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HomeMy WebLinkAboutPACKET JUN 30 2015BEAUMONT T E X A S REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS JUNE 30, 2015 1:30 P.M. CONSENT AGENDA Approval of minutes — June 16, 2015 Confirmation of committee appointments A) Approve the renewal of an annual support agreement with Creative Switching Designs, Inc. for the ShoreTel phone systems B) Authorize the acceptance of a ten foot wide Exclusive Water Line Easement located at 3995 Crow Road C) Approve a request to abandon a 60'x-660' general utility easement D) Authorize the City Attorney to bring suit against Joseph D. Butler to compel him to comply with the City's Health and Safety Codes Gl - TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Bart Bartkowiak, Chief Technology Officer MEETING DATE: June 30, 2015 REQUESTED ACTION: Council consider a resolution approving the renewal of an annual support agreement with Creative Switching Designs, Inc. in the amount of $74,954.55 for the ShoreTel phone systems. BACKGROUND The ShoreTel phone system is in use in a large number of City facilities. The ShoreTel phone system provides telephone communications, voice mail and four digit dialing to all facilities with ShoreTel installed. The purchase is exempt from competitive bidding since it is available from only one (1) source having exclusive rights to maintain the ShoreTel infrastructure. FUNDING SOURCE General Fund — Information Technology Department. RECOMMENDATION Approval of resolution. May 1, 2015 Terry LaFleur City of Beaumont 801 Main St. Suite 330 Beaumont, Texas 77704-3827 Dear Mr. LaFleur: The current ShoreCare Agreement on the ShoreTel Phone System expires on 08/28/2015. If you are interested in extending this agreement, all you need to do is fill out the bottom with the Type of Service you want and sign. If you use a Purchase Order please attach this form to the Purchase Order. A 20% re -instatement fee will apply if payment is not received prior to expiration of existing agreement. Type of Service Bronze Silver . Gold Description of Advanced Everything listed on Everything listed coverage: Replacement/Exchange Bronze plus Remote for Bronze and of all Hardware. Phone MAC's (Moves, adds Silver plus labor support/on-site trouble and changes) apply on software shooting and software only to the system upgrades. upgrades. (Labor on configuration at time software upgrade of service contract. Phones are not install not covered) (Does not include re- covered. Phones are not installation of current covered. system.) Phones are not covered. Price for a year: 08/29/14 to $45,427.00 $65,869.15 $74,954.55 08/28/15 Type of Service: PO Referenced: Signature: If you should choose not to participate in an annual agreement, service could be rendered on an as needed basis. Labor costs are $160.00 per hour. Parts prices are per manufacturers published price. Each service call would also be charged travel time but no mileage charge. Phone coverage quotes upon request. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Council hereby approves the renewal of an annual support agreement for the ShoreTel phone systems from Creative Switching Designs, Inc., of Houston, Texas, the sole source having exclusive rights to maintain the ShoreTel infrastructure, in the amount of $74,954.55 for use by all City departments; and, BE IT FURTHER RESOLVED THAT the City Manager be and he is hereby authorized to execute an annual support agreement with Creative Switching Designs, Inc., of Houston, Texas, for the purposes described herein. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 30th day of June, 2015. - Mayor Becky Ames - BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Dr. Joseph Majdalani, P.E., Public Works Director - iq MEETING DATE: June 30, 2015 REQUESTED ACTION: Council consider a resolution authorizing the acceptance of a ten foot (10') wide Exclusive Water Line Easement. BACKGROUND Hamlet Park 2, LP has agreed to convey a ten foot (10') wide exclusive Water Line Easement to the City of Beaumont. The easement is described as being a 4,105.97 square foot tract out of a 1.00 acre tract, situated in the Frederick Bigner Survey, Abstract No. 1. The water line easement is for the construction of the townhomes located at 3995 Crow Road. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of resolution. RESOLUTION NO. WHEREAS, Hamlet Park 2, LP has agreed to convey one (1) ten foot (10') wide exclusive water line easement, said easement being a 4,105.97 square foot tract out of a 1.0 acre tract, situated in the Frederick Bigner Survey, Abstract No. 1, as described and shown in Exhibit "1," attached hereto, to the City of Beaumont for the construction of new townhomes located at 3995 Crow Road; and, WHEREAS, the City Council has considered the purpose of said conveyance and is of the opinion that the acceptance of said conveyance is necessary and desirable and that same should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT one (1) ten foot (10') exclusive water line easement conveyed by Hamlet Park 2, LP, being a 4,105.97 square foot tract out of a 1.00 acre tract, situated in the Frederick Bigner Survey, Abstract No. 1, as described and shown in Exhibit "1," attached hereto, be and the same is hereby, in all things, accepted for the stated purpose. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 30th day of June, 2015. - Mayor Becky Ames - STATE OF TEXAS X KNOW ALL MEN BY THESE PRESENTS: COUNTY OF JEFFERSON X WATER LINE EASEMENT THAT, HAMLET PARK 2, LP, a Texas Limited Partnership, hereinafter called "GRANTOR", whether one or more, for and in consideration of the sum of ONE AND N0/100 DOLLAR ($1.00), and other good and valuable consideration to us in hand paid by the CITY OF BEAUMONT, a municipal corporation domiciled in Jefferson County, Texas, hereinafter called "GRANTEE", the receipt and sufficiency of which consideration is hereby acknowledged, has GRANTED, SOLD and CONVEYED, and by these presents does GRANT, SELL and CONVEY unto the CITY OF BEAUMONT, P. O. Box 3827, Beaumont, Texas 77704, Jefferson County, Texas, its successors and assigns, a perpetual, exclusive, water line easement (the "Easement") to construct, alter, and maintain waterlines and related appurtenances on the hereinafter described lands which said easement is under, over, in and across those certain tracts or parcels of land owned by GRANTOR situated in the County of Jefferson, State of Texas, and being more particularly described in Exhibit "A", attached and made a part hereof for all purposes (the `Basement Area"). The Easement herein granted shall be used for the purpose of placing, constructing, operating, repairing, rebuilding, replacing, relocating, and/or removing water lines and related appurtenances in the Easement Area, and, it is expressly understood and agreed that the City of Beaumont shall have the right of reasonable ingress to and egress from the Easement Area and use of the same for the purposes aforesaid; provided, however that Grantee use of the Easement and the rights appurtenant thereto shall in no event unreasonably interfere with or hinder the X}11BIfi "1" - business operations on the Grantor's adjacent property and/or Grantor's ingress and egress thereto. Grantor reserves the right to continue to use and enjoy the surface of the Easement Area for all purposes that do not interfere with or interrupt the use or enjoyment of the Easement by Grantee for the purposes provided herein, including but not limited to the right to place surfacing materials over and across the Easement Area and to use the same for parking areas, driveways, walkways or sidewalks, landscaping and/or lighting; provided, however, no permanent buildings may be placed on the Easement Area. Notwithstanding the foregoing, Grantee shall not be responsible for the repair and replacement of any improvements placed by Grantor within the Easement Area and the same shall be repaired and maintained by Grantor, at Grantor's sole cost and expense. The conveyance of the Easement granted herein is made by Grantor . and accepted by Grantee subject to any and all existing easements, covenants, rights-of-way, conditions, restrictions, outstanding mineral interests and royalty interests, if any, in the Easement Area of record in the office of the County Clerk of the County of Jefferson (collectively, the "Permitted Exceptions"). This Easement may be amended or terminated only by the written consent of the parties hereto, or their respective successors and assigns. TO HAVE AND TO HOLD the above described easement and right-of-way unto the said CITY OF BEAUMONT, its successors and assigns forever, by, through, or under Grantor, but not otherwise, subject to the Permitted Exceptions. [Signature Page Follows] EXECUTED this day of , 2015. GRANTOR: Hamlet Park 2, LP, a Texas Limited Partnership By: HAMLET MANAGEMENT, INC., a Texas Corporation, Its General Partner By: Printed Name: Alan Grassano Title: President ACKNOWLEDGMENT STATE OF FLORIDA X COUNTY OF INDIAN RIVER X This instrument was acknowledged before me on this the day of , 2015, by Alan Grassano, President of Hamlet Management, Inc., general partner of Hamlet Park 2, LP. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of , 2015. Notary Public, State of Texas RETURN TO,: City of Beaumont Antoinette Hardy - Engineering P. O. Box 3827 Beaumont, TX 77704 FAUST Engineering and Surveying, Inc. Professional Engineers and Professional Surveyors E-MAIL ADDRESS INFO@FAUSTENG.COM 2525 Calder Street Beaumont, Texas 77702 Surveying Firm Registration No. 100024-00 Engineering Firm Registration No. 4800 Telephone (409) 813-3410 Fax (409) 813-3484 EXHIBIT A PAGE 1 OF 2 FIELD NOTE DESCRIPTION FOR A 4,105.97 SQUARE FEET, 10 FEET WIDE EXCLUSIVE WATERLINE EASEMENT OUT OF A 1.00 ACRE TRACT F. BIGNER SURVEY, ABSTRACT NO. 1 JEFFERSON COUNTY, TEXAS June 08, 2015 THAT certain 4,105.97 square feet, 10 feet wide exclusive waterline easement out of a 1.00 acre tract out of the F. Bigner Survey, Abstract No. 1, Jefferson County, Texas; said 1.00 acre tract conveyed to Hamlet Park 2, LP, a Texas Limited Partnership, as recorded in County Clerk's File No. 2007045571 of the Real Property Records of Jefferson County, Texas; said 4,105.97 square feet tract being more particularly described by metes and bounds as follows: (BASIS OF BEARINGS IS THE TEXAS STATE PLANE COORDINATE SYSTEM, SOUTH CENTRAL ZONE, CONVERGENCE 02°22'21"1, SCALE FACTOR 0.999956476, NAD 1983) COMMENCING at a concrete monument (disturbed) found on the west right-of- way line of Crow Road, being the southeast corner of a tract conveyed to Hamlet Park, LP, as described in County Clerk's File No. 2003037055 of the Real Property Records of Jefferson County, Texas, and the northeast corner of the said 1.00 acre tract; THENCE South 02°34'38" East (called South) along the west right-of-way line of said Crow Road and the east line of the said 1.00 acre tract, a distance of 29.81 feet to the northeast corner of the said 1.00 acre tract and the POINT OF BEGINNING of the herein described tract; THENCE South 02°34'38" East (called South) along the west right-of-way line Crow Road and the east line of the said 1.00 acre tract, a distance of 10.00 feet to the southeast corner of the herein described tract; THENCE South 87°03'45" West, a distance of 408.57 feet to the southwest corner of the herein described tract; Field Note Description THENCE North 02°56'15" West, a distance of 10.00 feet to the northwest corner of the herein described tract; THENCE North 87°03'45" East, a distance of 97.77 feet to an angle point in the north line of the herein described tract; THENCE North 0256'15" West, a distance of 2.00 feet to angle point in the north line of the herein described tract; THENCE North 87°03'45" East, a distance of 10.00 feet to an angle point in the north line of the herein described tract; THENCE South 02°56'15" East, a distance of 2.00 feet to angle point in the north line of the herein described tract; THENCE North 87°03'45" East, a distance of 300.85 feet to the POINT OF BEGINNING and containing 4,105.97 square feet of land, more or less. This description and the accompanying plat were prepared from a Land Title Survey performed under the supervision of Richard F. Faust, P.E.,Registered Professional Land Surveyor No. 4782 on October 23, 2014. Richard F. Faust, P.E. Registered Professional Land Surveryor No. 4782 Page 2 co: Q o .cn .......... ......... HCHARD F. FAUST 4782 4782 EXHIBIT B PAGE 1 OF 1 717 ACCOMPANY DESCRIPTION OF A 4105.97 SQUARE FEET BEING A 10 FEET WJDE EXCLUSIVE WATERLINE EASEMENT OUT OF A 1.00 ACRE TRACT R SIGNER SURVEY, ABSTRACT NO. 1 BEAUMONT. JEFFERSON COUNTY, TEXAS COMMENCING POINT FOUND CONC MONUMENT (DISTURBED) S 02 34'38" E 29.81' SOUTH) NOW OR FORMERLY HAMLET PARK LP CK¢ 2003037055 dCR.P.R. POINT OF BEGINNING N N 87-03'45" E 462.76' FOUND 1/2' (CALLED N 90'00'00' E 465.00} REBAR �m N 87'0345" E 10.00' _ S 02 56'15" E 2, DO' S 023438 E 10.00' N 02 56'15" W 2.00' b z N 87'03'45" E 97.77' eti x / S 87'0345" W 408.57' e l(� N 02-56'15' W 10.00' NOW OR FORMERLY o ET PARK Z A TEXAS LL MITED PARTNERSHIP ]o wu CALLED 1.00 ACRES CLERKS FILE NO. 2007045571 J.C.D.R. o S 87-03'45" W 462.76' (CALLED S 90'00'00' W 467.00) �c FOUND 5/8' REBAR NOW OR FORMERLY NORMANDY TOWNHOMES LLC art*99045213 J.CR.P.R. 4782 EXHIBIT B PAGE 1 OF 1 717 ACCOMPANY DESCRIPTION OF A 4105.97 SQUARE FEET BEING A 10 FEET WJDE EXCLUSIVE WATERLINE EASEMENT OUT OF A 1.00 ACRE TRACT R SIGNER SURVEY, ABSTRACT NO. 1 BEAUMONT. JEFFERSON COUNTY, TEXAS COMMENCING POINT FOUND CONC MONUMENT (DISTURBED) FOUND 1/2'J REBAR ASIS OF BEARINGS IS THE TEXAS STATE P NE COORDINATE SYSTEM, SOUTH CENTRAL ZONE. CONVERGENCE 0222'21; SCALE FACTOR 0.999956476, NAD 1983) ._ nm N SCALE 1"= 40' 8 ' VICINITY MAP N.T s ENGINEERING AND SURVEYING, INC. 2520 CALDER STREET ■ XAUMONT. TEXAS 77708 (09) 813-3410 ■ FAX (449) 813-3484 FRC.ECT M 140058 S 02 34'38" E 29.81' SOUTH) (CALLED POINT OF BEGINNING N Q N 8753'45" E 300.85 0 �m O S 023438 E 10.00' rr} b (CALLED SOUTH) O 4x05.97 SQ. FT. troil r0' WIDE EXCLUSIVE WATERLINE EASEMENT FOUND 1/2'J REBAR ASIS OF BEARINGS IS THE TEXAS STATE P NE COORDINATE SYSTEM, SOUTH CENTRAL ZONE. CONVERGENCE 0222'21; SCALE FACTOR 0.999956476, NAD 1983) ._ nm N SCALE 1"= 40' 8 ' VICINITY MAP N.T s ENGINEERING AND SURVEYING, INC. 2520 CALDER STREET ■ XAUMONT. TEXAS 77708 (09) 813-3410 ■ FAX (449) 813-3484 FRC.ECT M 140058 TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Chris Boone, Director of Planning and Community Development MEETING DATE: June 30, 2015 REQUESTED ACTION: Council consider a request to abandon a 60'x-660' general utility easement. BACKGROUND The City of Beaumont has requested the abandonment of the easement retained when a portion of Jirou Street was abandoned to create Babe Zaharias Park. The City is preparing to construct a new fire station at this location and the easement will be in conflict with the development. The only utility affected will be CenterPoint Energy, who is currently working with Fitz & Shipman, Inc. to relocate the gas main. At a Joint Public Hearing held June 15, 2015, the Planning Commission recommended 9:0 to approve a request to abandon a 60'x-660' general utility easement. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of ordinance. APPLICATION FOR RIGHT-OF-WAY OR UTILITY EASEMENT ABANDONMENT CITY OF BEAUMONT, TEXAS THIS IS AN APPLICATION TO ABANDON A: RIGHT-OF-WAY (ROW), UTILITY EASEMENT (UE) OR RIGHT-OF-WAY BUT RETAIN UTILITY EASEMENT. NAME OF APPLICANT: Bernardino Tristan AUTHORITY OF APPLICANT: Engineer PHONE: 409-832-7238 FAX: 409-832-7303 NAME OF OWNER: City of Beaumont - Dr. Joseph Madjalani, 801 Main Street, Suite 210 ADDRESS: Beaumont TX 77701 PHONE: 409-880-3725 FAX: 409-785-4733 ALL OWNERS ABUTTING THE ROW OR UE MUST SIGN WRITTEN REQUEST. (PLEASE ATTACH PROPERTY OWNER'S LIST TO THE APPLICATION) DESCRIP - --)N OF ROW OR UE TO BE ABANDONED: 60' General Utility Easement (formerly Jirou Right -of -Way) 360 ft west of Gulf Street and 660' south from Caldwell Avenue PRESENT USE OF ROW OR UE (LIST UTILITIES IF PRESENT) CenterPoint 4" Gas line to be relocated ATTACH A LETTER STATING THE REASONS FOR THE ABANDONMENT. LEGAL DESCRIPTION OF PROPERTY: LOT N0. BLOCK NO ADDITION OR TRACT 0.9050 Acre Tract PLA SURVEY James Drake Survey, Abstract 18 ATTACH A MAP OR PLAT DELINEATING THE PUBLIC ROW OR UE TO BE ABANDONED AND THE LEGAL DESCRIPTION OF ADJACENT PROPERTY (DIMENSIONED AND TO ENGINEERING SCALE). ATTACH THE $300.00 APPLICATION FEE, THE ACTUAL COST OF NECESSARY APPRAISALS AND TITLE COMMITMENTS. IF PROPERTY IS ABANDONED, APPRAISED VALUE OF THE FEE INTEREST IN THE PROPERTY SHALL BE CHARGED. TO THE BEST OF MY KNOWLEDGE, THE ABOVE INFORMAI. ON IS TRUE AND CORRECT. SIGNATURE OF APPLICANT: !! DATE: - iV —74tj ( j� PLEASE TYPE OR PRINT AND SUBMIT TO: PLANNING DIVISION, ROOM 205 CITY HALL, 801 MAIN STREET BEAUMONT, TX 77701 FILE NUMBER: P.O. BOX 3827 77704 DATE RECEIVED: 2Z t5 (409) 880-3764 FAX (409) 880-3133 RECEIPT NUMBER: APPLICATION FOR PUBLIC RIGHT-OF-WAY, ALLEY OR UTILITY EASEMENT ABANDONMENT Application Ownership List Date: April 24, 2014 Vire, the undersigned, being the sole owners of all the property abutting the proposed abandonment of 0.9050 Acre Tract out of the James Drake Survey, Abstract 18 hereby respectfully petition that the right-of-way, alley, or utility easement be closed and abandoned. OWNER and ADDRESS Lot Block, Addition (tract) (tax plat) (survey) City of Beaumont, 801 Main Street #043100-000-001650-00000-8 City of Beaumont, 801 Main Street #043100-000-001100-00000-4 NOTE: Please print or type your name and then use signature. Separate sheets may be used. ORDINANCE NO. ENTITLED AN ORDINANCE VACATING AND ABANDONING A 60' x —660' GENERAL UTILITY EASEMENT (FORMERLY JIROU RIGHT-OF-WAY), CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS, the City of Beaumont Public Works Department has requested the abandonment of a 60'x —660' general utility easement (formerly Jirou right-of-way), City of Beaumont, Jefferson County, Texas, as described in Exhibit "A" and shown on 'Exhibit "B," attached hereto; and, WHEREAS, the City Council has considered the purpose of said abandonment and is of the opinion that the dedicated waterline easement is no longer necessary for municipal street purposes and the abandonment of said dedicated waterline easement is in the best interest of the City and should be granted; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT a 60' x —660' general utility easement (formerly Jirou right-of-way), City of Beaumont, Jefferson County, Texas, as described in Exhibit "A" and shown on Exhibit "B," attached hereto, be and the same is hereby vacated and abandoned and that title to such property shall revert to and become the property of the persons entitled thereto by law. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 30th day of June, 2015. - Mayor Becky Ames - Fittz&Shipman INC. Ronald D. Fittz, P.E., R.P.L.S. (1948-1987) Terry G. Shipman, P.E., Chairman Billy J. Smith, Jr., President Consulting Engineers and Land Surveyors Donald R. King, P.E. Walter J. Ksiazek, R.P.L.S. FIELD NOTE DESCRIPTION FORA 0.9050 ACRE TRACT OUT OF THE JAMES DRAKE SURVEY, ABSTRACT 18 JEFFERSON COUNTY, TEXAS APRIL 15, 2015 That certain 0.9050 acre tract out of the James Drake, Abstract 18, Jefferson County, Texas, for the partial abandonment of a General Utility Easement as described in Ordinance No. 82-81 dated July 27, 1982 and recorded in Volume 2402, Page 373 of the Deed Records of Jefferson County, Texas, said 0.9050 acre is more particularly described by metes and bounds as follows: Note: Bearings are based on the south right-of-way line of Caldwell Avenue being assumed East. BEGINNING at a Y" iron pipe found in the south right-of-way line of Caldwell Avenue for the northeast corner of the said general utility easement and the said 0.9050 acre tract from which a Y" iron rod found at the intersection of the said south right-of-way line of Caldwell Avenue and the east right-of-way line of Gulf Street bears East 360.09 feet (called 360.00 feet); THENCE South 00°02'44" West along the east line of the said general utility easement and the said 0.9050 acre tract a distance of 660.00 feet (called South) to a point for the southeast corner of the said 0.9050 acre tract from which a concrete monument found in the north right-of-way line of IH -10 Service Road bears South 00002'44" West 209.88 feet (called South); THENCE North 89°57'16" West along the south line of the said 0.9050 acre tract a distance of 60.26 feet (called 60.00 feet) to a point for the southwest corner of the said 0.9050 acre tract from which a concrete monument found in the said north right-of-way line of IH -10 Service Road bears South 00°02'44" West 209.72 feet; THENCE North 00°02'44" East along the west line of the said 0.9050 acre tract a distance of 660.15 feet to a point in the said south right-of-way line of Caldwell Avenue for the northwest corner of the said 0.9050 acre tract; Fittz & Shipman, Inc. Page 1 of 2 Project No. 14030.0001T4 Plat & Description 1405 Cornerstone Court - Beaumont, Texas 77706 • (409) 832-7238 . fax (409) 832-7303 Tx Board of Prof Engineers Firm No. 1160 • Tx Board_ of Prof Land Surveyors Firm No. 100186 EXHIBIT "A" THENCE East along the said south right-of-way line of Caldwell Avenue and the north line of the said 0.9050 acre tract a distance of 59.73 feet (called 60.00 feet) to the POINT OF BEGINNING, and containing 0.9050 acres of land, more or less. This description is based on a survey made by Fittz & Shipman, Inc. during April 2015. Walter J. Ksiazek Registered Professional Land Surveyor No. 5321 Fittz & Shipman, Inc. Page 2 of 2 Project No. 14030.0001T4 Plat & Description 4 CITY OF BEAUMONT TAX 8043100-000-001100-00000-4 JEFFERSON COUNTY, TEXAS CAMWEU AVENUE (ASSUMED BASIS OF BEARINGS) (CALLED 360.00) EAST 360.09 POINT OF BEGINNING - FOUND )4' IRON PIPE PARTIAL ABANDONMENT GENERAL UTILITY EASEMENT RETAINED BY CITY OF BEAUMONT ORDINANCE NO. 82-81 JULY 27, 1982 CITY OF BEAUMONT TAX #043100-000-001650-00000-8 JEFFERSON COUNTY, TEXAS LLI M Q'� 10 /m c16y 0 o 00 OR0 Z / m� 3m LLI LLI z � 40 I�^ 6' 1 V' o< LL - U) to C� /mCN /SO 00 rn� z Z� CITY OF BEAUMONT ABANDONED STREET RETAINED — As GENERALNO. EASEMENT — ORDINANCEE N0. 82-81 Ir � Oi of IN NI FOUND X' FOUND IRON ROD FOUND CONCRETE MONUMENT CONCRETE MONUMENT _....» r 4d4-35 59.73 - N Ur /-*j - - N 89'4821" w jH—jO SERVICAD I DO HEREBY CERTIFY. TO THE BEST OF MY KNOWLEDGE AND BETJEF. THAT THIS IS AN.A000RATE PLAT AND DESCRIPTION OF A SURVEY MADE ON THE GROUND UNDER MY SUPERVISION DU 1iIN APRIL 2015. ' WALTER J. KSIAZEK REGISTERED PROFESSIONAL RVEYOR N0. 5321 FOUND )r IRON ROD ISLA AVENUE Rol O® 0 S C A L E 0:\PROJECTS\14030.0001 — City of Beaumont.Ffre tation No. 1 (survey & civfl)\SURVEY\14D30.D1Bdry.dwg Apr 17. 2015 1D:16am PARTIAL ABANDONMENT OF A GENERAL UTILITY EI011 T SHTAW 4 Fittz�Shipman PROJECT NAME: CITY OF BEAUMONT 2 C=uttingEngirrcersaaLand Nwveyors JAMES DRAKE SURVEY, ABSTRACT 18 1405 CORNERSTONE COURT, BEAUMONT, TEXAS BEAUMONT, TEXAS PROJECT NO. (409) 832-7238 FAX (409) B32 -73D3 14030.0001 L T.B.P.E. FIRM #1160 • T.X.L.S. FIRM #100185 EXHIBIT II B11 DATE:4-15-15 TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tyrone E. Cooper, City Attorney MEETING DATE: June 30, 2015 REQUESTED ACTION: Council consider a resolution authorizing the City Attorney to bring suit against Joseph D. Butler to compel him to comply with the City's Health and Safety Codes. BACKGROUND Mr. Butler owns the residence located at 2175 West Lucas. He has accumulated trash on his property that violates the City's health and safety ordinances. Mr. Butler has been ticketed for violating the City's ordinances and received notice of the proposed lawsuit. However, he has refused to clean up his property. The City Attorney's Office will seek authorization from the Court to clean Mr. Butler's property and, if he does not pay the costs of the clean-up, place a lien on his property. FUNDING SOURCE Liability Trust Fund. RECOMMENDATION Approval of resolution. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Attorney is hereby authorized to file and prosecute a lawsuit against Mr. Joseph D. Butler to compel compliance with the City's Health and Safety Codes. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 30th day of June, 2015. - Mayor Becky Ames - TEXAS REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS JUNE 30, 2015 1:30 P.M. AGENDA CALL TO ORDER * Invocation Pledge Roll Call CANVASSING THE RETURNS OF THE CITY OF BEAUMONT RUN- OFF ELECTION HELD ON JUNE 20, 2015 * Consider an ordinance canvassing the results of the City of Beaumont Run -Off Election which was held the 20'h day of June, 2015, to determine who shall be Councilmember of Ward IV of the City of Beaumont Administration of the -oath of office Recess RECONVENE MEETING * Presentations and Recognition * Public Comment: Persons may speak on scheduled agenda items 1-4, and 8/Consent Agenda * Consent Agenda GENERAL BUSINESS 1. Consider a resolution authorizing the City Manager to award a bid to SR Tilley Builders, Inc. for the Concrete Rehabilitation of Various Locations Project 2. Consider a resolution approving the purchase of a court management software system from Tyler Technologies for use by Municipal Court 3. Consider a resolution authorizing the City Manager to execute Change Order No. 2, accept maintenance, and authorize a final payment to Reytec Construction Resources, Inc. for the Paving and Drainage Improvements on Magnolia Project 4. Consider a resolution authorizing the City Manager to accept maintenance and authorize a final payment to McInnis Construction, Inc., for the new Fire Station No. 2 Project 5. Consider a request for a specific use permit to allow a retail, used clothing and merchandise store in an RCR (Residential Conservation Revitalization) District at 1795 Park Street 6. Consider a request for a specific use permit to allow a home daycare in an R S (Residential - Single Family) District at 3590 Bennett Road 7. Consider a request for a specific use permit to allow an automotive repair shop in an NC (Neighborhood Commercial) District at 3135 Park Street EXECUTIVE SESSION * Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code: Samuel and Son Law Firm, P.L.L.C. vs. City of Beaumont United States v. City of Beaumont 8. Consider a request to conduct a new Public Hearing pertaining to a request for a specific use permit to allow a law office in an RM -H (Residential Multiple Family Dwelling - Highest Density) District at 2226 Hazel Avenue 9. Consider a request for a specific use permit to allow a law office in an RM -H (Residential Multiple Family Dwelling - Highest Density) District at 2226 Hazel Avenue COMMENTS * Councilmembers/City Manager comment on various matters Public Comment (Persons are limited to 3 minutes) Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact Mitchell Normand at 880-3777 three days prior to the meeting. June 30, 2015 Consider an ordinance canvassing the results of the City of Beaumont Run -Off Election which was held the 20th day of June, 2015, to determine who shall be Councilmember of Ward IV of the City of Beaumont TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tina Broussard, City Clerk, TRMC MEETING DATE: June 30, 2015 REQUESTED ACTION: Council consider an ordinance canvassing the results of the City of Beaumont Run -Off Election which was held the 20`x' day of June, 2015, to determine who shall be Councilmember of Ward IV of the City of Beaumont. BACKGROUND The Texas Election Code Section §67.003 requires that the election returns be canvassed, and thereby made official not later than the 11'h day after the Run -Off election day. Council shall meet and canvass the returns and officially declare the results. This ordinance will canvass the results of the June 20, 2015, Run -Off election to elect one (1) Councilmember for Ward IV, held in the City of Beaumont, Texas. RECOMMENDATION Approval of ordinance. ORDINANCE NO. AN ORDINANCE CANVASSING THE RETURNS OF THE CITY OF BEAUMONT RUN-OFF ELECTION HELD ON THE 20TH DAY OF JUNE, 2015, FOR THE PURPOSE OF ELECTING A COUNCILMEMBER FOR WARD IV; AND PROVIDING FOR SEVERABILITY. WHEREAS, the City Council of the City of Beaumont, in regular session on May 19, 2015, duly called the Run -Off Election to be held on the 20th of June, 2015, and the election returns of the ballots cast in said election were canvassed for the following officials: Councilmember for the office of Ward IV; and, WHEREAS, after duly canvassing said returns, the City Council finds that the votes cast at said election for the candidates for said offices are as follows: Councilmember Ward IV: Votes Percentage Melanie Fontenot Smith 791 47.82% Robin Donatta Mouton 863 52.18% NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: Section 1. That the results of said Run -Off Election be and the same are hereby declared to have been as herein set out, .and the following named person was elected to the respective position subject to the taking of her oath of office as provided by the laws of the State of Texas: For Ward Councilmember (Ward IV): Robin Donatta Mouton Section 2. The City Council of the City of Beaumont further finds that notice of said Run-off election was duly and properly given as required by law, and that said election was duly held and returns thereof were duly made by the proper officials of said election and in all things according to law. Section 3. That if any section, subsection, sentence, clause, or phrase of this ordinance or the application of same to a particular person, or to a particular set of circumstances, should for any reason be held invalid, such invalidity shall in no way affect the remaining portions of this ordinance and to such end, the various portions and provisions of this ordinance are declared to be severable. PASSED BY THE CITY COUNCIL of,the City of Beaumont this the 30th day of June, 2015. -Mayor Becky Ames- H June 30, 2015 Consider a resolution authorizing the City Manager to award, a bid to SR Tilley Builders, Inc. for the Concrete Rehabilitation of Various Locations Project BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Joseph Majdalani, Public Works Director MEETING DATE: June 30, 2015 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to award a bid to SR Tilley Builders, Inc. of Vidor in the amount of $3,450,445.00 for the Concrete Rehabilitation of Various Locations Project. BACKGROUND The Concrete Rehabilitation of Various Locations Project consists of saw cutting, removing cracked and broken existing concrete pavements, repair and compact to existing base course, and placement of new reinforced concrete pavement on various concrete pavement locations throughout the City of Beaumont. On May 21, 2015, three (3) formal bids were received. The bid total is shown below with the unit cost tabulation attached. Contractor Location Bid SR Tilley Builders, Inc. Vidor $3,450,445.00 Excavators & Constructors, LTD. Port Arthur $3,600,144.19 Brystar contracting, Inc. Beaumont $3,946,544.00 A total of 270 calendar days is allocated in the completion of the project. SR Tilley Builders, Inc., is a Registered Minority Business Enterprise (MBE) in the City of Beaumont. FUNDING SOURCE Capital Program. RECOMMENDATION Approval of resolution. CITY OF BEAUMONT BID TAB CONCRETE REHABILITATION OF VARIOUS LOCATION PW0415-06 Page 1 SR TILLEY BUILDERS, INC. EXCAVATORS & CONSTRUCTORS, LTD. ALLCO INC. Item No. Item Code Alt Description Unit Measure Estimated Quantity Unit Price Total Unit Total Price Unit Price Total 361 3200 FULL DEPTH CONCRETE REPAIR (6") CPJR (CLASS P) SY 11,503.90 $145.00 $1,668,065.50 $146.53 $1,685,666.47 $165.00 $1,898,143.50 361 3202 FULL DEPTH CONCRETE REPAIR (10") CPJR (HES) Sy 8,850.70 $185.00 $1,637,379.50 $184.09 $1,629,325.36 $215.00 $1,902,900.50 361 3204 FULL DEPTH CONCRETE REPAIR (12") CPJR (HES) Sy 500.00 $200.00 $100,000.00 $201.97 $100,985.00 $255.00 $127,500.00 502 2001 BARRICADES, SIGNS AND TRAFFIC HANDLING MON 9.001 $5,000.00 $45,000.00 $20,463.04 $184,167.36 $2,000.00 $18,000.00 TOTAL COST $3,450,445.00 $3;600,144.19 $3,946,544.00 Page 1 Finance City of Beaumont, Texas Certifies that SR TILLEY BUILDERS, INC. .Meets all the criteria established by the City of Beaumont, and thereby is duly registered as a Minority Business Enterprise, to do business with the City of Beaumont and its agents as such. This certification is valid until June 12, 2017 Laura H. glark, CPA, Chief .Financial Officer June 12, 2015 Certification Date CITY OF BEAUMONT, TEXAS PLANS BECKY AMES FOR MAYOR . CONCRETE REHABILITATION OF W.L. PATE, JR. GETHREL "GET" WILUAMS—WRIGHT VARIOUS LOCATIONS COUNCILMEMBER AT LARGE, 'MAYOR PROTEM COUNCILMEMBER AT LARGE MAY 20 DR. ALAN COLEMAN 15 000NCILMEMBER WARD I MIKE GETZ. AUDWN M..SAMUEL COUNCILMEMBER WARD II COUNCIL MEMBER WARD III 1 BILL SAM COUNCIL MEMBER WARD IV KYLE HAYES CITY MANAGER INDEX OF :SHEETS ;. i�if4� SHEET NO. DESCRIPTION L 2-3 GENERAL NOTES 4 5-61) ESTIMATE. SHEET SUMMARY SHEETS,.+', 7-11 LOCATION MAPS . A 12' 13-24 *EDGE CONDITION TREATMENT- *BC(1 12)-07 C " 25 *TCP (1—:2)-12 _ 26 27-47 *TCP (1-4)-12 PLAN VIEW SHEETS RD, FOLSOM & LUCAS) .(CROW EAST 1r a 48 49 FULL—DEPTH CONCRETE PAVEMENT REPAIR DETAILS CONCRETE' PAVEMENT DETAIL �tkS JJJ //j// 50 *CONCRETE PAVEMENT JOINT SEALANT DETAIL , /L OS �7 G• `v , J 51 CURB AND CURB & GUTTER DETAILS \ ` DW JOSH G. 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NTA B BATF: IISYe0�1 i i Lo N W ~a H oho Lu mmc. L"Z O� V CC V O V BEAUMONT v.au.war, PLAN SHEETS NORTHWEST 71. HY SHEET NO. NTA B BATF: IISYe0�1 I I BEAUMONT PLAN SHEETS NORTHEAST r -U ..- 1-7, SHEET NO NTA 10 1.4 J fr- - - ' i ' 1 I \ 77.. ... . .. . . ...... - J "o. --T o.. J TF I I BEAUMONT PLAN SHEETS NORTHEAST r -U ..- 1-7, SHEET NO NTA 10 1.4 HL. 1 r; L ;- I I— I I L !-I t rr d j r,rr�nvel HL. 1 r N ffl ~ �+ W a z O W 0Qo LU co rO W G� vLAJ Z V BEAUMONT p - PLAN SHEETS SOUTHEAST SHEET NO. NTA' 11 ITT a�rvmu r; r N ffl ~ �+ W a z O W 0Qo LU co rO W G� vLAJ Z V BEAUMONT p - PLAN SHEETS SOUTHEAST SHEET NO. NTA' 11 ITT a�rvmu „ � No. Nevlelon/Neue Dols W3 0 � N W 4 { E � y E ZOO W o 0111. WQv x ® U � V 1 0; OO �' 1 W I W W W + 5� • •� s Ol i # + + W + W cn W m v o I !i e ff"VV R f ZHENO 2. TANco + ED+� O co 0 ,� 86082 . Q .4 lcmwo, Seo . • �No�� \ G� S 0X80 p \ i �EAU6v ONT O� CONCRETE REPAIR PLAN VIEW CROW RD SHEET 1 OF t0 mew a � ' SHEET NO. N.TA Y% DATE wveme * THIS PLAN SHEET IS FOR INFORMATION ONLY * ENGINEER SHALL MARK AND VERIFY ALL REPAIR LOCATIONS PRIOR TO REMOVAL -7 + 0 C 4+ 00 I 41 I i 1 I N 0 + o W N . V THIS. PLAN SHEET IS FOR INFORMATION ONLY ENGINEER SHALL MARK AND VERIFY ALL REPAIR LOCATIONS PRIOR TO REMOVAL i !S �3 O to N W E p U F C Opp mo I 0 E+ ru V U � O III fl' i•...�•, Lyfr`tr". IHENG Z, TAN Zn• . 8688 2�""�°�" co to eD N 00 oa. S�� • • • 0��' + o00 N o 4ya NA�. + rn 4, Ln oD co I CONCRETE REPAIR PLAN VIEW CROW RD SNDET 3 OFIO m:m m sna sneer xo� xsa 28 DarF NWt011 * THIS PLAN SHEET IS FOR INFORMATION ONLY * ENGINEER SHALL MARK AND VERIFY ALL REPAIR LOCATIONS. PRIOR TO REMOVAL 4] O CON. V w E p p E p W + 00 � Q U m O � ,10+00 UZ I V I 1, � ate•" • (G��jj� F'j"�, �. I 1 ,Z"E_gG Z. 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TO REMOVAL 3 a Q w 4 _� 1`.x.0 14+00 l .5 4Lr 0 11 6+00 f 7 I r 1 FF'= LA a + ++ 41 41 MI 1 O c J ' - N i * THIS PLAN SHEET IS FOR INFORMATION ONLY ENGINEER SHALL MARK AND VERIFY .ALL REPAIR LOCATIONS PRIOR. TO REMOVAL No Text is No. RW.I.q/Iveu Dale 4 L O (n N ti W E. O E-; o 41 C V 1+00 112+U01, { ) 0 o� � I �`UTAQew1•wuewaN�afmW w " ZHENG Z. TAN T �,:� a6aaz �. 1 • t`f�0�,•..lC. Ng�� •` f, _ 1 �Ba�wNo��N + +' + N (A UI O W + + + J co BEAUMONT CONCRETE REPAIR PLAN VIEW FOLSOM RD. SHEET O OF D ' SMEEi NO. N.TA. 4O DATFi * THIS PLAN SHEET IS FOR INFORMATION ONLY 1Wfl•1Me * ENGINEER SHALL MARK AND VERIFY ALL REPAIR LOCATIONS PRIOR TO REMOVAL * THI` *-ENG THIS ENGINEER SHALL MARK AND VERIFY ALL REPAIR LOCATIONS PRIOR TO REMOVAL * TH I: * ENGINEER SHALL MARK AND VERIFY ALL REPAIR LOCATIONS PRIOR TO REMOVAL THIS ENGINEER'SHALL MARK AND VERIFY ALL -REPAIR -LOCATIONS PRIOR TO' REMOVAL NNo. H---,- / aue Date ' n O ry] N W F p C4 o?o ow wm� pa v /a Z + (i �J I � o 1 1 1+00 � EAST LUCAS + N + w O 0° O �p I J `D ®1 BEQ.UMONT r�w,m CONCRETE REPAIR PLAN VIEW EAST LUCAS 9NEET t'O!0 � .SHEET NO.a IDTJ. 451 DGTEt * THIS PLAN SHEET IS FOR INFORMATION ONLY wvm�e * ENGINEER SHALL MARK AND VERIFY ALL .REPAIR LOCATIONS PRIOR TO REMOVAL p i \ +V No. ReV1,111 m.! oott Lo O T/] N w CC z oZ W c �3 Q- �i- 00 � 5-1,00 3-11-00 o� !t,-�00 y.� - H V O V Y 1>e ♦` � iH ixtt;nC IIir.101 i.T/W 't• . i. OGOOYty o° C�iU � t•1� t'i�r4.44 a t ``7 S + 41 Ln 1 + + N f O W 0) t0 NO W N 0 0) + BEAUMONT N 0o N mwuwwu CONCRETE REPAIR PLAN VIEW EAST LUCAS SN- 2 OF J tN SM LY • 9!¢lT NO� xva 48 °Aiumou ' * THIS PLAN SHEET IS FOR INFORMATION ONLY *ENGINEER SHALL MARK AND VERIFY ALL REPAIR LOCATIONS PRIOR TO: REMOVAL IV J N{ ua n O W E- p H z'� W �D+o0 x 6-1-00 o W 7+00 "� 0 kN 00 O L tt ZHElSG ZZ,TA� N 056D2 • Q (• po We `n ar�UGm NgQ�cy`t1C�' `gl0NALF� a C � c r BEQaUMONT + J W } O P N CONCRETE REPAIR PLAN VIEW EAST LUCAS sxeera ora SHEEP NO� xas 47 tnenam * THIS PLAN SHEET IS. FOR INFORMATION ONLY * ENGINEER, SHALL MARK AND VERIFY ALL REPAIR LOCATIONS PRIOR TO REMOVAL RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Council hereby approves the award of a contract to SR Tilley Builders, Inc., of Vidor, Texas, in the amount of $3,450,445 for the Concrete Rehabilitation of Various Locations Project to include saw cutting, removing existing cracked and broken concrete pavements, repair and compact existing base course, and placement of new reinforced concrete pavement on various concrete pavement locations throughout the City of Beaumont. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 30th day of June, 2015. - Mayor Becky Ames - 0) June 30, 2015 Consider a resolution approving the purchase of a court management software system from Tyler Technologies for use by Municipal Court BEAUMONT TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Bart Bartkowiak, Chief Technology Officer 513 MEETING DATE: June 30, 2015 REQUESTED ACTION: Council consider a resolution approving the purchase of a court management software system from Tyler Technologies, in the amount of $313,426 for use by Municipal Court. BACKGROUND Pricing was obtained through the National Joint Powers Alliance (NJPA). NJPA provides cities and political subdivisions with the means to make purchases at volume prices contracted under procurement statues. Municipal Court currently uses the Sungard HTE case management software to process all court transactions including citations, arraignments, warrants, jury management, and payments. This software no longer accommodates the needs of the court, therefore it must be replaced. Currently cases are processed manually with all case documents being printed. Tyler Technologies' Encode software will allow for cases to be processed, electronically which will result in a significant savings of time as well as a reduced paper supply cost. Tyler Technologies' Encode software, as well as multiple other vendors, have been reviewed. The Encode software has been found to provide all of the necessary components to meet the Court's needs. One (1) year of software maintenance and support is included in the purchase. FUNDING SOURCE Municipal Court — Technology Fund. RECOMMENDATION Approval of resolution. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Council hereby approves the purchase of Encode court management software system for use by Municipal Court from Tyler Technologies, of Plano, Texas, in the amount of $313,426 through the National Joint Powers Alliance (NJPA) Cooperative Purchasing Program. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 30th day of June, 2015. - Mayor Becky Ames - 3 June 30, 2015 Consider a resolution authorizing the City Manager to execute Change Order No. 2, accept maintenance, and authorize a final payment to Reytec Construction Resources, Inc. for the Paving and Drainage Improvements on Magnolia Project BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Dr. Joseph Majdalani, P.E., Public Works Director MEETING DATE: June 30, 2015 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to execute Change Order No. 2, accept maintenance, and authorize a final payment to Reytec Construction Resources, Inc. for the Paving and Drainage Improvements on Magnolia Project. BACKGROUND On November 19, 2013, by Resolution No. 13-262, City Council awarded Reytec Construction Resources, Inc. of Houston, Texas the contract for the Paving and Drainage Improvements on Magnolia Project in the amount of $4,820,038.45. Change Order No. 1 increased the contract time from 365 days to 455 days. Change Order No. 2 is required to adjust the estimated quantities in the contract to reflect the actual quantities used in the completion of the project. The adjustment in quantities results in an overall increase of $280,919.50 (5.83%) and a final contract value, of $5,100,957.95. The project has been inspected by the Engineering Division and found to be complete in accordance with the provisions and terms set forth in the contract. Acceptance of maintenance and approval of Change Order No. 2 and final payment in the amount of $276,236.95 is recommended. The MBE participation in the performance of the contract is $182,303.72. The MBE participation represents 3.57% of the final contract value. FUNDING SOURCE Community Development Block Grant Round 2.2 Non -Housing Grant with the balance of funds from Capital Program. RECOMMENDATION Approval of resolution. RESOLUTION NO.13-262 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Council hereby approves the award of a contract to Reytec Construction Resources, Inc., of Houston, Texas, in the amount of $4,820,038.45 for the Magnolia Avenue Paving and Drainage, Water and Sanitary Sewer Improvement Project. PASSED BY THE CITY COUNCIL of the City of -Beaumont this the 19th day of November, 2013. L# 1z' A ayor 6ecky Am9s - DATE: March 17, 2015 PROJECT: PAVING & DRAINAGE IMPROVMENTS ON MAGNOLIA (E. LUCAS) OWNER: CITY OF BEAUMONT CONTRACTOR: REYTEC CONSTRUCTION RESOURCES, INC. CHANGE ORDER NO.: 1 THE FOLLOWING CHANGES IN THE PLANS AND/OR SPECIFICATIONS ARE HEREBY MADE: Construction contract time increase by ninety (90) days due to inclement weather end additional work related to driveway modifications. Item No. Item Code Description Unit Original Quantity New Quantity Unit Price/Total No changes made to bid Item quantities or pricing per Change Order No. 1 TOTAL: $0.00 NINETY (90) DAYS ADDED TO THE END OF THE 365 CALENDAR DAYS IN THE CONTRACT BY THIS CHANGE ORDER. ORIGINAL CONTRACT AMOUNT: NET FROM PREVIOUS CHANGE ORDERS: TOTAL AMOUNT OF THIS CHANGE ORDER: PERCENT OF THIS CHANGE ORDER: TOTAL PERCENT CHANGE ORDER TO DATE: NEW CONTRACT AMOUNT: 1 ACCEPTED BY: c REYTEC CONSTRUCTION RESOURCES, INC. RECOMMENDED BY:oo. f /� l �....•�� ZHENG TA'f1,bCITY ENGINEER APPROVED BY: KYLE HAYES, CITY MANAGER $4,820,038.45 $0.00 $0.00 0.00% 0.00% $4,820,038.45 PREPARED BY: /-- � CHACE MANN, PROJECT MANAGER J;r MAJDALANI, P.E., 221 LI WORKS DIRECTOI r ATTESTED BY: TINA BROU SARD, CITY CLERK CITY OF BEAUMONT DATE: MAY 22, 2015 PROJECT: PAYING& DRAINAGE IMPROVMENTS ON MAGNOLIA (F. LUCAS TO GILL ST.) OWNER: CTTYOFBEAUMONT CONTRACTOR: REYTEC CONSTRUCTION RESOURCES, INC. CHANGEORDERNO.: M (FINAL) _ . TfIE r6Lizwmc; cHANGES iN TIIE�Pt:ANs AN/OA SPECIFICATIONS ARE HEREBY.h3ABE: Adjust the Estimated Quantities to reflect AehW Quantities used in the wmpletim ofthe project Item Ile.No. CaMd Description Vnit I Estimated Quantlry Actual Quan6ry I Unit Prim Change Order Amount PAVING AND DRAINAGE DEDUCTIONS 8 162 001 BLOCK SODDING SY 4,921 4,875 $5.00 ($230.00) 9 247 00I ROCK BEDDING(# 57) SY 2,875 1,856.07 $1.00 ($1,018.93) 11 260 002 LIME TREATMENT (HYDRATED LIME SLURRY) (MATERIAL) TONS 351 220.68 S175.00 (522,806.00) 13 276 002 CEMENTTREATMENT (PLANT MIX) (CLL)(TY A)(6'}(ROADWAY) SY, 20,228 18,244.34 $20.00 ($39,673.20) 17 400 002 CEMENT STABILIZED BACKFILL (BOX AND PIPE) CY 3,602 3,259.83 $5000 ($17,108.50) 21 462 004 C X4' REINFORCED CONCRETE BOX LF 947 927 $300.00 ($6,000.00) 24 464 003 30" RCP (CL NO LF 197 124 5105.00 (57,665.04} 30 465 005 MANHOLE (BOX ACCESS) (COMPtFTE) EA 2 0 $4,600.00 ($9,200.00 31 465 006 1MANHOLS- INLET(COMPLETE) EA 14 0 $4,000.00 556,000.00) 32 465 007 MANHOLE-I4LBI(BOX ACCESS)(COMPLETE) EA 7 2 54,200.00 (S21,000.00) 33 465 008 ILEI' EXTENSION(COMPLETE) EA 2 I 1500 (51,500.001 40 $06 001 TEMP. EROS.,SEDIMENT & ENVR CNIRL.(FABRIC) LF 7,227 390 Soo ($6,837.00) 41 506 002 TEMP: EROS., SWRAENr& ENVK CNTRL.(ROCK FILTER) LF. 40 0 S50.00 (S2,000.00) 42 506 003 Too, EROS., SEDRXNT& ENVR CNTRL.(TUBE FILTER) IF 37 28 $8.00 ($72,00) 43 $06 004 TEMP. EROSION ,SEDIMENT & ENVR CNTRL(CONSTRUCTION EXIT) BY 800 0 $5.00 ($4,000.00) 44 529 001 CONCRETE CURB (TY A) LF 6,904 4,846.90 1 53.50 ($7,199.85) 46 530 001 CONCRETE PAVEMENT (DRTVBWAY)(4")(RES) BY 1,736 500.05 $42.00 (551.909.90) 48 530 003 CONCRETE PAVEMENT(DRIVEWAY)(6')(RES) SY 100 14.32 $54.00 ($4,626.72) 50 531 002 CONCRETE WHEEL CRAM RAW (TYPE 7) (4*) EA 23 10 5800.00 ($12,000.00) 51 531 003 CONCRETE WHEEL CHAIR RAW (TYPE 9)(40 EA 3 1 SL000.00 (52,000.00) 39 502 001 PAVING AND DRAEVAGETOTAL AMOUNTDEDUCTED MO 121 13 1 $5,000.00 1 5271847.10 NDDRAINAGEA 3 1 104 1 ow JEEMOvE CONCRETE (PAVEMENT)(80 SY 14,093 1 14,954.44 $3.30 1 $3,008.04 4 104 004 REMOVE CONCRETE (DRIVEWAYS)(6") SY 1.4851 1,545.44 $6,001 $362.64 5 104 OW REMOVE ASPHALT (DRIVEWAYS) SY 74 155.76 $4.00 1 S327.04 6 110 001 EXCAVATION (ROADWAYS -ALL DEPTHS) CY 8,347 14,814.28 $!2.00 $77,607.36 7 132 001 EMBANKMENT CDC. TYPE A) CY 704 7,199.26 515.00 597,428.90 10 260 001 LINE TREATMENT (ROAD MDQ (DENSITY CONTROL) (60 SY 20,228 21,981.27 $4.50 $7,889.72 12 276 001 CEMENT TREATMENT (PI-- MIX) (CL L)(TV A)(120(IRANSTDON) BY 1,907 2,357 $48.00 $21,600.00 14 340 001 DENSE GRADED HOT -MDC ASPHALT (PG 70.22) TONS 203 314.39 $140.00 515,594.60 IS 360 1 001 CONC. PAVMT(IM)(CLASSPOS-370 PSI@7DAYS) I SY 1 19,006 19.319.771 $54.00 $16,943.58 16 400 001 STRUCTURAL EXCAVATION(PRENCH) CY1 12,4641 16,474.661 $6.00 S24,063.96 18 402 001 TRENCH EXCAVATION PROTECTION LF 5,1911 5,231 1 $1.00 540.00 19 462 007 17 X TRENFORCED CONCRETEBOX LF 631 64 1 $500.001 $500.00 20 462 003 5' X YREINFORCED CONCRETE BOX LF 1,801 1,826 $370.00 $9,250.00 22 464 1 001 18' RCP (CLE) LF 484 772 574.00521,312.00 23 464 002 24"RCP (CL DI) LF 1381 1,483 580.00 $8,160.00 25 464 004 36•RCP ICL . E)LF 318 499 $150.001 $27,150.00 26 465 001 CURB INLET (TY A) (COMPLETE) EA 13 34 $4,200.00 588300.00 29 465 004 MANHOLE (TY A) (COMPLETE) EA 3 5 57.006.00 514.000.00 34 479 001 ADIUSTING MANHOLES & II.ffiS (MANHOLE FRAME & COVER) EA 3 4 1 51,600.00 1 $1,600.00 37 496 003 REMOVE OLD STRUCTURE (FIFE) LF 4.6351 5,331 1 $4.00 1 $2,784.00 39 502 001 BARRICADES, SIGNS, AND TRAFFIC HANDLB4G MO 121 13 1 $5,000.00 1 55,000.00 45 529 002 CONCRETE CURB& GUTTER COMBINED (21 X 6) LF 351 40 $40.00 $200.00 47 $30 002 CONCRETE PAVEMENT (DRIVEWAY)(60(COMM) SY 1,4851 1,769.151 $54.00 S15,344.10 49 531 001 CONCRETE SIDEWALK (4) SY 116771 2,265.69 $40.00 523,547.60 107 NEW CO2 CURB DEBT PIPE COLLARS FOR EXISTING UIB.ITY CLEARANCE LS 0 1 52,842.80 52,842.80 108 NEW CO2 REMOVE&RE.00, DOWE.BASKETS&STIM PERDESIGNAINUST, IS 0 1 S1,455.37 51,455.33 109 NEW CO2 CONCRETE ENCASEMENT REMOVAL FOR MAGNOLIA I GILL TTFIN IS 0 I1 51,985.76 51,985.76 110 NEW CO2 AD1t757EGHT(8)TYPBAINLEIS&INSTALL IWHDPE EXTENSIONS LS 0 t 512,979.48 .12,979.48 111 NEW CO2 INSTALL ADA APPROVED DETECTABLE WARNING PANELS LS tl 1 $3,040.89 $3,040.69 PAVING AND BRATNAGETOTAL AMOUNT ADDED I I 5504,217.80 TRANSPORTATION DEDUCTIONS 52 644 001 RELOCATE SMALLROAD SIGN ASSEMBLY BA 381 30 1 $270.00 1 (521160.00) 53 666 001 4'TYPEI(Y)(100ML) LF 5,9941 5.4001 51.00 I (5494.00 57 666 005 4- THERMO PLASTIC SEALER (LANE) LF 1,521.. 