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HomeMy WebLinkAboutPACKET DEC 06 2011 (Pages 150-186)WHEREAS, Change Order No. 5 in the amount of $62,461 is required to adjust quantities actually used during the performance of the project, thereby increasing the contract to $9,785,282.83; and, 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. 5 for additional work described above, thereby increasing the contract amount by $62,461, for a total contract amount of $9,785,282.83; and, BE IT FURTHER RESOLVED that the City Manager is hereby authorized to make final payment in the amount of $508,264.13 to Brystar Contracting, Inc., for the Downtown Brick Paved Sidewalks and Drainage Improvements Project (Park from Crockett to College, Neches from Liberty to College, North Pearl from Calder to North Street, College from Neches to Pearl, Wall from Neches to Orleans, Forsythe from Neches to Pearl, Fannin from Neches to Orleans, Bowie from Neches to Pearl, Liberty from Magnolia to Pearl, and Broadway from Magnolia to Pearl). PASSED BY THE CITY COUNCIL of the City of Beaumont this the 6th day of December, 2011. - Mayor Becky Ames - E December 6, 2011 Consider authorizing the use of eminent domain proceedings to condemn properties for the Concord Road Pavement Widening Project located at 5170 Concord, 4495 Treadway, 5850 Eastex Freeway and 5852-5896 Eastex Freeway RICH WITH OPPORTUNITY BEAU,MON* T• E• B• A• S TO: City Council Agenda Items City Council FROM: Kyle Hayes, City Manager 9.0 PREPARED BY: Patrick Donart, Public Works Director MEETING DATE: December 6, 2011 REQUESTED ACTION: Council consider a resolution authorizing eminent domain proceedings to acquire properties for the Concord Road Pavement Widening Project. RECOMMENDATION As part of the Concord Road Pavement Widening Project, approximately sixty-two (62) parcels of land from East Lucas to Highway 105 needed to be acquired. The property owners listed below have refused to accept the appraised value for their property. All properties were re- appraised by Bishop Real Estate Appraisers with no changes to the value: 1) 0.0259 acre out of Lot 27, Block 3, French Heights Addition Address: 5170 Concord (Parcel 13) Owner: Paula K. Doyle Appraised Value: $4,995.00 2) 0.1773 acre situated in F. Bigner Survey, Abstract No. 1 Address: 4495 Treadway (Parcel 35) Owner: Kevin James Wilson Appraised Value: $11,000.00 3) 0.1467 acre situated in F. Bigner Survey, Abstract No. 1 Address: 5850 Eastex Freeway (Parcel 42) Owner: Target Appraised Value: $57,000.00 4) 0.2385 acre situated in F. Bigner Survey, Abstract No. Address: 5852 - 5896 Eastex Freeway (Parcel 47) Owner: Eastex Ventures #6050 Appraised Value: $123,100.00 BACKGROUND Senate Bill 18 (SB 18) was passed into law during the Texas 82"d Regular Legislative Session and became effective September 01, 2011. SB 18 amends Texas law with the stated purpose of making the eminent domain process fairer for property owners. It is necessary for the City of Beaumont to amend Resolution No. 11-173 approved on June 21, 2011 and Resolution No. I I - 205 passed on July 26, 2011 to comply with Senate Bill 18 as it relates to revisions of the Texas Property Code. In order to initiate the acquisition of this property by eminent domain, the City Council must authorize the acquisition at a public meeting by record vote. The motion authorizing the condemnation proceeding should be made similar to the following: "I move that the City Council for the City of Beaumont authorize the use of the power of eminent domain to acquire property located at 5170 Concord, 4495 Treadway, 5850 Eastex Freeway and 5852 -58% Eastex Freeway for the public purpose of locating, constructing, widening and maintaining Concord Road in Beaumont, Texas." As part of the Concord Road Pavement Widening Project, these four (4) parcels need to be acquired. BUDGETARY IMPACT Funds are available in the Capital Program. RESOLUTION NO. WHEREAS, the City Council of the City of Beaumont deems it necessary that the properties described below be acquired for the Concord Road Pavement Widening Project; and, WHEREAS, the City Council has found that a public necessity exists requiring the hereinafter described properties: 0.0259 acre out of Lot 27, Block 3, French Heights Addition Address: 5170 Concord Parcel No.: #13 Appraised Value: $4,995.00 Owner: Paula K. Doyle 0.1773 acre situated in F. Bigner Survey, Abstract No. 1 Address: 4495 Treadway Parcel No.: #35 Appraised Value $11,000.00 Owner: Kevin James Wilson 0.1467 acre situated in F. Bigner Survey, Abstract No. 1 Address: 5850 Eastex Freeway Parcel No.: #42 Appraised Value: $57,000.00 Owner: Target 0.2385 acre situated in F. Bigner Survey, Abstract No. 1 Address: 5852-5896 Eastex Freeway Parcel No.: #47 Appraised Value: $123,100.00 Owner: Eastex Ventures #6050 ; and, WHEREAS, the City Council deems it necessary to acquire the hereinafter described interests in and to the above described properties for the Concord Road Pavement Widening Project and has found and determined that said interests in and to the above described land is suited