Addition, Beaumont, Jefferson County, Texas, containing 0.86 acres,
more or less, as shown on Exhibit 'A," attached hereto, is hereby granted to Luke's
Icehouse, its legal representatives, successors and assigns, as shown on Exhibit "B,"
attached hereto and made a part hereof for all purposes.
Section 2.
That the specific use permit herein granted is expressly issued for and in
accordance with each particular and detail of the site plan attached hereto as Exhibit "B"
and made a part hereof for all purposes.
Section 3.
Notwithstanding the site plan attached hereto, the use of the property herein above
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 24th day of
June, 2014.
- Mayor Becky Ames -
File 2205 -P: _-k request for a specific use permit to allow a bar in a GC- -'ID (General Commercial —
-Multiple Family Dwelling) district.
Location: 2345 Calder Avenue
applicant: Luke's Icehouse — Beaumont, Texas, L.LC
0 100 200
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LUKE'S ICEHOUSE PATIO EXPANSION
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5
June 24, 2014
Consider an ordinance approving a revised specific use permit to allow a secondary school in a
GC. -MD (General Commercial - Multiple Family Dwelling) District at 3380 Fannin Street
RICH WITH OPPORTUNITY
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T E - X• A - S
TO:
City Council Agenda Item
City Council
FROM: Kyle Hayes, City Manager
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PREPARED BY: Chris Boone, Director of Planning and Community,
Development
MEETING DATE:
June 24, 2014
REQUESTED ACTION: Council consider an ordinance approving a revised specific
use permit to allow a secondary school in a GC -MD (General
Commercial- Multiple Family Dwelling) District at 3380
Fannin Street.
BACKGROUND
Girls" Haven. Inc., on behalf of The Ehrhart School, is requesting a specific use permit.
The applicant wants to remove three existing modular structures and construct a new 365 ft.
educational facility. The proposed facility will consist of fourteen classrooms, a multi -media
center and gymnasium. The three modular structures to be removed are currently sitting on much
needed parking.
At a .loint Public Hearing held June 16, 2014, the Planning Commission recommended 5:0 to
approve a revised specific use permit to allow a secondary school in a GC -MD (General
Commercial- Multiple Family Dwelling) District at 3380 Fannin Street.
FUNDING SOURCE
Not applicable.
RECOMMENDATION
Approval of ordinance.
LEGAL DESCRIPTION FOR ORDINANCE PURPOSES
Being Lots 9 -13 and the west 25 ft. of Lot 14, Fannin Street Addition, Beaumont, Jefferson County,
Texas, containing 5.75 acres, more or less.
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APPLICANT Q�
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LEGAL DESK [ZIPTION OF PROPF I 1 :
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KOCK NO.
ADDITION._
NUMBER OF CRI�S _
OR TR)�CT
PLAT _ --
SURti EY 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 US-
ZONE: 6614n
ATTACH A LETTER des,-n'uM_T, all processes and activities llivolvc -d -with the proposed uses.
ATTACiI A SII*E PL.N-N c Lv,N,n to �,c�-ie,,a -ith the info - oration listed on the top't�ack side of this sheet.
ATTACH A R IA-VLD S ' X II" PIIOTOCOPY OF THE SITE PLAN.
THE EIGHT CONDITIONS listed on the back side of this sheet dust be nletbefore City Council etnl rant a sped e use
permit. PLEASE, ADDRESS EACH CONDITION IN DETAIL.
ATTACH TILE APPROPRLATL APPLICATION FEE:
SST 1.-1. '; ; ACRE. - 0,
................................... .............................?�
ACRL -D LESS THAN f ACRES ..... ... .......... S150.00
ACRES OR 56 50.OU
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aeas d pic«d r acl.lu ed as a �dedd andapproved by City Couiici�
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PLE-..SF- M Ki_ '. O "I = ( -,N PE- FRS-` �,IDE- OF C:C)NDITIOi S TO BE NIET t FG. ^:i DI \G THE- SITII P7 __V- ',.N _E -- OF
PROI'C)SHD) SI:S ',ND T[ES.
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The Ehrhart School
3380 Fanniai
Beaumont, TX 77701
Phone: (409) 839 -8200 Fax: (409) 839 -8242
04/24/14
Planning Commission and City Council,
As proposed in our initial permit meeting today, Girls' Haven and The Ehrhart School wish to erect a permanent
36511. educational facility consisting of fourteen classrooms, a multi -media center and gymnasium. The
building will also house the needed support areas such as bathrooms, locker rooms, custodial closets, teacher's
workroom, etc. Girl's Haven wishes to construct this facility over four existing tennis courts and a grassed area
located directly behind Girls' Haven's main building, located at 3380 Fannin Street, in Beaumont.
The proposed new construction would replace three leased modular buildings currently located at the same
address stated above. With the modular buildings currently resting on a large pre - existing parking lot, these
temporary facilities are used as classrooms to support Ehrhart's Pre -K through 2'd grade students. Though there
are numerous reasons for erecting the proposed educational facility, reasons such as owning the facility rather
than leasing it and the fact that replacing the temporary structures can help create a safer school environment by
offering needed parking space are priorities.
In closing, I wish to thank you for considering the Girls' Haven/Ehrhart School project. If I can answer any
questions or be of further assistance, please call. I can be reached at 839 -8200.
Thanks again,
Lynn Hogg
Ehrhart School Superintendent
Planning Commission and City Council,
ConcerninLl the eight conditions required by the Zoning Ordinance:
1. We believe the purposed new instructional facility will only enhance our current instructional facilities
by housing four additional classrooms and providing a needed gymnasium and multi -media center to
support student education. Likewise, the project, as shown in attachment, should only enhance property
values within the immediate vicinity.
2. It is our opinion, that placement of the new educational structure as shown on site plans submitted, will
in no way impede the normal and orderly development and improvement of surrounding vacant
property. Please note Ehrhart site plans submitted.
