HomeMy WebLinkAboutPACKET OCT 05 1999 (02)•
City of Beaumont
BARBARA LIMING
CITY CLERK
CITY CLERK'S OFFICE
REGULAR MEETING OF THE CITY COUNCIL
COUNCIL CHAMBERS OCTOBER 5, 1999 1:30 P.M.
AGENDA
OPENING
* Invocation Pledge Roll Call
* Presentations and Recognition
* Public Comment: Persons may speak on scheduled agenda items (excluding 2-9)
* Consent Agenda
GENERAL BUSINESS
1 Consider approval of Fire Station 11 reassignment or a staffing plan for the fire
(, station located at 6375 Walden Road
2.' Consider a request for a zone change from RS (Residential Single Family Dwelling)
District to GC -MD (General Commercial -Multiple Family Dwelling) District
for property along the southwest right-of-way of Concord Road, north of Highway
105
3. Consider a request for a zone change from RS (Residential Single Family Dwelling)
District to GC -MD -2 (General Commercial -Multiple Family Dwelling -2) District
and a specific use permit to allow a federal credit union in the 2000 Block of
Dowlen Road
4. Consider a request for a zone change from RS (Residential Single Family Dwelling)
District to LI (Light Industrial) District for property located southeast of Fannett
Road and Brooks Road
5. Consider a request for a zone change from RS (Residential Single Family Dwelling)
District to GC -MD (General Commercial -Multiple Family Dwelling) District for
property located in the South Amelia Addition
6. Consider a request for a zone change from RM -H (Residential Multiple Family
Dwelling -Highest Density) District to C -M (Commercial-Munufacturing) District
for property located at 5350 Walden Road
7. Consider a request for a zone change from A -R (Agricultural -Residential) District
and RM -H (Residential Multiple Family Dwelling -Highest Density) District to
GC -MD (General Commercial -Multiple Family Dwelling) District and GC -MD -2
(General Commercial -Multiple Family Dwellinn 2) District for property located
at the northwest corner of Dowlen Road and the proposed Delaware Extension
�5 �8. Consider a request for a specific use permit to allow a funeral home in an RCR
(Residential Conservation and Revitalization) District for property located at
1685 Park at Craig
9. Consider a request for a specific use permit to allow a business office park on
property zoned GC -MD -2 (General Commercial -Multiple Family Dwelling -2)
District and RM -H (Residential Multiple Family Dwelling -Highest Density)
District for property located on Phelan Boulevard at Shakespeare Drive
10. Consider an appeal of a decision by the Historic Landmark Commission concerning
-0 a four foot high chain link fence in the front yard of a house in the Oaks Historic
District at 2425 Angelina
I1. Consider an ordinance repealing Article III of Chapter 29 of the Code of
Ordinances and enacting new taxicab regulations
Consider an ordinance requiring Entergy/Gulf States to book and suspense
revenues from the River Bend Nuclear Plant associated with the bankruptcy
W
of
Cajun Electric Co -Operative
a? 1 13. Consider a one year contract with Ny1Care for a Health Maintenance Organization
14. Consider a one year contract for medical stop loss insurance with Standard
Security Life Insurance Company of NewYork
3 c I 15. Consider a contract for excess workers' compensation insurance
3d:, 16. Consider a five-year financing agreement for the purchase of one standby
emergency generator
p 17. Consider authorizing an architectural services agreement with Architectural
Alliance, Inc. for the renovation of the old municipal court area located in the
Police Building
18. PUBLIC HEARING: 1695 Milam
Consider an ordinance declaring the structure at 1695 Milam to be a public
nuisance and ordering staff to take all steps necessary to abate the nuisance
COMMENTS
* Councilmembers comment on various matters
• * City Manager's Report
* Public Comment (Persons are limited to 3 minutes)
EXECUTIVE SESSION
* Executive Session in accordance with Section 555.071 of the Government Code
to discuss contemplated or pending litigation:
* Executive Session in accordance with Section 551.074 of the Government Code
to discuss the appointment, employment, evaluation, reassignment, duties,
discipline, or dismissal of a public officer: specifically the City Attorney and
City Clerk
Persons with disabilities who plan to attend this meeting and who may need auxiliary aids
or services are requested to contact Kyle Hayes at 880-3716 a day prior to the meeting.
•
1
October 5, 1999
Consider approval of Fire Station 11 reassignment or a staffing plan for the fire
station located at 6375 Walden Road
•
•
3-'Jj
IL
TO:
FROM:
PREPARED BY:
MEETING DATE:
City of Beaumont
Council Agenda Item
City Council
Stephen J. Bonczek, City Manager
Michel G. Bertrand, Fire Chief
October 5, 1999
AGENDA MEMO DATE: September 29, 1999
REQUESTED ACTION: Council approval of Fire Station 11 reassignment or a staffing plan
for the fire station located at 6375 Walden Road.
RECOMMENDATION ,�
Since 1997, fire administration has recommended redeploying the crew from Fire Station No. 11 at' /I_^n
� .�
2185 Sabine Pass to the Walden Road location. This remains the preferred option, amended to allow �-
for a ready reserve pumper to be placed at the Sabine Pass location and staffed with off-duty (��` ��✓
personnel in times of anticipated need. Should staffing be necessary, overtime expense will be
incurred. Additionally, this fire service area will be monitored and quarterly status reports will be
prepared by fire administration staff for Council review.
Based on Council's continued direction to retain fire service from the Sabine Pass location at minimal
or no additional cost, alternative recommendations were again studied. After a comprehensive review
of various options, the administration has provided the following alternative staffing plan for
Council's review. The alternative staffing plan involves utilization of personnel currently assigned to
the fire suppression division. Staffing shortages will require temporarily placing units out -of -service
and supplementation of staffing levels with overtime.
BACKGROUND
In 1990, the fire department became aware of deficiencies in response distance and time in the
southwest sector of the community. At that time, no action was taken to correct the deficiencies.
Subsequently, in 1996, an updated study was conducted to examine the fire protection needs within
this sector. The updated study found that serious deficiencies still exist.
To correct this inadequacy, the Insurance Services Office (I.S.O.), an independent rating
organization, recommended two options. The report received in September of 1996 recommended
Staffing Plan for Fire Station
September 13, 1999
Page 2
to either relocate one of the two engine company crews located at Fire Station No. 1 to a proposed
site in the vicinity of Interstate 10 -South and Walden Road, or to relocate the engine company crew
from Fire Station No. 11 to the same site.
By the time the I. S. O. report was received in September, 1996, an initiative was already underway
to consolidate the services provided by Engine 1 and Snorkel 1 at Fire Station No. 1. The purpose
of consolidating these two pieces of equipment was twofold. First, to replace an aging Snorkel unit.
Second, to provide a unit that could be kept in service 100% of the time. Due to staffing constraints,
Engine 1 was frequently placed out of service. On June 13, 1996, a purchase order was issued to
acquire a 100' aerial apparatus that could serve both as a pumper and/or ladder platform. The
department accepted delivery of Truck 1 and the resulting consolidation was implemented April 22,
1997. Consequently, the only recommended option remaining was to relocate the crew of Fire Station
No. 11.
On February 11, 1997, a presentation was made to Council establishing the need for three fire
stations. The presentation focused on the construction of the facilities and the need to adequately staff
the stations with existing personnel. Council authorized to execute an agreement for architectural
services on May 26, 1998. Council awarded the contract for construction of the three facilities to
Daniels Building & Construction on September 29, 1998. Target date for completion of construction
was scheduled for September 30, 1999.
In the period following the award of the construction contract, fire department staff began to prepare
for the implementation of the administrative recommendation, which was to redeploy the crew from
Fire Station No. 11 to the Walden Road site. As the time to make the redeployment approached,
public concern over the proposed changes emerged.
If Council were to consider and approve the original recommendation, which is to redeploy the Fire
Station 11 crew, staffing the Walden Road location would not require hiring additional personnel.
The strategy provides more balanced, uniform coverage for the entire community, greater efficiency
in operations, and is the most cost effective option.
Analysis of Alternative Staffing Plan
Currently, 47 personnel are required to fully staff all front-line equipment each day. Operating an
additional fire station would increase this number by 3 personnel, for a total of 50 personnel each day.
Policy under the previous administration had allowed multiple fire apparatus (pumper, aerial truck
and/or rescue unit, etc.) to be placed out -of -service, before overtime was authorized, to maintain
minimum staffing levels. However, since 1996, with consolidation of apparatus (detailed in
background) and an improved staffing policy, the practice of placing multiple apparatus out -of -service
has stopped.
0
1]
0
Staffing Plan for Fire Station
September 13, 1999
Page 3
To ensure firefighter safety and provide effective response, the preferred policy would be to maintain
full staffing on all front-line apparatus 100% of the time. However, due to the constraints of the
overtime budget, the full staffing level of 47 is allowed to drop to 45 before utilizing off-duty
personnel. Therefore, current policy directs holding over personnel to staff apparatus if levels fall
below the minimum gaffing level of 45 (two persons below full staffing). The minimum staffing level
allows for only one fire apparatus (usually Truck 4/Rescue 57, 7010 Gladys) to be temporarily taken
out -of -service, and its two person crew to be temporarily reassigned to maintain staffing of other
apparatus.
Operating an additional fire station facility, without an increase in personnel, places an increased
burden on the current minimum staffing level of 45. If this alternative is accepted, the minimum
staffing level should be increased to at least 47. While doing so would generate additional overtime
expense, it would ensure only one apparatus being out -of -service, at any time. If implemented, the
sequence of apparatus being taken out -of -service before minimum staffing levels are reached would
be as follows:
On -duty Number of Personnel Below Apparatus Taken Out -of -Service for''
Staffing Level Full Staffing PersonnelReassignment to other Apparatus
50 1 0 1 None
49
Truck 4/Rescue 57
48 1 2 1 Truck 4/Rescue 57
47
Engine 11
Engine 11 can only remain in service 100% of the time if minimum staffing levels do not drop below
48 personnel.
The City Manager and Fire Department staff met with representatives of Firefighters Local No. 399
September 30, 1999. The purpose of the meeting was to discuss reorganization initiatives and
advanced medical training opportunities. There was consensus that this proposed alternative staffing
plan has less impact on the operation of the fire service system than the previous alternative staffing
plan presented at the September 21, 1999 meeting.
The alternative staffing plan would require increasing the total number of Grade III (Captain)
positions by three, reducing the total number of Grade H positions by three, and maintaining the
current number of Grade I positions for FY2000. While it is perceived this plan may have somewhat
of a negative effect on the morale of the permanently assigned crews receiving temporary
reassignment, the overall impact of this reduced morale is uncertain.
•
Staffing Plan for Fire Station
September 13, 1999
Page 4
BUDGETARY IMPACT
The administrative recommendation will impact the budget through overtime expense only in times
of anticipated need for the ready reserve pumper to be staffed. Due to the uncertainty of this
contingency, there is no accurate way to forecast this expose. It is estimated at approximately $5,000
per year.
The alternative recommendation will include the additional cost of station, equipment, and apparatus
maintenance. It will also increase the total number of Captain positions by three. This will impact the
budget by an estimated $21,486 in FY2000. The budget will also be impacted if the minimum staffing
level is increased above 45 personnel. The range of possibilities and their costs are illustrated in the
following table:
* Average Salary paid per 24-hour overtime shift equals $707.
** Annual salary plus benefits of a grade I firefighter equals $48,580.
PREVIOUS ACTION
On February 11, 1997, a presentation was given to Council in workshop outlining the need for the
construction of three fire stations. The presentation focused on the location of the facilities and
utilization of existing personnel to staff the stations. Council unanimously approved architectural
services on May 26, 1998 and awarded the construction contract for three fire stations September
29, 1998. A presentation was given to Council on issues surrounding fire station locations and
strategic issues on September 7, 1999. Council considered various alternative proposals on
September 21, 1999. At this meeting, Council requested additional options. No formal action has
been considered by Council in reference to relocation and staffing requirements.
Estimated
Additional
Estimated
Estimated >
Overtime
Estimated
Staffing
Number of
Overtime
Expense to
Full -Time Equivalent
Level
On-duty
" Shifts per
Cost per
Maintain ''
Positions"
Maintained
Personnel
year
step*
Level
50
49
68
$48,076
$190,359
3.9
49
48
73
$51,611
$142,283
2.9
48
47
68.25
$48,253
$90,672
1.9
47
46
35.5
$25,098
$42,419
0.9
46
45
24.5
$17,321
$17,321
0.4
45
1 44
1 17
1 $12,019
------
0.25
* Average Salary paid per 24-hour overtime shift equals $707.
** Annual salary plus benefits of a grade I firefighter equals $48,580.
PREVIOUS ACTION
On February 11, 1997, a presentation was given to Council in workshop outlining the need for the
construction of three fire stations. The presentation focused on the location of the facilities and
utilization of existing personnel to staff the stations. Council unanimously approved architectural
services on May 26, 1998 and awarded the construction contract for three fire stations September
29, 1998. A presentation was given to Council on issues surrounding fire station locations and
strategic issues on September 7, 1999. Council considered various alternative proposals on
September 21, 1999. At this meeting, Council requested additional options. No formal action has
been considered by Council in reference to relocation and staffing requirements.
Staffing Plan for Fire Station.
September 13, 1999
Page 5
SUBSEQUENT ACTION
If the administrative recommendation is approved by Council, the crew from Fire Station No. 11
would be relocated from Sabine Pass to Walden Road. No other action would be required.
If the alternative recommendation is approved by Council, authorization for three Captain positions
would be required, as well as reduction of three Driver/Operator positions. Council should consider
adjusting the FY2000 budget to reflect the estimated $21,486 additional cost of station, apparatus,
and equipment maintenance and upgrades. Council should also consider changing the minimum
staffing policy, and, if applicable, authorize additional overtime funds to maintain adopted minimum
staffing levels.
RECOMMENDED BY
City Manager, Executive Assistant to the City Manager and Fire Chief
RECOMMENDED MOTION
Approve/Deny the administrative recommendation or an alternative to staff the fire station facility
located at 6375 Walden Road, while retaining the fire service at Fire Station No. 11.
•
C,
-CITY OF E -
Fittz & Shipman PLA"n
LRE—
INC
4
Consulting Engineers and Land Surveyors •
September 27, 1999
Being a 7.614 acre tract of land consisting of 5.513 acres in the Thomas Spear League, Abstract 50, and
2.101 acres of land in the W.E. Johnson Subdivision in the A. Duwe Survey, Abstract 459, as per map of
record in Volume 3, Page 212 of the Map Records of Jefferson County, Texas, all being located in
Beaumont, Jefferson County, Texas;
BEGINNING at the southeast corner of a 1.5 acre tract conveyed to Garland Steve Westmoreland as
described in Volume 636, Page 324 of the Deed Records of said County said corner being the northeast
corner of the Thomas C. Hogan and Margo Hoyt tract as recorded in Film File #104-94-2449 of the Deed
Records of said county, said point being 203.03 feet North 49° 33' 21" West of the intersection of the
southwest right-of-way line of Concord Road and the North right-of-way line of State Highway 105, said
point being the southeast corner of the tract herein described;
THENCE NORTH 500 30' 00" WEST along the northeasterly line of the tract herein described and along
the northeasterly line of said Westmoreland tract and also along the southwesterly line of Concord Road,
a distance of 386.21 feet to an iron rod found marking the north corner of said Westmoreland tract, and •
also being the most easterly corner of the John N. Eller 0.99 acre tract as described in Volume 937, Page
204 of the Deed Records of said County;
THENCE NORTH 490 51' 23" WEST along the northeasterly line of the tract herein described and along
the northeasterly line of said Eller tract and also along the southwesterly line of Concord Road, a
distance of 110.10 feet to an iron rod set marking the northeast corner of said Eller tract and the southeast
corner of the Levi Williford 0.335 acre tract as described in Volume 1080, Page 142 of the Deed Records
of said County, said corner being located in the southwesterly right of way line of Concord Road;
THENCE NORTH 490 51' 23" WEST along the southwesterly right of way line of Concord Road and
along the northeasterly line of said Williford tract, a distance of 91.45 feet to an iron rod found marking
the most northerly corner of the Williford tract and also being the most easterly corner of a 0.715 acre
tract conveyed to John Bankston by deed dated August 20, 1985 and recorded in Film File No. 101-14-
2537 of the Real Property Records of said County and described as Tract 2;
THENCE NORTH 490 49' 53" WEST continuing along the southwesterly right of way line of Concord
Road and along the northeasterly line of said Bankston 0.715 acre tract, a distance of 162.43 feet to an
iron pipe found marking the most northerly corner of the 0.715 acre tract and also being the most easterly
corner of a 0.493 acre tract conveyed to John Bankston by deed dated August 20, 1985 and recorded in
Film File No. 101-14-2537 of the Real Property Records of said County and described as Tract 1;
THENCE NORTH 490 39' 09" WEST continuing along the southwesterly right of way line of Concord
Road and along the northeasterly line of said Tract 1, a distance of 107.57 feet to an iron pipe found Is
marking the most northerly corner of said 0.493 acre Tract 1 and also being the most easterly corner of a
440 18u' Street, Suite A • Beaumont, Texas 77707 . (409) 832-7238 • fax (409) 832-7303
1.062 acre tract conveyed to Mrs. William J. Taylor by deed dated September 27, 1975 and recorded in •
Volume 1899, Page 369 of the Deed Records of said County;
THENCE NORTH 490 39' 09" WEST continuing along the southwesterly right of way line of Concord
Road and along the northeasterly line of said Taylor tract, a distance of 100.00' feet to an iron pipe found
marking the most northerly corner of said 1.062 acre Taylor tract and also being the most easterly corner
of a 1.8612 acre tract;
THENCE NORTH 500 23' 46" WEST continuing along the southwesterly right of way line of Concord
Road and along the northeasterly line of the tract herein described, passing at a distance of 235.62 feet an
iron rod set marking the southeasterly corner of 30 feet wide road easement consisting of 0.1202 acres,
and passing at a distance of 265.68 feet an iron rod set marking the northeasterly corner of said 30 feet
wide road easement, and continues for a total distance of 396.36 feet to an iron rod found set for angle
point in said line at its intersection with the east line of the A. Duwe Survey and the west line of the
Thomas Spear League and being the northeasterly corner of Lot 1 of said W. E. Johnson Subdivision;
THENCE NORTH 55° 43' 46" WEST continuing along the southwesterly right of way line of Concord
Road and along the northeasterly line of the tract herein described, also along the northeasterly line of
Lot 1, a distance of 86.57 feet to an iron rod found marking the northwesterly corner of Lot 1 and the
most easterly corner of Lot 2 of said W. E. Johnson Subdivision;
THENCE NORTH 58° 22' 11" WEST continuing along the southwesterly right of way line of Concord
Road and along the northeasterly line of the tract herein described, also along the northeasterly line of
Lot 2, a distance of 300.00 feet to an iron rod set marking the most northerly corner of the tract herein •
described and also being the most northerly comer of said Lot 2;
THENCE SOUTH 310 37' 49" WEST along the northwesterly line of the tract herein described and the
northwesterly line of said Lot 2, a distance of 200.00 feet to an iron rod set marking the most westerly
corner of the tract herein described, said corner being 200 feet perpendicular to the southwesterly right of
way line of Concord Road;
THENCE along a line parallel to and 200 feet southwest from the southwesterly right of way line of
Concord Road the following bearings and distances:
SOUTH 580
22'
11"
EAST a distance of 295.39 feet to a point;
SOUTH 550
43'
46"
EAST a distance of 72.65 feet to a point;
SOUTH 50°
23'
46"
EAST a distance of 385.75 feet to a point-,
SOUTH 490
39'
09"
EAST a distance of 206.58 feet to a point;
SOUTH 490
49'
53"
EAST a distance of 162.79 feet to a point;
SOUTH 490
51'
23"
EAST a distance of 91.49 feet to a point;
SOUTH 490
51'
23"
EAST a distance of 100.12 feet to a point located in the southeasterly line
of the aforementioned
John N. Eller 0.99 acre tract and in the southwesterly line of the Garland Steve
Westmoreland 1.5 acre tract;
THENCE SOUTH 430 00' 00" WEST along the northwesterly line of said 1.5 acre Westmoreland tract
and the southeast line of said 0.99 acre Eller tract, a distance of 135.65 feet to a corner, said point being
located in the north line of the 0.737 acre tract conveyed to William J. Travis by deed dated January 11,
1985 and recorded in Film File No. 100-88-2352 of the.Real Property Records of said County; •
•
9
THENCE EAST along the southernmost line of the tract herein described and the south line of the 1.5
acre Westmoreland tract, a distance of 527.09 feet to the PLACE OF BEGINNING and containing in •
area 7.614 acres of land, more or less.
•
�I
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File 1467-�: Request for a zone change from RS (Residential Single Family Dwelling) NORTH
to GC -MD (General Commercial - Multiple Family Dwelling) or a more restrictive �o —
commercial zone.
Location: Along the southwest right-of-way of Concord Road, north of Highway 105 SCALE
Applicant: Eastez Four, Ltd. 1"=200'
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SHOPPING CENTER
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9 ORDINANCE NO. •
ENTITLED AN ORDINANCE AMENDING CHAPTER 30 OF
THE CODE OF ORDINANCES OF BEAUMONT, TEXAS, AND
IN PARTICULAR THE BOUNDARIES OF THE ZONING
DISTRICTS, AS INDICATED UPON THE ZONING MAP OF
BEAUMONT, TEXAS, BY CHANGING THE ZONING OF
PROPERTY PRESENTLY ZONED RS (RESIDENTIAL
SINGLE FAMILY DWELLING) DISTRICT TO GC -MD
(GENERAL COMMERCIAL -MULTIPLE FAMILY DWELLING)
DISTRICT LOCATED ALONG THE SOUTHWEST RIGHT-OF-
WAY OF CONCORD ROAD, NORTH OF HIGHWAY 105,
BEAUMONT, JEFFERSON COUNTY, TEXAS; PROVIDING
FOR SEVERABILITY; PROVIDING FOR REPEAL AND
PROVIDING A PENALTY.
BE IT ORDAINED BY THE CITY OF BEAUMONT:
Section 1.
That Chapter 30 of the Code of Ordinances of Beaumont, Texas, and in particular
0 the boundaries of the zoning districts, as indicated upon the Zoning Map of the City of 0
Beaumont, referred to in Section 30-5B thereof, is hereby amended by changing the
zoning of property presently zoned RS (Residential Single Family Dwelling) District to GC -
MD (General Commercial -Multiple Family Dwelling) District located along the southwest
right-of-way of Concord Road, north of Highway 105, as described in Exhibit "A" and
shown on Exhibit "B" attached hereto and made a part hereof for all purposes, and the
official zoning map of the City of Beaumont is hereby amended to reflect such changes.
Section 2.
That, in all other respects, the use of the property hereinabove described shall be
subject to all of the applicable regulations contained in Chapter 30 of the Code of
Ordinances of Beaumont, Texas, as amended.
0 •
0 Section 3. •
That if any section, subsection, sentence, clause of phrase of this ordinance, or the
application of same to a particular set of persons or circumstances, should for any reason
be held to be invalid, such invalidity shall not affect the remaining portions of this
ordinance, and to such end, the various portions and provisions of this ordinance are
declared to be severable.
Section 4.
That all ordinances or parts of ordinances in conflict herewith are repealed to the
extent of the conflict only.
Section 5.
That any person who violates any provision of this ordinance shall, upon conviction,
be punished, as provided in Section 1-8 of the Code of Ordinances of Beaumont, Texas.
PASSED BY THE CITY COUNCIL of the City of Beaumont on this the day of
1999.
- Mayor -
•
0
2
October 5, 1999
Consider a request for a zone change from RS (Residential Single Family Dwelling)
District to GC -MD (General Commercial -Multiple Family Dwelling) District for
property along the southwest right-of-way of Concord Road, north of Highway 105
� 1 City of Beaumont
� c
Council Agenda Item
TO: City Council
FROM: Stephen J. Bonczek, City Manager
PREPARED BY: . Stephen C. Richardson, Planning Manager
MEETING DATE: October 5, 1999
AGENDA MENTO DATE: September 28, 1999
REQUESTED ACTION: Council consider a request for a zone change from RS (Residential
Single Family Dwelling) District to GC -MD (General Commercial -Multiple Family Dwelling)
District.
RECONLNIEIT'D ATION
The administration recommends approval of the zone change from RS (Residential Single Family
Dwelling) District to GC -MD (General Commercial -Multiple Family Dwelling) District.
BACKGROUND
Eastex Four, Ltd. owns 8.79 acres at the northeast corner of the Eastex Freeway and Hwy. 105.
This property is zoned GC -MD. A shopping center is planned for this property. Four adjacent
tracts adjacent to Concord Road are under contract and are to be included in this proposed
development.
BUDGETARY IMPACT
None
PREVIOUS ACTION
At a joint Public Hearing with City Council held September 20, 1999, the Planning Commission
voted 6-0 to approve the zone change.
SUBSEQUENT ACTION
None
0
RECOMMENDED BY
Planning Commission, City Manager and Planning Manager
RECOMMENDED MOTION
Approve/Deny a request for a zone change from RS (Residential Single Family Dwelling) District
to GC -MD (General Comm.rcial-Multiple Family Dwelling) District.
•
0
_ :�!'�.�.. „rte+ � „` ��X� •¢1�Ti :�'"N'' .. U � _ 4'j I ,.� ' I _. � a� _ � �
\ File 1467-Z: Request for a zone change from RS (Residential Single Family Dwelling) NORTH
to GC -MD (General Commercial -Multiple Family Dwelling) or a more restrictive �o —
commercial zone. -
Location: Along the southwest right-of-way of Concord Road, north of Highway 105 SCALE
Applicant: Eastez Four, Ltd. 1"-200'
M
d
Sao PROPOSED
SHOPPING CENTER
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CITY OF E.: _
Fittz & Shipman ptA"N
INC
Consulting Engineers and Land Surveyors
'r1r-
September 27, 1999
Being a 7.614 acre tract of land consisting of 5.513 acres in the Thomas Spear League, Abstract 50, and
2.101 acres of land in the W.E. Johnson Subdivision in the A. Duwe Survey, Abstract 459, as per map of
record in Volume 3, Page 212 of the Map Records of Jefferson County, Texas, all being located in
Beaumont, Jefferson County, Texas;
BEGINNING at the southeast corner of a 1.5 acre tract conveyed to Garland Steve Westmoreland as
described in Volume 636, Page 324 of the Deed Records of said County said corner being the northeast
comer of the Thomas C. Hogan and Margo Hoyt tract as recorded in Film File #104-94-2449 of the Deed
Records of said county, said point being 203.03 feet North 49° 33' 21" West of the intersection of the
southwest right-of-way line of Concord Road and the North right-of-way line of State Highway 105, said
point being the southeast corner of the tract herein described;
THENCE NORTH 500 30' 00" WEST along the northeasterly line of the tract herein described and along
the northeasterly line of said Westmoreland tract and also along the southwesterly line of Concord Road,
a distance of 386.21 feet to an iron rod found marking the north corner of said Westmoreland tract, and
also being the most easterly corner of the John N. Eller 0.99 acre tract as described in Volume 937, Page
204 of the Deed Records of said County;
THENCE NORTH 490 51' 23" WEST along the northeasterly line of the tract herein described and along
the northeasterly line of said Eller tract and also along the southwesterly line of Concord Road, a
distance of 110.10 feet to an iron rod set marking the northeast corner of said Eller tract and the southeast
corner of the Levi Williford 0.335 acre tract as described in Volume 1080, Page 112 of the Deed Records
of said County, said corner being located in the southwesterly right of way line of Concord Road;
THENCE NORTH 490 51' 23" WEST along the southwesterly right of way line of Concord Road and
along the northeasterly line of said Williford tract, a distance of 91.45 feet to an iron rod found marking
the most northerly corner of the Williford tract and also being the most easterly corner of a 0.715 acre
tract conveyed to John Bankston by deed dated August 20, 1985 and recorded in Film File No. 101-14-
2537 of the Real Property Records of said County and described as Tract 2;
THENCE NORTH 490 49' 53" WEST continuing along the southwesterly right of way line of Concord
Road and along the northeasterly line of said Bankston 0.715 acre tract, a distance of 162.43 feet to an
iron pipe found marking the most northerly corner of the 0.715 acre tract and also being the most easterly
corner of a 0.493 acre tract conveyed to John Bankston by deed dated August 20, 1985 and recorded in
Film File No. 101-14-2537 of the Real Property Records of said County and described as Tract 1;
THENCE NORTH 490 39' 09" WEST continuing along the southwesterly right of way line of Concord
Road and along the northeasterly line of said Tract 1, a distance of 107.57 feet to an iron pipe found
marking the most northerly corner of said 0.493 acre Tract 1 and also being the most easterly corner of a
440 18t�' Street, Suite A • Beaumont, Texas 77707 . (409) 832-7238 • fax (409) 832-7303
1.062 acre tract conveyed to Mrs. William J. Taylor by deed dated September 27, 1975 and recorded in
Volume 1899, Page 369 of the Deed Records of said County;
THENCE NORTH 490 39' 09" WEST continuing along the southwesterly right of way line of Concord
Road and along the northeasterly line of said Taylor tract, a distance of 100.00' feet to an iron pipe found
marking the most northerly corner of said 1.062 acre Taylor tract and also being the most easterly corner
of a 1.8612 acre tract;
THENCE NORTH 500 23' 46" WEST continuing along the southwesterly right of way line of Concord
Road and along the northeasterly line of the tract herein described, passing at a distance of 235.62 feet an
iron rod set marking the southeasterly corner of 30 feet wide road easement consisting of 0.1202 acres,
and passing at a distance of 265.68 feet an iron rod set marking the northeasterly corner of said 30 feet
wide road easement, and continues for a total distance of 396.36 feet to an iron rod found set for angle
point in said line at its intersection with the east line of the A. Duwe Survey and the west line of the
Thomas Spear League and being the northeasterly comer of Lot 1 of said W. E. Johnson Subdivision;
THENCE NORTH 550 43' 46" WEST continuing along the southwesterly right of way line of Concord
Road and along the northeasterly line of the tract herein described, also along the northeasterly line of
Lot 1, a distance of 86.57 feet to an iron rod found marking the northwesterly corner of Lot 1 and the
most easterly comer of Lot 2 of said W. E. Johnson Subdivision;
THENCE NORTH 580 22' 11" WEST continuing along the southwesterly right of way line of Concord
Road and along the northeasterly line of the tract herein described, also along the northeasterly line of
Lot 2, a distance of 300.00 feet to an iron rod set marking the most northerly corner of the tract herein
described and also being the most northerly corner of said Lot 2;
THENCE SOUTH 310 37' 49" WEST along the northwesterly line of the tract herein described and the
northwesterly line of said Lot 2, a distance of 200.00 feet to an iron rod set marking the most westerly
corner of the tract herein described, said corner being 200 feet perpendicular to the southwesterly right of
way line of Concord Road;
THENCE along a line parallel to and 200 feet southwest from the southwesterly right of way line of
Concord Road the following bearings and distances:
SOUTH 580
22'
11"
EAST a distance of 295.39 feet to a point;
SOUTH 550
43'
46"
EAST a distance of 72.65 feet to a point;
SOUTH 50°
23'
46"
EAST a distance of 385.75 feet to a point;
SOUTH 490
39'
09"
EAST a distance of 206.58 feet to a point;
SOUTH 490
49'
53"
EAST a distance of 162.79 feet to a point;
SOUTH 490
51'
23"
EAST a distance of 91.49 feet to a point;
SOUTH 490
51'
23"
EAST a distance of 100.12 feet to a point located in the southeasterly line
of the aforementioned John N. Eller 0.99 acre tract and in the southwesterly line of the Garland Steve
Westmoreland 1.5 acre tract;
THENCE SOUTH 430 00' 00" WEST along the northwesterly line of said 1.5 acre Westmoreland tract
and the southeast line of said 0.99 acre Eller tract, a distance of 135.65 feet to a corner, said point being
located in the north line of the 0.737 acre tract conveyed to William J. Travis by deed dated January 11,
1985 and recorded in Film File No. 100-88-2352 of the.Real Property Records of said County;
THENCE EAST along the southernmost linc of the tract herein described and the south line of the 1.5
acre Westmoreland tract, a distance of 527.09 feet to the PLACE OF BEGINNING and containing in
area 7.614 acres of land, more or less.
