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HomeMy WebLinkAboutPACKET DEC 11 2018BEAUMONT REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS DECEMBER 11, 2018 1:30 PM CONSENT AGENDA Approval of minutes — November 20, 2018 Confirmation of board and commission member appointments Robert Calvert will fill the unexpired term of Allen Perkins on the Convention and Tourism Advisory Board. The term would commence December 11, 2018 and expire September 30, 2019. (Councilmember W.L. Pate, Jr.) Joris P. Colbert would be appointed to the Civil Service Commission. The term would commence December 11, 2018 and expire December 10, 2021. (Kyle Hayes, City Manager) A) Approve the replacement of the cooling tower at the Jefferson Theater B) Approve the purchase of Self Contained Breathing Apparatus for use by the Fire Department C) Approve the replacement of the HVAC control system at the Sterling Pruitt Center D) Approve a one year contract with the Greater Beaumont Chamber of Commerce E) Authorize the City Manager or his designee to execute an agreement with the United States Department of Justice, Drug Enforcement Administration F) Accept maintenance of the street, storm sewer, water and sewer improvements in Meadows Phase III, Subdivision G) Authorize the settlement of the claim of Molette Detrasher H) Authorize the City Manager to accept maintenance and authorize final payment for the Electrical Repairs to Loeb Water Well #1 Site — Phase I Project I) Approve an annual contract with Crabtree Barricade Systems Inc. for the placement of pavement markings for use by the Public Works Department J) Authorize the execution of a License to Encroach Agreement with Ashley Suson RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT Robert Calvert is appointed to the Convention and Tourism Advisory Board to fill the unexpired term of Allen Perkins. The term will commence December 11, 2018 and expire September 30, 2019. 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 11th day of December, 2018. - Mayor Becky Ames - RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the following appointment be made: Appointment Commission Beginning Expiration of Term of Term Joris P. Colbert Civil Service Commission 12/11/2018 12/10/2021 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 11th day of December, 2018. - Mayor Becky Ames - D UA, ' I Z, A TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Todd Simoneaux, Chief Financial Officer MEETING DATE: December 11, 2018 REQUESTED ACTION: Council consider a resolution approving the replacement of the cooling tower at the Jefferson Theater. BACKGROUND The Jefferson Theater's cooling tower was originally installed in 2002 and is experiencing metal fatigue and oxidation issues and needs to be replaced. The cooling tower is a critical component of the Theater's HVAC system. The new cooling tower will be the same make and model as the existing tower unit. Pricing was obtained from Air Comfort Incorporated utilizing the current HVAC maintenance contract between Air Comfort and the City of Beaumont. The contract was approved by the City Council on December 12, 2017 by Resolution No. 17-259. The contract allows Air Comfort, Inc., at the request of the Facilities Maintenance Department, to perform maintenance, repair, and equipment installation on a time and material basis as set forth in the contract. The proposed cost to replace the cooling tower is $113,327.00. FUNDING SOURCE Capital Reserve Fund. RECOMMENDATION Approval of the resolution. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Council hereby approves the purchase of a replacement cooling tower at the Jefferson Theater facility located at 345 Fannin Street from Air Comfort, Inc., of Beaumont, Texas, in the amount of $113,327.00. Pricing was obtained from Air Comfort, Inc. pursuant to the current Maintenance Contract between Air Comfort, Inc. and the City of Beaumont. 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 11th day of December, 2018. - Mayor Becky Ames - *tX1JN*M, kl TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Todd Simoneaux, Chief Financial Officer -1 MEETING DATE: December 11, 2018 REQUESTED ACTION: Council consider a resolution approving the purchase of Self Contained Breathing Apparatus (SCBA) for use by the Fire Department. BACKGROUND The Self Contained Breathing Apparatus (SCBA) will be purchased from Municipal Emergency Services, Inc., of Houston, in the amount of $86,848.56. The Fire Department has determined that twenty-nine (29) complete SCBA units, eight backpacks, four hazmat bottles and forty-two (42) face masks require replacement this year. The Fire Department must periodically replace old and/or defective SCBA units and related material. The units provide breathing air to firefighters while engaged in firefighting activities. Pricing for the equipment was obtained through the Houston -Galveston Area Council (H -GAC) purchasing cooperative, which provides cities and political subdivisions with the means to purchase specialized equipment at volume pricing. H -GAC complies with State of Texas procurement statues. FUNDING SOURCE Capital Reserve Fund. RECOMMENDATION Approval of the resolution. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Council hereby approves the purchase of twenty-nine (29) complete Self - Contained Breathing Apparatus (SCBA) units, eight (8) Backpacks, four (4) Hazmat Bottles and forty-two (42) Face Masks for use by the Fire Department from Municipal Emergency Services, Inc., of Houston, Texas, in the amount of $86,848.56 through the Houston -Galveston Area Council (H -GAC) Cooperative Purchasing Program. 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 11th day of December, 2018. - Mayor Becky Ames - C BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Todd Simoneaux, Chief Financial Officer MEETING DATE: December 11, 2018 REQUESTED ACTION: Council consider a resolution approving the replacement of the HVAC control system at the Sterling Pruitt Center. BACKGROUND The Sterling Pruitt HVAC control system was originally installed in 1995 and has become obsolete. The new control system will allow the Facilities Maintenance Department to monitor and control humidity, diagnose equipment problems, control temperature settings, and allow off-site monitoring and control of the system via computer. The control system is a critical component of the HVAC system for the facility and increases the energy efficiency of the unit. Pricing was obtained from Automated Logic as a sole source provider to replace the existing pneumatic HVAC control system with a WebCTRL Building Automation System (BAS). The City of Beaumont currently has twenty-three (23) facilities on the Automated Logic WebCTRL BAS. The cost to replace the HVAC control system will be $55,800.00. FUNDING SOURCE Capital Reserve Fund. RECOMMENDATION Approval of the resolution. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Council hereby approves the purchase of a replacement HVAC control system at the Sterling Pruitt Activity Center located at 2930 Gulf Street from Automated Logic, of Pasadena, Texas, a sole source provider, in the amount of $55,800.00. 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 11th day of December, 2018. - Mayor Becky Ames - BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Todd Simoneaux, Chief Financial Officer MEETING DATE: December 11, 2018 REQUESTED ACTION: Council consider a resolution authorizing a one year contract with the Greater Beaumont Chamber of Commerce. BACKGROUND The contract is in the amount of $85,000. Funding will be used for marketing Beaumont and business retention/recruitment efforts. Administration is pleased with the relationship between the City and the Chamber. FUNDING SOURCE General Fund. RECOMMENDATION Approval of the resolution. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be, and he is hereby, authorized to execute a one (1) year contract with the Greater Beaumont Chamber of Commerce in the amount of $85,000.00 for economic development purposes effective January 1, 2019 through December 31, 2019. The contract is substantially in the form attached hereto as Exhibit "A" and made a part hereof for all purposes. 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 11th day of December, 2018. - Mayor Becky Ames - STATE OF TEXAS § COUNTY OF JEFFERSON § This agreement, executed in duplicate, is made and entered into by and between the City of Beaumont, Texas, a municipal corporation of the State of Texas, hereinafter called "City", acting herein by and through its duly authorized City Manager, and the Greater Beaumont Chamber of Commerce, a non-profit corporation, hereinafter called "Chamber", acting herein by and through its President. WHEREAS, the City believes that economic development is crucial to the continued economic success of City and believes that Chamber should be retained to carry out a program of work on behalf of City for the economic development of City; NOW, THEREFORE, in consideration of the mutual promises made herein, the City and the Chamber agree as follows: 1. City does hereby employ, engage and hire Chamber to engage in a comprehensive range of activities and projects to create jobs in Beaumont directed at economic development. The Chamber does hereby agree to accept such hiring, engagement and employment and to discharge such duties in accordance with the terms and conditions herein set forth. Q Chamber is hired as an independent contractor and is not an agent of the City. EXHIBIT "A" 3. Chamber agrees to engage in a comprehensive range of activities and projects to create jobs in Beaumont. Chamber's program will be directed toward four separate aspects of job growth: a) retaining existing jobs; b) creating new businesses; c) expanding existing businesses; and, d) attracting new employers. To achieve these goals, the Chamber will maintain a capable paid staff with necessary expertise; recruit and organize volunteer workers from the community; maintain contacts and relationships with primary economic development allies of both public and private offices; gather and publish necessary information and statistics for prospects; maintain and build relationships with management of existing businesses; and promote any other specific activities or projects which will contribute to an environment conducive to job growth. Q City hereby agrees to pay to Chamber during the term of this agreement Eighty - Five Thousand Dollars ($85,000). Payments of Twenty -One Thousand Two -Hundred Fifty Dollars ($21,250) will be made upon receipt of invoice dated in January of 2019, April 1, 2019, July 1, 2019 and October 1, 2019. Chamber agrees to expend in excess of One- Hundred -Thousand Dollars ($100,000) in other Chamber funds for the purposes outlined in paragraph 3 hereof. 5. In conjunction with its annual audit, Chamber agrees to audit, on a review basis, the functional areas outlined in this agreement. Chamber agrees to provide City a copy of the report done by Chamber's certified public accountants on an annual basis. 2019. M The term of this agreement shall be from January 1, 2019 until December 31, 7. Chamber agrees to indemnify, save harmless, and defend the City of Beaumont from any and all claims, causes of action and damages of every kind arising from the operations of the Chamber, its officers, agents and employees, including the officers, agents and employees involved in economic development and specifically including herein any and all acts of negligence by the City of Beaumont, its agents, officers or employees, carried out under the terms of this agreement. Chamber shall carry, or cause to be carried, general public liability and automobile liability insurance on all operations embraced by this agreement in the amount of Five -Hundred Thousand Dollars ($500,000) for each occurrence and property damage liability insurance in the amount of Twenty -Five Thousand Dollars ($25,000) for each occurrence. Said liability policies shall include contractual liability coverage in the same amounts as stated herein. Said insurance policies shall name the City of Beaumont as an additional insured. Said policies or duplicate originals thereof shall be filed with the City Clerk, or her designated representative, before any operations contemplated by this agreement are begun. EXECUTED in duplicate originals this the day of CITY OF BEAUMONT Kyle Hayes City Manager ATTEST: City Clerk GREATER BEAUMONT CHAMBER OF COMMERCE A ATTEST: 22 Name: Title: Chairman of the Board E BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: James P. Singletary, Chief of Police MEETING DATE: December 11, 2018 REQUESTED ACTION: Council consider a resolution authorizing the City Manager or his designee to execute an agreement with the United States Department of Justice, Drug Enforcement Administration. BACKGROUND The Agreement would allow the Beaumont Police Department to detail one of our Officers to the Beaumont Task Force. During the period of assignment, the Police Department officer would be under the direct supervision and control of the DEA (Drug Enforcement Agency) supervisory personnel assigned to the Task Force. It also describes the duties and activities that the officer will perform while under the Beaumont Task Force and allow us to jointly and effectively serve the Beaumont Community as a whole. FUNDING SOURCE None. RECOMMENDATION Approval of the resolution. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager, or his designee, be and they are hereby authorized to execute all documents necessary, specifically a Provisional State and Local Task Force Agreement between the Beaumont Police Department and the United States Department of Justice, Drug Enforcement Administration (DEA) for the purpose of detailing one (1) experienced officer to the Beaumont Task Force for a period of not less than two (2) years. The Agreement is substantially in the form attached hereto as Exhibit "A" and made a part hereof for all purposes. 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 11th day of December, 2018. - Mayor Becky Ames - PROVISIONAL STATE AND LOCAL TASK FORCE AGREEMENT This agreement is made this 1s' day of November, 2018, between the United States Department of Justice, Drug Enforcement Administration (hereinafter "DEA"), and the Beaumont Police Department' (hereinafter "BPD"). The DEA is authorized to enter into this cooperative agreement concerning the use and abuse of controlled substances under the provisions of 21 U.S.C. § 873. Whereas there is evidence that trafficking in narcotics and dangerous drugs exists in the Beaumont, Texas, area and that such illegal activity has a substantial and detrimental effect on the health and general welfare of the people of, the parties hereto agree to the following: 1. The Beaumont Task Force will perform the activities and duties described below: a. disrupt the illicit drug traffic in the area by immobilizing targeted violators and trafficking organizations; b. gather and report intelligence data relating to trafficking in narcotics and dangerous drugs; and c. conduct undercover operations where appropriate and engage in other traditional methods of investigation in order that the Task Force's activities will result in effective prosecution before the courts of the United States and the State of Texas. 2. To accomplish the objectives of the Beaumont Task Force, the BPD agrees to detail one (1) experienced officer(s) to the Beaumont Task Force for a period of not less than two. years. During this period of assignment, the BPD officer(s) will be under the direct supervision and control of DEA supervisory personnel assigned to the Task Force. 3: The BPD officer(s) assigned to the Task Force shall adhere to DEA policies and procedures. Failure to adhere to DEA policies and procedures shall be grounds for dismissal from the Task Force. 4. The BPD officer(s) assigned to the Task Force shall be deputized as Task Force Officer(s) of DEA pursuant to 21 U.S.C. Section 878. 5. To accomplish the objectives of the Beaumont Task Force, DEA will assign four (4) Special Agents to the Task Force. DEA will also, subject to the availability of annually appropriated funds or any continuing resolution thereof, provide necessary funds and equipment to support the activities of the DEA Special Agents and officer(s) assigned to the Task Force. This support will include: office space, office supplies, travel funds, funds for the purchase of evidence and information, investigative equipment, training, and other support items. 6. The BPD shall comply with Title V1 of the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973, the Age Discrimination Act of 1975, as amended, and all EXHIBIT "A" requirements imposed by or pursuant to the regulations of the United States Department of Justice implementing those laws, 28 C.F.R. Part 42, Subparts C, F, G, H and 1. 7. The term of this agreement shall be effective from the date in paragraph number one until September 30, 2019. This agreement may be terminated by either party on thirty days' advance written notice. Billing for all outstanding obligations must be received by DEA within 90 days of the date of termination of this agreement. DEA will be responsible only for obligations incurred by BPD during the term of this agreement. For the Drug Enforcement Administration: Will R. Glaspy Special Agent in Charge For the Beaumont Police Department: James P. Singletary Chief of Police 2 Date: Date: F BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Dr. Joseph Majdalani, P.E., Public Works Director MEETING DATE: December 11, 2018 REQUESTED ACTION: Council consider a resolution accepting maintenance of the street, storm sewer, water and sewer improvements in Meadows Phase III, Subdivision. BACKGROUND On November 21, 2018, a final inspection was completed for the following: • East Blue Stem approximately 455 feet extension south of existing East Blue Stem. • Chicory Street approximately 951 feet extension east of existing Chicory Street to include a Cul-de-sac. • Meadow Run approximately 405 feet extension south to 3 -OM 4P markers end of pavement. Recommended for approval are the street, storm sewer, water and sewer improvements for Meadows Phase III, Subdivision right-of-way only. FUNDING SOURCE Not applicable RECOMMENDATION Approval of the resolution. N 01c Woki -VICINITY MAP.- ,WLS,- 2018.11.27 -Meadows Phase 3 West RESOLUTION NO. WHEREAS, construction of the street, storm sewer, water and sewer improvements constructed in Meadows Phase III Subdivision have been completed as follows: ; and, Streets • East Blue Stem approximately 455 feet extension south of the existing East Blue Stem • Chicory Street approximately 951 feet extension east of existing Chicory Street to include a cul-de-sac • Meadow Run approximately 405 extension south to 3 -OM 4P markers end of pavement Street Maintenance. Storm Sewer. Water and Sanitary Sewer Improvements • Meadows Phase III Subdivision right-of-way only WHEREAS, the developers of said improvements desire to have these improvements accepted and maintained by the City; and, WHEREAS, the director of the Public Works and Engineering Department has determined that said improvements meet city standards and qualify for acceptance for permanent maintenance, and the City Council is of the opinion that said improvements should be accepted and maintained by the City of Beaumont; 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 above -referenced street, storm sewer, water and sanitary sewer improvements in Meadows Phase III Subdivision rights-of-way, with the exception of streetlights, are hereby accepted by the City of Beaumont and shall be continuously maintained by the City contingent upon filing of the final plat, complete with filings of dedication of all rights-of-way and easements required on the preliminary and final plats and installation of the streetlights. 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 11th day of December, 2018. - Mayor Becky Ames - G BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City ,Manager PREPARED BY: Tyrone E. Cooper, City Attorney MEETING DATE: December 11, 2018 REQUESTED ACTION: Council consider a resolution authorizing the settlement of the claim of Molette Detrasher. BACKGROUND This matter was presented and discussed in Executive Session held on November 20, 2018. The City Attorney is requesting authority to settle this claim in the amount of $6,300.00. FUNDING SOURCE General Liability Fund. RECOMMENDATION Approval of resolution. RESOLUTION NO. WHEREAS, the claim of Molette Detrasher was discussed in Executive Session properly called and held Tuesday, November 20, 2018; and, WHEREAS, the City Attorney is requesting authority to settle this claim; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT the City Attorney be, and he is hereby, authorized to settle the claim of Molette Detrasher for the sum of Six Thousand Three Hundred and 00/100 Dollars ($6,300.00); and, BE IT FURTHER RESOLVED THAT the City Manager be and he is hereby authorized to execute all documents related to settlement of the claim. 