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HomeMy WebLinkAboutPACKET JUL 25 2017BEAUMONT TEXAS REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS JULY 25, 2017 1:30 P.M. CONSENT AGENDA Approval of minutes — July 11, 2017 Confirmation of committee appointments Lauren Williams -Mason would be appointed to the Planning and Zoning Commission. The term would commence July 25, 2017 and expire September 30, 2017. (Councilmember Virginia Jordan) B. Elliot New would be appointed as an Alternate to the Planning and Zoning Commission. The term would commence July 25, 2017 and expire September 30, 2017. (Mayor Becky Ames) Gretchen Hargroder will fill the unexpired term of B. Elliot New on the Historic Landmark Commission. The term would commence July 25, 2017 and expire September 15, 2017. (Councilmember Virginia Jordan) A) Authorize the City Manager to execute an agreement with the South East Texas Regional Planning Commission (SETRPC) regarding the Regional 9-1-1 System B) Authorize the granting of a Pipeline Agreement outside the City of Beaumont C) Authorize the acceptance of a ten foot wide Exclusive Water Line Easement located at 2366 Sulphur Plant Road D) Authorize the acceptance of a ten foot wide Exclusive Water Line Easement located at 6395 Hwy 347 E) Approve of a resolution rejecting a bid for the Sanitary Sewer Manhole Rehabilitation Work Order Contract Project (Bid No. WU0417-08) F) Authorize the City Manager to execute Change Order No. 2, accept maintenance and authorize final payment for the Sanitary Sewer Lift Station Rehabilitation — Arthur Lane, Holiday Street & Voth Road Project G) Approve a payment to Motorola for an annual maintenance agreement to support the 800 MHz radio system H) Approve the renewal of an annual support agreement for the ShoreTel phone systems from Creative Switching Designs, Inc. for use throughout the City of Beaumont I) Approve a three year contract with Cigna for various life insurance policies J) Authorize the settlement of toe lawsuit styled Jerome Woods v. The City of Beaumont; Cause No. E-198,884 K) Authorize the settlement of the lawsuit styled Gayle M. Harris v. Payne's Wrecker Service, Inc.; Russell G. Huff; and the City of Beaumont, Texas; Cause No. 0128051 RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the following appointments be made: Appointment Commission Lauren Williams -Mason B. Elliot New, Alternate Planning and Zoning Commission Planning and Zoning Commission Beginning Expiration of Term of Term 07/25/2017 09/30/2017 07/25/2017 09/30/2017 PASSED BY THE CITY COUNCIL of the City of Beaumont this the 25th day of July, 2017. - Mayor Becky Ames - RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT Gretchen Hargroder is appointed to the Historic Landmark Commission to fill the unexpired term of B. Elliot New. The term will commence July 25, 2017 and expire September 15, 2017. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 25th day of July, 2017. - Mayor Becky Ames - 6 TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: James Singletary, Chief of Police MEETING DATE: July 25, 2017 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to execute an agreement with the South East Texas Regional Planning Commission (SETRPC) regarding the Regional 9-1-1 System. BACKGROUND The Police 911 Operations Unit currently serves as the primary Public Safety Answering Point (PSAP) for the City with the Fire Communications Unit serving as an alternate to answer calls to emergency telephone numbers for first response agencies. The SETRPC has developed an Interlocal Agreement (ILA) with the City that meets the State of Texas' requirements of the program and system accountability regarding maintenance, equipment upgrade, and training associated with the 911 program. This ILA replaces the current two-year contract that expires on August 31, 2017. There are no changes to the content other than combining separate agreements with the Police and Fire departments into one agreement with the City and extending the two- year term to August 31, 2019. The ILA is attached for your review. FUNDING SOURCE Not applicable. 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 a two (2) year Interlocal Contract between the City of Beaumont and South East Texas Regional Planning Commission (SETRPC) relating to the planning, development, operation and provision of 9-1-1 services and the use of 9-1-1 funds. The Interlocal Contract 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 25th day of July, 2017. - Mayor Becky Ames - SOUTH EASTTEXAS REGIONAL PLANNING COMMISSION 9-1-1 EMERGENCY COMMUNICATIONS INTERLOCAL CONTRACT RELATING TO THE PLANNING, DEVELOPMENT, OPERATION AND PROVISION OF 9-1-1 SERVICE AND THE USE OF 9-1-1 FUNDS This Contract is entered into between the South East Texas Regional Planning Commission and the City of Beaumont, Texas EXHIBIT "A" South East Texas Regional Planning Commission INTERLOCAL CONTRACT FOR PLANNING, DEVELOPMENT, OPERATION AND PROVISION OF 9-1-1 SERVICE AND USE OF 9-1-1 FUNDS Parties and Purpose 1.1 The South East Texas Regional Planning Commission (SETRPC) is a regional planning commission and political subdivision of the State of Texas organized and operating under the Texas Regional Planning Act of 1965, as amended, Chapter 391 of the Local Government Code. SETPRC has developed a Strategic Plan for the administration and operation of 9-1-1 emergency telephone service in Hardin, Jefferson and Orange counties. The Commission on State Emergency Communications (CSEC) has approved SETRPC's current strategic plan. 1.2 The City of Beaumont, Texas (Public Agency) is a Texas municipality that operates one or more Public Safety Answering Points (PSAP) that assist in implementing the Strategic Plan as authorized by Chapter 771 of the Health and Safety Code. The address of the PSAP locations are 700 Orleans Street and 400 Walnut Street, Beaumont, Texas. 1.3 This contract is entered into between SETRPC and Public Agency under Chapter 791 of the Government Code. This contract relates to the planning, development, operation and provision of 9-1-1 service, the use of 9-1-1 funds, and adherence to applicable law. Goods and Services 2.1 Public Agency agrees to: (1) cooperate with SETRPC in acquiring and installing necessary equipment for the 9-1-1 system; (2) comply with applicable provisions of the Uniform Grant Management Standards, as established by the Governor's Office of Budget and Planning, under the authority of Chapter 783 of the Texas Government Code. (3) comply with the Uniform Grant Management Standards, applicable law, and SETRPC policies, as outlined in Section 3 of this contract, related to ownership, transfer of ownership, and /or control of equipment acquired with 9-1-1 funds in connection with providing 9-1-1 service; (4) abide by all rules, regulations, performance training standards, etc. adopted by SETRPC and CSEC or its successor agency; (5) purchase supplies such as printer paper, printer ribbons, cleaning materials, etc. necessary for the continuous operation of PSAP(s); (6) secure the premises of PSAP(s) against unauthorized entrance and protect the 9-1-1 equipment from unauthorized use and ensure sufficient controls and security exists by which to protect and safeguard the 9-1-1 equipment against loss, damage or theft. (7) practice preventive maintenance for the 9-1-1 equipment, including at a minimum, testing emergency power generators periodically, and ensuring that all equipment is working properly; (8) participate in emergency communications training for call - takers/ dispatchers as scheduled and provided by SETRPC; (9) complete such reports and other documentation as may be reasonably required by CSEC, the PSAPs, SETRPC, or the service provider. (10) assign and maintain a list of authorized users who gather information, as part of the regular course of business, from the regional 9-1-1 recorder. E 9-1-1 Equipment Purchasing and Leasing 3.1 (a) SETRPC hereby agrees to provide services and equipment, whether purchased or leased, for Public Agency including all non-recurring and monthly recurring charges for equipment and network charges as approved by the CSEC. SETRPC also agrees to provide for repairs, updates to and replacement of equipment as deemed necessary by SETRPC and as approved by the CSEC. (b) All leased equipment remains the sole property of the lessor. 3.2 Except as noted in paragraph 3.6, SETRPC owns all 9-1-1 equipment purchased on behalf of Public Agency with emergency service fees. Public Agency is licensed to use the 9- 1-1 equipment in providing enhanced 9-1-1 emergency telephone services. 3:3 Public Agency agrees to notify SETRPC in writing before encumbering, transferring, or otherwise disposing of the 9-1-1 equipment. Further, upon the installation of any additional equipment or software by SETRPC, Public Agency agrees to comply with the provisions of Exhibit "A" attached hereto and incorporated herein as referenced. 3.4 Public Agency agrees that SETRPC is responsible for maintenance, support, and initial purchase of the regional 9-1-1 recorder and.does not maintain official control of any of the recordings on said recorder. 3.5 Public Agency acknowledges that SETRPC representatives will visit Public Agency on a regular basis to monitor functionality and use of all equipment associated with 9-1-1 call handling and processing and on an annual basis to conduct a physical inventory of all said equipment. 3.6 Paragraphs 3.1, 3.2, 3.3 and 3.4 survive the expiration or early termination of this contract and continue in effect so long as Public Agency uses the 9-1-1 equipment. 3.7 When 9-1-1 equipment is purchased with a combination of monies from Public Agency and emergency service fees, SETRPC may elect to transfer ownership of said equipment to Public Agency. SETRPC will provide Public Agency with a "Certification of Purchase by City/County/Agency Transfer of Ownership" document outlining the responsibilities of Public Agency. Those responsibilities include, but are not limited to, maintenance of equipment and ensuring equipment is fully functional at all times. 3.8 SETRPC will provide 9-1-1 funds to Public Agency and/or PSAP(s) on a reimbursement basis using a monitoring process that provides assurances that the reimbursement requests from the Public Agency and/or PSAP(s) are complete, accurate and appropriate. Effective Date and Term of Contract 4.1 The term of this contract shall be two years, effective on September 1, 2017 and shall terminate on August 31, 2019. Independent Contractor 5.1 Public Agency is not an employee or agent of SETRPC, but furnishes services under this contract solely as an independent contractor. Assignment and Subcontracting 6.1 Public Agency may not assign its rights or subcontract its duties under this contract without the prior written consent of SETRPC. An attempted assignment or subcontract in violation of this paragraph is void. 6.2 If SETRPC consents to subcontracting, each subcontract is subject to all of the terms and conditions of this contract, and Public Agency agrees to furnish a copy of this contract to each of its subcontractors. Records 7.1 Public Agency agrees to assist SETRPC, where applicable, in maintaining a current inventory of all 9-1-1 equipment, consistent with the Uniform Grant Management Standards and applicable federal and state law. 7.2 Public Agency and PSAP(s) agree to comply with SETRPC requirements for documenting and reporting 9-1-1 data base errors and ANI/ALI problems. 7.3 Public Agency and PSAP(s) agree to maintain, consistent with Uniform Grant Management Standards and applicable federal and state law, adequate fiscal records and supporting documentation for all 9-1-1 funds reimbursed to Public Agency and PSAP(s) and all 9-1-1 funds spent by Public Agency and PSAP(s). 7.4 Subject to the additional requirement of paragraph 7.5, Public Agency agrees to preserve records, at a minimum, for three years. 7.5 If an audit of or information in the records is disputed or the subject of litigation, Public Agency agrees to preserve the records until the dispute or litigation is finally concluded, regardless of the expiration or early termination of this contract. 7.6 SETRPC is entitled to inspect and copy, during normal business hours at Public Agency's offices where they are maintained, the records maintained under this contract for as long as they are preserved. 7.7 SETRPC is also entitled to visit Public Agency's offices, talk to its personnel, monitor and inventory equipment, and audit its records, all during normal business hours, to assist in evaluating its performance under this contract. 7.8 SETRPC, CSEC, the Texas State Auditor, and/or their duly authorized representatives, shall have access to and the right to examine all books, accounts, records, files, and /or other papers, or property pertaining to the 9-1-1 service, belonging to or in use by the Public Agency, PSAP(s), or by any other entity that has performed or will perform addressing or addressing data base. maintenance activities. Nondiscrimination and Equal Opportunity 8.1 Public Agency shall riot exclude anyone from participating under this contract, deny anyone benefits under this contract, or otherwise unlawfully discriminate against anyone in carrying out this contract because of race, color, religion, sex, age, disability, handicap, or national origin. Dispute Resolution 9.1 The parties desire to resolve disputes arising under this contract without litigation. Accordingly, if a dispute arises, the parties agree to attempt in good faith to resolve the dispute between themselves. To this end, the parties agree not to sue one another, except to enforce compliance with paragraphs 9.1-9.3, until they have exhausted the procedures set out in these paragraphs. 9.2 At the written request of either party, each party shall appoint one nonlawyer representative to negotiate informally and in good faith to resolve any dispute arising under this contract. The representatives appointed shall determine the location, format, frequency, and duration of the negotiations. 9.3 If the representatives cannot resolve the dispute within 30 calendar days after the first negotiation meeting, the parties agree to refer the dispute to the Dispute Resolution Center of Jefferson County for mediation in accordance with the Center's mediation procedures by a single mediator assigned by the Center. Each party shall pay half the cost of the Center's mediation services. 9.4 The parties agree to continue performing their duties under this contract, which are unaffected by the dispute, during the negotiation and mediation process. Suspension for Unavailability of Funds; Withholding, Decrease or Reimbursement of Funds Due to Non-compliance 10.1 Public Agency acknowledges that SETRPC's sole source of funding for this contract is 9-1-1 emergency service fees. In the event that: (1) SETRPC's approved budget and/or appropriations to CSEC from the Texas Legislature do not permit or otherwise appropriate funds for reimbursement to Public Agency provided for in this Agreement, and (2) Such lack of permission or non -appropriation shall not have resulted from any act or failure to act on the part of SETRPC, and (3) SETRPC has exhausted all funds legally available for reimbursement to Public Agency, and no other legal procedures shall exist whereby payment hereunder can be made to Public Agency; and (4) SETRPC has negotiated in good faith with Public Agency to develop an alternative payment schedule or new agreement that will accommodate SETRPC's approved budget and/or appropriations for the applicable period, then SETRPC will not be obligated to reimburse Public Agency for the applicable budget year(s). 10.2 Public Agency acknowledges that SETRPC may withhold, decrease or seek reimbursement of 9-1-1 funds in the event such funds are or were used in non-compliance with applicable federal or state law. Further, Public Agency and PSAP(s) shall return or reimburse SETRPC and/or CSEC, as applicable, any 9-1-1 funds used in non-compliance with applicable law. Such return or reimbursement of 9-1-1 funds to SETRPC and/or the CSEC, as applicable, shall be made by the Public Agency or PSAP(s) within sixty (60) days after demand by SETRPC, unless an alternative repayment plan is approved by SETRPC and CSEC. Termination for Convenience 11.1 Either party may terminate this contract in its entirety for convenience by giving the other notice of intent to terminate. After the notice is received, the parties shall negotiate in good faith the terms and effective date of the termination. In any,event, however, this contract terminates 60 calendar days after a party receives the notice of termination. Notice to Parties 12.1 Notice to be effective under this contract must be in writing and received by the party against whom it is to operate. Notice is received by a party; (1) when it is delivered to the party personally; (2) when a party receives a facsimile of the notice, as confirmed by the sender's facsimile machine; (3) on the date shown on the return receipt if mailed by registered or certified mail, return receipt requested, to the party's address specified in paragraph 12.2 and signed on behalf of the party; or (4) three business days after its deposit in the United States mail, with first-class postage affixed, addressed to the party's address specified in paragraph 12.2. 12.2 SETPRC's address is 2210 Eastex Freeway, Beaumont, Texas 77703 Attention: 9-1-1 Director. SETRPCs telephone number is (409) 7244911, and its facsimile number is (409) 347-1953. Public Agency's Primary PSAP (9-1-1 Operations Center) is located at 700 Orleans Street, Beaumont, Texas 77701 Attention: 9-1-1 Operations Supervisor/ Designee. Public Agency's telephone number is 409-980-7275, and its facsimile number is 409-980-7224. Public Agency's Secondary PSAP (Beaumont Fire Headquarters) is located at 400 Walnut Street, Beaumont, Texas 77701 Attention: Logistics Services Branch Director/ Designee. Public Agency's telephone number is 409-880-3901, and its facsimile number is 409-833-5166. 12.3 Public Agency agrees to notify SETRPC of a change of address or contact information by providing notice of the change in accordance with paragraph 12.1. 7 Further Agreements; Miscellaneous 13.1 By their respective signatures below, SETRPC, Public Agency, and PSAP(s) , as applicable, commit to continue providing 9-1-1 services as a condition of the receipt of 9-1-1 funds as prescribed by the SETRPC Strategic Plan. 13.2 Each individual signing this contract on behalf of a party warrants that he or she is legally authorized to do so and that such party is legally authorized to perform the obligations undertaken. 13.3 This contract states the entire agreement of the parties, and an amendment to this contract is not effective unless in writing and signed by all parties. 13.4 This contract is binding on and inures to the benefit of the parties' successors in interest. 13.S This contract is executed in duplicate originals. CITY OF: BEAUMONT SOUTH EAST TEXAS REGIONAL PLANNING Signature Printed Name: Kyle Hayes Title: City Manager Date: COMMISSION Signature Printed Name: Shaun P. Davis Title: Executive Director Date: 1 5— t EXHIBIT A PSAP RULES REGARDING 9-1-1 EQUIPMENT 1. only the designated Dispatch Supervisor or other designated supervisor is to have the administrative password or security code for the 9-1-1 computer equipment. 2. No unauthorized software is to be loaded onto the 9-1-1 system. 3. No unauthorized personnel are to service or repair the 9-1-1 system components. 4. No unauthorized personnel are to use the 9-1-1 system. S. PSAP personnel are responsible for reporting any hardware or software problems to the appropriate service provider and/or SETRPC within a reasonable period from the time the problem is first detected. 6. Public Agency and PSAP(s) shall be liable for expenses incurred by the SETRPC in repairing or replacing software or hardware that must be replaced due to abuse or negligence or as a direct result of any violation of the rules stated herein. 7. Public Agency and PSAP(s) will not be held monetarily liable for costs incurred for items that are covered by warranty, or if they are the result of an incident over which they have no control (Le. lightning, water as a result of flooding, power failure, etc.) 8. Failure to abide by these rules may result in the SETRPC terminating this agreement and not placing a PSAP at that location. BEAUMONT TO: City Council FROM: Kyle Hayes, City Manager V/� PREPARED BY: Dr. Joseph Majdalani, P.E., Public Works Director —717 MEETING DATE: July 25, 2017 REQUESTED ACTION: Council consider a resolution authorizing the granting of a Pipeline Agreement outside the City of Beaumont. BACKGROUND Air Liquide Large Industries U. S. LP has requested permission to install a 10" nitrogen gas (N2) pipeline -crossing a water line outside the city limits of Beaumont. The pipeline will cross an approximately distance of 10' of Highland Avenue. The pipeline will be constructed in accordance with City requirements. There is a one-time fee of $500 for the Pipeline License Agreement. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of resolution. APPLICATION FOR UTILITY CROSSING AGREEMENT OUTSIDE THE CORPORATE LIMITS OF THE CITY OF BEAUMONT THE STATE OF TEXAS § COUNTY OF JEFFERSON § Business Name: Air Liquide Large Industries U.S. LP Business Phone: Cl!) 585-5689 Business Address: 9811 Katy Frwy., Suite 100 Houston, TX 77024 The City of Beaumont, hereinafter called "City", for and in consideration of the sum specified herein Five hundred and no/100 dollars ($500.00) hereby grants to Air Liquide Large Industries U.S LP hereinafter called "Licensee", the license to lay, maintain, operate, replace, or remove a pipeline for the transportation of oil, gas, water, or nitrogen products, on or across the following City easement and/or property situated outside the City of Beaumont, 'Jefferson County, Texas, but being within our Extra -Territorial Jurisdiction (ETJ) and/or Certificate of Convenience and Necessity (CCN) and being more particularly described in Exhibit "A" attached hereto and made a part hereof for all purposes. Nearest Street Distance to Easement 'Length h (Linear Foot) of Crossing Pipeline crosses infrastructure on the South side of Highland Ave. - 10, 1 COST OF LICENSE: Licensee shall make payment to the City of Beaumont as follows: License Agreement fee - $500.00 o Annual fee of $2.25 per linear foot of pipeline located within City property. Said fee shall be reset on January 31, 2011 and -shall be reset every ten (10) years, thereafter, to a level to be determined by the City Council or their delegated representative. All fees, including the first annual fee for linear foot usage shall be made to the Water Utilities Department and payable to the City of Beaumont prior to construction. This license is granted by the City of Beaumont subject to conditions. Failure to comply with the following may result in termination of agreement (see page 8). GENERAL CONDITIONS: o Licensee does not intend to sell product for resale from the covered pipeline to customers located within the. City; however, Licensee recognizes that should it sell product for resale from this covered pipeline to customers within the City, it will be required to report such distribution and when lawfully required to do so, pay a street rental fee based on revenues. The annual fee and the regulations controlling the payment of such fee will be those as lawfully established by the ordinances of the City. o All pipelines crossing City of Beaumont utility easements, water or sanitary sewer easements shall be bored from easement line to easement line. Within these limits, the pipeline shall be protected by casing or other method approved by the City Water Utilities Department. o The pipeline shall be constructed in such a manner as approved by the City so as it does not interfere with the use of the City property.' o The pipeline shall be installed a minimum of three (3) feet below ground and a minimum of five (5) feet below the lowest existing or proposed ditch grades, waterlines, sanitary sewer lines or storm drainage lines, unless otherwise authorized by the City. Such grades and lines shall be indicated on map submittal, as well as depth of proposed pipeline (see page 3). 2 The construction and operation of the pipeline shall not interfere with the natural drainage in that area nor with the drainage systemof the City; nor with sanitary sewer lines, waterlines, or other utilities. Damage to existing ditch grade during construction or maintenance of the pipeline shall be corrected and the ditch grade shall be restored to the condition and grade at which it existed prior to construction or maintenance. Bore pits shall be backfilled according to City standards. Excavations necessary for the construction; repair, or maintenance of the pipeline shall be performed in such a manner that will cause minimal inconvenience to the public. Licensee shall promptly restore the area to as good a condition as before working thereon and to the reasonable satisfaction of the City's Water Utilities Department. o Operations along easements shall be performed in such a manner that all property where operations are performed will be restored to original condition or better. No equipment or installation procedures will be used which will damage any structures. The cost of any repairs to structures, sanitary'sewer lines, water lines or other easement features as a result of this installation will be borne by the owner of this line. o Any construction which takes place in, on, under, above, or across property not owned by the City shall require additional permission by the owner(s) of the property involved. Written proof of said permission is to be provided to the City as part of the application process. Approval of this license agreement excludes permission to do any construction on property which is not owned by the City of Beaumont. 