HomeMy WebLinkAboutPACKET DEC 16 2014BEAUMONT
TEXAS
REGULAR MEETING OF THE CITY COUNCIL
COUNCIL CHAMBERS DECEMBER 16, 2014 1:30 P.M.
CONSENT AGENDA
* Approval of minutes — December 9, 2014
* Confirmation of committee appointments
A) Authorize the City Manager to execute all documents necessary, specifically including a
License Agreement, for the Beaumont Police Department to continue to maintain a Police
Substation at Parkdale Mall
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TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: James P. Singletary, Chief of Police X
MEETING DATE: December 16, 2014
REQUESTED ACTION: Council consider a resolution authorizing the City Manager
to execute all documents necessary, specifically including a
License Agreement, for the Beaumont Police Department to
continue to maintain a Police Substation at Parkdale Mall.
BACKGROUND
The Beaumont Police Department has had a Police Substation at Parkdale Mall for
approximately eighteen (18) years.
FUNDING SOURCE;
The Total fee is one dollar ($1.00).
RECOMMENDATION
Approval of resolution.
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF BEAUMONT-
THAT the City Manager is hereby authorized to execute all documents necessary to
continue a License Agreement between the City of Beaumont and Parkdale Mall CMBS,
LLC, by CBL & Associates Management, Inc., forthe Police Substation located at Parkdale
Mall. The agreement is substantially in the form attached hereto as Exhibit "A" and made
a part hereof for all purposes.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 16th day of
December, 2014.
- Mayor Becky Ames -
LINtiFREEMF.NT
Unit/s:
H -848
Project #: 100 -451
Deal Type: Inline
Revised: 4/17/2014
THIS LICENSE AGREEMENT, (the "Agreement "), is made this day of _ 20_, by and between
P AR ,D yLE MALL CMBS LLC a Delaware limited liability company by CBL & Associates ;Management, Inc., its managing agent.
( "Licensor ") and City of Beaumont having offices at 225 College St. Beaumont, IK 77701, Contact: Idle Hayes Phone: 409- 880 -3844
( "Licensee';
It is understood and agreed that this Agreement is, and is intended to be a license, granting the Licensee permission to engage in
certain acts upon the Licensor's premises, subject to the terms, conditions and limitations set forth herein. Licensor does not grant
Licensee any permanent interest in Licensor's premises, land, building or other realty whatsoever, nor shall any other relationship
between the parties, including, but not limited to that of landlord and tenant, principal, agent, partnership or joint venture be implied or
created by virtue of this Agreement. In consideration of the agreements set forth herein and for other good and valuable consideration, the
sufficiency of which is hereby acknowledged, the parties agree:
1. License Area: Licensee's rights under this Agreement shall be limited to the specific unit(s) containing the square feet identified
in the chart below (the "Terms Chart) and as shown on Exhibit A, attached hereto and made a part hereof ( "License Area "), in Parkdale
Mall Beaumont TX (The "Shopping Center ") located at 6155 Eastex Fwy. Suite #200 Beaumont, TX 77706 -6797. Licensee shall have
no right to use any other area of Licensoe's premises, other than common areas open to the general public. Whenever in this Agreement
the term "License Area" is used, such term shall refer individually to each unit, and collectively to all of the units listed below during the
respective periods as shown in the Terms Chart, as applicable.
2. Duration: With respect to each License Area, Licensee's rights under this Agreement, including the payment of Minimum Fees and
Additional Fees, including Percentage Rent, shall commence on the Start Date listed in the Terms Chart (the "Commencement Date "),
and shall end on the End Date listed in the Terms Chart (the "Expiration Date "), unless the License referenced in this Agreement is
revoked earlier by Licensor. %Vith respect to each License Area, Licensor shall not be liable to Licensee in damages or otherwise for any
delay in the Commencement Date, regardless of cause. In the event Licensee opens for business prior to the Start Date below, monthly
Minimum Fees and Additional Fees due as of the date of opening, will be adjusted and Licensee will be billed accordingly.
Terms Chart
Unit
Square Footage
Start
End
14-848
800.00
10/1/2014
1 9/30/2015
3. Use: Trade Name: The License Area shall be occupied and used by the Licensee solely for the purpose of using the premises as a
police department substation for shift chanties. report writing. tahone work, etc. The premises shall not be used as a iail and for no other
purpose whatsoever. Licensee shall provide, store and /or stock in the License Area only such services and merchandise as Licensee is
permitted to offer for sale in the License Area pursuant to this Agreement. Licensee shall occupy and use the License Area only under the
trade name of Police Substation, which shall not be changed without Licensor's prior written consent.
4. Fees: Licensee shall pay Licensor, without notice, demand, deduction or setoff, at Parkdale 'Mall CABS LLC PO Box 74942
Cleveland 011 44194 -4942 or such other location as Licensor may specify, by certified check or money order on or before the
Commencement Date and on the first day of each month thereafter:
Minimum Fee(s):
i
Description Unit Start Date End Date Fee Total Fee
Base Rent L. A. H -848 10/01/2014 10/01/2014 $1.00 $1.00
Should Licensee fail to pay when due any installment of Fees including Minimum Fees, Additional Fees, Percentage Rent, or any other sum
payable to Licensor under the terms of this Agreement, then from and after the date on which any such sum shall be due and payable, a
Late Charge of Two Hundred Dollars ($200.00) for such failure to cover the extra expense involved in handling such delinquency shall be
paid by Licensee to Licensor.
5. Utilities: Licensee shall be solely responsible for and shall promptly pay for all fees, deposits and charges, including use and /or
connection fees, hook -up fees, standby fees, and /or penalties for discontinued or interrupted service, and the like, for water, gas, electricity,
Fire alarm, burglar alarm, telephone, television, cable, internet, wift, or other data service, sewer and any other service or utility used in or
upon or furnished to the License Area, including any such services supplied by Licensor, in which case fees for such services shall be
included as Additional Rent.
EXHIBIT "A"
G. Damage Deposit: Licensee deposits herewith the sum of $0M, due upon Licensee's execution of this Agreement unless otherwise
noted, Waived as a damage deposit as a surety for the performance by Licensee of the terms of this Agreement under which Licensee
may be in default or for any sum which Licensor may expend by reason of Licensee's default in respect of any of the terms of this
Agreement including any damages which may result to the License Area or any other portion of the Shopping Center. Within 30 days after
the expiration or earlier termination of the term of this Agreement there shall be an accounting with payment to Licensor or
reimbursement to 'Licensee, as the case may be, of the aforesaid sum. As used in this paragraph, the term "expiration" shall mean the
latest End Date listed in the Terms Chart.
7. Condition of License Area: Licensee has inspected each License Area identified in the Terms Chart, and accepts each "as is" with
no representation or warranty by Licensor regarding the condition of the License Area or its suitability for Licensee's use or occupation
thereof. Licensor has no obligation to secure or repair the License Area unless the obligation is set forth in this Agreement.