for such uses and that it is necessary to acquire same for said uses by the use of the power of Eminent Domain; and, WHEREAS, the City of Beaumont, through its duly authorized representatives, has negotiated in good faith with the owners of the hereinafter above described land and has been unable to agree with the owners of such property as to the fair market value thereof and damages, if any, and further negotiations for settlement have become futile and impossible; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT the City Attorney be and he is hereby authorized and directed to file or cause to be filed against all owners of the above described parcels of land, and all claimants of any interest therein, proceedings in Eminent Domain to acquire fee simple title in and to the said parcels of land shown in Exhibit "A," attached hereto and made a part hereof, the parcels of land being situated in Beaumont, Jefferson County, Texas for the public use of locating, constructing, widening and maintaining Concord Road, a street in Beaumont, Jefferson County, Texas. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 6th day of December, 2011. - Mayor Becky Ames - I April 2009 Parcel 13 Page 1 of 4 EXHIBIT — County: Jefferson Highway: Concord Road Project Limits: East Lucas to US 96, 69, 287 PROPERTY DESCRIPTION FOR PARCEL 13 Being a 0.0259 acre (1,130 square feet) of land, situated in the A. Williams League, Abstract No. 385, and being out of and part of Lot 27, Block 3 of the French Heights Subdivision recorded in Volume 6, Page 61 of the Map Records of Jefferson County, Texas, also being out of and part that certain tract of land having been conveyed to Donald I. Nelson and Paula K. Doyle from Theda M. Simmons by deed dated February 26, 1997 recorded under Clerk's File No. 9705170 of the Real Property Records of Jefferson County, Texas, said 0.0259 acre (1,130 square feet) of land being more particularly described as follows; COMMENCING at a 5/8" iron rod found for the North corner of that certain called 0.919 acre tract of land having been conveyed to Ann Marie Medina from Michael Wirfs and Susan Wirfs by deed dated February 8, 2007 recorded under Clerk's File No. 2007005515 of the Real Property Records of Jefferson County, Texas; THENCE, SOUTH 35°3712" WEST along the Northwesterly line of the said 0.919 acre Medina tract and the Southeasterly line of that certain tract of land having been conveyed to Mike Taweel and wife, Eula Lee Taweel from L. O. Roedahl by deed dated January 18, 1954 recorded under Volume 921 page 513 of the Deed Records of Jefferson County, Texas for a distance of 190.54 feet to a 5/8" iron rod with cap stamped "City of Beaumont ROW Monument" set for corner in the proposed Northeasterly right-of-way line of Concord Road; THENCE, SOUTH 54°30'26" EAST, along the proposed Northeasterly right-of-way line of Concord Road for a distance of 200:42 feet to a 5/8" iron rod with cap stamped "City of Beaumont ROW Monument" set for comer in the proposed Northeasterly right-of-way line of Concord Road, said point being in the Southeasterly line of the said 0.919 acre Medina tract and in the Northwesterly line of that certain tract of land having been conveyed to Luther Gary Simmons and Elizabeth Louise Simmons from Theda M. Simmons by deed dated July 28, 2006 recorded under Clerk's File No. 2006029217 of the Real Property Records of Jefferson County, Texas; THENCE, SOUTH 54°30'26" EAST, continuing along the proposed Northeasterly right-of-way line of Concord Road for a distance of 86.22 feet to a 5/8" iron rod with cap stamped "City of Beaumont ROW Monument" set for comer in the proposed Northeasterly right-of-way line of Concord Road, and the POINT OF BEGINNING of the parcel herein described, said point being in the Southeasterly line of the said Simmons tract and in the Northwesterly line of the said Nelson et al tract; EXHIBIT "A" April 2009 Parcel 13 Page 2 of 4 EXHIBIT — 1) THENCE, SOUTH 54°30'26" EAST continuing along the proposed Northeasterly right-of-way line of Concord Road for a distance of 113.91 feet to a 5/8" iron rod with cap stamped "City of Beaumont ROW Monument" set for corner in the proposed Northeasterly right-of-way line of Concord- Road, said point being in the Southeast line of the said Nelson et al tract and in the Northwest line of that certain tract of land being identified as Tract One having been conveyed to L H & P Ltd. from Theco Ltd. by deed dated March 19, 2003 recorded under Clerk's File No. 2003010133 of the Real Property Records of Jefferson County, Texas; 2) THENCE, SOUTH 35031'05" WEST, along Southeast line of the said Nelson et al tract and the Northwest line of said L H & P tract for a distance of 9.86 feet to a point for corner in the existing Northeast right-of-way line of Concord Road, said point being the most Southerly corner of the said Nelson et al tract and the most Westerly corner of the said L H & P tract, and from said point a 112" iron pipe found bears NORTH 35031'05" EAST a distance of 0.34 feet; 3) THENCE, NORTH 54033'44" WEST, along the existing Northeast right-of-way