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PACKET JUL 29 2008 (02)
RICH WITH OPPORTUNITY BEA,UMON* T- E- R• A• S REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS JULY 29, 2008 1:30 P.M. CONSENT AGENDA Approval of minutes Confirmation of committee appointments Barry Miller would be reappointed to the Convention and Tourism Advisory Board. The current term would expire June 17, 2010. (Mayor Becky Ames) Mary Jowers would be reappointed to the Board of Adjustment (Zoning) Committee. The . current term would expire July 22, 2010. (Mayor Becky Ames) Bob Harris would be reappointed to the Board of Adjustment (Zoning) Committee. The current term would expire July 22, 2010. (Mayor Becky Ames) Kelli Maness would be reappointed to the Board of Adjustment (Zoning) Committee. The current term would expire June 21, 2010. (Mayor Becky Ames) Kip Lamb would be reappointed to the Animal Health Advisory Committee. The current term would expire June 12, 2010. (Mayor Becky Ames) Pauline Mouton would be reappointed to the Martin Luther King, Jr. Parkway Commission. The current term would expire February 2, 2010. (Mayor Becky Ames) Bill Yoes would be reappointed as Chairman of the Historic Landmark Commission. The current term would expire July 23, 2009. (Mayor Becky Ames) A) Authorize the purchase of an expanded radio communications system from Motorola through the Houston -Galveston Area Council (HGAC) B) Authorize the acceptance of a sanitary sewer easement on property located at 7310 State Highway 105 0 C) Authorize the acquisition of property in the Van Wormer Addition for the Downtown Event Center and Lake Park D) Approve a resolution accepting maintenance of the street, storm sewer, water and sanitary sewer improvements in the Windemere Business Park E) Authorize eminent domain proceedings to acquire property for public use F) Authorize the settlement of the lawsuit of Scott Lisenby, et al v. The City of Beaumont, et al G) Authorize the settlement of the claim of Geraldine Tevis L' U 0 RICH WITH OPPORTUNITY [I 11CM ► ( T• E• X• A• S City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Bart Bartkowiak, Chief Technology Officer 10 MEETING DATE: July 29, 2008 REQUESTED ACTION: Council consider a resolution authorizing the purchase of a Microwave Network from Motorola through the Houston - Galveston Area Council (HGAC) in the amount of $214,882.27. • RECOMMENDATION Administration recommends purchasing the Microwave Network from Motorola through HGAC. BACKGROUND The City of Beaumont in conjunction with the Jefferson County Sheriffs Office operates and maintains a four tower site 800 MHz radio system with several dispatch centers. This system provides essential radio communications to our public safety agencies. AT&T data circuits (T1 circuits) connect the tower sites and dispatch centers to the master tower site so that communications can simultaneously broadcast from the tower sites. The Microwave Network will give the City of Beaumont a completely automatic protection against T1 circuit failures. Devices will constantly monitor the quality of the Tl circuits and if they degrade below a certain threshold the device will automatically switch traffic to the Microwave Network. This network will protect the 800 MHz radio system from intermittant problems with T1 circuits as well as provide communications long-term in the event of a large scale outage due to an event such as a hurricane. The annual maintenance contract with Motorola will not increase as a result of this purchase. Communications personnel will be responsible for any maintenance or repair required for this iequipment. Grant funds from the Department of Homeland Security 2007 Port Security Grant Program will be used to purchase the Microwave Network. Council Resolution No. 01-087 passed on March 20, 2007 authorized the City Manager to apply for and receive funding from this grant program. BUDGETARY IMPACT The Department of Homeland Security 2007 Port Security Grant Program requires a twenty-five percent (25%) match in the amount of $53,720.57. Funds for the match are available in the FY08 Capital Reserve. is U w 0 City of Beaumont Microwave Backup 0 • CrrY OF BEAumoNT MICROWAVE PROJECT City of Beaumont Microwave and Automatic TI Protection System Issue Description: The City of Beaumont in conjunction with the Jefferson County Sheriff's Office operates and maintains a four site Motorola Smartzone System with several dispatch centers. This is system is critical to the communication of all public safety agencies in the Golden Triangle area. In order to provide a redundant path for the T 1 used to connect the system Motorola and CWS are pleased to provide Motorola's PTP600 series microwave radios. The City of Beaumont currently has four different remote sites that need T 1 circuit protection, Consolidated Dispatch, Crown (HWY90), Port Neches (Radio Tower), and HWY 73 Tower, that all have T1 lines running to it from the main communication building on Marina Dr. The issue facing the City of Beaumont is redundancy for these T 1 connections should the T 1 fail for any reason. Solution Description: • Motorola and Commercial Wireless Solutions (CWS) have teamed up to design a solution for the City of Beaumont. The solution is designed to implement a Motorola Point -to -Point wireless Ethernet bridge from each remote site to the main site. The wireless Ethernet Bridge will be the Motorola 5.8GHz PTP600 LITE radios. This product is invisible to your network from an IT prospective and provides you with a large data pipeline (up to 150MB on the LITE version) and up to 2 -TI inputs directly into the radio. Although the Ethernet bridge is invisible to your network it can be set up with the IP scheme of your network so that it can be managed from anywhere on your network. The solution proposed would place a wireless Ethernet bridge from the main communications location to each remote site using 2 different versions of the PTP600 LITE radio. The closer site (Consolidated Dispatch) will be utilizing the integrated PTP600 Lite radio. The integrated radio has a built in panel antenna and does not require any external antenna. Given this remote site's close proximity to the main site and the roof top locations for mounting, the integrated units are a perfect match. The remaining 3 sites (all tower sites) will be utilizing the connectorized PTP600 LITE radio. Since these remote sites are upwards of 8 miles from the main site and are located on towers the connectorized versions of these radios were a perfect fit as well. By going with the connectorized version of the PTP600 LITE we can maximize the throughput and reliability as well as make maintenance a little easier by using these units. The connectorized units do require an external antenna and the antenna chosen is a 2ft dual polarized parabolic dish for Port Neches and Hwy 90 and a 3ft parabolic dish for the Hwy 73 site. • Use or disclosure of this proposal is subject to the restrictions on the tide page. Motorola Confidential Proprietary 7/1/2008 ® MOTOROLA 0 • • CITY OF BEAUMONT MICROWAVE PROJECT The 2°d and most critical portion of this solution is the Larus APS (automatic protection switch) for the T1's. Each end of the T1's will be connected into a Larus APS which will determine if the original T1 connection has been degraded below a certain threshold. At this point the Larus APS will automatically switch traffic to the protection T1 connected to the Motorola PTP600 Ethernet Bridge. This will give the City of Beaumont a completely automatic protection against T 1 failures. As soon as the T 1 (hardwire) is back to a usable signal the Larus APS will switch traffic back to the original T1. Use or disclosure of this proposal is subject to the restrictions on the We page. Motorola Confidential Proprietary 71112008 0 MOTOROLA • • • CITY OF BEAUMONT MICROWAVE PROJECT Statement of Work Commercial Wireless Solutions' methodology for implementing Motorola's Point -to -Point Wireless Ethernet Bridge System for the City of Beaumont is a complete turnkey offering including design, procurement and installation of all equipment. Our system implementation will consist of the following: Motorola Responsibilities: Main Location: o Install and configure 5 -Motorola 5.8GHz PTP600 LITE radios for T1 backup. 0 2- Integrated units (Jefferson and Consolidated) 0 3- Connectorized units (Crown Tower, Port Neches, and HWY73) 0 2-2ft dual polarized parabolic dishes 0 1-3ft dual polarized parabolic dish o Run all coax and CAT 5 to its termination point inside the communications buildings radio room. o Ground all equipment inside and outside to Motorola standards. o Install and configure Larus APS for Tl fail over. o Tower analysis- CWS will perform a visual inspection of steel structure, guyed cables, and grounding. We will also sweep existing and newly installed coax for any issues. Photos will be provided for analysis. Consolidated Dispatch: o Install and Configure 1 -Motorola 5.8GHz PTP600 LITE radio for Tl backup. 0 1 -Integrated unit, mounted on a stand off attached to the existing railings. o Run the CATS to its termination point inside the radio room. o Install small cable tray between existing platform and existing cable tray to protect CATS . o Ground all equipment inside and outside to Motorola standards. o Install and configure Larus APS for T1 fail over. Use or disclosure of this proposal is subject to the restrictions on the We page. Motorola Confidential Proprietary 7/92008 0 MOTOROLA 0 • • CrrY OF BEAumONT MICROWAVE PROJECT Crown Tower: o Install and Configure 1 -Motorola 5.8GHz PTP600 LITE radio for Tl backup. o 1-Connectorized radio unit mounted on bottom section of the tower. 0 1-2ft dual polarized dish, mounted on an 18inch standoff at a height of approximately 11Oft. o Run coax from dish to Motorola radio, then run the CAT5 from radio to its termination point inside the radio room located at the base of the tower. o Ground all equipment inside and outside to Motorola standards. o Install and configure Larus APS for Tl fail over. o Tower analysis- CWS will perform a visual inspection of steel structure, guyed cables, and grounding. We will also sweep existing and newly installed coax for any issues. Photos will be provided for analysis. Port Neches Tower: o Install and Configure 1 -Motorola 5.8GHz PTP600 LITE radio for T1 backup. o 1-Connectorized radio unit mounted on bottom section of the tower. 0 1-2ft dual polarized dish, mounted on an 18inch standoff at a height of approximately 120ft. o Run coax from dish to Motorola radio, and then run CAT5 from radio to its termination point inside the radio room located at the base of the tower. o Ground all equipment inside and outside to Motorola standards. o Install and configure Larus APS for T1 fail over. o Tower analysis- CWS will perform a visual inspection of steel structure, guyed cables, and grounding. We will also sweep existing and newly installed coax for any issues. Photos will be provided for analysis. HWY 73 Tower: o Install and Configure 1 -Motorola 5.8GHz PTP600 LITE radio for T1 backup. 0 1-Connectorized radio unit mounted on bottom section of the tower. 0 1-3ft dual polarized dish, mounted on an 18inch standoff at a height of approximately 150ft. Use or disclosure of this proposal is subject to the restrictions on the title page. Motorola Confidential Proprietary ® MOTOROLA 7/12008 • • CrrY OF BEAumoNT MICROWAVE PROJECT o Run coax from dish to Motorola radio, and then run the CAT5 from radio to its termination point inside the radio room located at the base of the tower. o Ground all equipment inside and outside to Motorola standards. o Install and configure Larus APS for Tl fail over. o Tower analysis- CWS will perform a visual inspection of steel structure, guyed cables, and grounding. We will also sweep existing and newly installed coax for any issues. Photos will be provided for analysis. City of Beaumont Responsibilities o Assign Project Manager that will serve as primary point of contact and have signature authorization for acceptance of Microwave System o Provide Structural Tower Analysis for existing towers o Provide Electricity to within 4ft. of the indoor unit (IDU) o Provide Rack space for IDU and Larus Switches. Assumptions / Comments o This project will be considered complete upon installation, programming, optimization and delivery of a fully operational system to the customer location. o All installation efforts will be done in accordance with Motorola's R56 Quality Standards, with consideration given to existing conditions. This list is not meant to be all-inclusive or limiting in the scope of work to be performed, it is provided to identify the major activities that are to be performed for the network system implementation. Motorola and Commercial Wireless Solutions experience in deploying large and complex communication and software systems will provide a smooth system implementation of the new communications system. Use or disclosure of this proposal is subject to the restrictions on the title page. Motorola Confidential Proprietary 7/1/2008 0 6 MOTOROLA 0 � 0 � / k \ ) 00 w k\a} _ _ _ R p p > ]SSSS « '6r;(§ iL /E °@e - oe@=4 § � / k \ � � / / G _ _ _ _ R p p > k § � \ E■ E $ / Q - E CD :3 f f f » m tm � q) Fq k 0� a -co —m S // 2i 8 (L C �c —ƒ/ IL ] § \ a.\ 0 � m o ) 0 Q) o k k � §- =:3CDI� m gmo2,¥[,� N°M°°]°�� 2 = CF co ca a cc 2] o2—A%N!% — o_ 00 - 613 14 \NCL �N 10 e/ a 2{@ Ec Ec —#1_5®C� k )/if0Lu - LU ) 0 oa . E 4S 4§/4§\0§a \{Q0000\QQ @ o A m §}6$272§&m§& � § � £ / k \ / / / ( / / G _ _ _ _ R p p > k § � \ # $ / Q - ® - - CD \ f f f » 5 w g g 2 q) Fq u2 0� a -co —m S // 2i 8 (L C �c —ƒ/ L ] § \ a.\ \2 E 2 w §m 7§ 0 m o ) 0 Q) o �k ) a,°cn §- =:3CDI� m gmo2,¥[,� N°M°°]°�� = CF co ca a cc 2] o2—A%N!% — o_ 00 - 613 14 \NCL �N 10 e/ a 2{@ Ec Ec —#1_5®C� 0 )/if0Lu V) LU ) RkKK.2E�2m oa a-300)=$)= 4S 4§/4§\0§a \{Q0000\QQ °°\k»k§*k:3 §}6$272§&m§& c_w=_wm_u=_u § § § § / \/\ . RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Council hereby approves the purchase of a Microwave Network from Motorola in the amount of $214,882.27 through the Houston -Galveston Area Council (HGAC). PASSED BY THE CITY COUNCIL of the City of Beaumont on this the 29th day of July, 2008. 0 Mayor Becky Ames — RICH WITH OPPORTUNITY BE AUMON* T r `. $ . A . s City Council Agenda Item TO: FROM: PREPARED BY: MEETING DATE: REQUESTED ACTION: City Council Kyle Hayes, City Manager Tom Warner, Director of Public Works July 29, 2008 Council consider authorizing the acceptance of a sanitary sewer easement. RECOMMENDATION The Administration recommends acceptance of a sanitary sewer easement to provide access for sanitary sewer services to property located at 7310 State Highway 105. BACKGROUND C. Michael Berryhill and Linh T. Berryhill, owners of the Texas Karate Academy, have agreed to convey a ten foot (10') wide Sanitary Sewer Easement to the City of Beaumont. The easement [out of the W. B. Dyches Survey, Abstract 17] will provide sewer services to the new Texas Karate Academy and would also allow for the construction, alteration, operation and maintenance of the said sanitary sewer line and appurtenances. BUDGETARY IMPACT None. 0 ib 16 July 2008 • EXHIBIT A, PAGE 1 OF 2 CENTERLINE DESCRIPTION FOR A 10' WIDE EXCLUSIVE SANITARY SEWER EASEMENT OUT OF THE W. B. DYCHES SURVEY, ABSTRACT 17 JEFFERSON COUNTY, TEXAS JULY 2, 2008 That certain centerline description for a 10' wide exclusive sanitary sewer easement out of the W. B. Dyches Survey, Abstract 17, Jefferson County, Texas, being out of a called 1.004 acre tract conveyed to Michael C. Berryhill and Linh T. Berryhill as recorded in Clerks File No. 2004011490 of the Official Public Records of Jefferson County, Texas, said centerline description being more particularly described as follows: Note: The Basis of Bearing is the west line of the said 1.004 acre tract having been called North 435.68 feet. COMMENCING at a 5/8" iron rod found in the north right-of-way line of Texas State Highway 105 for the southeast comer of a 40'x 40' Southwestem Bell Telephone easement and the southwest corner of the said 1.004 acre tract; THENCE North along the east line of the said SWBT easement and the west line of the said 1.004 acre tract a distance of 5.00 feet (called North) to a point for the POINT OF BEGINNING of the said centerline from which a %2" iron rod found for the northwest comer of the said 1.004 • acre tract bears North 430.70 feet (called North); THENCE North 89°11'42" East a distance of 100.11 feet to a point in the west line of a called 13.984 acre tract conveyed to Billy B. Ballard and Diane Ballard as recorded in Clerks File No. 9825812 of the Official Public Records of Jefferson County, Texas and the east line of the said 1.004 acre tract for the POINT OF TERMINATION of the said centerline from which a %2' iron rod found in the said north right-of-way line of Texas State Highway 105 for the southwest corner of the said 13.984 and the southeast comer of the said 1.004 acre tract bears South 00001'28" East 5.00 feet (called South 00001'51" East). This Centerline Description is based on a survey performed by Fittz & Shipman, Inc. during April 2008. Walter J. Ksia e Registered Professional Land Surveyor o. 5321 Fittzz & Shipman, Inc Page 1 of 1 Project No. 07163ss Plat & Description Is • • CLIENT: MICHAEL C. BERRYHILL AND LINH T. BERRYHILL G. F. NO.— EXHIBIT A, PAGE 2 OF 2 (CALLED N 89'16'46" E 99.92) N 89'17'51' E 99.92 FOUND 1/2Y IRON ROD FOUND 1/2" IRON ROD Q 0 15 30 MICHAEL C. BERRYHILL AND S® LINH T. BERRYHILL CLERKS FILE NO. 2004011490, O.P.R.J.C. (CALLED 1.004 ACRES) ao N N 17 N n Z W LOT 2 O RAND ADDITION n - M N W N In NOW OR FORMERLY VOL. 75, PG. 39, M.R.J.C. O a m p P o n BILLY B. BALLARD (CALLED 10.773 ACRES) z cr Ln o. AND o o o DIANE BALLARD Z av J O CLERKS FILE NO. 9825812, O.P.R.J.C. < V N (CALLED 13.984 ACRES) r— — — — — — - 40' X 40' SWBT EASEMENT POINT OF BEGINNING CENTERLINE—� 1 5.00 COMMENCING POINT FOUND 5/8" IRON ROD 20' UTILITY EASEMENT VOL. 2129, PG. 111, D.R.J.C.- - N 89'1142 E 10011 — — — —� N 89'11'42" E 100.11 (CALLED N 89'14'46" E 100.15) TEXAS STATE POINT OF TERMINATION CENTERLINE 7' GSU TREE TRIMMING OVERHEAD EASEMENT _ VOL. 494_PG_162, D_R.J_C. _ 5.00 FOUND 1/2" IRON ROD CENTERLINE HIGHWAY 105 10' WIDE EXCLUSIVE SANITARY SEWER EASEMENT NOTE: THIS SURVEY WAS COMPLETED WITHOUT THE BENEFIT OF A TITLE COMMITMENT. NOT ALL EASEMENTS, WHETHER OF RECORD OR NOT, WERE RESEARCHED AT THE TIME OF THIS SURVEY. DESCRIPTION of SERVICES REQUESTED: 10' WIDE EXCLUSIVE SANITARY SEWER EASEMENT SURVEYOR'S CERTIFICATION: I DO HEREBY CERTIFY, TO THE BEST OF MY KNOWLEDGE AND BELIEF, THAT THIS IS AN ACCURATE PLAT OF A SURVEY & DESCRIPTION MADE ON THE GROUND UNDER MY SUPERVISION, DURING APRIL 2008 THE ABOVE TRACT BEING LOCATED AT TEXAS STATE HIGHWAY 105, BEAUMONT TEXAS AND BEING DESCRIBED AS A 10' WIDE EXCLUSIVE SANITARY_ SEWER_ EASEMENT OUT OF THE W. B. DYCHES SURVEY. A-17 AS RECORDED IN VOLUME - . PAGE OF THE DEED RECORDS OF JEFFERSON COUNTY, TEXAS WALTER J. KSI DATE: 7-2-08 FI ELD BOOK NO.: 08-03 163SSESMT JOB NO.: 07163.0000 Fittz&Shipman INC. C—ulmgEngin— and Load Surveyors 1405 CORNERSTONE COURT BEAUMONT, TEXAS (409)832-7238 FAX (409)832-7303 9 RESOLUTION NO. WHEREAS, C. Michael Berryhill and Linh T. Berryhill, owners of the Texas Karate Academy, have offered to convey a ten foot (10') wide Sanitary Sewer Easement for property located at 7310 State Highway 105, being out of the W. B. Dyches Survey, Abstract 17, as described in Exhibit "A," Page 1 and shown on Exhibit "A," Page 2, attached hereto, to the City of Beaumont to provide sewer services to the new Texas Karate Academy and allow for the construction, alteration, operation and maintenance of the said sanitary sewer line and appurtenances; and, WHEREAS, the City Council has considered the purpose of said conveyance and is of the opinion that the acceptance of said conveyance is necessary and desirable and that same should be accepted; • NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the easement conveyed by C. Michael Berryhill and Linh T. Berryhill, owners of the Texas Karate Academy, as described in Exhibit "A," Page 1 and shown on Exhibit "A," Page 2, be and the same is hereby, in all things, accepted. a$: 0 PASSED BY THE CITY COUNCIL of the City of Beaumont this the 29th day of July, - Mayor Becky Ames - RICH WITH OPPORTUNITY BEA,UMON* T• E• X• A• S TO: FROM: PREPARED BY: MEETING DATE: REQUESTED ACTION: c City Council Agenda Item City Council Kyle Hayes, City Manager Tom Warner, Director of Public Works July 29, 2008 Council consider a resolution authorizing the acquisition of property. RECOMMENDATION The Administration recommends authorizing City Council approve a resolution for the acquisition of property in the Van Wormer Addition for the Downtown Event Center and Lake Park. BACKGROUND As part of the development of the Downtown Event Center and Lake Park, lots are being acquired in downtown Beaumont in the area bordered by Martin Luther King Jr. Parkway, Crockett Street, Neches Street and an abandoned rail line. Jefferson County, owner of the property listed below, will sell their property to the City for the cost of back taxes plus administrative and recording fees: 1. Lots 7 -12, Block 31, Van Wormer Addition (900-78 Bonham Street) Current Taxes Due: $23,250.70 Administrative/recording fees: 24.00 Total Cost: $23,274.70 BUDGETARY IMPACT Funds are available in the Capital Program. 0 -giefe -unty08-ib-w a 11 J* 2008 0 RESOLUTION NO. WHEREAS, an agreement has been negotiated for the acquisition of land for the Downtown Event Center and Lake Park; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the purchase of the following land as shown on Exhibit "A" attached hereto for the Downtown Event Center and Lake Park, be and the same is hereby, approved: Lots 7 -12, Block 31, Van Wormer Addition (900-78 Bonham Street) Current Taxes Due: $23,250.70 Administrative/recording fees: $ 24.00 Total Cost: $23,274.70 PASSED BY THE CITY COUNCIL of the City of Beaumont this the 29th day of July, • 2008. - Mayor Becky Ames - Oki p 0*1 Ely V -y 1/ ^ o o a # t PA ' p ro• x'89! , to _ o LP 79 14 061, Toil *. ' * p IA A Job P. A a W J° tp la O u N OYl u• o ° aN 00. .• o Ott 061 u py[ ` ° + l'6L1 . Vo q O .Ii Ort :p O O G7 q1 i a' O i1? i Wtp Q , a •'-7 .9 (Q '. n 0 ort o Z Ott , R, 8 A. d3i' m u oM.. NOS o : 70 � t7• Y v Apt G , � �, a + . � .' S _ • meq,% . i ° A � +vim N a � • •'::.�, .p is T a, q o • - . 40 X aAR c w a u .;3 f6 4 OH t4'C i rl 09.6/ o 4 ' '� dp 0. a o �' a ' ,o • O.PI) ` ♦ .{ a • . � q .� o '� ' 0! J' Q93�1j •Q �! y 6 t► p• :ort � cb � _ ". A ��•..:,. _ s' .. , '1) ° Ott • Certified Owner: JEFFERSON COUNTY 1149 PEARL ST BEAUMONT, TX 77701-3638 DELINQUENT TAX STATEMENT SUMMARY M11tIAM K. JOHNSON, RTA JEFFERSON COUNTY TAX ASSESSOR - COLLECTOR 1149 PEARL ST BEAUMONT, TX 77701 Account No: 065900-000/014200-00000 As of Date: 07/10/2008 14.1 C( F— L L Legal Description: VAN WORMER L7 TO 12 B 31 900-78 BONHAM SHERIFFS DEED 01-06-98 ABSTRACT 065900 2007 Value: $16,950 Legal Acres: .9640 CAD: 065900014200 Parcel Address: 900 BONHAM ST Print Date: 07/10/2008 Printed By: KATHYK TOTAL AMOUNT DUE: $7,342.48 $15,908.22 $23,250.70 $15,991.29 $23,333.77 $16,074.31 $23,416.79 Tax Unit Codes: 1 JEFFERSON COUNTY 4 BEAUMONT ISD 21 CITY OF BEAUMONT 41 PORT OF BEAUMONT 49 DRAINAGE DISTRICT #6 55 SABINE-NECHES NAV. DIST. 9009 COURT COSTS 9088 PRIOR YEAR DEC ABSTRACT FEES 4d y4p oCeQd P-�- PLEASE CUT AT THE DOTTED LINE AND RETURN THIS PORTION WITH YOUR PAYMENT. Print Date: 07/10/2008 PLEASE NOTE YOUR ACCOUNT NUMBER ON YOUR CHECK AND MAKE CHECKS PAYABLE TO: JOHNSON, RTA JEFFERSON K. 1111111 IIIII IIIII IIIII IIII IIIII IIIII IIII II II IIIII IIIII IIIII IIIN IIII IIIII IIIII VIII IIIII 11111111111111 IIII JEFFERSON COUNTY TAX ASSESSOR -COLLECTOR P. O. BOX 2112 * 0 6 5 9 0 0 0 0 0 0 1 4 2 0 0 0 0 0 0 0 BEAUMONT, TX 77704-2112 (409) 835-8516 065900-000/014200-00000 JEFFERSON COUNTY 1149 PEARL ST BEAUMONT, TX 77701-3638 0 If Paid By Amount Due Remaining IF PAID IN JULY 2008 IF PAID IN AUGUST 2008 IF PAID IN SEPTEMBER 2008 Penalty Penalty Penalty Year Tax Units Levy Interest Total Interest Total Interest Total 1990 4 $453.46 $1,225.70 $1,679.16 $1,230.92 $1,684.38 $1,236.13 $1,689.59 1991 1 4 21 41 49 55 $1,017.24 $2,609.24 $3,626.48 $2,620.92 $3,638.16 $2,632.60 $3,649.84 1992 1 4 71 41 49 55 $1,127.39 $2,736.18 $3,863.57 $2,749.16 $3,876.55 $2,762.10 $3,889.49 1993 1 4 21 41 49 55 $1,026.41 $2,349.46 $3,375.87 $2,361.27 $3,387.68 $2,373.06 $3,399.47 1994 1 4 21 41 49 55 $1,051.90 $2,262.62 $3,314.52 $2,274.75 $3,326.65 $2,286.85 $3,338.75 1995 1 4 21 41 49 55 $1,036.89 $2,087.26 $3,124.15 $2,099.18 $3,136.07 $2,111.10 $3,147.99 1996 1 4 2.1 41 49 55 $567.35 $1,063.80 $1,631.15 $1,070.29 $1,637.64 $1,076.83 $1,644.18 1997 1 4 21 41 49 55 $469.16 $814.94 $1,284.10 $820.32 $1,289.48 $825.72 $1,294.88 98 1 4 21 41 49 55 1474.68 $759.02 $1,233.70 $764.48 $1,239.16 $769.92 $1,244.60 04 9009 9088 $118.00 $0.00 $118.00 $0.00 $118.00 $0.00 $118.001 TOTAL AMOUNT DUE: $7,342.48 $15,908.22 $23,250.70 $15,991.29 $23,333.77 $16,074.31 $23,416.79 Tax Unit Codes: 1 JEFFERSON COUNTY 4 BEAUMONT ISD 21 CITY OF BEAUMONT 41 PORT OF BEAUMONT 49 DRAINAGE DISTRICT #6 55 SABINE-NECHES NAV. DIST. 9009 COURT COSTS 9088 PRIOR YEAR DEC ABSTRACT FEES 4d y4p oCeQd P-�- PLEASE CUT AT THE DOTTED LINE AND RETURN THIS PORTION WITH YOUR PAYMENT. Print Date: 07/10/2008 PLEASE NOTE YOUR ACCOUNT NUMBER ON YOUR CHECK AND MAKE CHECKS PAYABLE TO: JOHNSON, RTA JEFFERSON K. 1111111 IIIII IIIII IIIII IIII IIIII IIIII IIII II II IIIII IIIII IIIII IIIN IIII IIIII IIIII VIII IIIII 11111111111111 IIII JEFFERSON COUNTY TAX ASSESSOR -COLLECTOR P. O. BOX 2112 * 0 6 5 9 0 0 0 0 0 0 1 4 2 0 0 0 0 0 0 0 BEAUMONT, TX 77704-2112 (409) 835-8516 065900-000/014200-00000 JEFFERSON COUNTY 1149 PEARL ST BEAUMONT, TX 77701-3638 0 If Paid By Amount Due JUL 2008 $23,250.70 AUG 2008 $23,333.77 SEP 2008' $23,416.79 Amount Paid: $ RICH WITH OPPORTUNITY City Council Agenda Item IIEA,11i�1011T T• E• X• A• S TO: City Council FROM: Kyle Hayes, City Manager '0 PREPARED BY: Tom Warner, Director of Public Works MEETING DATE: July 29, 2008 REQUESTED ACTION: Council consider a resolution accepting maintenance of the street, storm sewer, water and sanitary sewer improvements in the Windemere Business Park. RECOMMENDATION Administration recommends approval of the following: • Windcastle Drive From existing Major Drive (FM 364) approximately 1,300 feet west to the 3 -OM -4P end of roadway markers. • Jessica Boulevard From proposed Windcastle Drive approximately 900 feet south to existing SH 105. Also, recommended for approval are the water and sanitary sewer improvements for Windcastle Drive and Jessica Boulevard right-of-way only. BACKGROUND The aforementioned improvements in the subdivision passed final inspection from all entities involved on July 22' 2008. BUDGETARYIMPACT None. 0 RESOLUTION NO. WHEREAS, construction of the street, storm sewer, water and sanitary sewer improvements constructed in the Windemere Business Park have been completed as follows: Street, Storm Sewer • Windcastle Drive from existing Major Drive (FM 364) approximately 1,300 feet west to the 3 -OM -4P end of roadway markers. • Jessica Boulevard from proposed Windcastle Drive approximately 900 feet south to existing SH 105. Water and Sanitary Sewer Improvements • Windcastle Drive right-of-way only. • Jessica Boulevard right-of-way only. WHEREAS, the developers of said streets desire to have these improvements accepted and maintained by the City; and, • WHEREAS, the director of the Public Works and Engineering Department have determined that said improvements meet city standards and qualify for acceptance for permanent maintenance, and the City Council is of the opinion that said improvements should be accepted and maintained by the City of Beaumont; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the above -referenced street, storm sewer, water and sanitary sewer improvements in the Windemere Business Park, with the exception of streetlights, are hereby accepted by the City of Beaumont and shall be continuously maintained by the City contingent upon filing of the final plat, complete with filings of dedication of all rights-of-way and easements required on the preliminary and final plats and installation of the streetlights. f� • filing of the final plat, complete with filings of dedication of all rights-of-way and easements required on the preliminary and final plats and installation of the streetlights. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 29th day of July, - Mayor Becky Ames - L� 0 E RICHEWITH OPPORTUNITY T • E • X • A • s City Council Agenda Item 1 COT City Council FROM: Kyle Hayes, City Manager tv. PREPARED BY: Tom Warner, Director of Public Works MEETING DATE: July 29, 2008 REQUESTED ACTION: Council consider a resolution authorizing eminent domain proceedings to acquire property for public use. RECOMMENDATION The administration recommends authorization to acquire properties in downtown Beaumont by eminent domain. • BACKGROUND The property owners listed below have not accepted the appraised value for their properties. All properties were appraised by Bishop Real Estate Appraisers. Inc.: 1. S 40'x50' Lot 1, Block 23, Van Wormer Addition [314 Holmes Street] Appraised Value: $3,000 Owner: Elias De La Rosa Estate 2. N 45'x50' Lot 1, Block 23, Van Wormer Addition [302 Holmes Street] Appraised Value: $3,500 Owner: Easter Anderson, Trustee for the House of Refuge Faith Christ Holy Santify 3. Lots 3-5 and 7-12, Block 23, Van Wormer Addition [323 ML King Pkwy.] Appraised Value: $179,000 Owner: Christopher Troung 4. Lot 7, Block 24, Van Wormer Addition [998 Crockett] Appraised Value: $11,000 Owner: Frank P. Danna Sr. Estate Acquisition of the above properties are for the purpose of locating, constructing, and maintaining a Downtown Event Center and Lake Park. BUDGETARY IMPACT Funds are available in the Capital Program. \englkpk2_ed-ib 24 July 2008 RESOLUTION NO. WHEREAS, the City Council of the City of Beaumont deems it necessary that the properties described below be acquired for the Downtown Event Center and Lake Park; and, WHEREAS, the City Council has found that a public necessity exists requiring the hereinafter described property: 1. S 40'x50' Lot 1, Block 23, Van Wormer Addition [314 Holmes Street] Appraised Value: $3,000 Owner: Elias De La Rosa Estate 2. N 45'x50' Lot 1, Block 23, Van Wormer Addition [302 Holmes Street] Appraised Value: $3,500 Owner: Easter Anderson, Trustee for the House of Refuge Faith Christ Holy Santify • 3. Lots 3-5 and 7-12, Block 23, Van Wormer Addition [323 ML King Pkwy.] Appraised Value: $179,000 Owner: Christopher Troung ; and, 4. Lot 7, Block 24, Van Wormer Addition [998 Crockett] Appraised Value: $11,000 Owner: Frank P. Danna Sr. Estate WHEREAS, the City Council deems it necessary to acquire the hereinafter described interests in and to the above described properties for the Downtown Event Center and Lake Park and has found and determined that said interests in and to the above described land is suited for such purposes and that it is necessary to acquire same for said purposes; and, WHEREAS, the City of Beaumont, through its duly authorized representatives, has 0 negotiated in good faith with the owners of the hereinafter above described land and has been unable to agree with such owners of such property as to the fair market value thereof and damages, if any, and further negotiations for settlement have become futile and impossible; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Attorney be and he is hereby authorized and directed to file or cause to be filed against all owners of the above described parcels of land, and all claimants of any interest therein, proceedings in Eminent Domain to acquire fee simple title for said purposes, in and to the said parcel of land shown in Exhibit "A" attached hereto and made a part hereof, the parcels of land being situated in Beaumont, Jefferson County, Texas. II: 0 PASSED BY THE CITY COUNCIL of the City of Beaumont this the 29th day of July, - Mayor Becky Ames - EEL-. to o tz0. `+ d o F 1zo ea ' /0 S 34. ,3 140 .4 .. .... 179.1 no .14 :+w c 44 N n Y 0� b tao'' too 14- 1109'/960 L� v N b tiM h�4 • 1U 6 r40In �5, • X 140 > 21 �•" r r - c too NlWal In le n b, d5 r Z �!f ° V n b n' in, 1.4 •� ^ r 100 r n iao �f E 9oN�ao - u 1-00 V \� 3 't a : •..• 3 14W i4o • $ N 04 10 04 t 3C 4F J N 4 d O OD ♦ t� �. F ,n G� N : r • a' m 110 n b n • 179.1 '�t°D - off. 10 o m A'RG r4a In _• A. 140 ob. 0 140 n 73 125.1 o p..O0 �': y 140 Gd o N in K in Jooj co -4-a In 04 It in„ rE t40. . A o n d n 44. 4 /00 a 6L l/ 0 F00 In n �. 16@.4 R t {� e1 • . _ W M `��+ � e M+ o e n e a. e: . n .1�� d s. w. PA n ; A4. (.. KIMG o f.. /t 03 140 .. . • it I.40 140 n ” �1 b o 140 U " EXHIBIT "A" • Certified Owner: JEFFERSON COUNTY 1149 PEARL ST BEAUMONT, TX 77701-3638 DELINQUENT TAX STATEMENT SUMMARY d MIRIAM K. JOHNSON, RTA JEFFERSON COUNTY TAX ASSESSOR - COLLECTOR 1149 PEARL ST BEAUMONT, TX 77701 Account No: 065900-000/014200-00000 As of Date: 07/10/2008 A --j F5 __3 Legal Description: VAN WORMER L7 TO 12 B 31 900-78 BONHAM SHERIFFS DEED 01-06-98 ABSTRACT 065900 2007 Value: $16,950 Legal Acres: .9640 CAD: 065900014200 Parcel Address: 900 BONHAM ST Print Date: 07/10/2008 Printed Bv: KATHYK TOTAL AMOUNT DUE: $7,342.48 $15,908.22 $23,250.70 $15,991.29 $23,333.77 $16,074.31 $23,416.79 Tax Unit Codes: 1 JEFFERSON COUNTY 4 BEAUMONT ISD 21 CITY OF BEAUMONT 41 PORT OF BEAUMONT 49 DRAINAGE DISTRICT #6 55 SABINE-NECHES NAV. DIST. 9009 COURT COSTS 9088 PRIOR YEAR DEC ABSTRACT FEES a � ctU PLEASE CUT AT THE DOTTED LINE AND RETURN THIS PORTION WITH YOUR PAYMENT. Print Date: 07/10/2008 PLEASE NOTE YOUR ACCOUNT NUMBER ON YOUR CHECK AND MAKE CHECKS PAYABLE TO: JOHNSON, JEFFERSON COUNTY TAX ASSESSOR - COLLECTOR III II VIII VIII III I I II IIII II II IIII II I VIII II II (III VIII I II IIID IIII III I II II II II VIII III IIII P. O. BOX 2112 * 0 6 5 9 0 0 0 0 0 0 1 4 2 0 0 0 0 0 0 0 BEAUMONT, TX 77704-2112 (409) 835-8516 065900-000/014200-00000 JEFFERSON COUNTY 1149 PEARL ST BEAUMONT, TX 77701-3638 r � U If Paid By Amount Due Remaining IF PAID IN JULY 2008 IF PAID IN AUGUST 2008 IF PAID IN SEPTEMBER 2008 Penalty Penalty Penalty Year Tax Units Levy Interest Total Interest Total Interest Total 1990 4 1 $453.46 $1,225.70 $1,679.16 $1,230.92! $1,684.38 $1,236.13 $1,689.59 1991 1 4 21 41 49 55 $1,017.24 $2,609.24 $3,626.481 $2,620.921 $3,638.16 $2,632.60 $3,649.84 11992 1 4 21 41 49 55 $1,127.39 $2,736.18 $3,863.571 $2,749.161, $3,876.55 $2,762.10 $3,889.491 11993 1 4 21 41 49 55 $1,026.41 $2,349.46 $3,375.871 $2,361.27 $3,387.68 $2,373.06 $3,399.471 1994 1 4 21 41 49 55 $1,051.90 $2,262.62 $3,314.521 $2,274.751 $3,326.65 $2,286.85 $3,338.751 1995 I 1 4 21 41 49 55 $1,036.89 $2,087.261 $3,124.151 $2,099.18'1 $3,136.07 $2,111.10 $3,147.991, 1996 1 4 21 41 49 55 1567.35 $1,063.801 $1,631.151 $1,070.29' $1,637.641 $1,076.83 $1,644.18' 11997 1 4 21 41 49 55 $469.16 $814.94 $1,284.101 $820.321, $1,289.48 $825.721 $1,294.88' 1998 14 21 41 49 55 $474.68 $759.021 $1,233.70 $764.48',, $1,239.16 $769.92 $1,244.60, 2004 9009 9088 $118.00 $0.001 $118.00 $0.001 $118.00 $0.00 $118.00' TOTAL AMOUNT DUE: $7,342.48 $15,908.22 $23,250.70 $15,991.29 $23,333.77 $16,074.31 $23,416.79 Tax Unit Codes: 1 JEFFERSON COUNTY 4 BEAUMONT ISD 21 CITY OF BEAUMONT 41 PORT OF BEAUMONT 49 DRAINAGE DISTRICT #6 55 SABINE-NECHES NAV. DIST. 9009 COURT COSTS 9088 PRIOR YEAR DEC ABSTRACT FEES a � ctU PLEASE CUT AT THE DOTTED LINE AND RETURN THIS PORTION WITH YOUR PAYMENT. Print Date: 07/10/2008 PLEASE NOTE YOUR ACCOUNT NUMBER ON YOUR CHECK AND MAKE CHECKS PAYABLE TO: JOHNSON, JEFFERSON COUNTY TAX ASSESSOR - COLLECTOR III II VIII VIII III I I II IIII II II IIII II I VIII II II (III VIII I II IIID IIII III I II II II II VIII III IIII P. O. BOX 2112 * 0 6 5 9 0 0 0 0 0 0 1 4 2 0 0 0 0 0 0 0 BEAUMONT, TX 77704-2112 (409) 835-8516 065900-000/014200-00000 JEFFERSON COUNTY 1149 PEARL ST BEAUMONT, TX 77701-3638 r � U If Paid By Amount Due JUL 2008 $23,250.70 AUG 2008 $23,333.77 SEP 2008 $23,416.79 Amount Paid: $ 2 • RICH WITH OPPORTUNITY 11 I'Lm , � T• E• X• A• S TO: FROM: PREPARED BY: MEETING DATE: AGENDA MEMO DATE: City Council Agenda Item City Council Kyle Hayes, City Manager Tyrone E. Cooper, City Attorne� July 29, 2008 July 25, 2008 REQUESTED ACTION: Consider a resolution authorizing the settlement of the lawsuit of Scott Lisenby, et al v. The City of Beaumont, et al RECOMMENDATION Council approval of a resolution authorizing the settlement of the lawsuit of Scott Lisenb,, v. The City of Beaumont, et al to resolve the legal issues arising out of the April 24, 2008, Grade II promotional examination. BACKGROUND Council discussed this lawsuit in an Executive Session held on July 15, 2008. BUDGETARY IMPACT None. F • RESOLUTION NO. WHEREAS, the lawsuit of Scott Lisenby, et al v. The City of Beaumont, et al was discussed in an executive session properly called and held Tuesday, July 15, 2008; and WHEREAS, the Council desires to authorize the settlement of the lawsuit; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT THAT the City Attorney be and he is hereby authorized to settle the above -referenced lawsuit to resolve the legal issues arising out of the April 24, 2008, Grade II promotional examination. BE IT FURTHER RESOLVED that the City Manager be and he is hereby authorized to execute the necessary agreements in settlement of said lawsuit. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 29th day of July, IS 2008. - Mayor Becky Ames - • RICH WITH OPPORTUNITY 11 17C A ► � T • E • x • A • S City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tyrone E. Cooper, City Attorn 2k� MEETING DATE: July 29, 2008 REQUESTED ACTION: Council consider a resolution authorizing the settlement of the claim of Geraldine Tevis. RECOMMENDATION Council approval of a resolution authorizing the settlement of the claim of Geraldine Tevis. •BACKGROUND Council discussed the settlement of this claim in Executive Session on July 1, 2008. BUDGETARYIMPACT There are sufficient funds in the Liability Trust Fund to pay the amount as shown: Geraldine Tevis 0 $5,200 D`J RESOLUTION NO. WHEREAS, the claim of Geraldine Tevis has been discussed in an Executive Session properly called and held Tuesday, July 1, 2008; and, WHEREAS, the Council desires to authorize the settlement of the claim; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Attorney be and he is hereby authorized to settle the claim of Geraldine Tevis in the amount of Five -Thousand, Two -hundred Dollars. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 29th day of July, • - Mayor Becky Ames - 0 RICH WITH OPPORTUNITY BEAUMON* T• E• X• A• S REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS JULY 29, 2008 1:30 P.M. AGENDA CALL TO ORDER * Invocation Pledge Roll Call * Presentations and Recognition * Public Comment: Persons may speak on scheduled agenda items 7-17/Consent Agenda * Consent Agenda GENERAL BUSINESS . 1. Consider a request for a general land use plan in a PUD (Planned Unit Development) District and a specific use permit to allow multi -family residential and general retail and professional office uses on property located on the south side of Fannett at Stivers 2. Consider a request for a specific use permit to allow an eating place and general office use in an RCR (Residential Conservation and Revitalization) District at 2306 Hazel 3. Consider a request for a specific use permit to allow a warehouse in a GC -MD (General Commercial -Multiple Family Dwelling) District at 2990 Laurel 4. Consider a request for a specific use permit to allow a boarding house in a GC -MD (General Commercial -Multiple Family Dwelling) District at 10295 Eastex Freeway 5. Consider a request for a specific use permit to allow a drinking place in the CBD (Central Business District) at 268 Pearl Street 6. Consider a request for an amended specific use permit to allow a drinking place in a GC -MD (General Commercial -Multiple Family Dwelling) District at 4345 Eastex Freeway 0 7. Consider a request to abandon a portion of Stone Oak Drive 8. Consider a request by ExxonMobil for the disannexation of approximately seven acres of property • 9. Consider a request to abandon portions of Fulton Avenue, Burt Street, Tagore Street, Grove Street, Grant Street, Buford Street, Jamison Street and the alley in Block 4, Oakwood Subdivision 10. Consider amending the boundaries of Neighborhood Empowerment Zone Number Two 11. Consider approving a contract for improvements to Alice Keith Park 12. Consider approving a contract for sidewalk and lighting improvements in the downtown block bounded by Park, Fannin, Neches and Bowie Streets 13. Consider approving Change Order No. 1 for the Rolfe Christopher Pavement Improvement Project 14. Consider approving the purchase of a pavilion for use at the C. A. "Pete" Shelton Memorial Plaza 15. Consider approving a new solid waste collection and transportation service franchise • 16. Consider authorizing the City Manager to execute an Industrial District Contract with ExxonMobil Oil Corporation WORKSESSION * Review and discuss issues related to Industrialized (Modular) Housing within the city limits of Beaumont 17. Consider approving a moratorium on the issuance of permits for the construction of any industrialized (modular) homes within the city limits of Beaumont for a period of sixty (60) days COMMENTS Councilmembers/City Manager comment on various matters Public Comment (Persons are limited to 3 minutes) 0 EXECUTIVE SESSION • * Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code: Scott Lizenby, et al v. City of Beaumont, et al Keith Breiner vs. the City of Beaumont 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. • July 29, 2008 Consider a request for a general land use plan in a PUD (Planned Unit Development) District and a specific use permit to allow multi -family residential and general retail and professional office uses on property located on the south side of Fannett at Stivers r� 0 • RICH WITH OPPORTUNITY BEAiU11011* T • E • X • A • S City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager CO. PREPARED BY: - : Chris Boone, Community Development Director MEETING DATE: July 29, 2008 REQUESTED ACTION: Council consider a request for a general land use plan in a PUD (Planned Unit Development) District and a specific use permit to allow multi -family residential and general retail and professional office uses on property located on the south side of Fannett at Stivers. • RECOMMENDATION The Administration recommends approval of the request. BACKGROUND Leonard Kirtman of Global Ventures, Inc. has applied for the general land use plan and specific use permit. Mr. Kirtman states that the 264 acre tract will be developed with single family residential, a senior community, apartments, retail and office uses. The single family portion of the development is permitted by right. The single family residences will include 58 lots that are 75' x 150' and 154 lots that are 80'x 100'. The senior community will occupy 30 acres and consist of single story apartments, three to each 3,750 sq. ft. building. The apartments catering to the general public will occupy approximately 71 acres and consist of 1,200 apartment units built at 17 units per acre. Each two story, 25,000 sq. ft. building will contain 24 apartment units from 800-1,200 sq. ft. in size. Approximately 24 acres are designated for commercial uses. This property fronts Fannett Road for a distance of 1,100 feet. Retail, office: and a possible supermarket are planned for this area. In addition, 20-30 acres of open space will be provided. Access to the property will be provided by two streets that connect with Fannett. Each of these streets will have 65' right-of-way widths. • As projected, the initial phase will consist of the construction of 300 apartment units over a two year time period. Upon completion of the first year of construction, Mr. Kirtrnm will begin the construction of ten single family homes along Hillebrandt Bayou. Upon completion of the first 300 apartment units, the remaining 900 apartment units will be constructed over the following two year time period. The commercial portion will commence construction after the first year of development. After the fourth year of construction, Mr. Kirtman states that he will focus on completing the building of the single family homes and the building of the Senior housing. At a Joint Public Hearing held July 21, 2008, the Planning Commission recommended approval 6:0 of a request for a general land use plan in a PUD (Planned Unit Development) District and a specific use permit to allow multi -family residential and general retail and professional office uses on property located on the south side of Fannett at Stivers. BUDGETARY IMPACT None. • U 0 ORDINANCE NO. ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW MULTI -FAMILY RESIDENTIAL AND GENERAL RETAIL AND PROFESSIONAL OFFICE USES IN A PUD (PLANNED UNIT DEVELOPMENT) DISTRICT LOCATED ON THE SOUTH SIDE OF FANNETT ROAD AT STIVERS IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS, the City Council for the City of Beaumont desires to approve a general land use plan and issue a specific use permit to Global Ventures, Inc., to allow multi -family residential and general retail and professional office uses in a PUD (Planned Unit Development) District located on the south side of Fannett Road at Stivers, as described in Exhibit "A" and shown on Exhibit "B" attached hereto; and, WHEREAS, the City Council is of the opinion that the issuance of such specific use • permit is in the best interest of the City of Beaumont and its citizens: NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That a general land use plan and a specific use permit to allow multi -family residential and general retail and professional office uses in a PUD (Planned Unit Development) District located on the south side of Fannett Road at Stivers, as described in Exhibit "A" and shown on Exhibit "B" attached hereto and made a part hereof for all purposes, is hereby granted to Global Ventures, Inc., its legal representatives, successors and assigns. 0 0 Section 2. That the land use plan and specific use permit herein granted are expressly issued for and in accordance with each particular and detail of the site plan attached hereto as Exhibit "C" and made a part hereof for all purposes. Section 3. Notwithstanding the site plan attached hereto, the use of the property herein above described shall be in all other respects subject to all of the applicable regulations contained in Chapter 30 of the Code of Ordinances of Beaumont, Texas, as amended, as well as comply with any and all federal, state and local statutes, regulations or ordinances which may apply. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 29th day of July, • 2008. - Mayor Becky Ames - 0 LEGAL DESCRIPTION FOR ORDINANCE PURPOSES BEING a 264.477 acre tract of land consisting of that certain Elray Family Limited Partnership called 254.613 acre tract of land per deed and called 263.613 acre tract of land per plat, more fully described and recorded in Clerk File No. 9520752 of the Official Public Records of Jefferson County, Texas. Said 264.477 acre tract: being situated in the Samuel Stivers Survey, Abstract No. 51 and the James Rowe Survey, Abstract No. 4.5 of Jefferson County, Texas and is more particularly described as follows: BEGINNING ata 1/2 -inch iron rod found for a Northerly Comer of said Elray Family Limited Partnership .called 254.613 acre tract of land per deed and called 263:613 acre tract of land per plat, same being the Northeasterly Corner of that certain Catholic Diocese of Beaumont called 1.470 acre tract of land, more fully described in Volume 59, Page 162, of the Deed Records of Jefferson County, Texas, same being in the Southerly right of way line of Highway No.: 124 a dedicated public right of way; THENCENorth 70 -deg. 26 min. .10 sec. East along and with a Northerly line .of said Elray Family Limited Partnership called 254.613 acre tract of land per.deed and called 263.613 acre tract of land per plat, same being the Southerly right of way line of said Highway No. 124, a distance of 1034:98 feet to a 1 -1/2 -inch iron pipe found for the most Northerly corner .of said Elray Family Limited Partnership called 254.613 acre tract of land per deed and called 263.613 acre tract of land per plat, same being the Northwesterly Corner of that certain Elray Family • Limited Partnership called 0.450 acre tract of land, more fully described in Clerk File No. 2003015259 of the Official Public Records of said County and State; •. THENCE South. 00 deg. 20 min.. 14 min..East along and with a Easterly line of said Elray Family Limited Partnership called 254.61.3 acre tract of land per deed and called 263.613 acre tract of land per plat, same being the Westerly line of said Elray Family Limited Partnership called 0.450 acre tract, a distance of 195.88 feet to a 1/2 -inch iron rod found -for an' interior ell corner of said Elray Family Limited Partnership called 254.613 acre tract of land per deed and called 263.613 acre tract of land per plat; .same being the Southwesterly comer of said Eiray Family Limited Partnership called 0.450 acre tract; THENCE North 87 deg. 02 min. 53 sec. East along and with a Northerly line of said Elray Family Limited Partnership called 254..613 acre tract of land per deed and called 263.613 acre tract of land per plat, same being the Southerly line of said Elray Family Limited Partnership called 0.450 acre tract, a distance of 94.43 feet to a 1/2 -inch. iron rod found for a Northeasterly comer of said Elray Family Limited Partnership called 254.613 acre tract of land per deed and called 263.613 acre tract of land per plat, same being the Southeasterly comer of said Elray Family Limited Partnership 0.450 acre tract, same being in the Westerly line of that certain Ingraham Family Limited Partnership called 4.42 acre tract of land, more fully described in Clerk File No. 2001030452 of the Official Public Records of said County and State; EXHIBIT `A' LEGAL DESCRIPTION continued THENCE South 00 deg. 50 min. 56 sec. East along and with a Easterly line of said Elray Family Limited Partnership called 254..613 acre tract of land per deed and called 263.613 acre tract of land per plat, same being the Westerly line of said Ingraham Family Limited Partnership called 4.42 acre tract, a distance of 798.52 feet to a 1/2 -inch iron pipe found for an interior ell comer of said Elray Family Limited Partnership called 254.613 acre tract of land per deed and called 263.613 acre tract of land per plat, same'being the Southwesterly corner of said Ingraham Family Limited Partnership called 4.42 acre tract; THENCE North 87 deg. 10 min. 13 sec. East along and with a Northerly lineof said Elray Family Limited Partnership. called 254.613 acre. tract of land per deed and called .263.613 acre tract of land per plat, same being the southerly line of said Ingraham Family Limited Partnership called 4.42 acre tract and the Southerly line of the J.W. Bullock Survey, Abstract No.. 7, a distance of 2204.12 feet to a concrete monument found for the most Easterly Northeast corner of said Elray Family Limited Partnership called 254.61.3 acre tract' of land per deed and called 263.613 acre tract of land per plat, same being the Northwesterly comer of that. certain City of Beaumont called 25 acre tract of land, more fully described in Volume 1666, Page 193 of the Deed -Records of said County and State; THENCE South 02 deg. 45 min. 16 sec. East (Reference Bearing) along and with the Easterly line of said Elray Family Limited Partnership called 254.613 acre tract of land per deed. and . called 263.613 acre tract of land per plat, same being the Westerly line of said City of Beaumont called 25 acre tract, a distance of 2307.31 feet to. a concrete monument found for the most Easterly Southeast comer of said Elray Family Limited Partnership called 254.613 acre tract of land per deed and called 263.613 acre tract of land per plat, same being the Southwesterly comer of said City of Beaumont called .25 acre tract, same being in the Northerly line. of that certain William Jr. and Frank Reeves called 5 .acre tract of land, more fully described in Volume 583, Page 17 of the Deed Records of said County and State; THENCE South 87 deg. 56 min. 34. sec. West along and with a Southerly line of said Elray Family Limited Partnership called 254.613 acre tract of land per deed and called 263.613 acre tract of land per plat, same being the Northerly line of said William Jr. and Frank -Reeves called 5 acre tract, a distance of 187.4.5 feet to a.I-inch iron pipe found for an interior ell comer of said Elray Family Limited Partnership called 254.613 acre tract of land per deed and called 263.613 acre tract of land per plat, same being the. Northwesterly corner of said William Jr. and Frank Reeves called 5 acre tract; THENCE South 02 deg. 40 min. 27 sec. East along and with an Easterly line of said Elray Family Limited Partnership called 254.613 acre tract of land per deed and called 263.613 acre tract of land per plat, same being the Westerly line of said William Jr. and Frank Reeves 5 acre tract, a distance of 333.10 feet to a 1/2 -inch iron rod found for a Southeasterly comer of said Elray Family Limited Partnership called 254.613 acre tract of land.per deed and called 263.613 acre tract of land per plat, same the Southwesterly comer of said William Jr. and Frank Reeves • called 5 acre tract, same being in the Northerly line of that certain Barnett Alvin Greenberg called 5 acre tract of land, more. fully described in Film Code No. 103-71-2092 of the Official Public Records of said County and State; LEGAL DESCRIPTION continued THENCE South 87 deg. 19 min. 05 sec. West along and with a Southerly line of said Elray Family Limited Partnership called 254.613 acre tract of land per deed and called 263,613 acre tract. of land per plat, same being the Northerly line of said Barnett Alvin Greenberg called'5 acre tract and that certain Virginia Shelton tract of land, more fully described in Film Code No. 104- 24-2201 of the Official Public Records of said County and state, a distance of 1046.55 feet to a /8 -inch iron rod marked "Leap Eng." set for and angle point in the Southerly line of