1 o Any licenses, permits or agreements required by another governmental entity (County, State or Federal) to adjoining property shall be obtained and a copy of such document shall be provided to the City. o Licensee shall be responsible for acquiring all agreements necessary for the lawful use of any private property. o A map showing the location of the proposed pipeline shall be provided. o The pipeline shall be maintained and operated in such a manner as not to leak and/or cause damage to the City property. Once the pipeline is in operation, any damage that occurs to the pipeline which results in exposure or release of product must be reported immediately to -the City Fire Department and Water Utilities Department. Licensee shall fully cooperate with the Fire Department and provide, or assist with providing, any and all necessary notifications, evacuations or other necessary actions. Leaks or other defects are to be repaired immediately by Licensee at it's own cost. o The Licensee shall be responsible for the cleanup and remediation of contaminated areas due to exposure or release of product and any and all costs associated with said cleanup and remediation. o The Licensee shall be responsible for any and all costs associated with the relocation of the pipeline. As provided, the necessity for relocation of the pipeline shall be solely within the discretion of City. o Installation will be done in accordance with all City standards and statutes of the State of Texas. REOUIRED COVERAGE: o Licensee shall furnish the . City with a Certificate of Standard Liability Insurance, including bodily injuries and property damage, naming the City of Beaumont as an Additional Insured. Such policy shall provide for the following minimum coverage: . o Bodily injuries: $ 300,000.00 per person $1,000,000.00 per incident o Property Damage: $1,000,000.00 Such insurance shall be maintained in force and ,effect during the construction or required maintenance of the pipeline and during the life of the pipeline. Such certificate shall contain a provision that at least fifteen (15) days written notice must be given to the City prior to cancellation, alteration, or modification of such insurance. 1 o- Licensee shall have in force with the City a surety bond in the principal amount of si oo,000.00 The bond shall be payable to the City of Beaumont for the use and benefit of any person entitled thereto and conditioned that the principal and surety will pay all damages to any person caused by, or arising from, or growing out of any violation of the terms of this agreement. The bond shall provide that it may not be cancelled, altered, or otherwise modified without giving fifteen (15) days prior written notice to the City. The bond shall be good and in effect ' £or a period of one (1) year from the date of completion of construction of the pipeline. o Licensee shall indemnify, save and hold harmless the City of Beaumont r.! from any and all claims for injuries and damages to persons or property occasioned by or arising out of the construction, maintenance, operation, repair or removal of the pipeline. This indemnity expressly extends to claims alleging negligence by the City of Beaumont, it's agents, officers or employees, arising from actions taken or occurrences under this license agreement. o If the pipeline or any part thereof installed by Licensee shall be in any respect damaged or injured by City or any of its agents or employees in connection with the performance of any work or repairs that may be done upon the property mentioned herein: Licensee shall not be entitled to prosecute or maintain a claim against the City of Beaumont 'for any such damage or injuries so sustained by it; however, said conditions shall --not prevent Licensee from recovering against any contractor who shall damage Licensee's property in the course of such contractor's performance of any contract with the City. OTHER CONSTRUCTION/MAINTENANCE WITHIN PROPERTY: o City will use its best efforts to notify Licensee of any proposed construction and/or maintenance, to be done by City forces or by contract for. the. City, within the property involved with this license. . Notification, to Licensee, of other construction and/or maintenance permitted by the City and within the property involved with this license will be the responsibility of the company obtaining said permit. Licensee shall mark the location of its lines within forty-eight (48) hours after receipt of such notification of proposed construction. Licensee shall maintain a local, or toll free, telephone number to be called for notification of construction or maintenance and for location of lines. Such number, or charges to such number, will be provided to the City (Water Utilities Department) and kept current at all times. This number shall be provided to entities permitted to construct, maintain or excavate within this City property and which are required to provide notification of such work. When information has been relayed to Licensee,. through the phone number provided, such contact shall constitute notification for Licensee to provide location of its lines. Failure, by Licensee, to respond within the required time frame shall alleviate the responsibility of the person(s) requiring the lines to be relocated. o City reserves the right to lay, and to permit to be laid, sewer, gas, water- and other pipes and cables, and to do or permit to be done any underground M work that may be deemed to be necessary or proper by City in, across, along, or under the property. In doing or permitting any such work, the City of Beaumont shall not be liable to Licensee for any damage occasioned; it being understood that nothing herein shall be construed as foreclosing Licensee's rights to recover damages against any contractor or third party who may be responsible for damages to Licensee's facilities. Whenever by reason of the change in the grade of the property occupied by Licensees' pipeline, or by reason of the location or manner of constructing drainage structures, water pipes, gas pipes, sewers, or other underground construction for any purpose whatever, it shall be deemed necessary by City to relocate, alter, encase, change, adopt or conform the pipeline of Licensee thereto, such change shall be made promptly by Licensee at its cost and without claim for reimbursement or damages against City. If the change is demanded by the City for the benefit of any other person or private corporation, except the City, Licensee shall be reimbursed fully by the person or corporation desiring or occasioning such change for any expense arising out of such change; Licensee will, upon notice from the City, make such change immediately and at its own cost; it being understood that City will not participate in any part of the cost of any change involving relocation, altering, encasing, boring, or changing in any manner of the pipeline where same is within City property. NOTIFICATIONANSPECTION: o Any and all work to. be performed on City property shall be observed and inspected by a City representative. Any work to be performed within the City limits will be subject to periodic inspection to ensure compliance with construction standards. Licensee shall provide the City (Water Utilities Department) forty-eight (48) hours prior to the installation of the lines permitted by this license. A representative will be scheduled to be present. The expense of such inspection services may be billed to the Licensee and such amounts will be reimbursed to the City. o Licensee shall notify the Water Utilities Department at least forty-eight (48) hours prior to completion of work and removal of equipment from the job site to permit the City to make an inspection. M SPECIAL CONDITIONS: Nonassig_nable This license is personal to the Licensee. It is nonassignable and any attempt to assign this license will terminate the license privileges granted to Licensee hereunder. Termination This agreement is subject to termination by the City if any condition specified herein is not met. This agreement may also be terminated by the Licensee. Either party attempting to terminate this agreement shall give written notice to the other specifying the date of, and the reason for, termination. Such notice shall be given not less than thirty (30) days prior to the termination date therein specified. Any written notice may be effected either by personal delivery or by registered or certified mail, postage prepaid with return receipt requested. Mail notices shall be addressed to the addresses of the parties as follows: City of Beaumont P.O. Box 3827 Beaumont, Texas 77704 Attn: City Manager Name of Licensee: Air Liquide Large Industries U.S. LP Address of Licensee: 9811 Katy Frwy, Suite 100 City and State of Licensee: Houston, TX 77024 Upon cancellation, the pipeline shall be removed and property restored to a condition acceptable to the Water Utilities Director. In the event of cancellation, any and all monies collected for fees associated with this agreement will remain the property of the City. There will be no reimbursements. 7 Commencement of work on the pipeline by Licensee after the date of this fully executed license shall be construed as evidence of Licensee's acceptance and approval of the conditions above set forth. IN WITNESS. WHEREOF, the City of Beaumont, Texas, has caused these presents to be signed by its City Manager and the seal of the City to be herewith affixed by the City Clerk, this day of , A.D. 20 ATTEST: City Clerk ATTEST: LIM Secretary 8 CITY OF BEAUMONT, TEXAS Kyle Hayes, City Manager APPLICANT'S COMPANY NAME: (Licensee) Air Liquide Large Industries U.S. LP Represented by: Title AIR UQUIDE Spindletop Nitrogen Lateral -� r' k I� n s _ , _• y cross City of- Beaumont water line w in this vicinity , A AIA - - ¢ .• - rt Y f 4. r s M .. o- y�4 o r � } a, +fes. t • �� \ice , „ , m 'a w LEGEND Proposed N2 Pipeline Sourc : E-sri, Vii• Miles G, ,, N, CyetmaPping, Ae 0 0.125 0.25 0.5 The infornmlion portnyod in this map is slrinlly, roulidnnlial and Is bound by confide Ilia llly Agreements. No dupliongon or distribution of this doeumor l is allowed without the poi in of Air Liquide Large Industries U.S. LP No Text 00 85+00 v \ PROPOSED 10" N2 P N 30'56'34" W 89'02'14' N 30.01'36.3473' W 94'04'47.8665' T I X JEFFERSON COUNTY, TEXAS M N JOHN VEATCH SURVEY, A-55 O) U O WEST PORT ARTHUR ROAD w 0 0 W Z wuiZ u- -�Z 0 Q O 0 00 � �0_ 00 DI ¢ z a G D_ O a I a = N O N Z I,. r� W O W U O o0 W X11 W 00 85+00 v \ PROPOSED 10" N2 P N 30'56'34" W 89'02'14' N 30.01'36.3473' W 94'04'47.8665' T I X M N cp Z O) M O O 0 M �I n a 0 O 0 00 00 00 00 00 00 .01 N Z I,. r� eF C viLil PLAN < L _ u lf) � 1"=20' �.......•..... PR0POSED:.10NZ ?A 84+00 84+20 64+46 E 60 84+80 85+00 PROFILE T.B.M. : UNION PACIFIC R.R. ® STA. 85+56.68. PIPE SPECS.: 10.750' O.D. x 0.365' W.T., API 5LX-52M, PSI -2 ELEVATION: 16.13 FT. 1" = 20' Hrz. & Vft. NORMALIZED ERW, PEB, TRL, 14-16 MILS FBI, 20 MILS ARO REVISION DATE AIR LIQUIDE FILE & DISK 03-31-2017 AIR LIO.UIDE LARGE INDUSTRIES U.S. LP N0. DATE BY DRAWN BY HOUSTON, TEXAS 2M -MCO SCALE 2 CHECKED PROPOSED 10" NITROGEN PIPELINE JOB N0. 1 =20 3. 1 HIGHLAND AVENUE DWG. NO. 4. APP D JEFFERSON COUNTY, TEXAS 007 -ACV -2008 Z Z Z 0 0 z a 0 O 0 C14J O O) d' p p O w- N Z I,. r� eF C viLil d < L _ u lf) � In W O Q J H Q J J O J J J F - a J Z W Z w m w w w w w W Z w M N c0 O M O M O Lo r-- O d+ d+ t] m Go CO 00 00 00 20' . ........... ....................... ............................... .......................... . 20' H16HLAND A%&NUE NATURAL GROUND : 10' ..:................ . •.8'• PVC..:........:........................:................:........... : 10' WATER LINE ..................:....................... 5 0.8' .... 50.3' 0•..:........:.......:........:........:........: ............................................ ... c 0• 44.2' �.......•..... PR0POSED:.10NZ ?A 84+00 84+20 64+46 E 60 84+80 85+00 PROFILE T.B.M. : UNION PACIFIC R.R. ® STA. 85+56.68. PIPE SPECS.: 10.750' O.D. x 0.365' W.T., API 5LX-52M, PSI -2 ELEVATION: 16.13 FT. 1" = 20' Hrz. & Vft. NORMALIZED ERW, PEB, TRL, 14-16 MILS FBI, 20 MILS ARO REVISION DATE AIR LIQUIDE FILE & DISK 03-31-2017 AIR LIO.UIDE LARGE INDUSTRIES U.S. LP N0. DATE BY DRAWN BY HOUSTON, TEXAS 2M -MCO SCALE 2 CHECKED PROPOSED 10" NITROGEN PIPELINE JOB N0. 1 =20 3. 1 HIGHLAND AVENUE DWG. NO. 4. APP D JEFFERSON COUNTY, TEXAS 007 -ACV -2008 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 grant a Pipeline License Agreement to Air Liquide Large Industries U.S., LP, substantially in the form attached hereto as Exhibit 'A," to install a ten inch (10") nitrogen gas (N2) pipeline which will cross an existing 10" water line on Highland Avenue located outside the city limits of Beaumont for the purpose of transporting oil, gas, water, or nitrogen products. The pipeline is to be constructed in compliance with City requirements. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 25th day of July, 2017. - Mayor Becky Ames - C BEAUMONT TO: City Council �J FROM: Kyle Hayes, City Manager PREPARED BY: Dr. Joseph Majdalani, P.E., Public Works Director _V/ -f MEETING DATE: July 25, 2017 REQUESTED ACTION: Council consider a resolution authorizing the acceptance of a ten foot (10') wide Exclusive Water Line Easements. BACKGROUND Natgasoline LLC has agreed to convey a ten foot (10') wide exclusive Water Line Easement to the City of Beont. The easement is described as being a 0.0138 acre tract being out of Pelham Humphries Survey, Abstract No. 32. The easement will contain a 12" water meter to serve Martin Gas located at 10 Sulphur Plant Road and a 4" water meter to serve Natgasoline Land Holding, LLC located at 2366 Sulphur Plant Road. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of resolution. RESOLUTION NO. WHEREAS, Natgasoline, LLC has agreed to convey one (1) ten foot (10') wide exclusive water line easement, said easement being a 0.0138 acre tract out of Pelham Humphries Survey, Abstract No. 32 as described and shown in Exhibit "1," attached hereto, to the City of Beaumont to serve Martin Gas located at 10 Sulphur Plant Road and Natgasoline Land Holding, LLC located at 2366 Sulphur Plant Road; and, WHEREAS, the City Council has considered the purpose of said conveyance and is of the opinion that the acceptance of said conveyance is necessary and desirable and that same should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT one (1) ten foot (10') wide exclusive water line easement conveyed by Natgasoline, LLC, being a 0.0138 acre tract out of Pelham Humphries Survey, Abstract No. 32 as described and shown in Exhibit "1," attached hereto, be and the same is hereby, in all things, accepted for the stated purposes. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 25th day of July, 2017. - Mayor Becky Ames - STATE OF TEXAS X KNOW ALL MEN BY THESE PRESENTS: COUNTY OF JEFFERSON X WATER LINE EASEMENT THAT, NATGASOLINE, LLC, a Delaware Limited Liability Company, hereinafter called "GRANTOR", whether one or more, for and in consideration of the sum of ONE AND N0/100 DOLLAR ($1.00), and other good and valuable consideration to us in hand paid by the CITY OF BEAUMONT, a municipal corporation domiciled in Jefferson County, Texas, hereinafter called "GRANTEE", the receipt and sufficiency of which consideration is hereby acknowledged, has GRANTED, SOLD and CONVEYED, and by these presents does GRANT, SELL and CONVEY unto the CITY OF BEAUMONT, P. O. Box 3827, Beaumont, Texas 77704, Jefferson County, Texas, its successors and assigns, a perpetual, exclusive, water line easement (the "Easement") to construct, alter, and maintain waterlines and related appurtenances on the hereinafter described lands which said easement is under, over, in and across those certain tracts or parcels of land owned by GRANTOR situated in the County of Jefferson, State of Texas, and being more particularly described in Exhibit "A", attached and made a part hereof for all purposes (the "Easement Area"). The Easement herein granted shall be used for the purpose of placing, constructing, operating, repairing, rebuilding, replacing, relocating, and/or removing water lines and related appurtenances in the Easement Area, and, it is expressly understood and agreed that the City of Beaumont shall have the right of reasonable ingress to and egress from the Easement Area and use of the same for the purposes aforesaid; provided, however that Grantee use of the Easement and the rights appurtenant thereto shall in no event unreasonably interfere with or hinder the EXHI B IIT "1" TBPE Firm No. F-5755 :.r,.,, TBPLS Firm No. 10123800 -0y LA EF.0005711 UU I IZA_ SURVEYORS&ENGINEERS 3737 Doctors Drive Port Arthur, Texas 77642 Office (409) 983.2004 Fax (409) 983.2005 0.0138 ACRE OF -LAND FOR WATER METER EASEMENT PURPOSES OUT OF THE PELHAM HUMPHRIES SURVEY, ABSTRACT NO. 32, JEFFERSON COUNT', TEXAS BEING 0.0138 acre of land, for water meter easement purposes, out of the Pelham Humphries Survey, Abstract No. 32, Jefferson County, Texas; being part of a (Called 191.13 1) acre tract of land, known as Tract V, described in a deed to Natgasoline Land Holding LLC, recorded in File No. 2016010339, Official Public Records, Jefferson County, Texas; said 0.0138 acre tract being more fully described by metes and bounds as follows, to wit: Note: Bearings, distances, coordinates and acreage are based on Texas Coordinate System of 1983 (Epoch 2011), South -Central Zone, US Survey Feet. Referenced to SmartNet, North America. COMMENCING at a 5/8" steel rod in concrete found on the Northeast right of way line of State Highway No. 347 for the Southwest corner of a (Called 2.82) acre tract of land conveyed to CM Mid -County Properties, LLC, recorded in File No. 2007044127, Official Public Records, Jefferson County, Texas and the Northwest corner of a (Called 4.634) acre tract of land known as Tract II described in a deed to NAT Gasoline Land Holding, LLC, recorded in File No. 2016010339, Official Public Records, Jefferson County, Texas; said rod in concrete having Coordinates of N: 13955686.71, E: 3532489.38; THENCE, North 74 deg., 39 min., 46 sec., East, a distance of 692.95' to a 5/8" steel rod found for an angle point on the common line of a (Called 4.28) acre tract of land, known as Parcel No. 240-E (Part 2), described in a judgment in favor of the State of Texas, recorded in Volume 1476,. Page 76, Deed Records, Jefferson County, Texas and the (Called 191.13 1) acre tract; THENCE, South 61 deg., 33 min., 40 sec., East, a distance of 151.41' to the POINT OF BEGINNING and most Westerly corner of the herein described tract; said point for corner having Coordinates of N: 13955797.89, E: 3533290.80; THENCE, North 51 deg., 56 min., 26 sec., East, a distance of 30.00' to a point for the most Northerly corner of the herein described tract; THENCE, South 38 deg., 03 min., 34 sec., East, a distance of 20.00' to a point for the most Easterly corner of the herein described tract; THENCE, South 51 deg., 56 min., 26 sec., West, a distance of 30.00' to a point for the most Southerly corner of the herein described tract; THENCE, North 38 deg., 03 min., 34 see., West, a distance of 20.00' to the POINT OF BEGINNING and containing 0.0138 acre of land, more or less. This description is based on the Land Survey made by Anthony M. Leger, Registered Professional Land Surveyor No. 5481, on March 20, 2017. City of Beaumont LS -17-0220 I ° ma TotE v Lwb re,r xd allo-E Pa °1 e�emd h . I I rw •eml Nx,m FFmmlr rt. s Velli. ui4 r•V. xb o! ..m,i Y��,fva d U. sW e, T� rm.0.d F on m ME vnNw xew°aac mNnv' AmTRNCr xe. a ,,,� F r® ..a u. (car ,mam) �. ,usnmra tanm. ,CGs I tnFT'arna ars aw,d w.arn.d..:r:�.el N•aaeaN a.! d Hn. xe,ea w.,�,ra �xNe°sotlu� .l .�wj F' e0 w: n.rr'r, a' e,ei°"w'cLd,ow'�pi�e Nw'a,�ne.� .n^+A Fb,val N. k.bsraae tawlF rw.,, l.Fr Fe, J. 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NE01wN1 ae a„wa,y naa m. d m,a me. s la ' .av1'°gpgL.t,14, Al°S Frta1%. a,N..MYawfF iaav aSe ne n wawa wNlq ,N envbV,1 t local m tln bd 9a� n+mY DY MwmY LL laar Ry,a.a P,vIa.MN „_s,w J F,.,SL•'SYI.'!1. G ..w'•� IaN 9•.•A Ne 6191, mNed R yp,'/, a,n+ct; Neu a eap, x mw. ae a we a eeew d eexar m o °/c da. ae I . /�FyTfIL OD lame b vn ada peh! a wa amunvl IM d e UdM t]°) om bm1 d ImL leo., a �,]-L]N l 1 \ \ ,00 \ s 81 18 OR. POINT Or �. E.f•'ap0R4:' / \ N \\ �O�C � \ 4 ��A4b� BBG�ffiH�6• .��/ //"3fm INSET •AF,. \ •/�\ ! `0'w]L'rAtvt LIY GttLG4t \ POINT or Co}99'NaNG �Pp / ! r./.xcoxonlv3 nun le \0 FEL RW N CON4 INSET A./ - s *r�yr� \ ✓/�✓ �y�scALF.t'a2o'^F,!?�'f1•.•1:.� � lld �'� \ 'D a a*+W opk�•i4 \ /�/ �/ '/ �.' � �,� � ✓/�i \ Se1CJ3i3.S6111T9G70.b�0 // '� �. p 40 POINT OF 1 O�THIS SURVEY DOES NOT WARRANT OWNERSHIP. THERE LEGEND .3803'3}' W 2gpp' MAY ,N EASEJENTS, OR OTHER NATTERS NOT SHOWN. // % 4 POWER POLE \ / / �. p• 1tpE WATCR L)Ni fA5LVD7T 2 ARE BAS, COIXi HE TEX DISTANCESCOORDINATE AND ACREAGE ARE BASED ON THE TEXAS COORDINATE SYSTEU OF SICN/PIPELINE NAhHFA 1993, SOUTH CENTRAL ZONE. (US SURVEY FEET) \ /!/ REFERENCEo 10 Sl1AR1NET, NA DVERkHEAD ETFciRic = UNDERGROUND CABLE CtmmunIty li� Penal NO.: \ / a FIRE HYDRANT d003 % / DJLJ.6 – DEED RECORDS, JEFFERSON COUNTY 7� �[ngp tytt P—1 DeE<: 11120/91 V \ / // O.P.R.J.o. - OFFICIAL PUBUC RECORDS, JEFFERSON COUNTY D - POINT FOR CDRNER ' leomaroe'9 memxetmn; - SHEET TfkTE, PROJ. NO: 17-0220 •vrar .e ,>w w �MOrn mea, ,, ,,, �'6,; �F,'r R ME ACRE E LAND SCALE: 1'= .m=:aa d,m. >Qovaep TwW aao<mel 9s.m m.®m... .nn lu. amdm® dmdaN. d a9aa A.a"dTSTPy'•�, 3237 Dxkoxs Drlve FOR WATER METER EASEMENT PURPOSES 40'/1'=20' tr1b'T'"Ye. '°'`+'•"R<"•�J""bia^'i'•br•to"r."rNa,aue:°+>tEJ+�ultac ,:L•Q�`� 7� �a'.,n' �r1 PoxtArthur,TexesZ7642 OUT OF THE PELHAM HUMPHRIES SURVEY PRINT DATE:3/31/17 "� ��'> ��+. t;?a0. H.LICj"" ! `', J ABSTRACT NO. 32, JEFFERSON COUNTY, TEXAS TeL409.9$3.2004 DRAVM BY: NJ P-409.953.2005 PROdE� % ...... SURVEYORS is ENGIIQEERS CHECKED BY: R.CREEL a kex°axveVo Com CITY OF BEAUMONT 79Y.E FIPN w7Y8 • Txls RRN dmx3ap° 2366 SULPHUR PLANT ROAD APPROVED BY. AML 7 �O� t AO�r✓�OHAL Lm9IiR'1Gf0A' N0. 6f81 '. SEAUMONT, TEXAS 77705 scTT — 1 — 1 No Text L11 BEAUMONT TEXAS TO: City Council 4 FROM: Kyle Hayes, City Manager PREPARED BY: Dr. Joseph Majdalani, P.E., Public Works Director /y MEETING DATE: July 25, 2017 REQUESTED ACTION: Council consider a resolution authorizing the acceptance of a ten foot (10') wide Exclusive Water Line Easement. BACKGROUND BNI, LLC has agreed to convey a ten foot (10') wide exclusive Water Line Easement to the City of Beaumont. The easement is described as being a 0.1868 acre tract being out of Pelham Humphries Survey, Abstract No. 32. The easement will contain an 8" pvc water line and two (2) fire hydrants to serve a proposed metal building for new office space and warehouse located at 6395 Hwy 347. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of resolution. RESOLUTION NO. WHEREAS, BNI, LLC has agreed to convey one (1) ten foot (10') wide exclusive water line easement, said easement being a 0.1868 acre tract out of Pelham Humphries Survey, Abstract No. 32 as described and shown in Exhibit "1," attached hereto, to the City of Beaumont to serve a proposed metal building for new office space and warehouse located at 6395 Highway 347; and, WHEREAS, the City Council has considered the purpose of said conveyance and is of the opinion that the acceptance of said conveyance is necessary and desirable and that same should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT one (1) ten foot (10') wide exclusive water line easement conveyed by BNI, LLC, being a 0.1868 acre tract out of Pelham Humphries Survey, Abstract No. 32 as described and shown in Exhibit "1," attached hereto, be and the same is hereby, in all things, accepted for the stated purposes. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 25th day of July, 2017. - Mayor Becky Ames - STATE OF TEXAS X KNOW ALL MEN BY THESE PRESENTS: COUNTY OF JEFFERSON X WATER LINE EASEMENT THAT, BNI, LLC, a Louisiana Limited Liability Company, hereinafter called "GRANTOR", whether one or more, for and in consideration of the sum of ONE AND NO/100 DOLLAR ($1.00), and other good and valuable consideration to us in hand paid by the CITY OF BEAUMONT, a municipal corporation domiciled in Jefferson County, Texas, hereinafter called "GRANTEE", the receipt and sufficiency of which consideration is hereby acknowledged, has GRANTED, SOLD and CONVEYED, and by these presents does GRANT, SELL and CONVEY unto the CITY OF BEAUMONT, P. O. Box 3827, Beaumont, Texas 77704, Jefferson County, Texas, its successors and assigns, a perpetual, exclusive, water line easement (the "Easement") to construct, alter, and maintain waterlines and related appurtenances on the hereinafter described lands which said easement is under, over, in and across those certain tracts or parcels of land owned by GRANTOR situated in the County of Jefferson, State of Texas, and being more particularly described in Exhibit "A & B", attached and made a part hereof for all purposes (the "Easement Area"). The Easement herein granted shall be used for the purpose of placing, constructing, operating, repairing, rebuilding, replacing, relocating, and/or removing water lines and related appurtenances in the Easement Area, and, it is expressly understood and agreed that the City of Beaumont shall have the right of reasonable ingress to and egress from the Easement Area and use of the same for the purposes aforesaid; provided, however that Grantee use of the Easement and the rights appurtenant thereto shall in no event unreasonably interfere with or hinder the EXHIBIT 1" business operations on the Grantor's adjacent property and/or Grantor's ingress and egress thereto. Grantor reserves the right to continue to use and enjoy the surface of the Easement Area for all purposes that do not interfere with or interrupt the use or enjoyment of the Easement by Grantee for the purposes provided herein, including but not limited to the right to place surfacing materials over and across the Easement Area and to use the same for parking areas, driveways, walkways or sidewalks, landscaping and/or lighting; provided, however, no permanent buildings may be placed on the Easement Area. Notwithstanding the foregoing, Grantee shall not be responsible for the repair and replacement of any improvements placed by Grantor within the Easement Area and the same shall be repaired and maintained by Grantor, at Grantor's sole cost and expense. The conveyance of the Easement granted herein is made by Grantor and accepted by Grantee subject to any and all existing easements, covenants, rights-of-way, conditions, restrictions, outstanding mineral interests and royalty interests, if any, in the Easement Area of record in the office of the County Clerk of the County of Jefferson (collectively, the "Permitted Exceptions") This Easement may be amended or terminated only by the written consent of the parties hereto, or their respective successors and assigns. TO HAVE AND TO HOLD the above described easement and right-of-way unto the said CITY OF BEAUMONT, its successors and assigns forever, by, through, or under Grantor, but not otherwise, subject to the Permitted Exceptions. [Signature Page Follows] EXECUTED this day of 32017. GRANTOR: BNI, LLC a Louisiana Limited Liability Company, its sole member By: Printed Name: Xavier Grilletta, Jr. Title: Manager ACKNOWLEDGMENT STATE OF LOUISIANA X ST. TAMMANY PARISH X This instrument was acknowledged before me on this the day of , 2017, by Xavier Grilletta, Jr., Manager of BNI, LLC, a Louisiana Limited Liability Company, its sole member, on behalf of said limited liability company. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of , 2017. Notary Public, State of Louisiana RETURN TO: City of Beaumont Antoinette Hardy - Engineering P. O. Box 3827 Beaumont, TX 77704 TBPE Firm No. F-5755 x:. TBPL5 Firm No. im3soo t, LA EF.000sni ... r,- 3737 Doctors Drive OL-, Port Arthur, Texas 77642 SURVEYORS&ENGINEERS Office (409) 983.2004 Fax (409) 983.2005 EXHIBIT A 10 FOOT WIDE EXCLUSIVE WATERLINE EASEMENT 0.1868 ACRE OF LAND OUT THE PELHAM HUMPHRIES SURVEY, ABSTRACT NO. 32 JEFFERSON COUNTY, TEXAS BEING 0.1868 acre of land out of and a part of Pelham Humphries Survey, Abstract No. 32, Jefferson County, Texas; being part of a (Called 1.33 & 7.7944) acre tract described in a deed to BNI LLC, recorded in File No. 2017004086, Official Public Records, Jefferson County, Texas; said 0.1868 acre tract being more fully described by metes and bounds as follows, to wit: Note: Bearings, distances, coordinates and acreage are based on the Texas Coordinate System of 1983 South -Central Zone US. Survey Feet and are referenced to SmartNet, NorthAmerica. BEGINNING at a 3/4" steel rod found for the Westerly corner of a (Called 8.411) acre tract of land described in a deed to 6405 HWY 347, LLC, recorded in File No. 2015042108, Official Public Records, Jefferson County, Texas and being the Southerly Corner of the (Called 1.33) acre tract and the most Southerly corner of the herein described tract; said 3/4" steel rod being on the Northeasterly right of way line of a dedicated road named State Highway 347 (a.k.a. Twin City Highway); having a Texas Coordinate of N: 13951076.29, E: 3536349.45; THENCE, North 51 deg., 12 min., 24 sec., West (Called North 47 deg., 55 min., 00 sec., West), on the Northeasterly right of way line of said State Highway 347, a distance of 10.00' to a point for corner; from which a'/2" steel rod found for the most Southerly corner of the (Called 7.7944) acre tract of land described in a deed to Overnite Transportation Company, recorded in File No. 9732094, Official Public Records,, Jefferson County, Texas, and the Westerly Corner of the (Called 1.33) acre tract, bears North 51 deg., 12 min., 24 sec., West (Called North 47 deg., 55 min., 00 sec., West), a distance of 89.58'; THENCE, North 38 deg., 16 min., 18 sec., East, a distance of 370.89' to a point for corner; THENCE, North 51 deg., 43 min., 42 sec., West, a distance of 22.24' to, a point for corner; THENCE, South 83 deg., 16 min., 18 sec., West, a distance of 26.74' to a point for corner; THENCE, North 51 deg., 42 min., 41 sec., West, a distance of 322.09' to a point for the most Westerly corner of the herein described tract; THENCE, North 38 deg., 17 min., 19 sec., East, a distance of 72.00' to a point for the most Northerly corner of the herein described tract; THENCE, South 51 deg., 42 min., 41 sec., East, a distance of 10.00' to a point for corner; THENCE, South 38 deg., 17 min., 19 sec., West, a distance of 62.00' to a point for corner; THENCE, South 51 deg., 42 min., 41 sec., East, a distance of 307.94' to a point for corner; THENCE, North 83 deg., 16 min., 18 sec., East, a distance of 26.74' to a point for corner, THENCE, South 51 deg., 43 min., 42 sec., East, a distance of 36,38' to a point for corner on the Northwesterly line of the (Called 8.411) acre tract and the Southeasterly line of the (Called 1.33) acre tract for the most Easterly corner of the herein described tract; from which a 3/4" steel rod found for an angle point in the Northwesterly line of the (Called 8.411) acre tract and the Northeasterly Corner of the (Called 1.33) acre tract, bears North 38 deg., 16 min., 18 sec., East (Called North 42 deg., 05 min., 00 sec., East), a distance of 198.78'; THENCE, South 38 deg., 16 min., 18 see., West (Called South 42 deg., 05 min., 00 sec., West), on the Northwesterly line of (Called 8.411) acre tract and the Southeasterly line of the (Called 1.33) acre tract, a distance of 380.99' to the POINT OF BEGINNING and containing 0.1868 acre of land, more or less. This description is based on the Land Survey made by Anthony M. Leger, Registered Professional Land Surveyor No. 5481, on August 15, 2016. BNi LLC LS -16-0535 0 R i - (CALLED 6.411 ACRES) I 9 N:13951076.29' 6 F.# 20 8042,OBLC FOUND STEEL3RD S 38'16'18" W 380.99' —N 51'12'24" W 10.00' O.P.R.J.C._ _ (CALLED S 42'05'OD" W) a ^ W N 38'18'18' E 198.79' 3 C; l (CALLED N 42'05'00° E)// N 38'16'18" E 370.89' `�N FOUND 1 2" I STEEL OD I g^ I S 5143'42' E 38.38 ') m N I N 83'18'18" E 28.74 51.4342" W 22.24' BNI, LLC S 83'18'18" W 26.74' (CALLED 1.33 ACRES)'o,�'• I v F.0 2017004086 I — -------- --------T — I� N 3815'55' E —321.1.'v } z FOUND i 2" ROD I FOUND 1 /2" FOUND 1/2" STEEL STEEL yr I STEEL R8D ROD 0,1858 ACRE OF LAND o U7IU7IES EASEMENT "' I PART OF THE PELHAM HUMPHIRES SURVEY w a o I ABSTRACT NO. 32 d z w I 9 JEFFERSON COUNTY, TEXAS < • ((CALLED 7.7944 ACRES) n: a 6 0 x� a I OVERNITE TRANSPORTATION COMPANY F.# 9732094 I� y$ iFI N O.P.R.J,C w I I o I BNI, LLC z om I ,� 133 (CALLED 7.7944 ACRES) z W MI MI F.#201R.J.C. 6 O.P.R.J.C. S 3897'19' W 62.00' I Y WII51'4241" � S E I• 'n �z I N 3897'19' E 72.00' FOUND 3/4" I I I I I I STEEL ROD I I/ I/STEFOUEL ROD –– IN –––––––––––––––– 3895'40' E – – – – –– 789.20' �----------- – — — HANSFORD ASSOCIATES I (CALLED 2.34 ACRES) UM TED 102 HANSFORD PROPERTIES, INC. 89-0710IP I VOL 1416, PG. 365 ANTHONY M ER .P..J.C. D.R.J.C. REGIS ER PRO r ES5WNifLZtIND SURVEYOR NO. 5481 The undoraigned loon hereby certify that thin survey wag thin day B/18/2010 made, on the ground, of the 1 O 6EARIN05, DISTANCES, COORDINATES AND ACREAGE SHOWN ARE REFERENCED TO TEXAS COORDINATE SYSTEM OF 1983, I property legally daeorlbed horeoa In noeordonoe with the minimum otandards o7 prao8eo promulgated by SOU1H—CENTRAL ZONE, US SURVEY FEET, REFERENCED TO SMARINET, NORTH AMERICA the Texas Board of Profesnionol land Surveying. This survey la certified for thto tranooctlon only, and to not transferable to additional institutions or subbaequent owners. 3737 Doctors Drive SHEET TITLE PROJ. NO:16-0535—E OL= Port Arthur, Texas 776-42 EXHIBIT B SCALE: 1" = 100' Te1.409.983,2004 PAGE i OF 1 TO ACCOMPANY DESCRIPTION OF A, PRINT DATE: 6-2-17 10 FOOT WIDE EXCLUSIVE WATERLINE EASEMENT DRAWN BY: DNS SURVEYORS & ENGINEERS Fax 409.983.2005 0.1868 ACRE OF LAND OUT OF CHECKED BY: JM soutexsurveyors.com THE •PELHAM HUMPHIRES SURVEY LB.P.E. FIRM #5755 • T.X.L.S. FIRM #10123800 ABSTRACT NO. 32, JEFFERSON COUNTY, TEXAS APPROVED BY: AML 50 100 POINT OF BEGINNING FOUND 3/4" STEEL ROD 9 N:13951076.29' SCALEI"-100' E: 3536349.45' —N 51'12'24" W 10.00' .P..J.C. D.R.J.C. REGIS ER PRO r ES5WNifLZtIND SURVEYOR NO. 5481 The undoraigned loon hereby certify that thin survey wag thin day B/18/2010 made, on the ground, of the 1 O 6EARIN05, DISTANCES, COORDINATES AND ACREAGE SHOWN ARE REFERENCED TO TEXAS COORDINATE SYSTEM OF 1983, I property legally daeorlbed horeoa In noeordonoe with the minimum otandards o7 prao8eo promulgated by SOU1H—CENTRAL ZONE, US SURVEY FEET, REFERENCED TO SMARINET, NORTH AMERICA the Texas Board of Profesnionol land Surveying. This survey la certified for thto tranooctlon only, and to not transferable to additional institutions or subbaequent owners. 3737 Doctors Drive SHEET TITLE PROJ. NO:16-0535—E OL= Port Arthur, Texas 776-42 EXHIBIT B SCALE: 1" = 100' Te1.409.983,2004 PAGE i OF 1 TO ACCOMPANY DESCRIPTION OF A, PRINT DATE: 6-2-17 10 FOOT WIDE EXCLUSIVE WATERLINE EASEMENT DRAWN BY: DNS SURVEYORS & ENGINEERS Fax 409.983.2005 0.1868 ACRE OF LAND OUT OF CHECKED BY: JM soutexsurveyors.com THE •PELHAM HUMPHIRES SURVEY LB.P.E. FIRM #5755 • T.X.L.S. FIRM #10123800 ABSTRACT NO. 32, JEFFERSON COUNTY, TEXAS APPROVED BY: AML 50 100 9 SCALEI"-100' VI a ^ 3 C; M N .P..J.C. D.R.J.C. REGIS ER PRO r ES5WNifLZtIND SURVEYOR NO. 5481 The undoraigned loon hereby certify that thin survey wag thin day B/18/2010 made, on the ground, of the 1 O 6EARIN05, DISTANCES, COORDINATES AND ACREAGE SHOWN ARE REFERENCED TO TEXAS COORDINATE SYSTEM OF 1983, I property legally daeorlbed horeoa In noeordonoe with the minimum otandards o7 prao8eo promulgated by SOU1H—CENTRAL ZONE, US SURVEY FEET, REFERENCED TO SMARINET, NORTH AMERICA the Texas Board of Profesnionol land Surveying. This survey la certified for thto tranooctlon only, and to not transferable to additional institutions or subbaequent owners. 3737 Doctors Drive SHEET TITLE PROJ. NO:16-0535—E OL= Port Arthur, Texas 776-42 EXHIBIT B SCALE: 1" = 100' Te1.409.983,2004 PAGE i OF 1 TO ACCOMPANY DESCRIPTION OF A, PRINT DATE: 6-2-17 10 FOOT WIDE EXCLUSIVE WATERLINE EASEMENT DRAWN BY: DNS SURVEYORS & ENGINEERS Fax 409.983.2005 0.1868 ACRE OF LAND OUT OF CHECKED BY: JM soutexsurveyors.com THE •PELHAM HUMPHIRES SURVEY LB.P.E. FIRM #5755 • T.X.L.S. FIRM #10123800 ABSTRACT NO. 32, JEFFERSON COUNTY, TEXAS APPROVED BY: AML a�, ,y r , , •.p �.. w,, - Y ":ice � `� ` A . ':"�,-r , � y �� � .. r t t •m F e y '� .!^ '^frK'� , y 1 n * - t i., + w . � •. � .,,Cerltr'al�(�eight Li es :b ",�,�. ., r � i4? r5' - 3 ', + •�� 4. ��.. N I i t .. ~ ,fi � +ate � 't ay # �G - $ w '�'° .� ,:� �' � �"" Flere•Rent Is t•> � . . ' \ , "+, � , � x , ;, { �#" err.'{}t•.. �,.. .,. � • /,/, '...Y i� R. ''> ��! J Y k y n��rf ae Circle D Boats *,r � m i x l-";l,Gogld"'eii'THand Y Chun- h on the Rock Enterpn e Pr . s, odt�ets k � �, . a � illi '� �� a >� •"� �'� �' ' , , ¢ >t'` J epUl)ilC Sery eS k t �' �G Y Y r�. 1 a�rr�"` s: 4,� !�� .� •'�. ,'�+., •yk: ��1,.� � �, at 4 , � fix �* «� r as `'x * * — - - w �� � �4t ,h .,. � � 1. �,a�' � .• ._ . + • P Y r +. u .. M E BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager 64 PREPARED BY: Dr. Joseph Majdalani, P.E., Public Works Director-2?1 MEETING DATE: July 25, 2017 REQUESTED ACTION: Council consider a resolution rejecting a bid for the Sanitary Sewer Manhole Rehabilitation Work Order Contract Project (Bid No. WU0417-08). BACKGROUND As part of the City's Sanitary Sewer Overflow (SSO) Mitigation and Response Plan, the Sanitary Sewer Manhole Rehabilitation Work Order Contract Project will allow for the rehabilitation and replacement of defective manholes throughout the City. On July 6, 2017, at 2:00 P.M., in City Council Chambers, one (1) bid was received. The bid was evaluated by the City's Water Utilities Engineer and found to be incomplete as per the contract documents supplied to all interested bidders, and was 39.5% over the Engineer's estimate. It is the recommendation of the Water Utilities Engineering Division to reject the bid received from MK Contractors and rebid at a later date. J FUNDING SOURCE Capital Program. RECOMMENDATION Approval of resolution. BID TABULATION Sanitary Sewer Manhole Rehabilitation Work Order Contract (Bid No. WU0417-00) DID OPENING DATE: Thursday, July 06, 2017 The Bid Proposals submitted have bee wVand to the best of my knowledge this is an accurate tabulation of the bids received. By: Phi Nguyen, PE,' t li)itfas Engineer Dale: 7/10/2017 .f PHI D. NGUYEN 82045 . �f ITEM QUANTITY UNIT DESCRIPTION BDS Contractors, LLC (MK Contractors) VIDOR, TX MICHAEL BROWN Bid Ad)ualment Factor 1.395 UNIT PRICE TOTAL BASE BID ITEMS ITEM NO. 1 50 BY Full - Depth Repair Sidewalk (5") 3 145.08 S 7,254.00 ITEM NO, 2 50 SY Full - Depth Repair Driveway (6") S 251.10 S 12,555.00 ITEM NO. 3 50 BY Full - Depth Repair CPJR (B"-10") S 306.90 $ 15,345.00 ITEM NO.4 150 BY Ffexib)e.Pavement Structure Repair (8") $ 104.63 S 15,693.75 ITEM NO, 5 15 EACH Baericaaos, Signs and Traffic Handling, S 279,00 S 4,185.00 ITEM NO. 6 5 EACH ildjudUReaet Manhole with New Frame and Cover Up to One Fool $ 1,04625 S 5,231.25 ITEM NO, 7 5 EACH AdjusURosal Manhole with Exisling Frame and Cover Up to One Fool $ 627.75 $ 3,138-75 ITEM NO, B 20 VF AdjustfReset Manhole, Excess Over One Foo! 5 157.74 $ 3,154,85 ITEM NO. 9 760 VF Rehabifitaflon of Manhole by 1" Thick Concrete Uner Approved Min Design (Including Bench Work) S 251.10 $ 190,836,00 ITEM NO. 10 48 EACH Maniiote Inserts $ 313.88 S 15,066,00 ITEM NO. 11 194 EACH Rehabillfa)ion of Manhole Benches and Inverts (only when consirucled without wall lining) $ 785,49 $ 152,385,51 ITEM NO. 12 5 EACH Remove and Replace or Install New Sid" Manhole, 0 to 5' Depth, With All Joints B Connections $ 7,672.50 5 38,362 50 ITEM NO. 13 a EACH Remove and Replace or Install New Sid. Fiberglass Manhole, Via 8' Depth, With All Joints & Connections S 9,765.00 S 78,120,00 ITEM NO. 14 B EACH Remove and Replace or Install New Std, Manhole, 5' to 8' Deplh, With All Joints & Connections (Pre -Cast Concrete) $ 11,160:00 S 89,260,00 ITEM NO. 15 50 VF Extra Depth for New or Replacement Std. Manhole, Over 6' Feel Depth (Pre -Cast Concrete or Fiberglass) $ 313,88 $ 15,693.75 ITEM NO, 16 20 CY Special Excavation By Hand When Approved By The Engineer $ 83.70 $ 1,674.00 ITEM NO. 17 200 LF Trench Excavation Protection $ 9.77 S 1,953.00 BASE BID QUANTITIES TOTAL S 649,928.35 TOTAL $649,928,35 Bid (Page 15) Yes Acknowledged Addendum 1 NIA Bid Schedule (Page 18.19) Yes MoblirationlDemobilizaaon Not to Exceed 3% of Total Project Bid NA Bid Summary (Page 21) Yes Corporate Resolution (Page 23) Yes Bid Bond (Page 24) Yes Information Required of Bidder (Page 25-27) Yes Conflict of Interest Questionnaire (Page 28-29) Yes Statement of City Charier Provision an Conflict of Interest (Page 30) Yes Insurance Requirement Affidavit (Page 45) No Certificate of Insurance (Page 46-48) Yes Schedule of MBE Participation (Page 53) Yes CerI117=te of Interested Partiaa (Pao 56 No RESOLUTION NO. WHEREAS, on July 6, 2017, one (1) bid was received for the Sanitary Sewer Manhole Rehabilitation Work Order Contract Project; and, WHEREAS, the City Water Utilities Engineer evaluated the one (1) bid and found the bid received to be incomplete as per the contract documents supplied to all interested bidders; and, WHEREAS, it is the recommendation of City of Beaumont Water Utilities Engineering Division to reject the bid and that the project be rebid at a later date; and, WHEREAS, the City Council finds it is not in the best interest of the citizens of Beaumont to accept the bid for the Sanitary Sewer Manhole Rehabilitation Work Order Contract Project and that said bid should be rejected; 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 does hereby reject the bid for the Sanitary Sewer Manhole Rehabilitation Work Order Contract Project. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 25th day of July, 2017. - Mayor Becky Ames - F BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Dr. Joseph Majdalani, P.E., Public Works Director MEETING DATE: July 25, 2017 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to execute Change Order No. 2, accept maintenance and authorize final payment for the Sanitary Sewer Lift Station Rehabilitation — Arthur Lane, Holiday Street & Voth Road Project. BACKGROUND On July 26, 2016, by Resolution 16-131, City Council awarded a contract to BDS Construction, LLC dba MK Constructors of Vidor, Texas, in the amount of $594,133.00. Previous Change Order No. 1 in the amount of $7,100.00 resulted in an increase to the original contract making the new contract amount $601,233.00. Change Order No. 2 is required to adjust the contract time to reflect weather and other delays. The project has been inspected by Schaumburg & Polk, Inc. and Water Utilities and found to be complete in accordance with the provisions and terms set out in the contract. Acceptance of maintenance, approval of Change Order No. 2, and final payment in the amount of $30,061.65 is recommended. FUNDING SOURCE Capital Program. RECOMMENDATION Approval of resolution. RESOLUTION NO. 16-131 WHEREAS, bids were solicited for a contract to provide all labor, materials, equipment and supplies for the Sanitary Sewer Lift Station ,Rehabilitation -Arthur Lane, Holiday Street & Voth Road Projects; and, WHEREAS, BDS .Constructors, LLC d/b/a MK Constructors, of Vidor, Texas, submitted a bid in the amount of $594,133.00; and, WHEREAS, City Council is of the opinion that the bid submitted by BDS Constructors, LLC d/b/a MK Constructors, of Vidor, 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 BDS Constructors, LLC d/b/a MK Constructors, of Vidor, Texas, in the amount of $594,133.00 for a contract to provide all labor, materials, equipment and supplies for the Sanitary Sewer Lift Station Rehabilitation -Arthur Lane, Holiday Street & Voth Road Projects be accepted by the City of Beaumont; and, BE IT FURTHER RESOLVED THAT the City Manager be and he is hereby authorized to execute a contract with BDS Constructors, LLC d/b/a MK Constructors, of Vidor, Texas, for the purposes described herein. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 26th day of July, 2016. i� 7 e July 11, 2017 Ms. Amalia Villarreal, P.E. Water Utilities Engineer 1350 Langham Road Beaumont, Texas 77704 Re; City of Beaumont Sanitary Sewer Lift Station Rehabilitation Arthur Lane, Holiday Street & Voth Road Project WU0616-02 Certificate of Completion Dear Ms. Villarreal, SCHAUMBURG P. POLK, This letter is intended to serve as our written certification that the above referenced project has been completed, and to the best of our knowledge, the work has been constructed in accordance with the plans, specifications, and approved change orders. If you need any additional information, please call. Sincerely, SCHAUMBURG & POLK, INC. hffreG. .eaver P. E. cc: Mr. Mike Suire, Mk Constructors TCEQ Beaumont, Region 10 QF 3C �Gs GB *. ......................... 0 JEFFREY G. BEAVER ��8 w 60676, : �, F:\BMT\1137 Arthur Holiday Voth LS\Contruction Docs\Closeout Docs\Molly COCA= SMEN com. APPROVAL OF CONTRACT CHANGE CHANGE ORDER No. Two (2) & FINAL Date: 6/1/2017 PROJECT: City of Beaumont, Texas Sanitary Sewer Lift Station Rehabilitation Arthur Lane, Holiday Street & Voth Road WU0616-02 OWNER: City of Beaumont, Texas 801 Main Street Beaumont, Texas 77704 CONTRACTOR: BDS Constructors, LLC. dba MK Constructors 167361H10 Vidor, Texas 77662 TO THE OWNER: Approval of the following contract change is requested. Reason for Change: To adjust the contract time to provide for rain out days during construction, and for time required for approval and electrical installation by Entergy. ORIGINAL CONTRACT AMOUNT: $ 594,133.00 CHANGE ORDER No. ONE (1): $ 7,100.00 TOTAL REVISED CONTRACT AMOUNT INCLUDING PRIOR APPOVED CHANGE ORDERS: $ 601,233.00 CONTRACTTIME Original ContractTime: 180 Calendar Days Change Order No.1 10 Days This Change Order: Rain Days above contract allowance 9 Days This Change Order: Time required for approval and electrical installation by Entergy 22 Days Revised Contract Time per this Change Order: 221 Calendar Days CONDITION OF CHANGE: "Contractor acknowledges and agrees that the adjustments in contract price and contract time stipulated in this Change Order represents full compensation for all increases and decreases in the cost of, and the time required to perform the entire work under the Contract arising directly or indirectly from this Change Order and all previous Change Orders. Acceptance of this waiver constitutes an agreement between Owner and Contractor that the Change Order represents an all inclusive, mutually agreed upon adjustment to the Contract, and that Contractor will waive all rights to file a claim on this Change Order after it is properly executed." R o mende y:; Schaumburg Polk, Inc. Engineer Date: ZVLld, L-7 Approved by: Accept- by.: City of Beaumont BDS Constructors, LLC. Dba MK Constructors Owner Contractor Date: Date: I - \z - \1 Page I of I FA MONTHLY ESTIMATE FOR CITY OF BEAUMONT JEFFERSON COUNTY Sanitary Sewer Lift Stations Rehabilitations - Arthur Lane, Holiday Street iii Voth Road DATE: May 24, 2017 ESTIMATE NO.: Retainage ORIGINAL CONTRACT AMOUNT $ 594,133.00 CONTRACT AMOUNT INCLUDING CHANGE ORDERS - $ 601,233.00 CALENDAR DAYS ALLOWED: 221 TOTAL AMOUNT OF WORK DONE TO DATE $ 601,233.00 CALENDAR DAYS USED: 211 TOTAL MATERIALS ON HAND CALENDAR DAYS OVER: TOTAL WORK AND MATERIALS $ 601,233.00 CONTRACT TIME BEGAN: September 12. 2016 LESS: RETAINAGE 5% Note: PREVIOUS PAYMENTS $ 571,171.35. Contract amount revised per change order No. 1 TOTAL DEDUCTIONS $ 571,171.35 AMOUNT DUE CONTRACTOR $ 30,061.65 CERTIFCATE OF THE CONTRACTOR OR HIS DULY AUTHORIZED REPRESENTATIVE Percent Complete To the best of my knowledge and belief, I certify that all items, quantities and prices of work and material shown on the face of this estimate are correct; that all work has been performed and materials supplied in full accordance with the terns and conditions of the corresponding construction contractual documents between the OWNER AND CONTRACTOR, all changes authorized thereto; that the forgoing is a true and correct statement of the contract account up to and including the last day of the period covered by the estimate and that no part of the "AMOUNT DUE CONTRACTOR" has been I further certify that all just and lawful bills against the below named CONTRACTOR for labor, materials, and expendable equipment employed in the performance of said contract have been paid In full accordance with the contract requirements SUBMITTED BY: REVIEWED BY: APPROVED BY: ' APPROVED BY: P � � Michael Su P nater BIDS Contra o ort r. SCHAUMRG & POLK, INC. CITY OF BEAUMONT, TEXAS CITY OF &U401, TEXAS 4 `\ \� % / DATE: DATE: DATE: 3 DATE: _ Pzge1 °(1 100.00 MONTHLY ESTIMATE FOR CITY OF BEAUMONT JEFFERSON COUNTY Sanitary Sewer Lift Stations Rehabilitations -Arthur Lane, Holiday Street & Voth Road ESTIMATE NO: 6 DATE: May 3, 2017 CONTRACT QUANTITY THIS QUANTITY TO TOTAL COST TO 810 ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE ESTIMATE DATE DATE -------_-- ARTHUR LANE LIFT STATION MR, 5 .7 .7 IFA ..... CG9C:"tGei i"" IN61V 49MW" VOTH ROAD LIFT STATION =% Page 1013 MONTHLY ESTIMATE FOR CITY OF BEAUMONT JEFFERSON COUNTY Sanitary Sewer Lift Stations Rehabilitations - Arthur Lane, Holiday Street & Voth Road ESTIMATE NO: 6 DATE: May 3, 20]7 "AA F -M m "n M. ---------------- --- 0- - .. .. ELK . ..... .. 7 P.- R Ejin EAL Parc....... .... . . HOLIDAY STREET LIFT STATION M 73 uFrt(siarrlstattaas!gnndeti(on 5:, LAE .......... .. LIU `7 R J M:'�'-404'—NEM "'A mi 26013 UQ` 7777-77 7 ,'777 3 1 -57 7 1 Ny2d3 MONTHLY ESTIMATE FOR CITY OF BEAUMONT JEFFERSON COUNTY Sanitary Sewer Lift Stations Rehabilitations -Arthur Lane, Holiday Street S Voth Road ESTIMATE NO: 6 DATE: May 3, 2017 $ 594,133.00 CHANGE ORDER No. 1 EXECUTED DATE March 6. 2017 13 add 2' conduit, vent staWand bypass assembly at Voth Rd Is 1 3r , aSsPi).4 2 , j 1 1 $ 7.400.00 Y3 add 2" conduit, vent stack and bypass assembly at Holiday St Is lrkYspnalclass@Midi►mltl 5 ,. - LS $ 7,400.001 m$nit?bd` fR20A �2 00: COQ X00 . ..: ya a.....:::.... .... 77 : .:�.,.,.d-;. ......,., z,.«,.*,t.. n,.F. .. ..::. ...:. t.. ,.,:.. ..:5.'.. .. ,.... :.,.. ...: -100 TON $ :.. - (4,500:00) 31 deduct cement stabilized sand i TON $ 32.00 $ 594,133.00 CHANGE ORDER No. 1 EXECUTED DATE March 6. 