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PACKET FEB 07 2006 (02)
IL City of Beaumont REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS FEBRUARY 7, 2006 1:30 P.M. AGENDA CALL TO ORDER * Invocation Pledge Roll Call * Presentations and Recognition - 2005 Doris Johnson Award Winner and Receive a report related to the FY 2005 Audit * Public Comment: Persons may speak on scheduled agenda items 1-6/Consent Agenda * Consent Agenda GENERAL BUSINESS Consider authorizing the City Manager to execute a contract for the Florida Street Lift Station Rehabilitation Project 2. Consider authorizing the City Manager to execute a Local Transportation Project Advance Funding Agreement with the Texas Department of Transportation (TxDOT) for the IH -10 at Walden Road Off Ramp Project 3. Consider authorizing the City Manager to execute an agreement with LaBelle Park, LP, for the IH -10 at Walden Road Off Ramp Project 4. Consider authorizing the City Manager to execute a Local Transportation Project Advanced Funding Agreement with the Texas Department of Transportation (TxDOT) for the Old Dowlen Road Project 5. Consider approving the purchase of a sewer vacuum truck for use in the Water Department 6. Consider approving the purchase of twenty six (26) desktop computers for the public safety records management and computer-aided dispatch system WORKSESSION * Receive requests from various developers related to their affordable housing applications to the Texas Department of Housing and Community Affairs Proposed developments include: Stone Hearst I1- 1650 E. Lucas Drive Northwood Crossing - N. Major Drive at Pindo Circle Beaumont Downtown Lofts - 527 Forsythe Street and 620 Pearl Street Gulf Street Terrace - 2900 block of Gulf Street Review and discuss drafts of a smoking ordinance regulating smoking in public places Review and discuss dilapidated structures currently in a work program COMMENTS Councilmembers/City Manager comment on various matters Public Comment (Persons are limited to 3 minutes) ADJOURN CONVENE MEETING OF THE BEAUMONT HOUSING FINANCE CORPORATION Consider approving a resolution assigning to the Jefferson County Housing Finance Corporation the authority of the Beaumont Housing Finance Corporation to issue qualified mortgage bonds in calendar years 2006 through 2009 Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact Lenny Caballero at 880-3716 three days prior to the meeting. 1 February 7, 2006 Consider authorizing the City Manager to execute a contract for the Florida Street Lift Station Rehabilitation Project tl7sij City of Beaumont W Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Hani J. Tohme, Water Utilities Director MEETING DATE: February 7, 2006 AGENDA MEMO DATE: February 1, 2006 REQUESTED ACTION: Council approval of a resolution authorizing the City Manager to execute a contract for the Florida Street Lift Station Rehabilitation Project. RECOMMENDATION Administration recommends approval of a contract with Placo Ltd., Lumberton, Texas, in the amount of $540,904.14 for the Florida Street Lift Station Rehabilitation Project. The project will convert the existing dry pit into a submersible wet well, demolish the existing wet well, construct new reinforced concrete walls and slab, remove and replace the existing pumps, remove and replace necessary piping to make the new lift station operable, install a new control building with all related appurtenances, install radio communication antenna, and construct a new driveway and parking area. The MBE goal will be partially met through a subcontract with the certified MBE firm of Cardinal Fence Co. for a total amount of $8,870.00. This amount represents 1.64 percent of the total bid. The specialized work related to the project limits the availability and participation of minority businesses. BACKGROUND The lift station was originally built in the mid 1940's and has been modified in the early 1980's. The proposed additions and modifications to the lift station are mandated by increased flows during normal operational conditions and deteriorated structures and equipment. The project will rehabilitate and replace structural components and install new equipment to meet present and future demands and State and Federal regulations. BUDGETARYIMPACT Funds for the project are available in the Capital Program. PREVIOUS ACTION None. SUBSEQUENT ACTION None. 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G OF _ C� y bI � E < CO O � cv m O N Ln O r U F C C N OU U z r_N 4o ro <u ro L 'b Cb U I '2 V V U C U < v: I c. 2 February 7, 2006 Consider authorizing the City Manager to execute a Local Transportation Project Advance Funding Agreement with the Texas Department of Transportation (TxDOT) for the IH -10 at Walden Road Off Ramp Project City of Beaumont Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tom Warner, Public Works Director MEETING DATE: February 7, 2006 AGENDA MEMO DATE: February 1, 2006 REQUESTED ACTION: Council approve a resolution authorizing the City Manager to execute a Local Transportation Project Advance Funding Agreement with the Texas Department of Transportation (TxDOT) for the IH -10 at Walden Road Off Ramp Project. RECOMMENDATION Administration recommends approval of a resolution authorizing the City Manager to execute a Local Transportation Project Advance Funding Agreement with TxDOT for the IH -10 at Walden Road Off Ramp Project. BACKGROUND The Intermodal Surface Transportation and Efficiency Act of 1991(ISTEA) and the Transportation Equity Act for the 21' Century (TEA -21) authorized transportation programs to meet the challenges of protecting and enhancing communities and the natural environment and advancing the nations economic growth and competitiveness. These transportation programs allow the use of local funds for the development and construction of local transportation improvements on State operated highways. The Local Transportation Project Advance Funding Agreement for the IH -10 at Walden Road Off Ramp Project is for the relocation of the Walden Road exit ramp. The developers of the property adjacent to the ramp want to relocate the ramp to the north in order to improve access to their property. The estimated construction cost to relocate the ramp is $200,000 and will be the responsibility of the developer. The City will only serve as a pass through agency since the developer is prohibited from entering into an agreement directly with TxDOT. BUDGETARY IMPACT None. PREVIOUS ACTION On August 30, 2005, the City Council approved a resolution authorizing the City Manager to execute a Master Advance Funding Agreement with TxDOT. The Master Advance Funding Agreement provides the general contract language for any project between the City and TxDOT and is referenced in the Local Transportation Project Advance Funding Agreement. SUBSEQUENT ACTION A contract will be executed between the developer and the City for the relocation of the ramp. RECOMMENDED BY City Manager, Public Works Director and City Engineer WaldenLTPFTxDOT.wpd February 1, 2006 3 February 7, 2006 Consider authorizing the City Manager to execute an agreement with LaBelle Park, LP, for the IH -10 at Walden Road Off Ramp Project I City of Beaumont MK� Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tom Warner, Public Works Director MEETING DATE: February 7, 2006 AGENDA MEMO DATE: February 1, 2006 REQUESTED ACTION: Council approve a resolution authorizing the City Manager to execute an agreement with LaBelle Park, LP, for the IH -10 at Walden Road Off Ramp Project. RECOMMENDATION Administration recommends approval of a resolution authorizing the City Manager to execute an agreement with LaBelle Park, LP for the IH -10 at Walden Road Off Ramp Project. BACKGROUND The LaBelle Park, LP, is the owner of the property located on the IH -10 Westbound Frontage Road near the Walden Road off ramp. The Texas Department of Transportation has been requested, by the LaBelle Park, LP, to relocate the westbound IH -10 ramp at Walden Road to the north in order to improve access to their property. Although TxDOT is amenable to the request, they are prohibited from entering into an agreement directly with the developer. The City will serve as the pass through agency for this specific project by entering into an agreement with TxDOT and the developer. The agreement with TXDOT identifies the City as the Local Participating Jurisdiction and responsible for the local cost share. The agreement with the developer passes the local cost share of the project to LaBelle Park, LP. The City will not be responsible for any cost associated with the development or construction of this project. BUDGETARY IMPACT None. PREVIOUS ACTION On August 30, 2005, the City Council approved a resolution authorizing the City Manager to execute a Master Advance Funding Agreement with TxDOT. The Council is scheduled to approve the Local Transportation Advance Funding Agreement with TxDOT on February 7. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager, Public Works Director and City Engineer W aldenBroussardAgreement. wpd February 1, 2006 11 February 7, 2006 Consider authorizing the City Manager to execute a Local Transportation Project Advanced Funding Agreement with the Texas Department of Transportation (TxDOT) for the Old Dowlen Road Project vow City of Beaumont VW_ t17E---J!J Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tom Warner, Public Works Director MEETING DATE: February 7, 2006 AGENDA MEMO DATE: February 1, 2006 REQUESTED ACTION: Council approve a resolution authorizing the City Manager to execute a Local Transportation Project Advanced Funding Agreement with the Texas Department of Transportation (TxDOT) for the Old Dowlen Road Project. RECOMMENDATION Administration recommends approval of a resolution authorizing the City Manager to execute a Local Transportation Project Advanced Funding Agreement with the Texas Department of Transportation (TxDOT) for the Old Dowlen Road Project. BACKGROUND The City of Beaumont has received Congestion Mitigation and Air Quality (CMAQ) funds to reconstruct Old Dowlen Road from a point 2200 feet west of Dowlen Road to its intersection with Dowlen Road. The proposed scope of work includes the construction of a two-lane concrete curb and gutter roadway with a continuous left turn lane with transit turnouts. The City's participation in the $1,310,000 project is 20 percent or $298,000 of the total estimated cost. Additionally, added capacity funding has been designated to construct Old Dowlen from Dowlen Road to State Highway (SH) 105. The scope of work for this project will include the construction of a four - lane concrete curb and gutter roadway and the relocation of the Old Dowlen and SH 105 intersection 500 feet to the west. When these projects were submitted for funding it was anticipated that the construction time between the projects would be several years. However, it now appears that the entire project will be constructed at one time. The roadway will be constructed as a four -lane concrete curb and gutter street. A second Local Transportation Project Advanced Funding Agreement with the TxDOT will be required in order to secure the added capacity funding. BUDGETARY IMPACT This project is funded as a part of the Capital Program. PREVIOUS ACTION On August 30, 2005, the City Council approved a resolution authorizing the City Manager to execute a Master Advance Funding Agreement with TxDOT. The Master Advance Funding Agreement provides the general contract language for any project between the City and TxDOT and is referenced in the Local Transportation Project Advance Funding Agreement. SUBSEQUENT ACTION City Council will be requested to approve a resolution authorizing the City Manager to execute a Local Transportation Project Advanced Funding Agreement for the remaining section of Old Dowlen Road. RECOMMENDED BY City Manager and Public Works Director 01dDow1enCMAQLPAFATxD0T February 1, 2006 5 February 7, 2006 Consider approving the purchase of a sewer vacuum truck for use in the Water Department City of Beaumont � OLCouncil Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Brenda Beadle, Purchasing Manager MEETING DATE: February 7, 2006 AGENDA MEMO DATE: January 31, 2006 REQUESTED ACTION: Council approval of the purchase of one (1) diesel powered cab and chassis equipped with a jet rodder sewer vacuum system. RECOMMENDATION Administration recommends the purchase of one (1) 2006 International 7400 diesel powered cab and chassis equipped with a jet rodder sewer vacuum body for the Water Utilities Department through the Houston -Galveston Area Council (H -GAC) cooperative purchasing program. The total cost of the truck including a H -GAC administrative fee of $1,000 is $211,966. BACKGROUND The jet rodder sewer vacuum system is capable of breaking clogs and blocked debris in sewer lines and lift stations. With this system, debris and grease can be pulled to a manhole and vacuumed from the line. In addition to responding to requests for cleaning clogged lines and overflows, the vacuum truck will be used for preventative maintenance to ensure adequate flow of the City's 780 miles of sewer lines. The truck will be ordered from H-GAC's contracted vendors, the chassis from Santex Truck Center of San Antonio, Texas at a cost of $58,766 and the Vactor Combination Sewer Cleaner from Kinloch Equipment & Supply, Inc. of Pasadena, Texas at a cost of $153,200. Warranty service for the International cab and chassis will be provided by International Trucks of Houston. Kinloch Equipment and Supply, Inc. of Pasadena, Texas will provide onsite warranty service. Both are warranted for a period of one (1) year. The new unit will be delivered in approximately 120 days. Purchase of Vacuum Truck January 31, 2006 Page 2 The truck will replace Unit 3265, a 1997 Ford chassis with a Vactor Sewer Cleaner body, which will be disposed of according to the City's surplus policy procedures. BUDGETARY IMPACT Total cost for this truck is $211,966. Funds are available in the Water Fund. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager and Water Utilities Department. February 7, 2006 Consider approving the purchase of twenty six (26) desktop computers for the public safety records management and computer-aided dispatch system City of Beaumont Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Brenda Beadle, Purchasing Manager MEETING DATE: February 7, 2006 AGENDA MEMO DATE: February 1, 2006 REQUESTED ACTION: Council consider the purchase of twenty-six (26) desktop computers for the public safety records management and computer-aided dispatch system. RECOMMENDATION Administration recommends the purchase of fourteen (14) desktop computers for $1,369.95 each and twelve (12) desktop computers with dual monitors for $1,712 each from Gateway Companies, Inc. of North Sioux City, South Dakota. BACKGROUND The twenty-six (26) computers will be used in Police, Fire, and EMS facilities to support the new public safety records management and computer-aided dispatch (CAD) system being installed this year. The new computers will replace equipment that cannot support the new records management and dispatch software. Ten (10) new desktop computers with seventeen (17) inch monitors will be placed at Fire stations and four (4) at EMS facilities. These fourteen (14) computers will be used for reporting and other records management functions by Fire and EMS. They replace antiquated equipment which will be disposed of according to surplus property procedures. Eight (8) new desktops with dual nineteen (19) inch monitors will be placed in the Police dispatch office and four (4) in the Fire dispatch office. Dual monitors are required at each CAD work station to simultaneously display large screens showing calls in progress, calls waiting, location and status of dispatched units, and mapping information. The twelve (12) older computers with dual monitors being removed from the dispatch offices will be used in other Police and Fire offices. The State of Texas Cooperative Purchasing Program offers the Catalog Purchasing Program for the purchase of high technology items. A list of qualified Catalog Information Services Vendors (CISV) Purchase of Desktop Computers February 2, 2006 Page 2 is provided by the State for the procurement of high technology goods such as personal computers, software, and telecommunications systems. Vendors must offer a published catalog or an Internet site describing their products and prices. Local entities must contact a minimum of three (3) vendors for furnishing bids on specified products. Bids were solicited from five (5) CISV companies for the purchase of twenty-six (26) computers with minimum specifications including a 3.2 Gigahertz (Ghz) processor and a 160 Gigabyte (GB) Hard Drive. Fourteen (14) computers were specified with seventeen (17) inch flat panel monitors while twelve (12) required dual nineteen (19) inch flat panel monitors. Bids were received as follow: BUDGETARY IMPACT Funds are available in the Confiscated Goods Fund in the amount of $13,696 for the eight (8) computers with dual monitors being placed in the Police dispatch office. Funds are budgeted in the Capital Reserve Fund in the amount of $26,027.30 for the balance of the purchase which totals $39,723.30. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager. Gateway Companies, Inc. Dell Computer Corp. North Sioux City, SD Round Rock, TX QTY DESCRIPTION UNIT TOTAL UNIT TOTAL 14 Desktop Computer with $1,369.95 $19,179.30 $1,511.94 $21,167.16 one 17" monitor and one ergonomic keyboard 12 Desktop Computer with $1,712.00 $20,544.00 $1,899.23 $22,790.76 two 19" monitors and one standard keyboard TOTAL: $39,723.30 $43,957.92 BUDGETARY IMPACT Funds are available in the Confiscated Goods Fund in the amount of $13,696 for the eight (8) computers with dual monitors being placed in the Police dispatch office. Funds are budgeted in the Capital Reserve Fund in the amount of $26,027.30 for the balance of the purchase which totals $39,723.30. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager. REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS FEBRUARY 7, 2006 1:30 P.M. CONSENT AGENDA Approval of minutes Confirmation of committee appointments A) Approve the purchase of one (1) 2006 Chevrolet Tahoe for use in the Police Department B) Approve the payment of invoices to Gulf Coast Electric Co., Inc. for services performed subsequent to Hurricane Rita C) Authorize the acceptance of a ten foot (10') wide Water Line Easement out of Tract I of the Stone Haus Addition in the David Brown Survey D) Authorize the acceptance of a ten foot (10') wide water line easement providing access for fire prevention services for the Ten Two LTD. property located near the intersection of Interstate 10 and Clearwater Court E) Authorize the acceptance of a five foot (5') wide water line easement providing access for fire prevention services for the HHH Investments Corporation property located near the intersection of Interstate 10 and Clearwater Court F) Authorize the acceptance of a five foot (5') wide water line easement providing access for fire prevention services for the Jai Mahalaxmi, Inc. property located near the intersection of Interstate 10 and Clearwater Court G) Authorize the acceptance of a fifteen foot (15') wide water line easement out of the M. C. Cartwright Subdivision U, City of Beaumont ILCouncil Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Brenda Beadle, Purchasing Manager MEETING DATE: February 7, 2006 AGENDA MEMO DATE: January30, 2006 REQUESTED ACTION: Council approval of the purchase of one (1) 2006 Chevrolet Tahoe. RECOMMENDATION Administration recommends the purchase of one (1) 2006 Chevrolet Tahoe pursuit vehicle for the Police Department through the Houston -Galveston Area Council (H -GAC) cooperative purchasing program. The cost of the vehicle, including a $600 H -GAC administrative fee, is $29,172.51 BACKGROUND The Narcotics Task Force will use this vehicle in their drug interdiction program on Interstate 10. In January 2006, a new 2005 Chevrolet Tahoe equipped with a canine kennel, communication and video equipment was placed in service. On January 26, 2006, the unit was destroyed in an automobile accident. At this time, there is only one pursuit SUV available and it has in excess of 130,000 miles and needs extensive maintenance before it can be placed in service. The contracted H -GAC vendor, Classic Chevrolet of Beaumont, has a limited number of 2006 police pursuit Chevrolet Tahoes in stock for immediate delivery. Since the drug interdiction program on Interstate 10 has ceased until a unit is available, it was determined that placing the order through the H -GAC vendor for immediate delivery is in the City's best interest. The communication equipment, video equipment and canine kennel is salvageable and will be installed in the new unit. Warranty service will be provided by the local authorized dealer. The standard warranty is three (3) years or 36,000 miles. Purchase of Police Pursuit Vehicle January 30, 2006 Page 2 BUDGETARY IMPACT The City's Claims Administrator has contacted the driver responsible for the collision and their insurance should provide funds to reimburse the City for the vehicle. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager and Chief of Police. Fw� City of Beaumont Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Brenda Beadle, Purchasing Manager MEETING DATE: February 7, 2006 AGENDA MEMO DATE: February 1, 2006 REQUESTED ACTION: Council consider payment of invoices to Gulf Coast Electric Co., Inc. for services performed subsequent to Hurricane Rita. RECOMMENDATION Administration recommends payment in the amount of $85,798.82 to Gulf Coast Electric Co., Inc. BACKGROUND In the aftermath of Hurricane Rita, it was essential for various City departments to connect to generator power until electricity was restored. During that time, Building Services personnel coordinated with Gulf Coast Electric Co., Inc. to provide electrical services required in wiring generators into emergency service, and in repairing various generator failures experienced by City locations during the period of the power outage. Gulf Coast Electric subsequently reconnected locations to permanent power after electricity was restored, and repaired related electrical component damage caused by the storm. The services were performed during September and October, 2005. BUDGETARY IMPACT Due to the nature of the damage, it is anticipated that the cost for these measures will be reimbursed by FEMA. PREVIOUS ACTION None. Payment to Gulf Coast Electric Co., Inc. - Hurricane Rita Related Invoices February 1, 2006 Page 2 SUBSEQUENT ACTION None. RECOMMENDED BY City Manager and Finance Officer. City of Beaumont . Q19f Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tom Warner, Public Works Director MEETING DATE: February 7, 2006 AGENDA MEMO DATE: February 1, 2006 REQUESTED ACTION: Council consider a resolution authorizing the acceptance of a ten foot (10') wide Water Line Easement out of Tract I of the Stone Haus Addition in the David Brown Survey [2190 Interstate 10 S]. RECOMMENDATION Golden Corral Corporation has agreed to convey a ten foot (10') wide Water Line Easement to the City of Beaumont. The easement is a 0.0451 acre tract out of Tract I of the Stone Haus Addition in the David Brown Survey, Abstract 5. Located at 2190 Interstate 10 S, the easement is described as being across property owned by the Golden Corral Corporation. Administration recommends acceptance of the easement. BACKGROUND The Water Line Easement will provide service for the new commercial structures being constructed in the area. BUDGETARY IMPACT None. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager and Public Works Director \enggolden_corral-ib mpd 1 February 2006 c EXHIBIT A Legal Description: 0.0451 Acre Water Line Easement David Brown Survey, Abstract No. 5 Jefferson County, Texas BEING a 0.0451 -acre Water Line Easement situated in the David Brown Survey, Abstract No. 5. Jefferson County. Texas and being out of and a part of that certain called 1.906 acre tract designated as "Tract U of the Stone Haus Addition, as recorded in Volume 17, Page 71 of the Map Records of Jefferson County. Texas and also being out of and a part of a 1.889 acre tract its surveyed November 8, 2005 by Wortech Land Surveyors- Inc. Said 0.0451 acre Water Line Easement being more particularly described by metes and bounds as follows: COMMENCING at a concrete right-of-way monument (leaning) for the East comer of said Tract I and said 2.889 acre tract. same being the south comer of a certain called Outback Steakhouse 1.6361 acre tract of land, more fully described and recorded ill Clerk's File No. 9430341 of the Official Public Records of JefTerson County. Texas. and being in the Northwest line of the Interstate Hig ghway 10 ri g I right-of-way: THENCE South 41037'00" West. along and with the Southeast line of said Tract I and said 2.889 acre tract. same being the Northwest right-of-way line of said Interstate H4,; lghway 10, a distance of 149.33 feet to the PLACE OF BEGINNING of the Water Line Easement herein described: THENCE South 41 "37'00" West, continuino alon- and with said Southeast line of said Tract I and said 2.889 acre tract, same being the Northwest right-of-way line of said Interstate Highway 10. a distance of 10.00 feet to a point for the most Southerly comer of the tract herein described; THENCE North 48"'1817 " \N,"est, along and with the Southwest line of the Water Line Easement herein described, a distance of 196.621 feet to a point for corner, THENCE North 41'4143" East, along and with the Northwest line of the Water Line Easement herein described, a distance of 10.00 feet to a point fZ)r corner,* THENCE South 48'18'l 7" East, along and with the Northeast line of the Water Lille Easement herein described. a distance of 196.60 feet to the PLACE OF BEGINNING, containing 0,0451 acre of land. more or less. NOTE: All bearings are based oil the Southeast line of a 2.889 acre tract (Tract I and Tract [I of the Stone Haus Addition as described in Volume 17, Page 71 of the map records of Jefferson county, Texas). as sur ,eyed by Wortech Land Surveyors on November 8. 2005. as being South 41"37"00" West. . R0ID t T Bti Y0U 3'G'? 3�L s�'��,•� Lii4 '4 40TES ALL &EAR!e-S APE BASED ON er c 7j?Js; ' ,'i" ' A 2. ACRE TR4Ci i7RACi J A%D T -ACT FT IHE MAP RCS OFgzr f,d Cn ,. ry -,EXAS1, MO. `E£'ER 5, 20-5 AS iENG 5 J #a 41' 37` &~'- h-S'- . S41'37'00"W 10,00' 41'41 143"E 10.00' STONE .'.'� < r �, �✓i::i: fti y'G ---------...m..-----7 ----------------------- I �'~ V � - Y s , C) Qs n. P.r J O 4 f- 4 10 2,889 ai R \ ro� ©.0451 ACRES 1966.10 S.F. 40TES ALL &EAR!e-S APE BASED ON er c 7j?Js; ' ,'i" ' A 2. ACRE TR4Ci i7RACi J A%D T -ACT FT IHE MAP RCS OFgzr f,d Cn ,. ry -,EXAS1, MO. `E£'ER 5, 20-5 AS iENG 5 J #a 41' 37` &~'- h-S'- . S41'37'00"W 10,00' 41'41 143"E 10.00' � - Y L ' POB POC INEST80—UND FEEDER ROAD LVH AE��E WIDTH PA;C--q,iS.wl) 9 IF �nSin��a--�zn�ai �Z��rsps�ss �strr L _ E i.kilt ■, WE 1VITRESMr'r PLAT SHOWING PROPOSED WATER LINE EASEMENT OUT OF THE DAM} BROWN SURVEY ABSTRACT NO. 5 JEFFERSON COUNTY, TEXAS 1 �`7eii City of Beaumont Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tom Warner, Public Works Director MEETING DATE: February 7, 2006 AGENDA MEMO DATE: January 27, 2006 REQUESTED ACTION: Council consider a resolution authorizing the acceptance of a ten foot (10') wide water line easement providing access for fire prevention services. RECOMMENDATION Ten Two LTD. has agreed to convey a ten foot (10') wide Water Line Easement to the City of Beaumont. The easement will provide mandatory access for fire prevention services for the Ten Two LTD. property located near the intersection of Interstate 10 and Clearwater Court (0.240 acre out of Tract I, Ferguson Development Park). Administration recommends acceptance of the easement. BACKGROUND None. BUDGETARY IMPACT None. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager and Public Works Director. engf ire_ten-two-ib.wpd 27 January 2006 EXHIBIT "A" Legal Description: 0.240 Acre Waterline Easement Out of and Part of Tract I Ferguson Development Park Volume 13, Page 49, Map Records C. Williams Survey, Abstract No. 59 Beaumont, Jefferson County, Texas BEING a 0.240 Acre Waterline easement situated in the C. Williams Survey, Abstract No. 59, Jefferson County, Texas and being out of and part of Tract I of the Ferguson Development Park, a subdivision of the City of Beaumont, Jefferson County, Texas, according to the plat thereof recorded in Volume 13, Page 49, Map Records, Jefferson County, Texas and also being out of and part of that certain tract as described in a "General Warranty Deed" from Ferguson Management, Inc. and Clearwater Pacific, L.L.C. to Ten Two, Ltd. as recorded in Clerk's File No. 9828912, Official Public Records of Real Property, Jefferson County, Texas, said 0.240 Acre Waterline Easement being more particularly described as follows: NOTE: All bearings are based on the Southwesterly line of the above referenced Tract I as NORTH 48023'00" WEST as recorded on the above referenced final plat of Ferguson Development Park. COMMENCING at a 5/8" iron rod found for the most Westerly corner of the remainder of the said Ten Two, Ltd. Tract and the most Northerly corner of that certain called 2.3176 Acre tract of land as described in a "Special Warranty Deed" from Ten Two, Ltd. to Jai Mahalaxmi, Inc. as recorded in Clerk's File No. 2005003528, Official Public Record of Real Property, Jefferson County Texas, said point also being in the Southeasterly right-of-way line of Interstate Highway No. 10; THENCE NORTH 48052'13" EAST along and with the Southeasterly right-of-way line of Interstate Highway No. 10, and the Northwesterly line of the said remainder of the Ten Two, Ltd. tract, for a distance of 13.06 feet to a point for corner; THENCE SOUTH 46°31'48" EAST over and across the remainder of the said Ten Two, Ltd. tract for a distance of 15.07 feet to the POINT OF BEGINNING of the tract herein described, said corner also being in the Northeasterly line of that certain 0.1384 Acre Ingress and Egress Easement identified as Easement No. 2, as recorded in Clerks File No. 2005003528 Official Public Records of Real Property, Jefferson County, Texas; THENCE NORTH 48°52'13" EAST, over and across the said remainder of the Ten Two, Ltd. tract, for a distance for a of 10.04 feet to a point for corner; THENCE SOUTH 46031'48" EAST, over and across the said remainder of the Ten Two, Ltd. tract and parallel to the Northeasterly line of the said 2.3176 Acre Jai Mahalaxmi, Inc tract, and the said 0.1384 Acre Ingress and Egress Easement, for a distance of 446.85 feet to a point for corner; EXHIBIT "A" MARK W. WIIITELIPWI&AP ;SOCIATES, INC. THENCE NORTH 6097'44" EAST, over and across the said remainder of the Ten Two, Ltd. tract, and parallel to the common line between the said Tract I and Tract III of the said Ferguson Development Park, for a distance of 63.87 feet to a point for corner; THENCE NORTH 08020'13" WEST, over and across the said remainder of the Ten Two, Ltd. tract and parallel to the East line of the said Tract I, for a distance of 549.61 feet to a point for corner; THENCE NORTH 41041'29" EAST, over and across the said 2.9385 Acre Ten Two, Ltd. tract, for a distance of 13.05 feet to a point for corner, said corner being in the Easterly line of the said remainder of the Ten Two, Ltd. tract, the Easterly line of the said Tract I, and the westerly line of Hillebrandt Bayou; THENCE SOUTH 08020'13" EAST, along and with the Easterly line of the said remainder of the Ten Two, Ltd. tract and the Westerly line of Hillebrandt Bayou, for a distance of 559.45 feet to a 3/8" iron rod in concrete found for corner, said corner also being the most Easterly corner of the said Tract I and the most Northerly corner of Tract III; THENCE SOUTH 6001744" WEST, along and with the Southerly line of the said remainder of the Ten Two Ltd. tract and the common line between the said Tract I and Tract III, for a distance of 95.16 feet to a 5/8" iron rod found for corner, said corner also being the most Easterly corner of the said 2.3176 Acre Jai Mahalaxmi, Inc tract; THENCE NORTH 46°31'48" WEST, for the boundary between the said remainder of the Ten Two, Ltd. tract and the said 2.3176 Acre Jai Mahalaxmi, Inc. tract for a distance of 5.22 feet to a point for corner; THENCE NORTH 60017'44" EAST, over and across the said remainder of the Ten Two, Ltd. tract and parallel to the common line of the said Tract I and Tract III, for a distance of 13.58 feet to a point for corner, said corner also being in the Northeasterly line of the said 0. 13 84 Acre Ingress and Egress Easement; THENCE NORTH 46°31'48" WEST over and across the said remainder of the Ten Two, Ltd. tract and along and with the Northeasterly line of the said 0.1384 Acre Ingress and Egress Easement for a distance of 444.77 feet to the POINT OF BEGINNING and containing 0.240 ACRES, more or less; This Legal Description is based on a survey Rowe, RPLS No. 5728. This legal descriptio on this survey (see EXHIBIT "B"). Thomas S. Rowe, RPLS No. 5728 W:2005/05-639/EASEMENT Ldoc rtbr .cLn August 5, 2005 by Thomas S. ,i s ed along with a plat based ........................... iOMAS S. ROWS ........................... 9 5728 P Q Z�SUR�� EXHIBIT "A" MARK W. WHITELI�MAPA91SOCIATES, INC. FND CONC. NU. (BROKEN) FND N41'41'29"E 60.69' (CALL N41-37-OOV 60.63) FND 5/8" L ROD I \ \ \ i so I ; 20' ELECTRICPEREASEMENT \ \ ��O s0sAT �ol��'9j�� RFs s8o �90� of '0 I � SSt9\ I 15' UTILITY EASEMENT I VOL. 1326 PPER AT534 DRJC �\ 0.240 ACRE \\ WATERLINE EASEMENT BLDG.PER PLAT CK LINE \\\ I I \\ \ I I REAMINDER OF \ \ TEN TWO LTD. \ \ I ; CF NO. OPR 828912 \\ I. ROD INFAID CONC. POB C, I 0 — -L— — — N46 4 W 4 !''' — — — --- 1 om . LINE BEARING DISTANCE L1 N 48'52'13" E 13.06' L2 S 46'31'48" E 15.07' L3 N 48'52'13" E 10.04' L4 N 60"17'44" E 63.87' LS N 41'41'29" E 13.05' L6 N 46'31'48" W 5.22' L7 N 60'17'44" E 13.58' VICINITY MAP NTS FND N4852'13"E 13.06' 44,77 -- � FND CONC. —�— T N46'31'48"W 462.36' MONU. (BROKEN) I IIJ 0.1376 ACRES —� O FND 5��8" RODop FND 5/8" (13' WIDE) / 0.1384 ACRES IN RESS AND EGRESS / I. 1. ROD (13' WIDE) / l EASEMENT NO. 1 INGRESS AND EGRESS CF. N0. 