•
0
•
•
•
3
October 5, 1999
Consider a request for a zone change from RS (Residential Single Family Dwelling)
District to GC -MD -2 (General Commercial -Multiple Family Dwelling -2) District
and a specific use permit to allow a federal credit union in the 2000 Block of Dowlen
Road
ORDINANCE NO. •
ENTITLED AN ORDINANCE AMENDING CHAPTER 30 OF
THE CODE OF ORDINANCES OF BEAUMONT, TEXAS, AND
IN PARTICULAR THE BOUNDARIES OF THE ZONING
DISTRICTS, AS INDICATED UPON THE ZONING MAP OF
BEAUMONT, TEXAS, BY CHANGING THE ZONING OF
PROPERTY PRESENTLY ZONED RS (RESIDENTIAL
SINGLE FAMILY DWELLING) DISTRICT TO GC -MD -2
(GENERAL COMMERCIAL -MULTIPLE FAMILY DWELLING -2)
DISTRICT LOCATED IN THE 2000 BLOCK OF DOWLEN
ROAD, BEAUMONT, JEFFERSON COUNTY, TEXAS;
PROVIDING FOR SEVERABILITY; PROVIDING FOR
REPEAL AND PROVIDING A PENALTY.
BE IT ORDAINED BY THE CITY OF BEAUMONT:
Section 1.
That Chapter 30 of the Code of Ordinances of Beaumont, Texas, and in particular
0 the boundaries of the zoning districts, as indicated upon the Zoning Map of the City of •
Beaumont, referred to in Section 30-5B thereof, is hereby amended by changing the
zoning of property presently zoned as RS (Residential Single Family Dwelling) District to
GC -MD -2 (General Commercial -Multiple Family Dwelling -2) located in the 2000 Block of
Dowlen Road, as shown on Exhibits "A" and "B" attached hereto and made a part hereof
for all purposes, and the official zoning map of the City of Beaumont is hereby amended
to reflect such changes.
Section 3.
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
0 •
ordinance, and to such end, the various portions and provisions of this ordinance are i
declared to be severable.
Section 4.
That all ordinances or parts of ordinances in conflict herewith are repealed to the
extent of the conflict only.
Section 5.
That any person who violates any provision of this ordinance shall, upon conviction,
be punished, as provided in Section 1-8 of the Code of Ordinances of Beaumont, Texas.
PASSED BY THE CITY COUNCIL of the City of Beaumont on this the day
of , 1999.
t
•
- Mayor -
E
0
LEGAL DESCRIPTION FOR ORDINANCE PURPOSES
TRACT 1
BEING A DESCRIPTION of a 2.7131 acre (118,183 sq. ft.) tract of land out of the
Hezekiah Williams League, Abstract No. 56 located in Beaumont, Jefferson County, Texas.
ALL THAT CERTAIN tract or parcel of land being out and a part of that certain 9.9406
acre tract conveyed by Amoco Production Company to WTL Development, Inc. as recorded
under County Clerk's File No. 1999016905 of the Official Public Records of Real Property,
Jefferson County, Texas, said tract being more fully bounded and described as follows:
BEGINNING at a Amoco monument found marking the southeast corner of the herein
described tract, said corner being: i) in the westerly line of Dowlen Road, a 100 foot (100')
wide street right-of-way; ii) the northeast corner of Lot 22 in Dowlen Plaza, a subdivision,
plat of which appears in Volume 14, Page 225 of the Map Records of Jefferson County,
Texas; and iii) the most easterly southeast corner of the aforesaid 9.9406 acre tract;
THENCE with the north he of Lots 20-22 of Dowlen Plaza and the south line of the herein
described tract, South 86 degrees 30 minutes 57 seconds West (S 86'30'57" W) for a distance
of 309.70 feet (309.70') to a point for corner in the north line of said Lot 20, Dowlen Plaza
marking the southwest corner of the herein described tract;
THENCE with the west line of the herein described tract, North 03 degrees 32 minutes 35
seconds East (N 03 ° 32'35" E) fora distance of 430.17 feet (430.17') to a point for corner
in the northerly line of said 9.9406 acre WTL Development tract, said corner being in the
southerly line of Dowlen Green, Unit 1, plat of which appears in Volume 2, Page 180 of the
Condominium Records of Jefferson County, Texas, and also marking the northwest corner
of the herein described tract;
THENCE WITH the southerly line of said Dowlen Green, Unit 1, the northerly line of
said9.9406 acre WTL Development tract, and the northerly line of the herein described tract,
South 72 degrees 40 minutes 25 seconds East (S 72° 40'25" E) for a distance of 351.95 feet
(351.95') to a Amoco monument found marking the most easterly northeast corner of said
9.9406 acre tract, the southeast corner of said Dowlen Green, Unit 1, and the northeast
corner of the herein described tract, said corner being in the westerly right-of-way line of
Dowlen Road and a curve to the left having a central angle of 14 degrees 51 minutes 35
seconds (14051'35"), a radius of 1,200.00 feet (1200.00'), and a long chord of 310.35 feet
(310.35') which bears South 09 degrees 54 minutes 55 seconds West (S 09054'55" W);
THENCE with the most easterly line of said 9.9406 acre WTL Development tract, the
westerly right-of-way line of Dowlen Road, and the easterly line of the herein described tract,
along said curve to the left for an arc distance of 311.22 feet (311.22') to the PLACE OF
BEGINNING.
CONTAINING IN AREA 2.7131 acres (118,183 sq. ft.) of land, more or less.
•
0
u
•
•
EU 471_ JP: Request for a zone change from RS (Residential Single Family
Dwelling) to RM -H (Residential Multiple Family Dwelling - High Density) and GC -
MD -2 with a specific use permit for a credit union (total of 9.9406 acres)
Location: 2000 block of Dowlen Rcad
Applicant: Carroll & Blackman, Inc. for WTL Development, Inc.
A -R.
!D' JO•,
i �.s
•
NORTH
SCALE
1"-200'
. •�' y , rte'
RS TO\RRM-H
7.2275 ACRES \
RS TOIN
• /.
S U BJ ECTGC-MD-2 (SUP)
2.71 3 1 ACRES
. 20
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Gam"'..` '�,:� t ° r. ..,.� ..:,�'; '±�... - .. :. • .at �t �o.i�
Ort 1 PLACE
. t`' r� ~ t� yet` �• 1 •
J ++. '~ � ` S• :\rte' ...•.�r���• `+s',;, 0 Q2
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2 Q sit 2. 3a4 73
La u
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0 ORDINANCE NO. •
ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE
PERMIT TO ALLOW A FEDERAL CREDIT UNION IN A GC -
MD -2 (GENERAL COMMERCIAL -MULTIPLE FAMILY
DWELLING -2) DISTRICT LOCATED IN THE 2000 BLOCK OF
DOWLEN ROAD, 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 Carroll & Blackman, Inc. For WTL Development, Inc. to allow a federal credit
union in a GC -MD -2 (General Commercial -Multiple Family Dwelling -2) District located in
the 2000 block of Dowlen Road, as described in Exhibits "A" and 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, subject to the .
hereinafter described conditions;
NOW, THEREFORE, BE IT ORDAINED BY THE
CITY OF BEAUMONT:
Section 1.
That all conditions necessary for issuance of a specific use permit have been met
and a specific use permit to allow a federal credit union in a GC -MD -2 (General
Commercial -Multiple Family Dwelling -2) District located in the 2000 block of Dowlen Road,
as described in Exhibits "A" and "B" attached hereto, is hereby granted to Carroll &
Blackman, Inc. For WTL Development, Inc., its legal representatives, successors and
assigns for that certain tract as described in Exhibits "A" and "B" attached hereto and made
a part hereof for all purposes. •
Section 2.
That the specific use permit herein granted is expressly issued for and in
accordance with each particular and detail of the site plan attached hereto as Exhibit "C"
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.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the day of
, 1999.
0
0 - Mayor - •
LEGAL DESCRIPTION FOR ORDINANCE PURPOSES
0
TRACT 1
BEING A DESCRIPTION of a 2.7131 acre (118,183 sq. ft.) tract of land out of the
Hezekiah Williams League, Abstract No. 56 located in Beaumont, Jefferson County, Texas.
ALL THAT CERTAIN tract or parcel of land being out and a part of that certain 9.9406
acre tract conveyed by Amoco Production Company to WTL Development, Inc. as recorded
under County Clerk's File No. 1999016905 of the Official Public Records of Real Property,
Jefferson County, Texas, said tract being more fully bounded and described as follows:
BEGINNING at a Amoco monument found marking the southeast corner of the herein
described tract, said corner being: i) in the westerly line of Dowlen Road, a 100 foot (100')
wide street right-of-way; ii) the northeast corner of Lot 22 in Dowlen Plaza, a subdivision,
plat of which appears in Volume 14, Page 225 of the Map Records of Jefferson County,
Texas; and iii) the most easterly southeast comer of the aforesaid 9.9406 acre tract;
THENCE with the north he of Lots 20-22 of Dowlen Plaza and the south line of the herein
described tract, South 86 degrees 30 minutes 57 seconds West (S 86'30'57" W) for a distance
of 309.70 feet (309.70') to a point for corner in the north line of said Lot 20, Dowlen Plaza
marking the southwest corner of the herein described tract;
THENCE with the west line of the herein described tract, North 03 degrees 32 minutes 35
seconds East (N 03' 32'35" E) fora distance of 430.17 feet (430.17') to a point for corner
in the northerly line of said 9.9406 acre WTL Development tract, said corner being in the
southerly line of Dowlen Green, Unit 1, plat of which appears in Volume 2, Page 180 of the
Condominium Records of Jefferson County, Texas, and also marking the northwest corner
of the herein described tract;
THENCE WITH the southerly line of said Dowlen Green, Unit 1, the northerly line of
said9.9406 acre WTL Development tract, and the northerly line of the herein described tract,
South 72 degrees 40 minutes 25 seconds East (S 72° 40'25" E) for a distance of 351.95 feet
(351.95') to a Amoco monument found marking the most easterly northeast corner of said
9.9406 acre tract, the southeast corner of said Dowlen Green, Unit 1, and the northeast
corner of the herein described tract, said corner being in the westerly right-of-way line of
Dowlen Road and a curve to the left having a central angle of 14 degrees 51 minutes 35
seconds (14°51'35"), a radius of 1,200.00 feet (1200.00'), and a long chord of 310.35 feet
(310.35') which bears South 09 degrees 54 minutes 55 seconds West (S 09054'55" W);
THENCE with the most easterly line of said 9.9406 acre WTL Development tract, the
westerly right-of-way line of Dowlen Road, and the easterly line of the herein described tract,
along said curve to the left for an arc distance of 311.22 feet (311.22') to the PLACE OF
BEGINNING. •
CONTAINING IN AREA 2.7131 acres (118,183 sq. ft.) of land, more or less.
EXHIBIT "A"
� 9
E
FILA1471-ZIP: Request fora zone change from RS (Residential Single Family NORTH
Dwelling) to RM -H (Residential Multiple Family Dwelling - High Density) and GC -
MD -2 with a specific use permit for a credit union (total of 9.9406 acres)
Location: 2000 block of Dowler. Road SCALE
Applicant: Carroll & Blackman, Inc. for WTL Development, Inc. V-200'
A -R-
-1S -J1'-.'
R -S
.7
E
UA
RM�H�
RS TO RM -H K /
7.2275 ACRES
\C\�\ \\\
INS
SUBJECT GC -MD -2 (SUP)
2.7 13 I ACRES
1 . � ` t •.yp,. ti: X100. i. _.Ipo'e' t'• .!!0
' •r)/�.*i ...�. .�. �,\���•. �'�+ l- � �. �••.. may. q7;
•�'�' '�I7 .. _�••. i �N� I � 1 ' �•' -' 1� •.r. �} •� � .'1'. fes: M- •
,`�—r_i.�i .S}•��'tT f• �� V. ry.•�1�� .-....�.� ` ;Ole R �D.�!
'��' . •l� ;� �1a•.4. �'�,� •a Wit' 4 ,� . ,,,�, �._ � „
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-7 6
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EXHIBIT "C"
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EXHIBIT "C"
BEAUMONT, TEXAS
TO:
FROM:
PREPARED BY:
MEETING DATE:
City of Beaumont
Council Agenda Item
City Council
Stephen J. Bonczek, City Manager
Stephen C. Richardson, Planning Manager
October 5, 1999
AGENDA MEMO DATE: September 28, 1999
REQUESTED ACTION: Council consider a request for a zone change from RS (Residential
Single Family Dwelling) District to GC -MD -2 (General Commercial -Multiple Family Dwelling -2)
District and a specific use permit to allow a federal credit union.
RECOMMENDATION
The administration recommends approval of the zone change from RS to GC -MD -2 and a specific
use permit to allow a federal credit union in the 2000 Block of Dowlen Road.
BACKGROUND
Bill Little, the applicant, wants to rezone 2.713 acres of property on Dowlen Road to GC -MD -2
and to receive a specific use permit to allow a federal credit union. Telco Federal Credit Union
wants to construct a 5,000 sq. ft. building with plans for a future expansion.
BUDGETARY IMPACT
None
PREVIOUS ACTION
At a joint Public Hearing with City Council held September 20, 1999, the Planning Commission
voted 4-1 to approve the zone change and the specific use permit.
SUBSEQUENT ACTION
None
RECOMMENDED BY
Planning Commission, City Manager and Planning Manager
RECOMMENDED MOTION
Approve/Deny a request for a zone change from RS (Residential Single Family Dwelling) District
to GC -MD -2 (General Commercial -Multiple Family Dwelling -2) District and a specific use permit
to allow a federal credit union.
11
•
LEGAL DESCRIPTION FOR ORDINANCE PURPOSES
TRACT 1
BEING A DESCRIPTION of a 2.7131 acre (118,183 sq. ft.) tract of land out of the
Hezekiah Williams League, Abstract No. 56 located in Beaumont, Jefferson County, Texas.
ALL THAT CERTAIN tract or parcel of land being out and a part of that certain 9.9406
acre tract conveyed by Amoco Production Company to WTL Development, Inc. as recorded
under County Clerk's File No. 1999016905 of the Official Public Records of Real Property,
Jefferson County, Texas, said tract being more fully bounded and described as follows:
BEGINNING at a Amoco monument found marking the southeast corner of the herein
described tract, said corner being: i) in the westerly line of Dowlen Road, a 100 foot (100')
wide street right-of-way; ii) the northeast corner of Lot 22 in Dowlen Plaza, a subdivision,
plat of which appears in Volume 14, Page 225 of the Map Records of Jefferson County,
Texas; and iii) the most easterly southeast corner of the aforesaid 9.9406 acre tract;
THENCE with the north line of Lots 20-22 of Dowlen Plaza and the south line of the herein
described tract, South 86 degrees 30 minutes 57 seconds West (S 86'30'57" W) for a distance
of 309.70 feet (309.70') to a point for corner in the north line of said Lot 20, Dowlen Plaza
marking the southwest corner of the herein described tract;
THENCE with the west fine of the herein described tract, North 03 degrees 32 minutes 35
seconds East (N 03* 3235" E) fora distance of 430.17 feet (430.17') to a point for corner
in the northerly line of said 9.9406 acre WTL Development tract, said corner being in the
southerly line of Dowlen Green, Unit 1, plat of which appears in Volume 2, Page 180 of the
Condominium Records of Jefferson County, Texas, and also marking the northwest corner
of the herein described tract;
THENCE WIM the southerly line of said Dowlen Green, Unit 1, the northerly line of
said9.9406 acre WTL Development tract, and the northerly line of the herein described tract,
South 72 degrees 40 minutes 25 seconds East (S 72° 40'25" E) for a distance of 351.95 feet
(351.95') to a Amoco monument found marking the most easterly northeast corner of said
9.9406 acre tract, the southeast corner of said Dowlen Green, Unit 1, and the northeast
corner of the herein described tract, said corner being in the westerly right-of-way line of
Dowlen Road and a curve to the left having a central angle of 14 degrees 51 minutes 35
seconds (14°51'35"), a radius of 1,200.00 feet (1200.00'), and a long chord of 310.35 feet
(310.35') which bears South 09 degrees 54 minutes 55 seconds West (S 09054'55" W);
THENCE with the most easterly line of said 9.9406 acre WTL Development tract, the
westerly right-of-way line of Dowlen Road, and the easterly line of the herein described tract,
along said curve to the left for an arc distance of 311.22 feet (311.22) to the PLACE OF
BEGINNING.
• CONTAINING IN AREA 2.7131 acres (118,183 sq. ft.) of land, more or less.
10
1.0
i
FILE 1471-Z/p: Request for a zone change from RS (Residential Single Family NORTH
Dwelling) to GC -MD -2 with a specific use permit for a credit union (total of 2.7131
acres) A I
Location: 2000 block of Dowlen Road SCALE
Applicant: Carroll & Blackman, Inc. for WTL Development, Inc. 1"=200'
A�R
fs- J0 -t
R -s
•
a]
. i
RS TO
GC -MD -2 (SUP)
2.7131 ACRES
SUBJECT
,.s:- ;� � ='M'� • _ '• • � r.. 'w0. •C.. . wo . ' .,,o /
141v p\ •
~•R x.36
OWPLAC
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ItN 110.q 110. to O +C _
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WINDSOR PARKWAYS O
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RS TO
GC -MD -2 (SUP)
2.7131 ACRES
SUBJECT
,.s:- ;� � ='M'� • _ '• • � r.. 'w0. •C.. . wo . ' .,,o /
141v p\ •
~•R x.36
OWPLAC
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F1
October 5, 1999
Consider a request for a zone change from RS (Residential Single Family Dwelling)
District to LI (Light Industrial) District for property located southeast of Fannett
Road and Brooks Road
ORDINANCE N0.
ENTITLED AN ORDINANCE AMENDING CHAPTER 30 OF
THE CODE OF ORDINANCES OF BEAUMONT, TEXAS, AND
IN PARTICULAR THE BOUNDARIES OF THE ZONING
DISTRICTS, AS INDICATED UPON THE ZONING MAP OF
BEAUMONT, TEXAS, BY CHANGING THE ZONING OF
PROPERTY PRESENTLY ZONED RS (RESIDENTIAL
SINGLE FAMILY DWELLING) TO LI (LIGHT INDUSTRIAL)
LOCATED SOUTHEAST OF FANNETT ROAD (SH 124) AND
BROOKS ROAD, BEAUMONT, JEFFERSON COUNTY,
TEXAS; PROVIDING FOR SEVERABILITY; PROVIDING FOR
REPEAL AND PROVIDING A PENALTY.
BE IT ORDAINED BY THE CITY OF BEAUMONT:
Section 1.
That Chapter 30 of the Code of Ordinances of Beaumont, Texas, and in particular
the boundaries of the zoning districts, as indicated upon the Zoning Map of the City of
Beaumont, referred to in Section 30-5B thereof, is hereby amended by changing the
zoning of property presently zoned as RS (Residential Single Family Dwelling) to LI (Light
Industrial) located southeast of Fannett Road (SH 124) and Brooks Road, as shown on
Exhibit "A" attached hereto, being Lots 59 and 60, Unit "D" Tyrrell Park Addition,
Beaumont, Jefferson County, Texas, containing 7.8 acres of land, more or less, and made
a part hereof for all purposes, and the official zoning map of the City of Beaumont is
hereby amended to reflect such changes.
Section 2.
That, in all other respects, the use of the property hereinabove described shall be
subject to all of the applicable regulations contained in Chapter 30 of the Code of
0 Ordinances of Beaumont, Texas, as amended. 0
Section 3.
That if any section, subsection, sentence, clause of phrase of this ordinance, or the
application of same to a particular set of persons or circumstances, should for any reason
be held to be invalid, such invalidity shall not affect the remaining portions of this
ordinance, and to such end, the various portions and provisions of this ordinance are
declared to be severable.
Section 4.
That all ordinances or parts of ordinances in conflict herewith are repealed to the
extent of the conflict only.
Section 5.
That any person who violates any provision of this ordinance shall, upon conviction,
be punished, as provided in Section 1-8 of the Code of Ordinances of Beaumont, Texas
PASSED BY THE CITY COUNCIL of the City of Beaumont on this the — day of
1999.
- Mayor -
i
A
FR. •• 1146: Request for a zone change from RS (Residential Single Family
Dwelling) to LI (Light Industrial).
Location: Southeast of Fannett Road (SH 124) and Brooks Road.
Applicant: Norris E. Washington
�-
LI
vp
1\
UNDEVELOPED
�0 d-
o �o
J
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NORTH
A
SCALE
N.T.S.
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0
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A
• � City of Beaumont
Council Agenda Item
TO: City Council
FROM: Stephen J. Bonczek, City Manager
PREPARED BY: Stephen C. Richardson, Planning Manager
MEETING DATE: October 5, 1999
AGENDA MEMO DATE: September 27, 1999
REQUESTED ACTION: Council consider a request for a zone change from RS (Residential
Single Family Dwelling) District to LI (Light Industrial) District.
RECOMMENDATION
The administration recommends approval of the zone change from RS (Residential Single FamilN
Dwelling) District to LI (Light Industrial) District.
BACKGROUND
Mr. Norris Washington, General Manager of Zamco Transport, wants to relocate his truck
transportation company to the subject property on Fannett Road. The move would allow Mr.
Washington to expand his business. This property was chosen due to its proximity to I-10.
BUDGETARY IMPACT
None
PREVIOUS ACTION
At a joint Public Hearing with City Council held September 20, 1999, the Planning Commission
voted 6-0 to approve the zone change.
SUBSEQUENT ACTION
None
RECOMMENDED BY
Planning Commission, City Manager and Planning Manager
RECOMMENDED MOTION
Approve/Deny a request for a zone change from RS (Residential Single Family Dwelling) District
to LI (Light Industrial) District.
E
Fns 1�: Request for a zone change from RS (Residential Single Family
Dwelling) to LI (Light Industrial).
Location: Southeast of Fannett Road (SH 124) and Brooks Road.
Applicant: Norris E. Washington
UNDEVELOPED
\�
NORTH
SCALE
N.T.S.
00or <<
L
H
LEGAL DESCRIPTION FOR ORDINANCE PURPOSES
59 an 60 "D" Tyrrell Park Addition Beaumont Jefferson Count Texas
Lots d , Unit yrr y, ,
containing 7.8 acres, more or less.
0
•
u
F -I
L___j
5
October 5, 1999
Consider a request for a zone change from RS (Residential Single Family Dwelling)
District to GC -MD (General Commercial -Multiple Family Dwelling) District for
property located in the South Amelia Addition
ORDINANCE NO.
ENTITLED AN ORDINANCE AMENDING CHAPTER 30 OF •
THE CODE OF ORDINANCES OF BEAUMONT, TEXAS, AND
IN PARTICULAR THE BOUNDARIES OF THE ZONING
DISTRICTS, AS INDICATED UPON THE ZONING MAP OF
BEAUMONT, TEXAS, BY CHANGING THE ZONING OF
PROPERTY PRESENTLY ZONED RS (RESIDENTIAL
SINGLE FAMILY DWELLING) DISTRICT TO GC -MD
(GENERAL COMMERCIAL -MULTIPLE FAMILY DWELLING)
DISTRICT LOCATED AT NORTHWEST CORNER OF
WALDEN ROAD AND MAJOR DRIVE IN BEAUMONT,
JEFFERSON COUNTY, TEXAS; PROVIDING FOR
SEVERABILITY; PROVIDING FOR REPEAL AND
PROVIDING A PENALTY.
BE IT ORDAINED BY THE CITY OF BEAUMONT:
Section 1.
That Chapter 30 of the Code of Ordinances of Beaumont, Texas, and in particular
the boundaries of the zoning districts, as indicated upon the Zoning Map of the City of •
Beaumont, referred to in Section 30-5B thereof, is hereby amended by changing the
zoning of property presently zoned as RS (Residential Single Family Dwelling) District to
GC -MD (General Commercial -Multiple Family Dwelling) District located at northwest corner
of Walden Road and Major Drive, being the remainder of Lots 17 and 18, and all of Lots
14, 15 and 16, Block 3, South Amelia Addition, Beaumont, Jefferson County, Texas,
containing 1.26 acres of land, more or less, as shown on Exhibit "A" attached hereto and
made a part hereof for all purposes, and the official zoning map of the City of Beaumont
is hereby amended to reflect such changes.
Section 2.
That, in all other respects, the use of the property hereinabove described shall be
subject to all of the applicable regulations contained in Chapter 30 of the Code of
Ordinances of Beaumont, Texas, as amended.
Section 3.
That if any section, subsection, sentence, clause of phrase of this ordinance, or the
application of same to a particular set of persons or circumstances, should for any reason
be held to be invalid, such invalidity shall not affect the remaining portions of this
ordinance, and to such end, the various portions and provisions of this ordinance are
declared to be severable.
Section 4.
That all ordinances or parts of ordinances in conflict herewith are repealed to the
extent of the conflict only.
Section 5.
That any person who violates any provision of this ordinance shall, upon conviction,
be punished, as provided in Section 1-8 of the Code of Ordinances of Beaumont, Texas.
PASSED BY THE CITY COUNCIL of the City of Beaumont on this the day of
, 1996.
- Mayor -
Ej
:•...
LI
FILE 1470-Z: Request for a zone change from RS (Residential Single Family NORTH
Dwelling) to GC -MD (General Commercial - Multiple Family Dwelling) or a more -
restrictive commercial district.
Location: Northwest corner of Walden Road and Major Drive SCALE •
Applicant: Sam Parigi, Jr.
1"-200I
SUBJECT
F r R E S
Ob. ' M•s t .': vx v l
WALDEN ROAD
.►o .r.. .. - f e A a ea
AO
CORP. LIMITS
1
CORP. LIMMS
� - t
i
GC�MD-
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112 �z G Mok
7- log
1
voftw
• City of Beaumont
�
il1J Council Agenda Item
TO: City Council
FROM: Stephen J. Bonczek, City Manager
PREPARED BY: Stephen C. Richardson, Planning Manager
MEETING DATE: October 5, 1999
AGENDA MEMO DATE: September 27, 1999
REQUESTED ACTION: Council consider a request for a zone change from RS (Residential
Single Family Dwelling) District to GC -MD (General Commercial -Multiple Family Dwelling)
District.
RECO EMENDATION
The administration recommends approval of the zone change from RS to GC -MD at the northwest
corner of Major Drive and Walden Road.
BACKGROUND
The applicant wants to rezone five platted lots in the South Amelia Addition to GC -MD. The
property is vacant. The Comprehensive Plan designates the intersection of Walden and Major as
an "activity center". Zoning on the east side of Major Drive, north and south of Walden Road,
is zoned GC -MD.
BUDGETARY IMPACT
None
PREVIOUS ACTION
At a joint Public Hearing with City Council held September 20, 1999, the Planning Commission
voted 6-0 to approve the zone change.
SUBSEQUENT ACTION
None
0
RECOMMENDED BY
is Planning Commission, City Manager and Planning Manager
RECOMMENDED MOTION
Approve/Deny a request for a zone change from RS (Residential Single Family Dwelling) District
to GC -MD (General Commercial -Multiple Family Dwelling) District on the northwest corner of
Walden Road and Major Drive.
•
,�.'di'�`i
LEGAL DESCRIPTION FOR ORDINANCE PURPOSES
Remainder of Lots 17 and 18, and all of Lots 14, 15 and 16, Block 3, South Amelia
Addition, Beaumont, Jefferson County, Texas, containing, 1.26 acres, more or less.
•
FILE 1470-Z: Request for a zone change from RS (Residential Single Family NORTH
Dwelling) to GC -MD (General Commercial - Multiple Family Dwelling) or a more A restrictive commercial district.
