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HomeMy WebLinkAboutPACKET MAR 08 2011 (02)RICE RTES OPPORTUNITY BEAUMON* T• E• S• A* 8 REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS MARCH 8, 2011 1:30 P.M. CONSENT AGENDA Approval of minutes — February 22, 2011 Confirmation of committee appointments Sandra Womack would be appointed as Vice Chairman of the Police Department Community Advisory Committee. The term would commence March 8, 2011 and expire March 7, 2012. (Mayor Becky Ames) A) Approve the purchase of 19 mobile computers for the Police Department B) Authorize the acquisition of properties (6420-6490 Eastex Freeway) for the Concord Road Pavement Widening Project C) Authorize the acquisition of property (0.3509 acre out of Thomas Spear Survey, Abstract No. 50) for the Concord Road Pavement Widening Project D) Authorize the acquisition of property (6085 Concord Road) for the Concord Road Pavement Widening Project E) Authorize the acquisition of property (0.0310 acre out of F. Bigner Survey, Abstract No. 1) for the Concord Road Pavement Widening Project F) Authorize the acquisition of property (5035 Concord Road) for the Concord Road Pavement Widening Project G) Authorize the acquisition of property (5065 Concord Road) for the Concord Road Pavement Widening Project H) Approve exercising an option to extend a contract for investment management services I) Approve a contract with Jefferson County for rental of election equipment and supplies for the May 14, 2011 General Election J) Authorize the City Manager to submit an application to the Texas Department of Transportation for temporary use of State of Texas right-of-way for the Gusher Marathon K) Approve a resolution to write-off uncollectible water accounts L) Authorize the acceptance of a Drainage Easement from Charles Dennings M) Authorize the City Manager to execute a one year lease agreement for use of the property at 8155 Phelan Blvd. for EMS Med No. 4 N) Approve accepting maintenance of the street, storm sewer, water and sanitary sewer improvements in Bayou Willow Parkway, Part II O) Approve an annual contract for Fire Department Uniforms RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the following appointment be made: Beginning Appointment Commission of Term Sandra Womack- Police Department Community 03/08/11 Vice Chairman Advisory Board Expiration of Term 03/07/12 PASSED BY THE CITY COUNCIL of the City of Beaumont this the 8th day of March, 2011. - Mayor Becky Ames - RICH WITH OPPORTUNITY 11 11EM ► ( T - E - X - A - S TO: FROM: PREPARED BY: MEETING DATE: REQUESTED ACTION: RECOMMENDATION City Council Agenda Item City Council Kyle Hayes, City Manager Laura Clark, Chief Financial Officer ^— March 8, 2011 Council consider approving the purchase of nineteen (19) mobile computers for the Police Department. The administration recommends approval of the purchase from Austin Ribbon and Computer Supply, of Dallas, in the amount of $80,661.65. BACKGROUND Pricing was obtained through the State of Texas Department of Information (DIR). DIR provides cities and political subdivisions with the means to purchase information technology at volume prices contracted under the procurement statutes of the State of Texas. Mobile computers in police patrol vehicles are used to receive calls for service, GPS mapping, vehicle and warrant information, and incident reporting. The current computers are nearing the end of their useful life. A total of one hundred nine (109) units need to be replaced. Ten (10) units have already been replaced, this request replaces an additional nineteen (19) units and additional grant funding is being sought for the remainder. BUDGETARYIMPACT Funding is available from a Department of Homeland Security (FEMA) Buffer Zone Protection Program Grant. There is no required match by the City. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Council hereby approves the purchase of nineteen (19) mobile computers, for use by the Police Department, from Austin Ribbon and Computer Supply, of Dallas, Texas, through the State of Texas Department of Information Resources (DIR) contract, in the amount of $80,661.65 PASSED BY THE CITY COUNCIL of the City of Beaumont this the 8th day of March, 2011. - Mayor Becky Ames - RICH WITH OPPORTUNITY r cgill T• E• X• A e S TO: City Council Agenda Item City Council FROM: Kyle Hayes, City Manager P. D' PREPARED BY: Patrick Donart, Public Works Director MEETING DATE: March 8, 2011 REQUESTED ACTION: Council consider a resolution authorizing the acquisition of property. RECOMMENDATION The Administration recommends authorizing City Council approve a resolution for the acquisition of properties for the Concord Road Pavement Widening Project. BACKGROUND As part of the Concord Road Pavement Widening Project, approximately sixty-one (6 1) parcels of land from East Lucas to Highway 105 are being acquired. The owner of the property listed below, has agreed to convey its property to the City: Parcel #58 0.3573 acre out Thomas Spear Survey, Abstract No. 50 (6420-6490 Eastex Freeway) Value: $121,000.00 Owner: GECMC 2005-C2 Eastex Freeway, LLC The acquisition of the right of way is recommended for approval by the City Manager and Public Works Director. BUDGETARYIMPACT Funds are available in the Capital Program. RESOLUTION NO. WHEREAS, an agreement has been negotiated for the acquisition of property described below and in Exhibit "A" and shown on Exhibits "B" and "C," attached hereto, for the Concord Road Pavement Widening Project: Parcel #58: 0.3573 acre out of Thomas Spear Survey, Abstract No. 50 (6420-6490 Eastex Freeway) Value: $121,000.00 Owner: GECMC 2005-C2 Eastex Freeway, LLC 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 purchase of the above described property be, and the same is, hereby approved. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 8th day of March, 2011. - Mayor Becky Ames - NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM THIS INSTRUMENT THAT TRANSFERS AN INTERST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR DRIVER'S LICENSE NUMBER. THE STATE OF TEXAS X KNOW ALL MEN BY THESE PRESENTS: COUNTY OF JEFFERSON X SPECIAL WARRANTY DEED That, GECMC 2005-C2 EASTEX FREEWAY, LLC, of the County of State of , hereinafter called GRANTOR for and in consideration of the sum of ONE HUNDRED TWENTY-ONE THOUSAND AND NO/100 ($121,000.00) DOLLARS and other good and valuable consideration, to it in hand paid by the City of Beaumont, a municipal corporation, domiciled in Jefferson County, Texas, hereinafter called GRANTEE, for the conveyance of the hereinafter described property, the receipt and sufficiency of which is hereby acknowledged and confessed, has GRANTED, SOLD and CONVEYED, subject to the reservations and exceptions hereinafter made, and by these presents does GRANT, SELL and CONVEY unto the said CITY OF BEAUMONT, P. O. Box 3827, Beaumont, Texas 77704, and to its successors and assigns forever the property described in Exhibit "A", attached hereto and made a part hereof for all purposes. GRANTOR does hereby except and reserve from this conveyance unto herself, her successors and assigns, forever, all of the oil, gas, and sulphur in and under the land herein conveyed but waives all rights of ingress and egress to the surface thereof for the purpose of exploring, developing, mining or drilling for same. This conveyance is expressly made subject to all zoning laws and to restrictions, covenants, conditions, easements and mineral and/or royalty reservations, if any, effecting the property. TO HAVE AND TO HOLD the above described premises together with all and EXHIBIT "A" singular the rights and appurtenances thereto and in any wise belonging, unto the said GRANTEE and GRANTEE'S successors and assigns, forever; and said GRANTOR binds herself and her successors and assigns to warrant and forever defend all and singular the said premises unto the said GRANTEE and GRANTEE'S successors or assigns, against every person lawfully claiming or to claim all or any part of the property, subject to the provisions stated above, when the claim is by, through, or under GRANTOR but not otherwise. EXECUTED this the day of , 2011. GECMC 2005-C2 EASTEX FREEWAY, LLC STATE OF TEXAS X COUNTY OF X This instrument was acknowledged before me on , 2011, by , its for GECMC 2005-C2 EASTEX FREEWAY, LLC, known to me to be the person and officer whose name is subscribed to the foregoing instrument and acknowledged to me that the same was the act on behalf of said GEMC 2005-C2 EASTEX FREEWAY, LLC, that he/she executed the same for the purpose and consideration expressed and in the capacity stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of , 2011. Notary Public, State of RETURN TO: City of Beaumont c/o Antoinette Hardy P. O. Box 3827 Beaumont, TX 77704 March 2009 Parcel 58 Page 1 of 6 EXHIBIT — County: Jefferson Highway: Concord Road Project Limits: East Lucas to US 96, 69, 287 PROPERTY DESCRIPTION FOR PARCEL 58 Being a 0.3573 acre (15,564 square feet) of land, situated in the Thomas Spear Survey, Abstract No. 50, out of and part of that certain called 13.38 acre tract of land having been conveyed to Parkdale Village, L.P. from SGI Beaumont -I Ltd., by deed dated March 4, 2005 and being recorded under Clerk's File No. 2005008427 of the Real Property records of Jefferson County, Texas, said 0.3573 (15,564 square feet) acre of land being more particularly described as follows; COMMENCING at the most Westerly corner of the said 13.38 acre Parkdale Village, L.P. tract and the most Southerly corner of that certain called 9.10 acre tract of land, also being identified as Tract One, having been conveyed to 6640, Inc. from Sheldon Greenburg, by deed dated February 22, 2000 and being recorded under Clerk's File No. 2000006443 of the Real Property records of Jefferson County, Texas; THENCE, NORTH 40°44'24" EAST, along the Northwesterly line of the said 13.38 acre Parkdale Village, L.P. tract and the Southeasterly line of the said 9.10 acre 6640, Inc. tract for a distance of 858.12 feet to a 5/8" iron rod with cap stamped "City of Beaumont ROW Monument" set for corner in the proposed Southwest right-of- way of Concord Road and the POINT OF BEGINNING of the parcel herein described; 1) THENCE, SOUTH 50022'31 " EAST, continuing along the Northwesterly line of the said 13.38 acre Parkdale Village, L.P. tract and the Southeasterly line of the said 9.10 acre 6640, Inc. tract for a distance of 19.31 feet to a point for corner, said corner being the North corner of the said 13.38 acre Parkdale Village, L.P. tract and the East corner of the said 9.10 acre 6640, Inc. tract, and said corner being in the existing Southwest right-of-way of Concord Road, said corner also being the beginning of a curve turning to the right having a radius of 924.93 feet and being subtended by a chord bearing SOUTH 42057'49" EAST having a chord length of 188.87 feet; 2) THENCE, SOUTHEASTERLY, along said curve for an arc length of 189.20 feet to a point for corner in the existing Southwest right-of-way of Concord Road; March 2009 Parcel 58 Page 2 of 6 EXHIBIT _ 3) THENCE, SOUTH 37006'12" EAST, along the existing Southwest right-of-way of Concord Road for a distance of 264.14 feet to a point for comer, said corner also being the beginning of a curve turning to the left having a radius of 230.00 feet and being subtended by a chord bearing SOUTH 58°33'45" EAST having a chord length of 168.28 feet; 4) THENCE, SOUTHEASTERLY, along said curve for an arc length of 172.28 feet to a point for corner in the existing Southwest right-of-way of Concord Road, said point being in the West right-of-way of Judy Lane, said point also being the most Northeasterly corner of the said 13.38 acre Parkdale Village, L.P. tract; 5) THENCE, SOUTH 16023'17" EAST, along the West right-of-way of Judy Lane for a distance of 90.35 feet to a 5/8" iron rod with cap stamped "City of Beaumont ROW Monument" set for corner in the proposed Southwest right-of-way of Concord Road, said corner also being the beginning of a curve turning to the right having a radius of 1246.00 feet and being subtended by a chord bearing NORTH 49025'02" WEST having a chord length of 214.64 feet; 6) THENCE, NORTHWESTERLY, along said curve for an arc length of 214.91 feet to a 5/8" iron rod with cap stamped "City of Beaumont ROW Monument" set for corner in the proposed Southwest right-of-way of Concord Road; 7) THENCE, NORTH 36040'32" WEST, along the proposed Southwest right-of-way of Concord Road for a distance of 52.14 feet to a 5/8" iron rod with cap stamped "City of Beaumont ROW Monument" set for corner in the proposed Southwest right-of- way of Concord Road, said corner also being the beginning of a curve turning to the right having a radius of 1240.00 feet and being subtended by a chord bearing NORTH 39038'36" WEST having a chord length of 105.81 feet; 8) THENCE, NORTHWESTERLY, along said curve for an arc length of 105.84 feet to a 5/8" iron rod with cap stamped "City of Beaumont ROW Monument" set for corner in the proposed Southwest right-of-way of Concord Road; 9) THENCE, NORTH 37°11'51" WEST, along the proposed Southwest right-of-way of Concord Road for a distance of 140.84 feet to a 5/8" iron rod with cap stamped "City of Beaumont ROW Monument" set for corner in the proposed Southwest right-of- way of Concord Road, said corner also being the beginning of a curve turning to the left having a radius of 960.00 feet and being subtended by a chord bearing NORTH 42°37'23" WEST having a chord length of 181.54 feet; March 2009 Parcel 58 Page 3 of 6 EXHIBIT _ 10)THENCE, NORTHWESTERLY, along said curve for an arc length of 181.81 feet to the POINT OF BEGINNING and containing 0.3573 acre (15,564 square feet) of land. A parcel plat of even date accompanies this property description. I, Mark W. Whiteley, Registered Professional Land Surveyor No. 3636, in the State of Texas, do hereby certify that the above field notes correctly reflect an actual survey made under my supervision and the limits, boundaries and corners are truly shown just as found at the time of the survey. Surveyed January 2009 GIVEN UNDER MY HAND AND SEAL THIS THE $ DAY OF March 2009. OF r, � n � ............ Mark W. Whiteley, RPLS #3636a}a LEGEND ■ SET 5/8' I. R. WITH CAP STAMPED 'M. W. TXDOT CONTROL MONUMENT O PARCEL NUMBER o FND PROPERTY CORNER AS NOTED 0 POWER POLE PROPOSED ROW LINE TAKING EXISTING ROW LINE ACRES PROPERTY LINE ACRES — — SURVEY LINE CALLED 9. 10 ACRES 13. 0227 TRA COpT ONE COUNTY LINE FEBRUARY'22C2000 CF. NO. 2000bO6443 OPRJC WHITELEY & ASSOCIATES' CONCORD ROAD —P.O.B. PARCEL 58 CALLED 13.38 ACRES PARKDALE VILLAGE, L.P. CFM NO. 2CH O05008427 OPRJC P.O.0 PARCEL 58 FND. 5/8" 1. RDD 1 ✓G�r PARENT TRACT N.T.S. BEARINGS. AND DISTANCES SHOWN ENCLOSED IN PARENTHESES ARE CALLED BEARINGS AND DISTANCES 1N THE DESCRIPTION OF THE PARENT TRACT. SURVEYED JANUARY 2009 A PROPERTY DESCRIPTION OF EVEN DATE ACCOMPANIES THIS PARCEL PLAT. MARK W. WHITELEY AND ASSOCIATES INCORPORATED CONSULTING ENGINEERS, SURVEYORS, AND PLANNERS "Iml P. 0. BOX 5492 3250 EASTEX FRWY. BEAUMONT, TEXAS 77726-5492 BEAUMONT, TEXAS 77703 409-892-0421 (FAX) 409-892-1346 EXISTING TAKING REMAINING ACRES ACRES/(S.F) ACRES 13. 38 PARCEL 58, 0. 3573/( 15, 564) 13. 0227 "A.. I ISI I PYA � o S 133HS 33S - 3W HOiVN o N O U U E— O Z OC)� co Lo LLJ LL. 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D. PREPARED BY: Patrick Donart, Public Works Director MEETING DATE: March 8, 2011 REQUESTED ACTION: Council consider a resolution authorizing the acquisition of property. RECOMMENDATION The Administration recommends authorizing City Council approve a resolution for the acquisition of properties for the Concord Road Pavement Widening Project. As part of the Concord Road Pavement Widening Project, approximately sixty-one (61) parcels of land from East Lucas to Highway 105 are being acquired. The owner of the property listed below, has agreed to convey his property to the City: Parcel #57 0.3509 acre out Thomas Spear Survey, Abstract No. 50 Value: $90,000.00 Owner: June Marie Badon The acquisition of the right of way is recommended for approval by the City Manager and Public Works Director. BUDGETARYIMPACT Funds are available in the Capital Program. c RESOLUTION NO. WHEREAS, an agreement has been negotiated for the acquisition of property described below and in Exhibit "A" and shown on Exhibits "B" and "C," attached hereto, for the Concord Road Pavement Widening Project: Parcel #57: 0.3509 acre out of Thomas Spear Survey, Abstract No. 50 Value: $90,000.00 Owner: June Marie Badon 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 purchase of the above described property be, and the same is, hereby approved. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 8th day of March, 2011. - Mayor Becky Ames - NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM THIS INSTRUMENT THAT TRANSFERS AN INTERST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR DRIVER'S LICENSE NUMBER. THE STATE OF TEXAS X KNOW ALL MEN BY THESE PRESENTS: COUNTY OF JEFFERSON X SPECIAL WARRANTY DEED That, JUNE MARIE BADON, of the County of Jefferson, State of Texas, hereinafter called GRANTOR for and in consideration of the sum of NINETY THOUSAND AND NO/100 ($90,000.00) DOLLARS and other good and valuable consideration, to it in hand paid by the City of Beaumont, a municipal corporation, domiciled in Jefferson County, Texas, hereinafter called GRANTEE, for the conveyance of the hereinafter described property, the receipt and sufficiency of which is hereby acknowledged and confessed, has GRANTED, SOLD and CONVEYED, subject to the reservations and exceptions hereinafter made, and by these presents does GRANT, SELL and CONVEY unto the said CITY OF BEAUMONT, P. O. Box 3827, Beaumont, Texas 77704, and to its successors and assigns forever the property described in Exhibit "A", attached hereto and made a part hereof for all purposes. GRANTOR does hereby except and reserve from this conveyance unto herself, her successors and assigns, forever, all of the oil, gas, and sulphur in and under the land herein conveyed but waives all rights of ingress and egress to the surface thereof for the purpose of exploring, developing, mining or drilling for same. This conveyance is expressly made subject to all zoning laws and to restrictions, covenants, conditions, easements and mineral and/or royalty reservations, if any, effecting the property. TO HAVE AND TO HOLD the above described premises together with all and singular the rights and appurtenances thereto and in any wise belonging, unto the said EXHIBIT "A" GRANTEE and GRANTEE'S successors and assigns, forever; and said GRANTOR binds herself and her successors and assigns to warrant and forever defend all and singular the said premises unto the said GRANTEE and GRANTEE'S successors or assigns, against every person lawfully claiming or to claim all or any part of the property, subject to the provisions stated above, when the claim is by, through, or under GRANTOR but not otherwise. EXECUTED this the day of 52011. STATE OF TEXAS X COUNTY OF JEFFERSON X This instrument was acknowledged before me on this the day of , 2011, by JUNE MARIE BADON. Notary Public, State of Texas RETURN TO: City of Beaumont c/o Antoinette Hardy P. O. Box 3827 Beaumont, TX 77704 March 2009 Parcel 57 Page 1 of 5 EXHIBIT County: Jefferson Highway: Concord Road Project Limits: East Lucas to US 96, 69, 287 PROPERTY DESCRIPTION FOR PARCEL 57 Being a 0.3509 acre (15,284 square feet) of land, situated in the Thomas Spear Survey, Abstract No. 50, out of and part of that certain called 24,743 square foot tract of land having been conveyed to June Marie Badon, As Trustee of the June Marie Badon Revocable Living Trust from June Marie Badon, by deed dated July 28, 1997 and being recorded under Clerk's File 9722295 of the Real Property records of Jefferson County, Texas, said 0.3509 (15,284 square feet) acre of land being more particularly described as follows; COMMENCING at the most Southerly corner of that certain called 5.446 acre tract having been conveyed to David Clifton Walker, Mark Douglas Walker and Roger Scott Walker, by deed dated December 8, 1995, and being recorded under Clerk's File 9536057 of the Real Property records of Jefferson County, Texas, SAVE AND EXCEPT that certain called 24,743 square -foot portion thereof heretofore conveyed by Lonnie C. Walker to June Bade by deed dated April 28, 1982, recorded in Volume 2382, Page 55 of the Deed Records of Jefferson County, Texas, said point also being in the East right of way line of Judy Lane, and from said point a 5/8" iron rod with cap stamped "M. W. Whiteley and Associates" bears NORTH 86027'48" EAST a distance of 1.67'; THENCE, NORTH 04°53'12" WEST, along the East right-of-way of Judy Lane for a distance of 99.80 feet to a point for comer; THENCE, NORTH 07°3112" WEST, continuing along the East right-of-way of Judy Lane for a distance of 100.00 feet to a point for corner; THENCE, NORTH 10°14'12" WEST, continuing along the East right-of-way of Judy Lane for a distance of 100.00 feet to a point for corner; THENCE, NORTH 12°5012" WEST, continuing along the East right-of-way of Judy Lane for a distance of 100.00 feet to a point for corner; THENCE, NORTH 16°08'12" WEST, continuing along the East right-of-way of Judy Lane for a distance of 67.47', said point being the most Southerly corner of the said Badon tract, also said point being the most Westerly corner of the said Walker tract and the POINT OF BEGINNING of the parcel herein described; March 2009 Parcel 57 Page 2 of 5 EXHIBIT 1) THENCE, NORTH 16008'12" WEST, continuing along the East right-of-way of Judy Lane for a distance of 107.54 feet to a point for corner, said comer being in the existing Southerly right-of-way of Concord Road and the most Westerly corner of said Badon tract, said corner also being the beginning of a curve turning to the left having a radius of 230.00 feet and being subtended by a chord bearing NORTH 65010'48" EAST having a chord length of 150.06 feet; 2) THENCE, NORTHEASTERLY, along said curve for an arc length of 152.86 feet to a point for corner in the existing Southerly right-of-way line of Concord Road; 3) THENCE, NORTH 4600827" EAST, along the existing Southerly right-of-way of Concord Road for a distance of 24.27 feet to a point for corner, said corner being the most Northerly corner of the said Badon tract, said corner also being the most Westerly corner of that certain called 0.31 acre tract of land having been conveyed to Harvey Night and wife, Betty J. Night from Robert S. Sawyer by deed dated January 13, 1981 and being recorded under Volume 2289 Page 59 of the Deed Records of Jefferson County, Texas; 4) THENCE, SOUTH 43044'12" EAST, along the Northesterly line of the said Badon tract and the Southwesterly line of the said Night tract for a distance of 35.77 feet to a 5/8" iron rod with cap stamped "City of Beaumont ROW Monument" set for corner in the proposed East right-of-way line of Concord Road; 5) THENCE, SOUTH 31056'02" WEST, along the proposed East right-of-way line of Concord Road for a distance of 112.49 feet to a 5/8" iron rod with cap stamped "City of Beaumont ROW Monument" set for corner in the proposed East right-of-way line of Concord Road; 6) THENCE, SOUTH 13003'58" EAST, along the proposed East right-of-way line of Concord Road for a distance of 34.67 feet to a 5/8" iron rod with cap stamped "City of Beaumont ROW Monument" set for corner in the proposed East right-of-way line of Concord Road, said point being in the South line of the said Badon tract and also in the North line of the said Walker tract; 7) THENCE, NORTH 43048'38" WEST along the South line between the said Badon tract and the North line of the said Walker tract for a distance of 100.84 feet to the POINT OF BEGINNING and containing 0.3509 acre (15,284 square feet) of land. March 2009 Parcel 57 Page 3 of 5 EXHIBIT A parcel plat of even date accompanies this property description. I, Mark W. Whiteley, Registered Professional Land Surveyor No. 3636, in the State of Texas, do hereby certify that the above field notes correctly reflect an actual survey made under my supervision and the limits, boundaries and comers are truly shown just as found at the time of the survey. Surveyed January 2009 GIVEN UNDER MY HAND AND SEAL THIS THE Mark W. Whiteley, RPLS #3636 -,`,� DAY OF March 2009. LEGEND ■ SET 5/8' I. R. WITH CAP STAMPED 'M. W. WHITELEY & ASSOCIATES' `cc RD TXDOT CONTROL MONUMENT U CALLED 0.31 ACRES HARVEY NIGHT ET UX JANUARY 13 1981 xx PARCEL NUMBER CALLED 5.446 ACRES VOL. 2289 �G. 59 DAVID CLIFTON WALKER MARK DOUGLAS WALKER DRJC O FND PROPERTY CORNER AS NOTED TING ::: EXIS CF. NO. 9536057 POWER POLE CONCORD ROAD \ P.O.0 PARCEL SSB CALC. CORNER PROPOSED ROW LINE EXISTING ROW LINE PROPERTY LINE — SURVEY LINE COUNTY LINE NOTES: 1LLED 24,743 SQ.FT UNE MARIE BADON -JULY 28, 1997 CF. NO. 9722295 OPRJC P.O.B.J 58 PARCEL 55A SRO cONCO,QO `cc RD 0. 568 U 0. 2171 m CALLED 5.446 ACRES S&E 24,743 SQ. FT. DAVID CLIFTON WALKER MARK DOUGLAS WALKER ROGER SCOTT WALKER DECEMBER 8, 1995 CF. NO. 9536057 OPRJC FND 5j8" I. ROD P.O.0 PARCEL SSB CALC. CORNER W/ MWW CAP BEARS N86'27'48"E 1.67' PARENT TRACT N.T.S. EXISTING AND REMAINING AREAS SHOWN ARE APPROXIMATE. ALL BEARINGS SHOWN ARE BASED ON THE TEXAS STATE PLANE COORDINATE SYSTEM, SOUTH CENTRAL ZONE, NORTH AMERICAN DATUM OF 1983 (NAD 83), 1,993 ADJUSTMENT. ALL DISTANCES AND COORDINATES SHOWN ARE SURFACE AND MAY BE CONVERTED TO GRID BY DIVIDING BY A COMBINED ADJUSTMENT FACTOR OF . BEARINGS AND DISTANCES SHOWN ENCLOSED IN PARENTHESES ARE CALLED BEARINGS AND DISTANCES IN THE DESCRIPTION OF THE PARENT TRACT. SURVEYED JANUARY 2009 A PROPERTY DESCRIPTION OF EVEN DATE ACCOMPANIES THIS PARCEL PLAT. MARK W. WHITELEY`-� AND ASSOCIATES INCORPORATED CONSULTING ENGINEERS, SURVEYORS, AND PLANNERS P. 0. BOX 5492 3250 EASTEX FRWY. BEAUMONT, TEXAS 77726-5492 BEAUMONT, TEXAS 77703 409-892-0421 (FAX) 409-892-1346 EXHIBIT "B" EXISTING TAKING REMAINING ACRES ACRES/(S.F.) ACRES 0. 568 PARCEL 57, 0. 3509/(15, 284) 0. 2171 PARCEL PLAT SHOWING PARCEL 57 CONCORD ROAD JEFFERSON COUNTY SCALE 1 " = 50' MARCH 2009 SHEET 4 OF 5 w0000��'r"i� r � Z X W� � oo,n M ~ 0' H Qr O Q W CD co C7 co rrjC=� '), M CO CDz>-"o M z 'O O O O d N =D O Q O) O O O � c}- u) �t N 0 0 0 0 0 N n n D U z O J U Win;- 4-o00ao n �oO\s- O mj tet- O N ca �o ^) ;n zzzzzzv v) W J J J J J J J J J 9j „tib,�0.85 „0„ 1181HX3 L~i Z,.n �Ml--(n Q m N MmMN I� W " � of N< 60 J Jz�� U .lbM d�la 61� Z<S.1 / cnWW� WYYWLC) r OfJJJ6)� Q�QQCr ��`-coo r�oZN 00 LC) U 14:L Of 0') --D U)�U�W CL DUCD OO � W /Q>of U MM Of cload g, f- m ry 0o in co +) � � L Q, + M (U Lr) b�\Y �J i O Ob0� S 'N OJ�O 0 3„8t,0 L.99N ONI?IV38 a�JOHO w z J W Q m INI 0 n 0 Of CL r � Z X W� � oo,n M ~ 0' H Qr O Q W CD co C7 co rrjC=� '), M CO CDz>-"o M E—O El— z Q � a f�J�Z � LL p, U =D O OSLOOv w 0 9j „tib,�0.85 „0„ 1181HX3 L~i Z,.n �Ml--(n Q m N MmMN I� W " � of N< 60 J Jz�� U .lbM d�la 61� Z<S.1 / cnWW� WYYWLC) r OfJJJ6)� Q�QQCr ��`-coo r�oZN 00 LC) U 14:L Of 0') --D U)�U�W CL DUCD OO � W /Q>of U MM Of cload g, f- m ry 0o in co +) � � L Q, + M (U Lr) b�\Y �J i O Ob0� S 'N OJ�O 0 3„8t,0 L.99N ONI?IV38 a�JOHO w z J W Q m INI 0 n 0 Of CL Cn DOQf O W o a, [S] rn a � o +_ �Lr) o -CD CD o Cr NCOCDLn�CXR U Qr�pt-coc0 J M _O Lo m CD U I')c 0 L O aYF-JUn ,90'09 L 99*Z9 L ,00'0SZ l3 H1ON3� a2JOH0 H1ON3� O�Jd Sn10d�1 3n�n0 r � Z m o O � O N U = U E—O El— z Q � a � LL p, U LL. L.Li O Lr) w 0 w C/') z a o O U z O J U Cn DOQf O W o a, [S] rn a � o +_ �Lr) o -CD CD o Cr NCOCDLn�CXR U Qr�pt-coc0 J M _O Lo m CD U I')c 0 L O aYF-JUn ,90'09 L 99*Z9 L ,00'0SZ l3 H1ON3� a2JOH0 H1ON3� O�Jd Sn10d�1 3n�n0 RICH WITH OPPORTUNITY r I T• E• X• A 0 S I�1 City Council Agenda Item City Council FROM: Kyle Hayes, City Manager O• PREPARED BY: Patrick Donart, Nblic Works Director MEETING DATE: March 8, 2011 REQUESTED ACTION: Council consider a resolution authorizing the acquisition of property. RECOMMENDATION The Administration recommends authorizing City Council approve a resolution for the acquisition of properties for the Concord Road Pavement Widening Project. �l�IiiJ�I7 As part of the Concord Road Pavement Widening Project, approximately sixty-one (61) parcels of land from East Lucas to Highway 105 are being acquired. The owner of the property listed below, has agreed to convey his property to the City: Parcel #53A & 53B 0.0907 acre out F. Bigner Survey Abstract No. 1 (6085 Concord Road) Value: $12,000.00 Owner: New Hope Primitive Baptist Church The acquisition of the right of way is recommended for approval by the City Manager and Public Works Director. BUDGETARYIMPACT Funds are available in the Capital Program. ED RESOLUTION NO. WHEREAS, an agreement has been negotiated for the acquisition of property described below and in Exhibit "A" and shown on Exhibits "B" and "C" & described in Exhibit "D" and shown on Exhibits "E" and "F" attached hereto, for the Concord Road Pavement Widening Project: Parcel #53A & 5313: 0.0907 acre out of F. Bigner Survey, Abstract No. 1 (6085 Concord Road) Value: $12,000.00 Owner: New Hope Primitive Baptist Church 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 purchase of the above described property be, and the same is, hereby approved. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 8th day of March, 2011. - Mayor Becky Ames - NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM THIS INSTRUMENT THAT TRANSFERS AN INTERST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR DRIVER'S LICENSE NUMBER. THE STATE OF TEXAS X KNOW ALL MEN BY THESE PRESENTS: COUNTY OF JEFFERSON X SPECIAL WARRANTY DEED That, NEW HOPE PRIMITIVE BAPTIST CHURCH, of the County of Jefferson, State of Texas, hereinafter called GRANTOR for and in consideration of the sum of TWELVE THOUSAND AND NO/100 ($12,000.00) DOLLARS and other good and valuable consideration, to it in hand paid by the City of Beaumont, a municipal corporation, domiciled in Jefferson County, Texas, hereinafter called GRANTEE, for the conveyance of the hereinafter described property, the receipt and sufficiency of which is hereby acknowledged and confessed, has GRANTED, SOLD and CONVEYED, subject to the reservations and exceptions hereinafter made, and by these presents does GRANT, SELL and CONVEY unto the said CITY OF BEAUMONT, P. O. Box 3827, Beaumont, Texas 77704, and to its successors and assigns forever the property described in Exhibit "A", attached hereto and made a part hereof for all purposes. GRANTOR does hereby except and reserve from this conveyance unto herself, her successors and assigns, forever, all of the oil, gas, and sulphur in and under the land herein conveyed but waives all rights of ingress and egress to the surface thereof for the purpose of exploring, developing, mining or drilling for same. This conveyance is expressly made subject to all zoning laws and to restrictions, covenants, conditions, easements and mineral and/or royalty reservations, if any, effecting the property. TO HAVE AND TO HOLD the above described premises together with all and EXHIBIT "A" singular the rights and appurtenances thereto and in any wise belonging, unto the said GRANTEE and GRANTEE'S successors and assigns, forever; and said GRANTOR binds herself and her successors and assigns to warrant and forever defend all and singular the said premises unto the said GRANTEE and GRANTEE'S successors or assigns, against every person lawfully claiming or to claim all or any part of the property, subject to the provisions stated above, when the claim is by, through, or under GRANTOR but not otherwise. EXECUTED this the day of , 2011. NEW HOPE PRIMITIVE BAPTIST CHURCH Jan McCall Mary Ann Sirmens David Blackshear Luke McCall Mitchell McCall ACKNOWLEDGEMENTS STATE OF TEXAS X COUNTY OF JEFFERSON X This instrument was acknowledged before me on this the MCCALL. STATE OF TEXAS X COUNTY OF JEFFERSON X This instrument was acknowledged before me on this the MARY ANN SIRMENS. STATE OF TEXAS X COUNTY OF JEFFERSON X This instrument was acknowledged before me on this the DAVID BLACKSHEAR. day of , 2011, by JAN Notary Public, State of Texas day of , 2011, by Notary Public, State of Texas day of , 2011, by Notary Public, State of Texas STATE OF TEXAS X COUNTY OF JEFFERSON X This instrument was acknowledged before me on this the day of , 2011, by LUKE MCCALL. STATE OF TEXAS X COUNTY OF JEFFERSON X This instrument was acknowledged before me on this the MITCHELL MCCALL. RETURN TO: City of Beaumont c/o Antoinette Hardy P. O. Box 3827 Beaumont, TX 77704 Notary Public, State of Texas day of , 2011, by Notary Public, State of Texas June 2009 Parcel 53A Page 1 of 4 EXHIBIT County: Jefferson Highway: Concord Road Project Limits: East Lucas to US 96, 69, 287 PROPERTY DESCRIPTION FOR PARCEL 53A Being a 0.0259 acre (1,129 square feet) of land, situated in the F. Bigner Survey, Abstract No. 1, out of and part of that certain tract of land having been conveyed to New Hope Primitive Baptist Church of Beaumont, Texas from N. M. Harris by deed dated September 18, 1930 and being recorded under Volume 348 Page 444 of the Deed Records of Jefferson County, Texas, said 0.0259 (1,129 square feet) acre of land being more particularly described as follows; COMMENCING at a 5/8" iron rod found for a Southeasterly exterior ell corner of the said New Hope Primitive Baptist Church of Beaumont, Texas tract, and a interior ell corner of that certain called 0.75 acre tract of land, also being identified as Tract No. 1, having been conveyed to Richard E. Bonura from D. R. Barry by deed dated May 10, 1960 and being recorded under Volume 1213 Page 89 of the Deed Records of Jefferson County, Texas, said point also being in the Northeasterly line of the abandoned T&NO RR right-of-way; THENCE, NORTH 02°26'03" WEST along the boundary line between the said New Hope Primitive Baptist Church of Beaumont, Texas tract and the said 0.75 acre Bonura tract for a distance of 190.21 feet to a 5/8" iron rod with cap stamped "City of Beaumont ROW Monument" set for corner in the proposed Southwest right-of-way line of Concord Road and the POINT OF BEGINNING of the parcel herein described; 1) THENCE, NORTH 53023'49" WEST, along the proposed Southwest right-of-way line of Concord Road for a distance of 44.66 feet to a 5/8" iron rod with cap stamped "City of Beaumont ROW Monument" set for corner in the proposed Southwest right- of-way line of Concord Road, said corner being in the Northwest line of the said New Hope Primitive Baptist Church of Beaumont, Texas tract and in the Southeast line of the remainder of that certain called 0.545 acre tract of land having been conveyed to The Texas National Bank of Beaumont from T. H. Bowers and Mabel G. Bowers by .deed dated October 15, 1935 and being recorded under Volume 406 Page 75 of the Deed Records of Jefferson County, Texas; June 2009 Parcel 53A Page 2of4 EXHIBIT — 2) THENCE, NORTH 33057'58" EAST along the boundary line of the said New Hope Primitive Baptist Church of Beaumont, Texas, and the remainder of the said 0.545 acre The Texas National Bank of Beaumont tract for a distance of 37.20 feet,to point for corner in the existing Southwest right-of-way line of Concord Road, said corner being the most Easterly corner of the remainder of the said 0.545 acre The Texas National Bank of Beaumont tract, also said corner being the most Northerly corner of the said New Hope Primitive Baptist Church of Beaumont, Texas tract; 3) THENCE, SOUTH 52°18'17" EAST, along the existing Southwest right-of-way line of Concord Road for a distance of 16.50 feet to a 1 1/2" iron pipe found for corner, said corner being the Northeast corner of the said New Hope Primitive Baptist Church of Beaumont, Texas and also said corner being the Northwest corner of the said 0.75 acre Bonura tract; 4) THENCE, SOUTH 02026'03" EAST, along the boundary line between the said New Hope Primitive Baptist Church of Beaumont, Texas tract and the said 0.75 acre Bonura tract for a distance of 47.44 feet to the POINT OF BEGINNING and containing 0.0259 acre (1,129 square feet) of land. A parcel plat of even date accompanies this property description. I, Mark W. Whiteley, Registered Professional Land Surveyor No. 3636, in the State of Texas, do hereby certify that the above field notes correctly reflect an actual 'survey made under my supervision and the limits, boundaries and corners are truly shown just as found at the time of the survey. Surveyed February 2009 GIVEN UNDER MY HAND AND SEAL THIS THEI-4DAY OF JUNE 2009. Mark W. Whiteley, RPLS #3636 LEGEND ■ SET 5/8' I. R. W I TH CAP STAMPED " C I TY OF BEAUMONT ROW MONUMENT" 0 TXDOT CONTROL MONUMENT xz PARCEL NUMBER 0 FND PROPERTY CORNER AS NOTED • POWER POLE PARENT TRACT PROPOSED ROW LINE N.T.S. EXISTING ROW LINE PROPERTY LINE CO~Co,�,9 ROAD SURVEY LINE COUNTY LINE REMAINDER OF 53A P. 0. B. CALLED 0.545 ACRES PARCEL 53A THE TEXAS NATIONAL BANK OF BEAUMONT OCVOB4065PG175 TRACT CALLED 0. 5 ACRES DRJC - NEW HOPE PRIMITIVE RICHARD E BONURA BAPTIST CHURCH MAY 10, 1960 SEPTEMBER 18, 1930 VOL 1213 PG 89 VOL 348 PG 444 DRJC DRJC q �NF� OF P.O.0 PARCEL 53A- FND. 5/8" 1. RDD F. BIGNER SURVEY ABSTRACT NO. 1 BEARINGS AND DISTANCES SHOWN ENCLOSED IN PARENTHESES ARE CALLED BEARINGS AND DISTANCES IN THE DESCRIPTION OF THE PARENT TRACT. SURVEYED FEBRUARY 2009 A PROPERTY DESCRIPTION OF EVEN DATE ACCOMPANIES THIS PARCEL PLAT. 0 MARK W. WHITELEY AND ASSOCIATES INCORPORATED CONSULTING ENGINEERS, SURVEYORS, AND PLANNERS P. 0. BOX 5492 3250 EASTEX FRWY. BEAUMONT, TEXAS 77726-5492 BEAUMONT, TEXAS 77703 409-892-0421 (FAX) 409-892-1346 EXHIBIT "B" EXISTING TAKING REMAINING ACRES ACRES/(S-F) ACRES 0. 51 12 PARCEL 53A, 0. 0259/( 1129) D. 4853 PARCEL PLAT SHOWING PARCEL 53A CONCORD ROAD JEFFERSON COUNTY SCALE 1" = 50' JUNE 2009 SHEET 3 OF 4 - Z. w� U) CD W� z :D U z 1..00 CIO x o O Z O � �� co CD p Q 00 O m � H -� 2:�F0 J U > 00 CD N + o O CD d � Q. C6 O O O ° �Q N �L� - so'oe O 0�._ N z T /N¢" w� U) CD ::D00 z :D U z 1..00 Q CD CO w Z Ln Z U Z O r-� w Of � �� co CD p Q 00 a LO aof Lj Cr- QQJ O H -� 2:�F0 J U > 00 CD N + o CD N O 0 >_�� U Z J O cd CD � U � U cn � r-w�o Q w O o wmo > m w Zcn w¢~Lc-) (r ZZrMLr) \D C:> CD J �� z�1cic�- + o o`erNm�o� (U �D ¢� x w (U wCD � CD ~-- LLJ v�m0 EXHIBIT "C" CL 7th' LLJ / � d W Q / z N L Q �Q W W W / Z � O r / Q T N m LC) O / z cr) cn / / L -LJ U) CD z :D � N O U w Z Z O � �� co C Li a LO W 0 0 w=� N w 0L O U Z J O U cn CL 7th' LLJ / � d W Q / z N L Q �Q W W W / Z � O r / Q T N m LC) O / z cr) cn / / L -LJ June 2009 Parcel 53B Page 1 of 4 EXHIBIT County: Jefferson Highway: Concord Road Project Limits: East Lucas to US 96, 69, 287 PROPERTY DESCRIPTION FOR PARCEL 53B Being a 0.0648 acre (2,823 square feet) of land, situated in the F. Bigner Survey, Abstract No. 1, out of and part of the remainder of that certain called 0.545 acre tract of land having been conveyed to The Texas National Bank of Beaumont from T. H. Bowers and Mabel G. Bowers by deed dated October 15, 1935 and being recorded under Volume 406 Page 75 of the Deed Records of Jefferson County, Texas, said 0.0648 (2,823 square feet) acre of land being more particularly described as follows; COMMENCING at a 1/2" iron rod found for a Southeasterly exterior ell corner of that certain called 0.252 acre tract having been conveyed to James M. Canizaro, by deed dated August 19, 1981, and being recorded under Volume 2332 Page 384, Deed records of Jefferson County, Texas, and a interior ell corner of the remainder of the said 0.545 acre The Texas National Bank of Beaumont tract, said point also being in the Northeasterly line of the abandoned T&NO RR right-of-way; THENCE, NORTH 31-21'51" EAST along the boundary line between the said 0.252 acre Canizaro tract and the remainder of the said 0.545 acre The Texas National Bank of Beaumont tract for a distance of 112.85 feet to a 5/8" iron rod with cap stamped "City of Beaumont ROW Monument" set for corner in the proposed Southwest right-of-way line of Concord Road and the POINT OF BEGINNING of the parcel herein described; 1) THENCE, NORTH 31021'51" EAST, along the boundary line between the said 0.252 acre Canizaro tract and the remainder of the said 0.545 acre The Texas National Bank of Beaumont tract for a distance of 33.79 feet to a point for corner in the existing Southwest right-of-way line of Concord Road; 2) THENCE, SOUTH 52018'17" EAST along the existing Southwest right-of-way line of Concord Road for a distance of 80.27 feet to point for comer, said corner being the most Easterly corner of the remainder of the said 0.545 acre The Texas National Bank of Beaumont tract, also said corner being the most Northerly corner of that certain tract of land having been conveyed to New Hope Primitive Baptist Church of Beaumont, Texas from N. M. Harris by deed dated September 18, 1930 and being recorded under Volume 348 Page 444 of the Deed Records of Jefferson County, Texas; EXHIBIT "D" June 2009 Parcel 53B Page 2 of 4 EXHIBIT 3) THENCE, SOUTH 33057'58" WEST, along the boundary line between the said New Hope Primitive Baptist Church of Beaumont, Texas tract and the remainder of the said 0.545 acre The Texas National Bank of Beaumont tract for a distance of 37.20 feet to a 5/8" iron rod with cap stamped "City of Beaumont ROW Monument" set for corner in the proposed Southwest right-of-way line of Concord Road; 4) THENCE, NORTH 53023'49" WEST, along the proposed Southwest right-of-way line of Concord Road for a distance of 19.20 feet to a 5/8" iron rod with cap stamped "City of Beaumont ROW Monument" set for comer in the proposed Southwest right- of-way line of Concord Road; 5) THENCE, NORTH 47012'35" WEST, continuing along the proposed Southwest right- of-way line of Concord Road for a distance of 49.36 feet to a 5/8" iron rod with cap stamped "City of Beaumont ROW Monument" set for corner in the proposed Southwest right-of-way line of Concord Road, said corner also being the beginning of a curve turning to the left having a radius of 2360.00 feet and being subtended by a chord bearing NORTH 54°54'05" WEST having a chord length of 10.61 feet; 6) THENCE NORTHWESTERLY, along and with said curve for an arc length of 10.61 feet to the POINT OF BEGINNING and containing 0.0648 acre (2,823 square feet) of land. A parcel plat of even date accompanies this property description. I, Mark W. Whiteley, Registered Professional Land Surveyor No. 3636, in the State of Texas, do hereby certify that the above field notes correctly reflect an actual survey made under my supervision and the limits, boundaries and corners are truly shown just as found at the time of the survey. Surveyed February 2009 A GIVEN UNDER MY HAND AND SEAL THIS THE MP DAY OF JUNE 2009. Mark W. Whiteley, RPLS #3636 LEGEND 0 0 SET 5/8' 1. R. WITH CAP STAMPED "CITY OF BEAUMONT ROW MONUMENT' TXDOT CONTROL MONUMENT PARCEL NUMBER FND PROPERTY CORNER AS NOTED PARENT TRAC POWER POLE N.T.S. PROPOSED ROW LINE EXISTING ROW LINE CONCORD ROAD PROPERTY LINE SURVEY LINE COUNTY LINE P.D.B. PARCEL 53B CALLED 0.252 ACRES REMAINDER OF CALLED 0.545 ACRES JAMES M. CANIZARO THE TEXAS NATIONAL AUGUST 19 1981 VOL STT I'G 384 BANK OF 8EAUMONT DRJC OCTOBER 15, 1935 0. 2923 VOL 406 PG 75 DRJC � 1 \ P.O.0 PARCEL 538--�'/ FND. 1/2' 1. ROD F. BIGNER SURVEY ABSTRACT NO. I NEW HOPE PRIMITIVE BAPTIST CHURCH SEPTEMBER 18, 1930 VOL 348 PG 444 DRJC 011- BEARINGS F BEARINGS AND DISTANCES SHOWN ENCLOSED IN PARENTHESES ARE CALLED BEARINGS AND DISTANCES IN THE DESCRIPTION OF THE PARENT TRACT. SURVEYED FEBRUARY 2009 A PROPERTY DESCRIPTION OF EVEN DATE ACCOMPANIES THIS PARCEL PLAT. 0 F q'T� s.� •' H :, j. i g;�f MARK W. WHITELEY AND ASSOCIATES INCORPORATED CONSULTING ENGINEERS, SURVEYORS, AND PLANNERS P. 0. BOX 5492 3250 EASTEX FRWY. BEAUMONT, TEXAS 77726-5492 BEAUMONT, TEXAS 77703 409-692-0421 (FAX) 409-892-1346 EXHIBIT "E" EXISTING TAKING REMAINING ACRES ACRES/(S.F.) ACRES 0. 3571 PARCEL 53B, 0.0648/(2823) 0. 2923 PARCEL PLAT SHOWING PARCEL 53B CONCORD ROAD JEFFERSON COUNTY SCALE 1" = 50' JUNE 2009 SHEET 3 OF 4 abo� W ��z�oo ¢ o m �' a Z wor oF- C r) CD Of=moo < U_ > U � 0 M CD _jo I� CD Q Q 3 W O F- J 00O UNO�� 0 .3 o J I � � O w N ¢ Ln U �` Ud r-O O � a z cn _ ) L(7 p O �JwZU> L On W In U�mO o J ,S8'Zl i 3„IS,IZ.I�N , o Q Q 0 M �NO U = 'q- abo� W ��z�oo ¢ o m �' a Z wor oF- C r) CD Of=moo < U_ > U � 0 M m r7 Ln Ln O / / / / / m \ Ln � CLJ O CYN I� CD _jo CD Q J U W O F- J 00O UNO�� Orn zp�p ¢ .3 o J CD Q�zm-n O w N ¢ Ln U �` Ud r-O O p NCZ5 N� �C / QOXL.-CD c�� wLLJ cn _ Cil L(7 p O �JwZU> L On W In U�mO 17 J v ,S8'Zl i 3„IS,IZ.I�N , m r7 Ln Ln O / / / / / m \ Ln � CLJ O CYN I� CD _jo CD Q J U L O F- J 00O UNO�� � + OJ CD CD O <2 `- CD O w N ¢ Ln U �` Ud r-O O NCZ5 N� �C / Q 4/ Nd OAF c:) Ln ON L On W In W W CD J 0 O 0 O � Q Q 0 0� O U = Ln U Z _ U f - U _ EXHIBIT "F” r z D O U E Ln Z O CO� W U- 12, �' w wo �o ai a o O U Z O U 0 0 N w z D D LL - 0 W J U U) W J U L a� U � N N J In O w ;- �` Ud 00 Z_ Nd Of W In M 0 O 0 O � / 0� O -t = Ln U Z _ U f - U L / U N N J 0 0� =o U _ z J - Z �t r�-o ¢ N Lr) N ^ � ;l) ;l)m z LO o' cn o � o � o � / � N LLJ / W > RICH WITH OPPORTUNITY 11EAi[11q011* T• E• X• A• S MIA City Council Agenda Item City Council FROM: Kyle Hayes, City Manager PREPARED BY: Patrick Donart, Public Works Director MEETING DATE: March 8, 2011 REQUESTED ACTION: Council consider a resolution authorizing the acquisition of property. RECOMMENDATION The Administration recommends authorizing City Council approve a resolution for the acquisition of properties for the Concord Road Pavement Widening Project. BACKGROUND As part of the Concord Road Pavement Widening Project, approximately sixty-one (61) parcels of land from East Lucas to Highway 105 are being acquired. The owner of the property listed below, has agreed to convey their property to the City: Parcel #36 0. 03 10 acre out F. Bigner Survey, Abstract No. 1 Value: $10,398.00 Owner: Estate of Wallace A. Dominque The acquisition of the right of way is recommended for approval by the City Manager and Public Works Director. BUDGETARY IMPACT Funds are available in the Capital Program. E RESOLUTION NO. WHEREAS, an agreement has been negotiated for the acquisition of property described below and in Exhibit "A" and shown on Exhibits "B" and "C," attached hereto, for the Concord Road Pavement Widening Project: Parcel #36: 0.0310 acre out of F. Bigner Survey, Abstract No. 1 Value: $10,398.00 Owner: Estate of Wallace E. Dominque 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 purchase of the above described property be, and the same is, hereby approved. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 8th day of March, 2011. - Mayor Becky Ames - NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM THIS INSTRUMENT THAT TRANSFERS AN INTERST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR DRIVER'S LICENSE NUMBER. THE STATE OF TEXAS X KNOW ALL MEN BY THESE PRESENTS: COUNTY OF JEFFERSON X SPECIAL WARRANTY DEED That, ESTATE OF WALLACE A. DOMINQUE, of the County of Jefferson, State of Texas, hereinafter called GRANTOR for and in consideration of the sum of TEN THOUSAND THREE HUNDRED NINETY-EIGHT NO/100 ($10,398.00) DOLLARS and other good and valuable consideration, to it in hand paid by the City of Beaumont, a municipal corporation, domiciled in Jefferson County, Texas, hereinafter called GRANTEE, for the conveyance of the hereinafter described property, the receipt and sufficiency of which is hereby acknowledged and confessed, has GRANTED, SOLD and CONVEYED, subject to the reservations and exceptions hereinafter made, and by these presents does GRANT, SELL and CONVEY unto the said CITY OF BEAUMONT, P. O. Box 3827, Beaumont, Texas 77704, and to its successors and assigns forever the property described in Exhibit "A", attached hereto and made a part hereof for all purposes. GRANTOR does hereby except and reserve from this conveyance unto herself, her successors and assigns, forever, all of the oil, gas, and sulphur in and under the land herein conveyed but waives all rights of ingress and egress to the surface thereof for the purpose of exploring, developing, mining or drilling for same. This conveyance is expressly made subject to all zoning laws and to restrictions, covenants, conditions, easements and mineral and/or royalty reservations, if any, effecting the property. TO HAVE AND TO HOLD the above described premises together with all and EXHIBIT "A" singular the rights and appurtenances thereto and in any wise belonging, unto the said GRANTEE and GRANTEE'S successors and assigns, forever; and said GRANTOR binds herself and her successors and assigns to warrant and forever defend all and singular the said premises unto the said GRANTEE and GRANTEE'S successors or assigns, against every person lawfully claiming or to claim all or any part of the property, subject to the provisions stated above, when the claim is by, through, or under GRANTOR but not otherwise. EXECUTED this the day of , 2011. JEANNE ROBESON Individual Executor STATE OF TEXAS X COUNTY OF JEFFERSON X This instrument was acknowledged before me on this the day of , 2011, by JEANNE ROBESON. Notary Public, State of Texas RETURN TO: City of Beaumont c/o Antoinette Hardy P. O. Box 3827 Beaumont, TX 77704 April 2009 Parcel 36 Page 1 of 4 County: Jefferson Highway: Concord Road Project Limits: East Lucas to US 96, 69, 287 PROPERTY DESCRIPTION FOR PARCEL 36 Being a 0.0310 acre (1,350 square feet) of land, situated in the F. Bigner Survey, Abstract No. 1, out of and part of that certain called 3.151 acre tract of land having been conveyed to Wallace A. Domingue and wife, Bettye Jean Domingue from Tula Marie Comstock by deed dated August 13, 1974 and being recorded under Volume 1844 Page 277 Deed Records of Jefferson County, Texas, said 0.0310 (1,350 square feet) acre of land being more particularly described as follows; COMMENCING at a 1" iron pipe found for the Northwest corner of the said 3.151 acre Domingue tract and being in the East line of that certain called 3.9059 acre tract of land having been conveyed to Land Manor, Inc. from Mohammad A. Swati by deed dated March 10, 1994 and being recorded under Clerk's File No. 94- 9407991 of the Real Property records of Jefferson County, Texas; THENCE, SOUTH 03°03'28" EAST, along the East line of the said 3.9059 acre Land Manor, Inc. tract and the West line of the said 3.151 acre Domingue tract for a distance of 551.09 feet to a 5/8" iron rod with cap stamped "City of Beaumont ROW Monument" set for corner in the proposed Northeast right-of-way of Concord Road, and the POINT OF BEGINNING of the parcel herein described; 1) THENCE, SOUTH 80°01'58" EAST, along the proposed Northeast right-of-way line of Concord Road for a distance of 25.77 feet to a 5/8" iron rod with cap stamped "City of Beaumont ROW Monument" set for corner in the proposed Northeast right- of-way of Concord Road, said corner also being the beginning of a curve turning to the right having a radius of 1270.00 feet and being subtended by a chord bearing SOUTH 7501441" EAST having a chord length of 212.02 feet; 2) THENCE, SOUTHEASTERLY, along said curve for an arc length of 212.26 feet to a 5/8" iron rod with cap stamped "City of Beaumont ROW Monument" set for corner in the proposed Northeast right-of-way of Concord Road, said corner being in the East line of the said 3.151 acre Domingue tract and being in the West line of Concord Place Townhomes recorded in Volume 2 page 116 and 117 of the Condominium Records of Jefferson County Texas; April 2009 Parcel 36 Page 2of4 EXHIBIT 3) THENCE, SOUTH 02059'00" EAST, along the East line of the said 3.151 acre Domingue tract and along the West line of the said Concord Place Townhomes tract for a distance of 9.47 feet to a point for corner, said point being the Southeast corner of the said 3.151 acre Domingue tract and being the Southwest corner of the said Concord Place Townhomes tract, and from said point a concrete monument bears SOUTH 02059'00" EAST for a distance of 0.53 feet, said corner also being the beginning of a curve turning to the left having a radius of 1303.24 feet and being subtended by a chord bearing SOUTH 74°12'46" EAST having a chord length of 239.81 feet; 4) THENCE, NORTHWESTERLY, along said curve for an arc length of 240.15 feet to a point for corner in the existing Northeast right-of-way of Concord Road, said comer being Southwest corner of the said 3.151 acre Domingue tract and being the Southeast corner of the said 3.9059 acre Land Manor, Inc. tract; 5) THENCE, NORTH 03003'28" WEST, along the East line of the said 3.9059 acre Land Manor, Inc. tract and along the West line of the said 3.151 acre Domingue tract for a distance of 2.68 feet to the POINT OF BEGINNING and containing 0.0310 acre (1,350 square feet) of land. A parcel plat of even date accompanies this property description. I, Mark W. Whiteley, Registered Professional Land Surveyor No. 3636, in the State of Texas, do hereby certify that the above field notes correctly reflect an actual survey made under my supervision and the limits, boundaries and corners are truly shown just as found at the time of the survey. Surveyed January 2009 GIVEN UNDER MY HAND AND SEAL THIS THE S DAY OF April 2009. �kL Mark W. Whiteley, RPLS #3636 OF S7cA LEGEND ■ SET 5/8' 1. R. WITH CAP STAMPED 'CITY OF BEAUMONT ROW MONUMENT' TXDOT CONTROL MONUMENT xx PARCEL NUMBER o FND PROPERTY CORNER AS NOTED POWER POLE PROPOSED ROW LINE F. BIGNER SURVEY EXISTING ROW LINE ABSTRACT NO. 1 PROPERTY LINE SURVEY LINE COUNTY LINE P.O.0 PARCEL 36 FND. 1" 1. PIPE CALLED 3.9059 ACRES CONCORD PLACE TOWNHOMES LAND MANOR, INC. VOL. 2 PG. 116 & 117 MARCH 10, 1994 CALLED 3.151 ACRES CRJC CF NO. 94-9407991 WALLACE A DOMINGUE, et ux OPRJC AUGUST 13, 1974 VOL. 1844, PG. 277 DRJC P.O.B. PARCEL 3b \ (36 CONCORD ROAD — PARENT TRACT N.T.S. BEARINGS AND DISTANCES SHOWN ENCLOSED IN PARENTHESES ARE CALLED BEARINGS AND DISTANCES IN THE DESCRIPTION OF THE PARENT TRACT. SURVEYED FEBRUARY 2009 A PROPERTY DESCRIPTION OF EVEN DATE ACCOMPANIES THIS PARCEL PLAT. 4UJ /1-, MARK W. WHITELEY �` s ` AND ASSOCIATES INCORPORATED CONSULTING ENGINEERS, SURVEYORS, AND PLANNERS P. 0. BOX 5492 3250 EASPEX FRWY. BEAUMONT, TEXAS 77726-5492 BEAUMONT, TEXAS 77703 409-892-0421 (FAX) 409-892-1346 EXHIBIT "B" EXISTING TAKING REMAINING ACRES ACRES/(S.F.) ACRES 3. 