2005003528 N N EASEMENT NO. 2 OPRJC w w CF. NO. 2005003528 o 0.1254 ACRE OPRJC 20' ELECTRIC &DRAINAGE EASEMENT/ �0� WIDE) PER PLAT (24' 4 o V Q o z z I `INGRESS AND EGRESS II EASEMENT NO. 3 FND 2.3176 ACRES OUT OF AND PART OF TRACT I CF. N0. 2005003528 ci I JAI MAHALAXMI, INC n g00���° OPRJC CF, NO. 2005003528 // /'oma Ems" iI i OPRJC / /o 0 w124.00 __35_BLPERSPLATCKLINE------------- .�, FND 3/8" 1. R00 IN CONC. i FND 3/8" 1. ROD / CL FNO 242.29' l l TRACT 111 N48'23'00"W "° (CALL N48'23'00"W 242.34) CI ND 3/8 HHH INVESTMENTS CORPORATION REFERENCE BEARING PER PLAT CLEARWATER COURT I ROD CF. NO. 2004039857 OPRJC (60' R.O.W.) CURVE RADIUS CHORD BEARING CHORD LENGTH ARC LENGTH DELTA ANGLE '29" EXHIBIT ss B C1 430.00' S 39-03-15- E 139.66' 140.28' 18'41 1, THOMAS S. ROWE, DO HEREBY CERTIFY THAT THIS SURVEY WAS ON THIS DAY MADE ON THE SURFACE OF THE GROU OF THE PROPERTY LEGALLY DESCRIBED HEREON AN REPRESENTS THE FACTS FOUND AT THE TIME OF THIS PLAT IS BEING SUBMITTED ALONG W17H A pT9*1 S T s ., DESCRIPTION BASED ON THIS SURVEY. Q 4; DATE SURVEYED. AUGUST 15, 2005 •••• .......................`.... THOMAS S. ROWE ....: ........... S......... E < : 90 5728 fESSaP : Q v .SUR��J� THOMAS S. ROWE REGISTERED PROFESSIONAL LAND SURVEYOR No. 5728 REFER TO EXHIBIT 'A" FOR LEGAL DESCRIPTION SAM C. PARIGI :wH SCALE: SHEET NO.: 1 zoos 1 "= 100' 1 of MARK W. WHITELEY AND ASSOCIATES INCORPORATED -7CONSULTING ENGINEERS, SURVEYORS, AND PLANNERS 0 P. 0. BOX 6482 9260 LwrEK PEBY. BEAUMM. TCW 97128-6482 BEAUYONT. TE%A9 77109 408-882-0121 (PAIQ 408-882-1946 0.240 Acre Waterline Easement Out of and Part of Tract I Ferguson Development Park Volume 13, Page 49, Map Records C. Williams Survey Abstract No. 59 Beaumont, Jefferson County, Texas A.. City of Beaumont �Llqj Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tom Warner, Public Works Director MEETING DATE: February 7, 2006 AGENDA MEMO DATE: January 27, 2006 REQUESTED ACTION: Council consider a resolution authorizing the acceptance of a five foot (5') wide water line easement providing access for fire prevention services. RECOMMENDATION HHH Investments Corporation has agreed to convey a five foot (5') wide Water Line Easement to the City of Beaumont. The easement will provide mandatory access for fire prevention services for the HHH Investments Corporation property located near the intersection of Interstate 10 and Clearwater Court (0.041 acre out of Tract III, Ferguson Development Park). Administration recommends acceptance of the easement. BACKGROUND None. BUDGETARYIMPACT None. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager and Public Works Director. engfire_hhh-ib.wpd 27 January 2006 E EXHIBIT "A" Legal Description: 0.041 Acre Waterline Easement Out of and Part of Tract III Ferguson Development Park Volume 13, Page 49, Map Records C. Williams Survey, Abstract No. 59 Beaumont, Jefferson County, Texas BEING a 0.041 Acre Waterline easement situated in the C. Williams Survey, Abstract No. 59, Jefferson County, Texas and being out of and part of Tract III of the Ferguson Development Park, a subdivision of the City of Beaumont, Jefferson County, Texas, according to the plat thereof recorded in Volume 13, Page 49, ;Map Records, Jefferson County, Texas and also being out of and part of that certain tract as described in a "Warranty Deed with Vendor's Lien" from Ferguson Management, Inc. and Clearwater Pacific, L.L.C. to HHH Investments Corporation as recorded in Clerk's File No. 2004039857, Official Public Records of Real Property, Jefferson County Texas, said 0.041 Acre Waterline Easement being more particularly described as follows: NOTE: All bearings are based on the Southwesterly line of the above referenced Tract I as NORTH 48°23'00" WEST as recorded on the above referenced final plat of ferguson Development Park. BEGINNING at a 3/8" iron rod found for the most Northwesterly corner of the said HHH Investments Corporation Tract, said corner also being the .Northwesterly corner of the said Tract III, and the most Southerly corner of the said 2.3176 Acre Jai Mahalaxmi, Inc. tract, said corner also being the most Southerly corner of Tract I of the said Ferguson Development Park, the, said point also being in the Northeasterly right-of-way line of Clearwater Court (based on a width of 60 feet); THENCE NORTH 60017'44" EAST, for the common line between the said Tract I and Tract III, said line also being the common line between the said HHH Investments Corporation tract and that said 2.3176 Acre Jai Mahalaxmi, Inc. tract, passing at a distance of 262.83 feet a 5/8" iron rod found for corner, said corner being the most Easterly corner of the said 2.3176 Acre Jai Mahalaxmi, Inc. tract and the most Southerly corner of the remainder of that certain tract as descried in a "General Warranty Deed" from Ferguson Management, Inc. and Clearwater Pacific, L.L.C. to Ten Two Ltd. as recorded in Clerk's File No. 9828912 Official Public Records of Real Property, Jefferson County, Texas for a total distance of 358.00 feet to a 3/8" iron rod in concrete found for corner, said corner being the Easterly corner of the said Tract I and the Northerly corner of the said Tract III, and also being in the westerly line of Hillebrandt Bayou; THENCE SOUTH 08020'13" EAST, along and with the easterly line of the said HHH Investments Corporation tract and the said Tract III and the Westerly Line of Hillebrandt Bayou, for a distance of 5.37 feet to point for corner; EXHIBIT "A" MARK W. WHITELIFf"RUSOCIATES, INC. THENCE SOUTH 60017'44" WEST, over and across the said HHH Investments Corporation tract and parallel to the common line of the said Tract I and Tract III, for a distance of 356.07 feet to a point for corner, said corner being in the Northeasterly right- of-way line of Clearwater Court and being the beginning of a curve to the left whose radius is 430.00 feet, and being subtended by a chord which bears NORTH 29°22'32" WEST for a chord distance of 5.00 feet; THENCE NORTHWESTERLY, along and with the Northeasterly right-of-way line of Clearwater Court and the Southwesterly line of the said HHH Investments Corporation tract, for an are distance of 5.00 feet to the POINT OF BEGINNING and containing 0.041 Acres, more or less. This Legal Description is based on a survey performed on August 5, 2005 by Thomas S. Rowe, RPLS No. 5728. This legal description is being submitted along with a plat based on this survey (see EXHIBIT "B"). Thomas S. Rowe, RPLS No. 5728 ............................... THOMAS S. R01NE W2005/05-639/EASEMENT3.doc ................................ 9 5728 P Q E)MIBIT "A" MARK W. WHITEL V MR A? SOCIATES, INC. FND CONC. MONU. (BROKEN) LINE BEARING DISTANCE L1 S 08'20'13" E 5.37' FND N41'41'29E 60.69' I fir (CALL N41 -37-00"W 60.63) (\ I FND 5/8" 1. ROD II • I \ \ 4r n� I II �� 20' ELECTRIC EASEMENT\ rev I 'I PER PLAT �/ \ \ �o llso t J o VICINITY MAP m \ FS - NTS 1 \ I 'h I 115' UTILITY EASEMENT \ WW ".._-PER PLAT & \ I , VOL. 1326 PG. 534 DRJCCO m I 35' BLDG. SETBACK LINE \ PER PLAT \ I REAMINDER OF \ \ TEN TWO LTD. I i CF. NO. 9826912 \ \ j FND 3/8" JC 0.1384 ACRES \ I. ROD IN CONC. I i (13' WIDE) > / INGRESS AND EGRESS I I EASEMENT NO. 2 FND 5/8' I CF. NO. 2005003528 y I. ROD _j OPRJC l �� FND N4852'13"E 13.06' FND CONC. *— N46'31'48"W 462.36' / 800 MONU. (BROKEN) _ 0.1376 ACRES l ND 5//8" (13' WIDE) 20' ELECTRIC & DRAINAGE EASEMENT / / 1. R 1 INGRESS AND EGRESS PER PLAT o h CZ)I EASEMENT N0, 1 10 CF. NO. 2005003528 0 /. N N OPRJC w I 0.1254 ACRE FND 2.3176 ACRES 0 o I OUT OF AND PART OF TRACT I .A I (24' WIDE) JAI MAHALIXMI, INC o eo V M v `f INGRESS AND EGRESS �� CF. NO. 2005003528 �C! / y Q EASEMENT NO. 3 P OPRJC o i I i CF. NO. 2005003528 OPRJC 0.041 ACRE ' I WATERLINE EASEMENT 24'0°i 35' BLDG. SETBACK LINE ------ Q0 FND 3/8" FND 3/8" CONC. � � I - 1. ROD Sop ,7� o� VO FND N48'23'0014 242.29' „(12Q TRACT III (CALL N4823'00'W 242.34) C2 l HHH INVESTMENTS CORPORATION REFERENCE BEARING PER PLAT CLEARWATER COURTCF NO. 2004039857 OPRJC 430. S 29'22' 32" W 5.00' 5.00' 00'39'58" 430 139.66' 40.28' 1'41'29" "B" 39'0315" E POB FND REFER TO EXHIBIT "A" I, THOMAS S. ROWE, DO HEREBY CERTIFY THAT THIS SURVEY 3/8" FOR LEGAL DESCRIPTION WAS ON THIS DAY MADE ON THE SURFACE OF THE GR UND OF THE PROPERTY LEGALLY DESCRIBED HEREON Y REPRESENTS THE FACTS FOUND AT THE TI EWV THIS PLAT IS BEING SUBMITTED ALONG WI �'IV« t F„/ DESCRIPTION BASED ON THIS SURVEY. A, ; 0C' -9 DATE SURVEYED: AUGUST 15, 2005 Co; ....".......................... THOMAS S. ROWS SURA THOMAS S. ROWE REGISTERED PROFESSIONAL LAND SURVEYOR No. 5728 SAM C. PARIGI t BY: CWH SCALE: SHEET No.: :R: ACAD 2006 "c. j 00 1 of 18 N0. FILE: W:/2005/05-839 RE 05-639 EASEMENT3.dwq i MARK W. WHITELEY AND ASSOCIATES INCORPORATED CONSULTING ENGINEERS, SURVEYORS, AND PLANNERS 0 P. 0. BOX 549e 0250 EAS1'EX PRNY. BEAUMONT. TEXAS 77728-6482 BEAUMONT. TEW 77703 409-892-0121 (RAX)409-892-1348 0.041 Acre Waterline Easement Out of and Part of Tract III Ferguson Development Park Volume 13, Page 49, Map Records C. Williams Survey Abstract No. 59 Beaumont, Jefferson County, Texas QiqCity of Beaumont Council Agenda Item �c TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tom Warner, Public Works Director MEETING DATE: February 7, 2006 AGENDA MEMO DATE: January 27, 2006 REQUESTED ACTION: Council consider a resolution authorizing the acceptance of a five foot (5') wide water line easement providing access for fire prevention services. RECOMMENDATION Jai Mahalaxmi, Inc. has agreed to convey a five foot (5') wide Water Line Easement to the City of Beaumont. The easement will provide mandatory access for fire prevention services for the Jai Mahalaxmi, Inc. property located near the intersection of Interstate 10 and Clearwater Court (0.030 acre out of Tract I, Ferguson Development Park). Administration recommends acceptance of the easement. BACKGROUND None. BUDGETARY IMPACT None. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager and Public Works Director. engfire_mahalaxmi-ib mpd 27 January 2006 F EXHIBIT "A" Legal Description: 0.030 Acre Waterline Easement Out of and Part of Tract I Ferguson Development Park Volume 13, Page 49, Map Records C. Williams Survey, Abstract No. 59 Beaumont, Jefferson County, Texas BEING a 0.030 Acre Waterline easement situated in the C. Williams Survey, Abstract No. 59, Jefferson County, Texas and being out of and part of Tract I of the Ferguson Development Park, a subdivision of the City of Beaumont, Jefferson County, Texas, according to the plat thereof recorded in Volume 13, Page 49, Map Records, Jefferson County, Texas and also being out of and part of that certain called 2.3176 acre tract as described in a "Special Warranty Deed" from Ten Two, Ltd. to Jai Mahalaxmi, Inc. as recorded in Clerk's File No. 2005003528, Official Public Records of Real Property, Jefferson County Texas, said 0.030 Acre Waterline Easement being more particularly described as follows: NOTE: All bearings are based on the Southwesterly line of the above referenced Tract I as NORTH 48°23'00" WEST as recorded on the above referenced final plat of Ferguson Development Park. BEGINNING at a 3/8" iron rod found for the most Southerly corner of the said 2.3176 Acre Jai Mahalaxmi, Inc. tract, said corner also being the most Southerly corner of the said Tract I, and the Northwesterly corner of Tract III of the said Ferguson Development Park, said point also being in the Northeasterly right-of-way line of Clearwater Court (based on a width of 60 feet); THENCE NORTHWESTERLY, along and with the Northeasterly right-of-way line of Clearwater Court and the Southwesterly line of the said 2.3176 Acre Jai Mahalaxmi, Inc. tract and along a curve to the left, whose radius is 430.00 feet, and being subtended by a chord which bears NORTH 30°02'30" WEST a distance of 5.00 feet for an arc distance of 5.00 feet to a point for corner; THENCE NORTH 60017'44" EAST, over and across the said 2.3176 Acre Jai Mahalaxmi, Inc. tract and parallel to the common line between the said Tract I and Tract III, for a distance of 261.35 feet to a point for corner said corner being in the southwesterly line of the remainder of that certain tract described in a "General Warranty Deed" from Ferguson Management, Inc. and Clearwater Pacific, L.L.C. to Ten Two, Ltd. as recorded in Clerk's File No. 9828912, Official Public Records of Real Property, Jefferson County, Texas; THENCE SOUTH 46031'48" EAST, for the boundary between the said 2.3176 Acre Jai Mahalaxmi, Inc. tract and the said remainder of the Ten Two, Ltd. Tract, for a distance of 5.22 feet to a 5/8" iron rod found for corner, said corner being the most Easterly corner of the said 2.3176 Acre Jai Mahalaxmi, Inc. tract and also being in the common line between the said Tract I and Tract III; EXHIBIT "A" Pagel of 2 MARK W. WHITELEYAND ASSOCIATES, INC. THENCE SOUTH 60017'44" WEST, along and with the Southeasterly line of the said 2.3176 Acre Jai Mahalaxmi, Inc. tract and the common line between the said Tract I and Tract III for a distance of 262.83 to THE POINT OF BEGINNING and containing 0.030 ACRES, more or less; This Legal Description is based on a survey performed on August 5, 2005 by Thomas S. Rowe, RPLS No. 5728. This legal description is being submitted along with a plat based on this survey (see EXHIBIT "B"). G Thoma S. Rowe, W:2005/05-639/EAS EMENC2.doc RPLS No. 5728 CPQ G\SrE9�o� ............................... THOMAS S. ROWE 9 5728 P : Q a.� � O. �ESS1� \\v SUR EXHIBIT "A" MARK W. WHITELWPAND019SOCIATES, INC. FND CONC. MONO. (BROKEN) FND N41'41'29"E 60.69' (CALL N41'37'OOiV 60.63) i LINE BEARING DISTANCE I \ L1 S 46'31'48" E 5.22' FND 5/8 1. ROD j \ FND 1. FND N48'52'13"E 13.06' FNO C( MONU. (B) O ti INGRESS AND EGRESS ) j EASEMENT NO. 2 M II CF. NO. 2005003528 ,y`* OPRJC I OPRJC o 1EN \ 1,� INGRESS AND EGRESS \ z ZEASEMENT NO. 3 MAHALAXMI, INC CF. NO. 2005003528 CF. NO. 2005003528 OPRJC = o I i 20" ELECTRIC PERPLAT EMENT a ' 0.030 ACRE s° WATERLINE EASEMENT \ sZ7'• 00. OC/ LINE ---------------------- \ \ �O%Jl- VICINITY MAP FND 3/8" FND 3/8" `- �' \ ro NTS °OJ 1. ROD X00 O g, `* 15' UTILITY EASEMENT \ \ 4 -' PER PLAT & \ w h VOL. 1326 PG. 534 DRJC \ roZOO 35' BLDG. SETBACK LINE \ PER PLAT \ UQJ Q I I REMAINDER OF \ TEN TWO LTD. \ CF. N0. 9828912 \ FND 3/8" OPRJC 0.1384 ACRES \ 1. ROD IN CONC. (13' WIDE) FND 1. FND N48'52'13"E 13.06' FNO C( MONU. (B) O ti INGRESS AND EGRESS ) j EASEMENT NO. 2 M II CF. NO. 2005003528 ,y`* OPRJC I OPRJC r- N46'31'48"W 462.36' 0.1376 ACRES (13' WIDE)20' ELECTRIC & DRAINAGE EASEMENTI INGRESS AND EGRESS PER PLAT---- — I FND N48'23'00'W 242.29' v C2 \• (CALL N4823'00 "W 242.34') REFERENCE BEARING PER PLAT CLEARWATER COURT C (60' R.O.W.) CURVE RADIUS CHORD BEARING CHORD LENGTH ARC LENGTH DELTA ANGLE C1 430.00' N 30'02'30" W 5.00' 5.00' 00'39'58" C2 430.00' S 39'03'15" E 139.66' 140.28' 18'41'29- 1, THOMAS S. ROWE, DO HEREBY CERTIFY THAT THIS SURVEY WAS ON THIS DAY MADE ON THE SURFACE OF THE GROUND OF THE PROPERTY LEGALLY DESCRIBED HEREON AN Y REPRESENTS THE FACTS FOUND AT THE TIME THIS PLAT IS BEING SUBMITTED ALONG WITH fyQL+,, DESCRIPTION BASED ON THIS SURVEY DATE SURVEYED: AUGUST 15, 2005 ....".......................... THOMAS S. ROWE < %-!3 5728 . o \0 �O 0 s UR THOMAS S. ROWE REGISTERED PROFESSIONAL LAND SURVEYOR No. 5728 I. ROD SAM C. PARIGI WH I SCALE: SHEET No.: 20061 1 "=100' 1 of 1 05-639 1 EASEMENT2.dwg 1 � MARK W. WHITELEY AND ASSOCIATES INCORPORATED CONSULTING ENGINEERS, SURVEYORS, AND PLANNERS m P. 0. Box 649E 7250 BASTEX PEW. BEAUMONT. TEXAS 7/726-6492 BEAUMONT. TEXAS 77707 409-692-0421 (PAX) 409-692-1748 IIND 518- 1. RODo, �/A /�0 0 Quo gp� TRACT HHH INVESTMENTS CORPORATION CF. NO. 2004039857 OPRJC EXHIBIT "B" REFER TO EXHIBIT "A" FOR LEGAL DESCRIPTION 0.030 Acre Waterline Easement Out of and Part of Tract I Ferguson Development Park Volume 13, Page 49, Map Records C. Williams Survey Abstract No. 59 Beaumont, Jefferson County, Texas EASEMENT NO. 1 M CF. NO. 2005003528 OPRJC 0.1254 ACRE (24' WIDE) FND 2.3176 ACRES INGRESS AND EGRESS p OUT OF AND PART OF TRACT I AJAI z ZEASEMENT NO. 3 MAHALAXMI, INC CF. NO. 2005003528 CF. NO. 2005003528 OPRJC = o OPRJC ' 0.030 ACRE WATERLINE EASEMENT Z` 00 35' BLDG. SETBACK LINE ---------------------- _ FND 3/8" FND 3/8" `- �' I. ROD IN CONC.1 1. ROD X00 FND N48'23'00'W 242.29' v C2 \• (CALL N4823'00 "W 242.34') REFERENCE BEARING PER PLAT CLEARWATER COURT C (60' R.O.W.) CURVE RADIUS CHORD BEARING CHORD LENGTH ARC LENGTH DELTA ANGLE C1 430.00' N 30'02'30" W 5.00' 5.00' 00'39'58" C2 430.00' S 39'03'15" E 139.66' 140.28' 18'41'29- 1, THOMAS S. ROWE, DO HEREBY CERTIFY THAT THIS SURVEY WAS ON THIS DAY MADE ON THE SURFACE OF THE GROUND OF THE PROPERTY LEGALLY DESCRIBED HEREON AN Y REPRESENTS THE FACTS FOUND AT THE TIME THIS PLAT IS BEING SUBMITTED ALONG WITH fyQL+,, DESCRIPTION BASED ON THIS SURVEY DATE SURVEYED: AUGUST 15, 2005 ....".......................... THOMAS S. ROWE < %-!3 5728 . o \0 �O 0 s UR THOMAS S. ROWE REGISTERED PROFESSIONAL LAND SURVEYOR No. 5728 I. ROD SAM C. PARIGI WH I SCALE: SHEET No.: 20061 1 "=100' 1 of 1 05-639 1 EASEMENT2.dwg 1 � MARK W. WHITELEY AND ASSOCIATES INCORPORATED CONSULTING ENGINEERS, SURVEYORS, AND PLANNERS m P. 0. Box 649E 7250 BASTEX PEW. BEAUMONT. TEXAS 7/726-6492 BEAUMONT. TEXAS 77707 409-692-0421 (PAX) 409-692-1748 IIND 518- 1. RODo, �/A /�0 0 Quo gp� TRACT HHH INVESTMENTS CORPORATION CF. NO. 2004039857 OPRJC EXHIBIT "B" REFER TO EXHIBIT "A" FOR LEGAL DESCRIPTION 0.030 Acre Waterline Easement Out of and Part of Tract I Ferguson Development Park Volume 13, Page 49, Map Records C. Williams Survey Abstract No. 59 Beaumont, Jefferson County, Texas City of Beaumont ti .. 