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PACKET FEB 28 2017
BEAUMONT TEXAS REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS FEBRUARY 28, 2017 1:30 P.M. CONSENT AGENDA Approval of minutes — February 21, 2017 Confirmation of committee appointments A) Authorize the settlement of the claim of Gregory Gallow B) Authorize the settlement of the lawsuit styled Vanessa Coleman, et al v. City of Beaumont, Beaumont Water District; No. E-198,302 C) Authorize the City Manager to execute a one year extension of the Fixed Base Operator contract at the Beaumont Municipal Airport to BMT Wings, LLC 0 TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tyrone E. Cooper, City Attorney MEETING DATE: February 28, 2017 REQUESTED ACTION: Council consider a resolution authorizing the settlement of the claim of Gregory Gallow. BACKGROUND This matter was presented and discussed in Executive Session held on February 14, 2017. The City Attorney is requesting authority to settle this claim in the amount of $30,000.00. FUNDING SOURCE General Liability Fund. RECOMMENDATION Approval of resolution. RESOLUTION NO. WHEREAS, the claim of Gregory Gallow was discussed in Executive Session properly called and held Tuesday, February 14, 2017; and, WHEREAS, the City Attorney is requesting authority to settle this claim; and, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT the City Attorney be, and he is hereby, authorized to settle the claim of Gregory Gallow for the sum of Thirty Thousand and XX/100 Dollars ($30,000.00); and, BE IT FURTHER RESOLVED THAT the City Manager be and he is hereby authorized to execute all documents related to settlement of the claim. - PASSED BY THE CITY COUNCIL of the City of Beaumont this the 28th day of February, 2017. - Mayor Becky Ames - BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tyrone E. Cooper, City Attorney MEETING DATE: February 28, 2017 REQUESTED ACTION: Council consider a resolution authorizing the settlement of the lawsuit styled Vanessa Coleman, et al v. City of Beaumont Beaumont Water District; No. E-198,302. BACKGROUND The lawsuit styled Vanessa Coleman, et al v. City of Beaumont, Beaumont Water District; No. E-198,302, was presented and discussed in Executive Session held on February 21, 2017. The City Attorney is requesting authority to settle this suit in the amount of $77,000.00. FUNDING SOURCE General Liability Fund. RECOMMENDATION Approval of resolution. RESOLUTION NO. WHEREAS, the lawsuit styled Vanessa Coleman et al v. City of Beaumont, Beaumont Water District; Cause No. E-198,302, was discussed in Executive Session properly called and held Tuesday, February 21, 2017; and, WHEREAS, the City Attorney is requesting authority to settle this lawsuit; and, WHEREAS, the City Council has considered the merits of the request and is of the opinion that it is in the best interest of the City to settle the lawsuit; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT the City Attorney be, and he is hereby, authorized to settle the lawsuit styled Vanessa Coleman et al v City of Beaumont Beaumont Water District; Cause No. E-198,302, for the sum of Seventy -Seven Thousand and XXI100 Dollars ($77,000.00); and, BE IT FURTHER RESOLVED THAT the City Manager be and he is hereby authorized to execute all documents related to settlement of the lawsuit. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 28th day of February, 2017. - Mayor Becky Ames - C BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Dr. Joseph Majdalani, P.E., Public Works Director MEETING DATE: February 28, 2017 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to execute a one (1) year extension of the Fixed Base Operator (FBO) contract at the Beaumont Municipal Airport to BMT Wings, LLC. BACKGROUND In a letter dated October 30, 2015, Mr. Gary Giarraputo, who was holding the Fixed Base Operator's (FBO) lease agreement at the time, requested that the lease held by Beaumont Wings, Inc., which expires March 31, 2017 be reassigned to BMT Wings, LLC, owned by Joseph P. Arena and Joseph A. Arena, Jr. On December 15, 2015, by Resolution No. 15-286, City Council approved the Assignment and Assumption Agreement with Beaumont Wings, Inc., and BMT Wings, LLC, which from that date made BMT Wings, LLC the new Fixed Base Operator (FBO) at the Beaumont Municipal Airport. The proposed one (1) year Fixed Base Operator (FBO) contract with BMT Wings, LLC, will expire on March 31, 2018. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of resolution. RESOLUTION NO. 15-286 WHEREAS, on January 25, 2000, City Council of the City of Beaumont, Texas approved Resolution No. 00-031 authorizing the City Manger to execute a Fixed Base Operator's (FBO) lease contract approving the sale of Beaumont Wings, Inc. to Gary Giarraputo; and, WHEREAS, Gary Giarraputo, as owner of Beaumont Wings, Inc., has requested the assignment of the FBO lease contract to BMT Wings, LLC; and, WHEREAS, BMT Wings, LLC will assume and fulfill all obligations, responsibilities, terms and conditions under the FBO lease contract between the City of Beaumont and Beaumont Wings, Inc. dated August 14, 2006, which primary term will expire on March 31, 2017; and, WHEREAS, Beaumont Wings, Inc. will be released from its obligation to the City and the City will be released of its obligations to Beaumont Wings, Inc. upon execution of the Assignment and Assumption Agreement of the current FBO lease contract to BMT Wings, LLC; and, WHEREAS, City Council is of the opinion that the FBO lease contract with Beaumont Wings, Inc. should be assigned to BMT Wings, LLC, as shown on Exhibit',A," attached hereto; 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 an Assignment and Assumption Agreement with Beaumont Wings, Inc. and BMT Wings, LLC, for the purposes described herein, PASSED BY THE CITY COUNCIL of the City of Beaumont this the 15th day of December, 2015. —lgF�MO '�t1 C IV LIJ i� SCS RESOLUTION NO. , BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Council hereby approves the sale of Beaumont Wings, Inc. to Gary Giarraputo; and, BE IT FURTHER RESOLVED that the City Manager be and is hereby authorized to execute an assignment agreement substantially in the form attached hereto as Exhibit "A." PASSED BY THE CITY COUNCIL of the City of Beaumont this theme' -day of -� 12000. - Mayor - RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to execute a one (1) year extension to the Fixed Base Operator (FBO) Lease Agreement with BMT Wings, LLC. The amendment is substantially in the form attached hereto as Exhibit "A" and made a part hereof for all purposes. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 28th day of February, 2017. - Mayor Becky Ames - STATE OF TEXAS § COUNTY OF JEFFERSON § KNOW ALL MEN BY THESE PRESENTS: LEASE AGREEMENT THIS LEASE AGREEMENT is made this day of , 20 between the City of Beaumont, Texas, (hereinafter called "City" or "Lessor") and BMT Wings LLC., a Texas Limited Liability Company organized and existing under the laws of the State of Texas and authorized to do business in the State of Texas (hereinafter called "Lessee"). WHEREAS, the City of Beaumont and BMT Wings LLC., are involved in a contract which expires on or about March 31, 2017; and, WHEREAS, Lessor and Lessee wish to extend such contract; and, WHEREAS, the current agreement is contained in several documents which the parties wish to condense into one document; NOW, THEREFORE, in consideration of the mutual covenants and considerations herein contained, the Lessor and Lessee therefore agree to the following: 1.0. LEASED PREMISES. The term "Leased Premises," as used in this Agreement, shall include at Beaumont Municipal Airport, in Jefferson, County, only those properties as shown on the attached Exhibits "B," "C" and "D;" and further limited as follows: 1.1. Terminal Building Office Space (Exhibit "B") 1.2. North Hangar/Office Building (Exhibit "C") 1.3. Fuel Storage Farm (Exhibit "C") I r f'Z7 EXHIBIT "A" 1.4. South Hangar Building (Exhibit "D") 1.4.1. Facility to be leased on an "as is basis." 2.0. OBJECTIVES AND PURPOSE OF LEASE. 2.1. Use of Leased Premises. Lessee shall use the Leased Premises for the conduct of Lessee's business at the Airport and for no other purpose. Lessee shall comply with the Minimum Standards and Requirements for the Conduct of Commercial Aeronautical Services and Activities of the City (hereinafter called "Minimum Standards"), which are attached hereto as Exhibit "E," and made a part hereof, for FBO services, including, but not limited to those services stated below, in consideration of this lease agreement. 2.1.1. Aircraft Line Services; 2.1.2. Flight Instruction and Training; 2.1.3. Aircraft Airframe and Engine Repair, and Maintenance; 2.1.4. Ramp Parking and Tie -Down. Leased Premises may also be used in providing "Specialized Aviation Operations," in compliance with and defined by the City's Minimum Standards. 2.2. Prohibited Uses. The following activities are expressly prohibited: 2.2.1. Automobiles and trucks are prohibited from parking on the ramp, except for fuel trucks. However, this shall not be interpreted to prohibit cars and trucks from being on the ramp for the purpose of loading and unloading aircraft. 2 of 32 2.2.2. Lessee shall not conduct any commercial activity on the Airport not defined in the Minimum Standards, without prior written consent from City. 2.2.3. Lessee shall not use Leased Premises for any illegal acts. 2.2.4. Lessee shall not, in any manner, restrict access or use of public facilities by improvements or operation of its Leased Premises. 2.2.5. It is agreed by the parties hereto that the sale of beer, wine and other liquors is prohibited on said premises. 3.0. ALTERATIONS OR REPAIRS TO LEASED PREMISES. Lessee shall not construct, install, remove, and/or modify any of the buildings or premises leased hereunder without prior written approval of the City. All improvements must be made in compliance with all City of Beaumont codes. In the event that Lessee makes improvements or alterations to or on the Leased Premises, the use thereof shall be enjoyed by Lessee during the term hereof without the additional rental therefore, but such additions, alterations or improvements shall become the property of the City upon the completion of the term. 4.0. TERM OF AGREEMENT. 4.1. The primary term of this agreement shall be one (1) year, subject to a reopener on rental, as set out herein, beginning , 2017. One (1) month prior to the end of the primary term, one (1) year agreement, the City will determine whether an extension of an additional one (1) year will be granted. Any 3 of 32 extension must be in writing and signed by both parties. Lessee further agrees that upon the expiration of the term or extension of this Agreement or sooner cancellation thereof, the Leased Premises will be delivered to City in good condition, reasonable wear and tear excepted. Reasonable wear and tear shall be determined at the sole discretion of City upon inspection of the Leased Premises from time to time. 5.0. RENTALS, FEES AND RECORDS. 5.1. Rentals for Leased Premises. During the term hereof, lessee shall pay rent to City in the amount of $1,000.00 (ONE THOUSAND DOLLARS) monthly. The foregoing rentals shall be payable in equal monthly installments in advance, on or before the tenth (10th) business day of each calendar month of the term, at the City. 5.2. Fuel Flowage Fee. During the term hereof, Lessee shall pay to City the herein provided fees per gallon of fuel delivered into aircraft. Payment shall be remitted to City on or before the tenth (10th) business day following the calendar month delivered. 5.2.1. $.02 per gallon for first 8,000 gallons each month. 5.2.2. $.03 per gallon for second 8,000 gallons each month. 5.2.3. $.05 per gallon for third 8,000 gallons each month and every gallon thereafter. 5.3. Audit and Financial Regulations. The City shall have the right through its agents and employees to audit and 4 of 32 examine at all reasonable times, the Lessee's books and financial and operational records which may be reasonably required by the City in order to enforce the terms of this agreement or to evaluate the Lessee's performance thereof. Financial records will be maintained with such adequacy so as to allow identification of the source of all revenue related to this agreement. 5.4. Delinquent Rentals and Fees. There shall be added to all sums due City and unpaid, as may be established by City, an interest charge of one and one-half percent (1%%) of the principal sum for each full calendar month of delinquency computed as simple interest. No interest shall be charged upon that portion of any debt which, in good faith, is in dispute. No interest shall be charged upon any account until payment is thirty (30) days overdue. 6.0. OBLIGATIONS OF LESSEE. 6.1. Contract Administration. It is understood that City presently has contracts for mowing and maintenance on portions of the Leased Premises. If requested by Lessor, Lessee agrees to oversee such contracts and assure compliance with the terms of such contracts. If Lessee is unable to obtain compliance, Lessee agrees to immediately notify City of such deficiency and coordinate with the City in obtaining compliance. 6.2. Maintenance and Operation (General). Lessee shall maintain the Leased Premises at all times in a safe, neat and attractive condition, and shall not permit the accumulation of any trash, paper, or 5 of 32 debris on the Airport premises. Lessee shall repair or reimburse City for all damages to the Leased Premises caused by its employees, patrons, or its operation thereon; shall be totally responsible for the maintenance and repair of any new building constructed by Lessee, unless otherwise specified in writing. Lessee shall be responsible for and perform maintenance to Leased Premises including, but not limited to: 6.2.1. For Leased Premises, Lessee shall provide janitorial services, supplies, window washing, interior painting and replacement of light bulbs. 6.2.2. Cleaning of stoppages in plumbing fixtures and drain lines. 6.2.3. Lessee shall perform all maintenance on Lessee -constructed structures, pavement, and equipment. 6.2.4. Lessee shall advise City and obtain City's consent in writing before making changes involving structural changes to Leased Premises, modifications or additions to plumbing, electrical or other utilities. 6.2.5. Lessee is responsible for maintaining electric loads within the designed capacity of the system. Prior to any change desired by Lessee in the electrical loading which would exceed such capacity, written consent shall be obtained from the City. 6.2.6. Lessee shall maintain pumps, meters, hoses and nozzles associated with the distribution of fuel into fuel truck or aircraft. City, at its discretion, shall be the sole judge of the quality of maintenance, as 6 of 32 specified in this agreement; and Lessee, upon written notice by City to Lessee, shall be required to perform the maintenance deemed necessary. If said maintenance is not undertaken by Lessee within thirty (30) days after receipt of written notice, City shall have the right to enter upon the Leased Premises and perform the necessary maintenance, the cost of which shall be borne by Lessee. No waste shall be committed or damage done to the property of the City. 6.3. Utilities. Lessee shall assume and pay for all costs or charges for utility service furnished to Lessee during the term hereof; provided, however, that Lessee shall have the right to connect to any and all storm and sanitary sewer and water and utility outlets at its own cost and expense; and Lessee shall pay for any and all service charges incurred therefore. Utility cost for the Terminal Building office space, excluding telephone service, shall be the responsibility of City. 6.4. Trash, Garbage, Etc. Lessee shall pick up and provide for a complete and proper arrangement for the adequate sanitary handling and disposal, away from the Airport, of all trash, garbage, and other refuse caused as a result of the operation of its business. Lessee shall provide and use suitable covered receptacles for all such garbage, trash, and other refuse. Piling of boxes, cartons, barrels, pallets, debris, or similar items in an unattractive or unsafe manner on or about the Leased Premises shall not be permitted. No oils, greases, detergents, or other insoluble substance shall be placed in the sewage or drainage systems or on the ground. All local, state, and federal laws, 7 of 32 regulations, and ordinances governing the disposal of waste materials shall be complied with by the Lessee. 6.5. Signs. Lessee shall not erect, maintain, or display upon the outside of Leased Premises any billboards, or advertising signs; provided, however, Lessee may maintain on the outside of said buildings, its own name(s), and services on signs, the size, location and design of which shall be subject to prior written approval by City. 6.6. Discrimination. The Lessee, in the operation to be conducted pursuant to the provisions of this Agreement and otherwise, shall not discriminate against any person or group of persons in any manner prohibited by Part 15 of the Federal Aviation Regulations or any amendments thereto. The Lessee, for himself, his heirs, personal representatives, successors, and assignees, does hereby covenant and agree to maintain and operate all facilities and services authorized hereunder in compliance with all the requirements imposed pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination of Federally Assisted Programs of the Department of Transportation, effectuation of Title 6 of the Civil Rights Act of 1964, City of Beaumont Minority Business Enterprise Program as outlined in the Minority Business Utilization Commitment (Exhibit "F"), and as said regulations may be amended. In the event of breach of any of the above discrimination covenants, City shall have the right to terminate this Agreement and to re-enter and repossess said land and the facilities thereon, and to hold the same as if this Agreement had never 8 of 32 been made or issued. The Lessee, for himself, his personal representatives, successors in interest, and assignees does hereby covenant and agree that (1) no person, on the grounds of race, sex, color, or national origin, shall be excluded from participation, denied the benefits of or be otherwise subjected to discrimination in the use of said facilities, (2) that in the construction of any improvements on, over and under such land and the furnishing of services thereon, no person, on the grounds of race, sex, color, or national origin, shall be excluded from participation in or denied the benefits of such improvements or services, or otherwise be subjected to discrimination: and (3) that Lessee shall use the premises in compliance with all other requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally Assisted Programs of the Department of Transportation, effectuation of Title V of the Civil Rights Act of 1964, and as said regulations may be amended. In the event of breach of the above nondiscrimination covenants herein, City shall have the right to terminate this Agreement, and to re- enter and to repossess said premises and hold the same as if this Agreement had never been made or issued. The Lessee, in exercising any of the rights or privileges herein granted to it, shall not, on the grounds of race, color, or national origin, discriminate or permit discrimination against any person or group of persons in any manner prohibited by Part 21 of the Regulations of the Secretary of Transportation. The Lessee is hereby granted the right to take such action, anything to the contrary herein notwithstanding, as the United States may direct to enforce this nondiscrimination 9 of 32 covenant. With respect to the Leased Premises, Lessee agrees to furnish services on a fair, equal and not unjustly discriminatory basis to all users thereof, and to charge fair, reasonable and not unjustly discriminatory prices for each unit of service; provided, that the Lessee may be allowed to make reasonable and nondiscriminatory discounts, rebates, or other similar types of price reductions to volume purchasers. 