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 11th day of December, 2018. - Mayor Becky Ames - H BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Dr. Joseph Majdalani, P.E., Public Works Director MEETING DATE: December 11, 2018 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to accept maintenance and authorize final payment for the Electrical Repairs to Loeb Water Well #1 Site — Phase I Project. BACKGROUND On June 26, 2018, by Resolution 18-149, City Council awarded a contract to Gulf Coast Electric Company, Inc., of Beaumont, Texas, in the amount of $133,000.00. The project has been inspected by LJA Engineering, Inc., and Water Utilities and found to be complete in accordance with the provisions and terms set out in the contract. Acceptance of maintenance and final payment in the amount of $6,650.00 is recommended. FUNDING SOURCE Harvey Fund. RECOMMENDATION Approval of the resolution. RESOLUTION NO. 18-149 WHEREAS, the City of Beaumont solicited bids for the Electrical Repairs to Loeb Water Well No. 1 Site — Phase I Project; and, WHEREAS, Gulf Coast Electric Company, Inc., of Beaumont, Texas, submitted a complete bid meeting specifications in the amount of $133,000.00; and, WHEREAS, the City Council is of the opinion that the bid submitted by Gulf Coast Electric Company, Inc., of Beaumont, Texas, is the lowest bidder providing the best value to the City and should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT the City Council hereby approves the award of a contract to Gulf Coast r Electric Company, Inc., of Beaumont, Texas, in the amount of $133,000.00 to furnish all labor, materials, equipment, and supplies for the Electrical Repairs to Loeb Water Well No. 1 Site — Phase I Project; and, BE IT FURTHER RESOLVED THAT the City Manager be and he is hereby authorized to execute a Contract with Gulf Coast Electric Company, Inc., of Beaumont, Texas, for the purposes. described herein. 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 26th day of June, 201 S. 1 EInn . . - UA Engineering, Inc. 2615 Calder Avenue, #500 Phone 409.833.3363 Beaumont, Texas 77702 Fax 409.833.0317 wwwr.ija.com TBPE N2 F-1386 December 5, 2018 Dr. Joe Majdalani Public Works Director City of Beaumont, Texas 801 Main Street Beaumont, TX 77701 Re: City of Beaumont, Texas Electrical Repairs to Loeb Water Well #1 Site — Phase I Bid No. WU0518-14 Engineer Final Declaration Dear Dr. Majdalani: This letter is to certify to the City of Beaumont, Texas that the above referenced project was completed and was constructed in accordance with the approved plans and specifications. All comments and concerns brought to the engineers, by the City, regarding incomplete work for a punch list, has been resolved by the contractor. If there is anything else I can do for you, please feel free to call. Sincerely, LJA ENGINEERING, INC. Ti Vice President CERTIFICATE OF CONSTRUCTION COMPLETION Locality: City of Beaumont, Texas This is to certify that the project as described below was completed on the 26th day of November, 2018. Contract was entered into on the 11 dth day of July, 2018 between Gulf Coast Electric Co., Inc. and the City of Beaumont, Texas for the construction of Electrical Repairs to Loeb Water Well 411 Site —Phase I, Bid No.: WU0518-14. This is to further certify that: 1, The work has been completed in accordance with the plans and specifications and all addenda, change orders and supplemental agreements thereto, with the following exceptions: None 2. The sum of $ 0 , deducted from the final payment to the Contractor is a fair and equitable settlement for the foregoing excepted work. 3. The Contractor has presented on behalf of itself and its sureties, satisfactory evidence that he or she will repair, replace and make good any faulty workmanship and/or materials discovered in the work within a period of 12 months from the date of completion of the project, as provided in the Contract, 4. Amount of Original Contract $_ 133,000.00 Present Amount of Contract $ 133,000.00 Less Previous Payments $_ 126.350.00 Less Deductions (from 42 above) $ 0.00 FINAL PAYMENT (Balance) S_ 6,650.00 5. The Final Payment in the amount above is now due and payable. Certifie Toby J. tident i , P.E. Vice Pre LJA Engineering, Inc. L' 9y Sid Picard President Gulf Coast Electric Co., Inc, Keith Folsom Facilities Maintenance Director City of Beaumont, Texas r. Joe ajdalani, P.E. Publi Works Director City of Beaumont, Texas CITY OF BEAUMONT MONTHLY PAY REQUEST PROJECTNAMEEIeuric+IRepairs toLoebWwaWell 01Site -Mm I PROJECTNO: WUDS18-14 CONTRACTOR GulfCoast Electric Co.. Inc. NOTICETO PROCEED. July 23, 2018 MONTHLY ESTIMATE NO_ 5 (Fi=0 CONTRACT DURATION. 161 CONTRACTAMOUNT: $133,000 CALENDAR DAYS USED: 120 PERCENTAGE COMPLETE' 100.00°0 PAY PERIOD: October 25,2D18-November26,-VIE PERCENT OFTIMEUSED: 7453% CHANGE ORDERS: 0 ITEM)TEM TTEM DESCRIPTION BID QUANTITY UNIT PREVIOUS CURRENT TOTAL QUANTITY UNIT TOTAL VALUE NO. CODE ESTIMATE ESTIMATE COMPLETED PRICE COMPLETED I Mob(Idttion 1 u SO.Do DAO% 100.00% 57.000.00 57,000.00 2 Consttoetion oFConcrcte Slab 1 LSj 50.00 I 0.00% 100.001: $4.000,001 54,000.00 3C/onstmma Electrical Control Systems (equipment, mnrrectlons, utility, testing, or-) 1 LS $0.00 1 0.00% 100.00?: OD0.00 I S12 000.00 �Z 5J�$ PREPARED BY: / GRAND TOTAL COMPLETED: S133.00Q00 7REYOUPARD DATE PROJECT MA LESS 5% RETAINAGE 56.650.00 Sy SUB TOTAL $126.350.00 RECOMMENDED BY: ! TOBYDAVIS.PE. I PRESIDENT DA LESS PREVIOUS PAYMENTS: S1263S0.00 CONSULTING 09 AMOUNT DUE TUTS ESTIINAT& 56,651100 Z57his APPROVED BY: KEITH FOLSOM DATE FACILITIES MAINTENANCESUPERINTENDENT C� a 1 Idolp SID PICARD DA GULF COAST ELECTRIC CO., INC. AFFIDAVIT OF BILLS PAID State of Texas County of Jefferson Gulf Coast Electric Co. Inc. by and through Sid Picard its Owner does hereby and herewith declare that all labor, bills for materials, for supplies, utilities and for all other things furnished or caused to be furnished by the above named Contractor and.used in the execution of the Contract for Electrical Repairs to Loeb Water Well #1 Site — Phase I, Bid No. WU0518- l4 between Gulf Coast Electric Co. Inc., Contractor and City of Beaumont, Owner, have been fully paid, and that there are no unpaid claims or demands of subcontractors, material men, mechanics, laborers, or any other resulting from or arising out of any work done or ordered to be done by said contractor under the above identified Contract and declares: That all Federal and State Payroll Taxes and contributions for Unemployment Insurance, Old Age Pensions, Annuities, and Retirement Benefits imposed or assessed under any provision of any law, State or Federal, and measured by wages, salaries, or other remuneration paid by said Contractor to Employees of his own or Subcontractors engaged in said work, or in any operation incidental thereto have -been paid. CONTRACTOR: BY: L . Sid Picard, Owner Subscribed and sworn to before me this ep?f day of November 2018. Notary Public in and for the State of Texas %'er' DEBBIE HEA' _T ID #12364810 Jun. MyCommission Expiresq�foF�irmmt�m FINAL PAYMENT, GENERAL RELEASE, & INDEMNITY AGREEMENT STATE OF TEXAS KNOWN ALL MEN BY THESE PRESENTS: COUNTY OF JEFFERSON § That Gulf Coast Electric Co. Inc., a corporation, with an office at 2005 Pecos Street, Beaumont, TX 77701, in consideration of the payment of $6,650.00 representing the final payment under the contract dated July 10, 2018 between the undersigned and City of Beaumont covering the Electrical Repairs to Loeb Water Well #1 Site — Phase I, Bid No. WU0518-14, does hereby certify and warrant that it has been fully paid on account of said contract and does further certify and warrant that it has fully paid and satisfied all claims for work, labor, material, and supplies, equipment and all other items used or furnished by the undersigned or its subcontractor(s) or suppliers in the performance of said contract. The undersigned, in consideration of the final payment being made by City of Beaumont pursuant to such contract, does hereby release and forever discharge Gulf Coast Electric Co. Inc. from any right of lien it may have against the real property known as the Loeb Water Well #1 Site under said contract and the undersigned hereby agrees to defend, indemnify, and hold harmless City of Beaumont from and against all claims, demands and liabilities arising out of labor performed or material and equipment supplied by the undersigned or by its subcontractors or suppliers in connection with the performance of said contract. IN WITNESS WHEREOF, the undersigned lia§ caused this Release and Indemnity to be executed by its duly authorized officer this ' day of _lUD1/� /� , 20/f/ By: ATTES County0--ZC,4F�—c��, Texas V I & C-- -S , Title Before me, -DE"68--EC&, Lam, a Notary Public in and for said county, personally appeared c��y y L, acmw— and acknowledged that he/she did sign and execute the above Relase and Indemnity. DEBBIE HEASLET W ID #12354810 ���� My Commisslon Expires June 08, 2021 RESOLUTION NO. WHEREAS, on June 26, 2018, the City Council of the City of Beaumont, Texas passed Resolution No. 18-149 awarding a contract in the amount of $133,000.00 to Gulf Coast Electric Company, Inc., of Beaumont, Texas, for the Electrical Repairs to Loeb Water Well No. 1 Site — Phase I Project; and, WHEREAS, the project has been inspected by LJA Engineering, Inc., and the City of Beaumont Water Utilities Division and found to be complete in accordance with. the provisions and terms set forth in the contract; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT the Loeb Water Well No. 1 Site — Phase I Project be and the same is hereby found to be complete in accordance with the terms of the contract and are accepted; and, BE IT FURTHER RESOLVED THAT the City Manager is hereby authorized to make final payment in the amount of $6,650.00 to Gulf Coast Electric Company, 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 '61,11 PASSED BY THE CITY COUNCIL of the City of Beaumont this the 11th day of December, 2018. - Mayor Becky Ames - I:j[Tl! F[*]:Y i TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Todd Simoneaux, Chief Financial Officer 4 MEETING DATE: December 11, 2018 REQUESTED ACTION: Council consider a resolution approving an annual contract with Crabtree Barricade Systems Inc. of Beaumont, for the placement of pavement markings for use by the Public Works Department. BACKGROUND Bids were requested for an annual contract for the placement of pavement marking materials on City streets. Specifications allow for a one-year contract with the option of two renewals of one-year extensions at the same pricing as the awarded contract. Six vendors were notified with one bid being submitted by Crabtree Barricade Systems Inc. The total estimated bid for one year is $187,308.50. Bid tabulation is attached. FUNDING SOURCE Capital Program/Street Rehabilitation Program. RECOMMENDATION Approval of the resolution. RESOLUTION NO. WHEREAS, bids were solicited for an annual contract, with the option of two (2) renewals of one (1) year terms at the same pricing as the awarded contract, for the placement of pavement markings for use by the Public Works Department; and, WHEREAS, Crabtree Barricade Systems, Inc., of Beaumont, Texas, submitted a qualified bid as shown on Exhibit "A," attached hereto, in the amount of $187,308.50; and, WHEREAS, City Council is of the opinion that the bid submitted by Crabtree Barricade Systems, Inc. of Beaumont, Texas, is the lowest responsible bidder providing the best value to the City and should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT the bid submitted by Crabtree Barricade Systems, Inc., of Beaumont, Texas, for an annual contract, with the option of two (2) renewals of one (1) year terms at the same pricing as the awarded contract, for the placement of pavement markings for use by the Public Works Department in the amount of $187,308.50 be accepted by the City of Beaumont; and, BE IT FURTHER RESOLVED THAT the City Manager be and he is hereby authorized to execute a contract with Crabtree Barricade Systems, Inc., of Beaumont, Texas, for the purposes described herein. 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 11th day of December, 2018. - Mayor Becky Ames - BEAUM©NT Texas City of Beaumont, Beaumont, Texas Purchasing Division Bid Tabulation Bid Name: Annual Contract for Pavement Markings for the City of Beaumont, Texas Bid Number: TF1019-02 Bid Opening: Thursday, November 15, 2018 Contact Person: Terry Welch, Senior Buyer terry.welch@beaumonttexas.gov Phone:409-880-3107 Crabtree Barricade Systems Inc. of Beaumont, Texas submitted the only proposal for this contract. Their pricing is included on below table: i Bid Tabulation for the Annual Contract for Pavement Markings for the City of Beaumont, Texas Item No. TXDOT ITEM ITEM Estimated Quantity Unit Description Unit Price Total NO.CODE 1 662 6109 2 500 LF Work Zone Markings $ 1.50 $ 3,750.00 ' (Short Term Tab) (Ty -W) ' 2 662 6103 2 500 ' LF Work Zone Markings $ 1.50 $ 3,750.00 (Short Term Tab) (Ty -Y) ' Retroreflectorized 3 666 2105 10 000 ' LF Pavement Markings $ .50 $ 5,000.00 (4"-YellowBroken) (TY -I) ' (100 MIL) Retroreflectorized 4 666 2003 10 000 ' LF Pavement Markings $ .50 $ 5,000.00 (4"-WhiteBroken) (TY -I) ' (100 MIL) Retroreflectorized 5 666 2012 10 000 LF Pavement Markings $ .47 $ 4,700.00 ' (4"-YellowSolid) (TY -I) ' (100 MIL) Retroreflectorized 6 666 6170 10 000 LF Pavement Markings $ 47 $ 4,700.00 ' (4"-WhiteSolid) (TY -I) ' (100 MIL) Retroreflectorized 7 666 6006 500 LF Pavement Markings $ 2.00 $ 1,000.00 (4"-WhiteDotted) (TY -I) (100 MIL,) 8 666 6224 40,500 LF Pavement Sealer (4") $ .25 $ 10,125.00 (CONTINUED ON NEXT PAGE.) CJS h I tS I I --H Item No. TXDOT ITE ITEM CODE Estimated Quantity Unit Description Unit Price Total Eliminating Existing 9 677 6001 5,000 LF Pavement Markings and $ .55 $ 2,750.00 Makers (4") 10 678 6001 40 500 ' LF Pavement Surface Preparation $ .15 $ 6,075.00 for Markings (4") ' Retroreflectorized 11 666 2120 2 500 LF Pavement Markings $ 80 $ 2,000.00 ' (6"-YellowSolid) (TY -I) ' (100 MIL) Retroreflectorized 12 666 2024 2 500 ' LF Pavement Markings $ 80 $ 2,000.00 (6"-WhiteSolid) (TY -1) ' (100 MIL) 13 666 6225 5,000 LF Pavement Sealer (6") $ .50 $ 2,500.00 Eliminating Existing 14 677 6002 1,000 LF Pavement Markings and $ 1.00 $ 1,000.00 Markings and Makers (6") 15 678 6002 5 000 LF Pavement Surface Preparation $ .35 $ 1,750.00 ' for Markings (6") ' Retroreflectorized 16 666 6036 1 500 LF Pavement Markings $ 1.25 $ 1,875.00 ' (8"-WhiteSolid) (TY -I) ' (100 MIL) Retroreflectorized Pavement 17 666 6030 50'0 LF Markings (8"-WhiteDotted) $ 3.00 $ 1,500.00 (TY -I) (100 MIL) 18 666 6226 2,000 LF Pavement Sealer (8") $ .75 $ 1,500.00 (CONTINUED ON NEXT PAGE.) Item TXDOT ITEM ITEM Estimated Unit Description Unit Price Total No. NO. CODE . Quantity Eliminating Existing 19 677 6003 500 LF Pavement Markings and $ 1.75 $ 875.00 Makers (8") 20 678 6004 2000 LF Pavement Surface Preparation $ .60 $ 1,200.00 ' for Markings (8") ' Retroreflectorized 21 666 6042 2000 LF Pavement Markings $ 5.00 $ 10 000.00 ' (12"-WhiteSolid) (TY -I) ' (100 MIL) - 22 666 6228 2,000 LF Pavement Sealer (12") $ 2.50 $ 5,000.00 Eliminating Existing 23 677 6005 500 LF Pavement Markings and $ 3.00 $ 1,500.00 Makers (12") 24 678 6006 2000 LF Pavement Surface Preparation $ 1.50 $ 3000.00 ' for Markings (12") ' Retroreflectorized 25 666 6048 1 000 LF Pavement Markings $ 10.00 $ 10 000.00 ' (24"-WhiteSolid) (TY -1) ' (100 MIL) 26 666 6230 1,000 LF Pavement Sealer (24") $ 5.00 $ 5,000.00 Eliminating Existing 27 677 6007 500 LF Pavement Markings and $ 6.00 $ 3,000.00 Makers (24") 28 678 6008 1,000 LF Pavement Surface Preparation $ 3.00 $ 3,000.00 for Markings (24") Prefabricated Pavement 29 668 6054 25 EA Markings (Arrow -White) $ 300.00 $ 7,500.00 (TY -I) (100 MIL,) (CONTINUED ON NEXT PAGE.) } 30 666 6231 25 EA Pavement Sealer (Arrow) $ 50.00 $ 1,250.00 31 678 6009 25 EA Pavement Surface Preparation $ 25.00 $ 625.00 for Markings ( Arrow) Prefabricated 32 668 6057 25 EA Pavement Markings $ 375.00 $ 9,375.00 (DoubleArrow- White) (TY -I) (100 MIL) 33 666 6234 25 EA Pavement Sealer $ 75.00 $ 1,875.00 (Double Arrow) 34 678 6010 25 EA Pavement Surface Preparation $ 50.00 $ 1,250.00 for Markings ( DoubleArrow) Prefabricated 35 668 2096 25 EA Pavement Markings $ 305.00 $ 7,625.00 (Word- White) ( TY -1) (100 MIL) 36 666 2220 25 EA Pavement Sealer $ 100.00 $ 2,500.00 (Word) 37 678 6016 25 EA Pavement Surface Preparation $ 75.00 $ 1,875.00 for Markings (Word) Prefabricated 38 668 6093 25 EA Pavement Markings $ 650.00 $ 16,250.00 (RR -Xing —White) (TY -I) (100 MIL) 39 666 6242 25 EA Pavement Sealer (RR -Xing) $ 150.00 $ 3,750.00 40 678 6020 25 EA Pavement Surface Preparation $ 100.00 $ 2,500.00 for Markings (RR -Xing) (CONTINUED ON NEXT PAGE.) TXDOT Item ITEM ITEM Estimated Unit Description Unit Price Total No. NO. CODE Quantity Retroreflectorized 41 666 6099 25 EA Pavement Markings $ 35.00 $ 875.00 (18"-Yield Triangle-White) (TY-I) (100 MIL) 42 666 6243 25 EA Pavement Sealer $ 15.00 $ 375.00 (18"- Yield-Triangle) Pavement Surface Preparation 43 678 6022 25 EA for Markings $ 10.00 $ 250.00 (18"- Yield Triangle) Retroreflectorized 44 666 6102 25 EA Pavement Markings $ 50.00 $ 1,250.00 (36"-Yield Triangle-White) (TY-I) (100 MIL) 45 666 6244 25 EA Pavement Sealer $ 30.00 $ 750.00 (36" Yield Triangle) Pavement Surface Preparation 46 678 6023 25 EA for Markings $ 15.00 $ 375.00 (36"- Yield Triangle) Retroreflectorized 47 666 6105 25 EA Pavement Markings TY I (W) $ 275.00 $ 6,875.00 (Bike Share -Arrow) (100MIL) 48 666 9999 25 EA Pavement Sealer $ 100.00 $ 2,500.00 (Bike Share -Arrow) Pavement Surface Preparation 49 678 6026 25 EA for Markings $ 75.00 $ 1,875.00 (Bike Share -Arrow) Retroreflectorized 50 666 6245 25 EA Pavement Markings TY I (W) $ 195.00 $ 4,875.00 (Bike Symbol) (100MIL) (CONTINUED ON NEXT PAGE.) Item TXDOT ITEM ITEM Estimated Unit Description Unit Price. Total No. NO. CODE Quantity 51 666 6245" 25 EA Pavement Sealer $ 100.00 $ 2,500.00 (Bike Symbol) Pavement Surface Preparation 52 678 6028 25 EA for Markings $ 50.00 $ 1,250.00 (Bike Symbol) Mobilization — 53 one-time payment, $3,633.50 not to exceed 2% of the adjusted contract amount (Performance and Payment Bonds) TOTAL: $187,308.50 J BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Dr. Joseph Majdalani, P.E., Public Works Director MEETING DATE: December 11, 2018 REQUESTED ACTION: Council consider a resolution authorizing the execution of a License to Encroach Agreement with Ashley Suson. I: �C�;Sl1Z�17J�f I� There are two (2) existing structures located at 9115 Josey Street encroaching onto a five foot (5') sewer easement in a 0.254 acre tract out of Gulf Terrace Addition. The pool deck and bath house encroaches 2' to 5' within the easement. The request from Ashley Suson was submitted to all city departments and utility companies with no objections. The City Utilities Department and Entergy approved the license to encroach with the following conditions: The City of Beaumont will not be responsible for any damages to the structures (pool deck or bath house) if the sewer mains should ever develop a cavity or due to any repairs to the City mains by City crews or contractor crews hired by the City. The City of Beaumont shall not be responsible for the repair and replacement of the pool or other structures within the Easement property. Entergy will require the owner to sign a separate encroachment agreement because the pool is in violation of Entergy's clearance specifications. The agreement will be filed in the County Clerk Office as permanent record. The License Agreement protects the City from liability and provides a thirty (3 0) day cancellation clause. FUNDING SOURCE There is a one time non-refundable fee of $500 from Ashley Suson for the License to Encroach. RECOMMENDATION Approval of the resolution. RESOLUTION NO. WHEREAS, Ashley Suson has requested that the City of Beaumont grant a License to Encroach into one (1) five foot (5') sewer Easement at 9115 Josey Street, which is described as being in Lot 9, Block 21, Dowlen West Subdivision and part of Tract II which is described as being a 0.4847 acre tract in the H. Williams Survey, Abstract No. 56, to the City of Beaumont. The encroachment being two (2) existing structures overlapping ,2' to 5' into the five foot (5') sewer easement as described in Exhibit "A" and shown on Exhibit "B," attached hereto and made a part hereof for all purposes; and, WHEREAS, City staff has expended considerable time and effort in investigating the effect of such encroachment upon the City easement and utilities therein; and, WHEREAS, it appears that it would be equitable to allow such encroachment at this time; 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 a License to Encroach with Ashley Suson to encroach into one (1) five foot (5') sewer easement at 9115 Josey Street, which is described as being in Lot 9, Block 21, Dowlen West Subdivision and part of Tract II which is described as being a 0.4847 acre tract in the H. Williams Survey, Abstract No. 56, to the City of Beaumont. The encroachment being -two (2) existing structures overlapping 2' to 5' into the five foot (5') sewer easement, as described in Exhibit "A" and shown on Exhibit "B," attached hereto and made a part hereof for all purposes. 