3. All utilities, access roads, drainage and other necessary supporting facilities will be adequate and within
city codes.
4. The design of all driveways and parking spaces will provide for the safe and convenient movement of
vehicular and pedestrian traffic as shown in the site plans submitted. Also, no adverse affects to the
general public or adjacent development are foreseen when considering site plan layout.
5. Considering our current location serves as a residential facility and school campus; preventative
measures have been and will be taken to prevent/control offensive odor, fumes, dust, noise and
vibration.
6. Consideration will be xiven when installing directional lighting so not to disturb or adversely affect
neighboring properties.
7. Landscaping and screening will be compatible with adjacent property. Please see site plan /attachment.
8. Established in 2001. the Ehrhart School still remains at the same location, 3380 Fannin Street,
Beaumont, Texas.
Thanks for your consideration.
Lynn Hogg
Ehrhart School Superintendent
4
The Ehrhart School
.
3380 Fannin
Beaumont, TX 77701
Phone: (409) 839 -8200 Fax: (409) 839 -8242
Planning Commission and City Council,
ConcerninLl the eight conditions required by the Zoning Ordinance:
1. We believe the purposed new instructional facility will only enhance our current instructional facilities
by housing four additional classrooms and providing a needed gymnasium and multi -media center to
support student education. Likewise, the project, as shown in attachment, should only enhance property
values within the immediate vicinity.
2. It is our opinion, that placement of the new educational structure as shown on site plans submitted, will
in no way impede the normal and orderly development and improvement of surrounding vacant
property. Please note Ehrhart site plans submitted.
3. All utilities, access roads, drainage and other necessary supporting facilities will be adequate and within
city codes.
4. The design of all driveways and parking spaces will provide for the safe and convenient movement of
vehicular and pedestrian traffic as shown in the site plans submitted. Also, no adverse affects to the
general public or adjacent development are foreseen when considering site plan layout.
5. Considering our current location serves as a residential facility and school campus; preventative
measures have been and will be taken to prevent/control offensive odor, fumes, dust, noise and
vibration.
6. Consideration will be xiven when installing directional lighting so not to disturb or adversely affect
neighboring properties.
7. Landscaping and screening will be compatible with adjacent property. Please see site plan /attachment.
8. Established in 2001. the Ehrhart School still remains at the same location, 3380 Fannin Street,
Beaumont, Texas.
Thanks for your consideration.
Lynn Hogg
Ehrhart School Superintendent
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ORDINANCE NO.
ENTITLED AN ORDINANCE ISSUING AN AMENDED
SPECIFIC USE PERMIT TO ALLOW A SECONDARY
SCHOOL IN A GC -MD (GENERAL COMMERCIAL - MULTIPLE
FAMILY DWELLING) DISTRICT AT 3380 FANNIN STREET
IN THE CITY OF BEAUMONT, JEFFERSON COUNTY,
TEXAS.
WHEREAS, on August 28, 2001, the City Council of the City of Beaumont, Texas
passed Ordinance No. 01 -066 issuing a specific use permit to Karen E. Fitzhugh,
Executive Director of Girl's Haven, to allow a charter school (K -12) in a GC -MD (General
Commercial - Multiple Family Dwelling) District in existing buildings at 3380 Fannin Street
(Girl's Haven site), being Lots 9 -13 and west 25' of Lot 14, Fannin Street Addition and
Tracts 60 -A and 60 -B, Tax Plat C -6, D. Brown and N. Tevis Surveys, City of Beaumont,
Jefferson County, Texas containing 5.75 acres, more or less; and,
WHEREAS, Girl's Haven, Inc., on behalf of The Ehrhart School, wishes to amend
the specific use permit to allow a secondary school in a GC -MD (General Commercial -
Multiple Family Dwelling) District by removing three existing modular structures and
constructing a new 365 ft. educational facility at 3380 Fannin Street, being Lots 9 -13 and
the west 25 ft. of Lot 14, Fannin Street Addition, Beaumont, Jefferson County, Texas,
containing 5.75 acres, more or less, as shown on Exhibit "A," attached hereto and made
a part hereof for all purposes; and,
WHEREAS, the Planning and Zoning Commission of the City of Beaumont
considered the request to amend the specific use permit to allow a secondary school in a
GC -MD (General Commercial - Multiple Family Dwelling) District by removing three existing
modular structures and constructing a new 365 ft. educational facility at 3380 Fannin
Street, being Lots 9 -13 and the west 25 ft. of Lot 14, Fannin Street Addition, Beaumont,
Jefferson County, Texas, containing 5.75 acres, more or less as reflected in the site plan
as shown on Exhibit "B," attached hereto and made a part hereof for all purposes; and,
WHEREAS, the City Council is of the opinion that the amendment of such specific
use permit is in the best interest of the City of Beaumont and its citizens;
NOW, THEREFORE, BE IT ORDAINED BY THE
CITY OF BEAUMONT:
THAT the statements and findings set out in the preamble to this resolution are hereby, in
all things, approved and adopted; and,
Section 1.
That Ordinance No. 01 -066 be amended by amending the specific use permit
granted to Girl's Haven, Inc., on behalf of The Ehrhart School, their legal representatives,
successors, and assigns for that certain tract shown on Exhibit "A," attached hereto and
made a part hereof for all purposes, to allow a secondary school in a GC -MD (General
Commercial - Multiple Family Dwelling) District by removing three existing modular
structures and constructing a new 365 ft. educational facility at 3380 Fannin Street as
reflected in the site plan attached hereto as Exhibit "B."
Section 2.
Notwithstanding the site plan attached hereto as Exhibit "B," the use of the
property herein above described shall be in all other respects, subject to all of the
applicable regulations contained in Ordinance No. 01 -066 and the regulations contained
in Chapter 28 of the Code of Ordinances of the City of Beaumont, Texas, as amended, as
well as comply with any and all federal, state and local statutes, regulations or ordinances
which may apply.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 24th day of
June, 2014.
