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Home My WebLink AboutPACKET MAR 27 2018BEAUMONT TEXAS REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS MARCH 27, 2018 1:30 PM CONSENT AGENDA * Approval of minutes — March 20, 2018 * Confirmation of board and commission member appointments BEAUMONT TEXAS REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS MARCH 27, 2018 1:30 PM AGENDA CALL TO ORDER * Invocation Pledge Roll Call * Administration of the oath of office for the appointment of Bill Sam to Councilmember-at-large * Presentations and Recognition * Public Comment: Persons may speak on scheduled agenda items 5-7/Consent Agenda * Consent Agenda GENERAL BUSINESS 1. Consider a request for a Specific Use Permit to allow a Hertz Rental car office in a NC (Neighborhood Commercial) District located at 3390 Harrison Avenue 2. Consider a request for a Specific Use Permit to allow a home daycare in a GC - MD (General Commercial -Multiple Family Dwelling) District located at 2685 Louisiana Street Consider rezoning property located at the intersection of East Lucas Drive and Helbig Road to GC -MD -2 (General Commercial -Multiple Family Dwelling -2) 4. Consider rezoning the 1200 block of Gilbert Street from RCR (Residential Conservation Revitalization) to GC -MD (General Commercial -Multiple Family Dwelling) Consider a resolution authorizing the City Manager to execute Change Order No. 1, accept maintenance, and authorize a final payment for the South Major Drive Water and Sewer Relocation Project 6. Consider granting to Entergy Texas, Inc. the right, privilege and franchise to conduct within the City an electrical lighting and power business 7. Consider an ordinance adopting an Incremental Beaumont Franchise Fee Recovery Rider for Entergy Texas, Inc. Electric Service Schedule FFBE WORK SESSION * Review and discuss possible funding for the "buy-out," elevation and/or repair of homes damaged by Hurricane Harvey 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: Claim of Joshua Fontenot Claim of David Franklin, Jr. * Consider matters related to appointment, employment, evaluation, reassignment, duties, discipline or dismissal of a public officer or employee in accordance with Section 551.074 of the Government Code to wit: Magistrate position vacated by Jimmy Hamm Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact Kaltrina Minick at 880-3777. 1 March 27, 2018 Consider a request for a Specific Use Permit to allow a Hertz Rental car office in a NC (Neighborhood Commercial) District located at 3390 Harrison Avenue BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Chris Boone, Planning & Community Development Director MEETING DATE: March 27, 2018 REQUESTED ACTION: Council consider a request for a Specific Use Permit to allow a Hertz. Rental car office in a NC (Neighborhood Commercial District) located at 3390 Harrison Avenue. BACKGROUND Gerald W. Farha is requesting a Specific Use Permit to allow a Hertz Rental car office at 3390 Harrison Ave. This property is zoned NC (Neighborhood Commercial) and has an existing commercial structure located on the property. Hours of operation will be Monday thru Friday, 7a.m. - 6p.m. and Saturday 10a.m. - 2p.m. Two (2) to three (3) employees will be located in this office. In May of 1984, the property was rezoned from Multi -Family to NC (Neighborhood Commercial) with an SUP to allow an automobile leasing service. In June of 2012, a new SUP was approved for an SUP to allow an employment agency. City of Beaumont regulations state, 'A specific use permit that was issued, whether by city council or exempted by section 28.04.005(d)(2) of this chapter shall become null and void, if the land use it was issued for is closed or vacated for a period of two years or more or is changed to a substantially different use. Due to the new SUP to allow an employment agency in 2012, a new SUP is required. At a Joint Public Hearing held on March 19, 2018, the Planning Commission recommended 6:0 to approve a request for a Specific Use Permit to allow a Hertz Rental car office in a NC (Neighborhood Commercial District) located at 3390 Harrison Avenue with the following conditions: 1. No vehicles will be washed at this location. 2. All exterior lighting to be directional, so as to not affect adjacent streets or residentially zoned properties. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the ordinance with the following conditions: 1. No vehicles will be washed at this location. 2. All exterior lighting to be directional, so as to not affect adjacent streets or residentially_ zoned properties. SPECIFIC USE PERMIT APPLICATION BEAUMONT, TEXAS (Chapter 28, City Codes) TO: THE PLANNING COMMISSION AND CITY COUNCIL, CITY OF BEAUMONT, TEXAS APPLICANTS NAME: Gerald W. Farha APPLICANTS ADDRESS: 990 22nd Street Beaumont, TX 77706 APPLICANT409-781-3172 S PHONE #: FAX #: NA NAME OF PROPERTY OWNER: Gerald W. Farha ADDRESS OF PROPERTY OWNER: 3390 Harrison Beaumont TX 77706 LOCATION OF PROPERTY: Interstate 10 /Harrison/ Longfellow — `S'90 QU�—• LEGAL DESCRIPTION OF PROPERTY: LOT NO. BLOCK NO. ADDITION NUMBER OF ACRES OR TRACT e-2--5- PLAT .3SPLAT I C SURVEY A . W 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: Hertz Car Rental Location ZONE: % wG 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 %2 ACRE .................................................................$250.00 '/2 ACRE OR MORE AND LESS THAN 5 ACRES ...................$450.00' 5 ACRES OR MORE...................................................................$650.00 I, being the undersigned applicant, understand that all of the conditions, dimensions, building sizes, landscaping and parking areas depicted on the site plan shall be adhered to as amended and approved by City Council. SIGNATURE OF APPLICANT SIGNATURE OF PROPERTY :Z1z2.1 a PLEASE TYPE OR PRINT AND SUBMIT TO: CITY OF BEAUMONT PLANNING DIVISION 801 MAIN STREET, ROOM 201 BEAUMONT, TX 77701 FILE NUMBER: Z 3 P Phone - (409) 880-3764 Fax - (409) 880-3110 PLEASE MAKE NOTE ON REVERSE SIDE OF CONDITIONS TO BE MET REGARDING THE SITE PLAN AND LETTER OF PROPOSED USES AND ACTIVITIES. GWproperties Commercial / Industrial / Investment Real Estate February 21, 2018 City of Beaumont Planning Division 801 Main Street, Room 201 Beaumont, TX 77701 RE: Specific Use Permit Application / 3390 Harrison Dear Commission Members, and City Council: I am requesting a specific use permit for the above referenced 0.52 acre tract of land to allow a Hertz Car Rental Facility. The site has previously been allowed to have a convenience store, which sold beer and wine, a Merry Maids cleaning facility, an Enterprise Lease Car operation, and most recently Labor Finders, a Industrial employment placement agency. I feel that this will be a definite upgrade to the previous uses and make car rental,and drop off convenient to our neighborhood. I actually live within blocks and own an office building just down the street on Longfellow. This property has frontage and access on Interstate 10 and this specific use will not impede the normal and orderly development of surrounding property. The site has adequate utilities, access roads (three street frontage), and other supporting facilities to operate this compatible use. The design, location, land arrangement of driveways and parking places provides for the safe and convenient movement of vehicular and pedestrian traffic without adversely affecting the general public or adjacent development. I will be repaving and striping the entire site which will make the site much more appealing to the eye. Adequate nuisance prevention measures will be taken to prevent and control offensive odor, fumes, dust noise and vibration. Hertz runs a very clean operation. The lighting is very subtle and sufficient landscaping will be provided. I believe that this use will serve the neighborhood, which is my neighborhood and is in accordance with the Comprehensive Plan. Respectfully submitted, AO- Gerald W, Farhtx 1102 Longfellow Drive, Suite B Beaumont, Texas 77706 409-781-3172 gfarha@gt.rr.com ORDINANCE NO. ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A HERTZ RENTAL CAR OFFICE IN AN NC (NEIGHBORHOOD COMMERCIAL) DISTRICT AT 3390 HARRISON AVENUE IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS, Gerald W. Farha, on behalf of Hertz Rental, has applied for a specific use permit to allow a Hertz Rental Car office in an NC (Neighborhood Commercial) District at 3390 Harrison Avenue, being Plat D16, Tract 235 out of Tract 225, A. Williams Survey, Beaumont, Jefferson County, Texas, containing 0.52 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 Hertz Rental Car office in an NC (Neighborhood Commercial) District at 3390 Harrison Avenue, subject to the following conditions: r • No vehicles will be washed at this location. ; and, • All exterior lighting to be directional, so as to not affect adjacent street or residentially zoned properties. WHEREAS, the City Council is of the opinion that the issuance of such specific use permit to allow a Hertz Rental Car 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 Hertz Rental Car office in an NC (Neighborhood Commercial) District at 3390 Harrison Avenue, being Plat D16, Tract 235 out of Tract 225, A. Williams Survey, Beaumont, Jefferson County, Texas, containing 0.52 acres, more or less, as shown on Exhibit "A," is hereby granted to Hertz Rental, 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: • No vehicles will be washed at this location. • All exterior lighting to be directional, so as to not affect adjacent street or residentially zoned properties. 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. The meeting at which this ordinance was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 27th day of March, 2018. - Mayor Becky Ames - t li 3 v' '4 r 11 it am I i ii..� iti ir: �•' .'`•$ .{` ,?l :'a ;� my.; i � f. ��` �� ,i •,F¢;`r ^T :;' ,_ } t.� .N:,.,' -v `$. �i _ 'j � ;r'. `� moi'' {._ , s, TT ��y��'`.;{{r y`a,.1-rr,, ';f alrpf% �' i. Y i�'•>^=?i:' a.. �1[.. ;.�1.'E�i.�;. {. I`+` f�. '��'; .,:,7 .t .a{i;, �>rr.: ti G.Ta rr Y .� e.=H.�h -'lgT��,illf TZ . •�?�..i.^ ,5'- . 1; d;; `.,Y-` .. • ''i " ,.i �. 5 1 ¢ � ei •c�y�.�i� .� r �x� it u} —:'4�-'`~,,`�`�. _ :i,•�' '.;. if OR _ 'i. ;,+`.' �-��. t, �. ,�••.I� 1. �:�t�j `-Iin :: . =Y' : 1- - r-_'..'. J .4.-_ -�'v?r!'?^�'�"' 1 .'Y'�q�•.•,/'."� at •.•. ,ti., i e 1 � ,i'tf M AM OM e, rl`, J' Y. .- ;�, y. '•-° _ t.. `• ;,-. ;i .' .. y,i.. {C. •I p i 'yto�y �:=y; £'%:; �-�. '? rrl .;, f..� fi,��r} $ r.• 'x L'' �''x .;4. ,�, • }'• � ;4[ t.. ,, ! `ti ` ;'. � •h -r'�., ... � per' yn• :�r`�'r' �.; - ' I �F, . ,�e� I r SCALE 1 "= 40' O LONGFELLOW DRIVE (60.00' R, 0. W.) N 00'57'12" W 159.70' N 00'57'12" W 56.72' DUMPSTER ,'o 18.00' to 739sq. ft. p h N pl I i 20.00' tl 27.5' _ '� h b I 4i C, 81' izs n P w O r Z hl t }�� ZGiVINC NC ((NSGHBORHOW COMMERO'AL) MIN1MlUL1 LOtSE 7,50Osq:fL MINIMUM LOT iMD7H 75fL kflMWM LOT DEPTH 100ft. 20' FRONT BUILDING SE7BAcK 15' REAR SEBACK 5' IN7FRlOR BL9LA'NG SE7PACK (ABUT7)NG =NRESIDE MAL OIS'7MC7) 35' MAX BUILDING HE7GHT 0.512 ACRES, T.H. LEWIS LEAGUE, ABSTRACT N0. 