line of Concord Road for a distance of 113.90 feet to a point for comer, said point being the most Westerly comer of the said Nelson et al tract and said point being the most Southerly corner of the said Simmons tract, and from said point a 1/2" iron rod found in concrete bears NORTH 35029'48" EAST a distance of 0.46 feet; 4) THENCE, NORTH 35029'48" EAST, along the Southeasterly line of the said Simmons tract and along the Northwest line of the said Nelson et al tract for a distance of 9.97 feet to the POINT OF BEGINNING and containing 0.0259 acre (1,130 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 yi GIVEN UNDER MY HAND AND SEAL THIS THE'1� DAY OF APRIL 2009. �•;`sTF rF Co Mark W. Whiteley, RPLS #3636 ' TELFE- ��'�J-,rO36 a :t1, , "°. LEGEND ■ SET 5/8' 1. R. WITH CAP STAMPED 'CITY OF BEAUMONT ROW MONUMENT' 0 TXDOT CONTROL MONUMENT xz PARCEL NUMBER 0 FND PROPERTY CORNER AS NOTED A. WILLIAMS SURVEY POWER POLE ABSTRACT NO. 385 PROPOSED ROW LINE EXISTING ROW LINE PROPERTY LINE SURVEY LINE r'n[INTY I TNF P.O.C. PAR 13 FND 5/8' L ROD CALLED 0.919 ACRES ANN MARIE MEDIA44 FEBRL441?Y 8, 2007 CF NO. 2007005515 OPRJC L H do P LID. MARCH 19, 2003 . CF NO. 2003010133 OPRJC DONALD I. NELSON, et of FEBRUARY 26, 1997 CF NO. 9705170 OPRJC PAR 13 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.* 0Fw� .......... M. W p ww4w a ww, e• T (� MARK W. WHITELEY AND ASSOCIATES INCORPORATED CONSULTING ENGINEERS, SURVEYORS, AND PLANNERS S 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 0. 6804 PARCEL 13, 0. 0259/(1130) 0. 6545 0 o z O Z) N O _j 000 ¢ z Q C" o a- O O f-- m �+-� M E--4O CO a:CL � _rn ck� =ONO O� O O �„� r–I LL- LL- .Lp C3 Z + O O O •W Lr)O ^ F-�-i w O J Q U -,D\ N C.� Z �OW t 7 z� M w ! Z _ ,tb£'09Z M„ S0, l F.M o `n (,00'092) Q.., C) II o A-' 0 Ln OppU o o O W wN0)� O �:. Z W J d .- _ Z >- a w O d U U �t Z < Q\ I— N Lo QmU N O rl) .� M m O� (,00'092) O ° C to Z + a .— ,9t'09Z 3u81b,6Z.WN C° X 27 Z CNcq zooN v zw O mN� Cn al.. � N O CN O I ll N c, z (�L/ . c7�Z L � U d J (/) Z m U a z w�� CY) zll� C� LL- N U CO Ud (nLLJLO O F- LO L W Cl O�ZoLn Q� (No z (� '�' 000�U o - -� w cn 'T o LLJ C:) � m d �of C'4 << O w W .p s W p�LLJ �p N O Li � ;t C) ? Lr) CIO O :V- M -JZcnz QQLLLJ o I� It F— Z z O _ Ln2= N �� a- m�LO aog � v,z d �o (.D Z IF-= p f) n Z ,VS'06l W I N June 2009 Parcel 35 Page 1 of 5 EXHIBIT _ County: Jefferson Highway: Concord Road Project Limits: East Lucas to US 96, 69, 287 PROPERTY DESCRIPTION FOR PARCEL 35 Being a 0.1773 acre (7,725 square feet) of land, situated in the F. Bigner Survey, Abstract No. 1, and being out of and part of that certain called 4.413 acre tract of land having been conveyed to Kevin James Wilson from Erwin Leblanc by deed dated November 13, 1995 and being record under Clerk's File No. 9533459 of the Real Property Records of Jefferson County, Texas, said 0.1773 (7,725 square feet) acre of land being more particularly described as follows; COMMENCING at a 2" iron pipe found for the Southeast comer of the said 4.413 acre Wilson tract and being in the West right-of-way line of Treadway Road; THENCE, NORTH 12°24'04" EAST, along the West right-of-way line of Treadway Road for a distance of 238.62 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 and 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 1190.00 feet and being subtended by a chord bearing NORTH 72012'33" WEST having a chord length of 323.97 feet; 1) THENCE NORTHWESTERLY, along and with said curve for an arc length of 324.98 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, 2) THENCE, NORTH 80001'58" WEST, along the proposed Southwest right-of-way line of Concord Road for a distance of 147.35 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 comer also being the beginning of a curve turning to the right having a radius of 1050.00 feet and being subtended by a chord bearing NORTH 7705359" WEST having a chord length of 78.16 feet; 3) THENCE NORTHWESTERLY, along and with said curve for an arc length of 78.18 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 point being in the West line of the said 4.413 acre Wilson tract and in the East line of that certain called 0.5357 acre tract of land, also being identified as Tract No. 2, having been conveyed to the The Tucker Family Limited Partnership from Martha L. Tucker by deed dated September 3, 1993 and being recorded under Film Code No. 105-03- 0899 of the Real Property Records of Jefferson County, Texas; June 2009 Parcel 35 Page 2 of 5 Iw:II3" 4) THENCE, NORTH 07°59'14" EAST, along the boundary line between the said 0.5357 acre The Tucker Family Limited Partnership tract and the said 4.413 acre Wilson tract for a distance of 15.72 feet to a point for comer in the existing Southwest right-of-way line of Concord Road, said comer also being the beginning of a curve turning to the left having a radius of 1175.92 feet and being subtended by a chord bearing SOUTH 78042'23" EAST having a chord length of 114.57 feet; 5) THENCE SOUTHEASTERLY, along and with said curve for an arc length of 114.61 feet to a point for corner in the existing Southwest right-of-way line of