8. Licensee's Construction, Design and Merchandising Requirements: All costs and expenses (including permits or licenses)
attributable to the construction of the License Area by Licensee shall be borne by Licensee. Licensee shall not commence construction
of the License Area or make any alterations or additions to the License Area without first obtaining Licensee's written approval of the
location, scope and design, which may be withheld in Licensor's sole discretion, nor shall Licensee perform any work prior to the
execution of this Agreement. All Licensee work and any signage or visual displays shall be in accordance with the design criteria and
requirements set forth in the Rider. Licensee understands and agrees to implement visual merchandising recommendations of Licensor
and change visual merchandising presentation as requested by Licensor.
9. Permits and Taxes: Licensee shall be responsible for obtaining any licenses, authorizations, or permits required by any
governmental agency or authority for the type of activitti- to be carried on at or for the use of the License Area. No unlawful activities shall
be permitted in the use of the License Area. The consumption or sale of alcoholic beverages on or from the License Area shall not be
permitted. Any and all taxes, fees and assessments which may be levied or assessed on the assets, business or capital of Licensee, by any
duly constituted government authority, and any taxes, fees for use, copyright or license fees associated with the use of any music, design or
other artistic medium used in connection with the activities thereof, shall be borne by Licensee.
10. Operating Requirements: The License Area shall remain open for business at all times designated by Licensor. With respect to
each License Area identified in the Terms Chart, Licensee shall operate in the entire License Area continuously and uninterruptedly while
this Agreement is in effect, and in a first class manner. Licensee shall observe all operating rules and regulations for the Shopping Center
and Licensee's occupancy therein which Licensor may promulgate from time to time, including but not limited to the rules set forth in
Exhibit B attached hereto and incorporated herein. Licensee acknowledges and recognizes that its failure to continuously operate during
the hours stipulated by Licensor or to observe the rules will cause a loss of goodwill to Licensor by the Shopping Center's customers and
other uncertain damages to Licensor which are not easily ascertainable, and for each License Area where Licensee fails to operate,
Licensee hereby agrees to pay Licensor $100.00 per day as liquidated damages, and not as a penalty, for any period of noncompliance.
Licensee shall not cause or permit any hazardous material to be brought upon, stored, kept, used, or discharged on or about the License
Area.
11. Repair and Maintenance: Licensee shall maintain, at its sole cost and expense, the License Area in good condition and make all
necessary replacements and repairs to the License Area except for structural repairs. In addition to all other remedies of Licensor, if
Licensee does not complete its obligations to repair and maintain the License Area, or if Licensor, in the exercise of its sole discretion,
determines that emergency repairs are necessary, or repairs or replacement of anv portion of the License Area or the Shopping Center are
made necessary by anv act, omission, or negligence of Licensee or its agents, employees, contractors, or assignees, then in any such event,
Licensor may make such repairs, maintenance, or replacements without liability to Licensee for any loss or damage to Licensee, its
merchandise, fixtures, or other property, or to Licensee's business by reason of such repair, maintenance, or replacement. Upon
completion of any such repair, maintenance, or replacement Licensee shall pay upon demand, as additional fees, Licensor's costs for
making such repairs, maintenance, or replacements together with Licensor's administrative costs related thereto which amount shall equal
20° o of the total cost of the repair, maintenance, or replacement. Furthermore, Licensee shall immediately notifv Licensor of anv defects
or unsafe conditions in the common areas immediately adjacent to the License Area.
12. Insurance: With respect to each License Area identified in the "Perms Chart,
(a) Licensee shall obtain and provide, on or before the earlier of the commencement of the Term or Licensee's entering the License
Area for any purpose, and keep in force at all times thereafter, the following insurance coverage's with respect to the License Area at
Licensee's sole cost and expense: (i) Commercial General Liability Insurance, with contractual liability endorsement, relating to the
License Area and its appurtenances on an occurrence basis with a combined single limit of not less than One Million Dollars
($1,000,000.00) per occurrence and Two Million Dollars ($2,000,000.00) in the aggregate for bodily injury, death and property damage; (ii)
Property Insurance, and such other coverage's as Licensor may reasonably elect to require in an amount adequate to cover the
replacement cost of all personal property, decorations, trade fixtures, furnishings, equipment, and all contents therein; (iii) Business
Interruption Insurance covering chose risks referred to in (ii) above in an amount equal to all Nlinimum Annual Rent and other sums
payable under this agreement for a period of twelve (12) months commencing with the date of loss; (iv) as required by the law of the State
where the License Area are located, Worker's Compensation Insurance covering all persons employed, directly or indirectly, in connection
with any finish work performed by Licensee or any repair or alteration authorized by this License or consented to by Licensor, and all
employees and agents of Licensee with respect to whom death or bodily injury claims coulci be asserted against Licensor or Licensee
with Employer's Liability Insurance with limits of not less than One Milhon Dollars $1,000,000.00 per accident or disease; (v) automobile
Liability coverage with a $1,000,000.00 combined single limit, including coverage for hired and non -owned vehicles; and (vi) such other
insurance as may be carried on the License area and Licensee's operation thereof, as may be determined by Licensor.
(b) Before undertaking any alterations, additions, improvements, or construction, Licensee shall obtain at its expense a commercial
general liability insurance policy insuring Licensee and Licensor against any liability which may arise on account of such proposed
alterations, additions, improvements, or construction on an occurrence basis urith the minimum limits set forth hereinabove.
(c) all of the aforesaid insurance shall be written by one or more A.M. Best Rated a- /VII or better insurance companies licensed in the
state where the Shopping Center is located and in form satisfactory- to Licensor and shall be written in the name of Licensee with
Licensor (and any designee(s) of Licensor) named as additional Insured, except the \Worker's Compensation Insurance required by
subparagraph (a)(iv) above for which Licensee shall not be required to name Licensor and its designees as additional Insured's. all such
insurance required in this Section 12 may be carried under a blanket policy covering each License area and anv other of Licensee's stores.
All such insurance shall contain endorsements that such insurance may not be cancelled or amended with respect to Licensor (or its
designees) except upon thirty- (30) days' prior written notice to Licensor (and any such designees) by the insurance company. Licensee
shall be solely- responsible for payment of premiums and that Licensor (or its designees) shall not be required to pay any premium for such
insurance; in the event of paymenr of any loss covered by such policy, Licensor (or its designees) shall be paid first as their interests may
appear by the insurance company for Licensor `s loss. The minimum limits of the commercial general liability policy of insurance shall in
no way limit or diminish Licensee's liability hereunder. Licensee shall deliver to Licensor at least fifteen (15) days prior to the time such
insurance is first required to be carried by Licensee, and thereafter at least fifteen (15) days prior to the expiration of such policy, either a
stamped certified true duplicate original or a certificate of insurance on all policies procured by Licensee in compliance with its obligations
hereunder, together with evidence satisfactory to Licensor of the payment of the premiums therefor. If Licensee fails to obtain and
provide any or all of the aforesaid insurance, then Licensor may, but shall not be required to, purchase such insurance on behalf of
Licensee and add the cost of such insurance as additional rent payable with the next installment of Nlinimum Fec(s).