2017 13 add 2' conduit, vent staWand bypass assembly at Voth Rd Is 1 LS $ 7:400.09 1 1 $ 7.400.00 Y3 add 2" conduit, vent stack and bypass assembly at Holiday St Is 1 LS $ 7,400.001 1 1 $ 7,400.00 33 deduct class 1 embedment -100 TON $ 45.00 -100 -100 $ (4,500:00) 31 deduct cement stabilized sand -100 TON $ 32.00 -100 -100 $ (3,200.00) CHANGE ORDER SUBTOTAL $ 7,100.00 Note: Pege3d3 TOTAL AMOUNT OF WORK PERFORMED TO DATE: I $ 601,233.00 RESOLUTION NO. WHEREAS, on July 26, 2016, the City Council of the City of Beaumont, Texas, adopted Resolution No. 16-131 approving the award of a contract to BDS constructors, LLC d/b/a MK Constructors, of Vidor, Texas, in the amount of $594,133.00 for the Sanitary Sewer Lift Station Rehabilitation -Arthur Lane, Holiday Street & Voth Road Projects; and, WHEREAS, on March 16, 2017, the City Manager executed Change Order No. 1 in the amount of $7,100.00 to provide additional electrical and mechanical improvements to the Holiday Street and Voth Road lift stations; adjust the existing bid item quantities; and, to include time to perform the work for the additional improvements, thereby increasing the total contract amount to $601,233.00; and, WHEREAS, Change Order No. 2 is required to increase the contract time to provide for weather and other delays, thereby having no effect on the total contract amount of $601,233.00; and, WHEREAS, the project has been inspected by the Schaumburg & Polk, Inc. and the Water Utilities Department and found to be complete in accordance with the provisions and terms set forth in the contract; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted, and, THAT the City Manager be and he is hereby authorized to execute Change Order No. 2 for the additional time described above, thereby having no effect on the contract amount.of $601,233.00, for the Sanitary Sewer Lift Station Rehabilitation -Arthur Lane, Holiday Street & Voth Road Projects; and, BE IT FURTHER RESOLVED THAT the Sanitary Sewer Lift Station Rehabilitation -Arthur Lane, Holiday Street & Voth Road Projects be and the same are hereby found to be complete in accordance with the terms of the contract and are accepted; and, BE IT ALSO RESOLVED THAT the City Manager is hereby authorized to make final payment in the amount of $30,061.65 to BDS constructors, LLC d/b/a MK Constructors, of Vidor, Texas. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 25th day of July, 2017. - Mayor Becky Ames - I G BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Bart Bartkowiak, Chief Technology Officer )313 MEETING DATE: July 25, 2017 REQUESTED ACTION: Council consider a resolution approving a payment to Motorola for an annual maintenance agreement to support the 800 MHz radio system. BACKGROUND The 800 MHz radio system is used by EMS, Fire, Police and numerous other departments throughout the City for daily communications. The agreement is exempt from competitive bidding since it is available from only one (1) source having exclusive rights to maintain the radio infrastructure. The maintenance agreement provides for constant monitoring of the radio system and 911 dispatch centers as well as dispatching of repair personnel with replacement parts when required. The 800 MHz radio system is shared with Jefferson County, Hardin County, Orange County, the City of Orange, the cities of Groves, Nederland, Port Arthur and Port Neches, the Port of Beaumont, BISD, Water District No. 10, ESD3, ESD4, Acadian and Lamar University's Police Department. The annual cost of the maintenance contract is in the amount of $712,990.56 and is allocated among all agencies by the number of radios each agency has on the system. Funding is available through the Department of Homeland Security Supplemental 2015 Port Security Grant Program (PSGP) for 75% of this year's maintenance in the amount of $534,742.92. The 25% match will be shared among all participating entities. The City of Beaumont's portion of the match will be $52,724.69. FUNDING SOURCE Capital Reserve Fund. RECOMMENDATION Approval of resolution. Facie 1 MOTOROLA SOLUTIONS ORIGINAL INVOICE Motorola Solutions, Inc. Transaction Number Transaction Date Total 500 West Monroe 8230136509 30 -JUN -2017 712,990.56 USD Chicago IL 60661 United States Federal Tax ID: 36-1115800 P.O. Number P.O. Date Customer Account No 1011951705 Payment Terms Payment Due Date Net Due in 20 Days 20-JUL-2017 Visit our website at www.motorolasolutions.com Bill To Address City of Beaumont ATTN: Accounts Payable PO Box 3827 BEAUMONT TX 77704 United States IMPORTANT INFORMATION Contract Number Invoiced From For all invoice payment inquiries contact USC000005054/ 01 -MAY -2017 MAGDALENA WITCZAK S00001017979 Invoiced To (PWGR63@motorolasolutions.com) RN17 30 -APR -2018 Telephone: +1(631)729-2491 Fax: +1(631)883-4238 Sales Order(s): USC000005054 SPECIAL INSTRUCTIONS / COMMENTS General Comment: Regular Invoice Line Item Number Description Qty. Unit Price Amount Item # (USD) (USD) Contract Start Date: 01 -MAY -2017 Contract End Date: 30 -APR -2018 SVC01SVC1103C ASTRO NETWORK MONITORING 1 35,269.20 SVC01 SVC1104C ASTRO TECHNICAL SUPPORT 1 17,761.56 SVC01SVC1413C ONSITE INFRASTRUCTURE RESPONSE -PREMIER 1 354,597.96 SVC01SVC1102C ASTRO DISPATCH SERVICE 1 18,367.68 SVC01SVC1101C ASTRO INFRASTRUCTURE REPAIR W/ADV REPL 1 258,090.36 SVC01SVC1405C NETWORK PREVENTATIVE MAINTENANCE -LEGACY 1 28,903.80 TX Tax at 0% 0.00 $712,990.56 Please Detach Here and Return the Bottom Portion With Your Payment ------------------------------------------------------------------------------------------------ Transaction Number Customer Account No Payment Due Date 8230136509 10119517 1 20-JUL-2017 Please put your Transaction Number and your Customer Account Number on your payment for prompt processing. City of Beaumont ATTN: Accounts Payable PO Box 3827 BEAUMONT TX 77704 United States Payment Coupon Transaction Total 712.990.56 USD Send Payments To: aMOTOROLA SOLUTIONS Motorola Solutions, Inc. 13096 Collections Center Drive Chicago IL 60693 United States TO EXPORT CONTROL LAW IS PROHIBITED Amount Paid Wire Transfer Details CHICAGO SWIFT: BOFAUS3N Bank Account No: 3756319822 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 approve a payment in the amount of $712,990.56 to Motorola for an annual maintenance agreement for support of the 800 MHz radio system. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 25th day of July, 2017. - Mayor Becky Ames - H TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Bart Bartkowiak, Chief Technology Officer MEETING DATE: July 25, 2017 REQUESTED ACTION: Council consider a resolution approving the renewal of an. annual support agreement for the ShoreTel phone systems from Creative Switching Designs, Inc. for use throughout the City of Beaumont. BACKGROUND The ShoreTel phone system used by many City facilities. The ShoreTel phone system provides telephone communications, voice mail and four digit dialing to all facilities with ShoreTel installed. The purchase is exempt from competitive bidding since it is available from a sole source vendor having exclusive rights to maintain the ShoreTel infrastructure. The amount is $82,456.61. FUNDING SOURCE General Fund. RECOMMENDATION Approval of resolution. Creative Switching Designs P.O. Box 917 Katy, Texas 77492.0917 BiII;To City of Beaumont Attn: Accounts Payable PO Box 3827 Beaumont, Texas 77704 -Ship To• = "' Communications 610 Marina Dr Beaumont, Texas 77703 Invoice .Date °, . ' Invoice # 6/16/2017 10122 P:O Number Terms Due'Date =- Rep Terry LaFleur Due on receipt 6/16/2017 HMR Quantity . ` Item Code Description ;_Price Each Arnoun#; 1 SHO -94111 ShoreCare Partner Support: 1 Year -No Phones (Gold) From 8/30/17 to 8/29/18 82,456.61 82,456.61T There will be a 10% interest fee for invoices not paid within 30 days from Invoice Date. Subtotal $82,456.61 Sales Tax (0.0%) $0.00 Payments/Credits $0.00 Balance Due $82,456.61 June 16, 2017 Terry LaFleur City of Beaumont 801 Main St. Suite 330 Beaumont, Texas 77704-3827 Dear Mr. LaFleur: The current ShoreCare Agreement on the ShoreTel Phone System expires on 08/29/2017. If you are interested in extending this agreement, all you need to do is fill out the bottom with the Type of Service you want and sign. If you use a Purchase Order please attach this form to the Purchase Order. A 20% re -instatement fee will apply if payment is not received prior to expiration of existing agreement. Type of Service Bronze Silver Gold Description of Advanced Everything listed on Everything listed coverage: Replacement/Exchange Bronze plus Remote for Bronze and of all Hardware. Phone MAC'S (Moves, adds Silver plus labor support/on-site trouble and changes) apply on software shooting and software only to the system upgrades. upgrades. (Labor on configuration at time software upgrade of service contract. Phones are not install not covered) (Does not include re- covered. Phones are not installation of current covered. system.) Phones are not covered. Price for a year: 08/30/17 to $49,973.70 $72,461.87 $82,456.61 08/29/18 Type of Service: GOLD PO Referenced: Signature: Terry LaFleur If you should choose not to participate in an annual agreement, service could be rendered on an as needed basis. Labor costs are $160.00 per hour. Parts prices are per manufacturers published price. Each service call would also be charged travel time but no mileage charge. Phone coverage quotes upon request. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Council hereby approves the renewal of an annual support agreement for the ShoreTel phone systems from Creative Switching Designs, Inc., of Houston, Texas, the sole source having exclusive rights to maintain the ShoreTel infrastructure, in the amount of $82,456.61 for use by all City departments; and, BE IT FURTHER RESOLVED THAT the City Manager be and he is hereby authorized to execute an annual support agreement with Creative Switching Designs, Inc., of Houston, Texas, for the purposes described herein. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 25th day of July, 2017. - Mayor Becky Ames - BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Todd Simoneaux, Chief Financial Officer MEETING DATE: July 25, 2017 REQUESTED ACTION: Council consider a resolution approving a three (3) year contract with Cigna for various life insurance policies. BACKGROUND The City provides basic life and accidental death and dismemberment (AD&D) insurance for approximately 1239 employees. The City -sponsored life insurance is provided at no cost to the employee. The amount of the insurance coverage is one hundred percent (100%) of the employee's annual base salary rounded to the next highest $1000 to a maximum benefit of $50,000. Employees may elect to purchase Supplemental Life and Dependent Life at a group rate. The Supplemental Life is offered to all employees with approximately 912 currently participating. In March of 2017, City staff began analyzing the City -sponsored Life insurance cost. Staff also began working with the City's benefit consultant, Holmes Murphy & Associates to solicit best and final bid proposals on the City's behalf. The City received a total of nine (9) proposals from the following companies: Cigna, Ochs, Lincoln National, Dearborn National, Symetra, Met Life, Prudential, United Healthcare and The Standard. Upon receipt and review of the proposals, five (5) bidding carriers were eliminated from consideration because their proposed rates were much higher for basic and supplemental life coverage and the other two (2) bidding carriers were eliminated because they quoted voluntary life rates which are not in compliance with the bid specs nor match the City's current benefits. Cigna, the incumbent carrier, offered the same coverage of benefits currently provided to employees and dependents at the current rate of $0.155 per $1000. The effective date for the new polices would be January 1, 2018. Basic Life/AD&D and Supplemental Life/AD&D/Dependent Life July 25, 2017 Page 2 The proposed pricing analysis based on 1,239 employees is as follows: Vendor Life & AD&D Monthly Annual Monthly Rate Premiums Premiums $0.155 $8,253 $99,032 Cigna $0.218 $11,607 $139,283 Dearborn National $0.155 $8,253 $99,032 Lincoln National $0.145 $7,720 $92,643 Met Life $0.132 $7,028 $84,337 Ochs $0.250 $13,311 $159,729 Prudential $0.255 $13,577 $162,923 Symetra $0.200 $10,649 $127,783 The Standard $0.248 $13,204 $158,451 United Health Care FUNDING SOURCE Employee Benefits Fund. RECOMMENDATION Approval of resolution. Cigna Dearborn Lincoln MetLife Ochs Prudential The Standard Symetra UHC w°`�wGi m 6 Q FoCO �h C cwy Q,v c69 �° ZI O0. VO Ow 97 87 96 79 77 72 87 71 77 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 three (3) year contract with CIGNA in the estimated annual amount of $99,032.00 for Basic Life and Accidental Death and Dismemberment (AD&D), Supplemental Life and Accidental Death and Dismemberment and Dependent Life Insurance effective January 1, 2018. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 25th day of July, 2017. - Mayor Becky Ames - J BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager ,4 PREPARED BY: Tyrone E. Cooper, City Attorney MEETING DATE: July 25, 2017 REQUESTED ACTION: Council consider a resolution authorizing the settlement of the lawsuit styled Jerome Woods v. The City of Beaumont; Cause No. E-198,884. BACKGROUND The lawsuit styled Jerome Woods v. The City of Beaumont; Cause No. E-198,884, was presented and discussed in Executive Session held on May 30, 2017. The City Attorney is requesting authority to settle this suit in the amount of $35,000.00. FUNDING SOURCE General Liability Fund. RECOMMENDATION Approval of resolution. RESOLUTION NO. WHEREAS, the lawsuit styled Jerome Woods v. The City of Beaumont; Cause No.E-198,884, was discussed in Executive Session properly called and held Tuesday, May 30, 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 Jerome Woods v. The City of Beaumont; Cause No.E-198,884, for the sum of Thirty -Five Thousand and XX/100 Dollars ($35,000.00); 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 25th day of July, 2017. - Mayor Becky Ames - K TEXAS TO: City Council FROM: Kyle Hayes, City Manager /fA PREPARED BY: Tyrone E. Cooper, City Attorney MEETING DATE: July 25, 2017 REQUESTED ACTION: Council consider a resolution authorizing the settlement of the lawsuit styled Gayle M. Harris v. Payne's Wrecker Service, Inc.; Russell G. Huff, and the City of Beaumont, Texas; Cause No. 0128051. BACKGROUND The lawsuit styled Gayle M Harris v Pame's Wrecker Service Inc.; Russell G. Huff; and the City of Beaumont, Texas; Cause No. 0128051, was presented and discussed in Executive Session held on July 11, 2017. The City Attorney is requesting authority to settle this suit in the amount of $206,252.56. FUNDING SOURCE General Liability Fund. RECOMMENDATION Approval of resolution. RESOLUTION NO. WHEREAS, the lawsuit styled Gayle M. Harris v. Payne's Wrecker Service, Inc.; Russell G. Huff; and the City of Beaumont, Texas; Cause No. 0128051, was discussed in Executive Session properly called and held Tuesday, July 11, 2017; and, WHEREAS, the City Attorney is requesting authority to settle this lawsuit for the base amount of Two Hundred Six Thousand, Two Hundred Fifty -Two and 56/100 Dollars ($206,252.56) from Payne's Wrecker Service, Inc; and, WHEREAS, Nineteen Thousand, Two Hundred Nine and 09/100 - Dollars ($19,209.09) will be reimbursed from American Transit to the City of Beaumont; and, WHEREAS, the City of Beaumont will keep the bus as salvage; and, WHEREAS, the City of Beaumont wishes to seek a waiver from the Federal Transit Authority (FTA); and, WHEREAS, the City Council has considered the merits of the requests 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 Gayle M Harris v Payne's Wrecker Service Inca Russell G. Huff; and the City of Beaumont, Texas; Cause No. 0128051, for the sum of Two Hundred Six Thousand, Two Hundred Fifty -Two and 56/100 Dollars ($206,252.56); and, BE' IT FURTHER RESOLVED THAT Nineteen Thousand, Two Hundred Nine and 09/XX Dollars ($19,209.09) will be reimbursed to the City from American Transit; and, BE IT ALSO RESOLVED THAT the City of Beaumont will keep the bus as salvage; and, BE IT ALSO RESOLVED THAT the City Manager be and he is hereby authorized to seek a waiver from the Federal Transit Authority (FTA); and, BE IT ALSO RESOLVED THAT the City Manager be and he is hereby authorized to execute all necessary documents related to settlement of the lawsuit. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 25th day of July, 2017. - Mayor Becky Ames - BEAUMONT TEXAS REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS JULY 25, 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 1, 6-8 / Consent Agenda Consent Agenda GENERAL BUSINESS Conduct an election of Mayor Pro Tempore 2. Consider a request for a Specific Use Permit to allow a church in an RCR (Residential Conservation Revitalization) District located at 1728 Park Street 3. Consider a request for a Specific Use Permit to allow an automotive parts wholesale distribution center in the CBD (Central Business District) located at 660 Fannin Street 4. Consider a request for a Specific Use Permit to allow a Certified Public Accountant's office located at 2643 North Street in an RCR-H (Residential Conservation Revitalization -Historic) District 5. Consider a request for a rezoning from RS (Residential Single -Family) District to RM -H (Residential Multiple -Family Dwelling Highest Density) District and a Specific Use Permit to allow an Assisted Senior Living Facility located at 2335 and 2365 South Major Drive 6. Consider amending Chapter 22, Division 3, Section 22.05.102 of the Code of Ordinances related to Solid Waste Disposal by Private Collectors 7. Consider granting a new solid waste transportation service Agreement with 2S Roll off Services, LLC 8. Consider amending Chapter 22, Division 1, Sections 22.02.001 and 22.02.002 of the Code of Ordinances related to Water and Wastewater Service Rate COMMENTS Public Comment (Persons are limited to 3 minutes) * Councilmembers/City Manager comment on various matters EXECUTIVE SESSION * Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code: Interflow Factors Corporation v. Valory Barnett, Individually and dba PCLC Landscape Management and the City of Beaumont, Texas; No. 130641 Complaint of Extenet Systems, Inc. Against the City of Beaumont for Violations of Chapter 283 of the Texas Local Government Code; Public Utility Commission of Texas Docket No. 46914 Claim of AH United Carriers James Mathews vs. City of Beaumont, Texas; Cause No. A-192,887 Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact Kaltrina Harbuzi at 880-3777. 1 July 25, 2017 Conduct an election of Mayor Pro Tempore Article III, Section 6 of the City Charter states "The City Council shall elect one of its members as Mayor Pro Tempore for a one (1) year term. The Mayor Pro Tempore shall perform the duties of the Mayor in case of the absence or inability of the Mayor to perform the duties of his/her office, and, if a vacancy occurs, shall become Mayor for the unexpired term." RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT is elected Mayor Pro Tempore for a one (1) year term. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 25th day of July, 2017. - Mayor Becky Ames - 2 July 25, 2017 Consider a request for a Specific Use Permit to allow a church in an RCR (Residential Conservation Revitalization) District located at 1728 Park Street BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager 6->6 PREPARED BY: Chris Boone, Planning & Community Development Director MEETING DATE: July 25, 2017 REQUESTED ACTION: Consider a request for a Specific Use Permit to allow a church in an RCR (Residential Conservation Revitalization) District located at 1728 Park Street. BACKGROUND Guadalupe Serna would like to use the property at 1728 Park Street for a church. The congregation proposes to have services on Sunday morning from 10 a.m. to 12 noon, Sunday evening from 7 p.m. to 9 p.m., Wednesday evening from 7 p.m. to 9 p.m. and Friday evening from 7 p.m. to 9 p.m. The church will also be used for various birthday, wedding, and anniversary celebrations. A ten (10) foot wide landscaped buffer will need to be provided along the neighboring property lines and perimeter landscaping is required at the street along the parking area. In addition, an eight (8) foot wood or masonry fence is required to be maintained between commercial and residential uses. The parking area should be paved with striping as per the submitted site plan. ADA parking must be installed per ordinance requirements. At a Joint Public Hearing held on July 17, 2017, the Planning Commission recommended 10:0 to approve a request for a Specific Use Permit to allow a church in an RCR (Residential Conservation Revitalization) District with the following conditions: 1. Landscaping and screening will be required to meet ordinance requirements. 2. Garbage dumpster must be located a minimum of 25 feet from neighboring properties and surrounded with a gated privacy fence. 3. Parking must be paved and striped as per site plan. ADA parking must be provided as per ordinance requirements. FUNDING SOURCE Not applicable. RECOMMENDATIONS Approval of the ordinance with the following conditions: 1. Landscaping and screening will be required to meet ordinance requirements. 2. Garbage dumpster must be located a minimum of 25 feet from neighboring properties and surrounded with a gated privacy fence. 3. Parking must be paved and striped as per site plan. ADA parking must be provided as per ordinance requirements. DATE: July 17, 2017 TO: Planning Commission and City Council FROM: Chris Boone, Director of Planning and Community Development SUBJECT: To consider a request for a Specific Use Permit to allow a church in an RCR (Residential Conservation Revitalization) District. FILE: 2300-P STAFF REPORT Staff recommends approval of the request with the following conditions: 1. Landscaping and screening will be required to meet ordinance requirements. 2. Garbage dumpster must be located a minimum of 25 feet from neighboring properties and surrounded with a gated privacy fence. 3. Parking must be paved and striped as per site plan. ADA parking must be provided as per ordinance requirements. Guadalupe Sema would like to use the property at 1728 Park Street . for a church. The congregation proposes to have services on Sunday morning from 10a.m. to 12 noon, Sunday evening from 7p.m. to 9p.m., Wednesday evening from 7p.m. to 9p.m. and Friday evening from 7p.m. to 9p.m. The church will also be used for various birthday, wedding, and anniversary celebrations. A ten (10) foot wide landscaped buffer will need to be provided along the neighboring property, lines and perimeter landscaping is required at the street along the parking area. In addition, an eight (8) foot wood or masonry fence is required to be maintained between commercial and residential uses. The parking area should be paved with striping as per the submitted site plan. ADA parking must be installed per ordinance requirements. Please note that final occupancy approval is subject to review and acceptance of submitted plans and field inspections to verify compliance with applicable codes. Exhibits are attached. PUBLIC NOTIFICATION Notices mailed to property owners 16 Responses in Favor Responses in Opposition ANALYSIS CONDITIONS FOR APPROVAL OF SPECIFIC USE PERMIT (SECTION 28-26.E, ZONING ORDINANCE) Conditions: Application Application is in is not in Comments compliance compliance Attached 1. That the specific use will be compatible with and not injurious to the use and enjoyment of other property, or significantly diminish or impair property values within the immediate vicinity; X 2. That the establishment of the specific use will not impede the normal and orderly development and improvement of surrounding vacant property; X 3. That adequate utilities, access roads, drainage and other necessary supporting facilities have been or will be provided; X 4. The design, location and arrangement of all driveways and parking spaces provides for the safe and convenient movement of vehicular and pedestrian traffic without adversely affecting the general public or adjacent developments; X 5. That adequate nuisance prevention measures have been or will be taken to prevent or control offensive odor, fumes, dust, noise and vibration; X 6. That directional lighting will be provided so as not to disturb or adversely affect neighboring properties; X 7. That there are sufficient landscaping and screening to insure harmony and compatibility with adjacent property; and, X 8. That the proposed use is in accordance with the Comprehensive Plan. X GENERAL INFORMATIONIPUBLIC UTILITIES APPLICANT: Guadalupe Sema PROPERTY OWNER: Guadalupe Serna LOCATION: 1728 Park Street EXISTING ZONING: RCR (Residential Conservation Revitalization) PROPERTY SIZE: EXISTING LAND USES: FLOOD HAZARD ZONE: SURROUNDING LAND USES: NORTH: Fire Station EAST: Residential SOUTH: Residential WEST: Vacant COMPREHENSIVE PLAN: STREETS: DRAINAGE: WATER: SANITARY SEWER SERVICE: 0.537 acres Vacant X — Area determined to be outside the 500 year flood plain. SURROUNDING ZONING: RCR (Residential Conservation Revitalization) RCR RCR RCR Conservation and Revitalization Park Street - Major Arterial with 60' wide right-of-way and 40' pavement width. Craig Street - Local Street with 60' wide right-of-way and 20' pavement width. Curb and gutter along Park Street Open ditch along Craig Street 8" Water line 6" & 10" Sanitary sewer lines PROPERTY OWNERS NOTIFIED WITHIN 200' ALLISON KRSTE C CARTER DALE CITY OF BEAUMONT CLEMONS GEORGE A & LILLIAN COCKERILL THOMAS D & DAWN & COCKERILL TOM & DAWN COMMEAUX JO ANN COMO YVONNE F GARSEE LINMARIE JEFFERSON COUNTY JONES LYNDA K SERNA GUADALUPE SHIELD MILLER J & VANESSA G SPECIFIC USE PER_1VIIT APPLICATION BEAUMONT, TEXAS (Chapter 28, City Codes) TO: THE PLANNING COMMISSION AND CITY COUNCIL, CITY OF BEAUMONT, TEXAS APPLICANT'SNAME: (5yA)k%-40'f6-aWk APPLICANT'SADDRESS: 2,2 -go- u. uuai-1y sa APPLICANT'S PHONE ##-. _ �/QQ 22�1' e1540 ; FAX #: NAME OF ADDRESS OF OWNER: LOCATION OF PROPERTY: l j 23 R AK s'T. LEGAL DESCRIPTION OF PROPERTY: LOT NO. 1--1 L-3 OR BLOCK NO. . ADDITION � �- DUMBER 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 for a specific use permit, and a complete legal field note description. PROPOSED USE: ZONE: ATTACH A LETTER describing all processes and activities involved with the proposed uses. ATTACH' A SITE PLAN drawn to scale with the information listed on the top back side of this sheet. ATTACH A REDUCED 8 1/" X 11 PHOTOCOPY OF THE SITE PLAN. 