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 11th day of December, 2018. - Mayor Becky Ames - LICENSE TO ENCROACH STATE OF TEXAS X ALL MEN BY THESE PRESENTS: COUNTY OF JEFFERSON X On the date last indicated below, the City of Beaumont, a municipal corporation, of Beaumont, Jefferson County, Texas, herein called "Licensor" and Ashley Suson, owner, hereinafter called "Licensee", contracted and agreed as set forth herein. Licensee desires a license from Licensor to use that real property (the subject of this license agreement) described as follows: Said encroachment being two (2) structures overlapping a 5'(five foot) sewer easement from 2' to 51on a 0.254 acre tract out of Gulf Terrace Addition (9115 Josey Street). Said encroachment is shown on Exhibit "A", attached. Subject property may continue to be occupied and used by Licensee solely in connection with the existing structures,; and for incidental purposes related thereto during the term of this license or until termination thereof. Said license shall terminate upon removal or demolition of said encroachment. Substantial improvements shall not be made upon any encroachment without first obtaining the written consent of Licensor and giving notice to Licensor in writing of how, when and to what extent such improvements are to be made. A copy of this license shall be attached to such notice. Substantial improvement means any repair, construction, or improvement of a structure, the cost of which equals or exceeds twenty-five percent (25%) of the market value of the structure either: (1) before the improvement or repair is started; or (2) if the structure has been damaged and is being restored, before the damage occurred. For the purposes of this definition, "substantial improvement" is considered to occur when the first alteration of any portion of the structure commences, whether or not that alteration affects the external dimensions of the structure. The term does not, however, include any projects or improvements of a structure to comply with existing state or local health, sanitary, or safety code specifications which are solely necessary to protect the health, safety and welfare of the public, inhabitants, or users of such structure. In the event the City of Beaumont, by resolution of the City Council, determines it needs the subject property, or any part thereof, for the benefit of the City or to protect the health, safety or welfare of the public, and it terminates this license or any part thereof, Licensee shall not receive any compensation and the City of Beaumont shall not be liable therefore, whether for the value of property taken, damage to the abutting or remaining property or improvement, loss of business or profit, loss of access, or otherwise. Page 1 of 4 EXHIBIT "A" Licensee shall at all times indemnify and hold harmless Licensor and any franchised entity of licensor against, and pay in full, for all claims, losses, damages, law suits, attorney's fees, costs, judgments or expenses, that Licensor and any franchised entity of Licensor may sustain, incur, be required to pay or become liable for, resulting in any manner from the construction, maintenance, use, state of repair, or presence of such encroaching structure. Licensor, and any franchised entity of Licensor, reserves the right to.make improvements, perform maintenance and construction to the right-of-way or premises covered by this license where such is deemed necessary for the health, welfare and safety of the community. In doing so, Licensor and any franchised entity of Licensor shall not be liable to Licensee for any damage occasioned thereby and Licensee shall not be entitled to prosecute or maintain a claim against such parties for any such damage sustained by Licensee to said encroaching structure or any abutting or attached structures, improvements or land caused by the removal or alteration of any encroachment. In addition, Licensee shall reimburse Licensor and any franchised entity of Licensor any additional costs resulting from the encroachment. Licensor will not be responsible for any damages to the structures if the sanitary sewer line or the storm sewer should ever develop a cavity or due to any repairs to the Licensor main by Licensor crews. The Licensor shall not be responsible for the repair and replacement of any paving or other structures within the Easement property. Licensee shall not permit trees, shrubs, plants, or any object to be placed on the subject property in such a manner as to obstruct the view of traffic. In addition, Licensor will not be responsible for any damages to the structure if the sewer main should ever develop a cavity or due to any repairs to the Licensor main by Licensor crews. As part of the consideration for this agreement, Licensee shall pay to Licensor the sum of Five Hundred Dollars ($500.00). Said sum being non-refundable. This license shall be recorded in the Real Property Records in the Office of the County Clerk of Jefferson County, Texas by Licensor. This agreement is terminable by either parry by giving written notice to the other specifying the date of termination. Said notice shall be given not less than thirty (30) days prior to the termination date, therein specified, and shall be recorded in the Real Property Records in the Office of the County Clerk of Jefferson County, Texas by Licensor. This license is neither assignable nor transferable except in conjunction with, and as part of, Licensee's conveyance of all the abutting property this license serves, through probate or warranty deed or lease. In any such event, Licensor shall be notified of such occurrence by being delivered a copy of the document or documents conveying or leasing the same. Page 2 of 4 Any notice to Licensor shall be sufficient if it is mailed or hand delivered to the Office of the City Engineer, City of Beaumont, P.O. Box 3827, Beaumont, Texas 77704. Any notice to Licensee or their successors shall be sufficient if mailed or hand delivered to Property Owner at 9115 Josey Street, Beaumont, Texas 77707. IN WITNESS, WHEREOF, the parties hereto have executed this agreement as of the day of , 2018. LICENSOR: LICENSEE: CITY OF BEAUMONT IM Kyle Hayes, City Manager Ashley Suson Page 3 of 4 ACKNOWLEDGMENTS STATE OF TEXAS X COUNTY OF JEFFERSON X This instrument was acknowledged before me on the day of , 2018, by Kyle Hayes, City Manager of the City of Beaumont, a municipal corporation, on behalf of said corporation. Notary Public, State of Texas STATE OF TEXAS X COUNTY OF JEFFERSON X This instrument was acknowledged before me on the day of , 2018, by Ashley Suson. RETURN TO: City of Beaumont Antoinette Hardy - Engineering P. O. Box 3827 Beaumont, Texas 77704 Notary Public, State of Texas Page 4 of 4 'SURVEY' PL—IL— PIPELLY$' /[ COYEREA>XItGSf /,.P. c1mix-L INK FENCE —T—r— Tsts�1104-LhYp GIMM Cum G v OR 0=80 6P 4r. "WALE; -t"- 30, jvd, - w OR. Po)MRE& MR4C.T'6. CI'M?&A. MA)?TIM.. TAX P #. 026850-060606-:8 PAUL: A10012V, '0,6VERik-'P, ILE 00009425063 JC&A ' HECEi7CA MOR,44tRA' CMPRK FILE # .0000852:774f JCRpfi numD 516- IROMROD RAVEyrM, ht -Val. flat, PAIMI-lao . JCDR P. 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The dbave -frad 'being located BEAUMONT, TENS _Z7707:_ (Lnot,bdnq described av_A..*d.254 ACRE TRACOUT OF CULP TERRArf ADDITION as. rewded in'Volum.c-5 -Yogo 49 Of. the' --JfAP- RecrDrd.T-,of- JEPr4,R.S0N Count�; Tc;� '.!In thith**'ihe'FLabd..'Iii=?-anct,'-R4ic Map of lhu'Fed I IN, gnc-y �nflgo,-o.11,1 A�uncy, map rq�o,dnce. .0 .7hawn, the subject -?A,xp Was dole )") �n d y :.Ie A field I' nott dolormine'd tiadt flood z6��'-notcd. Location aner" lli�Iads roqlm:s&� MUST Engineering and Surveying, Inc..do. not ?Vowrann7 or cilkal ribs at ',acy or -�cNe-of ID -RICnARD F. FAUST v f REGISTERED PROFESSIONAL -stjjjV.8y.qR X0'. .4782: FtB 21, 2062 f tOYMMAPS ''DRAWAGE-EASEI(��rmsus'Tra 3.HUILDINO.OVEHWs 6MOW k4S6Z,r AND -PPOFM=.. Ljkf FEMA. flood 'Zone: R /Q.Yek%T PdnblNQ;: ........... tj4 FA S T.m .�wwl -Dal A�92 :L0 R N. M ENGINEPERING AND SURVEYING, INC, "Street We� FOUND 1/-*.' -A. 11w -,Rqb .252.6 Craldcr.- MET , - q,?�'67' a . 6r.) .27.77' (UALMIFRJVZZ?2�`J� . 9-Z I v V171) POND; 1/2- inam RDA. NO It" OR: FORAMAY 'gaj-FILE, # 0097320 Ak: . . 7 '1 L DESCRIPTION OF SER VjCgS. c TO ThT--MENM0LbrI?8 AMD10k - s ItV jpj?EAfj$BS- SUMMD Phd ii7iderzrgncd do6s her.e6ji VakifV "that Jkv'-s,imy ivas this &y.. . .-PED"24'. 2002 .7n -ad,.. Me.* 'describo 6n*WLQ qvoz�nd of. .property legally 4 hir6n and. is udrr4c;(; and that "Utarg are -nd discrepandos.,conf.licts. shqriagrbs vf..arqc� bawidmry Ifte conjjicjs, 'cne .d.dbhmanjs, my, - tep) :-.�;howm hereon and that said77pp c4soments or r[ohl. 6f, te ac&vs 10 dad Irom ` -aeo!��atvd �occdway. 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Hook_ffc.: q4 -g M ENGINEPERING AND SURVEYING, INC, "Street .252.6 Craldcr.- Project Nn, '9.405-079• 6auntout, 'Teaa's •7770? ram I-e-1ket Ave Smelkar Ave Srikpar Ave Smelker Ave srflefkef 'Ave C I i2rn mon s Aif e AvC, Greoves Ave Greeves Ave O Ln G? W- BEAUMONT TEXAS REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS DECEMBER 11, 2018 1:30 PM AGENDA CALL TO ORDER * Invocation Pledge Roll Call Presentations and Recognition Public Comment: Persons may speak on scheduled agenda items 4-9/Consent Agenda Consent Agenda GENERAL BUSINESS 1. Consider a request for a Specific Use Permit to allow a cell tower in a GC -MD -2 (General Commercial Multiple Family Dwelling -2) District located at 5250 Helbig Road 2. Consider a request for a Specific Use Permit to allow a church in an LI (Light Industrial) District located at 7890A College Street 3. Consider a request for a Specific Use Permit to allow a mother-in-law apartment in an R -S (Residential Single Family Dwelling) District located at 1220 Wilchester Circle 4. Consider a resolution approving the purchase of a fire truck 5. Consider a resolution approving the purchase of a 15 -Ton Crane for use in the Water Utilities Department 6. Consider a resolution authorizing the City Manager to execute an Earnest Money" Contract and other related documents for the sale of a 0.6244 acre city -owned property located in the 700 Block of Laurel Avenue 7. Consider an ordinance amending the design manual to address the location of small cell support poles 8. Consider an ordinance amending Chapter 14 of the Code of Ordinances to implement regulations in the installation of small cells in Beaumont 9. Consider a resolution authorizing the City Manager to execute Change Order No. 5, accept maintenance, and authorize final payment to MK Constructors for the Northwest Parkway Project WORK SESSION * Review and discuss adding shade structures over the bleachers at Complex 2 located at the Athletic Complex 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 Rex Johnson 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. t 1 December 11, 2018 Consider a request for a Specific Use Permit to allow a cell tower in a GC -MD -2 (General Commercial Multiple Family Dwelling -2) District located at 5250 Helbig Road BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager oo PREPARED BY: Chris Boone, Planning & Community Development Director MEETING DATE: December 11, 2018 REQUESTED ACTION: Council consider a request for a Specific Use Permit to allow a cell tower in a GC -MD -2 (General Commercial Multiple Family Dwelling -2) District located at 5250 Helbig Road. BACKGROUND Eco -Site, L.L.C. is requesting a cell tower in a GC -MD -2 (General Commercial Multiple Family Dwelling -2) at 5250 Helbig Road. Recently, this property was rezoned from NC (Neighborhood Commercial) to GC -MD -2 (General Commercial -Multiple Family Dwelling -2) District, as a cell tower cannot be requested in NC zoning. It should be noted that this property is also occupied by a church. Due to future expansion plans, the only place the church is willing to locate a cell tower is to the very rear of the property, placing it adjacent to RS (Residential Single Family Dwelling) zoned property. The Zoning ordinance requires that "Cellular telephone transmission towers shall be prohibited within two hundred (2 00) feet of a residentially zoned property. " At a Joint Public Hearing held on November 19, 2018, the Planning Commission recommended; 7:0 to approve the request for a Specific Use Permit to allow a cell tower in a GC -MD -2 (General Commercial Multiple Family Dwelling -2) District with the following conditions: 1. Applicant shall apply for and.must receive a Variance to the required 200' setback from residentially zoned property for a cellular telephone transmission tower. 2. Eight (8) foot wooden privacy fence to be placed along perimeter of lease site. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the ordinance with the following conditions: 1. Applicant shall apply for and must receive a Variance to the required 200' setback from residentially zoned property for a cellular telephone transmission tower. 2. Eight (8) foot wooden privacy fence to be placed along perimeter of lease site. SPECIFIC USE PERIVHT APPLICATION BEAUMONT, TEXAS (Chapter 28, City Codes) TO: TILE PLANNING COMMISSION AND CITY COUNCIL, CITY OF BEAUMONT, TEXAS Eco -Site II, LLC APPLICANTS NAME: APPLICANTS ADDRESS: 240 Leigh Farm Rd.,_ Suite #230 Durham, NC 27707 APPLICANTS PHONE #: 919-948-3919 FAx #- NAME OF PROPERTY OWNER: New Faith Holiness Church, Inc ADDRESS OF PROPERTY OWNER: 9285 Riggs St Beaumont, TX 77707 LOCATION OF PROPERTY: 5250 Helbig Rd., Beaumont, TX LEGAL DESCRIPTION OF PROPERTY: LOTNO. 12 & 13 BLOCK NO. 3 ADDITLON BIGNER WEBER NUMBER OF ACRES 85-B OR TRACT PLAT D 21 SURVEY NUMBER OF ACRES —4; 99 0,--2 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. PROPOSEDUSE. WIRELESS COMMUNICATION SITE zmxz GC -MD -2- 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 ofthis sheet. ATTACH A REDUCED 8 %" X 11" PHOTOCOPY OF THE SITE PLAN. THE EIGHT CONDITIONSS 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 Y2 ACRE. V� ACRE OR MORE AND LESS THAN 5 ACRES...................$450.00 5 ACRES OR MORE, I, being the undersigned applicant, understand that all of the a site plan shall be adhered to as amended and approved by City SIGNATURE OF APPLICANT: SIGNATURE OF PROPERTY OWNER: PLEASE TYPE OR PRINT AND SUBMIT TO: FILE NUMBER: Z d J� building sizes, landscaping and parking areas depicted on the s CITY OF BEAUMONT PLANNING DIVISION 801 MAIN STREET, ROOM 201 BEAUMONT, TX 77701 Phone - (409) 880-3764 Fax- (409) 880-3110 . JUNE 5, 2015 -J-4(y /0j -'MA PLEASE MAKENOTE ON REVERSE SIDE OF CONDMONS TO BE METREGARDINGTHE SrM PLAN AM LErDE R OP PROPOSED USES AMID ACTM71ES. EBI Consulting.. 21 B Street Burlington, MA 01803 environmental engineering due -diligence Tel: (781) 273 2500 g 9 9 www'ebiConsultincl.com July 17, 2018 Planning Department City of Beaumont 801 Main Street Beaumont, Texas 77701 EBI Consulting, acting as agent for Eco -Site 240 Leigh Farm Rd. #230 Durham, NC 27707 hereby requests a Specific Use Permit to erect a 100' cell tower at 5250 Helbig Rd, Beaumont, TX. The proposed project would be built on 3600 square feet of land under a longterm lease from New Faith Holiness Church, Inc. per the site plan and survey. The tower would include antennas and radio equipment to initially accommodate T -Mobile but is designed to handle multi-carrjer collocations. The site will be unmanned and as such will not require connections to the city water or sewer systems. Upon approval of the Specific Use Permit a Building Permit will be applied for. The site will be designed and engineered -to meet or exceed all Federal, State and local building and safety codes including wind loading requirements. After the initial construction period, it is anticipated that vehicular traffic to the site will average about one trip per month. Impact to local streets will therefore be negligible. Access to the site would actually be from Helbig Rd utilizing an existing curb cut and paved parking area. The proposed location is within.a "GC -MD" zoned district and is surrounded to the West by "R -S" zoned district. To the South and East by "GC -MD" and to the North by "R -S" district. As the nearest residential zoning district (R -S) is less than 200 feet from the tower centerline Eco -Sites is requesting the City of Beaumont Board of Adjustments to provide a Waiver from the normally required setback distances. Previously sent documents are: Response to the Eight SUP conditions, a city zoning map identifying the site location, an aerial map calling out the distance to the nearest residential zoned district, an aerial map calling out the required 200' notification area, a site plan and proposed tower elevation drawings, a legal Metes and Bounds description of the Eco -Sites lease area, and an 8 %" x 11" copy of the proposed site plan. ENVIROBUSINESS, INC. LOCATIONS I ATLANTA, GA I BALTIMORE, MD I BURLINGTON, MA I CHICAGO, IL DALLAS, TX I DENVER, CO I HOUSTON, TX I LONG BEACH, CA I NEW YORK, NY I PHOENIX, AZ PORTLAND, OR I RICHMOND, VA I SEATTLE, WA I YORK, PA EBI Consultin 21 BStreet - - --- AA g Burlington, MA 01803 am environmental I engineering due diligence Tel: (781) 273-2500 9' g l 9 www.ebiconsulting.com Thank you, Jamie R. Miller Site Acquisition Specialist EBI Consulting, Inc Agent for Eco -Sites ENVIROBUSINESS, INC. LOCATIONS I ATLANTA, GA I BALTIMORE, MD I BURLINGTON, MA I CHICAGO, IL DALLAS, TX I DENVER, CO I HOUSTON, TX I LONG BEACH, CA I NEW YORK, NY I PHOENIX, AZ PORTLAND, OR I RICHMOND, VA 1 SEATTLE, WA I YORK, PA ALL PROCESSES AND ACTIVITIES INVOLVED WITH PROPOSED USES The granting of the requested wireless communications site would actually be in the public interest as the proposed cellular phone transmission site is designed and intended to resolve a significant gap in T -Mobile's wireless service. As the majority of E-911 calls are now made from wireless devices, having increased and improved high speed voice and data capabilities as well as enhanced E-911 service in this neighborhood is very much in the public's interest. Upon approval, a 3 -6 -week construction period (depending on weather) in which the ground will be cleared and a tower will be installed. After completion of installation of tower, the various carrier would make a quarterly site visit to check equipment. SECTION 28.04.001, ZONING ORDINANCE REQUIRES THAT THESE EIGHT CONDITIONS MUST BE MET BEFORE A SPECIFIC USE PERMIT CAN BE ISSUED: o 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; - The proposed site offers multiple benefits including resolving a significant gap in T -Mobile's wireless service. Additionally, the location of this tower will provide enhanced E911 coverage for users of the system. Moreover, the proposal furthers the City's policy of collocation by being designed to accommodate up to three additional carrier's antennas. The proposed site enhances the general welfare of the community by providing the infrastructure for E911 calls, as well as providing vital means of communication during times of emergency when traditional land lines are not available or in cases of power failure. o That the establishment of the specific use will not impede the normal and orderly development and improvement of surrounding vacant property; - The facility will be fenced and locked, accessed by a private drive. The facility will emit no noise, glare or odor, and will have no signage other than those required by the FCC for identification. The facility will comply with the strict guidelines of the FCC and FAA, which are designed to protect public safety. To ensure structural integrity of the tower, Eco -Site II, LLC will construct and maintain it in compliance with all federal, state, and local building codes and standards, and it will be engineered to local wind speed requirements. o That adequate utilities, access roads, drainage and