(d) Licensor shall not be liable for any damage by fire or other peril includable in the coverage afforded by an All Risk (except for those
items specifically excluded) Insurance policy, (whether or not such coverage is in effect), no matter how caused, it being understood that
the Licensee will look solely to its insurer for reimbursement. Licensee shall not be liable for any damage by fire or other peril includable
in the coverage afforded by an all Risk (except for those items specifically excluded) Insurance: policy (whether or not such coverage is in
effect), no matter how caused, it being understood that Licensor will look solely to its insurer for reimbursement.
13. Indemnity: With respect to each License area identified in the Terms Chart, starting on the date Licensee first uses or occupies the
License area, Licensee shall defend, indemnify and hold harmless Licensor, its managers, parents, subsidiaries, employees and affiliates
from and against any and all liabilities, claims, actions, liens, demands, expenses, fees, fines penalties, suits, proceedings, actions, causes of
action, judgments, loss, or injury to property or persons of any and every kind resulting or occurring by reason of the construction, use, or
occupancy of the License area by Licensee, including all costs, expenses, and reasonable attorney fees. The provisions of this section shall
survive the expiration or earlier termination of this License.
14. Relocation: Licensor reserves the right to move, relocate, adjust or substitute the License area, in Licensor's sole discretion by
providing 24 hours' advance written notice of relocation. Licensor shall make reasonable efforts to do so in such a way as to be least
disruptive to Licensee's business operations.
15. Revocation and Remedies: (a) The License granted by virtue of this agreement may be revoked by Licensor in its entirety or at
Licensor's option, with respect to any License area, in Licensor's sole discretion for any reason, including, but not limited to the specific
grounds set forth in subsection (b; below, upon not less than 24 hours' notice to Licensee.
(b) If (a) Licensee fails to perform any of the terms, conditions, or covenants of this agreement; or (b) in the event there shall be filed
by, or against, Licensee in any court pursuant to any statute, either of the United States or any State, a petition (i) in bankruptcy, (ii)
alleging insolvency-, (iii) reorganization, (iv) appointment of a receiver, (v) any arrangement of the bankruptcy acts, or a similar type of
proceeding; or (c) Licensee fails to pay, when due, any payment required hereunder; or (d) Licensee abandons or vacates a License area;
or (e) in the event of any other default by Licensee under this agreement or any other agreement between Licensee (or any affiliate of
Licensee) and Licensor (or any affiliate of Licensor); then in any such event Licensee's rights hereunder shall cease and, Licensor may
at its option (1) immediately revoke and terminate this agreement with respect to any or all License areas identified in the Terms Chart,
and upon demand Licensee agrees to immediately surrender possession of the License area in question to the Licensor; and /or (2) make
demand for immediate payment of all current and future fees and any other monetary obligations due hereunder; and,, or (3) re -enter the
License area and remove all persons and /or any property therefrom, by any suitable action or proceeding at law.
(c) Upon service of the notice of revocation from Licensor, Licensee shall (i) remove all of Licensee's property, including, but not
limited to inventors' and trade f: <tures from Licensor's premises within the time period set forth in the notice; (ii) upon demand of
Licensor, pay all current and future charges due under this Agreement; (iii) reimburse Licensor for all reasonable attorney fees and court
costs incurred as the result of Licensor enforcing its rights under this agreement. Licenser's rights and remedies under this Agreement
are cumulative. All rights and remedies of Licensor herein or at law and in equity are cumulative. With respect to any litigation arising out
of this agreement, Licensee hereby expressly waives the right to a trial by jury and the right to file noncompulsory countersuit or
crossclaim against Licensor_
(d) Licensee shall not be entitled to reimbursement or compensation for any purported claim, cost, fee, charges, damages or losses
sustained as the result of any revocation by Licensor.
16. Obligation upon Expiration: For each License Area identified in the Terms Chart, upon the Expiration Date or earlier revocation
of this Agreement, Licensee shall immediately remove all of Licensee's property, including, but not limited to inventory and trade
fixtures, repair any damage caused by such removal and peaceably yield up the License Area clean and in good order, repair and condition.
If Licensee shall fail to do so, Licensor shall be entitled to additional fees equivalent to 125% of the total Minimum Fee specified herein,
assessed in daily increments as 1/30th of the total monthly amount. Licensee shall also reimburse Licensor for any court costs and
reasonable attorney fees incurred as the result of Licensee's failure to vacate the License Area upon the Expiration Date. Personal
property of Licensee not removed within two 2 days of such Expiration Date or earlier revocation shall become the property of Licensor,
at Licensor's option without liability to Licensee therefore. If Licensee has the right to use and occupy a License Area for multiple
periods of time, then Licensee's obligations and Licensor's rights in this Section 16 shall apply as to each End Date.
17. Liability of Licensor: There shall be no personal liability of Licensor with respect to this Agreement. If a breach by Licensor
occurs, Licensee shall look solely to the equity of Licensor in the Shopping Center for the satisfaction of Licensee's remedies. Licensor
shall not be responsible or liable for, and Licensee hereby expresslv waives, all claims against Licensor for injury to persons or damage to
Licensee's property on the License Area, regardless of the cause. Licensee's property in the License Area or the Shopping Center shall
be there at Licensee's sole risk. Licensor, its agents, and employees shall not be liable for, and Licensee waives, all claims for Loss or
damage to Licensee's business or damage to person or property sustained by Licensee or any person claiming by, through or under
Licensee resulting from any accident or occurrence in, on, or about the License Area or any other part of the Shopping Center, including,
without limitation, claims for loss, theft, or damage resulting from fire, explosion, falling plaster, steam, gas, electricity, water, rain, snow, or
leaks from any part of the License Area, or any other part of the Shopping Center or from the pipes, appliances, or plumbing or from the
roof, street, or subsurface or from any other place or by dampness or by any other cause of whatsoever nature, or by any act, omission, or
negligence of other licensees or any other persons or occupants of the Shopping Center or of adjoining or contiguous buildings, of owners
of adjacent or contiguous property, or the public, or by operations in the construction of any private, public, or quasi -public work; or any
other cause of any nature. To the maximum extent permitted by law, Licensee agrees to use and occupy the License Area, and to use such
other portions of the Shopping Center as Licensee is herein given the right to use, at Licensee's own risk.