said Elray Family Limited Partnership called 254.613 acre tract of land'per deed and called 263.613 acre tract of land per plat, same being the Northwesterly comer of said Virginia Shelton Tract, same being the Northeasterly comer of that certain Schindler Estate called 20 acre tract of land; THENCE South 87 deg. 08 mina 07 sec. West along and with a Southerly *he_of said Elray Family Limited Partnership called 254.613 acre tract of land per deed and called 263.613 acre tract ofland per plat, same being the Northerly line of said Schindler Estate called 20 acre tract, a distance of 935.18 feet to a fence post for an interior ell corner of said Elray Family Limited Partnership called 254.613 acre.tract of land per deed and called 263.613 acre tract of land per plat, same being the Northwesterly comer of said Schindler Estate called 20 acre tract; THENCE South 02 deg. 40 min. 29 sec. East along and with a Easterly line of said Elray Family Limited Partnership called 254.613 acre tract of land per deed and called 263.613 acre tract of land per plat, same being the Westerly line of said Schindler Estate called 20 acre tract, a • distance of 742.00 .feet to a 5%8 -inch iron rod marked "Leap Eng." set for :reference then continuing for a total distance of 1041.66 feet for the most Southerly comer of said Elray Family Limited Partnership called 254.613 acre tract of land per deed and called 263.613 acre tract of land per plat, same being in the Northeasterly line of Ifillebrandt Bayou; THENCE in a Northwesterly direction along and with the Westerly line of said Elray Family Limited Partnership called 254.613 acre tract of land per deed and called 263,613 -acre tract of land per plat, same being the Northeasterly meanders of said Hillebmdt Bayou the followhig courses and distances: North 48 deg. 22 min. 48 sec. West a distance of 100.06 feet to a point for corner; North 50 deg. 35 min. 51 sec. West a. distance of 137.56 feet to a point for comer; North 50 deg. 55 min. 05 sec. West a distance of 167.67 feet to a point for comer; North 51 deg. 09 min. 51 sec. West a distance of 106.17 feet to a point for corner; North 50 deg. 19 min. 01 sec. West a distance of 109..08 feet to a point for comer; North 53 deg. 10 min. 14 sec. West a distance of 168.49 feet to a point for corner; North 51 deg. 32 min. 55 sec. West a distance of 130.18 feet to a point for comer; North 53 deg. 49 min. 15 sec. West a distance of 134.65 feet to a point for comer; North 55:deg.13 min. 57 sec. West a distance of 125.73 feet to a point for comer; North 56 deg. 27 min. 42 sec. West a distance of 159.72 feet to a point for comer; North 57 deg. 16 min. 29 sec: West a distance of 176.61 feet to a.point for comer; North .65 deg. 28 min. 52 sec: West a distance of 119.04 feet to a point for comer; • North 62 deg. 14 min. 33 sec. West a distance of 162.54 feet to a point for corner; North 56 deg. 54. min. 43 sec. West a distance of 98.90 feet to a point for corner; North 43 deg. 27 min. 54 sec. West a distance of 142.81 feet to a point for comer; North 35 deg. 18 min. 17 sec. West a distance of 115.51 feet to a point for corner; North 18 deg. 13 min. 07 sec..West a distance of 134.55 feet to a point for comer; • LEGAL DESCRIPTION continued North 22 deg. 14 min. 33 sec. West a distance of 133.02 feet to a point for comer; North 13 deg. 09 min. 40 sec. West a distance of 94.39 feet to a point for corner; North 02 deg. 18 min. 32 sec. West a distance of 154.07 feet to a point for corner; North 08 deg: 30 min. 26 sec. East a distance of 128.47 feet to a point for comer; North 04 deg. -03 min. 41 sec. East a distance of 196.03 feet to a point for comer; North 03 deg..22 min. 30 sec. West a distance of 64.56 feet to a point for corner; North 05. deg. 19 min. 57 sec. West a distance of 162.76 feet to a point for comer; North 07 deg. 54. min. 41 sec. West a distance of 165.55 feet to a point for corner; North 05 deg. 31 min. 38 sec. West a distance of 174.47 feet to apoint for corner; North 02 deg. 36 min: 08 sec. West a distance of 152.16 feet to a point for comer; North 02 deg. 25 min. 12 sec. East a distance of 202.83 feet to a point for comer;. North 02 deg. 02 min.. 41 sec. West a distance of 114.19 feet to a point for corner; North 02 deg. 19 min. 04 sec. East a distance of 111.69 feet to a.point for comer; North 02 deg. 23.min.18 sec. West a distance of 214.38 feet to a point for corner in the Easterly line. of said Hillebrandt Bayou, same being the Southwesterly comer of that certain Harry and Mirza Coussou called 1.728 acre tract of land, more fully described in Volume 1349, Page 266 of the Deed Records of said County and State; THENCE North 89 deg. 28 min. 58 sec. East along and with a Northerly line of said Elray • Family Limited Partnership called 254.613 acre tract of land per deed and called. 263.613 acre tract of land per plat, same being the Southerly line of said Harry and Mirza Coussou called 1.728 acre tract, a distance of 255.14 feet to a 1/2 -inch iron rod found for reference then continuing for a total distance_ of 300.00 feet to a 1/2 -inch iron rod found for an interior ell comer of said`Elray Family Limited Partnership called 254,613 acre tract of land per deed and called 263.613 acre tract of land per plat, same being the Southeasterly corner of said Harry and Mirza Coussou called 1.728 acre tract; THENCE North. 00 deg. 32 min. 06 sec. West along and with a Westerly line of said Elray Family Limited Partnership called 254.613 acre tract of land per deed and called 263.613 acre tract of land per plat, same being the Easterly line of said Harry and Mirza Coussou called 1.728 acre tract, a distance of 260.02 feet to a 1/2 -inch iron rod found for a Northeasterly comer of said Elray Family Limited Partnership called 254.613 acre tract of land per deed and called 263.613 acre tract of land per plat, same being the Northeasterly corner of said Harry and Mirza Coussou called 1.728 acre tract, same being, in the Southerly line of that certain Harry and Mirza Coussou called 0.500 acre tract of land, more fully described in Film Code No. 104-53-1374 of the Official Public Records of said County and State; THENCE North 87 deg. 55 min. 37. sec. East along and with a Northerly line of said Elray Family Limited Partnership called 254.613 acre tract of land per deed and called 263.613 acre tract of land per plat, same being the Southerly line of said Harry and Mirza Coussou called 0.500 acre tract, a distance of 107.94 feet to a 1/2 -inch iron rod found for and interior ell comer of said Elray Family Limited Partnership called 254.613 acre tract of land per deed and called 263.613 acre tract of land per plat, same being the Southeast comer of said Harry and Mirza Coussou called 0.500 acre tract; . LEGAL DESCRIPTION continued THENCE North 06 deg. 36 min. 13 sec. West along and with a Westerly line of said Elray Family Limited Partnership called 254.613. acre tract of land per deed and called 263.613 acre tract of land per plat, same being the Easterly line of said Harry and Mirza Coussou called 0.500 acre tract, a distance of 44.82 feet to a 1/2 -inch iron rod found for a Northwesterly corner of.said Elray Family Limited Partnership called 254.613 acre tract of land per deed and called 263.613 acre tract of land per plat, same being the Southwesterly comer of that certain Robert and Edna Ward called 0.623 acre tract of land, more fully described in Volume 1325, Page 106 of the Deed Records of said County and State; THENCE North 55 deg..23 min. 14. sec. East along and with a Northerly line of said Elray Family Limited Partnership called 254.613 acre tract of land per deed and called 263.613 acre tract of land per .plat, same being the Southerly line of said Robert and Edna Ward called 0.623 acre tract, a distance of 147.87 feet to a.1/2 -inch iron rod found fora Northerly corner of said. Elray Family Limited Partnership called 254.613 acre tract of land per deedd-aftd called 263.613 acre tract of land per plat, same being the Westerly comer of that certain Broussard's Mortuary, Inc. called _0.408 acre tract of land, more fully described in Clerk File No. 2005034661 of the Official Public Records of said County and State; THENCE South 34 deg. 3 min. 00 sec. East along and with a Northeasterly line of said Elray Family Limited Partnership called 254.613 acre tract :of land per deed and called 263.613 acre tract of land per plat, same being the Southwesterly line of said Broussard's Mortuary Inc. called 0.408 acre tract, a distance of 118.53 feet to a 1%2 -inch iron rod found for an interior ell corner of said Elray Family Limited Partnership called 254.613 acre tract of land per deed and called 263.613 acre tract of land per plat, same being the Southerly comer of said Broussard's Mortuary Inc. called 0.408 acre tract; THENCE North 59 deg. 10 min. 05 sec. East along and with a Northwesterly line of said Elray Family Limited Partnership called 254.613 acre tract of land per deed and called 263.613 acre tract of land per plat, same being the Southeasterly line of said Broussard's Mortuary Inc. called 0.408 acre tract, a distance of 138.71 feet to a 5/8 -inch iron rod marked "Leap Eng." set for a Northerly corner of said Elray-Family Limited Partnership called 254.613 acre tract of land per deed and called 263.613 acre tract of land. per plat, same being the Easterly comer of said Broussard's Mortuary Inc... called 0.408 acre tract, same being in the Southwesterly right of way, line of Stivers Road a dedicated public right of way; THENCE South 29 deg. 33 min. 24 sec. East along and with a Northeasterly line of said Elray Family Limited Partnership called 254.613 acre tract of land per deed and called 263.613 acre tract of land per plat, same being the Southwesterly right of way line of Stivers Road, a distance of 62.27 feet to a 5/8 -inch iron rod "Leap Eng." set for the beginning of a curve to the left having a radius of 15.00 feet and a delta angle of 46 deg. 22 min. 17 sec.; THENCE in a Southeasterly direction along and with said curve a chord bearing of South 24 • deg. 27 min 12 sec. East an arc distance of 12.14 feet to a 5/8 -inch iron rod marked "Leap Eng." set for the PT of said curve and the beginning of a curve to the right having a radius of 40.00 feet and a delta angle of 53 deg. 30 min. 00 sec.; • LEGAL DESCRIPTION continued THENCE in a Southeasterly direction along and with said curve a chord bearing of South -28 deg. 01 m1n..04 sec. East an arc distance of 37.35 feet to a 1/2 -inch iron rod found for a Easterly corner of said Elray Family Limited Partnership called 254.613 acre tract of land per deed and called 263.613 acre tract of land per plat, same being the Northwesterly corner of that certain Margaret Hebert Callaway called 1.596 acre tract of land, more fully described in Volume 2054, Page 33 of the Deed records of said County and State; THENCE South 12 deg. 19 min. 42 sec. West along and with a Easterly line of said Elray Family Limited Partnership called 254:613 .acre tract of land per deed and called 263.613 acre tract of land per plat, same being the Westerly line of said Margaret Hebert Callaway called 1.596 acre tract, a distance of 395.36 feet to a 1/2 -inch iron rod found for an interior ell comer of said Elray Family Limited Partnership called 254.613 acre tract of land per deed and called 263.613 acre tract of land per plat, same being the Southwesterly comer of said'Margaret Hebert Callaway called 1.596 acre tract; THENCE North 87 deg. 17 min. 48 sec. East along and with a Northerly line of said Elray Family Limited Partnership called 254.613 acre tract of land per deed, and called 263.613 acre tract of land per plat, same being the Southerly line of said Margaret Hebert Callaway called 1.596 acre tract,. a distance of 262.48 feet to a metal post in concrete found for an interior ell .comer of said Elray Family Limited Partnership called 254.613 acre tract of land per deed and called 263.613 acre tract of land per plat, same being the Southeasterly comer of said Margaret Hebert Callaway called 1.596 acre tract; THENCE North 01 deg. 21 min. 54 sec. West along and with a Westerly line of said Elray Family Limited Partnership called 254.613 acre tract of land per deed and called 263.613 acre tract of land per plat, same being the Easterly line of said Margaret Hebert Callaway called 1.596 acrc tract, a'distance of 299.32 feet to a metal post in concrete. found for an angle point of said Elray Family'Limited Partnership called 254.613 acre.tract of land per deed .and called 263.613 acre tract of land per plat, 'same being the Northwesterly comer of said Margaret Hebert Callaway called 1.596 acre tract; THENCE North 32 deg. 0.2 min. 34 sec. West along and with. a Westerly line of said Elray Family Limited Partnership called 254.613 acre tract of land per deed and called 263.613 acre tract of land per plat, same being the Northeasterly line of said Margaret Hebert Callaway.called 1.596 acre tract, a distance of 135.88 feet to a metal post in concrete found for a Westerly comer of said,Elray Family Limited Partnership called 254.613 acre tract of land per deed and called 263.613 acre tract of land per plat, same being the Northerly Comer of said Margaret Hebert Callaway called 1.596 acre tract, same being in the Easterly right of way line of Slivers Road, same being the Southwesterly comer of said Catholic Diocese of Beaumont called 1.470 acre tract; LEGAL DESCRIPTION continued THENCE North 56 deg. 27 min. 55 sec. East along and with a Northerly line of said Elray Family Limited Partnership called 254.613 acre tract of land per deed and called 263.613 acre tract of land per plat, same being the Southerly line of said Catholic Diocese of Beaumont called 1.470 acre tract, a distance of 104.42 feet to a 1/24nch iron rod found for an interior comer of said Elray Family Limited Partnership called 254.613 acre tract of land per deed and called 263.613 acre tract of land per plat, same being the Southeasterly comer of said Catholic Diocese of Beaumont called 1.470 acre tract; THENCE North 33 deg. 17 min. 39 -sec. West and with the. a Westerly line of said Elray Family Limited Partnership called 254.613 acre tract of land per deed and called 263.613 acre tract of land per plat, same being the Easterly line of said Catholic Diocese of Beaumont called 1.470 acre tract, a distance of 583.31 feet to the PLACE OF BEGINNING, containing 264.477 acres of land, more or less. 0.: 0 le1953--P: Request for a general land use plan in a PUD District and a specific use pe allow multi -family residential and general retail and professional office uses. kation: South side of Fannett at Stivers mlicant: Leonard Kirtman for Global Ventures C=AVID -S 0 500 1,000 I Feet R -S EXHIBIT "B" U • • V., c /SPA MC�yT,W O a � 4 � 4 � �+p?� � �i7 •. �1 J � 1L aj � (o .�� F •��> � o oar � - in LLE.BR A T BAYOU ce RE02 Wim, j I 1m4 W �q a W i EXHIBIT "C" R L 2 July 29, 2008 Consider a request for a specific use permit to allow an eating place and general office use in an RCR (Residential Conservation and Revitalization) District at 2306 Hazel RICH WITH OPPORTUNITY 1111LMA,111�10N74( T• E• X - A• S TO: FROM: PREPARED BY: MEETING DATE: City Council Agenda Item City Council Kyle Hayes, City Manager Chris Boone, Community Development Director July 29, 2008 REQUESTED ACTION: Council consider a request for a specific use permit to allow an eating place and general office use in an RCR (Residential Conservation and Revitalization) District at 2306 Hazel. RECOMMENDATION The Administration recommends approval of the request. BACKGROUND Patricia LeDe has applied for the specific use permit. Ms. LeDe states that she intends to restore and remodel the building that, for many years, was Brad's Place Restaurant. The building suffered damage from Hurricane Rita and has been vacant since. In 1998, Brad Nelson received a specific use permit that allowed his restaurant and catering business on the subject property. The building immediately north of the restaurant was used as Mr. Nelson's office for the restaurant and catering business. At a Joint Public Hearing held July 21, 2008, the Planning Commission recommended approval 6:0 for a specific use permit to allow an eating place and general office use in an RCR (Residential Conservation and Revitalization) District at 2306 Hazel. BUDGETARY IMPACT None. ORDINANCE NO. ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW AN EATING PLACE AND GENERAL OFFICE USE IN AN RCR (RESIDENTIAL CONSERVATION AND REVITALIZATION) DISTRICT LOCATED AT 2306 HAZEL IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS, the City Council for the City of Beaumont desires to issue a specific use permit to Patricia LeDe to allow an eating place and general office use in an RCR (Residential Conservation and Revitalization) District located at 2306 Hazel, being Lots 27-28, Block 18, Averill Addition, City of Beaumont, Jefferson County, Texas, containing 0.32 acres, more or less, as shown on Exhibit "A" attached hereto; and, WHEREAS, the City Council is of the opinion that the issuance of such specific use permit is in the best interest of the City of Beaumont and its citizens: NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That a specific use permit to allow an eating place and general office use in an RCR (Residential Conservation and Revitalization) District located at 2306 Hazel, being Lots 27-28, Block 18, Averill Addition, City of Beaumont, Jefferson County, Texas, containing 0.32 acres, more or less, as shown on Exhibit "A" attached hereto and made a part hereof for all purposes, is hereby granted to Patricia LeDe, her legal representatives, successors and assigns. Section 2. That the specific use permit herein granted is expressly issued for and in accordance with each particular and detail of the site plan attached hereto as Exhibit "B" and made a part hereof for all purposes. Section 3. Notwithstanding the site plan attached hereto, the use of the property herein above described shall be in all other respects subject to all of the applicable regulations contained in Chapter 30 of the Code of Ordinances of Beaumont, Texas, as amended, as well as comply with any and all federal, state and local statutes, regulations or ordinances which may apply. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 29th day of July, - Mayor Becky Ames - le -1956-P: Request for a specific use permit to allow an eating place and general office ise in an RCR (Residential Commercial Revitalization) District. vocation: 2306 Hazel applicant: Patricia UDe 0 100 200 1 I I Feet Q EXHIBIT "B" � a u EXHIBIT "B" 3 July 29, 2008 Consider a request for a specific use permit to allow a warehouse in a GC -MD (General Commercial -Multiple Family Dwelling) District at 2990 Laurel RICH WITH OPPORTUNITY r T• E• X• A• S TO: FROM: PREPARED BY: MEETING DATE: City Council Agenda Item City Council Kyle Hayes, City Manager Chris Boone, Community Development Director July 29, 2008 REQUESTED ACTION: Council consider a request for a specific use permit to allow a warehouse in a GC -MD (General Commercial -Multiple Family Dwelling) District at 2990 Laurel. RECOMMENDATION The Administration recommends approval of the request. BACKGROUND Harry Kilgore has applied for the specific use permit. The proposed warehouse is to be located in an existing 15,000 sq. ft. commercial building. Mr. Kilgore states that the building will consist of approximately 14,000 sq. ft. of warehouse space and approximately 1,000 sq. ft. of office space. The building was last used as a day care center. However, the building has been vacant for several years. The building was originally constructed for commercial uses. The proposed use will be compatible with surrounding uses. There are several warehouse distribution centers within close proximity of the subject property. At a Joint Public Hearing held July 21, 2008, the Planning Commission recommended approval 6:0 for a specific use permit to allow a warehouse in a GC -MD (General Commercial -Multiple Family Dwelling) District at 2990 Laurel. BUDGETARY IMPACT None. ORDINANCE NO. ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A WAREHOUSE IN A GC -MD (GENERAL COMMERCIAL -MULTIPLE FAMILY DWELLING) DISTRICT LOCATED AT 2990 LAUREL IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS, the City Council forthe City of Beaumont desires to issue a specific use permit to Harry Kilgore to allow a warehouse in a GC -MD (General Commercial -Multiple Family Dwelling) District located at 2990 Laurel, being Tract 73-A, Plat C6, Noah Tevis Survey, City of Beaumont, Jefferson County, Texas, containing 1.036 acres, more or less, as shown on Exhibit "A" attached hereto; and, WHEREAS, the City Council is of the opinion that the issuance of such specific use permit is in the best interest of the City of Beaumont and its citizens: NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That a specific use permit to allow a warehouse in a GC -MD (General Commercial - Multiple Family Dwelling) District located at 2990 Laurel, being Tract 73-A, Plat C6, Noah Tevis Survey, City of Beaumont, Jefferson County, Texas, containing 1.036 acres, more or less, as shown on Exhibit "A" attached hereto and made a part hereof for all purposes, is hereby granted to Harry Kilgore, his legal representatives, successors and assigns. Section 2. That the specific use permit herein granted is expressly issued for and in accordance with each particular and detail of the site plan attached hereto as Exhibit "B" and made a part hereof for all purposes. Section 3. Notwithstanding the site plan attached hereto, the use of the property herein above described shall be in all other respects subject to all of the applicable regulations contained in Chapter 30 of the Code of Ordinances of Beaumont, Texas, as amended, as well as comply with any and all federal, state and local statutes, regulations or ordinances which may apply. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 29th day of July, - Mayor Becky Ames - -P: Request fora specific use permit to allow a warehouse in a GC -MD (General 6ial-Multiple Family Dwelling) District. ition: 2990 Laurel licant: Harry Kilgore 0 100 200 1 f I Feet V/VI IIYI 1 A o � o v 1 Jt H � c � n z Z I O G r 133 15 .� I EXHIBIT "B" ai July 29, 2008 Consider a request for a specific use permit to allow a boarding house in a GC -MD (General Commercial -Multiple Family Dwelling) District at 10295 Eastex Freeway RICH WITH OPPORTUNITY 11 Ic'► � T - E - X - A - S City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Chris Boone, Community Development Director MEETING DATE: July 29, 2008 REQUESTED ACTION: Council consider a request for a specific use permit to allow a boarding house in a GC -MD (General Commercial - Multiple Family Dwelling) District at 10295 Eastex Freeway. RECOMMENDATION The Administration recommends denial of the request. BACKGROUND Debbie Bonin, for Hattie's House, has applied for the specific use permit. The subject property is the former location of Girls Haven. Ms. Bonin states that the building will provide housing for individuals with a very low income, who are homeless, those with a mental illness, as well as those who simply do not want to live alone anymore. Hattie's House provides room and board, not care, to those not having the means or the money to live alone or with family members. Residents are taught to keep appointments, how to stay medication compliant and how to engage in gainful employment. Transportation is provided to and from doctors appointments, job interviews, family visits, shopping and community events. Qualified individuals are employed to supervise the boarding house. Hattie's House will be renting the property from Triumph Church, which is immediately to the south. Activity will be restricted to the structure and a minimal outdoor area. Ms. Bonin states that Hattie's House has three homes in Orange County that have operated for the past four years. At a Joint Public Hearing held July 21, 2008, the Planning Commission voted 3:3 for a specific use permit to allow a boarding house in a GC -MD (General Commercial -Multiple Family Dwelling) District at 10295 Eastex Freeway subject to the following condition: "- 1. Provide a 6' tall wood screening fence around the rear yard of the house. The west line of the fence shall be a minimum of 25' from the rear of the house and the north and south lines of the fence shall tie in with the corners of the house. BUDGETARYIMPACT None. ORDINANCE NO. ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A BOARDING HOUSE IN A GC -MD (GENERAL COMMERCIAL -MULTIPLE FAMILY DWELLING) DISTRICT FOR PROPERTY LOCATED AT 10295 EASTEX FREEWAY IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS, the City Council for the City of Beaumont desires to issue a specific use permit to Debbie Bonin, for Hattie's House, to allow a boarding house in a GC -MD (General Commercial -Multiple Family Dwelling) District for property located at 10295 Eastex Freeway, being Tract 72, Plat RS 4, Abst. 17, W.B. Dyches Survey, City of Beaumont, Jefferson County, Texas, containing 2.921 acres, more or less, as shown on Exhibit "A" attached hereto; and, WHEREAS, the City Council is of the opinion that the issuance of such specific use permit is in the best interest of the City of Beaumont and its citizens, subject to the hereinafter described conditions: NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That a specific use permit to allow a boarding house in a GC -MD (General Commercial -Multiple Family Dwelling) District for property located at 10295 Eastex Freeway, being Tract 72, Plat RS 4, Abst. 17, W.B. Dyches Survey, City of Beaumont, Jefferson County, Texas, containing 2.921 acres, more or less, as shown on Exhibit "A," attached hereto and made a part hereof for all purposes, is hereby granted to Debbie Bonin for Hattie's House, it's legal representatives, successors and assigns, subject to the hereinafter described condition: Provide a 6' tall wood screening fence around the rear yard of the house. The west line of the fence shall be a minimum of 25' from the rear of the house and the north and south lines of the fence shall tie in with the corners of the house. Section 2. That the specific use permit herein granted is expressly issued for and in accordance with each particular and detail of the site plan attached hereto as Exhibit "B" and made a part hereof for all purposes. Section 3. Notwithstanding the site plan attached hereto, the use of the property hereinabove described shall be in all other respects subject to all of the applicable regulations contained in Chapter 30 of the Code of Ordinances of Beaumont, Texas, as amended, as well as comply with any and all federal, state and local statutes, regulations or ordinances which may apply. PASSED BYTHE CITY COUNCIL of the City of Beaumont this the 29th day of July, - Mayor Becky Ames - �& 1955 -Y -Y: Request for a specific use permit to allow a boardinghouse in a GC -MD ;General Commercial -Multiple Family Dwelling) District. ,ocation: 10295 Eastex Freeway kpplicant: Debbie Bonen for Hattie's House I 0 200 400 Feet I Am I EXHIBIT "A" roUND E/s T J S 11' 15' 00" 38 .28' ' - -FOUND t/p IRON PIPS UNDERGROUND (CALIdD 1 11'15.00• s wild IRON ROb - TIBER OPTIC C"LE 10295 EASTEX FREEWAY No TE: 1. CONCRETE OVERLAPS THE PROPERTY LINE 0.22 FEET DESCRrPTION Or SCAWaS: LOCATE CORNERS AND SHOW IMPROVEMENTS SUAf2YDR•S C&AMICA270K TO THE LMNHOLDZRS AND THZ OnTRS OF rRk PREMISES, SUMT17D AND TO TBE CHICACO 1TPL4 mSUIt"CE COMPANY. RECEIVED The undersigned dors hereby certVV that this survey was this day made sn the ground of the property legally CITY OF 6EAUMONT described hereon and is correct. and that there ars no discrepancies. conflicts, shortages in area boundary line conflicts, w rawhments, over -lopping of improvements, samnents or rights of way, except as shoum hereon. Fl It:-iNG DIVISION and that said property has access to and Pram, a dedicated rood my. Dated MAY 28. 