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 APPLICATIONFEE: LESS' THAN V2 ACRE.................................................................$'250:00 ACRE OR MORE AND LESS THAN 5 ACRES ...................$450.00 5 ACRES OR MORE...................................................................$650.00 I; being the undersigned appli areas depicted on the site plat SIGNATURE OF APPLICANT: SIGNATURE OF understand that all of the conditions, dimensions, building sizes, landscaping and parking. 11 be a4hered to as amended, and approved by City Council. NOT APPLICANT) DATE: PLEASE TYPE OR PRINT AND SUBMIT TO: CITY OF BEAUMONT PLANNING DIVISION 801 MAIN STREET, ROOM 201 BEAUMONT, TX 777.01 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. Sunday May 16th, 2017 To: City Of Beaumont Planning Division Dept. 801 Main St, Room -#201 Beaumont, Tx 77701 RE: SPECIFIC USE PERMIT APPLICATION LETTER Dear Sir/Madam, the purpose of writing this letter is to meet one of the requirements listed on "SPECIFIC USE PERMIT APPLICATION" —'to attach a letter describing all processes and activities involved with the proposed uses of building. Already stated on the application the proposed use of the building is to make it a church, to worship and praise the Lord, normal religious activities such as singing, preaching the word of God, bible school service, prayer service, and celebrating events like birthdays, weddings, and anniversaries in a very respectful and religious manner. Church, IGLESIA EVANGELICA PENTECOSTES EL REY YA VIENE, INC. in a polite and respectful way makes the petition for you to grant/allow the specific use of building located on 1728 PARK ST. BEAUMONT TX,77705 to be use as a church, place where we can get together and serve the Lord, and a place to help the community find a way to a better lifestyle.... Better Community, Better City, Better World... Sincerely, ' Presid t ystor Guadalu e Serna X1,6 `-;�- Vitae Presiden't'Juan G Dena - //") 5"/b !� e retary-Marco A Serna OAA Treas er-Angel F Serna June 14, 2017 In. the points listed below we will establish our plans as well as detailed explanation on how we will reach the eight conditions we must meet before the City of Beaumont can grant us with the permit required for our facility located at 1728 Park St. Beaumont, TX 77703. • We desire to provide moral and ethical values around our community. Therefore, we as a church have a purpose to bless and restore the value of any neighboring vicinity by providing a friendly, safe, and inviting atmosphere on this property. The use of our property will be compatible and will not impede with the enjoyment of other properties. • We aspire the development and growth of the City of Beaumont, our church will not protest or oppose to any structural and/or environmental improvement to our surrounding vacant properties instead we encourage any activity that will help our city grow to become rich, blessed, and prosperous. ® We plan to always maintain our access roads and exits visible and properly marked to ensure everyone's safety. We also plan to address other points such as drainage, which will drain to the City's sewer system. Adequate maintenance will be given to our drains to help our community stay clean. • Our driveways, exits, parking spaces, and pedestrian crosswalks will be correctly spaced and designed in order to provide commodity and to secure moving vehicles as well individuals without affecting public ways in our surroundings. • We will adjust to all the regulations set by the City of Beaumont in order to prevent any sort of inconvenience with our neighbors. Offensive odors, fumes, noises and vibrations will be addressed properly the disposal of garbage will be kept organized, clean, and at a proper distance to prevent unpleasant odors. All A/C units and air vents will be properly maintained to prevent harmful fumes. • Proper lighting will be provided to our facility without affecting neighboring properties. Correct lighting and distances will be used in our exterior so our surrounding aren't disturbed and to keep visibility safe. • Sufficient landscaping will be built in order to be compatible with our environment and to support our surrounding. Proper maintenance will also be given to our landscaping making sure to keep our facility clean and neat. Screening and fencing will also be provided to keep the privacy and safety of our neighbors as well as ours. • The use of this property is in accordance with the Comprehensive Plan and we will adjust to any other laws presented by the City Council of Beaumont. We desired to befavored in our plaits and hope t0 hear great news soon, Blessings to all. ORDINANCE NO. ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A CHURCH IN AN RCR (RESIDENTIAL CONSERVATION REVITALIZATION) DISTRICT AT 1728 PARK STREET IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS, Guadalupe Serna has applied for a specific use permit to allow a church in an RCR (Residential Conservation Revitalization) District at 1728 Park Street, being Lots 1-36, Block 6, Jersey Farm Addition, Beaumont, Jefferson County, Texas, containing 0.537 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 church in an RCR (Residential Conservation Revitalization) District at 1728 Park Street, subject to the following conditions: ; and, • Landscaping and screening will be required to meet ordinance requirements. • Garbage dumpster must be located a minimum of 25 feet from neighboring properties and surrounded with a gated privacy fence. • Parking must be paved and striped as per site plan. ADA parking must be provided as per ordinance requirements. WHEREAS, the City Council is of the opinion that the issuance of such specific use permit to allow a church 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 church in an RCR (Residential Conservation Revitalization) District at 1728 Park Street, being Lots 1-36, Block 6, Jersey Farm Addition, Beaumont, Jefferson County, Texas, containing 0.537 acres, more or less as shown on Exhibit "A," is hereby granted to Guadalupe Serna, his legal representatives, successors and assigns, as shown on Exhibit "B," attached hereto and made a part hereof for all purposes, subject to the following conditions: • Landscaping and screening will be required to meet ordinance requirements. • Garbage dumpster must be located a minimum of 25 feet from neighboring properties and surrounded with a gated privacy fence. • Parking must be paved and striped as per site plan. ADA parking must be provided as per ordinance requirements. 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. File 2300-P: A request for a Specific Use Permit to allow N a church in an RCR (Residential Conservation Revitalization) District. Applicant: Guadalupe Serna 0 50 100 200 Location:1728 Park Street 1 I I I !Feet r 'Y' . -. ,sem 4 ,*" e. • M x'1620 _^. s 5161 PENNSYLVAN IA ST h 525 ROYA S w STT — 615 ROYAL ST t t F RfCR, 5 1685�PARKrA ST 1 CRAIG STS, �j' 1 w FEMA'Flooal"". f 1725 PARK STI_ . '17 11728 11728 PARKSTf' 4k _ _ • q _ F * n t « }"IN ININI i; ■aAIMF �� \ n 1780 FENNSYLVA ST, ` .1795 PARK STr • -. 5601RM 1624 IRMA�ST _ 592 IRMA ST • � j { i k9z., :fit. �_ t t% Y s« ..;t '; !"Au' .. . 'P sf;. � • .. 1 ,{. �' _«. 4 . n 1820 PENNSYLV AST; S , 1814 PARKS 593'11 MA -,MR'S—v- c- • a rs 1619 IRMA STf -r • , rJ • • _ 1840 PENNSYLVANIA ST r 583 IRMA ST —•_ � •^'.".'�}� >�'" y>"'sa r y, .ter,. � .: _ r e`. 1 ' � ' 54o_FAY STS e ', G12 FAY,ST,' SI"590 FAYfSTf • j EXHIBIT "A" -P ,, IL X.1 10 10 16' c. TX IR —mD5 Elf lvr-,!N dh 2K7 X.1 3 July 25, 2017 Consider a request for a Specific Use Permit to allow an automotive parts wholesale distribution center in the CBD (Central Business District) located at 660 Fannin Street BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Chris Boone, Planning & Community Development Director MEETING DATE: July 25, 2017 REQUESTED ACTION: Consider a request for a Specific Use Permit to allow an automotive parts wholesale distribution center in the CBD (Central Business District) located at 660 Fannin Street. BACKGROUND Bayou Ventures, Inc. is requesting a Specific Use Permit to operate a wholesale automotive parts distribution center located at 660 Fannin Street. Kyle Stratton, owner of Bayou Ventures, has been in operation since 2008 and is hoping to expand. The new products will require more space, which he feels the property at 660 Fannin Street can provide. All products are delivered, and there will be no retail sales. A new garage door opening will be cut in the front of the structure to provide better access to the space. At a Joint Public Hearing held on July 17, 2017, the Planning Commission recommended 10:0 to approve a request for a Specific Use Permit to allow an automotive parts wholesale distribution center in the CBD (Central Business District). FUNDING SOURCE Not applicable. RECOMMENDATIONS Approval of the ordinance. DATE: July 17, 2017 TO: Planning Commission and City Council FROM: Chris Boone, Director of Planning and Community Development SUBJECT: To consider a request for a Specific Use Permit to allow an automotive parts wholesale distribution center in the CBD (Central Business District). FILE: 2306-P STAFF REPORT Staff recommends approval of the request. Bayou Ventures, Inc. is requesting a Specific Use Permit to operate a wholesale automotive parts distribution center at 660 Fannin Street. Kyle Stratton, owner of Bayou Ventures, has been in operation since 2008 and is hoping to expand. The new products will require more space, which he feels the property at 660 Fannin Street can provide. All products are delivered, and there will be no store front for retail sales. A new garage door opening will be cut in the front of the structure to provide better access to the space. Please note that final occupancy approval is subject to review and acceptance of submitted plans and field inspections to verify compliance with applicable codes. Exhibits are attached. PUBLIC NOTIFICATION Notices mailed to property owners 9 Responses in Favor Responses in Opposition LEGAL DESCRIPTION FOR ORDINANCE PURPOSES Being Lots 4-6, Block 1, McMillan Addition, Beaumont, Jefferson County, Texas, containing 0.482 acres, more or less. ANALYSIS CONDITIONS FOR APPROVAL OF SPECIFIC USE PERMIT (SECTION 28-26.E, ZONING ORDINANCE) Application Application is in is not in compliance compliance Conditions: 1. That the specific use will be compatible with and not injurious to the use and enjoyment of other property, or significantly diminish or impair property values within the immediate vicinity; X 2. That the establishment of the specific use will not impede the normal and orderly development and improvement of surrounding vacant property; X 3. That adequate utilities, access roads, drainage and other necessary supporting facilities have been or will be provided; X 4. The design, location and arrangement of all driveways and parking spaces provides for the safe and convenient movement of vehicular and pedestrian traffic without adversely affecting the general public or adjacent developments; X 5. That adequate nuisance prevention measures have been or will be taken to prevent or control offensive odor, fumes, dust, noise and vibration; X 6. That directional lighting will be provided so as not to disturb or adversely affect neighboring properties; X 7. That there are sufficient landscaping and screening to insure harmony and compatibility with adjacent property; and, X 8. That the proposed use is in accordance with the Comprehensive Plan. X Comments Attached GENERAL INFORMATION/PUBLIC UTILITIES APPLICANT: Bayou Ventures, Inc. PROPERTY OWNER: Kyle Stratton LOCATION: 660 Fannin Street EXISTING ZONING: CBD (Central Business District) PROPERTY SIZE: 0.482 acres EXISTING LAND USES: Commercial FLOOD HAZARD ZONE: X — Area determined to be outside the 500 SURROUNDING LAND USES: NORTH: Parking EAST: Commercial SOUTH: Vacant WEST: Commercial COMPREHENSIVE PLAN: STREETS: WATER: SANITARY SEWER SERVICE: year flood plain. SURROUNDING ZONING: CBD (Central Business District) CBD CBD CBD CBD District Fannin Street - Local Street with 60' wide right-of-way and 40' pavement width. Curb and gutter 6" Water line 8" Sanitary sewer line PROPERTY OWNERS NOTIFIED WITHIN 200' TEXAS STORAGE CO CENTURY TOWER PARK LLC CENTURY TOWER LTD. PERLSTEIN REALTY CO INC WEINBAUM CHARLES H III BEAUMONT HABITAT FOR HUMANITY INC NECHES PLAZA LP SPECIFIC USE PERMIT APPLICATION BEAUMONT, TEXAS (Chapter 28, City Codes) TO: THE PLANNING COMMISSION AND CITY COUNCIL, CITY OF BEAUMONT, TEXAS, APPLICANT'S NAME: APPLICANT'S ADDRESS: Z� 3 S i �- ►- W '�'1Z c�Y` 61�1"�. _N �Ti9b APPLICANT'S' PHONE #�FAX #: NAME' OF OWNER:, ADDRESS OF OWNER: LOCATION OF PROPERTY: (AD EN -41.1 1r 1 - - LEGAL DESCRIPTION OF PROPERTY: LOT NO. L BLOCK NO.. i ADDITION YQ • A McM V. L(_twh% NUMBER OF ACRES' OR TRACT' PLA' 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:.1•�t�l�c7'�1 �-L= �1' SL1jl� l C���1�I,ypNE: �f ATTACH A LETTER describing all processes and activities involved with the proposed uses. ATTACH A SITEPLAN drawn to scale with the information listed on the top back side of this sheet. ATTACH A REDUCED 8 %11 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 LESSTHAN 5 ACRES ...................$450.00 5 ACRES OR MORE.....................................................•.............$650.00 I, being the undersigned applican d stand that all of the conditions, dimensions, building sizes,, landscaping and parking areas depicted on the site plan a d to as amended and approved by City Council. SIGNATURE OF APPLICANT- DATE: _� 9 / 1- SIGNATURE OF PLEASE TYPE OR PRINT AND SUBMIT TO: FILENUMBER:y'O.� — NOT APPLICANT) DATE: CITY OF BEAUMONT PLANNING DIVISION 801 MAIN STREET, ROOM 201 BEAUMONT, TX 77701 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. Kyle G. Stf'atton President/Owner Bayou Ventures, Inc. dba 1800Radiator & A/C 2134. Stillwater Drive Beaumont, Texas77705 June 20, 2017 City of Beaumont Planning Division, 801 Main Street, Room 201 Beaumont, Texas 77701 Re: Specific Use Permit Application 660 Fannin Street, Beaumont, Texas 77701 Lots. 4, 5 8Z 6, Block 1, N. A. McMillian Addition To Whom It May Concern: I am submitting herewith a City of Beaumont "Specific Use Permit Application" regarding the potential acquisition, of the building located at 660 Fannin Street, Beaumont, Texas, and the relocation of my existing business into this property. My name is Kyle Stratton. I am the owner of Bayou Ventures, Inc. currently Iocated at 2134 Stillwater Drive, Beaumont, Texas. I have entered into a contract to purchase the above referenced property from its current owners. Pursuant to the terms of the contract I have a 70 day period to conduct inspections, and secure any necessary authorizations, approvals, and permits from the appropriate departments of the City of Beaumont. My 70 day due diligence period began on June 15, 2017 and expires on August 23, 2017. Following, and in the multiple attachments, is information you have requested or may be necessary to review this application relative to my potential acquisition of this property and its intended use as my business relocates in to the City of Beaumont. INTENDED USE My business is the wholesale distribution of automotive parts throughout Southeast Texas. and Southwest Louisiana. I began this business in January, 2008 and have experienced continual growth to become the dominant and primary distributor of the automotive parts in my product fine, representing approximately 75% market share. My customer base is new car dealerships, general automotive repair shops, collision repair shops, fleet accounts, and used car dealers. Office' 409 7?9 4900, Fax . 409, 7?9 49,o j Mobile 409 3514332 Email lcgstrat@gmail com The automotive parts that make up my product lines are: l) engine cooling parts consisting of radiator, electric fans assemblies, engine thermostats, hoses and clamps; 2) cabin cooling parts consisting of a/c compressors, condensers, evaporators, accumulator/ driers, expansion devices, hoses and lines; -and 3) fuel system parts consisting of fuel pumps, sender assemblies, strainers, and filters. Please note that I do not carry, stock or distribute any automotive parts or accessories that are flammable, toxic, gaseous, or otherwise that might pose a risk in any way. My business model is 99% wholesale trade. The parts that i distribute are delivered to my customer base in company owned vehicles. There are few instances where I hold parts for "will call" pick up by a customer, however, this is not a regular occurrence, and there is never an instance where any member of the public is in my business "shopping" for any period of time. My present location is at 2134 Stillwater Drive, Beaumont, Texas. I have occupied this warehouse space since 1 started this business in 2008. The present warehouse is 3,000 square feet with 800 square feet of office space. I am attaching- as exhibits 1 — 4 photos of my present location, including a partial view of warehouse racking and storage of inventory. Over the years I have completely outgrown my warehouse space and am moving to purchase the building at 660 Fannin to provide the necessary space for future growth and expansion. This is especially critical as l am brining in an additional product line in October, 2017. This new product line, automotive exhaust parts, in and of itself requires dedicated space of an additional 2500 square feet of warehouse space. It is projected that this new product line will have significant impact on my annual sales, doubling my annual sales volume in 3 years as the product line matures. 660 FANNIN STREET, BEAUMONT The property at 660 Fannin is approximately 21,000 square feet, measuring 150' x 140'. The sellers of the building are Betty S. Goldstein, John F. Simon, Charles H. Weinbaum, Jr. and Linda S. Armstrong, Trustee. Multiple photos of the building are attached as exhibits as follows: Exhibit 5 — Building front from the intersection of Trinity and Fannin; Exhibit 6 — Building front from Neches Exhibit 7 —10 Warehouse interior — Multiple views The sellers have provided a brief history of the building, as follows: (1) STRAUS-FRANK CO. OCCUPANCY - On August 8,1947, H.A. Perlstein, the grandfather of the sellers, executed a lease with Straus -Frank that provided that the Perlstein Realty Co., Inc., would erect the subject building in accord with specifications submitted by Straus -Frank, whose headquarters were in San Antonio, Texas. The lease stated that the building was to be used as a Sales Room, Workshop, Office and Storeroom. The building was erected for Straus -Frank that year, and records indicate, that the business that the company conducted from this building was automotive supply, and sold heating and air conditioning equipment in this building and serviced that equipment. The building was struck by lightning on 7/22/58 and was severely damaged. Straus Frank temporarily ran its business from another building after that time and the subject building was reconstructed and completely remodeled and redecorated, and Straus Frank moved back in and continued to operate its business there until March 19,1970. Attached hereto are photos, exhibit 11, that were taken of the building right after the fire, plus an article, exhibit 12, from the 9/24/58 issue of the Beaumont Journal showing the building as it looked after its reconstruction, including the corner that was redone as a drive-thru. The Journal article recites that this is the Straus -Frank Co. building at 660 Fannin St. which had been reopened following being hit by lightning and fire which. resulted in damages amounting to several hundred thousand dollars on July 22, and that the building has been completely remodeled and redecorated. (2) BURRIS TRANSFER AND STORAGE COMPANY currently leases a portion of the company. The initial lease of the building began on April 30, 1970, to the present date. Although the name of the lessee has been Burris Transfer and Storage Company, there have been multiple owners of this moving and storage business. The different Burris ownerships were as follows: A. 1970 to 1987 - John P. Wescott and S.J. Wald B. 1987 to 2006 - Charles H. (Bo) Weinbaum III. C. 2006 to Present - Scott Traylor and Danny Phillips (Since March 2014 occupied only about 1/4 of the,,building) It is the intention and expectation that Burris Transfer and Storage will remain as a tenant in the building leasing approximately 8000 square feet for use in their business. Burris currently utilizes the space under lease for storage of self-contained PODs containing the personal and/or business effects of customers they have contracted with for storage. Exhibits 13 8T 14 -- Warehouse storage PODS of Burris Transfer and Storage Company (3) BAW RESALE 8T COMPANY - From March 1, 2014, to April of 2017, the lessee of about 3/4 of the building was Barbara Wilson dba BAW Resale 8T Company. The lease stated that the use of the premises would be "for the purposes of an art gallery and the rehabilitation of vintage goods", it ultimately was used to buy, store and sell used items of all kinds and ran her business kind of like a "flea market" BAW RESALES 8T COMPANY vacated the building several months ago. IMPROVEMENTS AND CHANGES To, house my business operation in this building there will be minimal structural changes necessary. The warehouse space remaining, net of the Burris usage is approximately 13,000 square feet. I am attaching the following exhibits with comments for each regarding anticipated changes. SITE PLAN Exhibit 1S — Site Plan Exhibit 16 — Garage 8T Entry Door This drawing outlines the perimeter of the property, the sidewalks, curbs and location of interior structure as well as point of ingress and egress as they currently exist. The only anticipated structural change that would be planned is to install a 12' wide garage door in the front along Fannin and to cut the curb and sidewalk for a sloped entry into the warehouse, and a new 36" exterior door will be added beside the garage door. The purpose of the garage door and sloped entry is for the delivery of product from my vendors and manufacturers. As product is off-loaded along Fannin the new inventory will be carted into the building by manual pallet jacks. I do not utilize forklifts for this purpose as the weight of product upon delivery does not require heavy equipment to manage. These are the only two (2) structural changes or additions planned to the exterior of the building. Over time, although not immediately anticipated, it will be my plan to replace windows, doors, rain gutters, existing garage doors, etc. and paint the exterior of the building as cosmetic updates. WAREHOUSE INTERIOR Exhibits 17 8T 18 These two (2) drawings are the interior of the building. Exhibit 17 is the left side of the building, and exhibit 18 is the right side of the building. However, each drawing has been reduced in scale for fitting them onto the pages used. The office space of Burris Transfer and Storage on exhibit 17 is approximately 19'x 19', or 361 square feet. There will be no change to the space they currently occupy. The office area on exhibit 18 is. not commented on here, as it is addressed as part of exhibit 19 to follow. These two exhibits are representative of the interior (non -office space) of the building. The interior is a wide open expanse of floor space with IT, open iron rafter ceilings. This warehouse space represents approximately 18,900 square feet of floor open floor space. The interior warehouse space does include, as drawn, five (5) individual restrooms. Each restroom is approximately 7' x 8'. There is no plan to structurally alter any of these restrooms except to update three (3) of them cosmetically. I have marked also, that two (2) of these restrooms will be gutted and unused, although their gutting may not be done initially. They simply may be closed off and unused until a future time. OFFICE INTERIOR Exhibit 19 The interior office of this building (not including Burris' space] will undergo very minor structural change. Precisely, the wall dividing the `Bull Pen Office Area," marked as rooms 1 8i 2 on the attached exhibit 19, will be removed to provide for one (1) approximately 32' x 12' office area. This expanded space will be to accommodate future growth, as presently I have only one (1] person who is in the office all day, in addition to myself. Additionally, there may be necessary improvements to the current HVAC system, and in the office space there will be installation of internet and VolP lines to accommodate computer -and phone needs in the operation of the business. X Additionally, the areas marked on exhibit 19 as rooms 7, 8 8i 9, will be unused and will be gutted at a later time for possible future use. IN SUMMARY To accommodate the future growth of my business this acquisition is extremely well suited in its present state with minor changes necessary for immediate occupancy. The location provides very efficient access to -the interstate for deliveries east into Orange County and the greater Lake Charles, Louisiana area, as well as access to south Jefferson County via M L King Jr Parkway. Structurally there will be Iittle change necessary to accommodate my business. I anticipate a new garage door and ingress/ egress point and entry door added to the front of the building on Fannin, and the removal of one (1) wall in the interior office area. Two (2) areas will be sealed off and not used, to be eventually gutted and reserved for future use. Additionally, there will be cosmetic changes made in the interior office area upon 1G j,%ACr If_e-CLTp_ibjZ_ oPFk_Q 4,79'14 W t L -L- V -or Li -N>t---4EP W k t -'t `111axf R -MV- &1 , cmc �c 1�c�1 4 ,, acquisition.. In the near future it is planned to paint the whole of the building and replace existing doors, windows, gutters in order to improve the overall outward appearance of the building. It is my goal, with the submission of this "Specific Use Permit Application" to secure approval by the City of Beaumont for my use of this property. Upon approval I will move toward the final acquisition of 660 Fannin and the relocation of my business in to the City of Beaumont. The target date for the relocation of my business operation is October 1, 2017. My 70 day due diligence period expires August 23, 2017. I appreciate a timely review of the documentation attached hereto and am available at any time to answer any questions that you may have. Repu ck- Ky Bay 2134 Stillwater Drive Beaumont, Texas 77705 Mobile: 409.351.4332 Office: 409.729.4900 Email: kgstrat@gmail.com l ���Irk � 71� No Text No Text 9$ --~� �. ,. — - - T _ - i•,. _ - 1 a7 y'tir.:-� iac•rlil_.ml.: �, — -. "w k ' u i'kti�""'4� ins* �'�'�'-` n �, ,+ a � ^«� ,.'