- Mayor Becky Ames -
File 2200 -F: Request for an amended specific use permit to allow a secondary school in
GC -MD (General Commercial — Multiple Family Dwelling) district.
Location: 3380 Fannin Street
Applicant: Girls' Haven, Inc.
0 100 200 300 400
1 1 1 1 1 Feet
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June 24, 2014
Consider approving a resolution authorizing the engagement of Bracewell & Giuliani LLP, as bond
counsel relating to the proposed issuance of Waterworks and Sewer System Revenue and Refunding
Bonds at a fee of. 15% or 15 basis points of the face amount of the Bonds issued
RICH WITH OPPORTUNITY
11111
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
June 24, 2014
REQUESTED ACTION: Council consider a resolution approving the engagement of
Bracewell & Giuliani LLP, as bond counsel relating to the
proposed issuance of Waterworks and Sewer System
Revenue and Refunding Bonds at a fee of. 15 % or 15 basis
points of the face amount of the Bonds issued.
BACKGROUND
As discussed in the presentation to Council on June 17, the City ordinance that is currently in
place for revenue bonds requires either a AAA rated surety policy or the establishment of a water
reserve bond fund whereby the average annual debt service is set aside in a restricted fund over
five years and must remain there until maturity or an advanced refunding. There are no longer
AAA surety policies available; therefore, a water reserve bond fund was established for the
Series 2010 issue and Series 2012 issue. The projected balance in the reserve fund is $2.1
million at September 30, 2014. The cash for this fund comes from the revenues of the Water
Fund and is a burden to the fund. The solution to this problem is to draft a new ordinance that is
in a second lien position to the existing ordinance and does not require a reserve fund.
Bracewell & Giuliani LLP has one of the largest public finance practices in Texas and the nation.
The practice has 40 years of experience in all aspects of public and private offerings of debt
securities by state and local governments. Staff has worked with Derrick Mitchell, attorney with
the firm, to draft the new ordinance. Ile has also worked with the City's Financial Advisor
related to the proposed revenue and refunding bonds.
FUNDING SOURCE
Water Fund - The fee on the proposed revenue and refunding bonds of $82,890,000 would be
$124,335.
RECOMMENDATION
Approval of resolution.
RESOLUTION NO.
WHEREAS, the City of Beaumont, Texas, (the "City ") proposes to issue Waterworks
and Sewer System Revenue and Refunding Bonds, Series 2014A & Waterworks and
Sewer Revenue Refunding Bonds, Taxable Series 2014B in the approximate amount of
$79,650,000 (the "Bonds "); and,
WHEREAS, in order to proceed with the issuance of the Bonds, the City desires to
authorize the employment of bond counsel;
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT, TEXAS;
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 is authorized to and hereby employs Bracewell & Giuliani LLP, of
Houston, Texas, as bond counsel for the issuance of the Bonds, pursuant to the terms of
the engagement letter dated June 16, 2014, presented by Bracewell & Giuliani LLP, to the
City, attached hereto as Exhibit "A;" and,
BE IT FURTHER RESOLVED that the City Attorney be and he is hereby authorized
to execute the engagement letter dated June 16, 22014, presented by Bracewell & Giuliani
LLP, on behalf of the City of Beaumont for the purposes described herein; and,
BE IT ALSO RESOLVED that the City and its bond counsel are authorized to
proceed with taking all action appropriate for the issuance of the Bonds; provided,
however, that the Bonds shall be issued only if the final terms and provisions thereof are
hereinafter approved by the City Council.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 24th day of
June, 2014.
- Mayor Becky Ames -
June 16, 2014
Mr. Tyrone E. Cooper
City of Beaumont, Texas
801 Main Street, Suite 325
Beaumont, TX 77701
Texas
Bracewell & Giuliani LLP
New York
711 Louisiana Street
Washington, DC
Suite 2300
Connecticut
a
Seattle
77002 -2770
June 16, 2014
Mr. Tyrone E. Cooper
City of Beaumont, Texas
801 Main Street, Suite 325
Beaumont, TX 77701
Texas
Bracewell & Giuliani LLP
New York
711 Louisiana Street
Washington, DC
Suite 2300
Connecticut
Houston, Texas
Seattle
77002 -2770
Dubai
London
713.223.2300 Office
713.221 1212 Fax
bgllp.com
Re: Bond Counsel — Waterworks and Sewer System Revenue and Refunding
Bonds, Series 2014A & Waterworks and Sewer System Revenue Refunding
Bonds, Taxable Series 2014B
Dear Mr. Cooper:
Thank you for engaging us to represent City of Beaumont, Texas (the "Client ") in
connection with the captioned obligations and such other obligations, if any, that the City
may elect to issue in conjunction therewith (the "Obligations "). We appreciate the
confidence you have shown in Bracewell & Giuliani UP ( "B &G" or "Bond Counsel ") and
look forward to this opportunity to represent the Client.
It is our practice to confirm the terms and conditions of our engagements, and that is
the purpose of this letter and the accompanying Terms of Engagement. If you have any
questions about this letter, .or Terms of Engagement, or any aspect of the engagement or
representation, please contact me as soon as possible.
Scope of Enga eg ment
As Bond Counsel, we will prepare, or assist the appropriate City officials and staff in
the preparation of all required legal proceedings and will perform certain other necessary
legal work in connection with the City's authorization, issuance, and sale of the Obligations.