2002 - The above tract being located at 10295. EASTEX FREEWAY- BEAUMONT- TEXAS 77708 and 6*.W described as 2.92 ACRF- .TRACT 1)11T AF THF WPSLFY R_ D :HFS SlIRYEY ARSTRACT 17 _ as recorded in Volume= , Page -= of the DEED Records'ef JEFFERSON County, Tame. In accordance nllp with the Flood Inru anct Rate Map of the Federal Emergency Management Agency, map mfrrwwo showth , e subject JUL 3 2UV<I tract Use 11. the flood sora rated Location on map was dst by scat. Actual field elevation not determined, unless requested FAUST Zngins-Ing and SA veying, Inc., do po her subscribe t or male of raid map. RICHARD F. FAUST REGISTERED PROFESSIONAL LAND SURVEYOR NO. 4782 Date, MAY 28, 2002 Census Tract: 1.01 FEMA Ftood Zone: C Community Panel NO.: 485457-0045 B Panel Data: 12/4/84 Field Book No.: 02-6 Project No. 0208-067 FAUST ENGINEERING AND SURVEYING, INC. 2525 Calder Street Beaumont, Trzas 77702 Office (409) 813-3410 Faz (409) 813-3484 EXHIBIT "Bf1 SURVEY LEGEND . —E --E--'— ELECTRIC LINE CONCRETE SURFACE ❑ A.C. AIRCONDITIONINC UNIT = _ _ _ = HOOD FENCE —PL—PL— PIPELINE ® COVERED AREA a PP POA'ER POLE CHAIN LINT( FENCE —T—T-- TELEPHONE LIKE ROCK OR GRAVEL STREETLIGHT X BARBED WIRE FENCE CLIENT. MAGNOLIA ENTERPRISE PARTNER LTD - GF#. 5SETS0927C POUND D/4' IRON PIPE FOUND CONC"m MONUMENT o o OLD VOTH ROAD 0 (60'SIT N 0823'55 0 2 MONfROD W 375.55' to g - StT 1/2' IRON ROD � SCALE: r' 60• A ABANDONED RAILROAD L�' "UNA IRON ROD �e 1 o (100' RO.W.) 3° Wo 10UND 3/4" TRACT IT DeON PfPI 0.84 acres 0 1 N 08.37'14' IP li 373-70' b (CALLED N O6rr Or' JrTIS-a y • cb rotnvD r/2' � FOUND SA' /6 IRON PIPE NOW OR FORMERLY IRON ROD PANT of RECINNLvc P.P. DEED JNDEX NUMBER o FOUND MON Roo 2002005274 ✓CRPR k PACE 440 ✓CDR - tRic VOL. 2339, s rDs BuualNc TRACT I - am SUB err 2.92 acres - � rorvc E: .. 6 ACRE TRACT L FILM CODE / 102-45-0576 /f JCRPR ofRe.sY slwwwc POOL D1m / q CC / ` Of >t k roan-COMC NALN i. ;� Ren Co+k l ON SLAB }� P -P. SLOB . 04 o W to ire o� pQ1W 1b,4 �c Zee c o�4 y' g e f = s4w uer ONs smitr tt C D pE WOODN MCC Rf or p Z _ fo,"c SSLAABB scn: .CC o E aura• _ o r-ao g 3.i V 2 NrpDlr•II 1 n roNCRCTB ORlrl 1 f / / / / / 0- bRlYs roUND E/s T J S 11' 15' 00" 38 .28' ' - -FOUND t/p IRON PIPS UNDERGROUND (CALIdD 1 11'15.00• s wild IRON ROb - TIBER OPTIC C"LE 10295 EASTEX FREEWAY No TE: 1. CONCRETE OVERLAPS THE PROPERTY LINE 0.22 FEET DESCRrPTION Or SCAWaS: LOCATE CORNERS AND SHOW IMPROVEMENTS SUAf2YDR•S C&AMICA270K TO THE LMNHOLDZRS AND THZ OnTRS OF rRk PREMISES, SUMT17D AND TO TBE CHICACO 1TPL4 mSUIt"CE COMPANY. RECEIVED The undersigned dors hereby certVV that this survey was this day made sn the ground of the property legally CITY OF 6EAUMONT described hereon and is correct. and that there ars no discrepancies. conflicts, shortages in area boundary line conflicts, w rawhments, over -lopping of improvements, samnents or rights of way, except as shoum hereon. Fl It:-iNG DIVISION and that said property has access to and Pram, a dedicated rood my. Dated MAY 28. 2002 - The above tract being located at 10295. EASTEX FREEWAY- BEAUMONT- TEXAS 77708 and 6*.W described as 2.92 ACRF- .TRACT 1)11T AF THF WPSLFY R_ D :HFS SlIRYEY ARSTRACT 17 _ as recorded in Volume= , Page -= of the DEED Records'ef JEFFERSON County, Tame. In accordance nllp with the Flood Inru anct Rate Map of the Federal Emergency Management Agency, map mfrrwwo showth , e subject JUL 3 2UV<I tract Use 11. the flood sora rated Location on map was dst by scat. Actual field elevation not determined, unless requested FAUST Zngins-Ing and SA veying, Inc., do po her subscribe t or male of raid map. RICHARD F. FAUST REGISTERED PROFESSIONAL LAND SURVEYOR NO. 4782 Date, MAY 28, 2002 Census Tract: 1.01 FEMA Ftood Zone: C Community Panel NO.: 485457-0045 B Panel Data: 12/4/84 Field Book No.: 02-6 Project No. 0208-067 FAUST ENGINEERING AND SURVEYING, INC. 2525 Calder Street Beaumont, Trzas 77702 Office (409) 813-3410 Faz (409) 813-3484 EXHIBIT "Bf1 41 July 29, 2008 Consider a request for a specific use permit to allow a drinking place in the CBD (Central Business District) at 268 Pearl Street RICH WITH OPPORTUNITY IIEA,111�10N* T- E - X• A• S TO: FROM: PREPARED BY: MEETING DATE: City Council Agenda Item City Council Kyle Hayes, City Manager Chris Boone, Community Development Director July 29, 2008 REQUESTED ACTION: Council consider a request for a specific use permit to allow a drinking place in the CBD (Central Business District) at 268 Pearl Street. RECOMMENDATION The Administration recommends denial of the request. BACKGROUND Brian Austin has applied for the specific use permit. Mr. Austin states that the property will be used as a night club that will generate revenue through the sale of alcoholic and non-alcoholic beverages during general business hours of 4 p.m. to 2 a.m. Monday through Saturday. The approximate occupancy of the facility will be 250 to 300 customers. The establishment will host live musical and other non-musical performances as provided by outside production companies and promoters. This type of entertainment will be provided approximately two times per week on a regular basis. All live performances will begin at or near 9:00 p.m. A smoking area will be provided in a fenced patio at the rear of the property. At a Joint Public Hearing held July 21, 2008, the Planning Commission recommended denial 6:0 for a specific use permit to allow a drinking place in the CBD (Central Business District) at 268 Pearl Street. BUDGETARY IMPACT None. ORDINANCE NO. ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A BUSINESS SELLING ALCOHOLIC BEVERAGES IN THE CBD (CENTRAL BUSINESS DISTRICT) FOR PROPERTY LOCATED AT 268 PEARL STREET IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS, the City Council forthe City of Beaumont desires to issue a specific use permit to Brian Austin to allow a business selling alcoholic beverages in the CBD (Central Business District) for property located at 268 Pearl Street, Tract 2, Plat E, Noah Tevis Survey, City of Beaumont, Jefferson County, Texas, containing 0.071 acres, more or less, as shown on Exhibit "A" attached hereto; and, WHEREAS, the City Council is of the opinion that the issuance of such specific use permit is in the best interest of the City of Beaumont and its citizens: NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That a specific use permit to allow a business selling alcoholic beverages in the CBD (Central Business District) for property located at 268 Pearl Street, Tract 2, Plat E, Noah Tevis Survey, City of Beaumont, Jefferson County, Texas, containing 0.071 acres, more or less, as shown on Exhibit "A," attached hereto and made a part hereof for all purposes, is hereby granted to Brian Austin, his legal representatives, successors and assigns. Section 2. That the specific use permit herein granted is expressly issued for and in accordance with each particular and detail of the site plan attached hereto as Exhibit "B" Section 3. Notwithstanding the site plan attached hereto, the use of the property hereinabove described shall be in all other respects subject to all of the applicable regulations contained in Chapter 30 of the Code of Ordinances of Beaumont, Texas, as amended, as well as comply with any and all federal, state and local statutes, regulations or ordinances which may apply. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 29th day of July, - Mayor Becky Ames - ,ile 1954_P: Requestfor a specific use permit to allow a night club in the CBD (Central lusiness District). ,ocation: 268 Pearl LDOcant: Brian Austin 0 100 200 t 1 1 1 Feet BD C Legend sT rt-OEN EXHIBIT "A" IC «ayl IIS1HX3 133NIS -WVDd July 29, 2008 Consider a request for an amended specific use permit to allow a drinking place in a GC -MD (General Commercial -Multiple Family Dwelling) District at 4345 Eastex Freeway RICH WITH OPPORTUNITY [1EA,[1M011 T- E- X- A- S TO: City Council Agenda Item City Council FROM: Kyle Hayes, City Manager PREPARED BY: Chris Boone, CommGSAunity Development Director MEETING DATE: July 29, 2008 REQUESTED ACTION: Council consider a request for an amended specific use permit to allow a drinking place in a GC -MD (General Commercial -Multiple Family Dwelling) District at 4345 Eastex Freeway. RECOMMENDATION The Administration recommends denial of the request. BACKGROUND Gradey Caldwell has applied for the amended specific use permit. Mr. Caldwell states that the building will be used for banquet hall rental with alcoholic sales. On March 5, 2002, a specific use permit was granted for a drinking place subject to occupancy being limited to 244 persons and there being only one owner identification sign for the night club permitted on the existing Aaron's reader board. The sign would be non -flashing. Jerry Jones signed the specific use permit application as both applicant and property owner. In February, 2004, the Beaumont Police Department instigated an undercover investigation of the club whereby drugs were found in numerous places, prostitution was occurring, two weapons were found and nudity was observed. Mr. Jones was arrested for operating a sexually oriented business without a license. On March 15, 2004, the Planning Commission and City Council held a public hearing to consider the revocation of the specific use permit. On March 23, 2004, City Council revoked the specific use permit for the drinking place based on the following reason: A sexually oriented business is not permitted in a GC -MD District. The nightclub was in violation of Section 30-33(b)2 of the Zoning Ordinance which states that "eating places (SIC 5812) and drinking places (SIC 5813) that have adult entertainment and video tape rental (SIC 7841) that rents adult video tapes shall not be allowed in the RCR, NC, GC -MD and GC -MD -2 districts. On March 20, 2006, the Planning Commission and City Council held a public hearing to consider a request for a new specific use permit to allow a drinking place at 4345 Eastex Freeway with a Frederick Smith as applicant. The application showed Jerry Jones as the owner. On April 4, 2006, City Council approved the request for a specific use permit subject to the following conditions: Limit the occupancy to a maximum of 240 persons or obtain approval of a special exception to the parking requirements from the Zoning Board of Adjustment. No adult entertainment will be provided. Because the proposal consisted of more than just a night club and the operation of the club was under a different name, Mr. Caldwell was required to apply for a new specific use permit. At a Joint Public Hearing held June 16, 2008, the Planning Commission recommended denial 4:3 of an amended specific use permit to allow a drinking place in a GC -MD (General Commercial - Multiple Family Dwelling) District at 4345 Eastex Freeway. The "20% Rule" Section 30-40. D. of the Zoning Ordinance states the following: Protest: The City Council shall not amend, supplement, change, modify or repeal any regulation, restriction or boundary or approve a Specific Use Permit where a protest against such change, signed by the owners of twenty (20) percent or more either of the area of the lots included in such proposed change or of the lots or land immediately adjoining the same and extending two hundred (200) feet therefrom, except by the favorable vote of three-fourths (314) of all the members of the City Council. This means that in order to approve a zone change or specific use permit when the 20% rule has been invoked at least six Council members must vote in favor of the Ordinance. On File 1949-P, a -protest of 25.5% was received, therefore invoking the Rule on this case. BUDGETARYIMPACT None. ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING ORDINANCE 06- 020 TO ALLOW A BANQUET HALL RENTAL BUSINESS WITH ALCOHOLIC BEVERAGE SALES IN A GC -MD (GENERAL COMMERCIAL -MULTIPLE FAMILY DWELLING) DISTRICT LOCATED AT 4345 EASTEX FREEWAY; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR REPEAL. BE IT ORDAINED BY THE CITY OF BEAUMONT: WHEREAS, Ordinance No. 06-020 passed on April 4, 2006 granted a specific use permit to Frederick J. Smith, Jr. to allow a drinking place in a GC -MD (General Commercial -Multiple Family Dwelling) District at 4345 Eastex Freeway, being Plat D22, Tract 53, F. Bigner Survey, City of Beaumont, Jefferson County, Texas, containing 0.996 acres, more or less, as shown on Exhibit "A" attached hereto; and, WHEREAS, Gradey Caldwell has applied to amend the specific use permit to allow the premises to be used for a banquet hall rental business with on premise alcoholic beverage sales; and, WHEREAS, the City Council is of the opinion that the amendment of such specific use permit is in the best interest of the City of Beaumont and its citizens; NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. THAT Ordinance 06-020 passed on April 4, 2006 by the City Council of the City of Beaumont is hereby amended to issue a specific use permit to Gradey Caldwell, his legal representatives, successors and assigns to allow a banquet hall rental business with on premise alcoholic beverage sales in a GC -MD (General Commercial -Multiple Family) District located at 4345 Eastex Freeway, being Plat D22, Tract 53, F. Bigner Survey, City of Beaumont, Jefferson County, Texas, containing 0.996 acres, more or less, as shown on Exhibit "A" attached hereto. Section 2. That the specific use permit herein granted is expressly issued for and in accordance with each particular and detail of the site plan attached hereto as Exhibit "B" and made a part hereof for all purposes. Section 3. Notwithstanding the site plan attached hereto, the use of the property hereinabove described shall be in all other respects subject to all of the applicable regulations contained in Chapter 30 of the Code of Ordinances of Beaumont, Texas, as amended, as well as comply with any and all federal, state and local statutes, regulations or ordinances which may apply. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 29th day of July, - Mayor Becky Ames - {& 1949-P: Request for an amended specific use permit to allow a drW&gplace in a GC - 0 (General CommerciaWultiple Family Dwelling) Vistrict. . location: 4345 Eastez Freeway �plicant: Gradey Caldwell 0 100 200- 1 1 i Feet 04/29/2003 01:02 9102309431 0474 PAGE 07 fi • i .Y • Consider a request to abandon a portion of Stone Oak Drive • 0 July 29, 2008 . RICH WITH OPPORTUNITY 11EA,[1M011* T • E • % • A • S TO: City Council Agenda Item City Council FROM: Kyle Hayes, City Manager C))"7 PREPARED BY: Chris Boone, Community Development Director MEETING DATE: July 29, 2008 REQUESYED ACTION: Council consider a request to abandon a portion of Stone Oak Drive. RECOMMENDATION The Administration recommends approval of the request to abandon a portion of Stone Oak • Drive. BACKGROUND Gordon George, owner of Adam Shea, Ltd., has applied for the abandonment. The 0.14 acre portion of Stone Oak borders the northern most property line of Lot 10, Stone Oak Industrial Park. Mr. George is selling 18.17 acres of land to the west of the end of Stone Oak Drive. The purchaser needs unencumbered access to the property. Abandoning this 0.14 acre of right-of-way gives the purchaser his desired access. The abandoned property will be deeded to the purchaser. Mr. George has an agreement with IBEW Credit Union to deed its half of the abandoned right-of-way to the purchaser. The purchaser of the 18.17 acres has a 13 -year lease with a large industrial construction company and will construct a 70'x 435' office/warehouse and lay down yard for the lessee. The temporary cul-de-sac that now exists will be replaced with a permanent, concrete curb -and - gutter cul-de-sac. At a Regular Meeting held July 21, 2008, the Planning Commission recommended approval 6:0 to abandon a portion of Stone Oak Drive. BUDGETARYIMPACT None. • Adam Shea, Ltd June 26, 2008 P.O. Box 665 Port Neches, TX 77651 Cell - (409) 932-5153 Fax — (409) 729-4441 Dear Council, Adam Shea, Ltd., respectfully request the abandonment of a right-of-way easement bordering the northern most property line of our lot #10 located in Stone Oak Industrial Park, Section 1, 17/307 J.C.M.R., Beaumont, Texas. Adam Shea, Ltd., also owns the 18.17 acres track of vacant land bordering the most western property line of the right-of- way easement. This 18.17 -acre track knows as Section Two of Stone Oak Industrial Park is under contract for sale. The purchaser of this 18.17 track of land needs unencumbered access to the property. Abandoning this .tacre right of way gives this purchaser unencumbered access. The .1f -acre will be deeded to the purchaser. The temporary cul-de-sac will be made permanent replacing the temporary asphalt with concrete curb and gutter. Mr. Maddox has approved the cul-de-sac turn radius agreeing the cul-de-sac has enough room for the fire department to turn their fire trucks around. • The purchaser of the 18.17 acres has a 13 -year lease with a large industrial construction company and will construct a 435' L x 70' W office / warehouse for this company. The remaining property, under the current plans, is to be used as stabilized lay down yard. The abandonment of this .1f acre right-of-way facilitates growth and investment in our community. T, ank you for your service and consideration. Si 0 6 Geo Shea, IBEW LOCAL 2286 INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS AFL -CIO -CLC 1430 Spindletop Road P.O. Box 3623 Beaumont, Texas 77704 Phone: (409) 838-3448 Fax (409) 838-1302 June 26, 2008 City Council Beaumont, Texas Dear Council: The members of IBEW Local Union 2286 respectfully request the • abandonment of a right-of-way easement bordering the southern most property line of our lot #9 located in Stone Oak Industrial Park, Section 1, 17/307 J.C.M.R., Beaumont, Texas. This abandonment would further the growth of our community, increase jobs, as well as, increase our tax base. Please direct any questions to Randy Albin, Business Manager for IBEW Local Union 2286. Thank you very much for your time and efforts.. Sincerely, Randy Albin, Business Manager IBEW Local 2286 P.O. Box 3623 Beaumont, TX 77704 Office — 409-838-3448 Fax — 409-838-1302 Cc: File • • • ORDINANCE NO. ENTITLED AN ORDINANCE ABANDONING AN 0.14 ACRE PORTION OF STONE OAK DRIVE BORDERING THE NORTHERNMOST PROPERTY LINE OF LOT 10, STONE OAK INDUSTRIAL PARK, IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. BE IT ORDAINED BY THE CITY OF BEAUMONT: THAT an 0.14 acre portion of Stone Oak Drive bordering the northernmost property line of Lot 10, Stone Oak Industrial Park, as described in Exhibit "A" and shown on Exhibit "B" attached hereto, be and the same is hereby vacated and abandoned. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 29th day of July, - Mayor Becky Ames - • LEGAL DESCRIPTION FOR ORDINANCE PURPOSES • • BEGINNING at a %2 -inch iron rod found at the Northwest corner of Lot 10 of said Stone Oak Industrial Park, Section l; THENCE, North 89 deg. 35 min. 42 sec. East, along the North line of said Lot 10 for a distance of 70.39 feet to a %2 -inch iron rod found for comer; THENCE, along the residue of said Stone Oak Industrial Park and a curve to the right with a Radius of 65.00 feet, an Arc Length of 106.65 feet, a Chord Bearing of North 42 deg. 11 min. 08 sec. East and a Chord Distance of 95.08 feet to a V2 -inch iron rod found in the South line of Lot 9 of said Stone Oak Industrial Park; THENCE, South 89 deg. 35 min. 42 sec. West, along the South line of said Lot 9 for a distance of 134.88 feet to a %2 -inch iron rod found in the West line of said Stone Oak Industrial Park; THENCE, South 00 deg. 31 min. 48 sec. East, along the West line of said Stone Oak Industrial Park for a distance of 70.00 feet to the POINT OF BEGINNING and containing 0.14 acres of land; EXHIBIT `A' • • CITY OF BEAUMONT - 3.306 ACRE TRACT 1827/232 J.C.D.R. LINE TABLE UNE ILENGTH I LOT 7 I 1 S 9' '4 "W 1 1 70.39 '42 L3' 1 113.35 M.CB OCK IGHT 4/194 J.C.M.R. S89'34'49"W 727.88' STONE OAK INDUSTRIAL PARK I SECTION 1 ' 17/307 J.C.M. R. c = L LOT 8 i ct —c x ROMEDA COMMERCIAL PARK I1 12.00 ACRE TRACT w LOT 9 15/391 J.C.M.R. I m a rn 0.14 ACRE c rn Ir TRACT �.o N89'38'27"E 435.65' A _ P.a.L 0.17 L2 p t7 TR O N NM. 'I � � R y IIn t o V .m 6.17 ACRE TRACT STONE OAK �INDUSTRIAL PARK m SECTION 1 il,co) 17/307 J.C.M.R. N c + a LOT 10 Iv + c a USAF. Llff_ P.O.B. - P.O.B. - 12.00 AC TR _ _ — _ _ _ _ —_3W _PML _ _ 6.94 AC TR N89.39'48"E S89'35'42"W 550.05' 290.13' CITY OF BEAUMONT - 3.306 ACRE TRACT 1827/232 J.C.D.R. LINE TABLE UNE ILENGTH BEARING Lt 134.88 S 9' '4 "W L2 1 70.39 '42 L3' 1 113.35 '3 '4 " N 1" = 200' n ox 4m,- CORNERS mw CORNERS ARE MARKED WITH FOUND 1/2' IRON RODS. CURVE TABLE CURVE I LENGTH I RADIUS I CHORD BEARING&DISTANCE . Cl 106.65 65.00 1 141421"I'08"E.95.08 I, J.D. MaCLENAN DO HEREBY CERTIFY THAT THIS IS A TRUE AND ACCURATE PLAT OF A 12.00 ACRE TRACT AND A 6.17 ACRE TRACT OUT OF THE M. C. CARTWRIGHT SUBDIVISION, RECORDED IN VOLUME 4, PAGE 194, MAP RECORDS OF JEFFERSON COUNTY, TEXAS AND A 0.14 ACRE TRACT OUT OF STONE OAK INDUSTRIAL PARK, SECTION 1, RECORDED IN VOLUME 17, PAGE 307, .MAP RECORDS OF JEFFERSON COUNTY; TEXAS.AND SHOWING NO IMPROVEMENTS THEREON. THERE ARE NO OVERLAPPING OF IMPROVEMENTS EXCEPT.AS SHOWN HEREON. THE UNDERSIGNED SURVEYOR DOES NOT WARRANT OR SUBSCRIBE TO THE -ACCURACY OR SCALE OF FLOOD ZONE INFORMATION WHICH IS DERIVED FROM THE ABOVE REFERENCED FLOOD INSURANCE RATE MAP. USE OF THIS .SURVEY FOR ANY OTHER PURPOSE OR BY ANY OTHER PARTIES IS AT THEIR OWN RISK AND THE UNDERSIGNED SURVEYOR IS NOT RESPONSIBLE FOR ANY LOSS RESULTING THEREFROM. Texas 6tratlon Number. 2512 THIS PROPERTY LIES IN FLOOD ZONE X AS INDICATED ON PANEL 485457 0025 D DATED 08/06/0; CCS 08-257 SURVEYED FOR: ADAM SHEA, LTD., A TEXAS LIMITED PARTNERSHIP VACANT, STONE OAK DRIVE BEAUMONT, TEXAS PREPARED BY: 13 -LINE SURTFRYORS INC CML ENOINEERINO/LAND SMEYINO P.O. BOX 2140 ORANOL TX 77631 (409) 163-6665 July 29, 2008 Consider a request by ExxonMobil for the disannexation of approximately seven acres of property • • 0 RICH WITH OPPORTUNITY BEA,UM011* T - E - % - A - S TO: City Council Agenda Item City Council FROM: Kyle Hayes, City Manager � Sid PREPARED BY: Chris Boone, Community Development Director MEETING DATE: July 29, 2008 REQUESTED ACTION: Council consider a reque:-t for a disannexation of property from the City of Beaumont. RECOMMENDATION The Administration recommends approval of the request. BACKGROUND ExxonMobil has applied for the disannexation of property. ExxonMobil has requested disannexation of approximately 7 acres of property within the Charlton - Pollard area of the City of Beaumont. ExxonMobil states that this disannexation will complete the work referenced in the 2002 Agreement between the City and ExxonMobil. In combination with ExxonMobil's 2003 disannexation, this request will enable the company to create a secure perimeter at Sycamore and Carroll Streets. The proposed method of disannexation by ordinance, as outlined in the City's charter, allows for the alteration of boundary limits, provided that such an ordinance is introduced to City Council, published in a daily newspaper and then acted upon at least thirty (30) days later. Therefore, final consideration would be submitted to the Council once all notifications have been complied with. At a Joint Public Hearing held June 16, 2008, the Planning Commission recommended approval 6:0:1 of a request for a disannexation of property £ om the City of Beaumont. BUDGETARY IMPACT None. ORDINANCE NO. ENTITLED AN ORDINANCE DISANNEXING EIGHT (8) TRACTS OF LAND TOTALING APPROXIMATELY 5.174 ACRES OUT OF THE DAVID BROWN LEAGUE, ABSTRACT 5, FROM THE CORPORATE LIMITS OF THE CITY OF BEAUMONT, TEXAS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR REPEAL. WHEREAS, in 2002, ExxonMobil and the City of Beaumont entered into an Industrial District Agreement; and WHEREAS, in conjunction with the Industrial District Agreement, ExxonMobil and the City of Beaumont entered into an agreement for the purposes of disannexing certain properties, preventing reannexation of said properties and providing consideration for disannexation of the property; and WHEREAS, on December 9, 2003, the City Council of the City of Beaumont • approved, by Ordinance No. 03-096, the disannexation of 68.57± acres; and WHEREAS, ExxonMobil has since acquired the additional eight (8) tracts of land totaling approximately 5.174 acres and has requested the disannexation of this land; and WHEREAS, the City of Beaumont has abandoned all of the streets and alley rights- of-way in the area requested for disannexation; and WHEREAS, the City Council of the City of Beaumont finds that the subject of this ordinance is within their power as authorized by Article I, Section 4, of the Charter, that steps necessary to the disannexation have been satisfied, and deems it to be in the best interest of the health, safety and welfare of the citizens of the City of Beaumont to disannex the requested property from the corporate limits of the City of Beaumont; NOW, THEREFORE, BE IT ORDAINED 0 BY THE CITY OF BEAUMONT: • Section 1. THAT the eight (8) tracts of land totaling approximately 5.174 acres out of the David Brown League, Abstract 5, as described in Exhibits "A" through "H" and shown on Exhibit "I," attached hereto and made a part hereof for all purposes, located within the corporate limits of the City of Beaumont be and they are hereby declared disannexed from the boundaries of the City of Beaumont, Texas, and they are no longer a part of the City of Beaumont, Texas. Section 2. That if any section, subsection, sentence, clause or phrase of this ordinance, or the application of same to a particular set of persons or circumstances should for any reason be held to be invalid, such invalidity shall not affect the remaining portions of this • ordinance, and to such end the various portions and provisions of this ordinance are declared to be severable. Section 3. That all ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 29th day of July, - Mayor Becky Ames - 0 C� FIELD NOTE DESCRIPTION FOR A 0.2780 ACRE TRACT FOR THE DEANNEXATION OF A PORTION OF FULTON AVENUE OUT OF THE DAVID BROWN SURVEY, ABSTRACT 5 JEFFERSON COUNTY, TEXAS MAY 8, 2008 TRACT 1-DEANNEX That certain portion of Fulton Avenue, a 0.2780 acre tract out of the David Brown Survey, Abstract 5, Jefferson County, Texas, also being out of and a part of Oakwood Addition, a plat recorded in Volume 4 Page 67, of the Map Records