18. Subordination; Definition of Licensor: Licensor is or may be a parry to certain documents, as amended from time to time, with a
ground lessor, mortgagee or beneficiary of Licensor, department stores, mall tenants, and others. This _agreement is subject and
subordinate to all the provisions in those documents, as amended from time to time. The term "Licensor" means only the owner, or
mortgagee in possession for the time being of the building in which the License Area is located or the owner of a leasehold interest in said
building and /or the land thereunder so that in the event of sale of said building and /or an assignment of this Agreement by Licensor,
and /or a demise of said building and/or the land, Licensor shall be and hereby is entirely freed and relieved of all obligations of Licensor
hereunder and it shall be deemed without further agreement between the parties and such purchaser(s), assignee(s), or tessee(s) that the
purchaser, assignee, or lessee has assumed and agreed to observe and perform all obligations of Licensor hereunder. Furthermore, it is
specifically understood and agreed that Licenser's rights, privileges, duties, and obligations may be administered by Licensee's designee,
including, but not limited to, Licensor's agent, and that such designee shall have the full authority of Licensor hereunder to perform all of
Licensor's functions hereunder including, but not limited to, the execution of this Agreement and any other related documentation.
19. Notices: WThenever in this Agreement it shall be required or permitted that notice be given or served by either party to this
Agreement or on the other, such notice, shall be given or served, and shall not be deemed to have been duly given or served unless in
writing and forwarded by certified or registered mail or nationally recognized overnight courier, addressed to the parties at the addresses set
forth above. Either party may change such address by written notice sent as required in the foregoing sentence. Licensor may also provide
notice to Licensee by personally delivering such notice to the Licensed Area.
20. Assignment and Subletting: Licensee shall not sell, assign, mortgage, pledge or transfer this License or any interest therein nor sublet
all or any part of the License Area, nor license concessions or departments therein, without Licensor's prior written approval, which may
be withheld or granted in Licensor'-, sole and absolute discretion, for anv reason or no reason whatsoever.
21. Non - Waiver Provision: The failure of Licensor to insist upon performance of any of the terms, conditions, and covenants hereof
shall not be deemed to be a waiver of any rights or remedies that Licensor may have and shall not be deemed a waiver of any subsequent
breach or default in the terms, conditions, and covenants herein contained.
22. Binding Agreement: 'I his Agreement contains all the covenants, promises, agreements, conditions, and understandings between
Licensor and Licensee. There are no other, either oral or written, between them other than those set forth in this Agreement. This
Agreement may not be modified in any manner other than by a written agreement signed by Licensee and Licensor, or any successor,
designee, or assignee of Licensor. The terms, conditions and covenants set forth herein shall inure to the benefit of and be binding upon
Licensee and Licensor, or anv successor, designee or assignee of Licensor.
23. Confidentiality: Licensee and its agents and employees shall keep and hold in strict confidence all of the terms of this Agreement
including, but not limited to, the amount and /or manner of payment of fees and all items of additional charges and the formulations
thereof, the use of the License Area, the duration of the license, and all other terms and conditions herein.
24. OFAC Representation: Licensee hereby represents and warrants to Licensor that Licensee is not, and shall not become, a person
or entity with whom Licensor is restricted from doing business with under regulations of the Office of Foreign _asset Control ( "OFaC ")
of the Department of the Treasury (including, but not limited to, those named on OF_1C's Specially Designated and Blocked Persons list)
or under anv statute, executive order (including, but not limited to, the September 24, 2001, Executive Order Blocking Property and
Prohibiting Transactions With Persons Who Commit, Threaten to Commit, or Support Terrorism), or other governmental action
(collectively, "OF_'�C -s Regulations ") and is not and shall not engage in any dealings or transaction or be otherwise associated with such
persons or entities. Licensor hereby represents and warrants to Licensee that Licensor is not, and shall not become, a person or entity
with whom Licensee is restricted from doing business with under OFAC's Regulations and is not and shall not engage in any dealings or
transaction or be otherwise associated with such persons or entities
25. Counterparts: This Agreement may be executed in multiple counterparts, each of which, when so executed, shall be deemed an
original, all of which shall together constitute one and the same agreement, shall be binding on the signatories, and the signature of any
party to ariv counterpart shall be deemed a signature to, and may be appended to any other counterpart. Photocopies, facsimile signatures,
or signatures sent via portable document format (PDF), shall be deemed as valid as an original.
26. Rider and Exhibits to Agreement: Certain Exhibits and Rider are attached to this Agreement and are hereby made a part hereof.
Any conflict or inconsistency between the terms of the main body of this agreement and the terms of the Exhibits or Rider shall be
resol=ed in favor of the terms of the Rider or Exhibits.
IN WITNESS WHEREOF, the parties have executed this agreement on the day and year first above written, each acknowledging receipt
of an executed copy hereof.
LICENSOR:
PARKDALE MALL CMBS, LLC, a Delaware limited liability
company
by CBL & associates Management, Inc., its managing agent
By:
Print Name:
Its:
Date:
LICENSEE:
City of Beaumont
By:
Print Name:
Its:
Date:
RIDER TO LICENSE AGREEINIENT
Revised: 4/18/2014
Project #: 100 -451
Deal Type: Inhne
Per Section 26 of the License Agreement (the "Agreement "), any conflict or inconsistency between the terms of the main body
of the Agreement shall be resolved in favor of the terms of the Rider or Exhibits.
Addendum to License Agreement between the City of Beaumont and Parkdale Mall
18. The Following Paragraphs of the License Agreement between the City of Beaumont and Parkdale Mall are
deleted and are inapplicable: Paragraph 5 (Utilities), Paragraph 12 (Insurance), Paragraph 13 (Indemnity),
Paragraph 23 (Confidentiality). The City of Beaumont will provide a letter of self - insurance upon request.
19. The minimum fee end date set forth in Section 4 will be December 30, 2014.
20. The Liquidated damages provision in Paragraph 10 is deleted and is inapplicable.
21. The relocation provision in Paragraph 14 is amended so as to provide 30 days advanced written notice to
Licensee of relocation, instead of 24 hours written notice. Further, since Licensee has already expended
substantial funds making required construction upgrades to the currently occupied leased space, Paragraph 14
is amended so as to provide that any relocation of Licensee will be to a comparable space which will not
necessitate Licensee making any further or similar construction upgrades.
Exhibit B
Rules and Re lgu ations
Licensee shall use and occupy the License Area in a careful, safe and proper manner and shall keep the License area in a clean and safe
condition in accordance with this License, local ordinances, and the directions of public officers. Licensee shall comply with all rules,
regulations and instructions of Licensor, including, without limitation, the following:
(1) All signage located in and upon the License Area shall be approved by Licensor prior to installation or placement. All signs,
placards, banners, pennants, or othher advertising matter shall be prepared in a professional manner and in no event shall be handwritten.
Licensee shall display an approved sign depicting its approved trade name.
(2) Licensee shall not display merchandise on or outside the boundaries of the License Area. The outside areas immediately
adjoining the License Area shall be kept clear at all times by Licensee, and Licensee shall not place nor permit anv obstructions, garbage,
refuse, merchandise, or displays, o., racks, in such areas.