0 50.50 (S760.5oj 61 64 66 69 666 666 678 678 009 012 001 004 6-r-aRi(Vninannoo ML) TIERMO PLASTIC SEALER(DOi) PAVMT SURFTALT FORMARKINGS(4) - PAVMT SUEF PREP FOR MASKINGS(6)(D07) TRANSPORTATION TOTAL AMOUNT DEDUCTED LF LF LF LF 96 96 5,894 96 0 0 0 0 50.80 $0.40 $0.40 $0.35 ($76.80 ($38.40 (52357.69) $33.6 55,92090 • L-1 9 W ATItR itTR Ti7RC TRTTtlM^iTNC 75 4 1 IFURNISH&INSTALL V HOPE, SDR -9,200 psi(TEENCHIBORE) LP 200 42 250.00 57,900.00) 8o 9 1 IFURNISH&INSTALL 6- MY SOLID SLEEVE EA 7 2 $200.00 (51,000.00) 81 10 1 IFURNISH&INSTALLPM1 SOLID SLEEVE EA 5 1 $250.00 ($1,000.00) 82 1 it 1 IFURNISH&INSTALL I2'MI SOLID SLEEVE EA 3 1 $400.00 (S800.00) 86 1 IS FURNISH& INSTALL 9'X 8' MI THE EA t 0 5400.00 (340D.00) 90 1 19 -1 IFURNISH& INSTALL I2' X 12'MI CROSS BA 1,00 0 $1,100.00 ($1,100.00) 92 21 IFURNISH& INSTALL I2'X 6' M3 REDUCER EA 2.00 0 $320.00 (5640.00) 93 22 JFURMH&INSTALL 2"X 6'M REDUCER EA 1.00 0 5210.00 (5210.ODJ 95 24 1 IFURNISH& INSTALL 8' RES. WEDGE OV&BOX EA 9.00 8 51,300.00 ($1,300.00) 97 26 FURNISH&INSTAUXIIIIS. WEDGE GV&BOX EA I.00 0 5750A0 (S750A0) 98 27 FURNISH &INSTALL2"BALL VALVE EA 2.06 1 5500.40 (5500.00 99 28 FURNISH&INSTALLFIREHYDRANTASSEMELY EA 10.00 9 55 ,300.00 (55,300.00) 103 32 REPENT OF 2"HDP8,P83408 SDR. -9, 2o0PSILONG5IDESERV CONN BA 3.00 1 51,900.00 {53,800.00) 105 34 RPMOVH &REPLACE SANITARY SEWBRMANHOLE EA 2.00 0 57,000.00 (534,000.00) 106 35 REMOVE& REPLACE IO' SANITARY SEWERLINES Ix 115.00 D 5160.00 {518,440.00) WATERUTILTITESTOTALAMOUNTDEDUCPED I_ {557,300.00) NO CALENDAR DAYS HAVE BERN ADDED TO THE CONTRACT BY THIS CHANGE ORDER ORIGINAL CONTRACT AMOUNT: 54120.038,45 NET FROM PREVIOUS CHANGE ORDERS: SO.Uo TOTAL AMOUNT OF THIS CHANGE ORDER: 528091950 PERCENT OFTHIS CHANGE ORDER: 5.83% TOTALPRRCENT CHANGE OItDERTO DATE: 5.83 NEW, CONTRACTAMOUNT: 55,100,95795 ACCEPTEOStYel-lel_.,-�-I�2. (4t ?c REYTECCDNS=UCMoNRFSOD =lNC RECOMMENDED Mi �ZFmGTA",crrySNcmlR APPROVEDBY: SCYLE HAVES CITY MANAGER PREPARED BY! J 1//� z J CRACEMANN,PR0MCf MANAGER 50S)D73 A1dN3, - Pt18LiC ORRSDIRECTOA ATrZ TED BY: 27NA BROUSARD, CITY CLEAR t • CITY OF BEAUMONT MONTHLY PAY ESTIMATE BPO - 350554 SHEET 1 OF 4 PROJECT NAME: PAVING& DRAINAGE IMPROVEMENTS ONMAGNOLIA (EAST LUCASETOGILL) I PROJECT NUMBER: BMTPWENG0040 CONTRACTOR: REYTEC CONSTRUCTION RESOURCES, INC. CONTRACT DATE : FEBRUARY 3, 2014 MONTHLY ESTIMATE 0: is INEW CONTRACT CALENDAR DAYS: 455 CONTRACTAMOUNT: $5,100,957.95 PERCENTOFTIM EUSED : 96% PERCENT OF WORK COMPLETED.: 100.0% PAYPERIOD: FINAL PAYMENT- CONTRACT CLOSEOUT ICALENDAR DAYS USED: 438 CHANGEORDERS: 2 ITEM ITEM NO, DESC. CODE ALT. DESCRIPTION CONTRACT QUANTITY UNIT PREVIOUS CURRENT ESTIMATE ESTIMATE TOTAL ESTIMATE UNIT PRICE TOTAL AMOUNT 1 104 001 REMOVE CONCRETE CURB & GUTTER COMBINED 6,663.00 LF 6,863.00 6,663.00 $2.25 $14,991,75 2 104 002 REMOVE CONCRETE (SIDEWALKS & W.C. RAMP) (4') 2,167.00 Sy 2,167.00 2,167.00 $2.00 $4,334.00 3 104 003 REMOVE CONCRETE (PAVEMENT) (8") 14,954.44 Sy 14,954.44 14,954.44 $3.50 $52,340.54 4 104 004 REMOVE CONCRETE (DRIVEWAYS) (6") 1,545.44 Sy 1,545.44 1,545.44 $6.00 $9272.64 5 104 1 006 1 REMOVE ASPHALT (DRIVEWAYS) 165.761 SY 155.76 155.76 $4.00 $623.04 6 110 001 EXCAVATION (ROADWAYS - ALL DEPTHS) 14,814.28 CY 14,814.28 14,814.28 $12.00 $177,771.36 7 132 001 EMBANKMENT (DC, TYPE A) 7,199.26 CY 7,199.26 7,190.26 $15.001 $107.988,90 8 162 001 BLOCK SODDING 4,875.00 Sy 4,875,00 4,875.00 $5.001 $24,375.00 9 247 001 ROCK BEDDING (# 57) 1,856.07 Sy 1,856.07 1,856.07 $1.00 $1,856.07 10 260 001 LIME TREATMENT (ROAD MIX) (DENSITY CONTROL) (6") 21,981.27 Sy 21,981.27 21,981.27 $4.50 $98,915.72 it 260 002 LIME TREATMENT (HYDRATED LIME SLURRY) (MATERIAL) 220.66 TONS 220.68 220.68 $175.00 $38,619.00 12 276 001 CEMENT TREATMENT (PLANT MIX) (CL L) (TY A) 300 PSI - 7 DAYS GRD 3 12" TRANSITION 2,357.00 Sy 2,357.00 2,357.00 $48.00 $113,136.00 13 276 002 CEMENT TREATMENT (PLANT MIX) (CL L) (TY A) 300 PSI - 7 DAYS GRD 3 6(ROADWAY) 18,244.34 Sy 18,244.34 18,244.34 $20.00 $364,886.80 14 340 001 1 DENSE GRADED HOT -MIX ASPHALT (PG 70-22) 314.39 TONS 314.39 314.39 $140.00 $44,014.60 15 360 001 CONIC. PAVMT (10")(CLASS P)(FS-570 PSI aQ 7 DAYS) 19,319.77 Sy 19,319.77 19,319.77 $54.00 $1,043,267.58 16 400 001 STRUCTURAL EXCAVATION (TRENCH) 16,474.66 CY 16,474.66 16,474.66 $6.00 $98,847.96 17 400 002 CEMENT STABILIZED BACKFILL (BOX AND PIPE) 3,259,83 CY 3,259.63 3,259.83 $50.00 $162,991.50 18 402 001 TRENCH EXCAVATION PROTECTION 5,231.00 LF 5,231.00 5,231.00 $1.00 $5,231.00 19 462 001 TX & REINFORCED CONCRETE BOX 64.00 LF 64.00 64.00 $500.00 $32,000.00 20 462 003 5'X 5' REINFORCED CONCRETE BOX 1,626.00 LF 1,826.00 1,826.00 $370.00 $675,820.00 21 462 004 14'X 4' REINFORCED CONCRETE BOX 927.00 LF 927.00 927.00 $300.00 $278,100.00 22 464 001 18" RCP (CL. 111) 772.00 LF 772.00 772.00 $74.00 $57.128.00 23 464 002 24" RCP (CL. III) 1,483.00 LF 1,483.00 1,483.00 $80.00 $118,640.00 24 464 003 30" RCP (CL. III) 124.00 LF 124.00 124.00 $105.00 $13,020.00 25 464 004 36" RCP (CL. 111) 499.00 LF 499.00 499.00 $150.00 $74,850.00 26 465 001 CURB INLET (TY A) (COMPLETE) 34.00 EA 34.00 34.00 $4,200.00 $142,800.00 27 465 002 CURB INLET (TY R) (COMPLETE) 2.00 EA 2.00 2.00 $5,500.00 $11,000.00 28 465 003 1 CURB INLET (TY S) (COMPLETE) 21.00 EA 21.00 21.00 $3,000.00 $63,00D.00 29 465 004 MANHOLE (TY A) (COMPLETE) 5.00 EA 5.00 6.00 $7,000.00 $35,000.00 30 465 005 MANHOLE (BOX ACCESS) (COMPLETE) EA - $4,600.00 $0.00 31 465 006 MANHOLE - INLET (COMPLETE) EA - - $4,000.00 $0.00 32 465 007 MANHOLE -INLET (BOX ACCESS) (COMPLETE) 2.00 EA 2.00 2.00 $4,200.00 $8,400.00 33 465 008 INLET EXTENSION (COMPLETE) 1.00 EA 1.00 1.00 $1,500.00 $1,500.00 34 479 001 ADJUSTING MANHOLES & INLETS (MANHOLE FRAME & COVER) 4.00 EA --4.00_1_4.00 $1,600.00 $6,400.00 35 1 496 1 001 1 IREMOVE OLD STRUCTURE (INLET) 32.00 EA. 32.00 1 - 32.00 $165.00 $5,280.00 36 496 002 REMOVE OLD STRUCTURE (MANHOLE) 13.00 EA 13.00 13.00 $330.00 $4,290.00 37 496 1 003 1 REMOVE OLD STRUCTURE (PIPE) 5,331.00 LF 5,331.00 ' 5,331.001 $4.00 $21,324.00 BPO - 350554 SHEET 2OF4 PROJECTNAME: PAVING& DRAINAGE IMPROVEMENTS ON MAGNOLIA IEASTLUCA$ETOGILL) PROJECTNUMSER: BMTPWENG0040 CONTRACTOR: REYTEC CONSTRUCTION RESOURCES, INC. 1CONTRACT DATE : FEBRUARY 3, 2014 MONTHLY ESTIMATE 0: 15 I NEW CONTRACT CALENDAR DAYS: 45S CONTRACTAMOUNT: $S,100,957.95 PERCENTOFTIME USED: 9646 IPERCENT OF WORK COMPLETED: 100.0% PAYPERIOD: FINALPAYMENT -CONTRACT CLOSEOUT ICALENDAR DAYS USED: 430 CHANGEOROERS: 2 ITEM ITEM NO. DESC. CODE ALT, DESCRIPTION CONTRACT QUANTITY UDIr PREVIOUS ESTIMATE CURRENT ESTIMATE TOTAL ESTIMATE UNIT PRICE TOTAL AMOUNT 38 500 001 MOBILIZATION 1.00 LS 1.00 1.00 $140,000,00 $140.000.00 39 502 001 BARRICADES, SIGNS, AND TRAFFIC HANDLING 13.00 MO 13.00 13.00 $5,000.00 $65,000.00 40 506 001 TEMP. EROS., SEDIMENT & ENVR, CNTRL. (FABRIC) INSTALLATION & REMOVAL 390.00 LF 390.00 390.00 $1.00 $390.00 41 506 002 TEMP. EROS., SEDIMENT & ENVR. CNTRL. (ROCK FILTER) INSTALLATION & REMOVAL LF - $50.00 $0.00 42 506 003 TEMP, EROS., SEDIMENT & ENVR. CNTRL. (TUBE FILTER) INSTALLATION & REMOVAL 28.00 LF 28.00 28.00 $8.00 $224.00 43 506 004 TEMP. EROSION, SEDIMENT & ENVR. CNTRL. (CONSTRUCTION EXIT INSTALLATION & REMOVAL SY $5.00 $0.00 44 529 001 CONCRETE CURB (TY A) 4,846.90 LF 4,646.90 4,846.90 $3.50 $16,964.15 45 529 002 CONCRETE CURB & GUTTER COMBINED (2' X 6') 40.00 LF 40.00 40.00 $40.00 $1,600.00 46 530 001 CONCRETE PAVEMENT (DRIVEWAY) (4 -)(RES) 500.051 SY 500.05 500.05 $42.00 $21,002.10 47 530 002 CONCRETE PAVEMENT (DRIVEWAY) (6")(COMM) 1,769.151 SY 1,769.15 1,769.15 $54.00 $95,534.10 48 530 003 CONCRETE PAVEMENT (DRIVEWAY) (6 -)(RES) 14.32 SY 14.32 14.32 $54.00 $773.28 49 531 001 CONCRETE SIDEWALK (4") 2,265.69 SY 2,265.69 2,265.69 $40.00 $90,627.60 50 531 002 CONCRETE WHEEL CHAIR RAMP (TYPE 7) (4") 10,00 EA 10.00 10,00 $800.00 $8,000.00 51 531 003 CONCRETE WHEEL CHAIR RAMP (TYPE 9) (4") 1.00 EA 1.00 1.00 $1;000.00 $1,000.00 107 NEW CO2 CURB INLET PIPE COLLARS FOR EXISTING UTILITY CLEARANCE 1.00 LS - 1.00 1.001 $2,842.80 $2,842.80 108 NEW CO2 REMOVE & RELOC. DOWEL BASKETS & STEEL PER DESIGN ADJU 1.00 LS 1 1.001 1,001 $1,455.33 $1,455.33 109 NEW CO2 CONCRETE ENCASEMENT REMOVAL FOR MAGNOLIA/ GILL TIE-IN 1.00 LS I 1.00 1 1.001 $1,985.76 $1,985.76 110 NEW CO2 ADJUST EIGHT (8) TYPE A INLETS & INSTALL 18" HDPE EXTENSIOIN 1.00 tLS 1 1.001 1.001 $12,979.48 $12,979.48 111 I NEW I CO2 I JfNSTALL ADA APPROVED DETECTABLE WARNING PANELS 1.001 LS 1.001 1.00 $3,040.89 $3,040.89 TRANSPORTATION 52 644 001 RELOCATE SMALL ROAD SIGN ASSEMBLY 30.00 EA 30.00 30.00 $270.40 $0,100.00 53 666 001 4" TYPE I (Y) (100ML) 5,400.00 LF 5,400.00 5,400.00 $1.00 $5,400,00 54 666 002 4" TYPE I (W) OOOML) 1,640.00 LF 1,640.00 1,640.00 $1.20 $1,968.00 55 666 003 12" TYPE I (W) (CROSSWALK) (1OOML) 1,943.00 LF 1,943.00 1.943,00 $5.00 $9,715.00 56 666 004 4" THERMO PLASTIC SEALER 7.040.00 LF 7,040.00 7,040.00 $0.40 $2,816.00 57 666 005 4" THERMO PLASTIC SEALER (LANE) LF $0,50 $0.00 58 .666 006 12" THERMO PLASTIC SEALER (CROSSWALK) 1,943.00 LF 1,943.00 1,943.00 $2.00 $3,886.00 59 666 007 PREFAB PAV MRKNG TY C (W) (ARROW) (100 ML) 4.00 EA 4.00 4.00 $210,00 $840.00 60 666 008 PREFAB PAV MRKNG TY C (W) (" ONLY") (100 ML) 10.00 EA 10.00 10.00 $290.00 $2,900.00 61 666 009 6'TYPE I (W) (DOT) (100 ML) LF - $0.80 $0.00 62 666 010 THERMO PLASTIC SEALER (ARROW) 4.00 EA 4.00 4.00 $40.00 $160.00 63 666 011 THERMO PLASTIC SEALER C'ONLY") 4,00 EA 4.00 4.00 $60.00 $240.00 64 666 012 THERMO PLASTIC SEALER (DOT) LF $0.40 $0.00 65 672 001 REFL PMVT MARKER (TYPE 11 -B -B) ( FOR FH) 10.00 EA 10.00 lo.DD $10.00 $100.00 66 678 OD1 PAVMT SURF PREP FOR MARKINGS (4") - LF $0.40 $0.00 67 678 002 PAVMT SURF PREP FOR MARKINGS (4") (LANE) 7,040.00 LF 7,040.00 7,040.00 $0.50 $3,520.00 68 678 403 PAVMT SURF PREP FOR MARKINGS (12" CROSSWALK) 1,943.00 LF 1,943.00 1,943.00 $1.00 $1,943,00 69 678 004 IPAVMTSURF PREP FOR MARKINGS (6") (DOT) LF $0.35 $0.00 70 1 678 005 1 PAVMT SURF PREP FOR MARKINGS (ARROW) 4,00 EA 4.00 4.00 $25.00 $100.00 71 678 006 IPAVMT,9URF PREP FOR MARKINGS ("ONLY) 4.00 1 EA 4.001 4.00 $25.00 $100.00 BPO - 350554 SHEET 3 Or 4 PROJECTNAME: PAVING& DRAINAGE IMPROVEMENTS ON MAGNOLIA(EASTLUCASETOGILL) PROJECT NUMBER: BMTPWENG0040 CONTRACTOR: REYTEC CONSTRUCTION RESOURCES, INC, ICONTRACT DATE: FEBRUARY 3, 2014 MONTHLY ESTIMATE # : 15 NEW CONTRACT CALENDAR DAYS: 455 CONTRACTAMOUNT: $5,100,957.95 PERCENT OF TIME USED: 96% IPERCENT OF WORK COMPLETED: 100.0% PAY PERIOD: FINAL PAYMENT- CONTRACT CLOSEOUT CALENDAR DAYS USED: 438 ICHANGE ORDERS: 2 ITEM ITEM NO. DESC, CODE ALT. DESCRIPTION BID QUANTITY Unit PREVIOUS ESTIMATE CURRENT ESTIMATE TOTAL ESTIMATE UNIT PRICE TOTAL AMOUNT 72 1 WATER UTILITIES FURNISH & INSTALL IT PVC, CLA SO-DR18-900 PVC (OPEN 7RENCHIDIR BORE 3,501.00 LF 3,501.00 3,501.00 $95.00 $332,595.00 73 2 FURNISH & INSTALL 8" PVC, CL.150-DR18-900 PVC (OPEN TRENCHJDIR BORE) 387.00 LF 387.00 387.00 $120.00 $46,440.00 74 3 FURNISH & INSTALL 6" PVC, CL.150-DR18-900 PVC (OPEN TRENCHJDIR BORE 949.00 LF 949.00 949.00 $100.00 $94,900.00 75 4 FURNISH & INSTALL 2" HDPE, SDR -9, 200 psi (OPEN TRENCH1DiR BORE 42,00 LF 42.00 42.00 $50.00 $2,100.00 76 5 FURNISH & INSTALL 8" MJ 90 DEG BEND 1.00 EA 1.00 1.00 $250.00 $250.00 77 6 FURNISH & INSTALL 6" MJ 45 DEG BEND 38.00 EA 38.00 38.00 $180.00 $6,840.00 78 7 FURNISH & INSTALL W MJ 45 DEG BEND 11.00 EA 11.00 11.00 $230.00 $2,530.00 79 8 FURNISH & INSTALL 12" MJ 45 DEG BEND 12.00 EA 12.00 12.00 $500.00 $6,000.00 80 9 FURNISH & INSTALL 6" MJ SOLID SLEEVE 2.00 EA 2.00 2.00 $200.00 $400.00 81 10 FURNISH & INSTALL 8" MJ SOLID SLEEVE 1.00 EA 1.00 1.00 $250.00 1 $250.00 82 11 FURNISH & INSTALL 12" MJ SOLID SLEEVE 1.00 EA 1.00 1.00 $400.00 $400.00 83 12 1 FURNISH & INSTALL 6" X 2" TAPPED CAP 8.00 EA 8.00 8.00 $240.00 $1,920.00 84 13 FURNISH & INSTALL 8" X 2" TAPPED CAP 4.00 EA 4.00 4.00 $270.00 $1,080.00 65 14 FURNISH & INSTALL 12"X 2" TAPPING SADDLE 2.00 EA 2.00 2.00 $580.00 $1,160.00 86 15 FURNISH & INSTALL 8" X 8" MJ TEE EA - - $400.00 $0.00 87 16 FURNISH & INSTALL 12"X 12" MJ TEE 1.00 EA 1.00 1.00 $750.00 $750.00' 88 17 FURNISH & INSTALL 12"X 8" MJ REDUCING TEE 4.00 EA 4.00 4.00 $560.00 $2,320.00 89 18 FURNISH & INSTALL 12"X 6" MJ REDUCING TEE 9.00 EA 9.00 9.00 $550.00 $4,950.00 90 19 1 IFURNISH & INSTALL 12" X 12" MJ CROSS - EA $1,100.00 $0.00 91 20 FURNISH & INSTALL 12" X 8" MJ REDUCER 1.00 EA 1.00 1.00 $350.00 $350.00 92 21 FURNISH & INSTALL 12" X 6" MJ REDUCER - EA - $320.00 $0.00 .93 22 FURNISH & INSTALL 9'-X 6" MJ REDUCER - EA - $210.00 $0.00 94 23 FURNISH & INSTALL 12" RES. WEDGE GV & BOX 15.00 EA 15.00 15.00 $2,200.00 $33,000.00 95 24 FURNISH & INSTALL 8" RES. WEDGE GV & BOX 8.00 EA 8.00 8.00 $1,300.00 $10,400.00 96 25 FURNISH & INSTALL 6" RES. WEDGE GV & BOX 16.00 EA 16.00 16.00 $900.00 $14,400.00 97 26 FURNISH & INSTALL 4" RES. WEDGE GV & BOX EA $760.00 $0.00 98 27 IFURNISH & INSTALL 2" BALL VALVE &.BOX 1.00 EA 1.00 1.00 $500.00 $500.00 99 28 FURNISH & INSTALL FIRE HYDRANT ASSEMBLY 9.00 EA 9.00 9.00 $5,300.00 $47,700.00 100 29 REPLMT OF i" HDPE, PE3408 SDR -9, 200PSI SHORT SIDE SERV CONN 20.00 EA 20.00 20.00 $800.00 $16,000.00 101 30 REPLMT OF 1" HDPE, PE3408 SDR -9, 20OPSI LONG SIDE SERV CONN 31.00 EA 31.00 31.00 $1,300.00 $40,300.00 102 31 REPLMT OF 2" HDPE, PE3408 SDR -9, 20OPSI SHORT SIDE SERV CONN 3.00 EA 3.00 3.00 $1,500.00 $4,500.00 103 32 REPLMT OF 2" HDPE, PE3408 SDR -9, 20OPSI LONG SIDE SERV CONN 11 . 1.00 EA 1.00 1.00 $1,900.00 $1,900.00 BPO - 350554 SHFFT 6 AS A PROJECTNAME: PAVING& DRAINAGE IMPROVEMENTS ON MAGNOLIA (EASTLUCASETOGILL) PROJECTNUMBER: BMTPWENG0040 CONTRACTOR: REYTEC CONSTRUCTION RESOURCES, INC. CONTRACT GATE: FEBRUARY 3, 2014 MONTHLY ESTIMATE N: 15 INEW CONTRACT CALENDAR DAYS: 455 CONTRACTAMOUNT: $5,100,9S7.95 IPERCENT OF TIME USED: 96% PERCENTOF WORK COMPLETED: 100.0% PAY PERIOD: FINAL PAYMENT- CONTRACT CLOSEOUT ICALENDAR DAYS USED: 438 ICHANGE ORDERS: 2 ITEM ITEM NO. DE:SC. ALT. DESCRIPTION CODE - BID QUANTITY Unit PREVIOUS CURRENT TOTAL ESTIMATE ESTIMATE ESTIMATE UNIT PRICE TOTAL AMOUNT 104 33 REMOVAL OF EXIST WATERLINE 1.00 LS 1.00 1.00 $10,000.00 $10,000.00 105 34 REMOVE & REPLACE SANITARY SEWER MANHOLE - EA $7,000.00 $0.00 106 35 REMOVE & REPLACE 10" SANITARY SEWER LINES LF $160.00 $0.00 PREPARED BY: ��l� (/ CHACE MANN - PROJECT MANAGER ......�— RECOMMENDED BY: ZMKGTAN,P.E.-CCCIITYYENGINEER APPROVED BY: '7.r: '"f% 1,4^14, �I-y'+✓ DR. JO H MAIDALANI, P.E. - PUBLICAVORKS DIRECTOR I certify that all work and materials covered by this Invoice have been completed and/or delivered In accorow-e it thecon act Documents. REYTEC CONSTRUCTION RESOURCES, INC. GRAND TOTAL AMOUNT OF WORK DONE: RETAINAGE LESS PREVIOUS PAY ESTIMATE: AMOUNT DUE THIS ESTIMATE: $5,100,957.95 $0.00 $4,824,721.00 $276,236,95 RESOLUTION NO. WHEREAS, on November 19, 2013, the City Council of the City of Beaumont, Texas, passed Resolution No. 13-262 awarding a contract in the amount of $4,820,038.45 to Reytec Construction Resources, Inc., of Houston, Texas, for the Magnolia Avenue Paving and Drainage, Water and Sanitary Sewer Improvement Project; and, WHEREAS, Change Order No. 1, in the amount of $0.00, was required to increase the construction contract time by ninety (90) days due to inclement weather and additional work related to driveway modifications, thereby having no affect on the total contract amount of $4,820,038.45; and, WHEREAS, Change Order No. 2, in the amount of $280,919.50, is required to adjust the estimated quantities to reflect the actual quantities used in the completion of the project, thereby increasing the contract amount to $5,100,957.95; and, WHEREAS, the project has been inspected by the Engineering Division and found to be complete in accordance with the provisions and terms set forth in the contract; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT the City Manager be and he is hereby authorized to execute Change Order No. 2 for additional work described above, thereby increasing the contract amount by $280,919.50 for a total contract amount of $5,100,957.95 for the Magnolia Avenue Paving and Drainage, Water and Sanitary Sewer Improvement Project; and, BE IT FURTHER RESOLVED THAT the Magnolia Avenue Paving and Drainage, Water and Sanitary Sewer Improvement Project be and the same is hereby accepted; and, BE IT ALSO RESOLVED THAT the City Manager is hereby authorized to make final payment in the amount of $276,236.95 to Reytec Construction Resources, Inc. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 30th day of June, 2015. - Mayor Becky Ames - E! June 30, 2015 Consider a resolution authorizing the City Manager to accept maintenance and authorize a final payment to McInnis Construction, Inc., for the new Fire Station No. 2 Project TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Dr. Joseph Majdalani, P.E., Public Works Director MEETING DATE: June 30, 2015 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to accept maintenance and authorize a final payment to McInnis Construction, Inc., for the new Fire Station No. 2 Project. BACKGROUND On October 22, 2013, by Resolution No. 13-240, City Council awarded McInnis Construction, Inc., of Silsbee, Texas the contract for Fire Station No. 2 in the amount of $2,724,920.00. Fire Station No. 2 had a total of thirteen (13) change orders. Change Orders 1-12 were deducted from the Contingency Allowance of $40,000.00 and Change Order No. 13 in the amount of $8,542.01 was executed by the City Manager making the final contract price $2,733,462.01. The project has been inspected by the Engineering and Facilities Maintenance Divisions and found to be complete in accordance with the provisions and terms set forth in the contract. Acceptance of maintenance and final payment in the amount of $136,573.09 is recommended. The MBE participation in the performance of the contract is $81,580.00. The MBE participation represents 3.15% of the final contract value. FUNDING SOURCE Community Development Block Grant Round 2.2 Non -Housing Grant with the balance of funds from Capital Program. RECOMMENDATION Approval of resolution. RESOLUTION NO.13-240 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Council hereby approves the award of a contract to McInnis Construction, Inc., of Silsbee, Texas, in the amount of $2,724,920 for the Fire Station No. 2 Construction Project; and, BE IT FURTHER RESOLVED THAT the City Manager be and he is hereby authorized to execute a contract with McInnis Construction, Inc., of Silsbee, Texas, for the purposes described herein. PASSED BY THE CITY COUNCIL of the City of Beaumont -this the 22nd day of October, 2013. 9 J Becky Ames - O.iWIAIA Change Order Document G701`" -2001 PROJECT (Name and address): CHANGE ORDER NUMBER: 001 OWNER: CITY OF BEAUMONT FIRE DATE: December 26, 2013 ARCHITECT: STATION #2 4990 HELBIG STREET CONTRACTOR: BEAUMONT, TEXAS 77708 FIELD: ❑ TO CONTRACTOR (Name and address): ARCHITECT'S PROJECT NUMBER: 1272 MCINNIS CONSTRUCTION, INC. CONTRACT DATE: October 23,2013 OTHER: ❑ 675 SOUTH FOURTH STREET CONTRACT FOR: General Construction BEAUMONT, TEXAS 77656 THE CONTRACT IS CHANGED AS FOLLOWS: (Include, where applicable, any undisputed amount attributable to previously areculed Construction Change Directives) Item #1. Remove eighteen (18) damaged trees $ 4,500.00 Item #2. Conduit for Electrical Service--tt't5"6 -4 Item #3. Conduit Extension for Service $ 2,650.00 Item #4. Four Trees Removed for Service $ 1,500.00 Item #5. Credit to Owner for Power Use <$ 2,700.00> Amount of Contingency Allowance $40,000.00 Net Amount to be deducted from Contingency Allowance $ 8,315.00 Remaining Contingency Allowance $31,685.00 - The original Contract Sum was $ 2,724,920.00 The net change by previously authorized Change Orders $ 0.00 The Contract Sum prior to this Change Order was $ 2,724,920.00 The Contract Sum will be increased by this Change Order in the amount of $ 0.00 The new Contract Sum including this Change Order will be $ 2,724,920.00 The Contract Time will be increased by Zero (0) days. The date of Substantial Completion as of the date of this Change Order therefore is NOTE: This Change Orderdoes not include changes in the Contract Sum, Contract Time or Guaranteed Maximum Price which have been authorized by. Construction Change Directive until the cost and time have been agreed upon by both the Owner and Contractor, in which case a Change Order is executed to supersede the Construction Change Directive.. NOT VALID UNTIL SIGNED BY THE ARCHITECT, CONTRACTOR AND OWNER. Architectural Alliance Incorporated McInnis Construction, Inc. City of Beaumont ARCHITECT (Firm name) CONTRACTOR (Firm name) OWNER (Fbin name) 350 Pine Street - Suite 720 Beaumont, TX 77701 ADDRESS (Signature J. Rob Clark, AIA (Typed name) /2-2 6 -20/3 ATE 675 South 4`h Street P.O. Box 3827 Silsbee, TX 77656 Beaumont, TX 77704 ADDRESS DRESS I 1 BY (Signature) (Signature) (Typed name) DATE Owner Kyle Hayes, City Manager (Typed name) DATE AIA Document G701 T" — 2001. Copyright ©1979, 1987, 2000 and 2001 by The American Institute of Architects. All rights reserved. WARNING: This AIA"' Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 09:40:02 on 12/26/2013 under Order No.9419335395_1 which expires on 08/29/2014, and is not for resale. User Notes: . (1129477231) OWNER'S COPY !.I --AIA Document II OrderChange PROJECT (Name and address)' CHANGE ORDER NUMBER: ,, ►,1 CITY OF BEAUMONT NORHEND DATE: January 17, 2014 FIRE STATION -#2 3580 E. LUCAS BEAUMONT,, TEXAS 77701 TO CONTRACTOR (Name and address): ARCHITECT'S PROJECT NUMBER: 1272 MCINNIS CONSTRUCTION, INC. CONTRACT DATE: December 2,2013 675 SOUTH 4TH STREET CONTRACT FOR: General Construction SILSBEE, TEXAS 77656 THE CONTRACT IS CHANGED AS FOLLOWS: (Include, where applicable, any undisputed amount attributable to previously executed Construction Change Directives) 1. RAIN DELAYS: January 10,11,12,13,14 2. Take down and removal from site of ten (10) trees - $1,000.00 (to be taken from contingency allowance.) The original Contract Sum was $ 2,724,920.00 The net change by previously authorized Change Orders $ 0.00 The Contract Sum prior to this Change Order was $ 2,724,920.00 The Contract Suri will be increased by this Change Order in the amount of - $ 0.00 The new Contract Sum including this Change Order will be $ 2,724,920.00 The Contract Time will be increased by Five (5) days. The date of Substantial Completion as of the date of this Change Order therefore is October 6, 2014 NOTE: This Change Order does not include changes in the Contract Sum, Contract Time or Guaranteed Maximum Price which have been authorized by Construction Change Directive until the cost and -time have been agreed upon by both the Owner and Contractor, in which case a Change Order is executed to supersede the Construction Change Directive.. NOT VALID UNTIL SIGNED BY THE ARCHITECT, CONTRACTOR AND, OWNER. Architectural Alliance Incorporated McInnis Construction, Inc. City of Beaumont ARCHITECT (Finn name) CONTRACTOR (Finn name) OWNER (Finn name) 350 Pine Street - Suite 720 Beaumont_TX 7 ADDRERS (j"Y'(Signature) � J. Rob Clark ('Typed name) /_ 1-7. e;7 , 1 l ff 675 South 41h Street Silsbee, TX 77656 A RESS j�t B (Signa ) Dusty NIcInnis (TId ame) JO I -7) DATE P.O. Box 3827 Beaumont, TX 77704 ADDRESS BY (Signature) Kyle Hayes (Typed name) DATE AIA Document G701 Tm — 2001. Copyright Q 1979, 1987, 2000 and 2001 by The American Institute of Architects. All rights reserved. WARNING: This AIA"' Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA' Document, or any portion of it, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:08:25 on 01/17/2014 under Order No. 94193353951 which expires on 08/2912014, and is not for resale. User Notes: (1479500121) 1 p COPY #AIA Document G 701 rM - 2004 Change Order PROJECT (Maine and address): CHANGE ORDER NUMBER: 003 OWNER: JR CITY OF BEAUMONT FIRE STATION #2 4990 HELBIG STREET BEAUMONT, TX 77707 TO CONTRACTOR (Name and address): MCINNIS CONSTRUCTION INC. 675 SOUTH FOURTH STREET SiLSBEE, TEXAS 77656 DATE: March 6, 2014 ARCHITECT'S PROJECT NUMBER: 1272 CONTRACT DATE: December 2, 2013 CONTRACT FOR: General Construction ARCHITECT: CONTRACTOR: FIELD: ❑ OTHER: ❑ THE CONTRACT 1S CHANGED AS FOLLOWS: (Include, where applicable, any undisputed amount attributable to previously executed Construction Change Directives) 1. Rain days as follows: January 23,26;27,28,29,30,31 ` February 2,3,4,5,6,8,9,10,11,12,13,14,23,25,26,27,28 March 1,2,3,4,5,6, 2.Change the hardware set for the main entry Door #1 such that hardwareldoor supplier will furnish the electronic latch system to comply with windstorm requirements (add thru continuous hinge, electric latch retraction and Von Duprin PS902-2RS power supply). City's access. provider's hardware could not comply with windstorm requirements. Cost to be deducted from the Contingency Allowance with no change to the contract amount or extension of time. $ 909.00 Extend/Upsize Time Warner and AT&T Conduits: Extend 2-3" AT&T conduits from the building to Helbig Road Upsize 1-2" Time Warner Conduit to 3" within building Extend 1-3" Time Warner Conduit from the building to Helbig Road install I Quaztie Puli Box in middle of run Install i Quaztie Pull Box -at Helbig Road Approximately 570' of exterior conduit plus interior conduit $ 8,876.00 Total Cost - To be taken out of Contingency (to date.) $ 9,785.00 Contingency Amount $40,000.00 Change Order #1 -8,3115.00 Change Order #2 -1,000.00 Change Order #3 -9,785.00 Remaining Contingency Amount $20,900.00 The original Contract Sum was The net change by previously authorized Change Orders The Contract Sum prior to this Change Order was The Contract Sum will be increased by this Change Order in the amount of The new Contract Sum including this Change Order will be The Contract Time will be increased by Thirty (30) days. The date of Substantial Completion as of the date of this Change Order therefore is November 5, 2014. 2,724,920.00 2,724,920.00 0.00 2,724,920.00 NOTE: This Change Order does not include changes in the Contract Sum, Contract Time or Guaranteed Maximum Price which have been authorized by Construction Change Directive until the cost and time have been agreed upon by both the Owner and Contractor, in which case a Change Order is executed to supersede the Construction Change Directive.. AIA Document G701 TM — 2001. Copyright Q 1979, 1987, 2000 and 2001 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and international Treaties. Unauthorized reproduction or distribution of this AIAe Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 09:44:17 on 03/12/2014 under Order No.9419335395_1 which expires on 08/29/2014, and is not for resale. (947482199) User Notes: NOT VALID UNTIL SIGNED BY THE, ARCHITECT, CONTRACTOR AND OWNER. Architectural Alliance Incorporated McInnis Construction Inc. ARCHITECT (Flrlm name) CONTRACTOR (Firm name) 350 Pine S�reet - itc 720 Beautnon , T7 77 1 ADDRE Si(garre) nt J. Rob Clark (Typed name) 3--12- ez DATE . 