6.7. Affirmative Action. With respect to the Leased Premises, the Lessee assures that it will undertake an affirmative action program as required by 14 CFR Part 152, Subpart E, to insure that no person shall, on the grounds of race, creed, color, national origin, or sex, be excluded from participating in any employment activities covered in 14 CFR, Part 152, Subpart E. The Lessee assures that no person shall be excluded on these grounds from participating in or receiving the services or benefits of any program or activity covered by this subpart. The lessee assures that it will require that its covered sub -organizations provide assurances to the Lessee that they similarly will undertake affirmative action programs and that they will require assurances from their sub -organizations, as required by 14 CFR, Part 152, Subpart E, to the same effect. 7.0. OBLIGATIONS OF CITY. 7.1. Operations as a Public Airport. City covenants and agrees that it will operate and maintain the Airport facilities, as 10 of 32 defined herein above, as a public airport consistent with and pursuant to the Sponsor' Assurances given by the City to the United States Government under the Federal Airport Act. 7.2. Ingress and Egress. Upon paying the rental hereunder and performing the covenants of this Agreement, Lessee shall have the right of ingress to and egress from the Leased Premises for the Lessee, its officers, employees, agents, servants, customers, vendors, suppliers, patrons, and invitees over the roadways servicing the Leased Premises. 7.3. Maintenance of Leased Premises. 7.3.1. All maintenance, other than that described as Obligations of Lessee in 6.2 or in Section 12 hereof, shall be provided by City. 7.3.2. South Hangar Building is included in Leased Premises on an "as is basis." City shall make no claim as to when, if any, repairs or improvements will be made. City shall retain the right to determine need for and ability to provide repairs, maintenance or improvements. 7.4 Management of T -Hangars. 7.4.1 Management of T -Hangars shall be the responsibility of the City. 8.0. CITY'S RESERVATIONS. 8.1. Improvements, Relocation, or Removal of Structures. City, at its sole discretion, reserves the right to further develop or improve the 11 of 32 aircraft operation area and other portions of the Airport, including the right to remove or relocate any structure on the Airport, as it sees fit, and to take any action it considers necessary to protect the aerial approaches of the Airport against obstructions, together with the right to prevent Lessee from erecting or permitting to be erected, any buildings or other structure on the Airport which, in the opinion of City would limit the usefulness of the Airport or constitute a hazard to aircraft. 8.2. Inspection of Leased Premises. City, through its duly authorized agent, shall have, at any reasonable time, the full and unrestricted right to enter the Leased Premises for the purpose of periodic inspection for fire protection, maintenance and to investigate compliance with the terms of this Agreement. 8.3. Subordination to U.S. Government. This Agreement shall be subordinate to the provisions of any existing or future agreement(s) between the City and the United States, relative to the operation and maintenance of the Airport, the terms and execution of which have been or may be required as a condition precedent to the expenditure or reimbursement to City for federal funds for the development of the Airport. 8.4. War or National Emergency. During the time of war or national emergency, City shall have the right to lease the Airport or any part thereof to the United States government for military use, and, if any such lease is executed, the provisions of this Agreement, insofar as they are inconsistent with the lease to the Government, shall be suspended and, in that event, a just and proportionate part of the rent hereunder shall be abated. 12 of 32 9.0. INDEMNITY AND INSURANC 9.1. Indemnification. Lessee shall indemnify, defend, and hold harmless City, its officers, agents and employees from any and all liabilities, claims, demands, actions, losses, damages and costs, including all costs of defense thereof, caused by or arising out of, or in any way related to Lessee's use or occupancy of the Leased Premises or occurring on the Leased Premises during the term of the lease or any time of occupancy of the premises by inverse condemnation, and including claims, liabilities and actions based upon acts, omissions or negligence of the City, its officers, agents, and employees. Upon demand, Lessee shall, at its own expense, defend City, its officers, agents, and employees against any and all liabilities, claims, demands, actions, losses, damages and costs. 9.2. Insurance Coverages. Insurance coverage shall be provided and paid for by the Lessee in the following amounts with the City and all other personnel as additional insured. A Certificate of Insurance or a copy of the insurance policies involved will be furnished to the City and ten (10) days advance written notice of any change to any policy or cancellation of any policy shall be given to the City. The City shall retain the right to waive any insurance requirements or limits. 9.2.1. Aircraft Liability: Bodily Injury (Each Accident) $250,000.00 each person 13 of 32 $500,000.00 more than one person Property Damage $100,000 each accident 9.2.2. Comprehensive Public Liability and Property Damage, Including Contractual Liability: Bodily Injury $300,000.00 each accident Property Damage $100,000.00 each accident Broad form liability endorsement form G222 shall be included. 9.2.3. Hangar Keeper's Liability: $250,000.00 each accident 9.2.4. Products and Completed Operations: $300,000 Bodily Injury $100,000 Property Damage 9.2.5. Student and Renter's Liability: $25,000 per accident excluding passengers 9.2.6. Motor Vehicle Liability: Bodily Injury (Each Accident) $250,000.00 each person $500,000 per occurrence Property damage $100,000.00 each accident 14 of 32 9.2.7. Worker's Compensation and Employer's Liability: Up to Statutory limit 9.2.8. Should any insurance required by this Agreement lapse, the Lessee shall immediately cease all operations at the Airport as of the time and date of such lapse, and shall not resume any operations until authorized in writing by the City. If the lapse period extends fifteen (15) days, the Agreement may be terminated and the Lessee shall be in breach of this Agreement. 9.2.9. Should the City receive notices of insurance cancellation three (3) or more times within a twenty-four (24) month period, the City may cancel this Agreement. 10.0. TERMINATION. 10.1. Termination by City. The City, besides all other rights or remedies it may have, shall have the right to terminate this Agreement upon fifteen (15) days written notice from the City to the Lessee of its election to do so and shall have the right of re-entry and may remove all persons and property from the premises and may store such property at a public warehouse or elsewhere at the expense of and for the account of the Lessee if the Lessee abandons the premises or breaches this Agreement, including the following: 10.1.1. By failing to pay insurance premiums, liens, claims, or other charges. 10.1.2. By failing to pay any payments due the City, State, or Federal Government from the Lessee or its principals, including, but not limited to, payments identified in this Agreement or any taxes, fees, assessments, or liens. 10.1.3. By assigning or subletting the Leased Premises without consent of the City. 10.1.4. On the institution of voluntary or involuntary bankruptcy proceeding against the Lessee. 10.1.5. By death of the Lessee, or dissolution of the Lessee's firm or business. 10.1.6. By violation of any provision of the Agreement identified as a covenant on the part of the Lessee. 10.1.7. By the abandonment of the premises or any portion thereof and discontinuance of the Lessee's operations, or any portion thereof. Should this occur, the City shall not be responsible for the custodial protection of merchandise, fixtures, or equipment abandoned, even though it is necessary for the City to remove the same from the Airport for storage or disposal. 10.1.8. In the event of the need for the Airport by the City for purposes of national defense. 10.1.9. In the event the Airport is no longer operated as an aeronautical facility. 10.2. Termination by Lessee. 16 of 32 The Lessee, besides all other rights or remedies it may have, shall have the right to terminate this Agreement upon fifteen (15) days written notice of its election to do so if the City breaches this Agreement, including failure to pay the Lessee amounts due under terms of this Agreement after the expiration of a thirty (30) day period following notice of payment due is given by the Lessee. Lessee does not have the right to terminate this Agreement because of the City's failure to pay any amount which, in good faith, is in dispute. 10.3. Rights After Termination. In the event of termination for default for unsatisfactory performance by the Lessee, the City shall have the right (unless otherwise specified in the termination notice), at once and without further notice to the Lessee, to enter and take possession of vehicles, equipment, supplies, or any premises occupied by the Lessee, by force or otherwise, and expel, oust and remove any and all parties who occupy any portion of the premises of the Airport covered by this Agreement, and any and all goods and chattels belonging to the Lessee or his associates which may be found in or upon same without being liable for prosecution or to any claim for damages therefor. Upon such termination by the City, all rights, powers and privileges of the Lessee shall cease, and the Lessee shall immediately vacate any and all space occupied by the Lessee under this Agreement, and shall make no claim of any kind whatsoever against the City, its agents or representatives by reason of such termination or any act incident thereto. 11.0. ASSIGNMENT AND SUBLETTING. 17 of 32 11.1. Successors and Assignment. Lessee shall not assign this Agreement or any part thereof in any manner whatsoever or assign any of the privileges recited herein without the prior written consent of City. In the event of such assignment, Lessee shall remain liable to City for the remainder of the term of the Agreement to pay to City any portion of the rental and fees or damages, as provided for herein, upon failure of the assignee to pay the same when due. All covenants, stipulations and provisions in the Agreement to be entered into shall extend to and bind the legal representative, successors and assigns. Said assignee shall not assign said Agreement except with the prior written approval of the City and the Lessee herein, and any assignment by the Lessee shall contain a clause to this effect. 11.2. Subletting. The Lessee may rent or sublease the Leased Premises or portions thereof for the purpose of providing space to meet the required services as stated herein, but shall be required to obtain prior written permission from the City. Lessee shall not rent or sublease all or any part of such premises or the improvements located thereon for any non -airport aviation activity or other purpose without the prior written consent of the City. Subleases shall be subject to all of the conditions and provisions to which the Lessee is bound under terms of this Agreement. 12.0 PROVISIONS FOR AIRPORT GROUNDS/FACILITY MAINTENANCE: In addition to its general maintenance obligations contained in Section 6, Lessee further agrees as follows: 18 of 32 12.1. GRASS CUTTING: The Lessee shall maintain grass heights in airport areas as indicated in Exhibit "A." It shall be the responsibility of the Lessee to assure that grass heights do not exceed those indicated in Exhibit "A," and that grass is maintained on airport property to the edge of the Keith Road pavement, including all ditches on or surrounding airport property, except as provided for herein. 12.2. METHOD: The Lessee may not kill grass or any other plant life without specific written approval from the City Manager or his designee. It is not intended that the maximum grass heights be maintained through killing of plant life. Maximum grass heights may be maintained through mowing or in conjunction with chemical spraying as approved. 12.3. CULTIVATION: The Lessee shall only be required to cultivate plant growth in the indicated areas on Exhibit "A." Such cultivation shall be performed as necessary to maintain plant life and a pleasing appearance through watering. fertilizing, weeding, and other measures as necessary. All lawn areas, areas with a maximum grass height of two (2) inches, shall be mowed weekly from April1st through September 30th at 1 3/4" to 2" heights. All clippings from lawn areas shall be removed. Lawn perimeters along walks, curbs, parking lots and gutters are to be edged to maintain a crisp, clean appearance. Clean up will include removing grass clippings from walks, curbs and pavings. Grass around signs, fence lines, trees, poles and other obstacles shall be removed by monofilament trimming. The Lessor shall furnish necessary water for these areas. The Lessee shall be responsible for all other equipment, materials, and supplies for such cultivation. 19 of 32 12.4. CHEMICALS: Any chemicals to be used for the purpose of fertilization, killing, or reducing the growth of plants, or for insect or pest control may not be used without the specific written approval of the City Manager or his designee. Prior to any application of such substances, Lessee must submit to City each substances' Material Safety Data Sheet. It shall be the responsibility of the Lessee to use or apply all chemicals with due care and according to manufacturer's specifications and any applicable laws. 12.5. LANDSCAPING: Landscaped areas near the main terminal building of the airport shall be maintained in a neat and pleasant appearance. Shrub hedges, ground covers and vines shall be pruned according to recommended horticultural practices. Vines and ground cover shall be trimmed back away from building to eliminate growth through walls. Weed and grass control in beds shall Include hand pulling and cultivating to maintain a loose, aerated top layer. Bed edges are to be kept clean and well defined. Replacement of any landscaping shall be at the expense of the Lessee. The Lessor reserves the right to install additional landscaping at the airport at its own expense, with maintenance to be the responsibility of the Lessee. 12.6. SWEEPING: The Lessee shall provide sweeping to keep all paved areas reasonably free of debris. All walks shall be swept weekly and debris removed from the site. Paved areas inside hangars are not included. Particular attention shall be given to runways and taxiways due to the increased potential of property damage in such areas. All debris, rocks, mud and trash tracked in, thrown or dislodged onto runways taxiways or aprons while providing the services required in the performance of this agreement shall be removed immediately. Sweeping of entire runway, taxiways, and apron shall be provided at least once each six (6) months. 20 of 32 12.7. DEBRIS: It shall be the responsibility of the Lessee to keep the airport reasonably free of debris, including any necessary hauling to approved disposal sites, in accordance with all applicable laws. 12.8. LIGHTS: The Lessee shall remove all aggregate from around runway and taxiway lighting. Lessee shall prevent or limit vegetation growth within a one (1) foot radius around fixtures to two (2) Inches In height. The Lessee shall provide maintenance of the runway, taxiway, VASI, and Wind -T lighting systems as listed below. Because time is of the essence in replacing such fixtures, Lessee shall promptly make all repairs. 12.8.1. Replace light bulbs as required. 12.8.2. Replace fixture globes as required. 12.8.3. Insure proper fit of all fixture components. 12.8.4. Shall record and report to the City lights which required operational repairs. 12.8.5. Shall record, report and make issuance of NOTAM's to appropriate governmental agency and to City of conditions affecting the safety of airport operations. 12.8.6. Furnish labor and materials to ensure that the lights' concrete bases are kept level with the surrounding ground. Bulbs and globes for runway and taxiway lighting shall be furnished to the Lessee on an as needed basis by the Lessor. Any loss of material inventory shall be the responsibility of the Lessee and may be deducted from monthly payments. 12.9 CUSTODIAL SERVICE: The Lessee shall provide custodial services in the main terminal building including, but not limited to, cleaning floors, windows, glass structures, restrooms, walls, furnishings, and other facilities. Restrooms shall be cleaned on a daily basis as required by their usage. In 21 of 32 addition, disposal of debris and other custodial services shall be performed by the Contractor as necessary to maintain a safe and pleasing environment as defined by Lessee. Custodial service shall include providing cleaning and other supplies such as soap, toilet paper, hand towels, and dispensing units for such, all as necessary for efficient operation of the building. Custodial inspections and necessary services shall be performed by the Lessee seven (7) days per week. 12.10 FACILITY MAINTENANCE AND REPAIR: Lessee shall make adjustments to and the Lessor shall maintain and repair as necessary T -hangars, Wind - T, fences, and other operational, security, or safety features of the airport. Additionally, the Lessor shall maintain paved areas, such as runways, taxiways, aprons, parking areas, and driveways, sidewalks, and repair pavement markings. Lessee shall provide inspection of problems or hazards and report such findings to Lessor on a timely basis. 