of Jefferson County, Texas, said 0.2780 acre tract being more particularly described by metes and bounds as follows: Note: The Basis of Bearings is along south right-of-way line of. Van Buren Avenue between Holly and Grove Streets, having been called North 89059'00" East in Clerk's File No. 9842565 of the Official Public Records of Jefferson County, Texas. BEGINNING at a W iron pipe found at the intersection of the east right-of-way line of Sycamore Street with the north right-of-way line of Fulton Avenue for the southwest corner of Lot 16, Block 16 of said Oakwood Addition and the northwest corner of the said 0.2780 acre tract; • THENCE North 89°52'11" East along the said north right-of-way line of Fulton Avenue and the said 0.2780 acre tract being the south line of the said Block 16 a distance of 201.31 feet to a point for the northeast corner of a called 0.0690 acre tract being a portion of Fulton Avenue abandoned in Ordinance Number 03-083 as described in Clerks File No. 2005008148 of the Official Public Records of Jefferson County, Texas, the southeast corner of Lot 13,.Block 16 of said Oakwood Addition and the northeast corner of the said 0.2780 acre tract; THENCE South 00°13'11" East along the east line of the said 0.0690 and 0.2780 acre tracts a distance of 60.12 feet to a point in the south right-of-way line of Fulton Avenue for the northeast corner of Lot 4, Block 23 of said Oakwood Addition, the southeast comer of the said 0.0690 and 0.2780 acre tracts; THENCE South 89°52'11' West along the said south right-of-way line of Fulton Avenue and the said 0.2780 acre tract being the north line of said Block 23 a distance of 201.52 feet to a point in the said east right-of-way line of Sycamore Street for the northwest corner of Lot 1 of said Block 23 and the southwest corner of the said 0.2780 acre tract; THENCE North 00001'25" West along the said east right-of-way line of Sycamore Street and the west line of the said 0.2780 acre tract a distance of 60.12 feet to the POINT OF BEGINNING and containing 0.2780 acres (12,108.43 sq. ft.) of land, more or less. Fittz & Shipman, Inc. • Page 1o1 02166.Tr1Dx EXHIBIT `A' • FIELD NOTE DESCRIPTION FOR A 0.1603 ACRE TRACT FOR THE DEANNEXATION OF LOT 13, BLOCK 16, OAKLAND ADDITION OUT OF THE DAVID BROWN SURVEY, ABSTRACT 5 JEFFERSON COUNTY, TEXAS MAY 13, 2008 TRACT 2-DEANNEX That certain 0.1603 acre tract out of the David Brown Survey, Abstract 5, Jefferson County, Texas, being Lot 13, Block 16 of Oakwood Addition, a plat recorded in Volume 4 Page 67, of the Map Records of Jefferson County, Texas and conveyed to ExxonMobil Oil .Corporation as recorded in Clerks File No. 2007046843 of the Official Public Records of Jefferson County, Texas, said 0.1603 acre tract being more particularly described by metes and bounds as follows: Note: The Basis of Bearings is along south right-of-way line of Van Buren Avenue between Holly and Grove Streets, having been called North 89059'00" East in Clerk's File No. 9842565 of the Official Public Records of Jefferson County, Texas. COMMENCING at a '/" iron pipe found at the intersection of the east right-of-way line of Sycamore Street with the north right-of-way line of Fulton Avenue for the southwest comer of Lot 16, Block 16 of said Oakwood Addition; THENCE North 89°52'11" East along the said north right-of-way line of Fulton Avenue and the south line of said Block 16 a distance of 151.31 feet to a point for the southwest corner of said Lot 13 and the said 0.1603 acre tract for the POINT OF BEGINNING; THENCE North 00°13'11" West along the west line of said Lot 13 and the said 0.1603 acre tract a distance of 139.65 feet to a point in the south line of an alley abandoned in Ordinance #03-047 dated June 24, 2003 for the northwest corner of said Lot 13 and the said 0.1603 acre tract; THENCE North 89°49'31" East along the said south line of the alley and the north line of said Lot 13 and the said 0.1603 acre tract a distance of 50.00 feet to a point for the northeast corner of said Lot 13 and the said 0.1603 acre tract; THENCE South 0001311" East along the east line of said Lot 13 and the said 0.1603 acre tract a distance of 139.69 feet to a point in the said north right-of-way line of Fulton Avenue for the northeast corner of a called 0.690 acre tract being a portion of Fulton Avenue abandoned in Ordinance Number 03-083 as described in Clerks File No. 2005008148 of the Official Public Records of Jefferson County, Texas and the southeast corner of said Lot 13 and the said 0.1603 acre tract; THENCE South 89°52'11' West along the said north right-of-way line of Fulton Avenue and the said 0.0690 acre tract being the south line of said Lot 13 and the said 0.1603 acre tract a distance of 50.00 feet to the POINT OF BEGINNING and containing 0.1603 acres (6983.31 sq. ft.) of land, more or less. •Fittz & Shipman, In 101 of 1 02166.Tr2Dx EXHIBIT "B" • FIELD NOTE DESCRIPTION FOR A 0.4385 ACRE TRACT FOR THE DEANNEXATION OF LOT 14, BLOCK 4 OF OAKWOOD ADDITION, A PORTION OF AN ALLEY AND A TRACT DESCRIBED IN CLERKS FILE NO. 2006009987, O.P.R.J.C. OUT OF THE DAVID BROWN SURVEY, ABSTRACT 5 JEFFERSON COUNTY, TEXAS MAY 13, 2008 TRACT 3-DEANNEX That certain 0.4385 acre tract out of the David Brown Survey, Abstract 5, Jefferson County, Texas, being Lot 14, Block 4 of Oakwood Addition, a plat recorded in Volume 4 Page 67, of the Map Records of Jefferson County, Texas, a portion of an alley and a tract conveyed to ExxonMobil Oil Corporation as recorded in Clerks File No. 2006009987 of the Official Public Records of Jefferson County, Texas, said 0.4385 acre tract being more particularly described by metes and bounds as follows: Note: The Basis of Bearings is along south right-of-way line of Van Buren Avenue between Holly and Grove Streets, having been called North 89059'00" East in Clerk's File No. 9842565 of the Official Public Records of Jefferson County, Texas. • BEGINNING at a'/" iron pipe found in the south right-of-way line of Burt Street for the southwest corner of a called 0.5911 acre tract being a portion of Burt Street abandoned in Ordinance Number 03-083 as described in Clerks File No. 2005008148 of the Official Public Records of Jefferson County, Texas and the northeast comer of said Lot 14 and the said 0.4.385 acre tract; THENCE South 00002'19" West along the east line of said Lot 14 and the said 0.4385 acre tract, at a distance of 139.72 feet pass a Y iron rod found for the southeast comer of said Lot 14, and continuing a total distance of 159.37 feet to a point in the south line of the said alley for the northeast comer of Lot 3 of said Block 4 and the southeast comer of the said 0.4385 acre tract; THENCE North 89059'42" West along the said south line of the alley and the said 0.4385 acre tract a distance of 150.75 feet to a point in the said east right-of-way line of Sycamore Street for the northwest corner of Lot 1 of said Block 4 and the southwest corner of the said 0.4385 acre tract; THENCE North 21 °09'45" East along the west line of the said 0.4385 acre tract a distance of 170.56 feet to a point for the northwest corner of the said 0.4385 acre tract; THENCE North 89048'13" East along the north line of the said 0.4385 acre tract and said Lot 14 a distance of 89.28 feet to the POINT OF BEGINNING and containing 0.4385 acres (19,103.23 sq. ft.) of land, more or less. Ritz & Shipman, Inc. Page 1 of 1 02166.Tr3Dx EXHIBIT "C" • FIELD NOTE DESCRIPTION FOR A 0.1076 ACRE TRACT FOR THE DEANNEXATION OF A PORTION OF BURT STREET OUT OF THE DAVID BROWN SURVEY, ABSTRACT 5 JEFFERSON COUNTY, TEXAS MAY 13, 2008 TRACT 4-DEANNEX That certain 0.1076 acre tract out of the David Brown Survey, Abstract 5, Jefferson County, Texas, being a portion of Burt Street, said 0.1076 acre tract being more particularly described by metes and bounds as follows: Note: The Basis of Bearings is along south right-of-way line of Van Buren Avenue between Holly and Grove Streets, having been called North 89059'00" East in Clerk's File No. 98425.65 of the Official Public Records of Jefferson County, Texas. BEGINNING at a %" iron pipe found in the south right-of-way line of Burt Street for the southwest comer of a called 0.5911 acre tract.being a portion of Burt Street abandoned in Ordinance Number 03-083 as described in Clerks File No. 2005008148 of the Official Public Records of Jefferson County, Texas and the northeast comer of Lot 14, Block 4 of Oakwood Addition, a plat recorded in Volume 4, Page 67 of the Map Records of Jefferson County, Texas • and the said 0.1076 acre tract; THENCE South 89°48'13" West along the north line of said Lot 14, the said south right-of-way line of Burt Street and the south line of the said 0.1076 acre tract a distance of 89.28 feet to a point for the southwest corner of the said 0.1076 acre tract; THENCE North 21009'45" East along the west line of the said 0.1076 acre tract a distance of 64.96 feet to a point in the north right-of-way line of Burt Street for the southwest comer of Lot 20, Block2 of Hillside Addition, a plat recorded in Volume 4, Page 182 of the Map Records of Jefferson County, Texas and the northwest comer of the said 0.1076 acre tract; THENCE North 89058'15" East along the south line of said Block 2, the said north right-of-way line of Burt Street and the north line of the said 0.1076 acre tract a distance of 65.87 feet to a point for the northwest comer of the said 0.5911 acre tract and the northeast corner of the said 0.1076 acre tract; THENCE South 00002'19" West along the -west line of the said 0.5911 acre tract and the east line of the said 0.1076 acre tract a distance of 60.31 feet to the POINT OF BEGINNING and containing 0.1076 acres (4,686.89 sq. ft.) of land, more or less. Fittz & Shipman, Ina Page 1 of 1 02166.Tr4Dx EXHIBIT "D" • FIELD NOTE DESCRIPTION OF A 1.577 ACRE TRACT FOR THE DEANNEXATION OF TAGORE STREET, AND A PORTION OF GROVE STREET AND BURT STREET OUT OF THE DAVID BROWN SURVEY, ABSTRACT 5 JEFFERSON COUNTY, TEXAS MAY 13, 2008 TRACT 5-DEANNEX That certain 1.577 acre tract out of the David Brown Survey, Abstract 5, Jefferson County, Texas, being Tagore Street and a portion of Grove Street and Burt. Street, being out of and a part of Oakwood Addition, a plat recorded in Volume 4 Page 67, of the Map Records of Jefferson County, Texas and Hillside Addition, a plat recorded in Volume 4, Page 182 of the Map Records of Jefferson County, Texas, said 1.577.acre tract being more particularly described by metes and bounds as follows: Note: The Basis of Bearings is along south right-of-way line of Van Buren Avenue between Holly and Grove Streets, having been called North 89059'00" East in Clerk's File No. 9842565 of the Official Public Records of Jefferson County, Texas. • BEGINNING at a point in the north right-of-way line of Tagore Street for the southwest corner of Lot 1, Block 1 of said Hillside Addition and the most westerly northwest corner of the said 1.577 acre tract; THENCE North 89058'15" East along the south line.of said Block 1. and the said north right-of- way line of Tagore Street and the said 1.577 acre tract a distance of 774.85 feet to a point at the intersection of the said north right-of-way line of Tagore Street and the west right-of-way line of Grove Street for the southeast corner of Tract 5 described in an instrument conveyed to ExxonMobil Oil Corporation as recorded in Clerks File No. 2006019380 of the Official Public Records of Jefferson County, Texas and an interior corner of the said 1.577 acre tract; THENCE North 01 002'00" West along the said west right-of-way line of Grove Street, .the east line of said Tract 5 and Tract 6 of said Clerks File No. 2006019380 and an interior line of the said 1.577 acre tract a distance of 104.56 feet to a W iron rod found for the northeast corner of said Tract 6 and the most northerly northwest comer of the said 1.577 acre tract; THENCE North 89020'00" East along the most northerly north line of the said 1.577 acre tract a distance of 60.00 feet to a point in the east right-of-way line of Grove Street for the northeast corner of the said 1.577 acre tract; THENCE South 00012'15" East along the said east right-of-way line of Grove Street a distance of 383.73 feet to a point at the intersection of the said east right-of-way line of Grove Street and the south right-of-way line of Burt Street for the southeast corner of the said 1.577 acre tract; • Fittz & Shipman, Ina Page 1 of 2 02166.Tr5Dx EXHIBIT "E" C] THENCE North 89°58'08" West along the south line of the said 1.577 acre tract, at a distance of 58.30 feet pass a %2" iron pipe found in the said west right-of-way line of Grove Street for the northeast corner of Lot 9, Block5 of said Oakwood Addition, and continuing a total distance of 338.28 feet to a point for the southeast corner of a called 0.5911 acre tract being a portion of Burt Street abandoned in Ordinance Number 03-083 as described in Clerks File No. 2005008148 of the Official Public Records of Jefferson County and the most southerly southwest comer of the said 1.577 acre tract; THENCE North 00°01'45" West along the east line of the said 0.5911 acre tract and an interior line of the said 1.577 acre tract a distance of 59.77 feet to a point in the south line of Tracts 3 & 4 described in said Clerks File No. 2006019380 and the north right-of-way line of Burt Street for an exterior comer of the said 1.577 acre tract; THENCE North 89058'15" East along the said south_ line of said Tracts 3 & 4 and the said north right-of-way line of Burt Street a distance of 279.37 feet to a 1" angle iron found at the intersection of the said north right-of-way line of Burt Street and the said west right-of-way line of Grove Street for the southeast corner of said Tracts 3 & 4 and an interior comer of the said 1.577 acre tract; THENCE North 00°02'39" East along the east line of said Tracts 3 & 4 and Tract 7 of the said Clerks File No. 2006019380 tract being the said west right-of-way line of Grove Street a distance of 180.40 feet to a 5/8" iron rod found at the intersection of the said west right-of-way is line of Grove Street and the said south right-of-way line of Tagore Street for the northeast corner of said Tract 7 and an interior corner of the said 1.577 acre tract; THENCE South 89058'15" West along.the said south right-of-way line of Tagore Street and an interior line of the said 1.577 acre tract a distance of 775.60 feet to a %Z' iron pipe found for the northwest corner of Lot 1, Block 2 of said Hillside Addition for the most westerly southwest corner of the said 1.577 acre tract; THENCE North 00005'58" East along the most westerly line of the said 1.577 acre tract a distance of 38.00 feet to POINT OF BEGINNING and containing 1.577 acres (68,677.77 sq. ft.) of land, more or less. • Fittz & Shipman, Ina Page 2 of 2 02166.Tr5Dx • FIELD NOTE DESCRIPTION FOR A 1.348 ACRE TRACT FOR DEANNEXATION OUT OF THE DAVID BROWN SURVEY, ABSTRACT 5 JEFFERSON COUNTY, TEXAS MAY 13, 2008 TRACT 6-DEANNEX That certain 1.348 acre tract out of the David Brown Survey, Abstract 5, Jefferson County, Texas, being Tracts 1, 2, 3, 4 and 7 conveyed to ExxonMobil Oil Corporation as recorded in Clerks File No. 2006019380 of the Official Public Records of Jefferson County, Texas, said 1,348 acre tract being more particularly described by metes and bounds as follows: Note: The Basis of Bearings is along south right-of-way line of Van Buren Avenue between Holly and Grove Streets, having been called North 89059'00" East in Clerk's File No. 9842565 of the Official Public Records of Jefferson County, Texas. BEGINNING at a 5/8" iron rod found at the intersection of the west right-of-way line of Grove Street and the south right-of-way line of Tagore Street for the northeast comer of said Tract 7 and the said 1.348 acre tract; STHENCE South 00002'39" West along the said west right-of-way line of Grove Street and the east line of said Tracts 7, 3 & 4 and the said 1.348 acre tract a distance of 180.40 feet to a 1" angle iron found at the intersection of the said west right-of-way line of Grove Street and the north right-of-way line of Burt Street for the southeast comer of said Tracts 3 and 4 and the said 1.348 acre tract; THENCE South 89058'15" West along the said north right-of-way line of Burt Street and the south line of said Tracts 3, 4 and 1 and the said 1.348 acre tract a distance of 325.37 feet to a point for the southwest corner of said Tract 1 and the said 1.348 acre tract; THENCE North 00001'45" West along the west line of said Tracts 1 and 2 and the said 1.348 acre tract a distance of 180.40 feet to a point in the said south right-of-way line of Tagore Street for the northwest corner of said Tract 2 and the said 1.348 acre tract; THENCE North 89"58'15" East along the said south right-of-way line of Tagore Street and the north line of said Tracts 2 and 7 and the said 1.348 acre tract a distance of 325.60 feet to the POINT OF BEGINNING and containing 1.348 acres (58,717.63 sq. ft.) of land, more or less. • Fittz & Shipman, Ina Page 1 of 1 02166.Tr6Dx EXHIBIT "F" • FIELD NOTE DESCRIPTION FORA 0.1776 ACRE TRACT FOR DEANNEXATION OUT OF THE DAVID BROWN SURVEY, ABSTRACT 5 JEFFERSON COUNTY, TEXAS MAY 1, 2008 TRACT 7-DEANNEX That certain. 0.1776 acre tract out of the David Brown Survey, Abstract 5, Jefferson County, Texas, being Tracts 5 and 6 conveyed to ExxonMobil Oil Corporation as recorded in Clerks File No. 2006019380 of the Official Public Records of Jefferson County, Texas, said 0.1776 acre tract being more particularly described by metes and bounds as follows: Note: The Basis of Bearings is along south right-of-way line of Van Buren Avenue between Holly and Grove Streets, having been called North 89059'00" East in Clerk's File No. 9842565 of the Official Public Records of Jefferson County, Texas. BEGINNING at a 3/4" iron rod found in the west right-of-way line of Grove Street for the northeast corner of said Tract 6 and the said 0.1776 acre tract; THENCE South 01°02'00" East along the said west right-of-way line of Grove Street and the east line of said Tracts 6 and 5 and the said 0.1776 acre tract a distance of 104.56 feet to a point at the intersection of the said west right-of-way line of Grove Street and, the north right-of- way line of Tagore Street for the southeast comer of said Tract 5 and the said 0.1776 acre tract; THENCE South 89°58'15" West along the said north right-of-way line of Tagore Street and the south line of said Tract 5 and the said 0.1776 acre tract a distance of 75.45 feet to a point for the southwest corner of said Tract 5 and the said 0.1776 acre tract; THENCE North 00°12'59" East along the west line of said Tracts 5 and 5 and the said 0.1776 acre tract a distance of 103.73 feet to a point for the northwest comer of said Tract 6 and the said 0.1776 acre tract; THENCE North 89°20'18" East along the north line of said Tract 6 and the said 0.1776 acre tract a distance of 73.17 feet to the POINT OF BEGINNING and containing 0.1776 acres (7,738.40 sq. ft.) of land, more or less. • Fittz & Shipman, Inc Page 1 of 1 02166.Tr7Dx EXHIBIT "G" 0 FIELD NOTE DESCRIPTION FOR A 1.087 ACRE TRACT FOR THE DEANNEXATION OF A PORTION OF GRANT STREET OUT OF THE DAVID BROWN SURVEY, ABSTRACT 5 JEFFERSON COUNTY, TEXAS MAY 15, 2008 TRACT 8-DEANNEX That certain 1.087 acre tract out of the David Brown Survey, Abstract 5, Jefferson County, Texas, being the portion of Grant Street between Carroll Street and Grove Street said 1.087 acre tract being more particularly described by metes and bounds as follows: Note: The Basis of Bearings is along south right-of-way line of Van Buren Avenue between Holly and Grove Streets, having been called North 89059'00" East in Clerk's File No. 9842565 of the Official Public Records of Jefferson County, Texas. BEGINNING at a 3/4" iron rod found at the intersection of the east right-of-way line of Carroll Street and the south right-of-way line of Grant Street for the northwest corner of a called 8.979 acre tract conveyed to Exxon Mobil Corporation as recorded in Clerks File No. 2000041620 of • the Official Public Records of Jefferson County, Texas and the southwest comer of the said 1.087 acre tract; THENCE North 19°02'08 West along the west line of the said 1.087 acre tract a distance of 57.55 feet to a %Z" iron rod found at the intersection of the said east right-of-way line of Carroll Street and the north right-of-way line of Grant Street for the southwest comer of a tract conveyed to the Port of Beaumont Navigation District as recorded in Volume 789, Page 361 of the Deed Records of Jefferson County, Texas and the northwest corner of the said 1.087 acre tract; THENCE North 89°03'18" East along the south line of the said Port of Beaumont tract, the said north right-of-way line of Grant Street and the north line of the said 1.087 acre tract a distance of 860.54 feet to a Pk Nail found for an interior comer of the said Port of Beaumont tract and the northeast corner of the said 1.087 acre tract; THENCE South 01 006'46" West along an interior line of the said Port of Beaumont tract and the east line of the said 1.087 acre tract a distance of 57.17 feet to a Pk Nail found at the intersection of the east right-of-way line of Grove Street and the said south right-of-way line, of Grant Street for an exterior corner of the said Port of Beaumont tract,. the northwest comer of a called 4.261 acre tract conveyed to Magnolia Petroleum Company as recorded in Volume 732, Page 475 of the Deed Records of Jefferson County, Texas and the southeast corner of the said 1.087 acre tract; THENCE South 8940'12" West along the south line of the said 1.087 acre tract a distance of 60.08 feet to a 3/4" iron rod found at the intersection of the west right-of-way line of Grove Street • Fittz & Shipman, Inc Page 1 of 2 02166Tr8Dx „ EXHIBIT H 0 and the said south right-of-way line of Grant Street for the northeast corner of the said 8.979 acre tract and an angle point of the said 1.087 acre tract; THENCE South 89°11'11" West along the north line of the said 8.979 acre tract, continuing the said south right-of-way line of Grant Street and the said south line of the 1.087 acre tract a distance of 780.54 feet to the POINT OF BEGINNING and containing 1.087 acres (47,354.93 sq. ft.) of land, more or less. • Fittz & Shipman, Inc. Page 2 of 2 02166Tr8Dx • • NOW OR FORMERLY MAGNOLIA PETROLEUM COMPANY z z a a 0 �- o J U 0: "o O� � a C, . z3 0 z U a i m Fittz&Shipman TRACTS TO BE D=ANNEXED SHEET NO. INC. PROJECT NAME: EXXON -MOBIL OIL CORPORATION 1 $ JEFFERSON COUNTY 1403 CORNERSTONE COURT. BEAUMONT. TEXAS TEXAS EXHIBIT "I" PROJECT NO. (409) 832-7238 FAX (409) 832-7303 7)AT7} i/75/OH 02166.0001 July 29, 2008 Consider a request to abandon portions of Fulton Avenue, Burt Street, Tagore Street, Grove Street, Grant Street, Buford Street, Jamison Street and the alley in Block 4, Oakwood Subdivision U 0 • RICH WITH OPPORTUNITY [IEAUMON* T - E I- x • A • S City Council Agenda Item TO: FROM: PREPARED BY: MEETING DATE: City Council Kyle Hayes, City Manager Gsv Chris Boone, Community Development Director July 29, 2008 REQUESTED ACTION: Council consider a request to abandon portions of Fulton Avenue., Burt Street, Tagore Street, Grove Street, Grant Street, Buford Street, Jamison Street and the alley in Block 4, Oakwood Subdivision. • RECOMMENDATION The Administration recommends approval of the request subject to the following conditions: Retain the abandoned rights-of-way as drainage and utility easements for drainage facilities within the rights-of-way. More water meters, as required. Any work or maintenance in these areas needs to be under the safety guidelines or procedures of the City of Beaumont. BACKGROUND ExxonMobil and the Port of Beaumont have applied for the abandonments. With the exception of those above, all other properties have been purchased and/or obtained by ExxonMobil Corporation or the Port of Beaumont. Chris Fisher, Executive Director of the Port of Beaumont, states that the Port is especially interested in abandoning Buford Street, east of Carroll, and Jamison Street. The Port is facing increased challenges to provide the level of stxurity expected by its Port Commission, its business customers and government agencies. Due to the critical nature of cargo handled at the Port, efforts have been undertaken in the last five years to enhance Port security measures. The Port owns property on each side of Buford Street to its termination at the ExxonMobil refinery. This portion of Buford is used almost exclusively by Port customers and ExxonMobil. Mr. Fisher says that the closure of Buford would also enhance business operations inside the Port by allowing rail traffic to cross Buford freely at the Port Grain Elevator. Mr. Fisher further states that the Port has been unable to determine if Jamison Street is a city street. It is not listed in the street index. The Port has been previously advised that this request was not dedicated to the City but may have been maintained by Jefferson County. Therefore, the Port will all also request of the County an abandonment of that street. This item was sent to all interested parties. The City of Beaumont Engineering Department recommends approval subject to the retention of drainage easements. In addition, any work or maintenance in these areas needs to be under the safety guidelines or procedures of the City of Beaumont. A 7' x 8' drainage box runs diagonally across Sycamore, Holly, Doucette and Grove. A 4'x T drainage box runs within the Grant St. and Grove St. right-of-way. A 102" C.M.P. runs parallel to the eastern corporate limits of the City of Beaumont, to the Neches River. All above ground drainage and road maintenance will belong to either the Port of Beaumont or ExxonMobil. The Water Utilities Department has water lines for which some utility easements will need to be retained. In other instances, water meters will need to be moved. Entergy also requests that utility easements be retained. At a Regular Meeting held June 16, 2008, the Planning Commission recommended approval 5:0:2 to abandon portions of Fulton Avenue, Burt Street, Tagore Street, Grove Street, Grant Street, Buford Street, Jamison Street and the alley in Block 4, Oakwood Subdivision.subject to the following conditions: • Retain the abandoned rights-of-way as drainage and utility easements for drainage facilities within the rights-of-way. • More water meters, as required. • Any work or maintenance in these areas needs to be under the safety guidelines or procedures of the City of Beaumont. BUDGETARYIMPACT None. 0 0 ORDINANCE NO. ENTITLED AN ORDINANCE ABANDONING PORTIONS OF FULTON AVENUE, BURT STREET, TAGORE STREET, GROVE STREET, GRANT STREET, BUFORD STREET, JAMISON STREET AND THE ALLEY IN BLOCK 4, OAKWOOD SUBDIVISION, IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. BE IT ORDAINED BY THE CITY OF BEAUMONT: THAT portions of Fulton Avenue, Burt Street, Tagore Street, Grove Street, Grant Street, Buford Street, Jamison Street and the alley in Block4, Oakwood Subdivision, as described in Exhibits"A" through "G" and shown on Exhibit "H" attached hereto, be and the same are hereby vacated and abandoned subject to the following conditions: • Retain the abandoned rights-of-way as drainage and utility easements for • drainage facilities within the rights-of-way. • More water meters, as required. RI: 0 • Any work or maintenance in these areas needs to be under the safety guidelines or procedures of the City of Beaumont. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 29th day of July, - Mayor Becky Ames - • FIELD NOTE DESCRIPTION FOR A 0.2090 ACRE TRACT FOR THE ABANDONMENT OF A PORTION OF FULTON AVENUE OUT OF THE DAVID BROWN SURVEY, ABSTRACT 5 JEFFERSON COUNTY, TEXAS MAY 13, 2008 TRACT 1 -ABANDON That certain 0.2090 acre tract out of the David Brown Survey, Abstract 5, Jefferson County, Texas, being a portion of, Fulton Avenue out of Oakwood Addition, a plat recorded in Volume 4 Page 67, of the Map Records of Jefferson County, Texas, said 0.2090 acre tract being more particularly described by metes -and bounds as follows: Note: The Basis of Bearings is along south right-of-way line of Van Buren Avenue between Holly and Grove Streets, :having been called North 890,59'00" East in Clerk's File No. 9842565 of tt,.e Official Public Records of Jefferson County, Texas. BEGINNING at a %" iron pipe found at the intersection of the east right-of-way line of Sycamore Street with the north right-of-way line of Fulton Avenue for the southwest corner of Lot 16, Block 16 of said Oakwood Addition and the northwest corner of the said 0.2090 acre tract; • THENCE North 89°52'11" East along the said north right-of-way line of Fulton Avenue and the said 0.2090 acre tract being the south line of the said Block 16 a distance of 151.31 feet to a point for the northwest comer of a called 0.0690 acre tract being a portion of Fulton Avenue abandoned in Ordinance Number 03-083 as described in Clerks File No. 2005008148 of the Official Public Records of Jefferson County, Texas,.the southwest comer of Lot 13, Block 16 of said Oakwood Addition and the northeast corner of the said 0.2090 acre tract; THENCE South 00°13'11" East along the west line of the said 0.0690 acre tract and the east line of the said 0.2090 acre tract a distance of 60.12 feet to a point in the south right-of-way line of Fulton Avenue for the northwest comer of Lot 4, Block 23 of said Oakwood Addition, the southwest corner of the said 0.0690 acre tract and the southeast comer of the said 0.2090 acre tract; THENCE South 89°52'11' West along the said south right-of-way line of Fulton Avenue and the said 0.2090 acre tract being the north line of said Block 23 a distance of 151.52 feet to a point in the said east right-of-way line of Sycamore Street for the northwest comer of Lot 1 of said Block 23 and the southwest corner of the said 0.2090 acre tract; THENCE North 00001'25" West along the said east right-of-way line of Sycamore Street and the west line of the said 0.2090 acre tract a distance of 60.12 feet to the POINT OF BEGINNING and containing 0.2090 acres (9,102.59 sq. ft.) of land, more or less. • Fi1tz & Shipman, Ina Page 1 of 1 02166Tr1Ab EXHIBIT "A" FIELD NOTE DESCRIPTION FOR A 0.1076 ACRE TRACT FOR THE ABANDONMENT OF A PORTION OF BURT STREET OUT OF THE DAVID BROWN SURVEY, ABSTRACT 5 JEFFERSON COUNTY, TEXAS MAY 13, 2008 TRACT 3 -ABANDON That certain 0.1076 acre tract situated in the David Brown Survey, Abstract 5, Jefferson County, Texas, being a portion of Burt Street, said 0.1076 acre tract being more particularly described by metes and bounds as follows: Note: The Basis of Bearings is along south right-of-way line of Van Buren Avenue between Holly and Grove Streets, having been called North 89059'00" East in Clerk's File No: 9842565 of the Official Public Records of Jefferson County, Texas. BEGINNING at a W iron pipe found in the south right-of-way line of BartStreet for the southwest comer of a called 0.5911 acre tract being a portion of Burt Street abandoned in Ordinance Number 03-083 as described in Clerks File No: 2005008148 of the Official Public Records of Jefferson County, Texas and the northeast comer of Lot 14, Block 4 of Oakwood Addition, a plat recorded in Volume 4, Page 67 of the Map Records of Jefferson County, Texas • and the said 0.1076 acre tract; THENCE South 89°48'13" West along the north line of said Lot 14, the said south right-of-way tine of Burt Street and the south line of the said 0.1076 acre tract a distance of 89.28 feet to a point for the southwest corner of the said 0.1076 acre tract; THENCE North 21909'45" East along'the west line of the said 0.1076 acre tract a distance of 64.96 feet to a point in the north right-of-way line of Burt Street for the southwest corner of Lot 20, Block 2 of Hillside Addition, a plat recorded in Volume, 4, Page 182 of the Map Records of Jefferson County, Texas and the northwest corner of the said 0.1076 acre tract; THENCE North 89058'15" East along the south line of said Block 2, the said north right-of-way line of Burt Street and the north line of the said 0.1076 acre tract a distance of 65.87 feet to a point for the northwest comer of the said 0.5911 acre tract and the northeast corner of the said 0.1076 acre tract; THENCE South 00002'19" West along the west line of the said 0.5911 acre tract and the east line of the said 0.1076 acre tract a distance of 60.31 feet to the POINT OF BEGINNING and containing 0.1076 acres (4,686.89 sq. ft.) of land, more or less. FhYz & Shipman, Ina Page 1 of 1 02166.Tr3Ab EXHIBIT "B" • FIELD NOTE DESCRIPTION OF A 1.577 ACRE TRACT FOR THE ABANDONMENT OF TAGORE STREET, AND A PORTION OF GROVE STREET AND BURT STREET OUT OF THE DAVID BROWN SURVEY, ABSTRACT 5 JEFFERSON COUNTY, TEXAS MAY 13, 2008, TRACT 4 -ABANDON That certain 1.577 acre tract out of the David Brown Survey, Abstract 5, Jefferson County, Texas, being Tagore Street and a portion of Grove Street and Burt Street, being out of and a part of Oakwood Addition, a plat recorded in Volume 4 Page 67, of the Map Records of Jefferson County, Texas and Hillside Addition, .a plat recorded in Volume 4, Page 182 of the Map Records of Jefferson County, Texas, said 1.577 acre tract being more particularly described by metes and bounds as follows: Note: The Basis of Bearings is along south right-of=way line of Van Buren. Avenue between Holly and Grove Streets, having been called North 89°59'00" East in Clerk's File No. 9842565 of the Official Public Records of Jefferson County, Texas. • BEGINNING at a point in the north right-of-way line of Tagore Street for the southwest corner of Lot 1; Block 1 of said Hillside Addition and the most westerly northwest corner of the said 1.577 acre tract; THENCE North 89058'15" East along the south line of said Block 1 and the said north right-of- way line of Tagore Street and the said 1.577 acre tract a distance of 774.85 feet to a point at the intersection of the said north right-of-way line of Tagore Street and the west right-of-way line of Grove Street for the southeast.corner of Tract 5 described in an instrument conveyed to ExxonMobil Oil Corporation as recorded in Clerks File No. 2006019380 of the Official Public Records of Jefferson County, Texas and an interior corner of the said 1.577 acre tract; THENCE North 01 002'00" West along the said west right-of-way line of Grove Street, the east line of said Tract 5 and Tract 6 of said Clerks File No. 2006019380 and an interior line of the said 1.577. acre tract a distance of 104.56 feet.to.a W iron rod found .for the northeast corner of said Tract 6 and the most northerly northwest comer of the said 1.577 acre tract; THENCE North 89°20'00" East along the most northerly north line of the said 1.577 acre tract a distance of 60.00 feet to a point in the east right-of-way line of Grove Street for the northeast corner of the said 1.577 acre tract; THENCE South 00012'15" East along the said east right-of-way line of Grove Street a distance of 383.73 feet to a point at the intersection of the said east right-of-way line of Grove Street and the south right-of-way line of Burt Street for the southeast corner of the said 1.577 acre tract; Fittz & Shipman, Inc Page 1 of 2 02166.Tr4Ab EXHIBIT "C" THENCE North 89°58'08" West along the south line of the said 1.577 acre tract, at a distance of 58.30 feet pass a %2" iron pipe found in the said west right-of-way line of Grove Street for the northeast corner of Lot 9, Block 5 of said Oakwood Addition, and continuing a total distance of 338.28 feet to a point for the southeast comer of a called 0.5911 acre tract being a portion of Burt Street abandoned in Ordinance Number 03-083 as described in Clerks File No. 2005008148 of the Official Public Records of Jefferson County and the most southerly southwest corner of the said 1.577 acre tract; THENCE North 00°01'45" West along the east line of the said 0.5911 acre tract and an interior line of the said 1.577 acre tract a distance of 59.76 feet to a point in the south line of Tracts 3 & 4 described in said Clerks File No. 2006019380 and the north right-of-way line of Burt Street for an exterior comer of the said 1.577 acre tract; THENCE North 89°58'15" East along the said south line of said Tracts 3 & 4 and the said north right-of-way line of Burt Street a distance of 279.60 feet to a 1" angle iron.found at the intersection of the said north right-of-way line of Burt Street and the said west right-of-way line of Grove Street for the southeast corner of said Tracts 3 & 4 and an interior comer of the said 1.577 acre tract; THENCE North 00°02'39" East along the east line of said Tracts 3 & 4 and Tract 7 of the said Clerks File No. 2006019380 tract being the said west right-of-way line of Grove Street a • distance of 180.40 feet to a 5/8" iron rod found at the intersection of the said west right-of-way line of Grove Street and the said south right-of-way line of Tagore Street for the northeast corner of said Tract 7 and an interior comer of the said 1.577 acre tract; THENCE South 89058'15" West along the said south right-of-way line of Tagore Street and an interior line of the said 1.577 acre tract a distance of 775.60 feet to a YO iron pipe found for the northwest corner of Lot. 1, Block 2 of said Hillside Addition for the most westerly southwest corner of -the said 1.577 acre tract; THENCE North 00°05'58" East along the most westerly line of the said 1.577 acre tract a distance of 38.00 feet to POINT OF BEGINNING and containing 1.577 acres (68,677:77 sq. ft.) of land, more or less. •F uz & Shipman, Inc. Page 2 of 2 02166.Tr4Ab -, • FIELD NOTE DESCRIPTION FOR A 1.087 ACRE TRACT FOR THE ABANDONMENT OF A PORTION OF GRANT STREET OUT OF THE DAVIDBROWN SURVEY, ABSTRACT 5 JEFFERSON COUNTY, TEXAS MAY 15, 2008 TRACT 5 -ABANDON That certain 1.087 acre tract out of the David Brown Survey, Abstract 5, Jefferson County, Texas, being the portion of Grant Street between Carroll Street and Grove Street said 1.087 acre tract being more particularly described by metes and bounds as follows: Note: The Basis of Bearings is along south right-of-way line of Van Buren Avenue between Holly and Grove Streets, having been called North 89059'00" East in Clerk's File No. 9842565 of the Official Public Records of Jefferson County, Texas.. BEGINNING at a3/4" iron rod found at the intersection of the east right-of-way line of Carroll Street and the south right-of-way line of Grant Street for the northwest corner of a called 8:979 acre tract conveyed to Exxon Mobil Corporation as recorded in Clerks File No. 2000041620 of the Official Public Records of Jefferson County, Texas and the southwest comer of the said 1.087 acre tract; THENCE North 19002'08 West along the west line of the said 1.087 acre tract a distance of 57.55 feet to a %Z" iron rod found at the intersection of the said east right-of-way line of Carroll Street and the north right-of-way line of Grant Street for the southwest comer of a tract conveyed to the Port of Beaumont Navigation District as recorded in Volume 789, Page 361 of the Deed Records of Jefferson County, Texas and the northwest corner of the said 1.087 acre tract;. THENCE North 89003'18" East along the south line of the said Port of Beaumont tract, the said north right-of-way line of Grant Street and the north line of the said 1.087 acre tract a distance of 860.54 feet to a Pk Nail found for an interior comer of the said Port of Beaumont tract and the northeast corner of the said 1.087 acre tract; THENCE South 01 006'46" West along an interior line of the said Port of Beaumont tract and the east line of the said 1.087 acre tract a distance of 57.17 feet to a Pk Nail found at the intersection of the east right-of-way line of Grove Street and the said south right-of-way line of Grant Street for an _exterior corner of the said Port of Beaumont tract, the northwest corner of a called 4.261 acre tract conveyed to Magnolia Petroleum Company as recorded in Volume 732, Page 475 of the Deed Records of Jefferson County, Texas and the southeast comer of the said 1.087 acre tract; THENCE South 89040'12" West along the south line of the said 1.087 acre tract a distance of 60.08 feet to a 3/" iron rod found at the intersection of the west right-of-way line of Grove Street • Fittz & Shipman, Inc. Page 1 of 2 02166Tr5Ab EXHIBIT "D" • • and the said south right-of-way line of Grant Street for the northeast corner of the said 8.979 acre tract and an angle point of the said 1.087 acre tract; THENCE South 89011'11" West along the north line of the said 8.979 acre tract, continuing the said south right-of-way line of Grant Street and the said south line of the 1.087 acre tract a distance of 780.54 feet to the POINT OF BEGINNING and containing 1.087 acres (47,354.93 sq. ft.) of land, more or less. Fittz & Shipman, Ina. Page 2 of 2 02166Tr5Ab C7 FIELD NOTE DESCRIPTION FOR A 1.519 ACRE TRACT FOR THE ABANDONMENT OF A PORTION OF BUFORD STREET .OUT OF THE DAVID BROWN SURVEY, ABSTRACT 5 JEFFERSON COUNTY, TEXAS MAY 15, 2005 TRACT 6 -ABANDON That certain 1.519 acre tract out of the David Brown Survey, Abstract 5, Jefferson County, Texas, being a portion of Buford Street, said 1.519 acres being more particularly described by metes and bounds as follows: Note: All Bearings and Distances are referenced to Texas Coordinate System, NAD83, South Central Zone #4204. BEGINNING at a Y2" iron rod found in the south right-of-way line of Buford Street for the east comer of a tract conveyed to the City of Beaumont as recorded in Volume 2213, Page 432 of the Deed Records of Jefferson County, Texas and the southwest comer of the said 1.519 acre tract from which a'/" iron rod found in the east right-of-way line of Carroll Street for the south comer of the said City of Beaumont tract bears South 41049'58" West 63.55 feet (called South 45000'00" West 63.64 feet); THENCE North 02°36'03" West along the west line of the said 1.519 acre tract a distance of 60.00 feet to a point in the north right-of-way line of Buford Street for the northwest comer of the said 1.519 acre tract; THENCE North 86°51'47" East along the said north right-of-way line of Buford Street and the north line of the said. 1.519 acre tract a distance of 1103.17 feet to a concrete monument found -in the west line of a Mobil Oil Corporation 158.34 acre tract (Fee 177) for the northeast comer of the said 1.519 acre tract; THENCE South 04°10'56" East along the said west line of the 158.34 acre tract and the east line of the said 1.519 acre tract a distance of 59.57 feet to a %Z" iron rod found in the said south right-of-way line of Buford Street for the southeast corner of the said 1.519 acre tract; THENCE South 86047'01" West along the said south right-of-way line of Buford Street and the south line of the said 1.519 acre tract a distance of 317.60 feet to an angle point; THENCE South 86°51'47" West continuing along the said south right-of-way line of Buford Street and the said south line of the 1.519 acre tract a distance of 786.94 feet to the POINT OF BEGINNING and containing 1.519 acres (66,168.96 sq. ft.) of land, more or less. FITTZ & SHIPMAN, INC. Page 1 of 1 Project No. 02166Tr6Ab EXHIBIT "E" • JAMISON STREET TRACT 7 -ABANDON is Being a 30'x 975' street right-of-way, beginning at the north right-of-way line of Buford Street, then heading in northwestly direction for a distance of 975' to the top of the south bank of the Neches River channel, City of Beaumont, Jefferson County, Texas, containing 0.67 acres, more or less. EXHIBIT "F" • FIELD NOTE DESCRIPTION FOR A 0.0230 ACRE TRACT FOR THE ABANDONMENT OF A PORTION OF AN ALLEY OUT OF THE DAVID BROWN SURVEY, ABSTRACT 5 JEFFERSON COUNTY, TEXAS MAY 13, 2008 TRACT 2 -ABANDON That certain 0.0230 acre tract out of the David Brown Survey, Abstract 5, Jefferson County, Texas, being a portion of an alley out of Block 4 of Oakwood Addition, a plat recorded in Volume 4 Page 67, of the Map Records of Jefferson County, Texas, said 0.0230 acre tract being more particularly described by metes and bounds as follows: Note: The Basis of Bearings is along south right-of-way line of Van Buren Avenue between Holly and Grove Streets, having been called North 89059'00" East in Clerk's File No. 9842565 of the Official Public Records of Jefferson County, Texas. BEGINNING at a point ifor the southwest corner of Lot 14 of said Block 4 and the northwest comer of the said 0.0230 acre tract; THENCE North 89049'36" East along the south line of said Lot 14 and the north line of the said alley and the said 0.0230 acre tract a distance of 52.31 feet to a %" iron rod found for the southeast comer of said Lot 14 and the northeast corner of the said 0.0230 acre tract; THENCE South 00002'19" West along the east line of the said 0.0230 acre tract a distance of 19.22 feet to a point in the south line of said alley for the northeast comer of Lot 3 of said Block 4 and the southeast comer of the said 0.0230 acre tract; THENCE North 89059'42" West along the north line of said Lot 3 and the said alley being the south line of the said 0.0230 acre tract a distance of 52.31 feet to a point for the northwest corner of said Lot 3 and the southwest corner of the said 0.0230 acre tract; THENCE North 00002'19" East along the west line of the said 0.0230 acre tract a distance of 19.06 feet to POINT OF BEGINNING and containing 0.0230 acres (1001.29 sq. ft.) of land, more or less. • Fittz & Shipman, Ina Page 1 of 1 02166Tt2Ab EXHIBIT "G" • +fir ...•.».,.........A.. 2 \ e t ° i 6 7 g 9 10 7fi � W a OZp � �e ....•..' s ` � .�'� �� u is �'� ;; X 46 - 17 n� G 13 it 13 112 11 8 _ 1 D A v t D A 8 g R O d \, I's20 AMJRT 3 14 15L, )6'{, i`IJa 19 110l9AIIB+7 0I0 rT--= —0— o.yi— l r !� Z VAN BUREN AVENUE ,..•� �� �O a ti ,E w $ I I 2 34 3 8 7 8 ,www 0a o. A a F+ . _ # < 18 15 it 13 12 It 10. B Z :3 I wt �ro..a„N. O Z _ •,}-�vvd WSW W1 � vC4 ,v0. .• uIL4C A n ""'»I.'� �:,,»' �mw ,• `•�wl.�uK''i°u° �w” °"'cam" � a w�ii °ew�'�ae I I I 2 I 13 1 4 1 5.1 6 1 7 1 5 1 NOW OR FORMERLY 4 a+»• "'�r� MAGNOLIA PETROLEUM COMPANY anwoAu 0 100 L TRACTS TO BE ABANDONED SHEET NO. Fittz hipm iN PROJECT NAME: EXXON -MOBIL OIL CORPORATION 1 JEFFERSON COUNTY 1405 CORNERSTONE COURT, BEAUMONT. 'ERAS TEXAS PROJECT N0. (408) 132-7231 FAX (409) 832-7303 EXHIBIT "H" x:5/15/08 02166.0001 1 2 3 -4 S k 3 6 7 g 9 10 18 46 - 17 IST it 13 112 11 I's20 AMJRT 14 73 12 11 10 9 I16 15 14 13 12 11 10 9I 41 2 3 4 3 6 7 2 S y 13 14 13 12 11110 9� �¢ jis! ��. BB. 4 A RE • DOUCETTE AVENUE it 1*44 6 G 1 2 3 4 5 6 1 2 3 4 3 6 7 eI N O �I M1615116 o 8 �^ 4 1} 12 11 10 94 - 18 11 10 9a is 13 12 11 10 9 " " 0, n"e..• w•'y"+n MADISON AVENUE ,'ww+e, a 93d 3 S 1 2 3 4 5 6 7� 8! 1 2 3 4 5 6 76I S 1 2 3 4 5 8 7 O 14 ■ �5 116 15"1311 10 8 116 14 13 12 11 10 r !� Z VAN BUREN AVENUE ,..•� �� �O a ti ,E w $ I I 2 34 3 8 7 8 ,www 0a o. A a F+ . _ # < 18 15 it 13 12 It 10. B Z :3 I wt �ro..a„N. O Z _ •,}-�vvd WSW W1 � vC4 ,v0. .• uIL4C A n ""'»I.'� �:,,»' �mw ,• `•�wl.�uK''i°u° �w” °"'cam" � a w�ii °ew�'�ae I I I 2 I 13 1 4 1 5.1 6 1 7 1 5 1 NOW OR FORMERLY 4 a+»• "'�r� MAGNOLIA PETROLEUM COMPANY anwoAu 0 100 L TRACTS TO BE ABANDONED SHEET NO. Fittz hipm iN PROJECT NAME: EXXON -MOBIL OIL CORPORATION 1 JEFFERSON COUNTY 1405 CORNERSTONE COURT, BEAUMONT. 'ERAS TEXAS PROJECT N0. (408) 132-7231 FAX (409) 832-7303 EXHIBIT "H" x:5/15/08 02166.0001 • 10 July 29, 2008 Consider amending the boundaries of Neighborhood Empowerment Zone Number Two • �J • 0 RICH WITH OPPORTUNITY [IEAUMONT T • E • % • A • S TO: FROM: PREPARED BY: MEETING DATE: REQUESTED ACTION: City Council Agenda Item City Council Kyle Hayes, City Manager Chris Boone, Community Development Director July 29, 2008 Council consider amending the boundaries of Neighborhood Empowerment Zone Number Two. RECOMMENDATION Administration recommends amending the boundaries of Neighborhood Empowerment Zone Number Two, BACKGROUND In an effort to encourage economic development in areas of the city with higher concentrations of low to moderate income families and limited redevelopment, Neighborhood Empowerment Zones were recently created within the city. These zones offer incentives to attract redevelopment to these areas. Combined with the focused use of CDBG dollars within these zones, these economic incentives should leverage additional private investment within these areas. Proposed is an amendment to Neighborhood Empowerment Zone Number Two to include an area of undeveloped land along Washington Boulevard. Attached is a map of the proposed zone. BUDGETARYIMPACT Revenues from waived fees and liens and abated ad -valorem taxes would be forgone, but the long-term economic impact associated with new development should positively affect future budgets. • Boundary Description for Ward IV Neighborhood Empowerment Zone 2 STARTING from a Point of Beginning (POB) at the intersection of the centerline of the BNSF railroad right- of-way and the centerline of Washington Boulevard and going in a northeasterly direction along said railroad right-of-way until reaching the centerline of drainage canal 116 belonging to Drainage District Six; hence turning and extending easterly along the centerline of said drainage canal 116 r.o.w.until reaching the western right-of-way line of 71 Street; hence northeasterly across 71 Street to a point on the east right-of-way line of 71 Street at the northern right-of-way line of Terrell Ave.; hence easterly along said right-of-way line of Terrell Ave. to 41 Street and continuing on the same course until reaching the eastern right-of-way line of San Jacinto Street; hence south along said eastern right-of-way line of San Jacinto Street to the northern right- of-way line of Rockwell Street; hence easterly along said northern right-of-way line of Rockwell Street until reaching the eastern right-of-way line of Golaid Street; hence south along the eastern right-of-way line of Golaid Street until reaching the south right-of-way line of Euclid Street; hence westerly along the south right- of-way line of Euclid Street until reaching the eastern right-of-way line of 4' Street; hence south along said eastern right-of-way line of 4l Street until reaching the northern right-of-way line of Cardinal Drive (U. S.69) and finally the centerline of Cardinal Drive; hence westerly along the centerline of Cardinal Drive until reaching the centerline of the BNSF railroad rights-of-way and then turning and extending in a northeasterly direction along said centerline of the BNSF railroad rights-of-way until reaching the northern right-of-way • line of U.S. 69 (Cardinal Drive) and then westward along said right-of-way line of U.S. 69 until over the centerline of drainage canal 110 belonging to Drainage District Six; hence northward and then eastward following said centerline of drainage canal 110 until reaching the west right-of-way line of South 111 Street; hence southward along said right-of-way line of South 11 ' Street until reaching the south right-of-way line of Wesport Drive and then southwesterly along said right-of-way line of Wesport Drive until reaching the north --ight-of-way line of Washington Blvd. hence continuing o<i ine same heading until reaching the centerline of Washington Blvd. and then eastward along the centerline of Washington Blvd. until reaching the cm,- rline of the BNSF railroad right-of-way or the Point of B, -,,inning (POB). 0 • ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING ORDINANCE NO. 08-015 TO REVISE THE BOUNDARIES OF NEIGHBORHOOD EMPOWERMENT ZONE#2 TO INCLUDE AN AREA OF UNDEVELOPED LAND ALONG WASHINGTON BOULEVARD. WHEREAS, by Ordinance No. 08-015 passed on February 12, 2008, the City Council of the City of Beaumont designated Neighborhood Empowerment Zones #1 and #2; and WHEREAS, it is the desire of the City Council to amend the boundaries of Neighborhood Empowerment Zone #2 to include an area of undeveloped land along Washington Boulevard as described in Exhibit "A" and shown on Exhibit "B" attached hereto; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT Ordinance 08-015 be and the same is hereby amended to revise the boundaries of Neighborhood Empowerment Zone #2 to include an area of undeveloped land along Washington Boulevard as described in Exhibit "A" and shown on Exhibit "B" attached hereto. 