151 PARCEL 36, 0,0310/(1350) 3. 12 PARCEL PLAT SHOWING PARCEL 36 CONCORD ROAD JEFFERSON COUNTY SCALE 1 " = 50' APRIL 2009 SHEET 3 OF 4 Q N of N V) Lij O M W 4.i 3 o 00 O op Z !n o cv o � O m O N C) � v) Z „w 633.4 �i `N00, O9 oO'w 632.4 NO2 X LO Of wI1- N U Scn Q _ Z � � rrj U O cr N 00 LLJ � QST J U=O Q U E 55A.09, SOS 03, 28 553•�� , S03 0 9' 00'; E 548.00 i �SOO 0 G\ CO C� OD O + OM cu � Lf� � CO Uj O LO ry O' Q O r- 0- (u o + CD - (16 (16 coo O a OM EXHIBIT "C" U a L4- o O C!) cy- Orf 0 w O N z O d O (n X w _LS z D O U Z O Of a COW CD T , O NV ry W Q W a � 0 Qf O U Z 0 U V I I I cn O w rn [if U-t-cn O Q zCD0 110 N Q m LO � U C) I Q � w O d p� rjgS�U z U LL- _ LJ O J � w Q� O �I � U G\ CO C� OD O + OM cu � Lf� � CO Uj O LO ry O' Q O r- 0- (u o + CD - (16 (16 coo O a OM EXHIBIT "C" U a L4- o O C!) cy- Orf 0 w O N z O d O (n X w _LS z D O U Z O Of a COW CD T , O NV ry W Q W a � 0 Qf O U Z 0 U V I I I I w O Z O W N Q m f Q LLJ0 O O 0- O O cr O � O O �I O O ZS S6+6L l O 00 N— rn cq O co Z LL 0 W W O = L W J Q U RICH WITH OPPORTUNITY T 9 E*%* A• S TO: FROM: PREPARED BY: MEETING DATE: City Council Agenda Item City Council Kyle Hayes, City Manager Pte' Patrick Donart, Public Works Director March 8, 2011 REQUESTED ACTION: Council consider a resolution authorizing the acquisition of property. RECOMMENDATION The Administration recommends authorizing City Council approve a resolution for the acquisition of properties for the Concord Road Pavement Widening Project. BACKGROUND As part of the Concord Road Pavement Widening Project, approximately sixty-one (61) parcels of land from East Lucas to Highway 105 are being acquired. The owner of the property listed below, has agreed to convey his property to the City: Parcel #5 0.0249 acre out Lots 34, 40, Tract 5, French Heights Addition (5035 Concord Road) Value: $5,000.00 Owner: Estate of Laverne Russell The acquisition of the right of way is recommended for approval by the City Manager and Public Works Director. BUDGETARY IMPACT Funds are available in the Capital Program. F RESOLUTION NO. WHEREAS, an agreement has been negotiated for the acquisition of property described below and in Exhibit "A" and shown on Exhibits "B" and "C," attached hereto, for the Concord Road Pavement Widening Project: Parcel #5: 0.0249 acre out of Lots 34 & 40, Tract 5, French Heights Addition (5035 Concord Road) Value: $5,000.00 Owner: Estate of Laverne Russell 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 purchase of the above described property be, and the same is, hereby approved. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 8th day of March, 2011. - Mayor Becky Ames - NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM THIS INSTRUMENT THAT TRANSFERS AN INTERST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR DRIVER'S LICENSE NUMBER. THE STATE OF TEXAS X KNOW ALL MEN BY THESE PRESENTS: COUNTY OF JEFFERSON X SPECIAL WARRANTY DEED That, ESATE OF LAVERNE RUSSELL, of the County of Jefferson, State of Texas, hereinafter called GRANTOR for and in consideration of the sum of FIVE THOUSAND AND NO/100 ($5,000.00) DOLLARS and other good and valuable consideration, to it in hand paid by the City of Beaumont, a municipal corporation, domiciled in Jefferson County, Texas, hereinafter called GRANTEE, for the conveyance of the hereinafter described property, the receipt and sufficiency of which is hereby acknowledged and confessed, has GRANTED, SOLD and CONVEYED, subject to the reservations and exceptions hereinafter made, and by these presents does GRANT, SELL and CONVEY unto the said CITY OF BEAUMONT, P. O. Box 3827, Beaumont, Texas 77704, and to its successors and assigns forever the property described in Exhibit "A", attached hereto and made a part hereof for all purposes. GRANTOR does hereby except and reserve from this conveyance unto herself, her successors and assigns, forever, all of the oil, gas, and sulphur in and under the land herein conveyed but waives all rights of ingress and egress to the surface thereof for the purpose of exploring, developing, mining or drilling for same. This conveyance is expressly made subject to all zoning laws and to restrictions, covenants, conditions, easements and mineral and/or royalty reservations, if any, effecting the property. TO HAVE AND TO HOLD the above described premises together with all and singular the rights and appurtenances thereto and in any wise belonging, unto the said EXHIBIT "A" GRANTEE and GRANTEE'S successors and assigns, forever; and said GRANTOR binds herself and her successors and assigns to warrant and forever defend all and singular the said premises unto the said GRANTEE and GRANTEE'S successors or assigns, against every person lawfully claiming or to claim all or any part of the property, subject to the provisions stated above, when the claim is by, through, or under GRANTOR but not otherwise. EXECUTED this the day of , 2011. DAVID AINSWORTH JAMES AINSWORTH STATE OF TEXAS X COUNTY OF JEFFERSON X This instrument was acknowledged before me on this the day of , 2011, by DAVID AINSWORTH. Notary Public, State of Texas STATE OF TEXAS X COUNTY OF JEFFERSON X This instrument was acknowledged before me on this the day of , 2011, by JAMES AINSWORTH. Notary Public, State of Texas RETURN TO: City of Beaumont c/o Antoinette Hardy P. O. Box 3827 Beaumont, TX 77704 May 2009 Parcel 5 Page 1 of 4 EXHIBIT _ County: Jefferson Highway: Concord Road Project Limits: East Lucas to US 96, 69, 287 PROPERTY DESCRIPTION FOR PARCEL 5 Being a 0.0249 acre (1,086 square feet) of land, situated in the A. Williams Survey, Abstract No. 385, out of and part of that certain tract of land being identified as Tract No. 1 having been conveyed to S. Don Russell and wife, La Verne Russell from Aetna Finance by deed dated January 20, 1993 being recorded under Film Code No. 104-62- 1616 of the Real Property Records of Jefferson County, Texas, Texas, said 0.0249 acre (1,086 square feet) of land being more particularly described as follows; COMMENCING at a 1/2" iron pipe found for the most Southerly corner of that certain called 1.00 acre tract of land having been conveyed to LaVeme Russell from James F. Ainsworth, Jr. and wife, Debra Ainsworth by deed dated June 19, 1998 being recorded under Clerk's File No. 98-9822146 of the Real Property Records of Jefferson County, Texas and in the Northwesterly line of the said Russell et ux tract; THENCE, NORTH 34058'03" EAST along the Northwest line of the said Russell et ux tract and along the Southeast line of the said 1.00 acre Russell tract for a distance of 424.48 feet to a 5/8" iron rod with cap stamped "City of Beaumont ROW Monument" set for comer in the proposed Southwest right-of-way line of Concord Road, said corner being the POINT OF BEGINNING of the parcel herein described; 1) THENCE, NORTH 34058'03" EAST, continuing along the Northwest line of the said Russell et ux tract and along the Southeast line of the said 1.00 acre Russell tract for a distance of 8.24 feet to a point for corner, said point being the East corner of the said 1.00 acre Russell tract and being the North corner of the said Russell et ux tract; 2) THENCE, SOUTH 50°36'44" EAST, along the existing Southwesterly right-of-way line of Concord Road for a distance of 88.33 feet to a point for corner in the existing Southwesterly right-of-way line of Concord Road, said point being the most Northwesterly corner of that certain called 409.8 square foot tract of land having been conveyed to The City of Beaumont from Rita C. Ainsworth by deed dated June 14, 1974 being recorded under Volume 1836 Page 318 of the Deed Records of Jefferson County, Texas; May 2009 Parcel 5 Page 2 of 4 EXHIBIT 3) THENCE, SOUTH 46059'54" EAST, along the Southwesterly line of the said 409.8 square foot The City of Beaumont tract for a distance of 115.74 feet to a 5/8" iron rod with cap stamped "City of Beaumont ROW Monument" set for corner in the proposed Southwest right-of-way line of Concord Road, said corner being the most Southerly corner of the said 409.8 square foot The City of Beaumont tract, also said comer being the most Westerly corner of that certain called 1,863.9 square foot tract of land having been conveyed to The City of Beaumont from Margaret Evelyn Roberts by deed dated June 27, 1974 being recorded under Volume 1840 Page 339 of the Deed Records of Jefferson County, Texas, said corner also being in the Northwesterly line of that certain called 2.77 acre tract of land having been conveyed to The Housing Authority of the City of Beaumont from Concorde Health and Racquetball Centre, Inc. by deed dated January 21, 1982 being recorded under Volume 2361 Page 97 of the Deed Records of Jefferson County, Texas; 4) THENCE, NORTH 50037'20" WEST, along the proposed Southwesterly right-of-way line of Concord Road for a distance of 138.58 feet to a 5/8" iron rod with cap stamped "City of Beaumont ROW Monument" set for corner in the proposed Southwest right-of-way line of Concord Road, said corner also being the beginning of a curve turning to the left having a radius of 2360.00 feet and being subtended by a chord bearing NORTH 51 °2416" WEST having a chord length of 64.63 feet; 5) THENCE, NORTHWESTERLY, along said curve for an arc length of 64.64 feet to a POINT OF BEGINNING and containing 0.0249 acre (1,086 square feet) of land. A parcel plat of even date accompanies this property description. I, Mark W. Whiteley, Registered Professional Land Surveyor No. 3636, in the State of Texas, do hereby certify that the above field notes correctly reflect an actual survey made under my supervision and the limits, boundaries and corners are truly shown just as found at the time of the survey. Surveyed February 2009 GIVEN UNDER MY HAND AND SEAL THIS THE DAY OF MAY 2009. Mark W. Whiteley, RPLS #3636 LEGEND ■ SET 5/8" 1. R. WITH CAP STAMPED "CITY OF BEAUMONT ROW MONUMENT - 0 TXD❑T CONTROL MONUMENT CALLED 1,863.3 S\Ff.THE CITY OF BEAUPARCEL NUMBER JUNE 27, 1970CONCORD ROADVOL• 18DRJCG. 0 POWER POLE PROPOSED ROW LINE EXISTING ROW LINE PROPERTY LINE — — SURVEY LINE COUNTY LINE CALD 1.00 ACRE LAVERNE RUSSELL - JUNE 19, 1998 CF NO. 98-9822146 OPRJC PARENT TRACT N.T.S. P • • B THE CITY 0 BFA(1MOUT PAR. 5 JUNE 14, 1974 — VOL. 1836, PG. 318 DRJC TRACT TWO S DON RUSSELL, et ux JANUARY 20, 1993 CF NO. 104-62-1616 OPRJC TRACT NO. i S. DON RUSSELL, et ux CALLED 2.77 ACRES THE HOUSING AUTHORITY l JANUARY 20, 1993 THE CITY OF BEAUMONT CF NO. 104-61-1616 JANUARY 21, 1982 OPRJC VOL. 2361 PC 97 P.O.C. PAR. 5 FND 1/2" I. PIPE BEARINGS AND DISTANCES SHOWN ENCLOSED IN PARENTHESES ARE CALLED BEARINGS AND DISTANCES IN THE DESCRIPTION OF THE PARENT TRACT. SURVEYED FEBRUARY 2009 A PROPERTY DESCRIPTION OF EVEN ACCOMPANIES THIS PARCEL PLAT. 1' Q�,•G\ S T Ep.� REMAINING n •e-7 ACRES/(S.F. ACRES 2, 8326 PARCEL 5, 0. 0.0249/(1086) 2, 8077 MARK W. WHITELEY AND ASSOCIATES INCORPORATED CONSULTING ENGINEERS, SURVEYORS, AND PLANNERS P. 0. BOX 5492 3250 EASTEX FRWY. BEAUMONT, TEXAS 77726-5492 BEAUMONT. TEXAS 77703 409-892-0421 (FAX) 409-892-1346 EXHIBIT "B" EXISTING TAKING REMAINING ACRES ACRES/(S.F. ACRES 2, 8326 PARCEL 5, 0. 0.0249/(1086) 2, 8077 PARCEL PLAT SHOWING PARCEL 5 CONCORD ROAD JEFFERSON COUNTY SCALE 1" = 50' MAY 2009 SHEET 3 OF 4 1101, _1IRIHYa Ln m o C:) O oZ II m ¢ Z Z O CU ' kD ,D CD w m '� 0 E 'i O In , LO � -t o� -�' Q Ln O ID � o O� cnO LIQ F--� IW LL- Q O p r-, M CO o O- p w c,4^ U v 00 rn G �' U� a F O ,D"o^dam co `ria O LO W �h 11 O I I I I I I I I S I I ¢w -� �' U Z � O Zao , Q �' H I U Q r c7o_C=�F- ,�-A rWr�, rn CD C-4 W0(� w JI--- J .if1 0 o o d+ N� F�--ir 1l� F.%.� OLn ry a o ��zo+ZS i D F Z O ld �r o z w J� + o O ( Z J O U (n LN U m l ,SZ'969 3,OS I.92N Oo w w � J U C) a O U O (� _^ C 00 F Z OLU J OCD ey _� C3 r7 O O UI _� ) r) N w -" 00 M a- M �o U O O '- x `- Z to CN r7 p w� r7 W `° �QD z U LO ;�CD r") oG� �� JI O m U I (1J Q w w �cOU ZUN � O N LO z J o t- = r 00- O + , o Uf 2: z CD M C � CD CDz <LO�Ln T- bz'i8+i51 cnU z Od 00p0 Q - Q Nw J o- C6CL d' 00 C6 U O r7 U c0 I cO + o IT O L U� Uw w a � C6 LO C z Li Q W <LD Q LD L.t_ W _1 J Z O _0 O O _� O I'D LLJ 00 Q U7 M N l¢i.� U1 O ZD ~ + cn M 00 -)U Z ::Dm + I— = V O O 0 Ln �wrnob, a_ N � p 11 Z z o CLJ ` pZ O �� z o w W F- CD CD M C" Q � -5 > D Z O QMoM(U1�� U v z CD 'T �� ol.l J J U U O� C7 M;Zr 'D ?C ry ry o (L1 M - II O 11 11 II Ii S 11 W a- I-JUP RICH WITH OPPORTUNITY 11EA111140N* T• E• X• A• S TO: City Council Agenda Item City Council FROM: Kyle Hayes, City Manager PREPARED BY: Patrick Donart, Public Works Director MEETING DATE: March 8, 2011 REQUESTED ACTION: Council consider a resolution authorizing the acquisition of property. RECOMMENDATION The Administration recommends authorizing City Council approve a resolution for the acquisition of properties for the Concord Road Pavement Widening Project. BACKGROUND As part of the Concord Road Pavement Widening Project, approximately sixty-one (61) parcels of land from East Lucas to Highway 105 are being acquired. The owner of the property listed below, has agreed to convey his property to the City: Parcel #7 0.0225 acre out Lot 33, Tract 2, French Heights Addition (5065 Concord Road) Value: $2,100.00 Owner: Estate of Laverne Russell The acquisition of the right of way is recommended for approval by the City Manager and Public Works Director. BUDGETARYIMPACT Funds are available in the Capital Program. G RESOLUTION NO. WHEREAS, an agreement has been negotiated for the acquisition of property described below and in Exhibit "A" and shown on Exhibits "B" and "C," attached hereto, for the Concord Road Pavement Widening Project: Parcel #7: 0.0225 acre out of Lot 33, Tract 2, French Heights Addition (5065 Concord Road) Value: $2,100.00 Owner: Estate of Laverne Russell 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 purchase of the above described property be, and the same is, hereby approved. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 8th day of March, 2011. - Mayor Becky Ames - NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM THIS INSTRUMENT THAT TRANSFERS AN INTERST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR DRIVER'S LICENSE NUMBER. THE STATE OF TEXAS X KNOW ALL MEN BY THESE PRESENTS: COUNTY OF JEFFERSON X SPECIAL WARRANTY DEED That, ESATE OF LAVERNE RUSSELL, of the County of Jefferson, State of Texas, hereinafter called GRANTOR for and in consideration of the sum of TWO THOUSAND ONE HUNDRED AND NO/100 ($2,100.00) DOLLARS and other good and valuable consideration, to it in hand paid by the City of Beaumont, a municipal corporation, domiciled in Jefferson County, Texas, hereinafter called GRANTEE, for the conveyance of the hereinafter described property, the receipt and sufficiency of which is hereby acknowledged and confessed, has GRANTED, SOLD and CONVEYED, subject to the reservations and exceptions hereinafter made, and by these presents does GRANT, SELL and CONVEY unto the said CITY OF BEAUMONT, P. O. Box 3827, Beaumont, Texas 77704, and to its successors and assigns forever the property described in Exhibit "A", attached hereto and made a part hereof for all purposes. GRANTOR does hereby except and reserve from this conveyance unto herself, her successors and assigns, forever, all of the oil, gas, and sulphur in and under the land herein conveyed but waives all rights of ingress and egress to the surface thereof for the purpose of exploring, developing, mining or drilling for same. This conveyance is expressly made subject to all zoning laws and to restrictions, covenants, conditions, easements and mineral and/or royalty reservations, if any, effecting the property. TO HAVE AND TO HOLD the above described premises together with all and EXHIBIT "A" singular the rights and appurtenances thereto and in any wise belonging, unto the said GRANTEE and GRANTEE'S successors and assigns, forever; and said GRANTOR binds herself and her successors and assigns to warrant and forever defend all and singular the said premises unto the said GRANTEE and GRANTEE'S successors or assigns, against every person lawfully claiming or to claim all or any part of the property, subject to the provisions stated above, when the claim is by, through, or under GRANTOR but not otherwise. EXECUTED this the day of , 2011. DAVID AINSWORTH JAMES AINSWORTH STATE OF TEXAS X COUNTY OF JEFFERSON X This instrument was acknowledged before me on this the day of 12011, by DAVID AINSWORTH. Notary Public, State of Texas STATE OF TEXAS X COUNTY OF JEFFERSON X This instrument was acknowledged before me on this the day of , 2011, by JAMES AINSWORTH. Notary Public, State of Texas RETURN TO: City of Beaumont c/o Antoinette Hardy P. O. Box 3827 Beaumont, TX 77704 May 2009 Parcel 7 Page 1 of 4 EXHIBIT — County: Jefferson Highway: Concord Road Project Limits: East Lucas to US 96, 69, 287 PROPERTY DESCRIPTION FOR PARCEL 7 Being a 0.0225 acre (978 square feet) of land, situated in the A. Williams Survey, Abstract No. 385, out of and part of that certain called 1.00 acre tract of land having been conveyed to Laverne Russell from James F. Ainsworth, Jr. and wife, Debra Ainsworth by deed dated June 19, 1998 being recorded under Clerk's File No. 98- 9822146 of the Real Property Records of Jefferson County, Texas, said 0.0225 acre (978 square feet) of land being more particularly described as follows; COMMENCING at a 1/2" iron pipe found for the most Southerly comer of the said 1.00 acre Russell tract and in the Northwesterly line of that certain tract of land being identified as Tract No. 1 having been conveyed to S. Don Ruussell and wife, La Verne Russell from Aetna Finance by deed dated January 20, 1993 being recorded under Film Code No. 104-62-1616 of the Real Property Records of Jefferson County, Texas, the same being know as Tract No. 34 of French Heights Addition to the City of Beaumont, Jefferson County, Texas, according to the map or plat recorded in Volume 6 Page 61 Map Records of Jefferson County, Texas; THENCE, NORTH 34°58'03" EAST along the Northwest line of the said Russell et ux tract and along the Southeast line of the said 1.00 acre Russell tract for a distance of 424.48 feet to a 5/8" iron rod with cap stamped "City of Beaumont ROW Monument" set for corner in the proposed Southwest right-of-way line of Concord Road, said corner being the POINT OF BEGINNING of the parcel herein described, said corner also being the beginning of a curve turning to the left having a radius of 2360.00 feet and being subtended by a chord bearing NORTH 53020'53" WEST having a chord length of 95.47 feet; 1) THENCE, NORTHWESTERLY, along said curve for an arc length of 95.47 feet to a 5/8" iron rod with cap stamped "City of Beaumont ROW Monument" set for corner in the proposed Southwest right-of-way line of Concord Road; 2) THENCE, NORTH 54030'26" WEST, along the proposed Southwesterly right-of-way line of Concord Road for a distance of 4.18 feet to a 5/8" iron rod with cap stamped "City of Beaumont ROW Monument" set for corner in the proposed Southwest right- of-way line of Concord Road, said corner being in the Northwesterly line of the said 1.00 acre Russell tract and said corner being in the Southeasterly line of that certain called 1/2 acre tract of land having been conveyed to Ann Marie Medina from Michael Wirfs and Susan Wirfs by deed dated May 9, 2007 being recorded under May 2009 Parcel 7 Page 2 of 4 EXHIBIT Clerk's File No. 2007018237 of the Real Property Records of Jefferson County, Texas; 3) THENCE, NORTH 34°58'10" EAST, along the Northwesterly line of the said 1.00 acre Russell tract and the Southeasterly line of the said 1/2 acre Medina tract for a distance of 10.48 feet to a point for corner in the existing Southwesterly right-of-way line of Concord Road, said point being the most Easterly corner of the said 1/2 acre Medina tract and the most Northerly corner of the said 1.00 acre Russell tract; 4) THENCE, SOUTH 54033'44" EAST, along the existing Southwesterly right-of-way line of Concord Road for a distance of 37.78 feet to a point for corner; 5) THENCE, SOUTH 50036'44" EAST, continuing along the existing Southwesterly right-of-way line of Concord Road for a distance of 62.01 feet to a point for comer, said point being the East corner of the said 1.00 acre Russell tract and the North corner of the said Russell et ux tract; 6) THENCE, SOUTH 34058'03" WEST, along the Southeast line of the said 1.00 acre Russell tract and along the Northwest line of the said Russell et ux tract for a distance of 8.24 feet to the POINT OF BEGINNING and containing 0.0225 acre (978 square feet) of land. A parcel plat of even date accompanies this property description. I, Mark W. Whiteley, Registered Professional Land Surveyor No. 3636, in the State of Texas, do hereby certify that the above field notes correctly reflect an actual survey made under my supervision and the limits, boundaries and corners are truly shown just as found at the time of the survey. Surveyed February 2009 J,�� GIVEN UNDER MY HAND AND SEAL THIS THE u `'DAY OF MAY 2009. �. d F l�WHI T ELEY Mark W. Whiteley, RPLS #3636u LEGEND ■ SET 5/8' 1. R. WITH CAP STAMPED 'CITY OF BEAUMONT ROW MONUMENT" 0 TXDOT CONTROL MONUMENT O PARCEL NUMBER O FND PROPERTY CORNER AS NOTED O POWER POLE PROPOSED ROW LINE EXISTING ROW LINE PROPERTY LINE SURVEY LINE COUNTY LINE CALLED 1/2 ACRES ANN MARIE MEDINA MAY 9, 2007 CF NO. 2007018237 OPRJC A. WILUAMS SURVEY ABSTRACT NO. 385 P.O.B. CONCORD ROAD /PARCEL 7 c�' U CALLED 1.00 ACRE Q LAVERNE RUSSELL z JUNE 19, 1998 o CF NO. 98-9822146 z I �;k . 4=, / I . OPRJC PARENT TRACT N.T.S. TRACT NO. 1 S. DON RUSSELL, et ux JANUARY 20, 1993 CF NO. 104-62-1616 P.O.0 PARCEL 7 OPRJC FND. 1/1" 1. PIPE BEARINGS AND DISTANCES SHOWN ENCLOSED IN PARENTHESES ARE CALLED BEARINGS AND DISTANCES IN THE DESCRIPTION OF THE PARENT TRACT. SURVEYED FEBRUARY 2009 A PROPERTY DESCRIPTION OF EVEN ACCOMPANIES THIS PARCEL PLAT. DATE" O F /'�df �,,�,,W,WHIT�! MARK W. WHITELEY AND ASSOCIATES INCORPORATED CONSULTING ENGINEERS, SURVEYORS, AND PLANNERS I, k 4, c' P. 0. BOX 5492 3250 EASTEX FRWY. BEAUMONT, TEXAS 77726-5492 BEAUMONT, TEXAS 77703 409-892-0421 (FAX) 409-892-1346 EXHIBIT "B" EXISTING TAKING REMAINING ACRES ACRES/(S.F.) ACRES 1. 00 PARCEL 7, 0.0225/(978) 0. 9775 PARCEL PLAT SHOWING PARCEL 7 CONCORD ROAD JEFFERSON COUNTY SCALE 1" = 50' MAY 2009 SHEET 3 OF 4 „0„ 1191HX3 11iV0,6L.ZO A,C9,0ZS�9N L -V'96 Lti'96 00*092Z LO rn �—��ONV d1130 ON18V38 02i0HO HlON31 MJOHO HION31 OaV Sniciv8 3n8n0 Z o O U Q Z � E” i o W I 7 W z I Li �, LL- -j- O `+° O Ld m z �, w o w C) Q o"4. -CD BOJ �� ��� o o= LLJ�' o CD o c� cur cn d I W (w a * CD N�;U o L O 00 o�� °�o Of F-- �,- 11 11 11 I I S 11 O J N 0 1 2 O 0- D f -i u m z� CD --D r -d. O r co ,,:tc:�z w U =)O� J Of 0 CO Q ~oz0 U V) z d o Qz I- m cn U o X W (,09'92V 3„00,9MCN) ,ZL'ZD 3„S0,99.tB ,WtZt 3„ 0,95. -KN i <}- 0� p U � 00j N of O d O O Cp U + p O� -0U a N� o O � V � p� I� \ WW In O Lf� 0 W� 00of Q M O � J z "O U _ O d o �w w O � � J ZO In O U� �� 90'91+SSL ld K - D 3„OL,99AM Zl ("09 -SD 3„00,9t.95N) (1J J O wz Ln p o” O Q N� Opp CD Q \W O� v oo�FN O oQ�NO �VroMao Jz�Oz Q, I � U 0 CN — adOa ISI-]JOVH Qa00rnca 2 cV V O U ,r, — W r r mL��� Ln zzcncn 0 z U W Z�Ntn<t J J J J J H RICH WITH OPPORTUNITY [I ILI . ( T - E - X - A - S TO: FROM: PREPARED BY: MEETING DATE: REQUESTED ACTION: RECOMMENDATION City Council Agenda Item City Council Kyle Hayes, City Manager cLn Laura Clark, Chief Financial Officer March 8, 2011 Council consider approving exercising an option to extend a contract for investment management services. Administration recommends approval to exercise an option for a two-year extension of a contract with Valley View Consulting, L.L.C., for an annual fee of .04% (4 basis points) of the average quarterly fund balance for all funds designated as Investable Funds. BACKGROUND On April 28, 2009, by Resolution No. 09-115, the Council authorized the execution of a two- year contract with Valley View Consulting, L.L.C., for an annual fee of .04% (4 basis points) of the average quarterly fund balance for all funds designated as Investable Funds. During the last two years, the City has been pleased with the services provided by Valley View Consulting which has included assisting the City in developing cash flow projections, suggesting appropriate investment strategies to achieve the City's objectives, advising Staff on market conditions, general information, and economic data, analyzing risk/return relationships between various investment alternatives, assisting in the selection, purchase and sale of investment securities, predominantly certificates of deposits, and preparing quarterly investment reports. BUDGETARYIMPACT During FY 2010, the City paid $37,924 to Valley View for their services. Funds are budgeted in the Finance Department's operating budget. 9` r AGREEMENT BY AND BETWEEN CITY OF BEAUMONT, TEXAS AND VALLEY VIEW CONSULTING, L.L.C. It is understood and agreed that the City of Beaumont (the Investor) will have from time to time money available for investment (Investable Funds) and Valley View Consulting, L.L.C. (Advisor) has been requested to provide professional services to the Investor with respect to the Investable Funds. This agreement (the Agreement) constitutes the understanding of the parties with regard to the subject matter hereof 1. This Agreement shall apply to any and all Investable Funds of the Investor from time to time during the period in which this Agreement shall be effective. 2. The Advisor agrees to provide its professional services to direct and coordinate all programs of investing as may be considered and authorized by the Investor. 3. The Advisor agrees to perform the following duties: a. Assist the Investor in developing cash flow projections, b. Suggest appropriate investment strategies to achieve the Investor's objectives, c. Advise the Investor on market conditions, general information and economic data, d. Analyze risk/return relationships between various investment alternatives, e. Attend periodic meetings as requested by the Investor, f. Assist in the selection, purchase and sale of investment securities. The Advisor shall not have discretionary investment authority over the Investable Funds and the Investor shall make all decisions regarding purchase and sale of investments. Those investment securities are listed in the Investor's Investment Policy, g. Advise on the investment of bond funds as to provide the best possible rate of return to the Investor in a manner which is consistent with the proceedings of the Investor authorizing the investment of the bond funds or applicable federal rules and regulations, and h. Assist the Investor in creating investment reports in compliance with State legislation and the Investor's Investment Policy. 4. The Investor agrees to: a. Compensate the Advisor for any and all services rendered and expenses incurred as set forth in Appendix A attached hereto, b. Provide the Advisor with the schedule of estimated cash flow requirements related to the Investable Funds, and will promptly notify the Advisor as to any changes in such estimated cash flow projections, c. Allow the Advisor to rely upon all information regarding schedules, investment policies and strategies, restrictions, or other information regarding the Investable Funds as provided to it by the Investor and that the Advisor shall have no responsibility to verify, through audit or investigation, the accuracy or completeness of such information, d. Recognize that there is no assurance that recommended investments will be available or that such will be able to be purchased or sold at the price recommended by the Advisor, and e. Not require the Advisor to place any order on behalf of the Investor that is inconsistent with any recommendation given by the Advisor or the policies and regulations pertaining to the Investor. 5. In providing the investment services in this Agreement, it is agreed that the Advisor shall have no liability or responsibility for any loss or penalty resulting from any investment made or not made in accordance with the provisions of this Agreement, except that the Advisor shall be liable for its own gross negligence or willful misconduct; nor shall the Advisor be responsible for any loss incurred by reason of any act or omission of any broker, selected with reasonable care by the Advisor and approved by the Investor, or of the Investor's custodian. Furthermore, the Advisor shall not be liable for any investment made which causes the interest on the Investor's obligations to become included in the gross income of 11he owners thereof. 6. The fee due to the Advisor in providing services pursuant to this Agreement shall be calculated in accordance with Appendix A attached hereto, and shall become due and payable as specified. Any and all expenses for which the Advisor is entitled -to reimbursement Mi accordance with Appendix A attached hereto shall become due and payable at the end of each calendar quarter in which such expenses are incurred. 7. This Agreement shall become effective at the date of acceptance by the Investor as set out herein below and remain in effect for two (2) years with the option of the Investor to extend this Agreement in additional two year periods. Provided, however, the Investor or Advisor may terminate this Agreement upon thirty (30) days written notice to the other party. In the event of such termination, it is understood and agreed that only the amounts due to the Advisor for services provided and expenses incurred to and including the date of termination will be due and payable. No penalty will be assessed for termination of this Agreement. In the event this Agreement is terminated, all investments and/or funds held by the Advisor shall be returned to the Investor as soon as practicable. In addition, the parties hereto agree that upon termination of this Agreement the Advisor shall have no continuing obligation to the Investor regarding the investment of funds or performing any other services contemplated herein. 8. The Advisor reserves the right to offer and perform these and other services for various other clients. The Investor agrees that the Advisor may give advice and take action with respect to any of its other clients, which may differ from advice given to the Investor. The Investor agrees to coordinate with and avoid undue demands upon the Advisor to prevent conflicts with the performance of the Advisor towards its other clients. 9. The Advisor shall not assign this Agreement without the express written consent of the Investor. 10. By initialing the appropriate line, Investor acknowledges that: 1) _X_ Investor was provided a written copy of Part H of Form ADV not less than 48 hours prior to entering into this written contract, or 2) Investor received a written copy of Part H of Form ADV at the time of entering into this contract and has the right to terminate this contract without penalty within five business days after entering into this contract. 3) Investor is renewing an expiring contract and has received in the past, and offered annually, a written copy of Part H of Form ADV. This Agreement is submitted in duplicate originals. When accepted by the Investor, it, together with Appendix A attached hereto, will constitute the entire Agreement between the Investor and Advisor for the purposes and the consideration herein specified. Acceptance will be indicated on both copies and the return of one executed copy to Advisor. Resp tfully submitted, ichard G. Long, Jr. Manager, Valley View Consulting, L.L.C. This agreement is hereby agreed to and executed on behalf of the City of Beaumont, Texas. UN L t City of Beaumont, Texas Date: q- ,ZS - D 9 APPENDIX A FEE SCHEDULE AND EXPENSE ITEMS In consideration for the services rendered by the Advisor in connection with the investment of the Investable Funds designated by the Investor, it is understood and agreed that the fee will be as follows: The Advisor shall receive an annual fee of .04% (4 basis points) of average quarterly fund balance for all funds designated as Investable Funds. In the event a flexible repurchase agreement or other similar investment option is utilized, the Advisor shall receive a normal and customary fee within the guidelines of the Internal Revenue Service, in lieu of Agreement Fee. Expenses: Said fee includes all costs of services related to this Agreement, and all travel and business expense related to periodic meeting attendance. With pre -trip Investor approval, the Advisor may also request reimbursement for special meeting or event travel and business expense. The obligation of the Advisor to pay expenses shall not include any costs incident to litigation, mandamus action, test case or other similar legal actions. Any other fees retained by the Advisor shall be disclosed to the Investor. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: WHEREAS, on April 28, 2009, City Council approved Resolution 09-115 authorizing a contract with Valley View Consulting, L.L.C., for professional services to direct and coordinate all programs of investing as may be considered and authorized by the City for an annual fee of .04% (4 basis points) of the average quarterly fund balance for all funds designated as Investable Funds; and, WHEREAS, the City would like to exercise an option for a two-year extension of the contract with Valley View Consulting, L.L.C., for an annual fee of .04% (4 basis points) of the average quarterly fund balance for all funds designated as Investable Funds. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT the City Manager be, and he is hereby, authorized to extend a contract with Valley View Consulting, L.L.C., for professional services to direct and coordinate all programs of investing as may be considered and authorized by the City for an annual fee of .04% (4 basis points) of the average quarterly fund balance for all funds designated as Investable Funds. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 8th day of March, 2011. - Mayor Becky Ames - RICH WITH OPPORTUNITY 11EA,1[111U111T T• E• X- A• S TO: FROM: PREPARED BY: MEETING DATE: REQUESTED ACTION: City Council Agenda Item City Council Kyle Hayes, City Manager Tina Broussard, City Clerk, TRMC March 8, 2011 Council consider approving a contract with Jefferson County for the rental of election equipment and supplies for the May 14, 2011 General Election RECOMMENDATION The Administration recommends approving a contract with Jefferson County for the May 14, 2011, General Election in the amount of $6,838.00. BACKGROUND The City of Beaumont has called its May 14, 2011, General Election to order this election will be held jointly with the Beaumont Independent School District as well as the Port of Beaumont. The contract allows Jefferson County to provide certain election equipment necessary to conduct the election. Please note that the amount of the contract does not include funding for poll workers or facilities. BUDGETARYIMPACT Funds are budgeted in the City Clerk's operating election budget. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to execute an interlocal agreement with Jefferson County for the rental of certain election equipment and supplies for the May 14, 2011 General Election. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 8th day of March, 2011. - Mayor Becky Ames - J RICH WITH OPPORTUNITY [IEA,UMON* T• E• X• A• S TO: City Council Agenda Item City Council FROM: Kyle Hayes, City Manager P.D. PREPARED BY: Patrick Donart, Public Works Director MEETING DATE: March 8, 2011 REQUESTED ACTION: Council approve a resolution authorizing the City Manager to submit an application to the Texas Department of Transportation for temporary use of State of Texas right-of- way for the Gusher Marathon. RECOMMENDATION Administration recommends City Council to authorize the City Manager to submit an application for temporary use of State of Texas right-of-way for the Gusher Marathon. BACKGROUND The Gusher Marathon is planned for March 12, 2011 and will require full road closures along much of the route. Portions of the marathon route are located within the Texas Department of Transportation's roadway system. If approved, the application will allow the City of Beaumont to close state roadways for the purpose of the marathon. The resolution will state that the roadways will be closed to serve public interest and deem the City of Beaumont responsible for any damages or accidents that may occur and hold harmless TxDOT and the State of Texas. BUDGETARYIMPACT The application will have no budgetary impact. 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 an application to the Texas Department of Transportation for temporary use of State of Texas right-of-way for the Gusher Marathon planned for March 12, 2011. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 8th day of March, 2011. - Mayor Becky Ames - L;:1 RIGH WITH OPPORTUNITY [1EA,[1M011 T• E• X• A• S TO: FROM: PREPARED BY: MEETING DATE: REQUESTED ACTION: City Council Agenda Item City !Council Kyle Hayes, City Manager Laura Clark, Chief Financial Officer Ute-' March 8, 2011 Council consider approving a resolution to write-off uncollectible water accounts. RECOMMENDATION The administration requests approval of a resolution to write-off uncollectible water accounts totaling $21,841.23, for which each individual account exceeds $1,000.00. BACKGROUND This request is in accordance with the write-off policy approved by City Council on December 21, 1999. The policy gives Council the final authority to write-off an individual account receivable identified as uncollectible when the balance due exceeds $1,000.00. All accounts have been terminated for at least one year and collection efforts have been unsuccessful. The termination dates for these accounts range from August of 2008 through November of 2009. A detailed report is attached. Auditors have requested that uncollectible balances be cleared from subsidiary ledgers. If at anytime an account becomes collectible after having been written -off, the receivables of the City will be adjusted accordingly. The balance of the account will be reinstated and payments will be applied to the balance. In addition, the customer will not be able to obtain new water service with the City until the delinquent balance has been paid. BUDGETARY IMPACT None RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT, in accordance with adopted policy, the Council hereby approves the write-off of uncollectible water accounts totaling $21,841.23 for which each individual account exceeds $1,000, as shown on Exhibit "A" attached hereto. PASSED by the City Council of the City of Beaumont this the 8th day March, 2011. - Mayor Becky Ames - H 00 ti(4 m u u o K ox � P T4 x I ' H W N U2 ru ,] Pu i P W 1 8 Q I I Eo z O H lF �z H (7 Q z� 0 H H�V �qzu O 2 N ra e fL au f+1 sC u U1 m W O O H I O �We1 fYo i I FFa H A H U 1 i y au �u Ua zz pp�� DA I E O I F WWU 1 t] I a p U 1 u NI 41 1 ,bl 0�3 i Aa no I � H H iJ' aao as C,NaigHA N SNI 10 1 H D 07 I O O � wH a „b„ 1181HX3 01 w w w w w w w ”' w r H b a m H a N a H H H 0 0 0 0 0 0 0 o a o \ \ \ \ m ul of M o lu to u1 N \ \ \ \ \ \ \ \ \ \ b N N b O m m W b n H H N N m N H n M b O1 m 01 O N M In b. m a Ul m N M N a ,0 m 61 M ill N c a a H N 4 O H m N W O a W N N W N a H M W b H b H O H H N n N N N 01 a C, b H O a m P m Ln m In m O N C, N 00 a _ N O h lO 01 N H t0 1 N M In N m In H In H a a m l+l Cl N 1C N t'1 m m b 01 m 0, O 1(1 M N b m 0 N m M N m M Cl N O, a m b C1 m 0 m M m m m N H a p a o a o H o Ln o 0 0 0 o H o m o N r H a C d: a a H a H a H a n w N a o a m ri V ri N v r V 14V V + v n N N H H H H H H W H W N H a \i H H H H W H H W H H \ \ \ \ \ \ \ N N N N N N N N N N N N N p O N O O O n b N m T N H m A H H rt b m a In o m r a In m H o a a M In a N m b r m O N O O O 10 O O o N a b H o a o r a o m m o M o H o In In b LA In a m n a a N N M N h 0, O M m N C1 N a M a H a a M N H N a � I m N H N M 111 U1 M In H H O O O O O M O N O r r r r n O r a L'1 r r n r dryy r rx r r.Ln M N 7C A cr��i A 4 G N A N R oS x tIn N UI m RC d Q 4 R R Q 3 g Jaz �d�a H O WCczln a in �xln r � o •azb wooazln LQ] In •Im+0.' m aazo M 0% {p[��pw mOM Oa •C70H r+or pr •pipet [p{yp,HUTA xaLn R a F b p7 u1 Ibi F o ,7 N •� 'J I'I u1 o M oul o tm+l H N Vl rl In D O T. M QH M • m In 'Ii.N'�1~ {C I� Q4N 0.' bQ' b1S p� In IS AbD m0.' S-$ O NOOIbn 0 o N 666 mMb m 0 pQ r m Q HH Om MWN ooaQm NASI (A H mC4 aMCD NQS a a Ld NW a gMma HH,R f" •T W .imr'7h MWN 01 b N O LA M N r M m14 a h H r O M V 01 O a r N q H ri r N H N Cl H b H N N V 11 N m N ~ N H OL M M a OD N H OL IF 00 b p 'i N a p N Ii M H M M N M M N 2 z Q 1 1 QHE-.I I I F i�l 1 Iw I 1 m 1 I F qHq I IWW I � i 1 1 1 FOI 10 I I F i z I I Q 1 H I E„ 1 I N IWWiW z 0 1 N 1 F W U MW d 1 M U m P, a l El H I pp` p]p U iU 90 N oaoF' " s po q12 W O H I Q (# o I H W N A 1 O tli u F F 'a V I a O I u I i U 1 U I .1 I My 1 N � y to o m� O y 1 ml z a r H U 1 Q aM H a'U H vv. 1 t H aaplRa\ Nva `aQ N N � ; H ;0,�amlx Q °; o� W U i PPPPPWCGGCC M 1 U W U 1 m m r N O H N m m N m m m m O O O b O H N O H N H O H H H H (V IO H M M O m a r a N o M H N h r{ N M r m aao M m m N N I I 1 1 m mil rn v � N N a N b H M M O m M QI H Ch N m h H .�_. N ♦ M a h v N m H H H H H N N H H H H H r! H ei H H rl N N N N N O h N1 N m N o m O O E (UUaj N F Ik M m m o m o m D q m M H M U W m o m M F N o M m W W O w 0 0 0 o q r r r r O r h r r x arC r r ?hC E o F m H F (Fp N F m N mo Nm w fll a m r Gi m pl m a p CO M m 01 00 m pp 0 Vi h a1 N N W mLn U m b M N h M M rmi N i0 N O Y %a H .al M n m m m M m S In N � u E I-1 O O V U 1 M M 1 1 1 1 1 I I-1 ei to aD r7 N N N N �i 1 ; a� �N x u ftw F 1 a0 I M rl 0 0 H S biz F F I R 1 � o wo a 1 a. oL)u U pq a o u I 1 1 1 O � H� F I � U 1 S In N � u E I-1 O O V U i U w 0 aav a O F b w a N H z uu, O .7 F O U ��i77H + W H 0 o o o tFq O 0 O o o ri 0 r u W R yUy UI a W0 o a o oS a s a s U a m N w a g w a 0 F H 9 W a a K N a w o fa a v 0 O N N ri U a I 1� RICH WITH OPPORTUNITY BEA,[1M0N* T• E• X• A• S TO: City Council Agenda Item City Council FROM: Kyle Hayes, City Manager PD. PREPARED BY: Patrick Donart, Public Works Director MEETING DATE: March 8, 2011 REQUESTED ACTION: Council consider authorizing the acceptance of a Drainage Easement. RECOMMENDATION The Administration recommends acceptance of a Drainage Easement for the proposed Storm Line Relocation for resident located at 4975 Sassafras Street. BACKGROUND Charles Dennings has agreed to convey a fifteen (15) foot wide Drainage Easement to the City of Beaumont. The Drainage Easement will allow relocation of the storm line around the west and south sides of the existing residence at 4975 Sassafras Street. This Drainage Easement is recommended for approval by the City Manager and Public Works Director. BUDGETARYIMPACT None. RESOLUTION NO. WHEREAS, Charles Demmings has offered to convey a fifteen foot (15') wide drainage easement to the City of Beaumont, said easement being out of Lot 18, Block 4 of Woodlands Addition, Unit IV, City of Beaumont, Jefferson County, Texas, as described in Exhibit "A" and shown on Exhibit "B" attached hereto; and, WHEREAS, the City Council has considered the purpose of said conveyance and is of the opinion that the acceptance of said conveyance is necessary and desirable and that same should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and THAT the easement conveyed by Charles Dennings, as described in Exhibit "A" and shown on Exhibit "B," be and the same is hereby, in all things, accepted. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 8th day of March, 2011. - Mayor Becky Ames - STATE OF TEXAS X KNOW ALL MEN BY THESE PRESENTS: COUNTY OF JEFFERSON X DRAINAGE EASEMENT THAT, CHARLES DENNINGS, hereinafter called "GRANTOR", for and in consideration of the sum of ONE AND NO/100 DOLLAR ($1.00), and other good and valuable consideration to us in hand paid by the CITY OF BEAUMONT, a municipal corporation domiciled in Jefferson County, Texas, hereinafter called "GRANTEE", the receipt and sufficiency of which consideration is hereby acknowledged, have GRANTED, SOLD and CONVEYED, and by these presents do GRANT, SELL and CONVEY unto the CITY OF BEAUMONT, P. O. Box 3827, Beaumont, Texas 77704, Jefferson County, Texas, its successors and assigns, Drainage Easements and the right to construct, alter, and maintain drainage improvements and appurtenances on the hereinafter described lands which said easements are under, over, in and across that certain tracts or parcels of land owned by GRANTORS situated in the County of Jefferson, State of Texas, and being more particularly described in Exhibit "A" attached and made a part hereof for all purposes. The easements herein granted shall be used for the purpose of placing, constructing, operating, repairing, rebuilding, replacing, relocating, and removing drainage structures, canals, ditches and appurtenances, and the following rights are also hereby conveyed: It is expressly understood and agreed that the City of Beaumont shall have the right of ingress to and egress from the tracts of land hereinbefore described and use of the same for the purposes aforesaid, and giving said City the right and privilege to improve, maintain and operate the same as permitted by law. GRANTOR agree not to place any structures or appurtenances within the Easement Property. EXHIBIT "A" Grantee shall not be responsible for the repair and replacement of any paving or other structures within the Easement Property. TO HAVE AND TO HOLD the above described easements and right-of-way unto the said CITY OF BEAUMONT, its successors and assigns forever. EXECUTED this day of GRANTOR: ACKNOWLEDGMENT STATE OF TEXAS X COUNTY OF JEFFERSON X This instrument was acknowledged before me on CHARLES DENNINGS. RETURN TO: City of Beaumont Antoinette Hardy P. O. Box 3827 Beaumont, TX 77704 , 2011. , 2011, by Notary Public, State of Texas Fittz&Shipman INC. EXHIBIT "A", PAGE 1 OF 5 FIELD NOTE DESCRIPTION Consulting Engineers and Land Surveyors OF A 0.0617 ACRE TRACT FOR A 15' WIDE DRAINAGE EASEMENT OUT OF LOT 18, BLOCK 4 OF WOODLANDS ADDITION, UNIT IV JEFFERSON COUNTY, TEXAS FEBRUARY 9, 2011 TRACT 1 Ronald D. Fittz, P.E., R.P.L.S. (1948-1987) Terry G. Shipman, Chairman of Board Billy J. Smith, Jr., President Donald R. King, P.E. Michelle Falgout, P.E. Walter). Ksiazek, R. P. L.S. That certain 0.0617 acre tract for a 15' wide drainage easement out of Lot 18, Block 4 of Woodlands Addition, Unit IV, a plat recorded in Volume 13, Page 8 of the Map Records of Jefferson County, Texas, said Lot 18 being conveyed to Charles E. Dennings as recorded in Clerks File No. 2003004305 of the Official Public Records of Jefferson County, Texas, said 0.0617 acres being more particularly described by metes and bounds as follows: NOTE: Basis of Bearings is the east line of Lot 17, Block 4 of said Woodlands Addition, Unit IV having been called South 00°28'24" East 130.66 feet. BEGINNING at a capped iron rod found in the south right-of-way line of Sassafras Street for the northeast corner of Lot 19 of said Woodlands Addition, Unit IV and the northwest corner of said Lot 18 and the said 0.0617 acre tract from which a'/z" iron rod found the said south right-of-way line of Sassafras Street bears South 85042'46" West 77.16 feet; THENCE North 83016'48" East along the said south right-of-way line of Sassafras Street and the north line of said Lot 18 and the said 0.0617 acre tract a distance of 15.25 feet (called North 83038'17" East) to a point for the northeast corner of the said 0.0617 acre tract from which a'/" iron rod found for the northeast corner of said Lot 17 bears North 83°16'48" East 145.68 feet (called North 83038'17" East); THENCE South 00031'37" East along an interior line of the said 0.0617 acre tract a distance of 109.94 feet to a point for an interior corner of the said 0.0617 acre tract; THENCE North 89033'17" East along an interior line of the said 0.0617 acre tract a distance of 54.93 feet to a point for an exterior corner of the said 0.0617 acre tract; THENCE South 00028'14" East along the east line of the said 0.0617 acre tract a distance of 15.00 feet to a point for the southeast corner of the said 0.0617 acre tract; THENCE South 89033'17" West along the south line of the said 0.0617 acre tract a distance of 69.92 feet to a point in the east line of said Lot 19 and the west line of said Lot 18 for the southwest corner of the said 0.0617 acre tract; FITTZ & SHIPMAN, INC. Page 1 of 2 Project No. l 1013.000OTRI Plat & Description 1405 Cornerstone Court • Beaumont, Texas 77706 • (409) 832-7238 • fax (409) 832-7303 Tx Board of Prof Engineers Firm No. 1160 • Tx Board of Prof Land Surveyors Firm No. 100186 EXHIBIT "A", PAGE 2 OF 5 THENCE North 00031'37" West along the said east line of Lot 19 and the west line of Lot 18 and the said 0.0617 acre .tract a distance of 123.29 feet (called North 00028'24" West) to the POINT OF BEGINNING and containing 0.0617 acres of land, more or less. This Field Note Description is based on a survey performed by Fittz & Shipman, Inc. during January 2011. Walter J. Ksiaze Registered Professio al Land Vrveyor No. 5321 FITTZ & SHIPMAN, INC Page 2 of 2 Project No. 11013.000OTRI Plat & Description Fittz&Shipman INC. EXHIBIT "A", PAGE 3 OF 5 FIELD NOTE DESCRIPTION Consulting Engineers and Land Sumeyots OF A 0.0268 ACRE TRACT FOR THE ABANDONMENT OF A PORTION OF A 10' WIDE DRAINAGE EASEMENT OUT OF LOT 17 AND 18, BLOCK 4 OF WOODLANDS ADDITION, UNIT IV JEFFERSON COUNTY, TEXAS FEBRUARY 9, 2011 TRACT 2 Ronald D. Fittz, P.E., R.P.L.S. (1948-1987) Terry G. Shipman, Chairman of Board Billy J. Smith, Jr., President Donald R. King, P.E. Michelle Falgout, P.E. Walter J. Ksiazek, R.P.L.S. That certain 0.0268 acre tract for the abandonment of a portion of a 10' wide drainage easement out of Lot 17 and 18, Block 4 of Woodlands Addition, Unit IV, a plat recorded in Volume 13, Page 8 of the Map Records of Jefferson County, Texas, said Lot 17 being conveyed to Charles E. Dennings as recorded in Clerks File No. 2003021021 of the Official Public Records of Jefferson County, Texas and said Lot 18 being conveyed to Charles E. Dennings as recorded in Clerks File No. 2003004305 of the Official Public Records of Jefferson County, Texas, said 0.0268 acres being more particularly described by metes and bounds as follows: NOTE. Basis of Bearings is the east line of Lot 17, Block 4 of said Woodlands Addition, Unit IV having been called South 00°28'24" East 130.66 feet. COMMENCING at a capped iron rod found in the south right-of-way line of Sassafras Street for the northeast corner of Lot 19 of said Woodlands Addition, Unit IV and the northwest corner of said Lot 18 from which a'/s" iron rod found in the said south right-of-way line of Sassafras Street bears South 85042'46" West 77.16 feet; THENCE North 83016'48" East along the said south right-of-way line of Sassafras Street and the north line of said Lot 18 a distance of 70.46 feet (called North 83038'17" East) to a point for the northwest corner of the said 0.0268 acre tract and the POINT OF BEGINNING; THENCE North 83016'48" East continuing along the said south right-of-way line of Sassafras Street and the said north line of Lot 18 and 17 a distance of 10.06 feet (called North 83038'17" East) to a point for the northeast corner of the said 0.0268 acre tract from which a 3/" iron rod found for the northeast corner of said Lot 17 bears North 83°16'48" East 80.41 feet (called North 83038'17" East); THENCE South 00028'14" East along the east line of the said 0.0268 acre tract a distance of 117.09 feet to a point for the southeast corner of the said 0.0268 acre tract; THENCE South 89033'17" West along the south line of the said 0.0268 acre tract a distance of 10.00 feet to a point for the southwest corner of the said 0.0268 acre tract; FITTZ & SHIPMAN, INC. Page 1 of 2 Project No. 11013.00OOTR2 Plat & Description 1405 Cornerstone Court • Beaumont, Texas 77706 • (409) 832-7238 • fax (409) 832-7303 Tx Board of Prof Engineers Firm No. 1160 • Tx Board of Prof Land Surveyors Firm No. 100186 EXHIBIT "A", PAGE 4 OF 5 THENCE North 00028'14" West along the west line of the said 0.0268 acre tract a distance of 115.99 feet to the POINT OF BEGINNING and containing 0.0268 acres of land, more or less. This Field Note Description is based on a survey performed by Fittz & Shipman, Inc. during January 2011. Walter J. Ksiazek Registered Professional Land S eyor No. 5321 F TF TER J. KSIAZFM ��itt+v c{4 FITTZ & SHIPMAN, INC. Page 2 of 2 Project No. 11013.000OTR2 Plat & Description EXHIBIT "A". PAGE 5 OF 5 NUMBER DIRECTION DISTANCE L1 S 00.31'37" E 109.94 L2 N 89'33'17" E 54.93 L3 S 0078'14" E 15.00 L4 S 89'33'17" W 69.92 L5 S 00'28'14" E 117.09 1-6 1 S 8933'17" W 110.00 1-7 1 N 00.28'14' W 115.99 SURVEYOR'S CERTIFICATION: WOODLANDS UNIT III ON THE GROUND UNDER MY SUPERVISION DURING JANUARY 2011. VOL. 13, PG. 7, M.R.J.C. FENCE WALTER J. KSIAZEK vw REGISTERED PROFESSIONAL LA SURVEYOR 0. .321 �' B L 0 C K 4 LOT 7 FORTING CORNER A L 0:\PROJECTS\11013 4975 SASSAFRAS\00\11013Es ts.dwg Feb 14, 2011 01:36pm FOUND ABANDONMENT OF A PORTION OF A 10' WIDE SHEET NO. Fittz&Shipman DRAINAGE EASEMENT INC. PROMM NAK& CHARLES E. DENNINGS, SR. LOT 8 IRONPPED ROD�_ S1OM AQ79 SASSAFRAS STREET r— 76.25) 1(40 CORNERSTONE COURT. ONI EXHIBIT "B" 1,AONT TEXAS PROJECT NO. (409)BEAU3: (409) 832-7238 FAX (409) 83: n DATE: 2-8-11 11013 S 9.3146^ " FOUND1/200 (cA 7D 9 n IRON ROD _ � S 79 31 4W x.34 i w o (CO, 79'1112 EASEN'ENT 16 UTILITY SIDE _ �j /L "N LOT 19 B L 0 K 4cq cq" LOT 16 3 LOT 17 LOT 18 a e m I ro o TRACT 1 Z low .!2 15' WIDE DRAINAGE / o 0 a< w TRACT 2 mopo s ABANDONMENT N n 0.066177 ACRES '' I Z u o IN bo C4 OF A PORTION J J OF A 10' DRAINAGE m EASEMENT W 0.0268 ACRE 0.0268 a N \ FOUND 1/2'--) IRON ROD — 1 POINT OF — _ 25' BUILuNE \ BEGINNING S 857716 • W TRACT 2 09 15.01 N 55.37 POINT OF 80.41E 160.93 BEGINNING N 83'16'48 160.93) E TRACT 1 (CALLED N 63'38'17 COMMENCING POINT 4975 SASSAFRAS TRACT 2 FOUND 3/4^ IRON ROD FOUND CAPPED IRON ROD SURVEYOR'S CERTIFICATION: I DO HEREBY CERTIFY, TO THE BEST OF MY KNOWLEDGE AND BELIEF, Q THAT THIS IS AN ACCURATE PLAT OF A SURVEY k OESCRIPTKkI MADE�l,��•00 �y ON THE GROUND UNDER MY SUPERVISION DURING JANUARY 2011. wpLTER J. KsiAZFr WALTER J. KSIAZEK vw REGISTERED PROFESSIONAL LA SURVEYOR 0. .321 �' v�dty �0-tA ;"e• pQ svv-+�� 0 15 0 A L 0:\PROJECTS\11013 4975 SASSAFRAS\00\11013Es ts.dwg Feb 14, 2011 01:36pm 15' WIDE DRAINAGE EASEMENT AND THE ABANDONMENT OF A PORTION OF A 10' WIDE SHEET NO. Fittz&Shipman DRAINAGE EASEMENT INC. PROMM NAK& CHARLES E. DENNINGS, SR. 5' S1OM AQ79 SASSAFRAS STREET 1(40 CORNERSTONE COURT. ONI EXHIBIT "B" 1,AONT TEXAS PROJECT NO. (409)BEAU3: (409) 832-7238 FAX (409) 83: n DATE: 2-8-11 11013 M RICH WITH OPPORTUNITY 11EA,[1MC111* T• E• X• A• S TO: FROM: PREPARED BY: MEETING DATE: REQUESTED ACTION: City Council Agenda Item City Council Kyle Hayes, City Manager Laura Clark, Chief Financial Officer V March 8, 2011 Council consider authorizing the City Manager to execute a Lease Agreement with David Derharoutian. RECOMMENDATION Administration recommends authorizing the City Manager to execute a one (1) year Lease Agreement with David Derharoutian (Landlord) for the use of property located at 8155 Phelan Blvd., Beaumont, Texas. BACKGROUND EMS Med No. 4 has operated at 8155 Phelan Blvd., an 800 square foot facility, since April 2004. The current lease of $1,175.20 per month will expire on March 31, 2011. The Landlord has proposed a new one (1) year lease with the rental rate remaining at $1,175.20 per month. The new lease will begin on April 1, 2011 and end on March 31, 2012. All other provisions of the lease will remain the same. All utilities will be paid by the City, and minor maintenance of the facility, such as the air conditioning filter replacement and grounds maintenance, will be the responsibility of the City. Ingrid Holmes, Public Health Director, approves of the terms of the proposed new lease. A copy of the proposed lease in its substantial form is attached for your review. BUDGETARYIMPACT Lease payments of $1,175.20 per month total $14,102.40 over the term of the lease. Funds are budgeted in the EMS Division's operating budget. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to execute a one (1) year Lease Agreement, substantially in the form attached hereto as Exhibit "A," in the amount of $1,175.20 per month with David Derharoutian (Landlord) for the use of property located at 8155 Phelan Boulevard, Beaumont, Texas, for EMS Med No. 4. The new lease would begin April 1, 2011 and end March 31, 2012. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 8th day of March, 2011. - Mayor Becky Ames - �I' TEXAS ASSOCIATION OF REALTORS® COMMERCIAL LEASE USE OF THIS FORM BY PERSONS WHO ARE NOT MEMBERS OF THE TEXAS ASSOCIATION OF REALTORS® IS NOT AUTHORIZED. OTsxas Assocladon of REALTORS®, Inc. 2010 Ng, Paragraph Description P-9. 1. Parties 2 2. Leased Premises 2 3. Term 2 26. A. Term 11 27. B. Delay of Occupancy 11 4. Rent and Expenses 3 29. A. Base Monthly Rent 12 30. B. First Full Month's Rent 12 31. C. Prorated Rent 12 32. D. Additional Rent 13 33. E. Place of Payment 13 34. F. Method of Payment 13 35. G. Late Charges 14 36. H. Returned Checks 14 5. Security Deposit 4 6. Taxes 4 7. Utilities 4 8. Insurance 5 9. Use and Hours 6 10. Legal Compliance 6 11. Signs 7 12. Access By Landlord 7 13. Move -In Condition 7 14. Move -Out Condition 7 15. Maintenance and Repairs 8 A. Cleaning B. Conditions Caused by a Party C. Repair & Maintenance Responsibility D. Repair Persons E. HVAC Service Contract F. Common Areas G. Notice of Repairs H. Failure to Repair 16. Alterations 9 17. Liens 9 18. Liability 10 19. Indemnity 10 20. Default 10 21. Abandonment, Interruption of Utilities, Removal of Property & Lockout 10 Iir•�' • 1 DescriptiloTr' 22. Holdover 10 23. Landlord's Lien & Security Interest 11 24. Assignment and Subletting 11 25. Relocation 11 26. Subordination 11 27. Estoppel Certificates & Financial Info. 11 28. Casualty Loss 12 29. Condemnation 12 30. Attorney's Fees 12 31. Representations 12 32. Brokers 13 33. Addenda 13 34. Notices 13 35. Special Provisions 14 36. Agreement of the Parties 14 ADDENDA & EXHIBITS (check all that apply) Exhibit Exhibit Commercial Lease Addendum for Brokers Fee (TAR -2102) Commercial Lease Addendum for Expense Reimbursement (TAR -2103) Commercial Lease Addendum for Extension Option (TAR -2104) Commercial Lease Addendum for Percentage Rent (TAR -2106) Commercial Lease Addendum for Parking (TAR -2107) Commercial Landlord's Rules and Regulations (TAR -2108) Commercial Lease Guaranty (TAR -2109) Commercial Lease Addendum for Right of First Refusal (TAR -2105) Commercial Lease Addendum for Optional Space (TAR -2110) Commercial Lease Addendum for Construction (TAR -2111) or (TAR -2112) Commercial Lease Addendum for Contingencies (TAR -2119) Information About Brokerage Services (TAR -2101) 1-26-10 Initialed for Identification by Landlord: and Tenant: Page 1 of 15 American Real Estate 3550 Dowlen Rd, Suite A Beaumont, TX 77706 Phone: 409.866.9129 Fax: Kelli Maness D.DERHAROUTI Produced with ZipForrrl@ by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www zipL4pix cn_m EXHIBIT "A" 4111,h V TEXAS ASSOCIATION OF REALTORS® COMMERCIAL LEASE USE OF THIS FORM BY PERSONS WHO ARE NOT MEMBERS OF THE TEXAS ASSOCIATION OF REALTORS® IS NOT AUTHORIZED. ®Texas Association of REALTORS®, Inc. 2010 1. PARTIES: The parties to this lease are: Landlord: and Tenant: CITY OF BEAUMONT 2. LEASED PREMISES: A. Landlord leases to Tenant the following described real property, known as the 'leased premises," along with all its improvements (Check only one box): ❑ (1) Multiple -Tenant Property: Suite or Unit Number containing approximately square feet of rentable area in (project name) at (address) in (city), (county), Texas, which is legally described on attached Exhibit or as follows: Q (2) Single -Tenant Property: The real property at: 8155 PHELAN (address) in BEAUMONT (city), JEFFERSON (county), Texas, which is legally described on attached Exhibit Q. WILLIAMS or as follows: ABSTRACT 59 TR 72-A SP -6 BLOCK 18 B. If Paragraph 2A(1) applies: (1) "Property" means the building or complex in which the leased premises are located, inclusive of any common areas, drives, parking areas, and walks; and (2) the parties agree that the rentable area of the leased premises may not equal the actual or useable area within the leased premises and may include an allocation of common areas in the Property. The rentable area ❑ will ❑ will not be adjusted if re -measured. 3. TERM: A. Term: The term of this lease is 12 months and -0- days, commencing on: APRIL 1. 2011 (Commencement Date) and ending on MARCH 31, 2012 (Expiration Date). (TAR -2101) 1-26-10 Initialed for Identification by Landlord: and Tenant: Page 2 of 15 Produced with ZipForm@ by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www zipLQgix cam D.DERHAROUTI 8155 PHELAN Commercial Lease concerning: BEAUMONT , B. Delay of Occupancy: If Tenant is unable to occupy the leased premises on the Commencement Date because of construction on the leased premises to be completed by Landlord that is not substantially complete or a prior tenant's holding over of the leased premises, Landlord will not be liable to Tenant for such delay and this lease will remain enforceable. In the event of such a delay, the Commencement Date will automatically be extended to the date Tenant is able to occupy the Property and the Expiration Date will also be extended by a like number of days, so that the length of this lease remains unchanged. If Tenant is unable to occupy the leased premises after the 90th day after the Commencement Date because of construction on the leased premises to be completed by Landlord that is not substantially complete or a prior tenant's holding over of the leased premises, Tenant may terminate this lease by giving written notice to Landlord before the leased premises become available to be occupied by Tenant and Landlord will refund to Tenant any amounts paid to Landlord by Tenant. This Paragraph 36 does not apply to any delay in occupancy caused by cleaning or repairs. C. Unless the parties agree otherwise, Tenant is responsible for obtaining a certificate of occupancy for the leased premises if required by a governmental body. 4. RENT AND EXPENSES: A. Base Monthly Rent: On or before the first day of each month during this lease, Tenant will pay Landlord base monthly rent as described on attached Exhibit N/A or as follows: Dates Rate per rentable sc From To M nthly Rate uare foot (optional) Annual Rate Base Monthly Rent / rsf / mo:nqth / rsf / vearl B. Additional Rent: In addition to the base monthly rent, Tenant will pay Landlord all other amounts, as provided by the attached (Check all that apply.): ❑ (1) Commercial Lease Addendum for Expense Reimbursement (TAR -2103) ❑ (2) Commercial Lease Addendum for Percentage Rent (TAR -2106) ❑ (3) Commercial Lease Addendum for Parking (TAR -2107) ❑ (4) All amounts payable under the applicable addenda are deemed to be "rent" for the purposes of this lease. C. First Full Month's Rent: The first full monthly rent is due on or before APRIL 1. 2011 D. Prorated Rent: If the Commencement Date is on a day other than the first day of a month, Tenant will pay Landlord as prorated rent, an amount equal to the base monthly rent multiplied by the following fraction: the number of days from the Commencement Date to the first day of the following month divided by the number of days in the month in which this lease commences. The prorated rent is due on or before the Commencement Date. E. Place of Payment: Tenant will remit all amounts due Landlord under this lease to the following person at the place stated or to such other person or place as Landlord may later designate in writing: Beaumont.n (TAR -2101) 1-26-10 Initialed for Identification by Landlord: and Tenant: Page 3 of 15 Produced with ZipForrrog) by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 Ieoeoel.7*pLna4x CAm D.DERHAROUTI 8155 PHELAN Commercial Lease concerning: BEAUMONT F. Method -of Payment: Tenant must pay all rent timely without demand, deduction, or offset, except as permitted by law or this lease. If Tenant fails to timely pay any amounts due under this lease or if any check of Tenant is returned to Landlord by the institution on which it was drawn, Landlord after providing written notice to Tenant may require Tenant to pay subsequent amounts that become due under this lease in certified funds. This paragraph does not limit Landlord from seeking other remedies under this lease for Tenant's failure to make timelypayments with good funds. Shall 6e. ect,+nll,eA 6 55a.001 of -NNe. -ryas svernmen+CQC6, G. Late Charges: the date it is due, Tenant will pay Landlord a late char amount due. In this paragraph, e e an lord. The late charge is a cost associated with the coll andlor s ate charge does not waive ' o exercise remedies under Paragraph 20. H. Returned Checks: Tenant will pay $ 25.00 for each check Tenant tenders to Landlord which is returned by the institution on which it is drawn for any reason, plus any late charges until Landlord receives payment. 5. SECURITY DEPOSIT: A. Upon execution of this lease, Tenant will pay $ deposit. to Landlord as a security B. Landlord may apply the security deposit to any amounts owed by Tenant under this lease. If Landlord applies any part of the security deposit during any time this lease is in effect to amounts owed by Tenant, Tenant must, within 10 days after receipt of notice from Landlord, restore the security deposit to the amount stated. C. Within 60 days after Tenant surrenders the leased premises and provides Landlord written notice of Tenant's forwarding address, Landlord will refund the security deposit less any amounts applied toward amounts owed by Tenant or other charges authorized by this lease. 6. TAXES: Unless otherwise agreed by the parties, Landlord will pay all real property ad valorem taxes assessed against the leased premises. 7. UTILITIES: A. The party designated below will pay for the following utility charges to the leased premises and any connection charges for the utilities. (Check all that apply.) NLA Landlord Tenant (1) Water ❑ ❑ Q (2) Sewer ❑ ❑ Q (3) Electric ❑ ❑ Q (4) Gas ❑ ❑ Q (5) Telephone ❑ ❑ Q (6) Internet ❑ ❑ Q (7) Cable ❑ ❑ I] (8) Trash ❑ ❑ Q (9) ❑ ❑ ❑ (10)All other utilities ❑ ❑ Q B. The party responsible for the charges under Paragraph 7A will pay the charges directly to the utility service provider. The responsible party may select the utility service provider except that if Tenant selects the provider, any access or alterations to the Property or leased premises necessary for the utilities may be made only with Landlord's prior consent, which Landlord will not unreasonably withhold. If Landlord incurs any liability for utility or connection charges for which Tenant is responsible to pay and Landlord pays such amount, Tenant will immediately upon written notice from Landlord reimburse Landlord such amount. (TAR -2101) 1-26-10 Initialed for Identification by Landlord: and Tenant: Page 4 of 15 Produced with ZipFormg) by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www aipLnoiYcorn D.DERHAROUTI 8155 PHELAN Commercial Lease concerning: BEAUMONT C. Notice: Tenant should determine if all necessary utilities are available to the leased premises and are adequate for Tenant's intended use. D. After -Hours HVAC Charges: "HVAC services" means heating, ventilating, and air conditioning of the leased premises. (Check one box only.) d (1) Landlord is obligated to provide the HVAC services to the leased premises only during the Property's operating hours specified under Paragraph 9C. ❑ (2) Landlord will provide the HVAC services to the leased premises during the operating hours specified under Paragraph 9C for no additional charge and will, at Tenant's request, provide HVAC services to the leased premises during other hours for an additional charge of $ per hour. Tenant will pay Landlord the charges under this paragraph immediately upon receipt of Landlord's invoice. Hourly charges are charged on a half-hour basis. Any partial hour will be rounded up to the next half hour. Tenant will comply with Landlord's procedures to make a request to provide the additional HVAC services under this paragraph. X(3) Tenant will pay for the HVAC services under this lease. 8. INSURANCE:" 11 C4Y iS Sri iassureJ, se- tl.A-A-ackw.etn-�A. from an insurer authorized to operate in Texas: Public liability insurance naming Landlord as an additional insured with policy limits on an occu ce is in a minimum amount of: (check only (a) or (b) below) ❑ (a) 00,000; or Q (b) $2,0 00. If neither box I hecked the minimum amount will be $1,000,000. (2) personal property mage insurance for the business operations be' conducted in the leased premises and contents ' the leased premises in an amount suffici o replace such contents after a casualty loss; and D (3) business interruption insurance icient to pay 12 months rent payments; B. Before the Commencement Date, Tenan st provi andlord with a copy of insurance certificates evidencing the required coverage. If the insur verage is renewed or changes in any manner or degree at any time this lease is in effect, an ust, not later than 10 days after the renewal or change, provide Landlord a copy of an in nce certifi evidencing the renewal or change. C. If Tenant fails to maintain the re d insurance in full force a ffect at all times this lease is in effect, Landlord may: (1) purchase insurance will provide Landlord the same coverage the required insurance and Tenant must im lately reimburse Landlord for such expense; or (2) exercise La rd's remedies under Paragraph 20. D. Unless parties agree otherwise, Landlord will maintain in full force and effect insu for: (1) fire an ended coverage in an amount to cover the reasonable replacement cost of the impr ments of e Property; and (2) any public liability insurance in an amount that Landlord determines rea able and appropriate. E. If there is an increase in Landlord's insurance premiums for the leased premises or Property or its contents that is caused by Tenant, Tenant's use of the leased premises, or any improvements made by or for Tenant, Tenant will, for each year this lease is in effect, pay Landlord the increase immediately after Landlord notifies Tenant of the increase. Any charge to Tenant under this Paragraph 8E will be equal to the actual amount of the increase in Landlord's insurance premium. (TAR -2101) 1-26-10 Initialed for Identification by Landlord: and Tenant: Page 5 of 15 Produced with ZipForrrO by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www-Apl-ogix_com D.DERHAROUTI 8155 PHELAN Commercial Lease concerning: BEAUMONT 9. USE AND HOURS: A. Tenant may use the leased premises for the following purpose and no other: B. Unless otherwise specified in this lease, Tenant will operate and conduct its business in the leased premises during business hours that are typical of the industry in which Tenant represents it operates. C. The Property maintains operating hours of (specify hours, days of week, and if inclusive or exclusive of weekends and holidays): 24 HOURS A DAY -SEVEN (7) DAYS A WEEK 10. LEGAL COMPLIANCE: A. Tenant may not use or permit any part of the leased premises or the Property to be used for: (1) any activity which is a nuisance or is offensive, noisy, or dangerous; (2) any activity that interferes with any other tenant's normal business operations or Landlord's management of the Property; (3) any activity that violates any applicable law, regulation, zoning ordinance, restrictive covenant, governmental order, owners' association rules, tenants' association rules, Landlord's rules or regulations, or this lease; (4) any hazardous activity that would require any insurance premium on the Property or leased premises to increase or that would void any such insurance; (5) any activity that violates any applicable federal, state, or local law, including but not limited to those laws related to air quality, water quality, hazardous materials, wastewater, waste disposal, air emissions, or other environmental matters; (6) the permanent or temporary storage of any hazardous material; or (7) B. "Hazardous material" means any pollutant, toxic substance, hazardous waste, hazardous material, hazardous substance, solvent, or oil as defined by any federal, state, or local environmental law, regulation, ordinance, or rule existing as of the date of this lease or later enacted. C. Landlord does not represent or warrant that the leased premises or Property conform to applicable restrictions, zoning ordinances, setback lines, parking requirements, impervious ground cover ratio requirements, and other matters that may relate to Tenant's intended use. Tenant must satisfy itself that the leased premises may be used as Tenant intends byInde en ndently investi9atina all matters related to tba use-of-tba leased nremises-Q[ Pronertv. Tenant agrees-tbajjj-j .fit relying on any warranty -a representation made Landlord. Landlord's agent—ar any broker concerninaAbe use-.QfAbe leased premises or Property" 11. SIGNS: A. Tenant may not post or paint any signs or place any decoration outside the leased premises or on the Property without Landlord's written consent. Landlord may remove any unauthorized sign or decorations, and Tenant will promptly reimburse Landlord for its cost to remove any unauthorized sign or decorations. B. Any authorized sign must comply with all laws, restrictions, zoning ordinances, and any governmental order relating to signs on the leased premises or Property. Landlord may temporarily remove any authorized sign to complete repairs or alterations to the leased premises or the Property. (TAR -2101) 1-26-10 Initialed for Identification by Landlord: and Tenant: Page 6 of 15 Produced with ZipForm® by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 teoepe ApLogix cpm D.DERHAROUTI 8155 PHELAN Commercial Lease concerning: BEAUMONT C. By providing written notice to Tenant before this lease ends, Landlord may require Tenant, upon move -out and at Tenant's expense, to remove, without damage to the Property or leased premises, any or all signs that were placed on the Property or leased premises by or at the request of Tenant. Any signs that Landlord does not require Tenant to remove and that are fixtures, become the property of the Landlord and must be surrendered to Landlord at the time this lease ends. 12. ACCESS BY LANDLORD: A. During Tenant's normal business hours Landlord may enter the leased premises for any reasonable purpose, including but not limited to purposes for repairs, maintenance, alterations, and showing the leased premises to prospective tenants or purchasers. Landlord may access the leased premises after Tenant's normal business hours if: (1) entry is made with Tenant's permission; or (2) entry is necessary to complete emergency repairs. Landlord will not unreasonably interfere with Tenant's business operations when accessing the leased premises. B. During the last 30 days of this lease, Landlord may place a "For Lease" or similarly worded sign in the leased premises. 13. MOVE -IN CONDITION: Tenant has inspected the leased premises and accepts it in its present (as -is) condition unless expressly noted otherwise in this lease or in an addendum. Landlord and any agent have made-nQ es r�-cL implied warranties-asAl2Ahe conditionererg use -Q{ -the leased premises Property. 14. MOVE -OUT CONDITION AND FORFEITURE OF TENANT'S PERSONAL PROPERTY: A. At the time this lease ends, Tenant will surrender the leased premises in the same condition as when received, except for normal wear and tear. Tenant will leave the leased premises in a clean condition free of all trash, debris, personal property, hazardous materials, and environmental contaminants. B. If Tenant leaves any personal property in the leased premises after Tenant surrenders possession of the leased premises, Landlord may: (1) require Tenant, at Tenant's expense, to remove the personal property by providing written notice to Tenant; or (2) retain such personal property as forfeited property to Landlord. C. "Surrender" means vacating the leased premises and returning all keys and access devices to Landlord. "Normal wear and tear" means deterioration that occurs without negligence, carelessness, accident, or abuse. D. By providing written notice to Tenant before this lease ends, Landlord may require Tenant, upon move -out and at Tenant's expense, to remove, without damage to the Property or leased premises, any or all fixtures that were placed on the Property or leased premises by or at the request of Tenant. Any fixtures that Landlord does not require Tenant to remove become the property of the Landlord and must be surrendered to Landlord at the time this lease ends. 15. MAINTENANCE AND REPAIRS: A. Cleaning: Tenant must keep the leased premises clean and sanitary and promptly dispose of all garbage in appropriate receptacles. ❑ Landlord a Tenant will provide, at its expense, janitorial services to the leased premises that are customary and ordinary for the property type. Tenant will maintain any grease trap on the Property which Tenant uses, including but not limited to periodic emptying and cleaning, as well as making any modification to the grease trap that may be necessary to comply with any applicable law. (TAR -2101) 1-26-10 Initialed for Identification by Landlord: and Tenant: Page 7 of 15 Produced with ZipForrTO by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www.z*pLogqx.com D.DERHAROUTI 8155 PHELAN Commercial Lease concerning: BEAUMONT . B. Repairs of Conditions Caused bya Party: Each party must promptly repair a condition in need of repair that is caused, either intentionally or negligently, by that party or that party's guests, patrons, invitees, contractors or permitted subtenants. C. Repair and Maintenance Responsibility: Except as otherwise provided by this Paragraph 15, the party designated below, at its expense, is responsible to maintain and repair the following specified items in the leased premises (if any). The specified items must be maintained in clean and good operable condition. If a governmental regulation or order requires a modification to any of the specified items, the party designated to maintain the item must complete and pay the expense of the modification. The specified items include and relate only to real property in the leased premises. Tenant is responsible for the repair and maintenance of its personal property. (Check all that apply.) BILA Landlord Tenant (1) Foundation, exterior walls, roof, and other structural components.... ❑ Q ❑ (2) Glass and windows........................................................................... ❑ ❑ 0 (3) Fire protection equipment and fire sprinkler systems ........................ ❑ ❑ 0 (4) Exterior & overhead doors, including closure devices, molding, locks, and hardware......................................................................... ❑ ❑ 0 (5) Grounds maintenance, including landscaping and irrigation systems............................................................................................0 ❑ 0 (6) Interior doors, including closure devices, frames, molding, locks, andhardware................................................................................... ❑ ❑ 0 (7) Parking areas and walks................................................................... ❑ ❑ ❑ (8) Plumbing systems, drainage systems and sump pumps .................. ❑ ❑ 0 (9) Electrical systems, mechanical systems .......................................... ❑ ❑ 0 (10) Ballast and lamp replacement.......................................................... ❑ ❑ 0 (11) Heating, Ventilation and Air Conditioning (HVAC) systems .............. ❑ ❑ 0 (12) Signs and lighting: (a) Pylon........................................................................................... ❑ ❑ 0 (b) Facia........................................................................................... ❑ ❑ 0 (c) Monument................................................................................... ❑ ❑ 0 (d) Door/Suite................................................................................... Cl ❑ 0 (e) Other: ............. ❑ ❑ 0 (13) Extermination and pest control, excluding wood -destroying insects ❑ ❑ 0 (14) Fences and Gates............................................................................ ❑ ❑ d (15) Storage yards and storage buildings ................................................. ❑ ❑ 0 (16) Wood -destroying insect treatment and repairs ................................. ❑ 0 ❑ (17) Cranes and related systems............................................................. 0 ❑ ❑ (18) ❑ ❑ (19) ❑ ❑ (20) All other items and systems.............................................................. ❑ d D. Repair Persons: Repairs must be completed by trained, qualified, and insured repair persons. E. HVAC Service Contract: If Tenant maintains the HVAC system under Paragraph 15C(11), Tenant 0 is ❑ is not required to maintain, at its expense, a regularly scheduled maintenance and service contract for the HVAC system. The maintenance and service contract must be purchased from a HVAC maintenance company that regularly provides such contracts to similar properties. If Tenant fails to maintain a required HVAC maintenance and service contract in effect at all times during this lease, Landlord may do so and Tenant will reimburse Landlord for the expense of such maintenance and service contract or Landlord may exercise Landlord's remedies under Paragraph 20. (TAR -2101) 1-26-10 Initialed for Identification by Landlord: and Tenant: Page 8 of 15 Produced with ZipForm@ by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www.zipLQg'x 2 D.DERHAROUTI 8155 PHELAN Commercial Lease concerning: BEAUMONT . F. Common Areas: Landlord will maintain any common areas in the Property in a manner as Landlord determines to be in the best interest of the Property. Landlord will maintain any elevator and signs in the common area. Landlord may change the size, dimension, and location of any common areas, provided that such change does not materially impair Tenant's use and access to the leased premises. Tenant has the non-exclusive license to use the common areas in compliance with Landlord's rules and regulations. Tenant may not solicit any business in the common areas or interfere with any other person's right to use the common areas. This paragraph does not apply if Paragraph 2A(2) applies. G. Notice of Repairs: Tenant must promptly notify Landlord of any item that is in need of repair and that is Landlord's responsibility to repair. All requests for repairs to Landlord must be in writing. H. Failure to Re air: Landlord must make a repair for which Landlord is responsible within a reasonable period of time after Tenant provides Landlord written notice of the needed repair. If Tenant fails to repair or maintain an item for which Tenant is responsible within 10 days after Landlord provides Tenant written notice of the needed repair or maintenance, Landlord may: (1) repair or maintain the item, without liability for any damage or loss to Tenant, and Tenant must immediately reimburse Landlord for the cost to repair or maintain; or (2) exercise Landlord's remedies under Paragraph 20. 16. ALTERATIONS: A. Tenant may not alter (including making any penetrations to the roof, exterior walls or foundation), improve, or add to the Property or the leased premises without Landlord's written consent. Landlord will not unreasonably withhold consent for the Tenant to make reasonable non-structural alterations, modifications, or improvements to the leased premises. B. Tenant may not alter any locks or any security devices on the Property or the leased premises without Landlord's consent. If Landlord authorizes the changing, addition, or rekeying of any locks or other security devices, Tenant must immediately deliver the new keys and access devices to Landlord. C. If a governmental order requires alteration or modification to the leased premises, the party obligated to maintain and repair the item to be modified or altered as designated in Paragraph 15 will, at its expense, modify or alter the item in compliance with the order and in compliance with Paragraphs 16A and 17. D. Any alterations, improvements, fixtures or additions to the Property or leased premises installed by either party during the term of this lease will become Landlord's property and must be surrendered to Landlord at the time this lease ends, except for those fixtures Landlord requires Tenant to remove under Paragraph 11 or 14 or if the parties agree otherwise in writing. 17. LIENS: Tenant may not do anything that will cause the title of the Property or leased premises to be encumbered in any way. If Tenant causes a lien to be filed against the Property or leased premises, Tenant will within 20 days after receipt of Landlord's demand: (1) pay the lien and have the lien released of record; or (2) take action to discharge the lien. Tenant will provide Landlord a copy of any release Tenant obtains pursuant to this paragraph. 18. LIABILITY: To the extent permitted by law. Landlord is NOT responsible to Tenant or Tenant's employees- patrons- guests, or invitees for any damages,inj trL ies, or losses to person or property caused by@ A. an act. omission, or neglect of: Tenant: Tenant's agents Tenant's guest; Tenant's employees; Tenant's atm; Tenant' invit ; or any other tenant on the Prop; B. ftm flood. water leaks. ice. snow. hail. winds. explosion- smoke—, strike. interru tion of utilities. the& burglary robbery. assault. vandalism. other persons. environmental contaminants. oL other occurrences or casuaU losses. (TAR -2101) 1-26-10 Initialed for Identification by Landlord: and Tenant: Page 9 of 15 Produced with ZipForm@ by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www zi I iY. nm D.DERHAROUTI 8155 PHELAN Commercial Lease concerning: BEAUMONT RESPONSIBLEWILL BE O. • •.i - property •.u.• - personal •n .. damages,• • -•_ ti _or s -r - • b- -• • -�� • Property.• .a • h- JDja caused,-• •-• •x J• b. •.d • b. party'semployees, pa m• • -- •. •nguests, or -CAbSED - 20. DEFAULT: A. If Landlord fails to comply with this lease within 30 days after Tenant notifies Landlord of Landlord's failure to comply, Landlord will be in default and Tenant may seek any remedy provided by law. If, however, Landlord's non-compliance reasonably requires more than 30 days to cure, Landlord will not be in default if the cure is commenced within the 30 -day period and is diligently pursued. B. If Landlord does not actually receive at the place designated for payment any rent due under this lease within 5 days after it is due, Tenant will be in default. If Tenant fails to comply with this lease for any other reason within 10 days after Landlord notifies Tenant of its failure to comply, Tenant will be in default. see -9 remeAies as provideA �_-Y Tex s Icil w • C. If Tenant is in default, Landlord ma , accelerate all rents which are payable during the remainder of this lease or any renewal per' Lan dlo ill attempt to mitigate any damage or loss caused by Tenant's breach by using co rcially reasonable TeQos,. If Tenant is in default, Tenant will be liable for: (1) any lost rent; (2) Landlord's cost of re the leased premises, including brokerage , advertising fees, and other fees necessary to refdtilaQ leased premises; (3) repairs to the leased premises for beyond normal wear ear; (4) all Landlord's costs associated with ev of Ten uch as attorney's fees, court costs, and prejudgment interest; (5) all Landlord's costs associated with coll of r uch as collection fees, late charges, and returned check charges; (6) cost of removing any of Tena ' quipment or fixtures left on the ed premises or Property; (7) cost to remove any , debris, personal property, hazardous rials, or environmental contaminants le enant or Tenant's employees, patrons, guests, or ees in the leased premises or erty; (8) cost ace any unreturned keys or access devices to the leased premises, parkin as, or 21. ABANDONMENT, INTERRUPTION OF UTILITIES, REMOVAL OF PROPERTY, AND LOCKOUT: Chapter 93 of the Texas Property Code governs the rights and obligations of the parties with regard to: (a) abandonment of the leased premises; (b) interruption of utilities; (c) removal of Tenant's property; and (d) "lock -out" of Tenant. 22. HOLDOVER: If Tenant fails to vacate the leased premises at the time this lease ends, Tenant will become a tenant -at -will and must vacate the leased premises immediately upon receipt of demand from Landlord. No holding over by Tenant, with or without the consent of Landlord, will extend this lease. Tenant wilt _ Rent for any holdover period will be 150% of the base monthly rent plus any additional rent calculated on a daily basis and will be immediately due and payable daily without notice or demand. (TAR -2101) 1-26-10 Initialed for Identification by Landlord: and Tenant: Page 10 of 15 Produced with ZipFormOD by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www.zipLo9lx.com D.DERHAROUTI 8155 PHELAN Commercial Lease concerning: BEAUMONT 23. LA AND SECURITY INTEREST: To secure Tenant's that is in the leased premises or on the ecurity agreement for the purposes of the Uniform Commercial C ay Ile a financing statement o d's security interest 24. ASSIGNMENT AND SUBLETTING: Landlord may assign this lease to any subsequent owner of the Property. Tenant may not assign this lease or sublet any part of the leased premises without Landlord's written consent. An assignment of this lease or subletting of the leased premises without Landlord's written consent is voidable by Landlord. If Tenant assigns this lease or sublets any part of the leased premises, Tenant will remain liable for all of Tenant's obligations under this lease regardless if the assignment or sublease is made with or without the consent of Landlord. 25. RELOCATION: d A. By providing Tenant with not less than 90 days advanced written notice, Landlord may require Tenant to relocate to another location in the Property, provided that the other location is equal in size or larger than the leased premises then occupied by Tenant and contains similar leasehold improvements. Landlord will pay Tenant's reasonable out-of-pocket moving expenses for moving to the other location. "Moving expenses" means reasonable expenses payable to professional movers, utility companies for connection and disconnection fees, wiring companies for connecting and disconnecting Tenant's office equipment required by the relocation, and printing companies for reprinting Tenant's stationary and business cards. A relocation of Tenant will not change or affect any other provision of this lease that is then in effect, including rent and reimbursement amounts, except that the description of the suite or unit number will automatically be amended. d B. Landlord may not require Tenant to relocate to another location in the Property without Tenant's prior consent. 26. SUBORDINATION: A. This lease and Tenant's leasehold interest are and will be subject, subordinate, and inferior to: (1) any lien, encumbrance, or ground lease now or hereafter placed on the leased premises or the Property that Landlord authorizes; (2) all advances made under any such lien, encumbrance, or ground lease; (3) the interest payable on any such lien or encumbrance; (4) any and all renewals and extensions of any such lien, encumbrance, or ground lease; (5) any restrictive covenant affecting the leased premises or the Property; and (6) the rights of any owners' association affecting the leased premises or Property. B. Tenant must, on demand, execute a subordination, attornment, and non -disturbance agreement that Landlord may request that Tenant execute, provided that such agreement is made on the condition that this lease and Tenant's rights under this lease are recognized by the lien -holder. A. Within 10 day i t of a written request from Landlord, execute and deliver to Landlord an estoppel certificdafaTrat4danlifles the terr 1 Ions of this lease. B. Within 30 days after re en request from Landlor rovide to Landlord Tenant's current fin �ationbalance sheet and income statement). Landlor the financial a ton no more frly than once every 12 months. (TAR -2101) 1-26-10 Initialed for Identification by Landlord: and Tenant: Page 11 of 15 Produced with ZipForrrO by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www.z*pLoo'x.com D.DERHAROUTI 8155 PHELAN Commercial Lease concerning: BEAUMONT 28. CASUALTY LOSS: A. Tenant must immediately notify Landlord of any casualty loss in the leased premises. Within 20 days after receipt of Tenant's notice of a casualty loss, Landlord will notify Tenant if the leased premises are less than or more than 50% unusable, on a per square foot basis, and if Landlord can substantially restore the leased premises within 120 days after Tenant notifies Landlord of the casualty loss. B. If the leased premises are less than 50% unusable and Landlord can substantially restore the leased premises within 120 days after Tenant notifies Landlord of the casualty, Landlord will restore the leased premises to substantially the same condition as before the casualty. If Landlord fails to substantially restore within the time required, Tenant may terminate this lease. C. If the leased premises are more than 50% unusable and Landlord can substantially restore the leased premises within 120 days after Tenant notifies Landlord of the casualty, Landlord may: (1) terminate this lease; or (2) restore the leased premises to substantially the same condition as before the casualty. If Landlord chooses to restore and does not substantially restore the leased premises within the time required, Tenant may terminate this lease. D. If Landlord notifies Tenant that Landlord cannot substantially restore the leased premises within 120 days after Tenant notifies Landlord of the casualty loss, Landlord may: (1) choose not to restore and terminate this lease; or (2) choose to restore, notify Tenant of the estimated time to restore, and give Tenant the option to terminate this lease by notifying Landlord within 10 days. E. If this lease does not terminate because of a casualty loss, rent will be reduced from the date Tenant notifies Landlord of the casualty loss to the date the leased premises are substantially restored by an amount proportionate to the extent the leased premises are unusable. 29. CONDEMNATION: If after a condemnation or purchase in lieu of condemnation the leased premises are totally unusable for the purposes stated in this lease, this lease will terminate. If after a condemnation or purchase in lieu of condemnation the leased premises or Property are partially unusable for the purposes of this lease, this lease will continue and rent will be reduced in an amount proportionate to the extent the leased premises are unusable. Any condemnation award or proceeds in lieu of condemnation are the property of Landlord and Tenant has no claim to such proceeds or award. Tenant may seek compensation from the condemning authority for its moving expenses and damages to Tenant's personal property. "r4 's en+'l em e i +o *4+o r►n e s Pets 5AA 11 be C -o n+► -o ( led 6 Tu4s 14 w, 30. ATTORNEY'S FEES: fees, 31. REPRESENTATIONS: A. Tenant's statements in this lease and any application for rental are material representations relied upon by Landlord. Each party signing this lease represents that he or she is of legal age to enter into a binding contract and is authorized to sign the lease. If Tenant makes any misrepresentation in this lease or in any application for rental, Tenant is in default. B. Landlord is not aware of any material defect on the Property that would affect the health and safety of an ordinary person or any environmental hazard on or affecting the Property that would affect the health or safety of an ordinary person, except: (TAR -2101) 1-26-10 Initialed for Identification by Landlord: and Tenant: Page 12 of 15 Produced with ZipForn0 by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 yIDeoet 7ipl.npix .Som D.DERHAROUTI 8155 PHELAN Commercial Lease concerning: BEAUMONT C. Each party and each signatory to this lease represents that: (1) it is not a person named as a Specially Designated National and Blocked Person as defined in Presidential Executive Order 13224; (2) it is not acting, directly or indirectly, for or on behalf of a Specially Designated and Blocked Person; and (3) is not arranging or facilitating this lease or any transaction related to this lease for a Specially Designated and Blocked Person. Any party or any signatory to this lease who is a Specially Designated and Blocked person will indemnify and hold harmless any other person who relies on this representation and who suffers any claim, damage, loss, liability or expense as a result of this representation. 