12.10.1. Maintenance replacement and providing of light bulbs for the exterior and interior of terminal building shall be the responsibility of the Lessee. 12.10.2. Lessee shall include in the maintenance of the turf runway proper painting and placement of turf runway markers. 12.11 INSPECTIONS: Lessee shall perform routine inspections of airport facilities as indicated on Exhibit "B," "Monthly Inspection and Maintenance Schedule." Lessee shall notify Lessor on a timely basis of any deficiencies or hazard incurred during inspection. A signed inspection report verifying the individual responsible for completion of such inspections shall be furnished to the Lessor on a monthly basis. 12.12 VENDING: The Lessee shall provide, through the Lessee's own company or outside vendors, coffee, soft drinks, and snacks. The Lessee shall 22 of 32 obtain any necessary permits and may retain any profits from vending. Vending shall be limited to the main terminal building snack area unless prior written approval is obtained from the City Manager or his designee. 12.13 FAA RULES AND REGULATIONS: All activities of the Lessee at the airport shall be in accordance with all applicable rules and regulations of the Federal Aviation Administration or other applicable agencies. 12.14 AREAS NOT INCLUDED: The Lessee shall not be responsible for maintenance or repair of any areas or facilities leased to other parties by the City of Beaumont. 12.15 PROMOTION: The Lessee shall promote the airport, the City of Beaumont, and aviation through courteous and positive interaction with all individuals, groups, organizations, agencies, and other parties using the airport facilities, or expressing an interest in the airport. This shall include an effort by the Lessee to schedule activities to maximize the value of the Beaumont Municipal Airport to the citizens of Beaumont. 12.16 HOURS: The Lessee shall not be required to provide maintenance personnel at the airport on a regular time schedule. However, the Contractor shall be available for service calls as necessary between the hours of 8:00 am. and 5:00 p.m., seven (7) days per week. 12.17 LIMITS ON FACILITY USE: The Lessee shall not use airport premises or facilities for activities, storage, etc., not specifically allowed herein without written approval of the City Manager or his designee. 12.18 RESPONSE TO REQUESTS: The Lessee shall respond to all requests for maintenance, repair, and investigation required by this agreement as soon as practical. In cases where the Lessee is required to perform services required by this agreement, such services shall be performed within twenty- four (24) hours following notice. For each working day or portion of a 23 of 32 working day in excess of the twenty-four hour completion requirement, the Lessor shall be subject to a penalty of twenty dollars ($20). Each request shall be subject to a separate penalty, and penalties may be deducted from any payments due to the Lessee from the Lessor. The City Manager or his designee may waive all or a portion of such penalties on a case-by-case basis as conditions merit. Failure of the Lessee to perform such services after seven (7) days notice or failure to pay such penalties after thirty (30) days notice may be considered a breach of contract by the Lessee at the option of the City Manager or his designee. 12.19 NOTICE OF HAZARDS: Should any hazard exist at the airport, regardless of the hazard source, the Lessee shall promptly notify the appropriate air flight service and the Lessor as soon as such hazard is noticed or brought to the attention of the Lessee. Notice of the City of Beaumont shall be to the City Manager or his designee or, in the City Manager's absence, to the Beaumont Fire or Police Department, as appropriate. All airport FBOs shall also be notified if open or, if not open, immediately upon opening for the FBO's next business day. Notices of any hazards shall also be placed on the airport bulletin board. 12.20 STORAGE AND OFFICE AREAS: The Lessee shall have access to the custodial storage area as identified in Exhibit "C" and hangar storage areas as identified in Exhibit "D" for purposes of conducting activities associated with this Agreement. The Lessee shall be responsible for maintenance of these areas. 12.20.1. The Contractor shall exercise due and prudent care in storage and use of any hazardous materials, fuels, herbicides, pesticides, etc., including security of such. Such materials must be stored in accordance with all applicable rules and regulations. 24 of 32 12.20.2. Maintenance and repair of equipment used by the Lessee in the performance of this contract shall be the responsibility of the Lessee. The Lessee shall avoid major maintenance and repair activities in public areas and, where practical, shall perform such activities in the identified storage areas or at locations not on the airport. 13.0. PROVISIONS FOR AGRICULTURAL ACTIVITIES. 13.1. AGRICULTURAL PURPOSE: The Lessor does hereby allow Lessee to establish and maintain a safe, effective, and efficient program for agricultural purposes at the airport. This program shall be restricted to grass, hay cutting, and for no other purpose without the written consent of the Lessor. 13.2. AGRICULTURAL AREA: Agricultural uses shall be restricted to areas described in Exhibit "A" as "Maximum Grass Heights -Thirty -Six Inches." Any dispute as to the boundary of said area shall be determined by the City Manager, whose decision shall be final. 13.3. OPERATIONAL REQUIREMENT: The Lessee shall take affirmative actions to provide safe operations for employees and airport users and visitors. The Contractor specifically covenants the following: 13.3.1. That it will never conduct any operation closer than three -hundred fifty (350) feet from runway centerline and three -hundred fifty (350) feet from runway ends or fifty (50) feet from taxiway centerlines. 13.3.2. To strictly abide by all restrictions on ingress and egress to its leased premises. 13.3.3. That it will never traverse a runway or taxiway without specific authority from the City Manager or his designee for that specific 25 of 32 crossing. 13.3.4. To allow no livestock on premises. 13.3.5. To raise or cultivate no crop that will lead to the infestation of birds. The opinion of the City Manager shall be final concerning whether a crop will lead to an infestation of birds. 13.3.6. To keep all farming equipment off and not to cross over paved service roads, runways, taxiways, and apron areas. 13.3.7. That it will not obstruct existing natural overland drainage or drainage ditches without specific, written permission from the City Manager or his designee. 13.3.8. The Lessee shall not be required to cultivate crops and may bale natural grasses or hay not requiring special farming operations such as irrigation. In the case of cultivated crops, the Contractor will keep fields clean at the end of the normal growing season and no crop shall be left in the field. 13.3.9. Crops or grasses shall not obstruct clear areas as required by Federal Aviation Administration rules or regulations. 13.4. LIEN: The Contractor hereby grants the City a security interest In the form of a landlord's lien to secure the payment of all rent that becomes due from the Contractor to the City under this agreement, including all crops grown on the airport and all proceeds from their sale. 13.5. FARMING ONLY: The Contractor shall use the premises for grass or hay cutting purposes only and for no other purpose without the written consent of the City Manager or his designee. 14.0. FACILITY DAMAGE: The Lessee shall be responsible for any damage to airport facilities, including, but not limited to, the runway and taxiway lighting; visual approach slope indicator lights; wind indicator, segmented circle, traffic pattern markers; and all other airport facilities. Because time is of the essence in qelre5illk1 a repairing such damaged facilities, the Contractor agrees and covenants that the Lessor may promptly repair or have repaired any such damaged facilities, and the Lessee shall promptly reimburse the Lessor for such repair. The necessity of such repairs, and the extent of such repairs, shall be determined by the City Manager, whose determination shall be final. At the option of the City Manager, the Lessee may be allowed to make such repairs to the satisfaction of Lessor. 15.0. MODIFICATIONS: Where changes to activities or areas included in this agreement are made, payments shall be adjusted in a pro rata manner. All modifications must be in writing. The City shall have the right to require modifications in scope of work. 16.0. LESSOR PROVISIONS OF LABOR, ETC.: Unless otherwise specifically indicated, the Lessor shall furnish all services supplies and equipment necessary to perform all activities and covenants of this Agreement. 17.0. MANAGEMENT RIGHTS OF LESSEE: The Lessee is authorized to notify and/or warn airport patrons who are violating the rules and regulations of the federal government, state or City of Beaumont regarding operations at the airport. Upon such notification of warning, Lessee shall notify the Lessor, as soon as practical, that such warning has been issued. The determination of the necessity of corrective action shall be solely that of the Lessor. Lessee shall take no active corrective action under this section without the written consent from the City Manager or his designee. 18.0. GENERAL PROVISIONS. 18.1. Co -Partnership Disclaimer. It is mutually understood and agreed that nothing in this Agreement is intended or 27 of 32 shall be construed as in any way creating or establishing the relationship of partners or co-partners between the parties hereto, or as constituting the Lessee as an agent or representative of the City for any purposes or in any manner whatsoever. 18.2. Non -Exclusive Rights. It is hereby specifically understood and agreed between the parties that nothing herein contained shall be construed as granting or authorizing the granting of exclusive rights to Lessee or others, as defined in Section 308 of the Federal Aviation Act of 1958, as amended. 18.3. Waivers. No waiver by either party of a breach by the other shall be construed or held to be a waiver by such party of any succeeding or preceding breach by the other party of the same or any covenant, condition, or restriction herein contained. 18.4. Modifications. Where changes to activities or areas included in this Agreement are made, such modifications must be in writing. The City shall have the right to require modifications in scope of work. 18.5. Lessee Inspection. The Lessee acknowledges its responsibility for inspecting of the Airport and the Leased Premises prior to signing of this Agreement and to inform itself regarding local conditions. 18.6. Lessee Provision of Labor, etc. Unless otherwise specifically indicated, the Lessee shall furnish all services, supplies, and equipment necessary to perform all activities and covenants of this Agreement. 18.7. Conditions Beyond Control. Neither the City nor the Lessee shall be required to perform any term, condition or 28 of 32 covenant of this Agreement so long as performance is delayed or prevented by force majeure, which shall mean acts of God, drought, floods, material or labor restrictions by any governmental authority, and any other cause not reasonably within the control of either party in which, by the exercise of due diligence, the City or Lessee is unable or in party to prevent or overcome. 18.8. Sale of Interest. The Lessee may not sell or assign all or part interest in activities of the Airport to another party or parties without written approval of the City of such sale or assignment. The City may require any records or financial statements necessary in its opinion to insure such sale or assignment will be in the best interest of the City. 18.9. Service Levels. Lessee and sublessees agree to conduct said business in a proper and courteous manner and to furnish good, prompt and efficient commercial aeronautical services at all times, and in compliance with City's Minimum Standards. 18.10. Aircraft Service by Owner or Operator of Aircraft. It is clearly understood and agreed by the Lessee that no right or privilege has been granted which would operate to prevent any person, firm or corporation operating aircraft on the Airport from performing any services on its own aircraft with its own regular employees, including, but not limited to, maintenance and repair that it may choose to perform. 18.11. Subordination. This Agreement shall be subordinate to the provisions of any existing or future agreement between City and the United States, relative to the operation or maintenance of the Airport, the execution of which has been or may be required as a condition precedent to the expenditure of federal funds for the development of the Airport. This subordination includes, but is not limited to, the right of the City, 29 of 32 during times of war or national emergency, to lease the landing area, or any part thereof, to the United States government for military or naval use and, if any such lease is executed, the provisions of this instrument, insofar as they are inconsistent with the provisions of the lease to the government, shall be suspended. 18.12. No -Sham Affidavit. All terms and conditions with respect to this lease are expressly contained herein, and the Lessee agrees that no representative or agent of the City has made any representation or promise with respect to this lease not expressly contained herein. 18.13. Compliance with Laws, etc. The Lessee shall at all times comply with the Airport Rules and Regulations, federal, state, and municipal laws, ordinances, codes, and other regulatory measures now in existence or as may be hereafter modified or amended, applicable to the specific type of operation contemplated by him. The Lessee shall procure and maintain during the term of the Agreement all licenses, permits, and other similar authorizations required for the conduct of his business operations. 18.14. Severability. If any term or provision of this lease shall, to any extent, be invalid or unenforceable, the remainder of this lease shall not be affected thereby and each other term and provision of this lease shall be valid and be enforced to the fullest extent permitted by law. 18.15. Binding Effect. This lease, including all of its covenants, terms, provisions, and conditions, shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, successors, and assigns. 18.16. Duty to be Reasonable. Wherever in this Agreement the City is to give its consent, approval or otherwise exercise discretion in judgment, such consent, approval or judgment shall not be 30 of 32 unreasonably exercised or unreasonably withheld. 18.17. Paragraph Headings. The paragraph headings contained herein are for convenience in reference and are not intended to define or limit the scope of any provision of this Agreement. 18.18. Notices. Whenever any notice or payment is required by this Agreement to be made, given or transmitted to the parties hereto, such notice or payment shall be enclosed in an envelope with sufficient postage attached to insure delivery and deposited in the United States Mail addressed to: Airport Management City of Beaumont P. O. Box 3827 Beaumont, Texas 77704; and notices, consents and approvals to Lessee addressed to: BMT Wings, LLC. 455 Keith Road Beaumont, Texas 77713; or such place as either party shall, by written directive, designate in the manner herein provided. Approvals and consents required herein may be given and executed by City Manager of City. 18.19. Exhibits. The Exhibits "A," "B," "C," "D," "E" and "F," attached hereto, are hereby made a part of this Agreement. 31 of 32 IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed as of the date first above mentioned at Beaumont, Texas. CITY OF BEAUMONT, TEXAS LESSEE Kyle Hayes BMT Wings, LLC. City Manager Joseph P. Arena Lessee ATTEST: LESSEE City Clerk BMT Wings, LLC. Joseph A. Arena, Jr. Lessee 32 of 32 BEAUMONT TEXAS REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS FEBRUARY 28, 2017 1:30 P.M. AGENDA CALL TO ORDER * Invocation Pledge Roll Call * Presentations and Recognition * Public Comment: Persons may speak on scheduled agenda items 7-10/Consent Agenda * Consent Agenda GENERAL BUSINESS 1. Consider a request to rezone property located at 5140 Wall Street from NC (Neighborhood Commercial) to GC -MD (General Commercial Multiple Family Dwelling) District 2. Consider a request to rezone property located at 7535 Highway 105 from RMH- (Residential Multiple Family Dwelling -Highest Density) to GC -MD (General Commercial -Multiple Family Dwelling) or a more restrictive zoning District 3. Consider a request for a rezoning from RM -H (Residential Multiple Family Dwelling - Highest Density) to RS (Residential Single Family Dwelling) District for an area located in the Oaks Historic District 4. Consider a request for a rezoning from A -R (Agricultural -Residential) and GC - MD -2 (General Commercial - Multiple Family Dwelling - 2) District to GC -MD -2 and RS (Residential Single Family Dwelling) Districts, and a Specific Use Permit to allow a retail shopping center with restaurants on the GC -MD -2 portion of the property 5. Consider a request for a Specific Use Permit to allow for the construction of a new storage building in an RCR (Residential Conservation Revitalization) District located at 3230 French Road 6. Consider a request to abandon a 100'x10' portion of the alley in Block 3, La Salle Addition, Beaumont, Jefferson County, Texas 7. Consider a resolution of support for the passage of legislation for the creation of a municipal management district within the boundaries of the City of Beaumont 8. Consider a resolution approving the award of a contract to Fleetcor Technologies Operating Company dba Fuelman, of Norcross, Georgia to supply fuel at automated City -owned fuel sites 9. Consider a resolution approving the award of a contract to Tri -Con of Beaumont to supply fuel at non -automated fuel sites 10. Consider a resolution authorizing the City Manager to execute Amendment No. 1 to the Local Transportation Project Advanced Funding Agreement with the Texas Department of Transportation (TxDOT) for the Dowlen Road Extension Project 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. I February 28, 2017 Consider a request to rezone property located at 5140 Wall Street from NC (Neighborhood Commercial) to GC -MD (General Commercial Multiple Family Dwelling) District BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Chris Boone, Planning & Community Development Director MEETING DATE: February 28, 2017 REQUESTED ACTION: Consider a request to rezone property located at 5140 Wall Street from NC (Neighborhood Commercial) to GC -MD (General Commercial Multiple Family Dwelling) District. BACKGROUND Charles Domingue would like to rezone his property at 5140 Wall Street, to allow the construction a building for housing his personal collection of classic vehicles. Surrounding zoning ranges from RS (Residential Single Family Dwelling) to HI (Heavy Industrial). Surrounding uses vary, but are primarily light industrial & industrial in nature, some being grandfathered. Due to the mixed uses of this area, the proposed zoning and parking facility would be compatible. At a Joint Public Hearing held on February 20, 2017, the Planning Commission recommended 6:0 to approve a request for a rezoning for property located at 5140 Wall Street, from NC (Neighborhood Commercial) to GC -MD (General Commercial Multiple Family Dwelling) District. FUNDING SOURCE Not applicable. RECOMMENDATIONS Approval of the ordinance. APPLICATION FOR AMENDMENT OF THE ZONING ORDINANCE BEAUMONT, TEXAS (Chapter 28, City Codes) TO: THE PLANNING COMMISSION AND CITY COUNCIL, CITY OF BEAUMONT, TEXAS APPLICANT'S NAME AND SM) APPLICANT'S PHONE #: - ( S u a"I FAX #: a " NAME OF OWNER: J �% ADDRESS OF OWNER: LOCATION OF PROPERTY: LEGAL DESCRIPTION OF PROPERTY: LOT NO. `� OR BLOCK NO. ADDITION 1J ti �e NUMBER OF ACRES 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 to be changed, and a complete legal field note description. CURRENT ZONING DISTRICT: N C - ZONING DISTRICT REQUESTED: C, M HAS THE REQUEST BEEN MADE BEFORE?