Our services as Bond Counsel will include the following Basic Services, which we will carry
out directly or in concert with City officials and staff, as follows:
(1) Preparation or assistance in the preparation of the Ordinance authorizing the
issuance of the Obligations (the "Ordinance ") and all other legal instruments that comprise
the transcript of legal proceedings pertaining to the authorization, issuance, and sale of
Obligations;
#4482610.1
EXHIBIT "A"
City of Beaumont, Texas
June 16, 2014
Page 2
(2) Preparation of one set of initial temporary bonds to be submitted to the
Attorney General for approval and to the Comptroller for registration and, if required,
preparation of one set of definitive bonds to be held in book -entry only form;
(3) Attendance at meetings called by the appropriate City officials and staff to
discuss the sizing, timing, or sale of the Obligations;
(4) Consultation with City officials and staff and the City's financial advisor,
together with underwriters, if any, to review information to be included in the offering
documents for the Obligations, but only to the extent that such information describes the
Obligations, the security therefor, federal income tax status and our opinion;
(5) Preparation and submission of a transcript of legal proceedings pertaining to
the issuance of the Obligations to the Attorney General of Texas to obtain an approving
opinion;
(6) Supervision of the printing of the Obligations and the delivery thereof to the
purchasers thereof, including, if requested by the City, solicitation of bids from bond printers
to obtain the lowest responsible printing costs for the City;
(7) At the closing of the Obligations, delivery of an approving opinion, based on
facts and law existing as of its date, generally to the effect that the Obligations have been
duly issued, executed, and delivered in accordance with the Constitution and laws of the
State of Texas, that the Obligations constitute valid and legally binding obligations of the
City (subject to bankruptcy, insolvency, reorganization, moratorium, and other similar laws
in effect from time to time relating to or affecting the enforcement of rights of creditors of
political subdivisions) and that, subject to certain restrictions, interest on the Obligations is
excludable from the gross income of the owners thereof for federal income tax purposes; and
(8) Prior to and in connection with the closing of the Obligations, giving advice to
the City to enable appropriate officials to comply with the arbitrage requirements of the
Internal Revenue Code of 1986 as they affect the Obligations, including yield restrictions and
rebate requirements.
Anticipated Staffing
Although I will be your primary contact, Todd Greenwalt, Barron Wallace, Amanda
Edwards and Katherine Milton will be the other attorneys representing you on this matter.
#4482610.1
City of Beaumont, Texas
June 16, 2014
Page 3
Fees
We will provide our services as bond counsel for a fee equal to 15 basis points (ie.
0.15 %) of the face amount of the Bonds issued, but subject to a minimum fee of $17,500 per
series. The fee will be payable only at the time of delivery of the Bonds. This fee does not
include any fee for co -bond counsel, should the City elect to employ one. Separate and apart
from such expenses, Bond Counsel will be reimbursed for any filing fees paid by Bond
Counsel to the Attorney General of Texas, which fees may be as much as $9,500 per series of
Obligations.
The Bond Counsel fees for the services provided here are wholly contingent upon the
actual sale and delivery of the Obligations.
Nothing herein shall be construed as creating any personal liability on the part of any
officer of the Client, and this agreement may be terminated by the Client by giving thirty (30)
days' written notice.
Conflicts
It is B &G's practice to comply with the professional standards and ethics
requirements in the jurisdictions in which we perform legal services or manage the account.
Based on the information that you have provided, it does not appear that this engagement is
materially adverse to any substantially related matter that B &G is handling for other clients
of the firm. It is important that you know, however, that B &G may represent other clients
within the same industry and may have matters that may be adverse to your interests in
unrelated matters.
Consultation with Independent Counsel
Under the terms of this Engagement Letter and the attached Terms of Engagement,
the Client has specific obligations to B &G (for example, the obligation to provide complete
and accurate information to the firm). Moreover, there are limits to the rights that the Client
might otherwise have (for example, the agreement to resolve any dispute with B &G by
arbitration rather than by jury trial). If you wish to obtain independent advice concerning
these or any other provisions of this Engagement Letter or Terms of Engagement, we
encourage you to contact counsel of your choice.
Please call me if you wish to discuss any aspect of this engagement. If this letter and
the Terms of Engagement accurately reflect our agreement, please sign the enclosed copy of
this letter and return it to me.
#4482610.1
City of Beaumont, Texas
June 16, 2014
Page 4
Thank you again for the opportunity to represent the Client in this matter.
Very truly yours,
Bracewell & Giuliani LLP
By: Derrick Mitchell
Attachments
AGREED AND ACCEPTED:
CITY OF BEAUMONT, TEXAS
Tyrone E. Cooper, City Attorney
#4482610.1
Exhibit A to
Agreement for Bond Counsel Services
BRACEWELL & GIULIANI LLP
Partners
Associates
44482610.1
Todd Greenwalt $845
Derrick Mitchell $585
Barron Wallace $680
Amanda Edwards $450
Katherine Milton $400
BRACEWELL & GIULIANI LLP
TERMS OF ENGAGEMENT
Introduction
These are the Terms of Engagement adopted by Bracewell & Giuliani LLP ( "B &G ") and
referred to in our Engagement Letter as the basis for our representation. Because they are an
integral part of our agreement to provide representation, we ask that you review this document
carefully and retain it for your files. If you have any questions after reading it, please promptly
inform your principal contact at the firm.
Client of the Firm
Since B &G has been engaged to represent the client only, the engagement does not include the
client's affiliated or related entities, or their respective individual partners or employees.
For example, for corporations and partnerships, unless otherwise specifically stated in the
Engagement Letter, our representation does not include any parents, subsidiaries, employees,
officers, directors, shareholders, or partners of the corporation or partnership, or commonly
owned corporations or partnerships. Similarly, for trade associations, our representation does not
include members of the trade association; and for individuals, our representation does not include
employers, partners, spouses, siblings, or other family members. In the event we are asked to
undertake representation of any other entity in connection with this engagement, we will do so
only by agreement defined in the Engagement Letter.
The Scope of the Representation
B &G undertakes to provide representation and advice on the matters for which we are engaged,
and it is important that we both have a clear understanding of the services that B &G has agreed
to provide. In the Engagement Letter, B &G specifies the matter in which we will provide
representation and the scope of the services we will provide. If there are any questions about the
engagement, including the scope of the representation, and related services being performed,
please address those questions promptly with your principal contact at the firm.