.. 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ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW AN AUTOMOTIVE PARTS WHOLESALE DISTRIBUTION CENTER IN THE CBD (CENTRAL BUSINESS DISTRICT) AT 660 FANNIN STREET IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS, Bayou Ventures, Inc. has applied for a specific use permit to allow an automotive parts wholesale distribution center in the CBD (Central Business District) at 660 Fannin Street, being Lots 4-6, Block 1, McMillan Addition, Beaumont, Jefferson County, Texas, containing 0.482 acres, more or less, as shown on Exhibit "A," attached hereto; and, WHEREAS, the Planning and Zoning Commission of the City of Beaumont considered the request and is recommending approval of a specific use permit to allow an automotive parts wholesale distribution center in the CBD (Central Business District) at 660 Fannin Street; and, WHEREAS, the City Council is of the opinion that the issuance of such specific use permit to allow an automotive parts wholesale distribution center is in the best interest of the City of Beaumont and its citizens; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this ordinance are hereby, in all things, approved and adopted; and, Section 1. That a specific use permit to allow an automotive parts wholesale distribution center in the CBD (Central Business District) at 660 Fannin Street, being Lots 4-6, Block 1, McMillan Addition, Beaumont, Jefferson County, Texas, containing 0.482 acres, more or less as shown on Exhibit 'A," is hereby granted to Bayou Ventures, Inc., its legal representatives, successors and assigns, as shown on Exhibit "B," attached hereto and made a part hereof for all purposes. Section 2 That the specific use permit herein granted is expressly issued for and in accordance with each particular and detail of the site plan attached hereto as Exhibit "B" and made a part hereof for all purposes. Section 3. Notwithstanding the site plan attached hereto, the use of the property herein above described shall be in all other respects subject to all of the applicable regulations contained in Chapter 28 of the Code of Ordinances of Beaumont, Texas, as amended, as well as comply with any and all federal, state and local statutes, regulations or ordinances which may apply. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 25th day of July, 2017. - Mayor Becky Ames - File 2306-P: A request for a Specific Use Permit to allow N an automotive parts wholesale distribution center in the CBD (Central Business District). Applicant:Bayou Ventures, Inc. 0 50 100 200 Location:660 Fannin Street I I I I Feet 3 v p^ C 550 FANNIN STS *FAa• lk t ,g 630 FANNIN SOF T µ , FEMA Flood FANNIN b 1�,;< �� "� � 601 FANNIN p s , ri . SY� � '.-KYR ♦ '� `>740 FANNIN STS ✓ • 60.0 FORSYTHE ST. 1760 FANNIN ST` . d� ;4 � p 645 TRINITY S W.4 701TR iINITYiST ;r701JRItNIT,Y(ST01'y ' 784 FANNIN ST>% �� • a, :6IOITRINII ...............7j10 FOR EXHIBIT «A„ "ORSYTH W.4 701TR iINITYiST ;r701JRItNIT,Y(ST01'y ' 16' � I -- re PQ Ee,A.1 — \ �W. Cu Ria 1 wI .---A m_ x LU 11 July 25, 2017 Consider a request for a Specific Use Permit to allow a Certified Public Accountant's office located at 2643 North Street in an RCR-H (Residential Conservation Revitalization -Historic) District BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager -4 PREPARED BY: Chris Boone, Planning & Community Development Director MEETING DATE: July 25, 2017 REQUESTED ACTION: Consider a request for a Specific Use Permit to allow a Certified Public Accountant's office located at 2643 North Street in an RCR-H (Residential Conservation Revitalization -Historic) District. BACKGROUND Sam Parigi, property manager, is requesting a Specific Use Permit to allow a Certified Public Accountant's office for the property located at 2643 North Street. The proposed tenant does not have excessive foot traffic, but plans to pave the backyard of the property to provide all required off-street parking. As the property is located in an RCR-H (Residential Conservation Revitalization - Historic) District, a Specific Use Permit is required for any use change. In addition, as the property is located in the Oaks Historic District, all exterior changes and improvements to the property must be approved by the Historic Landmark Commission. At a Joint Public Hearing held on July 17, 2017, the Planning Commission recommended 10:0 to approve a request for a Specific Use Permit to allow the CPA office with the following conditions: 1. Approval of any exterior changes and improvements by the Historic Landmark Commission. 2. Parking will be allowed only at the rear of the property. All parking must be paved with concrete, asphalt or pavers and striped per ordinance requirements. 3. ADA parking must be provided as per ordinance requirements. 4. Runoff from new parking must be directed toward North Street and not run off on neighboring properties. 5. Approval of the request with a waiver to the landscaped buffer and screening. FUNDING SOURCE Not applicable. RECOMMENDATIONS Approval of the ordinance with the following conditions: 1. Approval of any exterior changes and improvements by the Historic Landmark Commission. 2. Parking will be allowed only at the rear of the property. All parking must be paved with concrete, asphalt or pavers and striped per ordinance requirements. 3. ADA parking must be provided as per ordinance requirements. 4. Runoff from new parking must be directed toward North Street and not run off on neighboring properties. 5. Approval of the request with a waiver to the landscaped buffer and screening. DATE: July 17, 2017 TO: Planning Commission and City Council FROM: Chris Boone, Director of Planning and Community Development SUBJECT: To consider a request for a Specific Use Permit to allow a CPA office in RCR-H (Residential Conservation Revitalization - Historic) zoning in the Oaks Historic District. FILE: 2304-P STAFF REPORT Staff recommends approval of the request with a waiver to the landscaped buffer and screening as requested, and the following conditions: 1. Approval of any exterior changes and improvements by the Historic Landmark Commission. 2. Parking will be allowed only at the rear of the property. All parking must be paved with concrete, asphalt or pavers and striped per ordinance requirements. 3. ADA parking must be provided as per ordinance requirements. 4. Runoff from new parking must be directed toward North Street and not run off on neighboring properties. Sam Parigi, property manager, is requesting a Specific Use Permit to allow a Certified Public Accountant's office at for the property at 2643 North Street. The proposed tenant does not have excessive foot traffic, but plans to pave the backyard of the property to provide all required off-street parking. As the property is located in RCR-H (Residential Conservation Revitalization - Historc) zoning, a Specific Use Permit is required for any use change. In addition, as the property is located in the Oaks Historic District, all exterior changes and improvements to the property must be approved by the Historic Landmark Commission. Please note that final occupancy approval is subject -to review and acceptance of submitted plans and field inspections to verify compliance with applicable codes. Exhibits are attached. PUBLIC NOTIFICATION Notices mailed to property owners 27 Responses in Favor Responses in Opposition ANALYSIS CONDITIONS FOR APPROVAL OF SPECIFIC USE PERMIT (SECTION 28-26.E, ZONING ORDINANCE) Conditions: Application Application is in is not in Comments compliance compliance Attached 1. That the specific use will be compatible with and not injurious to the use and enjoyment of other property, or significantly diminish or impair property values within the immediate vicinity; X 2. That the establishment of the specific use will not impede the normal and orderly development and improvement of surrounding vacant property; X 3. That adequate utilities, access roads, drainage and other necessary supporting facilities have been or will be provided; X 4. The design, location and arrangement of all driveways and parking spaces provides for the safe and convenient movement of vehicular and pedestrian traffic without adversely affecting the general public or adjacent developments; X 5. That adequate nuisance prevention measures have been or will be taken to prevent or control offensive odor, fumes, dust, noise and vibration; X 6. That directional lighting will be provided so as not to disturb or adversely affect neighboring properties; X 7. That there are sufficient landscaping and screening to insure harmony and compatibility with adjacent property; and, X 8. That the proposed use is in accordance with the Comprehensive Plan. X GENERAL INFORMATION/PUBLIC UTILITIES APPLICANT: Sam Parigi PROPERTY OWNER: Lee Mann et al LOCATION: 2643 North Street EXISTING ZONING: RCR-H (Residential Conservation Revitalization - Historic) PROPERTY SIZE: 0.172 acres EXISTING LAND USES: Commercial FLOOD HAZARD ZONE: X — Area determined to be outside the 500 year flood plain. SURROUNDING LAND USES: SURROUNDING ZONING: NORTH: Residential RCR-H (Residential Conservation Revitalization - Historic) EAST: Commercial RCR-H SOUTH: Commercial RCR-H WEST: Residential RCR-H COMPREHENSIVE PLAN: Stable Area STREETS: North Street - Major Collector with 60' wide right-of-way and 26' pavement width. DRAINAGE: Curb and gutter WATER: 8" Water line SANITARY SEWER SERVICE: 8" Sanitary sewer line PROPERTY OWNERS NOTIFIED WITHIN 200' ATKINS JOE CHRISTOPHERSEN GEORGINA COOK WILLIAM B &JOAN P DAVIS DANIEL DAVIS SAM P & SYBIL P EISENBERG FAMILY HOLDINGS LTD GG INTERESTS LP GRANGER THOMAS LYNN HAYES ALICE M & HERNANDEZ SERGIO & MARIA HOFFER CAREY LOMBARDO HOFFER WESLEY JAMES 1:27 INVESTMENTS LLC JONES TAMMYE CURTIS KRUMMEL ELVIRA ESTATE LEDUC PARTNERSHIP LTD LOSH BARBARA M DE LEON PROPERTIES LLC MCCRAW JIMMIE WEST MWR ENTERPRISES OF SE TEX INC PADRON CALIXTO HERNANDEZ PINKSTON RICKY E RIGUES REYNARD RIVERA SHERRY L ROCHA JENNIFER ZAVALETA-CORDOVA FULGENCIO AND CERON-GARCIA ERNESTINA SPECIFIC USE PERMIT APPLICATION BEAUMONT, TEXAS (Chapter 28,. City Codes) TO: THE PLANNING COMMISSION AND CITY COUNCIL, CITY OF BEAUMONT, TEXAS APPLICANT'S NAME: Sam Par"191 APPLICANTS ADD qs.445 .North r - 14thh Street APPLICANT'S pHOf4p 40.9=284-1613 FAX NAME OF OWNER' Lee Mann et al ODUssOpOWN,E]K: 2643 :North Street LOqATION OF PROPERTY: 2643 Noftb Wept LEGAL: EGAL,. DESCRIPTION OF PROPERTY: LOT No, 6 OR BLOCK NO. 52 ADDITION Averill Addition NQM8EKQF_AC"S 0,1718 TRACT 'PLAT SURVEY NUMBER.QF For prqpqrtles not -in A regoirded s0divisioct, subini! A copy of a current survey qr pj#.ghowing the properties prppos0 for A speci.fic Use peemit;. And a* edinplete legal Held note description. PROPOSED USE: CK Office zONE RCR-14 ATTACH A LETTER describing all processes and.activitips'involved with the pTopo.sed.useo, ATTACH A SITE PLAN drawn to segle, with, the information listed on thF..jop'back side f.tliis she et. ATTACH A REDUCED 8.%" X.11" VROTOCOPY OF THE SITE PLO. THE EIGHT CONDITIONS listed :on the back side of this sheetniusi.b6 inei before City Council sari gpqt a specificuse pOrpi nit PLEASE ADDRESS EACH: CONDITION IN DETAIL. ATTACH 'iHEAPPROPR1,kTE APPLICATION FEE: LESS S THAN ;3. ACRE ......... . ........... . . . ....... . .... ACRE OR MORE AND LESS THAN 5 ACRES.; ... 5 ACRES OR M ... %..-5 .00. . . I. ORE� ....... .................. ........ ?,. t ..... $0 1, being the undersigned applicant, understand that site plaA shall be, adhered to,gs. ampgdPd'.p pd applo SIGNATURE 017:4PPLICAN.' conditions, dimensions, building sizes, landscaping and -par - king areas depicted on the ty Council. 6 SIGNATUREOP OWNER-. See. attached. Exhibit B PAT-Ep PLEASE TYPE- OR PRINT AND'SUBMIT TO; CITY OF BEAUMONT PLAJNNING DIVISION 801 MAIN STREET, ROOM 201 BEAUMONT, TX 77701 FILE. NUMBER: DATE RECEIVED (409)'$8R-3704- Fax 80-3704-Fak (40)'890-3133 VLEASF,kAKEN0TL,(?N1REVERSE SIDE OFCONDITIONS TO HE MET REG.ARDINO THE,Sin PLAN A,,;D LPTTEk-.0F P . ACTIVITIES. IKOPOSED USES AND The accounting firm has been operating from its current offices in downtown Beaumont for more that 15 years and plans to relocate to 2643 North Street as soon as possible. The scope- of work for this typical CPA firm includes bookkeeping services, compilation of financial statements, and preparation of tax returns. Our firm has a larger than average concentration in the not- for-profit sector but services clients across the professional spectrum and a significant number of individuals as well. The other possibly relevant piece of information in this process is, that we do not have a lot of traffic. Our total office staff consist of no more than four (4) full time employees with the exception of major tax deadlines, we probably average one client in the office per day. The contracted Buyer is also asking for a waiver regarding the height of the wood privacy fence from the required Eight (8) foot to a Six (6) foot privacy fence. The fence will be located across the back property line (south) and along the east property line up to front of the house and along the west property line up to the front of the house. The west fence will be installed between the neighbors driveway and the driveway for the Buyer. The contracted Buyer is also asking for a waiver regarding any required landscaping along the perimeter of the subject tract. There are neighborhood trees located on the south and east property line and to the west is our neighbors driveway and there is shrubbery in the front yard of the property. This landscape waiver will allow ample parking with easy ingress and egress down the driveway to North Street. The contracted Buyer will also asphalt pave and stripe the proposed parking lot in the rear and the driveway out to North Street, This parking lot will provide for one (1) handicap parking space. ORDINANCE NO. ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A CERFTIFIED PUBLIC ACCOUNTAT'S OFFICE IN AN RCR-H (RESIDENTIAL CONSERVATION REVITALIZATION -HISTORIC) DISTRICT AT 2643 NORTH STREET IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS, Sam Parigi, Property Manager, has applied for a specific use permit to allow a Certified Public Accountant's office in an RCR-H (Residential Conservation Revitalization -Historic) District at 2643 North Street, being Lot 6, Block 52, Averill Addition, Beaumont, Jefferson County, Texas, containing 0.172 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 Certified Public Accountant's office in an RCR-H (Residential Conservation Revitalization -Historic) District at 2643 North Street, subject to the following conditions: • Approval of any exterior changes and improvements by the Historic Landmark Commission. • Parking will be allowed only at the rear of the property. All parking must be paved with concrete, asphalt or pavers and striped per ordinance requirements. • ADA parking must be provided as per ordinance requirements. • Runoff from new parking must be directed toward North Street and not run off on neighboring properties. • Approval of the request with a waiver to the landscaped buffer and screening. ; and, WHEREAS, the City Council is of the opinion that the issuance of such specific use permit to allow a Certified Public Accountant's office 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 Certified Public Accountant's office in an RCR-H (Residential Conservation Revitalization -Historic) District at 2643 North Street, being Lot 6, Block 52, Averill Addition, Beaumont, Jefferson County, Texas, containing 0.172 acres, more or less as shown on Exhibit 'A" is hereby granted to Sam Parigi, his legal representatives, successors and assigns, as shown on Exhibit "B," attached hereto and made a part hereof for all purposes, subject to the following conditions: • Approval of any exterior changes and improvements by the Historic Landmark Commission. • Parking will be allowed only at the rear of the property. All parking must be paved with concrete, asphalt or pavers and striped per ordinance requirements. • ADA parking must be provided as per ordinance requirements. • Runoff from new parking must be directed toward North Street and not run off on neighboring properties. • Approval of the request with a waiver to the landscaped buffer and screening. 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. Cct-+inn 'I 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 25th day of July, 2017. - Mayor Becky Ames - File 2304-P: A request for a Specific Use Permit to allow a CPA N office in an RCR-H (Residential Conservation Revitalization - Historic) zoning in the Oaks Historic District. Applicant: Sam Parigi Location: 2643 North Street 0 50 100 200 1 { 1 { 1 Feet 2.1 --- y' r�'� 2601 HAZEL AVE 2585 HAZEL AVE 2617 HAZEL AVE 2615 HAZEL AVE 1 , r "•� e �_ 2625 HAZEL`AV 2623 HAZEL AVE • r 2595 HAZEL AVE . �s& 2631:AZELAVE ' •2627 HAZELAVE t+�_ =� 65 1 , 2621 HAZELAVE ' 0TH ST f.: x 2655 HAZEL AVE • ` 2598`NORTH ST �� R°H 2628 NORTH ST 2616 NORTH ST 2640 NORTH ST 2636 NORTH ST � 28 f�2606 NORTH ST ORTH ST j • t t a ��gg� • 2630 NORTH 2684 NST 26 • ;.• 2660 NORTH ST? 34 NOR T S 2670 NORTH ST ,— —--'` t 2688 NORTH 2 _ d, - :;a 411 ., jaw a i 1r 2597 NORTH ST 2615 NORTH ST 2605 NORTH ST r M-0 " + 264 RTH ST' 2633 NORTH ST1`t' o 2655 NORTH ST _• ' ' _ • ' • 2623 NORTH ST .` x 2693 NO_ RTH 3T' = y • _' - Y• �`'{ 26 9 NORTH ST '' 2645 NORTH S� (( �i 2665 NORTH ST ; # • �h �; 2671 NORTH ST It t ■ FEMARood° , { °2590 MCFADDIN AVE 2620 MCFADDIN AVE b •.'. K s .2640 MCFADDIN AVE • 4`� • 2670 MCFADDIN AVE '• ' - 2626 MCFADDIN AVE r '= • v 2650 MCFADDIN AVE ,AW7 Ii 2680 MCFADDIN AVE 2656 MCFADDIN AVE+ 1,5W ep, JI mm 44 rIIIE° rt a�, r 1590,1 ST 1 Ali, ai Li jj a c fLlt�'. z 2825 MCFADDIN.AVE�51 CTH S+- 2643 MCFADDIN • 'I 51iM CFADDINAVE ;:,,""i- �If'"�- `�• •'� r ' i1 � r�. �,, * • 4�`''' , { - X2635MCF D �ti•r • `' i r "' '' ' ''� Y ,2655 MCFADDIN AVE :_ + 5 O0�1 OTH ST + 2671 MCFADDIN AVE 2663-MCFADDIN AVE - 1 I {. EXHIBIT «A» . �a «t� n_ NORTH STREET (AKA WILLIAMS AVE. — 60' R.O.W. PER PLAT) I^^ N +T1B.P.E.' . WHITELEY P. 0. BOX 5492 D ASSOCIATES BEAUMONT. TEXAS 77728-5492 INCORPORATED 408-892-0421 TING ENGINEERS, © 3250 EASfEX FR17Y. SURVEYORS, AND PLANNERS BEAUMONT, TEXAS 77703 © 2017 Mork W. Whiteley & Associates, Inc. . FIRM NO. 10106700 F 409-992-1340 This document, as an instrument of professional service, is the property FIRM ND. F-2833 of Mark W. Whiteley & &socioies, Inc. and is not to be used, reproduce copied or distributed, in whale or part without the written oulhorizalion i W.-\2017\ 17-842\ 17-842.DWG\SAW Mark W. Whiteley & Associates, Inc. EXHIBII "b" PROPOSED SITE PLAN OF 2643 NORTH STREET NOTE: LOT 6, BLOCK 52 SITE PLAN BASED ON A SURVEY OF PREPARED BY ACCESS SURVEYORS DATED APRIL 25, 2017. AVERILL ADDITION VOL.1 PG. 131 MRJC +T1B.P.E.' . WHITELEY P. 0. BOX 5492 D ASSOCIATES BEAUMONT. TEXAS 77728-5492 INCORPORATED 408-892-0421 TING ENGINEERS, © 3250 EASfEX FR17Y. SURVEYORS, AND PLANNERS BEAUMONT, TEXAS 77703 © 2017 Mork W. Whiteley & Associates, Inc. . FIRM NO. 10106700 F 409-992-1340 This document, as an instrument of professional service, is the property FIRM ND. F-2833 of Mark W. Whiteley & &socioies, Inc. and is not to be used, reproduce copied or distributed, in whale or part without the written oulhorizalion i W.-\2017\ 17-842\ 17-842.DWG\SAW Mark W. Whiteley & Associates, Inc. EXHIBII "b" �1� July 25, 2017 Consider a request for a rezoning from RS (Residential Single -Family) District to RM -H (Residential Multiple -Family Dwelling Highest Density) District and a Specific Use Permit to allow an Assisted Senior Living Facility located at 2335 and 2365 South Major Drive BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager 0 3 PREPARED BY: Chris Boone, Planning & Community Development Director MEETING DATE: July 25, 2017 REQUESTED ACTION: Consider a request for a rezoning from RS (Residential Single - Family) District to RM -H (Residential Multiple -Family Dwelling Highest Density) District and a Specific Use Permit to allow an Assisted Senior Living Facility located at 2335 and 2365 South Major Drive. BACKGROUND Riceland Senior Living, LLC requested a Rezoning and Specific Use Permit for their property at 2335 and 2365 South Major Drive in June of this year, and it was tabled. The request was to rezone from R -S (Residential Single -Family Dwelling) to RM -H (Residential Multiple -Family Dwelling Highest Density) with a Specific Use Permit to allow an Assisted Senior Living Facility. The revised site plan allows for a single story structure of less than 15,500 square feet. Plans are to accommodate no more than 24 individuals and required staff. At a Joint Public Hearing held on July 17, 2017, the Planning Commission recommended 9:1 to approve a request for a rezoning from RS (Residential Single -Family) District to RM -H (Residential Multiple Family -Dwelling Highest Density) District and a Specific Use Permit to allow an Assisted Senior Living Facility with the following conditions: 1. TXDOT approval of driveways. 2. Provide sidewalk along Major Drive. 3. 6' wide landscaping buffer along parking area as required by ordinance. 4. Garbage dumpster must be located a minimum of 25 feet from neighboring properties and surrounded with a gated privacy fence. 5. Drainage District #6 and City Engineering must approve drainage plans. FUNDING SOURCE Not applicable. RECOMMENDATIONS Approval of the ordinance with the following conditions: 1. TXDOT approval of driveways. 2. Provide sidewalk along Major Drive. 3. 6' wide landscaping buffer along parking area as required by ordinance. 4. Garbage dumpster must be located a minimum of 25 feet from neighboring properties and surrounded with a gated privacy fence. 5. Drainage District 46 and City Engineering must approve drainage plans. DATE: July 17, 2017 TO: Planning Commission and City Council FROM: Chris Boone, Director of Planning and Community Development SUBJECT: To consider a request for rezoning from RS (Residential Single -Family) District to RM -H (Residential Multiple -Family Dwelling Highest Density) District and a Specific Use Permit to allow for an Assisted Senior Living Facility. FILE: 2294-Z/P STAFF REPORT Staff recommends approval with the following conditions: 1. TxDOT approval of driveways. 2. Provide sidewalk along Major Drive. 3. 6' wide landscaping buffer along parking area as required by ordinance. 4. Garbage dumpster must be located a minimum of 25 feet from neighboring properties and surrounded with a gated privacy fence. 5. Drainage District #6 and City Engineering must approve drainage plans. Riceland Senior Living, LLC requested a Rezoning and Specific Use Permit for their property at 2335 and 2365 South Major Drive in June of this year, and was tabled. The request was to rezone from R -S (Residential Single -Family Dwelling) to RM -H (Residential Multiple -Family Dwelling Highest Density) with a Specific Use Permit to allow an Assisted Senior Living Facility. The The revised site plan allows for a single story structure of less than 15,500 square feet. Plans are to accommodate no more than 24 individuals and .required staff. Due to concerns regarding drainage, storm water computations are attached. Please note that final occupancy approval is subject to review and acceptance of submitted plans and field inspections to verify compliance with applicable codes. Exhibits are attached. PUBLIC NOTIFICATION Notices mailed to property owners 20 Responses in Favor Responses in Opposition LEGAL DESCRIPTION FOR ORDINANCE PURPOSES Being described as: Lots 3 & 4, Block `B", of Amelia Heights Addition, Beaumont, Jefferson County, Texas ANA T .VCTC CONDITIONS FOR APPROVAL OF SPECIFIC USE PERMIT (SECTION 28-26.E, ZONING ORDINANCE) Conditions: Application Application is in is not in compliance compliance 1. That the specific use will be compatible with and not injurious to the use and enjoyment of other property, or significantly diminish or impair property values within the immediate vicinity; X 2. That the establishment of the specific use will not impede the normal and orderly development and improvement of surrounding vacant property; X 3. That adequate utilities, access roads, drainage and other necessary supporting facilities have been or will be provided; X 4. The design, location and arrangement of all driveways and parking spaces provides for the safe and convenient movement of vehicular and pedestrian traffic without adversely affecting the general public or adjacent developments; X 5. That adequate nuisance prevention measures have been or will be taken to prevent or control offensive odor, fumes, dust, noise and vibration; X 6. That directional lighting will be provided so as not to disturb or adversely affect neighboring properties; X 7. That there are sufficient landscaping and screening to insure harmony and compatibility with adjacent property; and, X 8. That the proposed use is in accordance with the Comprehensive Plan. X Comments Attached GENERAL INFORMATION/PUBLIC UTILITIES PROPERTY OWNER: Riceland Senior Living, LLC LOCATION: 2335 & 2365 Major Drive EXISTING ZONING: R -S (Residential Single -Family Dwelling) District PROPERTY SIZE: 1.454 ac., more or less EXISTING LAND USES: Vacant FLOOD HAZARD ZONE: X — Area determined to be outside the 500 year flood plain. SURROUNDING LAND USES: SURROUNDING ZONING: NORTH: Residential R -S (Residential Single -Family Dwelling) District EAST: Residential R -S SOUTH: Residential R -S WEST: Residential R -S COMPREHENSIVE PLAN: Neighborhood Growth Unit STREETS: Major Drive — Arterial, State Highway (FM 365), with 140' wide right -of- way and 67' pavement width. DRAINAGE: Curb & Gutter WATER: 6" Water line SANITARY SEWER SERVICE: 8" Sanitary sewer line PROPERTY OWNERS NOTIFIED WITHIN 200' THOMAS ROBERT E & BEATRICE MYER WAYNE MAXX RUFFIN REGINALD D MTW PROPERTIES LLC JAVED MUHAMMED T & JAMIL RUBINA JAVED MUHAMMED T & JAMIL RUBINA BRYANT GREG & REESA PASCHAL MARTHA PASCHAL MARTHA JAVED MUHAMMED TAHIR PASCHAL MARTHA JAVED MOHAMMAD SHAHID GHAFFAR MOHAMMAD & TASLIM NIGHAT AHMAD M ISRAR & JABEEN TEHMINA WAIDLEY MICHAEL H JR SANCHEZ ROSALIND A BORDEMAN EUGENE & SANDRA VAUGHN SELDON C STELLY PATTI AUDILET TERRY APPLICATION FOR AMENDMENT OF THE ZONING ORDINANCE BEAUMONT, TEXAS (Chapter 28, City Codes) TO: THE PLANNING COMMISSION AND CITY COUNCIL, CITY OF BEAUMONT, APPLICANT'S NAME AND ADDRESS: 75Ca 6�'"tcLr/f,--Fk -7 -7 70 "7 APPLICANT'S PHONE #: J 3S- 54 FAX � .