_IF SO, DATE: ACTION SUBMIT A LETTER STATING REASONS FOR REQUEST. ATTACH THE APPROPRIATE APPLICATION FEE: LESS THAN 1/2 ACRE...........................................................$250.00 1/2 ACRE OR MORE AND LESS THAN 5 ACRES.............$450.00 5 ACRES OR MORE...............................................................$650.00 I HEREBY ACKNOWLEDGE THAT THE APPLICATION IS MADE FOR THE REQUESTED DISTRICT ORA MORE RESTRICTIVE T)TCTRT('T SIGNATURE OF APPLICANT: J DATE: ` 2 !SIGNATURE OF OWNER (IF NOT APPLICANT): PLEASE TYPE OR PRINT AND SUBMIT TO: PLANNING DIVISION, ROOM 201 CITY HALL, 801 MAIN STREET BEAUMONT, TX 77701 FILE NUMBER: P.O. BOX 3827 77704 DATE RECEIVED: (409) 880-3764 RECEIPT NUMBER: FAX (409) 880-3133 November 15, 2016 City of Beaumont Beaumont, Texas 77704 Attn: Zoning Committee I would like to submit this letter to obtain a specific use permit for lot 8-10 B12 Sunnyside, currently zoned NC, to build a 60 X 60 metal building. The use will be a parking facility for my personal and classic vehicles. It will be neutral in colors as to improve the look on Wall Street. I will use the current utilities on the property (water, gas and sewer) and the existing driveways. Drainage will remain the same going into the ditches in front of the property. The design of the building will use the existing setbacks to meet the current zoning requirements. Adequate measures will be met to control offensive odors, fumes, dust, noise and vibrations. Security lighting will be provided so as not to be offensive to surrounding neighbors. The proposed use of this building is in accordance to the Comprehensive Plan. I would like to wave the parking and landscaping requirements as the vehicles will be parked inside the building. Thank you for this consideration. Sincerely, Charles Domingue +ile 2276-Z: A request for a rezoning from NC (Neighborhood Commercial) to GC - General Commercial -Multiple Family Dwelling) or a more restrictive zoning District. applicant: Charles Domingue ,ocation: 5140 Wall Street 0 100 200 1 1 1 1 Feet ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING CHAPTER 28 OF THE CODE OF ORDINANCES OF BEAUMONT, TEXAS, AND IN PARTICULAR THE BOUNDARIES OF THE ZONING DISTRICTS, AS INDICATED UPON THE ZONING MAP OF BEAUMONT, TEXAS, BY CHANGING THE ZONING OF PROPERTY PRESENTLY ZONED NC (NEIGHBORHOOD COMMERCIAL) DISTRICT TO GC -MD (GENERAL COMMERCIAL -MULTIPLE FAMILY DWELLING) DISTRICT FOR PROPERTY LOCATED AT 5140 WALL STREET, BEAUMONT, JEFFERSON COUNTY, TEXAS;. PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That Chapter 28 of the Code of Ordinances of Beaumont, Texas, and in particular the boundaries of the zoning districts, as indicated upon the Zoning Map of the City of Beaumont, referred to in Section 28.01.005(b) thereof, is hereby amended by changing the zoning of property presently zoned NC (Neighborhood Commercial) District to GC -MD (General Commercial -Multiple Family Dwelling) District for property located at 5140 Wall Street, being Lots 8-10, Block 12, Sunnyside Addition, Beaumont, Jefferson County, Texas, containing 0.2583 acres, more or less, as shown on Exhibit "A," attached hereto, and the official zoning map of the City of Beaumont is hereby amended to reflect such changes. Section 2. That, in all other respects, the use of the property herein above described shall be subject to all of the applicable regulations of the underlying zoning district as well as those regulations contained in Chapter 28 of the Code of Ordinances of Beaumont, Texas, as amended. Ccrfinn 'I That if any section, subsection, sentence, clause of phrase of this ordinance, or the application of same to a particular set of persons or circumstances, should for any reason be held to be invalid, such invalidity shall not affect the remaining portions of this ordinance, and to such end, the various portions and provisions of this ordinance are declared to be severable. Section 4. That all ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only. Section 5. That any person who violates any provision of this ordinance shall, upon conviction, be punished, as provided in Section 1.01.009 of the Code of Ordinances of Beaumont, Texas. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 28th day of February, 2017. - Mayor Becky Ames - EXHIBIT "A" _ ___ 19 18 17 LT 13-B 000105461 P.L. 75.00' m m c m m m C) m m (7 L2 t9 5'-0" \ W i SS roposed-3-14'-- Natural Gas Line I— -D a ISS /I t�Jr I Proposed 6,100 o ! Sq Ft Buildng 1 G E Connect Exist Natural Gas Meter IS I NG i E m I VJ v Proposed Buried 0 , I Electric Linel220 1 Amp Breaker Box Proposed 31 ISS 00 Water Line i m v (7 IProposed � I 4"Sewer Line ! iiI 0001 5456 I ! mf 000262882 ! ��5 000105458 6 7 o ' Exist riveway :8 9 !C,10�IE 11 12 '1 i Exist Driveway i S �i P.L. 75.00' Connect Exist utility Exist Dr veway Exist Driveway Pole/ Electric $ Cable --- _ _ Exist Culvert — oo$o a°oaoo ist CuNe t oo$o$° , Exist Culvert A� Connect Ex st City Connect Exist City U r 4 WalerMeter Sewer Clean -Out 111 '{�b� Beaumont TX BeaumontTX fA L STREET Charlie Domingue Site Plan z N z NOISIiGL�]1S�R.CT�ON Scale; Not To Scale 8605 BROUSSARD RD. L8-10 812 Sunnyside Acreage .2583 r BEAUMONT, TEXAS 77713 Rpal Imnnt TX 7771 EXHIBIT "A" _ ___ 2 February 28, 2017 Consider a request to rezone property located at 7535 Highway 105 from RMH- (Residential Multiple Family Dwelling -Highest Density) to GC -MD (General Commercial -Multiple Family Dwelling) or a more restrictive zoning District BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Chris Boone, Planning & Community Development Director MEETING DATE: February 28, 2017 REQUESTED ACTION: Consider a request to rezone property located at 7535 Highway 105 from RMH- (Residential Multiple Family Dwelling - Highest Density) to GC -MD (General Commercial -Multiple Family Dwelling) or a more restrictive zoning District. BACKGROUND Wesley Doucet is requesting the rezoning of his property located at 7535 Highway 105. This property is the first residentially zoned lot on the south side of Highway 105, west of Major Drive. Although the property currently contains a house, Mr. Doucet would like to be able to market the property for commercial uses. Given the surrounding zoning pattern, land use and the proximity to the intersection of Highway 105 and Major Drive, the proposed zoning would be compatible. All utilities necessary for a business are present. Property to the north, south and east is zoned GC -MD (General Commercial - Multiple Family Dwelling) District. At a Joint Public Hearing held on February 20, 2017, the Planning Commission recommended 6:0 to approve a request for a rezoning for property located at 7535 Highway 105, from RM -H (Residential Multiple Family Dwelling -Highest Density) to GC -MD (General Commercial -Multiple Family Dwelling) District. FUNDING SOURCE Not applicable. RECOMMENDATIONS Approval of the ordinance. APPLICATION FOR AMENDMENT OF THE ZONING ORDINANCE BEAUMONT, TEXAS (Chapter 28, City Codes) TO: THE PLANNING COMMISSION AND CITY COUNCIL, CITY OF BEAUMONT, TEXAS APPLICANT'S NAME AND ADDRESS/av APPLICANT'S PHONE # q6e- - FAX M NAME OF OWNER: /�� �id �/ ,D Z L C ADDRESS OF '/-41// LOCATION OF PROPERTY: %�J7�Gr.��7/ 3 LEGAL DESCRIPTION / OF PROPERTY: LOT NO. /c/l,13- > Z 41/ /- 5 OR BLOCK NO. TRACT PLAT ADDITION /l�'eG'J `AS ����"�� {� SURVEY NUMBER OF ACRES NUMBER OF ACRES For properties not in a recorded subdivision, submit a copy of a current survey or plat showing the properties proposed to be changed, and a complete legal field note description. CURRENT ZONING DISTRICT: 9 ZONING DISTRICT REQUESTED: 6 C Z77 1/ HAS THE REQUEST BEEN MADE BEFORE? lei, IF SO, DATE: ACTION: SUBMIT A LETTER STATING REASONS FOR REQUEST. ATTACH THE APPROPRIATE APPLICATION FEE: LESS THAN 1/2 ACRE...........................................................$250.00 1/2 ACRE OR MORE AND LESS. THAN 5 ACRES.............$450.00 5 ACRES OR MORE........:.......................................................$650.00 I HEREBY ACKNOWLEDGE THAT THE APPLICATION IS M" FOR THE REQUESTED DISTRICT OR A MORE RESTRICTIVE DISTRICT. /% f , SIGNATURE OF APPLICANT: SIGNATURE OF OWNER: PLEASE TYPE OR PRINT AND SUBMIT TO: PLANNING DIVISION, ROOM 201 CITY HALL, 801 MAIN STREET BEAUMONT, TX 77701 FILE NUMBER: P.O. BOX 3827 77704 DATE RECEIVED: (409) 880-3764 RECEIPT NUMBER: FAX (409) 880-3133 BBG GROUP LLC. 3195 DOWLEN RD Ste. 101-411 BEAUMONT, TX. 77706 Planning Division, Room 201 City Hall 801 Main ST Beaumont, TX 77701 December 19, 2016 To Whom It May Concern: We are requesting a zoning change of our property at 7535 Highway 105, Beaumont, TX 77713, for the ability to market it as a commercial property. Thank you for your consideration in this matter. Wesley C. Doucet Wesley C. Doucet C. (409) 626-4268 wdoucei@gt.rr.com ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING CHAPTER 28 OF THE CODE OF ORDINANCES OF BEAUMONT, TEXAS, AND IN PARTICULAR THE BOUNDARIES OF THE ZONING DISTRICTS, AS INDICATED UPON THE ZONING MAP OF BEAUMONT, TEXAS, BY CHANGING THE ZONING OF PROPERTY PRESENTLY ZONED RM -H (RESIDENTIAL MULTIPLE FAMILY DWELLING -HIGHEST DENSITY) TO GC -MD (GENERAL COMMERCIAL - MULTIPLE FAMILY DWELLING) DISTRICT FOR PROPERTY LOCATED AT 7535 HIGHWAY 105, BEAUMONT, JEFFERSON COUNTY, TEXAS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. BE IT ORDAINED BY THE CITY OF BEAUMONT Qnntinn 1 That Chapter 28 of the Code of Ordinances of Beaumont, Texas, and in particular the boundaries of the zoning districts, as indicated upon the Zoning Map of the City of Beaumont, referred to in Section 28.01.005(b) thereof, is hereby amended by changing the zoning of property presently zoned RM -H (Residential Multiple Family Dwelling -Highest Density) District to GC -MD (General Commercial -Multiple Family Dwelling) District for property located at 7535 Highway 105, being the west 15' of Lot 7 and all of Lot 8, Neches Terrace Addition, Beaumont, Jefferson County, Texas, containing 0.85 acres, more or less, as shown on Exhibit "A," attached hereto, and the official zoning map of the City of Beaumont is hereby amended to reflect such changes. Section 2. That, in all other respects, the use of the property herein above described shall be subject to all of the applicable regulations of the underlying zoning district as well as those regulations contained in Chapter 28 of the Code of Ordinances of Beaumont, Texas, as amended. Section 3. That if any section, subsection, sentence, clause of phrase of this ordinance, or the application of same to a particular set of persons or circumstances, should for any reason be held to be invalid, such invalidity shall not affect the remaining portions of this ordinance, and to such end, the various portions and provisions of this ordinance are declared to be severable. Section 4. That all ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only. Qnnfinn r% That any person who violates any provision of this ordinance shall, upon conviction, be punished, as provided in Section 1.01.009 of the Code of Ordinances of Beaumont, Texas. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 28th day of February, 2017. - Mayor Becky Ames - File 2279-Z: A request for a rezoning from RM -H (Residential Multiple Family Dwelling- ighest Density) to GC -MD (General Commercial -Multiple Family Dwelling) or a more restrictive zoning District. Applicant: Wesley C. Doucet ocation: 7535 Highway 105 0 100 zoo 300 400 I i I I I I Feet EXHIBIT "A" 3 February 28, 2017 Consider a request for a rezoning from RM -H (Residential Multiple Family Dwelling - Highest Density) to RS (Residential Single Family Dwelling) District for an area located in the Oaks Historic District BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Chris Boone, Planning & Community Development Director MEETING DATE: February 28, 2017 REQUESTED ACTION: Consider a request for a rezoning from RM -H (Residential Multiple Family Dwelling - Highest Density) to RS (Residential Single Family Dwelling) District for an area located in the Oaks Historic District. BACKGROUND In November of 2008, a Zoning Study was conducted for the Oaks Historic District in order to better control development and redevelopment of the stabilizing neighborhood. The study changed a significant portion of the neighborhood to RCR-H, or Residential Conservation Revitalization -Historic to offer additional protections and controls. In addition, the study rezoned several areas from RM -H (Residential Multiple Family Dwelling) to RS (Residential Single -Family Dwelling). In the past, as some areas of the Oaks District became less stable, RM -H allowed owners to convert single-family homes to more profitable multi -family dwellings or light commercial uses. While many property owners took advantage of this zoning, an increasingly stabilizing single-family market in the Oaks justified changing the zoning to RS, Single -Family Dwelling. However, during the conducting of the 2008 study, some areas were not rezoned to RS, due to the prevalence of existing multi -family complexes. Since the time of the study, further conversion from single-family to multi -family within this area has been requested. Now, almost ten years after the 2008 study, the single-family uses are even more stable now and as such, necessitates the rezoning from RM -H to RS. At a Joint Public Hearing held on February 20, 2017, the Planning Commission recommended 6:0 to approve a request for a rezoning from RM -H (Residential Multiple Family Dwelling — Highest Density) to RS (Residential Single Family Dwelling) District. FUNDING SOURCE Not applicable. RECOMMENDATIONS Approval of the ordinance. ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING CHAPTER 28 OF THE CODE OF ORDINANCES OF BEAUMONT, TEXAS, AND IN PARTICULAR THE BOUNDARIES OF THE ZONING DISTRICTS, AS INDICATED UPON THE ZONING MAP OF BEAUMONT, TEXAS, BY CHANGING THE ZONING OF PROPERTY PRESENTLY ZONED RM -H (RESIDENTIAL MULTIPLE FAMILY DWELLING -HIGHEST DENSITY) TO RS (RESIDENTIAL SINGLE FAMILY DWELLING) DISTRICT FOR PROPERTY LOCATED AT THE NORTH SIDE OF HAZEL AVENUE BETWEEN 6T" AND 7T" STREETS, HARRISON AVENUE BETWEEN 6T" AND 7T" STREETS, THE SOUTH SIDE OF LONG AVENUE BETWEEN 6T" AND 7T" STREETS AND THE WEST SIDE OF 7T" STREET BETWEEN ASHLEY AVENUE AND EVALON AVENUE, BEAUMONT, JEFFERSON COUNTY, TEXAS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That Chapter 28 of the Code of Ordinances of Beaumont, Texas, and in particular the boundaries of the zoning districts, as indicated upon the Zoning Map of the City of Beaumont, referred to in Section 28.01.005(b) thereof, is hereby amended by changing the zoning of property presently zoned RM -H (Residential Multiple Family Dwelling -Highest Density) District to RS (Residential Single Family Dwelling) District for property located at the north side of Hazel Avenue between 6th and 7th Streets, Harrison Avenue between 6th and 7th Street, the south side of Long Avenue between 6th and 7th Street and the west side of 7th Street between Ashley Avenue and Evalon Avenue, being the west 15' of the south 50' of Lot 11, all of Lots 12-16, Block 10 and all of Blocks 7 & 8, Averill Addition, Beaumont, Jefferson County, Texas, containing 9.74 acres, more or less, as shown on Exhibit "A," attached hereto, and the official zoning map of the City of Beaumont is hereby amended to reflect such changes. Section 2. That, in all other respects, the use of the property herein above described shall be subject to all of the applicable regulations of the underlying zoning district as well as those regulations contained in Chapter 28 of the Code of Ordinances of Beaumont, Texas, as amended. Section 3. That if any section, subsection, sentence, clause of phrase of this ordinance, or the application of same to a particular set of persons or circumstances, should for any reason be held to be invalid, such invalidity shall not affect the remaining portions of this ordinance, and to such end, the various portions and provisions of this ordinance are declared to be severable. Section 4. That all ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only. Section 5. That any person who violates any provision of this ordinance shall, upon conviction, be punished, as provided in Section 1.01.009 of the Code of Ordinances of Beaumont, Texas. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 28th day of February, 2017. - Mayor Becky Ames - File 2282-Z: A request for a rezoning from RM -H (Residential Multiple Family Dwelling- N 'ghest Density) to RS (Residential Single Family Dwelling) District. Applicant: City of Beaumont Planning Division Location: The north side of Hazel Avenue between 6th and 7th Streets, Harrison Avenue etween 6th and 7th Streets, the south side of Long Avenue between 6th end 7 0§tre66b and he west side of 7th Street between Ashley Avenue and Evalon Avenue. i i Feet EXHIBIT "A" TI I ' EVALVOMAUE' 1 inch = 1 C0 `ee, Lit Cn I' ^mak Cd1 11i I --_ 1 I _ 1 i I ' -7 s .