As you may be aware, the Treasury Department has issued new Regulations, commonly referred
to as Circular 230, that dictate how attorneys must communicate with their clients whenever they
render "written advice" on tax issues. The new regulations are very broad and will frequently
restrict ordinary communications between attorney and client. We can avoid the costly and time -
consuming process of preparing a formal opinion to comply with Circular 230 by including a
legend on written advice similar to the following: "As required by United States Treasury
Regulations, you should be aware that this communication is not intended or written by the
sender to be used, and it cannot be used, by any recipient for the purpose of avoiding
penalties that may be imposed on the recipient under United States federal tax laws."
#4482610.1
Unless we agree in advance to the contrary, written advice that we prepare for you will contain
this legend.
Our Relationship With Others
B &G represents many businesses and individuals. In some instances, the applicable rules of
professional responsibility may limit our ability to represent clients with conflicting or
potentially conflicting interests. Those rules of professional responsibility often allow us to
exercise our independent judgment in. determining whether our relationship with one client
prevents us from representing another. In other situations, we may be permitted to represent a
client only if the other clients consent to that representation.
If a conflicts issue unrelated to the engagement develops between you and another client, we will
follow the applicable rules of professional responsibility to determine whether we may represent
either you or the other client in the unrelated controversy. In making this determination, we will
consider your agreement to the Conflicts of Interest provisions in these Terms of Engagement.
In addition to our representation of other companies and individuals, we also regularly represent
lawyers and law firms. As a result, opposing counsel in the matter may be a lawyer or law firm
that we may represent now or in the future. Likewise, opposing counsel in the matter may
represent our firm now or in the future. Further, we have professional and personal relationships
with many other attorneys, often because of our participation in bar associations and other
professional organizations. We believe that these relationships with other attorneys do not
adversely affect our ability to represent any client. Your acceptance of our Engagement. Letter
means you consent to any such relationships between our firm and other lawyers or law firms,
even counsel representing a party adverse to you in this engagement.
Conflicts of Interest
Conflict of interest is a concern for lawyers and their clients. We attempt to identify actual and
potential conflicts at the outset of any engagement, and may request that you sign a conflict
waiver before we accept an engagement. Occasionally, other clients or prospective clients may
ask us to seek a conflict waiver from you so that we can accept an engagement on their behalf.
Please do not take such a request to indicate that we will represent you less zealously; we make
such requests because we take our professional responsibilities to all clients and prospective
clients very seriously.
Unfortunately, conflicts sometimes arise or become apparent after work begins on an
engagement. When that happens, we will do our best to address and resolve the situation in the
manner that best serves the interests of all of our affected clients.
Because B &G is a large firm, we may be asked to represent someone whose interests lnay be
adverse to yours. B &G accepts this engagement on the understanding that our representation of
you will not preclude us from accepting another engagement from an existing or a new client,
provided (1) that such engagement is not substantially related to the subject matter of services we
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44482610.1
provide to you, and (2) that in accepting such other engagement we would not impair the
confidentiality of proprietary, sensitive or otherwise confidential information you have provided
to us.
Rules concerning conflicts of interest vary with the jurisdiction. In Ordinance to avoid any
uncertainty, our policy is that the Texas Disciplinary Rules of Professional Conduct will be
applicable to the representation. Unless the Engagement Letter stipulates that some other rules
of professional responsibility will govern our attorney- client relationship, your acceptance: of our
Engagement Letter means you agree with that policy.
Staffing The Project
In most cases, one attorney will be your primary contact. In Ordinance to provide you with the
expertise of our firm, and to provide services on a cost effective basis, that attorney will delegate
parts of your work to other lawyers, legal assistants and other professionals.
Fees, Billing Arrangements and Terms of Payment
B &G issues invoices on a regular basis, normally each month, for fees and other charges.
Invoices are due on presentment and are considered past due 30 days after receipt. It is
important to review invoices that are presented each month and to bring any concerns regarding
the invoice, services or staffing to the attention of your primary contact at the firm within 30
days of receipt of an invoice.
Fees for professional services and reimbursable expenses are not contingent on the outcome of
the project.
Clients frequently ask us to estimate the fees and other charges they are likely to incur in
connection with a particular matter. Any estimate is based on professional judgment and facts
and circumstances that appear at the time. As such, any estimate is subject to the understanding
that, unless we agree otherwise in writing, it does not represent a maximum, minimum, or fixed -
fee quotation. The ultimate cost frequently is more or less than the amount estimated.
As an adjunct to providing services, we may incur and pay a variety of charges on your behalf or
charge for certain ancillary support services. Whenever we incur such charges on your behalf or
charge for such ancillary support services, we will bill them to you as part of your monthly
invoice. Examples include charges for photocopying, postage, long - distance telephone calls,
travel and conference: expenses, delivery charges, computerized research, and facsimile and other
electronic transmissions. Outside expenses generally will be billed at cost, while some in -house
expenses (e.g., copying, telecopying, computer services and in -house research) will include a
reasonable allocation of overhead. In appropriate cases, reimbursable expenses will also include
overtime charges for dedicated services for secretaries and other staff.
It may be necessary for us to retain third parties, such as consultants, experts and investigators, in
Ordinance to represent you adequately. In that event, you will be responsible for the payment of
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#4482610.1
the invoices of those third parties. Although we may advance third -party disbursements in
reasonable amounts, we will ask you to pay larger third -party invoices (usually those over $500)
directly to the third party providing the services. Because we often have ongoing professional
relationships with the persons who render such services, we also ask that you pay such bills
promptly and send us notice of your payment.
At times, and for a limited time, we may retain copies of documents generated or received by us
in the course of your representation. Should you request documents from us at the conclusion of
our representation (other than your original documents), to the extent that such documents may
be available, you agree to compensate the firm for reproduction charges and professional fees
required to retrieve, review and duplicate the files.