161 CLERKS FILE # 2008004301 OF THE JEFFERSON COUNTY REAL PROPERTY RECORDS, JEFFERSON COUNTY, TEXAS. S 01'13'00" E 158.30' L �_S. 0173'00" E 57.36' INTERSTA TE 10 H a Lu N Z PARKING SUMMARY PARKING GROUP 13 1 SPACE FOR EACH 2O0SQ.FT OF GROSS FLOOR AREA 4, 48=..F7 22 TOTAL SPACES REOUIRED 23 SPACES PROVIDED 1 ADA SPACES REOUIRED 2 ADA SPACES PROVIDED I ' C5p""-'N—EERING AND SURVEYING, INC, 2525 CALDER STREET ■ BEAUMONT, TE%AS,77702 (409) 813-3410 ■ FAX (409) 813-3484 ME m W 2 March 27, 2018 Consider a request for a Specific Use Permit to allow a home daycare in a GC -MD (General Commercial -Multiple Family Dwelling) District located at 2685 Louisiana Street BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager CS r5 PREPARED BY: Chris Boone, Planning & Community Development Director MEETING DATE: March 27, 2018 REQUESTED ACTION: Council consider a request for a Specific Use Permit to allow a home daycare in a GC -MD (General Commercial -Multiple Family Dwelling) District located at 2685 Louisiana Street. BACKGROUND Alexis Worthy submitted a request for a home daycare to be located in her home at 2685 Louisiana Street. Ms. Worthy states that she will keep 12 children between the hours of 5:30 a.m. and 9:00 p.m. She will provide three meals and an afternoon snack for the children. At a Joint Public Hearing held on March 19, 2018, the Planning Commission recommended 5:1 to approve a request for a request for a Specific Use Permit to allow a home daycare in a GC -MD (General Commercial -Multiple Family Dwelling) District located at 2685 Louisiana Street with the following conditions: 1. In the event of cooking for the students, contact the City of Beaumont Quality Control Division at 409-785-3012 regarding any additional water quality and/or sanitary sewer discharge requirements. 2. Care may only be provided for children under the age of 14. 3. Health inspections are required for any food storage, preparation and serving. 4. Provide five (5) parking spaces, ADA parking and accessible route to building. ADA Accessible parking space must be eleven (11) feet wide with five (5) foot, striped accessible aisle. 5. Occupancy to be rated as R3 per Beaumont Fire Department. Follow 2015 IFC and local amendments for code requirements. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the ordinance with the following conditions: 1. In the event of cooking for the students, contact the City of Beaumont Quality Control Division at 409-785-3012 regarding any additional water quality and/or sanitary sewer discharge requirements. 2. Care may only be provided for children under the age of 14. 3. Health inspections are required for any food storage, preparation and serving. 4. Provide five (5) parking spaces, ADA parking and accessible route to building. ADA Accessible parking space must be eleven (11) feet wide with five (5) foot, striped accessible aisle. 5. Occupancy to be rated as R3 per Beaumont Fire Department. Follow 2015 IFC and local amendments for code requirements. f j . SPECIFIC USE PERMIT APPLICATION j - BEAUMONT, TEXAS �... (Chapter 28, City Codes) j - mO . TM3 PLANNINGqNsffSSIQN AND CITY COUNCIL, CITY OF BEAUMONT, TEXAS •APPLICANTS NAME I APPLICANTS ADDRESS.�17; f a APPLICANTS PHONE _ e NAME OF PROPERTY ADDRESS OF PROPERTY OWNER: f , LOCA.TION OF PROPERTY: Wil': � � (At Si CAA � r LEGAL, DESCRIPTIOX OF PROPERTY: LOTNO. .1l /. OR TRACT • BLOCKNO. PLAT E ADDITION © S SURVEY ++{ NUMBER OF ACRES. - �! � NUMBER OF ACRES C Forpi pperties pot it. recorded subdivision, submit a"copy of a current surveyor plat showing the properties proposed for a specific use �ppixffi4,apd' a com lite le al field note description. l_ PROPOSED USE. f/'�e-eG�1 �'l i ZONE: ATTACH A LETTER describing all processes and activities involved with the proposed uses. f� ATTACH A SITE PLAN drawn to scale with the information listed on the top back side of this sheet ATTACH A: REDUCED. 8'/s" X 11" PHOTOCOPY OF THE SITE PLAN. I _ , f THE'EIGHT•CONpITIONS listed on the backside ofthis sheet must be met before City Council can grant a specific use permit P7 •F.A.SE I. ADDRESS EA:CH,CQNDITION IN DETAIL. ATTACH THE APPROPRIATE APPLICATION FEE: 1 SS THAN,'/i ACRE ..:............... ...........................$250.00 { ACRE OR MORE AND LESS THAN 3 ACRES...................$450.00 5 ACRES ORMORE...:...........::....:...........................:.................$650.00 , I Hein the undersi ed',a applicant understand that all of the conditions dimensions, building sizes, landscaping and anon areas depicted on the � g. - �.� PP f; . g P g parking P ! site plan shall be adhered to w amende . an approved by City C incil: SIGNATURE OF APPLICANT:. DATE: Ile SIGNATURE OF PROPERTY OWNER ti , DATE• 2 PLEASE. TYPE OR I'i 1N - AND SUBMIT TO: CITY OF BEAUMONT PLANNING DIVISION { 801 MAIN STREET, ROOM 201 i' FILE'NUMBER _ i��z .F BEAUMONT, TX 77701 Phone , (409) 880-3764 Fax -'(409) 880-3110 PLEASE MARE NO'T.EON REVERSE SIDE OF CONDITIONS TO BE MET REGARDING THE SITE PLAN AND LETTER OF PROPOSED USES AND ACTIVITIES. f To Whom It May Concern: This request is being made to use my home located at 2685 Louisiana ST., Beaumont, TX 77702 and its attached lot, as a Registered Childcare Home. With this Specific Use Permit, A helper and I will provide care for 12 children for the following days and times: Monday -Friday 5:30 am —9:00 pm. Children will be cared for in the same manner as if they were attending a large childcare center. I will provide these children with breakfast, lunch, pm snack, and dinner. They will also have morning and evening learning times, free play in centers and morning and evening outdoor playtimes. I have converted the front two rooms of my home into the children's learning and rest areas. The very first room which would normally be used as a living room is equipped with child sized furniture and learning materials placed in different centers for the children to learn through play. The second room which would normally be the formal dining room has been set up as the nap/ changing room. This room has a changing table along with an odor blocking diaper pail and portable handwashing sink. There is also a large rocking recliner to soothe cranky babies and/ or provide a comfortable place for mothers who decide to breastfeed to do so. It also has cribs for younger children and cots for the older children to rest on during resting times. These are the main two areas inside the house that children will have access too. Older children that are potty trained will also have supervised access to the restroom. No children will have access to the kitchen (except in the event of an emergency and the second exit has to be used), or bedrooms of the home. The home has a fenced back yard that contains a detached 2 car garage. This yard or garage will not be used for the childcare at all. It will only be used for private purposes. The property also has an attached fenced in empty lot that faces 11 St. This lot will serve two. purposes. The first is parking and the second is an outdoor play area for the children. During the hours 5:30-10:00 am and 5:00- 9:30 pm the gate to the lot will be opened. This will give the parents a place to park and load/unload their children and their belongings without blocking neighbor's driveways or having to do this on the busy street with cars passing. Parents will be aware that the cut off time to bring children is 10:00 am and no children will be allowed care that day if arriving after 10:00 am unless they have a Doctor's excuse. During the time of 10:00 am - 5:00 pm the gate will be closed and locked. Between these times is when the children will have their outdoor play times. Children will always be supervised while on the playground. Because this lot faces 11th street, the noise of the children playing should not be bothersome to neighbors. Since there is no heavy come and go traffic during the hours of 10:00 am and 5:00 pm, if there are any visitors during this time, my driveway should be adequate parking for anyone dropping in for a moment. Your consideration in granting this permit is greatly appreciated by both myself and the parents that will be depending on me to care for their children. Sincerely, Alexis L. Worthy • That the specific use will be compatible with and not injurious to the use and enjoyment of other property, nor significantly diminish or impair property values within the immediate vicinity; o Because we have the vacant lot that faces 11th St all in and out traffic will use that entrance this will make sure our business is and not injurious to the use and enjoyment of other property, nor significantly diminish or impair property values within the immediate vicinity. • That the establishment of the specific use will not impede the normal and orderly development and improvement of surrounding vacant property; o There is no surrounding vacant property to impede the normal and orderly development and improvement • That adequate utilities, access roads, drainage and other necessary supporting facilities have been or will be provided; o All utilities, access roads, drainage and other necessary supporting facilities were already in place and nothing additional is required. • The design, location and arrangement of all driveways and parking spaces provides for the safe and convenient movement of vehicular and pedestrian traffic without adversely affecting the general public or adjacent development; o Th empty lot will be used for the driveway and parking spaces to provide for the safe and convenient movement of vehicular and pedestrian traffic without adversely affecting the general public or adjacent development; • That adequate nuisance prevention measures have been or will be taken to prevent or control offensive odor, fumes, dust, noise and vibration; o There are no offensive odor, fumes, dust, noise and vibrations that come with childcare. • That directional lighting will be provided so as not to disturb or adversely affect neighboring properties; o There will be no directional lighting • That there are sufficient landscaping and screening to insure harmony and compatibility with adjacent property; and o The wooden fence between the vacant lot and the house should insure harmony and compatibility with adjacent property 0 That the proposed use is in accordance with the Comprehensive Plan. cm Slog LO �" , .nom : M�� ,•� �,o,�:^?t�-15if3�r.�,.+�...�: .>M�.^kn� Loa- ✓OV75f2gy sr Lo Q►}} gates �� 9 � ax•E `� . sn m.nqq 'Vas�'u mti edlfsgCncy -Qao iTaal+ctM3 mat,. lYex FeuE w e Fxn\o oQtn i bck' I top+ ORDINANCE NO. ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A HOME DAYCARE IN A GC - MD (GENERAL COMMERCIAL -MULTIPLE FAMILY DWELLING) DISTRICT AT 2685 LOUISIANA STREET IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS, Alexis Worthy has applied for a specific use permit to allow a home daycare in a GC -MD (General Commercial -Multiple Family Dwelling) District at 2685 Louisiana Street, being Lots 10 & 11, Block 1, Idylwood Estates, Beaumont, Jefferson County, Texas, containing 0.224 acres, more or less, as shown on Exhibit "A," attached hereto; and, WHEREAS, the Planning and Zoning Commission of the City of Beaumont considered the request and is recommending approval of a specific use permit to allow a home daycare in a GC -MD (General Commercial -Multiple Family Dwelling) District at 2685 Louisiana Street, subject to the following conditions: • In the event of cooking for the students, contact the City of Beaumont Quality Control Division at 409-785-3012 regarding any additional water quality and/or sanitary sewer discharge requirements. • Care may only be provided for children under the age of 14. • Health inspections are required for any food storage, preparation and serving. • Provide five (5) parking spaces, ADA parking and accessible route to building. ADA Accessible parking space must be eleven (11) feet wide with five (5) foot, striped accessible aisle. • Occupancy to be rated as R3 per Beaumont Fire Department. Follow 2015 IFC and local amendments for code requirements. ; and, WHEREAS, the City Council is of the opinion that the issuance of such specific use permit to allow a home daycare is in the best interest of the City of Beaumont and its citizens; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this ordinance are hereby, in all things, approved and adopted; and, Section 1. That a specific use permit to allow a home daycare in a GC -MD (General Commercial -Multiple Family Dwelling) District at 2685 Louisiana Street, being Lots 10 & 11, Block 1, Idylwod Estates, Beaumont, Jefferson County, Texas, containing 0.224 acres, more or less, as shown on Exhibit "A," is hereby granted to Alexis Worthy, her legal representatives, successors and assigns, as shown on Exhibit "B," attached hereto and made a part hereof for all purposes, subject to the following conditions: • In the event of cooking for the students, contact the City of Beaumont Quality Control Division at 409-785-3012 regarding any additional water quality and/or sanitary sewer discharge requirements. • Care may only be provided for children under the age of 14. • Health inspections are required for any food storage, preparation and serving. • Provide five (5) parking spaces, ADA parking and accessible route to building. ADA Accessible parking space must be eleven (11) feet wide with five (5) foot, striped accessible aisle. • Occupancy to be rated as R3 per Beaumont Fire Department. Follow 2015 IFC and local amendments for code 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. The meeting at which this ordinance was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 27th day of March, 2018. - Mayor Becky Ames - F 11 f -, - , I , , Id "41 - �JN' T- WN kal L L r V v �71MN ffy:s V -,T�W,\) 4'*- 0. 14 j F iT 45- V.- A NJI IY Pr MI. -Lim L. ..... T. lift om --y' N t I ug� U 43 Im Li --------- DocuSign Envelope ID: 9CE7E1 F4-FEF6-4886-9419-16D8F9376A13 —£'-- -- £LSCTRlC LINE '��, CONCRETE SURfi1-Ca' . ' ... _ Q:�C AIR. CONDlTR)NlNC UNIT = .•— _,_, ; uDOD"PENCE '-=-PL—=PL-- PlIPELINB' �� COMMA'?-,Ar�7pgR l.'OLb` 9°P. —��- C!lAIN MJVZ FElICB --T—r— TEUPHDNE UAW RO& trR $RAVEL �' 5TREs)WQHT —)r-- BARRED rflRE FEN( CLIENT. -ANMALY ARCELUA 0 AND D NA DILI'nN AR4.HIR,D CF•,$: 200120860D -F"Y LOT 14 LOT 13 LOT 1,2 F IRON z a �" 89'69 I2" 142 04r FOUND RL'• (CALLED d'�E'S : l J2. i3'J IRON ROI) 2 .. .. bN SGAD ' - s Urlurr rascXEA•r _LOT 1 O 4 VOL. 785. PAC -C,514 JCM ,I \11 I .•;'GONG •,: ^ �^..."". QYERN£AD *-L` i ' � EdEC'lRlC c0 r LOT 9 -ca O ONE STORY :LOT I 1 - k NOOD n o �SlD6NCE •�.a� t)1V PIERS to It r. ,e.sa o $ rc4 d A _ — CONC F CE S7 .� 1V 891010511 .-Z 141.77' �FOf)ND .Jl2" 7N CONC (CALLED EAST rdd.3¢'J _' IRb)L PIPs .�°!!SLo 2685 L0U11SL4NA STREET {ga°s ' 2aaJ p, n lam' D&3cRl oA of mv)css LOCATT,, C RN R .A b ROV, IENTS SURVEYDR'£ C6`RTIFICAM0H: �— I do Hereby corlijy, to the b'asl 'qf my L-npiuledge " tiel4gf that this is an' accuralo pig( of a survey made an the ground, under any ,superutsion shbuiinq all ialtprovenwnts and ,any vi,sil,lo encrga0 tnenls, as of DEC. S. 2001 The above traal' bring taaated at 2685 aVL21A�A S'T'I2PET ` G&W BdONTZ XAS ' 7?'70.2 and bain g desciib4d as 1.07:5 1D. AND 11 I1,1 f3f.D�.'K_j,_OL iDY! IM&D RST4 �S as draarded in Volume Paye 100" of the MAP Iiocords of dF,FFSRSCIN County, Taxas. In accordance with the Flood Imsurance RaLd' Atup of M.9 Federal Emeigeircy: gement 4yetWS map referenCt shat" the subjecl. tract lies ih MA. flood zone noied..Looat'' on•¢nap:Vu *. del" . d by Sc llclaial'iletd ,alev&c delan, ined ' - un.icss-'tegvesta3.fA{JST 8ngtryreting,,�ia,ii�¢yinq,- Ing,' _e4 �t "L?a7'c �,t ce_ri6e' t •vkc+5�' 'or soale of said maP• - . " a w - - caonr Foucrrcr pars„„-r� l gIOH1K731J F: FAUSP ' I :GIS"I FRED PROFSSIf3NAL LAND SURVEYOR. NO. 4762 GNCROAC%M- Nr NdM Rats:. 2001 1. PID7CE OVEfi1AP3 /{) 5: UTIUTP MEMT' Census” Tract: 1,! 2 WOOD CAIACI.' 09ER1110"TFIE W UTIUMESSS MT Q ' FVIA Road Zona: _G . P �rF��o .2.....:... •::i,I�HAi�D L'otniriwrtily Papal 1J0.: a � FA}1ST`• ' :`r,�•,";�o q7$z' :4$13457-0.035 pjzp lj Ddtc: 1214/84 F't8ld 8oalc Na. 01 17 WGINEERINOT -ANR"' UI2VEYINU', INC, a ��u�'�jV�•� 2525 Calder 'Sheaf .P**e3 t Na 0104=345 f4 EXHIBIT "B" 484 k March 27, 2018 Consider rezoning property located at the intersection of East Lucas Drive and Helbig Road to GC -MD -2 (General Commercial -Multiple Family Dwelling -2) BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Chris Boone, Planning & Community Development Director MEETING DATE: March 27, 2018 REQUESTED ACTION: Council consider rezoning property located at the intersection of East Lucas Drive and Helbig Road to GC -MD -2 (General Commercial -Multiple Family Dwelling -2). BACKGROUND In July of 2017, Eco -Site applied to rezone the property at 5250 Helbig from NC (Neighborhood Commercial) to GC -MD (General Commercial - Multiple Family Dwelling). Staff recommended denial due to the concern that rezoning this small area to GC -MD could constitute "Spot Zoning." The Planning Commission voted 5:3 to deny the request. At the September meeting of City Council, approval of the ordinance was unanimously denied. In October Eco -Site requested reconsideration for rezoning, but withdrew the request. Staff suggested seeking approval from neighbors to the south and resubmitting a request for rezoning a larger area, adjacent to existing GC -MD zoning. Staff chose, instead, to conduct a rezoning study to determine what should be rezoned. Eco -Site has provided information from the apartment complex to be rezoned stating that they are in favor of the request. At a Joint Public Hearing held on March 19, 2018, the Planning Commission recommended 6:0 to rezone the study area, consisting of property located at the intersection of East Lucas Drive and Helbig Road, to GC -MD -2 (General Commercial - Multiple Family Dwelling - 2). FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the ordinance. Ll NC NSC �'� s,��fr _• �' �' El op O PD 0 PUD %g , - GC�MD R -s J r RCR RCR-H RM-H)This I map has been produced from various sources. Every effort has RM -M+ - _ _ - been made to ensure the accuracy of this map, however, the City of Beaumont assumes no liabllity or damages due to errors or omisslons.. rm Ali Of @Ful ��: , + ��.�!ry. -,fit. :,.� � _ :•.� /�� . . _. ;•.,` t ,; _` . 4' , ` � Mfr. 'a•� �; _...c oV. . ti �'• � ��+r 4 - ,. '-- ��//,4� a 'A`A�y� ..� _ u:.1 - LL Loam a -171 � ► 11a :i 4� %• 'f�.=, '� 11 i . fir` • � � ` ` _ ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING CHAPTER 28 OF THE CODE OF ORDINANCES OF BEAUMONT, TEXAS, AND IN PARTICULAR THE BOUNDARIES OF THE ZONING DISTRICTS, AS INDICATED UPON THE ZONING MAP OF BEAUMONT, TEXAS, BY CHANGING THE ZONING OF PROPERTY PRESENTLY ZONED NC (NEIGHBORHOOD COMMERCIAL) TO GC -MD -2 GENERAL COMMERCIAL-MUTIPLE FAMILY DWELLING - 2) DISTRICT FOR PROPERTY LOCATED AT THE INTERSECTION OF EAST LUCAS DRIVE AND HELBIG ROAD, BEAUMONT, JEFFERSON COUNTY, TEXAS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That Chapter 28 of the Code of Ordinances of Beaumont, Texas, and in particular the boundaries of the zoning districts, as indicated upon the Zoning Map of the City of Beaumont, referred to in Section 28.01.005(b) thereof, is hereby amended by changing the zoning of property presently zoned NC (Neighborhood Commercial) District to GC -MD -2 (General Commercial -Multiple Family Dwelling -2) District for property located at the intersection of East Lucas Drive and Helbig Road, being Plat D- 18, Tracts 8, 8A, 813, 53 and 53A, A. Williams Survey, Plat D-21, part of Tract 85, Tracts 85A and 85B, F. Bigner Survey, Beaumont, Jefferson County, Texas, containing 23.00 acres, more or less, as shown on Exhibit "A," attached hereto, and the official zoning map of the City of Beaumont is hereby amended to reflect such changes. Section 2. That, in all other respects, the use of the property herein above described shall be subject to all of the applicable regulations of the underlying zoning district as well as those regulations contained in Chapter 28 of the Code of Ordinances of Beaumont, Texas, as amended. Section 3. That if any section, subsection, sentence, clause of phrase of this ordinance, or the application of same to a particular set of persons or circumstances, should for any reason be held to be invalid, such invalidity shall not affect the remaining portions of this ordinance, and to such end, the various portions and provisions of this ordinance are declared to be severable. Section 4. That all ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only. Section 5. That any person who violates any provision of this ordinance shall, upon conviction, be punished, as provided in Section 1.01.009 of the Code of Ordinances of Beaumont, Texas. The meeting at which this ordinance was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 27th day of March, 2018. - Mayor Becky Ames - No Text ru 1 1 March 27, 2018 Consider rezoning the 1200 block of Gilbert Street from RCR (Residential Conservation Revitalization) to GC -MD (General Commercial -Multiple Family Dwelling) BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY:, Chris Boone, Planning & Community Development Director MEETING DATE: March 27, 2018 REQUESTED ACTION: Council consider rezoning the 1200 block of Gilbert Street from RCR (Residential Conservation Revitalization) to GC -MD (General Commercial -Multiple Family Dwelling). BACKGROUND A recent request for a Certificate of Occupancy for the east corner of Gilbert Street and Orange Avenue could not be approved. The current zoning of the property is RCR (Residential Conservation Revitalization). The request was for a contractor's office with no outside storage. This use is not permitted in RCR zoning with an SUP, therefore the only option is for rezoning. The property along College Street is zoned GC -MD (General Commercial - Multiple Family Dwelling). The structure at the corner of Gilbert Street and Orange Street was a less intensive commercial use and cannot be considered grandfathered for a contractor's office with indoor storage. As this property is one block away from College Street, and faces Martin Luther King Parkway, city staff sees the potential need to rezone several properties through a rezoning study. The building was constructed for commercial use prior to 1981. At a Joint Public