Location: Northwest corner of Walden Road and Major Drive SCALE
Applicant: Sam Parigi, Jr„ 1"-200'
I SUBJECT
U
RR�S-
��WALDEN
r A �' R S
mob• � 'mss t : -rary 1
ROAD
..Wr-- �rN .�' • tt Co J
AO
CORP. UMMS
4
CORP. UMMS
AN'
a
c C wdk..
L
u
October 5, 1999
Consider a request for a zone change from RM -H (Residential Multiple Family
Dwelling -Highest Density) District to C -M (Commercial -Manufacturing) District for
property located at 5350 Walden Road
•
•
ORDINANCE NO. •
ENTITLED AN ORDINANCE AMENDING CHAPTER 30 OF
THE CODE OF ORDINANCES OF BEAUMONT, TEXAS, AND
IN PARTICULAR THE BOUNDARIES OF THE ZONING
DISTRICTS, AS INDICATED UPON THE ZONING MAP OF
BEAUMONT, TEXAS, BY CHANGING THE ZONING OF
PROPERTY PRESENTLY ZONED RM -H (RESIDENTIAL
MULTIPLE FAMILY DWELLING -HIGHEST DENSITY)
DISTRICT TO C -M (COMMERCIAL -MANUFACTURING)
DISTRICT LOCATED AT 5350 WALDEN ROAD IN
BEAUMONT, JEFFERSON COUNTY, TEXAS; PROVIDING
FOR SEVERABILITY; PROVIDING FOR REPEAL AND
PROVIDING A PENALTY.
BE IT ORDAINED BY THE CITY OF BEAUMONT:
Section 1.
That Chapter 30 of the Code of Ordinances of Beaumont, Texas, and in particular
the boundaries of the zoning districts, as indicated upon the Zoning Map of the City of
Beaumont, referred to in Section 30-56 thereof, is hereby amended by changing the
zoning of property presently zoned as RM -H (Residential Multiple Family Dwelling -Highest
Density) District to C -M (Commercial -Manufacturing) District located at 5350 Walden
Road, being Tax Tract No. 37, Plat B-19, S. Stivers Survey, Ab -51, Beaumont, Jefferson
County, Texas, containing 4.2 acres of land, more or less, as shown on Exhibit "A"
attached hereto and made a part hereof for all purposes, and the official zoning map of the
City of Beaumont is hereby amended to reflect such changes.
Section
0
That, in all other respects, the use of the property hereinabove described shall be
subject to all of the applicable regulations contained in Chapter 30 of the Code of
Ordinances of Beaumont, Texas, as amended.
Section 3.
That if any section, subsection, sentence, clause of phrase of this ordinance, or the
application of same to a particular set of persons or circumstances, should for any reason
be held to be invalid, such invalidity shall not affect the remaining portions of this
ordinance, and to such end, the various portions and provisions of this ordinance are
declared to be severable.
Section 4.
That all ordinances or parts of ordinances in conflict herewith are repealed to the
extent of the conflict only.
Section 5.
That any person who violates any provision of this ordinance shall, upon conviction,
be punished, as provided in Section 1-8 of the Code of Ordinances of Beaumont, Texas.
PASSED BY THE CITY COUNCIL of the City of Beaumont on this the day of
, 1999.
- Mayor -
�,1
10
I )- Oak-*
I
FII. 1468-Z: Request for a zone change from RM -H (Residential Multiple Family
Dwelling - High Density) to C -M (Commercial - Manufacturing), or a more restrictive
commercial district.
Location: 5350 Walden Road
•---1 1I 1.•..---
NORTH
A&
SCALE
P-200'
CVL)rr V -r t. .'
t City of Beaumont
,� Council Agenda Item
a c
TO: City Council
FROM: Stephen J. Bonczek, City Manager
PREPARED BY: Stephen C. Richardson, Planning Manager
MEETING DATE: October 5, 1999
AGENDA MEMO DATE: September 27, 1999
REQUESTED ACTION: Council consider a request for a zone change from RM -H
(Residential Multiple Family Dwelling -Highest Density) District to C -M (Commercial -
Manufacturing) District.
RECOMMENDATION
The administration recommends approval of the zone change from RM -H (Residential Multiple
Family Dwelling -Highest Density) District to C -M (Commercial -Manufacturing) District.
BACKGROUND
Mary Miller owns a 4.2 acre tract that she wants rezoned for future commercial development.
The subject property is adjacent to the Cracker Barrel Restaurant and across Walden Road from
the Petro Truck Stop. The Comprehensive Plan designates this area as an "industrial area".
BUDGETARY IMPACT
None
PREVIOUS ACTION
At a joint Public Hearing with City Council held September 20, 1999, the Planning Commission
voted 6-0 to approve the zone change.
SUBSEQUENT ACTION
None
RECOMMENDED BY
Planning Commission, City Manager and Planning Manager
RECOMMENDED MOTION
Approve/Deny a request for a zone change from RM -H (Residential Multiple Family Dwelling -
Highest Density) District to C -M (Commercial -Manufacturing) District.
•
LEGAL DESCRIPTION FOR ORDINANCE PURPOSES
Tax Tract No. 37, Plat B-19, S. Stivers Survey, Ab -51, Beaumont, Jefferson County, Texas,
containing 4.2 acres, more or less.
•
0
7
10
rw
FILE 1468-Z: Request for a zone change from RM -H (Residential Multiple Family
Dwelling - High Density) to C -M (Commercial - Manufacturing), or a more restrictive
commercial district.
Location: 5350 Walden Road
NORTH
SCALE
P -too'
I
0
October 5, 1999
Consider a request for a zone change from A -R (Agricultural -Residential) District
and RM -H (Residential Multiple Family Dwelling -Highest Density) District to GC -
MD (General Commercial -Multiple Family Dwelling) District and GC -MD -2
(General Commercial -Multiple Family Dwelling -2) District for property located at
the northwest corner of Dowlen Road and the proposed Delaware Extension
•
[i]
ORDINANCE N0.
0 •
ENTITLED AN ORDINANCE AMENDING CHAPTER 30 OF
THE CODE OF ORDINANCES OF BEAUMONT, TEXAS, AND
IN PARTICULAR THE BOUNDARIES OF THE ZONING
DISTRICTS, AS INDICATED UPON THE ZONING MAP OF
BEAUMONT, TEXAS, BY CHANGING THE ZONING OF
PROPERTY PRESENTLY ZONED A -R (AGRICULTURAL -
RESIDENTIAL) DISTRICT AND RM -H (RESIDENTIAL
MULTIPLE FAMILY DWELLING -HIGHEST DENSITY)
DISTRICT TO GC -MD -2 (GENERAL COMMERCIAL -
MULTIPLE FAMILY DWELLING -2) DISTRICT, LOCATED AT
THE NORTHWEST CORNER OF DOWLEN ROAD AND THE
PROPOSED DELAWARE EXTENSION, BEAUMONT,
JEFFERSON COUNTY, TEXAS; PROVIDING FOR
SEVERABILITY; PROVIDING FOR REPEAL AND
PROVIDING A PENALTY.
BE IT ORDAINED BY THE CITY OF BEAUMONT:
Section 1.
That Chapter 30 of the Code of Ordinances of Beaumont, Texas, and in particular 0
the boundaries of the zoning districts, as indicated upon the Zoning Map of the City of
Beaumont, referred to in Section 30-513 thereof, is hereby amended by changing the
zoning of property presently zoned as A -R (Agricultural -Residential) District and RM -H
(Residential Multiple Family Dwelling -Highest Density) District to GC -MD -2 (General
Commercial -Multiple Family Dwelling -2) District located at the northwest corner of Dowlen
Road and the proposed Delaware Extension, Beaumont, Jefferson County, Texas, as
described in Exhibit "A" and attached hereto and made a part hereof for all purposes, and
the official zoning map of the City of Beaumont is hereby amended to reflect such
changes.
is 0
Section 2.
That, in all other respects, the use of the property hereinabove described shall be •
subject to all of the applicable regulations contained in Chapter 30 of the Code of
Ordinances of Beaumont, Texas, as amended.
Section 3.
That if any section, subsection, sentence, clause of phrase of this ordinance, or the
application of same to a particular set of persons or circumstances, should for any reason
be held to be invalid, such invalidity shall not affect the remaining portions of this
ordinance, and to such end, the various portions and provisions of this ordinance are
declared to be severable.
Section 4.
0 That all ordinances or parts of ordinances in conflict herewith are repealed to the .
extent of the conflict only.
Section 5.
That any person who violates any provision of this ordinance shall, upon conviction,
be punished, as provided in Section 1-8 of the Code of Ordinances of Beaumont, Texas.
PASSED BY THE CITY COUNCIL of the City of Beaumont on this the day of
, 1999.
- Mayor -
•
The map representing ExWbit A can be located in the City Clerk's office for
Council's review.
•
Exhibit A
0
•
U'
• � City of Beaumont
is Council Council Agenda Item
c
TO: City Council
FROM: Stephen J. Bonczek, City Manager
PREPARED BY: Stephen C. Richardson, Planning Manager
MEETING DATE: October 5, 1999
AGENDA MEMO DATE: September 29, 1999
REQUESTED ACTION: Council consider a request for a zone change from A -R
(Agricultural -Residential) District and RM -H (Residential Multiple Family Dwelling -Highest
Density) District to GC -MD (General Commercial -Multiple Family Dwelling) District and GC -
MD -2 (General Commercial -Multiple Family Dwelling -2) District.
RECOMMENDATION
The administration recommends approval of the zone change from A -R (Agricultural -Residential)
District and RM -H (Residential Multiple Family Dwelling -Highest Density) District to GC-INID
(General Commercial -Multiple Family Dwelling) District and GC -MD -2 (General Commercial -
Multiple Family Dwelling -2) District.
BACKGROUND
Sam Parigi represents a development group that wants to offer 40.54 acres of property at the
northwest comer of Dowlen Road and the Delaware Extension for commercial development. The
Comprehensive Plan designates this intersection as a district center. A typical district center
would include neighborhood shopping centers, professional offices, recreational facilities, schools
and libraries among other things.
BUDGETARY IMPACT
None
PREVIOUS ACTION
At a joint Public Hearing with City Council held September 20, 1999, the Planning Commission
voted 6-0 to approve the zone change of 15.7151 acres of land zoned AR to GC -MD -2 and the
zone change of 24.8240 acres of land zoned AR and RM -H to GC -MD.
SUBSEQUENT ACTION
None
RECOMMENDED BY
Planning Commission, City Manager and Planning Manager
RECOMMENDED MOTION
Approve/Deny a request for a zone change for 15.7151 acres of land zoned A -R (Agricultural -
Residential) District to GC -MD -2 (General Commercial -Multiple Family Dwelling -2) District and
a zone change for 24.8240 acres of land zoned A -R (Agricultural -Residential) District and RM -H
(Residential Multiple Family Dwelling -Highest Density) District to GC -MD (General Commercial -
Multiple Family Dwelling) District.
•
0
•
GC -MD Tract
Legal Description: 24.8240 Acre Tract or Parcel of Land
Hezekiah Williams Survey, Abstract No. 56
Jefferson County, Texas
BEING a 24.8240 acre tract or parcel of land situated in the Hezekiah Williams Survey,
Abstract No. 56, Jefferson County, Texas and being out of and part of that certain called
680.66 acre tract called "Second Tract" as conveyed by Treadaway Land Company et al. to
Yount -Lee Oil Company as recorded in Volume 374, Page 113, Deed Records, Jefferson
County, Texas, said 24.8240 acre tract being more particularly described as follows:
NOTE: All bearings are based on the North line of that certain called 62.615 acre
tract, identified as Parcel #5, as recorded in Judgement Deed Number D-105,161 as
recorded in Volume 2214, Page 318, Deed Records, Jefferson County, Texas.
COMMENCING a 5/8" iron rod found for the Northeast corner of the tract herein described,
said corner also being the Southeast corner of Barrington Heights, Phase I, a subdivision of
the City of Beaumont, Jefferson County, Texas, according to the map or plat thereof, recorded
in Volume 15, Page 348, Map Records, Jefferson County, Texas and also being in the West
right-of-way line of Dowlen Road (based on a width of 100 feet) and also being the most
Northerly Southeast corner of that certain called 65.1148 acre tract of land, identified as Tract
1, in a Memorandum of Agreement for Exchange of Lands, dated April 10, 1996, between
Amoco Production Company and Talisman Development, Inc. as recorded in Clerk's File No.
96-9611718, Official Public Records of Real Property, Jefferson County, Texas;
THENCE SOUTH 01024'09" EAST, along and with the West right-of-way line of Dowlen
Road, for a distance of 783.12 feet to the POINT OF BEGINNING of the tract herein
described;
THENCE SOUTH 01024'09" EAST, continuing along and with the West right-of-way line of
Dowlen Road, for a distance of 1033.79 feet; a '/z" iron rod found for corner, said corner
being the intersection of the West right-of-way line Dowlen Road and the North right-of-way
line of the proposed Delaware Street Extension as conveyed by Amoco Production Company
to the City of Beaumont, as recorded in Film Code No. 103-61-566, Official Public Records
of Real Property, Jefferson County, Texas;
THENCE SOUTH 43053'10" WEST, along and with the North right-of-way line of the
proposed Delaware Street Extension, for a distance of 70.53 feet to a 5/8" iron rod found for
corner;
THENCE SOUTH 88°51'41" WEST, continuing along and with the North right-of-way line
of the proposed Delaware Street Extension (based on a width of 100 feet), for a distance of
1300.08 feet to a 5/8" iron rod with a cap set for corner, said corner also being the most
Southerly Southeast corner of that certain called 65.1148 acre tract of land, identified as Tract
1, in a Memorandum of Agreement for Exchange of Lands, dated April 10, 1996, between
I Amoco Production Company and Talisman Development, Inc. as recorded in Clerk's File No.
' 96-9611718, Official Public Records of Real Property, Jefferson County, Texas;
NARK W. WHITELEYAVD ASSOCIATES, INC.
•
•
THENCE NORTH 01023'48" WEST, along and with an East line of the said 65.1148 acre
Tract 1, for a distance of 500.00 feet to a 5/8" iron rod with a cap set for corner, said corner
being an interior ell corner of the said 65.1148 acre Tract 1;
THENCE NORTH 88°51'41" EAST, along and with a South line of the said 65.1148 acre
Tract 1, at a distance of 550.00 feet passing a 5/8" iron rod with a cap set for corner, said
corner being an exterior ell corner of the said 65.1148 acre Tract 1 and continuing for a total
distance of 650.00 feet to a point for corner,
THENCE NORTH 0102348" WEST, parallel and 100 feet East of the East line of the said
65.1148 acre Tract 1, for a distance of 580.46 feet to a point for corner;
THENCE NORTH 88036'07" EAST, parallel to the South line of Block 2 of the said
Barrington Heights, Phase I, for a distance of 700.08 feet to the POINT OF BEGINNING
and containing 24.8240 ACRES, more or less.
.NARK W. WHITEL Y AND ASSOCIATES, INC.
GC -MD -2 Tract
Legal Description. 15.7151 Acre Tract or Parcel of Land
Hezekiah Williams Survey, Abstract No. 56
Jefferson County, Texas
BEING a 15.7151 acre tract or parcel of land situated in the Hezekiah Williams Survey,
Abstract No. 56, Jefferson County, Texas and being out of and part of that certain called
680.66 acre tract called "Second Tract" as conveyed by Treadaway Land Company et al. to
Yount -Lee Oil Company as recorded in Volume 374, Page 113, Deed Records, Jefferson
County, Texas, said 15.7151 acre tract being more particularly described as follows:
NOTE: All bearings are based on the North line of that certain called 62.615 acre
tract, identified as Parcel #5, as recorded in Judgement Deed Number D-105,161 as
recorded in Volume 2214, Page 318, Deed Records, Jefferson County, Texas.
BEGINNING at a 5/8" iron rod found for the Northeast corner of the tract herein described,
said corner also being the Southeast corner of Barrington Heights, Phase I, a subdivision of
the City of Beaumont, Jefferson County, Texas, according to the map or plat thereof, recorded
in Volume 15, Page 348, Map Records, Jefferson County, Texas and also being in the West
right-of-way line of Dowlen Road (based on a width of 100 feet) and also being the most
Northerly Southeast corner of that certain called 65.1148 acre tract of land, identified as Tract
1, in a Memorandum of Agreement for Exchange of Lands, dated April 10, 1996, between
Amoco Production Company and Talisman Development, Inc. as recorded in Clerk's File No.
96-9611718, Official Public Records of Real Property, Jefferson County, Texas;
THENCE SOUTH 01024'09" EAST, along and with the West right-of-way line of Dowlen
Road, for a distance of 783.12 feet to a point for corner;
THENCE SOUTH 88036'07" WEST, parallel to the South line of Block 2 of the said
Barrington Heights, Phase I, for a distance of 700.08 feet to a point for corner;
THENCE SOUTH 01 °23'48" EAST, parallel and 100 feet East of the East line of that certain
called 65.1148 acre tract of land, identified as Tract 1, in a Memorandum of Agreement for
Exchange of Lands, dated April 10, 1996, between Amoco Production Company and
Talisman Development, Inc. as recorded in Clerk's File No. 96-9611718, Official Public
Records of Real Property, Jefferson County, Texas for a distance of 580.46 feet;
THENCE SOUTH 88°51'41" WEST, for a distance of 100.00 feet to a 5/8" iron rod with a
cap set for corner, said corner being an exterior ell corner of the said 65.1148 acre Tract l;
THENCE NORTH 0102348" WEST, along and with an East line of the said 65.1148 acre
Tract 1 and the East line of Barrington Heights, Phase II, a subdivision of the City of
Beaumont, Jefferson County, Texas, according to the map or plat thereof, recorded in Volume
�I 16, Page 99, Map Records, Jefferson County, Texas, for a distance of 1363.13 feet to a 5/8"
iron rod found for corner, said corner being the Northeast corner of the said Barrington
I Heights, Phase 11 and in the South line of Block 2 of the said Barrington Heights, Phase I, and
being an interior ell corner of the said 65.1148 acre Tract 1;
MARK W. WIIITELF:YA.ti'D ASSOCIATES, INC.
.1•
•
THENCE NORTH 88036'07" EAST, along and with the South line of Block 2 of the said
Barrington Heights, Phase I, and the most Northerly South line of the said 65.1148 acre Tract
1, for a distance of 800.00 feet to the POINT OF BEGINNING and containing 15.7151
ACRES, more or less.
*I 7-7��B
!MARK W. WHITELEYAND ASSOCIATES, INC.
•
..._._ :. ... .. - --•-! �-.its. ..`..:.'~":- _..'�:.i __ 7`'�F...:.�.._.... - _._...__..�,.. f.., �sl- ..__.'a -- -- '- - ----. _.... - --..
FILE 465-Z: Request for a zone change from A -R (Agricultural - Residential) and NORTH
RM -H (Residential Multiple Family Dwelling - High Density) to GC -MD (General
Commercial - Multiple Family Dwelling) or a more restrictive commercial zone.
Location: Northwest corner of Dowlen Road and the proposed Delaware Extension SCALE
Applicant: Sam C. Parigi, Jr. N.T.S.
PPPa II
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October 5, 1999
Consider a request for a specific use permit to allow a funeral home in an RCR
(Residential Conservation and Revitalization) District for property located at 1685
Park at Craig
ORDINANCE NO.
ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE
PERMIT TO ALLOW A FUNERAL HOME IN AN RCR
(RESIDENTIAL CONSERVATION REVITALIZATION)
DISTRICT LOCATED AT 1685 PARK AT CRAIG, 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 Yvonne F. Como to allow a funeral home in an RCR (Residential Conservation
Revitalization) District located at 1685 Park at Craig, being Lots 6-10, Block 8, Jersey
Farm Addition, Beaumont, Jefferson County, Texas, containing 0.821 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 is
hereinafter described conditions;
NOW, THEREFORE, BE IT ORDAINED BY THE
CITY OF BEAUMONT:
Section 1.
That all conditions necessary for issuance of a specific use permit have been met
and a specific use permit to allow a funeral home in an RCR (Residential Conservation
Revitalization) District located at 1685 Park at Craig, being Lots 6-10, Block 8, Jerse,
Farm Addition, Beaumont, Jefferson County, Texas, containing 0.821 acres, more or less,
as shown on Exhibit "A" attached hereto, is hereby granted to Yvonne F. Como, her
is 0
0 representatives, successors and assigns for that certain tract described on Exhibit "A" 0
•
attached hereto and made a part hereof for all purposes.
Section 2.
That the specific use permit herein granted is expressly issued for and in
accordance with each particular and detail of the site plan attached hereto as Exhibit "B"
and made a part hereof for all purposes.
Section 3
Notwithstanding the site plan attached hereto, the use of the property 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.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the day of
1999.
- Mayor -
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FILE 1466-P: Request for a specific use permit to allow a funeral home in a RCR NORTH
�. (Residential Conservation Revitalization) district. A ' Location: 1685 Park at Craig
Applicant: Yvonne F. Como SCALE •
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ILJ Council Agenda Item
TO: City Council
FROM: Stephen J. Bonczek, City Manager
PREPARED BY: Stephen C. Richardson, Planning Manager
MEETING DATE: October 5, 1999
AGENDA MEMO DATE: September 27, 1999
REQUESTED ACTION: Council consider a request for a specific use permit to allow a funeral
home in an RCR (Residential Conservation and Revitalization) District.
RECOMMENDATION
The administration recommends approval of the specific use permit to allow a funeral home at
1685 Park Street.
BACKGROUND
The subject property is the site of the old Carroll -Wallace Funeral Home. That facility relocated
in 1996. In 1997, City Council approved a specific use permit for a church. The church has since
moved. The applicant is requesting a waiver of the landscaping/screening requirements. The
application is in compliance with the eight conditions necessary for approval of the permit subject
to the waiver of the landscaping/screening requirements.
BUDGETARY IMPACT
None
PREVIOUS ACTION
At a joint Public Hearing with City Council held September 20, 1999, the Planning Commission
voted 6-0 to approve the specific use permit with a waiver of the landscaping/ screening
requirements and subject to the construction of the parking lot prior to the operation of the
business.
SUBSEQUENT ACTION
None
RECOMMENDED BY
Planning Commission, City Manager and Planning Manager
RECOMMENDED MOTION
Approve/Deny a request for a specific use permit to allow a funeral home at 1685 Park subject to
a waiver of the landscaping/screening requirements and subject to the construction of the parking
lot prior to the operation of the business.
•
•
7C
'—` rApplicant:
66-P: Request for a specific use permit to allow a funeral home in a RCR NORTH
9 p p •.
�ntial Conservation Revitalization) district. A n: 1685 Park at Craig
Yvonne F. Como SCALE
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October 5, 1999
Consider a request for a specific use permit to allow a business office park on
property zoned GC -MD -2 (General Commercial -Multiple Family Dwelling -2)
District and RM -H (Residential Multiple Family Dwelling -Highest Density) District
for property located on Phelan Boulevard at Shakespeare Drive
•
•
•
ORDINANCE NO.
ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE
PERMIT TO ALLOW A BUSINESS OFFICE PARK ON
PROPERTY IN A GC -MD -2 (GENERAL COMMERCIAL -
MULTIPLE FAMILY DWELLING -2) DISTRICT AND AN RM -H
(RESIDENTIAL MULTIPLE FAMILY DWELLING -HIGHEST
DENSITY) DISTRICT LOCATED AT THE NORTHEAST
CORNER OF PHELAN BOULEVARD AT SHAKESPEARE
DRIVE, 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 Sam Parigi, Jr. to allow a business office park on property in a GC -MD -2
(General Commercial -Multiple Family Dwelling -2) District and an RM -H (Residential
Multiple Family Dwelling -Highest Density) District located at the northeast corner of Phelan
•
0 Boulevard and Shakespeare Drive, being three (3) abutting tracks of land located at the 0
northeast ccrner of Phelan Boulevard and Shakespeare Drive, the most easterly of the
three tracts extending north from Phelan Boulevard to Prutzman Road, said tracts being
known as Tax Tracts 85, 86-A and 178, Plat SP -6, C. Williams Survey, Ab -59, Beaumont,
Jefferson County, Texas, containing 2.142 acres of land, more or less, as shown on Exhibit
"A", attached hereto in; 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:
0 •
Section 1.
0 •
That all conditions necessary for issuance of a specific use permit have been met
and a specific use permit to allow a business office park on property in a GC -MD -2
(General Commercial -Multiple Family Dwelling -2) District and an RM -H (Residential
Multiple Family Dwelling -Highest Density) District located at the northeast corner of Phelan
Boulevard and Shakespeare Drive, being three (3) abutting tracks of land located at the
northeast corner of Phelan Boulevard and Shakespeare Drive, the most easterly of the
three tracts extending north from Phelan Boulevard to Prutzman Road, said tracts being
known as Tax Tracts 85, 86-A and 178, Plat SP -6, C. Williams Survey, Ab -59, Beaumont,
Jefferson County, Texas, containing 2.142 acres of land, more or less, as shown on Exhibit
"A", attached hereto in, is hereby granted to Sam Parigi, Jr., his legal representatives, •
successors and assigns for that certain tract shown on Exhibit "
g t A attached hereto and
made a part hereof for all purposes, subject to the above conditions.
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.
0
PASSED BY THE CITY COUNCIL of the City of Beaumont this the day of
1999.
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`�� Council Agenda Item
TO: City Council
FROM: Stephen J. Bonczek, City Manager
PREPARED BY: Stephen C. Richardson, Planning Manager
MEETING DATE: October 5, 1999
AGENDA MEMO DATE: September 27, 1999
REQUESTED ACTION: Council consider a request for a specific use permit to allow a
business office park on property zoned GC -MD -2 (General Commercial -Multiple Family
Dwelling -2) District and RM -H (Residential Multiple Family Dwelling -Highest Density) District.
RECOMMENDATION
The administration recommends approval of the specific use permit to allow three one-story
business office buildings at the northeast corner of Phelan Boulevard and Shakespeare Drive.
BACKGROUND
Three one-story office buildings are planned for the subject property. The three buildings will
contain a total of 21,300 sq. ft. of office space. This application is in compliance with the eight
conditions necessary for approval.
BUDGETARY INIPACT
None
PREVIOUS ACTION
At a joint Public Hearing with City Council held September 20, 1999, the Planning Commission
voted 6-0 to approve the specific use permit.
SUBSEQUENT ACTION
None
RECOMMENDED BY
Planning Commission, City Manager and Planning Manager
RECOMMENDED MOTION
Approve/Deny a request for a specific use permit to allow a business office park on the northeast
corner of Phelan Boulevard and Shakespeare Drive.
•
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S9 -P: Request for a specific use permit to allow a business park on property NORTH /
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p tmesmentim mwupie ramuy Lwening - nign Lensity).
Cti Location: Phelan Blvd. at Shakespeare Drive SCALE
�Applicant: Sam Parigi, Jr.
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October 5, 1999
Consider an appeal of a decision by the Historic Landmark Commission concerning
a four foot high chain link fence in the front yard of a house in the Oaks Historic
District at 2425 Angelina
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City of Beaumont
�� Council Agenda Item
� c
TO: City Council
FROM: Stephen J. Bonczek, City Manager
PREPARED BY: Stephen C. Richardson, Planning Manager
MEETING DATE: October 5, 1999
AGENDA MEMO DATE: September 28, 1999
REQUESTED ACTION: Council consider an appeal of a decision by the Historic Landmark
Commission concerning a four foot high chain link fence in the front yard of a house in the Oaks
Historic District at 2.125 Anaelina.
RECOMMENDATION
The administration recommends denial of the appeal for a chain link fence in the front yard.
BACKGROUNI M
Rhonda McMullen, the property owner, requested a certificate of appropriateness to allow a four
foot high chain link fence in the front yard of her residence at 2425 Angelina. The fence was built
without a certificate of appropriateness. Sec. 30-21.2 of the Zoning Ordinance states that chain
link fences are permitted only in back yards and must not be visible from abutting streets. The
ordinance does allow for exceptions to the regulations when the applicant establishes that the fence
is historically sensitive or unless the absence of said fence poses a significant hazard to life or
property. Sec. 30-21.2 also states that a decision of the Historic Landmark Commission may be
appealed to the City Council.
BUDGETARY IMPACT
None
PREVIOUS ACTION
At the September 13, 1999 Regular Meeting, the Historic Landmark Commission voted 6-2 to
deny the certificate of appropriateness for the 4 foot high chain link fence in the front yard at 2425
Angelina.
0
SUBSEQUENT ACTION
None
RECOMMENDED BY
Historic Landmark Commission, City Manager and Planning Manager
RECOMMENDED MOTION
Approve/Deny an appeal of the decision of the Historic Landmark Commission to deny a certificate
of appropriateness to allow a four foot high chain link fence in the front yard at 2425 Angelina.
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PEN MOPE S. BU LER, M.S., LP.C.
Child, Adolescent, Adult and Family Counseling
3560 Delaware, Suite 301
Beaumont, Texas 77706
Telephone: (409) 899-3355
Fax: (409) 899-4729
August 19, 1999
To whom it may concern:
Please be advis(A that Jacob Bertnancthas bamn under my cmc and receiving counseling
from Penelope S. Butler sincxm Juw. 1998. Jacob has bcxmn diag oscxi with ADHD and is
highly impulsive. 11c ha., .-xmcious emmotional problems and verypoor judgarnent. Jacob's
intellectual iimctioning is low and as a rex-:tilt he tends to be accidcant- prone. It is our
opinion that Jacob nerds boundaries; in onier to maintain his safety. Pleasc`contact our
of if you have further quc.-:tions.
Sincerely,
Dr. Kanneganti, MDPA
Penelope S. Butler
117,0 7 2t1UUI0N
?��.,',fdNIING DIVISION
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October 5, 1999
Consider an ordinance repealing Article III of Chapter 29 of the Code of
Ordinances and enacting new taxicab regulations
•
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BEAUMONT,
TEXAS
•
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TO:
FROM:
PREPARED BY:
MEETING DATE:
AGENDA MEMO DATE:
REQUESTED ACTION:
City of Beaumont
Council Agenda Item
City Council
Stephen J. Bonczek, City Manager
Lane Nichols, City Attorney
October 5, 1999
September 28, 1999
Council to consider an ordinance repealing Article
III of Chapter 29 of the Code of Ordinances and
enacting new taxicab regulations
RECOMMENDATION
The administration recommends the approval of an ordinance amending Chapter 29 of the code
of Ordinances to enact new taxicab regulations.