675 South 4"' Street Silsbee, TX 77656 �^p , BY (Signa ure) Dustv McInnis (Typed name) DATE City of Beaumont OWNER (Firm name) P.O. Box 3827 Beaumont, TX 77704 ADDRESS BY (Signature) 1� Kyle Hayes (Typed name) 3 -- DATE AIA Document G701 TM — 2001: Copyright © 1979, 1987, 2000 and 2001 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal: penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 09:36:36 on 03/12/2014 under Order No.9419335395_1 which expires on 08/29/2014, and is not for resale. User Notes: (843990385) 1 A' Change Order PROJECT (Name and address): CITY OF BEAUMONT FIRE STATION #2 4990 HELBIG STREET BEAUMONT, TX 77707 Document G701 T11 -2001 CHANGE ORDER NUMBER: 004. DATE: April 17, 2014 TO CONTRACTOR (Name and address): ARCHITECT'S PROJECT NUMBER: 1272 MCINNIS CONSTRUCTION, INC. CONTRACT DATE: December 2, 2013 675 SOUTH FOURTH STREET CONTRACT FOR: General Constriction SIISBEE, TEXAS 77656 OWNER: ARCHITECT: CONTRACTOR: FIELD: ❑ OTHER: ❑ THE CONTRACT IS CHANGED AS FOLLOWS: (Include, where applicable, any undisputed amount attributable to previously executed Construction Change Directives) Rain, Wet and Cold days as follows: March 7,8,9,10,11,15,16,17,23,24,26,27,28,29 April 1,4,8,13,14 The original Contract Sum. was COPY $ 2,724,920.00 The net change by previously authorized Change Orders $ 0.00 The Contract Sum prior to this Change Order was $ 2,724,920.00 The Contract Sum will be increased by this Change Order in the amount of $ 0.00 The new Contract Sum including this Change Order will be $ 2,724,920.00 The Contract Time will be increased by Zero (0). days. The date of Substantial Completion as of the date of this Change Order therefore is NOTE: This Change Order does not include changes in the Contract Sum; Contract Time or Guaranteed Maximum Price which have been authorized by Construction Change Directive until the cost and time have been agreed upon by both the Owner and Contractor, in which case a Change Order is executed to supersede the Construction Change Directive.. NOT VALID UNTIL SIGNED BY THE ARCHITECT, CONTRACTOR AND OWNER. Architectural Alliance Incorporated McInnis -Construction City of Beaumont ARCHITECT (Firm name) CONTRACTOR (Firm name) OWNER (Firm name) 350 Pine Street - Suite 720 Beaumont, TX 77701 ADDRE S B Signature) J. Rob Clark, AIA (Typed , l 7- 20 4 DATE 675 S.Fourth Street Silsbee, TX 77656 P.0 Box 3827 Beaumont, TX 77704 m /�%G�:-f ADDRESS Maw— n-- . BY (Si , re)i9' ,0' BY (Signature) Dusty McInnis, Owner Kyle Hays, City Manager (Typed name) (Typed name) DATE DATE AIA Document G701 TM —2001. Copyright ©1979, 1987, 2000 and 2001 by The American Institute of Architects. All rights reserved. WARNING: This AIA° Document is protected by U.S. Copyright Law and International Treaties.. Unauthorized reproduction or distribution of this AIA°.Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 14:43:08 on 04/17/2014 under Order No.9419335395_1 which expires on 08/29/2014,. and is not for resale. User Notes: (1848855633) ��r� ® TM Document G701 — 2001 Change Order PROJECT (Name and address): CITY OF BEAUMONT FIRE STATION #2 4990 HELBIG STREET BEAUMONT, TX 77707 TO CONTRACTOR (Name and address): MCINNIS CONSTRUCTION INC. 675 SOUTH FOURTH STREET SILSBEE, TEXAS 77656 CHANGE ORDER NUMBER: 005 DATE: May 15, 2014 ARCHITECT'S PROJECT NUMBER: 1272 - CONTRACT DATE: December 2, 2013 CONTRACT FOR: General Construction OWNER: 12, ARCHITECT: CONTRACTOR: FIELD: ❑ OTHER: ❑ THE CONTRACT IS CHANGED AS FOLLOWS: (Include, where applicable, any undisputed amount attributable to previously executed Construction Change Directives) Rain, Wet and Cold Days: 12 Days April 11,18,25 May 1;2,8,9,10;11,12,13,14 The original Contract Sum was $ 2,724,920.00 The net change by previouslyyauthorized Change Orders $ 0.00 The Contract Bum prior to this Change Order was $ 2,724,920.00 The Contract Sum will be increased by this Change Order in the amount of $ 0.00 The new Contract Sum including this Change Order will be $ 2,724,920.00 The Contract Time will be increased by twelve (12) days. The date of Substantial Completion as of the date of this Change Order therefore is December 6, 2014 NOTE: This Change Order does not include changes in the Contract Sum, Contract Time or Guaranteed Maximum Price which have been authorized by Construction Change Directive until the cost and time have been agreed upon by both the Owner and Contractor, in which case a Change Order is executed to supersede the Construction Change Directive.. NOT VALID UNTIL SIGNED BY THE ARCHITECT, CONTRACTOR AND OWNER. Architectural Allliance Inc. McInnis Construction Inc. City of Beaumont ARCHITECT (Firm name) CONTRACTOR (Firm name) OWNER (Firm name) 350 Pine Street - Suite 720 Beaumont, TX 777¢1—) ADDRESS (' ature) J.Rob Clark ('Type name) - /(o- 201 DATE 675 South 4'h Street BY(SigAadre) , V Dusty Mehinis ('Typed :am DATE' P.o. Box 3827 Beaumont, TX 77704 ADDRESS. BY (Signature) Kyle Hayes ('Typed name) DATE AIA Document G701 Tm —2001. Copyright© 1979, 1987, 2000 and 2001 by The American Institute of Architects. All rights reserved. WARNING: This AIA° Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this Ale Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 14:57:20 on 05/16/2014 under Order No.9419335395_1 which expires on 08/29/2014, and is not for resale. User Notes: (1985375818) � dp. F �AIA Change Order Document 0701"" — 2001 k� 4.......... �, r PROJECT (Name and address): CHANGE ORDER NUMBER: 006 OWNER: CITY OF BEAUMONT FIRE DATE: May 16, 2014 ARCHITECT: ® . STATION #2 -9,785.00 CHANGE ORDER #6 4990 BELBIG STREET CONTRACTOR: BEAUMONT; TX 77707 FIELD: ❑ TO CONTRACTOR (Name and address): ARCHITECT'S PROJECT NUMBER: 1272 OTHER: ❑ MCINNIS CONSTRUCTION INC CONTRACT DATE: December.2,2013 675 SOUTH 4an STREET CONTRACT FOR: General Construction SILSBEE, TX 77656 r THE CONTRACT IS CHANGED AS FOLLOWS: (Include, where applicable, any undisputed amount attributable to previously executed Construction Change Directives) Additional Lighting: 2 IR BULLET 1080p MPCAM 3-9MM . 1 RG59 CCA BRD+18/2 STR BLK I MISCELLANEOUS MATERIALS AND LABOR CHANGE ORDER TOTAL (TO BE TAKEN FROM CONTINGENCY $2,221.87 CONTINGENCY AMOUNT $ 40,000.00 CHANGE ORDER #1 -8,315.00 CHANGE ORDER #2 -1,000.00 CHANGE ORDER #3 -9,785.00 CHANGE ORDER #6 -2,221.87 REMAINING CONTINGENCY $ 18,678.13 The original Contract Sum was $ 2,724,920.00 The net change by previously authorized Change Orders $ 0.00 The Contract Sum prior to this Change Order was $ 2,724,920.00 The Contract Sum will be increased by this Change Order in the amount of $ 0.00 The new Contract Sum including this Change Order will be $ 2,724,920.00 The Contract Time will be increased by Zero (0) days. The date.of Substantial Completion as of the date of this Change Order therefore is NOTE: This Change Order does not include changes in the Contract Sum, Contract Time or Guaranteed Maximum Price which have been authorized by Constniction Change Directive until the cost and time have been agreed upon by both the Owner and Contractor, in which case a Change Order is executed to supersede the Construction Change Directive.. NOT VALID UNTIL SIGNED BY THE ARCHITECT, CONTRACTOR AND OWNER. Architectural Alliance Inc, McInnis Construction, Inc. City of Beaumont ARCHITECT (Firm name) CONTRACTOR (Firm name) OWNER (Firm name) 350 Pine Street - Suite 0 Beaumont, TX777 r ADDRESS &gnature) J. Rob Clark (Type me) DAT 675 South 0 Street Silsbee, TX 77656 P.O. Box 3827 Beaumont, TX 77704 -ADDRESS 7 Kyle Hayes (Typed name) 01 DATE AIA Document G701 T' — 2001. Copyright O 1979, 1987, 2600 and 2001 by The American Institute of Architects. All rights reserved. WARNING: This Ale Document is protected by U.S. Copyright_Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 14:17:01 on 05/16/2014 under Order No:9419335395_1 which expires on 08/29/2014, and is not for resale. User Notes: (1348695154) m k -AIA i.i. Change Order PROJECT (Name and address): CITY OF BEAUMONT FIRE STATION #2 - 4990 HELBIG STREET BEAUMONT, TX 77707 Document G701TM —2001 TO CONTRACTOR (Name and address): MCINNIS CONSTRUCTION INC. 675 SOUTH 4TH STREET SIISBEE; TX 77656 CHANGE ORDER NUMBER: 007 DATE: June 19, 2014 ARCHITECT'S PROJECT NUMBER: 1272 CONTRACT DATE: December 2, 2013 CONTRACT FOR: General Construction OWNER: Z ARCHITECT: CONTRACTOR: FIELD: ❑ OTHER: ❑ THE CONTRACT IS CHANGED AS FOLLOWS: (Include, where applicable, any undisputed amount attributable to previously executed Construction Change Directives) Rain, Wet & Cold days as follows: 18 days May 15,16,25,26,27,28,29,30,31 June 1,2,3,4,9,10;11,12,13 The original Contract Sum was $ 2,724,920.00 The net change by previously authorized Change Orders $ 0.00 The Contract Sum prior to this Change Order was $ 2,724,920.00 The Contract Sum will be increased by this Change Order in the amount of $ 0.00 The new Contract Sum including this Change Order will be $ 2,724,920.00 The Contract Time will be increased by eighteen (18) days. The date of Substantial Completion as of the date of this Change Order therefore is December 24, 2014 NOTE: This Change Order does not include changes in the Contract Sum, Contract Time or Guaranteed Maximum Price which have been authorized by Construction Change Directive until the cost and time have been agreed upon by both the Owner and Contractor, in which case a Change Order is executed to supersede the Construction Change Directive.. NOT VALID UNTIL SIGNED BY THE ARCHITECT, CONTRACTOR AND OWNER. Architectural Alliance Incorporated McInnis Construction Inc. City of Beaumont ARCHITECT (Firm name) CONTRACTOR. (Firm name) OWNER (Firm name) 350 Pine Street - Suite 720 Beaumont, TX 77701 1-1 ADDRESS . BY ( gn re) J. R Clark (Typed na DATE 675 South 0 Street P.O. Box 3827 Silsbee, TX 77656 Beaumont, TX 77704 A RESADDRESS i BY (Signatur BY (Signature) Dusty Mcmms Kyle Hayes (Typed name) (Typed name) DATE DATE AIA Document G701 TM —2001. Copyright© 1979, 1987, 2000 and 2001 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 09:52:23 on 06/19/2014 under Order No.9419335395_1 which expires on 08/29/2014, and is not for resale. User Notes: (1836341355) lvlolr-AIA Change Order Document G701TM —2001 PROJECT (Name and address): CITY OF BEAUMONT FIRE STATION #2 4990 HELBIG STREET BEAUMONT, TX 77707 TO CONTRACTOR (Name and address): MCINNIS CONSTRUCTION INC. 675 SOUTH 4' STREET SILSBEE, TEXAS 77656 CHANGE ORDER NUMBER: 008 DATE: June 26, 2014 ARCHITECT'S PROJECT NUMBER: 1272 CONTRACT DATE: December 2, 2013 CONTRACT FOR: General Construction OWNER: ARCHITECT: CONTRACTOR: FIELD: ❑ OTHER: ❑ THE CONTRACT IS CHANGED AS FOLLOWS: (Include, where applicable, any undisputed amount attributable to previously executed Construction Change Directives) Regarding Sanitary Sewer Tie-in and installation of proposal fiberglass manhole south bound lane of Helbig Road. Showing a credit of $100.00 to Contract Amount. There will be a three week delay (increasing Contract time by 21 days.) The original Contract Sum was $ 2,724,920.00 The net change by previously authorized Change Orders $ 0.00 The Contract Sum prior to this Change Order was $ 2,724,920.00 The Contract Sum will be decreased by this Change Order in the amount of $ 100.00 The new Contract Sum including this Change Order will be $ 2,724,820.00 The Contract Time will be increased by twenty-one (21) days. The date of Substantial Completion as of the date of this Change Order therefore is January 21, 2015 NOTE: This Change Order does not include changes in the Contract Sum, Contract Time or Guaranteed Maximum Price which have been authorized by Construction Change Directive until the cost and time have been agreed upon by both the Owner and Contractor, in which case a Change Order is executed to supersede the Construction Change Directive.. NOT VALID UNTIL SIGNED BY THE ARCHITECT, CONTRACTOR AND OWNER. Architectural Alliance Inc. McInnis Construction Inc. City of Beaumont ARCHITECT (Firm name) CONTRACTOR (Firm name) OWNER (Firm name) 350 Pine Street, Suite 720 675 South 0 Street P:O. Box 3827 J. Rob Clark (Type name) 2(. DATE Dusty McInnis (Typed lame) rpt y DAT Kyle Hayes (Typed name) DATE AIA Document G701' — 2001. Copyright 0.1979, 1987, 2000 and 2001 by The American Institute of Architects. All rights reserved. WARNING: This AIA - Document Is protected by U.S. Copyright.Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of It, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 14:44:54 on 06/26/2014 under Order No.9419335395_1 which expires on 08/29/2014, and is not for resale. User Notes: (1447768408) OWNER'S copy AIADocument G701 TM —2001 Change Order PROJECT (Name and address): CITY OF BEAUMONT FIRE STATION #2 4990 HELBIG STREET BEAUMONT, TX 77707 CHANGE ORDER NUMBER: 009 DATE: November 12, 2014 TO CONTRACTOR (Name and address): ARCHITECT'S PROJECT NUMBER: 1272 MCINNIS CONSTRUCTION INC. CONTRACT DATE: Dec. 2, 2013 675 SOUTH 4TH STREET CONTRACT FOR: General Construction SILSBEE, TX 77656 OWNER: Z ARCHITECT: CONTRACTOR: FIELD: ❑ OTHER: ❑ THE CONTRACT IS CHANGED AS FOLLOWS: (Include, where applicable, any undisputed amount attributable to previously executed Construction Change Directives) Rain, Wet & Cold days as follows: September 18,19,28 October 2„3,6,13 Total Rain Days - 7 1. Extend epoxy floor finish into Rooms 126 and 127 $ 3,531.00 2. Install conduit and wiring for a 40 amp 2 -pole branch circuit $ 1,620.00 (Manufacturer change on Bunker Gear Dryer) 3. Camera stub out on porch on east side for customer added camera. $ 144.00 . 4. Additional junction box for 3” conduit from Library (as requested by Cit of Bmt. $ 167.00 Total Change Order amount (to be taken from Contingency) $ 5,462.00 Contingency Amount $18,678.13 Less Change Order Amount - 5,462.00 Remaining Contingency Amount $13,216.13 The original Contract Sum was $ 2,724,920.00 The net change by previously authorized Change Ordersp CJ $ .0,00__ The Contract Sum prior to this Change Order was /� ZLi- 2,O "�$ ®� The Contract Sum will be increased by this Change Order in the amount of $ 0.00 The new Contract Sum including this Change Order will be •� ^� Z� I g'20-$ x,929 b0_ The Contract Time will be increased by seven (7) days. The date of Substantial Completion as of the date of this Change Order therefore is January 28, 2015 NOTE: This Change Order does not include changes in the Contract Sum, Contract Time or Guaranteed Maximum Price which have been authorized by Construction Change Directive until the cost and time have been agreed upon by both the Owner and Contractor, in which case a Change Order is executed to supersede the Construction Change Directive.. AIA Document G701 Tm — 2001. Copyright© 1979, 1987, 2000 and 2001 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® -Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 10:11:18 on 11/12/2014 under Order No.9178081696_1 which expires on 08/30/2015, and is not for resale. User Notes: (1817129813) NOT VALID UNTIL SIGNED BY THE .ARCHITECT, CONTRACTOR AND OWNER. Architectural Alliance Inc. McInnis Construction, Inc. City of Beaumont ARCHITECT (Firm name) CONTRACTOR (Firm name) OWNER (Firm name) 350 Pine Street - Suite 720 Beaumont, TX 77 ADDRES (Si ture) J. Rob Clark (Typed name) ' DATE —�- 675 South 4`h Street Silsbee, TX 77656 Alq�ES� Mph�t� BY (Si ature Dusty McInnis (Typed name) //-/3-/y DATE P.O. Box 3827 Beaumont, TX 77704 ADDRESS BY (Signature) Kyle Hayes (Typed name) / DATE AIA Document G701 Tm — 2001. Copyright ©1979, 1987, 2000 and 2001 by The American Institute of Architects. All -rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any 2 portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent, possible under the law. This document was produced by AIA software at 10:11:18 on 11/12/2014 under Order No.9178081696_1 which expires on 08/30/2015, and is not for resale. User Notes: (1817129813) T11 IA'Document G'701 - 2001 Change Order PROJECT (Name and address): CITY OF BEAUMONT FIRE STATION #2 4990 HELBIG STREET BEAUMONT, TX 77707 TO CONTRACTOR (Name and address): MCINNIS CONSTRUCTION, INC. 675 SOUTH 4TH STREET SILSBEE, TX 77656 CHANGE ORDER NUMBER: 010 DATE: December 9, 2014 ARCHITECT'S PROJECT NUMBER: 1272 CONTRACT DATE: December 2, 2013 CONTRACT FOR: General Construction jE- t ; 1 r ' r OWNER: ARCHITECT: CONTRACTOR: FIELD: ❑ OTHER: ❑ THE CONTRACT IS CHANGED AS FOLLOWS: (Include, where applicable, any undisputed amount attributable to previously executed Construction Change Directives) Rain, Wet and Cold Days as follows: August 20,25,29,30 and 31 September 1,5,6,7,12,16 and 17 Total days = 12 The original Contract Sum was $ 2,724,920.00 The net change by previously authorized Change Orders$ —8.6e— The Contract Sum prior to this Change Order was - Q ® 2,724,920.00 The Contract Sum will be increased by this Change Order in the amount of ( 17 2 (C�� $ 0.00 The new Contract Sum including this Change Order will be 2 —124 $? 6 2,724,920.00 The Contract Time -will be increased by twelve (12) days. The date of Substantial Completion as of the date of this Change Order therefore is February 9, 2015 NOTE: This Change Order does not include changes in the Contract Sum, Contract Time or Guaranteed Maximum Price which have been authorized by Construction Change Directive until the cost and time have been agreed upon by both the Owner and Contractor, in which case a Change Order is executed to supersede the Construction Change Directive.. NOT VALID UNTIL SIGNED BY THE ARCHITECT, CONTRACTOR AND OWNER. Architectural Alliance Incorporated . McInnis Construction, Inc. City of Beaumont ARCHITECT (Firm name) CONTRACTOR (Firm name) OWNER (Firm name) 350 Pine Street - Suite 720 Beaumont, TX 77701 ADDRESS_ -2, 4�" --- BY (Signature) 675 South 4`s Street Silsbee, TX 77656 DRESS I ';d�— . L::� Iff Signatu e) P.O Box 3827 Beaumont, TX 77704 ADDRESS BY (Signature) J. Rob Clark _„#S Dusty McInnis Kyle Hayes (Typed name)" 1pedra�ie) (Typed name) j `'►TE DTE DATE AIA Document G701711— 2001. Copyright O 1979, 1987, 2000 and 2001 by The American Institute of Architects. All rights reserved. WARNING: This AIA° Document is protected by.U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution ofthis AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 14:49:24 on 12/09/2014 under Order No.9178081696_1 which expires on 08/30/2015, and is not for resale. User Notes: (1 246 90 0281) ON ='= Document G701r11 — 2001 Change Order PROJECT (Name and address): CHANGE ORDER NUMBER: 014 OWNER: CITY OF BEAUMONT FIRE DATE: February 24, 2015 ARCHITECT: STATION #2 4990 HELBIG STREET CONTRACTOR: BEAUMONT, TX 77707 FIELD: ❑ TO CONTRACTOR (Name and address): ARCHITECT'S PROJECT NUMBER: 1272 MCINNIS CONSTRUCTION INC CONTRACT DATE: Dec. 2, 2013 OTHER: ❑ 675 SOUTH FOURTH STREET CONTRACT FOR: General Construction SILSBEE, TEXAS 77656 THE CONTRACT IS CHANGED AS FOLLOWS: (Include, where applicable, any undisputed amount attributable to previously executed Construction Change Directives) Rain, Wet & Cold Days as follows: November 5,11,12,13,15,16,17,18, 20,22,23,24,25,26, (14 days) December 1,12,15,18,19,20,21,22,23,24,25,26,27,28,29,30 (16 days) January 1,2,3,4,5,6,7,9,10,11,12,13,14,15,16,17 (16 days) - Total Days 46 days C.R.#1 Re -work sleeping to fit 82" mattress: Extend Mattress Deck to 82" long. Replace head board, Add .75" hardwood to closure panel exposed ply edge. Fill in Mattress Decking Add .75" thick edge band to desk top. Cost $1,600.00 C.R. #2 - Install six (6) 25 gallon Crepe Myrtles, four (4) 25 gallon Elm Trees, fifty (50) Bi -color Iris,twenty (20) Dwarf Buford Hollys, twelve (12) Knockout Roses, twelve (12) Horsetails,six (6) yards bed material, six (6) yards mulch, two (2) pallets sod. Cost $ 4,000.00 C.R. #3 Install four (4) new surface mounted fixtures in the bathrooms. Install two (2) new lay -ins in the chiefs office (Existing circuitry will be utilized). (Note: Lights to be supplied by others.) Cost $1,430.00 C.R. #4 Install new QOB220 breaker and install two (2) additional conductors in the conduit with the existing wire to power the 2000 Watt 2208V block heater. Cost $ 590.00 Total Change'Order Cost (to be taken from Contingency) $7,620.00 Current Contingency Amount $13,216.13 Less Change Order Amount - 7,620.00 Remaining Contingency Amount $ 5,596.13 The original,Contract Sum was $ 2,724,920.00 The net change by previously authorized Change Orders $ -100.00 The Contract Sum prior to this Change Order was $ 2,724,820.00 The Contract Sum will be increased by this Change Order in the amount of $ 0.00 The new Contract Sum including this Change Order will be $ 2,724,820.00 The Contract Time will be increased by Zero (46) days. The date of Substantial Completion as of the date of this Change Order therefore is April 19, 2015 NOTE: This Change Order does not include changes in the Contract Sum, Contract Time or Guaranteed Maximum Price which have been authorized by Construction Change Directive until the cost and time have been agreed upon by both -the Owner and AIA Document G701 TM' — 2001. Copyright © 1979, 1987, 2000 and 2001 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties..Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This documentwas produced by AIA software at 15:54:46 on 02/24/2015 under Order No.9178081696_1 which expires on 08/30/2015, and is notfor resale. . User Notes: (1951818866) Contractor, in which case a Change Order is executed to supersede the Construction Change Directive.. NOT VALID UNTIL SIGNED BY THE ARCHITECT, CONTRACTOR AND OWNER. Architectural Alliance Incorporated ARCHITECT (Firm name) 350 Pine Street - Suite 720 Beaumont, TX 77701 ADDRESS McInnis Construction Incorporated City of Beaumont CONTRACTOR (Firm name) OWNER (Firm name) 675 South Fourth Street P.O. Box 3827 Silsbee, TX 77656 Beaumont, TX 77704 DaaSS �,� [ �,r * ADDRESS BY (Signature) BY (Signature) Ricky McInnis Kyle Hayes (Typed name) (Typed name) DATE DATE AIA Document G701 T°° — 2001. Copyright© 1979, 1987, 2000 and 2001 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution ofthis AIA® Document, or any 2 portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This documentwas produced by AIA.software at 15:54:46 on 02/24/2015 under Order No.9178081696_1 which expires on 08/30/2015, and is not for resale. User Notes: (1951818866) I A Change Order pog fJ.1� Document G701TM - 2001 PROJECT (Xame and address): CHANGE ORDER NUMBER: 012 OWNER: CITY OF BEAUNIONT FiRE DATE: March 3, 2015 ARCHITECT: STATION #2 4990 HELBIG STREET CONTRACTOR: BEAUMONT, TX 77707 TO CONTRACTOR (Tame and address): ARCHITECT'S PROJECT NUMBER: 1272 FIELD: El MCINNIS CONSTRUCTION INC. CONTRACT DATE: December 2, 2013 OTHER: ❑ 675 SOUTH FOURTH STREEI' CONTRACT FOR: General Construction SILSBEE, TX 77656 THE CONTRACT IS CHANGED AS FOLLOWS: (Inclurle, lvhere applicable, any mtdispuled amount atlributable to previously erecnted Consb•uctiott Change Directives) C.R.#,I Install K Fire Extinguisher recommended by Fire Marshall $ 176.50 C.R.#2 Setting and final connecting.(1) extractor unit $1,100.00 C.R.#3' Construction of base for flag pole $1,400.00 C.R.44 Flag Pole installation and grounding for Firestation #2 $ 350.00 C.R #5 Cut in and install a duplex receptacle and cable box for wall -mounted TV in Chiefs office. $ 531.00 Current Contingency Fund Amount $5,596.13 Total Change Order Amount (to be taken out of Contingency Fund) $3;557.50 Remaining. Contingency Amount $2;038.63 The original Contract Sum was $ 2,724,920.00 The net change by previously authorized Change Orders $ 400.00 The Contract Sum prior to this Change Order was $ 2,724,820.00 The Contract Sum will be decreased by this Change Order in the amount of $ 0.00 The. new Contract Sum including this Change Order will be $ 2,724,820.00 The Contract Time will be increased by Zero (0) days. The date of Substantial Completion as of the date of this Change Order therefore is NOTE: This Change Order does not include changes in the Contract Sum, Contract Time or Guaranteed Maximum Price which have been authorized by Constn.iction Change Directive until the cost and time have been agreed upon by both the Owner and Contractor, in which case a Change Order is executed to supersede the Construction Change Directive,. NOT VALID UNTIL SIGNED BY THE ARCHITECT, CONTRACTOR AND OWNER. ARCHITECT (firm uanre) 350.Pine Street Suite.? Beaumont.. TX 7701 (T),ped name) 41�_3-2o/r DATE McInnis Construction, Incorporated City of Beaumont CONTRACTOR (Firm naive) OWNER (firm name) 675 South Fourtlr:Street Dusty Mchinis (Typed name) DATE P.O. Box 3827 Beaumont, TX 77704 ADDRESS JA Q- I (-- (5ignatto e) (Typed name) DATE AIA Document G701 T" —2001. Copyright© 1979, 1987, 2000 and 2001 by The American Institute of Architects. All rights rE Document JV,protecte'd,by U.S:°Copyright Lew acid lnternational'rebtios..Unauthorized,r6*i diibfinn oi.dlstribution `o portion o6lt may rosult in sevore'clylt and crim#nal nenaltlos,•and wilt, be.iarosecuted to the:maximum extent,poaeiblo produced by AIA software at 15:55:47 on 03%03!2015 under Order No.9178081696_1 which expires on 08!30!2015, and Is not User Notes: ING: This AIA' um on 'or any This document was (2652613185) AN.,vAIA ONNE " X910Document C701'm - 2001 Change Order PROJECT (Annie and address): CHANGE ORDER NUMBER: 013 OWNER: CITY OF BEAUMONT FIRE DATE: April 7, 2015 STA'rION #2 Beaumont. TX 77704 4990 I-IELBIG STREET ADDRESS BEAUMONT, TX 77707 BY (Sfgnati re) TO CONTRACTOR (Vane and address): ARCHITECT'S PROJECT NUMBER: 1272 MCINNIS CONSTRUCTION INC. CONTRACT DATE: December 02, 2013 675 SOUTH 4 V1* CONTRACT FOR: General Construction SILSBEB, 'I'F.XAS 77656 ARCHITECT: CONTRACTOR: FIELD: ❑ OTHER: ❑ THE CONTRACT IS CHANGED AS FOLLOWS: . 