Hearing held on March 19, 2018, the Planning Commission recommended 6:0 to rezone the 1200 block of Gilbert Street to GC -MD (General Commercial - Multiple Family Dwelling). FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the ordinance. No Text 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 RCR (RESIDENTIAL CONSERVATION REVITALIZATION) DISTRICT TO GC -MD (GENERAL COMMERCIAL - MULTIPLE FAMILY DWELLING) DISTRICT FOR PROPERTY LOCATED AT THE 1200 BLOCK OF GILBERT STREET, BEAUMONT, JEFFERSON COUNTY, TEXAS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That Chapter 28 of the Code of Ordinances of Beaumont, Texas, and in particular the boundaries of the zoning districts, as indicated upon the Zoning Map of the City of Beaumont, referred to in Section 28.01.005(b) thereof, is hereby amended by i changing the zoning of property presently zoned RCR (Residential Conservation Revitalization) District to GC -MD (General Commercial -Multiple Family Dwelling) District for property located at the 1200 Block of Gilbert Street, being Lots 52-54 & Lots 58-60, Block 5 and Lots 61-62 & Lots 67 and the north 45' of Lot 68, Block 6, Crary Addition, Beaumont, Jefferson County, Texas, containing 1.704 acres, more or less, as shown on Exhibit 'A," attached hereto, and the official zoning map of the City of Beaumont is hereby amended to reflect such changes. Section 2. That, in all other respects, the use of the property herein above described shall be subject to all of the applicable regulations of the underlying zoning district as well as those regulations contained in Chapter 28 of the Code of Ordinances of Beaumont, Texas, as amended. Section 3. That if any section, subsection, sentence, clause of phrase of this ordinance, or the application of same to a particular set of persons or circumstances, should for any reason be held to be invalid, such invalidity shall not affect the remaining portions of this ordinance, and to such end, the various portions and provisions of this ordinance are declared to be severable. Section 4. That all ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only. Section 5. That any person who violates any provision of this ordinance shall, upon conviction, be punished, as provided in Section 1.01.009 of the Code of Ordinances of Beaumont, Texas. The meeting at which this ordinance was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 27th day of March, 2018. - Mayor Becky Ames - 0 0 0 0'�\/ IF.•. File 2329-Z: A rezoning study of the 1200 block of Gilbert Street 0. I � \ Applicant:of Beaumont Planning. Division I • • block of •' .•\ lif / • '` '�4 r:Y X. L'� ��y'C• � �f �:•.� r.' .'1`. .,,/ `' -� ! •' O - / /„'/ may. 4. {Ir,�/ / .. `\ � .�/Q "•��' '\ �A! •.�`' // �/' SO � �/ mss} ,O / J : /YW /{. .- ON. City Lh Zoning ZONE I . = C-M'lv �.' 1� Sw ' t\._ .`\ J .f /irJ� �/:ti., _ /Z(. f` •.1 '/ . CBD f: G4HI 4j✓ LI r1_7 NG wpm HNSC Cw MOP MPD M PUD RCR F] RCR r 'Y •-. .. ��, ��"�'• ai 1� 5 March 27, 2018 Consider a resolution authorizing the City Manager to execute Change Order No. 1, accept maintenance, and authorize a final payment for the South Major Drive Water and Sewer Relocation Project BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Dr. Joseph Majdalani, P.E., Public Works Director ��/ MEETING DATE: March 27, 2018 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to execute Change Order No. 1, accept maintenance, and authorize a final payment for the South Major Drive Water and Sewer Relocation Project. BACKGROUND On March 21, 2017, by Resolution 17-052, City Council awarded a contract to Brystar Contracting, Inc., of Beaumont, Texas in the amount of $474,306.00 for the South Major Drive Water and Sewer Relocation Project. Change Order No. 1, in the amount of ($49,689.60), is required to adjust the estimated quantities in the contract to reflect the actual quantities used in the completion of the project. The adjustment in quantities will result in a final contract amount of $424,616.40. The project has been inspected by the Water Utilities Department and found to be complete in accordance with the provisions and terms set forth in the contract. Acceptance of maintenance and final payment in the amount of $21,145.32 is recommended. FUNDING SOURCE Capital Program. . RECOMMENDATION Approval of resolution. RESOLUTION NO. 17-052 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Council hereby approves the award of a contract to Brystar Contracting, Inc., of Beaumont, Texas, in the amount of $474,306.00 to furnish all labor, materials, and equipment for the South Major Drive Water and Sewer Relocation Project; and, BE IT FURTHER RESOLVED THAT the City Manager be and he is hereby authorized to execute a Contract with Brystar Contracting, Inc., of Beaumont, Texas, for the purposes described herein. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 21st day of March, 2017. w �% - yor Becky Atnes - oftysr4o CONTRACTING, INC, 8385 Chemical Road • Beaumont, Texas 77705 • (409) 842-6768 CONTRACTOR'S AFFIDAVIT OF PAYMENT OF DEBTS AND CLAIMS PROJECT: South Maior Dr. Water & Sewer Relocation PROJECT NUMBER: OWNER: City of Beaumont CONTRACTOR: Brystar Contracting, Inc. 2018185 ENGINEER: City .of Beaumont The Contractor, in accordance with the Contract Documents, hereby certifies that, except as listed below, all obligations for all materials and equipment furnished, for all work labor, and services performed, and for all known indebtedness and claims against the Contractor for damages arising in any manner in connection with the performance of the Contract referenced above for which the Owner or his property might in any way be held responsible have been paid in full or have otherwise been satisfied in full. EXCEPTIONS: None CONTRACTOR: Brystar Contracting, Inc. BY: Brent Simmons Signature: TITLE Vice President Subscribed andswo to before me this �q day of 1' l CC r C�Y 120 NotaryPublic: t' alrvxP SUZANNE HOLUBECK My Commission Expires: /U ID#3153072 0JtySrA4,0 CONTRACTING, INC. 8385 Chemical Road - Beaumont, Texas 77705 - (409) 842-6768 CONTRACTOR'S AFFIDAVIT OF RELEASE OF LIENS PROJECT: South Major Dr. Water & Sewer Relocation PROJECT NUMBER: OWNER: City of Beaumont CONTRACTOR: Brystar Contracting, Inc. 2017185 ENGINEER: City of Beaumont The Contractor, in accordance with the Contract Documents, and in consideration for the full and final payment to the Contractor for all services in connection with the project does hereby waive and release any and all liens, or any and all claims to liens which the Contractor may have on or affecting the project as a result of its contract(s) for the Project or for performing labor and/or furnishing materials in anyway connected with the construction of any aspect of the project The Contractor further certifies and warrants that all subcontractors of labor and/or materials for the Project, except as listed below, have been paid in full for all labor and/or materials supplied to, for, through or at the direct orindirect request of the Contractor prior to, through and including the date of this affidavit. EXCEPTIONS: None CONTRACTOR: Brystar Contracting, Inc. BY: TITLE: Vice President Subscribed and sworn to before me this 14 day of Mar ch 20 /5. Notary Public: C(dN/V-4-201aq SUZANNE HOWBECK ID #3153072 My Commission Expires: l O ., My commission Expires October 26, 2021 APPROVAL OF CONTRACT CHANGE CHANGE ORDER No. One (1) March 6, 2018 Page 1 of 1 PROJECT: City of Beaumont, Texas South Major Drive and Sewer Relocation OWNER: City of Beaumont, Texas 801 Main Street Beaumont, Texas 77704 CONTRACTOR: Brystar Contracting, Inc. 8385 Chemical Road Beaumont, Texas 77705 TO THE OWNER: Approval of the following contract change is requested. Reason for Change: To adjust the contract time to provide for weather and utility contractor delays during construction, and to adjust the existing bid item quantities of the project. ORIGINAL CONTRACT AMOUNT: $ 474,306.00 THIS CHANGE ORDER Item No. pem�dption: Unit Price Quantity _ Net Change DZ Alt 605-002 18' x 1/4" Steel Casing S110.00/1 -F. 38.00 S 4,180.00 801.003 Furnish & Install - 8' MJ 90" Bend $320.00 / EA. 1.00 $ 320.00 801.004 Hanish & Install - 8' MJ 45' Bend 5300.00 / EA 1.00 $ 300.00 2505-001 Furnish & Install -1" Legg Side Service Compaction $920.00/FA - 1.00 $ 820.00 708.003 Remove or Abandon Exist. SSMH In Place $900.00 / EA 1.00 $ 900.00 702-003 12" HDPE DR -17 Sanitary Sewer by Direct Bore Methods S105.00/1 -F. 163.00 S 17,115.00 DELETE 605-001 14" x 1/4" Steel Casing 595.00 / L.F. (43.00) S (4,085.00) 808-001 Furnish & Install Fire Hydrant Assembly $4,900.00 / EA (1.00) $ (4,900.00) 808-002 Remove & Salvage Fire Hydrant Assembly $500.00 / EA (1.00) S (500.00) 811-001 Furnish & Install 8" Gate Valve 51,300.00 / EA (1.00) S (1,300.00) 801-005 Furnish & Install - 6' MJ 45' Bend $260.00 / EA (3.00) S (780.00) 801-007 Furnish & Install - 6' x 2" MJ Tap Cap $200.00 / EA (1.00) S (200.00) 801-008 Furnish & Install - 8' Solid Sleeve $270.00 / EA (4.00) S (1,080.00) 801-009 Furnish & Install - 6" Solid Sleeve 5220.00 / EA (5.00) S (1,100.00) 801-010 Finnish & Install 2 -Inch Temp. Flushom 5400.00 / EA (1.00) S (400.00) 2505-M Furnish & Install -1" Short Side Service Connection $520.00 / EA (3.00) S (1,560.00) 2505.003 Furnish & Install - 2' Lang Side Service Connection $1,140.00 / EA (2.00) S (2,880.00) 2505-004 Furnish & Install - 2" Short Side Service Connection $1,000.00 / EA (3.00) S (3,000.00) 2505-005 Furnish & Install - Meta Boxes & Electronic Reader $400.00 / EA (7.00) S (2,800.00) 2317-001 Furnish & Install - Cement Stabilized Backer $30.00/C.Y. (222.54) S (6,67620) 340-004 Furnish & Install - Asphalt Pavement Replacement S40.00/S.Y. (240.56) S (9,622.40) 530-001 Famish & Install - Concrete Pavement Replacement S120.00/S.Y. (38.00) S (4,560.00) 708-002 Remove & Replace Existing Sanitary Sewer Manholes $4,800.00/EA. (1.00) $ (4,800.00) 702-002 12" PVC Sanitary Sewer line by Open Trench $87.00/L.F. (163.00) S (14,181.00) 2534-001 Replacement of Exist Long Side Service Cormectiore S1,300.00/EA. (6.00) S (7,800.00) 2534.002 Replacemwt of Exist Short Side Service Corrections $1,100.00/EA (1.00) $ (1,100.00) TOTAL AMOUNT OF THIS CHANGE ORDER: $ (49,689.60) TOTAL REVISED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER S 424,616.40 CONTRACT TIME Original Contract Time- 120 Calendar Days Additional Time Requested: 49 Calendar Days Revised Contract Time per this Change Order: 169 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." Recommended by: A /AL ofB nt Public or Director Date: 3 ?