32. BROKERS: A. The brokers to this lease are: G. W. PROPERTIES Principal Broker License No. Cooperating Broker License No. jg:LLI MANESS Agent Agent Address Address F9409 673-6333 302 Fax Phone Fax kbmaness@hotmail.com E -Mail License No. E -Mail License No. Principal Broker: (Check only one box) Cooperating Broker represents Tenant, Q represents Landlord only, ❑ representsTenant only. ❑ is an intermediary between Landlord and Tenant. B. Eem: 0 (1) Principal Broker's fee will be paid according to: (Check only one box). Q (a) a separate written commission agreement between Principal Broker and: Landlord ❑ Tenant. ❑ (b) the attached Addendum for Broker's Fee. r ❑ (2) Cooperating Broker's fee will be paid according to: (Check only one box). ❑ (a) a separate written commission agreement between Cooperating Broker and: t ❑ Principal Broker ❑ Landlord ❑ Tenant. ❑ (b) the attached Addendum for Broker's Fee. 33. ADDENDA: Incorporated into this lease are the addenda, exhibits and other information marked in the Addenda and Exhibit section of the Table of Contents. if Landlord's Rules and Regulations are made part of this lease, Tenant agrees to comply with the Rules and Regulations as Landlord may, at its discretion, amend from time to time. v s 34. NOTICES: All notices under this lease must be in writing and are effective when hand -delivered, sent by mail, or sent by facsimile transmission to: i Landlord at: David Derharoutian 'Q Address: 8114 High Terrace, Sucar Land Texas 77479 Phone: Fax: and a copy to: David Derharoutian * Address: e-mail: devil- iron! 1/_ 3113— 5f 6 (v Phone. Fax: ❑ Landlord also consents to receive notices by e-mail at: (TAR -2101) 1-26-10 Initialed for Identification by Landlord: and Tenant: Page 13 of 15 Produced with ZipFormO by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www 7"ipl ag is corn D.DERHAROUTI 8155 PHELAN Commercial Lease concerning: BEAUMONT , Tenant at the leased premises, and a copy to: City of Beaumont c/o Brenda Dean Address: P.O. Box 3827 Beaumont, Texas 77704 Phone: Fax: ❑ Tenant also consents to receive notices by e-mail at: 35. SPECIAL PROVISIONS: Monthly Rents to be mailed to: Stacy Tywater Beaumont Area Educators Federal Credit Union P.O. Box 751 Beaumont, Texas 77704 All IMPROVEMENTS to 8155 Phelan will stay with property. If existing carpet removed it is to be replaced. Tenant responsible for carport and electricity to carport. Either party may terminate lease by providing thirty (30) day written notice. 36. AGREEMENT OF PARTIES: A. Entire Aureement:This lease contains the entire agreement between Landlord and Tenant and may not be changed except by written agreement. B. Binding Effect: This lease is binding upon and inures to the benefit of the parties and their respective heirs, executors, administrators, successors, and permitted assigns. C. Joint and Several: All Tenants are jointly and severally liable for all provisions of this lease. Any act or notice to, or refund to, or signature of, any one or more of the Tenants regarding any term of this lease, its renewal, or its termination is binding on all Tenants. D. Controlling Law: The laws of the State of Texas govern the interpretation, performance, and enforcement of this lease. Ve-rue- ar.d,,,�urt5d�cA-1c1n -6v- all d,spuks stall be- exclus; vejy in S2i�erso�� t:oun♦Y a11d fine 041.eii-, E. Severable Clauses: If any clause in this lease is found invalid or unenforceable by a court of law, the remainder of this lease will not be affected and all other provisions of this lease will remain valid and enforceable. F. Waiver: Landlord's delay, waiver, or non -enforcement of acceleration, contractual or statutory lien, rental due date, or any other right will not be deemed a waiver of any other or subsequent breach by Tenant or any other term in this lease. G. Quiet Enjoyment: Provided that Tenant is not in default of this lease, Landlord covenants that Tenant will enjoy possession and use of the leased premises free from material interference. (TAR -2101) 1-26-10 Initialed for Identification by Landlord: and Tenant: Page 14 of 15 Produced with ZipForrr4D by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www -ZjpLnpix_Corn D.DERHAROUTI 8155 PHELAN Commercial Lease concerning: BEAUMONT H. Force Majeure: If Landlord's performance of a term in this lease is delayed by strike, lock -out, shortage of material, governmental restriction, riot, flood, or any cause outside Landlord's control, the time for Landlord's performance will be abated until after the delay. I. Time: Time is of the essence. The parties require strict compliance with the times for performance. Brokers are not qualified to render legal advice, property inspections, surveys, engineering studies, environmental assessments, tax advice, or compliance inspections. The parties should seek experts to render such services. READ THIS LEASE CAREFULLY. If you do not understand the effect of this Lease, consult your attorney BEFORE signing. Landlord: DAVID DERHAROUTIAN By: By: By (signature): Printed Name: Title: By (signature): Printed Name: Title: (TAR -2101) 1-26-10 CITY OF BEAUMONT Tenant: P.O.Box 3827,Beaumont, Tx 77704 att: BRENDA DEAN By: By: By (signature): Printed Name: Title: By (signature): Printed Name: Title: Page 15 of 15 Produced with ZipFormO by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 woeoer zipl.ngix.cAm D.DERHAROUTI Citi of Beaumont February 16, 2011 TO WHOM IT MAY CONCERN: The City of Beaumont is currently self-insured for all lines of coverage normally made available under the Texas Business Auto Policy. Comprehensive and collision accidents are paid as normal operating expenses. The City has a self-insured trust fund from which it pays all liability claims. The City currently purchases insurance for real and personal property. All real and personal property are protected by all risk type coverage including flood. Real and personal property are subject to a $50,000 deductible. If we can be of further assistance to you or provide you with additional information, please do not hesitate to contact us. ZIM Very truly yours, Matthew Martin, AIC, ARM Liability Administrator Legal Department - (409) 880-3715 - Fax (409) 880-3121 P.O. Box 3827 - Beaumont, Texas 77704-3827 RICH WITH OPPORTUNITY [1EA,UM011* T- E- S- A- S ff1l City Council Agenda Item City Council FROM: Kyle Hayes, City Manager P6. PREPARED BY: Patrick Donart, Public Works Director MEETING DATE: March 8, 2011 REQUESTED ACTION: Council consider a resolution accepting maintenance of the street, storm sewer, water and sanitary sewer improvements in Bayou Willow Parkway, Part II. RECOMMENDATION The administration recommends approval of the following: Bayou Willow Parkway approximately 35 feet east of existing Bayou Willow Parkway crossing the BNSF Railroad tracks to State Highway 124 (Fannet Road) . Also, recommended for approval are the storm sewer, water and sanitary sewer improvements for Bayou Willow Parkway Part II, right-of-way only. BACKGROUND The aforementioned improvements in the Multi -Purpose Facility (BISD) parkway passed final inspection from all entities involved on November 24, 2010. Bayou Willow Parkway Part I was approved by City Council on August 24, 2010, Resolution No. 10-224 for the street, storm sewer, water and sanitary sewer improvements in the Right of Way only. BUDGETARYIMPACT None. P BAYOU WILLOW PARKWAY ROBERTS �.� PART 2 i PART 1 � COMBS EMERALD c� FP 0, O� eR p pKs PCO Ce- VICINITY MAP BAYOU WILLOW PARKWAY PART 2 RESOLUTION NO. WHEREAS, construction of the street, storm sewer, water and sanitary sewer improvements constructed in Bayou Willow Parkway, Part II, have been completed as follows: Street • Bayou Willow Parkway approximately 35 feet east of existing Bayou Willow Parkway crossing the BNSF Railroad tracks to State Highway 124 (Fannett Road). Storm Sewer, Water and Sanitary Sewer Improvements • Bayou Willow Parkway, Part II, right-of-way only. WHEREAS, the developers of said street desire to have these improvements accepted and maintained by the City; and, WHEREAS, the director of the Public Works and Engineering Department has determined that said improvements meet city standards and qualify for acceptance for permanent maintenance, and the City Council is of the opinion that said improvements should be accepted and maintained by the City of Beaumont; 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 above -referenced street, storm sewer, water and sanitary sewer improvements in Bayou Willow Parkway, Part II, with the exception of streetlights, are hereby accepted by the City of Beaumont and shall be continuously maintained by the City contingent upon filing of the final plat, complete with filings of dedication of all rights-of-way and easements required on the preliminary and final plats and installation of the streetlights. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 8th day of March, 2011. - Mayor Becky Ames - RICH WITH OPPORTUNITY 11EA,1111011 T- E• X• A- S TO: FROM: PREPARED BY: MEETING DATE: REQUESTED ACTION: City Council Agenda Item City Council Kyle Hayes, City Manager Laura Clark, Chief Financial Officer March 8, 2011 Council consider authorizing the award of an annual contract for Fire Department Uniforms. RECOMMENDATION The administration recommends the award of an annual contract to Lone Star Uniform, Inc., of Houston, in the estimated amount of $49,318.25 and to Tyler Uniform, Inc., of Tyler, Texas in the estimated amount of $2,236.00. BACKGROUND Bids were solicited from seven (7) vendors. Responses were received from four (4) vendors. Lone Star Uniform, Inc., was low conforming bid on two (2) of the three (3) bid sections. Tyler Uniform, Inc., was low bid on the third section. Both Lone Star Uniform, Inc., and Tyler Uniform, Inc., have held this contract in prior years and both performed satisfactorily. The contract provides for Lone Star, Inc., to furnish Uniforms at the following fixed unit prices: Section 1 - Firefighter's Nomex® Uniforms Description Est. Qty Unit Price Men's S/S Shirts 200 $74.95/ea Men's L/S Shirts 85 $89.95/ea Women's S/S Shirts 10 $74.95/ea Women's L/S Shirts 10 $89.95/ea Men's Trousers 200 $79.95/ea Women's Trousers 10 $79.95/ea Annual Contract for Fire Department Uniforms March 8, 2011 Page 2 u Section 2 - Fire Officer Uniforms Description Est. Qty Unit Price Elbeco Men's Trouser 40 $37.00/ea Blauer Men's Trouser 40 $36.00/ea Elbeco Men's L/S Shirt 40 $28.00/ea Blauer Men's L/S Shirt 40 $35.50/ea Elbeco Men's S/S Shirt 40 $24.00/ea Blauer Men's S/S Shirt 40 $30.00/ea Elbeco Women's S/S Shirt 12 $28.00/ea Blauer Women's S/S Shirt 12 $24.00/ea The contract provides for Tyler Uniform, Inc., to furnish Uniforms at the following fixed unit prices: Section 3 - Other Uniforms Description Est. Qty Unit Price Men's S/S Polo Shirt 40 $18.00/ea Women's S/S Polo Shirt 12 $18.00/ea Men's T -Shirt 40 $6.50/ea BUDGETARYIMPACT Funds are available in the Fire Department's operating budget. RESOLUTION NO. WHEREAS, bids were solicited for an annual contract to furnish Nomex uniforms and Fire Officer uniforms for the Fire Department; and, WHEREAS, Lone Star Uniform, Inc., of Houston, Texas, submitted a bid in the estimated amount of $49,318.25 in the unit amounts shown below: ; and, Section 1 - Firefiahter's Nomex® Uniforms Description Est. Qty Unit Price Men's S/S Shirts 200 $74.95/ea Men's US Shirts 85 $89.95/ea Women's S/S Shirts 10 $74.95/ea Women's US Shirts 10 $89.95/ea Men's Trousers 200 $79.95/ea Women's Trousers 10 $79.95/ea Section 2 - Fire Officer Uniforms Description Est. Qty Unit Price Elbeco Men's Trouser 40 $37.00/ea Blauer Men's Trouser 40 $36.00/ea Elbeco Men's US Shirt 40 $28.00/ea Blauer Men's US Shirt 40 $35.50/ea Elbeco Men's S/S Shirt 40 $24.00/ea Blauer Men's S/S Shirt 40 $30.00/ea Elbeco Women's S/S Shirt 12 $28.00/ea Blauer Women's S/S Shirt 12 $24.00/ea WHEREAS, Tyler Uniform, Inc., of Tyler, Texas, submitted a bid in the estimated amount of $2,236.00 in the unit amounts shown below: ; and, Section 3 - Other Uniforms Description Est. Qty Unit Price Men's S/S Polo Shirt 40 $18.00/ea Women's S/S Polo Shirt 12 $18.00/ea Men's T -Shirt 40 $6.50/ea WHEREAS, City Council is of the opinion that the bid submitted by Lone Star Uniform, Inc., of Houston, Texas, for Firefighter's Normex uniforms and Fire Officer uniforms and the bid submitted by Tyler Uniform, Inc., of Tyler, Texas, for other uniforms 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 Lone Star Uniform, Inc., of Houston, Texas, for an annual contract to furnish Nomex uniforms and Fire Officer uniforms for the Fire Department for an estimated cost of $49,318.25 in the unit amounts shown above be accepted by the City of Beaumont; and, BE IT ALSO RESOLVED THAT the bid submitted by Tyler Uniform, Inc., of Tyler, Texas, for an annual contract to furnish other uniforms for the Fire Department for an estimated cost of $2,236.00 in the unit amounts shown above be accepted by the City of Beaumont. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 8th day of March, 2011. - Mayor Becky Ames - RICK WIT5 OPPORTUNITT BEAUMON* REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS MARCH 8, 2011 1:30 P.M. AGENDA CALL TO ORDER * Invocation Pledge Roll Call * Presentations and Recognition * Public Comment: Persons may speak on scheduled agenda item 5-17/Consent Agenda * Consent Agenda GENERAL BUSINESS 1. Consider a request for a specific use permit to allow a trailer fabrication and repair business in a GC -MD (General Commercial -Multiple Family Dwelling) District at 5408 Washington Boulevard 2. Consider a request for a specific use permit to allow a retail strip center with the following but not limited to uses, a hamburger restaurant, insurance agency, retail T-shirt store, jewelry store, and candle store in a GC -MD -2 (General Commercial - Multiple Family Dwelling -2) District at 622 W. Lucas 3. Consider a request for an amended specific use permit to allow a modification to the landscaping/screening requirements by deleting the 8' tall screening fence and 10' wide landscape strip along the east and south sides of the property as part of a specific use permit to allow dental and optometry offices in a GC -MD -2 (General Commercial -Multiple Family Dwelling -2) District at 6705, 6725 and 6755 Delaware 4. Consider a request for amendments to the Zoning Ordinance, Section 28.03.023, Permitted Use Table, to conform to the new codification numbering and to correct typographical errors 5. Consider the abandonment of a drainage easement at 4975 Sassafras Lane 6. Consider the abandonment of a utility easement between Avenue E and Avenue F 7. Consider authorizing the City Manager to execute a joint election agreement for a general election for the City of Beaumont, Beaumont Independent School District, and the Port of Beaumont, for the conducting of a General Election on Saturday, May 14, 2011, with a runoff election to be held in June, 2011, if necessary 8. Consider amending Ordinance 11-004 to eliminate one (1) polling location and three (3) precincts that would strictly be used for the Beaumont Independent School District voters 9. Consider approving a contract for the Cartwright/Corley Drainage Project 10. Consider approving a bid to restore the exterior masonry walls of the Jefferson Theatre and Municipal Court Building 11. Consider approving a contract for rental of election equipment, software, training and other related services for the May 14, 2011 General Election 12. Consider approving the purchase of new phone systems for the Municipal Court and Police buildings 13. Consider authorizing the City Manager to execute a Reimbursement Agreement for the removal of existing wooden poles and replace them with metal poles within the limits of Phase III of the Calder Street Project 14. Consider approving Change Order No. 2 for the Calder Avenue Drainage and Pavement Improvement Project — Phase II for "extra work" 15. Consider authorizing the City Manager to amend a contract with the Texas Department of Housing and Community Affairs for the Weatherization Program 16. Consider approving a resolution of preliminary support of the proposed Azure Point, a proposed Low Income Housing Tax Credit project WORKSESSION Review and discuss proposed amendments to the Noise Ordinance 17. Consider amending Chapter 12, Article 12.08 Noise of the Code of Ordinances COMMENTS Councilmembers/City Manager comment on various matters Public Comment (Persons are limited to 3 minutes) EXECUTIVE SESSION * Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code: Claim of Edgard Sequeira 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. I March 8, 2011 Consider a request for a specific use permit to allow a trailer fabrication and repair business in a GC -MD (General Commercial -Multiple Family Dwelling) District at 5408 Washington Boulevard RICH WITH OPPORTUNITY IIEA,UMON* T- E- X- A- S City Council Agenda Item City Council FROM: Kyle Hayes, City Manager CSS PREPARED BY: Chris Boone, Community Development Director MEETING DATE: March 8, 2011 REQUESTED ACTION: Council consider a request for a specific use permit to allow a trailer fabrication and repair business in a GC -MD (General Commercial -Multiple Family Dwelling) District at 5408 Washington Boulevard. RECOMMENDATION The Administration recommends approval of a specific use permit to allow a trailer fabrication and repair business in a GC -MD (General Commercial -Multiple Family Dwelling) District at 5408 Washington Boulevard. BACKGROUND Bryant Maraist has requested a specific use permit. Mr. Maraist will be leasing a 2,500 sq. ft. space to Royce Long, owner of Long's Trailer Repair. Mr. Long states that the property will be used for the construction and repair of trailers and parts sales. Welding of steel and aluminum will be done inside the building. All galvanizing of trailers and parts will be done by AZZ Galvanizing at another location. No use of chemicals that have any odor will be used on the property. The only dust will be from table and circular saws. All grinding of small steel items, cutting of plywood or any other type of noisy operation will be inside the building where plywood walls and insulation have been installed to prevent any disturbance to neighbors. Hours of operation are from 8 a.m. to 5 p.m., Monday through Friday and sometimes on Saturday. The trailers will be parked inside a fenced area. Mr. Long states that his company does not work on anything such as chemical tanks or any large vessel type trailer other than repairing lights on such trailers. At a Joint Public Hearing held February 21, 2011, the Planning Commission voted 6:0 to approve a specific use permit to allow a trailer fabrication and repair business in a GC -MD (General Commercial -Multiple Family Dwelling) District at 5408 Washington Boulevard. BUDGETARYIMPACT None. ORDINANCE NO. ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A TRAILER FABRICATION AND REPAIR BUSINESS IN AGC -MD (GENERAL COMMERCIAL - MULTIPLE FAMILY DWELLING) DISTRICT AT 5408 WASHINGTON BOULEVARD IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS, Bryant Maraist has applied for a specific use permit to allow a trailer fabrication and repair business in a GC -MD (General Commercial -Multiple Family Dwelling) District at 5408 Washington Boulevard, being Lots 54B and 55, Block 6, Caldwood Acres Addition, City of Beaumont, Jefferson County, Texas, containing 0.61 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 for a specific use permit to allow a trailer fabrication and repair business in a GC -MD (General Commercial -Multiple Family Dwelling) District at 5408 Washington Boulevard; 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 resolution are hereby, in all things, approved and adopted; and, Section 1. That a specific use permit to allow a trailer fabrication and repair business in a GC - MD (General Commercial -Multiple Family Dwelling) District at 5408 Washington Boulveard, being Lots 54B and 55, Block 6, Caldwood Acres Addition, City of Beaumont, Jefferson County, Texas, containing 0.61 acres, more or less, as shown on Exhibit "A" attached hereto; and, is hereby granted to Bryant Maraist, his legal representatives, successors and assigns, as shown on Exhibit "A," attached hereto and made a part hereof for all purposes. Section 2. That the specific use permit herein granted is expressly issued for and in accordance with each particular and detail of the site plan attached hereto as Exhibit "B," attached hereto and made a part hereof for all purposes. Section 3. Notwithstanding the site plan attached hereto, the use of the property herein above described shall be in all other respects subject to all of the applicable regulations contained in Chapter 28 of the Code of Ordinances of Beaumont, Texas, as amended, as well as comply with any and all federal, state and local statutes, regulations or ordinances which may apply. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 8th day of March, 2011. - Mayor Becky Ames - 'ile 2076-P: Request for a specific use permit to allow a trailer fabrication and repair usiness in a GC-MD (General Commercial-Multiple Family Dwelling) District. ocation: 5480 Washington .pplicant: Bryant Maraist I 0 1 200 j I 10%1I � � � Feet EXHIBIT "A" „8„ 1181HX3 3 .LC ,ll :00 5YM—) t I I I t I I • 1 I I . 1 z it o z i azzIx o I o J+ CL r {{II �.• ;` � �',�. ;,sem °� of � \ .�xtl .'. � .:,• •la • tet^•;:: `':, y :z.`•. cj, :tg 1 03213&00 \iF3Ef\151 - - 03213&00 j It .00 N 'Wol1 I I �n I to I' I Iz I �o I In M ,LC ,ll .00 N XTRS / 2 March 8, 2011 Consider a request for a specific use permit to allow a retail strip center with the following but not limited to uses, a hamburger restaurant, insurance agency, retail T-shirt store, jewelry store, and candle store in a GC -MD -2 (General Commercial -Multiple Family Dwelling -2) District at 622 W. Lucas RICH WITH OPPORTUNITY 11EA,[114U111T T - E - % - A - S TO: FROM: PREPARED BY: MEETING DATE: City Council Agenda Item City Council Kyle Hayes, City Manager Chris Boone, Community Development Director March 8, 2011 REQUESTED ACTION: Council consider a request for a specific use permit to allow a retail strip center with the following but not limited to uses, a hamburger restaurant, insurance agency, retail T- shirt store, jewelry store, and candle store in a GC -MD -2 (General Commercial -Multiple Family Dwelling -2) District at 622 W. Lucas. RECOMMENDATION The Administration recommends approval of a specific use permit to allow a retail strip center with the following but not limited to uses, a hamburger restaurant, insurance agency, retail T- shirt store, jewelry store, and candle store in a GC -MD -2 (General Commercial -Multiple Family Dwelling -2) District at 622 W. Lucas. BACKGROUND Darlene Hanna has requested a specific use permit. Ms. Hanna states that she would like to construct a 4,600 sq. ft., retail strip center with space for five commercial establishments. The strip center will be anchored by the restaurant. The operating hours of the restaurant will be 10:30 a.m. - 8:00 p.m., Monday thru Saturday. The operating hours of the other commercial establishments will be 9 a.m. - 6 p.m., Monday thru Saturday. The property is currently occupied by a seasonally operated sno-cone stand. Christmas trees are also sold on the property during the Christmas season. In 2009, Ms. Hanna constructed a 2,300 sq. ft. dance studio at 4305 Calder. Since parking is at a premium at the dance studio/retail store location, Ms. Hanna was able to claim required parking on the subject property at 622 W. Lucas. The Zoning Ordinance allows required parking to be located within 400 feet of the subject property. At a minimum, the proposed shopping center will be required to have 36 parking spaces. An estimated 29 parking spaces can be accommodated on the site. This leaves Ms. Hanna with no overflow parking spaces for her dance studio/retail store. Ms. Hanna needs a minimum of fifteen spaces for her dance studio/retail store at 4305 Calder. She only provides seven spaces on that property. The remaining eight parking spaces were to be accommodated at 622 W. Lucas. At a Joint Public Hearing held February 21, 2011, the Planning Commission voted 5:0:1 to approve a specific use permit to allow a retail strip center with the following but not limited to uses, a hamburger restaurant, insurance agency, retail T-shirt store, jewelry store, and candle store in a GC -MD -2 (General Commercial -Multiple Family Dwelling -2) District at 622 W. Lucas subject to the following conditions: • The owner shall apply for and receive a special exception to the parking requirement for the property at 622 W. Lucas or reduce the size of the building to accommodate the available parking. • Reduce the driveways widths to a maximum of 35'. • Provide a six foot landscape strip along all parking lot frontages. • Construct the handicap parking spaces to meet ADA standards and specifications. • Delete a minimum of four parking spaces (as shown on site plan) to avoid traffic conflicts. NOTE: Transportation Engineering will have final approval on parking lot. Since the Planning Commission meeting, the applicant has addressed the conditions placed upon the specific use permit. The site plan reflects those changes. BUDGETARYIMPACT None. TO: Planning Commission and City Council, City of Beaumont, Texas FROM: Darlene Hanna RE: Proposed Retail Strip Center with Restaurant DATE: November 23, 2010 It is my intent to construct a five bay Retail Strip Center consisting of the following: Burger Restaurant (anchor), Insurance Agency, Retail Tee Shirt Store, Retail Jewelry Store and Retail Candle Store. The proposed hours of operation for the restaurant: 1030am - 8pm, Monday thru Saturday and closed on Sunday. The restaurant will have limited seating, inside and out, with a drive thru pick-up window (phone in orders only). The retail stores proposed hours of operation: 9am — 6pm, Monday thru Saturday and closed on Sunday. The zoning ordinance requires the following eight conditions be met. I look forward to working with Planning Commission and ask for help and guidance in this construction endeavor. A) The specific use will be compatible and not injurious and should significantly increase the land value and look of the current land. B) The establishment will continue the normal and orderly development improvement of surrounding vacant property. C) Plan to use/tie-in to all existing utilities and current four drainage areas and will provide any additional required. D) The parking and driveways will provide safe and convenient movement of vehicular and pedestrian traffic without adversely affecting the general public or adjacent development. E) Adequate nuisance prevention measures will be taken to prevent and control offensive odor, fumes, dust, noise and vibration. F) Directional lighting will not disturb or adversely affect neighboring properties. G) Sufficient landscaping and screening will be provided to insure harmony and compatibility with adjacent property. H) The proposed use is in accordance with the Comprehensive Plan. We will work hand-in-hand with City Planning Commission to ensure all of the above conditions will be met and any other requirements that are not currently being met that indeed must be implemented. Thank you very much for your time and consideration. Sincerely; Darlene Hanna 409-363-4571 ORDINANCE NO. ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW FOR A RETAIL STRIP CENTER INCLUDING A HAMBURGER RESTAURANT, INSURANCE AGENCY, RETAIL T-SHIRT STORE, JEWELRY STOREAND CANDLE STORE IN A GC -MD -2 (GENERAL COMMERCIAL - MULTIPLE FAMILY DWELLING -2) DISTRICT AT 622 W. LUCAS IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS, Darlene Hanna has applied for a specific use permit to allow for a retail strip center including a hamburger restaurant, insurance agency, retail T-shirt store, jewelry store and candle store in a GC -MD -2 (General Commercial -Multiple Family Dwelling -2) District at 622 W. Lucas, being Lots 9-13, Tract 1 and Lot 8, Tract 2, Block 1, Calder Highlands Addition, City of Beaumont, Jefferson County, Texas, containing 1.057 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 for a specific use permit to allow for a retail strip center including a hamburger restaurant, insurance agency, retail T-shirt store, jewelry store and candle store in a GC -MD -2 (General Commercial -Multiple Family Dwelling -2) District at 622 W. Lucas; 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 resolution are hereby, in all things, approved and adopted; and, Section 1. That a specific use permit to allow for a retail strip center including a hamburger restaurant, insurance agency, retail T-shirt store, jewelry store and candle store in a GC - MD -2 (General Commercial -Multiple Family Dwelling -2) District at 622 W. Lucas, being Lots 9-13, Tract 1 and Lot 8, Tract 2, Block 1, Calder Highlands Addition, City of Beaumont, Jefferson County, Texas, containing 1.057 acres, more or less, as shown on Exhibit 'A," attached hereto; and, is hereby granted to Darlene Hanna, her legal representatives, successors and assigns, as shown on Exhibit "A," 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 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 8th day of March, 2011. - Mayor Becky Ames - ; 2070-P: Request for a specific use permit to allow a retail strip center with the owing but not limited to uses, a hamburger restaurant, insurance agency, retail T-shirt .-e, jewelry store, and candle store in a GC -MD -2 (General Commercial -Multiple Family Aling-2) District. ration: 622 W. Lucas Aicant: Darlene Hanna 0 100 200 1. I 1 1 Feet EXHIBIT "A" EXHIBIT "B" March 8, 2011 Consider a request for an amended specific use permit to allow a modification to the landscaping/screening requirements by deleting the 8' tall screening fence and 10' wide landscape strip along the east and south sides of the property as part of a specific use permit to allow dental and optometry offices in a GC -MD -2 (General Commercial -Multiple Family Dwelling -2) District at 6705, 6725 and 6755 Delaware RICH WITH OPPORTUNITY 11EA,11M0N* T- E- S- A- S 01113 City Council Agenda Item City Council FROM: Kyle Hayes, City Manager C.* PREPARED BY: Chris Boone, Community Development Director MEETING DATE: March 8, 2011 REQUESTED ACTION: Council consider a request for an amended specific use permit to allow a modification to the landscaping/screening requirements by deleting the 8' tall screening fence and 10' wide landscape strip along the east and south sides of the property as part of a specific use permit to allow dental and optometry offices in a GC -MD -2 (General Commercial - Multiple Family Dwelling -2) District at 6705, 6725 and 6755 Delaware. RECOMMENDATION The Administration recommends approval of the modification to the landscaping/screening requirements along the south or east property lines until such time as the property to the south or east is developed. BACKGROUND Daron Etie, Peter Cass and Scott Traylor, representing Beaumont Property Investments have requested an amended specific use permit. Dr. Cass states that the original intent was to develop the property as a whole. The specific use permit that was granted for this property was conditioned upon providing the fencing and the landscape strip. However, in 2008, the subject property was subdivided into a three lot subdivision. Dr Etie built his dentistry office approximately one year ago on Lot 1. Dr. Cass recently opened his optometry office on Lot 2. The remaining property, Lot 3, is listed for sale. The doctors are requesting that the fences and landscape strips be waived until such time that Lot 3 is developed and that the fence and landscape strip along the east side of Lots 1 and 2 be waived until such time that the adjacent property develops. At a Joint Public Hearing held February 21, 2011, the Planning Commission voted 6:0 to deny the modification to the landscaping/screening requirements along the east property lines of Lots 1 and 2 and approval of the modification to the landscaping/screening requirements along the east and south property lines of Lot 3 until it is developed. BUDGETARYIMPACT None. ORDINANCE NO. ENTITLED AN ORDINANCE ISSUING AN AMENDED SPECIFIC USE PERMIT TO BEAUMONT PROPERTY INVESTMENTS TO ALLOW A MODIFICATION TO LANDSCAPING/SCREENING REQUIREMENTS AS PART OF A SPECIFIC USE PERMIT TO ALLOW DENTAL AND OPTOMETRY OFFICES IN A GC -MD -2 (GENERAL COMMERCIAL -MULTIPLE FAMILY DWELLING -2) DISTRICT AT 6705, 6725 AND 6755 DELAWARE. WHEREAS, on August 28, 2007, City Council approved Ordinance 07-084 issuing a specific use permit to Daron Etie to allow a dental office in a GC -MD -2 (General Commercial -Multiple Family Dwelling -2) District located on the east side of Delaware Extension, approximately 106' northeast of Wilcox Lane, subject to the following conditions: • Provide an 8' tall wood screening fence and 10' wide landscaping strip along the east and south property lines. WHEREAS, Daron Etie, Peter Cass and Scott Traylor, representing Beaumont Property Investments, wish to amend the specific use permit to allow for a modification to the landscaping/screening requirements by deleting the 8' tall screening fence and 10' wide landscape strip along the east and south sides of the property as part of a specific use permit to allow dental and optometry offices in a GC -MD -2 (General Commercial - Multiple Family -2) District at 6705, 6725 and 6755 Delaware; and, WHEREAS, the Planning and Zoning Commission of the City of Beaumont considered the request to amend the specific use permit to allow a modification to the landscaping/screening requirements by deleting the 8' tall screening fence and 10' wide landscape strip along the east and south sides of the property as part of a specific use permit to allow dental and optometry offices in a GC -MD -2 (General Commercial -Multiple Family -2) District at 6705, 6725 and 6755 Delaware; 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 1h • ii•► 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 07-084 be amended by amending the specific use permit granted to Daron Etie, his 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 modification to the landscaping/screening requirements by deleting the 8' tall screening fence and 10' wide landscape strip along the east and south sides of the property until such time as the property to the east and south is developed as a condition of the specific use permit to allow dental and optometry offices in a GC -MD -2 (General Commercial - Multiple Family -2) District at 6705, 6725 and 6755 Delaware. 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 07-084 and the regulations contained in Chapter 30 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 8th day of March, 2011. - Mayor Becky Ames - le 2075-P: Request for an amended specific use permit to allow a modification to the N idscaping/screening requirements by deleting the 8' tall screening fence and 10' wide idscape strip along the east and south sides of the property as part of a specific use rmit to allow dental and optometry offices in a GC -MD -2 (General Commercial -Multiple mily Dwelling -2) District. kation: 6705 and 6725 Delaware ►plicant: Beaumont Property Investments I 1 I 1 I 200 300 400 I I I I Feet Al EXHIBIT "A" r 03 4) 1.. 0 0 to a� o a, � o a, C, � O � o U � rn � O Q(U �o 2 a o U U tu o� 4.4 0 Cd iF t „8„ iISIHX3 s vi'll'i S N . r 03 4) 1.. 0 0 to a� o a, � o a, C, � O � o U � rn � O Q(U �o 2 a o U U tu o� 4.4 0 Cd iF t „8„ iISIHX3 EI March 8, 2011 Consider a request for amendments to the Zoning Ordinance, Section 28.03.023, Permitted Use Table, to conform to the new codification numbering and to correct typographical errors RICH WITH OPPORTUNITY [IEA,UMON* T • E • X • A • s City Council Agenda Item K13 City Council FROM: Kyle Hayes, City Manager CS7 PREPARED BY: Chris Boone, Community Development Director MEETING DATE: March 8, 2011 REQUESTED ACTION: Council consider a request for amendments to the Zoning Ordinance, Section 28.03.023, Permitted Use Table, to conform to the new codification numbering and to correct typographical errors. RECOMMENDATION The Administration recommends approval of a request for amendments to the Zoning Ordinance, Section 28.03.023, Permitted Use Table, to conform to the new codification numbering and to correct typographical errors. BACKGROUND The Planning Manager has requested amendments to the Zoning Ordinance. The Planning Manager is asking the Planning Commission and City Council to consider amendments to the Zoning Ordinance, Sec. 28.03.023, Permitted Use Table to conform to the new codification numbering and to correct typographical errors that have occurred over time. In 2006, City Council approved amendments to the Permitted Use Table to temporarily require that all uses in the CBD (Central Business District) require a specific use permit. In 2009, City Council approved amendments to the Permitted Use Table to allow some uses by right and others with a specific use permit. During these amendment processes, it appears that several versions of the Permitted Use Table were in use. After a thorough review, staff has compiled a Permitted Use Table that incorporates all the changes that have been approved by City Council. In addition, approval of these amendments would make the Permitted Use Table conform to the new codification numbering of the City Code of Ordinances. At a Joint Public Hearing held February 21, 2011, the Planning Commission voted 6:0 to approve amendments to the Zoning Ordinance, Section 28.03.023, Permitted Use Table, to conform to the new codification numbering and to correct typographical errors. BUDGETARYIMPACT None. ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING SECTION 28.03.023, PERMITTED USE TABLE, TO CONFORM TO THE NEW CODIFICATION NUMBERING AND TO CORRECT TYPOGRAPHICAL ERRORS CONTAINED IN THE CURRENT CODE OF ORDINANCES; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL; AND PROVIDING A PENALTY. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. THAT Section 28.03.023, Permitted Use Table, of the Code of Ordinances of the City of Beaumont be and the same is hereby amended to read as described in Exhibit "A," attached hereto and made a part hereof for all purposes. Section 2. That, in all other respects, the use of the properties described in Exhibit "A" shall be subject to all of the applicable regulations contained in Chapter 38 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 1-8 of the Code of Ordinances of Beaumont, Texas. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 8th day of March, 2011. - Mayor Becky Ames - EXHIBIT "A" SEC 28.03.023 PERMITTED USE -TABLE -.- ZONING Dis"I-RICT TT r T A -R R -S RM -M RM -H RCR RCR-HNC NSC GC-NID GC -MD -2 CBD C -M I -J PERMITTED PRIMARY USES SIC GROUP RFV 8/10 Parking Special1 Group Cond. S--- PP S P.P P Structural Wood Members i 244 Wood Containers 7 18 2499 Wood Products, Not Elsewhere Classified 7 i 18 7 7�7 7� 7 7,7- 18 7 18 (except as noted) ----- ----- — 265 Paperboard Containers and Boxes .-1-8 267 Converted Paper and paperboard 7 18 Products, except containers and boxes No Text No Text No Text SEC 28.03.023 PERMITTED USE TABLE REV sno Parking special V l(SF.S Group II Cnnd. �i i I I ti�RAL401�9. 8 ucts i als ucts Not 8 oholic Beverages i i i t�PWAa , i $ j I 13 8 SEC 28.03.023 PERMITTED USE TABLE ZONING DISTRICT _ RM -M RM H RCR RC -11 NC NSC GC MD GC MD - -2 CBD- — - — —.. S S SP P S P P S S S - --- S - P --- S -S --S-- -- ' I c c -L - -7 7-— - _ - S_ -1S 1 _ _ IPP ,P S P P PPS sz ,si~�tz�►oonmlatea}x�r�rhxcs 14 _ 1 .Y _ �.. - -- -�--- -- - ----- Parking PERMITTE D PRIMARI' USES Croup SIC GROUP AlIr......... 2FPif4tNQ 'k�AGI S (8s otec#} j 5812 Eating Places (Inc Carry Out Caterers) 11_26(9) 5813 Drinking Places 26 2082 Brewpubs- 26 2 -084 -Wineries 26 �n}sc�Ivus tzr�u �a� r�otEa) <`.i REV 8/10 Special Cond, _ 2 1 1 13 W HI PUD P P S P P S Ids - -7 7-— - _ - S_ -1S 1 _ _ IPP ,P S P P PPS sz ,si~�tz�►oonmlatea}x�r�rhxcs 14 _ 1 .Y _ �.. - -- -�--- -- - SEC 28.03.023 PERMITTED USE TABLE ZONING DISTRICT RM -M RN1-11 I RCR RCR-H�NC NSC GC-RIDIGC-MI)�2 CBD C -M_ 1A s— s s P P P P P P S s s- -S- - s s s REV 8/10 I Parking I Special sic PERMITTED PRIMARY USES Group t Cond. ___ HI PUD GROUP P S 14 S S 6553 Cemetery Subdivision and Developers I 41 (subject to state statutes) S S S- PP P S P P PPS 14 s s S S P S S S S P P 13 P - S 701 Hotels, Motels and Tourist Camps 701 Bed and Breakfast Facilities 702 Rooming and Boarding Houses 703 Camps and Recreational Vehicle Parks 704 Organization Hotels and Lodging Houses on Membership Basis 42 L _ 22 1 -J S S s S S s S s s S S P s s S s P s s S S S S S s S SSS S S PP �p s S P P P S 17211 Power Laundries, Family and Commercial ­-­-­-----­­ --- ­­­ J P P P P S - S P P . �p s 17212 Garment Pressing and Agents for Laundries -and --Dry Cleaning ,---- s P P P s P P P P S 17213 Linen Supply 7 S P P s s P P P S 17215 CoinOperatedLaundries and 39 S P PP is s P �p P S Dry -Cleaning �7216 Dry Cleaning Plants S S P P P P P P P P s s s s s S P �p P P PPS P P S 7217 Carpet and Upholstery Cleaning 7218 Industrial Launderers 7219 Laundry and Garment Services, i i -7 P P S Not Elsewhere Classified_ 722 Photographic Studios, Portrait i A I 14 S s P P P s P P FP P S P P P P P S is s SP s P P P P P P P P S Is S P P PPP 723 Beauty Shops, 724 Barber Shops 725 Shoe Repair Shops, Shoe Shine Parlors- 11 13 P P P S S P P P s �s s s �p P P P P P s S and Hat Cleaning Shops 726 Funeral Servic. and Crematories 729 Misc. Personal Services(except as noted) 25 14 P CaCC- P- Massage Parlors 13 2 P PP Adult Modeling or Photo Studio 13 2 SEC 28.03.023 PERMITTED USE TABLE ZONING DISTRICT RM -M 7-11RCR RCR-H NC�NSC-JGC-MDIGCMD-2--- REV S/10 _ Parking Special PERMITTED PRIMARY USES Group Cond. C OUP --- -. _.— --- S S Is S - -- S S S --- — S S IP S S S S S P S P P P S P P S P P P P P P P S P P P P P S P S S S S S S S S S P S P P P P P P P P P_ P P P P P S S S S — r 7311 Advertising Agencies 14 7312 Outdoor Advertising Services - 14 7313 Radio Television and Publishers' Advertising Representatives - 7319 Advertising, Not Elsewhere Classified 14 732 Consumer Credit ReP orting Agencies, 14 Mercantile Reporting Agencies and Adjustment and Collection Agencies 733 Mailing, Reproduction, Commercial Ar t& 14 Photography, and Stenographic Services 734 Services to Dwellings and Other Buildings i 7 � 7.35 Miscellaneous Equipment Rental and 7 Leasing ( as noted) Medical Equipment Rental and Leasing 7 Heavy Const. Equipment Rental and 7 Leasing 17359 Equipment Rental and Leasing, Not 7 Elsewhere Classified 736 Personnel Supply Services (as noted) 7361 Employment Agencies 14 I 7363 Help Supply Services 737 Computer and Data Processor services and i 14 _ --_- - g- Other Computer Related Services 738 Miscellaneous Business Services 1 14 1 (except as noted) 7389 Business Services, Not Elsewhere 7/14 1 -- Classified (of a general office character) _ ---_ I i ! 13 L 13 ! 13 13 11 I t-13 P P P P S S S S S P- S S P P P P P P P PPS P P P I P S S S 17352 S S S - S S S SI l S _ S I P P P P PP S S S P P P S7353 I S S S P P_ , P lP t-- S S S S S _ - S - �7 -- - S P P P P P P P S - S S S S S S_ P P P S -- -- -- — - — P - - S S P - P P - PPS -- P P --- - P P S- S - --------------- g 24 S S S P S S P P P S 752 Automobile Parkin S SS P S S P P P S 751 Automobile Rental and Leasin g 0 i 26 jS S S P S S P P P S 17532 Top and Interior Repair Shops 19 9 - _ 1 is S S P PPS 7532 Paint and Body Repair Shops 9 S P P S P P P S 17533 Automotive Exhaust System Repair Shops 119 9 9 S S S P P P S 17534 Tire Retreading Shops j SEC 28.03.023 PERMITTED USE TABLE REV - 8/ - 10 ZONING DISTRICT Parking Special PERAIMED PRIMARY USES Group Cond. SIC RM -.M RM -H RCR RCR-H N(.' NSCMID GC -MD -2 CBD C -M Ll Hi PUD GROUP JGG--- S S P P S S P PPS 7534 Tire Repair Shops 19 .s p P S S P P P S 7536 Automotive Glass -Replacement Shops 19 1 9 S P P S P P P S 7537 Automotive Transmission Repair Shops 19 i 9 S S P P S S P P P S 7538 General Automotive Repair Shops S s P P S S P PPS 7539 Automotive Repair Shop, Not 19 -9 Elsewhere Classified iS S P P S S P P P S 754 Automotive Services, Except Repair 9 15 2 i i I ! - - - -- - - - - - S S s P P S P P P P S 791 Dance Studios, Schools and Halls 14 I fi S S P P S P P P P S 1792 Theatrical Producers, Bands, Orchestras 14 and Entertainers - S S P P s P P P PS 1793 Bowling Centers 32 c S P P P PS 1794 Commercial Sports 25 S P P P s P P P P S 7991 Physical Fitness Facilities 14 P P P P P P P P P S P P P P 7992 Public Golf Courses 33 S S P .]P S P P PPS 7993 Coin Operated Amusement Devices 12 SEC 28.03.023 PERMITTED USE TABLE ZONING DISTRICT T P S S S l S s S S Parking Group REV 8/10 Spccial C.end. PERMITTED PRIMARY USES S S S I S P P P &D IiEA�.TFI S�RtrB (�s nc3ted) _ ... •... _. _ _. 801 Offices and Clinics of Drs. of Medicine 14 - 802 Offices and Clinics of Dentists 114 I t 803 Offices and Clinics of Drs. of Osteopathy 14 804 Offices and Clinics of Other Health 14 Practitioners Inc. Massage Therapist sic -- - - - --- A-R R -S RM -M RM H RCR RCR-H NC NSC G(-t11U GC -MD -2 CBD GM LI HI PUD GROUP --- --- ---._ -_. _... -- - --- 1 .. .._ P P IS P P S S P PP S 7996 Amusement Parks 41 P P P P S S P P �S - P - -- P S S S S S S P P P S P -P PPP 7997 Membership Sports and Rec. Clubs 13 P S S S S S S P - P S S P P P P 7999 Amusement and Recreation Services, 26- I I S -is S S P P i P k- S -- Elsewhere Classified P P - P S S S l S s S S P P P P P P P P P Is P P P S S S I S P P P &D IiEA�.TFI S�RtrB (�s nc3ted) _ ... •... _. _ _. 801 Offices and Clinics of Drs. of Medicine 14 - 802 Offices and Clinics of Dentists 114 I t 803 Offices and Clinics of Drs. of Osteopathy 14 804 Offices and Clinics of Other Health 14 Practitioners Inc. Massage Therapist S 805 Nursing and Personal Care Facilities 28 S 1 S -- — - j S S P P P P S P P P P PS S S Is P P P P P P P P S S P P P P P S �S S S P P P PPS P I'; P S P P P P S 805 Nursing and Personal Care Facilities 28 S 1 S S SS j _ s' P P S - P P P - P - S Bob Hospitals - - - I -28 -- --- �- - S s{ I P P P �S P P P P S j1307 Medical and Dental Laboratories 7 P P S P P PP S '808 Home Health Care Facilities 14 S S S S -is S S P P i P k- S -- P P P - P S -I-_—_ 809 Miscellaneous Health and Allied Services 18 --- -, i Not Elsewhere Classified P S S S S S � Is S fl S S P ss P 1p S S { S P P P P 6S CERt SRVIGES 14 �82 >~{XGJ�ATIOAtAk. ��RVIC�S ras bated) 1821 Elementary Schools 30 S S IS S S _ S - —t —_ s_s - s s { �I s 1; s - s PIs ssI 1 S 1821 Secondary 30/31 Schools - 'I iss ISP IP S f P P P S 1822 Colleges, Universities, Professional 30/31 I i P P P Schools and Junior Colleges 823 Libraries 8- 824 Vocational Schools 1 30/31 P S S P P P P P S S P P P P P P S P P PPP - S PIP f P - S�- P P P P S '- 829 Schools and Educational services, 30/31 j Not Elsewhere Classified P P P P P S �S S S P P P PPS P S $s SfiGCASERvfCE$(CXcepiasnot3 ss� c+,adaayfes��rfap$ P S S S i,8361 Residential Care (except as noted) _ i Halfway Hes for Delinquents Homes - - - - 1 Offenders 41 j 41 I_ 1 41 19 - 41 19 I_ No Text REV snn — -- -- -- ! Parking t I Special PFRM[TIED PRIMARI [!SE.S Group i sic Cond. PuD t GROUP _ �610N-GiA$9FFiEp tl$�S � _ } P Single -Family Dwellings 3 I Two -Family Dwellings i 3 I Multi Family Dwellings 2 ! Cluster Housing Mobile Home Park 4 27 27 I 4 S S P S S Mobile Home Subdivision 4 4 S Model Dwelling Unit 3 P Family Home (see definition) 41 P! -!- P - P Accessory Building, Structure or Use Garage Apartment 1 I 7114 5 S P Home Occupation 14 IP _ P Servants or Caretakers Quarters - P _ �P -- _- 8 Cable Television, Transmission Line ------ --- - - -_ - - ----- Private Recreational Facility _ P P - — Swimmin Pool — immi 9_ -- - - - - - - 3 - P Solar Collectors I. j P Temporary Portable Storage Containers - — c 25 ! I S P! -!- P - P - P - P P - P P IP _ P S _ P _ P - P _ P - - Cable Television, Transmission Line ------ --- - - -_ - - ----- - - -1 P P P P P P P P P P S P P P P Electrical Transmission Line P P P P P P P P P P P P �P P S Fiber Optic Cable Communications Line I S' S __ S S P P P S Electrical Generating Plant f 41 S S— S S P S �P S P S{ P S P Si P S P S S P P P P P P S P Electrical Substation 41 - Local Utility Service Line 41 P P P c J__ �'S 1- Is S kS I S S (S S S rS S fS ss P P S Radio, Television, Microwave and Cellular 41 Telephone Transmission Towers Railroad Tracks and Switching Yards 24 S S P i P P P P P P P P P S P PPP sewage Pimping station 41 P I- P -_ P P P P P P P P S P P P P Sewa 9 e Treatment Facilities-- 41 - -— - - - P �P P P P P P P S P PPP Telephone Exchange, Switching Relay or 41 Cf~(' 7R wi n7R PERMITTED 11SF TARLE REV 8/10 A -R P R -S P RM -M P ZONING RM -H P DISTRICT RCR P P S RCR-H P P P NC P P P NSC P P P CC MD S P P P GC -MD -2 S P P S CBD S S S S C -M P P P P LI PPS PPP P P HI PS P — _— PERMITTED PRIMARY USES sic PUD GROUP Transmitting Station utility Service or Storage Yard or Buildings Water Standpipe or Elevated Supply, Water Reservoir Well or Pumping Station Water Treatment Plant S utility Business Office -- -- --- - Parking Group Spccial Cond. 41 41 41 I -14 I I P P P P 61 March 8, 2011 Consider the abandonment of a drainage easement at 4975 Sassafras Lane RICH WITH OPPORTUNITY IIEAUMON* T • E • % • A • S TO: City Council Agenda Item City Council FROM: Kyle Hayes, City Manager PREPARED BY: Chris Boone, Community Development Director MEETING DATE: March 8, 2011 REQUESTED ACTION: Council consider the abandonment of a drainage easement at 4975 Sassafras Lane. RECOMMENDATION The Administration recommends approval subject to the following conditions: A new storm sewer pipe will be installed from the existing curb inlet on Sassafras Lane as per the Public Works Department's letter to Mr. Dennings dated February 10, 2011. A new 15' storm sewer easement shall be dedicated to the City and approved by City Council prior to the abandonment of the existing 15' easement. The City of Beaumont shall be released from any liability that may arise from the existing pipe located under your newly constructed structure. BACKGROUND Charles Dennings has applied for the abandonment of a drainage easement. The subject abandonment is for a 10' wide drainage easement that sits underneath a newly constructed house at 4975 Sassafras Lane. Mr. Dennings owns Lots 17 and 18, Block 4, The Woodlands Addition, Unit IV. The drainage easement runs along the property line separating Lots 17 and 18. The house was built over the easement and an 18" storm sewer line. The Public Works Department, has approved two alternatives for the rerouting of the drainage facilities. Fittz and Shipman, Inc. has submitted a plan whereby a 15' wide drainage easement along the west property line of Lot 18 will be dedicated to the City. The Public Works Department also recommends that the existing storm sewer be filled with a flowable grout once capped. At a Regular Meeting held February 21, 2011, the Planning Commission recommended approval 6:0 of the abandonment subject to the following conditions: A new storm sewer pipe will be installed from the existing curb inlet on Sassafras Lane as per the Public Works Department's letter to Mr. Dennings dated February 10, 2011. A new 15' storm sewer easement shall be dedicated to the City and approved by City Council prior to the abandonment of the existing 15' easement. The City of Beaumont shall be released from any liability that may arise from the existing pipe located under your newly constructed structure. BUDGETARYIMPACT None. ORDINANCE NO. ENTITLED AN ORDINANCE VACATING AND ABANDONING A 10' WIDE DRAINAGE EASEMENT OUT OF LOTS 17 AND 18, BLOCK 4 OF WOODLANDS ADDITION, UNIT IV, BEAUMONT, JEFFERSON COUNTY, TEXAS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT a 10' wide drainage easement out of Lot 17 and 18, Block 4 of Woodlands Addition, Unit IV, City of Beaumont, Jefferson County, Texas, as described in Exhibit "A" and shown on Exhibit "B," attached hereto, be and the same are hereby vacated and abandoned and that title to such property shall revert to and become the property of the persons entitled thereto, as provided by law, subject to the following conditions: A new storm sewer pipe will be installed from the existing curb inlet on Sassafras Lane as per the Public Works Department's letterto Mr. Dennings dated February 10, 2011. A new 15' storm sewer easement shall be dedicated to the City and approved by City Council prior to the abandonment of the existing 15' easement. The City of Beaumont shall be released from any liability that may arise from the existing pipe located under your newly constructed structure. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 8th day of March, 2011. - Mayor Becky Ames - LEGAL DESCRIPTION FOR ORDINANCE PURPOSES That certain 0.0268 acre tract for the abandonment of a portion of a 10' wide drainage easement out of Lot 17 and 18, Block 4 of Woodlands Addition, Unit IV, a plat recorded in Volume 13, Page 8 of the Map Records of Jefferson County, Texas, said Lot 17 being conveyed to Charles E. Dennings as recorded in Clerk's File No. 2003021021 of the Official Public Records of Jefferson County, Texas and said Lot 18 being conveyed to Charles E. Dennings as recorded in Clerks File No. 2003004305 of the Official Public Records of Jefferson County, Texas, said 0.0268 acres being more particularly described by metes and bounds as follows: NOTE: Basis of Bearings is the east line of Lot 17, Block 4 of said Woodlands Addition, Unit IV having been called South 00°28'24" East 130.66 feet. COMMENCING at a capped iron rod found in the south right-of-way line of Sassafras Street for the northeast line of Lot 19 of said Woodlands Addition, Unit IV and the northwest corner of said Lot 18 from which a %" iron rod found in the said south right-of- way line of Sassafras Street bears South 85°42'46" West 77.16 feet; THENCE North 83°16'48" East along the said south right-of-way line of Sassafras Street and the north line of said Lot 18 a distance of 70.46 feet (called North 83°38'17" East) to a point for the northwest corner of the said 0.0268 acre tract and the POINT OF BEGINNING; THENCE North 83°16'48" East continuing along the said south right-of-way line of Sassafras Street and the said north line of Lot 18 and 17 a distance of 10.06 feet (called North 83°38'17" East) to a point for the northeast corner of the said 0.0268 acre tract from which a 3/4" iron rod found for the northeast corner of said Lot 17 bears North 83°16'48" East 80.41 feet (called North 83°38'17" East; THENCE South 00'28'14" East along the east line of the said 0.0268 acre tract a distance of 117.09 feet to a point for the southeast corner of the said 0.0268 acre tract; THENCE South 89'33'17" West along the south line of the said 0.0268 acre tract a distance of 10.00 feet to a point for the southwest corner of the said 0.0268 acre tract; THENCE North 00028'14" West along the west line of the said 0.0268 acre tract a distance of 115.99 feet to the POINT OF BEGINNING and containing 0.0268 acres of land, more or less. EXHIBIT "A" EXHIBIT "A", PAGE 5 OF 5 NUMBER DIRECTION DISTANCE L7 S 00'31'37" E 109.94 L2 N 89'33'17 E 54.93 L3 S 00'28'14" E 15.00 L4 S 89'33'17" W 69.92 L5 S 00'28'14" E 117.09 L6 S 89'33'17" W 10.00 L7 N 00'28'14" W 115.99 EXHIBIT "B" 0:\PROJECTS\11013 4975 SASSAFRAS\r MT\11013E=ts.dwg Feb 14. 2011 01:36pm 15' WIDE DRAINAGE EASEMENT AND THE ABANDONMENT OF A PORTION OF A 10' WIDE SHEET NO. Fittz&Shipman DRAINAGE EASEMENT INc. PROJECT NAME: CHARLES E. DENNINGS, SR. 5 CmultingEsgueeosandzandS—eyors 4975 SASSAFRAS STREET 1405 CORNERSTONE COURT. BEAUMONT. TEXAS BEAUMONT, TEXAS PROJECT NO. (409) 832-7238 FAX (409) 832-7303 DATE: 2_6_11 11013 WOODLANDS UNIT III VOL 13, PG. 7, M.R.J.C. FENCE iF B L 0 C K 4 LOT 7 FORnCORNER 0 'iNG FOUND s o PED LOT 8 IRONP RODr _ 5 79'31 48' W 09) 76• • • . w �cnuE9,2¢02 W M — FOUND �^ $ 00 a. IRON ROD �Y1 56.5A) _rE0 711- 3p 4W 86.34 W �• O• CD e� _ (cau7g11EVV ASEMENT S t6 U8 EA H S _ �/ L4/ av w CD CD 't7 CD ` L\ /L2 N I _� CD -- — ' " LOT 19 OCD op. CD 0LOT B L 0 K 4 Nn 16 I Iv o . o d o LOT 17 I LOT 18 3 N I.� : CD n �*o m I clfl N M o ^� ii Oy CCD CCD Ej N t2O Z w M T TRACT 1 N 15' WIDE DRAINAGE j^ M Z I oo J �Dv, a a w TRACT 2 EASEMENT ' z O N N m m■ o of ABANDONMENT OF A PORTION J 0.0617 ACRES v I Nom' CD co ?�. o N NOF A 10' DRAINAGE pr c" a o o EASEMENT 0.0268 ACRE N CL OD 0 CL cn "' � \ � _ —� I FOUND 1 --1 IRON ROD r cD CD ,r� w i-.... R CD CD - �'- -- -- _ _ 25 BUILDING LINE POINT OF BEGINNING S 85'77.166" W �D '�,,, CD CL �' CD _�_ I\ I TRACT 2 R OOn 8. 15.09 CL 0.06 55'37 POINT OF tD wBEGINNING n C 80.41 N 8316'48" E 160.93 160.93) TRACT 1 �. S✓ CALLED N 83'3817' E COMMENCING a c � STREET TROINT ACT 2 � 4975 S-- FOUND FOUND �y '�'' FOUND 3 4 IRON ROD IRON _!fit C O ROD O O to C � w tZ CD cn c" — w �-' N SURVEYOR'S CERTIFICATION: twn I DO HEREBY CERTIFY, TO THE THAT THIS IS AN ACCURATE BEST OF MY KNOWLEDGE AND BELIEF, PLAT OF A SURVEY &DESCRIPTION MADE • r fes. ON THE GROUND UNDER MY ,ttx SUPERVISION DURING JANUARY 2011. : TC,IL• 419 "f° O) * ° N /v/A'V// WALTER J. KSIAZFY , CDD WALTER J. KSIAZEK REGISTERED PROFESSIONAL LA SURVEYOR 5.121 0 15 30 S C A L E EXHIBIT "B" 0:\PROJECTS\11013 4975 SASSAFRAS\r MT\11013E=ts.dwg Feb 14. 2011 01:36pm 15' WIDE DRAINAGE EASEMENT AND THE ABANDONMENT OF A PORTION OF A 10' WIDE SHEET NO. Fittz&Shipman DRAINAGE EASEMENT INc. PROJECT NAME: CHARLES E. DENNINGS, SR. 5 CmultingEsgueeosandzandS—eyors 4975 SASSAFRAS STREET 1405 CORNERSTONE COURT. BEAUMONT. TEXAS BEAUMONT, TEXAS PROJECT NO. (409) 832-7238 FAX (409) 832-7303 DATE: 2_6_11 11013 a March 8, 2011 Consider the abandonment of a utility easement between Avenue E and Avenue F RICH WITH OPPORTUNITY BEA,11'i'imON* T • E • % • A • S TO: City Council Agenda Item City Council FROM: Kyle Hayes, City Manager 6)(3 PREPARED BY: Chris Boone, Community Development Director MEETING DATE: March 8, 2011 REQUESTED ACTION: Council consider the abandonment of a utility easement between Avenue E and Avenue F. RECOMMENDATION The Administration recommends approval of the abandonment subject to the following condition: Any utilities within the proposed abandonment will have to be moved at BISD's expense. BACKGROUND Robert Zingelmann, Director of Business and Finance for BISD, has applied for the abandonment of a utility easement between Avenue E and Avenue F. In April, 1997, City Council approved the abandonment of Milam Street, between Avenues E and F subject to the retention of a 60'x 300' general utility and drainage easement. The current abandonment request is being made to allow for the construction of expanded cafeteria facilities on the site to accommodate the growing needs of Fletcher Elementary School. The school, originally built for approximately 300 students, currently accommodates over 750 children. The existing cafeteria is grossly undersized causing hardships for both staff and students. At this time, lunch begins at 11:00 a.m. and stretches to 1:30 p.m. with a short period of time for each student to eat. The plan is to add additional kitchen capacity and dining area so that the children can be fed in a prompt and orderly manner. The easement runs directly through the school campus and is roughly adjacent to the existing cafeteria building. The only option available to BISD is to add a 54' extension to the existing building. The utility and drainage facilities that required the need for the utility and drainage easement have either been abandoned or will be moved. This item was sent to all interested parties. Entergy has an existing electrical pole line within the easement. Entergy will not object to the abandonment as long as the line is moved at BISD's expense. At a Regular Meeting held February 21, 2011, the Planning Commission recommended approval 6:0 of the abandonment subject to the following condition: Any utilities within the proposed abandonment will have to be moved at BISD's expense. BUDGETARYIMPACT None. ORDINANCE NO. ENTITLED AN ORDINANCE VACATING AND ABANDONING A UTILITY EASEMENT BETWEEN AVENUE EANDAVENUE F, BEAUMONT, JEFFERSON COUNTY, TEXAS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT a utility easement between Avenue E and Avenue F, City of Beaumont, Jefferson County, Texas, as described in Exhibit "A" and shown on Exhibit "B," attached hereto, be and the same are hereby vacated and abandoned and that title to such property shall revert to and become the property of the persons entitled thereto, as provided by law, subject to the following condition: • Any utilities within the proposed abandonment will have to be moved at the expense of The Beaumont Independent School District. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 8th day of March, 2011. - Mayor Becky Ames - LEGAL DESCRIPTION FOR ORDINANCE PURPOSES That certain 0.4135 acre tract for the abandonment of a 60' wide general utility and drainage easement described in Ordinance No. 97-20 as recorded in Clerk's File No. 9711305 of the Official Public Records of Jefferson County, Texas, and being between Block 20 and 21 of Blanchette Addition, a plat recorded in Volume 1, Page 25 of the Map Records of Jefferson County, Texas, said 0.4135 acres being more particularly described by metes and bounds as follows: NOTE: The Basis of Bearings is the southeasterly line of Block 20 and the northwesterly line of the said 60' wide easement being assumed North 419 Y00" East. COMMENCING at a %2" iron rod found at the intersection of the northwesterly right-of- way line of Milam Street and the southwesterly right-of-way line of Avenue F for the east corner of Block 25 of said Blanchette Addition; THENCE North 41'13'00" East a distance of 60.00 feet to a point at the intersection of the said northwesterly right-of-way line of Milam Street and the northeasterly right-of-way line of Avenue F for the south corner of said Block 20, the west corner of the said 60' wide easement and the said 0.4312 acre tract, and being the POINT OF BEGINNING; THENCE North 41'13'00" East along the southeasterly line of said Block 20 and the northwesterly line of the said 60' wide easement and the said 0.4132 acre tract a distance of 300.00 feet (called 300.00 feet) to a point at the intersection of the said northwesterly right- of-way line of Milam Street and the southwesterly right-of-way of Avenue E for the east corner of said Block 20 and the north corner of the said 60' wide easement and the said 0.4312 acre tract from which a'/Z" iron rod found at the intersection of the said northwesterly right-of-way line of Milam Street and the northeasterly right-of-way line of Avenue E for the south corner of Block 5 of said Blanchette Addition bears North 41'13'00" East 60.86 feet. THENCE South 48°47'00" East along the northeast line of the said 60' wide easement and the said 0.4132 acre tract a distance of 60.00 feet (called 60.00 feet) to a point at the intersection of the southeasterly right-of-way line of Milam Street and the said southwesterly right-of-way line of Avenue E for the north corner of said Block 21 and the east corner of the said 60' wide easement of the said 0.4132 acre tract; THENCE South 41°13'00" West along the northwesterly line of said Block 21 and the southeasterly line of the said 60' wide easement and the said 0.4132 acre tract a distance of 300.00 feet (called 300.00 feet) to a point at the intersection of the southeasterly right-of- way line of Milam Street and the said northeasterly right-of-way line of Avenue F for the west corner of said Block 21 and the south corner of the said 60' wide easement and the said 0.4132 acre tract from which a 3/4" iron pipe found at the intersection of the said southeasterly right-of-way line of Milam Street and the said southwesterly right-of-way line LEGAL DESCRIPTION continued of Avenue F for the north corner of Block 24 of said Blanchette Addition bears South 41'10'46" West 60.18 feet; THENCE North 48°47'00" West along the southwesterly line of the said 60' wide easement and the said 0.4132 acre tract a distance of 60.00 feet (called 60.00 feet) to the POINT OF BEGINNING and containing 0.4135 acres of land, more or less. Ic Z O 0 a anNaAV „8„ 1191HX3 E-0 W cil fCD O tp 3 „ 00,Liv.9-V S 00'09 (00*09 03-11Vo) (0o"09 a3-nvo) 7 MS W L W WZo mos pFN 6 C' w U w m N O W o U � O OWWZ Y > K D _ N O o¢o NSW m¢a w CL V) �w} F0�� Q }'U w0 F¢z it wzo W U Q z V }NO mw (-n O M2 >- =r= O Of 0 cr m zZ O Y N wm Q O Ya w j w w wr 3m 0 0 0 Z z o r O W M W LO o 0o W w o H w Qi W W � Q E- H � O o� � O F wzF 0 n fs,—O 04 oh O oE- P, s U Z �oa N n N C y O 0 z O Q O a o a O 0 0 } =Z a 4J Q M O 0m O U O o CL t W m x o � w 0 O N N NN w N M W O y, V O T� Ln p, o o a M „UU,L-V.M'V N 0 00 ED d 0 �w Z w N J c� o W 15 M a S Ld o?o a J� O dog :o-/ J ID 0 v 0 g p V) W J � O Q = U N Ocn r N z Cp O Q W N o Y a m o o z p N W O U W � o M Io o p o O O W m -P M¢ JC, < M v J W w"� �a m = V) Z 014 � r W v 1 J Z r, ,O F: LO Z M W oF- U a¢ z(D www J w Z W Zz�¢ z LL zw oa lL0 OW Mo O? Yx F- Z Zz w o OW am (0o"09 a3-nvo) 7 MS W L W WZo mos pFN 6 C' w U w m N O W o U � O OWWZ Y > K D _ N O o¢o NSW m¢a w CL V) �w} F0�� Q }'U w0 F¢z it wzo W U Q z V }NO mw (-n O M2 >- =r= O Of 0 cr m zZ O Y N wm Q O Ya w j w w wr 3m 0 0 0 Z z o r O W M W LO o 0o W w o H w Qi W W � Q E- H � O o� � O F wzF 0 n fs,—O 04 oh O oE- P, s U Z �oa N n N C y O 0 z O Q O a o a O 0 0 } =Z a 4J Q M O 0m O U O o CL t W m x o � w 0 O N N NN w N M W O y, V O T� Ln p, o o a M „UU,L-V.M'V N 0 00 ED d 0 �w Z w N J c� o W 15 M a S Ld o?o a J� O dog :o-/ J ID 0 v 0 g p V) March 8, 2011 Consider authorizing the City Manager to execute a joint election agreement for a general election for the City of Beaumont, Beaumont Independent School District, and the Port of Beaumont, for the conducting of a General Election on Saturday, May 14, 2011, with a runoff election to be held in June, 2011, if necessary RICH WITH OPPORTUNITY 11EA,[1M011T T • E • x • A • s City Council Agenda Item TO: FROM: PREPARED BY: MEETING DATE: REQUESTED ACTION: City Council Kyle Hayes, City Manager Tina Broussard, City Clerk, TRMC March 8, 2011 A resolution authorizing the City Manager to execute a joint election agreement for a general election for the City of Beaumont, Beaumont Independent School District, and the Port of Beaumont, for the conducting of a General Election on Saturday, May 14, 2011, with a runoff election to be held in June, 2011, if necessary. RECOMMENDATION The Administration recommends authorizing the execution of a joint election agreement for a general election for the City of Beaumont, Beaumont Independent School District, and the Port of Beaumont, for the conducting of a general election on Saturday, May 14, 2011, with a runoff election to be held in June, if necessary. BACKGROUND Chapter 271 of the Texas Election Code provides, if the elections ordered by the authorities of two or more political subdivisions are to be held on the same day in all or part of the same territory, the governing bodies of the political subdivision may enter into an agreement to hold the elections jointly in the election precincts that can be served by common polling places. The City of Beaumont, Beaumont Independent School District, and the Port of Beaumont will conduct elections on Saturday, May 14, 2011. This action would authorize the City to hold the May 14th election jointly with the other entities and conduct a runoff if necessary in June, 2011. BUDGETARY IMPACT Expenses of the joint election would be divided equally among the entities having the common election. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manger is hereby authorized to execute a Joint Election Agreement with the City of Beaumont, Beaumont Independent School District and the Port of Beaumont for the General Election to be held on May 14, 2011, with a runoff election to be held in June, 2011, if necessary. The agreement is substantially in the form attached hereto as Exhibit "A" and made part hereof for all purposes. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 8th day of March, 2011. - Mayor Becky Ames - JOINT ELECTION AGREEMENT ELECTION SERVICES CONTRACT BETWEEN THE CITY OF BEAUMONT AND BEAUMONT INDEPENDENT SCHOOL DISTRICT AND THE PORT OF BEAUMONT FOR THE CONDUCT OF A JOINT ELECTION TO BE HELD SATURDAY MAY 14, 2011 TO BE ADMINISTERED BY THE CITY CLERK 1. JURISDICTION 1.1 The General Election for the City of Beaumont to held on May 14, 2011. 1.2 The City of Beaumont, the Beaumont Independent School District and the Port of Beaumont either have or may order an election to be held on the 14" day of May, 2011, relating to the affairs of each entity. 1.3 A list of each precinct and election day polling locations involved in the j oint election, is shown in Attachment "A". 2. ADMINISTRATION The City Clerk of the City of Beaumont agrees to coordinate, supervise and handle all aspects of administering the Joint Election in accordance with the provisions of the Texas Election Code as outlined in this agreement. Each participating authority agrees to pay the City of Beaumont for equipment, supplies, services and administrative costs as outlined in this agreement. The City Clerk will serve as administrator for the election; however, each participating authority remains responsible for the lawful conduct of their respective election. 3. LEGAL DOCUMENTS Page 1 EXHIBIT "A" 3.1 Each participating authority will be responsible for preparation, adoption and publication of all required election orders, resolutions, notices and any other pertinent documents required by their respective governing bodies. 3.2 Any submission of pre -clearance to the Department of Justice, will be the responsibility of each participating authority. Preparation of necessary bilingual materials for notices and preparation of the text for the official ballot will also be the responsibility of each participating authority. Each participating authority will provide a copy oftheir respective election notices and justice submission to the City Clerk. 4. DIRECT RECORD VOTING SYSTEM/OPTICAL SCAN 4.1 Each participating authority agrees that voting at the joint election will be by use of a direct record and optical scan voting system approved by the Secretary of State in accordance with the Texas Election Code. The City Clerk's Office will be responsible for the preparation of programs and the testing of the direct record system and optical scan system used for tabulating the ballots. 4.2 The City of Beaumont agrees to provide direct recording electronic devices (DRE), and voting booths for the joint election. VOTING LOCATIONS 5.1 Voting locations will be the voting locations for the City precincts as approved by the City Council ofthe City of Beaumont on January 25, 2011. The voting locations are listed in Attachment "A" of this agreement. In the event a voting location is not available, the City Clerk will arrange for use of an alternate location with the approval of each participating authority affected by the change. The City will be responsible for submitting any polling location changes to the Department of Justice for pre -clearance that changes from the list approved on January 25, 2011. The City will notify each participating authority of any changes from the locations listed in (Attachment "A"). 6. ELECTION JUDGES, CLERKS AND OTHER ELECTION PERSONNEL 6.1 The City Council ofthe City of Beaumont approved the appointments ofthe presiding judge and alternate for each polling location on January 25, 2011. The City Clerk shall arrange for the training and compensation of all presiding judges and clerks. The election judges are listed in Attachment "A" of this agreement. If a person is unable or unwilling to serve, the City Clerk will appoint someone on an emergency basis and notify each entity. Page 2 6.2 In compliance with the Federal Voting Rights Act of 1965, as amended, precincts containing more than 5% Hispanic population, according to the 2000 census statistics are required to have interpreter assistance. If the presiding judge is not bilingual and is unable to hire a bilingual clerk, the City Clerk may make a recommendation. The City Clerk has available one staffmember who may assist at polling locations if necessary. 6.3 The City Clerk will hold schools of instruction on the use of electronic and optical scan voting equipment and on election laws. All election judges and alternates must attend an election judge training session taught by the City Clerk. 6.4 The election judges are responsible for picking up election supplies at the time and place determined by the City Clerk. Each election judge, alternate and clerk will receive $8.00 per hour (for a maximum of 14 hours) on Election Day. The election judge will receive an additional $25.00 for delivering election returns and supplies to the Central Counting Station (Beaumont Civic Center). All poll workers for the Early Voting period under the supervision of the Early Voting Clerk, (City Clerk) will be compensated at a rate of $8.00 per hour. 6.5 The City Clerk will employ other personnel necessary for the proper administration of the election, including such part-time help as necessary to prepare for efficient tabulation of ballots at the central counting station (Beaumont Civic Center). Personnel working in support ofthe central counting station on election night will receive pay for at least two hours, minimum call for service, regardless of the actual hours worked. 7. SUPPLIES AND PRINTING 7.1 The City Clerk will arrange for all election supplies and election printing, including, but not limited to, all forms, signs and other materials used by the election judges at the voting locations. 7.2 The City Clerk will provide instructions and other information needed to enable the election judges to conduct a proper election. 7.3 Each participating authority shall furnish the City Clerk a list of candidates and/or propositions showing the order and the exact manner in which their candidate names and/or propositions are to appear on the official ballot. The list will be delivered to the City Clerk no later than 12:00 noon on March 18, 2011. Each participating authority will be responsible for proofreading and approving the ballot in so far as it pertains to that authority's candidates and/or propositions. 8. OPTICAL SCAN BALLOTS Page 3 8.1 The ballot allocation for Election Day is based on providing enough ballots in every reporting precinct to handle the same turnout as in comparable elections that utilized the optical scan ballot plus an additional twenty-five percent (25%) of that number. 8.2 E S & S Election will print the ballots for Early Voting by mail as well as the provisional ballots for the Early Voting period and a minimum of twelve (12) ballots per ballot style will be available at the Early Voting locations. 9. RETURNS OF ELECTION 9.1 The City Clerk will be responsible for establishing and operating the central counting station (Beaumont Civic Center) to receive and tabulate the voted ballots in accordance with the provisions of the Texas Election Code and of this agreement. 9.2 The participating authorities hereby, in accordance with Section 127.002,127.003 and 127.005 of the Texas Election Code, appoint the following central counting station officials: Manager: Sheri Menges and Staff of Election Systems and Software 9.3 The manager or their representative will deliver timely cumulative reports of the election results as precincts are tabulated. The manager will be responsible for releasing cumulative totals and precinct returns from the election to the j oint participants, candidates, press, and general public by distribution of hard copies. 9.4 The City Clerk will prepare the unofficial canvass report after all precincts have been counted, and will deliver a copy of the unofficial canvass to each participating authority as soon as possible after all returns and provisional ballots have been tabulated. All participating authorities will be responsible for the official canvass of their respective elections. 9.5 The City Clerk will be responsible for conducting the post election manual recount, unless a waiver is given from the Secretary of State in accordance with Section 127.201 ofthe Texas Election Code. Notification and copies of the recount, if waiver is denied, will be provided to each participating authority and the Secretary of State's Office. 10. ELECTION EXPENSES Page 4 10.1 The participating authorities agree to share the costs of administering the May 14, 2011 Joint Election. An administration fee not to exceed 10% ofthe total value ofthe contracted services per entity shall be assessed as authorized by the Texas Election Code, Sec. 31.100. Allocation of equipment and miscellaneous cost will be proportionate to the number of shared polling locations and programming cost will be assessed per entity based on the actual hours spent coding and changing date for the entity. 10.2 Each participating authority, will pay proportionately the expenses for early voting by mail and personal appearance based on actual cost for labor, postage and supplies. 10.3 Final election expenses will be determined within 30-45 days after the election. The City Clerk will provide each participating authority with a detailed billing statement. Any disputed amount should be reported within ten (10) days of receipt ofthe statement. Payment is due upon receipt of the bill if there are no discrepancies. 11. RECORDS OF THE ELECTION 11.1 Tina Broussard, City Clerk is hereby appointed general custodian of the voted ballots and all records of the Joint Election as authorized by Section 271.010 of the Texas Election Code. 11.2 Access to the election records will be available to each participating authority as well as to the public in accordance with the Texas Public Information Act, Chapter 552, Government Code, at the office of the City Clerk, 801 Main St. # 125, Beaumont, Texas, at any time during normal business hours. 11.3 Records ofthe election will be retained and disposed of in accordance with the records retention schedules and in accordance with the provisions of Title 6, Subtitle C, Chapter 201 through 205, Texas Local Government Code, including the minimum retention requirements established by the Texas State Library and Archives Commission. If records of the election are involved in any pending election contest, investigation, litigation, or Texas Public Information Act, the City Clerk shall maintain the records until final resolution or until final judgement, whichever is applicable. It is the responsibility ofany participating authority to bring to the attention ofthe City Clerk any notice of any pending election contest, investigation, litigation, or Texas Public Information Act request, which may be filed with a participating authority. 12. EARLY VOTING 12.1 Tina Broussard, City Clerk, will be appointed as early voting clerk in compliance with sections 271.006 ofthe Texas Election Code. Other deputy early voting judges/clerks will be appointed by the early voting clerk as needed to process early voting mail and to conduct early voting at the main location. Page 5 12.2 Early voting by personal appearance will be conducted at the locations and times described in (Attachment `B"). Any qualified voter for the Joint Election may vote early by personal appearance at the main early voting location as well as the four branch early voting locations. 12.3 All request for early voting by mail will send their applications and voted ballots to the City Clerk, 801 Main St. # 125, Beaumont, Texas 77701 for processing. 12.4 All early voting ballots will be prepared for counting by an Early Voting Ballot Board appointed in accordance with Section 87.001 of the Texas Election code. (Attachment C) 13. ELECTION REPORTS The Early Voting Clerk will be responsible for ensuring the delivery of the reports titled Early Voting Daily Vote Totals to each participating authority each day of Early Voting for the previous day's voting activity. The Early Voters' report will be delivered by electronic means via e-mail, facsimile, or website. 14. RUNOFF ELECTION In the event a runoffis necessary, the agreement will automatically be extended to cover the runoff, unless a participating authority states in writing before April 30, 2011, that it does not wish to participate in a joint runoff. 15. RECOUNT A recount cost would be billed at the applicable rate to the authority responsible for the canvassing ofthat election. The guidelines for a recount can be found in the Texas Election Code, Title 13, Chapters 211 through 216. 16. CONTRACT WITHDRAWAL Any participating authority that certifies their election in accordance with Section 2.051, 2.052 and 2.053 ofthe Texas Election Code, may withdraw from the joint election contract. Any expenditure incurred prior to withdrawal shall be billed separately and that contracting authority shall be billed separately and that contracting authority shall be removed from the contract. An addendum page(s) to the contract shall be provided to the remaining participants no later than five (5) days after notification of all intents to withdraw have been received by the City Clerk. Page 6 17. NOTICE Whenever this agreement requires any consent, approval notice, request or demand, it must be in writing to be effective and shall be delivered to the City Clerk: Tina G. Broussard, City Clerk P.O. Box 3827 Beaumont, TX 77704-3827 City of Beaumont: APPROVED AND EXECUTED ON 92011. Kyle Hayes, City Manager ATTEST Tina G. Broussard, City Clerk APPROVED AS TO FORM: Tyrone E. Cooper, City Attorney Entity: Beaumont Independent School District APPROVED AND EXECUTED ON .2011 Philip Brooks, Assistant Superintendent for Administration/Operations Page 7 ATTEST: Janice Teal ENTITY: Port of Beaumont APPROVED ON EXECUTED ON .2011. David C. Fisher, CEO ATTEST: Janet Floyd Page 8 Page 9 EXHIBIT "A" - 2011 GENERAL ELECTION ORDINANCE PRECINCT/BISD POLLING LOCATION JUDGE ALTERNATE /PORT 001,003 Brown Alternative Center Thelma Fielder Joyce Franklin 1900 Pope St. Beaumont, TX 77703 002 Smith Middle School Mary S. Williams Patricia Pittman 4415 Concord Beaumont, TX 77703 004 BISD Admin. Building Dr. Bruce Drury Harold Steward 3395 Harrison Avenue Beaumont, TX 77703 005 1" Christian Church Ray Nelson Mary Simmons 5290 N. Caldwood Beaumont, TX 77707 006 Central Senior High Sch. Celeste Johnson Judy Richardson 88 Jaguar Beaumont, TX 77702 007 O.C. "Mike" Taylor Career Rebecca lies Ellen McIntosh Center 2330 North Street Beaumont, TX 77702 008 Magnolia Baptist Church William Bostic Jed Dollinger 2830 Pine St. Beaumont, TX 77703 010 Scott Olive Baptist Church Nanette Cantue Laquita Mitchell 1050 Ewing Beaumont, TX 77701 011 Jefferson County Court Rose O. Solomon Lorenzo Lee Owens House 1149 Pearl Beaumont, TX 77701 012,013 S. E. Texas Family Res. Connie Patterson Brandi Lewis Center 2060 Irving Beaumont, TX 77701 Page 9 014 East Mt. Olive Baptist Kimberly Lewis Harold Lewis Church 1197 Corley Beaumont, TX 77701 015 King Middle School Rosa Batiste Clara Muller 1400 Avenue A Beaumont, TX 77701 016 Fletcher Elem. School Charlie Mingo Johnny Howard 1055 Avenue F Beaumont, TX 77701 017,026,090 Municipal Airport Barbara Shipper Rebecca Moreira 455 Keith Rd., Hwy 90 Beaumont, TX 77713 018 Ozen High School Margaret Bostic Leroy Bostic 3443 Fannett Rd. Beaumont, TX 77705 019 BISD Admin. Annex Pauline Mouton Nelson Mouton 1025 Woodrow Beaumont, TX 77705 020 Pietzsch Elementary Rosa Thomas Wilburean Benard 4301 Highland Ave. Beaumont, TX 77705 021,067 Alice Keith Rec. Center Willmeretta Lowe Sonya Pickens 4500 Highland Ave. Beaumont, TX 77705 022 Roy Guess Elem. School Janet Dietz Gladys O'Brien 8055 Old Voth Rd. Beaumont, TX 77713 023 Rosedale Baptist Church James Boykin Karlene Boykin 7110 Concord Beaumont, TX 77708 027,078,086 Vincent Middle School Jon Tritsch Theresa Hefner -Babb 350 Eldridge Beaumont, TX 77707 028,092 Jeff. County Pct. 4 Svc. Cntr. Alberta Jones Geraldine Beckett 7780 Boyt Rd. Beaumont, TX 77713 Page 10 031 Labelle Fire Station Barbara Fox John T. Fox 12880 FM 355 Beaumont, TX 77708 039 Blanchette Elem. School Samuel Peterson Maudry Plummer 2400 Lela St. Beaumont, TX 77705 062 Marshall Middle School Wanda Pumphrey Doris Campbell 6455 Gladys Beaumont, TX 77708 063 Martin Elementary Sch. Thelma Noble Juanita Walker 3500 Pine St. Beaumont, TX 77703 064 Theodore Johns Library Mary B. Francis Brenda White 4255 Fannett Beaumont, TX 77705 065 Regina -Howell Elem. School Linda McClung Mary Grimes 5850 Regina Lane Beaumont, TX 77706 066 Bevil Oaks Civic Center Mabel Matthews Teddy Taylor Couch 7390 Sweetgum Bevil Oaks, TX 77713 067 Austin Middle School Helen Stone Paula Sadler 3410 Austin Beaumont, TX 77706 068 Austin Middle School Helen W. Stone Paula Sadler 3410 Austin Beaumont, TX 77706 072 Wesley United Methodist Cindy Grimes Anna Delano 3810 N. Major Dr. Beaumont, TX 77713 073,062 Marshall Middle School Wanda Pumphrey Doris Campbell 6455 Gladys Beaumont, TX 77706 075 Lamar - Health & Human Howard Rogers Verona Harrell Performance Complex A 4400 S MLK Jr. Parkway Beaumont, TX 77705 Page 11 077 St. Pius X Church Bessie Williams Mary Doyle 5075 Bigner Road Beaumont, TX 77708 78 Vincent Middle School Jon Tritsch Theresa Hefner-Babb 350 Eldridge Beaumont, TX 77707 079,100 Dishman Elementary Bob Bearb Beth Ann Mistrot 6455 College Beaumont, TX 77707 084,085 USW Union Hall Dora Nisby Alexander Simmons 2490 S. 11 m St. Beaumont, TX 77701 087,088,099 Pine Burr Baptist Church Sherrie Fitzgerald Edna Collins 5095 Pine Burr Blvd. Beaumont, TX 77708 089 Ridgewood Retirement Ctr. Katherine Campbell Gloria Kyle 2520 IH 10E Beaumont, TX 77703 104 & 116 Calvary Baptist Church Jane Walker JoAnn Bordeman 3650 Dowlen Rd. Beaumont, TX 77706 Page 12 EXHIBIT "B" Early Voting Location Main Beaumont City Hall 801 Main St. Pt Floor Conference Room Beaumont, TX 77701 Branch BISD Administration 3395 Harrison Ave. Beaumont, TX 77703 Branch R. C. Miller Library 1605 Dowlen Rd. Beaumont, TX 77707 Branch North End Community Center 3580 E. Lucas Beaumont, TX 77703 Page 13 Exhibit "C" EARLY VOTING BALLOT BOARD Appointed: Lucille and Wallace Bryan Page 14 March 8, 2011 Consider amending Ordinance 11-004 to eliminate one (1) polling location and three (3) precincts that would strictly be used for the Beaumont Independent School District voters RICH WITH OPPORTUNITY 111'EmAi[IlIONT T • E • x - A • S City Council Agenda Item TO: FROM: PREPARED BY: MEETING DATE: REQUESTED ACTION: City Council Kyle Hayes, City Manager Tina Broussard, City Clerk, TRMC March 8, 2011 Council to consider an Ordinance amending Ordinance 11-004 to eliminate one (1) polling location and three (3) precincts that would strictly be used for the Beaumont Independent School District voters. RECOMMENDATION Administration recommends amending Ordinance 11-004 to remove one (1) previously approved polling location and three (3) precincts that were to be used for the Beaumont Independent School District voters. BACKGROUND Council passed Ordinance 11-004 on January 25, 2011, calling the May 14, 2011, General Election. The previously approved polling location, Jerry Ware Terminal, 5000 Jerry Ware, Beaumont, TX, as well as Precincts 35, 74 and 114 need to be eliminated. The Beaumont Independent School District has determined through verification with the Voter Registrar's office that the three (3) precincts have no BISD voters, nor are they within the city limits of the City of Beaumont. The school district amended their ordinance on February 22, 2011, therefore the City of Beaumont needs to amend its order as well. BUDGETARYIMPACT None AN ORDINANCE AMENDING ORDINANCE NO. 11-004 BY ELIMINATING ONE (1) POLLING LOCATION AND THREE (3) PRECINCTS PREVIOUSLY SELECTED FOR USE BY BEAUMONT INDEPENDENT SCHOOL DISTRICT (BISD) VOTERS DURING THE MAY 14, 2011 GENERAL ELECTION. WHEREAS, on January 25, 2011, Council passed Ordinance No. 11-004 to call the May 14, 2011 General Election; and, WHEREAS, the previously approved polling location forThe Beaumont Independent School District voters was Jerry Ware Terminal, located at 5000 Jerry Ware, Beaumont, Texas; WHEREAS, the previously approved precincts for The Beaumont Independent School District voters were Precincts 35, 74 and 114; and, WHEREAS, The Beaumont Independent School District (BISD) has determined, through verification with the Voter Registrar's Office, that the three (3) precincts have no BISD voters, nor are they within the city limits of the City of Beaumont; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT Ordinance No. 11-004 be and the same is hereby amended to eliminate the previously approved polling location of Jerry Wayne Terminal, located at 500 Jerry Ware, Beaumont, Texas, as well as Precincts 35, 74 and 114. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 8th day of March, 2011. - Mayor Becky Ames - March 8, 2011 Consider approving a contract for the Cartwright/Corley Drainage Project RICH WITH OPPORTUNITY BEAUMON* T * E • % • A • S TO: FROM: PREPARED BY: MEETING DATE: REQUESTED ACTION: City Council Agenda Item City Council Kyle Hayes, City Manager Patrick Donart, P.E., Public Works Director March 8, 2011 Council consider a resolution authorizing the award of a contract for the Cartwright/Corley Drainage Project. RECOMMENDATION Administration recommends awarding the contract for the Cartwright/Corley Drainage Project to Brystar Contracting, Inc. in the amount of $948,949.55. BACKGROUND The Council authorized the acceptance of a grant through the Texas Department of Rural Affairs (TDRA) on November 17, 2009 for Supplemental Disaster Recovery Non -Housing Activities. The approved projects to be funded through this grant are Riverfront Park Bank Stabilization and Cartwright/Corley Drainage Improvements. The Cartwright/Corley Drainage Project is a participation project with Drainage District No.6 (DD6) and the Texas Department of Rural Affairs (TDRA). The project includes the installation of detention ponds and an underground storm drainage system in the Cartwright/Corley area between 4t' and IH -10. On February 10, 2011 the City of Beaumont received eight (8) bids for the Cartwright/Corley Street Drainage Improvement Project. The drainage phase of the project is required to drain the DD6 facilities. The base bid includes removing and replacing the drainage system on Corley Street from 5' St. to 74' St. Alternate No. 2 includes removing and replacing the existing street with a concrete street. Alternate No. 1 only provided for the repair of the street. Base bid plus alternate No.2 is recommended. A copy of the bid tabulation including the unit costs is attached. Cartwright/Corley Drainage Improvements March 8, 2011 Page 2 The list below identifies the total of the Base Bid and Alternate No. 2 from each contractor: Contractor Location Bid Amount B rstar Contracting, Inc. Beaumont, TX $948,949.55 ALLCO, Inc. Beaumont, TX $1,028,386.83 Re tec Construction Resources, Inc. Houston, TX $1,097,777.10 Norman Highway Constructors, Inc. Orange, TX $1,144,139.72 APAC-TEXAS, Inc. Beaumont, TX $1,189,968.31 Huff & Mitchell, Inc. Cypress, TX $1,207,665.90 Simco Enterprises, LTD. Groves, TX $1,284,265.40 Triple B Services, L.L.P. Huffman, TX $1,290,127.05 The MBE goal will be met through subcontracting with American Remediation, Crabtree Barricade Systems, Specialty Sales Company, and Rural Pipe and Supply in the amount of $85,000.00 representing 8.96% of the contract amount. BUDGETARY IMPACT The TDRA grant will fund $869,277 of this project. The balance of $79,682.55 is available in the Capital Program. The TDRA grant in the amount of $4,340,669 included fees for construction, engineering and administration. Of this amount, the total construction budget for both projects is $3,891,777. The construction contract for Riverfront Park Bank Stabilization is $3,022,500 resulting in a balance of $869,277 for the Cartwright/Corley Drainage Project. 92 A Y R$$ 8$ g g $ 8 $ 8 8 � 8 $ i�: 8 8 8 R 8$$ ffi&� B Y C$ x N n n & 8 R $„ gg R $ Y $ A A r a A gg gq � R$ s a a S x g 8 8 8$ 8p g 8$ 8$ 8 6 8 8 8 8 8$$ & 3 � J zaSS it x a a YY.� e8 n 8 8 8 8 8 8 R$$A x a 8 € 8 8 7 A 8 E gg p 8 R$ e 8 n a tl A 8 @ s@$ a a$ B n e x s$: k.4 A R u $' 8 'Y O m it 8 3 R$8 11 ^. of tl E bf 3 bf 8 $ $ 8 S 8 8 A pp 8 gg 1 5. 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BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Council hereby approves the award of a contract to Brystar Contracting, Inc., of Beaumont, Texas, in the amount of $948,949.55 for the Cartwright/Corley Drainage Project to include drainage boxes, street pavement and water & sewer utility service lines. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 8th day of March, 2011. - Mayor Becky Ames - 10 March 8, 2011 Consider approving a bid to restore the exterior masonry walls of the Jefferson Theatre and Municipal Court Building RICH WITH OPPORTUNITY BEA,UMON* T • E • % • A • S TO: FROM: PREPARED BY: MEETING DATE: REQUESTED ACTION: City Council Agenda Item City Council Kyle Hayes, City Manager Patrick Donart, Public Works Director PO March 8, 2011 Council consider the award of a bid for Masonry Restoration of the Jefferson Theatre and Municipal Court Building. RECOMMENDATION Administration recommends the award of a bid to Moore's Waterproofing of Vidor, Texas in the amount of $387,260. BACKGROUND Six (6) bids were received on Thursday, February 17, 2011 for furnishing all labor, materials, equipment and supplies to restore the exterior masonry walls of the historical Jefferson Theatre and the Municipal Court Building. The base bid is for the restoration service that includes tuck - pointing mortar joints in brick and cast stone components, as well as cleaning surfaces and the replacement of any damaged masonry components. Alternate No. 1 provides for a spray applied water repellant sealer as recommended by the architect for the Jefferson Theatre while Alternate No. 2 provides for the same sealer on the Municipal Court Building. The bids shown below reflect the total cost of the project with both alternates included: CONTRACTOR LOCATION TOTAL BID COMPLETION TIME Moore's Waterproofing Vidor, TX $387,260 120 days Marsh Waterproofing, Inc. Vidor, TX $410,580 160 days Bruce's General Constr. Beaumont, TX $457,000 160 days Lange Brothers, Inc. Pt. Arthur, TX $858,160 120 days SeTEX Constr. Corp. Beaumont, TX $1,011,800 120 days Stoddard Construction Management, Inc. Bulverde, TX $1,011,011 180 days Masonry Restoration March 8, 2011 Page 2 The age of the Jefferson Theatre has necessitated the labor intensive repair of the mortar between the bricks in its exterior wall. Water intrusion through the building's east wall has prevented the installation of the refurbished pipe organ. Water has also damaged the interior plaster walls which will be repaired after the tuck pointing and sealant project is complete. The cast stone features on the buildings north side are cracked and must be replaced to insure its water tightness. The Municipal Court Building houses the EOC and 911 Dispatch Center as well as Municipal Court. During weather related disasters it is imperative that the building remain in sound condition. The roof has been replaced to withstand Cat 5 winds, the windows were replaced during the last renovation, and the adjacent parking lot was redesigned and rebuilt to the correct elevation to prevent flooding in the building. This tuck point and sealant project will insure that water will not enter through the exterior brick walls and into the interior spaces on the 2nd and 3`d floors. Work is expected to commence in March and be completed in approximately 120 days. Due to the specialized nature of the work to be accomplished, only direct employees rather than sub -contractors will work on this project. Scaffolding rental and supplies such as masonry grout are supplied by large corporations. Moore's Waterproofing is not certified as an MBE or HUB vendor. BUDGETARYIMPACT The total contract amount submitted by Moore's Waterproofing is $387,260. Bidders were asked to provide separate prices for the individual facilities. Moore's price for the Jefferson Theatre, including Alternate No. 1, is $270,460. The price for the Municipal Court Building, including Alternate No. 2, is $116,800. Funds in the amount of $270,460 for the masonry restoration of the Jefferson Theatre are provided by the Rita Fund. The Hazard Mitigation Grant will provide 75%, or $87,600, of the funding for the masonry restoration at the Municipal Court Building. The remaining 25%, or $29,200, is available in the Capital Reserve Fund. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Council hereby approves the award of a contract to Moore's Waterproofing, of Vidor, Texas, in the amount of $387,260 for masonry restoration of the Jefferson Theatre and Municipal Court Building. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 8th day of March, 2011. - Mayor Becky Ames - 11 March 8, 2011 Consider approving a contract for rental of election equipment, software, training and other related services for the May 14, 2011 General Election RICH WITH OPPORTUNITY BEAUMON* T • E • X • A • s City Council Agenda Item TO: FROM: PREPARED BY: MEETING DATE: REQUESTED ACTION: RECOMMENDATION City Council Kyle Hayes, City Manager Tina Broussard, City Clerk, TRMC March 8, 2011 Council consider approving a contract with (ES&S) Election Systems and Software for rental of election equipment, software, training and other related services for the May 14, 2011, General Election The Administration recommends approving a contract with Election Systems and Software of Allen, TY, for the May 14, 2011, General Election in the amount of $120,405.00. BACKGROUND The City of Beaumont has called its May 14, 2011, General Election to order this election will be held jointly with the Beaumont Independent School District as well as the Port of Beaumont. The contract allows ES&S to provide the necessary equipment, software, training and other related services necessary to conduct the election. Please note that the amount of the contract does not include funding for poll workers, facilities and election supplies. These additional cost are estimated to be $33,243.00. BUDGETARY IMPACT Funds are budgeted in the City Clerk's operating election budget. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to execute a contract with (ES&S) Election Systems and Software, Inc., for rental of election equipment, software, training and other related services for the May 14, 2011, General Election. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 8th day of March, 2011. - Mayor Becky Ames - 12 March 8, 2011 Consider approving the purchase of new phone systems for the Municipal Court and Police buildings RICH WITH OPPORTUNITY IIEAUMON* T• E• Z• A- S TO: FROM: PREPARED BY: MEETING DATE: REQUESTED ACTION: City Council Agenda Item City Council Kyle Hayes, City Manager Bart Bartkowiak, Chief Technology Officer A5 March 8, 2011 Council consider approving the purchase of new phone systems for the Municipal Court and Police buildings. RECOMMENDATION The administration recommends approval of the purchase of ShoreTel phone systems from Creative Switching Designs of Houston in the amount of $92,925.20 for the Police building and $70,034.19 for the Municipal Court building. BACKGROUND Pricing was obtained through the State of Texas Department of Information (DIR). DIR provides cities and political subdivisions with the means to purchase information technology at volume prices contracted under the procurement statutes of the State of Texas. The current Nortel phone systems at the Police and Municipal Court buildings are under a maintenance contract with AT&T that expired March 3, 2011. Extending the current maintenance contract for all Nortel phone systems at the City of Beaumont was quoted at $201,976.22. By purchasing new ShoreTel phone systems we will have more capabilities, an estimated eleven (11) year lifespan for the equipment and lower the yearly maintenance costs. BUDGETARYIMPACT Funding for the Police phone system is available from the Buffer Zone Protection Program Grant which requires no matching funds. Funding for the Municipal Court phone system is available from the Department of Homeland Security 2007 Supplemental Port Security Grant in the amount of $52,525.64. The 25% match of $17,508.55 is available from the Capital Reserve Budget. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Council hereby approves the purchase of ShoreTel phone systems from Creative Switching Designs, of Houston, Texas, in the amount of $92,922.20 for the Police building and $70,034.19 for the Municipal Court building. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 8th day of March, 2011. - Mayor Becky Ames - 13 March 8, 2011 Consider authorizing the City Manager to execute a Reimbursement Agreement for the removal of existing wooden poles and replace them with metal poles within the limits of Phase III of the Calder Street Project RICH WITH OPPORTUNITY IIEAUMON* T • E • g • A • s City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager P.b. PREPARED BY: Patrick Donart, Public Works Director MEETING DATE: March 8, 2011 REQUESTED ACTION: City Council authorize the City Manager to execute a Reimbursement Agreement with Entergy Texas, Inc. RECOMMENDATION Administration recommends City Council authorize the City Manager to execute a Reimbursement Agreement with Entergy Texas, Inc. for the removal of existing wooden poles and replace them with metal poles within the limits of the Calder Street Project. BACKGROUND In conjunction with the Calder Street Project, the existing wooden poles will be removed and replaced with metal poles. The electrical utility lines will be reinstalled, replaced, relocated and/or removed. Entergy will conduct the engineering, design, procurement of materials, construction and relocation of their facilities to accommodate Phase III of the Calder Project. The City will be responsible for reimbursing Entergy for all costs associated with this work. The estimated cost for this work is $650,000. Entergy is requesting the City enter into a Reimbursement Agreement outlining the responsibilities of each party. Also included in the agreement is a Project Executive Summary that outlines the limits of each Entergy job associated with this phase of the Calder Project. A copy of the proposed agreement is attached. The cost to perform Entergy work on Phase I of the Calder Project is estimated at $1,000,000. The cost to perform Entergy work on Phase H of the Calder Project is estimated at $2,516,000. BUDGETARYIMPACT Funds are available in the Capital Program to reimburse Entergy for this work. REIMBURSEMENT AGREEMENT BY AND BETWEEN ENTERGY TEXAS, INC. AND THE CITY OF BEAUMONT ENTERED THIS DAY OF , 2011 (Calder Project, Phase III) This Reimbursement Agreement by and between Entergy Texas, Inc. ("ETI") and the City of Beaumont ("City") is entered this _ day of , 2011. WHEREAS, ETI is an electric utility providing transmission and distribution service in Southeast Texas; WHEREAS, City is a municipality engaged in drainage improvements along Calder Avenue and has requested ETI modify its electric facilities in order to accommodate Phase III of the City's project ("Calder Project"); WHEREAS, ETI has agreed to modify its electric facilities, subject to City's agreement to make payment for such work as evidenced by the terms and conditions of this Reimbursement Agreement ("Agreement"); NOW, THEREFORE, for and in consideration of the mutual covenants set forth herein, ETI and City hereby agree as follows: 1. ETI agrees that it shall conduct the engineering work, design work, procurement of materials, construction and modification of certain electrical facilities ("ETI Project") to accommodate the Phase III of the Calder Project as more fully described in the attached Exhibit "A", Project Executive Summary. 2. City shall reimburse ETI for all costs, including but not limited to, materials costs, labor costs, labor costs adders, costs associated with third party vendors and consultants, costs associated with the procurement of real property rights, costs associated with securing all necessary approvals, taxes, capital suspense charges, and overheads (said costs hereinafter "Reimbursable Costs"). As of the date of this Agreement, the Reimbursable Costs (hereinafter "Project Estimate") are estimated to be SIX HUNDRED FIFTY THOUSAND AND NO/100s DOLLARS ($650,000.00 DOLLARS). It is understood that many variables, known and unknown, may impact this Project Estimate significantly. However, irrespective of a change in the Project Estimate, City agrees that all costs actually expended by ETI associated with the Project shall be considered Reimbursable Costs. It is expressly understood that ETI may, from time to time, modify its Project Estimate, based upon its most current information regarding the Project. ETI shall notify City of the modified Project Estimate. 3. City shall be invoiced at the completion of each of the Jobs of Phase III of the Project, with each Job being described in Exhibit "A". For invoicing and payment purposes, City and Company expressly acknowledge that each individual Job as described in Exhibit "A" shall be considered a separate and independent service pursuant to Section 2251.021 of the Texas Government Code. It is expressly understood and agreed by the parties that the various Jobs to be conducted under Phase III may be redesignated to fall within other Job numbers or may be subdivided further. Redesignation of the portions of the work in a specific Job number shall occur without the necessity of an amendment to this Agreement. Payments shall continue to be paid by City until such time as ETI is reimbursed in full for all Reimbursable Costs. The City shall have the right, at all reasonable times for up to two (2) years after completion of the Project, and upon prior reasonable notice to ETI, to audit Reimbursable Costs it has paid. Any audit shall be permitted to occur at the offices at which the records are maintained. The City shall be allowed to review ETI's internal costs, subject to certain restrictions as outlined below, and invoices received by ETI from third party vendors/providers (`Backup Information"). Any audit requested by City shall be limited to confirming the amounts billed by vendors/providers to ETI and expenses incurred by ETI related to Reimbursable Costs. City acknowledges that ETI may be bound by contractual terms of confidentiality which may require ETI to obtain express consent by the vendor/provider prior to releasing pricing information contained within the contracts. ETI will request the vendor's/provider's consent, but cannot guarantee the consent or conditions under which review may be granted. City understands and acknowledges that it may be required to execute a confidentiality agreement in a form acceptable to ETI and/or the vendor from whom additional information shall be sought. City understands and acknowledges that it will be responsible for all costs associated with the audit. 4. City shall remit payment via check to ETI to the following account: Entergy Texas, Inc. Post Office Box 8107 Baton Rouge, LA 70891-8107 Time for payment shall be governed by Section 2251.021 of the Texas Government Code. If City fails to make payments in accordance with the terms set forth herein, ETI, in its sole discretion, may immediately cease all activity on the Project. ETI shall resume activity on the Project within 30 days of the date that full payment of all outstanding invoices is received, subject to the availability of ETI crews and equipment. 5. It is expressly understood that City shall be responsible for making timely payments of invoices irrespective of the completion of the Project or the Calder Project. 6. ETI reserves the right to terminate this Agreement for any of the following reasons: (1) the Public Utility Commission of Texas or any other administrative agency or judicial body takes any action that, in the opinion of ETI, modifies, alters or amends any of the terms and conditions of this Agreement or affects the intent of this Agreement that ETI fully recover the Reimbursable Costs, or results in an adverse affect to ETI, (2) there is an occurrence that adversely affects City's financing of the Calder Project, or (3) City fails to comply with any material terms of this Agreement. Termination of this Agreement shall be effective upon receipt by City of twenty-four (24) hours' advance written notification from ETI of ETI's desire to terminate the Agreement. In the event of termination, City shall remain responsible for all Reimbursable Costs incurred by ETI through the effective date of termination. In addition, City shall be responsible for any additional charges, including but not limited to, cancellation charges, demobilization charges, charges associated with the ordering and purchasing of materials incurred by ETI, irrespective of termination. To the fullest extent allowed by law, City releases ETI for any and all damages, losses, claims and causes of action, including but not limited to any City damages, including special, consequential and indirect damages, resulting from ETI's termination of this Agreement. 7. City shall have the right to cancel the Project at any time. Cancellation shall be effective upon receipt by ETI of twenty-four (24) hours' advance written notification from City of City's desire to cancel the Project. In the event of cancellation, City shall remain responsible for all Reimbursable Costs incurred by ETI through the effective date of cancellation. In addition, City shall be responsible for any additional charges incurred following the effective date of cancellation, including but not limited to, cancellation charges, demobilization charges, charges associated with the ordering and purchasing of materials incurred by ETI, irrespective of cancellation. 8. It is expressly understood that this Agreement confers no ownership rights or interest to City in the facilities to be constructed by ETI pursuant to this Agreement. 9. All notices, requests, consents and other communications hereunder shall be in writing and shall be dispatched by nationwide overnight courier service, such as (without limitation) FedEx, or by United States Certified Mail, Return Receipt Requested, postage prepaid, addressed to the parties as follows: ETI: ENTERGY TEXAS, INC. P.O. Box 2951 (77704) 350 Pine Street (77701) Beaumont, Texas Attn: Sam Bethea Telephone: (409) 981-3824 Facsimile: (409) 981-2317 CITY: CITY OF BEAUMONT P.O. Box 3827 (77704) 801 Main Street, Suite 300 Beaumont, Texas 77701 Attn: Kyle Hayes Telephone: (409) 880-3780 Facsimile: (409) 880-3112 Notices under this Agreement shall be deemed given upon the earlier of the date of delivery or the date upon which delivery is refused. Any changes in the names or addresses shall be through notice in conformity with the requirements of this provision. 10. Except as expressly allowed above, no waiver, addition, deletion, or modification of any provision contained in this Agreement shall be binding unless in writing and signed by authorized representatives of both parties. Once an Amendment is made, it shall be deemed incorporated as of its effective date, unless expressly stated to the contrary in the Amendment. 11. The failure of either party to insist upon or enforce, in any instance, strict performance by the other of any of the terms of this Agreement or to exercise any rights herein or therein conferred shall not be construed as a waiver or relinquishment to any extent of its rights to assert or rely upon any such terms or rights on any future occasion. 12. It is agreed that if any clause or provision of this Agreement is by the courts held to be illegal or void, the validity of the remaining portions and provisions shall not be affected, and the rights and obligations of the parties shall be enforced as if this Agreement did not contain such illegal or void clauses or provisions. 13. The provisions of this Agreement that by their nature continue shall survive any termination or cancellation of this Agreement, including all obligations or rights that exist as a result of an event or the failure of an event prior to or at the time of expiration or termination of this Agreement. 14. By its execution of this Agreement, City represents and wan -ants that it has secured all necessary approvals to enter this Agreement. ENTERED THE DATE FIRST ABOVE WRITTEN. CITY OF BEAUMONT ENTERGY TEXAS, INC. By: Printed Name: Title: Witness: Witness: By: Printed Name: Title: Witness: Witness: EXHIBIT "A" — Project Executive Summary Calder Avenue Drainage Project Line Reconstruction - Phase III (West of IH -10 to the intersection of Calder Avenue and Phelan Boulevard, lying just west of the intersection of Calder Avenue and West Circuit Street) City of Beaumont, Texas The City of Beaumont has proposed a multi -stage drainage project to run from the Neches River west on Elizabeth Street to the intersection of Main at Calder Avenue, and then west on Calder Avenue and old Calder Avenue to the intersection of Phelan Boulevard west of Lucas Street ("Calder Project"). The Calder Project includes the installation of two 10 X 14 drainage boxes, side-by-side, the length of the Calder Project. As part of the Calder Project, Entergy Texas, Inc. has been asked to remove existing wooden poles and replace them with metal poles along the Phase III area. This series of jobs will cover the third phase of the construction (from west of IH -10 to the intersection of Calder Avenue and Phelan Boulevard, lying just west of the intersection of Calder Avenue and West Circuit Street). The Entergy Texas, Inc. project ("ETI Project") will consist of removing all existing wooden poles and replacing such with metal poles along the Phase III area. The ETI Project associated with Phase III shall be conducted as follows: Phase III, Job 1— Calder Avenue from IH- 10 West Service Road (17m Street) to 23rd Street Phase III, Job 2 — Harrison Avenue from 19" Street to East Street Phase III, Job 3 — Calder Avenue from 23Td Street to West Lucas Drive Phase III, Job 4 — Calder Avenue from West Lucas Drive to just east of Phelan Boulevard It is expressly understood and agreed by the parties that the various Jobs to be conducted under Phase III may be redesignated to fall within other Job numbers or may be subdivided further. Redesignation of the portions of the work in a specific Job number shall occur without the necessity of an amendment to this Agreement. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to execute a Reimbursement Agreement with Entergy Texas, Inc., for the relocation/removal of overhead electrical lines within the limits of the Calder Street Project, Phase III. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 8th day of March, 2011. - Mayor Becky Ames - 14 March 8, 2011 Consider approving Change Order No. 2 for the Calder Avenue Drainage and Pavement Improvement Project — Phase II for "extra work" RICH WITH OPPORTUNITY BEA,UMON* City Council Agenda Item T• E• X• A• S ffa City Council FROM: Kyle Hayes, City Manager P. � PREPARED BY: Patrick Donart, Public%orks Director MEETING DATE: March 8, 2011 REQUESTED ACTION: Council consider a resolution authorizing approval of Change Order No. 2 for the Calder Avenue Drainage and Pavement Improvement Project - Phase II for "extra work". RECOMMENDATION The Administration recommends approval of Change Order No. 2 in the amount of $224,647.57, for adding construction items and reducing construction item quantities to the Calder Avenue Drainage and Pavement Improvement Project - Phase II. BACKGROUND The section of Calder Avenue from Main Street to Phelan Boulevard is a heavily -traveled roadway that provides access from downtown to the west end of the City. The current roadway is four lanes with a continuous left -turn lane to west of IH -10 and two lanes with a continue left - turn lane from west of IH -10 to West Lucas. The condition of existing pavement is poor and requires rehabilitation. This project will include the installation of storm sewer box culverts, water & sanitary sewer lines, concrete pavement, brick paver sidewalk, and traffic signals on Calder Avenue. Phase II of the Calder Project extends from Martin Luther King, Jr. Blvd to just east of IH 10. Change Order No. 2 is required to add and delete construction item quantities for roadway and drainage system improvements to the contract. This Change Order in the amount of $224,647.57 will increase the contract amount to $24,833,944.44. The proposed extra work will represent an increase of 0.91% and an overall increase of 0.88% to the original contract. During the construction several challenges became present including: 1. The existing water line location and tie-in work at IH 10. 2. Extra water line work between 4" street and l Ot" street. 3. Extra work for concrete pavement on 14th street (north) and 2°a street (north). Calder Avenue Drainage and Pavement Improvement Project -Phase II March 8, 2011 Page 2 4. Extra work for asphalt pavement on 1St (north & south), 6th (south), 13" (south), 141" (south), 15th (south), and Gulf (south) streets. 5. Extra work for brick pavers from M.L. King Blvd to IH 10. Previous actions include: Resolution 09-165in the amount of $24,616,416.25 was passed by City Council on June 2, 2009. Change Order No.I in the amount of ($7,119.38) was signed by the City Manager on May 25, 2010. The approval of Change Order No.2 is recommended by the City Manager, Public Works Director, and Water Utilities Director. BUDGETARYIMPACT The remaining funds are available through the Capital Program (Public Works and Water and Sewer Projects). CITY OF BEAUMONT DATE: FA ­y 14, 2011 PROJECT: CALDER PHASE -11 OWNER: CITY OF BEAUMONT CONTRACTOR: BRR-G r CHANGE ORDER NO.: 2 1'FI9F.OIi:OWITiU Ci5Afl6158pI;7'FI)c M.A313ANh/Oi[BPECSPIGATIOIl8,E6S 71LRi6Y 711ADL Addell --i- .,h. m4r.r1 aAb d b,6w: Thu Ch..ge Order i. for.0 ea -i.d wdb Weo1s.1 wwk-2d 51reH.d ... 14th SUM) (uplrll wak-Gulf, I., 61h, 1311. 141h.d I31h -)W ddilio l w,wim, e.nk.ry a work .d brkk eWd lk -k IbmWhm. the puject. 1- 141. 11em C.de D-rlplb. U.e Or181nd New Q ... Illy Q-8111)• U.I PNe.T.IM 104 001' REMOVING CONCRETE(PAV) SY 45969.9 47458.79 $3.30 54.913.34 110 001 EXCAVATION ROADWAY CY 9149.0 9485.70 WOO $1,683.50 Ito 002 EXCAVATION SWORADE REPAIR CY 0.0 307.69 $5.00 $1.538A5 247 002 FLEXIBLE BASE (TY AXGR 1XCL 5 DC ELWEREO F=AY) BY 46436.4 47288.01 $6.00 $6.812.88 340 001 D-GRHMA ETH TYDPG64-22 TNS 2519.0 1050.00114.00 4167A66.00 354 001 PLANE S TEXT APSHALT CONC PAY2-4' SY 39037.6 44370.93 $1.84 SIG346.66 360 001 ICONC PAV 7' SY 2778.8 4821.N0 $46.00 $93.941.20 3w 002 CONC PAV 9' SY 41957.0 41640.3) $50.00 -55.873.50 760' 003 CONC PAV 9' 75ACN5 BY 0 916.671 $59.03 S541 V.3 465 008 SWT DwN LF 0 72 $220.00 515.840.00 465 009 BRIIAX-IN AND TIE-IN BOX CULVERT EA 0 4 $1200.00 54.900.00 502 002 EMM WORK FLAGMEWOFFICERS L9 0 I $17460.00 S17.460.00 618 005 12' X 1M' STEEL CASINO LF 126 0 5114.01) 414364A0 618 005A 14' x 114' STEEL CASING LF 0 126 $228.00 528.728.00 624 004 ELECTRICAL GROUND VAULT (FISER)t4WX3'XCOMPLM1 EA 0 J $5,405.00 $16.215.00 666 2W6 I REEL PAV MRK TY 1 ORD 700MIL I I EA 0 14 S327.75 54.588.50 687 2001 PED POLE ASSEMBLY EA 0 2 $4,082.50 S8,163 6300 001 ::44C NT FIBER OPTIC CABLE LF 12270 0 $7.37 -$90.429.90 6300 001 72 COUNT FIBER OPTIC GABLE LF 0 12270 783 S93.620.10 9000 002 BRICK PAVERSITY 4 OR TY 6 W.C. RAMPS EA 62 0 5300.00 418.600.00 90M REVISED 8RIG4 PAVERSLTY 4 OR TY 8 W.C. RAMPSXT4- 002A FLARE COMPLETE EA 0 50 15.00 $20350A0 9000 0020 REMOVE 79' W.C. RW MP FLARE S REPLACE W/ TV W.C. RAMP FLARE COMPLETE EA 0 12 287.50 $1.050.00 1000 005 REPAIRBIOEWALK DAMAGED BY PP REMOVAL(COMPLETE)EA 0 56 $284.50 S14.812.00 9000 006 REMOV TREE GRATE FRAME AND APRCN EA 0 4 $115.00 5460.00 9000 007 6'1(E'TACK-ON CURB (PAINTED YELLOW LF 0 210 $11.50 52.415.00 9000 008 S'X12*TACK-ON CURB PAINTED YELLOW) LF 0 40 $20.70 5828.00 9000 009 REMOVAL AND DISPOSAL OF 8'%8'X9' CONCRETE PAVEMENT SECTION COMPLETE EA 0 2 $6,64212 S13.28414 9000 010 EXTRA WORK: BARRICADING AND TRAFFIC CONTROL AT RAILROAD MON 0 1 $787.75 5797.75 810 90 1S'WATERLWE TIE-IN AT IOTH ST IS 01 1 $19321.15 $19321.15 91 6 -CLEAN-OUT IN CONCRETE EA 0 7 $2178.10 S15.246.7C 92 6' SHORT41DE SAN SWR CONNECTION - EA 0 6 $1108.48 56650.94 93 3OW'TAPPED CAP WMEGALUG EA 0 1 $2,205.28 $2.285.28 94 18 -WATERLINE TIE-IN AT M-10 EA 0 I 1487.09 $1.487.09 95 10' FITIRIG AT 14TH ST. EA 0 1$8,511.01 56511.01 96 EXTRA WORK: EXIST I5'WL I14f0 LOCATE LS 0 1 518458.58 516.45656 97 7 AIR RELIEF VALVE 4TH ST. 8 10TH ST. EA 0 2 $476675 $9.533.50 98 FRAM WORK:HANDEXCAVATIONFORGASLINES LS 0 1 $24295.79 524,29579 TOTAL: sxza,647s7 :16DOAY5,WDEOTQTHF�ktIQOPTHH.swi. M.Etd{)AR:4AYSENTFiECONTRrS !'RYTH13 ffAN68f3!(RER ... ORIGINAL CONTRACT AMOUNT: NET FROM PREVIOUS CHANGE ORDERS: TOTAL AMOUNT OF THIS CHANGE ORDER: PERCENT OF THIS CHANGE ORDER: TOTAL PERCENT CHANGE ORDER TO DATE: NEW CONTRACT AMOUNT: ACCEPTED BY: CONTRACTOR RECOMMENDED BY: PUBLIC WORKS DIRECTOR $24,616,416.25 524,609,296.87 S224,647.57 0.91 % 0.88% $24,833,944.44 DAMON JONES, E.I.T. ATTESTED BY: APPROVED RY: KYLE. HAVES, CITY MI AGER TINA BROUSSARD, CITY CLERK RESOLUTION NO. WHEREAS, on June 2, 2009, the City Council of the City of Beaumont, Texas, passed Resolution No. 09-165 awarding a contract in the amount of $24,616,416.25 to BRH-GARVER Construction, L.P., of Houston, Texas, for the Calder Avenue Drainage and Pavement Improvement Project, Phase III; and WHEREAS, on May 25, 2010, the City Manager signed Change Order No. 1 in the amount of ($7,119.38), thereby decreasing the contract amount to $24,609,296.87; and WHEREAS, Change Order No. 2 in the amount of $224,647.57 is required to add and delete construction item quantities for roadway and drainage system improvements, thereby increasing the contract amount to $24,833,944.44; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and THAT the City Manager be and he is hereby authorized to execute Change Order No. 2 for additional work described above, thereby increasing the contract amount by $224,647.57 for a total contract amount of $24,833,944.44. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 8th day of March, 2011. - Mayor Becky Ames - 15 March 8, 2011 Consider authorizing the City Manager to amend a contract with the Texas Department of Housing and Community Affairs for the Weatherization Program RICH WITH OPPORTUNITY BEAUMON* T - E ,• X - A • S City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager CA PREPARED BY: Christopher S. Boone, Community Development Director MEETING DATE: March 8, 2011 REQUESTED ACTION: Council consider authorizing the City Manager to amend its contract with the Texas Department of Housing and Community Affairs (TDHCA) for the Weatherization Program. RECOMMENDATION Administration recommends approval. BACKGROUND The Texas Weatherization Assistance Program (WAP) is a Department of Energy -funded program authorized by the American Recovery and Reinvestment Act of 2009 (ARRA). The Weatherization Assistance Program is designed to increase the energy efficiency of dwellings owned or occupied by low-income persons and improve their health and safety, especially low income persons who are particularly vulnerable such as the elderly, persons with disabilities and families with young children. Typical weatherization work includes the installation of attic and wall insulation, caulking, weather stripping, repair or replacement of inefficient appliances, doors, windows, and minor energy-related repairs. The type of weatherization that a household may receive is contingent upon a household's income eligibility and a comprehensive assessment of the household's energy use. In the original contract, $1,506,338 was allocated to the City of Beaumont for this program, allowing for the provision of service to approximately two hundred fifty (250) homes. To date, approximately one hundred eighty (180) homes have been weatherized. Given Beaumont's strong performance, the State is considering reallocating funding from underperforming recipients to Beaumont. The amended contract would increase the amount of funding by an additional amount not to exceed $1,000,000 and extend the deadline from April, 2011 until December, 2011. BUDGETARY IMPACT None. Funds are available through this grant, with no required local match. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: WHEREAS, on June 30, 2009, City Council approved Resolution 09-197 authorizing a contract in an amount up to $1,382,533 through the Texas Weatherization Assistance Program, a reimbursement program provided by the Texas Department of Housing and Community Affairs (TDHCA); and WHEREAS, on July 27, 2010, City Council approved Resolution No. 10-196 amending the original contract to increase the amount of the grant funding from $750,728 to $1,506,338; and WHEREAS, TDHCA has proposed an amendment to the original contract, substantially in the form attached hereto as Exhibit "A," to increase the amount of grant funding by an additional amount not to exceed $1,000,000.00 and extend the deadline from April, 2011 until December, 2011; and WHEREAS, the amendment must be executed by the City; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to execute the documents amending the contract with TDHCA for participation in the Texas Weatherization Program. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 8th day of March, 2011. - Mayor Becky Ames - TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS CONTRACT NUMBER. 16090000702 FOR THE THE AMERICAN RECOVERY AND REINVESTMENT ACT (ARRA) (CFDA# 81.042) SECTION 1. PARTIES TO CONTRACT This contract (hereinafter "Contract) is made by and between the Texas Department of Housing and Community Affairs, an agency of the State of Texas (hereinafter the "DepartmenYl and City of Beaumont (hereinafter the "Subrecipiernt'). The term of this Contract shall be for the period identified under Attachment A — Budget and Performance Document (hereinafter the "Attachment A'). SECTION 2. CONTRACT TERM The period for performance of this contract, unless earlier terminated, is September 01. 2009 through August 31, 2011 (hereinafter the "Contract Term'). SECTION 3. DESIGNATED CONTRACTOR CONTACTS Subrecipient shall designate, in writing, at the time Subreeipient executes this Contract, one or more responsible and qualified individuals as points of contact with the Department to maintain a flow of current information relating to the receipt, deployment, reporting, management and use of funds received under this Contract SECTION 4. SUBRECIPIENT PERFORMANCE Subrecipient shall, on an equitable basis throughout its service area, develop and implement a Westherizstion Assistance Program (WAP) in accordance with the budget described in Attachment A of this Contract Subrocipient shall develop and implement the WAP to assist in achieving a prescribed level of energy efficiency in the dwellings of low-income persons. WAP services will be provided to owner occupied units as well as rental units. Priority will be given to households with elderly, persons with disabilities, households with young children that are age five (5) or young, and/or households with a high energy burden and households with high energy consumption. Subrecipimt shall implement WAP in accordance with the provisions of Part A of the Energy Conservation in Existing Buildings Act of 1976, as amended (42 U.S.C. §6861 at seq.); the U.S. Department of Energy (DOE) regulations codified in 10 C.F.R. Parts 440 and 600; any applicable Office of Management and Budget (OMB) Circulars; the Texas ARRA State Plan; State weatherization regulations; Texas Administrative Code: 10 TAC §5.10—§5.20; §5.501-45.508; §5.521-§5.532; and §5.601—§5.609. The International Residential Code; International Energy Conservation Code; or in accordance with jurisdictions authorized by State law to adopt later editions; and the terms of this Contract. SECTIONS. DEPARTMENT FINANCIAL OBLIGATIONS A. In consideration of SubrecipienCs satisfactory performance of this Contract, Department shall reimburse Subrecipient for the &dual allowable costs incurred by Subrecipient in the amount specified in Attachment A of this Contract B. Department's obligations under this Contract are contingent upon the actual receipt by Department of adequate federal fonds. If sufficient fords are not available, Department shall notify Snbrecipient in writing within a reasonable time after such fact is determined. Department shall then terminate this Contract and will not be liable for the failure to make any payment to Subreciptent under this Contract Funding of the full contract is cmiingent upon federal release and adequate contractor performance on 1st hall award of this contract and 10 TAC Chapter 5 Subchapter I. C. Department is not liable for any cost incurred by Subrecipient which: (1) is incurred to weatherize a dwelling unit which is not an eligible dwelling unit as defunct in 10 C.F.R. §440.22; (2) is incurred to weatherize a dwelling unit which is designated for acquisition or clearance by a federal, state, or local program within twelve months from the date weathexization of the dwelling unit is scheduled to be completed; Page 1 of 29 EXHIBIT "A" (3) is incurred to weatherize a dwelling unit previously weatherized with WAP funds, except as provided for in 10 C.F.R. §440.18(eX2); (4) is for Subrecipiatifs administrative costs incurred in excess of the maximum limitation set forth in Section 9 of this Contract; (5) is not incurred doming the Contract term; (6) is not reported to Department on a monthly ARRA expenditure report and/or a monthly ARRA performance report, within sixty (60) days of the termination of the Contract berm; (7) is subject to reimbursement by a source other than Department; (8) is made in violation of any provision of this Contract or any provision of federal or state law or regulation, including, but not limited to, those enumerated in this Contract; or (9) is used for any casino or other gambling establishment, aquarium, zoo, golf course, or swimming pool. D. Subrecipient shall refund, within fifteen (15) days of Department's request, any sum of money paid to Subrecipient which Department determines has resulted in an overpayment or has not been spent in accordance with the terror of this Contract Department may ofiset or withhold any amount otherwise owed to Subrecipient under this Contract against any amount owed by Subrecipient to Department arising under this or any other contract between the parties. E. The Department reserves the right to evaluate Poe performance and expenditures on this contract and transfer funds at the sole discretion of the Department Underperformance under this contract may result in subsequent deobligabon of funds fiom this contract SECTION 6. METHOD OF PAYMENTICASH BALANCES A. Each month, Subrocipient may request an advance payment of WAP funds under Attachment A by submitting a monthly expenditure Report to Department (through the electronic reporting system) at its offices in Travis County, Texas. Subrecipient must maintain and follow written procedures to minimize the time elapsing between the transfer of funds from Department and the disbursement of such finds by Subrecipimt B. Subrecipient's requests for advances shall be limited to the minimum amount needed to perform contractual obligations and timed to be in accordance with actual, immediate cash requirements of the Subrecipient in carrying out the purpose of this Coact. The taming and amount of cash advances shall be as close as administratively feasible, not to exceed a 30 day projection of the actual disbursements by the Subrecipient to direct program costs and the proportionate share of any allowable indirect costs. C. Subsection 4(A) notwithstanding, Department reserves the right to use a cost reimbursement method of payment for all funds if (1) Department ddermines that Subrecipient has maintained excess cash balances; (2) Department identifies may deficiency in the cash controls or financial manageenmt system manktained by Subrecipient; (3) Department determines that a cost reimbursement method watts benefit the program; (4) DepartmeWs funding scram require the use of a oust reimbursement method; or (5) Subrecipient fails to comply with any of the reporting requirements of Section 10. D. All finds paid to Subrecipient under this Contract are paid in trust for the exclusive benefit of the eligible recipients of the weather m ion assistance program and for the payment of the allowable expenditures identified in Section 9 of this Contract. SECTION 7. COST PRINCIPLES AND ADMINISTRATIVE REQUIREMENTS Except as expressly modified by law or the berms of this Contract, Submcipient shall comply with the cost principles and uniform administrative requirements ad forth in the Uniform Grant and Contract Mamgement Standards, 1 T.A.C. § 5.141 at seq. (the "Uniform Grant Management Standards'); all references therein to local government" shall be construed to mean Subratipimt Uniform cost principles for local governments are act forth in OMB Circular No. 87, and for non -profs in OMB Circular No. 122 Uniform administrative requirements for local governments are set foAh in OMB Circular No. 102 and for non -profits in OMB Circular No. 110. Page 2 of 29 SECTION S. PREVAILING WAGES AND RATES PAID TO SUBRECIPIENTS AND SUBCONTRACTORS Notwithstanding any other provision of law and in a manner consistent with other provisions of the American Recovery and Reinvestment Act of 2009, all laborers and mechanics employed by Subte cipieot and subcontractors on projects funded directly by or Assisted in whole or in part by and through the federal government pursuant to the American Recovery and Reinvestment Act of 2009 shall be paid wages at rates not leas than time prevailing on projects of a character similar in the locality as determined by the Secretary of Labor in accordance with subcbapter IV of chapter 31 of title 40, United States Code. All implementing regulations, notices, guidance and any other requirements issued by the federal government related to Subrecipieat's performance under this Contract. SECTION 9. USE OF ALCOHOLIC BEVERAGES None of the finds provided under this Contract shall be used for the payment of salaries to any employee who uses alcoholic beverages while on active duty. No finds provided under this Contract shall be used for the purchase of alcoholic beverages. SECTION 10. TERMINATION AND SUSPENSION A. Department may terminate this Contract, in whole or in part, at any time Department detotmince that there is cause for termination. Cause for termination includes but is Dot limited to Sobrecipient's faihm : to comply with any term of this Contract, the Texas Administrative Code: 10 TAC 15.17 (Sanctions and Contract Close Out), any state weathetizatum regulation and the WAP State Plan. Department shall notify Subrecipieat in waiting no less than thirty (30) days prior to the date of termination. B. Noticing in this Section shall be construed to limit Dgmbnemfs authority to withhold payment and immediately suspend Subreeipicefs performance under this Contract if Department identifies possible instances of fraud, abuse, waste, fiscal mismanagement, or other serious defficiencies in Subrocipient's performance. Suspension shall be a temporary mesa= pending either corrective action by Subrecipient or a decision by Department to terminate this ContracL C. Department shall not be liable for any costa incurred by Subweipient after termination or during the suspension of this Contract The termination or susp =wn of this Contract notwithstanding, Subrecipimt shall not be relieved of any liability for damages due to Department by virtue of any prior or fuhrce breach of this Contract by SubrecipieuL Department may withhold any payment otherwise due to Subrecipient until such time As the exact amount of damages owed to Department by Subrocipient is determined and paid. SECTION 11. ALLOWABLE EXPENDITURES A. The allowability of Subrecipient's costs incurred in the performance of this Contrad shall be determined m accordance with the provisious of Section S and the regulations sd forth in 10 C.F.R. §440.18, subject to the limitations and exceptions ad forth m this Section. B. To the maximum extent practicable, Subrecipieat shall utilize funds provided under this Contract for the purchase of weathetization materials. All weetheriration measure installed must be listed on a DOE approved State of Texas Priority List or have an approved State of Texas Energy Audit savings -to -investment ratio (SIR) of one or greater unless otherwise indicated. Weatherwition measures installed shall begin with Arose having One greatest SIR (on approved State of Tom FAcM Audit) and proceed in descending order to the measures with the smallest SIR or until the maximum allowable per unit expenditures are achieved. Subrecipiect shall weatherize eligible dwelling units using only weadmzahon materials which mea or exceed the standards prescribed by DOE in 10 C.F.R. Part 440, Appendix A, State of Texas adopted International Residential Code (IRC) or in accordance with jurisdictions authorized by State law to adopt later editions. Allowable WAP expenditures under Attachment A include: (1) purchase and delivery of weatherization materials as defined in 10 C.F.R. §440.3, but not to include storm doors; (2) labor costs for doors, primary windows and storm windows that will result in approved energy savings with SIR of one or greater in accordance with 10 C.F.R. §440.19; Page 3 of 29 (3) weatheriution materials and labor for heating and cooling system tune ups, repairs, modification, or replacements if such will result in improved energy efficiency as demonstrated by SIR of one or batter in the approved State of Texas Energy Audit and, whenever available, heating and cooling systems must have an Energy Star rating; (4) transportation of weatherization and repair materials, tools, equipment, and work crows to a storage site and to the site of weatherization work; (5) mandenance, operation, and insurance of vehicles used to transport wea8tenzation materials; (6) maintenance of tools and equipment; () purchase or lease of tools, equipment and vehicles (purchase of vehicles must be approved in advance by Department and DOE); (8) employment of on-site supervisory personnel; (9) storage of weatherization materials, tools, and equipment; (10) incidental repairs (such as repairs to roofs, walls, floors, and other parts of a dwelling unit) if such repairs are necessary for the effective performance or preservation of weatherizatien measures (If incidental repairs are necessary to make the installation of the weatherizetion measures effective, the cost of incidental repair measures charged to WAP finds awarded under Attachment A shall not exceed the cost of weatherization measures charged to WAP funds and shall have a whole house SIR of one (1) or greater on the approved State of Texas Energy Audit.}; (11) allowable health and safety measures; and (12) allowable base load reduction measures. Heath and Safety funds not expended may be moved to the labor, materials, and program support category. Those changes will require a contract action; therefore, Subrecipient must provide written notification to the Department at least 90 days prior to the end of the Contract term before these funds can be moved C. Administrative costs incurred by Subrecipient in performing this Contract arc to be based on actual programmatic expenditures and shall be allowed up to the amount outlined in Attachment A. Allowable administrative costs may include reasonable costs associated with Subrecipient's administrative personnel, travel office space, equipment and supplies which are necessary for the administration of WAP. Administrative costa are earned based upon the allowable percentage of total allowable cxpaaedidma, excluding the allowance for Department / DOE Training Travel or special equipment purchases. Snbrecipi of may use any or all of the funds allowed for administrative purposes under this Contract for the purchase and delivery of weatharnaction materials. These flanges will require a contract action; therefore, Subrecipient must provide written notification to the Department at least 90 days prior to the end of the Contract term before these foods can be moved. D. The cost of liability insurance for the weatherizestion program for personal injury and for property damage, not to exceed Two Thousand Dollars (SZ,000.00) shall be an allowable WAP expenditure under Attachment A. Subrocipient may request in writing a waiver of the limit on liability insurance. The waiver request must provide price quotes from at least three (3) insurance carriers. If subrecipient is allowed to waive the liability insurance limit amounts in excess of the 52,000 may be charged to the administrative or program support category. The liability insurance category has increased to enable subrecipient to purchase pollution occurrence insurance in addition to the general liability insurance. Generally, regular liability insurance policies do not provide coverage for potential effects of many health and safety measures, such as lead dstusbances and other polhd m occurrence items. Subreeipient should review existing policies to ensure that lead is covered and if not, secure adequate coverage for all units to be weatherized. Subrecipients' insurance must cover the pollution occurrence insurance coverage for their independent contractors or the independent contractors most obtain the coverage. E. Fiscal audit expenses for the weatheriution program not to exceed One Thousand Dollars ($1,000.00) shall be allowed under Attachment A, subject to Section 15. F. To the maximum extent practicable, Subnecipient shall secure the services of volunteers to weatherize dwelling units under the direction of qualified supervisors. Page 4 of 29 SECTION 12. USE OF AMERICAN IRON, STEEL, AND MANUFACTURED GOODS Contractor shall not use any of the funds provided pursuant to this Contract for a project for the construction, alteration, maintenance, or repair of a public building or public work unless all of the iron, steel, and manufactured goods used in the projed are produced in the United states except as provided in Section 1605 of the American Recovery and Reinvestment Act of 2009. SECTION 13. RECORD KEEPING REQUIREMENTS A. Subrecipient shall comply with the record keeping requirements set forth at 10 C.F.R §440.24 and with such additional record keeping requirements as specified by Department. B. For each dwelling unit weatherized with funds received from WAP under this Contract, Subrecipient shall maintain a file containing the following information: (1) completed Application for Weatherization Services indicating the ages of the residents, presence in the household of children age five (5) or younger, elderly persons (60 years or older), and persons with disabilities; (2) 12 month customer billing history for utilities or consumption disclosure release form; (3) eligibility documentation (proof of income eligibility shall consist of checks, check stubs, award letters, employer statements, or other similar documents including total income and public assistance payments); no dwelling unit shall be watherized without docamemtation that the dwelling unit is an eligible dwelling unit as defined in 10 C.F.R. §440.22. All proof of income must reflect earnings from within 12 months of the start date indicated on the building watherization report (BWR). Proof of income documentation requirements are the same for both single and multifamily horsing; effective January 1, 2005, all new applications must have proof of income or Declaration of Income Statement for the previous 30 days; (4) BWR to include certification of final inspection; (5) invoices of materials purchased and/or inventory removal sheds; (6) invoices of labor, (7) if a rental unit, landlord agreement form (including Exhibits A and B), landlord financial participation form and Permission to Conduct Energy Audit Form (Department form); and all other Landlord forms found in the Energy Assistance Section of the Departments website. (8) Self-help Certification (Department forum), if applicable; (9) Notice of Denial (Department form), if applicable; (10) Signed and dated Building Assessment form; (11) Attic Inspection (local design allowed); (12) Wall Inspection (local design allowed); (13) Justification for Omission of Priorities (local design allowed), if applicable; (14) Documentation of pre watherization carbon monoxide radmgs for all combustible appliances.; (15) Documentation of post weatherization carbon monoxide readings for all combustible appliances. (16) Blower Door Data Sheet (17) Copy of the cover sheet, SIR page, and Suggested Repairs and Measures page for the approved State of Texas Energy Audit; (18) A complete approved State of Texas Energy Audit on disk and a disk back-up for all units weatherized (unless using computer based audit); Page 5 of 29 (19) Signed client receipt of Lead Safe Information (for homes built in 1978 or prior); and (20) Refrigerator replacement form (if applicable). C. Materials standards documentation for weatherization materials purchased under this Contract must be maintained. These standards must meet the requirements according to Appendix A of 10 CFR 440. D. Subrecipwat shall give the federal and state funding agencies, the Comptroller General of the United States, and Department access to and the right to reproduce all records pertaining to this Contract. All such records shall be maintained for at least three years after final payment has been made and all other pending mattes are closed Subrecipient shall include the requirements of this Subsection in all subcontracts. E. All WAP records maintained by Subrecipied, except records made confidential by law, shall be available for inspection by the public during Subrecipient's normal busman hours to the extent required by the Texas Public Information Act, TEXAS GOVERNMENT CODE ANNOTATED. Chapter 552 F. All subrecipients must conduct a full household assessment addressing all possible allowable weatherization measures. SECTION 14. REPORTING REQUMEMENTS A. On or before the fifth (5th) day of the month, Subrecipient shall electronically submit a Performance Report and Expenditure Report to the Department reporting all activities up to the last day of the previous month. Mese reports are due each mouth even if Subrocipient has no new activity to report during the month. Subrompient must submit the feat Performance Report and Expenditure Report no later than October S, 2009 regardless of whether Subrecipient makes a find request. B. Subrocipient shall electronically submit to Department no lata than sixty (60) days afla the end of the Contact tam of this Contract a final eacpenditme and programmatic report. The failure of Subrecipient to provide a full accounting of all finds expended under this Contract may result in irncligibilo to receive additional funds or additional contracts. C. Subrecipient shall submit to Department no later than sixty (60) days after the end of the Contract term an inventory of all vehicles, tools, and equipment with a unit acquisition cost of 55,000.00 or more and a useful life of more than one year, if purchased in whole or m part with funds received under this or previous weathervAtion assistance program contracts. The inventory shall reflect the vehicles, tools, and equipment on hand as of the last day of the Contract tam. D. Subrecipient shall submit other reports, data, and information on the performance of this Contract as may be required by DOE pursuant to 10 C.F.R. §440.25, or by Department. E. If Subrecipient fails to submit, in a timely and satisfactory manner, any report or response required by this Contract, including responses to monitoring reports, Department may withhold any and all payments otherwise due or requested by Subrecipient hereunder. Payments may be withheld until such time as the delinquent report or response a received by Department. If the delinquent report or response a not received within forty-five (45) days of its due date, Department may suspend or terminate this Contract. If Subrecipient receives Weatherization Program funds from the Department over two or more Contracts of subsequent terms, funds may be withhold or this Contract suspended or terminated by S pient's fisilme to submit a past due report or response (including a report of audit) from a prior Contract term. Page 6 of 29 SECTION 15. ASSISTANCE IN PREPARING REPORTS ON USE OF FUNDS Subrecipient shall track all funds under this Contract and their projected statuses separately from all other funds, and shall assist Department in preparing and Sling the Department's recipient reports required by Section 1512(c) of the American Recovery and Reinvestment Act of 2009. Subroeipient shall provide to the Department, not later than five (5) calendar days after the end of each calendar quarter, the following information: A. An estimate of the number of jobs created and the number of jobs retained by the project or activity; B. For infrastructure investments, the purpose, total coat, and rationale of the agency for funding the infrastructure investment with funds made available under this Contract, and the name of the person to contact, and contact information, if there are concerns with the infrastructure investment; C. The names and total compensation of the five moat highly compensated officers of the entity if: (1) the recipient in its preceding focal year received: a. 80 percent or more of its annual gross revenues in Federal awards; and b. 525,000,000 or more in annual gross revenues from Federal awards; and (2) the public does not have access to information about the compensation of the senior executives of the entity through periodic reports filed under section 13(s) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986 [26 U.S.C. §61041; D. Vendor information including description of product or service, name, zip code, DUNS number, payment amount; and E. Any other information requested by the Department related to the Contract. SECTION 16. CHANGES AND AMENDMENTS Any change in the terms of this Contract required by a change in state or federal law or regulation is automatically incorporated herein effective on the date designated by such law or regulation and subrecipiaN is on constructive notice of this change whether actual notice is provided. Except as otherwise specifically provided herein any other change in the terms of this Contract shall be by amendment in writing and signed by both parties to this Contract. SECTION 17. NON-BINDING GUIDANCE Department may issue non-binding guidance to explain the rules and provide directions an the terms of this Contract. SECTION M INDEPENDENT SUBRECIPIENT It is agreed that Department is contracting with Subrecipient as an independent contractor. Subrecipient agrees to indemnify Department against any disallowed coats or other claims, which may be asserted by any third party in connection with the services to be performed by Subrecipient under this Contract. SECTION 19. PROCUREMENT STANDARDS & SUBCONTRACTS A. Subrecipient shall develop and implement procurement procedures, which conform to the uniform administrative regairc rents referenced in Section 6 of this Contract. Subrecipicut shall not procure supplies, equipment, materials, or services for this Contract except in accordance with its procurement procedures and the Texas Administrative Code: 10 TAC §5.10-§5.12 and §5.608. All procurement contracts, other than "small purchases" shall be in writing