Concord Road; 6) THENCE, SOUTH 81029'55" EAST, along the existing Southwest right-of-way line of Concord Road for a distance of 42.19 feet to a point for comer, said corner also being the beginning of a curve turning to the right having a radius of 1243.24 feet and being subtended by a chord bearing SOUTH 72°22'43" EAST having a chord length of 394.12 feet; 7) THENCE SOUTHEASTERLY, along and with said curve for an arc length of 395.79 feet to a point for comer, said comer being the Northeast comer of the said 4.413 acre Wilson tract, and being in the West right-of-way line of Treadway Road; 8) THENCE, SOUTH 12024'04" WEST, along the West right-of-way line of Treadway Road for a distance of 8.66 feet to the POINT OF BEGINNING and containing 0.1773 acre (7,725 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 DAY OF JUNE 2009. aAW Mark W. Whiteley, RPLS #3636 - J -'a 3636 �: Q j-9"• �O^ ESS�� "� LEGEND ■ 0 0 SET 5/8' I.R. WITH CAP STAMPED 'CITY OF BEAUMONT RDW MONUMENT' TXDOT CONTROL MONUMENT PARCEL NUMBER F"ND PROPERTY CORNER AS NOTED POWER POLE PROPOSED ROW LINE EXISTING ROW LINE PROPERTY LINE - - SURVEY LINE COUNTY LINE CALLED 0.5357 ACRES TRACT NO. 2 THE TUCKER FAMILY LIMIIED PARTNERSHIP SEPTEMBER 3, 1993 FC NO. 105-03-0899 OPRJC F. BIGNER SURVEY ABSTRACT NO. 1 PARENT TRACT N.T.S. CONCORD ROAD CALLED 4.413 ACRES KEVIN JAMES WILSON NOVEMBER 13, 1995 CF NO. 9533459 OPRJC P.O.0 PARCEL FND. 2" 1. P 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 T141S 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) 409-692-1346 P.O.B. PARCEL 35 EXISTING TAKING REMAINING ACRES ACRES S.F. ACRES 4. 4130.1773/(7725) PARCEL 35, 0. 1773/( 7725) 4, 2357 00 116 coLLJZ >- z rn o z D M o,ao_�r Q: c.), N_�--3- O (,:O,�N � cu -F.- �, � U', a-�--Co -S II Q Z�N LLJ LLo Z w B� Q N W Z �-.a ) ,t � V) = z z J o Q, o to LLJa D O Of Q m z "D a o II LLJ J h o W+ 0 Q d O U W O F-- _ = m U o O O V) .w cl� LLJ a' a 0 O z a J C9 w Z. q- �o O Q 00 r - r O W Ln 00 0 co N Z LLJ OLOU,) cn c) U M -nV zzQ �M�� W m M Q-aj}Z M � N O J �zu U N o . N ONN QW D— D— V Y U Z V) - S O H z Z W W � J O1 ZC6 0r,04 Q� w�7 O (U Lq V) 0 J Ln o D U M M Oo + + o 0 O O Z J 00 O) E N 0) rl v: Lci W w N OA mV) QMH O 4 W ? N 'cn J 0-1 "cp D^� s 9 133HS 33S — 3NI� HOiVVI „trO,sc.SO 3„ CZ,Zb.9LS LS'ti L L L9' -b l l Z6'SL l l 5�0 „ LS,S L .t0 M„69,MLLN ,9 L'8L 8 L'8L 00-090L ZO 31ONV 41130 ONi?jv38 (180HO HlON31 080HO HlON31 088 SnlMl 3A8n0 t, 133HS 33S — 3NI� H CIA A Z 0 O O Of D O N W� U W Z Z O :D Ln �--� Ce) LU O Q J rn d' W Q, W O Z _ co- 60 wow W V)� �U) o \ 6 F c O - U Z W J O U Q U N CIA A 00 Of �1 0 W� S 0.� LU O Q J rn d' 0-2- ,��, _o O 3rnMU _ co- 60 O 00 Og>ZO \ 6 F l 0, O� p ” Y U v Op 0 a ,� 00-1 CIA A 00 Of �1 0 W� 0.� 0-2- O O t.C) _ O L 6 F l tI r� F- O- OD O + O, (U o OD 't OM m V) w Poo-) Of U>-olO Q -i Ln n U- Lq � WC) O Ym-O LLJ�� Z w (/) U LL- W N U I, H � N O w Z� W O mz w Z J J June 2009 Parcel 42 Page 1 of 5 EXHIBIT _ County: Jefferson Highway: Concord Road Project Limits: East Lucas to US 96, 69, 287 PROPERTY DESCRIPTION FOR PARCEL 42 Being a 0.1467 acre (6,392 square feet) of land, situated in the F. Bigner Survey, Abstract No. 1, out of and part of that certain called 7.7982 acre tract of land from the Amended Final Plat of Target Subdivision for Target Stores by plat dated June 11, 1981 and being recorded under Volume 14 Page 78 of the Map Records of Jefferson County, Texas, said 0.1467 (6,392 square feet) acre of land being more particularly described as follows; COMMENCING at a 1/2 iron rod found for the South comer of the said 7.7982 acre Target Stores tract, and being in the Northeasterly right-of-way line of U.S. Highway 69, 96, & 287; THENCE, NORTH 46°37'08" EAST along the Northeast right-of-way line of U.S. Highway 69, 96, & 287 for a distance of 49.82 feet to a fence post found for comer, said point being the Southwest comer of that certain called 4.0 acre tract of land, also being identified as Tract 4, having been conveyed to the Tucker Family Limited Partnership from Martha L. Tucker by deed dated September 3, 1993 and being recorded under Film Code No. 105-03-0899 of the Real Property Records of Jefferson County, Texas, save and except that certain called 1.753 acre tract of land being described in said deed; THENCE, NORTH 26°28'40" EAST, along the Southeast boundary line of the said 7.7982 acre Target Stores tract for a distance of 624.01 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 and the POINT OF BEGINNING of the parcel herein described; 1) THENCE, NORTH 62003'58" WEST, along the existing Southwest right-of-way line of Concord Road for a distance of 613.15 feet to a "PK" nail set for comer in the proposed Southwest right-of-way line of Concord Road, said point being in the most Northerly Northwest line of the said 7.7982 acre Target Stores tract and being in the most Northerly Southeast line of that certain called 11.8700 acre tract of land from the Amended Final Plat of the Weingarten -Target for Eastex Venture by plat dated September 2, 1982 and being recorded under Volume 14 Page 111 of the Map Records of Jefferson