(3) All loading and unloading of goods shall be done only at such times, in the areas, and through the entrances designated for that
purpose by Licensor.
(4) All garbage and refuse shall be kept in the kind of container specified by Licensor, and shall be placed and prepared for
collection in the manner and at the times and places specified by Licensor. If Licensor shall provide or designate a service for picking up
refuse and garbage, Licensee shall use same at Licensee's cost. Licensee shall pay the cost of removal of any of Licensee's refuse and
garbage, and maintain all common loading areas in a clean manner satisfactory- to the Licensor. Licensee shall use any trash compactor
Licensor provides for the general use of Licensee or licensees in a designated area of the Shopping Center. Notwithstanding the
foregoing provision, if Licensee qualifies as a generator of medical waste, then Licensee shall be solely responsible for causing
compliance with all federal, state and local laws, whether existing now or established in the future, relating in am- way to the storage,
containment, treatment, transfer, transportation and disposal of medical waste (including the use of licensed medical waste management
companies), and shall hold Licensor harmless for Licensee's noncompliance or violations thereof. For purposes hereof, "medical waste"
means any solid, semisolid or liquid waste, which is generated in the diagnosis, treatment (e.g., provisions of medical services) or
immunization of human beings or animals, in research pertaining thereto, or in the production or testing of biologicals. "Generator"
means any person or entity whose act or process produces medical waste as hereinbefore defined.
(5) No loudspeakers, televisions, phonographs, cd players, DVD players, cassette players, radios, flashing lights, or other devices shall
be used in a manner so as to be heard or seen outside of the License Area. No electronic or communication devices shall be used in the
License Area or in connection therewith which interrupt or interfere with the use and enjoyment of electronic or communication devices
of other occupants of the Shopping Center or of the neighborhood in which the Shopping Center is located.
(6) Licensee shall not conduct or permit any fire, bankruptcy, relocation, liquidation, retirement, moving, auction, or "going out of
business" sale (whether real or fictitious) in the License Area, or utilize any unethical method of business operation. Licensee shall not use
the License Area as a clearance, outlet or wholesale center.
(7) Licensee shall not carry on any trade or occupation or operate any instrument or equipment, which emits an odor or causes a
noise discernible outside of the License Area.
(8) Licensee shall not distribute any handbills or other advertising matter in the Shopping Center or on automobiles parked in the
parking areas of the Shopping Center.
(9) Licensee and Licensee's employees shall not park their cars in those portions of the parking area designated for customer
parking by Licensor. If Licensee or Licensee's employees' park in portions of the parking area designated for customer parking,
Licensor may, in addition to its other remedies, have such cars removed at Licensee's expense.
(10) Licensee and Licensee's employees shall maintain a neat and appropriate appearance and dress, and are expected to operate in
a dignified, ethical, manner.
(11) Licensee shall display its customer sales return policy.
(12) Licensee shall not permit loitering at the License Area.
(13) Licensee shall furnish Licensor with emergency telephone numbers and a forwarding address.
(14) Due to the lack of on -sire storage facilities, acquisition of outside storage shall be Licensee's responsibility.
(15) Licensee shall be solel,; responsible for policing its location against theft, loss, or damage to its property- and /or merchandise.
Under no circumstance shall Licensor be held liable for such theft, loss, or damage.
(16) Licensee shall not harm the License Area, commit waste, create nuisance, make any use of the License Area which is offensive
in Licensor's sole opinion, nor do anv act tending to injure the reputation of the Shopping Center. Licensee shall not make alterations or
additions to the License Area, nor permit the making of holes in the walls, partitions, ceilings, or floors, nor permit the painting or placing
of exterior signs, placards, or other advertising media, banners, pennants, awnings, aerials, antennas, or the like in or on the License .-area,
without the prior written consent of Licensor which may be withheld in Licensor's sole discretion. Licensee shall comply with all laws,
ordinances, orders, and regulations affecting the use or occupancy of the License Area.
(17) Licensee shall not violate applicable federal and state laws prohibiting the sale or display of products, which infringe on the
trademarks or copyrights of others.
In the event Licensee fails to comply with such rules and regulations or any of the other covenants set forth herein after twenty -four (24)
hours' notice from Licensor of this non - compliance (which notice may be oral or in writing), then Licensee shall pay to Licensor as
additional fees the sum of one hundred dollars ($100.00) for each violation, acceptance of such fees to be without prejudice to any other
rights or remedies available to Licensor. Each day on which a violation occurs or continues shall be a separate violation.
BEAUMONT
TEXAS
REGULAR MEETING OF THE CITY COUNCIL
COUNCIL CHAMBERS DECEMBER 16, 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 1 -3 and 5 /Consent
Agenda
* Consent Agenda
GENERAL BUSINESS
I. Consider a resolution awarding a six month contract to APAC- Texas, Inc. for the
purchase of asphaltic concrete for use in the Streets and Drainage Division
�'. Consider a resolution approving the purchase of twenty vehicles from Caldwell
Country Chevrolet of Caldwell for use in the Police Department, Fire Department and
Emergency Medical Services Division
3. Consider a resolution approving the purchase of two mini - excavators and one track
loader from Waukesha- Pearce Industries. Inc. of Port Arthur for use in the Water
Utilities Department
PUBLIC HEARING
Dangerous Structures
4. Consider an ordinance and a resolution declaring certain structures to be dangerous
structures and ordering their removal within 10 days or authorizing the property owner
to enroll the dangerous structure in a work program
COMMENTS
Councilmembers /City Manager comment on various matters
Public Comment (Persons are limited to 3 minutes)
EXECUTIVE SESSION
Consider matters related to appointment, employment, evaluation, reassignment,
duties, discipline or dismissal of a public officer or employee in accordance with
Section 551.074 of the Government Code to wit:
Ward IV City Councilmember
Consider the appointment of a resident of Ward IV to the position of Ward IV
Councilmember
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.
PUBLIC HEARING DECEMBER 16, 2014: Unsafe Substandard Structures
Consider approval of an ordinance and resolution declaring certain structures to be unsafe
substandard structures and ordering their removal within 10 days or authorizing the property
owner to enroll the unsafe structure in a work program.