and shall contain the required provisions. Subrecipicut must obtain advance written permission from DOE through Department before purchasing any vehicle. Subrecipient shall include language in any subcontract that provides the Department the ability to directly review, monitor, and/or edit the operational and financial performance and/or records of work performed under this Contract. B. In addition to following any applicable state or local procurement laws, Subrecipient shall timely provide the Department with an electronic version of any notice of procurement opportunity for posting on the Department's website. Page 7 of 29 C. To the maximum extent possible, subcontracts funded under this Contract shall be awarded as fixod-price contracts through the use of competitive procedures. Subrecipient shall post a summary of any contract awarded with such funds that is not feed -price and not awarded using competitive procedures on the federal website established pursuant to Section 1526 of the American Recovery and Reinvestment Act of 2009. D. Subnxipicet shall come that its subcontractors comply with all applicable terms of this Contract as if the performance rendered by the subcontractor was being rendered by Submilik nt Subrecipaut shall hoped all subcontractors' work and shall be responsible for ensuring that it is completed in a good and worimsanlilce manner. Submaipieat shall make no payment to subcontractor until all work is complete and has passed a final inspection. E. It is the sok responsibility of Subrecipiet's authorized weatherization staff to perform every initial assessment, every approved State of Texas Energy Audit, and every final inspection. In an emergency situation, Subrecipient may request in writing that the Department waive this requirement The Department will review each request separately to determine whether a waives will be granted, the conditions for the waiver, and the maximum time allotted for the waiver. Under no circumstances will a waiver be granted for longer than six months. Failure to strictly adhere to this policy will result in disallowed costs. SECTION 20. AUDIT A. Subrecipient shall arrange for the performance of an annual financial and compliance audit of funds received and performances rendered oder this Contract, subject to the following conditions and limitations: (1) Subrecipients expanding $500,000 or more in federal financial assistance for any fiscal year endi►g an or after December 31, 2(103, shall have an audit made in accordance with Department's supplemental audit guide, the Single Audit Ad Amendments of 1996, 31 U.S.C. 7501 at seq. and OMB Circular No. 133 - Revised hme 27, 2003, "Audits of States, Local Governments, and Non -Profit Organizations." For purposes of this Section 15, "federal financial assistance" mesas assistance provided by a federal agency in the form of grants, contracts, loans, loan guarantees, property, cooperative agreements, interest subsidies, imuaace or direct appropriations, but does not incite direct federal cath assistaace to individuals. The term includes awards of federal financial assistance received directly from federal agencies, or indirectly through other units of state and local govemment (2) Snbrecipumt shall utilize funds budgeted under this Contract to pay for that portion of the cost of such audit services properly dbcsbk to the activities forded by Department under this Contract provided however that Department shall not make payment for the cost of such audit services until Department has received a satisfactory audit report, as determined by Department, from Subrecipient (3) Subrecipient shall submit two (2) copies of the repot of such audit to Department within thirty (30) days after The completion of the audit, and no labor than nine (9) months after the and of the audit period. However, for fiscal years beginning on or before June 30, 1998, the audit shall be completed and submitted within the earlier of 30 days after receipt of the auditor's report or 13 months after the end of the audit period. Subrecipi®t shall ensure that the audit report is made available for public inspection within thirty (30) days after completion of Ste audit. Audita performed under this Section 16 are subject to review and resolution by Department or its authorized ropresentAive. (4) The audit report must include verification of all expenditures by budget category, in accordance with the final Monthly Expenditure Report submitted to close out the contract year. B. Subsection A notwithstanding, Subrecipienb expending leu than $500,000 in Federal financial assistance may arrange for the performance of an annual financial statement audit Such audit should mduk verification as required in §16(A)(4). C. Subsection A notwithstanding, Department reserves the right to conduct an annual financial and compliance audit of funds received and performances rendered under this Contract Subrecipiet agrees to permit Department or its authorized representative to so& Subrecipient's records and to obtain any documents, materials, or information necessary to facilitate such audit D. Subrecipient understands and agrees that it shall be liable to Department for any costs disallowed pursuant to financial and compliance audit(s) of funds received under this Contract Subrecipient further understands and agrees that reimbursement to Department of such disallowed costs shall be paid by Subrempient from funds which were not provided or otherwise made available to Subncipie t under this Contract. Page 8 of 29 E. Subrecipicut shall take such action to facilitate the performance of such audit or audits conducted pursuant to this section as Department may require of Subrecipient F. Subrecipient shall procure audit services through an open, competitive process at least once every four yeas. The auditor shall retain working papers and reports for a minimum of three years after the date of issuance of the auditor's report to the aoditee. Audit working papers shall be made available upon request to Department at the completion of the audit, as a part of a quality review, to resolve audit findings, or to carry out oversight responsibilities consistent with the purposes of this part Access to working papers includes the right to obtain copies of working papers, as is reasonable and necessary. SECTION 21. PROPERTY MANAGEMENT A. Subrecipient acknowledges that any vehicles, tools, and equipment with a unit acquisition cost of $5,000.00 or more and a useful life of mora flan one year, if purchased in whole or in part with foods received under this or previous weatherrzation assistance program Contracts, are not assets of eilher the subrecipient or the Department but are held in trust for the Weatherization Assistance Program and as such are assets of the Weatheaization Assistance Program. Any equipment, tools, or vehicles having a useful life of more than one year and an acquisition cost of 55,000.00 or more per unit must receive prior approval from the Department before the purchase is made. B. Subrecipient shall develop and implement a property management system, which conforms to the uniform administrative requirements referenced in Section 6. SubrecipurA shall not me, transfer, or dispose of any property acquired in whole or in part with finds provided under this or a previous weathernaation assistance program contract except in accordance with its own property management system. C. Upon termination or iron -renewal of this contract, the Department may transfer the title of equipment to a third party named by the Department Such a transfer shall be subject to the following standards: 1) The equipment shall be appropriately identified in the award or otherwise made known to the recipient in writing. 2) The Department will issue disposition instructions after receipt of final inventory. D. Subrecipient shall establish adequate safeguards to prevent loss, damage, or theft of property acquired hereunder and shall promptly report to Department any loss, damage, or then of properly with an acquisition cost of Five Thousand Dollars (55,000.00) or more. E. In addition to the inventory of vehiclea, tools, and equipment required under Section 10, Subrecipient shall take a physical inventory of all WAP materials and shall reconcile the results with its property records at least once every year. Any differences between quantities detesminod by the inventory and those shown in the property records shall be investigated by Subrecipient to determine the cause of the difference. Page 9 of 29 SECTION 22. INSURANCE REQUIREMENTS Subrocipient shall maintain adequate personal injury and property damage liability insurance or, if Subrecipient is a unit of local government, shall maintain sufficient reserves to protect against the hazards arising out of or in connection with the performance of this Contract Subrecipient may obtain pollution occurrence insurance in addition to the general liability insurance. Generally, regular liability insurance policies do not provide coverage for potential effects of many health and safety measures, such as lead disturbances and other pollution occurrence item. Subrecipient shall review existing policies to ensure that lead contamination is covered and if not, secure adequate coverage for all units to be weatherized. Additional liability insurance coats may be paid from administrative or program support categories. The Department strongly recommends the subrecipient require their contractors to carry pollution occurrence insurance to avoid being liable for any mistakes the contractors may make. Each agency should get a legal opinion regarding the best course to take for implementing the pollution occurrence insurance coverage. If Subrecipient is not a unit of local govern nent, Subrecipient shall provide Depui uca t with certificates of insurance evidencing Subtecipieat's current and effective insurance coverage. Subrecipient agrees to notify the Department immediately upon receipt of notification of the termination, cancellation, expiration, or modification of any insurance coverage or required policy endorsements. Subrecipient agrees to suspend the performance of all work performed under this Contract until Subrecipient satisfies the coverage requirements and obta ms the policy endorsements, and las delivered to Department certificates of insurance evidencing that such coverage and policy endorsements are current and effective, and has been notified by Department that such performance of the work under this Contract may recommence. Subrecipients must also require all contracting independent subcontractors to have general liability insurance. Subrecipients' insurance must cover the pollution occurrence insurance coverage for their independent subcontractors or the independent subcontractors must obtain the coverage. SECTION 23. LITIGATION AND CLAIMS Subrecipient shall give Department immediate written notice of any claim or action Sled with a court or administrative agenncy against Subrecipient sad arising out of the performance of this Contract or any subcontract hereunder Submipwat shall furnish to Department copies of all pertinent papers received by Subrecipiemt with respect to such action or claim. SECTION 24 TECHNICAL ASSISTANCE AND MONITORING Department or its designee may conduct periodic toohnieal assistance visits, desk and on-gite monitoring to evaluate the efficiency, economy, and effectiveness of Subraipient's performance of this Contract Department will advise Subrecipient in writing of any deficiencies noted during such monitoring. Department may provide technical assistance to Subrxipient and may require changes in Subrecipieat's accounting, personnel, procuranent, and management procedures in order to correct any deficiencies noted. Subrecipient may be required by Department to return to dwelling units to correct identified problems. Department may hither review and assess the efforts Subrocipient has made to correct previously noted deficiencies. Department may wild fiords, place Subrec wat on a mot reimbursement basis, deobligate funds, suspend performance, terminate this Contract, or invoke other remedies in the event monitoring reveals material deficiencies in Subrecipient's performance or if Subrecipient fait to correct any deficiency within a reasonable period of time. SECTION 256 LEGAL AUTHORITY A. Subrecipient represents that it possesses the practical ability and the legal authority to enter into this Contract, receive and manage the funds authorized by this Contract, and to perform the services Subrecipient has obligated itself to perform under this Contract. B. The person signing this Contract on behalf of Subrecipient herby warrants that hcVWw las been aur home d by Subrecipient to execute this Contract on behalf of Subrecipient and to bind Subrecipient to all terms herein set forth. C. Department shall have the right to suspend or terminate this Contract if there is a dispute as to the legal authority of either Subrecipient or the person signing this Contract to enter into this Contract or to render performances hereunder. Should such suspension or termination occur, subrecrprent is liable to Department for any money it has received for performance of the provisions of this Contract Page 10 of 29 SECTION 26. PREVENTION OF FRAUD AND ABUSE A. Subrecipient shall establish, maintain, and utilize intdnal control systems and procedures sufficient to prevent, detect, and correct incidents of waste, fraud, and abuse in the WAP and to provide for the proper and effective management of all program and focal activities funded by this Contract. Subrecipient's internal control systema and all transactions and other significant events must be clearly documented and the documentation made readily available for review by Deportment. B. Subrecipient shall give Department complete access to all of its records, employees, and agents for the purpose of monitoring or investigating the weatherization program. Subrocipient shalt fully cooperate with Department's efforts to detect, investigate, and prevent waste, fraud, and abuse. Subrecipient shall immediately notify the Department of any identified instances of waste, fraud, or abuse. C. Deparhnent will notify the funding source upon identification of possible instances of waste, fraud, and abuse or other serious deficiencies. D. Subrecipient may not discriminate against any employee or other person who reports a violation of the terms of this Contract or of any law or regulation to Department or to any appropriate law enforcement authority, if the report is made in good faith. SECTION 27. HB 1196 CERTIFICATION Subrecipient / Local Operator certifies that it, or a branch, division, or department of Subrocipient / Local Operator does not and will not knowingly employ an undocumented wodwrx where "undocumented worker" means an individual who, at the time of employment, is not lawfully admitted for permanent residence to the United States or authorized under law to be employed in that manner in the United States. It; atter receiving a public subsidy, Subrecipient / Local Operator, or a branch, division, or department of Subrecipient / Local Operator is convicted of a violation under 8 U.S.C. Section 1324a, Subrecipient / Local Operator shall repay the public subsidy with interest, at a rate of S% per annum, not later than the 120th day atter the date TDHCA notifies Subrecipient / Local Operator of the violation. SECTION 28. SB 608 CERTIFICATION Under Section 2261.053, Texas Government Code, Subrecipient / Local Operator certifies that it is not ineligible to receive this contract and acknowledges that this contract may be terminatod and payment withheld if this certification is inaccurate. SECTION 29. CONFLICT OF INTEREST/NEPOTISM A. Subrecipient represents that neither it nor any member of its governing body presently has any interest or shall acquire any interest in, directly or indirectly, which would conflict with the pe fomunce of this Contract and that no person having such interest shall be employed by Subrecipic t or appointed as a member of Subrecipient's governing body. B. Subrecipient shall establish safeguards to prohibit its employees from using their positions for a purpose that a or gives the appearance of being motivated by a desire for private gam for themselves or others, particularly those with whom they have family, business or other ties. C. Subrecipient agrees that it will comply with TEX. GOV'T CODE ANN. Chapter 573 by ensuring that no officer, employee, or member of the governing body of Subrecipient shall vote for or conform die employment of any person related within the second degree by affinity or dhird degree by consanguinity to any member of the governing body or to any officer or employee authorized to employ or supervise such person. This prohibition shall not probibit the continued employment of a person who has been continuously employed for a period of two years prior to the election or appointment of the officer, employee, or governing body member related to such person in the prohibited degree. Page 11 of 29 SECTION 39. POLITICAL ACTIVITY AND LOBBYING PROHIBITED A. None of the funds provided under this Contract shall be used for influencing the outcome of any election, or the passage or defeat of any legislative measure. Thu prohibition shall not be construed to prevent any official or employee of Subrecipient from furnishing to any member of its governing body upon request, or to any other local or state official or employee or to any citizen information in the hands of the employee or official not considered under law to be confidential information. Any action taken against an employee or official for supplying such information shall subject the person initiating the action to immediate dismissal from employment B. No funds provided under this Contract may be used directly or indirectly to hire employes or in any other way fund or support candidates for the legislative, executive, or judicial branches of goveruneut of Subreeipient, the State of Texas, or the government of the United States. C. If any funds other than federally appropriated funds have boon paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Contract, Subraapient shall complete and submit a Certification Regarding Lobbying form in accordance with da instructions. No state funds may be given to persons who are required to register under TX GOVT CODE ANN. 305. D. None of the funds provided under this Contract shall be paid to any official or employee who violates any of the provisions of this section. SECTION 31. REQUIREMENT TO POST NOTICE OF WHISTLEBLOWER RIGHTS AND REMEDIES Any employer receiving funds under this Contract shall post notice of the rights and remedies afforded whistleblowers under Section 1553 of the American Recovery and Reinvestment Act of 2009. SECTION 32. NON-DISCRIMINATION AND EQUAL OPPORTUNITY No person shall on the ground(s) of race, color, religion, sex, national origin, age, disability, political affiliation or belief be excluded from participation in, be denied the benefits of; be subjected to discrimination under, or be dewed employment in the administration of or in connection with any program or activity funded in whole or in part with funds made available under tbis Contract SECTION 33. ,TOB POSTINGS ON WORT INTEXAS.COM Subroeipient must post all of their Contract -related job opportunities on the Workintexas.eom website. SECTION 34. SPECIAL COMPLIANCE PROVISIONS Sobrecipieut shall comply with the rapirements of all applicable laws and regulations, including those specified in 10 C.F.R. Part 600. SECTION 35. TRAINING AND TECHNICAL ASSISTANCE FUNDS A Training and technical assistance funds shall be used for State sponsored, DOE sponsored, and other relevant workshops and conferences provided the agenda includes topics directly related to administering WAP in accordance with the Texas Administrative Code: 10 TAC §5.532. For Training and Technical Assistance other than State or DOE sponsored Submcipient must receive prior written approval from the Department. B. Allowable travel costs under this Contract shall be determined in acmdance with OMB Circulars A-122 or A-87, as applicable, any Department Issuance on travel, and with Subrecipient's written travel policy. Subrecipient's written travel policy shill delineate the rates which Subre "ent shall use in computing the travel and per diem expenses of its board members and employees. Prior to incurring any costs for travel, subrocipient must provide Depafinent with a copy of its travel policy and evidence that such policy las been approved by Subrecipient's governing body. If Subrocipia nt has no established written travel policy, the travel regulations applicable to Department employees shall apply. C. Department may, from time to time, provide funds in this category that aro for the sole purpose of purchasing designated weafherization equipment. Page 12 of 29 SECTION 36. MAINTENANCE OF EFFORT Funds provided to Subrecipicnt under this Contract may not be substituted for funds or resources from any other source, not may they in any way serve to reduce the fiords or resources, which would have been available to or provided through Subrecipient, had this Contract never been executed. SECTION 37. DEBARRED AND SUSPENDED PARTIES (1) Subrecipient must not make any award (subgrant or contract) to any party which is debarred or suspended or is otherwise excluded from or ineligible for participation in Federal assistance programs under Executive Order 12549, "Debarment and Suspension and 45 CFR Part 76." (2) Subrecipient certifies that neither it or its principles is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. (3) Where Subrecipient is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this Contract (4) Subrecipient shall include in any subcontracts that failure to adogwdely perform under this Contract may result in penalties up to and including Debarment from performing additional work for the Department. SECTION 38 NO WAIVER No right or remedy given to Department by this Contract shall preclude the existence of any other right or remedy, nor shall any action taken in the exercise of any right or remedy be deemed a waiver of any other right or remedy. The failure of Department to exercise any right or remedy on any occasion shall not constitute a waiver of Department's right to exercise that or any other rigid or remedy at a later time. SECTION 39. PRIOR ORAL AND WRITTEN AGREEMENTS All prior oral or written agreements between the parties hereto relating to the subject mattes of this Contact have been reduced to writing and are contained herein. SECTION 40. LEGAL USE OF FUNDS CERTIFICATION Subrecipient hereby certifies, as a condition to receiving finds from the Department under this Contact, that the funds will be used in accordance with state and federal laws. SECTION 41. COMMENCEMENT OF ACTIVITY Prior to the commencement of any home related weatherization expenditures, Subrecipiemts must attend the September, 2009 Weatherization 101 training conducted by the Department SECTION 42. SEVERABILITY If any portion of this Contract is held to be invalid by a court of competent jurisdiction, the remainder of it shall remain valid and binding. Page 13 of 29 TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS CONTRACT NUMBER 16090000702 FOR THE THE AMERICAN RECOVERY AND REINVESTMENT ACT (ARRA) (CFDA# 81.042) AMENDMENT NUMBER: 1 SECTION 1. PARTIES TO CONTRACT The Texas Department of Housing and Community Affairs, a public and official agency of the State of Texas (hereinafter the "Department') and City of Beaumont (hereinafter the `SubrecipicW) do hereby contract and agree to amend the contract by and between the parties identified on Department records as Coact Number 16090000702 ("Contract'). SECTION 2. CONTRACT TERM The period for performance of this contract, unless earlier terminated, is September 01, 2009 through August 31, 2011 (hereinafter the "Contract Term'). SECTION 3. The Contract is amended by deleting the current Attachment A — Budget and Performance Document in it's entirety and substituting in lieu thereof the amended Attachment A — Budget and Performance Document as attached to this Amendment SECTION 4. AGREEMENT The parties hereto agroe that all other tams of the Contract shall remain in effect as therein set forth and shall continue to govern except to the extent that said terms conflict with the terms of this amendment. In the even any conflict in terms exits, this amendment shall control, unless it can rat be read consistently with the eatirety of the contract or is made void by operation of law. Each capitalized tam not expressly defined hereim shall have the meaning given to such term in the Contract. SECTION 5. This amendment shall be effective on the date of execution of this amendment by the Executive Director of the Texas Department of Housing and Community Affairs. SECTION 6. By signing this amendment, the parties expressly understand and agree that its tams shall become a part of the Contract as if it were set worth word for word therein. This amendment shall be binding upon the parties hereto and their respective successor* and assign. Page 14 of 29 TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS CONTRACT NUMBER 16090000702 FOR THE THE AMERICAN RECOVERY AND REINVESTMENT ACT (ARRA) (CFDA# 81.042) AMENDMENT NUMBER: 2 ATTACHMENT A - BUDGET AND PERFORMANCE DOCUMENT SU13RECIMENT NAME: City of Beaumont DEPARTMENT FINANCIAL OBLIGATIONS S 1,382,533.00 ARRA FUNDS CURRENTLY AVAILABLE $ 123,805.00 TRAINING & TECHNICAL ASSISTANCE FUNDS CURRENTLY AVAILABLE S 1,382,533.00 TOTAL ANTICIPATED ARRA FUNDS S 123,805.00 TOTAL ANTICIPATED TRAINING & TECHNICAL ASSISTANCE FUNDS Additional funds may be obligated via Amendment(s). Funds may only be obligated and expended during the current contract term. Unexpended fund balances will be recaptured. CATEGORIES DEPARTMENT SHARE 2 Administration $69,127.00 3 Liability 7 Pollution Occurrence Insurance S9,246.00 Fiscal Audit S2,000.00 Materials i Program Support "Labor S 1,041,728.00 4 Health and Safety S 260,432.00 SUB -TOTAL S 1,382,533.00 5 Training and Technical Assistance S 123,805.00 TOTAL S 1,506,338.00 Page 15 of 29 Denotes that the subrocipient must request in writing any adjustment needed to a budget category before TDHCA will make any adjustments to the budget categories. The only categories that can be reduced aro the Administration, Insurance, Fiscal Audit and/or in the Health and Safety categories. Subrecipients are limited to two (2) requested budget revisions daring the currant contract term. Only those written request(s) from the subrecipients received at least 120 days prior to the end of the contract term (by April 30, 2611) will be reviewed. TDHCA may decline to review written requests received during the final 90 days of the contract tam. 2 Denotes maximum for administration based on 5.00% of the total allowable expenditures excluding travel for training. Administration for 2nd 501/6 of funds will be held until receipt of DOE approval of State requirements detailed in Weatber¢ation Program Notice 10-5. 3 Denotes 54,000 for liability insurance and the remaining balance for pollution occurrence insurance. a Denotes the maximum allowed for Health and Safety expwdidues. s Department approved training / travel only. PERFORMANCE Subrecipisnth service ares consists of the following Texas counties: JEFFERSON Subrecipicafs service area consists of the following Texas cities: BEAU MONT Subrocipient shall provide weal rnstion program services sufficient to expend the contract funds during the centrad tern. ARRA costs per unit, excluding health and safety expenses, sb jj net exceed $6,500.00 without prior written approval from the Department By signing this Contract the parties expressly understand and agree to the terms set forth word for word therein. This Contract shall be binding upon die parties hereto and their respective successes and assigns. Effective Date of Budget 09.,0412009 Page 16 of 29 TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS CONTRACT NUMBER 16090000702 FOR THE THE AMERICAN RECOVERY AND REINVESTMENT ACT (ARRA) (CFDA# 81.042) AMENDMENT NUMBER: I SECTION 1. PARTIES TO CONTRACT The Teams Department of Housing and Community Affairs, a public and official agency of the State of Texas (hereinafter the "Department') and City of Beaumont (hereinafter the "Subrecipicut') do hereby contract and agree to amend the contract by and between the parties identified on Department records as Contract Number 16090000702 (`Voutract'j. SECTION 2. CONTRACT TERM The period for performance of this contract; unless earlier terminated, is September 01, 2009 through August 31, 2011 (hereinafter the "Contract Term'). SECTION 3. The Contract is amended by adding Attachment B — DAVIS BACON ACT; adding Attachment C — SECTION 43. HISTORIC PRESERVATION, will Revisimg SECTION 13. RECORD MNG REQUIREMENTS to add item "G. Subrneioiianta must provide Pmgm ARRli ,g,e, form and i.h- SpaW h and any other aorrondAte lanmuae." as identified in its entitrety in Attachment D -- SECTION 13. RECORD KEEPING REQUII2EMENTS as attached to this Amendment. SECTION 4. AGREEMENT The parties hereto agree that all other terns of the Contract shall remain in effect as die= set forth and shall continue to govern except to the eadent that said tams conflict with the terms of this amendment. In the event any conflict in tams exists, this amendment shall control, unless it can not be road consistently with the entirety of the contract or is made void by operation of law. Each capitalized teen not expressly defined herein shall have the meaning given to such term in the Contract. SECTION 5. This amendment shall be effective on the date of execution of this amendment by the Executive Director of the Texas Department of Housing and Community Affairs. SECTION 6. By signing this amendment, the parties expressly understand and agree that its terms shall become a part of the Contract as if it were set worth word for word therein. This amendment shall be binding upon the parties hereto and their respective successors and assigns. AGREED TO AND EXECUTED BY: Citv of Beaumont By: Kyle ilayes Date Signed: July 30, 2010 TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS By: Michael Gerber Date Signed: July 30, 2010 Page 17 of 29 TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS CONTRACT NUMBER 16090000702 FOR THE THE AMERICAN RECOVERY AND REINVESTMENT ACT (ARRA) (CFDA# 81.042) AMENDMENT NUMBER: 1 ATTACHNIENT B - DAVIS BACON ACT SUBRECIPiENT NAME: City of Beaumont Prescription: include for ARRA Awards when WAGE RATE REQUIREMENTS UNDER SECTION 1606 OF THE AMERICAN RECOVERY AND REINVESTMENT ACT ("RECOVERY ACT') Clauses an required. CLAUSE XX. DAVIS BACON ACT REQUIREMENTS A. Definitions. For purposes of this Clause, Clause XX, Centrad Work Hours and Safety Standards Act, and Clause XX, Recipient Functions, the following definitions are applicable: (1) Award means the Award by the Department of Energy (DOE) to a Recipient that includes a requitement to comply with the labor standards Clauses and wage rate requirement of the Davis -Bacon Act (DBA) for work performed by all laborers and mochimiea employed by Subrecipients, Contractors and subcontractors on projects fimded by or assisted in whole or in part by and through the Federal Goverment pursuant to the Recovery Act. (2) "Construction, alteration or repair" means all types of work done by laborers and mechanics employed by the Subreeipient, construction contractor or construction subcontractor on a particular building or work at the site thereof; including without limitation— (a) Altering, remodeling, installation (if appropriate) on the site of the work of items fabricated off-site; (b) Painting and decorating; or (c) Manufacturing or furnishing of materials, articles, supplies, or equipment on the site of the building or work. (3) Contract means a written procurement contract executed by a Subrecipieut for the acquisition of property and services for construction, alteration, and repair under a Subaward. For purposes of these Clauses, a Contract shall include subcontracts and lower -tier subcontracts under the Contract. (4) Contracting Officer means the DOE official authorized to execute awards on behalf of DOE and who is responsible for the business management and non -program aspects of the financial assistance process. (5) Contractor means an entity that suras into a Contract. For purposes of these Clauses, Contractor shall include subcontractors and lower -tier subcontractors. (6) Recipient means any entity other than an individual that receives Recovery Ad funds in the form of a grant directly frau the Federal Government. The term includes the State that receives an Award from DOE and is financially accountable for the use of any DOE funds or property, and is legally responsible for carrying out the terms and conditions of the program and Award. (7) Site of the worle' — (a) Means— (i) The physical place or places what the construction called for in the Award, Subaward, or Contract will remain when work on it is complded; and (ii) Any other site where a significant portion of the building or work is constructed, provided that such site is established specifically for the performance of the project; (b) Except as provided in paragraph (c) of this definition, the site of the work includes any fabrication plants, mobile fadarice, batch plants, borrow pits, job headquarter, tool yards, atc., provided— (1) They are dedicated exclusively, or nearly so, to performance of the project; and Page 18 of 29 (2) They are adjacent or virtually adjacent to the site of the work as defined in paragraphs (7)(axi) or (7)(axii) of this definition; and (c) Does not include permanent home offices, branch plant establishments, fabrication plants, or tool yards of a Contractor or subcontractor whose locations and continuance in operation are determined wholly without regard to a particular contract or Federal Award or project In addition, fabrication plants, batch plants, borrow pita, job headquarters, yards, etc., of a commercial or material supplier which are established by a supplier of materials for the project before opening of bids and not on the project site as defined in paragraphs (7xaxi) or (7)(axu) of this definition, are not included in the "site of the work" Such permanent, previously established facilities are not a part of the "site of the work" even if the operations for a period of time may b dedicated exclusively or nearly so, to the performance of an Award, Subaward, or Contract (8) Subaward means an award of financial assistance in the form of money, or property in lieu of money, made under an award by a Recipient to an eligible Subrecipient or by a Subrecipient to a lower -tier subrecipient The term includes financial assistance when provided by any legal agreement, even if the agreement is called a contras but does not include the Recipient's procurement of goods and services to carry out the program nor does it include any form of assistance which is excluded from due definition of "Award" above. (9) Subrecfpient means a non -Federal entity that expends Federal awards received from a pass-through entity [Recipient] to carry out a Federal program, but does not include an individual that is a beneficiary of such a program. The term includes a Community Action Agency (CAA), local agency, or other entity to which a Subaward under the Award is made by a Recipient that includes a requirement to comply with the labor standards clauses and wage rate requirements of the DBA work performed by all laborers and mechanics employed by contractors and subcontractors on projects funded by or assisted in whole or in part by and through the Federal Government pursuant of the Recovery Act B. Davis Bacon Act (1) (a) All laborers and mechanics employed or working upon the site of the work will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as aro permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR Part 3)), the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at the time of payment computed at rates not less than thosc contained in the wage determination of the Secretary of Labor which is attached to the Subaward or Contract ad made a part hereof, regardless of any contractual relationship which may be alleged to exist between the Recipient, a Subrecipient, or Contractor and such laborers and mechanics. (i) Applicable to recipient. Only: Prior to the issuance of the Subaward or Contract, the Recipient shall notify the Contracting Offer of the site of the work in order for the appropriate wage determination to be obtained by the Contracting Officer from the Secretary of labor. (ii) If the Subaward or Contract is or has been issued without a wage determination, die Recipient shall notify die Coitacting Officer immediately of the site of the work under the Subaward or Contract in order for the appropriate wage determination to be obtained by the Conlractimg Officer from the Secretary of Labor. (b) Contributions made or costs reasonably anticipated for bona fide fringe benefits under section 1(bx2) of the DBA on behalf of labonxs or mechanics are considered wages paid to such laborers and mechanics, subject to the provisions of paragraph B(4) below; also, regular contributions made or coats incurred for more than a weekly period (but not less often than quarterly) under plan, funds, or programs which cover the particular weekly period, are deemed to be constructively made or incurred during such period. (c) Such labors and mechanics shall be paid not less than the appropriate wage rate and fringe benefits in the wage determination for the classification of work actually performed, without regard to skill, except as provided in the paragraph entitled Apprentices and Trainees. Laborers or mechanics performing work in more than one classification may be compensated at the rate specked for each classification for the time actually worked therein; provided that the employer's payroll records accurately act forth the time spent in each classification in which work is performed. Page 19 of 29 (d) The wage determination (including any additional classifications and wage rates conformed under paragraph B(2) of this Clause) and the Davis -Bacon poster (WH -1321) shall be posted at all times by the Subrecipient and Contractor at the site of the work in a prominent and accessible place where it can be easily seen by the workers. (2) (a) The Contracting Officer shall require that any class of laborers or mechanics which is not listed in the wage determination and which is to be employed under the Subaward or Contract shall be classified in conformance with the wage determination. The Contracting Officer shall approve an additional classification and wage rate ad fringe benefits therefore only when all the following criteria have been met: (i) The work to be performed by the classification requested is not performed by a classification in the wage determination. (ii) The classification is utilized in the area by the construction industry. (iii) The proposed wage rate, including any bona fide fringe benefits, bear a reasonable relationship to the wage rates contained in the wage determination. (b) If the Subrocipient (and Contractor, when applicable) and the laborers and mochanics to be employed in the classification (if known), or their representatives agree on the classification and wage rate (including the amount designated for finrge best fits, where appropriate), the Subrocipient shall notify the Recipient. The Recipient shall notify the Contracting Officer of this agreement. If the Contracting Officer agrees with the classification and wage rate (including the amount designated for Singe benefits, where appropriate), a report of the action W= shall be sent by the Contracting Officer to the Administrator of the: Wage and Hour Division Employment Standards Administration U.S. Department of Labor Washington, DC 20210 The Administrator or an authorized representative will approve, modify, or disapprove every additional classification action within 30 drys of receipt and so advise Bre Contracting Officer or will notify the Contracting Officer within the 30 -day period that additional time is necessary. (c) In the event the Subrecipumt (and Contractor, when applicable), and the laborers or mechanics to be employed in the classification, or their representatives, do not agree on the proposed classification and wage rate (including the amount designated for fringe bmefits, where appropriate), the Subrocipient shall notify the Recipient. The Recipient shall notify the Contracting Officer of the disagreement. The Contracting Officer shall refer the questions, including the views of all interested parties and the recommendation of the Contracting Officer, to the Administrator of the Wage and Hour Division for dotermination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise the Contracting Officer or will notify the Contracting Officer within the 30day period that additional time is necessary. (d) The wage rate (including hinge benefits, where appropriate) determined pursuant to subparagraphs B(2xb) or B(2)(c) of this Clause shall be paid to all workers performing work in the classification under the Award, Subi ward, or Coact firom the first dry on which work is performed in the classification. (3) Whenever the minimum wage rate proscribed in the Award, Subaward, or Contract for a class of laborers or mechanics includes a Singe benefit which _is not eapreased aan hourly rate, the Subrecipomt and Contractor shall either pay the benefit as stated in the is determination or shall pay another bona fide Synge b=efit or an hourly cash equivalent thereof. (4) If the Subrocipient or Contractor does not make payments to a trustee or other third person, the Subreeipieat or Contractor okay consider as part of the wages of any laborer or mechanic the amount of any costs reasonably antieipatod in providing bona fide hinge benefits under a plan or program; providod, that the Secretary of Labor has found, upon the written request of the Subrocipient or Contractor that the applicable standards of the Davia-Bacon Act have bean met. The Secretary of Labor may require the Subrecipient or Contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. Page 20 of 29 C. Rates of Wages (1) The minimum wages to be paid laborers and mechanics under the Subaward or Contract involved in performance of work at the project site, as determined by the Secretary of Labor to be prevailing for the corresponding classes of laborers and mechanics employed on projects of a character similar to the contract work in the pertinent locality, are included as an attachment to die Award, Subaward, or Contract. (2) If the Subaward or Contract has been issued without a wage determination, the Recipient shall notify the Contracting Officer immediately of the site of the work under the Subaward or Contract in order for the appropriate wage determination to be obtained by the Contracting Officer from the Secretary of Labor. D. Payrolls and Basic Records (1) Payrolls and basic records relating thereto shall be maintained by the Recipient, Subrecipient and Contractor during the course of the work and preserved for a period of 3 years thereafter for all laborers and mechanics working at the site of the work. Such records shall contain the name, address, and social security number of each such worker his or her correct classification, hourly rates of wages paid( including rates of contributions or costs anticipated for bora fide hinge benefits or cash equivalents thereof of the typea described section 1(bx2)(B) of the Davis -Bacon Act), daily ad weekly number of hours worked, deductions made, and actual wages paid. Whenever the Secretary of Labor has found, under paragraph (4) of the provision entitled David -Bacon Act, that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in section 1(bx2)(B) of the Davis -Bacon Act, the Subrecipient or Contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. The Subrecipient or Contractor employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. (2) (a) The Contractor shall submit weekly for each week in which any Contract work is performed a copy of all payrolls to the Subnocipient. The Subrecipient shall submit weekly for each week in which any Subaward or Contract work is performed a copy of all payrolls to the Recipient. The Recipient shall submit weekly for each week in which any Subaward or Contract work is performed a copy of all payrolls to the Contracting Officer. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under paragraph D(1) of this Clause, =kept that the full social security numbers and home addresses shall not be included on weekly transmittals. Instead, the payrolls shall only need to include an individually identifying number for each employee (e.g., the last four digits of die employee's social security number). The required weekly payroll information may be submitted in any form desired. Optional Form WH -347 is available for this purpose from the Wage and Hour Division Web site at http://www.dol.gov/esa/whd/forms/wh347instr.htm or its successor Atte. (b) The Recipient is responsible for the ensuring that all Subrecipients and Contractors submit copies of payrolls and basic records as required by paragraph D, Payrolls and Basic Records, of this Clause. The Subrecipient is responsible for ensuring all Contractors, including ower tier subcontractors submit copies of payrolls and basic records as required by paragraph D, Payrolls and Buie Records, of this clause. Subrecipients and Contractors shall maintain the fell social security number and current address of each covered worker, and shall provide them upon request for transmission to the Contracting Officer, the Recipient, or the Wage and Hour Division of the Department of Labor for purposes of a investigation or audit of compliance with prevailing wage requirement. The Recipient shall also obtain and provide the full social security number and current address of each covered worker upon request by the Contracting Officer or the Wage and Hour Division of the Department of Labor for purposes of an investigation or audit of compliance with prevailing wage requirements. It is not a violation of this section for a Recipient to require a Subrecipient or Contractor to provide addresses and social security numbers to the Recipient for its own records, without weekly submission to the Contracting Office. (c) Each payroll submitted shall be accompanied by a "Statament of Compliance," signed by the Recipient, Subrecipirnt or Contractor or his or her agent who pays or supervises the payment of the persons employed under the Subaward or Contract and shall certify — Page 21 of 29 (i) That the payroll for the payroll period contains the information required to be maintained under paragraph D(2xa) of this Clause, the appropriate information is being maintained under paragraph D(i) of this Clause, and that such information is correct and complete; (ii) That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the Subaward or Contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other that permissible deductions as set forth in the Regulations, 29 CFR Part 3; and (iii) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the Subaward or Contract. (d) The weekly submission of a properly executed certification set fm* on the reverse side of Optional Form WH -347 shall satisfy the requirement for submission of the 'Statement of Compliance" required by paragraph D(2xe) of this Clause. (e) The falsification of any of the certifications in Paragraph D, Payrolls and Basic Records, of this Clause may subject the Recipient, Subreapient or Contractor to civil or criminal prosecution under Section 1001 of Title 18 and Section 3729 of Title 31 of the United States Code. (3) The Recipient, Subrmveint, or Contractor shall make the records required under paragraph D(I) of this Clause available for inspection, copying, or transcription by the Contracting Officer, authorized representatives of the Contracting Officer, or the Department of Labor. The Subroeipirnt or Contractor shall permit the Contracting OfFicer, authorized representatives of the Contracting Officer or the Department of Labor to interview employees during working hours on the job. If the Recipient, Subrocipient, or Contractor &ails to submit the require records or to make them available, the Contracting Offrca may after written notice to the Recipient, Subrecipient, or Contractor take such action as may be necessary to cause the suspension of any father payment, advance, or guarantee of finds. Furthermore, faihrre to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12. E. Withholdas of f usoir (1) The DOE Contracting Officer shall, upon his or her or its own action or upon written request of an authorized representative of the Department of Labor, withhold or cause to be withheld from the Recipient or any other contract or Federal Award with the same Rompieal, on this or any other fedaally assisted Award subject to Davis -Bacon prevailing wage roquireaseats, which is held by the same Recipient so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees, and helpers, employed by the Subrecipient or a Contractor the full amount of wages required by the Award or Subaward or a Contract In the event of fsihve to pay any laborer or mechanic, including any apprentice, trainee, or helper, employed or working on the site of the work, all or part of the wages required by the Award or Subaward or a Contract, the Contracting Officer may, after written notice to the Recipient take such action as may be necessary to cause the suspension of any father payment. advance, or guarantee of funds until such violations have ceased. Page 22 of 29 (2) The Recipient shall, upon its own action or upon written request of the DOE Contracting Officer or an authorized representative of the Department of Labor, withhold or cause to be withheld from any Subrecipient or Contractor so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees, and helpers, employed by the Subrecipient or Contractor the full amount of wages required by the Subaward or Contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee, or helper, employed or working on the site of the work, all or part of the wages required by the Subaward or Contract, the Recipient may, after written notice to the Subrecipiad or Contractor, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased or the Governmerl may cause the suspension of any further payment under any other contract or Federal award with the same Subrecipient or Contractor, on any other federally assisted Award subject to Davis -Bacon prevailing wage requirements, which is held by the same Subrecipient or Contractor. F. Appradeea ad 71 emcee (1) Apprentices. (a) An apprentice will be permitted to work at less than the predetermined rate for the work they performed when they are employed— (i) Pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Office of Apprenticeship and Training, Employer, and Labor Services (OATELS) or with a State Apprenticeship Agency recognized by the OATELS; or (ii) In the first 90 days of probationary employment as an apprentice in such an apprenticeship program, even Brough not individually registered in the program, if certified by the OATELS or a State Apprenticeship Agency (where appropriate) to be eligible for probationary empbyment as an apprentice. (b) The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the Subrecipient or Contractor as to the entire work force under the registered program. (c) Any worker listed on a payroll at an apprentice wage raze, who is not registered or otherwise employed as stated in paragraph F(1) of this Clause, shall be paid not las than the applicable wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. (d) Where a Subrecipient or Contractor is performing construction on a project in a locality other than in which its program is registered, the ratios and wage rata (expressed in percentages of the journeyman's hourly rate) specified in the Subreeipient's or Contractor's registered program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeyman hourly rate specified in die applicable wage determination. (e) Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits Bated on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. (e) Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify Singe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification, Singes shall be paid in accordance with that determination. (f) In the event OATELS, or a State Apprenticeship Agency recognized by OATELS, withdraws approval of an apprenticeship program, the Subrecipient or Contractor will no longer be permitted to utilize apprentices at las than the applicable predetermined rate for the work performed until an acceptable program is approved. Page 23 of 29 (2) Trainees (a) Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by (OATELS). The ratio of traicea to journeymen on the job site shall not be greater than permitted under the plan approved by OATELS. (b) Every trainee must be paid at not less than the rate specified in the approved program for the trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination Trainees shall be paid fringe benefits in accordance with 1he provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed in the wage determination unless the Administrator of the Wage and Hour Division determines that there is an sM m icahip/traming program associated with the convaponding journeyman wage rate in the wage determination which provides for las than fall fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the OATELS shall be paid not lona than the applicable wage rate in the wage determination for the classification of work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not las than the applicable wage rate in the wage determination for the work actually performed. (c) In the event OATEI.s withdraws approval of a training program, the Subrecipimt or Contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (3) Equal employment opportunity. The utilization of apprentices, trainees, and journeymen under this Clause shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR Put 30. G. Complim eewi& CkwimdActRopdreasaw The Recipient, Subrecipient or Contractor shall comply with the requirements of 29 CFR Part 3 which are hereby incorporated by reference in the Award, Subaward or Contract H. Subawardi mid Coatram (1) The Recipient, the Subiecipient and Contractor shall insert in the Subaward or any Contracts this Clause entitled "Davis Bacon Act Regoiremets" and such other clauses as the Contracting Officer may require. The Recipient shall be responsible for enuring compliance by any Subrocipient or Cmtractor with all of the requirements contained in this Clause. The Subrecipiert shall be responsible for the compliance by Contractor with all of the requirements contained in this Clause. (2) Within 14 days after issuance of a Subawad, the Recipient shall deliver to the Contracting Officer a completed Standard Form (SF) 1413, Statement and Aclmowledgmaot, for each Subaward and Contract for comtruction within the United State*, including the Subrecipient's and Cmitrsebr's signed and dried acknowledgment that this Clause) has been included in the Subaward and any Contracts. The SF 1413 is available from the Contracting Officer or at http: icontacts.gsaa.gov/webforins.ns£'0/7OB4872Dl6EE95A785256A26004F7FA8/Sfile/sfl413 e.pddf. Within 14 days after issuance of a Contract or lower- tier subcontract, the Subtecipient shall deliver to the Recipient a completed Standard Form (SF)1413, Statement and Acknowledgment, for each Contract and lower - tier subcontractor's signed and dated acknowledgment that this Clause has been included in any Contract and lower- tier subcontracts. SF1413 is available fiems the Contracting Officer or at httg:/ncontacts.gsa.sov/webfonns.nsf'0/70B4872D16EE95A785256A26004F7EA8/$file/sf1413 e.odf. The Recipient shall immediately provide to the DOE Contracting Officer the completed Standud Fortes (SF) 1413. I. Con0act Tersraadssn - - Debow at Page 24 of 29 A breach of these provisions may be grounds for termination of the Award, Subaward, or Contract and for debarment as a Contractor or subcontractor as provided in 29 CFR 5.12. J. Compliance with Davis Bacon and RelatedAet Regultions All rulings and interpretations of the Davis -Bacon and Related Acte contained in 29 CFR Parts 1, 3, and 5 are hereby incorporated by resference in the Award, Subaward or Contract K Dup ain Conceraring Labor &m darer The United States Department of Labor has sed fads in 29 CFR Parts 5, 6, and 7 procedures for resolving disputes concerning labor standards requirements. Such disputes shall be resolved in accordance with those procedures and shall not be subject to any other dispute provision that may be contained in the Award, Subaward, and Contract. Disputes within the meaning of the Clause include disputes between the Recipient, Subrecipient (including any Contractor) and the Department of Energy, the U.S. Department of Labor, or the employees or their representatives. L. Ce tiox ofE4 &i&y (1) By entering into this Award, Subaward, or Contract (as applicable), the Recipient, Subrecipienk or Contractor, respectively certifies that neither it (nor he or she) nor any person or firm who has an interest in the Recipient, Subrecipient, or Contractor's firm, is a person, entity, or firm ineligible to be awarded Government contracts or Government awards by virtue of section 3(a) of the Davia-Bacon Ad or 29 CFR 5.12(a)(1). (2) No part of this Award, Subaward or Contract shall be subcontracted to any person or firs ineligible for award of a Government contract or Government award by virtue of section 3(a) of the Davis -Bacon Act or 29 CFR 5.12(a)(1). (3) The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001. M. Approval of Wage Rater All straight tune wage ratan, and ovetive rates based thereon, for labomrn and mechanics engaged in work under an Award, Subaward or Contract must be submitted for approval in writing by the head of the federal contracting activity or a respresentative expressly designated for this purpose, if the straight time wages exceed the rates for corresponding classifications contained in the applicable Davie -Bacon Act minimum wage determination included in the Award, Subaward or Contract Any amount paid by the Subrecipicat or Contractor to any laborer or mechanic in excess of the agency approved wage rate shall be at the expense of the Subrecipient or Contractor and shall not be reimbursed by the Recipient or Subrecipient If the Government refuses to authorize the use of the overtime, the Subrecipient or Contractor is not released farm the obligation to pay employees at the required overtire rates for any overtime actually worked CLAUSE XXX. Contract Work Hours and Safety Standards Act This Clause entitled "Contract Work Hours and Safety Standards Act (CWHSSA)" shall apply to any Subaward or Contract in an amount in excess of $100,000. As used in this CWHSSA Clause, The terms laborers ad mechanics include watchmen and guards. A. Overtime requirements. No Subrecipient or Contractor contracting for any part of the Subaward work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. Page 25 of 29 B. Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the Clause ad forth in paragraph B herein, the Subrecipient or Contractor responsible therefore shall be liable for the unpaid wages. In addition, such Subrecipiart or Contractor shall be liable to the United States (in the case of work done under a Subaward or Contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the provision ad forth in CWSSHA paragraph A, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause ad forth in paragraph (A) of this section. C. Withholding for unpaid wages and liquidated damages. (1) The DOE Contracting Officer shall upon its own action or upon written request of an authorized representative of the Department of Tabor withhold or cause to be withheld, from any moneys payable on account of work performed by the Recipient on this or any other Federal Award or Federal contract with the some Recipient on any other federally assisted Award or contract subject to the CWHSSA, which is held by the same Recipient such sums as may be determined to be necessary to satisfy any liabilities of such Recipient for unpaid wages ad liquidated damages as provided in the clause ad forth in CWHSSA, paragraph B of this Clause. (2) The Recipient shall, upon ita own action or upon written request of the DOE Contracting Office or an authorized representative of the Department of Labor, withhold or cause from any moneys payable on account of work performed by the Subrecipient or Contractor on this or any other federally assisted aubaward or contract subject to the CWHSSA, which is hold by the same Subrecipient or Contractor such sums as may be determined to be necessary to satisfy any liabilities of such Subrecipient or Contractor for unpaid wages and liquidated damages as provided in clause ad forth in CWHSSA, paragraph B of this Clause. Page 26 of 29 TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS CONTRACT NUMBER 16090000702 FOR THE THE AMERICAN RECOVERY AND REINVESTMENT ACT (ARRA) (CFDA# 81.042) ATTACHMENT C - HISTORIC PRESERVATION SUBRECIPIENT NAME: City of Beaumont SECTION 43. HISTORICAL PRESERVATION Prior to the expenditure of Federal funds to alter any structure or site, the Subrecipient is required to comply with the regoiremente of Section 106 of 16 U.S.C. 470 the National Historic Preservation Act (NHPA). The Department has provided guidance through the Memorandum of Understanding with the Texas Historical Commission posted on the Department website. Page 27 of 29 TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS CONTRACT NUMBER 16090000702 FOR THE THE AMERICAN RECOVERY AND REINVESTMENT ACT (ARRA) (CFDA# 81.042) AMENDMENT NUMBER: 1 ATTACHMENT D - SECTION 13. RECORD KEEPING REQUIREMENTS SUBRECIPIENT NAME: City of Beaumont SECTION 13. RECORD KEEPING REQUIREMENTS G. Subreoq=ts must provide program applications, forma sad educ Tonal materisb m English, Spanish and any other appropriate language. Page 28 of 29 TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS CONTRACT NUMBER 16090000702 FOR THE THE AMERICAN RECOVERY AND REINVESTMENT ACT (ARRA) (CFDA# 81.042) AMENDMENT NUMBER: 2 SECTION 1. PARTIES TO CONTRACT The Texas Department of Housing and Community Affairs, a public and official agency of the State of Texas (hereinafter the "Department) and City of Beaumont (hereinafter the "Subrecipicut!) do hereby contract and agree to amend the contract by and between the parties identified on Department records as Contract Number 16090000702 ("Contract). SECTION 2. CONTRACT TERM The period for performance of this contract, unless earlier terminated, is September 01, 2009 through august 31, 2011 (hereinafter the "Contract Term'). SECTION 3. The Contract is amended by deleting the current Attachment A — Budget and Performance Document in it's entirety and substituting in lieu thereof the amended Attachment A — Budget and Performance Document as attached to this Amendment. Auadrmcut A - Budget and Performance Document is being amended to include the god year disbursement SECTION 4. AGREEMENT The parties hereto agree that all other terms of the Contract shall remain in effect as therein ant forth and shall continue to govern except to the extent that said tams conflict with the terms of this amendment In the event any conflict in terms exists, this amendment shall control, unless it can not be read consistently with the entirety of the contract or is made void by operation of haw. Each capitalized term not expressly defined herein shall have the meaning given to such tam in the Contract SECTION & This amendment shall be effective on the date of execution of this amendment by the Executive Director of the Texas Department of Housing and Community Affairs. SECTION 6. By signing this amendment, the parties expressly understand and agree that its terms shall become a part of the Contract as if it were ant worth word for word therein. This amendment shall be binding upon the parties hereto and their respective successors and assigns. Cite of Beaumont By: Kyle Hayes Date Signed: July 30, 2010 Page 29 of 29 16 March 8, 2011 Consider approving a resolution of preliminary support of the proposed Azure Point, a proposed Low Income Housing Tax Credit project RICH WITH OPPORTUNITY BEA,UMON* T • E • % • A • S TO: City Council Agenda Item City Council FROM: Kyle Hayes, City Manager (,)f> PREPARED BY: Chris Boone, Community Development Director MEETING DATE: March 8, 2011 REQUESTED ACTION: Council consider a resolution of preliminary support of the proposed Azure Point, a proposed Low Income Housing Tax Credit (LIHTC) project. RECOMMENDATION The Administration recommends approval. BACKGROUND The NRP Group, in partnership with the Beaumont Housing Authority, will soon be submitting an application to the Texas Department of Housing and Community Affairs (TDHCA) for use of LIHTC funds for the construction of a one hundred forty (140) unit housing development at the comer of Eastex Freeway and Chinn Lane. Currently, the area of the proposed development has more than twice the state average of subsidized housing units per capita. As such, additional subsidized units would not be allowed in this area unless the proposed development and the allocation of tax credits is supported by the City Council. Approval of this resolution would allow TDHCA to consider funding Azure Point. To date, no local funding has been requested. Any request to use HOME funds would be submitted to City Council for consideration. Also, approval of this resolution of support would only be preliminary in that all necessary permits and zoning regulations would need to be complied with before the project could begin construction. BUDGETARY IMPACT None at this time, but use of 2011 HOME funds may be considered at a future date. MAR -03-2011 16:13 From:LAW OFFC. OF BRIAN S 210 224 4470 To:14098803112 Paee:1�'1 a BRIAN DAVID SMITH A'T'TORNEY AT LAW 310 SOUTH ST. MARY'S SUITE 1215 SAN ANTONIO. TEXAS 78205 TELEPHONE: (210) 226-0100 FAX: (210) 226-0080 FACSIMILE TRANSMITTAL SIiEET TO: FROM; Mr. Kyle Hayem Bruen D. Smkh COMPANY: DA'Z'E: City of Beaumont MARCH 3, 2011 FAX NUMDER: TOTAL NO. OF PAGES INCLUDING COVER.• (409) 880-3112 3 PHONE NUUMER RANnRR'S RRPRRENCC! NUMBER: (409) 880-3719 RE: YOUR REFERENCE NUMBF,R: Request for City Council Resolution ❑ URGENT ❑ FOR REVIEW ❑ P1,r:.A$E COMMENT ❑ PLEASE REPLY © PLEASE REGyca,' - 111 NOTES/C.OMMENI'S: Dear City Manager Hayes: Attached for your review is a Resolution of Support that my client (NRP Group) needs to have passed by the Beaumont City Council so that they will remain in the running for a tax credit award from the Texas Department of Housing and Community Affairs to participate in a joint venture multi- family housing development with the Beaumont Housing Authority. The Development is called Azure Point Ltd. and would be built at the corner of Eastex Freeway and Chinn Lane. There are no zoning or developmental issues with the proposed site. The proposed Resolution states that the City of Beaumont acknowledges they have more than twice the MR -03-2011 16:14 From:LAW OFFC. OF BRIAN S 210 224 4470 To:14098803112 Pa9e:2/3 ' State average of units per capita supported by Housing Tax Credits or Public Activity Bonds. The politics behind this Resolution requirement are to give cities (in this case Beaumont) a chance to have input on the amount of tax credits awarded within the City. If adding more affordable housing units presents an issue with the council, we can show that a majority of these credits went to elderly developments and not traditional workforce housing. I think we both can agree that in spite of Beaumont exceeding the two times the State average, demand still exists in Beaumont for quality affordable housing for working class citizens_ While NRP is joint venturing with the BHA, this will not be a traditional BHA property. All residents will have to pass a thorough background check and be able to document they fall within the income guidelines. NRP also strictly complies with all Federal Fair Housing laws. Time of the essence as this Resolution is due in Austin before the end of the month. I have asked Debra Guerrero with the NRP Group to forward you informational packets on this proposed development. They should be in your office tomorrow. Ms. Guerrero will also be in attendance when this matter is put on the Agenda in case there are any questions which need to be answered. Please contact my office if you have any questions. Sincerely, Brian D. Smith Attorney for the NRP Group 2 RESOLUTION NO. WHEREAS, the City Council of the City of Beaumont (the "City") has been apprised of the pending application for tax credits (the "Application") filed for the new construction of Azure Point (the "Development"), a proposed one hundred -forty (140) unit housing development located at the corner of Eastex Freeway and Chinn Lane, a Low Income Housing Tax Credit (LIHTC) project through the Texas Department of Housing and Community Affairs ("TDHCA"); and, WHEREAS, the City is a municipality that has more than twice the state average of residential units per capita supported by tax credits or private activity bonds at the time the 2010 Application Round begins, and therefore, under Section 50.5 (a)(7) of the 2010 Qualified Allocation Plan and Rules (the "QAP") adopted by TDHCA, as set forth in Title 10, Part 1 of the Texas Administrative Code, the TDHCA requires the express prior support of the governing body of the City and a written statement of support of the allocation of Housing Tax Credits in order for the Applicant to be awarded an allocation of Housing Tax Credits by TDHCA; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT THAT: SECTION 1. This resolution in no way commits the City of Beaumont to provide any funding for the proposed project. SECTION 2. This project is still subject to any and all zoning and construction regulations and will be required to comply with such. SECTION 3. The governing body of the City hereby offers preliminary support for the construction of the Development within the City. SECTION 4. The governing body of the City hereby supports the allocation of Housing Tax Credits for the Development. SECTION 5. The governing body of the City hereby acknowledges that this resolution shall constitute a written statement of support for the construction of the Development as required by Section 50.5(7)(B) of the QAP. 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TM4 C!� V n cn � o 0 V� .0 x � �I 4� P -4O Llr) O Z o V � o L � U � O cu d- 0 O �o � GNcn U }E C:) 0-1o �-+ CO CU o 0 V� m C/) LJ 4-4 cn W O 0 ■ E E z �z N c� 0-5 -1 U cn 0 w 0 O No Text 11% O U a O L m CL L I_ O L L L 0 00 r r N O L L cu L U m O U N N (0 _N CL C 4-0N E O C O 0 U - 4- m m 4-4L U a� U r rTCC3 FSI 4-1 U a o 0 0 � O U a O L m CL L I_ O L L L 0 00 r r N O L L cu L U m O U N N (0 _N CL C 4-0N E O C O 0 U - WORKSESSION * Review and discuss proposed amendments to the Noise Ordinance 17 March 8, 2011 Consider amending Chapter 12, Article 12.08 Noise of the Code of Ordinances RICH WITH OPPORTUNITY r C� T • E • x • A • S City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tyrone E. Coo ,-City Attorney MEETING DATE: March 8, 2011 REQUESTED ACTION: Council consider amending Chapter 12, Article 12.08 Noise of the Code of Ordinances. RECOMMENDATION The Administration recommends approval of amending Chapter 12 relating to the noise ordinance. BACKGROUND This amendment is necessary to bring our current noise ordinance into compliance with a settlement agreement entered into between the World Wide Street Preachers Fellowship and the City of Beaumont. Language will be added to state a reasonable standard of measurement for violations of the noise ordinance. This amendment addresses the maximum permissible sound levels as measured by dB(A) levels. Also, language will be added addressing how to measure sound levels, providing exceptions to the applicable sound levels and definitions to assist in clarification. BUDGETARYIMPACT None ARTICLE 12.08 NOISE Sec. 12.08.001— Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, unless the context of their usage clearly indicates another meaning: dB(A) shall mean the intensity of a sound expressed in decibels read from a calibrated sound level meter utilizing the A-level weighting scale and the slow meter response, as specified by the applicable publications of the American National Standards Institute or its successor body. Nonresidential property shall mean any real property within the limits of the city which is not included in the definition of residential property as defined in this section. Person shall mean any individual, association, partnership or corporation. Property line shall mean the line along the ground surface, and its vertical extension, which separates the real property owned, leased or occupied by one person from that owned, leased, or occupied by any other person and the imaginary line which represents the legal limits of property of any person who owns, leases or otherwise occupies an apartment, condominium, hotel or motel room, office, or any other type of occupancy. Residential property shall mean any real property developed and used for human habitation and which contains living facilities, including provisions for sleeping, eating, cooking and sanitation, unless such premises are actually occupied and used primarily for purposes other than human habitation. Sound nuisance shall mean any sound which either exceeds the maximum permitted sound levels specified in section 12.08.005 or otherwise unreasonably disturbs, injures or endangers the comfort, repose, health, peace or safety of persons with ordinary sensibilities within the limits of the city. Sec. 12.08.002 Declaration of findings The making, creation or maintenance of such loud, unnecessary, unnatural or unusual noises which are prolonged, unusual and unnatural in their time, place and use, affect and are a detriment to public health, comfort, convenience, safety, welfare and prosperity of the residents of the city, and the necessity in the public interest for the provisions and prohibitions hereinafter contained and enacted is declared as a matter of legislative determination and public policy, and it is further declared that the provisions and prohibitions contained in sections 12.08.003 and 12.08.004 are in pursuance of and for the purpose of securing and promoting the public health, comfort, convenience, safety, welfare and prosperity and the peace and quiet of the city and its inhabitants. (1958 Code, sec. 22-5; 1978 Code, sec. 13-12) Sec. 12.08.003 Causing prohibited It shall be unlawful and constitute the creation and/or maintenance of a public nuisance for any person to make, continue or cause to be made or continued any loud, unnecessary or unusual noise or any noise which either annoys, disturbs, injures or endangers the comfort, repose, health, peace or safety of others, within the limits of the city. A noise does not have to exceed the maximum permissible sound levels contained in Section 12.08.005 in order to constitute a violation of this article if such noise disturbs the peace, quiet and comfort of a person of ordinary sensibilities. (1958 Code, sec. 22-6; 1978 Code, sec. 13-13) Sec. 12.08.004 Acts or conditions prohibited The following acts, among others, are declared to be loud, disturbing and unnecessary noises in violation of this code, but said enumeration shall not be deemed to be exclusive, namely: (1) Horns, signaling devices. The sounding of any horn or signaling device of any automobile, motorcycle or other vehicle on any street or public place of the city, except as a danger warning; the creation by means of any such signaling device of any unreasonably loud or harsh sound; and the sounding of any such device for an unnecessary and unreasonable period of time. The use of any signaling device except one operated by hand or electricity; the use of any horn, whistle or other device operated by engine exhaust; and the use of any such signaling device when traffic is, for any reason, held up. (2) Radios and other sound -producing devices emanating from vehicles. The using, operating or permitting to be played, used or operated any radio or audio and visual sound device, or other machine or device for the producing or reproducing of sound in such manner as to disturb the peace, quiet and comfort of the neighboring inhabitants of ordinary sensibilities or at any time with louder volume than is necessary for convenient hearing for the persons of ordinary sensibilities who are in the vehicle in which such machine or device is operated and who are voluntary listeners thereto. The operation of any such set, instrument, phonograph, machine or device in such manner as to be plainly audible at a distance of fifty (50) or more feet from the vehicle in which it is located shall be prima facie evidence of a violation of this section. For the sound to be "plainly audible," words or phrases need not be distinguishable and bass reverberations are sufficient. (3) Loudspeakers, amplifiers for advertising. The using, operating or permitting to be played, used or operated of any radio or television receiving set, musical instrument, phonograph, loudspeaker, sound amplifier or other machine or device for the producing or reproducing of sound which is cast upon the public streets for the purpose of commercial advertising or attracting the attention of the public to any building or structure. (4) Yelling, shouting and other such vocal noises. Yelling, shouting, hooting, whistling or singing on the public streets, particularly between the hours of 11:00 p.m. and 7:00 a.m., or at any time or place so as to annoy or disturb the quiet, comfort or repose of persons in any office, or in any dwelling, hotel or other type of residence, or of any persons of ordinary sensibilities in the vicinity. (5) Animals and birds. The keeping of any animal or bird which by causing frequent or long -continued noise shall disturb the comfort or repose of persons of ordinary sensibilities in the vicinity. (6) Steam whistles. The blowing of any locomotive steam whistle or steam whistle attached to any stationary boiler except to give notice of the time to begin or stop work or as a warning of fire or danger, or upon request of proper city authorities. (7) Exhausts. The discharge into the open air of the exhaust of any steam engine, stationary internal-combustion engine, motorboat or motor vehicle except through a muffler or other device which will effectively prevent loud or explosive noises therefrom. (8) Defect in vehicle or load. The use of any automobile, motorcycle or vehicle so out of repair, or loaded in such manner, as to create loud and unnecessary grating, grinding, rattling or other noise. (9) Loading, unloading, openin boxes. oxes. The creation of a loud and excessive noise in connection with loading or unloading any vehicle or the opening and destruction of bales, boxes, crates and containers. (10) Construction or repairing of buildings. (A) The erection (including excavating), demolition, alteration or repair of any building other than between the hours of 7:00 a.m. and 6:00 p.m. on weekdays, except in case of urgent necessity in the interest of public health and safety, and then only with a permit from the building official, which permit may be granted for a period not to exceed three (3) days or less while the emergency continues and which permit may be renewed for periods of three (3) days or less while the emergency continues. (B) If the building official should determine that the public health and safety will not be impaired by the erection, demolition, alteration or repair of any building or the excavation of streets and highways within the hours of 6:00 p.m. and 7:00 a.m., and if he shall further determine that loss or inconvenience would result to any party in interest, he may grant permission for such work to be done within the hours of 6:00 p.m. and 7:00 a.m., upon application being made at the time the permit for the work is awarded or during the progress of the work. (11) In the vicinity of schools, courts, churches, hospitals. The creation of any excessive noise on any street adjacent to any school, institution of learning, church or court while the same is in use, or adjacent to any hospital, which unreasonably interferes with the workings of such institution, or which disturbs or unduly annoys patients in the hospital, provided conspicuous signs are displayed in such streets indicating that the same is a school, hospital or court street. (12) Hawkers, peddlers. The shouting and crying of peddlers, hawkers and vendors which disturb the peace and quiet of the neighborhood. (13) Drums. The use of any drum or other instrument or device for the purpose of attracting attention by creation of a noise to any performance, show or sale. (14) Metal rails, pillars and columns, transportation thereof. The transportation of rails, pillars or columns of iron, steel or other material, over and along streets and other public places, upon carts, drays, cars, trucks or in any other manner so loaded as to cause loud noises or as to disturb the peace and quiet of persons of ordinary sensibilities in the vicinity of or on such streets or other public places. (15) Pile drivers, hammers and other such appliances. The operation between the hours of 10:00 p.m. and 7:00 a.m., or any time on Sundays, of any pile driver, steam shovel, pneumatic hammer, derrick, steam or electric hoist or other appliance, the use of which is attended by loud or unusual noise. (16) Blowers. The operation of any noise -creating blower or power fan or any internal-combustion engine, the operation of which causes noise due to the explosion of operating gases or fluids, unless the noise from such blower or fan is muffled and such engine is equipped with a muffler device sufficient to deaden such noise. (1958 Code, sec. 22-7; Ordinance 94-32, sec. 1, adopted 6/21/94; 1978 Code, sec. 13-14) Sec.12.08.005 Maximum permissible sound levels. (a) Except as otherwise provided herein by the preceding sections of this article, no person shall conduct, permit, or allow any activity or sound source to produce a sound discernible at any location beyond the property lines of the property on which the sound is being generated that when measured as provided in section 12.08.006 exceeds the applicable dB(A) level listed below for the property on which the sound is received: (1) Residential property: a. 55 dB(A) between 7:00 a.m. to 10:00 p.m. b. 50 dB(A) between 10:00 p.m. to 7:00 a.m. (2) Nonresidential property: a. 70 dB(A) between 7:00 a.m. to 10:00 p.m. b. 65 dB(A) between 10:00 p.m. to 7:00 a.m. The dB(A) levels set forth in this section apply to the property where the sound is being received. Any sound that exceeds the dB(A) levels set forth in this section under the conditions and measurement criteria set forth in this chapter is a violation of this chapter. Evidence that an activity or sound source produces a sound that exceeds the dB(A) levels specified in this section shall be prima facie evidence of a sound nuisance that unreasonably disturbs, injures, or endangers the comfort, repose, health, peace, or safety of others in violation of this chapter. Regardless of the measurable dB(A) level established above and measured as provided in this section the generator of any sound of such a nature as to cause persons of ordinary sensibilities occupying or using any property other than the property upon which the sound is being generated to be aware of sympathetic vibrations or resonance caused by the sound shall also be prima facie evidence of a sound that unreasonably disturbs, injures, or endangers the comfort, repose, health, peace, or safety of others in violation of this chapter. Sec. 12.08.006 — Noise measurement. (a) Any noise measurement made pursuant to the provisions of this article shall be made with a sound level meter which meets the American National Standards Institute's standard. The A -weighted network (scale) at "slow" response shall be used to measure the sound level. (b) No external measurements shall be made during precipitation or if the wind speed exceeds 15 miles per hour. (c) Exterior noise levels shall be measured at the property line of an offended person. Where practical, the microphone shall be positioned four to five feet above the ground and ten feet or more away from any reflective surface. For the purpose of enforcing this article, a measurement period shall be taken over a period of at least 10 minutes. (d) Interior noise levels shall be measured at a point at least four feet from any wall, ceiling or floor. Sec. 12.08.007 Exceptions. The following uses and activities shall be exempt from the noise level regulations herein specified. (a) Noise emanating from a facility on property located within the Light Industrial zoning district is subject to the decibel limits and hours of operation prescribed under Section 28.04.007 (Performance Standards). (b) Noise emanating from a facility on property located within the Heavy Industrial zoning district is subject to the decibel limits and hours of operation prescribed under Section 28.04.007 (Performance Standards). (c) Use of sound equipment at a facility on property located within the Central Business District that produces sound as measured at any point along the property line of the permitted venue not greater than 85 decibels between: 1) 10:00 a.m. and 11:00 p.m. on Sunday through Thursday; or 2) 10:00 a.m. and 12:00 midnight on Friday or Saturday. Chart of Comparable Cities' dB(A) levels: City Residential Non -Residential BEAUMONT Day: 55 Day: 70 Night: 50 Night: 65 Mesquite Day: 62 Day: 67 Night: 52 Night: 62 Houston Day: 65 All Day: 68 Night: 58 Port Arthur Day: 57 Day: 63 Night: 52 Night: 59 Waco Day: 85 All Day: 85 Night: 80 Irving Day: 60 N/A Night: 50 Bedford Day: 55 Day: 62 Night: 50 Day: 57 ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING CHAPTER 12, ARTICLE 12.08, NOISE, OF THE CODE OF ORDINANCES; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL; AND PROVIDING A PENALTY. WHEREAS, the City of Beaumont endeavors to maintain a clear, comprehensible, and cohesive Code of Ordinances; and, WHEREAS, the City is therefore revising its Code to comport with current law and court interpretation; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, Section 1. That Chapter 12, Article 12.08 Noise be and the same is hereby amended to read as follows: ARTICLE 12.08 NOISE Sec. 12.08.001 — Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, unless the context of their usage clearly indicates another meaning: dB(A) shall mean the intensity of a sound expressed in decibels read from a calibrated sound level meter utilizing the A-level weighting scale and the slow meter response, as specified by the applicable publications of the American National Standards Institute or its successor body. Nonresidential property shall mean any real property within the limits of the city which is not included in the definition of residential property as defined in this section. Person shall mean any individual, association, partnership or corporation. Property line shall mean the line along the ground surface, and its vertical extension, which separates the real property owned, leased or occupied by one person from that owned, leased, or occupied by any other person and the imaginary line which represents the legal limits of property of any person who owns, leases or otherwise occupies an apartment, condominium, hotel or motel room, office, or any other type of occupancy. Residential property shall mean any real property developed and used for human habitation and which contains living facilities, including provisions for sleeping, eating, cooking and sanitation, unless such premises are actually occupied and used primarily for purposes other than human habitation. Sound nuisance shall mean any sound which either exceeds the maximum permitted sound levels specified in section 12.08.005 or otherwise unreasonably disturbs, injures or endangers the comfort, repose, health, peace or safety of persons with ordinary sensibilities within the limits of the city. Sec. 12.08.002 Declaration of findings The making, creation or maintenance of such loud, unnecessary, unnatural or unusual noises which are prolonged, unusual and unnatural in their time, place and use, affect and are a detriment to public health, comfort, convenience, safety, welfare and prosperity of the residents of the city, and the necessity in the public interest for the provisions and prohibitions hereinafter contained and enacted is declared as a matter of legislative determination and public policy, and it is further declared that the provisions and prohibitions contained in sections 12.08.003 and 12.08.004 are in pursuance of and for the purpose of securing and promoting the public health, comfort, convenience, safety, welfare and prosperity and the peace and quiet of the city and its inhabitants. (1958 Code, sec. 22-5; 1978 Code, sec. 13-12) Sec. 12.08.003 Causing prohibited It shall be unlawful and constitute the creation and/or maintenance of a public nuisance for any person to make, continue or cause to be made or continued any loud, unnecessary or unusual noise or any noise which either annoys, disturbs, injures or endangers the comfort, repose, health, peace or safety of others, within the limits of the city. A noise does not have to exceed the maximum permissible sound levels contained in Section 12.08.005 in order to constitute a violation of this article if such noise disturbs the peace, quiet and comfort of a person of ordinary sensibilities. (1958 Code, sec. 22-6; 1978 Code, sec. 13-13) Sec. 12.08.004 Acts or conditions prohibited The following acts, among others, are declared to be loud, disturbing and unnecessary noises in violation of this code, but said enumeration shall not be deemed to be exclusive, namely: (1) Horns, signaling devices. The sounding of any horn or signaling device of any automobile, motorcycle or other vehicle on any street or public place of the city, except as a danger warning; the creation by means of any such signaling device of any unreasonably loud or harsh sound; and the sounding of any such device for an unnecessary and unreasonable period of time. The use of any signaling device except one operated by hand or electricity; the use of any horn, whistle or other device operated by engine exhaust; and the use of any such signaling device when traffic is, for any reason, held up. (2) Radios and other sound -producing devices emanating from vehicles. The using, operating or permitting to be played, used or operated any radio or audio and visual sound device, or other machine or device for the producing or reproducing of sound in such manner as to disturb the peace, quiet and comfort of the neighboring inhabitants of ordinary sensibilities or at any time with louder volume than is necessary for convenient hearing for the persons of ordinary sensibilities who are in the vehicle in which such machine or device is operated and who are voluntary listeners thereto. The operation of any such set, instrument, phonograph, machine or device in such manner as to be plainly audible at a distance of fifty (50) or more feet from the vehicle in which it is located shall be prima facie evidence of a violation of this section. For the sound to be "plainly audible," words or phrases need not be distinguishable and bass reverberations are sufficient. (3) Loudspeakers, amplifiers for advertising. The using, operating or permitting to be played, used or operated of any radio or television receiving set, musical instrument, phonograph, loudspeaker, sound amplifier or other machine or device for the producing or reproducing of sound which is cast upon the public streets for the purpose of commercial advertising or attracting the attention of the public to any building or structure. (4) Yelling, shouting and other such vocal noises. Yelling, shouting, hooting, whistling or singing on the public streets, particularly between the hours of 11:00 p.m. and 7:00 a.m., or at any time or place so as to annoy or disturb the quiet, comfort or repose of persons in any office, or in any dwelling, hotel or other type of residence, or of any persons of ordinary sensibilities in the vicinity. (5) Animals and birds. The keeping of any animal or bird which by causing frequent or long -continued noise shall disturb the comfort or repose of persons of ordinary sensibilities in the vicinity. (6) Steam whistles. The blowing of any locomotive steam whistle or steam whistle attached to any stationary boiler except to give notice of the time to begin or stop work or as a warning of fire or danger, or upon request of proper city authorities. (7) Exhausts. The discharge into the open air of the exhaust of any steam engine, stationary internal-combustion engine, motorboat or motor vehicle except through a muffler or other device which will effectively prevent loud or explosive noises therefrom. (8) Defect in vehicle or load. The use of any automobile, motorcycle or vehicle so out of repair, or loaded in such manner, as to create loud and unnecessary grating, grinding, rattling or other noise. (9) Loading, unloading, opening boxes. The creation of a loud and excessive noise in connection with loading or unloading any vehicle or the opening and destruction of bales, boxes, crates and containers. (10) Construction or repairing of buildings. (A) The erection (including excavating), demolition, alteration or repair of any building other than between the hours of 7:00 a.m. and 6:00 p.m. on weekdays, except in case of urgent necessity in the interest of public health and safety, and then only with a permit from the building official, which permit may be granted for a period not to exceed three (3) days or less while the emergency continues and which permit may be renewed for periods of three (3) days or less while the emergency continues. (B) If the building official should determine that the public health and safety will not be impaired by the erection, demolition, alteration or repair of any building or the excavation of streets and highways within the hours of 6:00 p.m. and 7:00 a.m., and if he shall further determine that loss or inconvenience would result to any party in interest, he may grant permission for such work to be done within the hours of 6:00 p.m. and 7:00 a.m., upon application being made at the time the permit for the work is awarded or during the progress of the work. (11) In the vicinity of schools, courts, churches, hospitals. The creation of any excessive noise on any street adjacent to any school, institution of learning, church or court while the same is in use, or adjacent to any hospital, which unreasonably interferes with the workings of such institution, or which disturbs or unduly annoys patients in the hospital, provided conspicuous signs are displayed in such streets indicating that the same is a school, hospital or court street. (12) Hawkers, peddlers. The shouting and crying of peddlers, hawkers and vendors which disturb the peace and quiet of the neighborhood. (13) Drums. The use of any drum or other instrument or device for the purpose of attracting attention by creation of a noise to any performance, show or sale. (14) Metal rails, pillars and columns, transportation thereof. The transportation of rails, pillars or columns of iron, steel or other material, over and along streets and other public places, upon carts, drays, cars, trucks or in any other manner so loaded as to cause loud noises or as to disturb the peace and quiet of persons of ordinary sensibilities in the vicinity of or on such.streets or other public places. (15) Pile drivers, hammers and other such appliances. The operation between the hours of 10:00 p.m. and 7:00 a.m., or anytime on Sundays, of any pile driver, steam shovel, pneumatic hammer, derrick, steam or electric hoist or other appliance, the use of which is attended by loud or unusual noise. (16) Blowers. The operation of any noise -creating blower or power fan or any internal-combustion engine, the operation of which causes noise due to the explosion of operating gases or fluids, unless the noise from such blower or fan is muffled and such engine is equipped with a muffler device sufficient to deaden such noise. (1958 Code, sec. 22-7; Ordinance 94-32, sec. 1, adopted 6/21/94; 1978 Code, sec. 13-14) Sec. 12.08.005 Maximum permissible sound levels. (a) Except as otherwise provided herein by the preceding sections of this article, no person shall conduct, permit, or allow any activity or sound source to produce a sound discernible at any location beyond the property lines of the property on which the sound is being generated that when measured as provided in section 12.08.006 exceeds the applicable dB(A) level listed below for the property on which the sound is received: (1) Residential property: a. 55 dB(A) between 7:00 a.m. to 10:00 p.m. b. 50 dB(A) between 10:00 p.m. to 7:00 a.m. (2) Nonresidential property: a. 70 dB(A) between 7:00 a.m. to 10:00 p.m. b. 65 dB(A) between 10:00 p.m. to 7:00 a.m. The dB(A) levels set forth in this section apply to the property where the sound is being received. Any sound that exceeds the dB(A) levels set forth in this section under the conditions and measurement criteria set forth in this chapter is a violation of this chapter. Evidence that an activity or sound source produces a sound that exceeds the dB(A) levels specified in this section shall be prima facie evidence of a sound nuisance that unreasonably disturbs, injures, or endangers the comfort, repose, health, peace, or safety of others in violation of this chapter. Regardless of the measurable dB(A) level established above and measured as provided in this section the generator of any sound of such a nature as to cause persons of ordinary sensibilities occupying or using any property other than the property upon which the sound is being generated to be aware of sympathetic vibrations or resonance caused by the sound shall also be prima facie evidence of a sound that unreasonably disturbs, injures, or endangers the comfort, repose, health, peace, or safety of others in violation of this chapter. Sec. 12.08.006 — Noise measurement. (a) Any noise measurement made pursuant to the provisions of this article shall be made with a sound level meter which meets the American National Standards Institute's standard. The A -weighted network (scale) at "slow" response shall be used to measure the sound level. (b) No external measurements shall be made during precipitation or if the wind speed exceeds 15 miles per hour. (c) Exterior noise levels shall be measured at the property line of an offended person. Where practical, the microphone shall be positioned four to five feet above the ground and ten feet or more away from any reflective surface. For the purpose of enforcing this article, a measurement period shall be taken over a period of at least 10 minutes. (d) Interior noise levels shall be measured at a point at least four feet from any wall, ceiling or floor. Sec. 12.08.007 Exceptions. The following uses and activities shall be exempt from the noise level regulations herein specified. (a) Noise emanating from a facility on property located within the Light Industrial zoning district is subject to the decibel limits and hours of operation prescribed under Section 28.04.007 (Perfonnance Standards). (b) Noise emanating from a facility on property located within the Heavy Industrial zoning district is subject to the decibel limits and hours of operation prescribed under Section 28.04.007 (Performance Standards). (c) Use of sound equipment at a facility on property located within the Central Business District that produces sound as measured at any point along the property line of the permitted venue not greater than 85 decibels between: 1) 10:00 a.m. and 11:00 p.m. on Sunday through Thursday; or 2) 10:00 a.m. and 12:00 midnight on Friday or Saturday. Section 2. 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. Section 3. That all ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only. Section 4. That any person who violates any provision of this ordinance shall, upon conviction be punished, as provided in Section 1-8 of the Code of Ordinances of Beaumont, Texas. PASSED BY THE CITY COUNCIL of the City of Beaumont on this the 8th day of March, 2011. - Mayor Becky Ames -