County, Texas; June 2009 Parcel 42 Page 2 of 5 EXHIBIT _ 2) THENCE, NORTH 27°5748" EAST along the boundary line of the said 7.7982 acre Target Stores tract and the said 11.8700 acre Eastex Venture tract for a distance of 10.37 feet to a "pk" nail found in asphalt for comer in the existing Southwest right-of- way line of Concord Road, said comer being the most Northerly comer of the said 7.7982 acre Target Stores tract and being the most Northeasterly comer of the said 11.8700 acre Eastex Venture tract; 3) THENCE, SOUTH 62004'38" EAST, along the existing Southeast right-of-way line of Concord Road for a distance of 612.88 feet to a 5/8" iron rod found for comer, said comer being the East comer of the said 7.7982 acre Target Stores tract and being the North comer of that certain tract of land being out of and part of that certain called 4.0 acre tract of land having been conveyed to the Martha Tucker from Gordon R. Tucker by deed dated June 23, 1975 and being recorded under Volume 1884 Page 207 of the Deed Records of Jefferson County, Texas, the same being that certain called 1.753 acre tract of land being described as a save and except tract by deed being recorded under Film Code No. 105-03-0899 of the Real Property Records of Jefferson County, Texas; 4) THENCE, SOUTH 26031'07" WEST, along the boundary line between the said 7.7982 acre Target Stores tract and the said Martha Tucker tract for a distance of 10.49 feet to the POINT OF BEGINNING and containing 0.1467 acre (6,392 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 comers are truly shown just as found at the time of the survey. Surveyed February 2009 A r GIVEN UNDER MY HAND AND SEAL THIS THEZ.I� DAY OF JUNE 2009. OF 9 Fi co ¢ ° 'N. ...1+W.®tJl�?iWl;LEY Mark W. Whiteley, RPLS #3636 •..`....•. -•. .� U LEGEND ■ O 0 SET 5/8' I.R. WITH CAP STAMPED 'CITY OF BEAUMONT ROW MONUMENT" TXD❑T CONTROL MONUMENT PARCEL NUMBER FND PROPERTY CORNER AS NOTED PARENT TRACT POWER POLE N.T.S. PROPOSED ROW LINE EXISTING ROW LINE PROPERTY LINE - - SURVEY LINE COUNTY LINE CALLED 11.8700 ACRES WEING4RTEN-TARGET SEPTEMBER 2,1982 VOL. 14 PG. 111 MRJC F. BIGNER SURVEY ABSTRACT NO. 1 CONCORD ROAD P.O.B. -/ PARCEL 42 CALLED 7.7982 ACRES TARGET SUBOMSION JUNE 11, 1981 VOL. 14 PG. 78 MRJC P.O.0 PARCEL 42 FND. 1/2" I. ROD 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 MARK W. WHITELEY AND ASSOCIATES INCORPORATED CONSULTING ENGINEERS, SURVEYORS, AND PLANNERS EXISTING TAKING REMAINING ACRES ACRES S.F. ACRES 7. 79820.1467/(6392) PARCEL 42, 0. 1467/( 6392) 7, 6515 P. 0. BOX 5492 3250 EASTEX FRWY. BEAUMONT, TEXAS 77726-5492 BEAUMONT, TEXAS 77703 S( 409-892-0421 (FAX) 409-892-1348 i 00 MW9 3u0t,BZ.9ZN Z86� 3.90 � o �,Q W jj'9pN o C-) c) w Q �N z z a O -� � � � LO rM-i CNi tJ4 UJ o a '� Li- 'L + a 01 a w O 000011,D `r—ao a �� z 0.4 -' �r o a Z" WoU w c5 = o w �Ln ON aoLn O � CN 0 Q z w 00 Ov N NN � L� cu (` ) [�0 ,,0 w z = O O w 3 a ;0- 00 a 0 w OD 00 N N 25—U 400 Z I Ln O rn m — � O (n N (U pLLJ wZJ� m N Z JQ�� U �i O w L o O �a o coo O m �� a0 O J �d Z o n V) W �. Q W n 0 _ m mN w p z (7 w Z V) N O V) a O w � Z J J 69'1,1 9 133HS 33S - 3NI-1 HOiVV4 z O 0 D N O U W z z D EO Qi a-, LO LL.a LL L`- O w O ZW WOU w TZ LLJ �V)� o oLn o U W O Q -V 133HS 33S — 3N13 HDiVV4 N z 0 lL'6l OJ WCl Z O J LLJ 00 oo +(A M CU (-i� Z 0)o�� o O a w N w 3 >rn N o— c3 0 4D pop °' L Q J� O O 0i QCD w Z Q <~ �O Wim LO ES O 4 Q + Z O OU 0U wZ OLO CD u 3 Z �- �co l7 QN m N Q Z O Z �W w Z N CK woNo— O J W U cDrn.- ary-� m Q C:) ZNC� LV 00 Ljw CK J Q �m�� J (n Q � C7WJ Z F- OwZIp d J WW7 (n O Q 3 cn X U w a June 2009 Parcel 47 Page 1 of 6 EXHIBIT County: Jefferson Highway: Concord Road Project Limits: East Lucas to US 96, 69, 287 PROPERTY DESCRIPTION FOR PARCEL 47 Being a 0.2385 acre (10,390 square feet) of land, situated in the F. Bigner Survey, Abstract No. 1, out of and part of that certain called 11.8700 acre tract of land from the Amended Final Plat of the Weingarten -Target for Eastex Venture by plat dated September 2, 1982 and being recorded under Volume 14 Page 111 of the Map Records of Jefferson County, Texas, said 0.2385 (10-,390 square feet) acre of land being more particularly described as follows; COMMENCING at a iron rod with cap stamped "Carter" found for a Southwesterly comer of the said 11.8700 acre Eastex Venture tract, and being in the Northeasterly right-of-way line of U.S. Highway 69, 96, & 287, and also being in the East right-of- way line of Dowlen Road; THENCE, NORTH 01 °45'39" WEST along the East right-of-way line of Dowlen Road for a distance of 191.51 feet to a 5/8" iron rod found for corner, said comer also being the beginning of a curve turning to the right having a radius of 565.50 feet and being subtended by a chord bearing NORTH 1800618" EAST having a chord length of 382.34 feet; THENCE NORTHEASTERLY, along and with said curve for an arc length of 390.02 feet to a 5/8" iron rod found for comer; THENCE, NORTH 37°46'51" EAST, along the Southeast right-of-way line of Dowlen Road for a distance of 41.47 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 and the POINT OF BEGINNING of the parcel