0 PASSED BY THE CITY COUNCIL of the City of Beaumont this the 29th day of July, - Mayor Becky Ames - • Boundary Description for Ward IV Neighborhood Empowerment Zone 2 STARTING from a Point of Beginning (POB) at the intersection of the centerline of the BNSF railroad right- of-way and the centerline of Washington Boulevard and going in a northeasterly direction along said railroad right-of-way until reaching the centerline of drainage canal 116 belonging to Drainage District Six; hence turning and extending easterly along the centerline of said drainage canal 116 r.o.w.until reaching the western right-of-way line of 7'' Street; hence northeasterly across 7& Street to a point on the east right-of-way line of 71 Street at the northern right-of-way line of Terrell Ave.; hence easterly along said right-of-way line of Terrell Ave. to 41 Street and continuing on the same course until reaching the eastern right-of-way line of San Jacinto Street; hence south along said eastern right-of-way line of San Jacinto Street to the northern right- of-way line of Rockwell Street; hence easterly along said northern right-of-way line of Rockwell Street until reaching the eastern right-of-way line of Golaid Street; hence south along the eastern right-of-way line of Golaid Street until reaching the south right-of-way line ofEuclid Street; hence westerly along the south right- of-way line of Euclid Street until reaching the eastern right-of-way line of 41 Street; hence south along said eastern right-of-way line of4'h Street until reaching the northern right-of-way line of Cardinal Drive (U. S.69) and finally the centerline of Cardinal Drive; hence westerly along the centerline of Cardinal Drive until reaching the centerline of the BNSF railroad rights-of-way and then turning and extending in a northeasterly direction along said centerline of the BNSF railroad rights-of-way until reaching the northern right-of-way • line of U.S. 69 (Cardinal Drive) and then westward along said right-of-way line of U.S. 69 until over the centerline of drainage canal 110 belonging to Drainage District Six; hence northward and then eastward following said centerline of drainage canal 110 until reaching the west right-of-way line of South 11' Street; hence southward along said right-of-way line of South 111 Street until reaching the south right-of-way line of Wesport Drive and then southwesterly along said right-of-way line of Wesport Drive until reaching the north right-of-way line of Washington Blvd. hence continuing on the same heading until reaching the centerline of Washington Blvd. and then eastward along the centerline of Washington Blvd. until reaching the centerline of the BNSF railroad right-of-way or the Point of Beginning (POB). • EXHIBIT `A' • Consider approving a contract for improvements to Alice Keith Park 0 • 11 July 29, 2008 RICH WITH OPPORTUNITY BEA,IIMON* T • E • x • A • S City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager -f•1� PREPARED BY: Tom Warner, Director of Public Works MEETING DATE: July 29, 2008 REQUESTED ACTION: Council consider the award of a bid for Improvements to Alice Keith Park. RECOMMENDATION Administration recommends the award of a bid to G & G Enterprises of Orange, Texas in the amount of $1,302,690. . BACKGROUND Bids were received on Thursday, July 10, 2008 for improvements to Alice Keith Park. These improvements include a community center, landscaping, restroom facility, playground, a parking lot with area lighting and a police substation. The improvements were designed by The Labiche Architectural Group of Beaumont. In keeping with the architectural integrity of the existing brick building located on Highland Avenue and the City's commitment to preserve existing structures, the new community center was designed to compliment the existing building's architecture. A pergola will connect the building to the community center through the breeze way. The community center's rear entrance includes a large patio area opening onto the park grounds. Elements such as the type and color of the brick and trim will closely match the existing structure. A new parking lot will be constructed with access from Highland Avenue, preserving the park's original flagpole. The existing public restroom building will be converted to a neighborhood police substation. A new playground and restroom facility will be constructed on the north side of the community center also fronting Highland Avenue. Sidewalks from the community center parking lot will be constructed for access to the playground. The playground equipment will be purchased separately and is not included in this contract. . Alternate No. 1 includes the restoration of the original Alice Keith Pool entrance that was retained after the above ground pool was demolished. The renovation of the entrance includes cleaning and painting the structure, adding a concrete plaza and landscaping. • Improvements to Alice Keith Park July 16, 2008 Page 2 It is recommended that the Base Bid and Alternate Bid #1 be accepted. Amenities provided at Alice Keith Park include tennis courts, a covered basketball court, and a community swimming pool. The bids received are as follow: CONTRACTOR BASE BID ALT. NO. 1 G & G Enterprises $1,298,000 $4,690 Orange, TX N & T Construction Co., Inc. $1,320,000 $12,500 Beaumont, TX Cleveco Construction Co. $1,337,500 $23,000 Lumberton, TX Goss Building, Inc. $1,372,700 $18,040 Beaumont, TX McInnis Construction $1,545,600 $15,000 Silsbee, TX Brammer Construction, Inc. $1,609,900 $28,925 Nederland, TX Meridian Commercial, L.P. $1,774,000 $19,000 Houston, TX G & G Enterprises is the low bidder for the project including Alternate No. 1. The base bid and Alternate No. 1 total $1,302,690. G & G plans to subcontract 13% of the contract to certified MBE's and State certified HUB vendors. Scheduled completion time is 210 days. The existing community center on the corner of Reed Street and Lavaca will remain in service until the new community center is completed. Upon completion, the City will proceed with the demolition of the structure. A site plan and pictures are attached for your review. BUDGETARY IMPACT • Funds for this project are budgeted in the Capital Program. HIGHLAND A V R N U R n u R RRD S*IR RRT O f avo �rnrf����trrR;tr QqFA A R Nig Oka •. d d �� �� l�k 9a� l rIla'WN' qpi 4I L I�. II � �x IIv�,n��%+ •���"�I,w, g ��'�ii, i`. „ l pp� rr I 3 a"w"SAP" ! � vN/ � s �I 'I ail I� • RESOLUTION NO. and, WHEREAS, bids were solicited for a contract for Improvements to Alice Keith Park; WHEREAS, G & G Enterprises of Orange, Texas, submitted a bid in the amount of $1,302,690; and, WHEREAS, City Council is of the opinion that the bid submitted by G & G Enterprises of Orange, Texas, should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the bid in the amount of $1,302,690 submitted by G & G Enterprises of Orange, Texas, for a contract for Improvements to Alice Keith Park be accepted by the City of iBeaumont. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 29th day of July, - Mayor Becky Ames - • • 12 July 29, 2008 Consider approving a contract for sidewalk and lighting improvements in the downtown block bounded by Park, Fannin, Neches and Bowie Streets 0 L` . RICH WITH OPPORTUNITY 11 11CM ► 1�10T( City Council Agenda Item T• E• X• A• S n LJ 9 Im City Council FROM: Kyle Hayes, City Manager I -V1.1 D PREPARED BY: Tom Warner, Director of Public Works MEETING DATE: July 29, 2008 REQUESTED ACTION: Council consider a resolution authorizing the award of a contract for Brick Paved Sidewalks in the downtown block bounded by Park Street, Fannin Street, Neches Street and Bowie Street to Norman Highway Constructors, Inc., in the amount of $568,047.02. RECOMMENDATION Administration recommends awarding the contract to Norman Highway Constructors, Inc. in the amount of $568,047.02. BACKGROUND On July 10, 2008, the City of Beaumont received two (2) bids for the Downtown Brick Paved Sidewalks Construction Project. The lowest bid was submitted by Norman Highway Constructors, Inc. in the amount of $568,047.02. The estimated cost of the project prior to receipt of bid was $480,000.00. A bid tabulation is attached. Contractor Bid Amount Brystar Contracting $678,872.75 Norman Highway Constructors, Inc. $568,047.02 The MBE goal will be met though subcontracting with MBE firms of Crabtree Barricade Systems, American Remediation and Labellco in the amount of $114,000.00 representing 20.0% ofthe contract amount. BUDGETARY IMPACT Funds are available through the Capital Program. z 37312 m LL 0 0 � y..r m d 0 Cli z 37312 m LL 0 m F m m M F 0 m M ZO/Z0 39'8 Md 1N©Wn'd3S AiID 8982/5Z/L9 0 o .n u' oa ' .�w l/� W V uj $ d S 1 � N o S Q J lu d F m m M F 0 m M ZO/Z0 39'8 Md 1N©Wn'd3S AiID 8982/5Z/L9 • 0 0 O o o O O o of r O o o O O O O Oa o c? M ui S N r N N N tOpf f? 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WHEREAS, bids were solicited for a contract for the Brick Paved Sidewalks Project for the downtown block bounded by Park Street, Fannin Street, Neches Street and Bowie Street; and, WHEREAS, Norman Highway Constructors, Inc., submitted a bid in the amount of $568,047.02; and, WHEREAS, City Council is ofthe opinion that the bid submitted by Norman Highway Constructors, Inc., should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the bid in the amount of $568,047.02 submitted by Norman Highway Constructors, • Inc. for the above referenced Brick Paved Sidewalks Project be accepted by the City of Beaumont. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 29th day of July, - Mayor Becky Ames - 0 C; 0 13 July 29, 2008 Consider approving Change Order No. I for the Rolfe Christopher Pavement Improvement Project RICH WITH OPPORTUNITY BEA,UMON*City Council Agenda Item T• E• R• A• S TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tom Warner, Director of Public Works MEETING DATE: July 29, 2008 REQUESTED ACTION: Council consider a resolution approving Change Order No. 1 for the Rolfe Christopher Pavement Improvement Project. RECOMMENDATION The Administration recommends approval of Change Order No. lin the amount of $195,277.93 M which is required to add an outfall structure and increase water and waste water system improvements to the Project. BACKGROUND On December 11, 2007, City Council awarded Allco, LTD the contract for the Project in the amount of $5,495,820.65. Change Order No. 1 is required to add a storm sewer ouftall structure, fire hydrants, new water mains, gate valves and fittings, sanitary sewer manholes and also increase quantities for water and waste water mains improvement to the contract. This change order in the amount of $195,277.93 will increase the contract amount to $5,691,098.58. A copy of the change order is attached. BUDGETARY IMPACT Funds are available in the Capital Program. • RCNis�#1 07/16/2008 CITY OF BEAUMONT 1 LJ DATE: 07 July 2008 PROJECT: Rolfe Christopher Pavement Improvement Project OWNER: City of Beaumont CONTRACTOR: ALLCO INC. CHANGE ORDER NO.: 01 i'»:z;3»='.::.:.:.........!..............:..................fit.. � ::��.....���`.:..... Add Construction Items and/or quantities to the Contract: ORIGINAL CONTRACT AMOUNT: $5,495,820.65 NET FROM PREVIOUS CHANGE ORDERS: $0.00 TOTAL AMOUNT OF THIS CHANGE ORDER: $195,277.93 PERCENT OF THIS CHANGE ORDER: 3.55% TOTAL PERCENT CHANGE ORDER TO DATE: 3.55% NEW CONTRACT AMOUNT: $5,691,098.58 ACCEPTED BY: h (�-y—_ z f� . df?&� CONTRACTOR APPROVED BY: JORIS P. COLBERT, CITY ENGINEER TOM WARNER, DIRECTOR OF PUBLIC WORKS ATTESTED BY: 0 TINA BROUSSARD, CITY CLERK PATRICK DONART, WATER UTILITIES ENGINEER KYLE HAYES, CITY MANAGER Item No. Item Code Description Unit Original Quantity Q ty New Quantity Unit Price Amount 432 002 OUTFALLSTRUCTURE LS 0 1 $15,715 -OC $15,715.00 WATER UTLITIFS 712 002 NEW FIBERGLASS MANHOLE (SANITARY SEWER) EA 0 2 $3,000.00 $6,000.0 808 002 FIRE HYDRANT ASSEMBLY (REMOVE & REPLACE) EA 0 5 $4,400. $22,000.0 810 009 2" WATER LINES (HDPE) LF 0 57 $12.6 $718.20 810 012 8" WATERMAINS PVC (C-900) LF 2611 4165 $37.00 $57,498. 810 014 6" WATERMAINS PVC (C-900) LF 0 35 $30.8 $1,078.00 810 015 8" X 45 DEG. MJ BEND EA 0 22 $315.0 $6,930.0 810 016 12" X 45 DEG. MJ BEND EA 0 2 $520.0 $1,040.0 810 017 8" X 90 DEG. MJ BEND EA 0 1 $325.00 $325.0 810 018 8" X 8" MJ TEE EA 0 5 $450.00 $2,250.0 810 019 12" X 8" MJ CROSS EA 0 1 $78500 $785.00 811 002 8" RESILIENT WEDGE GATE VALVES EA 1 28 $1,675.0 $45,225.0 4020 001 6" SEWER MAINS (HDPE) LF 622 1321 $41.75 $29,183.25 4020 007 10" SEWER MAINS (HDPE) LF 0 10 $46.00 $460.0 020 1 010 12" SAN SEWER, SDR 26 (8 FT DEEP)(FLORIDA) LF 0 108 $55.56 $6,000.48 40 020 1 011 6" X 45 DEG. BEND (SAN. SEWER) EA 0 2 $35.00 $70.00 ADD TOTAL AMOUNT $195,277.93 ORIGINAL CONTRACT AMOUNT: $5,495,820.65 NET FROM PREVIOUS CHANGE ORDERS: $0.00 TOTAL AMOUNT OF THIS CHANGE ORDER: $195,277.93 PERCENT OF THIS CHANGE ORDER: 3.55% TOTAL PERCENT CHANGE ORDER TO DATE: 3.55% NEW CONTRACT AMOUNT: $5,691,098.58 ACCEPTED BY: h (�-y—_ z f� . df?&� CONTRACTOR APPROVED BY: JORIS P. COLBERT, CITY ENGINEER TOM WARNER, DIRECTOR OF PUBLIC WORKS ATTESTED BY: 0 TINA BROUSSARD, CITY CLERK PATRICK DONART, WATER UTILITIES ENGINEER KYLE HAYES, CITY MANAGER RESOLUTION NO. WHEREAS, on December 11, 2007, the City Council of the City of Beaumont, Texas, passed Resolution No. 07-402 awarding a contract in the amount of $5,495,820.65 to ALLCO, LTD for the Rolfe Christopher Pavement Improvement Project (Spur 380 -East Virginia Street, to Hwy 69 S Feeder Road); and, WHEREAS, Change Order No. 1 in the amount of $195,277.93 thereby increasing the contract amount to $5,691,098.58 is required to add and increase water and waste water system improvements. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to execute Change Order No. 1 40 in the amount of $195,277.93 thereby increasing the contract amount to $5,691,098.58 for the Rolfe Christopher Pavement Improvement Project (Spur 380 -East Virginia Street, to Hwy 69 S Feeder Road). 2008. 0 PASSED BY THE CITY COUNCIL of the City of Beaumont this the 29th day of July, - Mayor Becky Ames - • 14 July 29, 2008 Consider approving the purchase of a pavilion for use at the C.A. "Pete" Shelton Memorial Plaza • • RICH WITH OPPORTUNITY BE A,UMON* T- E• X• A• S TO: FROM: PREPARED BY: MEETING DATE: REQUESTED ACTION: RECOMMENDATION City Council Agenda Item City Council Kyle Hayes, City Manager Tom Warner, Director of Public Works July 29, 2008 Council consider the purchase of a Bandstand Pavilion. Administration recommends the purchase and installation of a 30 ft. x 40 ft. Bandstand Pavilion at the C. A. "Pete" Shelton Memorial Plaza from Kraftsman Playground & Park Equipment of Spring, Texas through the BuyBoard contract in the amount of $122,323.85. • BACKGROUND The purchase of the pavilion will be made through the Texas Association of School Boards (TASB) BuyBoard cooperative purchasing program. The Texas Local Government Purchasing Cooperative, administered by TASB, complies with all State bidding statutes. Membership with BuyBoard allows municipalities to purchase items from their contracted vendors. Kraftsman Playground & Park Equipment of Spring, Texas is a BuyBoard contracted vendor that will furnish and install a 30 ft. x 40 ft. steel pavilion with a 4 ft perimeter concrete sidewalk and connecting walkway. The pavilion includes decorative hand railing with access from the front and back on the 40 ft. sides. The pavilion will be constructed to meet all current windstorm codes. Delivery of the pavilion will be in approximately ten (10) weeks after receipt of order. BUDGETARY IMPACT The Capital Reserve Fund and the Hotel Occupancy Tax Fund will each provide $50,000 for this project. The Fire Museum of Texas will provide the balance in the amount of $22,323.85. • RESOLUTION NO. 0 is BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Council hereby approves the purchase and installation of a 30' x 40' bandstand pavilion at the C.A. "Pete" Shelton Memorial Plaza from Kraftsman Playground & Park Equipment of Spring, Texas, in the amount of $122,323.85 through the Texas Association of School Boards (TASB) BuyBoard cooperative purchasing program. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 29th day of July, - Mayor Becky Ames - • 15 July 29, 2008 Consider approving a new solid waste collection and transportation service franchise • • RICH WITH OPPORTUNITY BEA,UMON* T • E • x • A • s City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Laura Clark, Chief Financial Officer MEETING DATE: July 29, 2008 REQUESTED ACTION: Council consider granting a new solid waste collection and transportation service franchise. RECOMMENDATION Administration recommends granting a solid waste collection and transportation service franchise to Mr. Garbage, LLC. • BACKGROUND According to City Ordinance 28-22.1, no person shall engage in the business of collecting, hauling or transporting, in the city, any garbage, waste or refuse, without first having obtained a franchise from the City. Four (4) entities currently have nonexclusive franchise agreements with the City and are doing business in this area. Mr. Garbage, LLC has requested that the City Council grant the company such franchise agreement. Mr. Garbage is locally owned and operated with its corporate office located at 4745 Fannett Road in Beaumont. The requested franchise is generally the same as those previously approved by City Council. It provides for a term of one year from its effective date and a franchise fee of seven percent (70/0) of gross revenues received for service. It also requires the entity to indemnify the City of Beaumont and provide insurance which names the City of Beaumont as a named insured. According to City Charter, franchise ordinances require readings at three (3) separate Council meetings, with the third not less than thirty (30) days from the first reading. The ordinance does not take effect until sixty (60) days after its adoption on the third and final reading. After passage, the ordinance must be published for four (4) consecutive weeks in a newspaper of general circulation in the city. All publication costs are paid by franchisee. Attached, is a copy of the franchise agreement for your review. The first reading of this item took place at the June 24, 2008 council meeting. BUDGETARYIMPACT A franchise fee of seven percent (7%) of gross receipts is paid into the General Fund. ENTITLED AN ORDINANCE GRANTING A FRANCHISE FOR SOLID WASTE COLLECTION AND TRANSPORTATION SERVICES TO MR. GARBAGE, LLC ORDINANCE NO. 08 - WHEREAS, Mr. Garbage, LLC, (the "Company") has requested a franchise to operate a solid waste collection and transportation service within the City of Beaumont, Texas (the "City"); and, WHEREAS, the City desires to grant such franchise; NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. Grant of Authority • There is hereby granted by the City to Mr. Garbage, LLC, the right and privilege to operate • and maintain within the City a solid waste collection and transportation service (the "service"). For purposes of this franchise, the term "solid waste collection and transportation service" shall mean the regular business of collection, hauling or transporting any garbage, rubbish, waste or refuse from locations in the City, and the disposal of such material in accordance with law. The franchise granted herein is nonexclusive, and franchises may be granted to other persons for service. Section 2. Term of Franchise The franchise herein granted shall take effect and be in force sixty (60) days after the final passage hereof as required by law and upon the filing by the Company of an acceptance with the City Clerk, and shall continue in force and effect until one (1) year thereafter. The acceptance required hereunder must be in writing and filed with the City Clerk within thirty (30) days after final - 1 - passage hereof. Upon the expiration of the term hereof, this franchise shall continue on a month- to-month basis until terminated by either party or extended or replaced. Section 3. Rates The Company shall establish rates for service which are uniform as to customer class based upon such criteria as type of waste, container size, frequency of collection, and distance of travel. The Company shall file its initial rates for service with its acceptance as required herein. Such rates shall, unless modified by the City, be effective with the effective date of this franchise. Any modifications in rates by the Company shall first be filed with the City Clerk and City Attorney and shall be effective thirty (30) days after such filing unless modified by City as provided herein. Nothing herein shall prevent the Company from charging uniform rates which are less than the rates filed with the City. The City shall have the right to establish rates charged by Company for services • performed hereunder, after notice and hearing. Rates established by the City shall be sufficient to allow the Company an opportunity to earn a reasonable return on its invested capital used in providing such services. Section 4. Franchise Fee The Company shall pay to the City, on or before the fifteenth (15th) day of each month, a sum equal to SEVEN PERCENT (7%) of the gross revenues received for service in the previous month as payment for the use of the City's streets, alleys and rights-of-way. The payments herein provided do not relieve Company from the payment of ad valorem taxes, special assessments, charges, or other fees applicable to the public generally. City shall have the right, at any reasonable time, to audit the books and records of the Company and the Company is hereby required to make such books and records available at the request of City. Upon written acceptance, the Company shall furnish to the City a listing of customers served, including customer -2- name, address, frequency of pick-up, size of container or type of service and charge for same. The following reports shall be filed monthly with the City Manager or his designee along with the street rental payment required herein: 1. Upon written request and within thirty (30) days of receipt, the Company shall furnish to the City adequate reconciliation of reported revenues which would include: a listing of names and addresses of all customers served, frequency of pick-up, size of container or type of service and charge for same, and date service was initiated and discontinued. Section 5. Indemnity, Insurance and Bond The Company shall at all times during the effective period of this franchise, carry liability insurance as provided herein. The Company covenants and agrees at all times to indemnify and save harmless the City, its officers, agents, employees, and any member of the public against any and all injuries, damages, claims, causes of action or loss of compensation arising or resulting from Company's operations under this franchise, whether or not such loss was caused by the negligence of the City, its agents, servants or employees. Upon notice given Company by City, Company must defend at its own expense, any action or suit brought against the City because of any work or other acts done by the Company under the terms of this franchise. Counsel chosen by Company to defend City must be satisfactory to City. Company will pay any final judgment which might be obtained against City by reason of any work or acts done hereunder by Company, its agents, servants or employees, and Company will pay all damages occurring to any person or property, public or private, resulting from any fault or neglect on its part or on the part of its agents -3- or employees. The Company agrees to carry insurance as follows: 1) Workers' Compensation The Company shall furnish the City Clerk a certificate of insurance indicating workers' compensation coverage as required by the State of Texas. 2) Automobile Liability Insurance The Company shall carry, in its own name, a policy in comprehensive form to insure the automobile liability of its operation with limits of not less than Five Hundred Thousand Dollars ($500,000.00) per occurrence for bodily injury and, in addition, not less than One Hundred Thousand Dollars ($100,000.00) property • damage. This policy shall name City as an additional insured and provide for thirty (30) days notice to City prior to cancellation. A certificate of insurance certifying such coverage shall be filed with the City Clerk before the effective date of this franchise, and it shall be maintained in force during the term of the franchise. 3) General Liability The Company shall carry, in its own name, a comprehensive liability insurance policy including contractual coverage for operations other than automobile with limits of not less than Five Hundred Thousand Dollars ($500,000.00) per occurrence for bodily injury, and One Hundred Thousand Dollars ($100,00.00) per occurrence for property damage. The policy shall name the City as named insured and provide for thirty (30) days notice to City prior to cancellation. A certificate of insurance certifying such coverage shall be filed with -4- the City Clerk before the effective date of this franchise and maintained in force during the term of the franchise. Section 6. Compliance with Laws and Ordinances The Company shall, at all times during the term of this franchise, be subject to all lawful exercise of police power by the City and to such reasonable regulations as the City shall hereafter by ordinance provide. In addition, the Company will observe all city, county, state, and federal laws regulating the collection and disposal of solid waste. Section 7. Service Standard and Equipment The Company shall maintain and operate its collection system and equipment in good order to render efficient service subject to the terms of this franchise. All vehicles, containers, and • equipment used for the collection and transportation of solid waste shall be constructed, operated and maintained to prevent loss of liquid or solid waste material and to minimize health and safety hazards to solid waste management personnel and the public. Such vehicles, containers, and equipment used shall be maintained in a clean, sanitary condition and free from odors at all times. All vehicles and equipment shall comply with federal, state, and local regulations. Collection vehicles and all bulk, commercial, and roll -off type containers shall be painted and numbered and shall have the Company's name and telephone number painted in letters of a contrasting color. Such containers may not be placed on any street or right-of-way within the City. All collections shall be made directly from the premises of the customer and any emptied containers returned directly to such premises. Section 8. Providing Services 0 The Company shall provide service to any person, firm, corporation, association or entity inside the City of Beaumont who requests such service and is not delinquent in the payment of -5- • collection charges due the Company. Section 9. Office The Company shall establish and maintain an office with telephone service and shall keep said office open for business from 9:00 A.M. to 5:00 P.M. each and every day except Saturday, Sunday and holidays. Section 10. Interruption of Service In the event that service shall be interrupted for any reason for more than forty-eight (48) hours, the City shall have the right to make temporary independent arrangements for the purposes of continuing this necessary service to its residents in order to provide or protect the public health and safety. If the interruption in service mentioned herein continues for a period of seventy-two (72) is hours, then the City shall have the right to terminate the rights and privileges granted in this franchise. • Section 11. Termination In the event that any provision of this franchise is violated by the Company, the City may serve written notice upon the Company of its intention to terminate this franchise. The notice shall contain the reasons for such intention to terminate the franchise. Unless within ten (10) days after mailing such notice by City to the Company, such violation shall cease, or satisfactorily arrangements for correction be made by Company, the City Council may, after a public hearing in which Company is provided an opportunity to present evidence concerning such violation, declare the franchise terminated and serve written notice upon the Company of the termination and the termination of the franchise shall be effective upon the mailing of such notice. I� • Section 12. Transfer of Franchise Rights Franchise rights granted hereunder shall not be transferred to another without the approval of City. A single transfer or a series of transfers of Company's stock which constitute a transfer of a majority interest in Company is subject to the prior approval of City. Section 13. Notices Where written notices are provided for in this ordinance, same shall be sufficient to notify Company when provided by certified mail to: Mr. Garbage, LLC 4745 Fannett Road Beaumont, Texas 77705 Notice to City is sufficient if mailed by certified mail to: • City Manager City of Beaumont P.O. Box 3827 Beaumont, TX 77704 Section 14. If any section, sentence, clause, paragraph or phrase of this ordinance, other than Section 4, is for any reason held to be invalid or illegal, such invalidity shall not effect the remaining portions of this ordinance. If Section 4 hereof is held to be invalid for any reason, the ordinance shall be immediately invalid. Section 15. It is agreed by City and Company that venue of any legal proceedings under this franchise agreement shall be in Jefferson County, Texas. Section 16. • Vehicle Permits Twenty (20) days prior to the effective date of this franchise, the Company shall furnish -7- • to the City a list of all vehicles to be providing solid waste collection and disposal service under this franchise. Such list shall include state license number, year, make, model and manufacturer's rated capacity for each vehicle. Vehicles not having a valid City of Beaumont landfill permit will not be allowed to operate under this agreement nor utilize the City refuse disposal facility. If at any time a vehicle or equipment is found to be in noncompliance with Section 7 of this franchise, the Company will be notified of its violation and said equipment or vehicle shall be removed from service upon receipt of written notification. Failure to comply with this provision or to falsify the information concerning the location of the service of the vehicle shall be a material breach of this franchise. Should City decide not to terminate this franchise because of any violation of this Section, Company's disposal fee at City's landfill shall be doubled for all of Company's vehicles for a period of sixty (60) days. 40 PASSED BY THE CITY COUNCIL of the City of Beaumont on first reading this the day of , 2008. PASSED BY THE CITY COUNCIL of the City of Beaumont on second reading this the day of , 2008. PASSED BY THE CITY COUNCIL of the City of Beaumont on final reading this the day of ACCEPTANCE: Mr. Garbage, LLC • By. Randy Skipper, Owner sm , 2008. Mayor, City of Beaumont Becky Ames • 16 July 29, 2008 Consider authorizing the City Manager to execute an Industrial District Contract with ExxonMobil Oil Corporation 11 RICH WITH OPPORTUNITY BEAUMON* 1 T• E• X 0 A• S TO: FROM: PREPARED BY: MEETING DATE: REQUESTED ACTION: City Council Agenda Item City Council Kyle Hayes, City Manager Laura Clark, Chief Financial Officer July 29, 2008 Council consider authorizing the City Manager to execute an Industrial District Contract with ExxonMobil Oil Corporation. RECOMMENDATION • The Administration recommends approval of a resolution authorizing the City Manager to execute an Industrial District Contract with ExxonMobil Oil Corporation. BACKGROUND Industrial District Contracts enable the City to collect payments in lieu of taxes from industries located outside the city limits. The City currently has a contract with ExxonMobil Oil Corporation that will expire December 31, 2008. The new contract with ExxonMobil will be effective January 1, 2009. The in -lieu of tax payment will be based on a ratio of 77.5% of property taxes due to the City as if the industry were located within the city limits in 2009, 77.5% of property taxes due to the City in 2010 and 2011 and 75% of property taxes due to the City in 2012 through 2015. The 2009 payment by ExxonMobil will be based on 77.5% of the assessed value multiplied by the tax rate effective on October 1, 2008 or $11,500,000, whichever is less. Payments will be due to the City by February I' of each year. A copy of the draft agreement is attached for your review. BUDGETARY IMPACT The FY 2009 budget is currently being prepared and the remaining industrial contracts are being completed. Industrial payments received in FY 2008 amounted to $13,177,553 and are 13.2% of General Fund revenues. ExxonMobil's total FY 2008 payment of $9,689,515 is 73% of the • industrial revenue received in FY 2008. 