BACKGROUND
The Council previously amended the taxicab ordinance to remove the requirement for a hearing
to determine the public convenience and necessity of new taxicab permits. Since that time, both
the Police and City Clerk's office have requested other changes to the ordinance to make its
administration more efficient and effective for both the applicants and city departments involved.
Specifically, the police have requested that the administration of the issuance of the taxicab
permits and driver's licenses for taxicab operators be centralized in the Police Department. The
City Clerk agrees that such functions as providing the application form and providing various
notices to the applicant should all be handled by the Police Department. In addition, there is no
reason to continue the process of publishing a notice of the application in the newspaper. This
will result in a small cost saving for the City.
BUDGETARY IMPACT
Taxicabs presently pay 1'/2 % of gross receipts as a fee for the use of the city street in a
commercial venture. That fee will not change. The budgetary impact would be limited to savings
associated with not having to publish newspaper notices.
Council Agenda Item
Page 2
September 28, 1999
PREVIOUS ACTION
On September 7, 1999, Council amended this ordinance to remove the requirement for a public
hearing.
SUBSEQUENT ACTION
None.
RECOMMENDED BY
City Manager, City Attorney, Police Chief and City Clerk
RECOMMENDED MOTION
Approve/Deny an ordinance amending Chapter 29 of the Code of Ordinances to amend taxicab
regulations.
Is
0 G:\LE\CAROL\OFFICE\COU'IIMTG\TAXICAB.WPD
ORDINANCE NO.
ENTITLED AN ORDINANCE REPEALING ARTICLE III OF CHAPTER
29 OF THE CODE OF ORDINANCES OF THE CITY OF BEAUMONT
AND ENACTING A NEW ARTICLE III REGULATING TAXICABS;
PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND
PROVIDING A PENALTY.
WHEREAS, Council desires to enact amended taxicab regulations;
NOW, THEREFORE, BE IT ORDAINED BY THE
CITY OF BEAUMONT:
Section 1.
THAT Article III of Chapter 29 be and the same is hereby repealed and a new
Article III regulating taxicabs is enacted to read as foliows:
ARTICLE III. TAXICABS. Sec. 29-40. Definitions.
9 As used in this article, the following terms shall have the respective meanings
ascribed to them:
Chief of Police: Shall be the duly appointed Chief of the Beaumont Police
Department or his designee.
Cruise, cruising: The movement of unoccupied taxicabs over the public streets of
the City in search of, or soliciting prospective passengers for hire; except, however,
unoccupied taxicabs proceeding to answer a telephone call for taxicab service from an
intended passenger, and taxicabs returning to a taxi stand, terminal or subterminal by the
most direct route, after having discharged a passenger, to the place where such taxicab
is housed or to the place of discharge of the passenger, shall not be considered to be
cruising.
10
Driver, chauffeur.' Any person in actual charge of the operation of a taxicab, whether
0
to e
as owner, or agent, servant or employee o f the owner.
License to operate: Authority granted by the City authorizing such operator of a
taxicab to engage in the business of transportation by taxicab.
Owner, operator: Any person who has the control, direction, maintenance and the
benefit of the collection of revenue derived from the operation of taxicabs on or over the
streets of the City, whether as owner or otherwise, except "driver" as herein defined.
Subterminal:Any place other than a terminal in which the drivers or chauffeurs of
taxicabs shall receive calls from a dispatcher and such calls are relayed from a taxi
terminal or taxi stand, and which shall likewise mean and embrace the space and area
used by taxicabs while waiting for passengers.
Taxicab: An automobile or motor -propelled vehicle used for transportation of
passengers for hire over the public streets of the City, and not over a defined or fixed
route, and irrespective of whether the operations extend beyond the City limits, at rates for
distance traveled, or for waiting time, or for both, or at rates per hour, per week or per
month, which such vehicle is routed to destinations under the direction of the passenger;
provided, however, the term "taxicab" shall not apply to motor buses operated within the
City under a franchise from the City, over a fixed definite route, nor shall such term apply
to motor buses regularly operated in the City along fixed routes to and from points outside
the City, nor shall such term apply to motor vehicles operated under a permit or certificate
of the railroad commission of the state or the Interstate Commerce Commission.
0
Taximeter: A machine adapted to automatically calculate, at a predetermined rate
0
the charge for hire of a taxicab; and such charges shat
or rates, and to registerg g I be
indicated by means of figures.
Terminal: The taxi depot at which place the taxicabs shall be housed or parked,
and at which place the telephone calls and requests for service shall be made, and at
which place a dispatcher shall control the movements of the taxicabs to the points of
request for taxicab service; this term shall likewise be synonymous with taxi terminal and
shall mean and embrace that space and area of land and buildings off the streets of the
City, and upon private property, and shall be and constitute the main office of the owner
and taxicab operator.
Waiting time: Such time as may be consumed or lost at the special instance and
request of a passenger after such passenger has first entered the taxicab to make a trip
and before reaching his final destination; and no charge shall be made against a
passenger for any time lost on account of any other delay whatsoever.
Sec. 29-41. Permit --Required; contents of application.
(a) It shall be unlawful for any person to drive or operate or cause to be driven or
operated, any taxicab upon, or over any street in the City, unless and until a permit
therefor has been issued by the City.
(b) No permit certificate shall be issued by the City until the owner or person in charge
or control of such taxicab shall make application in writing to the City for such
permit, on blanks to be furnished by the Chief of Police, stating in such application
the name of the owner, or person by whom such permit is desired, his street
0 address, the type of motor vehicle to be used as a taxicab, the cubic inch
displacement of the engine, the VIN number and license plate number thereof, the
seating capacity, according to its trade rating, the owner thereof, and such other
relevant information as may be deemed advisable and necessary by the City.
(c) Such application shall be signed and sworn to by the applicant.
(d) If the applicant for a permit is a corporation, such application shall be made by
some duly authorized officer of the corporation, and shall state whether it is a
foreign or domestic corporation, its address and place of business, its officers and
their addresses, its correct corporate name and a "Certificate of Good Standing"
issued by the state agency which issued the corporation charter; if the applicant for
a permit is a partnership or association, such application shall be made by some
duly authorized officer or agent, of the partnership or association, and shall give the
trade name, or partnership name or association name of the partnership or
association, together with the names and addresses of the partners.
Sec. 29-42. Same --Notice of filing application; determination of public convenience
and necessity; issuance; denial; renewal; transferability.
(a) If the Chief of Police finds from investigation or hearing that such application shall
be denied, the Chief of Police shall immediately give notice to the applicant of such
action.
(b) It shall be unlawful for the owner of any taxicab to operate the same where a permit
has not been issued therefor under the provisions of this article, and a violation of
this section shall be sufficient reason to revoke the permit of such owner or operator
with respect to any other taxicab. After the application to operate a taxicab or
0 taxicabs upon or over the streets of the City has been granted, in accordance with
this article, it shall be the duty of the Chief of Police to issue a permit therefor to
such applicant.
(c) All permits issued hereunder shall commence January 1 of each year and expire
December 31 of such year.
(d) Each permit issued hereunder may be renewed from year to year by the holder of
such permit provided same has not been canceled by the City for any violation
under this article.
(e) The permits issued under this article shall be deemed personal to the holder thereof
and shall not be transferable or assignable.
Sec. 29-43. Same --Fees; based on gross receipts; payment dates.
Any person operating any taxicab under a permit granted to it by the City shall pay,
at the office of the City Treasurer, in lawful money of the United States, one and one-half
(1 '/2) per cent of the gross receipts measured by the total fares collected and other income
derived from the operation of the taxicab service, which remittance shall be made monthly
on or before the fifteenth day of each calendar month for the preceding calendar month.
The compensation provided for in this section shall be in lieu of any other fees or charges
imposed by any other ordinance now in effect and such charge is made in accordance with
Texas Transportation Code, Article 502.003 (or succeeding statute), and such one and
one-half (1 '/2) per cent gross receipts permit fee is made in lieu of a street rental charge,
but such charge shall not release the permit holder from the payment of ad valorem taxes
levied or to be levied on property used in the taxicab business.
•
Sec. 29-44. Same --Statement of receipts; bookkeeping; failure to file statement or
pay fee.
It shall be the duty of each permit holder to file a sworn statement showing the
receipts for the month with the Chief of Police and the City Treasurer within fifteen (15)
days after the end of each month. The permit holder shall be required to install and
adequately maintain a system of bookkeeping which is subject to the approval of the
finance officer of the City, which books shall be subject to inspection of such person as the
City Manager may designate, to verify the accuracy of amounts that may be due the City.
Any neglect, omission or refusal by the permit holder to file such verified statement
or to pay the required percentage of the gross receipts at the time and in the manner
herein provided shall act as a forfeiture of such permit.
0 Sec. 29-45. Same --Cancellation unless taxicab operated for twenty days of each
month.
Every permit held under the provisions of this article by the owner or operator of a
taxicab may be canceled, unless taxicabs are operated thereunder in accordance with the
provisions of this article on at least twenty (20) days out of each calendar month.
Sec. 29-46. Withdrawing and substituting taxicabs.
If at any time any taxicab, which has been regularly licensed under the provisions
of this article, is to be withdrawn or replaced by another and different motor vehicle, the
same may be done after making written application to the Chief of Police and securing
approval thereof. Such approval shall be based upon the Chief of Police having a
complete record of such substitution and being satisfied that all rules and regulations of
this article have been complied with; provided, upon refusal of the Chief of Police to
approve said application, the applicant may within ten (10) days thereafter, appeal in
writing to the City Manager (or his designee).
Sec. 29-47. Insurance.
Before any permit shall be granted or renewed under this article, the operator shall
obtain and file with the Chief of Police a public liability insurance policy in the standard
Texas form covering each automobile to be operated by such operator of a taxicab with
minimum amounts of liability coverage thereunder as required pursuant to Texas
Transportation Code, Article 601.072 (or succeeding statute).
Such insurance policy shall be issued by a casualty insurance company authorized
to do business in the state, with an agent within the City, and shall be for the protection of
any member of the public who might be injured or whose property might be damaged by
0 the operation of such taxicab. Such policy shall be maintained in full force and effect by
the operator of taxicabs covering each taxicab licensed by a permit under this article. A
copy of such insurance or a certificate evidencing such insurance shall be provided to the
Chief of Police.
Sec. 29-48. Ad valorem taxes --Payment required, delinquency causes revocation of
permit.
It shall be the duty of every owner of a taxicab that is operated in the City to pay all
ad valorem taxes assessed by the City against such vehicle and other equipment used in
such business, and a failure to pay such ad valorem taxes before they become delinquent
shall operate as a revocation of the permit issued in accordance with this article.
0
Sec. 29-49. Same --Operation without payment unlawful.
persons No owner or operator of taxicab shall engage in the transportationof p sons by
taxicab at any time within the City when the ad valorem taxes assessed against his taxi
terminals, stands, taxicabs or taxicab equipment, is delinquent.
Sec. 29-50. Condition of vehicle; inspections.
(a) Before any owner or operator of a taxicab allows any of his taxicabs to be operated
upon any street within the City it shall be inspected to determine whether such
vehicle is in a safe condition to be operated as a taxicab.
(b) The inspection of such taxicab shall be made by the Chief of Police or by any
competent mechanic that the Chief of Police might designate.
(c) No taxi cab shall be given a permit unless that taxi cab has a valid motor vehicle
inspection sticker. Taxi cab permits issued to taxi cabs shall be valid only so long
as the vehicle has affixed to it a valid motor vehicle inspection sticker.
(d) Upon notifying the owner or operator of such taxicab that it is not in a safe
condition, the same shall not be used as a taxicab until the defects found are
corrected and such taxicab is reinspected and found that it is in a safe condition by
the Chief of Police or such mechanic, who shall paste a paper seal of a type and
design approved by the Chief of Police upon the windshield of such vehicle
certifying that the taxicab was approved by such inspector. No taxicab shall be
operated in the City without such a valid approval seal attached thereto.
•
(e) At no time shall any taxicab that is found to be unsafe by the Chief of Police, or
mechanic designated by the Chief of Police, be operated over the streets of the
City.
(f) Nothing herein, however, shall prevent the City from inspecting any taxicab at any
time and if the City, through its agents or employees, should find that it is in a
defective condition, the Chief of Police shall order the use of such taxicab
discontinued until the same is approved.
Sec. 29-51. Chauffeur's license.
(a) It shall be unlawful for any person to drive or act as a chauffeur of a taxicab within
the City, without having secured a chauffeur's license duly issued to such person
by the Chief of Police.
(b) Each applicant for a chauffeur's license shall be a citizen of the United States, at
least eighteen (18) years of age prior to the filing of his application for a chauffeur's
license.
(c) Any person desiring to drive or act as chauffeur of a taxicab in the City shall file
application for a chauffeur's license with the Chief of Police at the police station on
application forms to be furnished by the Chief of Police. Such forms shall provide
for the applicant's name, age, present address, last place of employment, whether
the applicant has been convicted of a violation of a motor vehicle traffic or criminal
law of the City or the state, with a space sufficient for particulars concerning such
violation, if any, and the length of time the applicant has driven a motor vehicle.
(d) After filling in the above described form, the applicant shall sign same and shall
swear to the truthfulness of the answers made in such application before a notary
public. After such application has been duly sworn to, the applicant shall present
ion o the Chief of Police at the police station together with an affidavit
such application t C p g
from two (2) reputable citizens of the City, stating the applicant to be a trustworthy,
sober and reliable person, of good moral character, and that such applicant is
competent to operate a taxicab, and such application shall also be accompanied by
a certificate from a reputable physician of the City, showing that such applicant, has
no ailment which would prevent such applicant from safely operating a taxicab.
(e) Upon receipt of any application for a chauffeur's license, the Chief of Police shall
satisfy himself that such applicant is qualified to operate a taxicab in the City. After
the Chief of Police has examined the application and affidavits and doctor's
certificate accompanying the application and has investigated the applicant for his
ability to properly operate a taxicab within the City; he shall either grant such
application or refuse same. If the Chief of Police refuses any application, he shall
notify the applicant either personally or at the last address given in such
application. The applicant may appeal from the decision of the Chief of Police by
giving notice in writing to the City Manager (or his designee) within ten (10) days
after notification. In the event such applicant appeals to the City Manager (or his
designee) for a license, the City Manager (or his designee) shall notify the applicant
of the date the hearing on his application will be heard, and shall hear the appeal
of such applicant for a chauffeur's license. r,`:er receiving the evidence in
connection therewith, the City Manager (or his designee) shall either refuse or
approve such application. In the event the City Manager (or his designee) approves
•
the application, the City Manager (or his designee) shall order the Chief of Police
to issue a license to such applicant.
(f) If the application of a person is granted either by the Chief of Police or by the City
Manager (or his designee), the Chief of Police shall immediately notify such
applicant by letter addressed to such applicant at the last address shown on the
application. Within three (3) business days after the postmark date of such letter,
the applicant shall furnish the Chief of Police two (2) recent, true photographs of
such applicant, such photographs to be not less than one and one-half (1 '/z) inches
by one and one-half (1 '/2) inches, nor greater than two (2) inches by two (2) inches,
in size, one of which photographs shall be retained by the Chief of Police with the
application, affidavits, doctor's certificate and any other information on file, to be
kept by the Chief of Police as a permanent record. The other picture shall be firmly
affixed to the license to be issued to the applicant. The license issued to such
person shall be numbered, shall state the year for which such license is issued.
Such license shall further state the name, address, age, height, weight and color
of eyes and hair, and state that the party named on such license, whose picture is
shown on the face thereof, is a duly licensed driver of a motor vehicle in the City,
and such license shall further provide a space for the signature of the licensee,
which signature shall be affixed on the license in the presence of the Chief of Police
at the time such license is delivered to the licensee. All licenses shall be signed by
the Chief of Police.
•
(g) License shall be kept by the licensee under a celluloid cover, while such licensee
is driving or acting as a chauffeur of a taxicab, so as to be easily seen by all
passengers in such vehicle.
(h) It shall be a violation of this section for any person holding a chauffeur's license
hereunder to fail to have same displayed in the manner stated in subsection (g) at
all times in the motor vehicle which he is driving and of which he is acting as
chauffeur.
(i) All licenses issued by the Chief of Police under this section shall expire on the
thirty-first day of December of the year in which same are issued. It shall be a
violation of this section to drive a taxicab with a chauffeur's license displayed which
has expired.
iji) Any chauffeur's license issued by the City under the terms of this section may be
either revoked or suspended b the Chief of Police for a violation of the ordinances
P Y
of the City or the traffic laws of the state by the holder of such license, and such
license may also be revoked or suspended if the holder thereof is negligent or
careless in the operation of a taxicab. Upon revoking or suspending any license the
Chief of Police shall notify in writing the licensee whose license is revoked or
suspended, and the Chief of Police shall immediately take up such license so
revoked or suspended. Within ten (10) days after revocation or suspension of the
license, the party vi,hose license had been revoked or suspended may appeal to the
City Manager (or his designee) for reinstatement. The City Manager (or his
designee) shall give the party so appealing a hearing, and after a hearing, shall
Ol
either sustain or reverse the action of the Chief of Police in revoking or suspending
such license. If the action of the Chief of police is sustained by the City Manager
(or his designee), the revocation or suspension of such license shall stand. If the
action of the Chief of Police is reversed, the license shall be returned to such
licensee immediately
(k) It shall be a violation of this section for any person to employ or permit a person to
drive a taxicab owned by such person, who does not have a valid chauffeur's
license issued by the Chief of Police for the current year, and such owner of such
a vehicle shall require such driver to produce a chauffeur's license issued by the
City for the current year. Upon employing a driver for a taxicab the person owning
such vehicle or the agent thereof so employing, shall immediately notify the Chief
of Police of the name of such driver and the license number of the license which
0 such driver holds. If a driver of a taxicab is discharged or otherwise leaves the
employ of the person owning such vehicle, such person shall immediately notify in
writing the Chief of Police of any dismissal. Upon receipt of such a notice, the Chief
of Oolice shall investigate the reasons for such dismissal, and after completing such
investigation may, if he deems it advisable, revoke or suspend the license of the
driver so dismissed. Such licensee may appeal from the action of the Chief of
Police to the City Manager (or his designee) who shall either sustain or reverse the
action of the Chief of Police.
(1) It shall be a violation of this section for any person owning one or more taxicabs to
keep in his employment for the driving of such vehicle any person whose license
issued by the City has been either revoked or suspended.
•
(m) A licensee may renew his license upon expiration thereof by filing with the Chief of
Police an application for renewal upon forms to be furnished by the Chief of Police,
and shall furnish two (2) recent photographs of himself of the dimensions heretofore
set out in subsection (f), and shall furnish a certificate from a physician of the City
showing that he is physically capable to safely operate a motor vehicle for hire.
(n) No fee shall be charged for the issuance of any chauffeur's license or a renewal
thereof by the City.
Sec. 29-52. Rates and fares --Amounts; regulations.
(a) Authority to fix. The City Council shall have the right to change or establish the
rates and fares to be charged by taxicabs in the City at any time it deems
necessary.
(b) Schedule. Unless otherwise changed by the City Council, the following taxicab
rates and fares shall be effective in the City:
(1) The rate or fare of either one or two (2) passengers shall be two dollars
($2.00) for the first one-tenth (1/10) mile or fraction thereof and ten cents
($0.10) for each one-tenth (1/10) mile or fraction thereof traveled thereafter.
The rate for additional passengers shall be one dollar ($1.00) per
passenger, not to exceed the vehicle's maximum seating capacity, according
to trade rating.
(2) For each one minute of waiting time consumed by the taxicab at the instance
of the passenger, the rate shall be twenty-five cents ($0.25).
(3) Whenever a taxicab is engaged on an hourly basis, whether for one or more
0 passengers, the rate or fare shall be fifteen dollars ($15.00) for each hour.
For each quarter hour in excess of each completed hour, the rate shall be
three dollars seventy-five cents ($3.75) for each quarter hour the taxicab is
so engaged.
(c) Posting.There shall be posted, in a conspicuous place in a frame with a transparent
cover, on the inside of each taxicab, a card showing the rates herein prescribed;
such card shall be posted in a place easily discovered and read by any passenger
riding in such taxicab.
Sec. 29-53. Same --Refusal of passenger to pay.
It shall be unlawful for any passenger to refuse to pay the legal fare due by him for
the use of any taxicab mentioned in this article, after having hired the same; and any
person who hires any taxicab with the intent to defraud the person from whom it is hired
and, after using the same, fails or refuses to pay any taxicab fare due by him shall be guilty
of a misdemeanor.
Sec. 29-54. Taximeters --Required.
All holders of permits for taxicabs operating upon the streets in the City shall install
and equip each taxicab with a taximeter, which taximeter shall be set upon the rates
hereinabove established in this article, and such taximeters shall be subject to inspection
at any time by the City or its employees.
Sec. 29-55. Same --To be in operation while conveying passengers.
No taxicab shall be operated at any time with a passenger unless the meter on the
taxicab is correctly operating and showing the rates that are being charged. If at any time
the taximeter stops or fails to operate or is operating incorrectly, it shall be the duty of the
0
operator of the taxicab to immediately take such taxicab to its terminal and not operate the
same until the meter has been fixed and adjusted.
Sec. 29-56. Terminals; required; soliciting at stations prohibited; remaining in cab
at subterminals.
(a) Every operator of a taxicab shall maintain within the City an off-street terminal of
sufficient size to accommodate all of the owner's taxicabs. Subterminals at hotels,
depots and other places shall be designated by the director of traffic and
transportation or other designated official.
(b) When any taxicab is at any public carrier depot within the City it shall be unlawful
for the driver or person in charge thereof to leave the same and enter the depot or
go upon the sidewalk or private property of any railroad company, air field or bus
station for the purpose of soliciting the transportation of any passenger arriving on
the trains, buses or airplanes at the depot.
(c) The drivers of taxicabs using subterminals shall remain seated in their vehicles at
all times while such vehicle is at a public stand; provided, however, such drivers
may leave their vehicles when actually necessary to assist passengers to enter or
leave same, or in any case of accident, necessity or emergency beyond the control
of such driver.
(d) The form and type of a terminal shall be of such a nature as best meets public
convenience and necessity and affords a safe, sanitary and lawful operation of
transportation by taxicabs. The site, location, type of proposed buildings and the
sanitary conditions of the taxi stand shall be reflected in an application to the Chief
0 of Police. The equipment, site and place of a terminal must be found by the director
of traffic and transportation or other designated official to best meet public
convenience and necessity prior to an authorization to a permit holder to operate
such terminal. An affirmative finding in favor of applicant, reflecting adequate
sufficiency of the place of any off-street terminal shall be considered as having an
established prima facie case thereon, upon its appearing within the application that
the operator of taxicabs is presently operating for his own exclusive use such off-
street terminal now being operated in the commercial areas of the City.
Sec. 29-57. Signs; numbering; lettering.
Every taxicab shall have printed on each side and in the rear of such taxicab the
name of the owner or the assumed name under which the owner operates, together with
the company's telephone number and the cab number. All of the lettering mentioned in this
0 section shall not be less than two and one-half (2 '/2) inches in height and not less than
five -sixteenths of an inch in stroke and such paint shall be either enamel or oil paint that
will weather the elements, and shall be kept legible at all times.
Sec. 23-58. Maximum load.
No driver or owner of any taxicab, licensed under the provisions of this article, shall
permit or allow more than six (6) persons to ride in such taxicab; and in no event shall
more than two (2) persons, in addition to the driver, be permitted to ride in the front seat
of such taxicab, and then only if the number of passengers makes it necessary.
Sec. 29-59. Persons permitted to ride; picking up additional passengers.
No taxicab driver shall permit any other person to occupy or ride in such taxicab
except a passenger for hire or an employee of the taxicab service by whom the driver is
0
employed. Unless the person first employing the taxicab shall consent, no additional
picked u to ride in a taxicab on the same tri
passengers shall be p p or permitted p.
Sec. 29-60. Maximum driving hours.
It shall be unlawful for the driver of any taxicab to be in charge of the same
continuously for more than twelve (12) hours, and no owner of any taxicab shall permit any
driver of any taxicab to be or, continuous duty, as a driver, for a greater period than twelve
(12) hours.
Sec. 29-61. Cruising.
No driver shall cruise at any time, and whenever a taxicab is unoccupied the driver
shall proceed at once by the most direct route to the garage where the vehicle is housed
or to the nearest stand; or if dispatched by radio, it shall proceed at once by the most
direct route to the place directed b., the radio dispatcher.
Sec. 29-62. Soliciting patrons --By calling out to any person.
It shall be unlawful for any pe,son to speak or to call out in a loud manner "taxicab,"
"automobile for hire," "hack," "carriage," "bus," ''baggage," or ''hotel," or in any manner
attempt to solicit passengers at any passenger depot or upon any passenger depot
platform, grounds or premises of any public carrier, or upon any sidewalk or street in front
of any passenger depot of any public carrier within the City.
Sec. 29-63. Same --By driver.
It shall be unlawful for any d, ver or operator of any taxicab or for any other person
to seek or solicit patrons or passengers for any such taxicab by word or by sign, directly
or indirectly, while driving any taxicab over, through, or on, any public street or public place
0 of the City, or while same is parked on any public street or alley of the City, or to
repeatedly or persistently drive any taxicab through, over, or on, any public street or place
response to calls b patrons for such taxicab or while actually
of the City, except in resp y p ally
transporting passengers therein.
Sec. 29-64. Property left in cabs.
All drivers of taxicabs shall promptly deliver to the police department all property left
in such vehicles by passengers.
When articles left in taxicabs have been delivered to the office of the Chief of
Police, he shall make an entry of the fact and shall keep all such articles until claimed by
the owner, or disposed of as authorized by statute.
Section 2.
That if any section, subsection, sentence, clause or phrase of this ordinance, or the
10 application of same to a particular set of persons or circumstances should for any reason
be held to be invalid, such invalidity shall not affect the remaining portions of this
ordinance, and to such end the various portions and provisions of this ordinance are
declared to be severable.
Section 3.
That all ordinances or parts of ordinances in conflict herewith are repealed to the
extent of the conflict only.
Section 4.
That any person who violates any provision of this ordinance shall, upon conviction,
be punished as provided in Section 1-8 of the Code of Ordinances of the City of
Beaumont, Texas.
0
PASSED BY THE CITY COUNCIL of the City of Beaumont this the day of
. 1999.
- Mayor -
E
0
•
•
12
October 5, 1999
Consider an ordinance requiring Entergy/Gulf States to book and suspense revenues
from the River Bend Nuclear Plant associated with the bankruptcy of Cajun Electric
Co -Operative
City of Beaumont
MR
il .. 7LJ71J Council Agenda Item
TO: City Council
FROM: Stephen J. Bonczek, City Manager
PREPARED BY: Lane Nichols, City Attorney
MEETING DATE: September 28, 1999
AGENDA MEMO DATE: September 21, 1999
REQUESTED ACTION: Ordinance requiring Entergy/Gulf States to book and
suspense revenues from the River Bend Nuclear
Plant associated with the bankruptcy of Cajun
Electric Co -Operative
RECOMMENDATION
Because Entergy/Gulf States (EGS) believes that it may sell 30% of the power from River Bend
as if it were unregulated, the Steering Committee of cities that oversee electric maters for EGS
recommends that cities pass an ordinance requiring EGS to book those revenues so they can be
held in a suspense account pending a regulatory determination of their disposition. The PUC has
agreed to address this question at a later date. The administration agrees with the Steering
Committee and recommends that the ordinance attached to this request be adopted by the City
Council.
BACKGROUND
On September 8, 1999, EGS filed its third fuel surcharge case since 1978. Those filings were as
follows:
1. In December, 1998, the PUC approved a fuel surcharge of One -Hundred and Twelve -
Million ($112,000,000) Dollars without any inquiry to the reasonableness of the amount under
a law that allows such a surcharge every six months. The cost associated with the $112,000,000
covered the period July 1, 1996 through June 30, 1998. These costs are being collected on bills
at this time.
2. They filed a reconciliation case this year which was designed to determine the
is reasonableness of the $112,000,000 surcharge obtained in the December, 1998 filing. However,
•
EGS is asking for an additional Thirty -Million ($30,000,000) Dollars in this reconciliation case.
That request covers the period July 1, 1996 to February 28, 1999.
3. The third case filed September 8th of this year seeks an additional Thirty -Four
($34,000,000) Dollars surcharge, once again without any determination of whether the amount
is accurate or not. These "pancake" filings are troublesome because this third filing includes the
period of electric curtailment which occurred on July 23, 1999. For example, on that day,
Entergy was forced to pay up to Twenty-five Hundred ($2,500) Dollars per megawatt hour to
purchase power (compared to a cost on their system to produce such power of Twenty-five to
Thirty ($25 to $30) Dollars per megawatt hour). On that same day, EGS was selling Two -
Hundred Eighty-one (281) megawatts of power from its River Bend Nuclear Plant off system.
This is an approximate 30% share of that plant which Gulf States obtained when Cajun Electric
Co -Operative was declared a bankrupt. EGS in a unilateral decision treated that power as
completely unregulated and decided to keep revenues from the sales of such power for its
shareholders even though they were required to curtail power throughout their system and
purchase power at an exorbitant rate. Had that power been used in the EGS integrated system,
obviously some outages could have been avoided and expensive purchases could have been
curtailed. All of these additional costs are being requested for recovery in the pending fuel cases.
Through the law firm of Butler, Porter, Gay and Day who represents the coalition of cities (the
Steering Committee) in the Entergy service area, we are monitoring and participating in these fuel
cases.
BUDGETARY IMPACT
Any success in these cases will lower electric costs for the city. An exact reduction cannot be
determined at this time.
PREVIOUS ACTION
Council authorized intervention in the fuel cases in 1998.
SUBSEQUENT ACTION
None.