Should your account become delinquent and satisfactory payment terms are not arranged, we
may take steps, as permitted under the rules regulating our profession, to withdraw from the
representation, cease representation or terminate the engagement.
If the representation will require a concentrated period of activity, such as a trial, arbitration, or
hearing, we reserve the right to require the payment of all amounts owed and the prepayment of
the estimated fees and expenses to be incurred in completing the trial, arbitration, or hearing, as
well as arbitration fees likely to be assessed. If you fail to timely pay the estimated fees and
expenses, we will have the right to cease performing further work and the right to withdraw from
the representation, subject to any applicable rules of court or other applicable tribunal.
Although an insurer's payment of defense costs may be applied to billings of the firm, the
payment obligation remains with you. Failure of any insurer to pay all or part of the billings for
this Project does not relieve you from the obligation to pay billings in full and in a timely
manner.
From time to time, we assist clients in pursuing third parties for recovery of attorneys' fees and
other charges resulting from our services. These situations include payments under contracts,
statutes or insurance policies. However, it remains your obligation to pay all amounts due to us
within 30 days of the date of our statement.
Taxes
B &G anticipates that it will perform all, or substantially all, of its professional services for this
engagement in the United States. B &G will bill the client from, and B &G will receive all
payments in, the United States. Accordingly, neither B &G nor the client anticipates the
assessment of taxes outside the United States on the payments to B &G required under the
Engagement Letter.
The client, however, agrees that all payments under the Engagement Letter shall be payable to
B &G in U.S. Dollars, free and clear of any and all present and future taxes, levies, imposts,
duties, deductions, withholdings, fees, liabilities and similar charges (the "Taxes "). If any Taxes
are required to be withheld or deducted from any amount payable under the Engagement Letter,
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P4482610.1
then the amount payable under the Engagement Letter shall be increased to the amount which,
after deduction from such increased amount of all Taxes required to be withheld or deducted
therefrom, will yield to B &G the amounts stated to be payable to B &G under the Engagement
Letter. In the event that the client is required to withhold or deduct Taxes from any payment
under the Engagement Letter, the client shall promptly pay such Taxes and shall furnish B &G
with appropriate tax receipts issued by tax authorities showing payment of such Taxes by the
client.
Your Cooperation
To enable us to provide effective representation, you agree to: (1) disclose to us, fully and
accurately and on a timely basis, all facts and documents that are or might be material or that we
may request; (2) keep us apprised on a timely basis of all developments relating to the
representation that are or might be material; (3) attend meetings, conferences, and. other
proceedings when it is reasonable to do so; and, (4) cooperate fully with us in all matters relating
to the engagement.
Insurance Coverage
We will only represent you, and not your insurer, in this matter.
Unless we specifically agree to do so, we will not evaluate any aspect of insurance coverage,
advise you with respect to such coverage, or become involved in any policy or coverage dispute.
From time to time, we represent insurance companies, and our ability to assist you with such
insurance issues may be limited by our need to comply with the rules governing conflicts of
interest. However, if your matter involves coverage questions, we ask that you let us know in
advance so that we do not inadvertently transmit information to your insurer that might somehow
affect coverage.
Termination
Because B &G has been engaged to provide services in connection with the representation
specifically defined in our Engagement Letter, the attorney - client relationship terminates upon
our completion of our services related to the representation. After completion of the
representation, however, changes may occur in the applicable laws or regulations that could
affect your future rights and liabilities in regard to the matter. B &G has no continuing obligation
to give advice with respect to any future legal developments that may relate to the project.
You may terminate the engagement at any time, with or without cause, by notifying us in
writing. The firm also can terminate the engagement before the completion of its representation
of you in the specified matter if (a) the continued representation would result in a violation of the
applicable rules of professional conduct; (b) the termination can be accomplished without
material adverse effect on your interests; (c) the firm has a fundamental disagreement with the
objective in this engagement; (d) you substantially fail to discharge an obligation regarding this
engagement, including the payment of fees and expenses and the duty of cooperation as provided
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#4482610.1
in the Terms of Engagement; or (e) other good cause for termination exist. In the event that the
firm intends to terminate the engagement, the firm will give reasonable notice and allow you
access to your files relating to this engagement.
The termination of our services will not affect your responsibility for payment of legal services
rendered and other charges incurred before termination and in connection with an Ordinancely
transition of the project.
Confidentialitv and Document Retention
At the close of any matter, we may return relevant documents to Client, send remaining pertinent
parts of our files to a private storage facility for a limited time or destroy certain documents. The
attorney closing the file will determine, at his or her discretion, which portion should be returned
to Client, which portion should be sent to private storage (and for how long) and which portions
are to be destroyed.
You agree that we will own and retain our own files pertaining to the engagement and that you
will not have the right or ability to require us to deliver such files (or copies thereof) to you,
including, for example, firm administrative records, time and expense reports, personnel and
staffing materials, credit and accounting records, electronic mail correspondence (other than such
correspondence which was sent to you by a member of our firm) and internal lawyer's work
product, such as drafts, Bonds, internal memoranda and legal and factual research, including
investigative reports prepared by or for the internal use of lawyers. Further, at the discretion of
the responsible partner for the project in question, we may destroy any such documentation
which is the property of the firm or any documentation which such partner determines to be
duplicative or unnecessary, and in all cases without having to obtain your consent.
Under provisions of the Internal Revenue Code and Treasury Regulations, a law firm is subject
to disclosure and list maintenance requirements if the firm receives a certain minimum fee for
providing legal services and with respect to specific types of transactions. Pursuant to those
requirements, the firm must file a disclosure form with the IRS and maintain a file with respect
to any such transaction that identifies, among other items, the name and taxpayer identification
number of each participant in the transaction, a summary of the transaction, a description of the
tax aspects of the transaction and a copy of any tax opinion rendered with respect to the
transaction. The firm must provide the file to the IRS within 20 days of its request.