11.0. Bos 3827 (Include, where applicable, any u ndispnlled antoultl atw1butable to previously executed Construction Change Dir cefives) Beaumont. TX 77704 Rain, Wet and Cold Days as follows: ADDRESS February 16,17,21,23,24,25 BY (Sfgnati re) Ni.•lrch 1,2,3,4,5,6,7,8,9,10,11,12,13,14,18,21,22,23,24 Dusty NIClnnis_ _ Change 300' of fence along north property line to high security vinyl extruded steel fence system: (Typed name) Cost $9,895.00 DATE Less balance in Contingency -$2,038.63 Amount over Contingency $7,856.37 Add 10% Contractor Fee 785.64 Total Increase to Contract $8,642.01 The original Contract Sum was $ 2,724,920.00 The net change by previously authorized Change Orders $ -100.00 The Contract Sum prior to this Change Order was $ 2,724,820.00 The Contract Stun will be increased by this Change Order in the amount of $ 8,642.01 The ne%v Contract Sum including this Change Order will be - $ 2,733,462.01 The Contract Time will be increased by twenty -live (25) days. The date of Substantial Completion as of the date of this Change Order illvrefore is May 14, 2015 NOTE: This Change Order docs not include changes in the Contract Sunt, Contracl T nue or Guaranteed Maximum Price which have been authorized by Construction Change Directive until the cost and time nave been agreed upon by both the Owner and Contractor, in which case a Change Order is executed to supersede the Construction Change Directive.. NOT VALID UNTIL SIGNED BY THE ARCHITECT, CONTRACTOR AND OWNER. Architectural Alliance Inc. IvIcInnis Construction Inc. City of Beaumont ARCHITECT (Firms name) CONTRACTOR (Fir -in name) OWNER (l%h•nt name) 350 Pine Street - Suite 720 Beaumont, 'I'X 7770jo-1/ ADDRE BY grtanu e) J. Rob Clark (Type(!rr(r rte) DATE 675 South Fourth Street 11.0. Bos 3827 Silsbee, TX 77656 Beaumont. TX 77704 APP lr1tS ADDRESS BY (Sfgnati re) BY (Signatfere) Dusty NIClnnis_ _ Kyle iia es . (Typed name) ('lypetl name) 5'--z (; -�s " DATE DATE AIA Document G701 T" — 7001. Copyrighi (D 1979, 1967, 2000 and 2001 by The American Institute of Architects. All rights reserved, WARNING: This AIA' Document Is protected by U.S. Copyright I.aw and International Treaties. Unauthorized reproduction or distribution of thle Ale Document, or any portion of It, may result In severe civil and criminal penalties, and will he prosecuted to Ilia maximum extent poaalblo under the law. This doeumentwas produced by AIA sothyere at 11:36:31 on 04/0712016 under Order No.9178081696-1 whlch explres on 08/3012015, and Is not for resale. User Notes: (930755894) �� =���AiADocument G702TtA -- 1992 mR Application and Certificate for Payment TO OWNER: City of Beaumont PROJECT: CITY OF BEAUMONT FIRE STATION APPLICATION NO: 018 Distribution to: P.O. Box 3827 NO.2 PERIOD TO: May 27.2015 OWNER: X Beaumont, Texas 77704 3580 E. LUCAS BEAUMONT, TEXAS 77701 CONTRACT FOR: General Construction ARCHITECT: X FROM McInnis Construction, Inc. VIA Architectural Alliance, Inc. CONTRACT DATE: December 02, 2013 CONTRACTOR: X CONTRACTOR: 675 South 4th Street ARCHITECT: 350 Pine Strcct, Suite 720 PROJECT NOS: / 1340 / FIELD: Silsbee, Texas 77656 Beaumont, Texas 77701 - OTHER: CONTRACTOR'S APPLICATION FOR PAYMENT The undersigned Contractor certifies that to the best of the Contractor's knowledge, information and belief the Work covered by this Application for Payment has been completed in accordance with the Application is made for payment, as shown below, in connection with the Contract. Contract Documents, that all amounts have been paid by the Contractor for Work for which previous Conlinuation Sheet, AIA Document 0703, is attached. Certificates for Payment were issued and payments received from the Owner, and that current 1. ORIGINAL CONTRACT SUM ..... $ 2,724,920.00 payment shown herein is now due: 2. NET CHANGE BY CHANGE ORDERS .............................................. ............. $ 8.542.01 CO ACTO : 3. CONTRACT SUM TO DATE (Line 14:2) ..................................................... $ 2.733.462.01 By: Date: May 27, 2015 4., TOTAL COMPLETED & STORED TO DATE (Column 0 on G703) ........... $ 2,733,462.01 State . Tei 5. RETAINAGE: a. 0 % of Completed Work (Column D + E on G703) b. 0 % of Stored Material (Column F on G703) 0.00 $ 0.00 Total Retainage (Lines 5a + 5b or Total in Column I of 0703) ................ $ County of: Jefferson Subscribed and sworn to me this J-* day of Notary Public: Fred A.Stepp,'II 0.00 My Commission expires: March 08, 2015 6. TOTAL EARNED LESS RETAINAGE............................................................ $ 2,733.462.01 (Line 4 Less Line 5 Total) 7. LESS PREVIOUS CERTIFICATES FOR PAYMENT ..................................... $ 2,596.888.92 (Linc 6 from prior Certificate) 8. CURRENT PAYMENT DUE .......................... :............................................... I $ 136,573.0 9. BALANCE TO FINISH, INCLUDING RETAINAGE (Line 3 less Line 6) $ 0.00 RANGE ORDER SUMMARY - ADDITIONS DEDUCTIONS Total changes approved in previous months by Owner $ 8,642.01$ 100.0 Total approved this Month $ 0.00$ 0.0 TOTALS $ 9-642.01S 100.0 T CHANGES b Chane Order $ 8,542.01 FRED ALLEN STEPP it NOTARY PUBLIC STATE OF TEXAS My Commissl0n Expires 03+20 ARCHITECT'S CERTIFICATE FOR PAYMENT In accordance with the Contract Documents, based on on-site observations and the data comprising this application, the Architect certifies to the Owner that to the best of the Architect's knowledge, information and belief the Work has progressed as indicated, the quality of the Work is in accordance with the Contract Documents, and the Contractor is entitled to payment of theZTCERTIFIED. AMOUNT CERTIFIED.................................................................................. $ 13(Attach explanation if amount ified diet from the amount applied. Initial al Application and on t Co r eet at are changed to conform with the amount c ARCHITECT: By: Date:6-479 This Ce icate is not negotiable. The AMOUNT CERTIFIED is payable only to the Contractor name terein. Issuance, payment and acceptance of payment are without prejudice to any rights of the Owner or Contractor raider this Contract. AIA Document G7D2Tf° —1992. Copyright(D 1953, 1963, 1965,1971,1978,1983 and 1992 by The American Institute of Architects. Ali rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIO Document, orany, portion of it, may result in severo civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:31:36 on 05/27/2015 under Order No.7262216882_7 which expires on 06116/2015, and is not for resale. User Notes: (1681357386) . 0 TM �b� Document G7a3 -1992 Continuation Sheet AIA Document, 070f'm-1992, Application and Certification for Payment, or G736m-2009, APPLICATION NO: 018 - FINAL Project Application and Project Certificate for Payment, Construction Manager as Adviser Edition, APPLICATION DATE: 05/27/2015 containing Contractor's signed certification is attached. In tabulations below, amounts are in US dollars. PERIOD TO: 05/27/2015 Use Column I on Contracts where variable retainage for line items may apply. ARCHITECT'S PROJECT N0: A B C D E F G H I WORK COMPLETED TOTAL ITEM DESCRIPTION OF SCHEDULED MATERIALS PRESENTLY COMPLETED % BALANCE TO RETAINAGE (IF FROM NO. WORK VALUE PREVIOUS THIS PERIOD STORED AND STORED TO (G C) FINISH VARIABLE APPLICATION (NOT IN D OR E) DATE (C - G) RATE) � ) PERMITS AND 1 MOBILIZATION 57,200.00 54,340.00 2,860.00 0.00 57,200.00 100.00 % 0.00 0.00 2 BUILDING PAD 19,613.60 18,632.92 980.68 0.00 19,613.60 100.00 % 0.00 0.00 3 FORM MATERIAL 13,600.00 12,920.00 680.00 0.00 13,600.00 100.00% 0.00 0.00 4 CONCRETE SLAB 60,396.00 57,376.20 3,019.80 0.00 60,396.00 100.00% 0.00 0.00 5 MASONRY 292,591.38 277,961.81 14,629.57 0.00 292,S91.38 100.00% 0.00 0.00 STORAGE 7 BUILDING 8,520.00 8,094.00 426.00 0.00 8,520.00 100.00% 0.00 0.00 DOORS AND 9 FRAMES 216,463.00 205,639.85 10,823.15 0.00 216,463.00 100.00% 0.00 0.00 FINISH 11 HARDWARE 20,824.00 19,782.80 1,041.20 0.00 20,824.00 100.00% 0.00 0.00 METAL STUD 12' FRAMING 2,990.60 2,841.07 149.53 0.00 2,990.60 100.00% 0.00 0.00 13 ROOFING 72,831.00 69,189.45 3,641.55 0.00 72,831.00 100.00% 0.00 0.00 STRUCTURAL 14 STEEL 207,245.00 I96,882.75 10,362.25 0.00 207,245.00 100.00% 0.00 0.00 BUILDING 16 INSULATION 31,200.00 29,640.00 1,560.00 0.00 31,200.00 100.00% 0.00 0.00 GLASS AND 17 GLAZING 35,198.00 33,438.10 1,759.90 0.00 35,198.00 100.00% 0.00 0.00 18 ACOUSTICAL TILE 6,776.00 6,437.20 338.80 0.00 6,776.00 100.00% 0.00 0.00 SUSPENDED 19 IVINYL ROCK 1 8.614.001 8,193.301 430.70 0.00 8,614.00 100.00% 0.00 0.00 20 DRYWALL 3,840.001 3,648.001 192.00 0.00 3,840.00 100.00%, 0.00 0.00 AUA uocument U7o3 - -1992, Copyright ®1963, 1965,1966.1967,1970, 1978, 1983 and 1992 by The American Institute of Architects. All rights reserved. WARNING: This Ale Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this A10 Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 14:52;58 on 0512712015 under Order No.7262216882 1 which expires on 06/1612015, and is not for resale. User Notes:(1465545794) A B C D E F G H I ITEM NO. DESCRIPTION OF WORK SCHEDULED VALUE WORK COMPLETED MATERIALS PRESENTLY STORED (NOT IN D OR E} TOTAL COMPLETED AND STORED TO DATE (D+E+F) ° /o (G r C) BALANCE TO FINISH (C - G) RETAINAGE (IF VARIABLE RATE) FROM PREVIOUS APPLICATION (D + E) THIS PERIOD 21 PAINTING AND WALL COVER 22,684.00 21,549.80 1,134.20 '0.00 22,684.00 100.00 % 0.00 0.00 22 TILE/MARBLE 75,775.00 71,986.25 3,785.75 0.00 75,775.00 160.00% 0.00 0.00 23 CARPETNCT BASE 4,312.00 4,096.40 215.60 0.00 4,312.00 100.00%, 0.00 0.00 24 MISC EQUIPMENT 36.884.00 35,039.80 1,844.20 0.00 36,884.00 100.00% 0.00 0.00 25 MISC SPECIALITIES 13 236.02 17,324.22 911.80 0.00 15,236.02 100.00% 0.00 0.00 26 CABINETS 38,472.00 36,548.40 1,923.60 0.00 38,472.00 100.00% 0.00 0.00 27 HVAC 183,785.00 174,595.75 9,189.25 -0.00 183,785.00 100.00% 0.00 0.00 28 PLUMBING 121.131.00 115,074.45 6,056.55 0.00 121,I31.00 100.00% 0.00 0.00 29 ELECTRICAL 305,000.00 289,750.00 15,250.00 0.00 305,000.00 100.00 % 0.00 0.00 30 TECHNOLOGY 38,486.00 36,561.70 1,924.30 0.00 38,486.00 100.00% 0.00 0.00 34 FIRE PROTECTION 44,690.00 42,455.50 2,234.50 0.00 44,690.00 100.00% 0.00 0.00 38 BUILDING OVERHEAD AND PROFIT 111,788.61 106,199.18 5,589.4.3 0.00 1I1,788.61 100.00% 0.00 0.00 41 EROSION CONTROL 3,750.00 3,562.50 187.50 0.00 3,750.00 100.00% 0.00 0.00 42 DEMOLITION 531.05 504.50 26.55 0.00 531.05 100.00% 0.00 0.00 43 LAND CLEARING 7,425.00 7,053.75 371.25 0.00 7,425.00 100.00% 0.00 0.00 44 EXCAVATING AND BACKFILLING 32,771.00 31,132.45 1,638.55 0.00 32,771.00 100.00% 0.00 0.00 45 GRADING 4,000.00 3,800.00 200.00 0.00 4,000.001-100.00 % 0.00 0.00 46 STORM SEWER 45,650.00 43,367.50 2,282.50 0.00 45,650.00 100.00 % 0,001 0.00 48 SANITARY SEWER 23,655.00 22,472.25 1,182.75 0.00 23,655.00 100.00% 0.00 0.00 51 WATER SERVICE 26,050.00 24,747.50 1,302.50 0.00 26,050.00 100.00%1 0.00 0.00 52 WATER TAP FEE 3,000.001 2,850.00 150.00 0.00 3,000.00 100.00 % . 0.00 0.00 53 IRRIGATION 865.001 821.75 41251 0.001 865.001 100.00%1 0.00 0.00 AIA Document 0703T11-1992. Copyright ®1963, 1965, 1966,1967,1970,1978,1983 and 1992 by The American institute of Architects. All rights reserved. WARNING: This AEA"' Document is protected by U.S. Copyright Law and lntemational Treaties. Unauthorized reproduction or distribution of this A10,0ocumont, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 14:52:58 on 05/27/2015 under Order No.7262216862 1 which expires on 06/16/2015, and is not for resale. User Notes: (1465545794) A B C D E F G H I WORK COMPLETED TOTAL ITEM r DESCRIPTYOI` OF SCHEDULED ,1,E� ALS PRESENTLY COMPLETED o /o BALANCE TO RETAINAGE (IF FROM NO. WORK VALUE PREVIOUSAND THIS PERIOD STORED STORED TO . _ (G C) FINISH VARIABLE APPLICATION (NOT IN D OR E) DATE (C - G) RATE) (D + E) (D+E+F) SYSTEM 54 GAS SERVICE 11,500.00 10,925.00 575.00 0.00 11,500.00 160.00% 0.00 0.00 59 LOT LIGHTS 835.00 79-§.25 41.75 0.00 835.00 100.00% 0.00 0.00 PAVING 61 CONCRETE 97,886.16 92,991.85 4,894.31 0.00 97,886.16 100.00%1 0.00 0.00 627 CONCRETE CURB 2,446.30 2,.323.98 122.32 0.00 2,446.30 100.00% 0.00 0.00 WALKS AND 65 RAMPS 14,863.00 14,119.85 743.15 0.00 14,863.00 100.00% 0.00 0.00 69 FENCE 55.000.00 52,250.00 2,750.00 0.00 55,000.00 100.00 % 0.00 0.00 GUARD 72 POSTBOLLARDS 8.100.00 7,695.00 405.00 0.00 8,100.00 100.00% 0.00 0.00 STRIPPING AND 73 SIGNAGE 2,200.00 2.090.00. 110.00 0.00 2,200.00 100.00% 0.00 0.00 74 LANDSCAPE 6,250.00 5,937.50 312.50 0.00 6,250.00 100.00% 0.00 0.00 75 ALLOWANCES 40,000.00 38,000.00 2,000.00 0.00 40,000.00 100.00% 0.00 0.00 SITE OVERHEAD 77 AND PROFIT 20,390.34 19,370.82 1,019.52 0.00 20,390.34 100.00% 0.00 0.00 79 SUPERVISION 59,810.00 56,819.50 2,990.50 0.00 59,810.00 100.00%. 0.00 0.00 GENERAL 80 CONDITIONS 22,356.25 21,238.44 1,117.81 0.00 22,356.25 100.00% 0.00 0.00 BUILDERS RISK 98 AND BONDS 42,519.69 40,393.71 2,125.98 0.00 42,519.69 . 100.00% 0.00 0.00 102 ALTERNATE 1 93,620.00 88,939.00 4,681.00 0.00 93,620.00 100.00% 0.00 0.00 103 ALTERNATE 2 30,000.00 28,500.00 1,500.00 0.00 30,000.00 100.00% . 0.00 0.00 104 ALTERNATE 3 10,300.00 9,785.00 515.00 0.00 10,300.00 100.00% 0.00 0.00 REGARDS TO SANITARY SEWER TIE-IN AND INSTALLATION OF PROPOSAL C/O#1 IFIBERGLASS -100.00 -100.00 0.00 -100.001 100.00 %1 0.001 0.00 AIA Doetunent G70371° -1992. Copyright O 1963, 1965, 1966, 9967.1970.1978, 1983 and 1992 by The American Institute of Architects: Ail rights reserved. WARNING* This Ate Document is protected by U.S. Copyright Law and International Treatios, Unauthorized reproduction or distribution of this Ale Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 14:52:58 on 05/27/2015 under Order No.7262216882 1 which expires on 0611612015, and is not for resale. User Notes: (1465545794) A B C D E F G H I WORK COMPLETED TOTAL ITEM DESCRIPTION OF SCHEDULED MATERIALS PRESENTLY COMPLETED % BALANCE TO RETAINAGE (IF FROM NO. WORK VALUE PREVIOUS THIS PERIOD STORED AND STORED TO (G - C) FINISH VARIABLE APPLICATION (NOT IN D OR E) DATE (C - G) RATE) (D* E) (D+E+F) MANHOLE IN THE SOUTHBOUND LANE OF HELBIG ROAD CHANGE 300' OF FENCE ALONG NORTH PROPERTY LINE TO HIGH SECURITY VINYL EXTRUDED STEEL C/042 FENCE SYSTEM 8,642.01 /8,209.911 / 432.10 0.00 8,642.01 100.00 % 0.00 0.00 GRAND TOTAL 02,733,462.01 ,596,783.91 x$136,678.10 $0.00 $2,7r� 46.01 100.00"/01S0.00 $0.00 AIA Document G7031M—1992. Copyright 01963, 1965, 1966,1967,1970, 1978,1983 and 1992 by The American Institute of Architects. All rights reserved. WARNING. This AIA° Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution ofthis Ale Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 14:52:58 on 05/27/2015 under Order No.7262216882 1 which expires on 06/1 612 01 5, and is not for resale. User Notes: (1465545794) RESOLUTION NO. WHEREAS, on October 22, 2013, the City Council of the City of Beaumont, Texas passed Resolution No. 13-240 awarding a contract in the amount of $2,724,920 to McInnis Construction, Inc., of Silsbee, Texas, for the Fire Station No. 2 Construction Project; and, WHEREAS, a contingency allowance in the amount of $40,000 was included in the above noted contract; and, WHEREAS, Change Order No. 1, in the amount of $8,315, was required for the removal of additional trees and revisions to the electrical routing plan, thereby , decreasing the contingency allowance to $31,685 and having no affect on the total contract amount of $2,724,920; and, WHEREAS, Change Order No. 2, in the amount of $1,000, was required to allow for the removal of additional trees, thereby decreasing the contingency allowance to $30,685 and having no affect on the total contract amount of $2,724,920; and, WHEREAS, Change Order No. 3, in the amount of $9,785, was required to allow for rain, wet and cold days; to meet windstorm requirements; and, to extend/upsize utility conduits, thereby decreasing the contingency allowance to $20,900 and having no affect on the total contract amount of $2,724,920; and, WHEREAS, Change Order No. 4, in the amount of $0.00, was required to allow for rain, wet and cold days, thereby having no affect on the contingency balance of $20,900 and having no affect on the total contract amount of $2,724,920; and, WHEREAS, Change Order No. 5, in the amount of $0.00, was required to allow for rain, wet and cold days, thereby having no affect on the contingency balance of $20,900 and having no affect on the total contract amount of $2,724,920; and, WHEREAS, Change Order No. 6, in the amount of $2,221.87, was required for miscellaneous materials and labor, thereby decreasing the contingency allowance to $18,678.13 and having no affect on the total contract amount of $2,724,920; and, WHEREAS, Change Order No. 7, in the amount of $0.00, was required to allow for rain, wet and cold days, thereby having no affect on the contingency balance of $18,678.13 and having no affect on the total contract amount of $2,724,920; and, WHEREAS, Change Order No. 8, in the credit amount of $100, was required for a sanitary sewer tie-in and installation of a proposed fiberglass manhole in the southbound lane of Helbig Road, thereby decreasing the contract amount to $2,724,820 and having no affect on the contingency balance of $18,,678.13; and, WHEREAS, Change Order No. 9, in the amount of $5,462, was required for rain, wet and cold days; to extend the epoxy floor finish into two rooms; to install conduit and wiring; camera installation; and, for an additional junction box, thereby decreasing the contingency allowance to $13,216.13 and having no affect on the total contract amount of $2,724,820; and, WHEREAS, Change Order No. 10, in the amount of $0.00, was required to allow for rain, wet and cold days, thereby having no affect on the contingency balance of $13,216.13 and having no affect on the total contract amount of $2,724,820; and, WHEREAS, Change Order No. 11, in the amount of $7,620, was required to allow for bedding adjustments; landscaping; and, installation of electrical fixtures, breakers, and conductors, thereby decreasing the contingency allowance to $5,596.13 and having no affect on the total contract amount of $2,724,820; and, WHEREAS, Change Order No. 12, in the amount of $3,557.50, was required to install a Class K fire extinguisher to meet Fire Marshall requirements; additional plumbing work; preparation for flag pole installation; and, television installation, thereby decreasing the contingency allowance to $2,038.63 and having no affect on the total contract amount of $2,724,850; and, WHEREAS, Change Order No. 13, in the amount of $9,895, was required to change 300' of fencing along the north property line to a high security vinyl extruded steel fence system. Contingency allowances in the amount of $2,038.63 was applied to the total cost of $9,895, in addition to a 10% contractor's fee in the amount of $785.64, thereby resulting in a change of a net amount of $8,642.01 and increasing the total contract amount to $2,733,462.01; and, WHEREAS, the project has been inspected by the Engineering and Facilities Maintenance Divisions and found to be complete in accordance with the provisions and terms set forth in the contract; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT the Fire Station No. 2 Construction Project be and the same, is hereby accepted; and, BE IT FURTHER RESOLVED THAT the City Manager is hereby authorized to make final payment in the amount of $136,573.09 to McInnis Construction, Inc., of Silsbee, Texas. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 30th day of June, 2015. - Mayor Becky Ames - 5 June 30, 2015 Consider a request for a specific use permit to allow a retail, used clothing and merchandise store in an RCR (Residential Conservation Revitalization) District at 1795 Park Street TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Chris Boone, Planning & Community Development Director MEETING DATE: June 30, 2015 REQUESTED ACTION: Council consider a request for a specific use permit to allow a retail, used clothing and merchandise store in an RCR (Residential Conservation Revitalization) District at 1795 Park Street. BACKGROUND In May, 2015, City Council approved a specific use permit at 1795 Park for a used clothing and merchandise store. Following this approval, staff received a written protest from a neighbor, claiming that she was not provided proper notification of the Joint Public Hearing on April 20, 2015. June 9, 2015, City Council voted to repeal ordinance 15-010, and rehear the case. The applicant has applied for a specific use permit to allow a retail clothing store in an RCR (Residential Conservation and Revitalization) District. The property is located at 1795 Park. The property received a Specific Use Permit (File 2032-P), in April of 2010 for a retail clothing store, however, the property was not used as a retail clothing store for at least one complete year and therefore must reapply. The applicant is requesting a waiver to the landscape buffer and screening requirements along the North and East property lines. At a Joint Public Hearing held June 15, 2015, the Planning Commission recommended 9:0 to approve a specific use permit to allow a retail, used clothing and merchandise store in an RCR (Residential Conservation Revitalization) District at 1795 Park Street and waive the landscaping requirements along the north and east property lines, subject to the following conditions: 1. Provide nine (9) parking spaces including one (1) disabled parking space. 2. Provide a six (6) foot wide landscape strip along the Irma St. frontage of the parking lot. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of ordinance, subject to the following conditions: 1. Provide nine (9) parking spaces including one (1) disabled parking space. 2. Provide a six (6) foot wide landscape strip along the Irma St. frontage of the parking lot. SPECIFIC USE PERMIT APPLICATION BEAUMONT, TEXAS (Chapter 28, City Codes) TO: THE PLANNING COMMISSION AND CITY COUNCIL, CITY OF BEAUMONT, TEXAS APPLICANTSNAME:___Mark W Whiteley• R Assoriates, Tnr- APPLICANTS ADDRESS: 4250 Faqtax FrePwaV, Reainnnt, Texas 7770' APPLIcANTs PHoNE#: 409-892-0421 FAX#:409-892-1346 NAME OF OWNER: Miller Shield ADDREss of owNER: 8095 Torrey Pines Circle 4 Beaumont. Texas 77707 LOCATION OF PROPERTY: 1795 Park Street LEGAL DESCRIPTION OF PROPERTY: LOTNO. W. -1/2 of Lot 8, All of Lots 9 & 10oR BLOCK NO. 5 ADDITION Jersey Farm NUMBER OF ACRES 0 413 3 TRACT PLAT. SURVEY NUMBER OF ACRES For properties not in a recorded subdivision, submit a copy of a current survey or plat showing the properties proposed for a specific use permit, and a complete legal field note description. PROPOSED USE: Retail Store ZONE: RCR ATTACH A LETTER describing all processes and activities involved with the proposed uses. ATTACH A SITE PLAN drawn to scale with the information listed on the top back side of this sheet. ATTACH A REDUCED 8 V211 X 11" PHOTOCOPY OF THE SITE PLAN. THE EIGHT CONDITIONS listed on the back side of this sheet must be met before City Council can grant a specific use permit. PLEASE ADDRESS EACH CONDITION IN DETAIL. ATTACH THE APPROPRIATE APPLICATION FEE: LESS THAN/2 ACRE.................................................................$250.00 '/z ACRE OR MORE AND LESS TITAN 5 ACRES...................$450.00 5 ACRES OR MORE...................................................................