other necessary supporting facilities have been or will be provided; - This facility will be constructed in strict compliance with all applicable building and safety codes enacted by the City of Beaumont, and will not, unless granted an exception by this Board, violate any other applicable ordinance, regulation, or statute enforceable by the City. o 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; - This facility will be constructed in strict compliance with all applicable building and safety codes enacted by the City of Beaumont, and will not, unless granted an exception by this Board, violate any other applicable ordinance, regulation, or statute enforceable by the City. o That adequate nuisance prevention measures have. been or will be taken to prevent or control offensive odor, fumes, dust, noise and vibration; - The facility will be fenced and locked, accessed by a private drive. The facility will emit no noise, glare or odor, and will have no signage other than those required by the FCC for identification The facility will comply with the strict guidelines of the FCC and FAA, which are designed to protect public safety. To ensure structural integrity of the tower, Eco -Site II, LLC will construct and maintain it in compliance with all federal, state, and local building codes and standards, and it will be engineered to local wind speed requirements. o That directional lighting will be provided so as not to disturb or adversely affect neighboring properties; - This facility will be constructed in strict compliance with all applicable building and safety codes enacted by the City of Beaumont, and will not, unless granted an exception by this Board, violate any other applicable ordinance, regulation, or statute enforceable by the City. o That there are sufficient landscaping and screening to insure harmony and compatibility with adjacent property; - This facility will be constructed in strict compliance with all applicable building and safety codes enacted by the City of Beaumont, and will not, unless granted an exception by this Board, violate any other applicable ordinance, regulation, or statute enforceable by the City. o That the proposed use is in accordance with the Comprehensive Plan. - The proposed site offers multiple benefits including resolving a significant gap in T -Mobile's wireless service. The location of this tower will provide enhanced E911 coverage for users of the system Moreover, the proposal furthers the City's policy of collocation by being designed to accommodate up to three additional carrier's antennas. - The proposed site enhances the general welfare of the community by providing the infrastructure for E911 calls, as well as providing vital means of communication during times of emergency when traditional land lines are not available or in cases of power failure. N PROPOSED 2500 SQ FT FENCED COMPOUND ASSUMED I C IN PANEL #48199CO550F, DATED OCTOBER 6, 2010 AND IS IN THE BASE FLOOD ZONE "X" AND IS NOT IN A FLOOD ZONE. W -94.144206' NAD83 PROPOSED 12'x15' T -MOBILE LEASE REA FOR ELEVATED PLATFORM 50'-0" 25'-0' 12'-0' PROPERTY LINE r-----------1 --- ----- I `- -----� I I ii �l I w 31' - PROPOSED 100' MONOPOLE / TOWER f PROPOSED UTILITY H -FRAME PROPOSED 12' GATE 12' GRAVEL ACCESS DRIVE / GRAPHIC SCALE: 1"=20' 0' 20' 40' 60' APPLICANT/OWNER Ecc,-Situ LEASE EXHIBIT FOR 240 LEIGH FARM ROAD TX0212 / EASTEX SUITE 415 ILLUSTRATIVE DURHAM, NC 27707 OFFICE: (919)858-6448 A3H0136A 5160 HELBIG ROAD PURPOSES ONLY PREPARED BY. BEAUMONT, TX 77707 l M EBI Consulting NOT FOR CONSULTANT: DRAWN BY: JAJ I CHECKED BY: JRG EBI PROJECT ECO—SITE PROJECT f:DATE environmental I engineering I due diligence ODISCOM, LLC 8301 LAKEVIEW PARKWAY, 8117000413 TX -0212 06-19-17 CONSTRUCTION 21 B STREET BURLINGTON, MA 01803 STE 111-123 REVISIONS: SCE A106115118 MOVELEASEPA (800) 786-2346 ROWLETT' TX 75088 B 08122118 MOVE LEASE SPACE (903)634-7552 WWW.ODISCOM.COM NOTE: ALL INFORMATION ON THIS PAGE IS PROVIDED BY ECO -SITE AND/OR OTHERS AND IS SHOWN, FOR ILLUSTRATIVE PURPOSES ONLY. CONTRACTOR SHALL CONTACT THE ECO -SITE CONSTRUCTION MANAGER PRIOR TO CONSTRUCTION TO VERIFY CURRENT RFDS AND FOR ALL DETAILED ANTENNA, MOUNT, TMA, COAX CABLE AND HYBRID CABLE INFORMATION. APPLICANT/OWNER Ecc)-Situ 240 LEIGH FARM ROAD SUITE 415 DURHAM, NC 27707 OFFICE: (919)B58-6448 PREPARED BY: EBI Consulting errvlronmental I engineering I due diligence 21 B STREET BURLINGTON, MA 01803 (800) 786-2346 TOP OF LIGHTENING ROD EL. 110' A.G.L ,BILE ANTENNAS EL. 100' A.G.L SCALE: NOT TO SCALE LEASE EXHIBIT TX0212 / EASTEX A3H0136A 5160 HELBIG ROAD BEAUMONT, TX 77707 FO R ILLUSTRATIVE PURPOSES ONLY CONSULTANT: DRAWN BY: JAJ CHECKED BY: JRG NOT FOR ODISCOM, LLC EBI PROJECT III ECO—SITE PROJECT * DATE 8301 LAKEVIEW PARKWAY, 8117000413 TX -0212 06-19-17 CONSTRUCTION STE 111-123 REVISIONS: ROW -ETT, TX 75088 A 06115/18 1 MOVE LEASE SPACE (903)634-7552 B 08/22118 MOVE LEASE SPACE WWW.ODISCOM.COM ORDINANCE NO. ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A CELLUAR TOWER IN A GC - MD -2 (GENERAL COMMERCIAL MULTIPLE FAMILY DWELLING -2) DISTRICT AT 5250 HELBIG ROAD IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS, Eco -Site, L.L.C. has applied for a specific use permit to allow a cellular tower in a GC -MD -2 (General Commercial -Multiple Family Dwelling -2) District at 5250 Helbig Road, as described in Exhibit "A" and shown on Exhibit "B," 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 cellular tower in a GC -MD -2 (General Commercial -Multiple Family Dweling-2) District at 5250 Helbig Road, subject to the following conditions: ; and, • Applicant shall apply for and must receive a Variance to the required 200' setback from residentially zoned property for a cellular telephone tower • Eight (8) foot wooden privacy fence to be placed along perimeter of lease site WHEREAS, the City Council is of the opinion that the issuance of such specific use permit to allow a cellular tower 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 cellular tower in a GC -MD -2 (General Commercial -Multiple Family Dwelling -2) District at 5250 Helbig Road, as described in Exhibit "A and shown on Exhibit "B," is hereby granted to Eco -Site, L.L.C., its legal representatives, successors and assigns, as shown on Exhibit "C," attached hereto and made a part hereof for all purposes, subject to the following conditions: • Applicant shall apply for and must receive a Variance to the required 200' setback from residentially zoned property for a cellular telephone tower • Eight (8) foot wooden privacy fence to be placed along perimeter of lease site. Section 2. That the specific use permit herein granted is expressly issued for and in accordance with each particular and detail of the site plan attached hereto as Exhibit "C" and made a part hereof for all purposes. Section 3. Notwithstanding the site plan attached hereto, the use of the property 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. LEGAL DESCRIPTION FOR ORDINANCE PURPOSES ACCESS AND UTILITY EASEMENT (A.U.E.) DESCRIPTION (AS SURVEYED): METES and BOUNDS of a 0.21 -acre (9,132 square feet) tract of land, out of a called Tract 85-B and Lots 13 and 12, Block 3, Weber King Addition, recorded under Volume 4, Page 20 Map Records of Jefferson County, Texas (M.R. J.C.T.), conveyed to New Faith Holiness Church, Inc., by deed recorded under Clerk's File No. (C.F.) 2017018742 in the Official Public Records of Jefferson County, Texas (O.P.R. J.C.T.), located in the F. BIGNER SURVEY, Abstract 1, Jefferson County, Texas, and said 0.21 -acre tract of land is described as follows: 11 COMMENCING at a 5/8 -inch iron rod, found in the northeast right-of-way (R.O.W.0) line of Helbig Road (40 foot public'Right-of-Way), for the south corner of said New Faith Holiness Church, Inc. tract and the west corner of that certain called 10.212 acres described in Deed to Plymouth Village, recorded under C.F. 846759 O.P.R. J.C.T.; THENCE North 35°34'19" West, along and with the northeast R.O.W. line of said Helbig Road, a distance of 113.79 feet to a point for the south corner of an Access and Utility Easement (A.U.E.) and the POINT OF BEGINNING; THENCE North 35°34'19" West, continuing along said northeast R.O.W. line, a distance of 20.09 feet to a point for corner, marking the west corner of the herein described tract; THENCE North 59°57'49" East, a distance of 66.50 feet to an angle point of the herein described tract; THENCE North 32°58'15" East, a distance of 29.54 feet to an angle point of the herein described tract; THENCE North 17° 10'54" East, a distance of 20.52 feet to an angle point of the herein described tract; THENCE North 32°58'15" East, a distance of 328.88 feet to a point for corner in the south line of a Lease Site, marking the northwest corner of the herein described tract; THENCE North 86°43'41" East, along said south line, a distance of 24.80 feet to a set 5/8 inch iron rod with cap stamped "Landpoint 10194172", marking the southeast corner of said Lease Site, also being the northeast corner of the herein described tract; THENCE South 32°58'15" West, a distance of 340.77 feet to an angle point of the herein described tract; THENCE South 1710'54" West, a distance of 20.52 feet to an angle point of the herein described tract; THENCE South 32°58'15" West, a distance of 37.11 feet to an angle point of the herein described tract; THENCE South 59°57'49" West, a distance of 69.37 feet to the POINT OF BEGINNING and containing a computed 0.21 acres (9,132 square feet) of land. EXHIBIT "A" LEASE SITE (L.S.) DESCRIPTION (AS SURVEYED): METES and BOUNDS of a 0.06 -acre (2,500 square feet) tract of land, out of a called Tract 85-B and Lots 13 and 12, Block 3, Weber King Addition, recorded under Volume 4, Page 20 Map Records of Jefferson County, Texas (M.R. J.C.T.), conveyed to New Faith Holiness Church, Inc., by deed recorded under Clerk's File No. (C.F.) 2017018742 in the Official Public Records of Jefferson County, Texas (O.P.R. J.C.T.), located in the F. BIGNER SURVEY, Abstract 1, Jefferson County, Texas, and said 0.06 -acre tract of land is described as follows: COMMENCING at a 5/8 -inch iron rod, found in the northeast right-of-way (R.O.W.) line of Helbig Road (40 foot public Right -of -Way), for the south corner of said New Faith Holiness Church, Inc. Tract and the west corner of that certain called 10.212 acres described in Deed to Plymouth Village, recorded under C.F. 846759 O.P.R. J.C.T.; THENCE North 35°34'19" West, along and with the northeast R.O.W. line of said Helbig Road, a distance of 113.79 feet to a point for the south corner of an Access and Utility Easement (A.U.E.); THENCE North 35°34'19" West, continuing along said northeast R.O.W. line, a distance of 20.09 feet to a point for corner, marking the west corner of said Access and Utility Easement; THENCE North 59°57'49" East, a distance of 66.50 feet to an angle point of said Access and Utility Easement; THENCE North 32°58'15" East, a distance of 29.54 feet to an angle point of said Access and Utility Easement; THENCE North 17'10'54" East, a distance of 20.52 feet to an angle point of said Access and Utility Easement; THENCE North 32°58'15" East, a distance of 328.88 feet to a point for corner, marking the northwest corner of said Access and Utility Easement, also being a point in the south line of a Lease Site and the POINT OF BEGINNING; THENCE South 86°43'41" West, a distance of 6.88 feet to a set 5/8 inch iron rod with cap stamped "Landpoint 10194172", marking the southwest corner of the herein described tract; THENCE North 03°16'19 West, a distance of 50.00 feet a set 5/8 inch iron rod with cap stamped "Landpoint 10194172" in the south line of Lot 15 of said Weber King Addition, marking the northwest corner of the herein described tract; THENCE North 86°43'41" East, along the south line of said Lot 15 and 14 of said Weber King Addition, a distance of 68.33 feet to a set 5/8 inch iron rod with cap stamped "Landpoint 10194172",marking the northeast corner of the herein described tract; THENCE South 32°58' 15" West, a distance of 61.99 feet set 5/8 inch iron rod with cap stamped "Landpoint 10194172", marking the northeast corner of said Access and Utility Easement, also being the southeast corner of the herein described tract; THENCE South 86°43'41" West, a distance of 24.80 feet to the POINT OF BEGINNING and containing a computed 0.06 acres (2,500 square feet) of land. ile 2359-P: Request for a Specific Use Permit to allow a cell tower in a GC -MD -2 (General ommercial-Multiple Family Dwelling -2) District. pplicant: Eco -Site II, LLC ocation: 5250 Helbig Road 0 100 200 1 1 1 1 Feet EXHIBIT "B" NEW 12' WIDE GRAVEL ACCESS DRIVE FROM EXISTING PARKING LOTTO NEW COMPOUND SUBJECT PROPERTY IS LOCATED IN PANEL #48199CO550F, DATED OCTOBER 6, 2010 AND IS IN THE BASE FLOOD ZONE "X" AND IS NOT IN A FLOOD ZONE. LOT 15 LOT 14 FLOOD ZONE INFORMATION: BLOCK 3 LOT 16 I 68'-4° I SUBJECT PROPERTY IS LOCATED IN WEBER KING SUBDIVISION JEFFERSON COUNTY DRAINAGE DISTRICT 6 FILE ODE 102-46-21212 3 PANEL j�48157C0135L, DATED LOT 1B VOL 4, PC. 20 M.R. J.C.T. 04/02/2014 ANO IS IN THE BASE LOT 19 LOT 17 ❑❑ ,- FLOOD ZONE °X" AND IS IN A PROPERTY LINE , FLOOD ZONE c ❑ I � EXISTING LOT LINE (TYP.) y 1 EW T -MOBILE LEASE COMPOUND GRAVEL SUBGRADE. AREA NEW UTILITY H.FRAME (SEE 1/E-2 FOR DETAILS) EXISTING CHURCH BUILDING NEW LEASE AREA (2,500 SO. FT.) ECOSTAL HOLINESS CHURCH FUTURE RESERVE SPACE 2ty (SEE SURVEY FOR DESCRIPTION) C.F. 2007001433 O.P.R. J.C.T. FOR CHURCH EXPANSION NEW 100' MONOPOLE. (SEE TOWER pR RQ. MANUFACTURER'S DRAWINGS FOR ADDITIONAL INFORMATION) \EXl,STl'N.G NEW DOUBLE SWING ACCESS GATE. (SEE 1AC-4 FOR DETAILS) NEW6'CHAINUNKFENCEWITH BARBED WIRE (SEE 1AC-4 FOR DETAILS) 50' DRAINAGE R.O.W. JEFFERSON COUNTY DRAINAGE DISTRICT NO. 8 NEW 12' WIDE GRAVEL ACCESS DRIVE FROM EXISTING PARKING LOTTO NEW COMPOUND SUBJECT PROPERTY IS LOCATED IN PANEL #48199CO550F, DATED OCTOBER 6, 2010 AND IS IN THE BASE FLOOD ZONE "X" AND IS NOT IN A FLOOD ZONE. EXISTING UTILITY POLE EXISTING OVERHEAD POWER LINES EXISTING UTILITY POLE NOTE SCOPE OF WORK 006 NOT INCLUDE A STRUCTURAL EVALUA71ON OF THIS TOWER STRUCTURE NEW ANTENNAS AND EWIPMEI SHOWN ON THIS PIAN HAVE NOT BEEN EVALUATED TO VERIFY THE TOWER OR STRUCTURE HAS THE CAPAOTY TO ADEOIM SUPPORT THESE ANTENNAS. PRIOR TO ANY ANTENNA OR EOMPMENT INSTALLATION. A STRUCTURAL EVALUATION OF THE TOWER 0 STRUCTURE, INCLUDING ALL ANTENNA MOUI SYSTEMS k HARDWARE SHALL BE PERFORM NOTE: FOR FOUNDATION DESIGN, REFER TO FOUNDATION DESIGN B'Y OTHERS NOTE PROPOSED ELEVATED PLATFORM DESIGNED LEVEL 5 CONSULTING ENGINEERS, INC, DATI 01/28/15. PLEASE SEE ATTACHED S-SHEE FOR BET LS. GRAPHIC SCALE: 1"=60' 0 30' 60' 120' -J m 2 W CESS AND UTILITY (SEE SURVEY FOR DESCRIPTION) / TRACT 1 i' DRAINAGE R.O.W. JEFFERSON COUNTY DRAINAGE DISTRICT 6 FILE ODE 102-46-21212 3 R.P.R. J.C.T. EXISTING UTILITY POLE EXISTING OVERHEAD POWER LINES EXISTING UTILITY POLE NOTE SCOPE OF WORK 006 NOT INCLUDE A STRUCTURAL EVALUA71ON OF THIS TOWER STRUCTURE NEW ANTENNAS AND EWIPMEI SHOWN ON THIS PIAN HAVE NOT BEEN EVALUATED TO VERIFY THE TOWER OR STRUCTURE HAS THE CAPAOTY TO ADEOIM SUPPORT THESE ANTENNAS. PRIOR TO ANY ANTENNA OR EOMPMENT INSTALLATION. A STRUCTURAL EVALUATION OF THE TOWER 0 STRUCTURE, INCLUDING ALL ANTENNA MOUI SYSTEMS k HARDWARE SHALL BE PERFORM NOTE: FOR FOUNDATION DESIGN, REFER TO FOUNDATION DESIGN B'Y OTHERS NOTE PROPOSED ELEVATED PLATFORM DESIGNED LEVEL 5 CONSULTING ENGINEERS, INC, DATI 01/28/15. PLEASE SEE ATTACHED S-SHEE FOR BET LS. GRAPHIC SCALE: 1"=60' 0 30' 60' 120' -J m 2 W 2 December 11, 2018 Consider a request for a Specific Use Permit to allow a church in an LI (Light Industrial) District located at 7890A College Street BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager !� Q PREPARED BY: Chris Boone, Planning & Community Development Director MEETING DATE: December 11, 2018 REQUESTED ACTION: Council consider a request for a Specific Use Permit to allow a church in an LI (Light Industrial) District located at 7890A College Street. BACKGROUND Mr. Sam Gallier, III, is requesting a Specific Use Permit to establish a church at 7890A College Street. This unit is part of an existing commercial/industrial complex. Family of Faith Christian Ministries, Inc. would conduct Sunday morning services and midweek evening services at this location. In addition, the facility would occasionally be used for youth, women and men's ministries. At a Joint Public Hearing held on November 19, 2018, the Planning Commission recommended 7:0 to approve the request for a Specific Use Permit to allow a church in an LI (Light Industrial) District with the following condition: 1. The existing ADA accessible parking spot is not compliant. The 5' wide access aisle shall be on the passenger side of the 11' wide parking spot. In addition, space shall be appropriately marked. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the ordinance with the following condition: 1. The existing ADA accessible parking spot is not compliant. The 5' wide access aisle shall be on the passenger side of the 11' wide parking spot. In addition, space shall be appropriately marked. SPECIFIC USE PERMIT APPLICATION BEAUMONT, TEXAS (Chapter 28, City Codes) TO: THE PLANNING COMMISSION AND CITY COUNCIL, CITY OF BEAUMONT, TEXAS APPLICANT'S NAME: Sant Galller I II APPLICAtNT'S ADDRESS: P.O. BOX 7290 APPLICANT'S PHONE #:409-866-3781 NAME OF PROPERTY OWNER: Allred Entitles LLC ADDRESS OF PROPERTY OWNER: P.O. BOX 7290 LOCATION OF PROPERTY:7890A College Street LEGAL DESCRIPTION OF PROPERTY: LOT NO. Part of Lots 17, 18 & 19 BLOCK NO. I' ADDITION Mayfair Addition NUMBER OF ACRES 0'4805 FAX OR TRACT PLAT SURVEY NUMBER OF ACRES For properties not in a recorded subdivision, submit a copy of a current survey or plat showing the properties proposed for a specific use permit, and a complete legal field note description. PROPOSED USE: Church ZONE. LI 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: LESSTHAN % ACRE.................................................................$250.00 '/z ACRE OR MORE AND LESS THAN 5 ACRES...................$450.00 5 ACRES OR MORE...................................................................$650.00 I, being the undersigned applicant, understand that all of the conditions, dimensions, building sizes, landscaping and parking areas depicted on the site plan shall be adhered to as amendedand roved b ity Council. SIGNATURE OF APPLICANT: �� 1nATF- l0`«f(8 SIGNATURE OF PROPERTY PLEASE TYPE OR PRINT AND FILE NUIvIBER:j, A!L' `J CITY OF BEAUMONT PLANNING DIVISION 801 MAIN STREET, ROOM 201 BEAUMONT, TX 77701 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. ALLRED ENTITIES, L.L.C. October 12, 2018 City of Beaumont Planning Division 801 Main Street, Room 201 Beaumont, Texas 77701 ATTN.: Chris Boone Director of Planning and Community Development REF.: Specific Use Permit 7890A College Street Beaumont„Texas Dear Mr. Boone: Please find attached the Specific Use Permit Application along with a site plan and the fee for the above referenced tract. Family of Faith Christian Ministries, Inc. proposes to use the existing building at this facility for their church building. Family of Faith Christian Ministries will use the facility for Sunday morning church services and midweek evening services. In addition, the facility will be used occasionally for the church's group meeting for youth, women and men's ministries. The church congregation consist of approximately 40 individuals including children and a number of members who are internet-based and participate through our online streaming services. The following comments address the eight conditions as required by the City's Specific Use Permit: • :The proposed use of the facility will enhance the locale and not be injurious to the use and enjoyment of other property, nor significantly diminish or impair property values within the immediate vicinity. • The establishment of the specific use will not impede the normal and orderly development and improvement of surrounding vacant property,. • There are existing and adequate utilities, access roads, drainage and other necessary supporting facilities currently present at the site. • The design, location and arrangement of the existing driveways and parking spaces provides for the safe and convenient movement of the vehicular and pedestrian traffic without adversely affecting the general public or adjacent development. • 'There will be no offensive odor, fumes, dust, noise or vibration caused by the proposed use of this site as a storage facility. P.O. Box 7290 Beaumont, Texas 77726 (409) 866-3781 Page 1 of 2 Fax (409) 866-5322 ALLRED ENTITIES, L.L.C. • All proposed onsite lighting will be direct in nature so as not to disturb or adversely affect neighboring properties. Appropriate measures will be taken to mitigate adverse effects on the nearby properties. • There are sufficient landscaping and screening in place that will be provide the appropriate City requirements to ensure harmony and compatibility with the adjacent properties. • The proposed use is in accordance with the Comprehensive Plan. If you have any questions or need additional information please contact me at (409)866-3781. Sincerely, Sam Gallier III Business Manager Allred Entities LLC P.O. Box 7290 Beaumont, Texas 77726 (409) 866-3781 Page 2 of 2 Fax (409) 866-5322 ORDINANCE NO. ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A CHURCH IN AN LI (LIGHT INDUSTRIAL) DISTRICT AT 7890-A COLLEGE STREET IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS, Sam Gallier III, on behalf of Allred Entities, L.L.C., has applied for a specific use permit to allow a church in an LI (Light Industrial) District at 7890-A College Street, as described in Exhibit "A" and shown on Exhibit "B," attached hereto; and, WHEREAS, the Planning and Zoning Commission of the City of Beaumont , considered the request and is recommending approval of a specific use permit to allow a church in an LI (Light Industrial) District at 7890-A College Street, subject to the following condition: ; and, • The existing ADA accessible parking spot is not compliant. The 5' wide access aisle shall be on the passenger side of the 11' wide parking spot. In addition, space shall be appropriately marked WHEREAS, the City Council is of the opinion that the issuance of such specific use permit to allow a church is in the best interest of the City of Beaumont and its citizens; NOW, THEREFORE, BE IT ORDAINED . BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this ordinance are hereby, in all things, approved and adopted; and, Section 1. That a specific use permit to allow a church in an LI (Light Industrial) District at 7890-A College Street, as described in Exhibit "A and shown on Exhibit "B," is hereby granted to Allred Entities, L.L.C., its legal representatives, successors and assigns, as shown on Exhibit "C," attached hereto and made a part hereof for_ all purposes, subject to the following condition: • The existing ADA accessible parking spot is not compliant. The 5' wide access aisle shall be on the passenger side of the 11' wide parking spot. In addition, space shall be appropriately marked. Section 2. That the specific use permit herein granted is expressly issued for and in accordance with each particular and detail of the site plan attached hereto as Exhibit "C" and made a part hereof for all purposes. Section 3. Notwithstanding the site plan attached hereto, the use of the property herein above described shall be in all other respects subject toall 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 11th day of December, 2018. - Mayor Becky Ames - LEGAL DESCRIPTION FOR ORDINANCE PURPOSES Being a 0.4805 acre tractor parcel of land being out of and part of Lots 17, 18 and 19, Block "F" of the Mayfair Addition, a subdivision of the City of Beaumont, Jefferson County, Texas, according to the plat thereof recorded in Volume 5, Page 43, Map Records, Jefferson County, Texas and also being out of and part of Tract Two and Tract Four as described in a "Special Warranty Deed" from Janet M. Allred, Trustee to Allred Entities, L.L.C. as recorded in Clerk's File No. 2011024835, Official Public Records of Real Property, Jefferson County, Texas, said 0.4805 acre tract being more particularly described as follows: NOTE: All bearings are based on the assumed bearing of NORTH 90°00'00" WEST referenced to the South line of Lots 6 -15, Block 7" of the said Mayfair Addition. COMMENCING at a 1/2" iron rod found for the Southeast corner of Lot 16 and the Southwest corner of Lot 15, Block "F" of the said Mayfair Addition and said corner being in the North right-of-way line of College Street (also being U.S. Highway 90) and said corner bears NORTH 90°00'00" WEST a distance of 749.93 feet from a 5/8" iron rod with a cap stamped "M.W. Whiteley & Associates" found for the Southeast corner of Lot 6 and the Southwest corner of Lot 5, Block "F" of the said Mayfair Addition; THENCE NORTH 90000'00" WEST, along and with the North right-of-way line of College Station and the South line of the said Lots 16 and 17, for a distance of 125.15 feet to the POINT OF BEGINNING of the tract herein described; THENCE NORTH 90000'00" WEST, along and with the North right-of-way line of College Street and the South line of the said Lots 17, 18 and 19, for a distance of 140.00 feet to a point for corner; THENCE NORTH 00000'00" WEST, over and across the said Lot 19 and perpendicular to the North right-of-way line of College Street, for a distance of 149.50 feet to a point for corner; THENCE NORTH 90000'00" EAST, over and across the said Lots 19, 18 and 17 and parallel to the North right-of-way line of College Street, for a distance of 140.00 feet to a point for corner; THENCE SOUTH 00000'00" EAST, over and across the said Lot 17 and perpendicular to the North right-of-way line of College Street, for a distance of 149.50 feet to the POINT OF BEGINNING and containing 0.4805 Acres, more or less. EXHIBIT "A" L+ �� _., ,a^ _ JIB `c f'•: it \p`�.'+f - '`•� i - .. �xz.ri",�r Y ��" :_• .'" -3.f'` .->-` /'�y� f- =� 1 � / ' , I t � • ff� II ���{Y��`,�� � �� � �}`�' 1i7 .sem ?.`. � � � � F, r:! iikor � � kt tr � ��•' .k•� -�L a .�s^r"'.. "jam r"L rtc-5� ���f 1Y��` :`t gyp. r ..�-� �,y,N-:%y^ ,yr a �, N • , * .w}•y I ash x�'^max - - r•ix: ,r'""' ,r.,. �p �t7i �•��'"f���, t.:s / - - r liar a �; r i#.V ,FIs/.4r� �:�'+' .. . •• _ P � � � , I �� r � Z { I f' � +d • � �1 �ti �1' fir.': - 1 � S. F $ ff 1 _�F.. Q- _' � ��. ,y `,. 1 - ! � '°"i'j}i "i. 1 �,��y� 'y �('�'S ell. �e✓�. s pvm- hl� o f Rim, i it • � 1f4• I � I - .. it yam. I._ 1 � •LI`. �m i� �"L nr _ • r � _h d r. s rrl P t y P r .�� "- �"�d � _, -''3`t� fix' ��� �•, ,�. a`. ' %i __� "ems^ ,1 ir.' i.t,:p l,l, f. A+1�•Fa.-4�NL u.. L . •.4+-'Y:t-.,1. p` , 4609 SQ. FT. •. �. METAL c I I .,F,. r I G LU I BUILDING c ELEC.. Z o CL i CF NO. 2018022474 Z 39.22' o MTR. 50.4' 50.41 I °F_` D N90°00, 00"E 140.00' I .,.. U Op I —� o \ O� 11 i �� �O� ,6. '13115 I Oj5 1 �� I �O� 6 N9 cn Wap ¢ Iq va-\ �8 I z POB I POC i 39.80' a N_� . u. 50.4 25.2 N 0 Q co `n I FND 1/2" I FND 5/8" I. ROD ,� �. I I I. ROD AC 9 i BUSINESS BL I "M.W. WHITELEY SIGN I & ASSOCIATES" _ -- — DHE :FND N90°000011UU 14000, FND N90'00'00"W 1125.15' FND N90'00'00"W 749.93' C.) m BRICK & FRAME I BUILDING LU I I "TRACT TWO" ALLRED ENTITIES, L.L.C. CF -NO. 2011024835 ', 1R App111GN 43 Mp` 5, PG• COLLEGE STREET (U.S. HIGHWAY 90) A. �. Vol-. - SITE PLAN oPl Jc OF PARKING SPACE SUMMARY Lc -) L- 7890A COLLEGE STREET N _ _ I� LEGEND REGULAR HANDICAP �uj 0 oI BEAUMONT °' Ln Q I o Ln 6 SPACES 0 WATER METER p` , 4609 SQ. FT. •. �. LOTS 6-15 c O I .,F,. I G LU I J.D.LOCK . BRIDGES HOLDINGS, LLC c ELEC.. Z o CL i CF NO. 2018022474 Z 39.22' o MTR. 50.4' 50.41 I OPRJC I 0 .,.. U Op I —� o \ O� 11 i �� �O� ,6. '13115 I Oj5 1 �� I �O� 6 N9 cn Wap ¢ Iq va-\ �8 I z POB I POC i a N_� . u. N 0 Q co `n I FND 1/2" I FND 5/8" I. ROD ,� �. I I I. ROD W/CAP STAMPED BUSINESS I "M.W. WHITELEY SIGN & ASSOCIATES" _ -- — DHE :FND N90°000011UU 14000, FND N90'00'00"W 1125.15' FND N90'00'00"W 749.93' . (CALL N90'00'00"W 749.93') _ REFERENCE BEARING ASSUMED COLLEGE STREET (U.S. HIGHWAY 90) A. - SITE PLAN OF PARKING SPACE SUMMARY 7890A COLLEGE STREET LEGEND REGULAR HANDICAP BEAUMONT SPACES ON SITE 20 1 Al TELEPHONE POLE JEFFERSON COUNTY, TEXAS 0 WATER METER °UENT` FAMILY OF FAITH CHRISTIAN MINISTRIES SIGN O F r OR BY: KLK SCALE: SHEET No.: ���,•esr�o �� 4po;G, ��� VER: ACAD 2018 1"= 40' 1 of 1 �- FIBER OPTICS MARKER oo JOB NO. nM W:\2018\18-1639\ REV. . HANDICAP PARKING "t '••.•• f 18-1639 18-1639.DWG 0 • THOMAS §. ROVV� MARK W. WIIITELEY — OHE OVERHEAD ELECTRIC ••••ai;�••°°°•5726 ° "' AND ASSOCIATES ORIGINAL ,t °b®sc INCORPORATED — TRACT LINE �o °,°••° coxslnrutc ExcnoeRs, 0 CONCRETE " '. SURMORs, AND PLANNER? T.R.P.L.S. FMX NO. 10106700 ')t )r�il�Y 0 E, FRtY N0. F-2893 5492 P. 0. HOS 6720 6260 1T. TE IAtY. HEAIII[065, -m 7T1t6-6792 HEA01[065, -W IUS 70D-602-0{21 (PA) 700-692-W76 f m 2 w December 11, 2018 Consider a request for a Specific Use Permit to allow a mother-in-law apartment in an R -S (Residential Single Family Dwelling) District located at 1220 Wilchester Circle BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager Gs�3 PREPARED BY: Chris Boone, Planning & Community Development Director MEETING DATE: December 11, 2018 REQUESTED ACTION: Council consider a request for a Specific Use Permit to allow a mother-in-law apartment in an R -S (Residential Single Family Dwelling) District located at 1220 Wilchester Circle. BACKGROUND Mr. John Wilson is requesting a mother-in-law apartment behind his home at 1220 Wilchester Circle. He states that the mother-in-law apartment is intended for personal use and not for rental. In the future, the applicant intends to construct a pool at which time the structure would also be used as a pool house. At a Joint Public Hearing held on November 19, 2018, the Planning Commission recommended 6:0 to approve the request for a Specific Use Permit to allow a mother-in-law apartment in an R -S (Residential Single Family Dwelling) District with the following condition: 1. The mother-in-law apartment will not be used for rental purposes, and shall only be occupied by family members. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the ordinance with the following condition: 1. The mother-in-law apartment will not be used for rental purposes, and shall only be occupied by family members. SPECIFIC USE PERMIT APPLICATION BEAUMONT, TEXAS (Chapter 30, City. Codes) TO: THE PLANNING COMMISSION AND CITY COUNCIL, CITY OF BEAUMONT, TEXAS APPLICANT'S NAME: ,)63'Qn Lon (7 APPLICANT'S ADDRESS:U'X,>W i��1f tTt��t ' ^►1'�X� APPLICANT'S PHONE FAX #: NAME OF OWNER: ,)C)\)n 1 '2 ,, y,.� ADDRESS OF OWNER: GacN UU lId'L�kx brdr, , I C ��YY}C� ' I i I X 71-U-0 - LOCATION OF PROPERTY:I l�(�� ,11, i I EhQscrC IrGIi' 5C,Ll llimf TC -I -I aD LEGAL DESCRIPTION OF PROPERTY: LOT N0. BLOCK NO. 1 ADDITIONNPUY NUMBER OF ACRES Q OR TRACT PLAT SURVEY NUMBER OF ACRES For properties not in a recorded subdivision, submit a copy of a current survey or plat showing the properties proposed for a specific use permit, and a complete legal field note description. PROPOSED USE:nCY- i HCl' AVS ` ZONE: IRks 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 Cily Council can grant a specific use permit. PLEASE ADDRESS EACH CONDITION IN DETAIL. ATTACH THE APPROPRIATE APPLICATION FEE: LESS THAN ''V2 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 ofthe conditions, dimensions, building sizes, landscaping and parking areas depicted on the site plan shall be adher a amended md approved by City Council, SIGNATURE OF APPLICANT: DATE: SIGNATURE OF OWNER: (IF NOT APPLICANT) DATE: 1 PLEASE TYPE OR PRINTUBMIT TO: CITY OF BEAUMONT PLANNING DIVISION . 801 MAIN STREET, ROOM 201 �J 2, ori BEAUMONT, TX 77701 FILE NUMBER: DATE RECEIVED: Q -25t 100 Phone - (409) 880-3764 Fax - (409) 880-3133 PLEASE MAKE NOTE ON REVERSE SIDE OF CONDITIONS TO BE NET REGARDING THE SITE PLAN AND LETTER OF PROPOSED USES AND ACTIVITIES. AUGUST 16, 2018 John Wilson 1220 Wilchester Circle, Beaumont, TX 77706 Dear Planning Commission, This letter is intended to request permission to construct a mother-in-law suite in the backyard. The property suggested for such construction is located at 1220 Wilchester Circle, Beaumont, TX 77706. The mother-in-law suite is intended for personal use and not to be rented or utilized for business purposes. In the future there may be construction of a pool, in which the structure will also be used as a pool house. This structure will abide by all new construction regulations set by the City of Beaumont's ordinance with the exception of an additional residential structure on one lot. Sincerely, John Wilson AUGUST 16, 2018 John Wilson 1220 Wilchester Circle, Beaumont, TX 77706 Request permission to construct mother-in-law suite in the backyard, within the residential single-family dwelling (R -S) zoning district. 1. The location of this home will be on property owned by John Wilson, in the rear yard of the existing home and will not be obtrusive to anyone. The addition of a mother-in-law suite would raise property value. 2. North of the proposed mother-in-law suite is buffered by multiple "A" sized trees abutting a neighbor's side yard. South of the proposed structure is buffered by a privacy fence abutting a neighbor's side yard. East of the proposed structure is buffered by trees and a privacy fence abutting a neighbor's rear yard. West of the proposed structure is the main house and cul-de- sac. The mother-in-law suite will not cross property lines and will maintain appropriate distances from property lines and easements as the City's ordinance demands. 3. There are adequate utilities, access roads, drainage and other necessary supporting facilities that are already provided at the main structure and as such will be continued to the new additional structure. 4. No additional driveways or parking spaces will be required. 5. The only disturbances that could occur from this new additional structure is possible noises during normal construction hours. Past the time needed for construction there should be no future disturbances. 6. No directional lighting will be installed with the exception of a porch light. 7. The landscaping will be provided as needed to comply with all adjacent property and all the above and use will comply with the comprehensive plan. 8. Lastly, this new additional structure will not be used for rental/business purposes. It is only intended for personal uses. John Wilson, Property Owner ORDINANCE NO. ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A MOTHER-IN-LAW APARTMENT IN AN RS (RESIDENTIAL SINGLE FAMILY DWELLING) DISTRICT AT 1220 WILCHESTER CIRLCE IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS, John Wilson has applied for a specific use permit to allow a mother- in-law apartment in an Rs (Residential Single Family Dwelling) District at 1220 Wilchester Circle, being Lot 21, Tract 6, Block 1, Audubon Park, Beaumont, Jefferson County, Texas containing 0.692 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 mother-in-law apartment in an RS (Residential Single Family Dwelling) District at 1220 Wilchester Circle, subject to the following condition: ; and, • The mother-in-law apartment will not be used for rental purposes, and shall only be occupied by family members WHEREAS, the City Council is of the opinion that the issuance of such specific use permit to allow a mother-in-law apartment 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 mother-in-law apartment in an RS (Residential Single Family Dwelling) District at 1220 Wilchester Circle, being Lot 21, tract 6, Block 1, Audubon Park, Beaumont, Jefferson County, Texas containing 0.692 acres, more or less, as shown on Exhibit "A," is hereby granted to John Wilson, his legal representatives, successors and assigns, as shown on Exhibit "B," attached hereto and made a part hereof for all purposes, subject to the following condition: • The mother-in-law apartment will not be used for rental purposes, and shall only be occupied by family members. Section 2. That the specific use permit herein granted is expressly issued for and in accordance with each particular and detail of the site plan attached hereto as Exhibit "C" and made a part hereof for all purposes. Section 3. Notwithstanding the site plan attached hereto, the use of the property 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 11th day of December, 2018. - Mayor Becky Ames - �}� '�'t �N � �'�%s'•' �'j -� �%% �`3j�� ty�jY 3• 'V �ii. Y� 1 Y_:1 �$�y�� �r •.•¢ E. � '' � �� �'i-`s, Ifs .. i '4-;; ��., � + _ o,moi �� rxfa � � /�v `�\ t � Y.. �/m� � � � r I 1 � ? � it � • • 1„f n �, �' .V'•fr -! ti` �4y� "� ��,# i Z rY / ( \\i t �.. A4�,,�L �%�' l r�t f t _ Awi .t®r"'kwli� 1..� Y J.♦ `r�"fbi 7 iY ytyst� k•' 1fit j• ��y� V 1 N t \`, I ,Cr •11?`n �aP + �I -,�}' _ _ •r .t'�-r.s' NO, RMINVj �� �� ,, 1 J •� r" 5- 'x`. .1 �✓ S >� cz � 4 � � j � � c I Ea. /Lt�t' �d - ' _ � _ y: 1 '`4 ,.La�• .�-� _ I S a`;i *1v ,f + 1 I 1 h L - li, t-' -`� t Q ['�ti-a ' �,., i - •. i .�#t /t.r J�` �. j AAA�y;...� ��.;. i� a j . ?•;'�I� +r� I I a c!!'..J� l� �Y "%� �" It � � A� f w N s` - $ 4 fib•' i d �= )*' �„ 446gou [d f` t p 4 6'� 3,1 t '•,�,I �4� i y `� ' a •�.ia -. _ t-• i tl - 1 r': �iY }\ f.,I � .p w a 1 �• �.?E'�--sem-. c S J R�`r� - �ixr4 gt FiR�i �, '� �/ • a t �-> a� 3s i_ � �. � t ,. .�..� � � .�� ,',s��•� �� ,yam lip`r � �- `J` � per' �� � ��,.,t• f � K , ,�t ii � � - {'��yi*�,g"-' � � t "a ..thyJ, �•'i� .��a S _ 'i` i9' m•' , f4, • i' 'Ftsyt•I -L 3 ,{'-._-a.i�`a.i it f - ".,6 + �• lxl — � `»,�.y�_ _ �` IAF-��+._.m+�'-j(�- y�..'._.>n f ' %� � "s �s� _ *.� _i .;�� �a -r- a y aim � e 4 j ' ,�� � ''• ♦ « A�;�ja 7. s `- �• !(�'� ,4 0,}��J -�' } c s agar_ 1 ._!.%�Sh+ J '•_:tn.,�..... ���J++�+��l!t .:.. _ _ __ - '-a ar" ."t •' r.•..++tl�` _ $�', ��' s� .•r_ ��r � . �. �• .psi !"fix Xb,:�., �±� ,I I � ? �-. a ..�.. _a _ �� . _ �I� .., I" I� ht _ l • c 'I .,�ad �,r MR JOHN WILSON SITE PLAN 8 CONTE)Cr 10 O A 20 10 5 10 I sGLF: 13zm1•d N SITE EXHIBIT tB� JUN 11 December 11, 2018 Consider a resolution approving the purchase of a fire truck BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Todd Simoneaux, Chief Financial Officer MEETING DATE: December 11, 2018 REQUESTED ACTION: Council consider a resolution approving the purchase of a fire truck. BACKGROUND A 2019 Velocity pumper truck will be purchased from Siddons-Martin Emergency Group, of Denton, Texas, in the amount of $749,488.00. The new unit will replace Unit 7073, which is a 1985 American Lafrance pumper truck with 90,120 miles. It has exceeded its expected service life. The new pumper truck will be designated as Engine 9 and will be housed at Station 9 located at 7010 Gladys Avenue. The existing unit will be disposed of according to the City surplus property policy. Pricing was obtained through the Houston -Galveston Area Council (H -GAC), a cooperative purchasing association providing cities and political subdivisions with the means to purchase specialized equipment at volume pricing. H -GAC complies with State of Texas procurement statutes. Manufacturer's warranty for the truck is twelve months. Delivery is expected within ten to eleven months. FUNDING SOURCE Capital Reserve Fund. RECOMMENDATION Approval of resolution. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Council hereby approves the purchase of one (1) 2019 Velocity pumper fire truck for use by the Fire Department from Siddons-Martin Emergency Group, of Denton, Texas, in the amount of $749,488.00 through the Houston -Galveston Area Council (H -GAC) Cooperative Purchasing Program. 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 6��1 PASSED BY THE CITY COUNCIL of the City of Beaumont this the 11th day of December, 2018. - Mayor Becky Ames - 5 December 11, 2018 Consider a resolution approving the purchase of a 15 -Ton Crane for use in the Water Utilities Department BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Todd Simoneaux, Chief Financial Officer MEETING DATE: December 11, 2018 REQUESTED ACTION: Council consider a resolution approving the purchase of a 15 -Ton Crane for use in the Water Utilities Department. BACKGROUND A 2019 Broderson 15 -Ton Carry Deck Crane will be purchased from Scott Macon Equipment, of Sulphur, Louisiana, in the amount of $215,850.00. The new crane will replace unit 5080, which is a 1978 Cherry Picker Crane which has exceeded its expected service life. The crane is used to lift heavy pumps and motors that need repair or replacement for the water reclamation operations. The existing unit will be disposed of according to the City surplus property policy. Bids were requested from four vendors with only two responses. The bid table is attached. A warranty of one year is provided and will be serviced by Scott Macon. FUNDING SOURCE Water Utilities Fund. RECOMMENDATION Approval of the resolution. RESOLUTION NO. WHEREAS, bids were received for the purchase of a 2019 Broderson IC -200-3J 15 -Ton Carry Deck Crane for use by the Water Utilities Department; and, WHEREAS, Scott Macon Equipment, of Sulphur, Louisiana, submitted a bid in the amount of $215,850.00, as described in Exhibit "A," attached hereto; and, WHEREAS, City Council is of the opinion that the bid submitted by Scott Macon Equipment, of Sulphur, Louisiana, is the lowest responsible bidder providing the best value to the City and should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT the bid submitted by Scott Macon Equipment, of Sulphur, Louisiana, for the purchase of a 2019 Broderson IC -200-3J 15 -Ton Carry Deck Crane for use by the Water Utilities Department in the amount of $215,850.00, as described in Exhibit "A," attached hereto, be accepted by the City of Beaumont. 