In the event that our work for you is subject to the list maintenance requirements, we would be
required to make the disclosures in a form filed with the IRS and to maintain a file as described
above and provide the file to the IRS upon its request. Accordingly, you hereby consent to our
making such disclosures, maintaining such file, providing it to the IRS, and in all other
ways complying with the disclosure and list maintenance requirements without obtaining
further permission from you. You further agree that you hereby waive any attorney- client
or other privilege or right to confidentiality of information with respect to the information
that we determine in our sole discretion must be provided to the IRS pursuant to these
requirements. This waiver will be effective at the time the above information is provided to
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the IRS. Time devoted to complying with the list maintenance requirements will be billed in
accordance with our customary rates.
Disclaimer
We cannot guarantee the outcome of any matter. Any expression of our professional judgment
regarding your matter or the potential outcome is, of course, limited by our knowledge of the
facts and based on the law at the time of expression. It is also subject to any unknown or
uncertain factors or conditions beyond our control.
Either at the commencement or during the course of the representation, we may express opinions
or beliefs about the matter or various courses of action and the results that might be anticipated.
Any expressions on our part concerning the outcome of the representation, or any other legal
matters, are based on our professional judgment and are not guarantees.
By signing the Engagement Letter or otherwise indicating your acceptance of the Engagement
Letter, you acknowledge that B &G has made no promises or guarantees to you about the
outcome of the representation, and nothing in these Terms of Engagement shall be construed as
such a promise or guarantee.
Our Professional Responsibility
The code of professional responsibility lists several types of conduct or circumstances that
require or allow us to withdraw from representing a client. These include, for example,
misrepresentation or failure to disclose material facts, action contrary to our advice, conflict of
interest with another client and nonpayment of fees or charges. B &G tries to identify in advance
and discuss with our clients any situation that may lead to our withdrawal. If withdrawal ever
becomes necessary, B &.G gives our client written notice as soon as practicable.
The State Bar of Texas investigates and prosecutes complaints of professional misconduct
against attorneys licensed in Texas. A brochure entitled Attorney Complaint Information is
available at all of our offices and is likewise available upon request. A client that has any
questions about the State Bar's disciplinary process should call the Office of the General Counsel
of the State Bar of Texas at 1- 800 - 932 -1.900 (toll free).
Modification of Our Agreement
The Terms of Engagement reflect our agreement on the terms of all engagements, and are not
subject to any oral agreements, modifications, or understandings. Any change in these Terms of
Engagement must be made in writing signed by both B &G and Client.
In Conclusion
We look forward to a long and mutually satisfying relationship with you. Again, if at any time
you have a question or concern, please feel free to bring it to the attention of your principal
contact at our firm.
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04482610.1
June 24, 2014
Consider approving a resolution authorizing the purchase of a wheeled excavator from Mustang Cat,
Inc. of Houston for use by the Streets and Drainage Division
RICH WITH OPPORTUNITY
[1EA,U11C111T
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
June 24, 2014
REQUESTED ACTION: Council consider a resolution approving the purchase of a
wheeled excavator from Mustang Cat, Inc., of Houston, in
the amount of $178,235.
BACKGROUND
The wheeled excavator is a multi -task machine that will be used by the Streets and Drainage
water cut crews. It is used to remove existing concrete and asphalt, cut, grade and install
necessary base material when repairing water and sewer lines under streets and sidewalks. The
machine is self - propelled and will not require being hauled to the job site. The machine can also
be used to assist with emergency debris removal. It is a new addition to the City's fleet of heavy
equipment.
Pricing was obtained through the Buyboard Cooperative Purchasing Program. Buyboard
provides cities and political subdivisions with the means to purchase specialized equipment at
volume pricing. Buyboard complies with State of Texas procurement statutes. The contract
price of $178,235 includes the $400 Buyboard fee which is paid to the vendor.
Warranty and service are provided by Mustang Cat, Inc., of Beaumont, for 3 years or 5,000
hours.
FUNDING SOURCE
Capital Reserve Fund.
RECOMMENDATION
Approval of resolution.
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF BEAUMONT:
THAT the City Council hereby approves the purchase of a wheeled excavator for use by
the Streets and Drainage Division from Mustang Cat, Inc., of Houston, Texas, in the
amount of $178,235 through the BuyBoard Cooperative Purchasing Program.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 24th day of
June, 2014.
-Mayor Becky Ames -
PUBLIC HEARING
Receive comments related to a contract
with the Federal Transit Administration
(FTA) to receive Operating Assistance
funds for the Beaumont Municipal Transit
System for FY 2014; an application for
Congestion Mitigation and Air Quality
(CMAQ) funding; and to receive
additional federal funding through TxDOT
June 24, 2014
Consider approving a resolution authorizing the City Manager to execute a contract with the Federal
Transit Administration (FTA) to receive Operating Assistance funds for the Beaumont Municipal
Transit System for FY 2014; to apply for and receive Congestion Mitigation and Air Quality
(CMAQ) funding; and to receive additional federal funding through TxDOT
RIC'R WITH OPPORTUNITY
ILI A, [I 1�1 (I I
T- E - X - A - S
TO:
FROM:
PREPARED BY:
MEETING DATE:
City Council Agenda Item
City Council
Kyle Hayes, City Manager
Chris Boone, Director of Planning and Community
Development
June 24, 2014
REQUESTED ACTION: Council consider a resolution authorizing the City Manager to
execute a contract with the Federal Transit Administration
(FTA) to receive Operating Assistance funds for the
Beaumont Municipal Transit System for FY 2014; to apply for
and receive Congestion Mitigation and Air Quality (CMAQ)
funding; and to receive additional federal funding through
TxDOT. Council is also requested to conduct a public
hearing to receive comments on these items.