RECOMMENDED BY
City Manager and City Attorney
RECOMMENDED MOTION
Approve/Deny an ordinance requiring EGS to book and suspense revenues related to that portion
of the River Bend Plant which is associated with the bankruptcy of Cajun Electric Co -Operative.
G:caro1\entergsu\entcomem
ORDINANCE NO.
AN ORDINANCE REQUIRING ENTERGY GULF STATES TO
BOOK AND HOLD REVENUES FROM THE SALE OF
POWER FROM THE RIVER BEND NUCLEAR STATION
ATTRIBUTABLE TO THE 281 MW ACQUIRED FROM CAJUN
ELECTRIC COOPERATIVE IN A SUSPENSE ACCOUNT
PENDING FINAL DETERMINATION OF THE REGULATORY
TREATMENT OF THAT PORTION OF RIVER BEND.
WHEREAS, the City of Beaumont, Texas is a regulatory authority under Tex. Util.
Code §33.001, and has original jurisdiction over the rates, operations, and services of
Entergy Gulf States, Inc. (EGS) in the municipality; and,
WHEREAS, on February 1, 1999, the City of Beaumont, other Cities, EGS, and
other parties to EGS' rate case executed a settlement agreement which provided that the
regulatory treatment of the 30% share of River Bend acquired from Cajun Electric Power
0 Cooperative would be determined in the 2001 rate case; and,
WHEREAS, in May, 1999, the Texas Legislature enacted amendments to the Public
Utility Regulatory Act (PURA) which froze rates until January 1, 2002, thus eliminating the
EGS rate case contemplated in the settlement agreement of the parties in PUC Docket No.
20150, and the rate case required by the settlement agreement in the gulf States/Entergy
merger case, PUC Docket No. 11292; and,
WHEREAS, as a result of the legislative changes which eliminated the rate case
required by the Commission's Order in Docket No. 11292 and contemplated in Docket No.
20150, the Public Utility Commission of Texas ordered EGS to address the regulatory
treatment of the 30% of River Bend acquired from Cajun Electric Cooperative in its S.B.
7 implementation proceeding; and,
0
0 WHEREAS, EGS has unilaterally decided to withhold power generated at River
Bend attributable to the 30% share from its Texas retail customers; and
WHEREAS, on July 23, 1999, EGS curtailed service to many firm distribution level
customers because Entergy had insufficient power to supply its Texas retail customers.
During such curtailments, power from the 30% of River Bend acquired from Cajun Electric
Cooperative was sold off the Entergy system; and,
WHEREAS, EGS is selling power generated at River Bend attributable to the 30%
share off system; and,
WHEREAS, the City Council, having considered the changes to the settlement
agreement, PURA, the Public Utility Commission of Texas' orders concerning River Bend,
EGS' service failures, and EGS' sale of power from the 30% of River Bend acquired from
0 Cajun Electric Cooperative off system, is of the opinion that the revenues from the sale of
power attributable to the 30% share of River Bend should be segregated and held in a
suspense account pending regulatory determination of the disposition.
NOW, THEREFORE, BE IT ORDAINED BY THE
CITY OF BEAUMONT
Section 1.
THAT EGS shall book and hold in a suspense account all revenues from the sale
of River Bend power attributable to the 30% share acquired from Cajun Electric
Cooperative pending regulatory determination of the appropriate regulatory treatment of
such power. Such accounting shall begin with the settlement of the various lawsuits
between EGS/Entergy and Cajun Electric Cooperative in December, 1997 and shall
0 include all assets transferred to Entergy or EGS by Cajun at the price paid by Entergy or
EGS for such acquisition. The booking should also reflect the value of nuclear fuel
0 acquired rrom Cajun, settlement proceeds, return of funds from the court registry,
decommissioning funds, and revenues from the sale of power attributable to the 30% share
of River Bend since December, 1997. The booking of revenues shall be updated monthly.
Section 2.
That EGS shall provide the required accounting information and underlying support
in such detail and format, and with such frequency as Cities' consultants, DUCT, and
attorneys, Butler, Porter, Gay & Day, request.
Section 3.
THAT nothing contained in this ordinance shall be construed now or hereafter as
limiting or modifying in any manner, the right and power of the City under the law to
regulate the rates, operations, and services of EGS.
0 Section 4.
That if any section, subsection, sentence, clause or phrase of this ordinance, cr 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 5.
That all ordinances or parts of ordinances in conflict herewith are repealed to the
extent of the conflict only.
�.J
PASSED BY THE CITY COUNCIL of the City of Beaumont on this the
day of 11999.
ATTEST:
City Secretary
•
0
- Mayor -
r�
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13
October 5, 1999
Consider a one year contract with NylCare for a Health Maintenance Organization
10 City of Beaumont
� c
Council Agenda Item
TO: City Council
FROM: Stephen J. Bonczek, City Manager
PREPARED BY: Glenda E. Lundy, Human Resources Director
MEETING DATE: October 5, 1999
AGENDA MEMO DATE: September 27, 1999
REQUESTED ACTION: Council approval of a one year contract with NylCare for a
Health Maintenance Organization
RECOMMENDATION
Administration recommends that Council award a one year contract effective January 1, 2000 for a
Health Maintenance Organization to NylCare Health Plans of the Gulf Coast, Inc.
BACKGROUND
In August 1999, specifications were developed requesting proposals for a Third Party Administrator
(TPA), Preferred Provider Organization (PPO), and a Health Maintenance Organization (HMO)
inclusive of prescription drug benefits. The funding options for an Administrative Services Only
(ASO) and/or fully insured/minimum premium plan were requested. The proposal also requested a
one year contract with the option to renew annually for a period of four additional years. Proposers
could submit a proposal based on the City's current plan or their standard plan design.
On Tuesday, September 7, 1999 proposals were received for a HMO from NYLCare Health Plans
of the Gulf Coast, Inc. and Memorial Sisters of Charity Health Plans (MSCH). PacifiCare
submitted a proposal, however, no rates were included for consideration. After reviewing the
proposed PPO plan, TPA and/or ASO proposals, it was determined that these options would be cost
prohibitive. The rates submitted by the TPAs were higher than the City's current TPA rates.
Therefore, the City decided to continue its current third party party administrator contract with
MSCH which will terminate in September 2000.
Staff conducted telephone interviews with NylCare and MSCH to obtain additional information and
clarification of data submitted. Staff reviewed the MSCH HMO which has been in operations since
1995 The MSCH HMO without the prescription drug plan would exceed the current cost of
NylCare HMO by $33,000/month. The MSCH HMO has 263 physicians compared to 302 in the
Council Agenda Item
Page 2
September 27, 1999
NylCare network. MSCH network does not include the independent physician association group
model (IPA) structure as what exist with NylCare. A IPA structure limits the specialist selection to
a specialist within that physician association group. MSCH does not have the capability to provide
electronic eligibility nor does it allow self -billing. These services are important to the continued
efficient and effective operations of the administration of a medical plan. Also, St. Mary and St.
Elizabeth's hospitals are the only local hospitals that are included in the MSCH HMO. Therefore,
employees would not have access to Memorial Hermann Baptist, Mid Jefferson, Park Place or
Beaumont Medical Surgical Hospitals.
The City's current contract with NylCare Health Plans of the Gulf Coast, Inc. for the HMO will
terminate on December 31, 1999. In FY99, the total premiums remitted to NylCare was $3,104,196,
of which $247,737 was paid in September 1999. This monthly premium was based on the medical
plan enrollment of 805 employees/retirees/Cobra participants. NylCare will continue to offer the
current basic benefits with a copay of $100 and $25 for inpatient hospital and oupatient surgery
respectively and no copay for preventive care benefits. The independent physician association group
model which usually limits referral by the primary care physician to a specialist within that physician
group will continue. Administrative services such as Cobra administration and electronic eligibility
will remain the same. NylCare proposed that their contract rates remain the same for FY2000.
Attachment A reflects a comparison of the proposals discussed herein.
The rates for next year will be $127.71 for employee only, $307.80 for an emp'_oyee with one
dependent and $438.06 for an employee with two or more employees. The projected monthly
premium cost for the new contract will be approximately $248,172 and is based on the current
monthly enrollment of 805.
BUDGETARY IMPACT
Appropriation of funds is available in the Managed HealthCare Claims line item of the Employee
Benefits Fund in the amount of $3,400,000.
PREVIOUS ACTION
None
SUBSEQUENT ACTION
None
RECOMMENDED BY City Manager and Human Resources Director
RECOMMENDED MOTION
Approve/Deny authorizing the award of a one year contract to NylCare Health Plans of the Gulf
Coast, Inc. for a Health Maintenance Organization effective January 1, 2000 at the current rates.
clmo2000
•
•
Attachment A
2000 HMO Proposed Monthly Cost Comparison
' Amounts do not include COBRA adminstration cost
** Blue Cross/Blue Shield has purchased NYLCare Healthcare of the Gulf Coast
2000 HMO Proposed Monthly Rate Comparison
% of
Current
Monthly
Base
$248,810
113%
100%
Company
EO
E1
E2
Total
MSCH 10/0 HMO
EO
E1
E2
Projected
without Prescription
Monthly
Monthly
Monthly
Monthly
Company
(259)
(180)
(366)
Cost *
NYLCare HMO City's
127.71
307.80
438.06
(805)
MSCH 10/0 HMO
37,506
62,820
181,796
282,122
without Prescription
Drug
NYLCare HMO City's
33,076
55,404
160,330
248,810
Current Plan without
Prescription Drug **
' Amounts do not include COBRA adminstration cost
** Blue Cross/Blue Shield has purchased NYLCare Healthcare of the Gulf Coast
2000 HMO Proposed Monthly Rate Comparison
% of
Current
Monthly
Base
$248,810
113%
100%
Company
EO
E1
E2
Comments
MSCH 10/0 HMO
144.81
349.00
496.71
without Prescription
Drug
NYLCare HMO City's
127.71
307.80
438.06
Current Plan without
Prescription Drug
NYLCare current rates - EO - $127.71; E1 - $307.80; E2 - $438.06
0 JRS C:\OFFICE\WPWIN\WPDOCS\CONTRACT.BID\BIDCOMPA\2000HM03.WPD 927/99 8:49 am
•
•
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14
October 5, 1999
Consider a one year contract for medical stop loss insurance with Standard Security
Life Insurance Company of New York
t '~1 City of Beaumont
Council Agenda Item
� c
TO: City Council
FROM: Stephen J. Bonczek, City Manager
PREPARED BY: Glenda E. Lundy, Human Resources Director
MEETING DATE: October 5, 1999
AGENDA MEMO DATE: October 1, 1999
REQUESTED ACTION: Council approval of a one year contract for medical stop loss
insurance with Standard Security Life Insurance Company of
NewYork.
RECOMMENDATION
Administration recommends that Council award a one year contract effective January 1, 2000 for
medical stop loss insurance to Standard Security Life Insurance Company of NewYork for which
FARA Benefit Services is the agent.
BACKGROUND
In July 1999, specifications were developed and proposals were solicited for stop loss insurance
for the City's self-funded indemnity medical plan. The City received three proposals for stop loss
insurance from Texas Municipal League (TML), Reliastar and FARA Benefit Services on August
9, 1999. The results of the proposals are attached for your review.
The City is self-insured for its medical indemnity insurance plan. The City's maximum liability
or individual stop loss is $150,000 per plan participant with benefits paid at 100% with a
maximum individual benefit of $850,000. All claims are handled on an incurred/paid basis of
12/15. This means that claims which are incurred during the contract period are paid during the
contract period and the three months following the end of the contract. For example, claims
incurred during the period of 1/1/99 to 12/31/99 are paid during the period of l/1/99 through
3/1/2000. The City has chosen to purchase stop loss insurance to absorb the cost of a claim for
any individual which is in excess of $150,000.
The City's medical indemnity plan provides coverage for approximately 1,795 plan participants
of which 552 are active employees; 1,094 are dependents of active employees, 85 are retirees
and/or COBRA and 64 are dependents of retirees/COBRA participants. The stop loss premium
is based on the monthly enrollment of plan members which is currently 637. Of the plan members
(employees/retirees/COBRA), approximately 488 have dependent coverage.
Council Agenda Item
Page 2
October 1, 1999
The proposal submitted by FARA for Standard Security will offer the same level of coverage as
currently in effect. American Stop Loss submitted a quote; however, claims data through 10/99
must be submitted in order to receive a final quote. Reliastar's proposal was unacceptable due to
the company's intent of lasering specific individuals to higher deductibles, if warranted, after
reviewing large claims' data.
The City's stop loss insurance is currently through American Fidelity Assurance
Company/MARC. The City paid premiums in the amount of $55,403 in 1998 for stop loss
insurance and experienced no reimbursements as all individual claims were less than $150,000.
Since January 1999, the City has paid $43,436 in premiums and has received reimbursements
totaling $1,638. MARC has provided good services and very timely responses over the past two
years.
Administration recommends awarding a one year contract for stop loss insurance effective January
1, 2000 to Standard Security Life Insurance Company of NewYork for which FARA Benefit
Services is the agent. Standard Security will provide the same level of coverage as is currently
in effect. The rates will be $5.20 for single coverage and $12.76 for family coverage. Standard
Security has an A.M. Best Rating of A. The first year estimated annual premium of $ 84,020 is
based on current enrollment of 637 plan members. This projected premium increase is attributed
to the recent state statute change which prohibits an insurance company from raising the individual
stop loss (from $150,000 after submitting a quote) for a member who has an illness that could
generate large claims' dollars. For example, while quotes were submitted in 8/99, a member
could have a 6 months premature baby in 11/99 which could result in a large claim, the insurance
company cannot change the rates quoted. Also, in Beaumont based on the cost of medical care,
the stop loss rates in the industry are approximately 20% above last year's rates.
BUDGETARY D4PACT
Appropriation of funds for this expenditure is available in the Employee Benefit Fund in the
FY2000 budget.
PREVIOUS ACTION
None
SUBSEQUENT ACTION
None
RECOMMENDED BY City Manager and Human Resources Director
RECOMMENDED MOTION
Approve/Deny authorizing the award of a one year contract for stop loss insurance effective
January 1, 2000 to Standard Security Life Insurance Company of NewYork for which FARA
Benefit Services is the agent.
astop2000
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Consider a contract for excess workers' compensation insurance
•
•
15
October 5, 1999
�1 .- 1 City of Beaumont
Council Agenda Item
TO: City Council
FROM: Stephen J. Bonczek, City Manager
PREPARED BY: Joel Sistrunk, Safety Coordinator
MEETING DATE: October 5, 1999
AGENDA MEMO DATE: October 1, 1999
REQUESTED ACTION: Council consider the approval of a contract for excess workers'
compensation insurance.
REC0NE%IENDATION
Administration recommends that Council approve a contract for excess workers' compensation
insurance with R.O. Williams & Company, agent for Gulf Insurance Company, for fifteen
months with an option to renew for two additional years at the same rate.
BACKGROUND
In August 1999, specifications were developed requesting proposals for specific excess workers'
compensation insurance. The City received proposals from four (4) agents representing five
companies on September 13, 1999. A summary of the proposal tabulations is attached for review.
The City is self-insured for its workers' compensation coverage. The excess insurance coverage
limits the City's liability for claims from any one job related injury or accident. The City's
liability is called Self -Insured Retention (SIR). In other words, the insurance carrier will cover
all costs incurred on any individual claim more than $500,000 up to a maximum of $10,000,000.
The City's past loss experience has been very good. The highest incurred claim for the past five
years is $210,066. The current level of coverage will remain in effect.
Zurich American Insurance Company has been the current insurance provider for two (2) years.
Approximately 1,330 full-time employees and 300 part-time, temporary and/or casual employees
are covered by workers' compensation. Zurich American decided to discontinue providing single
line workers' compensation coverage to employers. This resulted in Zurich American cancelling
the City's contract effective October 1, 1999.
Council Agenda Item
Page 2
October 1, 1999
Administration recommends awarding the contract for excess workers' compensation insurance to
R.O. Williams & Company, agent for Gulf Insurance Company. The initial contract will be for
fifteen months with an option to renew for two additional years at the same rate. Gulf Insurance
Company will provide the same level of coverage that is currently in effect. Gulf Insurance Company
also has an A.M. Best rating of A+.
Based on an estimated payroll of $57,744,790, the estimated premium for fifteen months will be
$26,687 which includes a one time placement fee of $500. The projected annual premium for each
of the other years based on the FY2000 annual payroll will be $20,480. The rate for the fifteen
months is slightly higher than the prior two years' premiums (1998 - $19,973 and 1999 - $19,205)
with Zurich American. The slightly higher rate increase is based on projected rates in the industry
for the contract period. Finally, the reason for the fifteen months quote is that the City would like
all insurance premiums to be calendar year based versus fiscal year.
BUDGETARY IMPACT
Appropriation of funds for this expenditure is available in the Employee Benefits Fund.
PREVIOUS ACTION
None
SUBSEQUENT ACTION
None
RECOMMENDED BY City Manager and Human Resources Director
RECOMMENDED MOTION
Approve/Deny authorizing the award of a contract for excess workers' compensation insurance with
R.O. Williams & Company, agent for Gulf Insurance Company, for fifteen months with the option
to renew for two additional years at the same rate.
Attachment
Wcex2000
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16
October 5, 1999
Consider a five-year financing agreement for the purchase of one standby
emergency generator
� City of Beaumont
..�-� Council Agenda Item
� c
•
I"]
TO: City Council
FROM: Stephen J. Bonczek, City Manager
PREPARED BY: Kirby Richard, Central Services Director
MEETING DATE: October 5, 1999
AGENDA MEMO DATE: September 20, 1999
REQUESTED ACTION: Council approval of a resolution to award a bid for a financing
agreement.
RECOMMENDATION
Administration recommends award of a bid for a five year financing agreement with a fixed
interest rate of 5.275% to Banc One Leasing Corporation for the purchase of one standby
emergency generator.
BACKGROUND
Four bids were received on Monday, September 20, 1999, for financing the purchase and
installation of an emergency standby generator at the Water Production Plant. This project was
authorized by City Council on August 11, 1998 at a cost of $487,000. One change order
increasing the total cost by $61,691.70 was authorized on June 1, 1999. The project was
completed in August 1999. Bids were requested for a fixed interest rate with the first annual
payment in arrears.
The bids received are as follow:
Financial Institution
Location
Interest Rate
Banc One Leasing Corporation
Corsicana, TX
5.275%
Koch Financial Corporation
Wichita, KS
5.310%
Carlyle Capital Markets, Inc.
Dallas, TX
5.40%
Banc Leasing.com, Inc.
McKinney, TX
5.90%
F,nancing Agreement
September 20, 1999
Page 2
BUDGETARY IMPACT
An amortization schedule indicating the cost of the financing agreement is as follows:
Payment No.
Payment Amount
Interest
Principal
Purchase
Option
1
$127,698.90
$28,943.49
$ 98,755.41
$449,936.29
2
$127,698.90
$23,734.14
$103,964.76
$345,971.53
3
$127,698.89
$18,249.99
$109,448.90
$236,522.63
4
$127,698.90
$12,476.57
$115,222.33
$121,300.30
5
$127,698.89
$6,398.59
$121,300.30
-0-
TOTAL
$638,494.48
$89,802.78
$548,691.70
• The City's Finance Officer compared the cost of financing the equipment purchased to the cost
of paying for the equipment in full. In the past, savings have been realized from this type of
arrangement. Based on current investment rates, the City would earn 588,574 over the term of
the agreement resulting in a potential net borrowing cost of $1,228.
The first annual payment of $127,698.90 will be due one year after execution of the agreement.
PREVIOUS ACTION
The purchase and installation of the standby emergency generator was authorized by Council on
August 11, 1998 at a cost of $487,000. A change order in the amount of $61,691.70 was
approved by Council on June 1, 1999.
SUBSEQUENT ACTION
None
RECOWNIENDED BY
The City Manager, Finance Officer and Central Services Director.
RECOMMENDED ACTION
Approve/Deny a resolution accepting a bid from Banc One Leasing Corporation for a five year
financing agreement with a fixed interest rate of 5.275% for the purchase of one standby emergency
generator.
� MEMO
To: Stephen J. Bonczek, City Manager
From: Beverly P. Hodges, Finance Office
Date: Monday, September 20, 1999
Subject: Lease Purchase Financing
The City has approved the purchase of a standby generator for use in the Water
Utilities Department costing $548,691.70 for which lease purchase financing is
available. The lowest quoted interest rate is a fixed rate of 5.27% for five years in
arrears which was received from Banc One Leasing Corp. Group to finance (Municipal
Lease Purchase) the purchase of the generator.
If the City invested the purchase price at our current yield we would earn $141,408.
The cost of interest to finance the purchase of the equipment is projected at $89,802.
Since we will be making annual payments on the lease purchase, we must factor in the
annual payment as a reduction in the cash available for investment. As a result we
would earn $88,574 over the term of the lease purchase which is a net interest cost of
$1,228 and would retain the use of our money for the length of the financing.
Purchase out of current Net cost from investment of
funds (loss of the use of current funds and Lease
funds) Purchase financing
($141,408) $1,228
It is my recommendation that we use the Municipal Lease Purchase, which would allow
us the flexibility of keeping an adequate fund balance and realize the benefit of a net
borrowing cost of $1,228 on the purchase of a long-term fixed asset relative to the
payment schedule of the financing.
•
0 17
October 5, 1999
Consider authorizing an architectural services agreement with Architectural
Alliance, Inc. for the renovation of the old municipal court area located in the Police
Building
•
� ���... City of Beaumont
.�-Council Agenda Item
TO: City Council
FROM: Stephen J. Bonczek, City Manager
PREPARED BY: Kirby Richard, Central Services Director
MEETING DATE: October 5, 1999
AGENDA MEMO DATE: September 29, 1999
REQUESTED ACTION: Council authorize the City Manager to execute an architectural
services agreement with Architectural Alliance, Inc. for the
renovation of the old municipal court area located in the Police
Building.
RECOMMENDATION
Administration recommends approval of a resolution granting the City Manager the authority to
execute an agreement with Architectural Alliance, Inc. for the design and contract management
of renovations to the old municipal court area.
BACKGROUND
The project provides for the renovation of approximately 7,000 square feet of the police station
which was used as the municipal court and its supporting office area. Once renovated, the area
will be used as office space for the Police Department. Total cost of the renovation project is
estimated to be $300,000.
The proposed architectural agreement provides for the design and construction contract
management of the renovation project. Other basic services include schematic design, construction
document development, and contract bidding. Compensation for the architectural services is 107
of the project construction cost. A copy of the proposed agreement is attached for your review.
Architectural Alliance, Inc. recently completed a space utilization study for the entire building and
is familiar with the proposed use of the vacated space.
Completion of the design and construction document phases is anticipated within 45 days of the
agreement's execution. Renovations are expected to be completed within 90 days of the
contractor's notice to proceed. Occupancy of the renovated office space is anticipated by the first
of April.
Architectural Services Agreement
September 29, 1999
Page 2
BUDGETARY IMPACT
The agreement provides for a fee of 10% of the project construction cost. Funds, in the amount
of $300,000, are budgeted in the General Improvements Fund for the renovation project.
PREVIOUS ACTION
None
SUBSEQUENT ACTION
None
RECOMMENDED BY
City Manager, Central Services Director, and Police Chief.
RECOMMENDED MOTION
Approve/Deny a resolution authorizing the City Manager to execute an architectural services
agreement with Architectural Alliance, Inc. for renovations to the old municipal court area located
in the Police Building.
0
• AGREEMENT FOR ARCHITECTURAL SERVICES
This Agreement made as of the day of , 1999 between the
City of Beaumont, Texas, hereinafter referred to as "Owner," and Architectural Alliance, Inc., hereinafter
referred to as "Architect" for the following Project: Development and Construction of Beaumont Police
Station/Municipal Court Renovations, City of Beaumont, Texas, hereinafter referred to as "Project." The
Owner and Architect agree as set forth below.
ARTICLE 1
ARCHITECTS' RESPONSIBILITIES
1.1 ARCHITECTS' SERVICES
1.1.1 The Architect's services consist of those services performed by the Architect,
Architect's employees and Architect's consultants as enumerated in Articles 2 and
3 of this Agreement and any other services included in Article 11.
1.1.2 The Architect's services shall be performed as expeditiously as is consistent with
a high degree of prof,-ssional skill, care, and diligence practiced by Architects of
Jefferson County and the orderly progress of the Work. The term "high degree of
professional skill" shall not be construed as perfection, but shall mean that degree
of care and skill ordinarily exercised by the architectural profession currently
practicing under similar circumstances. Upon request of the Owner, the Architect
shall submit for the Owner's approval a schedule for the performance of the
Architect's services which may be adjusted as the Project proceeds, and shall
include allowances for periods of time required for the Owner's review and for
approval of submissions by authorities having jurisdiction over the Project. Time
limits established by this schedule and approved by the Owner shall not, except for
reasonable cause, be exceeded by the Architect or Owner, and any adjustments to
this schedule shall be mutually acceptable to both parties.
1.1.3 The services covered by this Agreement are subject to the time limitations
contained in Subparagraph 10.4.1.
ARTICLE 2
SCOPE OF ARCHITECT'S BASIC SERVICES
2.1 DEFINITION
2.1.1 The Architect's Basic Services consist of those described in Paragraphs 2.2 through
2.6 and any other services identified in Article 11 as part of Basic Services, and
include without limitation normal structural, mechanical, civil, and electrical
engineering services and any other engineering services necessary to produce a set
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of Construction Documents, which will be sufficient and adequate to fulfill the
purposes of this project (see 2.3.1), as described by and required in Paragraph 2.4.
2.2 SCHEMATIC DESIGN PHASE
2.2.1 The Architect, in consultation with the Owner, shall develop a written program for
the Project to ascertain Owner's needs and to establish the requirements for the
Project.
2.2.2 The Architect shall provide a preliminary evaluation of the Owner's program,
construction schedule and construction budget requirements, each in terms of the
other, subject to the limitations set forth in Subparagraph 5.2.1.
2.2.3 The Architect shall review with the Owner alternative approaches to design and
construction of the Project.
2.2.4 Based on the mutually agreed-upon program, schedule and construction budget
requirements, the Architect shall prepare, for approval by the Owner, Schematic
Design Documents consisting of drawings and other documents illustrating the
scale and relationship of Project components. The Schematic Design shall
contemplate compliance with applicable laws, statutes, ordinances, codes and
regulations.
2.2.5 The Architect shall submit to the ONvner a preliminary detailed estimate of
Construction Cost based on current area, volume or other unit costs and which
indicates the cost of each category of work involved in constructing the Project and
establishes an elapsed time factor for the period of time from the commencement
to the completion of construction.
2.3 DESIGN DEVELOPMENT PHASE
2.3.1 Based on the approved Schematic Design Documents and any adjustments
authorized by the Owner in the program, schedule or construction budget, the
Architect shall prepare for approval by the Owner, Design Development Documents
consisting of drawings and other documents to fix and describe the size and
character of the Project as to architectural, structural, mechanical, and electrical
systems, materials and such other elements as may be appropriate, which shall
comply with applicable laws, statutes, ordinances, codes and regulations. If any
such laws, statutes, ordinances, codes or regulations are in conflict with one
another, Architect must consult with Owner. Notwithstanding Owner's approval of
the documents, Architect will provide Documents and specifications 'xhich «will be
sufficient and adequate to fulfill the purposes of the Project.
2.3.2 The Architect shall advise the Owner of any adjustments to the preliminary estimate
of Construction Cost in a further Detailed Statement as described in Paragraph
2.2.5.
0 2.3.3 Providing interior design and similar services required for or in connection with
the selection, procurement or installation of furniture, furnishings and related
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equipment.
2.4 CONSTRUCTION DOCUMENTS PHASE
2.4.1 Based on the approved Design Development Documents and any further
adjustments in the scope or quality of the Project or in the construction budget
authorized by the Owner, the Architect shall prepare, for approval by the Owner,
Construction Documents consisting of Drawings and Specifications setting forth in
detail requirements for the construction of the Project, which shall comply with
applicable laws, statutes, ordinances, codes and regulations. If any such laws,
statutes, ordinances, codes or regulations are in conflict with one another, Architect
must consult with Owner.
2.4.2 The Architect shall, with assistance of the Owner, prepare the necessary bidding
information, bidding forms, the Conditions of the contract, and the form of
Agreement between the Owner and contractor, and other required bidding
documents necessary to provide the Owner a completed bid document.
2.4.3 The Architect shall advise the Owner of any adjustments to previous preliminary
estimates of Construction Cost indicated by changes in requirements or general
market conditions.
2.4.4 The Architect shall assist the Owner in connection with the Owner's responsibility
for filing documents and submissions required for the approval of other
governmental authorities having jurisdiction over the Project.
2.5 BIDDING
2.5.1 The Architect, following the Owner's Approval of the Construction Documents and
of the latest preliminary detailed estimate of Construction Cost, shall assist the
Owner in obtaining bids and assist in awarding and preparing contracts for
construction.
2.5.2 If the lowest bid for the construction of the Project exceeds the total construction
cost of the Project as set forth in the approved Detailed Statement of Estimated
Construction Costs of the Project submitted by the Architect, then the Architect, at
its sole cost and expense, will revise the Construction Documents in a continuous
fashion so that they are completed in a timely manner as may be required by the
Owner to reduce or modify the quantity or quality of the work so that the total
construction cost of the Project will not exceed the total construction cost set forth
in the approved Detailed Statement of Probable Construction Costs.
2.6 CONSTRUCTION PHASE - ADMINISTRATION OF THE CONSTRUCTION
CONTRACT
2.6.1 The Architect's responsibility to provide Basic Services for the Construction Phase
under this Agreement commences with the award of the Contract for Construction
and terminates at the completion of the one (1) year warranty period.
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2.6.2 The Architect shall provide administration of the Contract for Construction as set
forth below and in the edition of AIA Document A201, General Conditions of the
Contract for Construction, current as of the date of this Agreement, unless
otherwise provided in this Agreement or approved by the City.
2.6.3 Construction Phase duties, responsibilities and limitations of authority of the
Architect shall not be restricted, modified or extended without written agreement
of the Owner and Architect.