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 11th day of December, 2018. - Mayor Becky Ames - CITY OF BEAUMONT, BEAUMONT TEXAS BEAUMONT PURCHASING DIVISION BID TABULATION TEXAS Bid Name: Purchase of One (1) 15 -Ton Carry Deck Crane for Water Utilities Bid Number: MF1119-24 Bid Opening: THURSDAY, NOVEMBER 15, 2018 Contact Person: Christy Williams christy.williams@beaumonttexas.gov Phone: 409-880-3758 No Response: Anderson Machinery, Maxim Crane Works EXHIBIT "A" Scott -Macon Equipment Four Season Equipment Vendor Sulphur Louisiana Houston Texas City/State 337-882-0197 281-807-9777 Phone No. ITEM NO. QTY. DESCRIPTION Unit Price Unit Price 1 1 EA 15 Ton Carry Deck Crane per $ 21 5,850.00 $ 232,785.00 specification listed on p. 19 of bid Delivery of Crane to: City,of Beaumont Fleet Dept. 4955 Lafin Included Included 2 1 EA Dr. Beaumont, Texas 77705 1 year/12 months 1 year/12 months Manufacturer Warranty Broderson IC -200-3J Shuttlelift SCD1 5 Manufacturer and Brand Bid for Item 1 above: No Response: Anderson Machinery, Maxim Crane Works EXHIBIT "A" 0 December 11, 2018 Consider a resolution authorizing the City Manager to execute an Earnest Money Contract and other related documents for the sale of a 0.6244 acre city -owned property located in the 700 Block of Laurel Avenue BEAUMONT TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Dr. Joseph Majdalani, P.E., Public Works Director MEETING DATE: December 11, 2018 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to execute an Earnest Money Contract and other related documents for the sale of a 0.6244 acre city -owned property located in the 700 Block of Laurel Avenue. BACKGROUND Wheeler Commercial has secured one (1) potential buyer who is interested in purchasing city -owned property located in the 700 Block of Laurel Avenue. After reviewing the Earnest Money Contract, it is in the best interest of the City of Beaumont to execute the Earnest Money Contract with Ken Whitlow, Trustee with a cash offer in the amount of $95,000.00. Ken Whitlow, Trustee will deposit $1,500.00 as earnest money to Texas Regional Title for a feasibility period of 60 days. If Ken Whitlow, Trustee terminates the earnest money contract, $250.00 of the earnest money will not be refunded to Ken Whitlow, Trustee. The date of closing will be thirty (30) days after the expiration of the feasibility period. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the resolution. TEXAS ASSOCIATION OF REALTORS® COMMERCIAL CONTRACT - UNIMPROVED PROPERTY USE OF THIS FORM BY PERSONS WHO ARE NOT MEMBERS OF THE TEXAS ASSOCIATION OF REALTORS® IS NOT AUTHORIZED. ©Texas Association of REALTORS®, Inc. 2016 1. PARTIES: Seller agrees to sell and convey to Buyer the Property described in Paragraph 2. Buyer agrees to buy the Property from Seller for the sales price stated in Paragraph 3. The parties to this contract are: Seller: City Of Beaumont, a Texas municipal corporation Address: 801 Main St Beaumont TX 77701-3548 Phone: (409)880.3152 E-mail: antoinette hardy@beaumonttexas.gov Fax: Other: Buyer: Ken Whitlow Trustee Address: P.O. Box 7980 Beaumont TX 77726-7980 Phone: (409)860-3228 E-mail: ken whitlow whitlowlegal.com Fax: (409)860-3619 Other: 2. PROPERTY: A. "Property" means that real property situated in Jefferson County, Texas at 0.6244 AC Laurel Street, Beaumont, TX 77701 (address) and that is legally described on the attached Exhibit A or as follows: B. Seller will sell and convey the Property together with: (1) all rights, privileges, and appurtenances pertaining to the Property, including Seller's right, title, and interest in any minerals, utilities, adjacent streets, alleys, strips, gores, and rights-of-way; (2) Seller's interest in all leases, rents, and security_ deposits for all or part of the Property; and (3) Seller's interest in all licenses and permits related to the Property. (Describe any exceptions, reservations, or restrictions in Paragraph 12 or an addendum.) (If mineral rights are to be reserved an appropriate addendum should be attached.) 3: SALES PRICE: A. At or before closing, Buyer will pay the following sales price for the Property: (1) Cash portion payable by Buyer at closing ........................ $ 95,000.00 (3) Sales price (sum of 3A(1) and 3A(2)) ........................... $ 95,000.00 (TAR -1802) 4-1-18 Initialed for Identification by Seller and Buyer1 V" Page 1.of 14 Lee Wheeler, 450 Bowie St. Beaumont TX 77701 Phone: 4099 9-33 0 0 'Fax: 409-899-3301 0.62 AC Laurel - Erica Goss Produced with zipFormO by zipLoglx 18070 Fifteen Mile Road, Fraser, Michigan 48026 www.zipLoc ix.com Commercial Contract - Unimproved Property concerning 0.6244 AC Laurel Street Beaumont, TX 77701 B. Adjustment to Sales Price: (Check (1) or (2) only.) �X (1) The sales price will not.be adjusted based on a survey. f2) The sales pfiee will be aEljusted based OR the latest supiey ebtained undeF Pafflofflph 6B. (b)„ „ Fneens iafld aFea within the PFIE)PeFty.aFea" ❑ E i(e) if the sales pFiee is adjusted by ffieFe - of he stated sales pF+ee, eithei: pef4y -damval:lanee is less than the stated peFeentage, the adjustffient te the sales pfiee will be made 4e 5. EARNEST MONEY: A. Not later than 3 days after the effective date, Buyer must deposit $ $1,500.00 as earnest money with Texas Regional Title Company (title company) at 7675 Folsom Bldg. 100, Beaumont, TX 77706 (address) Molly Mallet (closer). If Buyer fails to timely deposit the earnest money, Seller may terminate this contract or exercise any of Seller's other remedies under Paragraph 15 by providing written notice to Buyer before Buyer deposits the earnest money. ❑ fii� — BuyeF Will be in default Of Buyep fails to depesit the additienal aFfletint FequiFed by this PaFa@Fal3h 6 within 3 days afteF Gellef Fietifies Buyef that BuyeF has net timely depesited the additional affieunt. C. Buyer may instruct the title company to deposit the earnest money in an interest-bearing account at a federally insured financial institution and to credit any interest to Buy (TAR -1802) 4-1-18 Initialed for Identification by Seller and Buyer, Page 2 of 14 Produced with ziP Form®bY P 9 zi Lo ix 18070 Fifteen Mile Road, Fraser, Michigan 48026 0.42. AC Laurel- . Commercial Contract - Unimproved Property concerning 0,6244 AC Laurel Street. Beaumont, Tx 77701 6. TITLE POLICY AND SURVEY: A. Title Policy: (1) Seller, at Seller's expense, will furnish Buyer an Owner's Policy of Title Insurance (the title policy) issued by any underwriter of the title company in the amount of the sales price, dated at or after closing; insuring Buyer against loss under the title policy, subject only to: (a) those title exceptions permitted by this contract or as may be approved by Buyer in writing; and (b) the standard printed exceptions contained in the promulgated form of title policy unless this contract provides otherwise. (2) The standard printed exception as to discrepancies, conflicts, or shortages in area and boundary lines, or any encroachments or protrusions, or any overlapping improvements: H�e) will net be amended eF deleted fFeFH the title paliey. x (b) will be amended to read "shortages in areas" at the expense of ❑x Buyer ❑ GeileF. (3) Within 10 days after the effective date, Seller will furnish Buyer a commitment for title insurance (the commitment) including legible copies of recorded documents evidencing title exceptions. Seller authorizes the title company to deliver the commitment and related documents to Buyer at Buyer's address. B. Survey: Within 28 days after the effective date: ❑X (1) Buyer will obtain a survey of the Property at Buyer's expense and deliver a copy of the survey to Seller. The survey must be made in accordance with the: (i) ALTA/NSPS Land Title Survey standards, or (ii) Texas Society of Professional Surveyors' standards for a Category 1A survey under the appropriate condition. ❑ (-2)dated aftel: the effeetive date. C. Buyer's Objections to the Commitment and Survey: (1) Within 10 days after Buyer receives the last of the commitment, copies of the documents evidencing the title exceptions, and any required survey, Buyer may object in writing to matters disclosed in the items if: (a) the matters disclosed are a restriction upon the Property or constitute a defect or encumbrance to title other than those permitted by this contract or liens that Seller will satisfy at closing or Buyer will assume at closing; or (b) the items show that any part of the Property lies in a special flood hazard area (an "A" or "W zone as defined by FEMA). If the commitment or survey is revised or any new document evidencing a title exception is delivered, Buyer may object to any new matter revealed in such revision or new document. Buyer's objection must be. made within the same number of days stated in this paragraph, beginning when the revision or new (TAR -1802) 4-1-18 Initialed for Identification by Seller and Buyer - Page 3 of 14 Produced with zipFonn© by zipLogix 18070 Fifteen Mlle Road, Fraser, Michigan 48026 www.z pLo m 0.62 AC Launt - Commercial Contract - Unimproved Property concerning 0,6244 AC Laurel Street, Beaumont. TX 77701 document is delivered to Buyer. If Paragraph 66(1) applies, Buyer is deemed to receive the survey on the earlier of: (i) the date of Buyer's actual receipt of the survey; or (ii) of the deadline specified in Paragraph 6B. (2) Seiler may, but is not obligated to, cure Buyer's timely objections within 15 days after Seller receives the objections. The closing date will be extended as necessary to provide such time to cure the objections. If Seller fails to cure the objections by the time required, Buyer may terminate this contract by providing written notice to Seller within 5 days after the time by which Seller must cure the objections. If Buyer terminates, the earnest money, less any independent consideration under Paragraph 713(1), will be refunded to Buyer. (3) Buyer's failure to timely object or terminate under this Paragraph 6C is a waiver of Buyer's right to object except that Buyer will not waive the requirements in Schedule C of the commitment. 7. PROPERTY CONDITION: A. Present Condition: Buyer accepts the Property in its present condition emeept that selleF, at expense, B. Feasibility Period: Buyer may terminate this contract for any reason within 60 days after the effective date (feasibility period) by providing Seller written notice of termination. (1) Independent Consideration.. (Check only one box and insert amounts.) �X (a) If Buyer terminates under this Paragraph 7B, the earnest money will be refunded to Buyer less $ 250.00 that Seller will retain as independent consideration for Buyer's unrestricted right to terminate. Buyer has tendered the independent consideration to Seller upon payment of the amount specified in Paragraph 5A to the title company. The independent consideration is to be credited to the sales price only upon closing of the sale. If no dollar amount is stated in this Paragraph 7B(l) or if Buyer fails to deposit the earnest money. Buyer will not have the right to terminate under this Paragraph 7B. 1 amebiRt is stated-iR this-RaFEqaraDh OF if -Buyer fails tQ timelyepesit -,l,dditienal e8fflest F C. Inspections Studies or Assessments: (1) During the feasibility period, Buyer, at Buyer's expense, may complete or cause to be completed any and all inspections, studies, or assessments of the Property (including all improvements and fixtures) desired by Buyer. (TAR -1802) 4-1-18 Initialed for Identification by Seller and Buyer Page 4 of 14 Produced with zipFonrO by zlpLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 w y.zipLogix.com D.62 AC Laurel - -- - - -- - - 0-1 IN r 1 amebiRt is stated-iR this-RaFEqaraDh OF if -Buyer fails tQ timelyepesit -,l,dditienal e8fflest F C. Inspections Studies or Assessments: (1) During the feasibility period, Buyer, at Buyer's expense, may complete or cause to be completed any and all inspections, studies, or assessments of the Property (including all improvements and fixtures) desired by Buyer. (TAR -1802) 4-1-18 Initialed for Identification by Seller and Buyer Page 4 of 14 Produced with zipFonrO by zlpLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 w y.zipLogix.com D.62 AC Laurel - Commercial Contract - Unimproved Property concerning o,6244 AC Laurel Street Beaumont Tx 77701 (2) Buyer must: (a) employ only trained and qualified inspectors and assessors; (b) notify Seller, in advance, of when the inspectors or assessors will be on the Property; (c) abide by any reasonable entry rules or requirements of Seller; (d) not interfere with existing operations or occupants of the Property; and (e) restore the Property to its original condition if altered due to inspections, studies, or assessments that Buyer completes or causes to be completed. (3) Except for those matters that arise from the negligence of Seller or Seller's agents, Buyer is responsible for any claim, liability, encumbrance, cause of action, and expense resulting from Buyer's inspections, studies, or assessments, including any property damage or personal injury. Buyer will indemnify, hold harmless, and defend Seller and Seller's agents against any claim involving a matter for which Buyer is responsible under this paragraph. This paragraph survives termination of this contract. D. Property Information: (1) Delivery of Property Information: Within 10 days after the effective date, Seller will deliver to Buyer: (Check all that apply.) ❑X (a) copies of all current leases, including any mineral leases, pertaining to the Property, including any modifications, supplements, or amendments to the leases; ❑ (�)eepies ef al! Rates and deedr, Of tFUSt a@aii9st the PFepeFty that BuyeF will assuffle eF that Sellef ® (c) copies of all previous environmental assessments, geotechnical reports, studies, or analyses made on or relating to the Property; X (d) copies property tax statements for the Property for the previous 2 calendar years; X (e) plats of the Property; 0 (g) Copies of any surveys and any metes and bounds description of property that Seller has in Seller's files. Seller will deliver Items (a), (c), (d), (e), and (g) if in Seller's possession, if any. (2) Return of Property Information: If this contract terminates for any reason, Buyer will, not later than 10 days after the termination date: (Check all that apply.) ❑ {} etheF than aH eleetFenie feFmat and all pies that BayeF made of theSe itefflSj ❑ %�}delete eF destfey all eleetFenie veFsiei9G ef these itern. deseribed ifi PaFagr-aph 7D(!) that Se ® (c) deliver to Seller copies of all inspection and assessment reports related to the Property that Buyer completed or caused to be completed. This Paragraph 7D(2) survives termination of this contract. E. Contracts Affecting Operations: Until closing, Seller: (1) will operate the Property in the same manner as on the effective date under reasonably prudent business standards; and (2) will not transfer or dispose of any part of the Property, any interest or right in the Property, or any of the personal property or other items described in Paragraph 2B or sold under this contract. After the feasibility period ends, Seller may not enter into, amend, or terminate any other contract that affects the operations of the Property without Buyer's written approval. 8. LEASES: A. Each written lease Seller is to assign to Buyer under this contract must be in full force and effect according to its terms. Seller may not enter into any new lease, fail to comply with any existing lease, or make any amendment or modification to any existing lease without Buyer's written consent. Seller (TAR -1802) 4-1-18 Initialed for Identification by Seller and Buyer, Page 5 of 14 Produced vrith zlpForrr>® by iipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www ziol-onix com 8.62 AC Laurel - Commercial Contract - Unimproved Property concerning 0.6244 AC Laurel Street, Beaumont- TX 77701 must disclose, in writing, if any of the following exist at the time Seller provides the leases to the Buyer or subsequently occur before closing: (1) any failure by Seller to comply with Seller's obligations under the leases; (2) any circumstances under any lease that entitle the tenant to terminate the lease or seek any offsets or damages; (3) any advance sums paid by a tenant under any lease; (4) any concessions, bonuses, free rents, rebates, brokerage commissions, or other matters that affect any lease; and (5) any amounts payable under the leases that have been assigned or encumbered, except as security for loan(s) assumed or taken subject to under this contract. - - ---- - - - - - - 1 :w: 9. BROKERS: A. The brokers to this sale are: Principal Broker: KenWheel. Inc. dba Wheeler Commercial Agent: Lee Y. Wheeler, III Address: 450 Bowie Street Beaumont, TX 77701 Phone & Fax: (409)899-3300 (409)899-3301 E-mail: (wheeler@wheeler-commercial.com License No.: 579943 Cooperating Broker: J.M. Prewitt Company Agent: J. Milton Prewitt Address: 750 N. 11th Street Beaumont, TX 77702 Phone & Fax: (409)892-3000 (409)892-3044 E-mail: milt imprewitt corp License No.: 492087 Principal Broker: (Check only one box) Cooperating Broker represents Buyer. X represents Seller only. B. Fees: (Check only (1) or (2) below.) (Complete the -Agreement Between Brokers on page 14 only if (1) is selected.) ❑X (2) At the closing of this sale, Seller will pay: Principal Broker a total cash fee of: N 3.000 % of the sales price. Cooperating Broker a total cash fee of: �X 3.000 % of the sales price. The cash fees will be paid in Jefferson County, the title company to pay the brokers from the Seller's proceeds at closing. (TAR -1802) 4-1-18 Initialed for Identification by Seller and Buyer P�, Texas. Seller authorizes Page 6 of 14 Produced with zipForm® by zipLoglx 18070 Fifteen Mlle Road, Fraser, Michigan 48026 tvww zloLogix.com 0.62 AC Laurel - -- - - -- - - - -- - -ol N 1111,11 ❑X (2) At the closing of this sale, Seller will pay: Principal Broker a total cash fee of: N 3.000 % of the sales price. Cooperating Broker a total cash fee of: �X 3.000 % of the sales price. The cash fees will be paid in Jefferson County, the title company to pay the brokers from the Seller's proceeds at closing. (TAR -1802) 4-1-18 Initialed for Identification by Seller and Buyer P�, Texas. Seller authorizes Page 6 of 14 Produced with zipForm® by zipLoglx 18070 Fifteen Mlle Road, Fraser, Michigan 48026 tvww zloLogix.com 0.62 AC Laurel - Commercial Contract - Unimproved Property concerning 0 6244 Ac Laurel Street Beaumont TX 77701 NOTICE: Chapter 62, Texas Property Code, authorizes a broker to secure an earned commission with a lien against the Property. C. The parties may not amend this Paragraph 9 without the written consent of the brokers affected by the amendment. 