�G11 f IS' 7 7 NAME OF OWNER: ADDRESS OF OWNER: -2Z-70 U I C �� �J ' i CZ lli/�!7G , ' �' -7 -7 7 G';' LOCATION OF PROPERTY: 2 3 .7S ` Z �S / ' Gµ (✓�• �� LEGAL DESCRIPTION OF PROPERTY: LOT N0. Z -� 3� ��� OR BLOCK NO. ADDITION Iqj2Le lam �o�� S NUMBER OF ACRES I , -Z S 8' TRACT ll - PLAT SURVEY NUMBER OF ACRES For properties not in a recorded subdivision, subunit 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: r kL 4-111 4 ZONING DISTRICT REQUESTED: 6 6 - Mp 'z ry , HAS THE REQUEST BEEN MADE BEFORE? A D IF SO, DATE: 1 r 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 I S MADE FOR THE REQUESTED DISTRICT ORA MORE RESTRICTIVE DISTRICT. i SIGNATURE OF APPLICANT: t% ,d` DATE: SIGNATURE OF OWNER (IF NOT APPLICANT): Az 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 SP9CIFIC USE PERMIT APPLICATION BEAUMONT, TEXAS (Chapter 28, City Codes) TO: THE PLANNING COMMISSION AND CITY COUNCIL, CITY OF BEAUMONT, TEXAS APPLICANT'S NAME: RICELAND SENIOR LIVING, LLC APPLICANT'S ADDRESS: 85 IH 10 N., STE 109, BEAUMONT, TX 77707 APPLICANT'S PHONE #: (409)835-6656 FAX #: (409)838-7577 NAME OF OWNER: JAVED VENTURE HOLDING LLC CEO SHAWN SHAHID JAVED ADDRESS OF OWNER: 2270 AVALON ST, BEAUMONT, TX 77707 LOCATION of PROPERTY: 2335 & 2365 MAJOR DR. SOUTH LEGAL DESCRIPTION OF PROPERTY: LOT NO. LRTS(3) &(4) OR BLOCK NO. BLOCK (B) ADDITION AMELIA HEIGHTS NUMBER OF ACRES 1.258 PLA 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: SENIOR RESIDENTAL ASSISTED LIVING ZONE: GC MD2 (LITE COMMERCIAL) 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 '/z ACRE OR MORE AND LESS THAN 5 ACRES...................$450,00 5 ACRES OR MORE...................................................................$650.00 I, being the undersigned applicant:; understand that all of . he conditions, dimensions, building sizes, landscaping and parking areas depicted on the site plan shall be adhered to as amended and pprove , y City Council. SIGNATURE OF APPLICANT: /�/ DATE: 03/23/2017 SIGNATURE OF OWNER: DATE: 03/23/2017 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. CITY OF BEAUMONT PLANNING DIVISION 801 MAIN STREET, ROOM 201 BEAUMONT, TX 77701 Johns & Johns Attorneys at Law * Kent W. Johns BOARD CERTIFIED PERSONAL INJURY TRIAL LAW TEXAS BOARD OF LEGAL SPECIALIZATION Theodore R. Johns, Jr. June 23, 2017 Theodore R. Johns, Sr., Emeritus AMENDED REQUEST RE: SPECIFIC USE PERMIT: RICELAND SENIOR LIVING 2335 & 2365 SOUTH MAJOR DRIVE, BEAUMONT, TX 77707 Dear Sir/Madam: Please take notice that my office is retained to assist Riceland Senior Living, CEO Shawn Javed, in acquiring a Specific Use Permit pertaining to the above -referenced property. As such, we enclose the original and one copy of the following items. 1. Specific Use Permit Application, 2. Survey of the Proposed Property Location, 3. Proposed Conceptual Site Plan & Aerial Site Plan, and 4. Substantive Information and depiction of the Proposed Building, along with information concerning use of the proposed facility. The proposed building and facility is specifically for the development of an upscale, luxury senior living residence. The Senior Living Residence is designed for under 15,500 square foot, single story residence; designated for no more than twenty four (24) private pay individuals. The design of the structure itself is to blend in with the existing structures, houses or nearby residences. Again, this proposed project is to be a well maintained, luxury and upscale residence; which will have an eight foot privacy fence on all boundaries. Riceland plans to provide premium and supremely maintained landscaping and attractive grounds around the residence. In addition, the proposal incorporates thirty-five (35) parking spaces for visitors, family and staff. The eight conditions required by Section 28.04.001 of the Zoning Ordinance for the City of Beaumont will be met as addressed below: The proposed Senior Living Residence will be housed in a single one (1) story residential type structure. All boundaries will have an eight foot privacy fence and a minimum of ten (10) foot, landscaped setback from the property line. 2640 Calder Avenue, Beaumont, TX 77702 • P.O. Box 808, Beaumont, TX 77704 • Phone: 409/833-2233 • Fax 409/833-4226 r., 4.- The existing, . driveway or area designated for a driveway provide more than adequate access to the proposed senior living -residential facility, with accessfrom South Maj or Drive. Again, the proposed facility will have thirty-five (35) parking spaces. The parking. area. and driveway as proposed provides for the safe and easy access. by residents, their families, visitors and staff. 'See attached site plan. 5. The proposed Senior Living Residence will not generate any odors, fumes, dust, noise, vibrations,* or disturbances. The proposed residence is entirely self contained and in a controlled environment. 6. All proposed lighting will comply with City of Beaumont Ordinances and Codes. ti 2. The proposed Senior Living Residence will have absolutely no impact on the existing with access and egress to - the residence. No proposed lighting will disturb or residence,. Said proposed residence will. not impact the growth, improvement or adversely affect the neighboring properties. building or orderly development of the surrounding vacant property. The. proposed buil structure is designed _4 to look like any, other residence or home. See prop ;sal 7. The proposed Senior Living Residential Facility will have sufficient landscaping and enclosures.- screening to insure peaceful, harmonious: and compatibility with the adjacent The addition of the Proposed Senior Living Residence will not have an impact- on the property. See attached site plan. access roads or utilit drainage, water, wastewater, utilities. The - #��- property already has an 8. The requested Specific Use Permit and Propose Senior Living -Residence is in existing access and egress point on the front facing S. Major, along with utilities and t - , sive Plan. Senior Living or accordance with the City of Beaumont's ComprQhqn water. 4.- The existing, . driveway or area designated for a driveway provide more than adequate access to the proposed senior living -residential facility, with accessfrom South Maj or Drive. Again, the proposed facility will have thirty-five (35) parking spaces. The parking. area. and driveway as proposed provides for the safe and easy access. by residents, their families, visitors and staff. 'See attached site plan. 5. The proposed Senior Living Residence will not generate any odors, fumes, dust, noise, vibrations,* or disturbances. The proposed residence is entirely self contained and in a controlled environment. 6. All proposed lighting will comply with City of Beaumont Ordinances and Codes. Proposed lighting, is designed to be attractive- and assist residents, visitors and staff. with access and egress to - the residence. No proposed lighting will disturb or adversely affect the neighboring properties. XWJ/ocf 7. The proposed Senior Living Residential Facility will have sufficient landscaping and enclosures.- screening to insure peaceful, harmonious: and compatibility with the adjacent property. See attached site plan. 8. The requested Specific Use Permit and Propose Senior Living -Residence is in t - , sive Plan. Senior Living or accordance with the City of Beaumont's ComprQhqn Residential'Housing is allowed as long as the building, structure and proposed facility abide by the City and State Ordinances and Codes. We thank you in advance for the opportunity Specific Use Permit. ,ortunity and request approval of Sp Sincerely, KENT W. JOHNS Representative for Riceland Senior- Living XWJ/ocf enclosures.- o uuv u L_ JJ u i.. WinStorm (STORM DRAIN DESIGN) Version 3.05, Jan. 25, 2002 Run @ 6/26/2017 5:07:32 PM PROJECT NAME Memory Care JOB NUMBER 06-2017-Bmt PROJECT DESCRIPTION Draiange Run -Off of Site DESIGN FREQUENCY 10 Years ANALYSYS FREQUENCY 100 Years MEASUREMENT UNITS: ENGLISH OUTPUT FOR DESIGN FREQUENCY of: 10 Years ------------------------------------------- ------------------------------------------- Runoff Computation for Design Frequency. ID C Value Area Tc Tc Used Intensity Supply Q Total Q (acre) ----------------------------------------------------------------------------- (min) (min) (in/hr) (cfs) (cfs) A-1 0.35 1.40 10.00 10.00 9.24 0.000 4.526 A-2 0.82 1.40 ----------------------------------------------------------------------------- 10.00 10.00 7.00 0.000 8.036 OUTPUT FOR ANALYSYS FREQUENCY of: 100 Years --------------------------------------------- --------------------------------------------- Runoff Computation for Analysis Frequency. ID C Value Area Tc Tc Used Intensity Supply Q Total Q (acre) ----------------------------------------------------------------------------- (min) (min) (in/hr) (cfs) (cfs) A-1 0.35 1.40 10.00 10.00 11.03 0.000 5.406 A-2 0.82 1.40 10.00 10.00 7.00 0.000 8.036 Page 1 z A-1 Pre -Development A-2 Post Development i.uwu UP LA L_ Page 2 LEGENDhi4 PROPERTY BOUNDARY HX F 5 � `t? a Y Y...Y� §.. a x' � �... r 9 � ,�" fy:,> t g -t8''` -raj, .'+ sr a^' "S' � �•,, •g.g �. r d _ . 'ri . y{ )`. ,t$ i' yrs t �''v�S' si �'�i a'•kb' i ''§ r,{t SET BACK BUILDING LINE PROPOSED TREES PROPOSED SHRUBS • _ r a 4z n7t d...xil (:.r tx.n:. .A « +.,;+ 'd .E �" �' i *iT qq b'. �` T. _ - _ PROPOSED POND / UNDERGROUND TANK e �ta°I t � ,•: .S� °"° f' �'�' ; fi' t �,'' j -y) % .. SS X "A 4 4 9 {.'!, � "k, � � 1 � t it.... ... R 4 k3 'i "t {*I 'fl 7'i 'd •C a �a 6 ».� ,.�'p ''rr a "++~r':b .,K a j.. sYY ,r -� r �,� :i b lA a 1 i3r"'jaY4I d \ - 'a SECURED COURTYARD CANOPY E xs #'.�A. -ra".E' i �» ^i•. .. 1R •1"vm .I � . "k y,�+7Y - ��✓+'� g r J .at ,;� ��N� .; -. . �' �,},!.y'' �, zII;. AS .A;.;tx ,.F {• *?&+ r, j, C: r r t} `§ 'i �. �,� � "6.p"y�� �• 1. t�ix t A. 'v l �e�. 4 §.Xai r q„ ^���. 'h " 7 a t 3 'X" e 4 p>— , x ..� {.�. 't�"x- }9 a A � s y .may yB a #�' a,r i e. •� � r i � r r ° "b� e �' "a '� LANDSCAPING ..,R,a" �!�'idii N•;F ,+Mer tr Vii" d `s,X, ,..F. r',4+a'. 1`. �' � 1" � �' 'A 41Y �A i•y f i dMM..� <fg.''-� "i ,�F . '� i'1 ..A� Y i i.° §3 ..��+ �j•'";'. Y 5 ,ld,e.a,$F '`x'i.*' i_Sar hy, �L] �i_ TOTAL LAND 64.000 Sq. Ft. (1.5 Acres) 7� '(g'd �•fke' ..�. N '4 T •d §t, r Y JJ r�' k � d•"ry ?.i h(' §t eF h. z $2 ,±i .�nfv ;cbfp r a,'&"'7 yt ,,.F. fr'l.. Yr�S4,a�. ! NX � � } .E.7 * 4 .Yi :E p � 14 !� .i l!?.I fv'c 'S'. `". k.'k L' �'t'--,''d `'i� d ..�Pi0o0r5ED yy TOTAL PROPOSED PARKING SPACES 33 TOTAL REQUIRED PARKING SPACES 30 ,, iY .e" . ibJ �:.t.. X ^'r r, :, •-.. 4 • E; 3 f Y.,�� • _. +i+ �1` D � •( :r.„: 4 x H 1 1 � � z1.�' ^+ w .,,4� 'YL``v�$ ." q. �7 � °,� S� "''+�' •�,� l� ;.. L,: Xp :;n ... ;:+i.. *z e i •; a is S i Y"� a"r S�J l " d .�L F� S F 1as`ryy'��y� yoT �"�x 'fy �f k. iPR0Po5ED 5NRDB5 px SINCE} 1��71r it �C7,O�c� ' ♦j,'"' ° { w j" . >, ��t,�} , yy•� �xA S�3!'? eat �' � � 9t ' rJ G b 0 + ��O' 0 0 0� 4'10 U tcJ �'�° t:AX ""iY"r a �i a q''�i,%�''p�^ �'�} +' _ a °.sg �'' ati�y5, s •'rr"} c§ h�+�tl a jI 4., ; i + "I� 4 iavosa CAR `?�, ''' RI � r~ •`qp� t''+S �.:..� ..s `L.«.;'.�..i � �fh "•�'� i # F' a S A1X�? "g5�y'' �' ''.4''� Y�?'"� aL� I��xI h,T'I�•"'I,�h ». ��i��.. �-3� 'd" x„� fy v�b ��i^,#?}• a'� � ' rf 'v .� aY )7 pY 1' �i'n^-rt � i;p�j �' :§{ Y , � r(�p§ S `a �} 'u�M� � � 1 a � 'i� � r _ J! , IS'P'` •n r r � � 6 ', ks+e '.G `t', aa -'P 4}..sr r:T. ez� *x sr -, -r's g4"E-, 3' �• , "Y ii+” 1 , .r�� *p � " uux; r -x' .#� Ad:-.., r. t t p4 )'r •' 1,.,.,- � r. i`yi j; x ;T`- b M�ee✓i �� I r y9R b �.... t � �Y�. � b)„_ �' '',;:� � ��.J �qw r„ t x �e� .� q; •E t r. u tiz. :! „,. 1 O� � "�'� �..0 �'�X }� .e� +' - . 3 J x .F< s a �t fk., *Lr: ,+�3}� Y, . { a0.,' "d .i t £ N5�.E j[ VMF fid` `` ..• rl C rL.Lr.t ::. i q ! }.."J' 's. �' ta" 3�'£r .Fr"JhTvf. ,p,-� £, 7 eJ� :i f �,\'Ay �5 �'4.: "'• i j..J^.—F ..•+-+..a..., ii 47"r$'{IpWIR� DEW � A { } } f } of +L.:..X' y� y11� l� .' ..K C , �� liI( ��' ,; mss. § w � rt:, � L i ti� § �'���'"�., +': •,., S Y'y l a *,F S ;.r ly J t� YiA �� �r p�.... zgg^.��. PRDPor.,A'. �"'.. Y' -`f '{•:-Y@° t 3} 3y "rb SSSSS'� n•*.'o.�y. it4 ^i.^r- 1 h -7 NiOE JO[Y.1LX.. rrd t •, - + SF i i r..+ �{� �Y`` i a` P"t1, q ^�'yi •I ,j��taP (.% 4l Y��iC1 Y.t FEJJEE PROVCFfY BOUNDARYf � p'�'Ii..:^ iyj'•♦"��i RD+hS �'4 f �=y}A 1.. �1 kpY �,..{`''Y,'♦ly�� .. e:,. t+e a�i.. '.•. %. Aly a'Ift i rvbl . .: }.TANK � t#. oPOND/UNDERGROUND POND `"}"J kw, tL 'q 77h Z. '�3+'�_✓?�.`:' 1 H4+r.i5 �I}I4yF '' - 'r �8 '�.3t T •Fl !i � Yet v � ,,�T4 +aa;.. 4J'h� � :3.- M : W � C 1 � i. t v -t '+w .S —t f LU�i7. .Y,,. 1:(�1'.' : a i� 41 i ) {��4 J`�ti rm a r .� k� \�'i/ ! ^!e'„t S� � y,Rv th "�`'•�� iY�,;h tp, i K?fC l m. n `§ 1 L mt^' ♦ " y1 c vti �.. p• u"419Sr CA S ' PROPERTY FONVpARY r,.+^ > ,.H 'M1 }�`t S '�4 J��"• r :"tYE� 't &.n ,� d'ww- ✓+S^t : -C.v ^"T" X�• 'h � Y ��i � "t ° fid.. 4A� "� � a '''�rM 4, ��Y'l�'1'�`4'+" rk>F� � 'w r� ^'�i7. ,Yr S 1 : Sr tN � °. a ed� �„ � 9 � ,,.4. ,} 3 i T.. ,� Y �x i j � ,j ,y �' d ;$ y 11 YYr ..w.K.i`.w � .''•.- . ?...i Riceland Senior (/y� Livin�/� m X ff .`.rf!'°' �1. 9��2�J ,Y � aeavad: 6/23/201, tt PROPOSED CONCEPTUAL AERIAL SITE PLAN ( �R � - I 6/22!2017 Sze�zaE V� - - P-1 /2 cuzix°s>rA.aYnroe loeriu SCALE AS SHOWN 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 RS (RESIDENTIAL SINGLE FAMILY) DISTRICT TO RM -H (RESIDENTIAL MULTIPLE FAMILY DWELLING -HIGHEST DENSITY) DISTRICT FOR PROPERTY LOCATED AT 2335 AND 2365 SOUTH MAJOR 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 RS (Residential Single Family) District to RM -H (Residential Multiple Family Dwelling -Highest Density) District for property located at 2335 and 2365 South Major Drive, being Lots 3 & 4, Block "B," Amelia Heights Addition, Beaumont, Jefferson County, Texas, containing 1.258 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. Ccrflnn d 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 25th day of July, 2017. - Mayor Becky Ames - 2294-Z/P: A request for a Rezoning from R -S (Residential ' Single -Family) District t MD -2 (General Commercial Multiple -Family Dwelling -2) District, and a Specific Us nit to allow a Senior Living Multiple -Dwelling Residence. licant: Riceland Senior Living, LLC -4-:- u: 2335 m2.365 Mayor Drive 0 100 200, 1 1 1 1 Feet EXHIBIT "A" ORDINANCE NO. ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW AN ASSISTED SENIOR LIVING FACILITY IN AN RM -H (RESIDENTIAL MULTIPLE FAMILY DWELLING -HIGHEST DENSITY) DISTRICT AT 2335 AND 2365 SOUTH MAJOR DRIVE IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS, Riceland Senior Living, LLC has applied for a specific use permit to allow an assisted senior living facility in an RM -H (Residential Multiple Family Dwelling - Highest Density) District at 2335 and 2365 South Major Drive, being Lots 3 & 4, Block "B," Amelia Heights Addition, Beaumont, Jefferson County, Texas, containing 1.258 acres, more or less, as shown on Exhibit 'A" attached hereto; and, WHEREAS, the Planning and Zoning Commission of the City of Beaumont considered the request and is recommending approval of a specific use permit to allow an assisted senior living facility in an RM -H (Residential Multiple Family Dwelling - Highest Density) District at 2335 and 2365 South Major Drive, subject to the following conditions: • TXDOT approval of driveways. • Provide sidewalk along Major Drive. • 6' wide landscaping buffer along parking area as required by ordinance. • Garbage dumpster must be located a minimum of 25 feet from neighboring properties and surrounded with a gated privacy fence. • Drainage District #6 and City Engineering must approve drainage plans. ; and, WHEREAS, the City Council is of the opinion that the issuance of such specific use permit to allow an assisted senior living facility is in the best interest of the City of Beaumont and its citizens; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this ordinance are hereby, in all things, approved and adopted; and, Section 1. That a specific use permit to allow an assisted senior living facility in an RM -H (Residential Multiple Family Dwelling -Highest Density) District at 2335 and 2365 South Major Drive, being Lots 3 & 4, Block "B," Amelia Heights Addition, Beaumont, Jefferson County, Texas, containing 1.258 acres, more or less as shown on Exhibit "A," is hereby granted to Riceland Senior Living, LLC, 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: • TXDOT approval of driveways. • Provide sidewalk along Major Drive. • 6' wide landscaping buffer along parking area as required by ordinance. • Garbage dumpster must be located a minimum of 25 feet from neighboring properties and surrounded with a gated privacy fence. • Drainage District #6 and City Engineering must approve drainage plans. 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 25th day of July, 2017. - Mayor Becky Ames - File 2294-Z/P: A request for a Rezoning from R-S (Residential'Single-Family) District to GC-MD-2 (General Commercial Multiple -Family Dwelling-2) District, and a Specific Use Permit to allow a Senior Living Multiple-Dwelling Residence. pplicant: Riceland Senior Living, LLC ocation: 2335 & 2365 Major Drive o 100 zoo_ I i I I Feet EXHIBIT "A" • ate: '�B lEC7G'S1 v Ga "s t 4 1^ y IMA ED ,5 AH 4�OR.`:1'glf•.]I�-,,'I h�31 tr 4 LEGEND PROPERTY BOUNDARY SET BACK BUILDING LINE PROPOSED TREES O PROPOSED SHRUBS e PROPOSED POND / UNDERGROUND TANK SECURED COURTYARD CANOPY >� LANDSCAPING -L. IALJU I dypfUVd1 UI UTIVCWdyS. 2. Provide sidewalk along Major Drive. 3. 6' wide landscaping buffer along parking area as required by ordinance. 2294 z/p 4. Garbage dumpster must be located at a minimum of 25 feet from neighboring properties and surrounded with a gated privacy fence. 5. Drainage District #6 and City Engineering must approve drainage plans. PROPosED TREES z b tv m vi PROPOSED SHRUBS 8' TALL "= ///'PRIVACY FENCE S 87'07'52" W 317.01' / l PROPOSED 5' WIDE SIDEWALK .7.l,J''•LANDSCAPlNG• .a%.. ...•..., r .I: ' i 11- m J k„(� 00 Sq FI' , m �r• 4` OURTYAR ;t I I!_ i ]'.t'''i'IJ'„1, •+'' O ai — � 'tri,: ,t •iytia.. I� 1 m �--mm�ve®•�,_emm ,:: r ,' _:':'_''N„'f I r��'J�'1 0 : m .'1: t �:I I' '.•Y'�c I , i' i • t I' �.'.'.'..5�' fl i , � i . r'�—,., Iii . .I r 1 f.i � •.1 p''7Cw^`^F,: �t'r'• :::S:;I+,,,'rt:, 'P,',:'p .irs. .,y,.,.,, `, �!Rj:i's!ir:;r 1' { f1 J1•• ,•,. Tn 5.4 'i;11 fi. 3f•,1'•'r.6> _,J,1,:' o -r ¢Sq.4+A;..,'Y�''i.v-„1'a:'w�i�• ,<,'✓i"i•:•n''1i' r`'"']., ) ..I' i' , I jr rr 9.d i:.:i Ksa, a)o« n..;..,..y.; 4 Iny,' d•:' 1 1 µ:. •J�.1r: 3?fit,:•• ,.r�;'k:.r.Ir, v..7j•.:?�''.?."Y.c' :c.jN�. `%e`•v ::; y,; �.::�::fD;: :'r: ::�:"t.j°I I" .I f' f..! ..I .i' O o.l' lU':ii <<'..•„^,<. !�vl '3"' ,;, '' ;:x'.::,15:, �,., ' Cf •arn.::�tr".tF;a;.�,;f•,5..r:Lo- �• =-f•: :zry,n :rrt;i •.:!'•,.:.Yn.;r�.� ;:�. i. ! '� 1 �' _ I_I i I i T / of ''v.r..�'•: r 1 IF. I Ill o •:S? 'rlr:�'''!''':::5':4+'•n:�%•:7 jm:r.�:-.:,_ •.t I' r15, 1E0 SO. FT,1�r1.IJ 1'1, r Z 1::I>1 Fq! j � ;(., �3�•'+•� ; :, o $t,;.t, 1:;,:; •: ..! ' J1, BUILDING 1 I• r' ,J J F" : 3 :'`.•sir '.r:.. µ: e !i : !? S{., r 1 1 I Irl ! 1 -I I' r I : I r 8— J 'rri r I .rr�J..,l rJ J O Pm ��.. r:J r �.., 0 2 ®oe®e mmmvem-�vo�es IIh�� _1 �, 1 1 J X Z ...._.' r, sft (TriJ rrWOE SIDEV{ACK�rrI-1 ,J rr O J, cr ._._... _.. .LANDSCAPING' :u•_�ryll":'.rrll..l-1_iiJ-1�JII JIJ.I ,J�.�, Z W 'OOO 2pO'q 000000000000 N 87'07'52' E 316,67' 8' TALL PRIVACY FENCE ' TOTAL LAND :64,000 Sq. Ft. (1.5 Acres) PROPERTY BOUNDARY TOTAL PROPOSED PARKING SPACES 33 TOTAL REQUIRED PARKING SPACES 30 ' POND / UNDERGROUND TANK 6132/2017 GTCB Riceland Senior Living 6/23I2017 PROPOSED CONCEPTUAL SITE PLAN SHEET SIZE �'•-0•oS1!!'�o7;y 24°x24., SCALEASSHOWN P`2/ ]' RR... GIL IdRM1]ut],]fOR1OCR,R 01 July 25, 2017 Consider amending Chapter 22, Division 3, Section 22.05.102 of the Code of Ordinances related to Solid Waste Disposal by Private Collectors TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Todd Simoneaux, Chief Financial Officer__;:/� MEETING DATE: July 25, 2017 REQUESTED ACTION: Council consider amending Chapter 22, Division 3, Section 22.05.102 of the Code of Ordinances related to Solid Waste Disposal by Private Collectors BACKGROUND Chapter 22, Division 3, of the Code or Ordinances as well as Article XV of the City Charter addresses the requirements of a franchise for solid waste disposal and other public utilities. Currently, Section 22.05.102 of the Code of Ordinances reads (in part) as follows: "Commercial container garbage services" is defined as the regular collection of the garbage from mechanically emptied "dumpster or roll-on" type containers from locations in the city which are not single-family locations, and disposal of such material in accordance with law. Recently, a company that provides temporary and ad-hoc solid waste collection services within the City has asked for clarification of the City Charter and the Code of Ordinances which pertain to the definition of a Public Utility and the definition of "regular" collection of garbage as opposed to temporary or ad-hoc services. It is recommended that Section 22.05.102 is amended as follows: "Commercial container garbage services" is defined as a public utility for the collection of the garbage from mechanically emptied "dumpster or roll-on" type containers from locations in the city which are not single-family locations, and disposal of such material in accordance with law. Removing the word "regular" and defining the service as a "public utility" within the Code should clarify the intent of the original ordinance. A copy of the proposed amendment is attached for your consideration. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of ordinance. ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING CHAPTER 22, ARTICLE 22.05, DIVISION 3, SECTION 22.05.102 OF THE CODE OF ORDINANCES OF BEAUMONT, TEXAS RELATING TO SOLID WASTE DISPOSAL BY PRIVATE COLLECTORS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL; AND PROVIDING A PENALTY. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. THAT Chapter 22, Article 22.05, Division 3, Section 22.05.102 of the Code of Ordinances of the City of Beaumont, be and the same is hereby amended to read as follows: Division 3. Private Collectors Sec. 22.02.102 Franchise required for providing commercial container collection services It shall be unlawful for any person, partnership, association or corporation to provide commercial container garbage collection services in the city without first obtaining a franchise from the city. "Commercial container garbage collection services" is defined as a public utility for the collection of the garbage from mechanically emptied "dumpster or roll-on" type containers from locations in the city which are not single-family locations, and disposal of such material in accordance with law. Section 2. 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 3. That all ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only. Section 4. That any person who violates any provision of this ordinance shall, upon conviction, be punished, as provided in Section 1.01.009 of the Code or Ordinance of Beaumont, Texas. PASSED BY THE CITY COUNCIL of the City of Beaumont this `the 25th day of July, 2017. - Mayor Becky Ames - July 25, 2017 Consider granting a new solid waste transportation service Agreement with 2S Roll -off Services, LLC � A � ELI I I TEXAS TO: City Council FROM: Kyle Hayes, City Manager 0117'�/ PREPARED BY: Todd Simoneaux, Chief Financial Officer MEETING DATE: July 25, 2017 REQUESTED ACTION: Council consider granting a new solid waste transportation service Agreement with 2S Roll -off Services, LLC BACKGROUND According to City Ordinance 22.05.101, no person shall engage in the business of collecting, hauling or transporting, in the city, any garbage, waste or refuse, without first having obtained a franchise from the City. Six (6) entities currently have nonexclusive franchise agreements with the City and are doing business in this area. 2S Roll -off Service, LLC has requested that the City Council grant the company a franchise agreement. 