2.6.4 The Architect shall be a representative of and shall advise and consult with the
Owner (1) during construction, and (2) at the Owner's direction from time to time
during the correction, or warranty period described in the Contract for Construction.
The Architect shall have authority to act on behalf of the Owner only to the extent
provided in this Agreement unless otherwise modified by written instrument.
2.6.5 The Architect shall visit the construction site at least two times a week, regardless
of whether construction is in progress, to become familiar with the progress and
quality of the Work completed and to determine if the Work is being performed in
a manner indicating that the Work, when completed, will be in accordance with the
Contract Documents. Architect shall provide Owner a written report subsequent to
each on-site visit. On the basis of on-site observations as an Architect, the
Architect shall keep the Owner informed of the progress and quality of the Work,
and shall exercise care and diligence in discovering and promptly reporting to the
O«ner any defects or deficiencies in the Nvork of Contractor or any subcontractors.
is The Architect represents that he will follow professional standards as described in
1. 1.2 herein in performing all Services under this Agreement. The Architect shall
promptly correct any defective designs or specifications furnished by the Architect
at no cost to the Owner. The Owner's approval, acceptance, use of or payment for
all or any part of the Architect's services hereunder or of the Project itself shall in
no way alter the Architect's obligations or the Owner's rights hereunder.
2.6.6 The Architect shall not have control over or charge of and shall not be responsible
for construction means, methods, techniques, sequences or procedures, or for safety
precautions and programs in connection with the Work. The Architect shall not be
responsible for the Contractor's schedules or failure to carry out the Work in
accordance with the Contract Documents. The Architect shall not have control over
or charge of acts or omissions of the Contractor, Subcontractors, or their agents or
employees, or of any other persons performing portions of the Work.
2.6.7 The Architect shall at all times have access to the Work wherever it is in
preparation or progress, but shall have no responsibility for job site safety.
2.6.8 Except as may otherwise be provided in the Contract Documents or when direct
communications have been specially authorized, the Owner and Contractor shall
communicate through the Architect. Communications by and with the Architect's
consultants shall be through the Architect.
2.6.9 Based on the Architect's observations at the site of the work and evaluations of the
0 Contractor's Applications for Payment, the Architect shall review and certify the
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amounts due the Contractor.
2.6.10 The Architect's certification for payment shall constitute a representation to the
Owner, based on the Architect's observations at the site as provided in
Subparagraph 2.6.5 and on the data comprising the Contractor's Application for
Payment, that the Work has progressed to the point indicated and that the quality
of the Work is in accordance with the Contract Documents. The foregoing
representations are subject to minor deviations from the contract Documents
correctable prior to completion and to specific qualifications expressed by the
Architect. The issuance of a Certificate for Payment shall further constitute a
representation that the Contractor is entitled to payment in the amount certified.
However, the issuance of a Certificate for Payment shall not be a representation that
the Architect has (1) reviewed construction means, methods, techniques, sequences
or procedures, or (2) ascertained how or for what purpose the Contractor has used
money previously paid on account of the Contract Sum.
2.6.11 The Architect shall have the authority to reject Work which does not conform to the
Contract Documents and shall consult with Owner. Whenever the Architect
considers it necessary or advisable for implementation of the intent of the Contract
Documents, the Architect will have authority to recommend to the Owner
additional inspection or testing of the Work in accordance with the provisions of the
Contract Documents, whether or not such Work is fabricated, installed or
completed. However, neither this authority of the Architect nor a decision made in
good faith either to exercise or not exercise such authority shall give rise to a duty
or responsibility of the Architect to the Contractor, Subcontractors, material and
equipment suppliers, their agents or employees or other persons performing
Portions of the Work.
2.6.12 The Architect shall review and approve or take other appropriate action upon
Contractor's submittals such as Shop Drawings, Product Data and Samples for the
purpose of (1) determining compliance with applicable laws, statutes, ordinances
and codes; and (2) determining whether or not the Work will be in compliance with
the requirements of the Contract Documents. The Architect shall act with such
reasonable promptness to cause no delay in the Work or in the construction of the
Owner or of separate contractors, while allowing sufficient time in the Architect's
professional judgment to permit adequate review. Review of such submittals is not
conducted for the purpose of determining the accuracy and completeness of other
details such as dimensions and quantities or for substantiating instructions for
installation or performance of equipment or systems designed by the Contractor, all
of which remains the responsibility of the Contractor to the extent required by the
Contract Documents. The Architect's review shall not constitute review or approval
of safety precautions, nor of construction means, methods, techniques, sequences
or procedures. The Architect's approval of a specific item shall not indicate
approval of an assembly of which the item is a component. When professional
certification of performance characteristics of materials, systems or equipment is
required by the Contract Documents, the Architect shall be entitled to rely upon
such certification to establish that the materials, systems or equipment will meet the
performance criteria required by the Contract Documents.
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2.6.13 The Architect shall prepare Change Orders and Construction Change Directives,
with supporting documentation and data if deemed necessary by the Architect as
provided in Subparagraphs 3. 1.1 and 3.3.3, for the Owner's approval and execution
in accordance with the Contract Documents, and may authorize minor changes in
the Work not involving an adjustment in the Contract Sum or an extension of the
Contract Time which are not inconsistent with the intent of the Contract
Documents.
2.6.14 On behalf of the Owner, the Architect shall conduct inspections to determine the
dates of Substantial Completion and Final Completion, and shall issue Certificates
of Substantial and Final Completion. The Architect will receive and review written
guarantees and related documents required by the Contract for Construction to be
assembled by the Contractor and shall issue a final certificate for Payment upon
compliance with the requirements of the Contract Documents.
2.6.15 The Architect shall interpret and provide recommendations on matters concerning
performance of the Owner and Contractor under the requirements of the Contract
Documents on written request of either the Owner or Contractor. The Architect's
response to such requests shall be made with reasonable promptness and within any
time limits agreed upon.
2.6.16 Interpretations and decisions of the Architect shall be consistent with the intent of
and reasonably inferable from the Contract Documents and shall be in writing or
in the form of drawings. When making such interpretations and initial decisions.
the Architect shall endeavor to secure faithful performance by both Owner and
Contractor, and shall not be liable for results or interpretations or decisions so
rendered in good faith in accordance with all the provisions of this Agreement and
in the absence of negligence.
2.6.17 The Architect shall render written decisions within a reasonable time on all claims.
disputes or other matters in question between the Owner and Contractor relating to
the execution or progress of the Work as provided in the Contract Documents.
2.6.18 The Architect (1) shall render services under the Agreement in accordance with the
professional standards as described in paragraph 1.1.2 herein; and (2) by
acknowledging payment by the Owner of any fees due, shall not be released from
any rights the Owner may have under the Agreement or diminish any of the
Architect's obligations thereunder.
2.6.19 The Architect shall provide the Owner with one (1) set of reproducible prints
showing all significant changes to the Construction Documents during the
Construction Phase. Drawings shall indicate significant changes in the Work made
during construction based on marked -up prints, drawings and other data furnished
by the Contractor to the Architect. Drawings shall also be furnished to the Owner
in a computer file format, readable by AutoCad version 14.
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ARTICLE 3
ADDITIONAL SERVICES
3.1 GENERAL
3.1.1 The services described in this Article 3 are not included in Basic Services unless so
identified in Article 11, and they shall be paid for by the Owner as provided in this
Agreement, in addition to the compensation for Basic Services. The services
described under Paragraphs 3.2 and 3.4 shall only be provided if authorized or
confirmed in writing by the Owner. If services described under Contingent
Additional Services in Paragraph 3.3 are required due to circumstances beyond the
Architect's control, the Architect shall notify the Owner prior to commencing such
services. If the Owner deems that such services described under Paragraph 3.3 are
not required, the Owner shall give prompt written notice to the Architect. If the
Owner indicates in writing that all or part of such Contingent Additional Services
are not required, the Architect shall have no obligation to provide those services.
Owner will be responsible for compensating the Architect for Contingent
Additional Services only if they are not required due to the negligence or fault of
Architect.
3.2 PROJECT REPRESENTATION BEYOND BASIC SERVICES
3.2.1 If more extensive representation at the site than is described in Subparagraph 2.6.5
is required, the Architect shall provide one or more Project Representatives to assist
in carrying out such additional on-site responsibilities.
32.2 Project Representatives shall be selected, employed and directed by the Architect,
and the Architect shall be compensated therefore as agreed by the Owner and
Architect. The duties, responsibilities and limitations of authority of Project
Representatives shall be as described in the edition of AIA Document B352 current
as of the date of this Agreement, unless otherwise agreed.
3.3 CONTINGENT ADDITIONAL SERVICES
3.3.1 Making material revisions in Drawings, Specifications or other documents when
such revisions are:
3.3.1.1 inconsistent with approvals or instructions previously given by the Owner,
including revisions made necessary by adjustments in the Owner's program
or Project budget:
3.3.1.2 required by the enactment or revision of codes, laws or regulations
subsequent to the preparation of such documents, or
3.3.1.3 due to changes required as a result of the Owner's failure to render decision
0in a timely manner.
3.3.2 Providing services required because of significant changes in the Project including,
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but not limited to, size, quality, complexity, the Owner's schedule, or the method
of bidding and contracting for construction, except for services required under
Subparagraph 2.5.2.
3.3.3 The Architect shall provide documents for alternate, separate or sequential bids or
providing services in connection with bidding or construction prior to the
completion of the Construction Documents Phase.
3.3.4 Providing consultation concerning replacement of Work damaged by fire or other
cause during construction, and furnishing services required in connection with the
replacement of such Work.
3.3.5 Providing services made necessary by the default of the Contractor, or by failure
of performance of either the Owner or Contractor under the Contract for
Construction.
3.3.6 Providing services in connection with a public hearing, arbitration proceeding or
legal proceeding except where the Architect is party thereto.
3.4 OPTIONAL ADDITIONAL SERVICES
3.4.1 Providing financial feasibility or other special studies.
3.4.2 Providing planning surveys, site evaluations or comparative studies of prospective
sites, if required.
3.4.3 Providing special surveys, environmental studies and submissions required for
approvals of governmental authorities or others having jurisdiction over the Project
not addressed in Basic Services.
3.4.4 Providing services relative to future facilities, systems and equipment.
3.4.5 Providing services to investigate existing conditions or facilities or to make
measured drawings thereof.
3.4.6 Providing services to verify the accuracy of drawings or other information fumished
by the Owner.
3.4.7 Providing coordination of construction performed by separate contractors or by the
Owner's own forces and coordination of services required in connection with
construction performed and equipment supplied by the Owner.
3.4.8 Providing services in connection with the work of a construction manager or
separate consultants retained by the Owner.
3.4.9 Providing detailed quantity surveys or inventories of material, equipment and labor.
3.4.10 Making investigations, inventories of materials or equipment, or valuations and
0 detailed appraisals of existing facilities.
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3.4.11 Providing assistance in the utilization of equipment or systems such as testing,
adjusting and balancing, preparation of operation and maintenance manuals,
training personnel for operation and maintenance and consultation during operation.
3.4.12 Providing services other than as provided in Section 2.6.4, after issuance to the
Owner of the final Certificate for Payment and expiration of the Warranty period
of the Contract for Construction.
3.4.13 Providing services of consultants for other than architectural, landscape
architecture, structural, mechanical, civil and electrical engineering portions of the
Project provided as a part of Basic Services.
3.4.14 Providing any other services not otherwise included in this Agreement or not
customarily furnished in accordance with generally accepted Architectural practice.
ARTICLE 4
OWNER'S RESPONSIBILITIES
4.1 The Owner shall consult with the Architect regarding requirements for the Project, including
(1) the Owner's objectives, (2) schedule and design constraints and criteria, including space
requirements and relationships, flexibility, expendability, special equipment, systems and
40 site requirements, as more specifically described in Paragraph 2.2.1.
4.2 The Owner shall establish and update an overall budget for the Project, including the
Construction Cost, the Owner's other costs and contingencies related to all of these costs.
4.3 The Owner shall designate a representative authorized to act on the Owner's behalf with
respect to the Project. The Owner or such authorized representative shall render decisions
in a timely manner pertaining to documents submitted by the Architect in order to avoid
unreasonable delay in the orderly and sequential progress of the Architect's services.
4.4 The Owner shall furnish the services of geotechnical engineers when such services are
requested by the Architect and agreed to by the Owner. Such services may include but are
not limited to test borings, test pits, determinations of soil bearing values, percolation tests,
evaluations of hazardous materials and hazardous materials storage, ground corrosion and
resistivity tests, including necessary operations for anticipating subsoil conditions, with
reports and appropriate professional recommendations.
4.> The Owner shall furnish structural, mechanical, chemical, air and water pollution tests, tests
of hazardous materials, and other laboratory and environmental tests, inspections and
reports required by law or the Contract Documents.
4.6 The Owner shall furnish all legal, accounting and insurance counseling services as may be
necessary at any time for the Project, including auditing services the Owner may require to
verify the Contractor's Applications for Payment or to ascertain how or for what purposes
the Contractor has used the money paid by or on behalf of the Owner.
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4.7 The services, information, surveys and reports required by Paragraphs 4.5 through 4.7 shall
be furnished at the Owner's expense, and the Architect shall be entitled to rely upon the
accuracy and completeness thereof in the absence of any negligence on the part of the
Architect.
4.8 The Owner shall give prompt written notice to the Architect if the Owner becomes aware
of any fault or defect in the Project or nonconformance with the Contract Documents.
4.9 Architect shall propose language for certificates or certifications to be requested of the
Architect or Architect's consultants and shall submit such to the Owner for review and
approval at least fourteen (14) days prior to execution. The Owner agrees not to request
certifications that would require knowledge or services beyond the scope of this Agreement.
4.10 The Owner shall furnish surveys describing physical characteristics, legal limitations and
utility locations for the site of the Project, and a written legal description of the site. The
surveys and legal information shall include, as applicable, grades and lines of streets, alleys,
pavements and adjoining property; adjacent drainage; rights-of-way, flood plains
restrictions, easements, encroachments, zoning, deed restrictions, boundaries and contours
of the site; locations, dimensions and necessary data pertaining to existing buildings, other
improvements; and information concerning available public utility services and lines both
public and private, above and below grade, including inverts and depths.
ARTICLE 5
CONSTRUCTION COST
5.1 DEFINITION
5.1.1 The Construction Cost, or estimated construction cost, shall be the total cost to the
Owner of all elements of the Project designed or specified by the Architect.
5.1.2 The Construction Cost shall include the cost at current market rates of labor and
materials furnished by the Owner and equipment designed, specified, selected or
specially provided for by the Architect plus a reasonable allowance for the
Contractor's overhead and profit. In addition, a reasonable allowance for
contingencies shall be included for market conditions at the time of bidding and for
changes in the Work during construction.
5.1.3 Construction Cost does not include the compensation of the Architect and
Architect's consultants, the costs of the land, rights-of-wav, financing or other costs
which are the responsibility of the Owner as provided in Article 4.
5.2 RESPONSIBILITY FOR CONSTRUCTION COST
5.2.1 Evaluations of the Owner's Project budget, preliminary estimates of Construction
Cost and detailed estimates of Construction Cost prepared by the Architect
represent the Architect's best judgment as a design professional familiar with the
is construction industry. It is recognized, however, that neither the Architect nor the
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Owner has control over the cost of labor, materials or equipment, over the
Contractor's methods of determining bid prices, or over competitive bidding or
market conditions. Accordingly, the Architect cannot and does not warrant or
represent that bids will not vary from the Owner's Project budget or from any
estimate of Construction Cost or evaluation prepared or agreed to by the Architect.
5.2.2 No fixed limit of Construction Cost shall be established as a condition of this
Agreement by the furnishing, proposal or establishment of a Project budget, unless
such fixed limit has been agreed upon in writing and signed by the parties thereto.
If such a fixed limit has been established, the Architect shall be permitted to include
contingencies for design, bidding and price escalation, to determine what materials,
equipment, component systems and types of construction are to be included in the
Contract Documents, to make reasonable adjustments in the scope of the Project
and to include in the Contract Documents alternate bids to adjust the Construction
Cost to the fixed limit. Fixed limits, if any, shall be increased in the amount of an
increase in the Contract Sum occurring after execution of the Contract for
Construction.
5.2.3 If the Bidding Phase has not commenced within 90 days after the Architect submits
the Construction Documents to the Owner, any Project budget or fixed limit of
Construction Cost shall be adjusted to reflect changes in the general level of prices
in the construction industry between the date of submission of the Construction
Documents to the Owner and the date on which proposals are sought.
0 ARTICLE 6
C,
USE OF ARCHITECT'S DRAWINGS,
SPECIFICATIONS AND OTHER DOCLtiIENTS
6.1 The Drawings, Specifications and other documents prepared by the Architect for this Project
are instruments of the Architect's service for use solely with respect to this Project and,
unless otherwise provided, the Architect shall be deemed the author of these documents and
shall retain all common law, statutory and other reserved rights, including the copyright.
The Owner shall be permitted to retain copies, including reproducible copies, of the
Architect's Drawings, Specifications and other documents for information and reference in
connection with the Owner's use and occupancy of the Project. The Architect's Drawings,
Specifications or other documents shall not be used by the Owner or others on other projects
for additions to this Project or for completion of this Project by others, unless this
Agreement is terminated because Architect is in default of this Agreement, at which time
the documents become the property of the City of Beaumont.
6.2 Submission or distribution of documents to meet official regulatory requirements or for
similar purposes in connection with the Project is not to be construed as publication in
derogation of the Architect's reserved rights.
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0 ARTICLE 7
TERMINATION, SUSPENSION OR ABANDONMENT
7.1 Architect may terminate this Agreement upon not less than thirty days written notice should
the Owner fail substantially to perform in accordance with the terms of this Agreement
through no fault of the Architect. Owner may terminate this Agreement or any phase
thereof upon thirty (30) days prior written notice to the Architect with the understanding that
immediately upon receipt of such notice, all work and labor being performed under the
Agreement shall cease immediately. Before the end of the thirty (30) day period, Architect
shall invoice the Owner for all work it performed prior to the receipt of such notice. No
amount shall be due for lost or anticipated profits. All plans, field surveys, and other data
related to the Project shall become property of the Owner upon termination of the
Agreement and paragraph 6.1 shall not apply and they shall be promptly delivered to the
Owner in a reasonably organized form. Should Owner subsequently contract with a new
Architect for continuation of services on the Project, Architect shall cooperate in providing
information.
7.2 If the Project is suspended by the Owner for more than 30 consecutive days, the Architect
shall be compensated for services performed prior to notice of such suspension. When the
Project is resumed, the Architect's compensation shall be equitably adjusted to provide for
expenses incurred in the interruption and resumption of the Architect's services.
7.3 This Agreement may be terminated by the Owner upon not less than seven days written
notice to the Architect in the event that the Project is permanently abandoned. If the Project
is abandoned by the Owner for more than 90 consecutive days, the Architect or the Owner
may terminate this Agreement by giving written notice.
7.4 Failure of the Owner to make payments to the Architect in accordance with this Agreement
shall be considered substantial nonperformance and cause for termination.
7.5 If the Owner fails to snake payment to Architect within thirty (30) days of receipt of a
statement for services properly performed, the Architect may, upon seven days written
notice to the Owner, suspend performance of services under this Agreement. Unless
Architect receives payment in full within seven (7) days of the date of the notice, the
suspension shall take effect without further notice. In the event of a suspension of services
under this section, the Architect shall have no liability to the Owner for delay or damage
caused the Owner because of such suspension of services.
7.6 In the event of termination not the fault of the Architect, the Architect shall be compensated
for services properly performed prior to termination.
ARTICLE 8
OTHER PROVISIONS
8.1 This Agreement shall be governed by the laws of the State of Texas.
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8.2 The Owner and Architect, respectively, bind themselves, their partners, successors, assigns
and legal representatives to the other party to this Agreement and to the partners, successors,
assigns and legal representatives of such other party with respect to all covenants of this
Agreement. Neither Owner nor Architect shall assign this Agreement without the written
consent of the other.
8.3 This Agreement represents the entire and integrated agreement between the Owner and
Architect and supersedes all prior negotiations, representations or agreements, either written
or oral. This Agreement may be amended only by written instrument signed by both Owner
and Architect.
8.4 Nothing contained in this Agreement shall create a contractual relationship with or a cause
of action in favor of a third party against either the Owner or Architect.
8.5 Unless otherwise provided in this Agreement, the Architect and Architect's consultants shall
have no responsibility for the discovery, presence, handling, removal or disposal of or
exposure of persons to hazardous materials in any form at the Project site, including but not
limited to asbestos, asbestos products, polychlorinated biphenyl (PCB) or other toxic
substances, provided, however, Architect shall have the responsibility to and shall report to
the Owner the location of any hazardous material that an Architect of skill and expertise
should have noticed.
8.6 Upon receipt of prior written approval of Owner, the Architect shall have the right to
include representations of the design of the Project, including photographs of the exterior
faand interior, among the Architect's promotional and professional materials. The Architect's
materials shall not include the Owner's confidential or proprietary information if the Owner
has previously advised the Architect in writing of the specific information considered by the
Owner to be confidential or proprietary. The Owner shall provide professional credit for
the Architect on the construction sign and in the promotional materials for the Project.
ARTICLE 9
PAYMENTS TO THE ARCHITECT
9.1 DIRECT PERSONNEL EXPENSE
9.1.1 Direct Personnel Expense is defined as the direct salaries of the Architect's
personnel engaged on the Project and the portion of the cost of their mandatory and
customary contributions and benefits related thereto, such as employment taxes and
other statutory employee benefits, insurance, sick leave, holidays, vacations,
pensions and similar contributions and benefits.
9.2 REIMBURSABLE EXPENSES
9.2.1 Reimbursable Expenses are in addition to compensation for Basic and Additional
Services and include expenses incurred by the Architect and Architect's employees
and consultants in the interest of the Project, as identified in the following clauses.
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9.2.1.'. Expenses in connection with authorized out-of-town travel; authorized
long-distance communications; and fees paid for securing approval of
authorities having jurisdiction over the Project.
9.2.1.2 If authorized in advance by the Owner, expense of overtime work requiring
higher than regular rates.
9.2.1.3 Expense of renderings, models and mockups requested by the Owner.
9.3 PAYMENTS ON ACCOUNT OF BASIC SERVICES
9.3.1 Payments for Basic Services shall be made monthly and, where applicable, shall be
in proportion to services performed within each phase of service, on the basis set
forth in Subparagraph 10.2.2.
9.3.2 When compensation is based on a percentage of Construction Cost and any portions
of the Project are deleted or otherwise not constructed, compensation for those
portions of the Project shall be payable to the extent services are performed on
those portions, in accordance with the schedule set forth in Subparagraph 10.2.2
based on (1) the lowest bona fide bid or (2) if no such bid or proposal is received,
the most recent preliminary estimate of Construction Cost or detailed estimate of
Construction Cost for such portions of the Project.
9.4 PAYMENTS ON ACCOUNT OF ADDITIONAL SERVICES
9.4.1 Payments on account of the Architect's Additional Services and for Reimbursable
Expenses shall be made monthly upon presentation of the Architect's statement of
services rendered or expenses incurred. Such charges shall be included as a
separate item on the Architect's statement for Basic Services.
9.5 PAYMENTS WITHHELD
9.5.1 No deductions shall be made from the Architect's compensation on account of
penalty, liquidated damages or other sums withheld from payments to contractors,
or on account of the cost of changes in the Work other than those for which the
Architect is responsible.
9.6 ARCHITECT'S ACCOUNTING RECORDS
9.6.1 Architect shall make available to Owner or Owner's authorized representative
records of Reimbursable Expenses and expenses pertaining to Additional Services
and services performed on the basis of a multiple of Direct Personnel Expense for
inspection and copying during regular business hours for three years after the date
of the final Certificate of Payment, or until any litigation related to the Project is
final, whichever date is later.
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ARTICLE 10
BASIS OF COMPENSATION
The Owner shall compensate the Architect as follows:
10.1 BASIC COMPENSATION
10.1.1 FOR BASIC SERVICES, as described in Article 2, and any other services included
in Article 11 as part of Basic Services, Basic Compensation , on a total cost not to
exceed basis, shall be as follows:
10% of Construction Cost, not to exceed $40,000.
10. 1.2 Progress payments for Basic Services in each phase shall total the following
percentages of the total Basic Compensation payable:
• Schematic Design Phase
15%
• Design and Development Phase
20%
• Construction Documents Phase
30%
• Bidding Phase
10%
• Construction Phase
25%
• Total Basic Compensation
100%
0 10.2 COMPENSATION FOR ADDITIONAL SERVICES
10.2.1 FOR PROJECT REPRESENTATION BEYOND BASIC SERVICES, as
described in Paragraph 3.2, there shall be no additional compensation.
10.2.2 FOR ADDITIONAL SERVICES OF THE Architect, as described in Articles 3
and 11, other than (1) Additional Project Representation, as described in Paragraph
3.2, and (2) services included in Article 11 as part of Additional Services, but
excluding services of consultants, compensation shall be at no additional fee.
10.2.3 FOR ADDITIONAL SERVICES OF CONSULTANTS, including additional
structural, mechanical, electrical, and civil engineering and landscape design
services and those provided under Subparagraph 3.4.14 or identified in Article 11
as part of Additional Services, a multiple of 1.0 times the amounts billed to
the Architect for such services.
10.3 REIMBURSABLE EXPENSES
10.3.1 FOR REIMBURSABLE EXPENSES, as described in Paragraph 9.2, and any other
items included in Article 11 as Reimbursable Expenses, a multiple of 1.0
times the expenses incurred by the Architect, the Architect's employees and
consultants in the interest of the Project.
0 10.4 ADDITIONAL PROVISIONS
-15-
10.4.1 Payments are due and payable thirty (30) days from the date of receipt of the
Architect's invoice. Amounts for services properly performed which remain unpaid
sixty (60) days after the invoice date shall bear interest at the rate of one (1%)
percent per month.
ARTICLE 11
OTHER CONDITIONS OR SERVICES
11.1 Architect shall maintain, at no expense to Owner, a professional liability (errors and
omissions) insurance policy placed with a company rated at least B+/X by Best's Key Rating
Guide, authorized to do business in Texas, in an amount not less than one million dollars
($1,000,000). Such policy shall require the giving of written notice to Owner at least thirty
days prior to cancellation or non -renewal of any policies. In addition, Architect shall
furnish Owner with copies of said policies or certificates as indicated in Attachment "B."
11.2 Architect agrees to indemnify and hold harmless the City, its officers, agents, and
employees from and against any and all claims or suits for injuries, including death,
damages, costs (including reasonable attorney's fees and court costs), loss, or liability and
expressly including the vicarious liability of the City, arising out of, or in connection with,
the performance of those services contemplated by this agreement, but only to the extent or
degree on a comparative basis of fault arising from the negligent acts, errors or omissions
of Architect, its officers, agents and employees.
This Agreement entered into as of the day and year first written above.
CITY OF BEALNIONT, TEXAS
OWNER:
Stephen J. Bonczek, City Manager
C
-16-
ARCHITECTURAL ALLIANCE, INC.
ARCHITECT:
J. Rob Clark, A.I.A.
•
•
WV
October 5, 1999
PUBLIC HEARING: 1695 Milam
Consider an ordinance declaring the structure at 1695 Milam to be a public
nuisance and ordering staff to take all steps necessary to abate the nuisance
vow
• '' City of Beaumont
,�� Council Agenda ItemOL
TO: City Council
FROM: Stephen J. Bonczek, City Manager
PREPARED BY: Don Burrell, Building Official
MEETING DATE: October 5, 1999
AGENDA MEMO DATE: October 1, 1999
REQUESTED ACTION: Consider an ordinance declaring the structure at 1695 Milam to be a
public nuisance and order staff to take all steps necessary to abate
the nuisance.
RECOMMENDATION
Council to approve the Ordinance determining the structure at 1695 Milam is a public nuisance due
to serious safety and health problems existing on the premises.
BACKGROUND
In response to a request received by the City Manager at the Avenues Neighborhood Association
meeting , the City Building Official conducted a visual inspection on August 20, 1999 of 1695
Milam. It was identified at that time as a possible dangerous structure by the Building Official.
In response to an article which appeared in the Beaumont Enterprise on August 27, 1999, in which
the property owner, Mrs. Davis stated her intentions, to operate a homeless shelter at 1695 Milam,
the Building Official contacted her to discuss the condition of the structure. Mrs. Davis assured
the Building Official that no one would occupy said structure until a Certificate of Occupancy is
issued.
Contrary to this agreement, the Building Official was made aware on September 27, 1999, that
approximately (26) homeless individuals had been moved in by Mrs. Davis. This was verified by an
inspection on September 28, 1999, by City staff. That same day she was notified in writing of the
following violations of the City of Beaumont's Building Code, and the Fire Prevention Code, which
were found:
• No fire alarm system is in place.
• No hood is installed over the stove in the kitchen. The hood is to be of commercial type.
• The staircase has sections where the protective railing is missing.
• There are sections of the front porch that are structurally unsound.
• There are sections of the front porch that have no protective railing.
• There is exposed electrical wiring.
• There are uncovered electrical switches and outlets.
• The means of egress from the second story is inadequate.
• There are no exit lights.
• There is no emergency lighting.
• There is only one toilet and lavatory.
• There is no hot water.
• There is fifty (50) percent deterioration of non-structural elements.
• There are no fire extinguishers.
• There is improper storage of combustible materials.
This letter also ordered that the premises be vacated. However, the owner, Mrs. Davis refused to
remove the individuals residing there and discontinue it's use as a homeless shelter. At her
request, she was granted three days, September 28 - 30,1999, before electrical services would be
terminated in order to remove frozen foods from the structure. At no time was she told that she
could continue to allow people to live in the structure. Electrical service was terminated on
October 1, 1999 at 11:15 a.m. to abate the serious hazard of defective electrical wiring.
She was also notified in a separate correspondence from the Public Health Department of the
following necessary corrective actions needed within seven days concerning sewer problems and food
preparation requirements:
• Open sewer pipe needs to be repaired and sewage in basement needs to be pumped out by a
waste disposal company. Keep the manifest (ticket) to show this was done in compliance
with regulations.