0 RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to execute an Industrial District Contract with ExxonMobil Oil Corporation effective January 1, 2009. The agreement is substantially in the form attached hereto as Exhibit "A" and made a part hereof for all purposes. 2008. 0 0 PASSED BY THE CITY COUNCIL of the City of Beaumont this the 29th day of July, - Mayor Becky Ames - THE STATE OF TEXAS § COUNTY OF JEFFERSON § AGREEMENT This Agreement is made under the authority of Section 42.044 of the Texas Local Government Code. The parties to the Agreement are The City of Beaumont, a municipal corporation and a home -rule city located in Jefferson County, Texas, hereinafter called "CITY," and ExxonMobil Oil Corporation, its parent, subsidiaries and affiliates, including GE Capital/State Street Bank and Trust, hereinafter called "COMPANY." PREAMBLE WHEREAS, Company owns land and improvements which are a part of the • manufacturing, industrial, and refining facilities of said Company. The City has established an • industrial district comprising a certain part of the extra -territorial jurisdiction of the City, such industrial district being known as the City of Beaumont Industrial District. WHEREAS, the Company recognizes the benefits of this Agreement and an obligation to contribute to the revenue needs of said City in an amount commensurate with the burdens placed upon the City and benefits derived by the Company by reason of being located immediately adjacent to said City. WHEREAS, the Company and the City desire to base the industrial district payment on assessed value to ensure equity among the companies. In view of the above and foregoing reasons, and in consideration of the mutual agreements herein contained, Company and City hereby agree as follows: G:UnduwW Cot ftacb\2009\ExxonMoW 2009.doc j EXHIBIT "A" • ARTICLE I • • COMPANY'S OBLIGATION Annual Payment on Company's Property 1. Commencing with the calendar year 2009 and each calendar year thereafter for the duration of this Contract, the Company will pay the City a certain sum which will be computed on the assessed value of the Company's facilities and property, real, personal, and mixed located on Company's land covered by this contract. (Herein "the properties") 2. By the term "Assessed Value" is meant the 100% valuation of the Company properties, as determined by the Jefferson County Appraisal District for the previous tax year. 3. The term "assumed City taxes due" shall be calculated by the following formula: Assumed City Taxes Due: Assessed Value / 100 X Current City Tax Rate = Assumed City Tax Due 4. Payment Procedures The procedures for determining and making such payments shall be as follows: (a) The payment for 2009 shall be due and payable on or before February 1, 2009, and calculated as follows: Assumed City Taxes Due: Assessed Value / 100 X Current City Tax Rate = Assumed City Tax Due Year 1 77.5% of Assumed City Taxes Due = Payment Due or $11,500,000, whichever is less GAIndustrial Contracts12009\ExxonMObil 2009.doc 2 Each October thereafter, the Chief Financial Officer shall obtain the most recent assessed values as set by the Jefferson County Appraisal District for the Company's properties, real, personal and mixed, having taxable situs within the areas described in this Agreement; for example, in October, 2008, the 2008 assessed values shall be used for the February 1, 2009 payment. This assessed value, less exclusions as described in Article 10, shall be used in the calculation of the payment. If the assessed values for the period required are in question and/or under litigation with the Jefferson County Appraisal District, payment shall be computed on the most recent certified values from the Jefferson County Appraisal District. The Company shall notify the City following resolution of the appraised value question and an adjustment for the payment, without interest, will be made within thirty (30) days following such resolution. (b) After the assessed value of the Company's properties has been determined, the payments due hereunder shall be calculated in accordance with the following schedule: The 2010 payment shall be 77.5% of assumed City taxes due, except such payment shall not exceed or be less than the 2009 payment by more than 10%. The 2011 payment shall be 77.5% of assumed City taxes due, except such payment shall not exceed or be less than the previous year's payment by 10%. The 2012 - 2015 payments shall be 75% of assumed City taxes due, except the payment shall not exceed or be less than the previous year's payment by more than 7%. (c) City hereby agrees to bill Company for its payments due hereunder on or before January 1 each year. Company shall pay to City the amount billed on or before February 1 each year. Upon receiving the final payment, the Chief Financial Officer shall issue an official receipt of said City acknowledging full, timely, final and complete payment due by said Company to • GAIndustrial Contracts12009\ExxonMobil 2009.doe 3 fiE City for the property involved in this Agreement for the year in which such payment is made. If payment is not made on or before any due date, the same penalties, interest, attorneys' fees and costs of collection shall be recoverable by the City as would be collectible in the case of delinquent ad valorem taxes. Further, if payment is not timely made, all payments which otherwise would have been paid to the City had Company been in the City limits of City will be recaptured and paid to the City within 60 days of any such event. ARTICLE II PROPERTY COVERED BY AGREEMENT This instrument will reflect the intention of the parties hereto that this instrument shall govern and affect the properties of Company (facilities, real, personal, and mixed) located on Company's real property more particularly described in Exhibit "A" hereto, which are within the • extra -territorial jurisdiction of the City of Beaumont. ARTICLE III • SALE BY COMPANY Company shall notify City of any sale of any or all of Company's facilities to any person or entity. It is the intent of the parties that no sale of any of Company's facilities will affect the amount to be paid to the City as provided under this Agreement. Accordingly and as to payments due under this contract no such sale shall reduce the amount due the City under this contract until the purchaser of such facility has entered into a contract in lieu of taxes with the City that provides for a continuation of like payments to the City. GAIndushial Contmcts\20091ExconMobi12009.doc 4 ' r , • ARTICLE IV CITY'S OBLIGATIONS 1. City agrees that it will not annex, attempt to annex or in any way cause or permit to be annexed any portion of lands or facilities or properties of said Company covered by this Agreement for the period of the agreement except as follows: (a) If the City determines that annexation of all or any part of the properties covered by this Agreement belonging to said Company is reasonably necessary to promote and protect the general health, safety and welfare of persons residing within or adjacent to the City, the City will notify Company in accordance with State law of the proposed annexation. In the event of such annexation, Company will not be required to make further payment under this Agreement for any calendar year commencing after such annexation with respect to the property so annexed, but shall nevertheless be obligated to make full payment for the year during which such annexation become effective if the annexation becomes effective after January 1 st of said year. (b) In the event any municipality other than the City attempts to annex separately or in the event the creation of any new municipality shall be attempted so as to include within its limits any land which is the subject matter of this Agreement, City shall, with the approval of Company, seek immediate legal relief against any such attempted annexation or incorporation and shall take such other legal steps as may be necessary or advisable under the circumstances with all cost of such action being borne equally by the City and by the said Company or companies with the Company's portion allocated on the basis of assessed values. 2. The City further agrees that during the term of this agreement, there shall not be extended or enforced as to any land and property of Company within said City of Beaumont • Industrial District, any rules, regulations, or any other actions: (a) seeking in any way to control G:UndustrW Cattracts\2009\ExxonMobi12009.doc 5 • conduct of Company's activities, facilities or personnel thereof. 3. It is understood and agreed that during the term of this Agreement or any renewals thereof, the City shall not be required to furnish any municipal services to Company's property located within the City of Beaumont Industrial District; provided, however, City agrees to furnish fire protection to Company should such protection be requested by Company in the event an unusual emergency situation occurs. ARTICLE V TERMINATION OF BREACH It is agreed by the parties to this Agreement that only full, complete and faithful performance of the terms hereof shall satisfy the rights and obligations assumed by the parties and that, therefore, in addition to any action at law for damages which either party may have, Company shall be entitled to enjoin the enactment or enforcement of any ordinance or charter amendment in violation of, or in conflict with, the terms of this Agreement and shall be entitled to obtain such other equitable relief, including specific performance of the Agreement, as is necessary to enforce its rights. It is further agreed that should this Agreement be breached by Company, the City shall be entitled, in addition to any action at law for damages, to obtain specific performance of this Agreement and such other equitable relief necessary to enforce its rights. GAIndustrial Contracts\2009\ExxonMobil 2009.doc the platting and subdivisions of land, (b) prescribing any buildings, electrical, plumbing or inspection standards or equipment, or (c) attempting to regulate or control in any way the • conduct of Company's activities, facilities or personnel thereof. 3. It is understood and agreed that during the term of this Agreement or any renewals thereof, the City shall not be required to furnish any municipal services to Company's property located within the City of Beaumont Industrial District; provided, however, City agrees to furnish fire protection to Company should such protection be requested by Company in the event an unusual emergency situation occurs. ARTICLE V TERMINATION OF BREACH It is agreed by the parties to this Agreement that only full, complete and faithful performance of the terms hereof shall satisfy the rights and obligations assumed by the parties and that, therefore, in addition to any action at law for damages which either party may have, Company shall be entitled to enjoin the enactment or enforcement of any ordinance or charter amendment in violation of, or in conflict with, the terms of this Agreement and shall be entitled to obtain such other equitable relief, including specific performance of the Agreement, as is necessary to enforce its rights. It is further agreed that should this Agreement be breached by Company, the City shall be entitled, in addition to any action at law for damages, to obtain specific performance of this Agreement and such other equitable relief necessary to enforce its rights. GAIndustrial Contracts\2009\ExxonMobil 2009.doc ARTICLE VI AFFILIATES The benefits accruing to Company under this Agreement shall also extend to Company's "Parent" "affiliates" and to any properties owned or acquired by said parent and affiliates within the area described in Exhibit "A" to this Agreement, and where reference is made herein to land, property and improvements owned by Company, that shall also include land, property and improvements owned by its parent and or affiliates. The word "affiliates" as used herein shall mean all companies with respect to which Company directly or indirectly, through one or more intermediaries at the time in question, owns or has the power to exercise the control over fifty percent (50%) or more of the stock having the right to vote for the election of directors. The word "parent" as used herein shall mean all companies which directly or indirectly, through one or more intermediaries at the time in 40 question owns or has the power to exercise control over fifty percent (50%) of the stock having the right to vote for the election of directors of Company. 0 ARTICLE VII TERM OF AGREEMENT The term of this Agreement shall be for seven (7) years, commencing January 1, 2009, and ending on December 31, 2015. ARTICLE VIII CONTRACT REOPENERS Either party, by giving written notice to the other parry a minimum of one hundred twenty (120) days prior to the end of the fifth year of this contract may reopen for negotiation any portion or all of this Agreement for the years 2014 and 2015. QUndustrial Contracts\2009\ExxonMobil 2009.doc 7 • • 0 ARTICLE IX NOTICES Any notice provided for in this Contract, or which may otherwise be required by law shall be given in writing to the parties hereto by Certified Mail addressed as follows: TO CITY TO COMPANY City Manager ExxonMobil Oil Corporation City of Beaumont Manager, Property Tax Division 801 Main PO Box 53 P. O. Box 3827 Houston, Texas 77001-0053 Beaumont, Texas 77704 ARTICLE X EXCLUSIONS 1. In determining the assessed value of the Company facilities there is to be excluded therefrom the value of any new plant facilities or modernization of or additions that significantly increase the assessed value of Company's properties. "Significantly increase" shall be defined as an increase in assessed value of five percent (5%) or more above the prior year's assessed value on realty improvements for the specific plant facility. "Specific plant facility" shall mean any one of the following: the Beaumont Refinery (including GE Capital/State Street Bank and Trust), Olefin & Aromatics Plant, Polyethylene Plant, Beaumont Chemical Specialty Plant, Blending and Packaging Plant, Neches River Treatment Facility, or the Co -generation Facility. This exclusion will be restricted to include only a new and distinct processing facility or modernization of or additions to present facilities and shall not include the maintenance, reconditioning, replacement, upgrading, refurbishing or repairing of existing process facilities. The intent of this exclusion is to encourage major new capital investment within the GAIndustrial Contracts\2009\ExxonMobi12009.doe 8 0 extraterritorial environs of the City. Determination of qualifications for this exclusion shall be made by the City Manager upon petition by Company and presentation of all pertinent data. Company shall notify the City Manager of its intention to claim an exclusion at least one hundred twenty (120) days prior to the end of the calendar year prior to the year in which the exclusion will take place. Subject to the upper and lower limitations on payments set out in Article I 4 (b) hereof, Company agrees that to whatever extent that the non -excluded plant's assessed value on realty improvements is reduced for whatever reason (excepting from fire, explosion, or other casualty or accident or from any natural disaster), an equivalent amount (dollar for dollar) of assessed value on realty improvements of the excluded facilities shall be deemed for the purposes of this Agreement to lose its exclusion for the current year and accordingly shall be deemed to be included in the non -excluded plant's total assessed value and • payments shall be calculated and made by Company thereon to City for the subsequent year, however, in no event shall the offset exceed the fair market value of the realty improvements that would otherwise be excluded. Company agrees to provide the City Manager with all the information necessary for the City Manager to determine whether the expenditure by the Company is qualified for exclusion. The exclusion shall commence the first calendar year following the completion of construction and it shall be in the amount of 100% for the first, second and third years, 75% of value for the fourth and fifth years, and 509/o of value for the remaining years of this contract. 2. In determining the assessed value of the Company's facilities, there is also to be excluded therefrom the value of incomplete construction also known as construction in progress. This exclusion applies to new and distinct plant facilities or modernization of or additions to GAIndustrial Contradsl2009\ExxonMobil 2009.doc 9 • present facilities as specified in item (1) above, regardless of whether such will significantly increase the assessed values of Companies properties. 3. If a question arises relating to the exclusion amount, payment shall be made based on the last certified assessed value, without the questioned exclusion. An adjustment to the payment, if any, shall be made following resolution of the question. The determination concerning whether a capital expenditure by Company is qualified for exclusion hereunder shall be made by the City Manager. Any appeal of the decision of the City Manager shall be made in writing to the City Council within fifteen (15) days of the decision of the Manager. The decision of the City Council shall be final. ARTICLE XI CONTINUATION If this Agreement shall be held invalid by any court of competent jurisdiction, such holding shall not affect the right of City to any payment made or accruing to City hereunder prior to such adjudication, and this provision is intended to be an independent and separable provision not to be affected by such adjudication. GAIndustrial Contracts\2009\ExxonMobi12009.doc 10 . IN WITNESS THEREOF, this Agreement, consisting of 11 pages plus Exhibits "A", is executed in duplicate counterparts as of this day of 12008. CITY OF BEAUMONT, TEXAS Kyle Hayes City Manager ATTEST: Tina Broussard City Clerk EXXONMOBIL OIL CORPORATION ATTEST: WIndustrial Contracts\2009TxxonMobil 2009.doe 11 • WORKSESSION * Review and discuss issues related to Industrialized (Modular) Housing within the city limits of 0 Beaumont 0 RICH WITH OPPORTUNITY BEA,11MON T • E - X • A • S City Council Workshop TO: FROM: PREPARED BY: MEETING DATE: SUBJECT: City Council Kyle Hayes, City Manager 61 Chris Boone, Community Development Director July 29, 2008 Industrialized (Modular) Housing COMMENT: • Recently, permits were issued for two industrialized (modular) homes on Fairfield Street. Industrialized housing (modular homes) are not manufactured or mobile homes, but are factory built homes inspected and approved by the Texas Department of Licensing and Regulation and assembled at the building site. As a result of neighborhood opposition to this type of construction, we are in the process of reviewing options for regulating such construction. Until recently, regulation of industrialized housing was prohibited by the State. However, Section 1202.253 of the Texas Occupations Code now allows cities to regulate modular housing in the following ways: 1) have a value equal to or greater than the median taxable value for each singe -family dwelling located within 500 feet of the lot on which the industrialized housing is proposed to be located, as determined by the most recent certified tax appraisal roll for each county in which the property are located; 2) have exterior siding, roofing, roofing pitch, foundation fascia, and fenestration compatible with the sing -family dwellings located within 500 feet of the lot on which the industrialized housing is proposed to be located; 3) comply with municipal aesthetic standards, building setbacks, side and rear yard offsets, subdivision control, architectural landscaping, square footage, and other site requirements applicable to single-family dwellings; or 4) be securely fixed to a permanent foundation. The Administration is seeking a sixty (60) day moratorium to allow time to consider adoption of . these restrictions. However, it should be made clear that even if these restrictions are adopted, they probably will not prevent further modular housing in the Pine Island Bayou Estates neighborhood, as most, if not all, of these restrictions could be met. • 17 July 29, 2008 Consider approving a moratorium on the issuance of permits for the construction of any industrialized (modular) homes within the city limits of Beaumont for a period of sixty (60) days • 0 RICH WITH OPPORTUNITY BEA,11MONT• T - E - % - A - S TO: FROM: PREPARED BY: MEETING DATE: City Council Agenda Item City Council Kyle Hayes, City Manager Chris Boone, Community Development Director July 29, 2008 REQUESTED ACTION: Council consider a moratorium on the issuance of permits for the construction of any industrialized (modular) homes within the city limits of Beaumont for a period of sixty (60) days. RECOMMENDATION • Administration recommends approval of a moratorium on the issuance of permits for the construction of industrialized (modular) homes for sixty (60) days. BACKGROUND Recognizing that industrialized (modular) housing is significantly different from site -built homes and recognizing that the State of Texas allows some degree of regulation of such structures, the Administration, Planning Commission and City Council will consider regulation of such housing within the next sixty (60) days. BUDGETARY IMPACT None. 0 • ORDINANCE NO. ENTITLED AN ORDINANCE DECLARING A SIXTY (60) DAY MORATORIUM ON THE ISSUANCE OF PERMITS FOR THE CONSTRUCTION AND/OR ERECTION OF ANY INDUSTRIALIZED (MODULAR) SINGLE-FAMILY OR AND/OR TWO-FAMILY DWELLINGS WITHIN THE CITY LIMITS OF BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS, the City Council has determined that industrialized (modular) housing is significantly different from site -built structures such that the State of Texas allows cities to regulate them; and, WHEREAS, the City Council recognizes the need to ensure that industrialized (modular) housing should be compatible with surrounding residences with regard to value, design and foundation construction; and, • WHEREAS, Section 1202.253 of the Texas Occupations Code allows municipalities to regulate industrialized (modular) housing in this manner; and, WHEREAS, the City Council and Planning Commission seek to consider the enactment of such regulations on industrialized (modular) houses in the City of Beaumont within the next sixty (60) days; and, WHEREAS, in order to preserve the status quo pending further investigation of the possible regulation of industrialized (modular) housing, the City Council has determined that a moratorium should be imposed upon the issuance of permits for the construction and/or erection of single-family and two-family industrialized (modular) dwellings. 0 • NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: Section 1. That there be and is hereby imposed for a period of sixty (60) days from the effective date of this ordinance a moratorium upon the issuance of permits for the erection and/or construction of any single-family or two-family industrialized (modular) dwelling in the City of Beaumont. Section 2. That during said sixty (60) day period, the City Administration and Planning Commission shall work to develop and present to the City Council a proposed ordinance regulating such industrialized (modular) housing, which shall be presented to the City • Council in sufficient time that said ordinance, if adopted, may take effect prior to the expiration of said sixty (60) day period. Section 3. That all permits for industrialized (modular) housing issued by the City before the effective date of this ordinance shall be valid throughout the moratorium period. PASSED BY THE CITY COUNCIL of the City of Beaumont on this the 29th day of July, 2008. Mayor Becky Ames —