7eii ,a 1:1 Er -111 k'i Lei 2 1 N I = W Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tom Warner, Public Works Director MEETING DATE: February 7, 2006 AGENDA MEMO DATE: January 27, 2006 REQUESTED ACTION: Council consider a resolution authorizing the acceptance of a fifteen foot (15') wide Water Line Easement out of the M. C. Cartwright Subdivision [3530 West Cardinal Drive]. RECOMMENDATION Javed Group Real Estate, L.L.C. has agreed to convey a fifteen foot (15') wide Water Line Easement to the City of Beaumont. The easement is a 0.06 acre tract out of Lot 1, Block 1 of the M. C. Cartwright Subdivision to Beaumont. Located at 3530 West Cardinal Drive, the easement is described as being across property owned by Javed Group Real Estate, L.L.C. Administration recommends acceptance of the easement. BACKGROUND The Water Line Easement will provide service for the new commercial structures being constructed in the area. BUDGETARYIMPACT None. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager and Public Works Director \engj aved_price-ib.wpd 27 January 2006 D`J FAUST Engineering and Surveying, Inc. Profaealonel Englneare and Protesslonal eurveyorM Te4ophons (409) 613-3410 E-MAIL ADDRESS FAUSTENQ@TE>I -WNFr Fax (408) 813-3484 2626 Colder Street Doeiurnw►t, Texas 77742 FIELD NOTE DESCIUFTIONB FORA 0.06 ACRE TRACT OUT OF SLOT,1.1 RLOCK21 .Mc,I.FADD,IN PARTITION MAP No. I BEAUMONT, JEFFERSON COUNTY, .TEXAS January 11, 2006 BEING a 0.06 acre tract of land out of Block 21 of the M.C. Cartwright Subdivision in Beaumont, Jefferson County, Texas, as per map of record i.v. Volurne 4, Page 194 of the Map Records of said County and per the partition map recorded in Volume 15, page 143 of the Records of the 58`h District Court of Jefferson County, Texas; said 0.06 acre tract being out of a tract described in Clerk File # 1999027267 vf, the Jefferson County Real Property Records; said 0.06 acre tract being more fully described by metes and bounds description as follows: COMMENCING at a 5/8" iron rod found marking the Northwest cozier of Lot 1, Block 21 and also being the common corner of Block 14, 15, 20, and 21 of said subdivision and being the Northwest corner of the tract b.erei,n, described; THENCE North 89049'49" East (called North 89054'39" East) along the North line of Lot 1, Block 21 and the said 3.907 acre tract, a distance of 84.85 feet (calked 84.78 feet) to a 5/8" iron rod. found marking the Southwest corner of that certain tract conveyed to Robert A. Young by deed dated November 4, 1977 and recorded in Volume 2035, page 1.36 of the Deed. Records of Jefferson. Courty, Texas; THENCE North 89°56'39" East (re.feren.ce bearing), continuing along the North. line of Lot 1, Block 21 and the 3.907 acre tract, a distance of 303.75 feet to a V2" iron rod found for corner; THENCE South. 00041'24" East (called South 00°38'31" East), a distance of 87.45 feet (called. 87.43 feet) to a 5/8" .iron rod found for corner, said rod being located in. the North line of Lot 2, Block 21, the South line of 0306.1841n&b EA$W15NT,doc r leen Note .uescnptIon 0306-184m&b EASEMANT.doc Lot 1., Block 21 and being the northeast corner of a tract described in Clerk File # 1999027267 of the Jefferson County Real Property Records; THENCE South 00°41'13" East (called South 00°38'31." Fast) along the east line of the tract described in Clerk's File # 1999027267 JCRPR, a distance of 134,26 feet to a point for the northeast corner of the said 0.06 acre tract and being the POINT OF BEGINNING; THENCE South 00'41,'1.3" .East said tract described. in Clerk's File # 1999027267 JCRPR, a distance of 1.72.41 feet to a fence post for corner on the north line ofRighway 69, 96, and 287 forthe southeast corner of the herein described tract; THENCE following saidnorth line of Highway 69, 96, and 287, North 76136'35" West, a distance of 1.5.46 feet to a point .for the southwest corner of the herein described. tract; THENCE Nonb 00°41'13" West, a distance of 168.65 feet to a point for the northwest comer of the herein described tract; THENCE North 89°19'47' East, a d.istancc of 15,00 feet to the POINT OF BEGINNING, said tract containing 0.06 acres of land, more or less, This description and the accornpanying plat were prepared from a Land title Survey performed under the supervision of Richard F. Faust, P.E., Registered Professional Land, Surveyor No. 4782 on August 22, 2003. THE EASEMENT WAS NOT SURVEYED AT THE TIME THIS DESCRIPTION WAS WRITTEN. Richard F. Faust, P.E. Registered Professional Land Surveyor No. 4782 Page 2 Awa $ fL gg �qo a • N = (,r►'6e 1 „eB,aB.Go S dJTTti7J— �w (�Iti'09C t .oc,".00 s fermj ,9r to 3[ .iz.cr.aa s a .re,xr.oa 9 S tj b c' AVOW K U ra ��A K Icy Ww DOW' O m I ! I a � v no he .abs, o f"'o M „6S,Aom K a 'j,va) (80'Ylt J ,N o0.0o N Gt �ypJ ,b�B'98 JI ,3'9, t i•do N .,Lo'b'«' M .r�,r0.P0 �+( 1 c W4 �4 N OC cz Cif citi$� R r� b N 2 � u. f� W P W 0 WORKS S SION 1 t TE Texas Department of Housing and Community Affairs Multifamily Finance Production Division DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS Notification of Submission of Affordable Housing Applications January 23, 2006 The Honorable Guy Goodson Mayor City of Beaumont PO Box 3827 Beaumont, TX 77704 - Re: Notification of Affordable Rental Housing Application(s) Proposed in Your City Dear Mayor Goodson: 1 am writing to provide you with information on one or more rental housing application(s) proposed in the community you represent that has been received by the Texas Department of Housing and Community Affairs for the Housing Tax Credit Program. The Department received the application(s) between January 1 and January 9, 2006. The Department's mission is to help Texans achieve a higher quality of life by building better communities. Through our rental production programs, the Department encourages the new construction or rehabilitation of high-quality multifamily housing, primarily through private developers. These developments benefit Texans in your city by providing qualified families with safe, affordable, quality housing. This notification is made pursuant to §2306.1114, Texas Government Code, to ensure that you are fully informed of the activity in your city and so that the Department can gather your input on the proposed application(s). The Department greatly appreciates receiving your views concerning the need for affordable housing within your city and how the proposed development(s) addresses that need. A development summary for each application which may be in your city is included with this correspondence. Written support or opposition letters received regarding specific applications will be summarized for the TDHCA Governing Board for their consideration when making a decision to award tax credits to an application. To solicit additional public comment, the Department will hold a series of public hearings in April 2006 on all competitive (9%) Housing Tax Credit applications received. The Department's Governing Board is tentatively scheduled to make its preliminary decision concerning the proposed development(s) for the 9% Housing Tax Credit Program at its June 26, 2006 meeting and its final decision at its July 27, 2006 meeting. The 9% Housing Tax Credit hearing schedule, announcements regarding further dates, board meeting dates, and other informational notices will be posted on our website at www.tdhca.state.tx.us. Please mail any comments you may have to the Multifamily Finance Production Division, P.O. Box 13941, Austin, TX 78711-3491 or send them by facsimile to 512.475.0764. If you have any questions or need additional information, please contact Michael Lyttle, Director of the Division of Policy and Public Affairs, at 512.475.4542 or by email at Michael.lyttle@tdhca.state.tx.us. Sincerely, Brooke Boston Director, Multifamily Finance Production Division Relevant Development Information as Presented by the Applicant: Project Number: 060065 Development Name: JStcwe Hearst II ❑,/ microwave ovens Development Address: 1650E uL cas Dr. ❑ nine ft ceilings Development City: Beau3Region: Beaumont Development Zip: L 77703 �— 5 Regional Allocation: Urban! Exurban - Target Population: Fam � ily, - --- Set Aside: ❑d Nonprofit ❑ USDA ❑ At -Risk Building/Unit Configuration: 5 units or more Creditl Funding Request: $790,000 -— — Maximum # of Floors: �� Elevator: ❑ Total Site Acreage: 7.58 # Residental Buildings: 16 # Non Residental Buildings: # Units per Acre: Total Low Income Units: 97 Total Market Rate Units: Total Units: 1001 Average Rent 1 Bedroom Low Income: 356 Average Rent 1 Bedroom Market Rate: NIAj Average Rent 2 Bedroom Low income: - g L _� - Average Rent 2 Bedroom Market Rate: � NIAj Average Rent 3 Bedroom Low Income: -640 Average Rent 3 Bedroom Market Rate: 675' Average Rent 4 Bedroom Low Income: j N/AJ Average Rent 4 Bedroom Market Rate: N/A' Tenant Services counseling services credit counseling, financial planning assistance, health and nutritional courses, comput Applicant Information: Owner Entity Name: Stone Way II Limited Partnership Owner Contact: Brenda Given Owner Address: 18453 Lyndon Lane -----__- -- —� Owner City: Austin Owner State: ITX Owner Zip: 78729] Owner Phone: (512) 249 7468 Extension: Owner Fax: (512) 249-6660 - Owner Email: �rhodges@newlifehousing.com Summary of Public Benefits: 100% masonry ❑,/ microwave ovens 0 ceiling fixtures ❑ nine ft ceilings ❑v/ covered entries R-15 wailslR-30 ceilings ❑ covered parking Refrigerator wl icemaker F./-] covered patios ❑ selfcleaning oven W energy star 30yr architectural roofing ❑ fire sprinklers ❑ 14 SEER HVAC ❑ garages ❑ storage room ❑ >75% masonry ❑ energy efficient materials ❑ highspeed Internet accessible walking path ❑d laundry conn ❑ bbq grills picnic tables ❑ laundry units ❑ community dining room ❑.i community gardens ❑ health screening room ❑d community laundry room ❑ horseshoe C controlled gate access ❑ library W covered pavilion ❑ playground equipment ❑ enclosed porch ❑d business center ❑ perimeter fencing ❑ public telephone ❑ secured entry ❑ senior activity room ❑ childrens activity center ❑d service coordinator office 0 community room ❑ fitness center ❑ games room/TV lounge W gazebo ❑ sport court ❑r swimming pool ❑� two children's playgrounds ❑ walking trail Relevant Development Information as Presented by the Applicant: Project Number: 060082 Development Name: Northwood Crossing i - --- - Development Address: � Malor Dr. at Pindo Circle Development City: Beaumont - Development Zip: 77708 Region. 5 Regional Allocation: Urban) Exurban Target Population: Family Set Aside: ❑ Nonprofit ❑ USDA ❑ At -Risk Building/Unit Configuration: 5uor more CrediU Funding Request: $937,000 — - - --- - Maximum # of Floors: 2' Elevator: ❑ Total Site Acreage: # Residental Buildings: 111 # Non Residental Buildings: j #Units per Acre: 13.78 Total Low Income Units:r- 124 Total Market Rate Units: -� Total Units: 124] - -- _ Average Rent 1 Bedroom Low Income: 490 Average Rent 1 Bedroom Market Rate: E::: --_-N/A] Average Rent 2 Bedroom Low Income: 5801 Average Rent 2 Bedroom Market Rate: N/A Average Rent 3 Bedroom Low Income: 6741 Average Rent 3 Bedroom Market Rate: -- Average Rent 4 Bedroom Low Income: N/A� Average Rent 4 Bedroom Market Rate: l Tenant Services Applicant Information: Owner Entity Name: Northwood Crossing, L.P. Owner Contact: Ilke Akbari Owner Address: 2901 Turtle Creek Dr., Suite 106 Owner City: rport Arthur Owner State: TX Owner Zip:77642 Owner Phone: (409) 724-0020- Extension: 115 _ Owner Fax: (409) 721-6603 �, Owner Email: iakbari aOitexmgt.com r Summary of Public Benefits: ❑d 100% masonry 0 ceiling fixtures V covered entries ❑ covered parking ❑ covered patios ❑ energy star ❑ fire sprinklers ❑ garages ❑ >75% masonry ❑ highspeed Internet C� laundry conn ❑ laundry units ❑ microwave ovens ❑ community gardens ❑ health screening room 0 nine ft ceilings W community laundry room ❑ horseshoe �] R-15 walls/R-30 ceilings ❑ controlled gate access ❑ library ❑ Refrigerator wi icemaker ❑ covered pavilion ❑ playground equipment selfcleaning oven ❑ enclosed porch ❑ public telephone 30yr architectural roofing business center ❑ secured entry ❑ 14 SEER HVAC ❑ perimeter fencing ❑ senior activity room ❑� storage room ❑ energy efficient materials ❑ accessible walking path ❑ bbq grills picnic tables ❑ community dining room ❑ childrens activity center ❑ service coordinator office ❑d community room ❑ fitness center ❑ games room1TV lounge ❑ gazebo ❑ sport court ❑ swimming pool V two children's playgrounds ❑ walking trail Relevant Development Information as Presented by the Applicant: Project Number: 060202 Development Name: Beaumont Downtown Lofts Development Address: 527 Forsythe St. and 620 Pearl St. Development City: rB-eaumont - C777_0- 1 Region _51PmentziP Regional Allocation: Urban/ Exurban Target Population: Family Set Aside: ❑ Nonprofit ❑ USDA ❑ At -Risk Building/Unit Configuration: C units or more Credit/ Funding Request: F 366,648 Maximum # of Floors: 3] Elevator: ❑d Total Site Acreage: i 0.578 # Residental Buildings: #Non Residents/ Buildings: E-A #Units per Acre: I 69 Total Low Income Units: L40 Total Market Rate Units: Fol Total Units: 40 Average Rent 1 Bedroom Low Income: -- 405 Average Rent 1 Bedroom Market Rate: �- N/AJ Average Rent 2 Bedroom Low Income: 495 Average Rent 2 Bedroom Market Rate: - N/A Average Rent 3 Bedroom Low Income: F Average Rent 3 Bedroom Market Rate: N/A Average Rent 4 Bedroom Low Income: L NIA Average Rent 4 Bedroom Market Rate: N/A - -- -- --- Tenant Services home buyer education, health and nutritional services, financial planning courses, credit counseling, vocatio Applicant Information: Owner Entity Name: Beaumont Downtown Lofts Owner Contact: Jim Sari - J Owner Address: �6 E. 4th St Owner City: Winston-Salem Owner state: �NC - l'I Owner Zip: C 27101 Owner Phone: ;(336) 772-9871 Extension: 102 Owner Fax: (336) 722 3603 Owner Email: jMandmarkdevelogment.biz -_ Summary of Public Benefits: ❑ 100° masonry Fv] microwave ovens ❑ community gardens ❑ health screening room ❑d ceiling fixtures ❑ nine ft ceilings ❑d community laundry room ❑ horseshoe W covered entries R-15 walls/R-30 ceilings ❑ controlled gate access ❑ library ❑ covered parking Refrigerator wl icemaker covered pavilion ❑ playground equipment ❑ covered patios ❑d selkleaning oven ❑ enclosed porch ❑ public telephone ❑� energy star ❑ 30yr architectural roofing business center ❑ secured entry ❑� fire sprinklers ❑ 14 SEER HVAC ❑ perimeter fencing ❑ senior activity room ❑ garages ❑ storage room ❑ childrens activity center ❑ service coordinator office ❑ >75% masonry ❑ energy efficient materials ❑d community room ❑ sport court highspeed Internet ❑ accessible walking path fitness center ❑ swimming pool ❑ laundry conn ❑ bbq grills picnic tables ❑ games roomiTV lounge ❑ two children's playgrounds ❑ laundry units ❑ community dining room gazebo ❑ walking trail LP Stone WaNl January 12, 2006 Guy N. Goodson Mayor City of Beaumont 801 Main St. Beaumont, Texas 77704 RE: TDHCA # 060065 StoneHearst li Development Request for City Funds Mayor Goodson, I am writing to request the City of Beaumont for a contribution of City Funds per the Texas Department of Housing and Community Affairs' 2006 QAP in the amount of $100,100 in CDBG / HOME funds to apply towards the StoneHearst II development, a 100 unit affordable housing community which we ars proposing to build at 1650 E Lucas St, in Beaumont, utilizing Low Income Housing Tax Credits from the TDHCA. The funds can take the form of fee and permit waivers as well as HOME and CDBG funds. The proposed 100 units would be the second phase of the StoneHearst Apartment complex which is currently under construction and will consist of 104 units. The initial phase is scheduled to open in April of this year. The city of Beaumont is in need of high quality affordable housing. This development will help fill that need and supply low and moderate income citizens with a dean, safe place to live as well as the supportive services to enhance their employment prospects in the future. Your support and consideration is greatly appreciated. Please contact us should you have any questions and kindly remit a letter to our office stating that you have received this request. Sincerely, gc�4�- Ronni Hodges President and General Partner Mayor Guy Goodson City of Beaumont 801 Main Beaumont, Texas 77704 RE: Northwood Crossing Beaumont, Texas Dear Mayor Goodson: January 26, 2006 K. T. "Ike" Akbari Itex Developers, LLC is submitting an application to the Texas Department of Housing and Community Affairs (TDHCA) for tax credits to build 120 units to be known as "Northwood Crossing" to be located on approximately 9 acres at North Major Drive at Pindo Circle, Beaumont, Texas. This development will be comparable to the finest development in your City and includes many amenities such as community center, computer lab/business center, children's playground, etc. This project will serve residents earning 60% of median income