308 Alabama
1755 Amelia & auxiliary buildings
1350 Avenue D
2265 Blanchette
3085 Blanchette
3066 Bolivar
7810 Broussard & auxiliary buildings
11755 Carpenter
11775 Carpenter
2008 Cartwright
1120 Center & storage
1005 Church
150 Clark
5270 Concord
2210 Delaware
930 Delmar
4550 Detroit
4880 Detroit & auxiliary buildings
2340 S. Stn
2705 Euclid
1369 Forrest
1527 Gladys & shed
3305 Glenwood
3440 Glenwood
3240 Grand
1792 Hazel & auxiliary buildings
1960 Hebert
2135 Hemlock
788 Highland
3850 Houston
685 Irma
7790 Lawrence
1058 Lee
2085 Leiper
1194 Liberty
2350 Liberty
4125 Lou
670 M L King Jr Pky
680 M L King Jr Pky
755 Maple
1355 Montrose & auxiliary building
1910 Nora
1930 Nora
7955 Old Voth Rd & auxiliary building
1655 Pauline & auxiliary building
2270 Pear
2365 Pierce (front structure & garage)
3110 Pine
1015 Pope & shed
2148 Pope
2440 Potts
3450 Pradice
2015 Primrose & shed
2525 Primrose
3340 Redwood
2925 Roberts
2605 San Jacinto
325 7th
9475 Shepherd
839 Stanton
2055 Utica & garage
675 Woodrow
December 16, 2014
Consider a resolution awarding a six month contract to APAC- Texas, Inc. for the purchase of
asphaltic concrete for use in the Streets and Drainage Division
T E X A S -°--
TO: City Council
FROM: Kyle Hayes.. City Manager
PREPARED BY: Laura Clark, Chief Financial Officer
MEETING DATE: December 16, 2014
REQUESTED ACTION: Council consider a resolution awarding a six (6) month contract to
APAC- Texas, Inc., for the purchase of asphaltic concrete in the
estimated total amount of $3,321,000.
BACKGROUND
Bids were requested from four (4) local vendors to provide a six (6) month contract for asphaltic
concrete to be used by the Streets and Drainage Division. Cold laid asphaltic concrete is used for
repairing potholes and small sections of a street, while hot laid asphaltic concrete is used for
repairs and repaving of larger street sections. It is estimated that approximately 50,000 tons of
hot laid asphaltic concrete and 2,000 tons of cold laid asphaltic concrete will be used during the
term of the contract.
Specifications requested unit pricing for both plant pickup by City personnel and job site
delivery by the vendor. Bid responses were received from two (2) vendors. APAC -Texas
submitted the low total bid. The bidder met all product requirements specified and has previously
held the contract satisfactorily.
The new pricing represents an approximate $7.23 per ton reduction in Hot Mix /Hot Laid material
and a $1.50 per ton reduction in Hot Mix /Cold Laid material.
FUNDING SOURCE
General Fund and Capital Program.
RECOMMENDATION
Approval of resolution.
Contract for Asphaltic Concrete
December 16, 2014
Page 2
Rid Tnhnlatien is as fellows:
Vendor
City / State
$3,321,000.0
APAC -TEXAS
BEAUMONT
LID Construction
Beaumont
ITEM
Qty
(Tons)
i
Price
P
Total
P nCe Total
HOT }Hf3T LAID
Plant Pickup
15000
$59.00
1 $885,000.00
$60.00
$900,000.00
Delivered
35000
$65.00
$2,275,000.0
0
$66.00
$2,310,000.0
0
NOT MIS( COLD LAID
Plant Pickup
1000
$78.00
$78,000.00
$63.00
1
$63,000.00
1
Delivered
1000
$83.00
$83,000.00
$69.00
$69,000.00
$3,321,000.0
$3,342,000.0
TOTAL BID
0
0
RESOLUTION NO.
WHEREAS, bids were solicited for a six (6) month contract for the purchase of
asphaltic concrete for use by the Public Works Department, Streets and Drainage Division;
and,
WHEREAS, APAC- Texas, Inc, of Beaumont, Texas, submitted a bid in the
estimated amount of $3,321,000 in the unit amounts shown below:
Vendor
City / State
APAC -TEXAS
BEAUMONT
LD Construction
Beaumont
ITEM
Qty
(Tons)
Unit Price
Total
Unit Price
Total
OTM/X°`HOT /D
Plant Pickup
15000
$59.06
$885,000.06
$60.06
$900,000.0
Delivered
35000
$65.061
$2,275,000,0(
$66.0
$2,370,000.0(
OT A%f %X"(ilO lAl'D
Plant Pickup
1000
$78.0
$78,000.06
$63.0
$63 000.0
elivered
1000
$83.0
$83 000.0
$69. Od
S69,000.0(
TOTAL BID 1 $3,32 7, 000.0 $3,342,000.04
and,
WHEREAS, City Council is of the opinion that the bid submitted by APAC- Texas,
Inc., of Beaumont, Texas, should be accepted;
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the statements and findings set out in the preamble to this resolution are hereby, in
all things, approved and adopted; and,
THAT the bid submitted by APAC- Texas, Inc., of Beaumont, Texas, for a six (6)
month contract for the purchase of asphaltic concrete for the Public Works Department,
Streets and Drainage Division in the estimated amount of $3,321,000 pursuant to the unit
amounts shown above be accepted by the City of Beaumont.
BE IT FURTHER RESOLVED THAT the City Manager be and he is hereby
authorized to execute a contract with APAC- Texas, Inc., of Beaumont, Texas, for the
purposes described herein.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 16th day of
December, 2014.
- Mayor Becky Ames -
2
December 16, 2014
Consider a resolution approving the purchase of twenty vehicles from Caldwell Country
Chevrolet of Caldwell for use in the Police Department, Fire Department and Emergency Medical
Services Division
NEDENVOW
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Laura Clark, Chief Financial Officer
MEETING DATE: December 16. 2014
REQUESTED ACTION: Council consider a resolution approving the purchase of twenty
(20) vehicles from Caldwell Country Chevrolet of Caldwell,
Texas in the amount of $617,500 for use in the Police Department,
Fire Department and Emergency Medical Services Division.
BACKGROUND
Eighteen (18) of the vehicles requested will replace units that are used in daily operations by the
Patrol Division. The remaining two (2) units will replace supervisory vehicles utilized in the
Fire Department and EMS Division. These vehicles are on a replacement cycle in order to keep
serviceable units available at all times and may be disposed of after replacement according to the
City's surplus property disposal policies or relocated to other divisions.
Pricing was obtained through the Texas Association of School Boards (BuyBoard), a cooperative
purchasing association providing cities and political subdivisions with the means to purchase
specialized equipment at volume pricing. BuyBoard complies with State of Texas procurement
statutes. I lie total purchase price includes the BuyBoard fee of $400 which is paid to the vendor.
Standard warranties of five (5) years or 100,000 miles are provided for each vehicle. Warranty
service is available from the local authorized dealer. Delivery is expected within sixty (60) to
ninety (90) days.
FUNDING SOURCE
Capital lZeserve Fund.
RECOMMENDATION
Approval of resolution.
Purchase of Fleet Vehicles
December 9, 2014
Page 2.
Item
Dept. or Division
Description
Qty.
Total Price
1
Police — Patrol
Chevrolet Tahoe
18
$555,390.00
2
Fire — Administration
Chevrolet Tahoe
1
$30,855.00
3
Health —EMS .Administration
Chevrolet Tahoe
1
$30,855.00
4
Buyboard Fee
$400.00
Total
$617,500.00
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF BEAUMONT:
THAT the City Council hereby approves the purchase of twenty (20) vehicles for use by the
Police Department, Fire Department and Emergency Medical Services Division from
Caldwell Country Chevrolet, of Caldwell, Texas, in the amount of $617,500 through the
Texas Association of School Boards (BuyBoard) Cooperative Purchasing Program.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 16th day of
December, 2014.