«.-s. ,•+ iii _1R. 'I G'S�u,'i ,r �'- 71 MA - LONG AVE pA w 'AWO Lam• Li HARRISON AUE; '� '+ { 11 3L�.-f y I Legend 22822 - Commercial t ® Institutional alt J Multi-Famil r <,z - Y " r° r w v ` r ` Single Family � � r..,}This map has been produced from various sources., Every effort has i I I Vacant J, been made to ensure the accuracy of this map; however, the City of, I i Beaumont assumes no liability or damages due to errors or omissions. RS ` . - R- Beaumont Zoning W _ r ''� EUALON AVE'. r IT s* S _ 1 inch = 100 fee t I I Y I I L RMF t � ;R'S `• ASHLEY AUE r• •, iy I .,_ r, R=S. 1 �.: tq i LONG AUE•+ R,S, Legend Zoning 1 ZONE A -R. C -M HARRISON AUE - CBD r GC -MD F +: R s. GC -MD -2 % r 0 HI n '" LI-.._ _Fz J u NC _ NSC - ti - OP - PD r R(v7 H RCR1 PUD R -S RCR _ RCR-H ZEl 'E - s ,I I RM-H�, ' This � map has been produced from various sources., Every eBort has Q 2282-2 'i! been made to ensure the accuracy of this map; however. the CRY ofw. i r:/ Beaumont assumes no liability ar damages due la errors or omissions:'t 11 February 28, 2017 Consider a request for a rezoning from A -R (Agricultural -Residential) and GC -MD -2 (General Commercial - Multiple Family Dwelling - 2) District to GC -MD -2 and RS (Residential Single Family Dwelling) Districts, and a Specific Use Permit to allow a retail shopping center with restaurants on the GC -MD -2 portion of the property BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager (-f i13 PREPARED BY: Chris Boone, Planning & Community Development Director MEETING DATE: February 28, 2017 REQUESTED ACTION: Consider a request for a rezoning from A -R (Agricultural - Residential) and GC -MD -2 (General Commercial - Multiple Family Dwelling - 2) District to GC -MD -2 and RS (Residential Single Family Dwelling) Districts, and a Specific Use Permit to allow a retail shopping center with restaurants on the GC -MD -2 portion of the property. BACKGROUND Zulag Properties, L.L.C. would like to construct a retail shopping center, and single family residential development, on the property located to the east of Major Drive and north of Village Drive. In March of 2014, a memory care facility looking to locate on the property, rezoned the west half of the property to GC -MD -2. The memory center was not developed at this location and the property has remained vacant. Rezoning the west half of the property to GC -MD -2 would allow it to develop in a manner similar to other properties bordering Major Drive. Rezoning the west half of the property to RS will allow the construction of single family homes. This will match development to the east of the property. The proposed shopping center would consist of a 35,750 sq. ft. building and 216 parking spaces. The proposed tenants would include retail shopping, offices, and restaurants. At a Joint Public Hearing held on February 20, 2017, the Planning Commission recommended 6;0 to approve a request from A -R (Agricultural - Residential) and GC -MD -2 (General Commercial — Multiple Family Dwelling - 2) District to GC -MD -2 and RS (Residential Single Family Dwelling) Districts, and a Specific Use Permit to allow a retail shopping center with restaurants on the GC -MD -2 portion of the property with the following conditions: 1. Driveways are subject to approval from TxDOT. 2. A sidewalk must be provided along Major Drive. 3. A buffer, and 8 ft wood or masonry privacy fence, must be provided along the east side of the shopping center, where the project will abut a newly rezoned residential zoning district. 4. Must provide drainage plans along with hydraulic analysis and receive approval of the plan from City Engineering, Drainage District # 6, and TxDOT. FUNDING SOURCE Not applicable. RECOMMENDATIONS Approval of the ordinance with the following conditions: 1. Driveways are subject to approval from TxDOT. 2. A sidewalk must be provided along Major Drive. 3. A buffer, and 8 ft wood or masonry privacy fence, must be provided along the east side of the shopping center, where the project will abut a newly rezoned residential zoning district. 4. Must provide drainage plans along with hydraulic analysis and receive approval of the plan from City Engineering, Drainage District # 6, and TxDOT. SPECIFIC USE PERMIT APPLICATION BEAUMONT, TEXAS (Chapter 28, City Codes) TO: THE PLANNING COMMISSION AND CITY COUNCIL, CITY OF BEAUMONT, TEXAS APPLICANT'S NAME: 7— U r A c� APPLICANT'S ADDRESS: 11 2 9 i 1H.10 wb s t 'f 3c- 7 7� 6 i APPLICANT'S PHONE #: ( +oi,) 2-71 l tr S s FAX #:(4d 1 4-2 2 O 6 1 'z NAME OF OWNER: M c 1 HA Min A --A ',h4 A A 1 13 ADDRESS OF OWNER: 1112- LnlEs iM C -Jam✓ Aft 6 64 v ryt enj � �x LOCATION OF PROPERTY: KW6& Q Q w z 6 f Art M E Ay, , `IK, --7-7711- LEGAL 77711 - LEGAL DESCRIPTION OF PROPERTY: LOT N0. BLOCK N ADDITION NUMBER OF ACRES OR 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: S% A i f C t= ,'6 2 -o R L /KA I(- t 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 %" 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 ''/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, un erstand that all of the conditions, dimensions, building sizes, landscaping and parking areas depicted on the site plan %badbered to as amended and approved by City Council. SIGNATURE OF APPLICANT: DATE: 4.2 -.,2 3 i 4 t SIGNATURE OF OWNER: / v tIlAMAI.0 A t4l'//y,,j (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: DATE RECEIVED: 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. 6Mw/c 2U(-�t� Proms-�r'cs 2 jnua V cam' APPLICATION FOR AMENDMENT OF THE ZONING ORDINANCE BEAUMONT, TEXAS (Chapter 28, City Codes) TO: THE PLANNING COMMISSION AND CITY COUNCIL, CITY OF BEAUMONT, TEXAS APPLICANT'S NAME AND ADDRESS: ZULA i; PYdw+i'eS L -L- c, 1-7.1-s 1 1 X4-1 oy1,66 t, N -7 7460 APPLICANT'S PHONE #:(f0l) ADDRESS 2-73 1453 FAX #: ( 4 0) 422--0612- 22--O61zNAME BEAUMONT, TX 77701 NAME OF OWNER: M u In0'"w.0- P.O. BOX 3827 77704 A k-ajPaJ IA- (409) 880-3764 ADDRESS OF OWNER: 117 iyJt'S / iW Ao a O 4J a. Q Ejw ur►4er, i , % k - i 7 7 0 /L LOCATION OF PROPERTY: M ,A -.Fb it Aw -I'v * , Q &*ti nd $ '("?c 7 7 7 1, LEGAL DESCRIPTION OF PROPERTY: LOT NO. BLOCK NO. FAM116 ork] OR TRACT 92- A PLAT SP - I SURVEY we H - w 11)t* % Svev6-i Abs -5-6, NUMBER OF ACRES - 2 6 NUMBER OF ACRES �L-.S Z A �- For properties not in a recorded subdivision, submit a copy of a current survey or plat showing the properties proposed to be changed, and a complete legal field note description. CURRENT ZONING DISTRICT: Q CM h 2 ZONING DISTRICT REQUESTED: S 1 N ti tip 1 Ly f- S HAS THE REQUEST BEEN MADE BEFORE? No IF SO, DATE: ACTION: 'e'.�t�,4 �c nfmrLy �0 i �t�t i,lr k.r�rl' SUBMIT A LETTER STATING REASONS FOR REQUEST. ATTACH THE APPROPRIATE APPLICATION FEE: LESS THAN 1/2 ACRE...........................................................$250.00 1/2 ACRE OR MORE AND LESS THAN 5 ACRES.............$450.00 5 ACRES OR MORE...............................................................$650.00 I HEREBY ACKNOWLEDGE THAT THE APPLICATION IS MADE FOR THE REQUESTED DISTRICT OR A MORE RESTRICTIVE DISTRICT. SIGNATURE OF APPLICANT: DATE: 02.-o3- 17 SIGNATURE OF OWNER: PLEASE TYPE OR PRINT AND SUBMIT TO: PLANNING DIVISION, ROOM 201 CITY HALL, 801 MAIN STREET BEAUMONT, TX 77701 FILE NUMBER: P.O. BOX 3827 77704 DATE RECEIVED: (409) 880-3764 RECEIPT NUMBER: FAX (409) 880-3133 APPLICATION FOR AMENDMENT OF THE ZONING ORDINANCE BEAUMONT, TEXAS (Chapter 28, City Codes) TO: THE PLANNING COMMISSION AND CITY COUNCIL, CITY OF BEAUMONT, TEXAS APPLICANT'S NAME AND ADDRESS: G'V (_ A q PAg pe -R % 1 Lf -C C /7 i 114 -to j/' ibe R. 110 774.6z APPLICANT'S PHONE #:_(.!/q, 2 7 3 y -S FAX #: (�O`I) !�t 2 Z 06;1 - NAME 672NAME OF OWNER: M U 14 A. M A D K "A M A ADDRESS OF OWNER: 1)7'1- W,6s7-ME-1 A,,w bA . ��j vmo,� e , ?x - '77 7oX LOCATION OF PROPERTY:AjfA • ,_ bR iy e 9 F)v r» o r- i Tx -77-113 LEGAL DESCRIPTION OF PROPERTY: LOT NO. BLOCK NO. ADDITION NUMBER OF ACRES OR 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 to be changed, and a complete legal field note description. CURRENT ZONING DISTRICT: k' o L u L j U 2 g ZONING DISTRICT REQUESTED: 63 C M 6 'L HAS THE REQUEST BEEN MADE BEFORE? N o IF SO, DATE: ACTION: SUBMIT A LETTER STATING REASONS FOR REQUEST. ATTACH THE APPROPRIATE APPLICATION FEE: LESS THAN 1/2 ACRE...........................................................$250.00 1/2 ACRE OR MORE AND LESS THAN 5 ACRES.............$450.00 5 ACRES OR MORE...............................................................$650.00 I HEREBY ACKNOWLEDGE THAT THE APPLICATION IS MADE FOR THE REQUESTED DISTRICT ORA MORE RESTRICTIVE DISTRICT. SIGNATURE OF APPLICANT: DATE: SIGNATURE OF OWNER (IF NOT APPLICANT): PLEASE TYPE OR PRINT AND SUBMIT TO: PLANNING DIVISION, ROOM 201 CITY HALL, 801 MAIN STREET BEAUMONT, TX 77701 FILE NUMBER: P.O. BOX 3827 77704 DATE RECEIVED: (409) 880-3764 RECEIPT NUMBER: _ FAX (409) 880-3133 • r 'r ZUL G PROPERTIES LLC 17291 IH -10, Vidor, Texas 77662 Tel.(409) 27.3 1453, Fax. (4091) 750 7183 APAVATWX Email: zulagproperties@Dgmail com https://zulagproperties.com 12/23/16 City of Beaumont, Zulag Properties LLC is proposing a site on Major Drive, H WILLIAMS ABS -56 TR 82-A SP -18.660 AC FEE 614 AGR USE, for a 35,750 sq/ft Shopping center with 216 parking spaces. Projected tenants will be retail shopping, offices, and restaurants. Also there will be a 3.4 acre town home development with two bedroom units that are 1196 sq/ft and three bedroom units that are 1410 sq/ft on the backside of the property. If you have any additional questions please feel free to call Tony Ashrafi at 409-284-5309. Thank you for your consideration, l e $vee f�►� USE Co r�P�}l�fG eve a-� ��� i �5u7IouI t -06e LC -- 'Jr � �' V p - m-�-A CN ��74-�+fj �^d"�Lv� �{ a hG'rY - G tvi V F l li W 1"A"f(J'i'� j � 1 vi Qal� v i� 4 9 nrc `' USc Girl fed I rtiP��� •qa i Twp ��.�-d (� { i�`�J i °� � �v e�► D r�,Hw �—� I 'k^ P •r z v e_v�� � S i�l ✓crae � "al VAC C'e— V �� l�l�t�lfc.�� Utll1'hil� , atCt¢It (Zc -� r �✓�=i•✓`J a�. i� bG��e c► Iti�v L L�ct H4 L 9 i n AV0IA- w 1 -J A %� Dc L�cp E C�^ AIV- iu�c i-� _ J V G', 1 cti C 1 f--' Ir j i.c - , U 1 It �,,,,.•,1. ��� yr v. ► � D u(� I r �- civ • �,�..��� e .. �� � w t -h^ „" 111 be ulsA�tc cc j iCr% ' aJ�+► w�19 �c /�, c.AG4��1 c 10 T ,4 d►ve-c i o+o.d�t "� I Legend ® 2281/1 Zoning ZONE A -R C -M CBD GC -MC MGC -MF HI U NC NSC - OP - PD PUD R -S RCR RCR-H RM -H I�i9 N Zonin- Nil w g W R -S 1 finch -,,100 Y R -S it u This map has been produced from various sources. Every effort mrm 0 Legend ®2281ZP Zoning # ZONE A -R C -M - CBD GC -MD ° 5 Q GC -MD -2 / HI U NC NSC OP ,I - PD ® PUD R -S RCR RCR-H RM -H fail%oi� -- N r! ng, - R -S 1f inch =100 A x" a - This map has been produced horn various sources. Every effort ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING CHAPTER 28 OF THE CODE OF ORDINANCES OF BEAUMONT, TEXAS, AND IN PARTICULAR THE BOUNDARIES OF THE ZONING DISTRICTS, AS INDICATED UPON THE ZONING MAP OF BEAUMONT, TEXAS, BY CHANGING THE ZONING OF PROPERTY PRESENTLY ZONED A -R (AGRICULTURAL -RESIDENTIAL) AND GC -MD -2 (GENERAL COMMERCIAL -MULTIPLE FAMILY DWELLING -2) DISTRICTS TO GC -MD -2 GENERAL COMMERCIAL -MULTIPLE FAMILY DWELLING -2) AND RS (RESIDENTIAL SINGLE FAMILY DWELLING) DISTRICTS FOR PROPERTY LOCATED AT THE EAST SIDE OF NORTH MAJOR DRIVE, JUST NORTH OF VILLAGE DRIVE, BEAUMONT, JEFFERSON COUNTY, TEXAS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That Chapter 28 of the Code of Ordinances of Beaumont, Texas, and in particular the boundaries of the zoning districts, as indicated upon the Zoning Map of the City of Beaumont, referred to in Section 28.01.005(b) thereof, is hereby amended by changing the zoning of property presently zoned A -R (Agricultural -Residential) and GC - MD -2 (General Commercial -Multiple Family Dwelling -2) Districts to GC -MD -2 (General Commercial -Multiple Family Dwelling -2) and RS (Residential Single Family Dwelling) Districts for property located at the east side of North Major Drive, just North of Village Drive, being Tract 82-A, plat SP -1, H. Williams Survey, Abstract 56, Beaumont, Jefferson County, Texas, containing 8.66 acres, more or less, as shown on Exhibit "A," attached hereto, and the official zoning map of the City of Beaumont is hereby amended to reflect such changes. Section 2. That, in all other respects, the use of the property herein above described shall be subject to all of the applicable regulations of the underlying zoning district as well as those regulations contained in Chapter 28 of the Code of Ordinances of Beaumont, Texas, as amended. Section 3. That if any section, subsection, sentence, clause of phrase of this ordinance, or the application of same to a particular set of persons or circumstances, should for any reason be held to be invalid, such invalidity shall not affect the remaining portions of this ordinance, and to such end, the various portions and provisions of this ordinance are declared to be severable. Section 4. That all ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only. Section 5. That any person who violates any provision of this ordinance shall, upon conviction, be punished, as provided in Section 1.01.009 of the Code of Ordinances of Beaumont, Texas. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 28th day of February, 2017. - Mayor Becky Ames - Wile 2281-Z/P: A request for a rezoning from A -R (Agricultural -Residential) and C -MD -2 (General Commercial -Multiple Family Dwelling -2) Districts to GC -MD -2 and S (Residential Single Family Dwelling) Districts and a Specific Use Permit to allow a etail shopping center with restaurants on the GC -MD -2 portion of the property. pplicant: Zulag Properties, 0 100 200 ocation: The east side of North Major Drive, just north of Village Drive. Feet EXHIBIT "A" ORDINANCE NO. ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A RETAIL SHOPPING CENTER WITH RESTAURANTS IN A GC -MD -2 (GENERAL COMMERCIAL -MULTIPLE FAMILY DWELLING -2) DISTRICT AT PROPERTY LOCATED AT THE EAST SIDE OF NORTH MAJOR DRIVE, JUST NORTH OF VILLAGE DRIVE IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS, Zulag Properties, L.L.C. has applied for a specific use permit to allow a retail shopping center with restaurants in a GC -MD -2 (General Commercial - Multiple Family Dwelling -2) District at property located at the east side of North Major Drive, just north of Village Drive, being Tract 82-A, plat SP -1, H. Williams Survey, Abstract 56, Beaumont, Jefferson County, Texas, containing 8.66 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 shopping center with restaurants in a GC -MD -2 (General Commercial -Multiple Family Dwelling -2) District at property located at the east side of North Major Drive, just north of Village Drive, subject to the following conditions: • Driveways are subject to approval from TxDOT. • A sidewalk must be provided along Major Drive. • A buffer, and 8 ft wood or masonry privacy fence, must be provided along the east side of the shopping center, where the project will abut a newly rezoned residential zoning district. • Must provide drainage plans along with hydraulic analysis and receive approval of the plan from City Engineering, Drainage District #6, and TxDOT. and, WHEREAS, the City Council is of the opinion that the issuance of such specific use permit to allow a retail shopping center with restaurants 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 shopping center with restaurants in a GC -MD -2 (General Commercial -Multiple Family Dwelling -2) District for property located at the east side of North Major Drive, just north of Village Drive, being Tract 82-A, plat SP -1, H. Williams Survey, Abstract 56, Beaumont, Jefferson County, Texas, containing 8.66 acres, more or less as shown on Exhibit "A," is hereby granted to Zulag Properties, L.L.C, its 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: • Driveways are subject to approval from TxDOT. • A sidewalk must be provided along Major Drive. • A buffer, and 8 ft wood or masonry privacy fence, must be provided along the east side of the shopping center, where the project will abut a newly rezoned residential zoning district. • Must provide drainage plans along with hydraulic analysis and receive approval of the plan from City Engineering, Drainage District #6, and TxDOT. 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 28th day of February, 2017. - Mayor Becky Ames - ,�,. X ( �J�� stir►" ,, - x: I •y ; j � �Ji',i�r t '��:_ a ,.R � t ,1 t� F. s t - hw •r . .�, -�"-�.'tle;_ jar 4 1- *c �h -, �, .- .•�"r ��, .\ �.' ar` •i� -gym L,.. ^ J' , fTlop sk� pr co 14 Dt.*.,. �, �Y ao�' a ty « t AL {�" �' c � a �� �• rte' f � •'` _ '. ' 3 _ fin{ ;� aM' ,nYfy. V, ter: ,:�; � 'a� � y •- P,. ✓ 4 y Ir r tiy, , t • -�' r t. • ee ' i 91;r1.f .•{t . t • O a'{ "., n ° ° ° .G�� -��� 4i M M PROPOSED LAND DEVELOPMENT Dolav ann GTCE PROPOSED SITE PLAN ON AERIAL SHEET N. MAJOR DR. BEAUMONT, TX 77706 arvT R :'vui m \! 1 SCALE AS SHOWN A-1 / euvs4.. ?- �i �w'w U�iJrtuUvjtwH'� No Text i� February 28, 2017 Consider a request for a Specific Use Permit to allow for the construction of a new storage building in an RCR (Residential Conservation Revitalization) District located at 3230 French Road BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Chris Boone, Planning & Community Development Director MEETING DATE: February 28, 2017 REQUESTED ACTION: Consider a request for a Specific Use Permit to allow for the construction of a a new storage building in an RCR (Residential Conservation Revitalization) District located at 3230 French Road. BACKGROUND Dohn LaBiche has submitted a request for a Specific Use Permit at 3230 French Road. The Hazel & Floyd Mack Scouting Foundation owns the property and would like to construct a new storage facility for the Scout Hut. This new 2,760 sq. ft. building would house the equipment for three scouting units. The use is existing and compatible with surrounding properties. All utilities are in place and accessible to the project. The scouts recently installed a new fence along the east property line, and 5' of the required buffer is needed to accommodate the new structure, therefore a waiver has been requested for the landscaping and screening requirements for the east property line. At a Joint Public Hearing held on February 20, 2017, the Planning Commission recommended 6:0 to approve a request for a Specific Use Permit for The Hazel and Floyd Mack Scout Foundation, Inc., for property located at 3230 French Road, to construct a new storage building for the Scout Hut in an RCR (Residential Conservation Revitalization) District with the following waiver: 1. A waiver to the landscaping and screening requirements for the east property line. FUNDING SOURCE Not applicable. RECOMMENDATIONS Approval of the ordinance with the following waiver: 1. A waiver to the landscaping and screening requirements for the east property line. SPECIFIC USE PERMIT APPLICATION BEAUMONT, TEXAS (Chapter 28, City Codes) TO: THE PLANNING COMMMISSION AND CITY COUNCIL, CITY OF BEAUMONT, TEXAS APPLICANTNAME :LNA: Lyyl1xl L+,6tcH6 APPLICANTS ADDRESS: 7999 q Ave • # xel Q, APPLICANTS PHONE #: 4-09-k"-0127 FAX #: 401— 0*e — Q l � 7 NAME OF OWNER: AIAZ� j � IMP IWAtce 5CWVr 521IN1080,04 ADDRESS OF OWNER: 3 23 4� F14el e g 1-2o,40,40 7 % 70:3LOCATION OF PROPERTY: SA �r`�C- LEGAL DESCRIPTION OF PROPERTY: LOTNO. !D Cj7I OR BLOCK NO. ! / ADDITION��c�-/ NUMBER OF ACRES 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. n ye PROPOSED USE: Sc. gwT ,ATO &A4 � ZONE - S, / LX.L L F��/ iG % 1 nA5;, � 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 %" 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 V2 ACRE.................................................................