and 10% of the units to be allocated for tenants with 30% of median income Enclosed are our preliminary plans. In order to be competitive in obtaining the credits it is imperative for us to have a commitment of development funds in the form of a loan/grant from the local political subdivision for an amount of $3,501.00 per unit for a total of $420,120.00. This will maximize our chance of obtaining a maximum of 18 points. The loan can be committed from several sources available to your City including Home Funds, permit fees, water and sewer tap fees, etc. Your commitment is necessary prior to our submitting our application which is due by February 17th F Mayor Guy Goodson Page Two January 26,2006 For your convenience we are enclosing a commitment form which can be used. You can also obtain additional information from my attorney Toni Jackson with Coats/Rose, 3 Greenway Plaza, Suite 2000, Houston, Texas 77046, telephone (713) 653- 7392 or you can call me at (409) 724-0020, ext. 115. KTA/gb Encls. C: Mr. Kyle Hayes, City Manager Sincerely, ITEX DEVELOPERS, LLC P By: Akbari RE: Proposed terms for Grant or Loan for Apartments Dear The Housing and Community Development Department ("Department") of the City of , Texas ("Lender/Grantor"), is presently processing a request for funding for the above referenced development. Any funding provided will be in the form of a loan or grant or a combination of both depending upon the outcome of the Department's underwriting analysis. In response to your request for a term sheet for this development, we are providing the following information for your use. The terms of this document are not binding on Lender/Grantor unless or until the application has been fully processed, a Conditional Commitment has been issued and until any Loan and/or Grant has been executed by the Lender/Grantor and Borrower/Grantee, and has been submitted by the Lender/Grantor to the Mayor of the City of (the "Mayor") and the City Council (the "City Council") for approval and the City Council has passed a city ordinance (an "Ordinance") approving same as a binding legal Loan and Grant on the part of the City of BORROWER. The Borrower/Grantee shall be LOAN AND GRANT AMOUNT. The amount of the Loan and/or Grant has not been determined. The Borrower/Grantee has requested However, any loan and/or grant approved shall be in an amount and upon terms sufficient to insure the success of the development based upon a mutually agreed upon budget and adequate funding provided through other financing and affordable housing tax credits approved by the Texas Department of Housing and Community Affairs. The Lender/Grantor shall also fund the loan in installments based upon certain completion benchmarks as established by the Lender/Grantor. PROPERTY. will be a newly constructed, unit affordable apartment development. The acre site is located at I , Texas. The project will consist of one and two bedroom units in residential buildings with a separate clubhouse/leasing facility. PRINCIPAL(S). K.T. Akbari and ftex Developers. PLANS, SPECIFICATIONS. Borrower/Grantee must provide the Lender/Grantor with two (2) complete sets Specifications, signed and dated by Borrower/Grantee and certified by Borrower's/Grantee's architects and appropriate engineers (and with the seals of such architects and engineers affixed), and containing all certificates and approvals required by all governmental authorities having jurisdiction over the Project, which show the proposed amenities, construction specifications, site plans, renderings, floor plans, landscaping and any other items necessary for the Lender/Grantor to confirm the acceptability of the Project's construction and finish. Such Specifications shall additionally provide evidence satisfactory to the Lender/Grantor, in the Lender's/Grantor's sole discretion, of adequate parking arrangements and satisfactory community amenities to be available to the residents of the Project. Such Plans and Specifications must meet with Lender/Grantor approval prior to closing. FEES. Project, Management, Consulting and Developer Fees shall be payable only pursuant to the approved Final Budget and only if such Fees are not excluded under applicable federal law from federal wage requirements. Such fees may be limited by Lender/Grantor to insure development success and completion at the sole discretion of the Lender/Grantor. RESERVES. Upon completion of construction and Rent Stabilization, the Borrower/Grantee shall establish a Reserve account. Such escrow accounts shall be pledged to secure the Senior Loan and the Loan. RESTRICTIVE COVENANTS. Fifty-one percent of the units will be restricted as affordable housing units for a minimum period of ten years. TERM OF LOAN AND/OR GRANT. A term sufficient to satisfy the needs of the transaction to meet federal requirements, e.g. applicable federal rate (AFR) for the loan. RATE OF INTEREST. To be determined. PAYMENT OF PRINCIPAL AND INTEREST. To be determined. SECURITY. The loan shall be secured by a second lien mortgage and deed of trust agreement on the proposed development. Both parties acknowledge that Borrower/Grantee has not furnished Lender/Grantor with a final legal description of the Land and Lender/Grantor has not yet approved the Land or a description of the Land or a description thereof as collateral for the Loan. APPRAISED VALUE REQUIREMENTS. Borrower/Grantee, at Borrower's/Grantee's expense, shall furnished Lender/Grantor with an appraisal of the development prepared by an MAI appraiser designed by Lender/Grantor (or an appraiser satisfactory to Lender/Grantor in Lender's/Grantor's sole discretion). FIRST LIENHOLDER. Borrower/Grantee shall provide an executed construction/permanent loan commitment from an approved lending institution as well as written approval of the Development by the Texas Department of Housing and Community Affairs for Tax Credits in an amount sufficient to adequately fund the development. TAX CREDITS. The terms and conditions of any commitment or resulting loan and/or grant agreement will be subject to the receipt of tax credits for this development and a subsequent commitment for purchase of those tax credits. ENVIRONMENTAL STUDY. Borrower/Grantee is to provide, at Borrower's/Grantee's sole cost and expense, a satisfactory unqualified Phase I environmental site assessment performed by an environmental services firm selected by Borrower/Grantee, which states to the best of the knowledge of the inspecting firm that the Project is free from any Hazardous Materials and Hazardous Wastes, as those terms are defined by federal and state statutes, laws and regulations. Such environmental study shall be in compliance with HUD's requirements and in compliance with 24 CFR 58. Sincerely, City of Y u� C GRIFFING PLACE UNIT 1 <<+� S 4p 4 ��iA RAY6RDId0 S ARG run < POOL RAY �i GRIFFING VILLA UNIT 2 LOT 1 BLOCK 3 VCL17. P4 27. KJL1L (CALLED 1.4313 ACRES) S ■-t7w E _(aun s avw TFAA.3 OLIAM N WOVE EIGHWAY FJL 384 can Wu sAm Iwo 151 TF: FLAN NMTH SCALE I" = X00'-0" O urLf(T f •� 1 S VOL. 11. P4 3l. I(R.1G KAL / �•IfIIY T/l1IOED 1012 P6 BLOCK 2 (�> (CALLED 1.777 ACRES) b�na1 wo lers >C 111 »6 Acro 6"5 cale.r. w.200 (109) °°s -7a3 ru w BEAUMONT, TEXAS _/? p (D e.olnwA nL 7r)06°°6 FAX ('°°)'6e-'' L NN O urLf(T f •� 1 S VOL. 11. P4 3l. I(R.1G KAL / �•IfIIY T/l1IOED 1012 P6 BLOCK 2 (�> (CALLED 1.777 ACRES) b�na1 wo lers >C 111 »6 Acro O urLf(T f KAL � "NORTHWOOD CROSSING AlOF 9f OF 5 1TOTAL APARTMENTS Pfrp L Lap, ALA . KhdwV A. LOM • draro R Va— vcE7 wo. 2602Ai 6"5 cale.r. w.200 (109) °°s -7a3 ru w BEAUMONT, TEXAS _/? p (D e.olnwA nL 7r)06°°6 FAX ('°°)'6e-'' 71 Q r- n o• A I O � I mJ V Co v ! , F G Z z r •� O KITGNEH zO ° o 3 u v r b'O � fll Knt+e l 3 K& K� NORTHWOOD CROSSING :A2 CW5 APARTMENTS M`� A• JL � • �0 2602A2 su Na e4M CGUW. � sae (40) W—sw BEAUMONT, TEXAS S mn mi BC M06 FAX (.w) W -3W3 CM -M (at) xvi SYX31 'Aorinne a+c-9sa (oo►) vot �+s '+�vv� sv+o f4Z09L 'ow Lara Tr101 woo" -d A --r . �„► m � • ,, I a� S1N3WIHVdd a30 E Et% ONISSOHO OOOMHIHON N W 2 Q O Iz m Q ~ _ } ::!) tLj ccl —I tu — � O t= t— J Ox< %J ul 0Un -7 m N rl O na (as) ses-xw O = N m ■ �ui� z: IIS I ilil' ++ !_i111111 it i ! I11Iill l KAL NORTHWOOD CROSSING E��m61APARTMENTS OF5602A4 �'~°^ 2 FXE „o. BEAUMONT, TEXAS 64Mroar, R& 2W (4W) 8W—UQ e.a.—M. TX 77706 na (as) ses-xw m rn O O � O O O C p r i Il { illll ll� 111111111 U1 O z nu; unli n 11� II11o�I�fl)� N I 33 � " NORTHWOOD CROSSING A5 OF •. 50F 5 APARTMENTS p � �. � • A. L ..� V- "on spm w. 2602A5 N0. esm Caner, stn 2M (4W) l66—]M7 BEAUMONT, TEXAS + nc � reX (as) nee—� 01/19/2006 THU 11:32 FAX 336 722 3603 LANDMARK ASSET SERVICES THE LANDMARK GROUP WWW. LAND MARKDEVELOP MEN T.BIZ 406 E. FOURTH ST., WINSTON-SALEM, NC 27101 PHONE 336-714-8915 FAX 336-722-3603 EMAIL; FITCH@LANDMARKDEVELOPMENT.BIZ FACSIMILE TRANSMITTAL SHEET TO! FROM: Kyk, Hayes Paul V. Fitch COMPANY: DATF.: City of Beaumont 1/19/2006 FAX NUMBER: TOTAL NO. OF PAGES INCLUDING COVER: 409.880.3112 1'� PHONE NUMBER: SP.ND F,RF.S 71PTIFRENCE NUMBER 409.880.3708 RE: YOUK KVIIEKKNLE NUMBER: - Texas Tax Crulit Scoring ` W. n fiudtl•,t ❑ URGENT ❑ FOR REVTRW ❑ PLEASE COMMENT ❑ PLEASP. RT+PLY 11 PLEASL•" RECYCLE NOTES/C.OMMENTS: Kyle and Lenny Attached is the pre application scoring for region 5 that we are competing the following is our 11121 is - The initial scoring from Texas Housing Development and Finance Authority were released yesterday, January 18, 2006. Our score of 147 was the third highest in the region and the highest score in Beaumont. The score of 147 does not include the possible 14 points available from a letter of support from Senator Williams and Representative Deshotel. I will contact Sandy at Senator Williams's office today to give her the project number to complete her support letter from Senator Williams. There is also an additional 12 points that we can receive if we receive a positive support letter form the Downtown Neighborhood Association. Therefore we have an excellent opportunity if we can get these 26 additional points. Orange County is competing in a different category, the Rural Development pool of tax credits, therefore Representative Deshotel can support one of the Orange County developments as well as a Beaumont development and 1 have spoken with him about our development and he supports the Downtown Beaumont Lofts development. 2001/003 01/19/2006 THU 11:33 FAX 336 722 3603 LANDMARK ASSET SERVICES Z 002/003 Yesterday, there was a workshop in Austin to discuss how $3,500,000 of additional tax credits would be distributed to the 21 Texas counties that were impacted by Hurricane Rita. Our consultant from Austin attended the workshop and reports that Senator Williams and Representative behotel were very effective and also very forceful in representing both Beaumont and Jefferson County. Hopefwly this additional allocation will have a favorable impact on our development in downtown Beaumont. There is a maximum score of 160 points possible on the pre applications. One of the biggest point categories is local community financial support. There are 18 points possible if a development receives a commitment of $3501 dollars of support per -0-110 apartment unit from the local community. If an applicant does not receive the commitment of local community financial support, the applicant would receive a score of 142 points. Given the maximum score of 160 points and that the top five applications are scoring more than 142 points, it is evident that the top five applicants are competing for the community financial support. Therefore, this support from Beaumont will be critical in order to win the tax credit award. If you have any questions give me a call. 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E � "te 2 0 RL u qb3 a a m m N v g g ppu 3� W� o v 4 G 1 a m a p d L E E Eto a E E U 195 o u7 LO e a to z m d fn a`°i in o a o a " ai°i m as m N v d I £ rm � f <C3 o d S � r C O o o O O I —CAM, ' Z i �5 0 a o m m E K d m v c o -3 O W +e°eppt Qo p` A !rf .d o Q� i7 r+ O 0 5 V5 g a C p a g x v ti- ui e io c W g Q a o � 1f VJ Q O O m qa 4 to in Ul r 2 C� N N N N m � � � U E o e a06 co F IL E E : e E E r3 p to<7 c9 o Q c L 4 p� g PNf 4 m O 2 O W o c ii 4$ m o g q O m o g o 4D Q m O 11003/003 r LOO I w O CL 00 Wia < F Lo P1 P Cl i0 N g tD OI (` N a � I 0 C -4 w w W> w w G 4 y} N I I S D LL u I i U'i rN-- n ai L a I i0° m m A po b S F. Ln I Li ❑ u n ❑ n ❑ N ❑❑ 0 L ❑ N ❑ [% ❑ ❑ n ❑ ❑ ❑ ❑ N I a 0 I I � I < c v; a$A cr a dI a E a I I 3 c maw; T uw O O to m I n ( a z it =�a —L v 1 a Zo `8 I ad ca mro C• eUQ L tl OQ U S y' O to N Cpt�l W I§ m � 3 oc 1.2 GC E O m r I I ❑ off] L5 C4 j LON2ig d! � 4+m2 oC �oe $ I 15 ���a�q11 � o m 0. E c 2 0 RL ❑ a a m m N a �� Q ppu 3� W� o v 4 G 1 a m a p zr} L Q� d H< F I c 0.IXR Yf 195 k*j u7 LO w W) to I Q VD N 3 ..chi " N v S I £ rm � f <C3 o d S C5 o to O C O S O O I —CAM, ' Z WORKS S SION 2 100% NO SMOKING DRAFT ORDINANCE NO. ENTITLED AN ORDINANCE ENACTING A NEW CHAPTER FOUR OF THE CODE OF ORDINANCES REGULATING SMOKING IN PUBLIC PLACES; CREATING OFFENSES; PROVIDING PENALTIES; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR REPEAL. WHEREAS, numerous studies havefound thattobacco smoke is a major contributor to indoor air pollution, and that breathing secondhand smoke (also known as environmental tobacco smoke) is a cause of disease in healthy nonsmokers, including heart disease, stroke, respiratory disease, and lung cancer. The National Cancer Institute determined in 1999 that secondhand smoke is responsible forthe early deaths of up to 65,000 Americans annually; and WHEREAS, the Public Health Service's National Toxicology Program (NTP) has listed secondhand smoke as a known carcinogen; and WHEREAS, a study of hospital admissions for acute myocardial infarction in Helena Montana, before, during and after a local law eliminating smoking in workplaces and public places was in effect, has determined that laws to enforce smoke-free workplaces and public places may be associated with a reduction in morbidity from heart disease; and WHEREAS, secondhand smoke is particularly hazardous to elderly people, individuals with cardiovascular disease, and individuals with impaired respiratory function, including asthmatics and those with obstructive airway disease. Children exposed to secondhand smoke have an increased risk of asthma, respiratory infections, sudden infant death syndrome, developmental abnormalities, and cancer; and Page 1 G:\RMW\NO SMOKING ORD 100%.WPD 100% NO SMOKING WHEREAS, the Americans With Disabilities Act, which requires that disabled persons have access to public places and workplaces, deems impaired respiratory function to be a disability; and WHEREAS, the U.S. Surgeon General has determined that the simple separation of smokers and nonsmokers within the same airspace may reduce, but does not eliminate, the exposure of nonsmokers to secondhand smoke. The Environmental Protection Agency has determined that secondhand smoke cannot be reduced to safe levels in businesses by high rates of ventilation. Air cleaners, which are only capable of filtering the particulate matter and odors in smoke, do not eliminate the known toxins in secondhand smoke; and WHEREAS, The Centers for Disease Control and Prevention has determined that the risk of acute myocardial infarction and coronary heart disease associated with exposure to tobacco smoke is non-linear at low doses, increasing rapidly with relatively small doses such as those received from secondhand smoke or actively smoking one or two cigarettes a day, and has warned that all patients at increased risk of coronary heart disease or with known coronary artery disease should avoid all indoor environments that permit smoking; and WHEREAS, a significant amount of secondhand smoke exposure occurs in the workplace. Employees who work in smoke-filled businesses suffer a 25-50% higher risk of heart attack and higher rates of death from cardiovascular disease and cancer, as well as increased acute respiratory disease and measurable decrease in lung function; and Page 2 G:\RMW\NO SMOKING ORD 100%.WPD 100% NO SMOKING WHEREAS, smoke-filled workplaces result in higher worker absenteeism due to respiratory disease, lower productivity, higher cleaning and maintenance costs, increased health insurance rates, and increased liability claims for diseases related to exposure to secondhand smoke; and WHEREAS, smoking is a potential cause of fires; cigarette and cigar burns and ash stains on merchandise and fixtures causes economic damage to businesses; and WHEREAS, the smoking of tobacco is a form of air pollution, a positive danger to health, and a material public nuisance; and WHEREAS, the purposes of this ordinance are (1) to protect the public health and welfare by prohibiting smoking in public places and places of employment; and (2) to guarantee the right of nonsmokers to breathe smoke-free air, and to recognize that the need to breathe smoke-free air shall have priority over the desire to smoke; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: Section 1. THAT a new Chapter Four be enacted to read as follows: Page 3 G:\RMW\NO SMOKING ORD 100%.WPD 100% NO SMOKING "Chapter 4 SMOKING IN PUBLIC PLACES. ARTICLE I. GENERAL PROVISIONS. Sec. 