• Toilets must be connected to the sanitary sewer as do waste water lines.
• Need 3 compartment sink with drain boards on each side, hot and cold running water and
chemical test kit.
• Need separate hand washing sink with hot and cold running water through a mixing valve,
hand cleanser, and paper towels.
• Need mopsink with hot and cold running water and backflow preventive devices. This sink
cannot be in kitchen or warewashing areas, but may be placed outside.
• Outer openings in kitchen need to be sealed to prevent entrance of vermin. House must be
rodent proofed.
• Walls, floors and ceiling must be smooth and impervious and non-absorbent. All cracks and
holes must be sealed.
• Wall and floor junctures must be covered.
• Need adequate refrigeration that maintains internal temperatures of food at 45°F or below
and 0°F in freezer. Only a chest freezer is being used now.
0 Lights in kitchen must have light shields.
• Need restroom with toilets that work and are connected to the sanitary sewer (only one
toilet works) and hand sinks with hot and cold running water, with mixing valve.
• All waste water and sewage must be properly trapped and disposed of in the sanitary sewer.
The administration has made arrangements with the Salvation Army to accommodate all the residents
in decent, safe and sanitary housing at this time. However, as of 12 noon Friday October 1, 1999,
the individuals residing at 1695 Milam, have chosen not to exercise this option.
If voluntary compliance with the evacuation request is not achieved, the City will take necessary
action to evict the individuals residing illegally in this structure. Once the property has been
vacated, it will be reinspected to identify outstanding code violations and tagged if so
warranted. This will allow the owner 30 days to correct the violations or enter a work program
with the Neighborhood Services Department.
BUDGETARY IMPACT
If the structure is declared a public nuisance and not brought into compliance with the City's
Dilapidated Structures Ordinance, the City will incur the cost of demolition.
i
PREVIOUS ACTION
None
SUBSEQUENT ACTION
If City Council declares this property a public nuisance, staff will monitor the progress of work
and make a determination if the structure meets the Code of Ordinances. If the structure is not in
compliance with the Code of Ordinances within the specified time period, the structure will be
demolished.
RECOMMENDED BY
City Manager, Building Official, Chief Fire Marshall, and Public Health Director.
RECOMMENDED MOTION
Approve/deny the authorization to declare the structure at 1695 Milam a public nuisance.
•
•
City of Beaumont
REGULAR MEETING OF THE CITY COUNCIL
COUNCIL CHAMBERS OCTOBER 5, 1999 1:30 P.M.
CONSENT AGENDA
* Approval of minutes
* Confirmation of committee appointments
A) Approve contracts to promote the arts, historic preservation and tourism
1) Southeast Texas Arts Council (SETAC) - $140,000
2) Texas Energy Museum - $90,000
3) Spindletop 2001 Commission - $50,000
4) Beaumont Heritage Society/John Jay French Museum - $40,000
5) Jefferson Theatre Preservation Society - $25,000
B) Approve the appointment of Heather Anne Montgomery as an Assistant City Attorney
under the Juvenile Justice Accountability Block Grant
C) Approve the acquisition of property and authorize eminent domain proceedings to
acquire other properties for the Concord Road Improvement Project
D) Approve the acquisition of property for the construction of homes related to the
Neighborhood Revitalization Project
E) Approve the acquisition of property and authorize the execution of a deed conveying
the property to Statewide Consolidated Community Development Corporation, Inc.
for the construction of homes for the Neighborhood Revitalization Project
F) Approve maintenance agreements related to the City's computer and software systems
G) Approve a Surface Use Agreement with Aspect Resources on property in the Christian
r Hillebrandt League for $10,000
,i H) Approve a change order to the contract for improvements to the Beaumont Fire
Training Center
I) Approve a contract with OMAC Group, Inc. for the purchase of 102 external floppy
disk drives for use in the Police and Fire Departments
f�J
Consent Agenda Summary October 5, 1999
* Approval of minutes
* Confirmation of committee appointments
A) Approve contracts to promote the arts, historic preservation and tourism
1) Approve a one-year contract with the Southeast Texas Arts Council (SETAC) in the amount of
$140,000 out of the Hotel Occupancy Tax fund. The City contracts with SETAC to distribute 80%
of its contract payment to organizations like the Young Audiences of America, the Beaumont Civic
Ballet and the Symphony of Southeast Texas. The remaining 20% is used for operating expenses.
2) Approve a one-year contract with the Texas Energy Museum in the amount of $90,000 out of the
Hotel Occupancy Tax Fund. The Texas Energy Museum highlights the history, along with current
developments, of the oil industry in the Southeast Texas region.
3) Approve a one-year contract with the Spindletop 2001 Commission in the amount of $50,000 out
of the Hotel Occupancy Tax Fund. The Spindletop 2001 Commission was formed by Governor
George Bush to celebrate the 100th anniversary of the founding of Spindletop.
4) Approve a one-year contract with the Beaumont Heritage Society/John Jay French Museum in
the amount of $40,000 out of the Hotel Occupancy Tax Fund. John J. French, an early settler in
Beaumont, built the Greek Revival home which has been faithfully restored; the home contains
furniture and fixtures from the mid 19th century.
5) Approve a one-year contract with the Jefferson Theatre Preservation Society in the amount of
$25,000 out of the Hotel Occupancy Tax Fund.
The Administration recommends approval of the above contracts. Additional information is
attached for your review.
B) Approve the appointment of Heather Anne Montgomery as an Assistant City Attorney
under the Juvenile Justice Accountability Block Grant
The City applied for and received a grant in the amount of S92,929 to enhance law enforcement
efforts to improve the juvenile justice system for the City of Beaumont. Under this grant, two
persons would be hired. The first, the Juvenile Information Coordination Specialist, will assist the
program and maintain the data base of juveniles who enter the criminal justice system from the City
of Beaumont. A Juvenile Law Specialist (Assistant City Attorney) would also be hired to serve as
an assistant to other prosecutors in the development of cases involving juveniles in both the
Beaumont Municipal Court and in the district and county courts of Jefferson County. The
Administration recommends approval of this appointment. Additional information is attached for
your review.
C) Approve the acquisition of property and authorize eminent domain proceedings to acquire
Sother properties for the Concord Road Improvement Project
1) Property located at 3295 Concord Road (0.064 acre out of the A. Williams Survey, Abstract 356)
would be purchased in the amount of $10,999 from Larry Englemann.
2) Authorize eminent domain proceedings to acquire properties listed below which were foreclosed
on for delinquent taxes by Jefferson County and were taken in the name of Jefferson County. All
of the parcels were appraised by Bishop Real Estate Appraisers, Inc.
Parcel 10
2480
Concord
Road
$1,120
Parcel 14
2580
Concord
Road
$1,525
Parcel 31
2893
Concord
Road
$1,150
Parcel 34
2929
Concord
Road
$3,130
Parcel 42
3065
Concord
Road
$1,040
Parcel 45C
2387
Concord
Road
$2,702
Parcel 53
3305
Concord
Road
$4,530
Parcel 107
Second Left of 3020
$ 750
Cordova Street
D) Approve the acquisition of property for the construction of homes related to the
Neighborhood Revitalization Project
isProperty located at 1915 and 1929 Texas Street would be purchased from Gladys Washington for
the appraised value of $5,000. The property was appraised by Aulbaugh and Associates. As part
of the Neighborhood Revitalization Project, lots are being acquired in various locations throughout
the city to provide decent, safe ant sanitary housing for low and moderate income families. The
Administration recommends approval of this item.
E) Approve the acquisition of property and authorize the execution of a deed conveying the
property to Statewide Consolidated Community Development Corporation, Inc. for the
construction of homes for the Neighborhood Revitalization Project
Property located at 2048 Milam Street would be purchased from Mary Helen Vickers in the amount
of $2,500. The property was appraised by Aulbaugh and Associates. The Administration
recommends approval of this item.
F) Approve maintenance agreements related to the City's computer and software systems
1) Administration recommends payment of an invoice to International Business Machine
Corporation (IBM) for the renewal of an annual maintenance agreement in the amount of
$64,265.62. The maintenance contract provides service for the mainframe computers (AS/400) and
peripheral equipment located in City Hall and the Police Department.
2) Administration recommends payment of an invoice in the amount of $34,190 to HTE, Inc. for
. software support. HTE, Inc. software is used by various city departments. The software
maintenance agreement provides for unlimited telephone support and up to three software updates
during the annual term.
3) Administration recormnends payment of an invoice in the amount of $21,394 to Compu-Tech for
software support for a period of one year. Compu-Tech designed and wrote software for the City's
AS/400 computer system. The software maintenance agreement provides for programming services,
training, support, and updates to the vendors software during the contract period.
4) Administration recommends payment of an invoice to International Business Machine
Corporation (IBM) for the purchase of an annual subscription fee for the AS/400 system software
in the amount of $28,015.20. The contract provides for operating software updates for the AS/400
computer systems located in City Hall and the Police Department.
G) Approve a Surface Use Agreement with Aspect Resources on property in the Christian
Hillebrandt League for $10,000
Aspect Resources has requested the City to enter into an agreement on a four -acre tract of land out
of the 2183.5 acres in the Christian Hillebrandt League. The Administration recommends the
execution of the Surface Use Agreement. A copy of the staff memorandum is attached for your
review.
H) Approve a change order to the contract for improvements to the Beaumont Fire Training
Center
Administration recommends approval of a change order to the contract with BoMac Contractors, Inc.
The change order would add a total of $27,452 to the contract amount. Funds are available in the
. Capital Improvements Funds for this addition to the project. This change order will result in a new
contract amount of $1,112,781.63. A construction budget estimate of $1,200,000 was developed and
budgeted for this capital improvements project. The Administration recommends approval of the
change order. A copy of the staff memorandum is attached for your review.
I) Approve a contract with OMAC Group, Inc. for the purchase of 102 external floppy disk
drives for use in the Police and Fire Departments
Administration recommends approval of purchasing the external floppy disk drives in the amount
of $20,703.96. The external floppy disk drives will be utilized by Police and Fire personnel in
conjunction with mobile data terminals previously purchased. A copy of the staff memorandum is
attached for your review.
Al
0_U1'' City of Beaumont
1W_ Council Agenda Item
TO: City Council
FROM: Stephen J. Bonczek, City Manager
PREPARED BY: Andrea S. Deaton, Budget Officer
MEETING DATE: October 5, 1999
AGENDA MEMO DATE: September 29, 1999
REQUESTED ACTION: Consider authorizing a one year contract with the Southeast
Texas Arts Council (SETAC) the amount of $140,000 out of the
Hotel Occupancy Tax Fund.
RECOMMENDATION
The Administration recommends funding the Southeast Texas Arts Council $140,000 for FY
2000 from the Hotel Occupancy Fund.
BACKGROUND
The City is entitled to utilize revenues derived from the hotel -motel occupancy tax to promote
the arts. The City contracts with SETAC to distribute 80% of its contract payment to
organizations like the Young Audiences of America, the Beaumont Civic Ballet and the
Symphony of Southeast Texas. The remaining 20% is used for operating expenses.
BUDGETARY IMPACT
Funds are available in the FY 2000 budget.
PREVIOUS ACTION
None.
SUBSEQUENT ACTION
None.
RECOMMENDED BY: City Manager and Finance Officer
RECOMMENDED MOTION: Approve/Deny authorizing a one year contract with
SETAC in the amount of $140,000 out of the Hotel Occupancy Tax Fund.
r�
• City of Beaumont
� c
Council Agenda Item
TO: City Council
FROM: Stephen J. Bonczek, City Manager
PREPARED BY: Andrea S. Deaton, Budget Officer
MEETING DATE: October 5, 1999
AGENDA MEMO DATE: September 29, 1999
REQUESTED ACTION: Consider authorizing a one year contract with the Texas
Energy Museum in the amount of $90,000 out of the Hotel
Occupancy Tax Fund.
RECOMMENDATION
The Administration recommends funding the Texas Energy Museum $90,000 for FY 2000
from Hotel Occupancy Fund.
BACKGROUND
The City is entitled to utilize revenues derived from the hotel -motel occupancy tax for historic
preservation and the promotion of tourism.
The Texas Energy Museum meets the above Criteria by highlighting the history, along with
current developments, of the oil industry in the Southeast Texas region.
BUDGETARY IMPACT
Funds are available in the FY 2000 budget.
PREVIOUS ACTION
None.
SUBSEQUENT ACTION
None.
0 RECOMMENDED BY: City Manager and Finance Officer
Texas Energy Museum
September 29, 1999
Page 2
RECOMMENDED MOTION: Approve/Deny authorizing a one year contract with the
Texas Energy Museum in the amount of $90,000 out of the Hotel Occupancy Tax Fund.
•
A3
City of Beaumont
Council Agenda Item
TO: City Council
FROM: Stephen J. Bonczek, City Manager
PREPARED BY: Andrea S. Deaton, Budget Officer
MEETING DATE: October 5, 1999
AGENDA MEMO DATE: September 29, 1999
REQUESTED ACTION: Consider authorizing a one vear contract with the Spindletop
2001 Commission in the amount of $50,000 out of the Hotel
0 Occupancy Tax Fund.
RECOMMENDATION
The Administration recommends funding the Spindletop 2001 Commission $50,000 for FY
2000 from the Hotel Occupancy.
BACKGROUND
The City is entitled to utilize revenues derived from the hotel -motel occupancy tax for
promotion of tourism.
The Spindletop 2001 Commission was formed by Governor George Bush to celebrate the
100th anniversary of the founding of Spindletop.
BUDGETARY IMPACT
Funds are available in the FY 2000 budget.
PREVIOUS ACTION
None.
SUBSEQUENT ACTION
None.
RECOMMENDED BY: City Manager and Finance Officer
Spindletop 2001 Commission
September 29, 1999
Page 2
RECOMMENDED MOTION: Approve/Deny authorizing a one year contract with the
Spindletop 2001 Commission in the amount of $90,000 out of the Hotel Occupancy Tax Fund.
•
0
� �
� City of Beaumont
.. Council Agenda ItemOL
TO: City Council
FROM: Stephen J. Bonczek, City Manager
PREPARED BY: Andrea S. Deaton, Budget Officer
MEETING DATE: October 5, 1999
AGENDA MEMO DATE: September 29, 1999
REQUESTED ACTION: Consider authorizing a one year contract with the Beaumont
Heritage Society/John Jay French Museum in the amount of
$40,000 out of the Hotel Occupancy Tax Fund.
RECOMMENDATION
The Administration recommends funding the Beaumont Heritage Society/John Jay French
Museum $40,000 for FY 2000 from the Hotel Occupancy Fund.
BACKGROUND
The City is entitled to utilize revenues derived from the hotel -motel occupancy tax for historic
preservation and the promotion of tourism.
John J. French, an early settler in Beaumont, built the Greek Revival home which has been
faithfully restored; the home contains furniture and fixtures from the mid 19th century.
BUDGETARY IMPACT
Funds are available in the FY 2000 budget.
PREVIOUS ACTION
None.
SUBSEQUENT ACTION
None.
0 RECOMMENDED BY: City Manager and Finance Officer
Beaumont Heritage Society
September 29, 1999
Page 2
RECOMMENDED MOTION: Approve/Deny authorizing a one year contract with the
Beaumont Heritage Society/John Jay French Museum in the amount of $40,000 out of the
Hotel Occupancy Tax Fund.
p5
City of Beaumont
Council Agenda Item
TO: City Council
FROM: Stephen J. Bonczek, City Manager
PREPARED BY: Andrea S. Deaton, Budget Officer
MEETING DATE: October 5, 1999
AGENDA MEMO DATE: September 29, 1999
REQUESTED ACTION: Consider authorizing a one year contract with the Jefferson
Theater Preservation Society in the amount of $25,000 out of the
Hotel Occupancy Tax Fund.
RECOMMENDATION
The Administration recommends funding the Jefferson Theater Preservation Society 525,000
for FY 2000 from the Hotel Occupancy Fund.
BACKGROUND
The City is entitled to utilize revenues derived from the hotel -motel occupancy tax for historic
preservation. The Jefferson Theater is a historical landmark located in downtown Beaumont.
BUDGETARY IMPACT
Funds are available in the FY 2000 budget.
PREVIOUS ACTION
None.
SUBSEQUENT ACTION
None.
RECOMMENDED BY: City Manager and Finance Officer
RECOMMENDED MOTION: Approve/Deny authorizing a one year contract with the
Jefferson Theater Preservation Society in the amount of $25,000 out of the Hotel Occupancy
Tax Fund.
�LCity of Beaumont
Agenda Item
..-� Council ge
� c
TO: City Council
FROM: Stephen J. Bonczek, City Manager
PREPARED BY: Lane Nichols, City Attorney
MEETING DATE: September 28, 1999
AGENDA MEMO DATE: September 21, 1999
REQUESTED ACTION: Resolution approving the appointment of Heather
Anne Montgomery as an Assistant City Attorney
under the Juvenile Justice Accountability Block
Grant
RECOMMENDATION Heather Anne Montgomery be appointed Assistant
City Attorney under the Juvenile Justice
Accountability Block Grant
BACKGROUND
The City applied for and received a grant in the amount of Ninety-two Thousand Nine -Hundred
and Twenty-nine ($92,929) Dollars to enhance law enforcement efforts to improve the juvenile
justice system for the City of Beaumont. Under this grant, two persons would be hired. The first,
the Juvenile Information Coordination Specialist, will assist the program and maintain the data
base of juveniles who enter the criminal justice system from the City of Beaumont. A Juvenile
Law Specialist would also be hired to serve as an assistant to other prosecutors in the development
of cases involving juveniles in both the Beaumont Municipal Court and in the district and county
courts of Jefferson County. The Juvenile Law Specialist would work with the detectives of the
Beaumont Police Department and other officers in cases related to juveniles and additionally
would work with the family law courts, the county courts, the district courts, and the juvenile
prosecutors in the district attorney's office. The Specialist would also be sworn in as an assistant
district attorney and could prosecute in Jefferson County courts in cases involving juveniles arising
from the City of Beaumont.
G:carol\nichols\
cmgnnayo
The charter requires that assistant city attorneys are appointed by the city attorney subject to the
approval of the city council. The administration recommends the appointment of Heather Anne
Montgomery, a recent graduate of the Baylor School of Law(resume attached). She is a Beaumont
resident and comes highly recommended by the dean of that law school. Ms. Montgomery has
worked with Tarrant County and McLennan County District Attorney's office in areas related to
juvenile prosecution.
BUDGETARY IMPACT
Salary and benefits for the Juvenile Law Specialist will be paid from the Juvenile Justice
Accountability Block Grant.
PREVIOUS ACTION
By Resolution 98-258, the Council approved the application and acceptance of the Criminal Justice
Division Grant.
SUBSEQUENT ACTION
This grant will expire June 30, 2000. Unless the grant is renewed or other grant funds can be
obtained, this position may very well not exist after that date. Ms. Montgomery is aware of the grant
status of this position.
RECOMMENDED BY
City Manager and City Attorney
RECOMMENDED MOTION
Approve/Deny a resolution appointing Heather Anne Montgomery as an assistant citv attorney for
juvenile justice assistance in the Beaumont Municipal Court, Jefferson County district and county
courts.
G:carol\nichols\
cmgtmayo 2
C1
� ' City of Beaumont
.�� Council Agenda Item
TO: City Council
FROM: Stephen J. Bonczek, City Manager
PREPARED BY: Joris P. Colbert, City Engineer
MEETING DATE: October 5, 1999
AGENDA MEMO DATE: September 27, 1999
REQUESTED ACTION: Council consider a resolution authorizing the acquisition of Parcel
52 of the Concord Road Improvement Project.
RECOMMENDATION
The owner of the property listed below has agreed to convey the property for the right-of-way of
the Concord Road Improvement Project.
Parcel 52: 0.064 acre out of the A. Williams Survey, Abstract 356
(3295 Concord Road)
Appraised Value: $11,000
Less Improvements Retained 1
Total Compensation $10,999
(Partial Taking)
Appraiser: Bishop Real Estate Appraisers, Inc.
Owner: Larry Englemann
Administration recommends authorization to acquire this property.
BACKGROUND
The property is in Phase H of the Concord Road Project. There are 53 parcels in this section, of
which the City owns five of these parcels. Appraisals have been completed on all parcels and
offers made on 52 of the parcels to be acquired.
BUDGETARY IMPACT
This project is funded under the Capital Improvement Program.
PREVIOUS ACTION
Thirty-four parcels have been acquired since June 1998. Authorization for eminent domain has
been approved for one parcel.
SUBSEQUENT ACTION
Four offers are pending and the owners of four parcels have accepted the appraised value for their
property. Jefferson County has foreclosed on the owners of five of the parcels. By law the
property must be condemned to be able to acquire a portion of the lots for the right-of-way.
RECOMMENDED BY
City Manager, Public Works Director and City Engineer.
RECOMMENDED MOTION
Approve/Deny authorizing the acquisition of Parcel 52 of the Concord Road Improvement Project.
•
•
•
•
CONCORD ROAD
IMPROVEMENTS PROJECT
PROPOSED
RIGHT-OF-WAY
ACOUISITION
PARCEL NO. 62
0.064 ACRE
OUT OF THE
A. WILLIAMS
SURVEY, ABSTRACT $56
(PARTIAL TAKING)
OWNER:
LARRY ENGLEMANN
LEGEND
SUBJECT PROPERTY-
LOCATION MAP
N.T.S.
SCALE:1' e30
N.T.S.
� City of Beaumont
Council Agenda Item
TO: City Council
FROM: Stephen J. Bonczek, City Manager
PREPARED BY: Joris P. Colbert, City Engineer
MEETING DATE: October 5, 1999
AGENDA MEMO DATE: September 28, 1999
REQUESTED ACTION: Council consider a resolution authorizing eminent domain
proceedings to acquire Parcels 10, 14, 31, 34, 42, 45C,
0 53 and 107 of the Concord Road Project.
RECOMMENDATION
All properties listed below were foreclosed on for delinquent taxes by Jefferson County and
were taken in the name of Jefferson County. All of these parcels were appraised by Bishop
Real Estate Appraisers, Inc.:
•
Parcel 10: 0.035 acre out of Block 2, C. H. Ainsworth Addition
(2480 Concord Road)
Appraised Value: $1.120
(Partial Taking)
Parcel 14: 0.034 acre out of Lot 9, Block 1, C. H. Ainsworth Addition
(2580 Concord Road)
Appraised Value: $1.525
(Partial Taking)
Parcel 31: 0.045 acre out of Lot C, Bullock Addition
(2893 Concord Road)
Appraised Value: $1,150
(Partial Taking)
Page 1 of 3
C2
Parcel 34: 9.090 acre out of A. Williams Survey, Abstract 385
(2929 Concord Road)
Appraised Value: $3,130
(Partial Taking)
Parcel 42: 0.040 acre out of A. Williams Survey, Abstract 385
(3065 Concord Road)
Appraised Value: $1,040
(Partial Taking)
Parcel 45C: 0.025 acre out of A. Williams Survey, Abstract 385
(2387 Delaware Street)
Appraised Value: $2,702
(Partial Taking)
Parcel 53: 0.083 acre out of Lots 7, 8 and 9, Comstock Addition
(3305 Concord Road)
Appraised Value: $4,530
(Partial Taking)
Parcel 107: 0.027 acre out of Tract 21-13, City Plat D-5 of A. Williams Survey,
Abstract 385
0 (Second Left of 3020 Cordova Street)
Appraised Value: $750
(Partial Taking)
The administration recommends authorization to acquire the properties by eminent domain.
BACKGROUND
The properties are in Phase I and Phase II of the Concord Road Project. These properties have
been foreclosed on and put up for bid by Jefferson County. There were no bidders and the
property was taken in the name of the County and will be auctioned off at a later date. By law,
the County cannot convey a portion of property that has been foreclosed on for delinquent
taxes. The only way to acquire the needed right-of-way is to condemn the part needed.
BUDGETARYIMPACT
This project is funded under the Capital Improvement Program.
PREVIOUS ACTION
Of the one hundred seventeen parcels, 59 have been acquired.
Page 2 of 3
P -j
•
SUBSEQUENT ACTION
Seventeen offers are pending and the owners of seven parcels have accepted the appraised
value for their property. One parcel is in condemnation and eight parcels are owned by
Jefferson County by foreclosure.
RECOMMENDED BY
City Manager, Public Works Director and City Engineer.
RECOMMENDED MOTION
Approval/Deny approval to authorize eminent domain proceedings to acquire Parcels 10, 14,
31, 34, 42, 45C, 53 and 107 of the Concord Road Project.
Page 3 of 3
•
i
LOT 3 1 LOT 1 I
_ - 1 LOT 2 1
LOT 4
30• PECAN
A�p\°,a (NO IMPROVEMENTS)
6 ��o.
30' PECANL )'P p 0sQ1iD\
AQ 20' ALLEY
\ \ FURLOW AND LEVY TRACT I
Vol. 1914 PG. 4
J.C.D. R.
\ I
I
P'_AT TO ACCOMP,A'.`"
IE_DNOTE DESCRIP- JN
OF
ADDITIONAL RIGHT—OF—WAY PARCEL
FOR
CONCORD ROAD IMPROVEMENTS PROJECT
OUT OF THE
JEFFERSON COUNTY TRACT
IN BLOCK 2 OF
C.H. AINSWORTH ADDITION
IN THE
JAMES DRAKE SURVEY ABSTRACT 18
BEAUMONT, JEFFERSON COU'JTY, TEXAS
FEBRUARY 199E
RIGHT -OF WAY AREA: 1510.8 SQ. FT.
REMAINING AREA: 7842.2 SQ. FT.
is
PARCEL No. 10
PROPERTY OWNER JEFFERSON COUNTY
BEARINGS SHOWN HEREIN ARE REFERRED TO TEXAS PLANE COORDINATE SYSTEM,
LAMBERT PROJECTION, SOUTH CENTRAL ZONE. ALL BEARINGS, DISTANCES AND
ACREAGES ARE SURFACE.
O T
3 SCALER" =40'
Prepared by:
Schaumburg & Polk, Inc.
CONSULTING ENGINES R9
8865 College Street
Beaumont, Texas 77707
,'409)886-0341
PLUM AVENUE
(75' R.O.W.)
/ i
h
\ hh:`°`,?' SCALE: 1'=40'
%.1, OJ // \
FND. 5/8' ROD
36 1
K 4640.21' • �• .Ll� 0 t 44r42'0'Y t
5.79 %O \
tib /
2-}0' SYCAMORE "\--~ FND. Y FENCE PIPE IN CONCRETE
�Po
d
PLAT TO ACCOMPANY
FIELDNOTE DESCRIPTION
OF
ADDITIONAL RIGHT-OF-WAY PARCEL
FOR
CONCORD ROAD IMPROVEMENTS PROJECT
OUT OF
LOT 9, BLOCK 1
C.H. AINSWORTH ADDITION
BEAUMONT, JEFFERSON COUNTY, TEXAS
FEBRUARY 1998
RIGHT—OF WAY AREA: 1502.7 SO. FT.
REMAINING AREA: 6287.0 SO. FT.
PARCEL No. 14 Prepared by:
PROPERTY OWNER JACK FISHER Schaumburg & Polk, Inc.
CONSULTING ENGINEERS
BEARINGS SHOWN HEREIN ARE REFERRED TO TEXAS PLANE COORDINATE SYSTEM, 8865 College Street
LAMBERT PROJECTION, SOUTH CENTRAL ZONE. ALL BEARINGS, DISTANCES AND Beaumont, Texas 77707
ACREAGES ARE SURFACE. (409)866-0341
PLAT TO ACCOMPANY
FIELDNOTE DESCRIPTIC`d
OF
ADDITIONAL RIGHT—OF—WAY PARCEL
FOR
CONCORD ROAD IMPROVEMENTS PROJECT
OUT OF
LOT C, BLOCK 1
OF THE
BULLOCK ADDITION
BEAUMONT, JEFFERSON COUNTY, TEXAS
FEBRUARY 1998
RIGHT—OF WAY AREA: 1945.2 SO. FT
REMAINING AREA: 10580.6 SO. FT.
.E:1"=30'
1 /2"
PARCEL No. 31
Prepared by:
PROPERTY OWNER OLEGARIO ALFARO, SR. EST. Schaumburg do Polk, Inc.
CON9ULTlNG E;N0lNELRB
BEARINGS SHOWN HEREIN ARE REFERRED TO TEXAS PLANE COORDINATE SYSTEM, 8865 College Street
LAMBERT PROJECTION, SOUTH CENTRAL ZONE. ALL BEARINGS, DISTANCES AND Beaumont, Texas 77707
ACREAGES ARE SURFACE. (409)666-0341
0. 911 ACRE TRACT
\
i.t. 101-] 01-31-1-0671
3.
♦
M. 1-1/r NON WE
N 65-1971& .Y_�
it �% cp'PO
-__-----
M wil'iff
SCALE: I'=60'
11
"I-f/o. 1-1/r NON ME
(NO IMPROVEMENTS)
N\
q\
M\ N
0
'a
1
BRICKYARD ROAD
PLAT TO ACCOMPANY
FIELDNOTE DESCRIPTION
OF
ADDITIONAL RIGHT-OF-WAY PARCEL
FOR
CONCORD ROAD IMPROVEMENTS PROJECT
OUT OF THE
PRICHETT H. WILLARD TRACT
IN THE
A. WILLIAMS SURVEY, ABSTRACT 385
BEAUMONT, JEFFERSON COUNTY, TEXAS
FEBRUARY 1998
RIGHT -OF WAY AREA: 3477.8 SO. FT.
REMAINING AREA: 116987.5 SO. FT.
PARCEL No. 34
PROPERTY OWNER PRICHETT HYDAL WILLIARO, JR.
BEARINGS SHOWN HEREIN ARE REFERRED TO TEXAS PLANE COORDINATE SYSTEM,
LAMBERT PROJECTION, SOUTH CENTRAL ZONE. ALL BEARINGS, DISTANCES AND
ACREAGES ARE SURFACE.
RON40 P. JONES
E.C. 104-25-1667
J.C.R.P.R.
31C
ROD
r 1
0
Prepared by:
Schaumburg & Polk, Inc.