/ Approved by: Cityof Beaumont Owner Ac ted by: Brystar Contracting, lac. Contractor Date: k""Ck (a r 219 /9 CITY OF BEAUMONT, TX SOUTH MAJOR DRIVE WATER AND SEWER RELOCATION BID NO. WU0117-04 FINAL PAYMENT No. CONTRACT TIME BEGAN: July 10, 2017 CALENDAR DAYS ALLOWED: CALENDAR DAYS USED: CALENDAR DAYS OVER: r'" -n nrAnr Summnry Approvdd.Chame.Orders The undersigned Contractor certifies that to the best of its knowledge: Number Additions Deductions 1 $ 23.63500 $ 73.324.60 (2) title of all Work, materials and equipment incorporated in said Work or otherwise listed in or covered by this Progress Payment will pass to Owner at time of payment free and Gear of all Liens, security interests and encumbrances (except such as are covered by a Bond acceptable to Owner indemnifying Owner against any such Liens, security interest or encumbrances); and (3) all Work covered by this Final Payment is in accordance with the Contract Documents and is not defective C ctor i nature TOTALS 5 NET CHANGE BY CHANGE ORDERS 23,635.00 S 73,324 60 $ (49,689.60) Contractor's Certifica6on The undersigned Contractor certifies that to the best of its knowledge: (1) all previous progress payments received from Owner on account of Work done under the Contract have been applied on account to discharge Contractors legibmate'obligations incurred in connection with Work covered by prior Progress Payments, (2) title of all Work, materials and equipment incorporated in said Work or otherwise listed in or covered by this Progress Payment will pass to Owner at time of payment free and Gear of all Liens, security interests and encumbrances (except such as are covered by a Bond acceptable to Owner indemnifying Owner against any such Liens, security interest or encumbrances); and (3) all Work covered by this Final Payment is in accordance with the Contract Documents and is not defective C ctor i nature Date 6X5 Tllle v. lam Contracto�- BRYSTAR CONTRACTORS, INC. DATE I January 31, 2018 ORIGINAL CONTRACT AMOUNT CONTRACT AMOUNT INCLUDING CHANGE ORDERS TOTAL AMOUNT OF WORK PERFORMED TO DATE LESS: RETAINAGE 5% PREVIOUS PAYMENTS TOTAL DEDUCTIONS - AMOUNT DUE CONTRACTOR Percent Complete $ 474,306.00 $ 424,616.40 $_ 424,616.40 $ 403,471.08 $ 403.471.08 $ 21,145.32 Payment of: $ 21 145.32 IN is recommended by: 6iQl'�f tErt9loeer). CITY OF BEAUMONT (Datel Payment of: is approved by: Payment of: is approved by: Page 1 of 4 $ 21,145.32 (Owner) CITY OF BEAUMONT (Date) 100.00% CITY OF BEAUMONT, TX SOUTH MAJOR DRIVE WATER AND SEWER RELOCATION BID NO. WU0117-04 FINAL PAYMENT No. DATE I March 6, 2018 BID ITEM DESCRIPTION CONTRACT QUANTITY THIS ESTIMATE QUANTITY TO DATE TOTAL COST TO DATE QUANTITY I UNIT UNIT PRICE POTABLE WATER ITEMS 001 Mobilization 1 LS $ 10,000.00 1 $ 10,000.00 002 Connect Proposed 8 -inch to Existing 20 -inch Water Line 1 EA $ 9,600.00 1 $ 9,600.00 003 Connect Proposed 6 -inch to Existing 6 -inch Water Line 1 EA $ 3,500.00 1 $ 3,500.00 4015-001 Abandonment of Existing Water Lines 1580 LF $ 4.00 1580 $ 6,320.00 605-001 12" x 114" Steel Casing 273 LF $ 95.00 230 $ 21,850.00 605-002 16" x 114" Steel Casing 97 LF $ 110.00 135 $ 14,850.00 Alt 810-001 Furnish & Install - 6 -inch HDPE DRI 1 Water Line 1310 LF $ 70.00 1310.00 $ 91,700.00 Alt 810-002 Fumish & Install - 8 -inch HDPE DRI 1 Water Line 545 LF $ 80.00 545.00 $ 43,600.00 808-001 Fumish & Install Fire Hydrant Assembly 6 LF $ 4,900.00 5.00 $ 24,500.00 808-002 Remove & Salvage Fire Hydrant Assembly 1 LF $ 500.00 $ - 811-001 Fumish & Install - 8 -inch Resilient Wedge Gate Valves 4 LF $ 1,300.00 3.00 $ 3,900.00 811-002 Fumish & Install - 6 -inch Resilient Wedge Gate Valves 9 LF $ 900.00 9.00 $ 8,100.00 801-001 Fumish & Install - 8" x 8" MJ Tee 1 LF $ 460.00 1.00 $ 460.00 801-002 Fumish & Install -- 6" x 6" MJ Tee 2 EA $ 380.00 2.00 $ 760.00 801-003 Fumish & Install - 8" MJ 90 -degree Bend 1 EA $ 320.00 2.00 $ 640.00 801-004 Fumish & Install - 8" MJ 45 -degree Bend 2 EA $ 300.00 3.00 $ 900.00 801-005 Fumish & Install - 6" MJ 45 -degree Bend 7 EA $ 260.00 4.00 $ 1,040.00 801-006 Fumish & Install -- 8" x 6" MJ Reducer 2 EA $ 240.00 2.00 $ '480.00 801-007 Fumish & Install - 6" x 2" MJ Tap Cap 1 EA $ 200.00 0.00 $ - 801-008 Fumish & Install - 8" Solid Sleeve 4 EA $ 270.00 0.00 $ - Page 2 of 4 CITY OF BEAUMONT, Tx SOUTH MAJOR DRIVE WATER AND SEWER RELOCATION BID NO. WU0117-04 FINAL PAYMENT No. DATE I March 6 2018 BID ITEM DESCRIPTION CONTRACT QUANTITY THIS ESTIMATE QUANTITY TO DATE TOTAL COST TO DATE QUANTITY UNIT UNIT PRICE 801-009 Furnish & Install -- 6" Solid Sleeve 6 EA $ 220.00 1.00 $ 220.00 801-010 Furnish & Install 2 -Inch Temporary Flushout 1 EA $ 400.00 $ - 2505-001 Furnish & Install — 1" Long Side Service Connection 2 EA $ 820.OD 3 $ 2,460.00 2505-002 Furnish & Install — 1" Short Side Service Connection 3 EA $ 520.00 $ - 2505-003 Furnish & Install — 2" Long Side Service Connection 2 EA $ 1,440.00 $ 2505-004 Furnish & Install -- 2" Short Side Service Connection 3 EA $ 1,000.00 $ - 2505-005 Furnish & Install — Meter Boxes & Electronic Reader Device 10 EA $ 400.00 3 $ 1,200.00 2317-001 Furnish & Install — Cement Stabilized Backfill 412 CY $ 30.00 189.46 $ 5,683.80 340-004 Furnish & Install -- Asphalt Pavement Replacement 245 SY $ 40.00 4.44 $ 177.60 530-001 Furnish & Install -- Concrete Pavement Replacement 50 SY $ 120.00 12 $ 1,440.00 SUBTOTAL — POTABLE WATER ITEMS $ 253,381.40 SANITARY SEWER ITEMS 708-001 Furnish & Install - Fiberglass Sanitary Sewer Manholes 6 EA S 4,600.00 6.00 $ 27,600.00 708-002 Remove & Replace — Existing Sanitary Sewer Structures w/ Fiberglass Manholes 1 EA $ 4,800.00 0.00 $ - 708-003 Remove or Abandon Existing Sanitary Sewer Manholes in Place 3 EA $ 900.00 4 $ 3,600.00 702-001 8 -Inch SDR -26 PVC Sanitary Sewer Lines By Open Trench 44 LF $ 110.00 44.00 $ 4,840.00 702-002 12 -Inch SDR -26 PVC Sanitary Sewer Lines By Open Trench 1223 LF $ 87.00 1060.00 $ 92,220.00 703-003 12 -Inch SDR -26 PVC Sanitary Sewer Lines By Direct Bore 102 LF $ 105.00 265.00 $ 27,825.00 Page 3 of 4 CITY OF BEAUMONT, TX SOUTH MAJOR DRIVE WATER AND SEWER RELOCATION BID NO. WU0117-04 FINAL PAYMENT No. DATE March 6, 2018 BID ITEM DESCRIPTION CONTRACT QUANTITY THIS ESTIMATE QUANTITY TO DATE TOTAL COST TO DATE QUANTITY UNIT I UNIT PRICE 4015-001 Abandonment of Existing Sanitary Sewer 1350 LF $ 5.00 1350 $ 6,750.00 2534-001 Replacement of Existing Long Side Service Connections 6 EA $ 1,300.00 $ - 2534-002 Replacement of Existing Short Side Service Connections 6 EA $ 1,100.00 5 $ 5,500.00 712-001 Trench Safety Plan 1 LS $ 1,500.00 1 $ 1,500.00 712-002 Trench Safety System 1400 LF $ 1.00 1400 $ 1,400.00 SUBTOTAL — SANITARY SEWER ITEMS $ 171,235.00 TOTAL AMOUNT OF WORK PERFORMED TO DATE $ 424,616.40 Page 4 of 4 RESOLUTION NO. WHEREAS, on March 21, 2017, the City Council of the City of Beaumont, Texas, passed Resolution No. 17-052 awarding a contract in the amount of $474,306.00 to Brystar Contracting, Inc., of Beaumont, Texas, for the South Major Drive Water and Sewer Relocation Project; and, WHEREAS, Change Order No. 1, in the amount of ($49,689.60), is necessary to adjust the estimated quantities in the contract to reflect the actual quantities used in the completion of the project, thereby decreasing the contract amount to $424,616.40; and, WHEREAS, the project has been inspected by 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. 1 for additional work described above, thereby decreasing the contract amount by ($49,689.60) for a total contract amount of $424,616.40 for the South Major Drive Water and Sewer Relocation Project; and, BE IT FURTHER RESOLVED THAT the South Major Drive Water and Sewer Relocation Project be and the same is hereby accepted; and, BE IT ALSO RESOLVED THAT the City Manager is hereby authorized to make final payment in the amount of $21,145.32 to Brystar Contracting, Inc., of Beaumont, Texas. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 27th day of March, 2018. - Mayor Becky Ames - March 27, 2018 Consider granting to Entergy Texas, Inc. the right, privilege and franchise to conduct within the City an electrical lighting and power business BEAUMONT TO: City Council FROM: %Kyle Hayes, City Manager PREPARED BY: Tyrone E. Cooper, City Attorney MEETING DATE: March 27, 2018 REQUESTED ACTION: Council consider granting to Entergy Texas, Inc. the right, privilege and franchise to conduct within the City an electrical lighting and power business. BACKGROUND The current Beaumont and Entergy Texas, Inc. ("ETI") franchise agreement term has expired and the franchise needs to be updated and renewed. The new agreement maintains most of the existing language and ETI's obligations for use of the public right of way within the City. The term of the franchise is twenty-five (25) years. There are several changes to the franchise. First, the annual rental payments by ETI to the City for use of the right of way are increased. Currently, ETI makes a base franchise payment once per year and incremental franchise payment four times per year on a quarterly basis. The incremental franchise rate has been increased resulting in total increased franchise revenues to the City of over $900,000 annually. The second franchise change is to include an inflation adjustment clause to adjust future franchise fee charges for changes in inflation over the life of the franchise agreement. This inflation factor will protect against declining franchise collections over the life of the franchise agreement. FUNDING SOURCE N/A RECOMMENDATION Approval of ordinance. ORDINANCE NO. AN ORDINANCE GRANTING TO ENTERGY TEXAS, INC. THE RIGHT, PRIVILEGE AND FRANCHISE TO CONDUCT WITHIN THE CITY AN ELECTRICAL LIGHTING AND POWER BUSINESS; PROVIDING AN EFFECTVIE DATE UPON ACCEPTANCE IN WRITING BY ENTERGY TEXAS, INC. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: Section 1: That, subject to the terms, conditions and provisions of this ordinance, the City of Beaumont, Texas, hereinafter referred to as "City," does hereby grant unto Entergy Texas, Inc., hereinafter referred to as "Company", the right, privilege and franchise to conduct within the City an electrical lighting and power business and to enter upon, erect, construct, maintain, extend, repair, replace and remove in, under, upon, over, above, across and along any and all of the present and future public roads (notwithstanding any use restrictions), highways, parks, streets, lands, alleys, whether designated or undesignated and other public areas and rights of way of the City and over, under, above, along and across any and all streams, canals, bayous, embankments and bridges, now or hereafter owned .i or controlled by the City (hereinafter referred to as "Public Rights -of -Way"), a system of poles, pole lines, towers, distribution lines, transmission lines, wires, guys, cables, conduits, transformers and other distribution and transmission instrumentalities, facilities and appurtenances (including communications facilities) necessary or proper for the transmission and distribution of electricity and communication including broadband over power line communications services ("BPL") into, in, within, from, across, and through the City, as now existing, or as said City limits may hereafter be extended (hereinafter referred to as "Company Facilities"); and Company is authorized to use Company Facilities for the transmission, distribution, delivery and sale of electricity and communication to the municipality and to the inhabitants of the City and to any governmental agency, and to any governmental subdivision, and to any person, firm or corporation, wherever located, within or without the City limits of the City of Beaumont, for use by such purchaser, or purchasers, for light, power, cooling and heat, and for any other purpose, or