herein. described; 1) THENCE, NORTH 37046'51" EAST, continuing along the Southeast right-of-way line of Dowlen Road for a distance of 58.79 feet to a 5/8" iron rod found for comer; 2) THENCE, NORTH 82029'30 EAST along the existing Southeast right-of-way of Dowlen Road for a distance of 35.51 feet to a 5/8" iron rod found for comer in the existing Southwest right-of-way line of Concord Road; 3) THENCE, SOUTH 5205123" EAST, continuing along the existing Southeast right-of- way line of Concord Road for a distance of 17.62 feet to a 5/8" iron rod found for comer; June 2009 Parcel 47 Page 2 of 6 4) THENCE, SOUTH 62002'26" EAST, continuing along the existing Southeast right-of- way line of Concord Road for a distance of 639.13 feet to a "pk" nail found in asphalt for comer, said comer being the East corner of the said 11.8700 acre Eastex Venture tract and said comer being the North comer of that certain called 7.7982 acre tract of land from the Amended Final. Plat of Target Subdivision for Target Stores by plat dated June 11, 1981 and being recorded under Volume 14 Page 78 of the Map Records of Jefferson County, Texas; 5) THENCE, SOUTH 27057'48" WEST, along the boundary line between the said 11.8700 acre Eastex Venture tract and the said 7.7982 acre Target Stores tract for a distance of 10.37 feet to a "PK" nail set for comer in the proposed Southwest right- of-way line of Concord Road; 6) THENCE, NORTH 62°03'58" WEST, along the proposed Southwest right-of-way line of Concord Road for a distance of 353.27 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; 7) THENCE, NORTH 68°54'32" WEST, continuing along the proposed Southwest right- of-way line of Concord Road for a distance of 50.36 feet to a "Punch Mark" set in concrete for comer in the proposed Southwest right-of-way line of Concord Road; 8) THENCE, NORTH 62003'58" WEST, continuing along the proposed Southwest right- of-way line of Concord Road for a distance of 136.22 feet to a "PK" nail set for comer in the proposed Southwest right-of-way line of Concord Road, said comer also being the beginning of a curve turning to the right having a radius of 2446.00 feet and being subtended by a chord bearing NORTH 61°00'23" WEST having a chord length of 90.47 feet; 9) THENCE NORTHWESTERLY, along and with said curve for an arc length of 90.48 feet to a "PK" nail set for corner in the proposed Southwest right-of-way line of Concord Road; 10)THENCE, SOUTH 75003'12" WEST, continuing along the proposed Southwest right- of-way line of Concord Road for a distance of 89.26 feet to the POINT OF BEGINNING and containing 0.2385 acre (10,390 square feet) of land. June 2009 Parcel 47 Page 3 of 6 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 February 2009 GIVEN UNDER MY HAND AND SEAL THIS THE ID DAY OF JUNE 2009. Mark W. RPLS #3636 LEGEND ■ SET 5/8' 1. R. WITH CAP STAMPED 'CITY OF BEAUMONT ROW MONUMENT' 0 TXDOT CONTROL MONUMENT 0 PARCEL NUMBER o FND PROPERTY CORNER AS NOTED POWER POLE PARENT TRACT PROPOSED ROW LINE N.T.S. EXISTING ROW LINE PROPERTY LINE CONCORD ROAD — — SURVEY LINE COUNTY LINE 4 P.O.B. TAKING Q PARCEL 47 ACRES 0 ACRES o: PARCEL 47, 0. 2385/(10390) W CALLED 11.8700 ACRES WEINGARTEN-TARGET SEPTEMBER 2,1982 VOL 14 PC. II I MRJC P.O.0 PARCEL 47 F. BIGNER SURVEY •FND 1. ROP W\ CAP ABSTRACT NO. 1 STAMPED CARTER' 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. MARK W. WHITELEY AND ASSOCIATES INCORPORATED rSUR NSULTING ENGINEERS, VEYORS, AND PLANNERS m 3636 arm u s i� S U P. 0. BOX 5492 3250 EASTEX FRWY. BEAUMONT, TEXAS 77726-5492 BEAUMONT, TEXAS 77703 409-892-0421 (FAX) 409-892-1346 CALLED 7 798 ACRES TARGET SUBOMSION JUNE 11, 1981 VOL 14 PG. 78 MRJC EXISTING TAKING REMAINING ACRES ACRES S.F. ACRES 11. 8700 PARCEL 47, 0. 2385/(10390) 11. 6315 PARCEL PLAT SHOWING PARCEL 47 CONCORD ROAD JEFFERSON COUNTY SCALE 1" = 50' JUNE 2009 SHEET 4 OF 6 OL,/ O.Z M CZ 00.L9N Lt,'06 9-V'06 00 -9v -VZ Z0 c)„ 99,0C.62 3„9 L,90.9 LN ,b2'Z9c ,ZO'062 ,OS'S9S l0 p TIONd b1130 ON18V38 080HO H1ON3-1 080HO HION3-1 08V sniov8 3Mn.,) Z CD CNO U w Z Z O �+ w 9 133HS 33S - 3N1 -I H�1tiW p.., w o z W � WOU w �+ uU) o o= ¢o ��' N CD o O F - w - co � o o Jo O O Z to + C� N J Mo z �D O Z N w N 2 O� C' O O Q V) C) N z Z o Nz o o 0 I � � -�rWNi a o � o N +0 U 7p Q Ia 3 F- ,2 rnw � >_ 00 Of cu PI) oLLJ J W 00 CD Q Of Z V)o ���� �W �_� `D Q U') 0 CL (�U 62 `-�- CN in d Q w v� CN X �-. N Im W pZL''1J ZZ'99+L61 Od ° J �w� F -Z 6£'£! O Ov) O w Z W 114 Lil Z uO OC14 LO z r- J + o 00 6 U ON w 0 .� \ p t� Ce I L O 9941 '� t¢) p � Ii Y Q \D W �J cr g cri \p wcO + 0� �N �no�I .n6' a o V S�iOls, 3 d - ,6Z'RS 3 l c6 00 S, 96,p U-) �N ,SL,ti "lti +- L44 a oo �dZ 67cv� a�O _ vv MOooo"D�N 0 aof�-_IUp rn z o o � 0 U w Z Z � E Q (n cl:: U U50o� V) LL. O w Z J O Q j rn N p"C,j 1� a lwi � LL- p w d. rn m Ca = Q -D ^ (n `-d �' 2i C7 m � � L'i O w Ow � Tw,� �.J 0 O Ld (� ~ ¢�O N J Z O o �~ Z_N a + o a 0 II Y`X- cr n m .-• 14- 0 o Z uJ J OU U Z7 a _ J _ Q w Z O O N 3-1 00 LO M O N ' Z W Z_ ^� N Z C) rn W M Q LiCc oo— 0 'c.v Ln UQ mom- N YWJ` dj. d OM CD o Cl wNca-v i� O Z O 00 x a CDZL' IJ �" S� Q J C� co zd O U Cad Or N rV LLJ � m N (n 0 O U W ?