BACKGROUND
Beaumont Municipal Transit has prepared a grant application for FY 2014 FTA funds. The grant
will help fund the labor, fringe benefits, parts and supplies, purchased services, utilities, insurance,
licenses, and all other miscellaneous expenses needed for the operation and maintenance of the
Beaumont Municipal Transit (BMT) System in FY 2014, the period from October 1, 2013 through
September 30, 2014.
Beaumont Municipal Transit is also applying for Congestion Mitigation and Air Quality (CMAQ)
funding which woulcl provide for the purchase of three (3) new CNG powered transit buses.
Rather than the normal local match requirement of 20% by the City of Beaumont, the 20% local
match would be provided by TXDOT through environmental credits. There will be no cost to the
City for the purchase of these vehicles.
TxDOT is applying for FTA funds in the amount of $473,397. This amount will cover the
purchase of four (4) replacement vehicles and renovations to the Transit facility (see attached).
TXDOT will again provide the local 20% match through environmental credits and there will be no
cost to the City for these expenditures.
FUNDING SOURCE
The operating assistance grant will pay up to 50% of the net operating deficit.
_ Source
Amount
FTA Grant
$2,015,602
City Share
$2,009,746
State
$374,262
Farebox Revenue
$520,000
Total:
$4,920,210
The CMAQ grant will pay 100% of three new buses.
_ Source
Amount
J--TA Grant
$1,500,000
Ciuy Share
_0_
State
LFotal:
Environmental Credits
$1,500,000
The TxDOT capital assistance grant will pay 100% of the new vehicles and facility renovations.
_ Source
Amount
FT_A Grant
$473,397
Citv Share
_0_
State
Environmental Credits
Total:
_ $473,397
RECOMMENDATION
Approval of resolution
PUBLIC NOTICE
The City of Beaumont /Beaumont Municipal Transit (BMT) is considering applying
for two grants from the Federal Transit Administration (FTA) for FY 2014 and is
receiving additional federal money through a TXDOT grant. A description of the
proposed Program of Projects for the three grants is outlined below.
The first grant will be for operating assistance (5307 funding) for the Beaumont
Municipal Transit System for up to one -half of the net operating deficit for FY
2014, the period between October 1, 2013 through September 30, 2014.
Operating assistance will cover all expenses related to the operation and
maintenance of the transit system to include labor, fringe benefits, fuel, tires, bus
parts, lubricants, other materials and supplies, insurance, utilities, purchased
services, taxes and Licenses, and any other miscellaneous expenses. An estimated
breakdown of the operating assistance project follows:
Line Item Federal State Local Fares Total
Operating $2,015,602 * $374,262 $2,009,746 $520,000 $4,920,210
Assistance
*Actual allocation for FY 2014 is $2,025,226 and $9,624 has been subtracted from
that amount in order to reimburse FTA for old transit vehicles that were sold by
the City of Beaumont.
The second grant is for capital assistance with Congestion Mitigation and Air
Quality (CMAQ) funding in the purchase of three (3) new CNG powered transit
buses in the amount of $1,500,000 in federal funding. Normally there would be a
local match requirement of 20% by the City of Beaumont. However, for this grant,
the 20% local match will be provided by TXDOT by using environmental credits.
These credits are on paper and there is no cash involved. Thus there will be no
cost to the City for the purchase of these vehicles. A breakdown of this capital
project is as follows:
Line Item
Federal
State
Local
Total
Purchase
$1,500,000
Enviro.
-0-
$1,500,000
3 Buses Credits
The third grant was applied for by TXDOT through the FTA (5307 funding). The
City is scheduled to receive $473,397 in 5307 capital assistance funding. TXDOT
will again provide the local 20% match through environmental credits and there
will be no cost to the City for this project. A Program of Projects with associated
estimated costs are outlined below:
Line Item Federal State Local Total
Purchase 2 Replacement $50,000 Enviro. -0- $50,000
Sedans Credits
Purchase 2 CNG Paratransit $280,000 Enviro. -0- $280,000
Vans Credits
Purchase 2 GPS Systems for $5,000 Enviro. -0- $5,000
Trial on Revenue Vehicles Credits
Facility Renovation to Include $138,397 Enviro. -0- $138,397
Curb /Sidewalk Repair and Credits
Adding Fencing /Slab
A Public Hearing on the above proposed three grants will be held by the City of
Beaumont on Tuesday, June 17, 2014, at 1:30 pm in City Council Chambers,
Beaumont City Hall, 801 Main Street, Beaumont, Texas, 77704.
The Public Hearing, will offer an opportunity for interested persons, agencies, and
private transportation providers to comment on the proposal. The hearing will
also afford the opportunity for interested persons to be heard on the social,
economic, and environmental aspects of the proposal.
Prior to the hearing, additional information may be requested and /or written
comments may be submitted to:
William J. Munson
General Manager
Beaumont Municipal Transit
550 Milam Street
Beaumont, Texas 77701
(409)835 -7895
In addition, the proposed grant application data may be viewed prior to the Public
Hearing by the public at the Beaumont Municipal Transit Office at 550 Milam
Street, Beaumont, Texas, 77701, during normal business hours of 8:00 am until
4:30 pm on weekdays.
The above proposed Program of Projects for the three grants will become final
unless amended by the City Council. The final approved grant application data for
all three grants will be available for public review at the Beaumont Municipal
Transit Office at 550 Milam Street, Beaumont, Texas, 77701, or a copy can be
requested by calling (409)835 -7895.
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 submit two (2) grant applications
and execute two (2) contracts with the Federal Transit Administration (FTA) to receive an
Operating Assistance Grant in the amount of $2,015,602 and a Capital Assistance Grant
in the amount of $1,500,000 for the Beaumont Municipal Transit System; and,
BE IT FURTHER RESOLVED THAT the City Manager be and he is hereby
authorized to receive Federal Transit Administration (FTA) funds from Texas Department
of Transportation (TxDOT) as a Capital Assistance Grant in the amount of $473,397 for
the Beaumont Municipal Transit System.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 24th day of
June, 2014.
- Mayor Becky Ames -