$250.00 'V2 ACRE OR MORE AND LESS THAN 5 ACRES...................$450.00 5 ACRES OR MORE...................................................................$650.00 I, being the undersigned applicant, understand th site plan shall be adhered to as amended and SIGNATURE OF APPLICANT: i SIGNATURE OF OWNER: PLEASE TYPE OR PRINT AND SUBMIT TO: FILE NUMBER: DATE RECEIVED: building sizes, landscaping and parking areas depicted on the CITY OF BEAUMONT PLANNING DIVISION 801 MAIN STREET, ROOM 201 BEAUMONT, TX 77701 Phone - (409) 880-3764 Fax - (409) 880-3133 .TE: /Z✓ //7 TE: /` 25 PLEASE MAKE NOTE ON REVERSE SIDE OF CONDITIONS TO BE MEC REGARDING THE Sn E PLAN AND LETTER OF PROPOSED USES AND ACTIVITIES. [AZEL & FLOYD viACK ;COUTING OUNDATION Hon. Keith F. Giblin January 25, 2017 1355 Stacewood Dr. City of Beaumont Planning Division Beaumont, Texas 77720 801 Main Street; Room 201 office Beaumont, Texas 77701 Dohn H. LaBiche, FAIA Dear: Sir, President The Hazel and Floyd Mack Scout Foundation, Inc. is a 501(c) (3) charitable foundation that provides camping scholarships and equipment to Scouts, units, and Boy Scout councils, takes part in community service Colby C. Crenshaw projects, and provides a home for three Boy Scout Units; Troop 85, Pack 85, and Troop 601. The Scout Hut located at 3230 French Road, Vice -President Beaumont, Texas, was built in the 1930's and has been the Scouting home for many adults and children since 1988 as we have learned about Scouting and life. We currently serve nearly 150 youth and 40 adults Hamil Cupero each week at this facility. Our foundation is now in its tenth year of operation and we have Secretary/Agent out grown our current facilities. Specifically, a nearly 70 year old garage what has housed the equipment for one Scout unit is falling down and needs to be replaced. We need to build a larger building that can house Jeffrey D. Purcell the equipment of the three units we now serve and which will enable us to serve more units in the future. Treasurer In order to build this new, larger storage building, we need to Advisory Board receive a Special Use Permit from the City of Beaumont (application attached). We feel we have been a good neighbor in the French Rd. Michael R. Jenkins community, having sponsored and funded two projects for neighbors in Joe & Linda Domino need of help with their property. We also maintain the yard of a neighbor who is unable to take care of it herself. Andrew S. Milgram Your favorable consideration of our request would be greatly Katherine Milgram Ball appreciated. Suzanne Maloney Chris Busch Yours in Scouting, Edward]. Sherlock, III William G. Jenkins, 111 4freNyy�D. IAurcell John Seth Bullard Treasurer Hon. Keith F. Giblin ORDINANCE NO. ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A STORAGE BUILDING FOR THE SCOUT HUT IN AN RCR (RESIDENTIAL CONSERVATION REVITALIZATION) DISTRICT AT 3230 FRENCH ROAD IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS, Dohn LaBiche, on behalf of Hazel & Floyd Mack Scouting Foundation Inc., has applied for a specific use permit to allow a storage building in an RCR (Residential Conservation Revitalization) District at 3230 French Road, being Lot 70, Tract 4, and Lot 71, Tract 2, Block 9, French Heights Addition, Beaumont, Jefferson County, Texas, containing 0.7497 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 storage building for the Scout Hut in an RCR (Residential Conservation Revitalization) District at 3230 French Road, subject to the following condition: ; and, • A waiver to the landscaping and screening requirements for the east property line. WHEREAS, the City Council is of the opinion that the issuance of such specific use permit to allow a storage building for the Scout Hut 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 storage building for the Scout Hut in an RCR (Residential Conservation Revitalization) District at 3230 French Road, being Lot 70, Tract 4, and Lot 71, Tract 2, Block 9, French Heights Addition, Beaumont, Jefferson County, Texas, containing 0.7497 acres, more or less as shown on Exhibit "A," is hereby granted to Hazel & Floyd Mack Scouting Foundation, Inc., its 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: • A waiver to the landscaping and screening requirements for the east property line. 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 28th day of February, 2017. - Mayor Becky Ames - 2284-P: A request for a Specific Use Permit for The Hazel and Floyd Mack Scout adation, Inc., to construct a new storage building for the Scout Hut in an RCR idential Conservation Revitalization) District. Don LaBiche 3230 French Road 0 100 200 300 400 i 1 1 1 1 Feet EXHIBIT "A" GILLED 0.6201 ACRES 3001 REALTY GROUP, L.L.C. CF. NO. 2007045766 OPRJC LpT SO O U O z o O o2U Q y 2 N� ��'W 3 � 0.30mC� O pZyp c'ty2 Z 2YF alOW mZ aal�OtnO wrL �5'xaa o a �OCq Q W qrL xWx W W En p W G In C3 sn- 8:r w U W a P y W3UU r02 j0 act o Z3 zow gW� —v� — pU amL 2S3Z-0WTO 'OOg'q'yy��OfW ZED ir—I C •o�i�¢3ov�iw 12 BFAnWE HILLER VOL. 1186, PG. 186 ORJC FND PINCHED PIPE REFERENCE BEARING PER CF NO. 2008041813, OPRJC (GALL S89'13'00"W 80.00) FND S89°13'00" W 1 79.98' 1 FND PINCHED PIPE CALLED 0.5227 ACRES LARRY SPRING CF. NO. 98-9830972 OPRJC FND PINCHED PIPE FND S1215'04'E 46.37' - (CALL 512.42'00- 46.90) FND 1/ 1.AI CHAIN LINK FENCE ON PROPERTY UNE e �0'19�0 ixO . X04 FND PINCHED PIPE INS SURVEY WAS PERFORMED WFFHOUT BENEFIT OF CURRENT TITLE COMWTMENT. BOUNDARY SURVEY ONLY, EASEMENTS; IF ANY NOT RESEARCHED OR SHOWN, WIIH THE D(CE13WN OF THOSE PLATTED. TO THE OWNERS OF THE PREWISES SURVEYED AS OF THE DATE OF THE SURVEY.• 3230 FRENCH ROAD BEAUMONT, TEXAS 77703 VD 112- 1. PIPE 2- I.PIE L R MW S. ROWE DO HERFBI' CERTIFY THAT THIS SURVEY WAS THIS DAY MADE ON THE SURFACE OF THE GROUND OF THE PROPERTY LEGALLY DESCRIBED FND 0.7497 ACRES HEREON AND CORRECTLY REPRESENTS THE FACTS FOUND AT THE 77ME OUT OF AND PART OF LOTS 70 & 71, BLOCK 9 OF THE SURVEY. FRENCH HEIGHTS SUBDMSION 130� 5p G 9 DATE SURVEYED: SEPTEMBER 12, 2012 A WILLAMS SURVEY. ABSTRACT NO. 385 5 JpCG b toF fit4r Ig FND 0.7497 ACRES o Ww U C' PO p m Lot p. LO O TRACT 1 > CJ CALLED 0.76 ACRES ^' A S. & E CALLED 0,036 ACRES ` M q HAZEL AND FLOYD MACK r p SCOUT FOUNDATION, INC, c7o CALLED 0.4546 ACRES CF. NO. 2008041813 ' NTA, INC. OPRJC CF. NO. 2002010511 > OPRJC TRACT 2 CALLED 0.031 ACRES I HAZEL AND FLOYD MUCK SCOUT CF NON2008041813C ` 135 X92) OPRJC 1 Ro X35. FND PINCHED PIPE FND S1215'04'E 46.37' - (CALL 512.42'00- 46.90) FND 1/ 1.AI CHAIN LINK FENCE ON PROPERTY UNE e �0'19�0 ixO . X04 FND PINCHED PIPE INS SURVEY WAS PERFORMED WFFHOUT BENEFIT OF CURRENT TITLE COMWTMENT. BOUNDARY SURVEY ONLY, EASEMENTS; IF ANY NOT RESEARCHED OR SHOWN, WIIH THE D(CE13WN OF THOSE PLATTED. TO THE OWNERS OF THE PREWISES SURVEYED AS OF THE DATE OF THE SURVEY.• 3230 FRENCH ROAD BEAUMONT, TEXAS 77703 VD 112- 1. PIPE 2- I.PIE L R MW S. ROWE DO HERFBI' CERTIFY THAT THIS SURVEY WAS THIS DAY MADE ON THE SURFACE OF THE GROUND OF THE PROPERTY LEGALLY DESCRIBED FND 0.7497 ACRES HEREON AND CORRECTLY REPRESENTS THE FACTS FOUND AT THE 77ME OUT OF AND PART OF LOTS 70 & 71, BLOCK 9 OF THE SURVEY. FRENCH HEIGHTS SUBDMSION VOLUME 6, PAGE 9, MAP RECORDS DATE SURVEYED: SEPTEMBER 12, 2012 A WILLAMS SURVEY. ABSTRACT NO. 385 JEFFERSON COUNTY, TECAS Owner Hazel and Floyd Mack Scout Foundation, Inc. Census. 5.00 Inaccordance In accordance with the Flood Hazard Boundary i ; iF 7,'',....... � 1?� % Map, Department of Housing and Urban Development. 5728 j' Community No.: 485457 Panel No.: 0035 C 'z �'�•., ESS,• f/ Gate of FIRM: 8-6-02 This property lies in Zone V (white). Location on THOMAS S. ROWE - REGISTERED PROFESSIONAL LAND SURVEYOR No. 5728 map determined by scale on map. Actual field elevation not determined. Mark W. Whiteley and +AN'D . WBITELEY Associates does not warrant nor subscribe to the P. 0, BOA 5492 acruraty or scale of said maps. ASSOCIATES BEAUMONT, TERAS 77726-5492 INCORPORATED 409-892-D421 Zone �� (white) am areas determined to be MNG ENGINEERS, 325D FASTED FRWY. outside 500 -year flood plain. ORS, AND FLWNE RS HEA260 E TE1tFS 77703© 2010 k rk W. xhlldry d Asocial sInc (FAX) 409-892-1348 �` w wn Id r m9 minim�o e d i Wf. � ,* cIi�d or dia63otrd, in �h k - pori Without the •rill. wfhoriz➢I%on W.•12012112 -730112-73n nwr_t rnn kora W. whi:d�y x An d.W, Ing. EXHIBIT "B" LOT BO B L 0 C K 6 .M. / VICINITY MAP s4o,� / / s:r LOT 72 / LOT 71 b / LOT 70 A -/ kN0. li l "CNSION GATE N0. "[NSION OATS BOUNDARY SURVEY'; J230 FRENCH_ ROAO •w m OF 3230 FRENCH ROA ; Fitt WShipman MT DA —T� . No Text FLOOR PLAN iii "Q SCALE" 1/4" = 1'-0" T February 28, 2017 Consider a request to abandon a 100'x10' portion of the alley in Block 3, La Salle Addition, Beaumont, Jefferson County, Texas BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Chris Boone, Planning & Community Development Director MEETING DATE: February 28, 2017 REQUESTED ACTION: Consider a request to abandon a 100'x10' portion of the alley in Block 3, La Salle Addition, Beaumont, Jefferson County, Texas. BACKGROUND Charlotte Ann Bordeman, owner of 4630 Jimmy Simmons Boulevard, has applied for the abandonment of a portion of the alley in Block 3, La Salle Addition. Ms. Bordeman states that her property is small and the additional five (5) feet across the rear would be helpful. In addition, a property to the west of 4630 Jimmy Simmons Boulevard may be for sale, and Ms. Bordeman has considered purchasing the property. The existing alleyway would not allow the two (2) properties to be fenced as one. At a Joint Public Hearing held on February 20, 2017, the Planning Commission recommended 6:0 to approve a request for property located at 4630 Jimmy Simmons Boulevard to abandon a 100'x10' portion of the alley in Block 3, La Salle Addition, Beaumont, Jefferson County, Texas. FUNDING SOURCE Not applicable. RECOMMENDATIONS Approval of the 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 ABANDON A RIGHT-OF-WAY BUT RETAIN A UTILITY EASEMENT. NAME OF APPLICANT: Charlotte Ann Bordeman PHONE: 409-832-8196 FAX: AUTHORITY OF APPLICANT: NAME OF OWNER: Same PHONE: Same F ADDRESS: 4630 Universitv Dr. (AKA Jimmv Simmons Blvd.), Beaumont, TX 77705 ALL OWNERS ABUTTING THE ROW OR UE MUST SIGN WRITTEN REQUEST. (PLEASE ATTACH PROPERTY OWNER'S LIST TO THE APPLICATION) DESCRIPTION OF ROW OR UE TO BE ABANDONED: Approximately 62.5 ft x 10 ft alley-adja� AM /A T 7/l S1 vl� r LaSalle �� B3 = _. PRESENT USE OF ROW OR UE (LIST UTILITIES IF PRESENT) None ATTACH A LETTER STATING THE REASONS FOR THE ABANDONMENT. LEGAL DESCRIPTION OF PROPERTY: LOT NO. N3/4 L20 and S 1/2 L21 OR TRACT BLOCK NO PLAT ADDITION LaSalle SURVEY ATTACH A MAP OR PLAT DELINEATING THE PUBLIC ROW OR UE TO BE ABANDONED AND THE LEGAL DESCRIPTION OF ADJACENT PROPERTY (DIM[ENSIONED 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 INFORMATION IS TRUE AND CORRECT. SIGNATURE OF//I� //jj APPLICANT: C�� d& -z DATE:/ PLEASE TYPE OR PRINT AND SUBMIT TO: CITY OF BEAUMONT PLANNING DIVISION FILE NUMBER: 801 MAIN STREET, SUITE 201 BEAUMONT, TX 77701 DATE RECEIVED: Phone - (409) 880-3764 Fax - (409) 880-3133 APPLICATION FOR PUBLIC RIGHT-OF-WAY, ALLEY OR UTILITY EASEMENT ABANDONMENT Application Ownership List Date: i7Z lI 1-2,v17- We, -2,v17 We, the undersigned, being the sole owners of all the property abutting the proposed abandonment of Approximately 62.5 ft x 10 ft alley adjacent to LaSalle N3/4 L20 B3 & Sl/2 L21 B3 (4630 Universijy Dr [AKA Jimmy Simmons Blvd.1, Beaumont TX) , hereby respectfully petition that the right-of-way, alley, or utility easement be closed and abandoned. OWNER and ADDRESS -&-a azgQ) - Bhupes Pate , 7410 Pebble Beach Dr., Beaumont, TX 77707 Lot Block Addition (tract), (tax plat) (survey) N1/2 L21 L22 B3 LaSalle (4606 University Dr., Beaumont, TX) NOTE: Please print or type your name and then use signature. Separate sheets may be used. APPLICATION FOR PUBLIC RIGHT-OF-WAY, ALLEY OR UTILITY EASEMENT ABANDONMENT Application Ownership List Date: �� 1 We, the undersigned, being the sole owners of all the property abutting the proposed abandonment of Approximately 62.5 ft x 10 ft alley adjacent to LaSalle N3/4 L20 B3 & SI/2 L21 B3 (4630 University Dr [AKA Jimmy Simmons Blvd.], Beaumont, TX) , hereby respectfully petition that the right-of-way, alley, or utility easement be closed and abandoned. OWNER and ADDRESS . P/ n' -j �I'L'4ju q'q .0 - Wiuy-iTele V ickers, 3 KerryCircle, Vidor, TX 77662 Lot Block Addition (tract), (tax plat) (survey) L19 S1/4 L20 B3 LaSalle (4610 University Dr., Beaumont, TX) NOTE: Please print or type your name and then use signature. Separate sheets may be used. APPLICATION FOR PUBLIC RIGHT-OF-WAY, ALLEY OR UTILITY EASEMENT ABANDONMENT Application Ownership List Date: /--Z " jr — / 6 We, the undersigned, being the sole owners of all the property abutting the proposed abandonment of Approximately 62.5 ft x 10 ft alleydjacent to LaSalle N3/4 L20 133 & Sl/2 L21 133 (4630 University Dr LAKA Jimmy Simmons Blvd.], Beaumont, TX) , hereby respectfully petition that the right-of-way, alley, or utility easement be closed and abandoned. OWNER and ADDRESS Loyc Trahan, 1130 Shakespeare Dr., Beaumont, TX 77706 Lot Block Addition (tract), (tax plat) (survey) L4 B3 LaSalle (4621 Hartel St., Beaumont, TX) NOTE: Please print or type your name and then use signature. Separate sheets may be used. Charlotte Bordeman 4630 Jimmy Simmons Blvd. (formerly University Dr.), Beaumont, TX 77705 (H) 409-832-8196 (C) 409-673-2090 January 12, 2017 City of Beaumont Planning Division 801 Main Street, Suite 201 Beaumont, TX 77701 Gentlemen: Subject: Application for Abandonment of Alley at 4630 Jimmy Simmons Blvd. (formerly University Dr.), Beaumont, TX Enclosed is the completed Application for Right -of -Way or Utility Easement Abandonment. I am requesting that the subject 10 -foot utility alley behind my property be abandoned since it is no longer used. I have spoken with all the utility companies listed on the attached sheet furnished by the Planning Division, and all agree to the abandonment. Owners of three properties adjacent to mine have agreed to the abandonment. However, I have not received a reply from Benny Cooper/Carolyn McCullough who owned the lot at 4639 Hartel. It is my understanding that the county has seized this property and will auction it in the spring, and I am considering purchasing it. My lot is very small, and the extra five feet in the rear would benefit me greatly if I decide to put up a fence or a storage building or add a room to my house. I would appreciate your approval to abandon this alley. Regards, Charlotte Bordeman Enclosures: Application to Abandon Alley Check #1002 for $300 Application Fee Map of Alley List of Utility Companies ORDINANCE NO. ENTITLED AN ORDINANCE VACATING AND ABANDONING AN ALLEY LOCATED AT 4630 JIMMY SIMMONS BOULEVARD, BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS, Charlotte Ann Bordeman has applied for an abandonment of a portion of the alley located at 4630 Jimmy Simmons Boulevard, being a 100' portion of a 10' wide alley beginning at the north property lines of Lots 4 & 21, Block 3, La Salle Addition and extending in an southerly direction for a distance of approximately 200' to the south property lines of Lots 5 & 20, Block 3, La Salle Addition, City of Beaumont, Jefferson County, Texas, containing 0.023 acres, more or less, as shown on Exhibit "A," attached hereto; and; WHEREAS, the City Council has considered the purpose of said abandonment and is of the opinion that the alley is no longer necessary for municipal street purposes and the abandonment of said alley 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 ordinance are hereby, in all things, approved and adopted; and, THAT an alley located at 4630 Jimmy Simmons Boulevard, being a 100' portion of a 10' wide alley beginning at the north property lines of Lots 4 & 21, Block 3, La Salle Addition and extending in an southerly direction for a distance of approximately 200' to the south property lines of Lots 5 & 20, Block 3, La Salle Addition, City of Beaumont, Jefferson County, Texas, containing 0.023 acres, more or less, shown on Exhibit "A," 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 28th day of February, 2017. - Mayor Becky Ames - File 869-OB: A request for the abandonment of a 62.21%10' portion of the alley in Block 3, _ La Salle Addition, Beaumont, Jefferson County, Texas. pplicant: Charlotte Ann Bordeman Location: Bordered by East Virginia Street, Alabama Avenue, Jimmy Simmons Boulevard and Hartel Street. o loo Zoo Feet Al EXHIBIT "A" / F'G OS .. 