2S serves southeast Texas with its corporate office located at 3065 W. Cedar Street, Beaumont, Texas. The agreement provides for a term of one year from its effective date and a franchise fee of seven percent (7%) of gross revenues received for service. It also requires the entity to indemnify the City of Beaumont and provide insurance which names the City of Beaumont as a named insured. According to the City Charter, franchise ordinances require readings at three (3) separate Council meetings, with the third not less than thirty (30) days from the first reading. The ordinance does not take effect until sixty (60) days after its adoption on the third and final reading. After passage, the ordinance must be published for four (4) consecutive weeks in a newspaper of general circulation in the city. All publication costs are paid by the franchisee. Attached is a copy of the franchise agreement for your review. This is the first reading. FUNDING SOURCE A franchise fee of seven percent (7%) of gross receipts will be paid to the City. RECOMMENDATION Approval of resolution. ORDINANCE NO. ENTITLED AN ORDINANCE GRANTING A FRANCHISE FOR SOLID WASTE COLLECTION AND TRANSPORTATION SERVICES TO 2S ROLL -OFF SERVICE, LLC. WHEREAS, 2S Roll -off Service, LLC (the "Company") has requested a franchise to operate a solid waste collection and transportation service within the City of Beaumont, Texas (the "City"); and, WHEREAS, the City desires to grant such franchise; NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. Grant of Authority There is hereby granted by the City to 2S Roll -off Service, LLC the right and privilege to operate and maintain within the City a solid waste collection and transportation service (the "service"). For purposes of this franchise, the term "solid waste collection and transportation service" shall mean the business of collection, hauling or transporting any garbage, rubbish, waste or refuse from locations in the City, and the disposal of such material in accordance with law. The franchise granted herein is nonexclusive, and franchises may be granted to other persons for service. Section 2. Term of Franchise The franchise herein granted shall take effect and be in force sixty (60) days after the final passage hereof as required by law and upon the filing by the Company of an acceptance with the City Clerk, and shall continue in force and effect until one (1) year thereafter. The acceptance required hereunder must be in writing and filed with the City Clerk within thirty (30) days after final passage hereof. Upon the expiration of the term hereof, this franchise shall continue on a month-to-month basis until terminated by either party or extended or replaced. Section 3. Rates The Company shall establish rates for service which are uniform as to customer class based upon such criteria as type of waste, container size, frequency of collection, and distance of travel. The Company shall file its initial rates for service with its acceptance as required herein. Such rates shall, unless modified by the City, be effective with the effective date of this franchise. Any modifications in rates by the Company shall first be filed with the City Clerk and City Attorney and shall be effective thirty (30) days after such filing unless modified by City as provided herein. Nothing herein shall prevent the Company from charging uniform rates which are less than the rates filed with the City. The City shall have the right to establish rates charged by Company for services performed hereunder, after notice and hearing. Rates established by the City shall be sufficient to allow the Company an opportunity to earn a reasonable return on its invested capital used in providing such services. Section 4. Franchise Fee The Company shall pay to the City, on or before the fifteenth (15th) day of each month, a sum equal to SEVEN PERCENT (7%) of the gross revenues received for service in the previous month as payment for the use of the City's streets, alleys and rights-of-way. The payments herein provided do not relieve Company from the payment of ad valorem taxes, special assessments, charges, or other fees applicable to the public generally. City shall have the right, at any reasonable time, to audit the books and records of the Company and the Company is hereby required to make such books and records available at the request of City. Upon written acceptance, the Company shall furnish to the City a listing of customers served, including customer name, address, frequency of pick-up, size of container or type of service and charge for same. The following reports shall be filed monthly with the City Manager or his designee along with the street rental payment required herein: 1. Upon written request and within thirty (30) days of receipt, the Company shall, furnish to the City adequate reconciliation of reported revenues which would include: a listing of names and addresses of all customers served, frequency of pick-up, size of container or type of service and charge for same, and date service was initiated and discontinued. Section 5. Indemnity, Insurance and Bond The Company shall at all times during the effective period of this franchise, carry liability insurance as provided herein. The Company covenants and agrees at all times to indemnify and save harmless the City, its officers, agents, employees, and any member of the public against any and all injuries, damages, claims, causes of action or loss of compensation arising or resulting from Company's operations under this franchise, whether or not such loss was caused by the negligence of the City, its agents, servants or employees. Upon notice given Company by City, Company must defend at its own expense, any action or suit brought against the City because of any work or other acts done by the Company under the terms of this franchise. Counsel chosen by Company to defend City must be satisfactory to City. Company will pay any final judgment which might be obtained against City by reason of any work or acts done hereunder by Company, its agents, servants or employees, and Company will pay all damages occurring to any person or property, public or private, resulting from any fault or neglect on its part or on the part of its agents or employees. The Company agrees to carry insurance as follows: 1) Workers' Compensation The Company shall furnish the City Clerk a certificate of insurance indicating workers' compensation coverage as required by the State of Texas. 2) Automobile Liability Insurance The Company shall carry, in its own name, a policy in comprehensive form to insure the automobile liability of its operation with limits of not less than Five Hundred Thousand Dollars ($500,000.00) per occurrence for bodily injury and, in addition, not less than One Hundred Thousand Dollars ($100,000.00) property damage. This policy shall name City as an additional insured and provide for thirty (30) days notice to City prior to cancellation. A certificate of insurance certifying such coverage shall be filed with the City Clerk r before the effective date of this franchise, and it shall be maintained in force during the term of the franchise. 3) General Liability The Company shall carry, in its own name, a comprehensive liability insurance policy including contractual coverage for operations other than automobile with limits of not less than Five Hundred Thousand Dollars ($500,000.00) per occurrence for bodily injury, and One Hundred Thousand Dollars ($100,00.00) per occurrence for property damage. The policy shall name the City as named insured and provide for thirty (30) days notice to City prior to cancellation. A certificate of insurance certifying such coverage shall be filed with the City Clerk before the effective date of this franchise and maintained in force during the term of the franchise. Section 6. Compliance with Laws and Ordinances The Company shall, at all times during the term of this franchise, be subject to all lawful exercise of police power by the City and to such reasonable regulations as the City shall hereafter by ordinance provide. In addition, the Company will observe all city, county, state, and federal laws regulating the collection and disposal of solid waste. Section 7. Service Standard and Equipment The Company shall maintain and operate its collection system and equipment in good order to render efficient service subject to the terms of this franchise. All vehicles, containers, and equipment used for the collection and transportation of solid waste shall be constructed, operated and maintained to prevent loss of liquid or solid waste material and to minimize health and safety hazards to solid waste management personnel and the public. Such vehicles, containers, and equipment used shall be maintained in a clean, sanitary condition and free from odors at all times. All vehicles and equipment shall comply with federal, state, and local regulations. Collection vehicles and all bulk, commercial, and roll -off type containers shall be painted and numbered and shall have the Company's name and telephone number painted in letters of a contrasting color. Such containers may not be placed on any street or right-of-way within the City. All collections shall be made directly from the premises of the customer and any emptied containers returned directly to such premises. Section 8. Providing Services The Company shall provide service to any person, firm, corporation, association or entity inside the City of Beaumont who requests such service and is not delinquent in the payment of collection charges due the Company. Section 9. Office The Company shall establish and maintain an office with telephone service and shall keep said office open for business from 9:00 A.M. to 5:00 P.M. each and every day except Saturday, Sunday and holidays. Ccr4inn in Interruption of Service In the event that service shall be interrupted for any reason for more than forty- eight (48) hours, the City shall have the right to make temporary independent arrangements for the purposes of continuing this necessary service to its residents in order to provide or protect the public health and safety. If the interruption in service mentioned herein continues for a period of seventy-two (72) hours, then the City shall ` have the right to terminate the rights and privileges granted in this franchise. Section 11. Termination In the event that any provision of this franchise is violated by the Company, the City may serve written notice upon the Company of its intention to terminate this franchise. The notice shall contain the reasons for such intention to terminate the franchise. Unless within ten (10) days after mailing such notice by City to the Company, such violation shall cease, or satisfactorily arrangements for correction be made by Company, the City Council may, after a public hearing in which Company is provided an opportunity to present evidence concerning such violation, declare the franchise terminated and serve written notice upon the Company of the termination and the termination of the franchise shall be effective upon the mailing of such notice. Section 12. Transfer of Franchise Rights Franchise rights granted hereunder shall not be transferred to another without the approval of City. A single transfer or a series of transfers 'of Company's stock which constitute a transfer of a majority interest in Company is subject to the prior approval of City. Rina inn 11 Notices Where written notices are provided for in this ordinance, same shall be sufficient to notify Company when provided by certified mail to: Impact Waste LLC PO Box 20413 Beaumont, Texas 77720 Notice to City is sufficient if mailed by certified mail to: City Manager City of Beaumont P.O. Box 3827 Beaumont, TX 77704 Section 14. If any section, sentence, clause, paragraph or phrase of this ordinance, other than Section 4, is for any reason held to be invalid or illegal, such invalidity shall not affect the remaining portions of this ordinance. If Section 4 hereof is held to be invalid for any reason, the ordinance shall be immediately invalid. Section 15. It is agreed by City and Company that venue of any legal proceedings under this franchise agreement shall be in Jefferson County, Texas. Section 16. Vehicle Permits Twenty (20) days prior to the effective date of this franchise, the Company shall furnish to the City a list of all vehicles to be providing solid waste collection and disposal service under this franchise. Such list shall include state license number, year, make, model and manufacturer's rated capacity for each vehicle. Vehicles not having a valid City of Beaumont landfill permit will not be allowed to operate under this agreement nor utilize the City refuse disposal facility. If at any time a vehicle or equipment is found to be in noncompliance with Section 7 of this franchise, the Company will be notified of its violation and said equipment or vehicle shall be removed from service upon receipt of written notification. Failure to comply with this provision or to falsify the information concerning the location of the service of the vehicle shall be a material breach of this franchise. Should City decide not to terminate this franchise because of any violation of this Section, Company's disposal fee at City's landfill shall be doubled for all of Company's vehicles for a period of sixty (60) days. PASSED BY THE CITY COUNCIL of the City of Beaumont on first reading this the day of 2017. PASSED BY THE CITY COUNCIL of the City of Beaumont on second reading this the day of , 2017. PASSED BY THE CITY COUNCIL of the City of Beaumont on final reading this the day of , 2017. - Mayor Becky Ames - July 25, 2017 Consider amending Chapter 22, Division 1, Sections 22.02.001 and 22.02.002 of the Code of Ordinances related to Water and Wastewater Service Rates TEXAS TO: City Council FROM: Kyle Hayes, City Manager -41 PREPARED BY: Todd Simoneaux, Chief Financial Officer l�J MEETING DATE: July 25, 2017 REQUESTED ACTION: Council consider amending Chapter 22, Division 1, Sections 22.02.001 and 22.02.002 of the Code of Ordinances related to Water and Wastewater Service Rates BACKGROUND Chapter 22, Division 1, Sections 22.02.001 and 22.02.002 of the Code of Ordinances sets the water and wastewater rates for the City (inside and outside of city limits). These sections of the ordinance have been reviewed and it is recommended that amendments be made to update the ordinance with current practice as it relates to winter averaging, clarify how senior citizen discounts are calculated and clarify how water and wastewater rates are calculated for apartment complexes and mobile home parks. Senior citizen discounts — The current ordinance is subject to interpretation since it describes a "discount rate". There is no "discount rate" (percentage discount rate, i.e. 10%) that is given but rather a "discount" (flat fee). The proposed amendment better defines the amount of the discount which is given. Apartment complexes and mobile home parks — The current ordinance contains language that is out of date and inaccurate as it relates to the three phases which were implemented beginning in 2009 on how to calculate water and wastewater rates for apartment complexes and mobile home parks with four (4) or more units. The proposed amendment removes the phases that are out of date and clarifies what our current practice is. Winter averaging — The current ordinance describes a process that computes the average "actual water usage" for the months of November through February to come up with a maximum wastewater bill for the other eight (8) months of the year. Also, the current ordinance details the process to derive an average monthly usage for customers who had no usage history for the preceding months of November through February. With over 42,000 water and wastewater accounts, the City has employed ten (10) billing cycles to service those accounts. All ten (10) cycles cover a different range of dates, thus it is not possible for the system to calculate the average "actual water usage" per month. However, the system can calculate the average amount that was "billed" in the months of November through February. For those customers that have no billing history for the preceding months of November through February, the software uses an average bill based on six thousand (6,000) gallons of water per month at a 5/8 -inch meter rate as the cap. An amendment is being proposed to bring the ordinance in line with the current practice and capability of the billing software. A copy of the proposed amendment is attached for your consideration. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of ordinance. ARTICLE 22.02 WATER AND SEWER REGULATIONS* Division 1. Generally Sec. 22.02.001 Water service rates (a) Effective October 1, 2016, the following rates per month shall be the rates charged for water service furnished to customers within and outside of the corporate limits of the city except as provided in subsection (b) of this section. Meter Size/Inches Inside City Rate Outside City Rate 5/8 $13.04 $19.60 1 $14.45 $21.66 1-1/2 $15.85 $23.75 2 $19.78 $29.67 3 $40.18 $60.30 4 $48.71 $73.07 6 $87.82 $131.71 8 $120.77 $181.13 10 $166.19 $249.31 12 $207.19 $310.79 Usage rate first 1,000 gallons Minimum Minimum Over 1,000 gallons $ per 1,000 gallons $4.41 $6.63 - - -WA WATATAIMM- (b) Senior citizens who comply with subsection (c) below will receive a discount equivalent to one thousand (1,000) gallons of water ($4.41). (c) Eligible senior citizens shall mean customers residing in a single-family residence inside the city who are over the age of sixty-five (65) years. To obtain the monthly minimum charge deduction, persons eligible must file a sworn application on a form provided therefor, with water customer services. Upon approval of the application the senior citizen's monthly minimum charge shall be applicable for the life of the applicant. (d) Apartment complexes and mobile home parks with four (4) or more units shall be billed a minimum monthly water service rate for 75% of the number of units at the 5/8 -inch meter rate. Additional usage above and beyond the minimum usage will be billed based on rates set by this section. Sec. 22.02.002 Wastewater service rates (a) Effective October 1, 2016, the following rates per month shall be the rates charged for wastewater services furnished to customers within and outside of the corporate limits of the city where the wastewater produced by such customers is a normal strength wastewater (150 mg/1 lb) except as provided in subsection (b) of this section: Meter Size/Inches (d)1)Upon Outside City Rate e e eetive-date $8.34 of eaeh of the thTee-(3) phases, Oetober- 1, 2009; $12.71 Oetober 1, 2010; ;tb, f ,,,. (4) Y aad o ore Ar,.;l units is b, 2011, shall be ,,, aft ent eomplevos billedminim-um„tb.ly and ffiab.;le .,,.,to« sen4ee b,,,me r.,d at f. A) E ff ..t; Pe Oetober-22009: the (75-% of number- er- .,f,,rAls) x Minimum.,tb,l., water seFviee rate for- „ 5,18 ifieh FRetef (B) Effeetiv oeteber2010-- 010( 759% the tom\ (759% o f ,+ „-,b er- of uP x M;.,;.,,,,m „ „tb,l), water- ser-viee ser-v rate f ,.., 5/8 ineh ,,,oto« (G)—Effective April 1, 20147. the A T;,,;,,,,,,,, c /4 (759% of i „-,b er- of units) x „, „tb,l„ water- s e rate for- a ineh ,f.oto,. (2) The mipdmum monthly water- sen,iee 1000 rate ineludes the volume as ealeulated below: 750% —ef the x gallon ibei ef th� (d) Apartment complexes and mobile home parks with four (4) or more units shall be billed a minimum monthly water service rate for 75% of the number of units at the 5/8 -inch meter rate. Additional usage above and beyond the minimum usage will be billed based on rates set by this section. Sec. 22.02.002 Wastewater service rates (a) Effective October 1, 2016, the following rates per month shall be the rates charged for wastewater services furnished to customers within and outside of the corporate limits of the city where the wastewater produced by such customers is a normal strength wastewater (150 mg/1 lb) except as provided in subsection (b) of this section: Meter Size/Inches Inside City Rate Outside City Rate 5/8 $8.34 $12.48 1 $8.48 $12.71 1-1/2 $8.62 $12.92 2 $9.36 $14.02 3 $10.59 $15.87 4 $15.51 $23.30 6 $25.44 $38.09 8 $31.08 $46.64 10 $42.39 $63.56 12 $53.67 $80.47 Usage rate first 1,000 gallons Minimum Minimum Over 1,000 gallons $ per 1,000 gallons $3.96 $6.01 M 11111111 AA (b) Senior citizens who comply with subsection (c) below will receive a discount which is equivalent to one thousand (1,000) gallons of water. (c) Eligible senior citizens shall mean customers residing in a single-family residence inside the city who are over the age of sixty-five (65) years. To obtain the monthly minimum charge deduction, persons eligible must file a sworn application, on a form provided therefor, with water customer services. Upon approval of the application the senior citizen's monthly minimum charge shall be applicable for the life of the applicant. (d) Residential sewer charges shall be based on the average water bill invoiced for the month of November, December, January and February. The monthly individual sewer bill shall not exceed that average. Where no preceding November through February monthly average bill is available, water customer service will use an average bill based on six thousand (6,000) gallons per month at a 5/8 -inch meter rate as the cap. (e) Commercial and industrial sewer usage charges shall be based on one hundred (100) percent of the metered water usage. In circumstances where a commercial or industrial customer desires a credit for metered water being consumed but not being returned to the sanitary sewer, it shall be the responsibility of the user to furnish to the director of water utilities an engineering report, certified by a professional engineer, that justifies and supports the discharge reduction as being a continuous normal part of the process. Based on the data provided, the director of water utilities may estimate said return or require sub metering of the process water. Meters used for sub metering shall be furnished at the customer's expense and shall be approved by the director of water utilities. «, (,) Upon ,ate f eaeh of the tIffee-(3) phases, Oet 1, 2009'- Oeto NN4th 4 or- more units shall n,, apartmei# eomplexes be billed nenthly and .,,able home ,..,,.vim wastewater- ser-viee rate of-- ) E eetive Oetober- 1; 2$89--. ra;.,;,...,,,.,, c18 ;,,,.t, (750% of the rmber- of units) x .., „+W.. waste.,,.,+o,. s e ,ate for- a ,...,otor (B) E feetiye Oetober- 1, 2010 r a;,,;,,..,,,,, (751 f the „, er- of units) x .,, ntI4 .wastewater- s rate for- a 5/8 ineh motor (G) Eff-eetive April 1, 2011: c (751 of the „.mer- ,.f units) x M;.,;.,,,,.,...,, pW-A , waste:,, er- ser-viee rate for- a 8 ineh motor (751% of t1fle. X 1000 gallons number- of units) (f) Apartment complexes and mobile home parks with four (4) or more units shall be billed a minimum monthly water service rate for 75% of the number of units at the 5/8 -inch meter rate. Additional usage above and beyond the minimum usage will be billed based on rates set by this section. ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING CHAPTER 22, ARTICLE 22.02, DIVISION 1, SECTIONS 22.02.001(b) AND 22.02.001(d); AND, AMENDING SECTIONS 22.02.002(b), 22.02.002(d) AND 22.02.002(f) OF THE CODE OF ORDINANCES OF BEAUMONT, TEXAS RELATING TO WATER AND WASTEWATER SERVICE RATES; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL; AND PROVIDING A PENALTY. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. THAT Chapter 22, Article 22.02, Division 1, Section 22.02.001(b) of the Code of Ordinances of the City of Beaumont, be and the same is hereby amended to read as follows: (b) Senior citizens who comply with subsection (c) below will receive a discount equivalent to one thousand (1,000) gallons of water ($4.41). Section 2. THAT Chapter 22, Article 22.02, Division 1, Section 22.02.001(d) of the Code of Ordinances of the City of Beaumont, be and the same is hereby amended to read as follows: (d) Apartment complexes and mobile home parks with four (4) or more units shall be billed a minimum monthly water service rate for 75% of the number of units at the 5/8 - inch meter rate. Additional usage above and beyond the minimum usage will be billed based on rates set by this section. Section 3. THAT Chapter 22, Article 22.02, Division 1, Section 22.02.002(b) of the Code of Ordinances of the City of Beaumont, be and the same is hereby amended to read as follows: (b) Senior citizens who comply with subsection (c) below will receive a discount which is equivalent to one thousand (1,000) gallons of water. Section 4. THAT Chapter 22, Article 22.02, Division 1, Section 22.02.002(d) of the Code of Ordinances of the City of Beaumont, be and the same is hereby amended to read as follows: (d) Residential sewer charges shall be based on the average water bill invoiced for the month of November, December, January and February. The monthly individual sewer bill shall not exceed that average. Where no preceding November through February monthly average bill is available, water customer service will use an average bill based on six thousand (6,000) gallons per month at a 5/8 -inch meter rate as the cap. Section 5. THAT Chapter 22, Article 22.02, Division 1, Section 22.02.002(f) of the Code of Ordinances of the City of Beaumont, be and the same is hereby amended to read as follows: (f) Apartment complexes and mobile home parks with four (4) or more units shall be billed a minimum monthly water service rate for 75% of the number of units at the 5/8 - inch meter rate. Additional usage above and beyond the minimum usage will be billed based on rates set by this section. Section 6. 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. Corr+inn 7 That all ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only. Section 8. 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 or Ordinance of Beaumont, Texas. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 25th day of July, 2017. - Mayor Becky Ames -