10. CLOSING: A. The date of the closing of the sale (closing date) will be on or before the later of: (1) X 30 days after the expiration of the feasibility period. ,'--eei#ie-da". (2) 7 days after objections made under Paragraph 6C have been cured or waived. B. If either party fails to close by the closing date, the non -defaulting party may exercise the remedies in Paragraph 15. C. At closing, Seller will execute and deliver, at Seller's expense, a ❑ general ® special warranty deed. The deed must include a vendor's lien if any part of the sales price is financed. The deed must convey good and indefeasible title to the Property and show no exceptions other than those permitted under Paragraph 6 or other provisions of this contract. Seller must convey the Property: (1) with no liens, assessments, or other security interests against the Property which will not be satisfied out of the sales price, unless securing loans Buyer assumes; (2) without any assumed loans in default; and (3) with no persons in possession of any part of the Property as lessees, tenants at sufferance, or trespassers except tenants under the written leases assigned to Buyer under this contract. D. At closing, Seller, at Seller's expense, will also deliver to Buyer: (1) tax statements showing no delinquent taxes on the Property; (2) an assignment of all leases to or on the Property; (3) to the extent assignable, an assignment to Buyer of any licenses and permits related to the Property; (4) evidence that the person executing this contract is legally capable and authorized to bind Seller; (5) an affidavit acceptable to the title company stating that Seller is not a foreign person or, if Seller is a foreign person, a written authorization for the title company to: (i) withhold from Seller's proceeds an amount sufficient to comply with applicable tax law; and (ii) deliver the amount to the Internal Revenue Service (IRS) together with appropriate tax forms; and (6) any notices, statements, certificates, affidavits, releases, and other documents required by this contract, the commitment, or law necessary for the closing of the sale and issuance of the title policy, all of which must be completed by Seller as necessary. E. At closing, Buyer will: (1) pay the sales price in good funds acceptable to the title company; (2) deliver evidence that the person executing this contract is legally capable and authorized to bind Buyer; (3) sign and send to each tenant in a lease for any part of the Property a written statement that: (a) acknowledges Buyer has received and is responsible for the tenant's security deposit; and (b) specifies the exact dollar amount of the security deposit; (4) sign an assumption of all leases then in effect; and (5) execute and deliver any notices, statements, certificates, or other documents required by this contract or law necessary to close the sale. F. Unless the parties agree otherwise, the closing documents will be as found in the basic forms in the current edition of the State Bar of Texas Real Estate Forms Manual withput any additional clauses. (TARA802) 4-1-18 Initialed for Identification by Seller and Buyer, Page 7 of 14 Produced With zlpFormO by zipLogix 18070 Fifteen Mlle Road, Fraser, Michigan 48026 www zipLonix.com 0.62 AC Laurel - Commercial Contract - Unimproved Property concerning 0.6244 AC Laurel Street Beaumont, TX 77701 11. POSSESSION: Seller will deliver possession of the Property to Buyer upon closing and funding of this sale in its present condition with any repairs Seller is obligated to complete under this contract, ordinary wear and tear excepted. Any possession by Buyer before closing or by Seller after closing that is not authorized by a separate written lease agreement is a landlord -tenant at sufferance relationship between the parties. 12. SPECIAL PROVISIONS: The following special provisions apply and will control in the event of a conflict with other provisions of this contract. (If special provisions are contained in an Addendum, identify the Addendum here and reference the Addendum in Paragraph 22D.) 13. SALES EXPENSES: A. Seller's Expenses: Seller will pay for the following at or before closing: (1) releases of existing liens, other than those liens assumed by Buyer, including prepayment penalties and recording fees; (2) release of Seller's loan liability, if applicable; (3) tax statements or certificates; (4) preparation of the deed; (5) one-half of any escrow fee; (6)costs to record any documents to cure title objections that Seller must cure; and (7) other expenses that Seller will pay under other provisions of this contract. B. Buyer's Expenses: Buyer will pay for the following at or before closing: (1) all loan expenses and fees; (2) preparation of any deed of trust; (3) recording fees for the deed and any deed of trust; (4) premiums for flood insurance as may be required by Buyer's lender; (5) one-half of any escrow fee; (6) other expenses that Buyer will pay under other provisions of this contract. 14. PRORATIONS: A. Prorations: (1) Interest on any assumed loan, taxes, rents, and any expense reimbursements from tenants will be prorated through the closing date. (2) If the amount of ad valorem taxes for the year in which the sale closes is not available on the closing date, taxes will be prorated on the basis of taxes assessed in the previous year. If the taxes for the year in which the sale closes vary from the amount prorated at closing, the parties will adjust the prorations when the tax statements for the year in which the sale closes become available. This Paragraph 14A(2) survives closing. (3) If Buyer as a loan or is taking the Property subject to an existing lien, Seller will transfer all reserve deposits held by the lender for the payment of taxes, insurance premiums, and other charges to Buyer at closing and Buyer will reimburse such amounts to Seller by an appropriate adjustment at closing. B. Rollback Taxes: If Seller's use or change in use of the Property before closing results in the assessment of additional taxes, penalties, or interest (assessments) for periods before closing, the assessments will be the obligation of the Seller. If this sale or Buyer's use of the Property after closing results in additional assessments for' periods before closing, the assessments will be the obligation of Buyer. This Paragraph 14B survives closing. (TAR -1802) 4-1-18 Initialed for Identification by Seller and Buyer I i Page 8 of 14 Produced with zlpForm@ by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www.zioLoglx.com 0.62 AC Laurel - Commercial Contract - Unimproved Property concerning 0 6244 AC Laurel Street,, Beaumont TX 77701 C. Rent and Security Deposits: At closing, Seller will tender to Buyer all security deposits and the following advance payments received by Seller for periods after closing: prepaid expenses, advance rental payments, and other advance payments paid by tenants. Rents prorated to one party but received by the other party will be remitted by the recipient to the party to whom it was prorated within 5 days after the rent is received. This Paragraph 14C survives closing. 15. DEFAULT: A. If Buyer fails to comply with this contract, Buyer is in default and Seller, as Seller's sole remedy(ies), may terminate this contract and receive the earnest money, as liquidated damages for Buyer's failure except for any damages resulting from Buyer's inspections, studies or assessments in accordance with Paragraph 7C(3) which Seller may pursue; or ❑ (Check if applicable) B. If, without fault, Seller is unable within the time allowed to deliver the estoppel certificates, survey or the commitment, Buyer may: (1) terminate this contract and receive the earnest money; less any independent consideration under Paragraph 7B(1), as liquidated damages and as Buyer's sole remedy; or (2) extend the time for performance up to 15 days and the closing will be extended as necessary. C. Except as provided in Paragraph 15B, if Seller fails to comply with this contract, Seller is in default and Buyer may: (1) terminate this contract and receive the earnest money, less any independent consideration under Paragraph 7B(1), as liquidated damages and as Buyer's sole remedy; or (2) enforce specific performance, or seek such other relief as may be provided by law, or both. 16. CONDEMNATION: If before closing, condemnation proceedings are commenced against any part of the Property, Buyer may: A. terminate this contract by providing written notice to Seller within 15 days after Buyer is advised of the condemnation proceedings and the earnest money, less any independent consideration paid under Paragraph 7B(1), will be refunded to Buyer; or B. appear and defend in the condemnation proceedings and any award will, at Buyer's election, belong to: (1) Seller and the sales price will be reduced by the same amount; or (2) Buyer and the sales price will not be reduced. 17. ATTORNEY'S FEES: If Buyer, Seller, any broker, or the title company is a prevailing party in any legal proceeding brought under or with relation to this contract or this transaction, such party is entitled to recover from the non -prevailing parties all costs of such proceeding and reasonable attorney's fees. This Paragraph 17 survives termination of this contract. 18. ESCROW: A. At closing, the earnest money will be applied first to any cash down payment, then to Buyer's closing costs, and any excess will be refunded to Buyer. If no closing occurs, the title company may require payment of unpaid expenses incurred on behalf of the parties and a written release of liability of the title company from all parties. B. If one party makes written demand for the earnest money, the title company will give notice of the demand by providing to the other party a copy of the demand. If the title company does not receive written objection to the demand from the other party within 15 days after the date the title company sent the demand to the other party, the title company may disburse the earnest money to the party making demand, reduced by the amount of unpaid expenses incurred on behalf of the party receiving the earnest money and the title company may pay the same to the creditors: (TAR -1802) 4-1-18 Initialed for Identification by Seller and Buyer t�'�`„—✓ Page 9 of 14 Produced with zipFoung by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 vAvw zioLoaix.com 0.62 AC Laurel- Commercial Contract - Unimproved Property concerning 0.6244 AC Laurel Street, Beaumont, TX 77701 C. The title company will deduct any independent consideration under Paragraph 7B(1) before disbursing any earnest money to Buyer and will pay the independent consideration to Seller. D. If the title company complies with this Paragraph 18, each party hereby releases the title company from all claims related to the disbursal of the earnest money. E. Notices under this Paragraph 18 must be sent by certified mail, return receipt requested. Notices to the title company are effective upon receipt by the title company. F. Any party who wrongfully fails or refuses to sign a release acceptable to the title company within 7 days after receipt of the request will be liable to the other party for: (i) damages; (ii) the earnest money; (iii) reasonable attorney's fees; and (iv) all costs of suit. G. ❑ Seller ❑ Buyer intend(s) to complete this transaction as a part of an exchange of like -kind properties in accordance with Section 1031 of the Internal Revenue Code, as amended. All expenses in connection with the contemplated exchange will be paid by the exchanging party. The other party will not incur any expense or liability with respect to the exchange. The parties agree to cooperate fully and in good faith to arrange and consummate the exchange so as to comply to the maximum extent feasible with the provisions of Section 1031 of the Internal Revenue Code. The other provisions of this contract will not be affected in the event the contemplated exchange fails to occur. 19. MATERIAL FACTS: To the best of Seller's knowledge and belief: (Check only one box.) ❑ A. Seller is not aware of any material defects to the Property except as stated in the attached Commercial Property Condition Statement (TAR -1408). ❑ B. Except as otherwise provided in this contract, Seller is not aware of: (1) any subsurface: structures, pits, waste, springs, or improvements; (2) any pending or threatened litigation, condemnation, or assessment affecting the Property; (3) any environmental hazards or conditions that materially affect the Property; (4) whether the Property is or has been used for the storage or disposal of hazardous materials or toxic waste, a dump site or landfill, or any underground tanks or containers; (5) whether radon, asbestos containing materials, urea -formaldehyde foam insulation, lead-based paint, toxic mold (to the extent that it adversely affects the health of ordinary occupants), or other pollutants or contaminants of any nature now exist or ever existed on the Property; (6) any wetlands, as defined by federal or state law or regulation, on the Property; (7) any threatened or endangered species or their habitat on the Property; (8) any present or past infestation of wood -destroying insects in the Property's improvements; (9) any contemplated material changes to the Property or surrounding area that would materially and detrimentally affect the ordinary use of the Property; (10)any condition on the Property that violates any law or ordinance. (Describe any exceptions to (1)-(10) in Paragraph 12 or an addendum.) 20. NOTICES: All notices between the parties under this contract must be in writing and are effective when hand -delivered, mailed by certified mail return receipt requested, or sent by facsimile transmission to the parties addresses or facsimile numbers stated in Paragraph 1. The parties will send copies of any notices to the broker representing the party to whom the notices are sent. ❑ X A. Seller also consents to receive any notices by e-mail at Seller's e-mail address stated in Paragraph 1. X B. Buyer also consents to receive any notices by e-mail at Buyer's e-mail address stated in Paragraph 1. 21. DISPUTE RESOLUTION: The parties agree to negotiate in good faith in an effort to resolve any dispute related to this contract that may arise. If the dispute cannot be resolved by negotiation, the parties will submit the dispute to mediation before resorting to arbitration or litigation and will equally share the costs of a mutually acceptable mediator. This paragraph survives termination of this contract. This paragraph does not preclude a party from seeking equitable relief from a court of(m� petent jurisdiction. (TAR -1802) 4-1-18 Initialed for Identification by Seller and Buyerr , Page 10 of 14 Produced with zipForm® by zipLoglx 18070 Fifteen Mile Road, Fraser, Michigan 48026 www zioLocix com 0.62 AC Laurel - Commercial Contract - Unimproved Property concerning 0.6244 AC Laurel Street, Beaumont, TX 77701 22. AGREEMENT OF THE PARTIES: A. This contract is binding on the parties, their heirs, executors, representatives, successors, and permitted assigns. This contract is to be construed in accordance with the laws of the State of Texas. If any term or condition of this contract shall be held to be invalid or unenforceable, the remainder of this contract shall not be affected thereby. B. This contract contains the entire agreement of the parties and may not be changed except in writing. C. If this contract is executed in a number of identical counterparts, each counterpart is an original and all counterparts, collectively, constitute one agreement. D. Addenda which are part of this contract are: (Check all that.apply.) X (1) Property Description Exhibit identified in Paragraph 2; { { (4) 1 G + carrarcraun-fvr-vp. eial PFey s (TAR .1944 {$) ; X (8) Information About Brokerage Services (TAR -2501); /n\ 1 f - i' Abeat Mi 1 Glauses G tFaet Fe s (TAD 2609) X (10)Jefferson County Drainage District 6 Notice to Purchaser City of Beaumont Resolution No 17-112 (Note: Counsel for the Texas Association of REALTORS® (TAR) has determined that any of the foregoing addenda which are promulgated by the Texas Real Estate Commission (TREC) or published by TAR are appropriate for use with this form.) E. Buyer 9 may ❑ met assign this contract. If Buyer assigns this contract, Buyer will be relieved of any future liability under this contract only if the assignee assumes, in writing, all obligations and liability of Buyer under this contract. 23. TIME: Time is of the essence in this contract. The parties require strict compliance with the times for performance. If the last day to perform under a provision of this contract falls on a Saturday, Sunday, or legal holiday, the time for performance is extended until the end of the next day which is not a Saturday, Sunday, or legal holiday. 24. EFFECTIVE DATE: The effective date of this contract for the purpose of performance of all obligations is the date the title company receipts this contract after all parties execute this contract. 25. ADDITIONAL NOTICES: A. Buyer should have an abstract covering the Property examined by an attorney of Buyer's selection, or Buyer should be furnished with or obtain a title policy. B. If the Property is situated in a utility or other statutorily created district providing water, sewer, drainage, or flood control facilities and services, Chapter 49, Texas Water Code, requires Seller to deliver and Buyer to sign the statutory notice relating to the tax rate, bonded indebtedness, or standby fees of the district before final execution of this contract. C. Notice Required by §13.257, Water Code: The real property, described below, that you are about to purchase may be located in a certificated water or sewer service area, which is authorized by law to provide water or sewer service to the properties in the certificated area. If your property is located Ina certificated area there may be special costs or charges that you will be required to pay before you can receive water or sewer service. There may be a: period required to construct lines or other facilities necessary to provide water or sewer service to your property. You are advised to determine if the property is in a certificated area and contact the utility service provider to determine the cost that you (TAR -1802) 4-1-18 Initialed for Identification by Seller and Buyer, Page 11 of 14 Produced with zlpForrn® by zipLogiz 18070 Fifteen Mlle Road, Fraser, Michigan 48026 .zI L 0.62 AC Leurel- Commercial Contract - Unimproved Property concerning 0.6244 AC Laurel Streel.,Beaumont TX 77701 will be required to pay and the period, if any, that is required to provide water or sewer service to your property. The undersigned purchaser hereby acknowledges receipt of the foregoing notice at or before the execution of a binding contract for the purchase of the real property described in the notice or at closing of purchase of the real property." The real property is described in Paragraph 2 of this contract. D. If the Property adjoins or shares a common boundary with the tidally influenced submerged lands of the state, §33.135 of the Texas Natural Resources Code requires a notice regarding coastal area property to be included as part of this contract (the Addendum for Coastal Area Property (TAR -1995) may used). E. If the Property is located seaward of the Gulf Intracoastal Waterway, §61.025, Texas Natural Resources Code, requires a notice regarding the seaward location of the Property to be included as part of this contract (the Addendum for Property Located Seaward of the Gulf Intracoastal Waterway (TAR -1916) maybe used). F. If the Property is located outside the limits of a municipality, the Property may now or later be included in the extra -territorial jurisdiction (ETJ) of a municipality and may now or later be subject to annexation by the municipality. Each municipality maintains a map that depicts its boundaries and ETJ. To determine if the Property is located within a municipality's ETJ, Buyer should contact all municipalities located in the general proximity of'the Property for further information. G. Brokers are not qualified to perform property inspections, surveys, engineering studies, environmental assessments, or inspections to determine compliance -with zoning, governmental regulations, or laws. Buyer should seek experts to perform such services. Buyer should review local building codes, ordinances and other applicable laws to determine their effect on the Property. Selection of experts, inspectors, and repairmen is the responsibility of Buyer and not the brokers. Brokers are not qualified to determine the credit worthiness of the parties. H. NOTICE OF WATER LEVEL FLUCTUATIONS: If the Property adjoins an impoundment of water, including a reservoir or lake, constructed and maintained under Chapter 11, Water Code, that has a storage capacity of at least 5,000 acre-feet at the impoundment's normal operating level, Seller hereby notifies Buyer: "The water level of the impoundment of water adjoining the Property fluctuates for various reasons, including as a result of: (1) an entity lawfully exercising its right to use the water stored in the impoundment; or (2) drought or flood conditions." I. LICENSE HOLDER DISCLOSURE: Texas law requires a real estate license holder who is a party to a transaction or acting on behalf of a spouse, parent, child, business entity in which the license holder owns more than 10%, or a trust for which the license holder acts as a trustee or of which the license holder or the license holder's spouse, parent or child is a beneficiary, to notify the other party in writing before entering into a contract of sale. Disclose if applicable: 26. CONTRACT AS OFFER: The execution of this contract by the first party constitutes an offer to buy or sell the Property. Unless the other party accepts the offer by 5:00 p.m., in the time zone in which the Property is located, on , the offer will lapse and become null and void. (TAR -1802) 4-1718 Initialed for Identification by Seller and Buyer Page 12 of 14 Produced with zipFornYD by ApLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www znLogix.com 0.62 AC Laurel- Commercial Contract - Unimproved Property concerning 0,6244 AC Laurel Street, Beaumont, TX 77701 READ THIS CONTRACT CAREFULLY. The brokers and agents make no representation or recommendation as to the legal sufficiency, legal effect, or tax consequences of this document or transaction. CONSULT your attorney BEFORE signing. Seller: City Of