� 0 U `I S 133HS 33S — 3NI� HO1dW 10 December 6, 2011 Consider approving the purchase of five patrol vehicles for use by the Police Department RICH WITH OPPORTUNITY BEAUMON-* T• E 0 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 Office December 6, 2011 Council consider approving the purchase of five (5) patrol vehicles for use by the Police Department. RECOMMENDATION The administration recommends approval of the purchase from Philpott Motors of Nederland in the amount of $133,928. BACKGROUND Pricing for the equipment was obtained through the Houston -Galveston Area Council. H -GAC is a cooperative purchasing association providing cities and political subdivisions with the means to purchase specialized equipment at volume pricing. H -GAC complies with the State of Texas procurement statutes. The purchase price of $133,928.00 includes the H -GAC administrative fee of $600. The Police Department's Patrol Division is in need of additional vehicles to bring the patrol fleet to an adequate level due to several factors. First, overlapping shifts within the Patrol Division will sometimes result in a shortage of vehicles for patrol. Also, organizational changes have resulted in reassignment of some units previously designated for patrol. Finally, the current reserve of units is not sufficient to cover units that are unavailable due to accidents, repairs and routine maintenance. The new vehicles are 2011 Ford Crown Victorias with the police package. Standard warranties of 36,000 miles or three (3) years are provided for each new vehicle. The warranty service is provided by the local authorized dealership. Delivery is expected within thirty (30) days. BUDGETARYIMPACT Funds are available in the Capital Reserve Fund. 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 approve the purchase of five (5) patrol vehicles for use by the Police Department from Philpott Motors, of Nederland, Texas, in the amount of $133,928 through the Houston -Galveston Area Council (H -GAC) Cooperative Purchasing Program. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 6th day of December, 2011. - Mayor Becky Ames - 1 ■ 11 December 6, 2011 Consider approving the FHAST, authorizing the submission of a Community Development Block Grant application to the Texas General Land Office for Hurricane Ike, Round 2.2 funds and to authorize the City Manager to act as the City's Executive Officer in the Program BICE WITH OPPORTUNITY BEAU111190-N* T - E - % - A - S TO: FROM: PREPARED BY: MEETING DATE: REQUESTED ACTION: City Council Agenda Item City Council Kyle Hayes, City Manager Chris Boone, Community Development Director December 6, 2011 Council conduct a Public Hearing to receive comments on the City of Beaumont's Fair Housing Activity Statement -Texas (FHAST) and consider a resolution approving the FHAST, authorizing the submission of a Community Development Block Grant application to the Texas General Land Office for Hurricane Ike, Round 2.2 funds and to authorize the City Manager to act as the City's Executive Officer in the Program. RECOMMENDATION Administration recommends approval. BACKGROUND In the aftermath of Hurricane Ike, Beaumont, like many other coastal communities sustained widespread damage. In an effort to recover from that damage, Community Development Block Grant (CDBG) funds were allocated to those areas affected. These funds include housing, which are administered by the Councils of Government, and non- housing funds, which are provided to each community and administered by the General Land Office (GLO). To date, the City has received $4.3M in Round 1 and $11.5M in Round 2.1 of the non- housing funding. Non housing projects awarded in Round 1 were Riverfront Bank Stabilization and Cartwright/Corley Drainage Improvements. The project awarded in Round 2.1 was South Park Drainage system improvements. In order to receive funds in Round 2.2, additional requirements must be met. These requirements are the result of complaints filed by housing advocacy groups, criticizing the allocation of disaster recovery funding. As a result, all applicants must complete and adopt a Fair Housing Activity Statement -Texas (FHAST). As you are aware, fair housing laws require that the City be responsive to housing discrimination. Hurricane Ike Disaster Recovery December 6, 2011 Page 2 In addition, the laws also require that as a recipient of federal funding, we proactively work to identify any impediments to provision of decent, safe and affordable housing. An example of such an impediment would be a zoning ordinance with a minimum lot size so large that it would preclude smaller, more affordable homes within the community. As an entitlement city and a regular recipient of CDBG and other federal funding, this analysis of impediments to fair housing is something that is regularly conducted by the City. However, because of the complaint filed, the FHAST analysis of impediments is an additional review that is required. In order to comply, a FHAST Work Group met on September 7, 2011 to review the draft FHAST document. The document was submitted to GLO and, with