4-1. Definitions. (1) Employee means any person who is employed in consideration of direct or indirect monetarywages, commissions or profits and any contract employee. Employee includes a person who volunteers for a non-profit entity. (2) Employer means a person that employs the services of one or more individuals. (3) Enclosed Area means a space that is enclosed on all sides by solid impermeable walls that extend from the floor to the ceiling, inclusive of windows and doors. (4) Fraternal Organization means a nonprofit organization that: (a) is chartered by a national organization in existence since 1953; (b) is tax exempt under Section 501(c)(8), (10), or (19) of the Internal Revenue Code; (c) operates under a lodge system with a representative form of government; and (d) is organized for the exclusive benefit of the members of the organization and their dependents. (5) Operator means the owner or person in charge of a public place or workplace, including an employer. (6) Public Place means an enclosed area or any portion thereof that is accessible by the public or which the public is admitted by general invitation or that is an enclosed workplace. (7) Private Club means any building, premise or portion thereof which is permitted by the state as a private club for the storing, possession an Page 4 G:\RMW\NO SMOKING ORD 100%.WPD 100% NO SMOKING dispensing for on premises consumption of alcoholic beverages. The term "private club" additionally includes a premise operated by an organization which is not available to and not customarily used by the general public and entry and privileges thereto are established by regulations of that organization distinct from a Texas Alcohol and Beverage private club membership. (8) Retail Tobacco Store means a retail store used primarily for the sale of tobacco products and accessories and in which the sale of other non - tobacco products is incidental. (9) Smoke or Smoking means to inhale or exhale smoke from or to light, hold, or carry a lighted cigarette, cigar, pipe, or other device used for smoking. (10) Workplace means an enclosed area under the control of a public or private employer in which employees work or have access during the course of their employment. Sec. 4-2. Smoking Prohibited. (A) A person commits an offense if the person smokes in an enclosed public place within the City of Beaumont. (B) A person commits an offense if the person smokes in an enclosed area in a building or facility owned, leased, or operated by the City. (C) A person commits an offense if the person smokes in an enclosed area of a workplace. (D) Except as provided in Section 4-10 (Outdoor Distance Exception) a person commits an offense if the person smokes within a distance of fifteen feet (15') from the primary public pedestrian entrance to or an operable window of an enclosed area in which smoking is prohibited. (E) The owner, operator or other person in control of a public place commits an offense if the person fails to take reasonable steps to prevent or stop another person from smoking in an enclosed area in a public place. (F) A person commits an offense if the person smokes in the seating area of an outdoor arena, stadium or amphitheater. Page 5 G:\RMw\NO SMOKING ORD 100%.WPD 100% NO SMOKING Sec. 4-3. Signs Required. (A) The owner, operator, or other person in control of a public place or workplace where smoking is prohibited shall conspicuously post a sign at each entrance to the premises clearly stating that smoking is prohibited on the premises or is only permitted in designated areas of the premises. (B) The owner, operator, or other person in control of a public place shall conspicuously post signs in areas where smoking is permitted under Article II (Exceptions). (C) A sign posted under this section shall include the telephone number at the Public Health Department where a person may call to make a complaint under this chapter. (D) It is an affirmative defense to prosecution under this chapter that an owner, operator, or other person in control of the premises failed to post a sign required under this section. Sec. 4-4. Employer Responsibilities. (A) Except as provided in Subsection (B), an employer shall provide a smoke- free workplace for employees. (B) If an employer requires employees to work in an area described in Article II (Exceptions), the employer shall make reasonable accommodations for an employee who requests assignment to a smoke-free area. (C) An employer shall notify each employee and applicant for employment in writing that: (1) smoking in the workplace is prohibited; or (2) smoking is only permitted in designated areas of the workplace under Article II (Exceptions). Sec. 4-5. Removal of Ashtray or Smoking Accessory. The owner, operator, or other person in control of a public place and an employer shall remove any ashtray or other smoking accessory from a place where smoking is prohibited. Page 6 G:\RMW\NO SMOKING ORD 100%.WPD 100% NO SMOKING Sec. 4-6. Voluntary Designation of a Non -Smoking Facility. Nothing in this chapter implies that the owner, operator, or other person in control of an outdoor public place is prohibited from designating the entire facility as non-smoking. Smoking shall be prohibited in any place in which a sign conforming to the requirements of Section 4-3 is posted. Sec. 4-7. Public Education. (A) The city manager or his designee shall: (1) develop a comprehensive tobacco education program to educate the public about the harmful effects of tobacco and its addictive qualities; (2) conduct informational activities to notify and educate businesses and the public about this chapter; and (3) coordinate the City's tobacco education program with other civic or volunteer groups organized to promote smoking prevention and tobacco education. (B) To implement this section, the city manager or his designee may publish and distribute educational materials relating to this chapter to businesses, their employees, and the public. Sec. 4-8. Application of Other Law. This chapter is cumulative of other laws that regulate smoking. ARTICLE II. EXCEPTIONS Sec. 4-9. General Exceptions. This chapter does not apply to: (1) a dwelling unit, as defined in Section 30-4(b)(20), that is used exclusively for private residential use; (2) a hotel or motel room that is ordinarily used for sleeping and is designated as a smoking room, except that no more than twenty-five percent (25%) of Page 7 G:\RMW\NO SMOKING ORD 100%.WPD 100% NO SMOKING the rooms in a hotel or motel rented to guests may be designated as smoking rooms; (3) a retail tobacco store that is mechanically ventilated to prevent smoke from entering a non-smoking area; (4) a facility operated by a fraternal organization for a charitable, benevolent, or educational function if the facility is controlled by the organization and operated exclusively for the benefit of the membership; (5) an outdoor area of a public place that is not in the area described by Subsection 4-2(D) (Smoking Prohibited); (6) private clubs; (7) outdoor areas of workplaces except as provided for by the provisions of Sections 4-2(D) or 4-10; and (8) participants in an authorized theatrical performance. Sec. 4-10. Outdoor Distance Exception. A person may smoke within fifteen feet (15') of an entrance to a restricted smoking facility if: (1) the entrance is not the primary public pedestrian entrance to the premises; or (2) the distance between the entrance and the adjacent roadway is less than fifteen feet (15'). ARTICLE III. PENALTIES AND ENFORCEMENT Sec. 4-11. Retaliation Prohibited. A person commits an offense if the person discharges, refuses to hire, or retaliates against a customer, employee, or applicant for employment because the customer, employee, or applicant for employment reports a violation of this chapter. Page 8 GARMVNNO SMOKING ORD 100%.WPD 100% NO SMOKING Sec. 4-12. Enforcement. (A) This section is cumulative of other laws providing enforcement authority. (B) A person may report a violation of this chapter to the director of the Public Health Department or his/her designee. (C) The city manager or his designee may authorize a city employee conducting an inspection under any provision of the Code to also inspect for compliance with this chapter and issue a citation for a violation of this chapter. (D) The director of the Public Health Department or his/her designee may enforce this chapter and may seek injunctive relief. Sec. 4-13. Enforcement Guidelines. The city manager or his designee shall adopt enforcement guidelines applicable to this chapter. Sec. 4-14. Violation and Penalty. (A) A person who violates the provisions of this chapter commits a Class C misdemeanor, punishable under Section 1-8 (General Penalty) by a fine not to exceed Five Hundred Dollars ($500). A culpable mental state is not required for a violation of this chapter, and need not be proved. (B) Each day an offense occurs is a separate violation." 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. Page 9 GARM1MNO SMOKING ORD 100%.WPD 100% NO SMOKING Section 3. That all ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only. PASSED BY THE CITY COUNCIL of the City of Beaumont this the day of 2006. - Mayor Guy N. Goodson - Page 10 G:\RMW\NO SMOKING ORD 100%.WPD ORDINANCE NO. DRAFT ENTITLED AN ORDINANCE ENACTING A NEW CHAPTER FOUR OF THE CODE OF ORDINANCES REGULATING SMOKING IN PUBLIC PLACES; PROVIDING FOR A SMOKING PERMIT AND RENEWAL; CREATING OFFENSES; PROVIDING PENALTIES; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR REPEAL. WHEREAS, numerous studies have found that tobacco smoke is a major contributor to indoor air pollution, and that breathing secondhand smoke (also known as environmental tobacco smoke) is a cause of disease in healthy nonsmokers, including heart disease, stroke, respiratory disease, and lung cancer. The National Cancer Institute determined in 1999 that secondhand smoke is responsible forthe early deaths of up to 65,000 Americans annually; and WHEREAS, the Public Health Service's National Toxicology Program (NTP) has listed secondhand smoke as a known carcinogen; and WHEREAS, a study of hospital admissions for acute myocardial infarction in Helena Montana, before, during and after a local law eliminating smoking in workplaces and public places was in effect, has determined that laws to enforce smoke-free workplaces and public places may be associated with a reduction in morbidity from heart disease; and WHEREAS, secondhand smoke is particularly hazardous to elderly people, individuals with cardiovascular disease, and individuals with impaired respiratory function, including asthmatics and those with obstructive airway disease. Children exposed to secondhand smoke have an increased risk of asthma, respiratory infections, sudden infant death syndrome, developmental abnormalities, and cancer; and Page 1 G:\RMW\NO SMOKING ORD.WPD WHEREAS, the Americans With Disabilities. Act, which requires that disabled persons have access to public places and workplaces, deems impaired respiratory function to be a disability; and WHEREAS, the U.S. Surgeon General has determined that the simple separation of smokers and nonsmokers within the same airspace may reduce, but does not eliminate, the exposure of nonsmokers to secondhand smoke. The Environmental Protection Agency has determined that secondhand smoke cannot be reduced to safe levels in businesses by high rates of ventilation. Air cleaners, which are only capable of filtering the particulate matter and odors in smoke, do not eliminate the known toxins in secondhand smoke; and WHEREAS, The Centers for Disease Control and Prevention has determined that the risk of acute myocardial infarction and coronary heart disease associated with exposure to tobacco smoke is non-linear at low doses, increasing rapidly with relatively small doses such as those received from secondhand smoke or actively smoking one or two cigarettes a day, and has warned that all patients at increased risk of coronary heart disease or with known coronary artery disease should avoid all indoor environments that permit smoking; and WHEREAS, a significant amount of secondhand smoke exposure occurs in the workplace. Employees who work in smoke-filled businesses suffer a 25-50% higher risk of heart attack and higher rates of death from cardiovascular disease and cancer, as well as increased acute respiratory disease and measurable decrease in lung function; and WHEREAS, smoke-filled workplaces result in higher worker absenteeism due to respiratory disease, lower productivity, higher cleaning and maintenance costs, increased Page 2 G:\RMW\NO SMOKING ORD.WPD health insurance rates, and increased liability claims for diseases related to exposure to secondhand smoke; and WHEREAS, smoking is a potential cause of fires; cigarette and cigar burns and ash stains on merchandise and fixtures causes economic damage to businesses; and WHEREAS, the smoking of tobacco is a form of air pollution, a positive danger to health, and a material public nuisance; and WHEREAS, between 2000 and 2004, cigarette use among middle school and high school youth in the Beaumont/Port Arthur comprehensive program area decreased at more than four times the state rate; and WHEREAS, statewide, Texas youth cigarette use increased among middle school youth and decreased only slightly at the high school level between 2001 and 2004; and WHEREAS, comprehensive community-based tobacco use prevention and control programs are effective in reducing youth cigarette use; and WHEREAS, the purposes of this ordinance are (1) to protect the public health and welfare by prohibiting smoking in public places and places of employment; and (2) to guarantee the right of nonsmokers to breathe smoke-free air, and to recognize that the need to breathe smoke-free air shall have priority over the desire to smoke; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: Section 1. THAT a new Chapter Four be enacted to read as follows: Page 3 G:\RMW\NO SMOKING ORD.WPD "Chapter 4 SMOKING IN PUBLIC PLACES. ARTICLE I. GENERAL PROVISIONS. Sec. 4-1. Definitions. (1) Bar means an establishment which has more than seventy (70) percent of its annual gross sales in alcoholic beverages and which is devoted to the serving of alcoholic beverages for consumption by guests on the premises and in which the serving of food is only incidental to the consumption of such beverages and where minors are not allowed admittance unless accompanied by a parent or legal guardian. Restaurants that contain a bar are not considered a "bar" because minors are admitted in these areas. (2) Designated Smoking Area means an area in a public place in which an operator or employer permits smoking under this chapter. (3) Employee means any person who is employed in consideration of direct or indirect monetarywages, commissions or profits and any contract employee. Employee includes a person who volunteers for a non-profit entity. (4) Employer means a person that employs the services of one or more individuals. (5) Enclosed Area means a space that is enclosed on all sides by solid impermeable walls that extend from the floor to the ceiling, inclusive of windows and doors. (6) Fraternal Organization means a nonprofit organization that: (a) is chartered by a national organization in existence since 1953; (b) is tax exempt under Section 501(c)(8), (10), or (19) of the Internal Revenue Code; (c) operates under a lodge system with a representative form of government; and (d) is organized for the exclusive benefit of the members of the organization and their dependents. Page 4 G:\RMW\NO SMOKING ORD.WPD (7) Operator means the owner or person in charge of a public place or workplace, including an employer. (8) Public Place means an enclosed area or any portion thereof that is accessible by the public or which the public is admitted by general invitation or that is an enclosed workplace. (9) Private Club means any building, premise or portion thereof which is permitted by the state as a private club for the storing, possession an dispensing for on premises consumption of alcoholic beverages. The term "private club" additionally includes a premise operated by an organization which is not available to and not customarily used by the general public and entry and privileges thereto are established by regulations of that organization distinct from a Texas Alcohol and Beverage private club membership. (10) Private Function means the rental of a ballroom, restaurant, private club, or other facility for the sole purpose of entertaining, private parties, events or other social functions. (11) Restaurant means a premise primarily engaged in the preparation and sale of food, with or without alcohol, for on -premises or off -premises consumption, including a bar area located in a restaurant. The term shall include restaurant outdoor seating areas where food service is provided to its patrons. (12) Retail Tobacco Store means a retail store used primarily for the sale of tobacco products and accessories and in which the sale of other non - tobacco products is incidental. (13) Smoke or Smoking means to inhale or exhale smoke from or to light, hold, or carry a lighted cigarette, cigar, pipe, or other