purposes, whether same or different from those herein specified, for which electricity may be used. Provided, this Franchise does not include places where the City's authority to permit such installations is or hereafter may be withdrawn by the State, or where the Texas Department of Transportation or other State agency constructs or maintains such public facility or place and lawfully excludes the authority of the City to permit such public utility and BPL installations therein. In the event that the City abandons a Public Right -of - Way, City shall ensure that the Company has access to sufficient and reasonable Right - of -Way to maintain Companies Facilities. Section 2: The right, privilege and franchise granted under this Franchise Ordinance is, at all times, subject to the continuing police power of the City; and the Company shall comply with all present and future laws, ordinances and regulations of the State of Texas and the City enacted pursuant to the City's or State's police power. Section 3: Upon- the filing with the City by Company of the acceptance required hereunder, this franchise shall be in full force and effect for a term and period of twenty- five (25) years commencing upon, and extending from, the date of passage of this ordinance by City ("Effective Date") Provided that, if subsequent to the effective date of this Agreement, any Texas municipality, city or City within the Company's service area ("Other City or Municipality") enters into with Company a franchise term of less than twenty-five (25) years, the City will have the right after reasonable notice to receive the same term. If the City elects to exercise this right, the new contract term will begin upon passage of an amendment to this franchise approving of the same term as the other municipality and end when the new term has run in its entirety, no matter. how many years had expired under the original twenty-five year term. Provided however, this provision is not applicable if the Other City or Municipality is precluded from entering into a twenty-five (25) year term by law or city charter. Section 4: Company, on written request of any person, shall relocate, raise or lower its wires temporarily to permit construction work in the vicinity thereof, or to permit. the moving of houses or other bulky structures. The expense of such temporary relocation, raising or lowering of such wires shall be paid by the benefited party or parties and the Company may require the payment in advance, being without obligation to remove, raise or lower its wires until `such payment shall have been made. The Company shall be given not less than forty-eight hours prior notice to arrange for such temporary wire change. Section 5: The City shall have the power at any time to require the Company to change permanently the route and position of Company Facilities when the City shall find, by resolution, that such change is necessary in the closing, opening, widening or relocating of streets or alleys, or water or sewer lines, or the changing of grade of streets or alleys. -The City shall use its best reasonable efforts to consult and confer with the Company before requiring any such relocation or raising or lowering of its lines or cables, with a view to accomplishing the result in a reasonable and economical manner. If it becomes necessary to relocate any lines or facilities, City will provide suitable Right of Way adjacent to the relocated street, alley, water line, or sewer line, without any cost or expense to Company. The obligation to change the route does not require the placement of overhead lines underground unless the City pays for the increased costs of placing the lines underground. With the exception of costs incurred by the City in the preceding sentence, all other costs of relocation pursuant to this section shall be paid by the Company. Provided, however, the Company shall be entitled to be paid for its costs of relocation required'by the City if such expenses or costs are reimbursable or payable to the Company nor to the City or the State of Texas, the United States, or any agency or subdivision of either whether directly or indirectly. Section 6: To the extent that the City has authority to do so, it gives to Company, during the Fife of this Franchise, the right, license, privilege and permission to trim and remove trees and other vegetation, using generally accepted methods within the vegetation management industry, located upon and overhanging the streets, alleys, easements, sidewalks and public places of City, that interfere or offer hazards to the operation of Company's facilities used or useful for the rendition of electric service. The I Company is responsible for the prompt removal and disposal of all trimmings associated with maintenance of its lines and facilities. Section 7: Nothing contained in this ordinance shall ever be construed as conferring upon Company any exclusive rights or privileges of any nature whatsoever. Section 8: If any provision, section, sub -section, sentence, clause, or phrase of this ordinance is, for any reason, held to be unconstitutional, void, or invalid (or for any reason unenforceable) the validity of the remaining portions of this ordinance shall not be affected thereby, it being the intent of the City in adopting this ordinance that no portion thereof or provision or regulation contained herein shall become inoperative or fail by reason of any unconstitutionality or invalidity of any other portion, provision or regulation, and, to this end, all provisions of this ordinance are declared to be severable. Section 9: The City, by granting this Franchise, does not surrender or to any extent lose, waive, impair or lessen the lawful powers and rights, now or hereafter vested in the City under the constitution and statutes of the State of Texas to regulate the rates for services of Company; and Company, by its acceptance of this franchise, agrees that all such lawful regulatory powers and rights, as the same may be from time to time vested in the City, shall be in full force and effect and subject to the exercise by the City at any time. Section 10: As compensation to City for the use and occupancy of its Public Rights -of -Way, and in consideration for the other rights and privileges herein granted, Company agrees to pay to the City and City agrees to accept from Company on August 1 of each year during the continuance of this agreement, a fee equal to $0.0021524 ("Base Franchise Fee Factor") multiplied times the number of kilowatt hours delivered during the period commencing on July 1 of the previous calendar year and ending on June 30 of the calendar year in which the payment is due, inclusive, by Company to retail customers whose consuming facility's point of delivery is within the City's boundaries. At the time of each annual August 1 payment, Company shall also submit to the City a sworn statement showing the following: (i) its kilowatt hour sales delivered in total to the retail customers whose consuming facilities' points of delivery are located within the City's boundaries for the preceding year upon which the franchise fee payments are calculated; and (ii) a calculation of the annual Base Franchise Fee J payment. The statement shall be in a form substantially similar to attachment "A." Provided that if, subsequent to the effective date of this Agreement, any Texas municipality within the Company's service area negotiates with Company a methodology for calculation of the payment of the franchise different than the Base Franchise Fee kWh factor methodology used in this section and the Incremental Franchise Fee kWh factor methodology used in Section 11(A), the City will have the right after reasonable notice to utilize the same methodology. The parties agree that the payments due under this franchis&,are reasonable and necessary and that the parties shall use their best efforts to enable Company to recover these payments through its electric rates. Section 11 W: In addition to the compensation set -out in Section 10, and subject to the provisions of Subsection 11(C), Company shall continue to pay on or before the 15th day of May, August, November and February ("Payment Date") an amount equal to a $.0010137 charge per kilowatt hour ("Incremental Franchise Fee") multiplied times the number of kilowatt hours delivered by Company during ,the preceding calendar quarter ending March, June, September, and December ("Calculation Period"), in total to retail customers whose consuming facilities points of delivery were located within the City's boundaries less any applicable taxes including gross receipts taxes. This amount shall be referred to as "Incremental Amounts." However, in connection with the passage of this Agreement, City has also passed the attached Incremental Beaumont Franchise Fee Recovery Rider effective April 2, 2018. Beginning with the August 2018 quarterly payment due under this subsection and all future payment under this subsection will be an amount equal to a $0.0015908 charge per kilowatt hour ("Incremental Franchise Fee") multiplied times the number of kilowatt hours delivered by Company during the preceding calendar quarter ending March, June, September, and December ("Calculation Period"), in total to retail customers whose consuming facilities points of delivery were located within the City's boundaries less any applicable taxes including gross receipts taxes. Beginning on the first anniversary of the effective date of this Franchise Agreement and annually thereafter, Company shall annually adjust the Incremental unit per kWh franchise fee rate, set forth in subsection 11 (A), by an amount to be designated in writing by the city based on the annual increase, if any, in the consumer price index. The adjustment provided for in this subsection shall become effective only upon the City's approval of an equivalent adjustment to the corresponding surcharge, which provides for the Company's collection through the corresponding Surcharge of the increase in the Incremental Franchise Fee payment resulting from the adjustment provided in this subsection. The first payment of the increased Incremental Amount shall be no sooner than the first full quarter in which the corresponding increased Surcharge has been in effect and shall include any amounts collected through the increased Surcharge during any month of the prior quarter. At the time of each quarterly payment for Incremental Amounts, Company shall also submit to the City a sworn statement showing the following: (i) its kilowatt hour sales delivered in total to the retail customers whose consuming facilities' points of delivery are located within the City's boundaries for the preceding quarter upon which the franchise fee payments are calculated; and (ii) a calculation of the quarterly Incremental Franchise Fee payment. The statement shall be in a form substantially similar to attachment "B." Section 11(13): An underlying premise of this Franchise Agreement is that the Company shall be kept financially whole with respect to any and all Incremental Amounts, as defined above in this Section 11(A). The Incremental