$650.00 I, being the undersigned applicant, understand that all of the condi ' , dimensions, building sizes, landscaping and parking areas depicted on the site plan shall be adhered to as amended,*d ahrove4y City SIGNATURE OF APPLICANT: PLEASE TYPE OR PRINT AND SUBMIT TO: FILE NUMBER: z�-2l - F DATE RECEIVED: CITY OF BEAUMONT PLANNING DIVISION 801 MAIN STREET, ROOM 201 BEAUMONT, TX 77701 Phone - (409) 880-3764 Fax - (409) 880-3133 3/26/2015 26/2015 PLEASE MAKE NOTE ON REVERSE SIDE OF CONDITIONS TO BE MET REGARDING THE SITE PLANAND LETTER OF PROPOSED USES AND ACTIVITIES. MARK W. WHITELEY AND ASSOCIATES INCORPORATED "MMF CONSULTING ENGINEERS, SURVEYORS, AND PLANNERS O P. O. BOX 5492 3250 EASTEX FRWY. BEAUMONT, TEXAS 77726-5492 BEAUMONT, TEXAS 77703 409-892-0.421 (FAX) 409-892-1346 March 25, 2015 City of Beaumont Planning Division 801 Main. Street -Room 201 Beaumont, Texas 77701 ATTN.: Chris Boone REF.: Specific Use Permit 1795 Park Street West 1%2 of Lot 8 and All of Lots 9 & 10, Block 5 Jersey Farm Dear Mr. Boone: Please find attached the Specific Use Permit Application along with a site plan and the fee for the above referenced tract. The owner proposes to use the property located at 1795 Park Street as a retail store. This site has been a commercial building since 1934. Also a specific use permit was previously applied for this location under File No. J11 dated April 19, 2010. The proposed use. is the same as previously applied for. The following comments address the eight conditions as required by the City's Specific Use Permit: • The proposed specific use will be compatible with and not injurious to the use and enjoyment of other property, nor significantly diminish or impair property values within the immediate vicinity.. This site has been a business previously. • The establishment of the specific use will not impede the normal and orderly development and improvement of surrounding vacant property. • There are existing adequate utilities, access roads, drainage and other necessary supporting facilities. • As noted per the site plan the design, location and arrangement of all driveways and parking spaces provide for the safe and convenient movement of vehicular and pedestrian traffic without adversely affecting the general public or adjacent development. We propose to improve the existing driveway. Based on the required parking we have shown a layout for 6 parking spaces. • There will be no offensive odor, fumes, dust, noise and vibration caused by the proposed use of this building. • There is no directional lighting proposed for this site. • Since this is an existing building that has been on these lots many years, there is existing landscaping (trees and shrubs) on site that is compatible with the surrounding area. There is shown a proposed 6 foot wide landscape buffer adjacent to the proposed parking. This landscaping and screening will insure harmony and compatibility with adjacent property. • The proposed use is in accordance with the Comprehensive Plan. As stated above there are currently businesses in the near vicinity of this site with similar use. If you have any questions or need additional information please do not hesitate to call. I remain Sincerely, Thomas S. Rowe, PE, RPLS Vice President Ppi my FgM� Fa " i lie" 14prff AMP #AP&,el &'('j "�. dd d TBPLS Firm No.: 10106700 Page 2 of 2 TBPE Firm No.: F-2633 ORDINANCE NO. ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A RETAIL, USED CLOTHING AND MERCHANDISE STORE IN AN RCR (RESIDENTIAL CONSERVATION REVITALIZATION) DISTRICT AT 1795 PARK STREET IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS, Mark W. Whiteley & Associates, Inc., on behalf of Miller Shield, has applied for a specific use permit to allow a retail, used clothing and merchandise store in an RCR (Residential Conservation Revitalization) District at 1795 Park Street, being the west Y2 of Lot 8 and all of Lots 9 & 10, Block 5, Jersey Farm, Beaumont, Jefferson County, Texas, containing 0.4133 acres, more or less, as shown on Exhibit "A," attached hereto; and, WHEREAS, the Planning and Zoning Commission of the City of Beaumont considered the request and is recommending approval of a specific use permit to allow a retail, used clothing and merchandise store in an RCR (Residential Conservation Revitalization) District at 1795 Park Street, subject to the following conditions: ; and, • Provide nine (9) parking spaces including one (1) disabled parking space. • Provide a six (6) foot wide landscape strip along the Irma Street frontage of the parking lot. WHEREAS, the City Council is of the opinion that the issuance of such specific use permit is in the best interest of the City of Beaumont and its citizens; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT'the statements and findings set out in the preamble to this ordinance are hereby, in all things, approved and adopted; and, Section 1. That a specific use permit to allow a retail, used clothing and merchandise store in an RCR (Residential Conservation Revitalization) District at 1795 Park Street, being the west'/ of Lot 8 and all of Lots 9 & 10, Block 5, Jersey Farm, Beaumont, Jefferson County, Texas, containing 0.4133 acres, more or less, as shown on Exhibit "A," is hereby granted to Miller Shield, his legal representatives, successors and assigns, as shown on Exhibit "B," attached hereto and made a part hereof for all purposes, subject to the following conditions: • Provide nine (9) parking spaces including one (1) disabled parking space. • Provide a six (6) foot wide landscape strip along the Irma Street frontage of the parking lot. Section 2, That the specific use permit herein granted is expressly issued for and in accordance with each particular and detail of the site plan attached hereto as Exhibit "B" and made a part hereof for all purposes. Section 3. Notwithstanding the site plan attached hereto, the use of the property herein above described shall be in all other respects subject to all of the applicable regulations contained in Chapter 28 of the Code of Ordinances of Beaumont, Texas, as amended, as well as comply with any and all federal, state and local statutes, regulations or ordinances which may apply. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 30th day of June, 2015. - Mayor Becky Ames - File 2227-P: A request for a Specific Use Permit to allow retail used clothing and merchandise store in an RCR (Residential Conservation Revitalization) District. Location: 1795 Park Street Applicant: Mark W. Whiteley & Associates, Inc. 0 100 200 1 1 1 1 Feet EXHIBIT "A" Legend ® 2227P RCR RCR CRAIG ST RCR RC -R--- X RCR--M Z n Z v IRMA ST JACKSON ST Re RCR RCR FAY ST R EXHIBIT "A" FND 1. R D 5/8" LOT 10, BLOCK 8 N000o00V 60.00• ALFRED AVENUE (CALL 60.00) (60' ROW) CALL. CORNER r 0 d .�N Ow 0 N � ..o 0 �i ell II!1% OFT— E- 0 FT— W ~ W o� �z o�d IQ"Yiii r0 LOTS GAAR°SEKE 5 u % M NO. 104-19-0802 C 9-0802 I LOj 5 I 1 I 001 A I i 1,01 (CALL 150.009 I o GLC. FXQ N90r00,00T 150.00' CORNER _ I I 0.52 FND 0.4133 ACRES N I LOTS 9 & 10 AND M I W. 1/2 OF LOT 8, BLOCK 5 I I MinJE S ELD, t. ux' OPRJC ,2, wc 1a I ]1. D I 9Is MMRI Vol m /8.00• f/So/ I EXISTING o BUONC OSS r� f i I p I Wooe^y' �✓i`ih I O o r'i�Na J0.10• q J' ~ IANDSUVE Q of c 18.00' I 18.00' o q m I LO PSR NOT 1° I 8 REGULARI SPACE'S 1 DISABLED PARKING SPACE o °Z I ( m oIXTINC ciVREO11 NTOBE IXISiING W08UILDINC Eof I fo '0 I . O.J4' 60.40' .c. � � lANDSGPE L�D N90000r001y.150.00'- (C.A1.L (50.00') _. 44 0 \ ?� File 2227-P: — ------ �, ' 6$ uti k.-134� ..'_ act SSI 1. Provide nine (9) parking spaces including (1) disabled parking space. 2. Provide a (6) foot wide landscape strip along IWO 5/B• the Irma St. frontage of the parking lot. I. ROD LOT 5, BLOCK 4 SITE PLAN OF 1795 PARK STREET LOTS 9 & 10 AND W. 1/2 OF LOT 8, BLOCK 5 JERSEY FARM BEAUMONT, JEFFERSON COUNTY, TEXAS MARK W. WiiPfEIEY P. 0. BOX 6482 AND ASSOCIATES BEAUUONT, n= 77726-5492 INCORPORATED 409-802-0421 CONSULTING ENGB4= 3250 EA= Y1 EXHIBIT "B" BOiiYEYOBS, AND PLANNERS 0 sols LW! w, waalury s aeormrer, o� 7.B.P.LS. FM NO. 101067000 BSABNON7. TFD(A', rL's a eo,nr,�6 or ,. wuW.mM rl preleewnd eer„ieq a !hr properly (PA7Q 409-89 al YM W. W117e/ey & Asrreloler. Nc. and u 1 to be ure0. reyoRURQ mp,d a 6strmuteQ in'nor a pml IAaW inr mYlen aalAwiraOw of ... —_. —, . — --. — --- ..,,..., --- Yrrt M IYbYekY & A _kfer, Lx 0 June 30, 2015 Consider a request for a specific use permit to allow a home daycare in an R -S (Residential - Single Family) District at 3590 Bennett Road TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Chris Boone, Planning & Community Development Director MEETING DATE: June 30, 2015 REQUESTED ACTION: Council consider a request for a specific use permit to allow a home daycare in an R -S (Residential - Single Family) District at 3590 Bennett Road. BACKGROUND Debra Kay Griffin, owner of Lil Debs Daycare, is requesting a specific use permit to allow for a day care facility in her home. The property is in an R -S (Residential — Single Family Dwelling) District, which allows this kind of use with a specific use permit application. The property is located at 3590 Bennett Road. The facility will be located in a somewhat rural, residential area. The facility will be in operation from 6 AM to 6 PM, Monday through Friday and have a maximum of 6 children enrolled. Traffic is not anticipated to be a problem as this is not a highly populated area, the Griffin's have an ample driveway, and they have limited the number of children. Utilities and drainage will not need to be altered. Parking will be provided on the existing driveway; however, it is not anticipated that this use will require any additional parking. The property owner has requested a waiver for the fencing requirement due to the rural nature of the area. Property lines to the east, north and west are all heavily wooded. At a Joint Public Hearing held June 15, 2015, the Planning Commission recommended 9:0 to approve a specific use permit to allow a home daycare in an R -S (Residential- Single Family) District at 3590 Bennett Road subject to the following condition: 1. ADA space must be paved, striped, and designated with signage. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of ordinance, subject to the following condition: ADA space must be paved, striped, and designated with signage. SPECIFIC USE PERMIT APPLICATION BEAUMONT, TEXAS (Chapter 28, City Codes) TO: THE PLANNING COMMISSION AND CITY COUNCIL, CITY OF BEAUMONT, TEXAS APPLICANT'S NAME: APPLICANT'S ADDRESS:- APPLICANT'S DDRESS: APPLICANT'S PHONE #: " NAME OF OWNER: ADDRESS OF OWNER: LOCATION OF PROPERTY: 169 ef)ne" LEGAL DESCRIPTION OF PROPERTY: 5,253 LOTNOSr-lk-e�t�C }��'�ZO��. OR TRACT BLOCK NO PLAT ADDITION k�"tx+-t ee": SURVEY NUMBER OF ACRES LeSS`�k`IA QC -R -Q, NUMBER OF ACRES For properties not in a recorded subdivision, submit a copy of a current survey or plat showing the properties proposed for a specific use permit, and a complete legal field note description. PROPOSED USE: L) ' Cu\CSC ZONE: ATTACH A LETTER describing all processes and activities involved with the proposed uses. ATTACH A SITE PLAN drawn to scale with the information listed on the top back side of this sheet. ATTACH A REDUCED 8 1/" X 11" PHOTOCOPY OF THE SITE PLAN. 12,`.7 THE EIGHT CONDITIONS listed on the back side of this sheet must be met before City Council can grant a specific use permit. PLEASE ADDRESS EACH CONDITION IN DETAIL. ATTACH THE APPROPRIATE APPLICATION FEE: LESS THAN '/Z ACRE.................................................................$250.00 %Z ACRE OR MORE AND LESS THAN 5 ACRES...................$450.00 5 ACRES OR MORE...................................................................$650.00 I, being the undersigned applicant, understand that all of the conditions, dimensions, building sizes, landscaping and parking areas depicted on the site plan shall be adhered to as amended and approved by City Council. SIGNATURE OF APPLICANT: '. �C ltd 1 401- ' DATE: SIGNATURE OF OWNER: C�� "Coe-, F-, (IF NOT APPLICANT) DATE: PLEASE TYPE OR PRINT AND SUBMIT TO: CITY OF BEAUMONT PLANNING DIVISION 801 MAIN STREET, ROOM 201 BEAUMONT, TX 77701 FILE NUMBER: 70 --;Z - P DATE RECEIVED: $ 7-111.7 Phone - (409) 880-3764 Fax - (409) 880-3133 PLEASE MAKE NOTE ON REVERSE SIDE OF CONDITIONS TO BE MET REGARDING THE SITE PLAN AND LETTER OF PROPOSED USES AND ACTIVITIES. DEBRA KAY GRIFFIN 3590 BENNETT RD BEAUMONT, TEXAS 77748 Permit Letter The purpose for this permit is a home based children day care. The name of the daycare is LIL DEBS DAY Care. The hours of operation are from Gam to 6 pm. The ages of children are from 18 months to 4 years old. The purpose of the daycare is to teach and nurture children while their parents or guardians are at work or in school. The day care will instruct children in health and personal habits such as eating, resting, and toilet habits. LIL DEBS DAY Care will Support children's emotional and social development; also, encourage understanding of others and positive self-concepts. The followings are some of the activities: reading books, Simple painting, drawing handcrafts, and singing songs. The day care will be responsible for organize a curriculum for teaching children in our care to learn numbers, letters, and how to say and write their names. Children are schedule to take a snap during the day and fed daily breakfast, snack, lunch and an afternoon snack before going home. Summary: While in operation, LIL DEBS DAY Care will maintain a safe and harmony environment with the surrounding neighboring and the general public. SPECIFIC USE PERMIT APPLICATON BEAUMONT, TEXAS CONDITIONS 1. In the center of appromately three acres, LIL DEBS DAYCARE is located about one hundred sixty five feet from the public road. LIL DEBS DAYCARE provides a day care service used to care for six children ages between 18 months to 4 years old. The day care service will not affect the immediate property or adjacent wooded vacant property. 2. The service of LIL DEBS DAYCARE provides care for six children ages between 18 months to 4 years old will not affect future development or improvement of surrounding vacant property. 3 LIL DEBS DAYCARE normal operating hours will be from 6AM to 6PM daily Monday thru Friday. Currently, we have installed on the east, west, and south side of the day care a 175 watts lighting system, that comes on automate at night. Each 175 watts bulb covers appromately 100 feet. The daycare is about 165 feet from the public road; therefore, LIL DEBS DAYCARE has plenty of access road. The property drainage consists of a one feet wide drainage ditch that drains to the city drainage; also, LIL DEBS DAYCARE is elevated approximately two feet above the city drainage ditch. 4. Access road to LIL DEBS DAYCARE is 165 feet long and appromately 10 feet wide. Presently, there are two parking lots located next to the day care; west side lot is 37 by 26 feet and the north side lot is 80 by 20 feet. Both parking lots are located 165 feet from the public road. 5. LIL DEBS DAYCARE is located about one hundred sixty five feet from the public road in the center of appromately three acres; therefore, the noise level will be minimum when the children are playing in the back yard for about two hours a day. The day care service will not produce fumes, dust, odor, or vibrations. LIL DEBS DAYCARE is licensed by the division of the Texas Department of Family and Protective Services. 6. LIL DEBS DAY CARE will be operating during day time hours; therefore, the daycare will not require directional lighting. 7. LIL DEBS DAYCARE is located on Y acre of land in the center of appromately three acres .Presently; the adjacent properties are vacant heavy wooded area. 8. LIL DEBS DAYCARE service will not affect the general public; also, its operation will maintain harmony and compatibility with neighboring property. The daycare operation will not affect future improvement and development of surrounding vacant property. LIL DEBS DAYCARE: Request a waiver to landscaping and screening buffers because the adjacent properties are heavy wooded vacant area. Summary: LIL DEBS DAYCARE is a full time home based daycare specializing in taking care of children ages 18 months to 4 years old. LIL DEBS DAYCARE is licensed by Texas Department of Family and Protective Services. We provide care and knowledge to the children in our care; also, to the parents of the children we are caring for. LIL DEBS DAYCARE is a family based daycare focused on serving not only the community but the surrounding area of Beaumont, Texas. With the professional hands on care of today's young children, Knowledge is the key to success, and it starts in early childhood. ORDINANCE NO. ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A HOME DAYCARE FACILITY IN AN RS (RESIDENTIAL SINGLE FAMILY) DISTRICT AT 3590 BENNETT ROAD IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS, Debra Kay Griffin, owner of Lil Debs Daycare, has applied for a specific use permit to allow a home daycare facility in an RS (Residential Single Family) District at, 3590 Bennett Road, being the south 250' of the west 220' of Lots 52 and 53, Beaumont Improvement Company, Beaumont, Jefferson County, Texas, containing 1.26 acres, more or less, as shown on Exhibit 'A" attached hereto; and, WHEREAS, the Planning and Zoning Commission of the City of Beaumont considered the request and is recommending approval of a specific use permit to allow a home daycare facility in an RS (Residential Single Family) District at 3590 Bennett Road, subject to the following condition: ; and, • ADA space must be paved, striped, and designated with signage. WHEREAS, the City Council is of the opinion that the issuance of such specific use permit is in the best interest of the City of Beaumont and its citizens; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this ordinance are hereby, in all things, approved and adopted; and, Section 1. That a specific use permit to allow a home daycare facility in a RS (Residential Single Family) District at 3590 Bennett Road, being the south 250' of the west 220' of Lots 52 and 53, Beaumont Improvement Company, Beaumont, Jefferson County, Texas, containing 1.26 acres, more or less, as shown on Exhibit "A," is hereby granted to Debra Kay Griffin, her legal representatives, successors and assigns, as shown on Exhibit "B," attached hereto and made a part hereof for all purposes, subject to the following condition: • ADA Space must be paved, striped, and designated with signage. Section 2, That the specific use permit herein granted is expressly issued for and in accordance with each particular and detail of the site plan attached hereto as Exhibit "B" and made a part hereof for all purposes. Section 3. Notwithstanding the site plan attached hereto, the use of the property herein above described shall be in all other respects subject to all of the applicable regulations contained in Chapter 28 of the Code of Ordinances of Beaumont, Texas, as amended, as well as comply with any and all federal, state and local statutes, regulations or ordinances which may apply. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 30th day of June, 2015. - Mayor Becky Ames - File 2232-P: A request for a Specific Use Permit to allow a home daycare in an R -S (Residential -Single Family Dwelling) District. Location: 3590 Bennett Road Applicant: Debra Kay Griffin 0 100 200 300 400 I I I I I I Feet EXHIBIT "A" 1.11 pe 6s Oaf Care s I Te PIatJ. ; .. N W F: 35`10.QeNNEjIT ��. i 5CQLE.I"=26( L -OT. No..53 .' ... ._ OPEN ; CAR Percti • - _ �-• 2r n � FlooRa ea• 40058,E ar r:» , • �0,. ' Hei9hT;j' 4 . ° 30 Y) Fence: 4/ ' _ ...... i 10[1 L.•' foe' z d TwoSToRieg IL U .... Pd�Ir ° ao' 150 1 d.i . 150' � . 1 z asd 37i. Fe CC 41 900/ - r-3�i BeUN€1T RO• 17' :[ieurlcik RD. e :.. - EXHIBIT „ B„ . June 30, 2015 Consider a request for a specific use permit to allow an automotive repair shop in an NC (Neighborhood Commercial) District at 3135 Park Street BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Chris Boone, Planning & Community Development Director MEETING DATE: June 30, 2015 REQUESTED ACTION: Council consider a request for a specific use permit to allow an automotive repair shop in an NC (Neighborhood Commercial) District at 3135 Park Street. BACKGROUND Shelia Spikes is requesting a specific use permit to allow for a mechanic shop at 3135 Park Street. The property is zoned NC (Neighborhood Commercial). Ms. Spikes states that this property was used as a mechanic's shop several years ago. Since it has been several years, and the most recent use of the property was a restaurant, a specific use permit is required. A waiver to the landscaping and screening requirements is requested. As the property has been commercial in nature for many years, the buildings and parking situation are existing. The building abuts the property line and existing fencing appears to be sufficient. At a Joint Public Hearing held June 15, 2015, the Planning Commission recommended 9:0 to approve a specific use permit to allow an automotive repair shop in an N -C (Neighborhood Commercial) District at 3135 Park Street, subject to the following conditions: 1. The driveway from Euclid should be narrowed to allow placement of 6 parking spaces. Parking area must be cleared, repaired and striped as per plan. FUNDING SOURCE Not applicable. RECOMMENDATIONS Approval of ordinance, subject to the following conditions: 1. The driveway from Euclid should be narrowed to allow placement of 6 parking spaces. Parking area must be cleared, repaired and striped as per plan. SPECIFIC USE PERMIT APPLICATION BEAUMONT, TEXAS (Chapter 28, City Codes) TO: THE PLANNING COMMISSION AND CITY COUNCIL, CITY OF BEAUMONT, TEXAS APPLICANT'S NAME: S dEl- Aad 49 IEE S APPLICANT'S ADDRESS: P4 16a x 1131 n' &D,4 , H% rX, 75J0 APPLICANT'S PHONE 9: f 23 7 —/'/?L'7 FAX # NAME OF OWNER: .Si dc- L I A ) ��S � 1� re -1 C' �i� �j P�Y � ADDRESS OF OWNER: �aa S P1 l t� r e �6�� LOCATION OF PROPERTY: 5 PARK S man a rmo a m` r9c�` 6ay L LEGAL DESCRIPTION OF PROPERTY: LOT NO. 1 OR BLOCK NO. /� n9 ADDITION ITeC.� 16-T6d NUMBER OF ACRES_ .� TRACT' I i 7 PLAT SURVEY NUMBER OF ACRES © • Z-1 Le For properties not in a recorded subdivision, submit a copy of a current survey or plat showing the properties proposed for a specific use permit, and a complete legal field note description. , J PROPOSED USE: L & ZONE: /Aq C_ ATTACH A LETTER describing all processes and activities involved with the proposed uses. ATTACH A SITE PLAN drawn to scale xiith the information listed on the top back side of this sheet. ATTACH A REDUCED 8'/z" X I I" PHOTOCOPY OF THE SITE PLAN. THE EIGHT CONDITIONS listed on the back side of this sheet must be met before City Council can grant a specific use permit. PLEASE ADDRESS EACH CONDITION IN DETAIL. ATTACH THE APPROPRIATE APPLICATION FEE: LESS THAN ;% ACRE.................................................................$350.00 Y ACRE OR MORE AND LESS THAN 5 ACRES...................$450.00 5 ACRES OR MORE...................................................................$650.00 I, being the undersigned applicant. understand that all of the conditions, dimensions, building sizes, landscaping and parking areas depicted on the site plan shall be adhered to as amended and approved by City Councill SIGNATURE OF APPLICANT: SIGNATURE OF PLEASE TYPE OR PRINT AND SUBMIT TO: FILE NUMBER: 7Z!J' q DATE RECEIVED: CITY OF BEAUMONT PLANNING DIVISION 801 MAIN STREET, ROOM 201 BEAUMONT. TX 77701 Phone - (409) 880-3764 Fax - (409) 880-3133 ,TE: ' 1.5 .TE: e 4J %ffNMf f�FNfff%i�Nxf##%##$%f%f%%fit#%#%%%%%###%%%Nf $$NN##$#$#k..FNH'M%YT###k%###B.FBF•*k%%#$$%%+kY#+k#i$.k$Y#Y#+i##Y##$iRe#%�[%A.Y#+F%Y#+k# PLEASE MAKE NOTE ON REVERSE SIDE OF CONDITIONS TO BE NIET REGARDING THE SITE PLAN AND LETTER OF PROPOSED USES AND ACTIVITIES. SHEILA SPIKES PO BOX 1131 CEDAR HILL TX 75105 459-939-1490 March 31, 2015 City of Beaumont Zoning Board Re: Specific Use Application, 3135 Park Street, Beaumont Proposed Use: Property is currently approved for neighbor commercial. Existing building was formerly a mechanic shop, then a restaurant, and will now be changed back to a mechanic shop again. Building has an existing sand trap or oil disposal. The proposed specific use: 1. Will be compatible with and not injurious to the use and enjoyment of other property, nor significantly diminish or impair property values within the immediate vicinity. 2. Will not impede the normal and orderly development and improvement of surrounding vacant property 3. Will have adequate utilities, access roads, drainage, and other necessary supporting facilities as required. 4. The design, location, and arrangement of all driveways and parking spaces provides for the safe and convenient movement of vehicular and pedestrian traffic without adversely affecting the general public or adjacent development as required by city codes 5. Will have adequate nuisance prevention measures taken in order to prevent or control offensive odor, fumes, dust, noise and vibration. 6. Directional lighting will be provided so as not to disturb or adversely affect neighboring properties 7. Because it was a previous commercial use I understand that no landscaping will be required. 8. The proposed use is in accordance with the Comprehensive Plan. Sincerely, P Sheila Spike ADDENDUM TO LETTER AC>DRE65 or- PROPERTY �' 3139 PARK ST. BMT, TX. BEGAUbE THE IBULDIN(S ggUTs THE REAR PROERTY LINE THERE IS NO ROOM FOR LANDSCAPE BUFFER WE NEED TO APPLY FOR A WAVER FOR NO LANDSCAPE BUFFER AT I THE. REAR OF THE �x�STINCs BUILDINCs ORDINANCE NO. ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW AN AUTOMOTIVE REPAIR SHOP IN AN NC (NEIGHBORHOOD COMMERCIAL) DISTRICT AT 3135 PARK STREET IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS, Sheila- Spikes has applied for a specific use permit to allow an automotive repair shop in a NC (Neighborhood Commercial) District at 3135 Park Street, being Lots 1 & 2, Tracts 1 & 2, Block 9, Arlington Addition, Beaumont, Jefferson County, Texas, containing 0.276 acres, more or less, as shown on Exhibit "A," attached hereto; and, WHEREAS, the Planning and Zoning Commission of the City of Beaumont considered the request and is recommending approval of a specific use permit to allow an automotive repair shop in a NC (Neighborhood Commercial) District at 3135 Park Street, subject to the following condition: ; and, • The driveway from Euclid should be narrowed to allow placement of six (6) parking spaces. Parking area must be cleared, repaired and striped as per plan. WHEREAS, the City Council is of the opinion that the issuance of such specific use permit is in the best interest of the City of Beaumont and its citizens; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this ordinance are hereby, in all things, approved and adopted; and, Section 1. That a specific use. permit to allow an automotive repair shop in a NC (Neighborhood Commercial) District at 3135 Park Street, being Lots 1 & 2, Tracts 1 & 2, Block 9, Arlington Addition, Beaumont, Jefferson County, Texas, containing 0.276 acres, more or less, as shown on Exhibit "A," is hereby granted to Sheila Spikes, her legal representatives, successors and assigns, as shown on Exhibit "B," attached hereto and made a part hereof for all purposes, subject to the following condition: • The driveway from Euclid should be narrowed to allow placement of six (6) parking spaces. Parking area must be cleared, repaired and striped as per plan. Section 2, That the specific use permit herein granted is expressly issued for and in accordance with each particular and detail of the site plan attached hereto as Exhibit "B" and made a part hereof for all purposes. Section 3. Notwithstanding the site plan attached hereto, the use of the property herein above described shall be in all other respects subject to all of the applicable regulations contained in Chapter 28 of the Code of Ordinances of Beaumont, Texas, as amended, as well as comply with any and all federal, state and local statutes, regulations or ordinances which may apply. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 30th day of June, 2015. - Mayor Becky Ames - File 2234-P: A request for a Specific Use Permit to allow an automotive repair shop in an -N NC (Neighborhood Commercial) District. Location: 3135 Park Street Applicant: Sheila Spikes 0 100 200 L 1 1 1 Feet Al EXHIBIT "A" m 5RENDA S DRAWING 5oARr,> SHELIA SPICES PROPERTY OWNER 1110 Gladys Suite C Beaumont, Texas 1"606 �F59-939-190 Phone: (409) 866-8100 Fax: 1409.1 866-8101 PROPOSED MECHANICS SHOP E-mail babshiresbcglobal.net 3135 PARK STREET 5MT, TX ZONED HEIGcH80RHOOD COMMERCAIL I EXISTING OPEN ALLEY EXISTING S' WOOD FENCE PLOT PLAN z Q ' 30"w 92' PROPERTY LINE SCALE: 1" - 20' 3135 PARK ST. 1321 BEAUMONT, TX LOT 214 BLK 9 EXIT ARLINGTON l-1TS. U1 Z DATE: 5-26«15 DININSIONS WERE NOT }- 1 STORY SUPPLIED BY p 1- = ^- METAL eUILDINGOWNERS OAND NOT (� VERI17-YED BY APPROX. 11' TALL BRENDA'S DRAWING O t— AT THE HIGHEST POINT BOARD � PLATE HT 12' TALL LEFT SIDE OF Q _ AND APPROX S TALL ON PROPERTY LINE '� (P61.5 THE RIGHT SIDE OF 51JILDING a -9' Pr, SP 11' 6' U4ADDING ENTRANCE r } NEW AR INGtPAC , _ EXIT x Q/ 1i- Q AND ADA PA KING NEW ASPHALT 5 UJlDE OYERNANG-J ApD RAMI -ice.. =1------------------------------------------------------------- n------------------------------- -- X ' EXISTING ASPHALT X 2 z FUTURE 20' BUILDING SET SACK LINE as,) o N ENTRANCECL rz>clT LU c;( �,�- 10' OH CSAR DR. FIRE HYDRANT N 09 Oi' 30" w �r ii ENTRANCE ADD RAMP Q �j ALT DRIVE .4 153' PROPERTY LINE 41 NO Po>"E 21�_'��� EXISTING LANDSCAPINGT' PARK ST, m 5RENDA S DRAWING 5oARr,> SHELIA SPICES PROPERTY OWNER 1110 Gladys Suite C Beaumont, Texas 1"606 �F59-939-190 Phone: (409) 866-8100 Fax: 1409.1 866-8101 PROPOSED MECHANICS SHOP E-mail babshiresbcglobal.net 3135 PARK STREET 5MT, TX ZONED HEIGcH80RHOOD COMMERCAIL I June 30, 2015 Consider a request to conduct a new Public Hearing pertaining to a request for a specific use permit to allow a law office in an RM -H (Residential Multiple Family Dwelling - Highest Density) District at 2226 Hazel Avenue BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City /5 S !, PREPARED BY: Chris Boon�Planning & Community Development Director MEETING DATE: June 30, 2015 REQUESTED ACTION: Council consider a request to conduct a new Public Hearing pertaining to a request for a specific use permit to allow a law office in an RM -H (Residential Multiple Family Dwelling - Highest Density) District at 2226 Hazel Avenue. BACKGROUND The applicant applied for a specific use permit to use the property at 2226 Hazel Avenue to house his law firm. At a Joint Public Hearing held June 15, 2015, the Planning Commission recommended 5:4 to deny a specific use permit to allow a law office in an RM -H (Residential Multiple Family Dwelling - Highest Density) District at 2226 Hazel Avenue. However, following this hearing, the applicant's son, Sean Villery-Samuel, raised an objection, stating that Planning Commission members Lynda Kay Makin and Marty Craig and staff member, Chris Boone, have property within the Oaks Historic District and therefore should recuse themselves from the matter. Mr. Villery-Samuel has requested a new hearing before the Planning and Zoning Commission. For reference purposes, the size of the Oaks Historic District is approximately one mile by one mile. Also for reference purposes, Commissioner Makin's property is approximately .35 miles from the subject property, Commissioner Craig's property (although recently sold) is .42 miles from the subject property and staff member Boone's property is .34 miles from the subject property. FUNDING SOURCE Not applicable. RECOMMENDATION None. SAMUEL & SOIJ L Alff FlftMf JX IV OFFICE r , I 4.,JMOMT ATTOMY'S AT LAW -5 C; FM 2t 05 Sean Vfflery-Samuel 201 Audwin M. Samuel scsamuel@yghoo.com attvsamuel@live.com June 16, 2015 Dear Mayor and Council.• In consideration of the vote recently delivered by the Planning and Zoning Commission on June 15, 2015,1 am sending this letter as a formal request for a new hearing before the Planning and Zoning Commission. This request is based upon two members of the commission taking part in a vote, when an Attorney General Opinion indicates that they should have recused themselves (see Exhibit A). Prior to the 4-5 vote against approving the specific use permit for the subject location, 2226 Hazel, a question as to the necessity of commissioners Lynda K. Makin and Marty Craig recusing themselves from the vote due to them both having property within the Oaks Historic District. Upon raising the question, the Presiding Commissioner, Sina Nejad, indicated that the commission considered the question prior to coming to the meeting, and determined that there was no conflict of interest and that they could vote. The Commissioner went on to say that Commissioner Shani Daigle, Councilman Audwin Samuel's appointee, would have had to recuse herself as well, due to being his appointee. in considering whether Commissioner Makin and Commissioner Craig should have recused themselves there are a couple of question that must first be answered. First, are commissioners considered "local public officials" according to the Local Government Code? Second, if a commissioner is considered a local public official, what constitutes a conflict of interest? Lastly, if a commissioner does have a conflict of interest, what actions must be taken by the individual commissioners and commission, if any? in answering the first question, are the commissioners consider "local public officials"? In short, yes. According to Chapter 171 of the Local Government Code, which deals with conflicts of interest on the part of "local public officials", a local public official is defined as follows: local public official means a member of the governing body or another officer, whether elected, appointed, paid, or unpaid, of any district (including a school district), county, municipality, precinct, central appraisal district, transit authority or district, or other local governmental entity who exercises responsibilities beyond those that are advisory in nature. Local Gov't Code § 171.001(1) (emphasis added). As stated in the Attorney General Opinion, "it is clear that a member of the commission exercises responsibilities beyond those that are advisory in nature." Tex. Att!y Gen. Op. No. DM -309 (1994). After determining that Commissioner Makin and Commissioner Craig are "local public officials", as determined by the Local Government Code we must turn to the second question. What constitutes a conflict of interest? In answering this question, we must turn to section 171.004 of the local Government Code. This section reads as follows: (a) If a local public official has a substantial interest in a business entity or in real property, the official shall file, before a vote or decision on any matter involving the business entity or the 1965 PARK STREET, SUITE 101- BEAUMONT, TEXAS 77701 - (409) 833-4111- FAX: (409) 838-2220 real property, an affidavit stating the nature and extent of the interest and shall abstain from further participation in the matter if: (1) if in the case of a substantial interest in a business entity the action on the matter will have a special economic effect on the business entity that is distinguishable from the effect on the public; or (2) In the case of a substantial interest in real property, it is reasonably foreseeable that an action on the matter will have a special economic effect on the value of the property, distinguishable from its effect on the public. Here, both Commissioner Makin and Commissioner Craig indicated that they own property within the Oaks historic District. More importantly, the Commissioners have said that the allowance of the SUP granting our law office the ability to operate in this area would negatively impact their property values. The statute doesn't make a determination as to whether the impact on the property must be positive or negative, it must simply impact. Therefore, based on the admissions of the Commissioners they do have a significant interest in the outcome of the vote, thus they should have recused themselves. Lastly, being that they are local public officials with an interest in the outcome of the matter, they should have not only filed an affidavit indicating the nature of their interest, they should have recused themselves as well. The law is clear on this matter, and the Commissioners and Commission chose to not follow the law and take part in the vote. It is noteworthy to note, "a local public official commits a criminal offense if he or she knowingly fails to file an affidavit stating the nature and extent of his or her substantial interest in a business entity on which a vote or decision will have a special economic effect, as required by section 171.004.**' Tex. Att'y Gen. Op. No. DM -309 (1994). In response to the Presiding Commissioner's position that Commissioner Daigle would have been required to recuse herself if Commissioner Makin and Commissioner Craig had to, I must say I do not agree, nor does the law indicate such. The necessity of Commissioner Daigle having to recuse herself is not based on the same logic or law. The logic for the preceding arguments and law, is that anyone with a financial interest in the outcome of their vote should be prohibited from taking part in such vote. Here, Commissioner Makin and Commissioner Craig have such a financial interest, while Commissioner Daigle does not. In consideration of the aforementioned information, I request a rehearing on our specific use permit in order for a new vote to take place. Furthermore, I also request that Commissioner Makin and Commissioner Craig abstain from taking part and recuse themselves from the vote. In light of everything before you now, I believe this is the fair, right and just thing to do for all parties involved. I thank you for your time and consideration. I am, 7 sincer ly, Sean C. Villery-Samuel EXHIBIT A 1WIMIce of the 9ttorney serest ►tale of Meng DAN MORALES ..TrORNEF GENERAL Honorable Fred HiR Chair Committee on Urban AEairs Texas House ofRcpresentatives Austin, Texas 78768-2910 Dear Representative ffdl: December 6, 1994 Opinion No. DM 309 Re: Whe dw the: membe m of the City of Dallas Planning and Zoning Commission are `focal public officials' under chapter 171 of the Local Government Code and related questions (RQ -689) You ask whether members of the City of Dallas Planning and Zoning Commission (the "commission") arc "local public officials" under chapter I7I of the Local Government Coda. Specfically, you ask if the members are "local public officials" for purposes of chapter 171 when they make recounnendations on proposed changes to zoning regulations or boundaries in accordance with Section 211.007(b) of the [Local Government] Code in light of the fact that Dallas has adopted an ordinance in con3unction with Section 211.006(f) of the Local Government Cade that requires an affirmative vote of at least tlu+ee--fourths of the entire City Council to overrule a recommendation of denial by the commission. Section 211.007 ofthe Local Government Code provides in pertinent part: (a) To exercise the powers authorized by this subchapter, the governing body of a home -rule municipality shall; and the governing body of a general taw municipality may, appoint a zoning commission. The commission shall recommend boundaries for the original zoning districts and appropriate zoning regulations for each district. If the municipality has a municipal planning comm-Assion at the time of implementation of this subchapter, the governing body may appoint that commission to serve as the zoning "commission. (b) The zoning commission shall make a preliminary report and hold public hearings on that report before submitting a final report to the governing body. The governing body may not hold a public hearing until it receives the Seal report of the zoning commission unless the governing body by ordinance provides that a public hearing is to be held, after the notice required by Section 211.006(a), jointly with a public hearing required to be held by. the zoning p. 1650 Honorable Fred Hilt - Page 2 (oM 309 )* commission. In either case, the governing body may not take action on the matter until it receives the frost report of the zorurtg commission. Local Gov't Code § 211.007. Section 211.006(f) provides as follows: (f) The governing body by ordinance may provide that the motive, vote of at least-fouribs of all i#s members is required to overrule -a recommendation of the municipality's zoning commissiog that a proposed change to a regulation or boundary be denied. Id. § 211.006. Chapter 171 of the Local Government Code governs conflicts of interest on the part of "local public officials" "`Local public official' is defined as follows: "Local public official" means a member ofthe governing body or another officer, whether elected, appointed, paid, or unpaid, of any district (including a school district), county, municipality, precinct, oentral 'appraisal district, transit authority or district, or other local governmental entity who exercises responsibilities beyond those that are advisory in nature. Id. § 171.001('1). In Tight of the information you have provided, it is clear that a member of the commission exercises responsibilities beyond those that are advisory in nature. Thus, we conclude that a commission member is a "local public official" under the foregoing definition and therefore subject to the requirements of chapter 171. We further note that a commission member is subject to chapter 171 not just when he or she makes a recommendation specified in section 211 M6(f). Rather, all of his or her acts as a commission member are subject to chapter 171. Next you ask, "Doers the terra `involving the business entity' used in Section 171.004(a) refer only to the business entity whose request is the subject matter of the vote or decision, or does it also include a business entity that is paid to represent the entity whose request is the subject matter of the vote or decision?" In a related question, you ask, "Does the term `involving the business entity' used in Section 171.004(a) include a business entity that is paid to represent a person or group opposing the business entity whose request is the subject matter of the vote or decisionT We conclude ticat the term "business entity" includes any business entity that represents a party with an interest in a matter before the commission for the following reasons. Section 171.004 provides in pertinent part: (a) 1f a local public official has a substantial interest in a business entity or in real property, the official shall file, before a vote or dedssion on any matter involving the business entity or the real p. 1651 s Honorable Fred MR - Page 3 (DM -309) property, an affidavit stating the nature and extent of the interest and shall abstain from ftrrEher participation in the matter if: (1) if in the case of substantial interest in a business entity the action on the matter will have a special economic effect on the business entity that is distinguishable from the effect on the public; or (2) in the case of a substantial interest in rest property, it is reasonably foreseeable that an action on the =after will have a special 'economic, effect on the value of the property, distinguishable from its effect on the public. (c) If a local public official is required to file and does file an affidavit under Subsection (a), the official is not required to abstain from further participation in the matter requiring the affidavit if a majority of the members of the governmental entity of which the official is a member is composed of persons who are likewise required to file and who do file affidavits of similar interests on the same official action. Section 171.004(a)(I) requires a commission member to file an affidavit if he or she has a substantial interest in a business entity' and the action on the matter will have a special economic effect on the business entity. Id. § 171.004(a)(1). Section 171.004(a)(1) is broadly written and does not require that the business entity have a direct interest in the matter. It only requires that the action on the matter have a special economic effect on the business entity. Furthermore; chapter 171 does not confine the term "business entity*' to only those business entities with a direct interest in an action. See id § 171.fiii1(2) {"`Business entity' means a sole proprietorship, partnership, firm, corporation, holding company, joint-stock company, receivership, trust, or any other entity recognized by law."). We believe that section 171.004(a)(1) extends to an action of the commission that will have a special economic effect on a business entity that represents an entity or person with an interest in a matter before the commission. Whether or not a particular action will have a special economic effect on a business entity that represents an entity or person with an interest in a mutter before the commission is a question of fact and is therefore beyond the purview of the opinion process. See Attorney General Opinion DM 279 (1993) at 7. A local public official commits a criminal offense if he or she know fails to file an affidavit stating the nature and extent of his or her substantial interest in a business entity IA person has a "substantial interest in a business etufty" if (i) the person owns ten percent or more of the voting stock or shares of the business entity or owns either ten percent or more or 55,000 or more of the fair market value of the business entity or (ii) funds received by the person from the business entity exceed ten percent of the person's gross income for the previous year. See Local GWt Code § 171.002(a). p. 1652 A Honorable Fred Hill - Page 4 (DM -309) on Drt 3os) on which a vote or decision wig have a special economic effect, as required by section 171,004. See Local Gov't Code § 1.71.403. SUMMARY A member of the City of Dallas Planting and Zoning Conwission (the "commission'") is a "local public officiai" subject to the requirements of chapter 171 of the Local -Government Code. Section 17I.004(a)(1) extends to an action of the commission that will have a special economic effect on a business entity that represents an entity or person with an interest in a matter before the commission. JORGE VELA First Assistant Attorney Gatetal DREW T. DURHAM Deputy Attorney General for Criminal Justice JAVIER AGUILAR Special Assistant Attorney General REMA HICKS State Solicitor SARAH I SHIRLEY Chair, Opinion Committee Prepared by Mary R. Crouter Assistant Attorney General p. 1653 Yours very truly, - e, - DAN MORALES Attorney General of Texas SAMUEL & SON LAW FIRM, P-L.L.C. ATTORRETS AT LAW Sean Villery-Samuel Audwin M. Samuel scsamuel@yahoo.com attysamuel(a),live.com June 17, 2015 Dear Mayor and Council: In an attempt to give further clarity to the issue before us all, I offer this supplemental letter. In conducting further research into the matter, the attached Attorney General Opinion offers further guidance (Exhibit A). According the Local Government Code, a "substantial interest in real property" is defined as "an equitable or legal ownership with a fair market value of $2,500.00 or more." Local Gov't Code § 171.002(b). "Thus, if the value of the residence exceeds $2,500.00, a city council member who owns his or her home has a substantial interest in the residence." Tex. Att'y Gen. Op. No 96-049 (1996). Therefore, in consideration of Commissioner Lynda K. Makin and Commissioner Marty Craig being local public officials, if their property is valued more than $2,500.00, then they should have recused themselves. In consideration of the aforementioned, their vote would have areasonably foreseeable economic effect that is distinguishable from its effect on the public. In addition, should Commissioner Lynda K. Makin and Commissioner Marty Craig be found to have to recuse themselves from participating in the vote on this matter, I believe Chris Boone, Community Development Director for the City of Beaumont, faces the same dilemma. In accordance with to Chapter 171 of the Local Government Code, the Community Development Director for the City of Beaumont is considered a local public official. According to that section, a "local public official" is a member of the governing body or another officer, whether elected, appointed, paid, or unpaid, of any district (including a school district), county, municipality, precinct, central appraisal district, transit authority or district or other local governmental entity who exercises responsibilities beyond those that are advisory in nature. Local Gov't Code § 171.001(1) (emphasis added). As the Director, an "officer", he doesn't simply advise in zoning matters, but utilizes the authority of his office in making decisions that are determinative and binding. Furthermore, Mr. Boone possess property within the Oaks Historic District valued more than $2,500.00, thus creating the same conflict of interest that Commissioner Makin and Commissioner Craig face. As this is the case, Mr. Boone should recuse himself from any involvement within the process, as he tenders the opinion to the zoning and planning commission in regards to approving or denying a specific use permit. Again, thank you for any time and consideration you offer in the matter. This additional Attorney General Opinion is offered as further advisement. I am, 1965 PARK STREET, SUITE 101 - BEAUMONT, Tis 77701 - (409) 833-4111 - FAX: (409) 838-2220 Sincerely, _"M Sean C. Vinery -Samuel =C:) co C:P-n rn icll M i "a 1965 PARK STREET, SUITE 101 - BEAUMONT, Tis 77701 - (409) 833-4111 - FAX: (409) 838-2220 EXHIBIT A Office of tide Atternep general State of 9exas DAN MORALES uM� ATTORNEI GENERAL •�7 10,19% Mx Hoo ft Fred hill Letter Opiaon No 96.849 Cluk Comu ttee on Urban Affairs Re. Whether a city Bound member may Teaas Hower ofRepresentat M vote or decide on a moving matter P.O. Box -2910 regardigg the mon is which the Austin. Tatar 78768-2910 member resides M#38147) Dear Represemative Hld: You ask whether a city council madw may vote or decide on a mo*S matter rig the sabdiv = in which the member resides. You have not told us that the sty council member owns the resideam Ws assume that tins is the ease. Appxm*, a city council agatda will hie an application for an amendnxnt to a moving oedinaatoe 8oveaamg the 8irbdiVlaioil. ampter 171 oftbe Local Gummi eW Code; which meAses local public oi3tcWe cxaflicts of interests, applies to city council members. Local Gov't Cade 1171.001(1): Attomey General Opinion DM -130 (1992) at 2 CA home rub city council member is deafly a `local VaWc offloW within the meaning of decal Gavaament Code] section 171.004."). Section 171.004 provides that If it is ressonabty formembte On a vote or. decision on a matter hwak og real property will have a special a conomk effect on the vda of the pa"W, dastiagui hft from its effect on the pubk a local public official wla has a aabstapatial imerast in the real propesiy rraast telae oertani steps. Local Gov't Code $ 171.004(a). Those deps'iacbtde filing -aa affidavit staft the adore and adept of the real property interest before a vote or decision on a matter ivvdit the Taal property and abstaining $om fustlla participation in the matter. Id Secdon 171.002 defines a "aabstandal interest in real property" as "an equitable or kgat ownerft with a fair market value of S2,S00 or mora." Id. $171.002(b). Tru % if the value of the reacdem oweede 52,500, a city eowW member who owns his or her home has a subsea dd inbe<+eat in die asiftm That fact, however, does not neeessu* prelude the city wu ncil deanber fiom votrntg or deciding on a matter affecting the property. As noted above„ the cdty cmadl menber must abstain only if R a reasonably foreseeable that the action on the matter will have a special economic effect on fix value of the property, distetguisliabte from its effect on the public. Whether it is "reasanably f eseusble" that a matter vHl have a "`:pedal economic effect' on the value of the member's fe idenc e ` abbe Som its effect on the publics' so as to trigger the affidavit and abstention requir+went I of the section ... depengsj on the facts of the TIkHowmWFred W - Pqe 2 t 19+6-o4p) pardaft tensa." A wnW GanexW 0*1= DM -130 (1992) at 2. Thmfty, we OMM provide a dtdit O" amwa to ym qtt Wom - We Audw aft that bemw chapter 191 b mmdldvie of nt W dpd outer pravi wu and ondi =cM a aty mmW ==bar dWd con=ic dm w proviei m aad ordt`aom to dd af*4 wbetiw they plus addW aW restrkdm on members' put`* 0 1*oa in msttm aokx ta$ thea rent property. Id at 3; sw af.S11"► Local Gov't Code 17i.Hb9jir) 6w,6 &vS tat ahapu r 171 is ==Aativc of mweq al cbwtw pswAdo= and amlinattcas probwtiag contift of harata}. Under chWer 171 of the Local GovammW CAdt; a tdty coc==a member may not vote or decade on a z0ft matter vopf ins the ea"vWon is wbkb the mamba trams a xWdemoe if it is r uombiy forow bb that tits Red= on the matter wit hoo a special mmm* emict on tits vacua of the sw9wes reddow., distirtipridm"c Snm its efct on the pt*um Yam very. trdly, - MaryR Cfmw /lsds taat llitoraes► Gates} Opwoa caa mutts RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Council hereby authorizes a new Public Hearing to consider a specific use permit to allow a law office in an RM -H (Residential Multiple Family Dwelling — Highest Density) District at 2226 Hazel Avenue. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 30th day of June, 2015. - Mayor Becky Ames - PI June 30, 2015 Consider a request for a specific use permit to allow a law office in an RM -H (Residential Multiple Family Dwelling - Highest Density) District at 2226 Hazel Avenue TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Chris Boone, Planning & Community Development Director MEETING DATE: June 30, 2015 REQUESTED ACTION: Council consider a request for a specific use permit to allow a law office in an RM -H (Residential Multiple Family Dwelling - Highest Density) District at 2226 Hazel Avenue. BACKGROUND The applicant would like to use the property at 2226 Hazel Avenue, to house his law firm. The office is to house two licensed lawyers and one assistant. Office hours would be from 8:00am - 5:00pm, Monday through Friday. Normal business would involve no more than two scheduled clients visiting the office for consultation at the same time. The office use is proposed to be located in a block of Hazel between 61h and 7t' Streets that is shown in the Comprehensive Plan as a Stable Area. While commercial uses are not necessarily prohibited in a Stable Area, great care should be given in allowing them. If allowed, this office would be the only non-residential use in this block. While RM -H (Residential Multiple Family Dwelling - Highest Density) does allow for the approval of offices with an SUP, this particular block should be considered stable, given the few vacant structures in the block, the lack of applications to convert residential uses to commercial uses, and the fact that the property values in this block continue to increase and not decrease. It should be noted that the analysis showing increasing property values in this block is only intended to demonstrate that this is a stable area and not intended to argue or imply that allowing this office would reverse or impact property values. Allowing this first new commercial use in this established residential block would not be compatible and would be considered injurious to adjacent properties and would impede the normal and orderly development and improvement of surrounding vacant and improved properties. At a Joint Public Hearing held June 15, 2015, the Planning Commission recommended 5:4 to deny a specific use permit to allow a law office in an RM -H (Residential Multiple Family Dwelling - Highest Density) District at 2226 Hazel Avenue. FUNDING SOURCE Not applicable. RECOMMENDATION The Administration recommends denial of a specific use permit. SPECIFIC USE; PERMIT APPLICATION UA`I VMONT, TEXAS (Chapter 28; City. Codes) TOt' THE PLANNING COMMISSION' AND' CITY COUNCIL; CITY OF BEAUMONT, TEXAS .APPLICAN'T'S NAME;__ _•�,� r.tJ_ .,1_�Q..tA�.��:L .. _ _ _ APPLICANT'S, ADDRESS:---...,:� [�.. _�� APPLICANT'S PHONE #:- - .- � c� :_ 3 d _I.1 FAX #`. '°�.� 193 Z 2 2'a NAME"OF OWNER;: 9 o &RL.%�} 5 LOCATION'OFPROPERTY Hai �¢ �. �i 'ZkUate®AQ a 9c UWAL;DESCRYPTION OF PROPERTY OR TRACT BLOCKNO'.. - PLAT SURVEY... . NUMO'ER OF ACRES ... �'.q.�. :_ _ ._ -.. . NUMB8Rj OF ACRES For properties not; in a, recorded sulidivisiou, submit a copy of a current survey or plat showing the properties proposed` for a specific: use permit;•and a coif plete legatfie1'd note description. - PROPOSED:USE:._ ._.:tom _ ...9 �.�. w;' ZONE: ATTACK` A LETTER'd'escribing,all'.processes and activities, involved with the proposed uses. ATTACI3: A SITE.PtAN drawn toi scalp With; the information listed!:on ,the top back side of this sheet.. ATTAOR- A REDUCED8:'%Z" X.11" PHOTOCOPY OF THE.SITE PLAN. THE V,16- 11,T listed,,on the -back side of this. sheet must be met before City' Council can grant a specific use permit:, PLEASE ADD1tESS EA CI3� CONDITION IN DETA3Lw ATTACH TIIE AMOPRIATEAPPLICATION FEE: USS; THAN- A:CRE::.::.:::...........::.:;::.:.........,.. $250:00 .. %ACRE OR MORE AND'LESS.THAN 5 ACRES ::...:..::..... :$450.00 S ACRES OR MORE ..:...............::. .......:.. • ...:.......$650.00 I, b6b)gtheundersigned`applic areasdepicted on, the site plan: SIGNATURE OF APPLICANT_ C SIGNATURE OF MOOR- P. WNER:.._ PLEASE TYPE OR PRINT AND SUBMIT TO: at all :of the conditions, dimensions, building sizes, landscaping and parking to" as - ended and approved liY City Council. DATE:. Q.1 '�a sic/ K - (IF NOT APPLICANT): DATE: CITY OF BEAUMONT PLANNING DIVISION' 801 MAIN STREET, ROOM 201 BEAUMONT TX. -77701 FILENNUMBER. _ DATE RECEIVED , :? 2_Z . l Plione - (409) 880'-3764 Fax -'(409) 880-3133' PLEASE MAKE NOTE ON ,REVERSE SIDE OF CONDITIONS.TO BE. MET REGARDING THE SITE PLAN AND LETTER OF PROPOSED'USES AlbACTIVITI'ES: SAMUEL & SON LAW FIRM, P.L.L.G. ATTORNEYS AT LAW AUDWIN M. SAMUEL SEAM VILLERY SAMUEL ATTYSAMUEL@LIYE.COM SCSAMUEL@YAHOO.COM May 22, 2015 City of Beaumont Planning Division 801 Main Street, Room 201 Beaumont, Texas 77701 KE: Specific Use Application To Whom It May Concern: This is an application for a specific use permit to locate a law office at 2226 Hazel. The office is to house a small general practice Law Firm, with two lawyers, licensed to practice in the State of Texas. The office hours will be from 8:00am — 5:00pm, Monday through Friday. There will be three people working in the office on a daily basis. Normally there will be no more than two scheduled clients visiting the office for consultations at the same time. The application request meets the following required conditions: • The specific use will be compatible with and not injurious to the use and enjoyment of other property and will not diminish or impair property values in the immediate vicinity; • The specific use will not impede the normal and orderly development of surrounding vacant property; • There are adequate utilities, access roads, drainage and other necessary supporting, facilities have been provided; • The design, location and arrangement of all driveways and parking spaces provides for the safe and convenient movement of vehicular and pedestrian traffic without adversely affecting the general public or adjacent development; • There are adequate nuisance prevention measures preventing offensive odors, fumes, dust, noise and vibrations; • There will be no directional lighting that would disturb or adversely affect neighboring properties; • There is sufficient landscaping and screening to insure harmony and compatibility with adjacent property; • The proposed use is in accordance with the Comprehensive Plan. 1965 PARK STREET, SUITE 101 • BEAUMONT, TEXAS 77701 . (409) 833-4111 • FAx: (409) 838-2220 Thank you for your consideration. Sinc ly, Audwin uel 2Z,55'r DATE: June 15, 2015 TO: Planning Commission and City Council FROM: Chris Boone, Director of Planning and Community Development SUBJECT: Consider a request for a specific use permit to allow a law office in an RM -H (Residential Multiple Family Dwelling - Highest Density) District. FILE: 2233-P STAFF REPORT The Planning staff recommends denial. The applicant would like to use the property at 2226 Hazel Avenue, to house his law firm. The office is to house two licensed lawyers and one assistant. Office hours would be from 8:00am - 5:00pm, Monday through Friday. Normal business would involve no more than two scheduled clients visiting the office for consultation at the same time. During an initial review, it might appear that a professional office in a block containing multiple apartment complexes and bordered by blocks containing a professional office and restaurants, might be acceptable. However, in.determining whether or not this application for anew business, in this particular block should be approved, it is important to consider that the commercial uses in the adjacent blocks were established many years ago, at a time when this area was declining and conditions were different. Now, in 2015, in reviewing whether this particular Specific Use Permit (SUP) should be approved, it is important to consider several specific factors. First, it is important to consider the overall purpose of the Specific Use Permit process, which the Zoning Ordinance states as: Purpose. This section provides the City Council the opportunity to deny or to conditionally approve those uses for which specific use permits are required. These uses generally have unusual nuisance characteristics or are of a public or semi-public character often essential or desirable for the general convenience and welfare of the community. Because, however, of the nature of the use, the importance of the use's relationship to the comprehensive plan, or possible adverse impact on neighboring properties of the use, review, evaluation, and exercise of planning judgment relative to the location and site plan of the proposed use are required." In addition to the Purpose, described above, the Zoning Ordinance states that an SUP "shall be granted only if all of the eight (8) Conditions of Approval have been met. The summary analysis of these eight conditions is enclosed. However, below is a more detailed analysis of the three conditions that are most relevant. They are: (1) That the specific use will be compatible with and not injurious to the use and enjoyment of other property, nor significantly diminish or impair property values within the immediate vicinity; (2) That the establishment of the specific use will not impede the normal and orderly development and improvement of surrounding vacant property; (8)< That the proposed use is in accordance with the Comprehensive Plan. In the analysis of the Purpose as well as these three Conditions, it is important to first consider the Comprehensive Plan and what it calls for in this area of the Oaks District. In the Plan, this area is designated as a Stable Area—an area considered "free from blighted influences such as incompatible land uses ... vacant parcels which may exist are good to excellent development sites". As such, extra care should be given in allowing varying land uses. As a result, the question then becomes what would be considered the most appropriate action as specified by the Comprehensive Plan and most sound planning judgement as required by the Zoning Ordinance? To answer this, it is important to also consider the 2007 Oaks District Rezoning Study. This study sought to analyze which areas of the Oaks District had sufficiently stabilized to warrant rezoning to then further limit commercial and multi -family encroachment. The purpose was also meant to better align the zoning of the neighborhood with what was called for in the Comprehensive Plan. The action taken then as part of the study was to rezone some areas to R -S (Residential -Single -Family) (including the area across the street from this site), create a new type of zoning district, known as RCR-H (Residential Conservation and Revitalization -Historic) to further restrict commercial encroachment, and change the zoning of several blocks of RM -H (Residential Multi -Family -Highest Density) to R -S (Residential -Single -Family) zoning. It should be noted that while the south side of this block of Hazel was rezoned to R -S (Residential -Single -Family) zoning, the north side of this block remained RM -H. This and other areas were not changed, not necessarily due to a desire to allow and encourage commercial uses, through an SUP approval, but due to the prevalence of multi -family structures that would be very difficult or impossible to revert to back to single-family residences. For this SUP application, it is important to consider whether now, some eight years after the rezoning study, is this block still in need of commercial investment and mixed uses or whether, in 2015, this block continues to be stable or -improving and still in need of being free from incompatible land uses? In order to answer this, we should look to such factors as rate of vacancies in the immediate area, the number of recent SUP applications for conversion to commercial use in the recent past and finally, trends in property values. First, research shows that currently, there are almost no vacancies that exist in this immediate area and other than this application, no applications for new commercial uses, via the SUP process, have been recently submitted within this block. An SUP was approved for a barber shop on the south side of Hazel, but this was in 1992. It is also worth noting that this application comes soon after this property was occupied as a residence for many years, which would indicate that a residence would be a viable use. With regard to trends in property values, our research showed that of the seventeen (17) structures in this block of Hazel (excluding those along 7t' and 6`h), sixteen (16) showed significant increases in value (as appraised by the Jefferson County Appraisal District) -significant evidence of stabilization. In 2003, the value of these seventeen (17) properties was $931,490, in 2007 the value was $1,292,640, and in 2014, the total value was $1,424,830. Not only did all but one of the structures increase in value, the increase in value from 2003 to 2014 was greater than fifty percent (50%). This rate compares to an increase rate of only 12.4% in another more traditionally stable part of Old Town, 20% in an area on the south side of Calder Avenue in Old Town, as well as an increase in value of 13% at a randomly selected, but similar RM -H property in another part of the city (Please see attached chart for property value data). Finally, it is important to consider the non-residential nature of the business itself. This would include the daytime -only occupancy as well as the traffic associated with employees and clients. While it could be argued that the impact of the use would be somewhat limited compared to other commercial uses and might be appropriate in areas of the Oaks District that continue to struggle, it can also be argued that this type of use is substantially different than that of residential uses and would be considered incompatible. In summary, cities with declining historic neighborhoods often turn to light commercial uses—especially professional offices to help stabilize an area. While it can be argued that certain blocks in the Oaks District continue to struggle to stabilize and may continue to need a variety of uses, their RCR-H zoning specifically calls for this and allows it if granted an SUP. This particular block of Hazel, while maintaining its RM -H zoning due to the prevalence of multi -family structures and uses, has stabilized in the eight (8) years since the last zoning study and is designated as a Stable Area in the Comprehensive Plan. As such, adding this new office in this established residential block would not be compatible and would be considered injurious to adjacent properties and would impede the normal and orderly development and improvement of surrounding vacant and improved properties. Property Values in the 2200 Block of Hazel -- 2003 to 2014 $1,600,000 $1,424,830 $1,400,000 $1,200,000 $1,000,0 $800,000 $931,490 $600,000 $400,000 $200,000 2003 2014 Home Values in the 2200 Block of Hazel -2003 & 2014 160000 140000 120000 100000 r 80000 ° 182003 60000 4 J s F 72014 40000 20000 e €. O O O 00 O t0 00 1� to Cf M N O N O M N a-1 a--1 w N N N N u7 Ln ti d M to Ln N r1 N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N Exhibits are attached. PUBLIC NOTIFICATION Notices mailed to property owners 30 Responses in Favor Responses in Opposition LEGAL DESCRIPTION FOR ORDINANCE PURPOSES BEING Lot 23 and the east 8' of Lot 22, Block 7, Averill Addition, Beaumont, Jefferson County, Texas, containing 0.16 Acres, more or less. ANAT LASTS CONDITIONS FOR APPROVAL OF SPECIFIC USE PERMIT (SECTION 28-26.E, ZONING ORDINANCE) Application Application is in is not in Comments compliance compliance Attached Conditions: 1. That the specific use will be compatible with and not injurious to the use and enjoyment of other property, or significantly diminish or impair property values within the immediate vicinity; X X 2. That the establishment of the specific use will not impede the normal and orderly development and improvement of surrounding vacant property; X X 3. That adequate utilities, access roads, drainage and other necessary supporting facilities have been or will be provided; X 4. The design, location and arrangement of all driveways and parking spaces provides for the safe and convenient movement of vehicular and pedestrian traffic without adversely affecting the general public or adjacent developments; X X 5. That adequate nuisance prevention measures have been or will be taken to prevent or control offensive odor, fumes, dust, noise and vibration; X 6. That directional lighting will be provided so as not to disturb or adversely affect neighboring properties; X 7. That there are sufficient landscaping and screening to insure harmony and compatibility with adjacent property; and, X X 8. That the proposed use is in accordance with the Comprehensive Plan. X X ANALYSIS continued This application is in conformance with three of the eight conditions necessary for approval. Comments on Conditions 1, 2, 4, 7 and 8 follow: Due to the increasing stability of this area and the lack of other commercial uses in this immediate area and designation as "Stable" in the Comprehensive Plan, allowing professional offices would be considered injurious to the use and enjoyment of other property and could significantly diminish or impair property values within the immediate vicinity. 2. Due to the increasing stability of this area and the lack of other commercial uses in this immediate area, the establishment of the speck use will impede the normal and orderly development and improvement of surrounding vacant property. 4. The applicant proposes to expand parking in the rear yard to add 3 parking spaces, including an ADA compliant parking space. Applicant is requesting a waiver to the buffer requirement as existing buildings, driveway and proposed parking encroach into the required ten (10) feet. Applicant wishes to keep existing fencing in an attempt to maintain the residential nature of the properly as much as possible. The Comprehensive Plan identifies this block as a Stable Area. GENERAL INFORMATION/PUBLIC UTILITIES APPLICANT: Audwin M. Samuel PROPERTY OWNER: Norris and Gwendolyn Turner LOCATION: 2226 Hazel Avenue EXISTING ZONING: RM -H (Residential Multiple Family Dwelling - Highest Density) District PROPERTY SIZE: —0.16 acres EXISTING LAND USES: Vacant Residential FLOOD HAZARD ZONE: X — Area determined to be outside the 500 year flood plain SURROUNDING LAND USES: SURROUNDING ZONING: NORTH: Residential RM -H (Residential Multiple Family Dwelling - Highest Density) District EAST: Multi -Family RM -H SOUTH: Residential RS (Residential Single Family Dwelling) WEST: Residential RM -H COMPREHENSIVE PLAN: STREETS: W:7_�1��[�`l�i WATER: SANITARY SEWER SERVICE: PROPERTY OWNERS NOTIFIED HOFFPAUIR MARCIE K BYERLYJESSICA BRAMBLE ROXANNE N BUEHRLE PATSY COOPER DARRELLA TALLEY MICHAEL FEDERAL NATIONAL MORTGAGE. ASSN BROUSSARD BRIAN KEITH O'NEIL CYNTHIA F FINICALTONYA ELLIS ORA ESTATE HOBSON HERSCHEL L ET UX DOTY ROY R & AUDREY J DEUTSCHE BANK NATIONAL TRUST JEPSON BARRY & MARY DELL BEAUMONT ISD PLATINUM PROSPECT LTD SESMAS MACEDONIA ALBARRAN BROUSSARD BRIAN & CULLEN SMITH INVESTMENTS LLC WILLIAMS VANESSA TURNER NORRIS & GWENDOLYN COLORADO RIVER PROPERTIES LLC OLD TOWN INVESTORS JORDAN JOE JACKSON TRUST WILLIAMS DONALD LEWIS MARK & SUZANNE S JORDAN RALPH & VIRGINIA FERNANDEZ GREGORY & CAROLYN JONES PAUL Stable Area Hazel Avenue: Local street with 60' right-of-way and 30' pavement width. Curb and gutter 2" Water line 6" Sanitary Sewer line ORDINANCE NO. ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A LAW OFFICE IN AN RM -H (RESIDENTIAL MULTIPLE FAMILY DWELLING - HIGHEST DENSITY) DISTRICT AT 2226 HAZEL AVENUE IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS, Audwin M. Samuel has applied for a specific use permit to allow a law office in an RM -H (Residential Multiple Family Dwelling - Highest Density) District at 2226 Hazel Avenue, being Lot 23 and the east 8' of Lot 22, Block 7, Averill Addition, Beaumont, Jefferson County, Texas, containing 0.16 acres, more or less, as shown on Exhibit 'A" attached hereto; and, WHEREAS, the Planning and Zoning Commission of the City of Beaumont considered the request and is recommending denial of a specific use permit to allow a law office in an RM -H (Residential Multiple Family Dwelling - Highest Density) District at 2226 Hazel Avenue; and, WHEREAS, the City Council is of the opinion that the issuance of such specific use permit is in the best interest of the City of Beaumont and its citizens; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this ordinance are hereby, in all things, approved and adopted; and, Section 1. That a specific use permit to allow a law office in an RM -H (Residential Multiple Family Dwelling - Highest Density) District at 2226 Hazel Avenue, being Lot 23 and the east 8' of Lot 22, Block 7, Averill Addition, Beaumont, Jefferson, County, Texas, containing 0.16 acres, more or less as shown on Exhibit "A" is hereby granted to Audwin M. Samuel, his legal representatives, successors and assigns, as shown on Exhibit "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 "B" and made a part hereof for all purposes. Section 3. Notwithstanding the site plan attached hereto, the use of the property herein above described shall be in all other respects subject to all of the applicable regulations contained in Chapter 28 of the Code of Ordinances of Beaumont, Texas, as amended, as well as comply with any and all federal, state and local statutes, regulations or ordinances which may apply. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 30th day of June, 2015. - Mayor Becky Ames - 2233-P: A request for a Specific Use Permit to allow a law office in an RM -H idential-Multiple Family Dwelling -Highest Density) District. ition: 2226 Hazel Street t: Audwin M. Samuel 0 100_ 200 1 1 1 1 Feet EXHIBIT "A" � s s 1-7 5IS"