device used for smoking. (14) Workplace means an enclosed area under the control of a public or private employer in which employees work or have access during the course of their employment. Sec. 4-2. Smoking Prohibited. (A) Except as permitted in this chapter, a person commits an offense if the person smokes in an enclosed public place within the City of Beaumont. Page 5 G:\RMW\NO SMOKING ORD.WPD (B) A person commits an offense if the person smokes in an enclosed area in a building or facility owned, leased, or operated by the City. (C) Except as permitted in this chapter, a person commits an offense if the person smokes in an enclosed area of a workplace. (D) Except as provided in Section 4-12 (Outdoor Distance Exception) a person commits an offense if the person smokes within a distance of fifteen feet (15') from the primary public pedestrian entrance to or an operable window of an enclosed area in which smoking is prohibited. (E) The owner, operator or other person in control of a public place commits an offense if the person fails to take reasonable steps to prevent or stop another person from smoking in an enclosed area in a public place. (F) Except as permitted in this chapter, a person commits an offense if the person smokes in the seating area of an outdoor arena, stadium or amphitheater. Sec. 4-3. Signs Required. (A) The owner, operator, or other person in control of a public place or workplace where smoking is prohibited shall conspicuously post a sign as provided by the Health Department: (1) at each entrance to the premises clearly stating that: (a) smoking is prohibited on the premises; (b) smoking is permitted on the premises; or (c) smoking is only permitted in designated areas of the premises; (2) in an area in a restricted smoking facility designated as a smoking area stating that smoking is permitted in the area; and (3) in an area in a restricted smoking facility designated as a non- smoking area stating that smoking is prohibited in the area. (B) The owner, operator, or other person in control of a public place shall conspicuously post signs in areas where smoking is permitted under Article II (Exceptions). Page 6 G:\RMW\NO SMOKING ORD.WPD (C) An owner, operator, or other person in control of a public place where smoking is permitted under Sections 4-14 (Unrestricted Smoking Facility) or 4-15 (Restricted Smoking Facility) shall conspicuously display the window decal issued by the director of the Health Department. (D) A sign posted under this section shall include the telephone number at the - Public Health Department where a person may call to make a complaint under this chapter. (E) It is an affirmative defense to prosecution under this chapter that: (1) an owner, operator, or other person in control of the premises failed to post a sign required under this section; or (2) the person is in possession of the burning tobacco product or smokes tobacco exclusively within a validly permitted unrestricted or restricted smoking area. Sec. 4-4. Employer Responsibilities. (A) Except as provided in Subsection (B), an employer shall provide a smoke- free workplace for employees. (B) If an employer requires employees to work in an area described in Article II (Exceptions), the employer shall make reasonable accommodations for an employee who requests assignment to a smoke-free area. (C) An employer shall notify each employee and applicant for employment in writing that: (1) smoking in the workplace is prohibited; (2) smoking in the workplace is permitted; or (3) smoking is only permitted in designated areas of the workplace under Article II (Exceptions). Sec. 4-5. Removal of Ashtray or Smoking Accessory. The owner, operator, or other person in control of a public place and an employer shall remove any ashtray or other smoking accessory from a place where smoking is prohibited. Page 7 GARMWNO SMOKING ORD.WPD Sec. 4-6. Voluntary Designation of a Non -Smoking Facility. Nothing in this chapter implies that the owner, operator, or other person in control of an enclosed or outdoor public place is prohibited from designating the entire facility as non-smoking. Smoking shall be prohibited in any place in which a sign conforming to the requirements of Section 4-3 is posted. Sec. 4-7. Public Education. (A) The city manager or his designee shall: (1) develop a comprehensive tobacco education program to educate the public about the harmful effects of tobacco and its addictive qualities; (2) conduct informational activities to notify and educate businesses and the public about this chapter; and (3) coordinate the City's tobacco education program with other civic or volunteer groups organized to promote smoking prevention and tobacco education. (B) To implement this section, the city manager or his designee may publish and distribute educational materials relating to this chapter to businesses, their employees, and the public. Sec. 4-8. Application of Other Law. This chapter is cumulative of other laws that regulate smoking. ARTICLE II. EXCEPTIONS Sec. 4-9. General Exceptions. This chapter does not apply to: (1) a dwelling unit, as defined in Section 30-4(b)(20), that is used exclusively for private residential use; (2) a hotel or motel room that is ordinarily used for sleeping and is designated as a smoking room, except that no more than twenty-five percent (25%) of the rooms in a hotel or motel rented to guests may be designated as smoking rooms; Page 8 G:\RMW\NO SMOKING ORD.WPD (3) a retail tobacco store that is mechanically ventilated to prevent smoke from entering a non-smoking area; (4) an enclosed meeting room that is used for a private function; (5) a facility operated by a fraternal organization for a charitable, benevolent, or educational function if the facility is controlled by the organization and operated exclusively for the benefit of the membership; (6) an outdoor area of a public place that is not in the area described by Subsection 4-2(D) (Smoking Prohibited); (7) private clubs; (8) outdoor areas of workplaces except as provided for by the provisions of Sections 4-2 or 4-12; and (9) participants in an authorized theatrical performance. Sec. 4-10. Smoking Permitted in Certain Public Places. (A) An owner, operator or other person in control may designate a smoking area in a public place and permit smoking in the area as provided under Article I I I (Permit Requirements). (B) Except as provided by Article II (Exceptions), a person may not smoke in a public place except in a designated smoking area. Sec. 4-11. Exception for Bar or Restaurant. A person may smoke in an enclosed area of a bar if the owner or operator of the premises has obtained: (1) an unrestricted smoking permit under Section 4-14 (Unrestricted Smoking Facility); or (2) a restricted smoking permit under Section 4-15 (Restricted Smoking Facility). Sec. 4-12. Outdoor Distance Exception. A person may smoke within fifteen feet (15') of an entrance to a restricted smoking facility if: Page 9 G:1RMw\NO SMOKING ORD.WPD (1) the entrance is not the primary public pedestrian entrance to the premises; or (2) the distance between the entrance and the adjacent roadway is less than fifteen feet (15'). ARTICLE III. PERMIT REQUIREMENTS. Sec. 4-13. Permit Required. The owner, operator, or other person in control of an unrestricted or restricted smoking facility under this article must obtain a permit before the operator may allow smoking within or at the facility. Sec. 4-14. Unrestricted Smoking Facility. The owner, operator, or other person in control of a bar may permit smoking in the entire premises if: (1) the owner, operator, or other person in control obtains an unrestricted smoking permit; (2) the business premises earns not less than seventy percent (70%) of its total annual revenue from the sale of alcoholic beverages for on -premises consumption calculated as the revenue from the sale of alcoholic beverages divided by the revenue from the sale of alcoholic beverages and food combined; and (3) no one under the age of eighteen (18) is admitted to the facility unless accompanied by a parent or legal guardian. Sec. 4-15. Restricted Smoking Facility. The owner, operator, or other person in control of a bar or restaurant may permit smoking in a designated smoking area if: (1) the owner, operator, or other person in control obtains a restricted smoking permit; (2) no one underthe age of eighteen (18) is admitted to the designated smoking area unless accompanied by a parent or legal guardian; and Page 10 G:\RMW\NO SMOKING ORD.WPD (3) the designated smoking area is equipped with a separate, operational HVAC system designed to prevent smoke from entering a nonsmoking area and is separate from a dining area and is a fully enclosed area. Sec. 4-16. Permit Application; Fees; Term and Renewal. (A) The director of the Health Department shall issue a permit, including signs and window decals, to an applicant who complies with the requirements of this section. Additional signs and/or decals provided subsequent to the issuance of the original permit shall be at a cost of five dollars ($5.00) each. (B) The owner, operator, or other person in control of a bar or restaurant must file an application for a permit with the director of the Health Department on a form approved by the director and pay an application fee. (C) An application under this section shall include: (1) the name, mailing address, and telephone number of the applicant; (2) the name, address, and telephone number of the business premises at which smoking will be permitted; (3) if applicable under Section 4-14 (Unrestricted Smoking Facility), an affidavit from a certified public accountant relating to the calculation of the annual income and a copy of the alcoholic beverage permit issued to the premises; (4) a statement that the applicant has obtained a copy of this chapter and related rules and agrees to comply with this chapter, related rules, and the terms and conditions of a permit issued to the applicant; and (5) other information the director determines is necessary. (D) A permit issued under this chapter is non -transferable. (E) Every application for a permit (whether for an original permit or for renewal of an existing license) shall be accompanied by a two hundred and forty dollar ($240.00) non-refundable application fee. The director of the Health Department is hereby authorized to collect this fee as established in this section. Page 11 G:\RMW\NO SMOKING ORD.WPD (F) Permit fees for original permits issued after January 1St will be prorated on a monthly basis. A permit issued under this article is valid for a period of one (1) year from January 1 St to December 311 (G) A permittee shall file an application for renewal of a permit and pay the renewal fee before the permit's expiration date. Failure to renew shall result in a penalty of one hundred dollars ($100.00) per month and may also be subject to other penalties as may be provided for in this chapter. (H) A renewal application shall comply with the requirements of Section 4-16. ARTICLE IV. PENALTIES AND ENFORCEMENT Sec. 4-17. Retaliation Prohibited. A person commits an offense if the person discharges, refuses to hire, or retaliates against a customer, employee, or applicant for employment because the customer, employee, or applicant for employment reports a violation of this chapter. Sec. 4-18. Enforcement. (A) This section is cumulative of other laws providing enforcement authority. (B) A person may report a violation of this chapter to the director of the Health Department. (C) The city manager or his designee may authorize a city employee conducting an inspection under any provision of the Code to also inspect for compliance with this chapter and issue a citation for a violation of this chapter. (D) The director of the Health Department may enforce this chapter and may seek injunctive relief. Sec. 4-19. Enforcement Guidelines. The city manager or his designee shall adopt enforcement guidelines applicable to this chapter. Sec. 4-20. Inspections; reports. (A) Each facility for which a permit is issued shall be inspected at least once every twelve (12) months to determine compliance with this chapter. As Page 12 G:\RMW\NO SMOKING ORD.WPD many additional inspections as are determined to be necessary by the health director may be made to insure enforcement of this article. (B) Whenever an inspection is made of a public place, the findings shall be recorded on an inspection report form and a copy of each inspection report shall be provided to the person in charge of the establishment. The original inspection report shall be filed with the records of the department. (C) The inspection report form shall set forth the following: (1) the specific conditions in the smoking area, if any, that are in violation of this article; (2) that a hearing will be held before the health director if written notice of appeal is filed in the office of the director within ten (10) days after the date of the inspection; (3) that the appeal may be filed by the person in possession or control of the public place; (4) that the appeal must be filed on a form prescribed for that purpose by the director; and (5) that the person in possession or control may appear in person and/or be represented by counsel and may present testimony and may cross-examine all witnesses. If smoking areas are found to be in violation within two (2) or more enclosed areas, then a separate inspection report shall be issued for each enclosed area. Sec. 4-21. Suspension or revocation of permits. A permit may be suspended by the health director for any period of time from one (1) day to thirty (30) days, or may be revoked. The health director shall give written notice of suspension or revocation to the holder of a permit. The notice of suspension shall include the dates of the proposed suspension and the reasons therefor. The notice of revocation shall include the reasons for the proposed revocation. The holder of a permit may request a hearing by written notice to the health director within ten (10) days of the receipt of notice of suspension or revocation. Upon receipt of a written request for hearing, the health director shall notify the permit holder of the time and place for a hearing to be held not less than five (5) nor more than fifteen (15) days after receipt of request for hearing. After hearing, the health director may, upon a finding that one or more grounds Page 13 G:\RMW\NO SMOKING ORD.WPD for revocation or suspension exists, revoke or suspend the permit. If no ground for revocation or suspension is found by the health director, he shall overrule the revocation or suspension. A record shall be made of any hearing held under this section, and all costs associated with such hearing and record shall be paid by the permit holder. The health director shall render his decision in writing within ten (10) days of the conclusion of the hearing. The following shall be grounds for revocation or suspension of a permit by the health director: (1) the permit holder or an employer or any employee of the permit holder has violated any provision of this chapter; (2) the permitted premises is the location of three (3) or more violations of this chapter within a six (6) month period of time. Sec. 4-22. Appeal. Appeal of the decision to revoke or suspend a permit by the health director shall be made to the city manager and shall be heard only upon the record made of the hearing before the health director. The substantial evidence rule shall apply. The city manager or his designee shall hear said appeal upon receipt of a request in writing for such appeal received within fifteen (15) days after the date of the decision of revocation by the health director. The record of the hearing before the health director shall be attached as a part of the request for appeal to the city manager. The decision of the city manager or his designee shall be final. Sec. 4-23. Violation and penalty. (A) A person who violates the provisions of this chapter commits a Class C misdemeanor, punishable under Section 1-8 (General Penalty) by a fine not to exceed Five Hundred Dollars ($500). A culpable mental state is not required for a violation of this chapter, and need not be proved. (B) Each day an offense occurs is a separate violation." 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 Page 14 G:\RMW\No SMOKING ORD.WPD 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. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 31St day January, 2006. - Mayor Guy N. Goodson - Page 15 G:\RMW\NO SMOKING ORD.WPD WORKS S SION 3 i L CITY OF BEAUMONT PUBLIC WORKS INTEROFFICE MEMORANDUM February 2, 2006 TO: Kyle Hayes, City Manager FROM: Tom Warner, Public Works Director SUBJECT: DILAPIDATED STRUCTURES COMMENT: The following nine (9) structures were ordered raze or repair by City Council prior to Hurricane Rita. These structures were in the first ninety days of the work program when Hurricane Rita made landfall. The owners of the structures were unable to complete substantial work as required by the terms of the work program. City Council is requested to review the following structures and determine if additional time should be given or should the structures be demolished. If additional time is granted, the property owner will be required to enroll in another work program for the time specified by City Council. If additional time is not granted, the structures will be demolished without further notification to the property owner or any further Council action. 