Amounts will be collected through a Surcharge adopted and approved by City applicable to all retail customers whose consuming. facility's point of delivery are located within the City's boundaries. The amount to be paid to City on each Payment Date shall never exceed the amount collected by Company during the corresponding Calculation Period while the Surcharge is in effect. In the event the Public Utility Commission of Texas ("PUCT") or a court of competent jurisdiction finds the amounts collected by Company through the Surcharge are improper and disallows or requires repayment ("Disallowed Amounts"), Company shall be entitled to collect all Disallowed Amounts through either direct payment by City or a reduction of any subsequent franchise payments to City as provided in this Subsection. Prior to Company's reduction in franchise payments, Company shall provide the City 30 days for a one-time opportunity to make a direct payment to Company of any Disallowed Amounts, such 30 days to run from City's receipt of Company's written notice, which shall identify the Disallowed Amounts, the time -period over which the Disallowed Amounts accrued and an explanation of the calculations. Subsequent to said 30 -day period, and in the absence of timely direct payment by the City of the entirety of the Disallowed Amounts, Company is authorized to reduce any future franchise payment(s) in an amount equal to any Disallowed Amounts not paid by the City. Company is authorized to implement the procedures set forth in this Subsection periodically as Company, in its sole discretion, determines is necessary to recover any ongoing Disallowed Amounts. The corresponding Surcharge described in this Subsection 11(B) shall appear as a line item on Company's retail electric bill and identified as a "Municipal Franchise Fee." Notwithstanding any other provision in this Franchise Agreement, if at any time the Incremental Franchise Fee portion is ever included in base rates, the Incremental Franchise Fee Surcharge will cease as of the effective date of the new base rates that incorporate the previously surcharged Incremental Amounts and the incremental amounts will continue to be paid as set forth in Section 11(A). Section 11(C): Upon the occurrence of any of the following events, the Incremental Franchise Fee rate and quarterly payments provided for in Subsection 11(A) shall no longer be applicable or effective for the purpose of calculating the franchise payment: i. the PUCT or a court of competent jurisdiction 1) finds the corresponding Surcharge unlawful or otherwise prohibits the Surcharge recovery of the Incremental Amounts; 2) finds that the franchise fees calculated under this Section 11(A), or the amounts collected through the corresponding surcharge or through a reduction in franchise payments, as provided herein, may not be recovered by Company from its customers; or 3) in some manner prevents or prohibits Company from recovering said Incremental Amounts; and ii. with respect to the preparation for, or implementation of, retail open access in Company's Texas service territory, Company or Entergy's affiliate distribution company in Texas ("DISCO") or Entergy's affiliate retail electric provider in Texas ("REP"), at any time, is not permitted to implement the monthly Surcharge described in Subsection 11(B). Upon the occurrence of any of the events enumerated in Subsections 11(C) i or ii, only the franchise rate contained in Section 10 shall be applicable and effective for the purpose of calculating and paying the franchise payment under this Franchise Agreement and Cities shall have the option, for one year, to terminate the Franchise Agreement and negotiate a new Franchise Agreement so long as the Company is not required to make a franchise fee payment greater than it is authorized to collect in rates. Further, in the event the PUCT or a court of competent jurisdiction finds a portion of the corresponding Incremental Franchise Fee Surcharge unlawful or otherwise prohibits a portion of the Incremental Franchise Fee Surcharge recovery of the Incremental Amounts, the Incremental Franchise Fee rate and quarterly payments provided for under Subsection 11(A) and (B) shall bei amended and adjusted such that the franchise - payment made by the Company pursuant to this Section 11(A) to the City is no greater than the amounts the Company is authorized to collect through the corresponding Surcharge. Nothing in the immediately preceding sentence requires that Company agree to a realignment or allocation of the recovery of any portion of the Incremental Amounts from the corresponding Surcharge to the Company's base rates. Section 11(D): City agrees that (a) if City intervenes in any regulatory proceeding before a federal or state agency in which the recovery of Company's franchise fees is an issue, the City will take an affirmative position supporting 100% recovery of franchise fees by Company in the manner consistent with this agreement; and (b) in the event of an appeal of any such regulatory proceeding in which the City has intervened, the City will take an affirmative position in any such appeals in support of the 100% recovery of such franchise fees by Company in the manner consistent with this Agreement. i. City agrees that it will take no action, nor cause any other person or entity to take any action, to prohibit the recovery of such Incremental Amounts by Company. ii. Neither the adoption of this Franchise Agreement, nor the corresponding Surcharge shall be used by either the City or the Company, in any proceeding before a regulatory authority or state or federal court of law, as precedent for a reduction in the Company's rates or as evidence of or support for the positions taken by the City or the Company in such matters. Section 12: In addition to the consideration set forth elsewhere in this franchise agreement and subject to a Joint Use Agreement, the Company shall hold itself ready to furnish free of charge, subject to the use of the City, such pole space as may be required from time to time for the installation of traffic, police and fire alarm system conductors, and alarm or other equipment all of which are owned exclusively by the City; provided that such conductor space does not exceed the capacity of one cross - arm on any one pole, and provided that such space is then available on existing poles. The specific location for these traffic, police and fire alarm conductors, boxes or equipment on Company's poles shall be determined by the Company, and will be allotted at the times specific applications for space are received from the City. 'Where a main underground ductline is constructed or installed between manholes by Company after the effective date of this franchise agreement, Company shall, as part of same, provide free of charge for the installation by City of its traffic, police or fire alarm cables owned exclusively by the City, one top duct having one capped off entry channel and ,one capped off exit channel between each two manholes, such entry and exit channels leaving the duct bank enclosure outside of, but near to, such manholes, and no cable or other equipment of City shall enter Company's manholes. All cables installed by the City in Company ducts shall be of the non-metallic, sheath type to prevent corrosive or electrolytic action between the City and Company-owned cables. All City -owned conductors and cables, whether on poles or in ductlines, shall be constructed, maintained and operated in such manner as to not interfere with or create a hazard in the operation of the Company's electrical transmission and distribution system. Further, all City -owned traffic, police and fire alarm conductors, and alarm boxes, and any City circuits on Company poles, and all cables installed by City in ducts constructed by Company, shall be installed in strict compliance with the applicable provisions of the National Electrical Safety Code. Section 13: The fee payable hereunder shall be the total compensation payable by Company to City for Company's use of the Public Rights -of -Way for the conduct of its business under the franchise. City agrees that any street rental ordinances currently in effect shall not be applicable to Company and City shall not charge any additional fee for the use or occupancy of the Public Rights -of -Way in City. If City does charge Company any additional fee for the use or occupancy of the Public Rights -of -Way in City, then Company may deduct the amount charged from the next succeeding franchise payment or payments until fully reimbursed. This does not bar the City from assessing against the Company or its property ad valorem taxes levied on property, excise taxes levied, or other taxes. Section 14: City may initiate an audit or other inquiry, or may pursue a cause of action in relation to the payment of the fee only if such audit, inquiry, or pursuit of a cause of action concerns a payment made less than two (2) years before commencement of such audit, inquiry, or pursuit of a cause of action. All books and records related to Company's calculation of the fee shall be available to City. Upon receipt of a written request from City, such documents shall be made available for inspection no later than forty-five (45) days from the receipt of such request. Company shall make such documents available at the place such documents are located, at the Company's Beaumont office, or any location mutually agreed upon according to the needs and abilities of the respective parties. City shall advise Company of the results of the audit within two years of the initiation of the audit. City must make a written demand within two years of the initiation of the audit or any claims associated with the audit shall be waived. Amounts due to City for past underpayments or amounts due Company for past overpayments shall include interest calculated using the annual interest rates for overcharges as set by the Public Utility Commission of Texas. Said interest shall be payable on such sum from the date the initial payment was due until it is paid. Section 15: Within thirty (30) days of the effective date of any expansion, annexation, or de -annexation, or other lawful means of modifying the City's boundaries, the City shall provide to Company reasonable notification of the change in the City's boundaries. Section 16: If the Company shall assign this Franchise to any other person or corporation (the "Assignee") acquiring and duly authorized to acquire, own and operate the Company's 'property and to carry on the Company's business, the Assignee shall execute and deliver to the City an agreement in writing to be bound by all of the Company's obligations, liabilities, and undertakings under this Franchise. The Assignee shall thereupon be deemed to be- substituted for the Company, and the Company shall stand released from all obligations under this Franchise except such as have already accrued. If the Assignee fails to file such agreement within thirty (30) days after said assignment, City shall'so notify in writing the Company and Assignee of this deficiency. . Should Assignee fail to cure such deficiency within 