CONSULTING;ENGINEERS
8865 College Street
Beaumont, Texas 77707
!409)666-0341
PLAT TO ACCOMPANY
FIELDNOTE DESCRIPTION
OF
ADDITIONAL RIGHT—OF—WAY PARCEL
FOR
CONCORD ROAD IMPROVEMENTS PROJECT
OUT OF THE
GEORGE T. NORMAN TRACT
IN THE
A. WILLIAMS SURVEY, ABSTRACT 385
BEAUMONT, JEFFERSON COUNTY, TEXAS
FEBRUARY 1998
RIGHT—OF WAY AREA: 1753.1 SO. FT. (Z( /o OF j1 fAf^l lTAA-T)
REMAINING AREA:
f}yLLwT fAAc-r; 91?�s SF 6s -r, t3y APP4AI5" 3-956o
0„l T -C,11.0. PLfr37 A740 ruto"S nu
PARCEL No. 42
PROPERTY OWNER GEORGE T. NORMAN
BEARINGS SHOWN HEREIN ARE REFERRED TO TEXAS PLANE COORDINATE SYSTEM,
LAMBERT PROJECTION, SOUTH CENTRAL ZONE. ALL BEARINGS, DISTANCES AND
ACREAGES ARE SURFACE.
Prepared by:
Schaumburg & Polk, Inc.
CON3ULT'ING ENGINEERS
8865 College Street
Beaumont, Texas 77707
(409)866-0341
FNO. 1' WON Roo —
WILLIAM E. THOMAS
V
F.C. 105-06-0533
J.C.R.P.R,
/,r
\ SCALE: 1" d30'
�O^
\
\+�
SOA �'rP�1
0
\s; \
\ ^
( FN[. 1•WON PIPE
BFa1N+O N OY 13'21f E
\ (�' 1.18' FROM CORNER
1 (NO IMPROVEMENTS) 4
R uaays •� �� �.� ,
1
/
O
/ \
a
D.' HAMILTON
F.C. 100-21-2243
1
J.C.R.P.R.
/ t
1
/
/
l /
V /
PLAT TO ACCOMPANY
FIELDNOTE DESCRIPTION
OF
ADDITIONAL RIGHT—OF—WAY PARCEL
FOR
CONCORD ROAD IMPROVEMENTS PROJECT
OUT OF THE
GEORGE T. NORMAN TRACT
IN THE
A. WILLIAMS SURVEY, ABSTRACT 385
BEAUMONT, JEFFERSON COUNTY, TEXAS
FEBRUARY 1998
RIGHT—OF WAY AREA: 1753.1 SO. FT. (Z( /o OF j1 fAf^l lTAA-T)
REMAINING AREA:
f}yLLwT fAAc-r; 91?�s SF 6s -r, t3y APP4AI5" 3-956o
0„l T -C,11.0. PLfr37 A740 ruto"S nu
PARCEL No. 42
PROPERTY OWNER GEORGE T. NORMAN
BEARINGS SHOWN HEREIN ARE REFERRED TO TEXAS PLANE COORDINATE SYSTEM,
LAMBERT PROJECTION, SOUTH CENTRAL ZONE. ALL BEARINGS, DISTANCES AND
ACREAGES ARE SURFACE.
Prepared by:
Schaumburg & Polk, Inc.
CON3ULT'ING ENGINEERS
8865 College Street
Beaumont, Texas 77707
(409)866-0341
SCALE: 1"=30'
FND. 1/2' NON PPE
N 4750'19' R`
10.25'
ww�
MD. 1/2' NON PPE
{ // //
/ NO &MOVEMENTS
♦//t",
/ 1
P / '
wIV
9
4\
'b
0&0,
1b
9
HELEN PARKER
F.C. 95-9528894
J.C.R.P.R.
PLAT TO ACCOMPANY
\.\ FIELDNOTE DESCRIPTION
OF
ADDITIONAL RIGHT-OF-WAY PARCEL
FOR
CONCORD ROAD IMPROVEMENTS PROJECT
OUT OF THE
R.L. CHURCH TRACT
IN
LOT A-1
OF THE
BABE MOORE ADDITION
BEAUMONT, JEFFERSON COUNTY, TEXAS
AUGUST 1998
RIGHT -OF WAY AREA: 1083.0 SO. FT.
REMAINING AREA: 3036.6 SO. FT.
S 44'29'32' [
LOT 1
16.90' 9LOCx 1
\ COu5N5 2ND 10001ON
\
V.0 Pa. 21
\
J.GYA
O
?b c� �111
.
PARCEL No. 45C Prepared by:
PROPERTY OWNER R.L. CHURCH Schaumburg & Polk, Inc.
COIV9UL`I'IfVG EIV CINEERB
BEARINGS SHOWN HEREIN ARE REFERRED TO TEXAS PLANE COORDINATE SYSTEM, 8865 College Street
LAMBERT PROJECTION, SOUTH CENTRAL ZONE. ALL BEARINGS, DISTANCES AND Beaumont, Texas 77707
ACREAGES ARE SURFACE. (409)868-0341
!.0
A" i
\ gyp,:. \ .
ASPHALT
SCALE: 1"=40' \
- NN",
\TANX CAPS \>?
\
j , a
ASPFL,LT
/ >o \ O
' O
PLAT TO ACCOMPANY
FIELDNOTE DESCRIPTION
OF
ADDITIONAL RIGHT—OF—WAY PARCEL
FOR
CONCORD ROAD IMPROVEMENTS PROJECT
OUT OF
LOTS 7,8 AND 9
OF THE
COMSTOCK ADDITION
BEAUMONT, JEFFERSON COUNTY, TEXAS
MAY 1998
RIGHT—OF WAY AREA: 3624.0 50. FT.
REMAINING AREA: 18924.0 SO. FT.
0
PARCEL No. 53
PROPERTY OWNER KIMBERLY GAY VENABLE
BEARINGS SHOWN HEREIN ARE REFERRED TO TEXAS PLANE COORDINATE SYSTEM,
LAMBERT PROJECTION, SOUTH CENTRAL ZONE. ALL BEARINGS, DISTANCES AND
ACREAGES ARE SURFACE.
Prepared by:
Schaumburg & Polk, Inc.
CONSULTING ENGINEERS
8065 College Street
Beaumont, Texas 77707
(409)866-0341
4
9
I I I
3/a' Iron Rod-- — —
5/8' Iron Rod
1/3' IRON PPE
1/1' NOD
'Ir Ra
I
J.; 57
DELAWARE STREET
1 r/t' Pwi — —
pROPOSED R.O.W.
1N^
t RUSSELL LIN ELMS IV,• 1 1
I u � ,
II 0 — 1/1' ROO —
1/2ROO I�
O I `
I 12
1 dor 2 �ZI1
J
I_1
�2� 000
I �
—
L r 3 I'°
`I PRELIMINARY PLAT 14I
OF THE
RUSSELL LYN ELLIS TRACT I
OUT OF THE I
VIRGINIA KELING PROPERTY l
I IN THE
A. WILLIAMS SURVEY ADST. 385 n
AS RECORDED IN
h
SCALE:1 "=30
' VOL. 106, PAGE 107
OF THE
DEED RECORDS OF JEFFERSON COUNTY, TEXAS
L.or y
RIGHT—OF WAY AREA: XXXXXX SO. FT.
REMAINING AREA: XXXXXX SO. FT.
IIOTC:
0 3 I)IML IJSIONS AND OWNLRSI IIP 01)
TRACTS ARE BASED ON TAX MAP
PARCEL IIo. 107 Preparod by:
PROPERTY OWNER RUSSELL LYN ELLIS Schaumburg & Pullc, III(
--- -- E;ONtiLIL•rING KNGINGr'Eft
BEARINGS SHOWN HEREIN ARC REFERRED TO TCXAS PLANE COORDINATE SYSTEM, C065 Colleee Slreel
L&tir13ERT PROJECTION, SOUTH CENTPAL ZMt r al Pr_'Aillr; N1�7!"j--1 �• n
City of Beaumont
... 0
.�ELCouncil Agenda Item
TO: City Council
FROM: Stephen J. Bonczek, City Manager
PREPARED BY: Joris P. Colbert, City Engineer
MEETING DATE: October 5, 1999
AGENDA MEMO DATE: September 29, 1999
REQUESTED ACTION: Council consider a resolution authorizing the acquisition of two lots
in the North Addition for the construction of homes for the
Neighborhood Revitalization Project.
RECOMMENDATION
The property owner listed below has agreed to convey her properly to the City for the
Neighborhood Revitalization Project.
Lots 7 and 8, Block 10 of the North Addition
(1915 and 1929 Texas Street)
Appraised Value $5,000
Owner: Gladys Washington
Appraiser: Aulbaugh and Associates
The administration recommends the acquisition of this property.
BACKGROUND
As part of the Neighborhood Revitalization Project, lots are being acquired in various locations
throughout the city to provide decent, safe and sanitary housing for low and moderate income
families.
BUDGETARY IMPACT
None
0
L -C
PREVIOUS ACTION
None
SUBSEQUENT ACTION
None
RECOMMIENDED BY
City Manager, Public Works Director and City Engineer.
RECOMMENDED MOTION
Approve/Deny authorizing the acquisition of two lots in the North Addition for the construction of
homes for the Neighborhood Revitalization Project.
•
0
NEIGHBORHOOD
REVITALIZATION PROJECT
PROPOSED ACQUISITION OF
LOTS 7 & 8, BLOCK 10 OF
THE NORTH ADDITION
OWNER: GLADYS WASHINGTON
•
•
LEGEND
0 SUBJECT PROPERTY
LOCATION MAP
N.T.S.
I �
� � I
� 0
{ 14000
I Y
W
g ^ 8 W
R 0 R
V)
1
N Q
8 m g
0
J
14000
ELM STREET
m
N.T.S.
� City of Beaumont
.� Council Agenda Item
TO: City Council
FROM: Stephen J. Bonczek, City Manager
PREPARED BY: Joris P. Colbert, City Engineer
MEETING DATE: October 5, 1999
AGENDA MEMO DATE: September 27, 1999
REQUESTED ACTION: Council consider a resolution authorizing the acquisition of property
in Blanchette 1st Addition and authorizing the City Manager to
0 execute a deed conveying the property to Statewide Consolidated
Community Development Corporation, Inc. for the construction of
homes for the Neighborhood Revitalization Project.
RECOMMENDATION
The owner of the property listed below has agreed to convey her property for the Neighborhood
Revitalization Project.
Lot 10, Block 28, Blanchette 1st Addition
(2048 Milam Street)
Appraised Value $2,500
Appraiser: Aulbaugh and Associates
Owner: Mary Helen Vickers
The administration recommends authorization to acquire this property and the execution of a deed
conveying above property to Statewide Consolidated Community Development Corporation. Inc.
BACKGROUND
As part of the Neighborhood Revitalization Project, lots are being acquired in various locations
throughout the city to provide decent, safe and sanitary housing for low and moderate income
families.
0
E
• BUDGETARYIMPACT
None
PREVIOUS ACTION
None
SUBSEQUENT ACTION
None
RECOMMENDED BY
City Manager, Public Works Director and City Engineer.
RECOMMENDED MOTION
Approve/Deny authorizing the acquisition of property in Blanchette 1 st Addition and authorizing
the City Manager to execute a deed conveying the property to Statewide Consolidated Community
Development Corporation, Inc. for the construction of homes for the Neighborhood Revitalization
Project.
•
0
•
•
NEIGHBORHOOD REVITALIZATION
PROJECT
LOT 10 AND BLOCK 28
BLANCHETTE IST
ADDITION
(2048 MILAM 3TREET)
OWNER=
MARY HELEN VICKER3
LEGEND
3UBJECT PROPERTY
�- LOT 9
Ia+,e a/r
LOCATION MAP
N.T.S.
LOT 3 LOT 2
taa,ro aeao> ma rmr.e
2e
LOT 11
0 E 50.00
• o�+aaw .o+a
ran.M
oa�r� s rar r
r
�}�
LOT 10 '.•.•.•.•.
'.VACANT LOT.•:•:•:•
�_ e
�
49.97
tt.au� "ml
arab �+w v rtw
rwa an•
'"'o" nt
2048 MILAM STREET
2e
LOT 11
N.T.S.
&O-Lmin
ran.M
oa�r� s rar r
.•.'. .
.
(u v NamW
49.97
tt.au� "ml
arab �+w v rtw
rwa an•
'"'o" nt
2048 MILAM STREET
'0*M[ u t� w cau�am
N.T.S.
&O-Lmin
�
rf
City of Beaumont
Council Agenda Item
•
0
TO: City Council
FROM: Stephen J. Bonczek, City Manager
PREPARED BY: Kirby Richard, Central Services Director
MEETING DATE: October 5, 1999
AGENDA MEMO DATE: September 28, 1999
REQUESTED ACTION: Council approval of a resolution to purchase an annual maintenance
agreement for International Business Machine equipment.
RECOMMENDATION
Administration recommends payment of an invoice to International Business Machine Corporation
(IBM) for the renewal of an annual maintenance agreement in the amount of $64,265.62.
BACKGROUND
The maintenance contract provides service for the mainframe computers (AS/400) and peripheral
equipment located in City Hall and the Police Department.
Competitive bids are not required because parts used to repair these units are captive replacement
parts available only from one source. State law provides for the exemption of competitive bids when
captive replacement parts can be purchased from only one source.
IBM will maintain 210 pieces of equipment that include display stations, magnetic tape units,
printers, remote location controllers, modems, local control units. token ring equipment, processors.
scanners, and disk drives.
IBM furnishes 24 hours, 7 days a week service on the equipment and provides replacement parts on
the processors. In addition, IBM replaces outdated peripheral equipment with new equipment when
repairs are needed.
F1
Annual Maintenance Agreement for IBM Hardware
September 28, 1999
Page 2
This agreement excludes the maintenance of micro computers, small micro AS/400 printers, and
laptop computers.
The agreement is for an annual period beginning October 1, 1999 and ending September 30, 2000.
Last year, the annual maintenance agreement was $70,618.47 for 232 pieces of IBM equipment.
The decrease can be attributed to the removal of antiquated equipment that would cost less to
replace than maintain.
BUDGETARY IMPACT
Funds are available in the Information Services Division's fiscal year 2000 budget.
PREVIOUS ACTION
None
SLBSEQUENT ACTION
None
RECOMMENDED BY
City Manager and Central Services Director.
RECOMMENDED MOTION
Approve/Deny renewal of an annual hardware maintenance agreement with International business
Machines in the amount of $64,265.62.
•
City of Beaumont
ti� Council Agenda Item
.
TO: City Council
FROM: Stephen J. Bonczek, City Manager
PREPARED BY: Kirby Richard, Central Services Director
MEETING DATE: October 5, 1999
AGENDA MEMO DATE: September 28, 1999
REQUESTED ACTION: Council approval of a resolution to purchase an annual maintenance
agreement for HTE, Inc. software support.
RECOMMENDATION
Administration recommends payment of an invoice in the amount of $34,190 to HTE, Inc. for
software support.
BACKGROUND
HTE, Inc. software system is used by various city departments. The software maintenance
agreement provides for unlimited telephone support and up to three (3) software updates during
the annual term.
This purchase is exempt from competitive bidding since it is available from only one (1) source
having exclusive rights to modify and maintain the software.
The maintenance agreement includes service for the following twelve (12) software applications:
SOFTWARE APPLICATION
CONTRACT AMOUNT
Personnel / Applicant Tracking
$
2,345.00
Building Codes / Building Permits
$
5,710.00
Finance / Asset Management
$
1,460.00
GMBA / Accounting System
$
5,170.00
F2
s
0
Annual Agreement for HTE Software Support
September 28, 1999
Page 2
SOFTWARE APPLICATION
CONTRACT AMOUNT
Public Works / Land Management
$
1,630.00
Finance / Occupational Licenses
$
1,470.00
Purchasing / Inventory
$
3,855.00
Payroll / Personnel
$
3,855.00
Finance / Cash Receipts
$
2,070.00
EMS / Reporting
$
4,660.00
Finance / Accounts Receivable
$
1,355.00
Finance / Loan Module
$
610.00
TOTAL
$
34,190.00
Last year, twelve (12) applications were maintained at a cost of $33,030.
BUDGETARY IMPACT
Funds are available in the Information Services Division's fiscal year 2000 budget.
PREVIOUS ACTION
None
SUBSEQUENT ACTION
None
RECOMMENDED BY
City Manager and Central Services Director.
RECOMMENDED MOTION
Approve/Deny renewal of an annual contract for software support to HTE, Inc. in the amount
of $34,190.
•
•
City of Beaumont
.��
�z c Council Agenda Item
TO: City Council
FROM: Stephen J. Bonczek, City Manager
PREPARED BY: Kirby Richard, Central Services Director
MEETING DATE: October 5, 1999
AGENDA 1NIEMO DATE: September 21, 1999
REQUESTED ACTION: Council approval of a resolution for the purchase of an annual
maintenance agreement for Compu-Tech software support.
RECOMAfENDATION
Administration recommends payment of an invoice in the amount of $21,394 to Compu-Tech for
software support for a period of one year.
BACKGROL�iD
Compu-Tech designed and wrote software for the City's AS; 400 computer system. The software
maintenance agreement provides for programming services, training, support, and updates to the
vendors software during the contract period.
This purchase is exempt from competitive bidding since it is available from only one (1) source
having exclusive rights to modify and maintain the software.
The following fifteen (15) systems are covered by Compu-Tech software support:
SOFTWARE APPLICATIONS
CONTRACT AMOUNT
Municipal Court
$
5,250.00
Landfill
$
1,650.00
Water Utility Billing
$
6,500.00
Alarms Billing
$
664.00
F3
•
Annual Maintenance Agreement for Compu-Tech Software Support
September 20, 1999
Page 2
SOFTWARE APPLICATIONS
CONTRACT AMOUNT
Sub -Standard Building
$
1,600.00
Records Management
$
225.00
MDT Interface
$
750.00
Fire Inventory
$
398.00
Drug Testing
$
225.00
Warrant Monitoring
$
158.00
ACH Software
$
300.00
Direct Deposit
$
450.00
Interfaces to HTE System
$
1,346.00
Work Management
$
510.00
Weed & Litter
$
1,368.00
TOTAL
$
21,394.00
Last year, the annual maintenance amount was $20,022.
BUDGETARY IMPACT
Funds are available in the Information Services Division's fiscal year 2000 budget.
PREVIOUS ACTION
None
SUBSEQUENT ACTION
None
RECOMMENDED BY:
City Manager and Central Services Director.
RECOMMENDED MOTION:
Approve/Deny renewal of an annual contract for software support to Compu-Tech in the amount
of $21,394.
F4
0
City of Beaumont
Council Agenda Item
TO:
FROM:
PREPARED BY:
MEETING DATE:
City Council
Stephen J. Bonczek, City Manager
Kirby Richard, Central Services Director
October 5, 1999
AGENDA MEMO DATE: September 30, 1999
0 REQUESTED ACTION: Council approval of an annual system software maintenance
agreement from International Business Machine.
RECOMMENDATION
Administration recommends payment of an invoice to International Business Machine Corporation
(IBM) for the purchase of an annual subscription fee for the AS/400 system software in the
amount of $28,015.20.
BACKGROUND
The contract provides for operating software updates for the AS/400 computer systems located in
City Hall and the Police Department. System updates occur two or three times per year and are
transferable when upgrades of AS/400 hardware models are required. Fifty-seven software products
are supported, including, but not limited to Query, Office Vision, Facsimile Support, and AS/400
Client Access.
This purchase is exempt from competitive bidding since it is available from only one (1) source
having exclusive rights to modify and maintain the software.
The agreement is for an annual period beginning October 1, 1999 and ending September 30, 2000.
Last year, system software maintenance was $25,000. The price difference can be attributed to
price increases and additional software added this year.
IBM Software Update Agreement
September 30, 1999
Page 2
BUDGETARYIMPACT
Funds are available in the Information Services Division's fiscal year 2000 budget.
PREVIOUS ACTION
None
SUBSEQUENT ACTION
None
RECOMMENDED BY
City Manager and Central Services Director.
RECOMMENDED MOTION
Approve/Deny renewal of an annual system software upgrade and maintenance agreement with
International Business Machines in the amount of $28,015.20.
0
G
� City of Beaumont
.� Council Agenda Item
TO: City Council
FROM: Stephen J. Bonczek, City Manager
PREPARED BY: Joris P. Colbert, City Engineer
MEETING DATE: October 5, 1999
AGENDA MEMO DATE: September 29, 1999
REQUESTED ACTION: Council approval of a resolution authorizing the City Manager to
enter into a Surface Use Agreement with Aspect Resources on
is property in the Christian Hillebrandt League for $10,000.
RECOMMENDATION
Aspect Resources has requested the City enter into an agreement on a four acre tract of land out
of the 2183.5 acres in the Christian Hillebrandt League. Five thousand dollars will be paid for
the use of and improvement of any existing roadways and the construction of new roadways as
will be necessary. Five thousand dollars will be paid for surface use per the Drill Site location,
not to exceed four acres, to be reduced as operations will allow. If the well is still in production
after eight years, the City will be paid an annual rental of one thousand dollars.
The administration recommends the execution of the Surface Use Agreement.
BACKGROUND
When the City acquired the land for the Constructed Wetlands Project (Cattail Marsh), the mineral
rights were not a part of the sale. The owner of the minerals has entered into a lease agreement
with a company to drill a well in search of oil, gas and liquid hydrocarbons on the propern-.
BUDGETARY IMPACT
None
PREVIOUS ACTION
In February of this year, the City entered into a Surface Use Agreement with Esenjay Exploration,
Inc. on this same 2183.5 acre tract of land for the first well. After the well was brought in, the
City granted a Pipeline Easement to Centana Intrastate Pipeline, LLC.
SUBSEQUENT ACTION
None
RECOMMENDED BY
City Manager, Public Works Director and City Engineer.
RECOMMENDED MOTION
Approve/Deny authorizing the City Manager to enter into a Surface Use Agreement with Aspect
Resources on property in the Christian Hillebrandt League for $10,000.
•
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SURFACE U3E AGREEMENT
ASPECT RESOURCES
CHRI3TIAN HILLEBRANDT LEAGUE
A83TRACT 23
JEFFER3ON COUNTY, TEXA3
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City of Beaumont
A..
� Council Agenda Item
� c
TO: City Council
FROM: Stephen Bonczek, City Manager
PREPARED BY: Joris P. Colbert, City Engineer
MEETING DATE: October 5, 1999
AGENDA MEMO DATE: September 28, 1999
REQUESTED ACTION: Council consider a change order of $27,452 to the contract for the
Improvements to the Beaumont Fire Training Center.
RECOMMENDATION
Administration recommends approval of a change order to the contract with BoMac Contractors,
Inc. for construction of improvements to the Beaumont Fire Training Center. This change order
adds the following work to the contract: 1) install 160 linear feet of 18 -inch diameter corrugated
plastic pipe, 12 linear feet of 36 -inch diameter reinforced concrete pipe and 1500 cubic yards of
select fill to facilitate drainage between project area number 4 and the south levee of the drafting
pond at a cost of $24,348; 2) grout the base of the new fire water pump with non -shrink grout
to reduce vibration damage to the pump base and the floor of the pump pit at a cost of $2,467;
3) modify the 4 -inch diameter pipe casings for the fire extinguisher training projects to facilitate
easier installation of process piping at a cost of $449 and; 4) add welding to the 36 -inch diameter
pipe nozzle at the north drainage sump to improve nozzle strength and liquid holding integrity at
a cost of $188. This change order would add a total of $27,452 to the contract amount. Previous
change orders added $38,825 to the original contract amount of $1,046,504.63. This change order
will result in a new contract amount to $1,112,781.63.
BACKGROUND
A construction estimate of $1,200,000 was developed and budgeted for this capital improvements
project.
BUDGETARYIMPACT
Funds are available in the Capital Improvements Funds for this addition to the project.
Page 1 of 2
•
PREVIOUS ACTION
The Council approved the contract for the Improvements to the Beaumont Fire Training Center
on February 16, 1999. City Council approved Change Order No. 1 on July 27, 1999 and Change
Order No. 2 on August 10, 1999.
SUBSEQUENT ACTION
None
RECOMMENDED BY
City Manager, Fire Chief, Director of Pubic Works and City Engineer.
RECOMMENDED MOTION
Approve/Deny a change order of $27,452 to the contract for the Improvements to the Beaumont
Fire Training Center.
Page 2 of 2
CITY OF BEAUMONT
• CHANGE ORDER NO. 3
DATE: September 27, 1999
PROJECT: IMPROVEMENTS TO THE BEAUMONT FIRE TRAINING CENTER
OWNER: CITY OF BEAUMONT
CONTRACTOR: BOMAC CONTRACTORS, INC.
THE FOLLOWING CHANGES IN THE PLANS AND/OR SPECIFICATIONS ARE HEREBY MADE:
Amend the scope of the project to add pay items to the contract:
1► Install 160 LF 18" Corrugated Plastic Pipe, 12 LF 36" Reinforced Concrete Pipe and 1500 CY
Select Fill to facilitate drainage between Project Area no. 4 and the south levee of the Drafting
Pond. Estimated cost: $24,348.
2) Fill the base of the new Fire Water Pump with non -shrink grout to prevent vibration damage to
the pump base and the floor of the pump pit during pump operation. Estimated cost: $2,467.
3) Revise 4" pipe casings at Fire Extinguisher Project Area to facilitate easier installation of
process piping. Estimated cost: $449.
4) Add welding to 36" Pipe Nozzle at the north sump to improve strength and liquid holding
integrity. Estimated cost: $188.
ACCEPTED BY:
CONTRACTOR
APPROVED BY:
JORIS P. COLBERT, CITY ENGINEER
TOM WARNER, DIRECTOR OF PUBLIC WORKS
STEPHEN J. BONCZEK, CITY MANAGER
0 ATTESTED BY:
BARBARA LIMING, CITY CLERK
ORIGINAL CONTRACT AMOUNT:
$1,046,504,63
NET FROM PREVIOUS CHANGE ORDERS:
$ 38.825.00
TOTAL AMOUNT OF THIS CHANGE ORDER:
$ 27.452.00
PERCENT CHANGE OF THIS CHANGE ORDER:
2.6200
TOTAL PERCENT CHANGE TO DATE:
6.3300
NEW CONTRACT AMOUNT:
$1.112.781.63
CONTRACT TIME IS NOT AFFECTED BY THIS CHANGE ORDER.
ACCEPTED BY:
CONTRACTOR
APPROVED BY:
JORIS P. COLBERT, CITY ENGINEER
TOM WARNER, DIRECTOR OF PUBLIC WORKS
STEPHEN J. BONCZEK, CITY MANAGER
0 ATTESTED BY:
BARBARA LIMING, CITY CLERK
I
• r City of Beaumont
..�J, Council Agenda Item
TO: City Council
FROM: Stephen J. Bonczek, City Manager
PREPARED BY: Kirby Richard, Central Services Director
MEETING DATE: October 5, 1999
AGENDA MEMO DATE: September 28, 1999
REQUESTED ACTION: Council approval to award a bid for the purchase of 102 external
floppy disk drives.
RECOMMENDATION
Administration recommends award of a bid for purchasing 102 external floppy disk drives to
OMAC Group, Inc. in the amount of $20,703.96.
BACKGROUND
The external floppy disk drives will be utilized by Police and Fire personnel in conjunction with
mobile data terminals previously purchased. The drives will allow field personnel to electronically
upload required reports to the central station from their vehicle, eliminating the need for them
to physically load the reports at the station. This will maximize the officers' time spent on patrol
in the community. The drives are an integral component of the mobile data terminal system.
Fourteen (14) vendors were notified, with bids received as follow:
Vendor
Delivery Time
Unit Price
Total Bid
OMAC Group, Inc.
2-20 da�,s
$202.98
$20,703.96
Houston, Texas
Accurite Technologies, Inc.
60 days
$207.00
$21,114.00
Fremont, California
C & I Computer Service, Inc.
10 days
$223.00
$22,746.00
Port Arthur, Texas
Specifications for the product bid by GMAC Group, Inc. have been reviewed by Information
Services personnel and meet the requirements set forth in the bid.
Purchase of 102 External Floppy Disk Drives
September 28, 1999
Page 2
BUDGETARY IMPACT
The bid provides for the vendor to furnish 102 external floppy disk drives at a total cost of
$20,703.96.
Funds for the $1,187,878 mobile data terminal system project were provided in part by a
Community Oriented Policing Services (COPS) grant in the amount of $765,894, with the
remainder of the project to be funded through a financing agreement. This expenditure is to be
included in the financing agreement
PREVIOUS ACTION
None.
SUBSEQUENT ACTION
None.
RECOMMENDED BY
City Manager and Central Services Director.
RECOMMENDED MOTION
Approve/Deny acceptance of a bid from OMAC Group, Inc. in the amount of $20,703.96 for the
purchase of 102 external floppy disk drives.
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ROM PAGE ONE
S H E LT E R . Debate brings some to tears
Continued from page 1 A
issue against the homeless, but
was concerned that the house
was in need of repair and that
Davis failed to obtain a permit
to open it to the public.
"If you're asking us to
ignore that, you're asking us
to be derelict in our responsi-
bility to you — the public," he
said.
The often -noisy debate
turned emotional for many,
bringing some to tears.
At one point, the mayor
asked a police officer in plain
clothing to eject anyone who
interrupted a speaker.
Not everyone spoke in favor
of the Beatrice Jamail Center
Tuesday.
Ella Flores joined her hus-
band, Roberto, in voicing sup-
port for closing the house.
"Our main concern is for
the safety for the children,"
Mrs. Flores said. "We need to
get that house repaired for the
children."
Several of the residents of
the Jamail Center told the
council they don't want to
turn to the Salvation Army for
help.
"We need stability for our
children," said center resident
Ron Hicks. "We want safety
for our children. We want
what you want."
Meanwhile, an official with
the Salvation Army told the
council it wouldn't be until
next week before the organi-
zation's transitional project
aimed at helping homeless
families would open despite a
recent grant designed to help
the agency open early.