1. 5645 Comstock Road (1) 6. 1508 Neches (1) 2. 2190 Fillmore (3) 7. 2258 Pecan (1) 3. 7830 Homer Drive (4) 8. 640 2' Street (1) 4. 2356 Irving 9. 2950 Victoria (1) 5. 1832 Liberty (Garage Apartment) (2) (t) Indicates number of times structure has been enrolled in work program. .-r Tom Warner SUBSTANDARD BUILDING INSPECTION REPORT BUILDING CODES DIVISION CITY OF BEAUMONT 1 - INITIAL INSPECTION DATE November 3, 2003 WARD 1 ADDRESS OF INSPECTION 5645 Comstock Road OWNER Robert D. Tanner ET UX ADDRESS 5390 Linda Ln CITY/STATE (08)-2522 APPRAISAL VALUE Land Value 8410 Improvement Value 7790 Total Value 16200 A. Fifty (50) percent deterioration of non -supporting members? YES X NO B. Thirty-three (33) percent deterioration of supporting members? YES X NO C. Fire damaged? YES NO X D. Enrolled in Work..Repair Program? YES X NO 12/04/03 thru .0.4/04/04 MAJOR CODE VIOLATIONS: This structure was given a raze or repair order by City Council prior to Hurricane Rita. The property owner was given an opportunity to enroll in a work program to repair this 10structure. As of this date, the property owner has not enrolled. Staff has spoken with the property owner who has not always been clear or sure on what she wants to do with the property. She had at one time thought of making it into a personal storage building but zoning would not allow it. There has been no work program, no permits purchased or work completed. It appears to have had very little storm damage to the structure. There were down trees on the property. This structure is being presented for review and consideration. SEE ATTACHED PHOTOS Ll • 5645 COMSTOCK t A SUBSTANDARD BUILDING INSPECTION REPORT BUILDING CODES DIVISION CITY OF BEAUMONT 2. INITIAL INSPECTION DATE September 29, 2003 WARD 4 ADDRESS OF INSPECTION 2190 Fillmore OWNER Gaylord Veazia ADDRESS 5580 Bigner Road CITY/STATE (08)-4701 APPRAISAL VALUE Land Value 4310 Improvement Value 8840 Total Value 13150 A. Fifty (50) percent deterioration of non -supporting members? YES X NO B. Thirty-three (33) percent deterioration of supporting members? YES X NO C. Fire damaged? YES NO X D. Enrolled in Work Repair Program? YES X NO 12/01/04 thru 04/01/05 Extended until 05/04/05 07.01-05 thru 12-01-05 MAJOR CODE VIOLATIONS: This structure was given a raze or repair order by City Councilrip or to structure. A work Droeram was established with the owner but the building Dermit was not Durchased until 12/05/05 because the owner was out of state. There has been one inspection made by the electrical inspector on 01/18/06. The electrical rough in was disapproved. A plumbing rough in was approved 01/17/06. As of my last inspection on 01/12/06, all exterior siding had been replaced and painted. The structure had no windows, the interior was just stud walls and only some of the sub floors were down. There was no visible storm damage. This structure is being presented for review and consideration. SEE ATTACHED PHOTOS 0 I �) p 'VIA No Text 0 � � \ Nu, \ . �. t° �•' SUBSTANDARD BUILDING INSPECTION REPORT BUILDING CODES DIVISION CITY OF BEAUMONT 3• INITIAL INSPECTION DATE December 1, 2003 WARD 1 ADDRESS OF INSPECTION 7830 Homer Drive OWNER Alton J & Cheryl E. King ADDRESS 5750 N. Major Drive CITY/STATE (13) APPRAISAL VALUE Land Value 7000 Improvement Value 49810 Total Value 56810 A. Fifty (50) percent deterioration of non -supporting members? YES X NO B. Thirty-three (33) percent deterioration of supporting members? YES X C. Fire damaged? D Enrolled in Work Repair Program? YES YES X NO NO X NO 12/02/03 thru 04/02/04 Extended until 05/31/04 Extended until 09/01/04 Extended untii 02/28/05 MAJOR CODE VIOLATIONS: This structure was given a raze or repair order by City Council prior to Hurricane Rita. The Droperty owner was given the ODDortunity to enroll in a work Droeram to repair this structure. As of this date, the property owner has not enrolled. This structure remains in the same condition as it was when it was brought before Council in June of 2005. This structure had some repairs prior to that Council meeting but there were no inspections and some of the electrical and plumbing work was done without necessary permits or appropriate licensed contractors. The structure was still secure at last inspection. There was no visible storm damage. This structure is being presented for review and consideration. SEE ATTACHED PHOTOS 0 0 0 0 monk*. 7830 HOMER 2.ail (w) SUBSTANDARD BUILDING INSPECTION REPORT BUILDING CODES DIVISION CITY OF BEAUMONT 4. INITIAL INSPECTION DATE January 12. 2005 WARD 3 ADDRESS OF INSPECTION 2356 IrvinLy and Ga OWNER Ruby Lorine Birks ESTATE c/o Abbie Matthews ADDRESS 3175 Roberts St. CITY/STATE (01)-6535 APPRAISAL VALUE Land Value 2700 Improvement Value 23020 Total Value 25720 A. Fifty (50) percent deterioration of non -supporting members? YES X NO B. Thirty-three (33) percent deterioration of supporting members? YES X NO C. Fire damaged? YES NO X D. Enrolled in Work Repair Program? YES NO X NIAJOR CODE VIOLATIONS:This structure was given a raze or repair order by City Council prior to Hurricane Rita. The property owner was given the opportunity to enroll in a work program to repair this structure. This structure was never enrolled in a work program The ownership could not be proven There i were heirs but legal ownership could not be established A couple of the heirs did speak with the City legal department on this matter. The structure had a few repairs but work was stopped by Staff because of no work program or permits being purchased. This structure remains open and accessible There was no visible storm damage. This structure is being presented for review and consideration SEE ATTACHED PHOTOS 0 0 0 2356 IRVING Mr n ,, 4 - '.� �e r' SUBSTANDARD BUILDING INSPECTION REPORT BUILDING CODES DIVISION 0 CITY OF BEAUMONT 5. INITIAL INSPECTION DATE August 30, 2002 WARD 3 ADDRESS OF INSPECTION 1832 Liberty (Rear Garage Apartment) OWNER John Fisher ADDRESS 13695 Rolling Hills Drive CITY/STATE (13)-8411 APPRAISAL VALUE Land Value 5650 Improvement Value 15340 (More than one structure) Total Value 20990 A. Fifty (50) percent deterioration of non -supporting members? YES X NO B. Thirty-three (33) percent deterioration of supporting members? YES X C. Fire damaged? D. Enrolled is Work Repair Program? YES YES X NO NO X NO 06/16/03 thru 101,16103 69/09/0 thru 021ti9/06 MAJOR CODE VIOLATIONS: This structure was given a raze or repair order by City Council prior to Hurricane Rita. The property owner was given the opportunity to enroll in a work program to repair this structure. A work program was established with the property owner and a building permit was purchased. There was no reuairs made in the suecified time given. Staff returned to the Dronerty on 01/23/06 and the owner was present. He was attempting to make some minor repair. After speaking with the owner, he made staff aware that he did not want to rehabilitate the residential structure as a single family dwelling. Staff told him that he would need to check with zoning because it was staffs understanding that this structure could not be used for personal storage for lumber and furniture for his other rental properties. There was no visible storm damage. This structure is being_ presented for review and consideration. SEE ATTACHED PHOTOS 0 • • 0 kI CITY OF BEAUMONT PUBLIC WORKS INTEROFFICE MEMORANDUM TO: Pam Loiacano, Demolition Supervisor FROM: Adina Abshire, Planner SUBJECT: 1832 Liberty St. January 20, 2006 PD 14/06 COMMENTS That property with a street address of 1832 Liberty, and the tax roll description of Lot 2, Block 9, McFaddin 2, is located in an RCR (Residential Conservation Revitalization) district. Personal storage is not permitted in this zoning district. Adina Abshire • • 1832 LIBERTY (GARAGE APT-) \ �. , �- . .. -- wmro� �( r 0 E SUBSTANDARD BUILDING INSPECTION REPORT BUILDING CODES DIVISION 0 CITY OF BEAUMONT 6. INITIAL INSPECTION DATE July 27, 2004 WARD 3 ADDRESS OF INSPECTION 1508 Neches OWNER Timothv J. Storbeck ADDRESS 2300 E. Lucas CITY/STATE (03) APPRAISAL VALUE Land Value 2900 Improvement Value 9800 Total Value 12700 A. Fifth (50) percent deterioration of non -supporting members? YES X NO B. Thirty-three (33) percent deterioration of supporting members? YES X NO C. Fire damaged? YES NO X D. Enrolled in Work Repair Program? YES X NO 07-01-05 thru 12-01-05 MAJOR CODE VIOLATIONS: This structure was given a raze or repair order by City Council prior to Hurricane Rita. The property owner was given the opportunity to enroll in a work program to repair this structure. A work program was established with the owner and a building_ permit was purchased but no lerepairs were made. The structure is open and has no visible storm damage. This structure is being presented for review and consideration. 0 SEE ATTACHED PHOTOS 0 0 0 a 1.508 NECHES MWA EWA 10 0 ......... . . 9 i Jp SUBSTANDARD BUILDING INSPECTION REPORT BUILDING CODES DIVISION CITY OF BEAUMONT 7. INITIAL INSPECTION DATE September 16, 2004 WARD ADDRESS OF INSPECTION 2258 Pecan OWNER Willie Carson Williams 3 ADDRESS 4410 Gallagher Drive CITY/STATE Houston, Tx. 77045-4924 APPRAISAL VALUE Land Value 550 Improvement Value 2570 Total Value 3120 A. Fifty (50) percent deterioration of non -supporting members? YES X NO B. Thirty-three (33) percent deterioration of supporting members? YES X NO C. Fire damaged? YES NO X D. Enrolled in Work Repair Program? YES X NO 09109/05 thru 02/09/06 MAJOR CODE VIOLATIONS: This structure was given a raze or repair order by City Council prior to Hurricane Rita. The property owner was given the opportunity to enroll in a work program to repair this structure. A work program was established with the owner but no building permit was purchased and no re pairs were made. There is no visible storm damage. This structure is being presented for review and consideration. 0 SEE ATTACHED PHOTOS �1.Q� � tf . c_. i. ` . • : „� rpt � , • • • 0 ,� ��, �. �.,,, � 4 .... _ �� . �. �„ � . I�l��-` r Y�.,...x.,, a s t. i6w... • �J. T .�. SUBSTANDARD BUILDING INSPECTION REPORT BUILDING CODES DIVISION Is CITY OF BEAUMONT 8. INITIAL INSPECTION DATE November 12, 2004 WARD I ADDRESS OF INSPECTION 640 2nd Street OWNER Herman Johnson (CD) (Pansy Matthews (LH) ADDRESS 1795 North St. CITY/STATE (01)-1631 APPRAISAL VALUE Land Value 5280 Improvement Value 5400 Total Value 10680 A. Fifty (50) percent deterioration of non-supporting members? YES X NO B. Thirty-three (33) percent deterioration of supporting members? YES X NO C. Fire damaged? YES NO X D. Enrolled in Work Repair Program? YES X NO 07/01/05 thru 12/01/05 E. DELINQ tj ENT TAXES ARE DUE IN THE AMOUNT OF $882.79. NO SUIT FILED. MAJOR CODE VIOLATIONS: This structure was given a raze or repair order by City Council prior to Hurricane Rita. The property owner was given the opportunity to enroll in a work program to repair this structure. A work program was established with the property owner and a building permit was purchased. At the expiration of the work program there was not substantial work. The structure has been painted but rotten siding was not replaced. There is still a lot of interior work needed. Electrical and plumbing permits and electrical and plumbing work is still needed It also appears that a transient may be staying in the structure. One of the rooms has bedding, food wraps and clothing xattered throughout. The back door is unlocked. There appears to be no visible storin damage. This structure is being presented for review and consideration. SEE ATTACHED PHOTOS 0 I] • r- U L Oct � � 0 20 ��� � U 0 0640 2*» 10 SUBSTANDARD BUILDING INSPECTION REPORT BUILDING CODES DIVISION CITY OF BEAUMONT INITIAL INSPECTION DATE August 12, 2003 _ WARD ADDRESS OF INSPECTION 2950 Victoria 3 OWNER Ronald Wayne Trotti as Grd of Est of Myrtle Trotti ADDRESS 689 Kate Lowe Road CITY/STATE Livingston, Ta. 77351 APPRAISAL VALUE Land Value 2500 linprovement Value 22300 Total Value 23800 A. Fifty (50) percent deterioration of non -supporting members? YES X NO B. Thirty-three (33) percent deterioration of supporting members? YES X NO C. Fire damaged? YES NO X XF D. Enrolled in Work Repair Program? YES X NO 07-01-05 thru 12-01-05 MAJOR CODE VIOLATIONS: This structure was given a raze or repair order by Cily Council prior to Hurricane Rita. The guardian of the estate was given the opportunity to enroll in a work program to repair this structure. A work program was established with the guardian of the estate. No permits were purchased leand no repairs were made. The structure remains in the same condition as it was prior to the last public hearing. There was no visible storm damage other than a few more shingles are missing. This structure is resented for review and consideration. SEE ATTACHED PHOTOS r� • 2950 VICTORIA B AUMONT HOUSING FINANCE JEFFERSON COUNTY HOUSING FINANCE CORPORATION P.O. BOX 4915 BEAUMONT, TEXAS 77704 February 2, 2006 Mr. Kyle Hayes City Manager of Beaumont Post Office Dox 3827 Beaumont, TX 77704 Re: Jefferson County Housing Finance Corporation: (the "Corporation") - Resolution on Population Census Dear Mr. Hayes: Please find attached a Resolution we are requesting that the City approve at your upcoming City Council Yneeting. The City has previously approved a similar Resolution which expired in 2005. Thank you for your assistance in this regard. Very truly yours, Jefferson County Housing P,*c e Corporation By; Imgtn Jeff muck, President FOR * REQUESTED BY: Kyle Hayes ADMINISTRATIVE * PURPOSE EXPRESSED BY REOUESTOR: Assigning to the Jefferson County Housing Finance Corporation the authority of the Beaumont Housing Finance Corporation to issue qualified mortgage bonds in calendar years 2006 through 2009 and approving the making of home mortgage loans from the proceeds of bonds. USE ONLY * LOCATION: City of Beaumont RESOLUTION NO. A RESOLUTION ASSIGNING TO THE JEFFERSON COUNTY HOUSING FINANCE CORPORATION THE AUTHORITY OF THE BEAUMONT HOUSING FINANCE CORPORATION TO ISSUE QUALIFIED MORTGAGE BONDS IN CALENDAR YEARS 2006 THROUGH 2009; APPROVING THE MAKING OF HOME MORTGAGE LOANS WITHIN THE CITY FROM THE PROCEEDS OF BONDS ISSUED BY THE JEFFERSON COUNTY HOUSING FINANCE CORPORATION DURING SUCH CALENDAR YEAR; AND REPEALING PRIOR RESOLUTIONS OR ORDERS IN CONFLICT HEREWITH. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: WHEREAS, the Jefferson County Housing Finance Corporation (the "Corporation") is an existing housing finance corporation created in accordance with the Texas Housing Finance Corporations Act, TEX. LOC. GOV'T CODE CH. 394 (the "Act"); WHEREAS, the City Council of the City of Beaumont, Texas (the "City"), has heretofore authorized the formation of the Beaumont Housing Finance Corporation to act on behalf of the City in accordance with the Act; WHEREAS, in accordance with the Act, the City may assign the authority of the Beaumont Housing Finance Corporation to issue qualified mortgage bonds on behalf of the City to another housing finance corporation; WHEREAS, it is hereby determined that it is in the best interest of the citizens of the City to assign to the Corporation the authority of the Beaumont Housing Finance Corporation to issue qualified mortgage bonds in calendar years 2006 through 2009, and to approve the making of home mortgage loans within the City from the proceeds of bonds issued by the Corporation during such calendar years; and WHEREAS, this meeting is open to the public as required by law, and public notice of the time, place and purpose of this meeting was given as required by Chapter 551, TEX. GOVT CODE ANN. (Vernon 1994 & Supp. 2001) (the "Texas Open Meetings Act"); NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: Section 1. The findings and declarations contained in the recitals of this Resolution are incorporated herein as part of this Resolution. Section 2. The City Council hereby assigns to the Corporation the authority of the Beaumont Housing Finance Corporation to issue qualified mortgage bonds in calendar years 2006 through 2009. Section 3. The City Council hereby authorizes and approves the application of the Act to the property located within the City in accordance with Sec. 394.005 of the Act and authorizes use of the proceeds of the Corporation's bonds to be issued in calendar years 2006 through 2009 to finance mortgages for homes located within the City. Section 4. All resolutions and orders, or parts thereof, in conflict with this Resolution are hereby repealed to the extent of such conflict. Section 5. This Resolution shall take effect immediately from and after its adoption. Section 6. That a copy of this Resolution be spread upon the Minutes of the City Council. #176973 P.&t 2 READ, ADOPTED AND APPROVED this the day of February, A.D., 2006, at a Regular Meeting of the City Council of the City of Beaumont, Texas, by the following vote: AYES: NOES: Mayor ATTEST: City Secretary APPROVED AS TO FORM: APPROVED FOR ADMINISTRATION: City Attorney City Manager #176973 PW 3