30 days of the deficiency notification, this agreement shall terminate. Section 17: If it becomes necessary in furnishing electricity as contemplated under this franchise, the City grants to the Company the right and privilege to take up pavements and sidewalks, if any, in and upon said streets, alleys and highways in said City -of Beaumont, and such may be over and across any stream or bridge, for the purpose of making such excavation and installation as may be necessary; provided, however, except in the event of an emergency in which excavation is necessary to ensure the safety of the public or the integrity of Company's facilities, Company shall not take up or excavate any pavement at any time without first securing permission of the Director of Public Works of City or City Manager; and provided further, that all excavations and installations so made shall be performed in such manner as will cause the least inconvenience to the public, and Company shall promptly restore to as good condition as before working thereon, and to the reasonable satisfaction of the Director of Public Works of City or City Manager, all streets excavated by it. The City of Beaumont shall have the right to ,have an inspector present at each excavation and installation. Further, ETI will use reasonable efforts to comply with Chapter 6 of the Manual on Uniform Traffic Control Devices (MUTCD). Section 18: If any of the facilities installed by Company hereunder shall be in any respect damaged or injured by the City of Beaumont or any of its officers, agents, representatives, or employees, in connection with the performance of any. work or repairs that may be done to the streets, avenues, alleys, and other public places of the City of Beaumont, Company shall not be entitled to prosecute or maintain a claim against the City of Beaumont for any such damages or injuries so sustained by it, and the same is hereby in all things waived; provided, however, the foregoing portion of this Section shall not apply where such property is damaged or injured as a proximate result of installing, maintaining or removing City's equipment upon or from Company's poles, or in or from Company's ductlines, as provided in Section 12. Section 19: It shall be the Company's obligation hereunder to furnish efficient electrical service to the public at its rate schedule and Company shall maintain its system in reasonable operating condition during the continuance of this Agreement. Section 20: The Company, its successors and assigns shall indemnify, save and hold harmless the City from any and all claims for injuries and damaged to person or property occasioned by or arising out the construction, reconstruction, maintenance, operation or repair of said Company's electrical lighting and power system, or by the conducting of Company's business in The City of Beaumont, or in any way growing out of the granting of this franchise, either directly or indirectly, or by reason of any act, negligence or nonfeasance of the contractors, agents or employees of Company, its successors and assigns, and shall refund to the City all sums which it may be adjudged to pay on any such claims, or which may arise or grow out of the exercise of the rights and privileges hereby granted, or by the abuse thereof, except caused by City's, its employee's or agent's negligence and Company shall indemnify and hold the City harmless from and on account of all damages, costs, expenses, actions and causes of actions that may accrue to or be brought by any person, persons, company or companies at any time hereafter by reason of the exercise of the rights and privileges hereby granted, or of the abuse thereof; provided, however, that the provisions of this Section shall not be applicable to any claims, damages, costs, expenses, actions or cause of actions proximately resulting from the use by City, its officers, agents, representatives or employees, of Company's pole and ductlines for the installation, maintenance or removal of City's equipment, as provided in Section 12. Section 21: This franchise replaces all former franchise and/or street rental ordinances and agreements with Company, which are hereby repealed as to Company. Section 22: Company shall, within sixty (60) days from the date of the final passage of this ordinance by the City Council of the City of Beaumont, Texas, file with the City Secretary of the City of Beaumont, Texas, a written statement signed in its name and behalf in the following form: "To the Honorable Mayor and the City Council of the City of Beaumont": Entergy Texas, Inc. hereby accepts the attached ordinance finally passed by the City Council of the City of Beaumont, the day of , 20 , and agrees to be bound by all of its terms and provisions. Entergy Texas, Inc. Section 22: This franchise ordinance shall be in force, and effective, from and after the passage of this ordinance, conditioned that Company file the written acceptance above provided, within the period provided, after the passage of this ordinance; and thereupon this franchise shall become a binding contract; and shall exist for a period of twenty-five (25) years from the date of its passage. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont on first reading this the day of )2018. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551.- PASSED 51._ PASSED BY THE CITY COUNCIL of the City of Beaumont on second reading this the day of , 2018. The meeting at which this ordinance was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont on final reading this the day of 2017. - Mayor Becky Ames - ATTACHMENT A (date) City of Beaumont Dear Sir or Madam: Enclosed is Entergy Texas, Inc.'s annual franchise fee payment for the twelve months ending for the City of Beaumont. KWh Delivered Within the City During the Twelve Months Ended XXXXXX Rate per KWH of electricity $.XXXX Franchise Fee $XXXXXX The information given in this statement has been taken from the books of the company and is, to the best of my knowledge and belief, true and correct. Please contact have any questions or need additional information. Sincerely, ' (XXX) XXX-XXXX at (XXX) XXX-XXXX or me if you Please acknowledge receipt of payment by signing the attached copy of this notification and returning it in the envelope provided. Received by: EXHIBIT "A" Date: ATTACHMENT B ENTERGY TEXAS, INC. C/O Entergy Services, Inc. Attn: Tax Department P.O. Box 61000 New Orleans, LA 70161 (504) 576-4407 Incremental Franchise Fee Calculation For the Period , 20_ through , 20_ CITY OF BEAUMONT, TEXAS KWH of electricity delivered by the utility to each retail customer whose consuming facility's point of delivery is located within the municipality's Boundaries — , 20_ through xxx,xxx,xxx 20 Incremental Rate per KWH of electricity xxxxxxx Total Gross Incremental Franchise Fee $xxx,xxx.xx Deductions: Texas Gross Receipts Tax xxxxx ( x,xxx.xx) Specific Reduction per Section 11(d) ( xxx•xx) Total Net Incremental Franchise Fee $xxx,xxx.xx Payment will be wired on 20 The information given in this statement has been taken from the books of the company and is, to the best of my knowledge and belief, true and correct. Should you have any questions, please contact or me. (XXX) XXX-XXXX Please acknowledge receipt of payment by signing and returning in enclosed envelope. Received by signature Print Name EXHIBIT "B" Date March 27, 2018 Consider an ordinance adopting an Incremental Beaumont Franchise Fee Recovery Rider for Entergy Texas, Inc. Electric Service Schedule FFBE BEAUMONT, TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tyrone E. Cooper, City Attorney MEETING DATE: March 27, 2018 REQUESTED ACTION: Council consider an ordinance adopting an Incremental Beaumont Franchise Fee Recovery Rider for Entergy Texas, Inc. Electric Service Schedule FFBE. BACKGROUND The City of Beaumont and Entergy Texas, Inc. (ETI) have negotiated a new electric utility franchise. The new franchise changes the rate of the incremental franchise fee paid to the City. ETI is allowed to recover its costs paid to the City through rates charged to its customers. The Incremental Franchise Fee Recovery Rider provides the mechanism for recovery of those incremental franchise fee costs from its customers. Staff recommends the passage of the ordinance providing a recovery rider made necessary by the adoption of a new franchise agreement. FUNDING SOURCE N/A RECOMMENDATION Approval of ordinance. I J ORDINANCE NO. AN ORDINANCE ADOPTING AN INCREMENTAL BEAUMONT FRANCHISE FEE RECOVERY RIDER FOR ENTERGY TEXAS, INC. ELECTRIC SERVICE SCHEDULE FFBE. WHEREAS, the City of Beaumont and Entergy Texas, Inc. have negotiated the renewal of an electric franchise to operate and conduct an electrical lighting and power business within the City of Beaumont; and, WHEREAS, the franchise rate is modified under the new agreement; and, WHEREAS, in order for Entergy Texas, Inc. to implement and recover incremental franchise costs paid to the City, it is necessary to adopt a procedure to allow for the recovery; and, WHEREAS, -an Incremental Beaumont Franchise Fee Recovery Rider provides a mechanism for the recovery of the incremental franchise fee costs; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this ordinance are hereby, in all things, approved and adopted; and, THAT the Incremental Beaumont Franchise Fee Recovery Rider, attached hereto as Exhibit "A" for all purposes, be and it is hereby adopted; and, THAT this Rider FFBE shall become effective upon passage. The meeting at which this ordinance was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 27th day of March, 2018. - Mayor Becky Ames - SECTION III RATE SCHEDULE Page 101 ENTERGY TEXAS, INC. Sheet No.: 64 Electric Service Effective Date: 4-2-18 Revision: 2 Supersedes: FFBE Effective 1-28-09 SCHEDULE FFBE Schedule Consists of: One Sheet INCREMENTAL BEAUMONT FRANCHISE FEE RECOVERY RIDER I. PURPOSE This Incremental Beaumont Franchise Fee Recovery Rider ("Rider FFBE") defines the procedure by which Entergy Texas, Inc. ("Company") shall implement rates for recovery of incremental Franchise Fee costs paid to the City of Beaumont. The purpose of this Rider is to provide a mechanism for recovery of incremental franchise fee costs not included in the Company's last general rate case proceeding before the Public Utility Commission of Texas ("PUCT"). II. APPLICABILITY This rider is applicable to all electric service rendered by Company to all retail customers whose consuming facilities' points of delivery are located within the City Limits of Beaumont, Texas, under all retail rate schedules, whether metered or unmetered, subject to the jurisdiction of the PUCT. III. ' INCREMENTAL FRANCHISE FEE RATE The rate associated with this Surcharge Tariff shall be $0.0015908 for every kilowatt-hour billed by the Company to its retail customers inside the city limits of Beaumont. IV. TERM This Rider FFBE shall remain in effect until modified or superceded by a subsequent franchise agreement with the City of Beaumont. EXHIBIT "A" WORK SESSION Review and discuss possible funding for the. "buy-out," elevation and/or repair of homes damaged by Hurricane Harvey