1J.. - 6:9G� •n/� Ua V7 WV V7V o WpOH r =0 G z/ 9/ 9/= t/- 8l - 61 OZ v L rt a O o •� ; V 4 44 G �f-8 G28 GAP 1 syg •. �G 8 t 4-�1.. i rin r.. 1 r � a 9/ a 0 Z v � I/ Ol1 6 8� L -9 i� d'i - o so - m 9?r-j 'oat! "7�a►isnynY, d3so77 133y�5 - v As , '7-,;-=. , o cryo oO OS` 6 -% - U M� - oa ,a�c�o V- c, ' t4C �Zl �44\ Fl. 9/ 9/ L/ - 8l 61 OZ IZ aZ cWJ �a ' .z ri Zf of z� y w Og OG 1 r � a 9/ a 0 1 February 28, 2017 Consider a resolution of support for the passage of legislation for the creation of a municipal management district within the boundaries of the City of Beaumont BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tyrone E. Cooper, City Attorney MEETING DATE: February 28, 2017 REQUESTED ACTION: Council consider a resolution of support for the passage of legislation for the creation of a municipal management district within the boundaries of the City of Beaumont. BACKGROUND New Quest Properties is interested in creating a municipal management district within the city limits of the City of Beaumont with the purpose of developing a multi -use development in the City. This municipal management district would require special legislation in the 85th Texas Legislature to allow for the creation of the district. A resolution of support is necessary from the City Council in order to move the legislation forward. The proposed municipal management district would include t 364.6 acres bordered on the north by Delaware Street; on the east by Dowlen Road and on the south by Gladys Ave. FUNDING SOURCE N/A RECOMMENDATION Approval of resolution. RESOLUTION NO. WHEREAS, a municipal management district (the "District") is proposed to be created by the Texas Legislature over the land shown in Exhibit 'A," attached hereto, within the City of Beaumont, Texas (the "City"), for the benefit of the public, including the construction and maintenance of water, sewer, and drainage facilities, roads and park and recreational facilities; and, and, WHEREAS, the City desires to support legislation for the creation of the District, WHEREAS, the Texas Local Government Code provides that land within a city's boundaries may not be included within a municipal management district without the city's written consent; 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 Council supports the passage of special legislation in the 85th Texas Legislature for the creation of the District; and, THAT this resolution shall be in full force and effect from and after its passage. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 28th day of February, 2017. - Mayor Becky Ames - DELAWARE EXTENSION RIGHT-OF-WAY 4.444 ACRES U N 2T59'07$ - 251.59' C2 D.- 6.3-1014' Rt 5120.55' L- 1654.44' C.- 1519.05' CSRO.- N 1204'14$ L5 x 04'1174$ - 205.44' N 0.- 51'25'3'/' R.- 3020.65' L- 1569.51' C.= 1536.61' COOS.- S 43-43'267 I6. s a4'/a•9rN - 4z9.55' I! x 01'21.46.7 - 201T9' `sU wox aoo � - x99 93- * s Sac v+5w ca9r43 a. � i 5291 MONID4RNTATION TRCENTI, • FOUND IRON ROD O FOUND IRON PIPE 0 FOUND DISC O' FOUND CONC. MONUMENT DRAINAGE BASIN TRACT 16.546 ACRES SI N 52'02'4]7 - 530.32' 62 N ee'43'34'E - 53.29' SS N 0T36'13$ - 9TI.02' 04 N 14'42.497 - 426.77' SS N wain - 154.61' m S IP42'49'E - 450.40 84 N ana 0e'E - 380.55' SB S01'29'54$ - 160.00• M S 03-30.04$ - 10250' 010 S 0199fi4$ - 365.50' 011 S 13-19.407 - 300.45' 012 S 3TFr137 - 49210' REVISION NOTE: REVISED ON TUE.31 MAY 2005 TO CENTER DITCH 121 TRACT ON CENTER OF EXISTING DRAINAGE DITCH HILCORP ENERGY I. L.P. 364.592 ACRES LESS: 3.00 (RESERVED TRACT) 4.444 (DELAWARE R.O.W.) 15.093 (DITCH 121 TRACT) 18.546 (HILCORP EAST BASIN TRACT) TOTAL: 323.509 ACRES HILCORP ENERGY I, L.P. BOUNDARY SURVEY BEAUMONT FIELD TRACTS OUT OF THE HEZEKIAH WILLIAMS LEAGUE, ABSTRACT 56 JEFFERSON COUNTY, BEAUMONT, TEXAS EXHIBIT "A" 99ux.cc 915TR1C[ Na, e wcmEmwe oeeemla9r xm.xz m� x554 t February 28, 2017 Consider a resolution approving the award of a contract to Fleetcor Technologies Operating Company dba Fuelman, of Norcross, Georgia to supply fuel at automated City -owned fuel sites • 0 BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Todd Simoneaux, Chief Financial Officer MEETING DATE: February 28, 2017 REQUESTED ACTION: Council consider a resolution approving the award of a contract to Fleetcor Technologies Operating Company dba Fuelman, of Norcross, Georgia to supply fuel at automated City -owned fuel sites. BACKGROUND The City maintains two (2) automated fuel sites on City property. Bids were solicited for a three (3) year contract to supply gasoline and diesel fuel to these sites. There is an option for two (2) renewals of one (1) year each. Fuel cards are assigned to individual City vehicles and may be used to obtain fuel from contracted retail locations or from the City -owned sites. Pricing is based on the Oil Price Information Service (OPIS) published rates for Beaumont, Texas. The OPIS posts rates for PADD 3, which is the Gulf Coast Region including the State of Texas. Contract prices are based on the Beaumont Rack Price as printed in the OPIS PADD 3 report for the previous week. Thus, the rate that the City will pay will change weekly based on the weekly OPIS rate plus the service fee for dispensing the fuel as outlined below. In FYI 6, the City spent about $1,578,000 for fuel at the automated locations. Bids were solicited from eleven (11) vendors. The sole response was from Fuelman, who held the previous contract. Pricing is as follows: LOCATIONS OPIS PADD 3 POSTED RATE PLUS OPIS PADD 3 POSTED RATE PLUS Unleaded Diesel City -owned consignment locations $0.134 / gal $0.134 / gal Retail locations $0.124 / gal $0.244 / gal Unattended locations $0.144 / gal $0.144 / gal FUNDING SOURCE General (63%), Water (16%) and Solid Waste (21%) Fund. RECOMMENDATION Approval of the resolution. RESOLUTION NO. WHEREAS, bids were received for a three (3) year contract, with an option for two (2) renewals of one (1) year each, for the purchase of unleaded gasoline and diesel fuel for automated fuel sites on City property; and, WHEREAS, Fleetcor Technologies Operating Company dba Fuelman, of Norcross, Georgia, submitted a bid for the supply of unleaded gasoline and diesel fuel as follows: LOCATIONS OPIS PADD 3 POSTED RATE PLUS OPIS PADD 3 POSTED RATE PLUS Unleaded Diesel City -owned consignment locations $0.134 / gal $0.134 / gal Retail locations $0.124 / gal $0.244 / gal Unattended locations $0.144 / gal $0.144 / gal ; and, WHEREAS, the City Council is of the opinion that the bid submitted by Fleetcor Technologies Operating Company dba Fuelman, of Norcross, Georgia, 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 the bid submitted by Fleetcor Technologies Operating Company dba Fuelman, of Norcross, Georgia, for the supply of unleaded gasoline and diesel fuel for automated fuel sites, as shown above, be accepted by the City of Beaumont; and, THAT the City Manager be and he is hereby authorized to execute a contract with Fleetcor Technologies Operating Company dba Fuelman for the purposes described herein. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 28th day of February, 2017. - Mayor Becky Ames - February 28, 2017 Consider a resolution approving the award of a contract to Tri -Con of Beaumont to supply fuel at non -automated fuel sites BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Todd Simoneaux, Chief Financial Officer MEETING DATE: February 28, 2017 REQUESTED ACTION: Council consider a resolution approving the award of a contract to Tri -Con of Beaumont, Texas to supply fuel at non -automated fuel sites. BACKGROUND The City maintains seven (7) non -automated fuel sites on City property. Bids were solicited for a three (3) year contract to supply gasoline and diesel fuel to these sites. There is an option for two (2) renewals of one (1) year each. Pricing is based on the Oil Price Information Service (OPIS) published rates for Beaumont, Texas. The OPIS posts rates for PADD 3, which is the Gulf Coast Region including the State of Texas. Contract prices are based on the Beaumont Rack Price as printed in the OPIS PADD 3 report for the previous week. Thus, the rate that the City will pay will change weekly based on the weekly OPIS rate plus the service fee for dispensing the fuel as outlined in the attached bid tab. In FYI 6, the City spent about $135,000 for fuel at the non -automated locations. Bids were solicited from eleven (11) vendors. Only two (2) responses were received. Tri -Con is the lowest priced responsible vendor and held the previous contract. The price per gallon above the OPIS rate for unleaded and diesel is $0.1399. The price per gallon above the OPIS rate in the previous contract was $0.1299. The section II bid tab is attached. FUNDING SOURCE General (7%) and Solid Waste (93%) Fund. RECOMMENDATION Approval of the resolution. City of Beaumont, Beaumont, Texas Purchasing Division, Bid Tabulation Bid Name: Tri -Annual Contract for Motor Fuels (Gasoline and Diesel), Fuel Card System and Emergency Fuel (REBID) Bid Number: PF0117-04 Bid Opening Date: Thursday, February 9, 2017 Vendor Name City / State FleetCor Technologies dba Fuelman Norcross, Ga. Sun Coast Resources Houston, TX. Tri -Con, Inc. Beaumont, TX. Macro Companies, Inc. Broussard, LA. SECTION I OPIS PADD 3 POSTED RATE OPIS PADD 3 POSTED RATE OPIS PADD 3 POSTED RATE OPIS PADD 3 POSTED RATE UNLEADED GASOLINE City owned consignment location $0.134 / gal No Bid No Bid No Bid Off site retail location $0.124 / gal No Bid No Bid No Bid Unattended sites $0.144 / gal No Bid No Bid No Bid ULTRA-LOW SULFUR DIESEL City owned consignment location $0.134 / gal No Bid No Bid No Bid Off site retail location $0.244 / gal No Bid No Bid No Bid Unattended sites $0.144 / gal No Bid No Bid No Bid Brand or Trade Name SECTION II OPIS PADD 3 POSTED RATE Tankwagon Transport OPIS PADD 3 POSTED RATE Tankwagon Transport OPIS PADD 3 POSTED RATE Tankwagon Transport OPIS PADD 3 POSTED RATE Tankwagon Transport Unleaded Gasoline No Bid / XXXXXXXXXXX $+.7500 /Gal / XXXXXXXXX $0.1399 / Gal / XXXXXXXXX No Bid / XXXXXXXXXXX Ultra -Low Sulfur Diesel No Bid / No Bid $+.6490 / Gal / $+.0880/gal $0.1399 /Gal / $0.0289 /Gal No Bid Brand or Trade Name No Bid Various unbranded rack suppliers Valero RESOLUTION NO. WHEREAS, bids were received for a three (3) year contract, with an option for two (2) renewals of one (1) year each, for the purchase of unleaded gasoline and diesel fuel for non -automated fuel sites; and, WHEREAS, Tri -Con Inc., of Beaumont, Texas, submitted a bid for the supply of unleaded gasoline and diesel at $.1399 per gallon above the Oil Price Information Service (OPIS) published rate; and, WHEREAS, the City Council is of the opinion that the bid submitted by Tri -Con, Inc., of Beaumont, Texas, 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 the bid submitted by Tri -Con, Inc., of Beaumont, Texas, for the supply of unleaded gasoline and diesel for non -automated fuel sites at $.1399 per gallon above the Oil Price Information Service (OPTS) published rate for Beaumont, Texas be accepted by the City of Beaumont; and, THAT the City Manager be and he is hereby authorized to execute a contract with Tri -Con, Inc. for the purposes described herein. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 28th day of February, 2017. - Mayor Becky Ames - February 28, 2017 Consider a resolution authorizing the City Manager to execute Amendment No. 1 to the Local Transportation Project Advanced Funding Agreement with the Texas Department of Transportation (TxDOT) for the Dowlen Road Extension Project BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Dr. Joseph Majdalani, P.E., Public Works Director MEETING DATE: February 28, 2017 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to execute Amendment No. 1 to the Local Transportation Project Advanced Funding Agreement with the Texas Department of Transportation (TxDOT) for the Dowlen Road Extension Project. BACKGROUND The City of Beaumont received an earmark in the amount of $2,764,800 in 2005 from the Federal Highway Administration related to the Dowlen Road Extension Project from US Highway 90 (College Street) to Walden Road. The City's share of the project ($18,300,000 - $2,764,800 earmark) is estimated at $15,535,200. The City does not have the necessary funds at this time to move forward with the project and will likely lose the earmark if the funds are not redirected. As a result, the City's Administration has worked with TxDOT to utilize the $2,764,800 earmark to build out the intersection of Washington Boulevard where the Dowlen Road Extension would eventually go through. This plan was presented to City Council on October 25, 2016. Amendment No. 1 (see attachment) defines the scope of work. The estimated construction cost is $3,616,904 with the estimated City of Beaumont share at $692,240. FUNDING SOURCE Capital Program. RECOMMENDATION Approval of the resolution. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to execute Amendment No. 1 to the Local Transportation Project Advanced Funding Agreement with the Texas Department of Transportation (TxDOT) for the Dowlen Road Extension Project, which defines the scope of work, changing the limits of the project to approximately 0. 15 miles north of Washington Boulevard and to approximately 0.15 miles south of Washington Boulevard. The amendment is substantially in the form attached hereto as Exhibit "A" and made a part hereof for all purposes. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 28th day of February, 2017. - Mayor Becky Ames - STATE OF TEXAS § COUNTY OF TRAVIS § CSJ # 0920-38-189 District # 20 - BMT Code Chart 64 # 03200 Project: Dowlen Road Extension Federal Highway Administration CFDA Title: Highway Planning and Construction CFDA No.: 20.205 Not Research and Development ADVANCE FUNDING AGREEMENT AMENDMENT #1 THIS AMENDMENT is made by and between the State of Texas, acting through the Texas Department of Transportation, called the State, and the City of Beaumont, acting by and through its duly authorized officials, called the Local Government. WITNESSETH WHEREAS, the State and the Local Government executed a contract on the 14th of June 2007 to effectuate their agreement to construct a new location roadway; and, WHEREAS, it has become necessary to amend that contract; NOW THEREFORE, in consideration of the premises and of the mutual covenants and agreements of the parties, the State and the Local Government do agree as follows: AGREEMENT 1. Description of Amended Items With this amendment, the scope and budget for this project are reduced Attachment B, Project Location Map, is deleted in its entirety and is replaced with Attachment B-1 Project Location Map, which is attached to and made part of this amendment. The limits for the project have been reduced to those shown on the location map. Attachment C, Project Budget Estimate and Source of Funds, is deleted in its entirety and is replaced with Attachment C-1 Project Budget Estimate and Source of Funds, which is attached to and made part of this amendment. The budget is decreased from $11,834,000 to $3,616,904 based on a reduction in limits and a reduced scope of work. In addition, the Construction Responsibilities and the responsibility for the Architectural and Engineering Services are being changed from the State to the Local Government. Articles 4, 9, 10, 12.a, 12.b, 12.d, 12.f, 13, and 16 of the original agreement are deleted in their entirety and replaced with the following: AFA—AFA—Amend Page 1 of 9 Revised 03/23/16 EXHIBIT "A" CSJ # 0920-38-189 District # 20 - BMT Code Chart 64 # 03200 Project: Dowlen Road Extension Federal Highway Administration CFDA Title: Highway Planning and Construction CFDA No.: 20.205 Not Research and Development 4. Scope of Work The scope of work for this LPAFA is described as the construction of a new 4 -lane roadway to be designated as Dowlen Road that will run from approximately 0. 15 miles north of Washington Blvd south to approximately 0.15 miles south of Washington Blvd. Drainage improvements to carry storm water runoff from the roadway will be constructed from Jane's Gully on the north end south to the Lower Neches Valley Authority (LNVA) Canal. The overall project limits are shown on Attachment B-1. 9. Architectural and Engineering Services Architectural and engineering services will be provided by the Local Government as stated in the Master Agreement. The Local Government is responsible for performance of any required architectural or preliminary engineering work. For projects on the state highway system, the design shall, at a minimum conform to applicable State manuals. For projects not on the state highway system, the design shall, at a minimum, conform to applicable American Association of State Highway and Transportation Officials design standards. The State may review and comment on the work as required to accomplish the public purposes of the Local Government. The Local Government will cooperate fully with the State in accomplishing these local public purposes to the degree permitted by State and Federal law. 10.Construction Responsibilities Construction responsibilities will be carried out by the Local Government as stated in the Master Agreement. 12. Local Project Sources and Uses of Funds a. A Project Budget Estimate is provided in Attachment C-1. The State and the Federal Government will not reimburse the Local Government for any work performed before the federal spending authority is formally obligated to the Project by the Federal Highway Administration. After federal funds have been obligated, the State will send to the Local Government a copy of the formal documentation showing the obligation of funds including federal award information. The Local Government is responsible for one hundred percent (100%) of the cost of any work performed under its direction or control before the Federal spending authority is formally obligated. b. A Source of Funds estimate based on the Transportation Improvement Program (TIP) is also provided in Attachment C-1. Attachment C-1 shows the percentage and estimated dollar amount to be contributed to the project by federal, state, and local sources. The parties agree that the LPAFA may be amended from time to time as required to meet the funding commitments based on revisions to the TIP, Federal Project Authorization and Agreement (FPAA), or other federal document. d. Prior to the performance of any engineering review work by the State, the Local Government will pay to the State the amount specified in Attachment C-1. At a minimum, this amount shall equal the Local Government's funding share for the estimated cost of preliminary engineering for the project. At least sixty (60) days prior to the date set for receipt of the construction bids, the Local Government shall remit its remaining financial share for the State's estimated construction oversight and construction costs. AFA—AFA Amend Page 2 of 9 Revised 03/23/16 CSJ # 0920-38-189 District # 20 - BMT Code Chart 64 # 03200 Project: Dowlen Road Extension Federal Highway Administration CFDA Title: Highway Planning and Construction CFDA No.: 20.205 Not Research and Development Whenever funds are paid by the Local Government to the State under this Agreement, the Local Government shall remit a check or warrant made payable to the "Texas Department of Transportation." The check or warrant shall be deposited by the State and managed by the State. Funds may only be applied by the State to the Project. If after final Project accounting any excess funds remain, those funds may be applied by the State to the Local Government's contractual obligations to the State under another advance funding agreement with approval by appropriate personnel of the Local Government. 