- Mayor Becky Ames -
3
December 16, 2014
Consider a resolution approving the purchase of two mini - excavators and one track loader from
Waukesha- Pearce Industries, Inc. of Port Arthur for use in the Water Utilities Department
BEAUMONT
T E X A S
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Laura Clark, Chief Financial Officer i
MEETING DATE: December 16, 2014
REQUESTED ACTION: Council consider a resolution approving the purchase of two (2)
mini - excavators, and one (1) track loader from Waukesha- Pearce
Industries, Inc. of Port Arthur in the amount of $146,044.30 for use
by the Water Utilities Department.
BACKGROUND
Both excavators and the track loader are used by Water Utilities in the maintenance and repair of
the City's water and sewer systems. The first excavator will replace unit 5141, purchased in
2001, and having 6,4 ;70 operating hours has become unfit for service due to age and wear. The
second unit is a new addition which will replace a unit that is being rented. The track loader will
also replace a rental unit. Unit 5141 will be disposed of according to the City's surplus property
disposal policies.
Pricing was obtained through the Texas Association of School Boards (BuyBoard), a cooperative
purchasing association providing cities and political subdivisions with the means to purchase
specialized equipment at volume pricing. BuyBoard complies with State of Texas procurement
statutes. The total purchase price includes the BuyBoard fee of $400 which is paid to the vendor.
Warranties of three (3) years or 5,000 hours are provided for each unit. Warranty service is
provided by the dealer.
FUNDING SOURCE
Remaining funds from financing approved by City Council in FY 2014.
RECOMMENDATION
Approval of resolution.
Purchase of Excavators and Track Loader
December 16, 2014
Page 2
Item
Dept. or Division
Description
Qty.
Total Price
1
Water Utilities
Takeuchi TB153FRCR Mini Excavator
1
59,998.95
2
Water Utilities
Takeuchi TB235CR Mini Excavator
1
43,713.95
3
Water Utilities
Takeuchi TL8RW Track Loader
1
41,931.40
4
Buyboard Fee
$400.00
Total
$146,044.30
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF BEAUMONT:
THAT the City Council hereby approves the purchase of two (2) mini - excavators and one
(1) track loader for use by the Water Utilities from Waukesha- Pearce Industries, Inc., of
Port Arthur, Texas, in the amount of $146,044.30 through the BuyBoard Cooperative
Purchasing Program.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 16th day of
December, 2014.
- Mayor Becky Ames -
PUBLIC HEARING
Dangerous Structures
December 16, 2014
Consider an ordinance and a resolution declaring certain structures to be dangerous structures and
ordering their removal within 10 days or authorizing the property owner to enroll the dangerous
structure in a work program
BEAUMONT
TEXAS
TO:
City Council
FROM: Kyle Hayes, City Manager
3
PREPARED BY: Chris Boon�Plammng & Community Development
Director
MEETING DATE: December 16, 2014
REQUESTED ACTION: City Council, after conducting a public hearing, consider an
ordinance and resolution to declare the following sixty two
(62) structures to be unsafe structures and order the owners
to raze the said structures within ten (10) days. If the
property owner fails to comply within ten (10) days, staff is
requesting City Council authorization to demolish these
structures without further notification to the property owner
or City Council action. Additionally, if the property owner
of a structure requests and is authorized by City Council to
enroll in a work program, all delinquent taxes shall be paid
in full or a payment plan shall be established prior to
enrollment in the work program. Enrollment in the work
program shall occur within ten days after the effective date
of this ordinance.
1. 308 Alabama
2. 1755 Amelia & auxiliary bldgs
3. 1350 Avenue D
4. 2265 Blanchette
5. 3085 Blanchette
6. 3066 Bolivar
7. 7810 Broussard & auxiliary bldgs
8. 11755 Carpenter
9. 11775 Carpenter
10. 2008 Cartwright
11. 1 l 20 Center & storage
12. 1005 Church
13. 150 Clark
14. 5270 Concord
H) Del, 1\\ are
I+PA)Od
my
F
4590 Detwit
I
4,XM) DG A& m I I Wr, huddill2s
P<2140
yh
2
End I I d
1
1 100 ticg
7 G I dlcki
I clvo (md
1.
3 -1 1 1 c I I )d
A0 ir'llid
6,
1 1 h/Cl ilLIN llj�tl N11](11111�s
190" Jchcrl
c I I I I o c 1,
'0
X I I , ) I I I i
�7'
3\9,H ouston
31 , 1I
790 La v.Tell ( c
'5 2 LCZ
- cl pci.
1 104 1 JhcriN
0 1 -t\
OLI
3¢Ay)
\]LK6yIrPkf
1 1, K ing Jr PkN
S M I
J »l3j3ynmmse&
auxillary buildiliIi
P'.
I Q 10 Norn
J %lWI,
44.
795:` Old Voth Rd S-, ;wxIllary bldg
4
105 Pa/ lne & auxillary bL]11(11111-1
40.
2270 Pem-
23 05 PICI-CAL' (I'l-011t StRICtI.11V 7,19110
4V
31 10 PHIC
I
10 15 popc & she
9t214K
Pope
14 PoW,
3] 0 Prad](T
0 1 Prinlrose &' shed
1.
Prilill'Osc
I R cd \\ ood
0,
2023 Robcrt«
200b ylo kicililo
%63257'
960473
ghcphcrd
\)() S1lllloll
lticl & parage
Z7 I-
0-1`_� \Voodro\N'
BACKGROUND
These structures have been inspected by the Building Codes Division and found to be unsafe
structures as defined by the City of Beaumont's Code of Ordinances, Chapter 24, Article 24.04
Unsafe Substandard Structures, Division 1, Sec. 14.04.001 of the 2009 International Property
Maintenance Code. Additionally, these structures have deteriorated to a condition that they are
no longer considered suitable for repair.
FUNDING SOURCE
Funding is available through a grant with the Southeast Texas Regional Planning Commission
and the Texas General Land Office (GLO).
RECOMMENDATION
Approval of the ordinance and resolution.
ORDINANCE NO.
ENTITLED AN ORDINANCE FINDING CERTAIN
STRUCTURES TO BE PUBLIC NUISANCES AND
ORDERING THEIR DEMOLITION AND REMOVAL OR
REPAIR; PROVIDING FOR SEVERABILITY AND
PROVIDING FOR A PENALTY.
BE IT ORDAINED BY THE CITY OF BEAUMONT:
Section 1.