amendments, the draft was approved by the GLO on October 28, 2011. Following this, a Public Hearing to take input on the final FHAST was conducted on November 28, 2011 and a second Public Hearing is being conducted at today's meeting. With the adoption of the FHAST, the final document will be submitted along with the application for Round 2.2 funding for the following projects: • $7M for a centrally -located Health Clinic • $2.4M for a new fire station at 5020 Helbig Rd. • $2.8M for street and drainage improvements to Magnolia Avenue from Gill St. to E. Lucas • $6.8M for street and drainage improvements to Avenue A from Washington Blvd. to Cardinal Dr. Also, the City Manager should be designated to act as the City's Executive Officer and Authorized Representative in all matters pertaining to the City's participation in the Community Development Program. BUDGETARY E"ACT Some funds have already been expended for preliminary design for the street projects. This will be highlighted in the resolution and application as a demonstration of our commitment to the projects. Architectural fees for the fire station will be funded by the City. Street and drainage design fees in the amount of $1.2M have been expended and are not eligible for reimbursement. Although no local match is required, the total grant award is $18,453,283. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BEAUMONT, TEXAS, APPROVING ITS FAIR HOUSING ACTIVITY STATEMENT—TEXAS (FHAST); AUTHORIZING THE SUBMISSION OF A COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM APPLICATION TO THE TEXAS GENERAL LAND OFFICE FOR THE DISASTER RECOVERY FUND, HURRICANTE IKE, ROUND 2.2; AND AUTHORIZING THE CITY MANAGER TO ACT AS THE CITY'S EXECUTIVE OFFICER AND AUTHORIZED REPRESENTATIVE IN ALL MATTERS PERTAINING TO THE CITY 'S PARTICIPATION IN THE COMMUNITY DEVELOPMENT PROGRAM. WHEREAS, the City Council of the City of Beaumont desires to develop a viable urban community, including decent housing and a suitable living environment and expanding economic opportunities, principally for persons of low/moderate income; and WHEREAS, the City Council supports and affirmatively furthers fair housing; and WHEREAS, the City needs funds to recover from damage and failure to function during and after Hurricane Ike; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT, TEXAS:. 1. That the City's Fair Housing Activity Statement—Texas (FHAST) is hereby approved by the City Council. 2. That a Community Development Block Grant Program Application for the Disaster Recovery Fund, Hurricane Ike, Round 2.2 is hereby authorized to be filed on behalf of the City with the Texas General Land Office. 3. That the City Council directs and designates the City Manager as the City 's Chief Executive Officer and Authorized Representative to act in all matters in connection with this application and the City 's participation in the Community Development Block Grant Program, Disaster Recovery Fund, Hurricane Ike, Round 2.2. 4. That it further be stated that the City of Beaumont is committing $2M from its Capital Program to Round 2.2 Disaster Recovery Program projects. Passed and approved this day of , 2011. Mayor ,City Secretary RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BEAUMONT, TEXAS, APPROVING ITS FAIR HOUSING ACTIVITY STATEMENT—TEXAS (FHAST); AUTHORIZING THE SUBMISSION OF A COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM APPLICATION TO THE TEXAS GENERAL LAND OFFICE FOR THE DISASTER RECOVERY FUND, HURRICANE IKE, ROUND 2.2; AND AUTHORIZING THE CITY MANAGER TO ACT AS THE CITY'S EXECUTIVE OFFICER AND AUTHORIZED REPRESENTATIVE IN ALL MATTERS PERTAINING TO THE CITY'S PARTICIPATION IN THE COMMUNITY DEVELOPMENT PROGRAM. WHEREAS, the City Council of the City of Beaumont desires to develop a viable urban community, including decent housing and a suitable living environment and expanding economic opportunities, principally for persons of low/moderate income; and, WHEREAS, the City Council supports and affirmatively furthers fair housing; and, WHEREAS, the City needs funds to recover from damage and failure to function during and after Hurricane Ike; 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, 1. That the City's Fair Housing Activity Statement—Texas (FHAST) is hereby approved by the City Council. 2. That a Community Development Block Grant Program Application for the Disaster Recovery Fund, Hurricane Ike, Round 2.2 is hereby authorized to be filed on behalf of the City with the Texas General Land Office. 3. That the City Council directs and designates the City Manager as the City's Chief Executive Officer and Authorized Representative to act in all matters in connection with this application and the City 's participation in the Community Development Block Grant Program, Disaster Recovery Fund, Hurricane Ike, Round 2.2. 4. That it further be stated that the City of Beaumont is committing $2M from its Capital Program to Round 2.2 Disaster Recovery Program projects. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 6th day of December, 2011. - Mayor Becky Ames - ATTEST: CITY SECRETARY