13. Document and Information Exchange The Local Government agrees to electronically deliver to the State all general notes, specifications, contract provision requirements, and related documentation in a Microsoft® Word or similar document. If requested by the State, the Local Government will use the State's document template. The Local Government shall also provide a detailed construction time estimate including types of activities and month in the format required by the State. This requirement applies whether the Local Government creates the documents with its own forces or by hiring a consultant or professional provider. At the request of the State, the Local Government shall submit any information required by the State in the format directed by the State. 16. Debarment Certification The parties are prohibited from making any award at any tier to any party that is debarred or suspended or otherwise excluded from or ineligible for participation in Federal Assistance Programs under Executive Order 12549, "Debarment and Suspension." By executing this Agreement, the Local Government certifies that it and its principals are not currently debarred, suspended, or otherwise excluded from or ineligible for participation in Federal Assistance Programs under Executive Order 12549 and further certifies that it will not do business with any party, to include principals, that is currently debarred, suspended, or otherwise excluded from or ineligible for participation in Federal Assistance Programs under Executive Order 12549. The parties to this contract shall require any party to a subcontract or purchase order awarded under this contract to certify its eligibility to receive federal funds and, when requested by the State, to furnish a copy of the certification. Articles 12.i, 12J, 17, 18, 19, 20, 21, 22, 23 are added to the agreement as follows: 12. Local Project Sources and Uses of Funds i. Payment under this contract beyond the end of the current fiscal biennium is subject to availability of appropriated funds. If funds are not appropriated, this contract shall be terminated immediately with no liability to either party. j. The Local Government is authorized to submit requests for reimbursement by submitting the original of an itemized invoice in a form and containing all items required by the State no more frequently than monthly and no later than ninety (90) days after costs are incurred. If the Local Government submits invoices more than ninety (90) days after the costs are incurred, and if federal funding is reduced as a result, the State shall have no responsibility to reimburse the Local Government for those costs. AFA AFA_Amend Page 3 of 9 Revised 03/23/16 CSJ # 0920-38-189 District # 20 - BMT Code Chart 64 # 03200 Project: Dowlen Road Extension Federal Highway Administration CFDA Title: Highway Planning and Construction CFDA No.: 20.205 Not Research and Development 17. Cost Principles and Office of Management and Budget (OMB) Audit Requirements In order to be reimbursed with federal funds, the parties shall comply with the Cost Principles established in 2 CFR 200 that specify that all reimbursed costs are allowable, reasonable, and allocable to the Project. 18. Notices All notices to either party shall be delivered personally or sent by certified or U.S. mail, postage prepaid, addressed to that party at the following address: Local Government: City Manager City of Beaumont 801 Main Street, Suite 300 Beaumont, TX 77701 State: Director of Contract Services Texas Department of Transportation 125 E. 11 Department Austin, Texas 78701 All notices shall be deemed given on the date delivered in person or deposited in the mail, unless otherwise provided by this agreement. Either party may change the above address by sending written notice of the change to the other party. Either party may request in writing that notices shall be delivered personally or by certified U.S. mail, and that request shall be carried out by the other party. 19. Civil Rights Compliance A. Compliance with Regulations: The Local Government will comply with the Acts and the Regulations relative to Nondiscrimination in Federally -assisted programs of the U.S. Department of Transportation (USDOT), the Federal Highway Administration (FHWA), as they may be amended from time to time, which are herein incorporated by reference and made part of this agreement. B. Nondiscrimination: The Local Government, with regard to the work performed by it during the contract, will not discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors, including procurement of materials and leases of equipment. The Local Government will not participate directly or indirectly in the discrimination prohibited by the Acts and the Regulations, including employment practices when the contract covers any activity, project, or program set forth in Appendix B of 45 CFR Part 21. C. Solicitations for Subcontracts Including Procurement of Materials and Equipment: In all solicitations either by competitive bidding or negotiation made by the Local Government for work to be performed under a subcontract, including procurement of materials or leases of equipment, each potential subcontractor or supplier will be notified by the Local Government of the Local Government's obligations under this contract and the Acts and Regulations relative to Nondiscrimination on the grounds of race, color, or national origin. AFA—AFA Amend Page 4 of 9 Revised 03/23/16 CSJ # 0920-38-189 District # 20 - BMT Code Chart 64 # 03200 Project: Dowlen Road Extension Federal Highway Administration CFDA Title: Highway Planning and Construction CFDA No.: 20.205 Not Research and Development D. Information and Reports: The Local Government will provide all information and reports required by the Acts, the Regulations, and directives issued pursuant thereto, and will permit access to its books, records, accounts, other sources of information, and facilities as may be determined by the State or the FHWA to be pertinent to ascertain compliance with such Acts, Regulations or directives. Where any information required of the Local Government is in the exclusive possession of another who fails or refuses to furnish this information, the Local Government will so certify to the State or the Federal Highway Administration, as appropriate, and will set forth what efforts it has made to obtain the information. E. Sanctions for Noncompliance: In the event of the Local Government's noncompliance with the Nondiscrimination provisions of this contract, the State will impose such contract sanctions as it or the FHWA may determine to be appropriate, including, but not limited to: a. withholding of payments to the Local Government under the contract until the Local Government complies and/or b. cancelling, terminating, or suspending of the contract, in whole or in part. F. Incorporation of Provisions: The Local Government will include the provisions of paragraphs (A) through (F) in every subcontract, including procurement of materials and leases of equipment, unless exempt by the Acts, the Regulations and directives issued pursuant thereto. The Local Government will take such action with respect to any subcontract or procurement as the State or the FHWA may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, that if the Local Government becomes involved in, or is threatened with, litigation with a subcontractor or supplier because of such direction, the Local Government may request the State to enter into such litigation to protect the interests of the State. In addition, the Local Government may request the United States to enter into such litigation to protect the interests of the United States. 20. Disadvantaged Business Enterprise (DBE) Program Requirements A. The parties shall comply with the Disadvantaged Business Enterprise Program requirements established in 49 CFR Part 26. B. The Local Government shall adopt, in its totality, the State's federally approved DBE program. C. The Local Government shall set an appropriate DBE goal consistent with the State's DBE guidelines and in consideration of the local market, project size, and nature of the goods or services to be acquired. The Local Government shall have final decision- making authority regarding the DBE goal and shall be responsible for documenting its actions. D. The Local Government shall follow all other parts of the State's DBE program referenced in TxDOT Form 2395, Memorandum of Understanding Regarding the Adoption of the Texas Department of Transportation's Federally -Approved Disadvantaged Business Enterprise by Entity, and attachments found at web address http://ftp. dot. state.tx.us/pub/txdot-info/bop/dbe/mou/mou attachments.odf. E. The Local Government shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of any U.S. Department of Transportation (DOT)- AFA—AFA Amend Page 5 of 9 Revised 03/23/16 CSJ # 0920-38-189 District # 20 - BMT Code Chart 64 # 03200 Project: Dowlen Road Extension Federal Highway Administration CFDA Title: Highway Planning and Construction CFDA No.: 20.205 Not Research and Development assisted contract or in the administration of its DBE program or the requirements of 49 CFR Part 26. The Local Government shall take all necessary and reasonable steps under 49 CFR Part 26 to ensure non-discrimination in award and administration of DOT -assisted contracts. The State's DBE program, as required by 49 CFR Part 26 and as approved by DOT, is incorporated by reference in this agreement. Implementation of this program is a legal obligation and failure to carry out its terms shall be treated as a violation of this agreement. Upon notification to the Local Government of its failure to carry out its approved program, the State may impose sanctions as provided for under 49 CFR Part 26 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 and the Program Fraud Civil Remedies Act of 1986 (31 U.S.C. 3801 et seq.). F. Each contract the Local Government signs with a contractor (and each subcontract the prime contractor signs with a sub -contractor) must include the following assurance: The contractor, sub -recipient, or sub -contractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT -assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this agreement, which may result in the termination of this agreement or such other remedy as the recipient deems appropriate. 21. Federal Funding Accountability and Transparency Act Requirements A. Any recipient of funds under this Agreement agrees to comply with the Federal Funding Accountability and Transparency Act (FFATA) and implementing regulations at 2 CFR Part 170, including Appendix A. This agreement is subject to the following award terms: ham://www.gpo.gov/fdsys/pkg/FR-2010-09-14/pdf/2010-22705.pdf and http://www.qpo.gov/fdsys/pkq/FR-2010-09-14/pdf/2010-22706.pdf B. The Local Government agrees that it shall. - 1 . hall: 1. Obtain and provide to the State a System for Award Management (SAM) number (Federal Acquisition Regulation, Part 4, Sub -part 4.11) if this award provides more than $25,000 in Federal funding. The SAM number may be obtained by visiting the SAM website whose address is: https://www.sam.gov/portal/public/SAM/ 2. Obtain and provide to the State a Data Universal Numbering System (DUNS) number, a unique nine -character number that allows the Federal government to track the distribution of federal money. The DUNS number may be requested free of charge for all businesses and entities required to do so by visiting the Dun & Bradstreet (D&B) on-line registration website http://fedgov.dnb.com/webform; and 3. Report the total compensation and names of its top five (5) executives to the State if: i. More than 80% of annual gross revenues are from the Federal government, and those revenues are greater than $25,000,000; and ii. The compensation information is not already available through reporting to the U.S. Securities and Exchange Commission. AFA—AFA—Amend Page 6 of 9 Revised 03/23/16 CSJ # 0920-38-189 District # 20 - BMT Code Chart 64 # 03200 Project: Dowlen Road Extension Federal Highway Administration CFDA Title: Highway Planning and Construction CFDA No.: 20.205 Not Research and Development 22. Single Audit Report A. The parties shall comply with the requirements of the Single Audit Act of 1984, P.L. 98- 502, ensuring that the single audit report includes the coverage stipulated in 2 CFR 200. B. If threshold expenditures of $750,000 or more are met during the fiscal year, the Local Government must submit a Single Audit Report and Management Letter (if applicable) to TxDOT's Compliance Division, 125 East 11 th Street, Austin, TX 78701 or contact TxDOT's Compliance Division at singleaudits(a�txdot.gov. C. If expenditures are less than the threshold during the Local Government's fiscal year, the Local Government must submit a statement to TxDOT's Compliance Division as follows: "We did not meet the $ expenditure threshold and therefore, are not required to have a single audit performed for FY " D. For each year the project remains open for federal funding expenditures, the Local Government will be responsible for filing a report or statement as described above. The required annual filing shall extend throughout the life of the agreement, unless otherwise amended or the project has been formally closed out and no charges have been incurred within the current fiscal year. 23. Pertinent Non -Discrimination Authorities During the performance of this contract, the Local Government, for itself, its assignees, and successors in interest agree to comply with the following nondiscrimination statutes and authorities; including but not limited to: A. Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21. B. The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal -aid programs and projects). C. Federal -Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), as amended, (prohibits discrimination on the basis of sex). D. Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.) as amended, (prohibits discrimination on the basis of disability); and 49 CFR Part 27. E. The Age Discrimination Act of 1975, as amended, (49 U.S.C. § 6101 et seq.), (prohibits discrimination on the basis of age). F. Airport and Airway Improvement Act of 1982, (49 U.S.C. Chapter 471, Section 47123), as amended, (prohibits discrimination based on race, creed, color,, national origin, or sex). G. The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or activities" to include all of the programs or activities of the Federal -aid recipients, subrecipients and contractors, whether such programs or activities are Federally funded or not). H. Titles II and III of the Americans with Disabilities Act, which prohibits discrimination on the basis of disability in the operation of public entities, public and private transportation AFA AFA Amend Page 7 of 9 Revised 03/23/16 CSJ # 0920-38-189 District # 20 - BMT Code Chart 64 # 03200 Project: Dowlen Road Extension Federal Highway Administration CFDA Title: Highway Planning and Construction CFDA No.: 20.205 Not Research and Development systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131-12189) as implemented by Department of Transportation regulations at 49 C.F.R. parts 37 and 38. I. The Federal Aviation Administration's Nondiscrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex). J. Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low -Income Populations, which ensures nondiscrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations. K. Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency (LEP). To ensure compliance with Title VI, the parties must take reasonable steps to ensure that LEP persons have meaningful access to the programs (70 Fed. Reg. at 74087 to 74100). L. Title IX of the Education Amendments of 1972, as amended, which prohibits the parties from discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq.). All other provisions of the original contract are unchanged and remain in full force and effect. 2. Signatory Warranty Each signatory warrants that the signatory has necessary authority to execute this agreement on behalf of the entity represented. AFA—AFA Amend Page 8 of 9 Revised 03/23/16 CSJ # 0920-38-189 District # 20 - BMT Code Chart 64 # 03200 Project: Dowlen Road Extension Federal Highway Administration CFDA Title: Highway Planning and Construction CFDA No.: 20.205 Not Research and Development THIS AGREEMENT IS EXECUTED by the State and the Local Government in duplicate. THE LOCAL GOVERNMENT Signature Typed or Printed Name Title Date THE STATE OF TEXAS Kenneth Stewart Director of Contract Services Texas Department of Transportation Date AFA—AFA—Amend Page 9 of 9 Revised 03/23/16 CSJ # 0920-38-189 District # 20 - BMT Code Chart 64 # 03200 Project: Dowlen Road Extension Federal Highway Administration CFDA Title: Highway Planning and Construction CFDA No.: 20.205 Not Research and Development ATTACHMENT B-1 PROJECT LOCATION MAP N � 90 Begin Pro'ect d 364 / End Project �NVq i 69 C ana� f i 12 AFA—AFA Amend Page 1 of 1 Revised 03/23/16 CSJ # 0920-38-189 District # 20 - BMT Code Chart 64 # 03200 Project: Dowlen Road Extension Federal Highway Administration CFDA Title: Highway Planning and Construction CFDA No.: 20.205 Not Research and Development ATTACHMENT C-1 PROJECT BUDGET ESTIMATE AND SOURCE OF FUNDS Costs will be allocated based on 80% Federal funding and 20% Local Government funding until the federal funding reaches the maximum obligated amount. The Local Government will then be responsible for 100% of the costs. Description otal Estimated Cost Federal Participation tate Participation Local Participation ost % Cost /° Cost Engineering (by Local Government) 270,000 80% 216,000 % $0 0% $54,000 Construction (by Local Government) 2,956,098 80% 2,364,878 % $0 0% $591,220 Subtotal 3,226,098 2,580,878 0 645,220 Environmental Direct State Costs 175,000 80% 140,000 % $0 0% $35,000 Right of Way Direct State Costs 10 0% 0 % $0 100% $10 Engineering Direct State Costs 10,000 80% 8,000 % $0 0% $2,000 Utility Direct State Costs 10 0% 0 0% $0 100% $10 Construction Direct State Costs (1.69%) 50,000 80% $40,000 0% $0 0% $10,000 Indirect State Costs (5.27%) 155,786 0% 0 100% $155,786 % $0 TOTAL 3,616,904 2,768,878 $155,786 692,240 Initial payment by the Local Government to the State: $91,020 ($37,020 + $54,000*) Payment by the Local Government to the State before construction: $10,000 Estimated total payment by the Local Government to the State $101,020. This is an estimate. The final amount of Local Government participation will be based on actual costs. *$54,000 has already been paid by the Local Government to the State under the original agreement as part of the local share when the Engineering was the State's responsibility. AFA—AFA—Amend Page 1 of 1 Revised 03/23/16