That the City Council of the City of Beaumont hereby finds and declares the
buildings located at:
1. 308 Alabama
2. 1755 Amelia & auxiliary bidgs
3. 1350 Avenue D
4. 2265 Blanchette
5. 3085 Blanchette
6, 3066 Bolivar
7. 7810 Broussard & auxiliary bidgs
8. 11755 Carpenter
9. 11775 Carpenter
10.2008 Cartwright
11.1120 Center & storage
12.1005 Church
13.150 Clark
14.5270 Concord
15.2210 Delaware
16.930 Delmar
17.4550 Detroit
18.4880 Detroit & auxiliary
buildings
19.2340 S. 8th
20.2705 Euclid
21.1369 Forrest
22.1527 Gladys & shed
23.3305 Glenwood
24.3440 Glenwood
25.3240 Grand
26.1792 Hazel & auxiliary buildings
27.1960 Hebert
28.2135 Hemlock
29.788 Highland
30.3850 Houston
31.685 Irma
32.7790 Lawrence
33.1058 Lee
34.2085 Leiper
35.1194 Liberty
36.2350 Liberty
37.4125 Lou
38.670 M L King Jr Pky
39.680 M L King Jr Pky
40.755 Maple
41.1355 Montrose & auxiliary
building
42.1910 Nora
43.1930 Nora
44.7955 Old Voth Rd & auxiliary
bldg
45.1655 Pauline & auxiliary building
46.2270 Pear
I 47.2365 Pierce (front structure &
garage)
48.3110 Pine
49.1015 Pope & shed
50.2148 Pope
51.2440 Potts
52.3450 Pradice
53.2015 Primrose & shed
55.3340 Redwood
54.2525 Primrose
56.2925 Roberts
57.2605 San Jacinto
58.3257 th
59.9475 Shepherd
60.839 Stanton
61.2055 Utica & garage
62.675 Woodrow
to be public nuisances in that said buildings violate Chapter 24, Article 24.04, Section
24.04.001 of the Code of Ordinances of the City of Beaumont and are for want of
repairs, or by reason of age or dilapidated, decayed, unsafe or unsanitary condition, or
otherwise unfit for human habitation, or otherwise likely to endanger the health, safety
or general welfare of the citizens of the City.
Section 2.
In accordance with Article XVII, Section 2, of the Charter of the City of Beaumont,
Chapter 24, Article 24.04 of the Code of Ordinances of Beaumont, Texas, it is hereby
ordered that the owner or owners of the above described buildings demolish and
remove said structures within ten (10) days of the effective date of this ordinance.
If the property owner(s) fail(s) to comply within ten (10) days, Council orders that
the property be demolished without further notification to the property owners or City
Council action.
Ccr, inn Q
That if any section, subsection, sentence, clause or 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.
Ccr4inn d
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 16th day of
December, 2014.
- Mayor Becky Ames
RESOLUTION NO.
WHEREAS, sixty -two (62) structures have been inspected by the City of
Beaumont Building Codes Division and found to be unsafe structures, and,
WHEREAS, the Hurricane Ike Disaster Recovery Program requires that a
resolution be approved declaring that the structures should be demolished; and,
WHEREAS, the City Council finds the following sixty -two (62) structures to be
unsafe structures and declares them to be public nuisances and orders that the
structures be razed
1 308 Alabama
3. 1350 Avenue D
2. 1755 Amelia & auxiliary bldgs
4. 2265 Blanchette
5. 3085 Blanchette
6. 3066 Bolivar
7. 7810 Broussard & auxiliary bldgs
8. 11755 Carpenter
9. 11775 Carpenter
10.2008 Cartwright
11.1120 Center & storage
12.1005 Church
13.150 Clark
14.5270 Concord
15.2210 Delaware
16.930 Delmar
17.4550 Detroit
18.4880 Detroit & auxiliary
buildings
19.2340 S. 8th
20.2705 Euclid
21.1369 Forrest
22.1527 Gladys & shed
I
23.3305 Glenwood
24.3440 Glenwood
_
_
25.3240 Grand
26.1792 Hazel & auxiliary buildings
27.1960 Hebert
28.2135 Hemlock
29.788 Highland
30.3850 Houston
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,
31.685 Irma
32.7790 Lawrence
33.1058 Lee
34.2085 Leiper
35.1194 Liberty
36.2350 Liberty
37.4125 Lou
38.670 M L King Jr Pky
39.680 M L King Jr Pky
40.755 Maple
41.1355 Montrose & auxiliary
building
42.1910 Nora
43.1930 Nora
44.7955 Old Voth Rd & auxiliary
bldg
45.1655 Pauline & auxiliary building
46.2270 Pear
47.2365 Pierce (front structure &
garage)
49.1015 Pope & shed
48.3110 Pine
50.2148 Pope
51.2440 Potts
52.3450 Pradice
53.2015 Primrose & shed
54.2525 Primrose
55.3340 Redwood
57.2605 San Jacinto
56.2925 Roberts
58.325 7t'
59.9475 Shepherd
60.839 Stanton
61.2055 Utica & garage
62.675 Woodrow
NOW THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the statements and findings set out in the preamble to this resolution are hereby,
in all things, approved and adopted; and,
THAT the City Council finds the aforementioned sixty -two (62) structures to be
unsafe structures and declares them to be public nuisances and orders that the
structures be razed.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 16th day of
December, 2014.
- Mayor Becky Ames -
k-1
December 16, 2014
Consider the appointment of a resident of Ward IV to the position of Ward IV Councilmember
BEAUMONT
TEXAS
TO: City Council
FROM: Kyle Hayes, City Manager
MEETING DATE: December 16, 2014
REQUESTED ACTION: Council consider the appointment of a resident of Ward IV to the
position of Ward IV Councilmember.
BACKGROUND
Jamie Smith resigned from the position of Ward IV Councilmember effective December 9, 2014.
According to Article III (The City Council); Section 7 of the City Charter, "A vacancy in a ward
position, whether filled by the City Council or by election, shall be filled by a resident of the ward
in which the vacancy occurred. Vacancies in the City Council where the same do not exceed two
(2) at any one time shall be filled by a majority of the remaining members of the City Council and
the person elected shall serve for the unexpired term only."
RESOLUTION NO.
WHEREAS, Councilmember for Ward IV, Jamie Smith, submitted his letter of
resignation to the Mayor effective December 9, 2014; and,
WHEREAS, the resignation has created a vacancy in the position of Councilmember
Ward IV; and,
WHEREAS, Article III, Section 7 of the City Charter of the City of Beaumont
provides that where vacancies in the City Council do not exceed two (2) at any one time,
a majority of the remaining members of the City Council shall fill the vacancy; and,
WHEREAS, in order to fill the vacancy, the City Council has considered the
applications of those persons interested in serving for the remainder of the unexpired term;
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the statements and findings set out in the preamble to this resolution are hereby, in
all things, approved and adopted; and,
THAT the City Council of the City of Beaumont does hereby appoint
to serve for the unexpired term only of Ward IV Councilmember Jamie Smith.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 16th day of
December, 2014.
- Mayor Becky Ames -