Beaumonta Texas municipal corporation By: By: By (signature): Printed Name: Kyle Hayes Title: City Manager By (signature): Printed Name: Title: (TAR -1802) 4-1-18 Buyer:Ken Whitlow, Trustee By: y (signature): Printed Name: Ken Whitlow Title: Trustee By: By (signature): Printed Name: Title: Page 13 of 14 Produced with zlpFormM by zlpLoglx 18070 Fifteen Mlle Road, Fraser, Michigan 48026 www zioLodix.com 0.62 AC Laurel - Commercial Contract -Unimproved Property concerning 0.6244 AC Laurel Street, Beaumont TX 77701 Seller's attorney: Address: Phone & Fax: ATTORNEYS Buyer's attorney: Ken Whitlow Whitlow Law Firm Address: Beaumont, TX 77726 4 Phone & Fax: (409)860-3228 (409)860-3619 E-mail: E-mail: ken whitlownawhitlowiega) com Seller's attorney requests copies of documents, Buyer's attorney requests copies of documents, notices, and other information: notices, and other information: the title company sends to Seller. X the title company sends to Buyer. Buyer sends to Seller. X Seller sends to Buyer. The title company acknowledges receipt of: A, the contract on this day B. earnest money in the amount of $ _ on Title company: Texas Regional Title Company By: Assigned file number (GF#): ESCROW RECEIPT (effective date); in the form of Address: 7675 Folsom Road Bldg. 100 Beaumont, TX 77706 Phone & Fax: (409)861-7300 E-mail:molly mallet(a)texasreciional com (TAR -1802) 4-1-18 Page 14 of 14 Produced with zipForm® by zipLogtx 18070 Fifteen We Road, Fraser, Michigan 48026 www zioLoaix.eom D.62 AC Leurel- the fee te be Pal ef sales o PFIFl61pal BFeifeF-. Seller's attorney: Address: Phone & Fax: ATTORNEYS Buyer's attorney: Ken Whitlow Whitlow Law Firm Address: Beaumont, TX 77726 4 Phone & Fax: (409)860-3228 (409)860-3619 E-mail: E-mail: ken whitlownawhitlowiega) com Seller's attorney requests copies of documents, Buyer's attorney requests copies of documents, notices, and other information: notices, and other information: the title company sends to Seller. X the title company sends to Buyer. Buyer sends to Seller. X Seller sends to Buyer. The title company acknowledges receipt of: A, the contract on this day B. earnest money in the amount of $ _ on Title company: Texas Regional Title Company By: Assigned file number (GF#): ESCROW RECEIPT (effective date); in the form of Address: 7675 Folsom Road Bldg. 100 Beaumont, TX 77706 Phone & Fax: (409)861-7300 E-mail:molly mallet(a)texasreciional com (TAR -1802) 4-1-18 Page 14 of 14 Produced with zipForm® by zipLogtx 18070 Fifteen We Road, Fraser, Michigan 48026 www zioLoaix.eom D.62 AC Leurel- EXHIBIT A Legal Description: 0.6244 Acre Tract or Parcel of Land Noah Tevis Survey, Abstract No. 52 Beaumont, Jefferson County, Texas BE1ING a 0.6244 acre tract or parcel of land situated in the Noah Tevis Survey, Abstract No. 52, Jef,4rscn County, Texas and being out of and part of the re.na�ynder of *,hat certain called 35,912.80 square feet tract of land as described in a "General Warranty Deed" from First City National Bank of Beaumont to the City of Beaumont as recorded in Film Code No. 100-72-0784, Official Public Records of Real Property, Jefferson County, Texas and being out of and part of that certain portion of Crockett Street lying between Park Street and Orleans Street as vacated and abandoned by City of Beaumont Ordinance No. 17-005 dated January 21, 2017, said 0.6244 acre tract being more particularly described as follows: NOTT. All bearings are referenced to the Southeasterly right-of-way lige of Park Sheet as NORTH 40°28'.15" WEST as recorded in Fihn Code No. 100-72-0784, Oficial Public Records of Real Property, Jefferson County, Texas. All set 5/8" iron rods set with caps stamped W. W. Niteley & Associates", COMAMNCING at a City of Beaumont concrete monument found for the intersection of Neches Street and Crockett Street (based on a width of 6 1. 11 feet); THENCE NORTH 49031'45" EAST, along and with the centerline of Crockett Street, for a distance of 391.61 feet to a scribed "X" in concrete set for corner and the POINT Or BEGINNING of the tract herein described, said corner being in centerline of Crockett Street and the Northeasterly right of way line of Park Street. (called Sabine Street per plat) (based on a width of 6 1. 11 feet); THENCE NORTH 40028'15" WEST, along and with the Northeasterly right of way line of Parc Street, for a distance of 100.11 feet to a 5/8" iron rod set for corner; THENCE NORTH 49010'56" EAST, over and across the remainder of the said 35,912.80 square feet City of Beaumont tract, for a distance of 51.93 feet to a 5/8" iron rod set for coiner; THE, NCE NORTH 09000'47" WEST, continuing over and across the remainder of the said 35,912.80 square feet City of Beaumont tract for a distance of 53.14 feet to a 5/8" iron rod set for corner, said corner being in the South right of way line of Laurel Street; THENCE NORTH 78040'38" EAST, along and with the South right of way line of Laurel Street, for a distance of 252.29 feet to a 5/8" iron rod set for corner, said corner being in the intersection of the South right of way line of Laurel Street and the Southwesterly right of way Iine of Orleans Street (based on a width of 61.11 feet); THENCE SOUTH 40028'15" EAST, along and with the Southwesterly right of way line of Orleans Street, for a distance of 22.88 feet to a calculated corner (unable to find or set due to waterline), said corner being in the centerline of the abandoned Crockett Street; THENCE SOUTH 49°31'45" WEST, along and with the centerline of the abandoned Crockett Street, for a distance of 300,00 feet to the PONT OF BEGINNING and containing 0,6244 Acres, more or less. Surveyed on November 12, 2015, This legal description is being submitted along with a plat based on this survev. Thomas S. Rowe, RPLS No. 5728� 0 ...........v1... .,..ti. 5228 V L TBPLS Firm No.: 10106700 .ass doe �y� surlv�, - W:U015115.1250154250 HDY Tf&D.docc ver�un~�emurm_v.uuvrtrtunn, � Ll - Y'= FANNINSTREET NOTICE TO PURCHASERS The real property described below, which you are about to purchase, is located in Jefferson County Drainage- District No. 6. The District has taxing authority separate from any other taxing authority and may, subject to voter approval, issue an unlimited rate of tax in payment of such bonds. As of this date, the rate of taxes levied by the District on real property located in the District is 22.0587 cents on each $100 of assessed valuation. The total amount of bonds that have been approved by the voters and which may be issued by the District (excluding refunding bonds and any bonds or portion of bonds payable solely from revenues received or expected to be received pursuant to a contract with a governmental entity) is $0; however, contract revenue refunding bonds have been approved by the District's Board in the following original amounts Series 2003 - $4,995,000. The aggregate initial principal amount of all bonds of the District payable in whole or part from taxes (excluding refunding bonds and any bonds or portion of bonds payable solely from revenues received or expected to be received pursuant to a contract with a governmental entity) that have been previously issued is $0, however, the current principal amounts of contract revenue refunding bonds outstanding are as follows: Series 2003 Contract Revenue Refunding Bonds - $950,000. The contract revenue refunding bonds are serviced through taxes collected for maintenance and operating. Funds from maintenance and operating are transferred to debt service for annual installments toward payment of the contract revenue refunding bonds. No separate tax is collected for contract revenue refunding bonds. The District does not impose a standby fee. The purpose of this District is to provide drainage or flood control facilities and services within the District through the issuance of bonds payable in whole or in part from property taxes. The cost of these utility facilities is not included in the purchase price of your property, and these utility facilities are owned or to be owned by the District. The legal description of the property which you are acquiring is as follows: See Exhibit A Date (Seller) PURCHASER IS ADVISED THAT THE INFORMATION SHOWN ON THIS FORM IS SUBJECT TO CHANGE BY THE DISTRICT AT ANY TIME. THE DISTRICT ROUTINELY ESTABLISHES TAX RATES DURING THE MONTHS OF SEPTEMBER THROUGH DECEMBER OF EACH YEAR, EFFECTIVE FOR THE YEAR IN WHICH THE TAX RATES ARE APPROVED BY THE DISTRICT. PURCHASER IS ADVISED TO CONTACT THE DISTRICT TO DETERMINE THE STATUS OF ANY CURRENT OR PROPOSED CHANGES TO THE INFORMATION SHOWN ON THIS FORM. The undersigned purchaser hereby acknowledges receipt of the foregoing notice at or prior to execution of a binding contract for the purchase of the real property described in such notice or at closing of purchase of the real property. _ / / /2- 7 Da (Buyer) 11/2/2015 Information About Brokerage Services wuuWo Texas law requires all real estate licensees to give the following information about owmuunm brokerage services to prospective buyers, tenants, sellers and landlords. TYPES OF REAL ESTATE LICENSE HOLDERS: • A BROKER is responsible for all brokerage activities, including acts performed by sales agents sponsored by the broker. • A SALES AGENT must be sponsored by a broker and works with clients on behalf of the broker. A BROKER'S MINIMUM DUTIES REQUIRED BY LAW (A client is the person or party that the broker represents): • Put the interests of the client above all others, including the broker's own interests; • Inform the client of any material information about the property or transaction received by the broker; • Answer the client's questions and present any offer to or counter-offer from the client; and • Treat all parties to a real estate transaction honestly and fairly. A LICENSE HOLDER CAN REPRESENT A PARTY IN A REAL ESTATE TRANSACTION: AS AGENT FOR OWNER (SELLER/LANDLORD): The broker becomes the property owner's agent through an agreement with the owner, usually in a written listing to sell or property management agreement. An owner's agent must perform the broker's minimum duties above and must inform the owner of any material information about the property or transaction known by the agent, including information disclosed to the agent or subagent by the buyer or buyer's agent. AS AGENT FOR BUYERITENANT: The broker becomes the buyer/tenant's agent by agreeing to represent the buyer, usually through a written representation agreement. A buyer's agent must perform the broker's minimum duties above and must inform the buyer of any material information about the property or transaction known by the agent, including information disclosed to the agent by the seller or seller's agent. AS AGENT FOR BOTH - INTERMEDIARY: To act as an intermediary between the parties the broker must first obtain the written agreement of each party to the transaction. The written agreement must state who will pay the broker and, in conspicuous bold or underlined print, set forth the. broker's obligations as an intermediary. A broker who acts as an intermediary: • Must treat all parties to the transaction Impartially and fairly; • May, with the parties' written consent, appoint a different license holder associated with the broker to each party (owner and buyer) to communicate with, provide opinions and advice to, and carry out the instructions of each party to the transaction. Must not, unless specifically authorized in writing to do so by the party, disclose: o that the owner will accept a price less than the written asking price; o that the buyer/tenant will pay a price greater than the price submitted in a written offer; and o any confidential information or any other information that a party specifically instructs the broker in writing not to disclose, unless required to do so by law. AS SUBAGENT: A license holder acts as a subagent when aiding a buyer in a transaction without an agreement to represent the buyer. A subagent can assist the buyer but does not represent the buyer and must place the interests of the owner first. TO AVOID DISPUTES, ALL AGREEMENTS BETWEEN YOU AND A BROKER SHOULD BE IN WRITING AND CLEARLY ESTABLISH: • The broker's duties and responsibilities to you, and your obligations under the representation agreement. • Who will pay the broker for services provided to you, when payment will be made and how the payment will be calculated. LICENSE HOLDER CONTACT INFORMATION: This notice is being provided for information purposes. It does not create an obligation for you to use the broker's services. Please acknowledge receipt of this notice below and retain a copy for your records. KenWheel, Inc., dba Wheeler Commercial 579943 IwheelerO-wheeler-commercial.com (409)899-3300 Licensed Broker /Broker Firm Name or License No. Email Phone Primary Assumed Business Name Lee Y. Wheeler, III 467055 Iwheeler(d_)wheeler-commerclal.com (409)899-3300 Designated Broker of Firm License No. Email Phone Licensed Supervisor of Sales Agent/ License No. Associate Email Phone Sales Agent/Associate's Name License No.' L Fpm it g Phone Buyer/Tenant/Seller/Landlord Initials D( to Regulated by the Texas Real Estate Commission Information available at www.trec.texas.gov TAR -2501 IABS 1-0 Date Lee Wheeler, 450 Borrie SL Beaumont TX 77701 Phone: 409-899-3300 Fax: 409-899-3301 0.62 AC Laurel - Erica Coss Produced with ApForm® by zipLoglx 18070 Fifteen Mile Road, Fraser, Michigan 48026 www zinLoaix.com RESOLUTION NO. 17-112 WHEREAS, the City of Beaumont is selling a 0.6244 irregular shaped city -owned tract of property Iocated in the 700 block of Laurel Avenue known as the Crockett Street Parking Lot; and, WHEREAS, prior to selling the 0.6244 acre tract, the City must retain a fifteen foot (15') exclusive storm sewer easement, said easement being a 0.0510 acre tract situated in the Noah Tevis Survey, Abstract No. 52, as described and shown in Exhibit "1," attached hereto, for the existing infrastructure providing storm sewer services to adjacent land owners and businesses in the 700 block of Laurel Avenue; and, WHEREAS, the City Council has considered the purpose of said easement and Is of the opinion that the retention of said interest is necessary and desirable and that same should be retained and accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT one (1) fifteen foot (1) wide exclusive storm sewer easement conveyed by the City of Beaumont, Texas, being a 0.0510 acre tract situated in the Noah Tevis Survey, Abstract No. 52, as described and shown in Exhibit "1," attached hereto, be and the same is hereby, in all things, retained and accepted for the stated purpose. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 30th day of May, 2017. U ' Vyor Becky ,. 700 Block of Laurel - 0.6244 acre parking lot (water fountain is not included in the sale) t .3 ., '' r q �' �' ub't� ♦ ti:.s d* _„♦, "T4ry"x'ti 1 'µ .arr ---.� y.: a^',,"'7+i' _M 1�...�� 4,�'.f...r. �"� _ f p ,.�'r.. m - �1 fJ�t'r� p e ���♦�� ♦ t I' ' �` ' �1 t ``, ,.+ � n 4 s:: �r .: �it,.; � , , �fi ♦ w�" ,�.* r k'�. e •rte ,♦ -� ` �.. r , �" � . - 'z. �s � ,,�,,�,. �� y., (, t��t �'" j., .°�� � e� ��'� 9 /� 1y'����1''�'. ��S t" � c,��"� ^a't; R `+5}".,Aa"'✓" x.,,� ,%fi '. 4 ta'��q �- ,, ,/F� i �- .!� - `.; � --r - i! •�`;,°i d �'�, x � ' -�,. .., pf' f><t �� _ f � .-^•'!'S -. r/ � � ' �^7 ��' Vii! ' '' � m � ■ - � . } �" ° ad .♦ C h j, '.*!^ f V \ r F •a I 4 A �t „ ry �� =. '47 : �.,� �� _��- ,'". 'hjs ♦��`��.,. - _ _ � fit, 1. r d. xp':. , k � . _ x �7� f -�� u- i `P � ,•, '� �V„a f � tf�l. i. ff•' * 'L Yr' , . N 4 ei t � a �, � f♦' cx c .. wn tl�; w'^:*�a- i.a ;�, i, �`�Z..-♦ ... o i • p�rryy y., � FFF""""' .. :.`�, rY+ Y 1 " v 4 ,.; . , �� � �i .��.�\ �} > �✓ +`moi, w�� j�` � � n. '� �:�&l .� r ••' rat �� + � , td ". •.. � ."k / r* ' �^,." -' '�`� / .• '*. �� °«�.-tea f. 'cs 'A. �-r ,. �'�+� _ -or p, ,'k,.. \` ti`j t ^r. ,.'�._ .. , � .,`, .F �� '"�„�k"F � ���f z%/✓�//ji T`. �� *''�� � �ii... � gyp, f � t "� , ♦ � tea', � � '` h � �, ;%�J r,i _ s. . „ e y � M 6 PGS EAS STATE OF TEXAS X KNOW ALL MEN BY THESE PRESENTS: COUNTY OF JEFFERSON X STORM SEWER EASEMENT THAT, CITY OF BEAUMONT, a municipal corporation domiciled in Jefferson County Texas, hereinafter called "GRANTOR", whether one or more, for and in consideration of the sum of ONE AND NO/100 DOLLAR ($1.00), and other good and valuable consideration to us in hand paid by the CITY OF BEAUMONT, a municipal corporation domiciled in Jefferson County, Texas, hereinafter called "GRANTEE", the receipt and sufficiency of which consideration is hereby acknowledged, has GRANTED, SOLD and CONVEYED, and by these presents does GRANT, SELL and CONVEY unto the CITY OF BEAUMONT, P. O. Box 3827, Beaumont, Texas 77704, Jefferson County, Texas, its successors and assigns, an Exclusive Storm Sewer Easement and the exclusive right to construct, alter, and maintain said storm sewer lines and appurtenances on the hereinafter described lands which said easement is under, over, in and across those certain tracts or parcels of land owned by GRANTOR situated in the County of Jefferson, State of Texas, and being more particularly described in Exhibits "A & B", attached , and made a part hereof for all purposes. The easement herein granted shall be used for the purpose of placing, constructing, operating, repairing, rebuilding, replacing, relocating, and/or removing storm sewer lines and appurtenances, and the following rights are also hereby conveyed collectively, the "Easement Rights". It is expressly understood and agreed that the City of Beaumont shall have the right of ingress to and egress from the tracts of land hereinbefore described and use of the same for the purposes aforesaid, and giving said City the right and privilege to improve, maintain and operate the same as permitted by law. GRANTOR agrees not to place any structures or appurtenances within the Easement Property that will interfere with Grantee's ability to exercise the Easement Rights. Grantee shall not be responsible for the repair and replacement of any paving or other structures within the Easement Property. TO HAVE AND TO HOLD the above described easement and right-of-way unto the said CITY OF BEAUMONT, its successors and assigns forever. -�' EXECUTED this 9 Sday of �< , 2017 - CITY OF BEAUMONT, a municipal corporation domiciled in Jefferson County BY: Name: Kyle Hayes Title: City Manager {INTENTIONALLY LEFT BLANK} EXHIBIT "A" Legal Description: Centerline of a 15 Foot Wide Storm Sewer Easement Containing 0.0510 Acres ' Noah Tevis Survey, Abstract No. 52 Beaumont, Jefferson County, Texas BEING a centerline of a 15 foot wide storm sewer easement containing 0.0510 acres situated in the Noah Tevis Survey, Abstract No. 52, Jefferson County, Texas and being out of and part of the remainder of that certain called 35,912.80 square feet tract of land as described in a "General Warranty Deed" from First City National Bank of Beaumont to the City of Beaumont as recorded in Film Code No. 100-72-0784, Official Public Records of Real Property, Jefferson County, said centerline being more particularly described as follows: NOTE. A11 bearings are referenced to the Southeasterly right-of-way line of Park Street as NORTH 40°28'15" WEST as recorded in Film Code No. 100-72-0784, Oficial Public Records of Real Property, Jefferson County, Texas. All set 5/8" iron rods set with caps stamped W. W. Whiteley & Associates". COMMENCING at a City of Beaumont concrete monument found for the intersection of Neches Street and Crockett Street (based on a width of 61.11 feet); THENCE NORTH 49031'45" EAST, along and with the centerline of Crockett Street, for a distance of 391.61 feet to a scribed "X" in concrete set for corner, said corner being in centerline of Crockett Street and the Northeasterly right of way line of Park Street (called Sabine Street per plat) (based on a width of 61.11 feet); THENCE NORTH 40°28'15" WEST, along and with the Northeasterly right of way line of Park Street, for a distance of 153.79 feet to a scribed "X" in concrete set for corner; THENCE NORTH 11 018'22" WEST, along and with the Northeasterly right of way line of Park Street, for a distance of 14.49 feet to the POINT OF BEGINNING of the centerline herein described; THENCE NORTH 71058'12" EAST, over and across the remainder of the said 35,912.80 square feet City of Beaumont tract, for a distance of 148.03 feet to the POINT OF TERMINATION, said point being in the South right of way line of Laurel Street, said easement being 0.0510 Acres, more or less. Surveyed on N on this survey. 12, 2015. This legal descri is being submitted along with a plat based Thomas S.Rowe, RPLS No. 5728 TBPLS Firm No.: 10106700 %VA20I5115-1250115-1250 SANITARY SEWER EASUIENC M&BAD" EXHIBIT "A" bIARKW WHITELEY & ASSOCIA I-- LLI Lu IY H co uj v LLj i FND N11*18'22"W 31. N11'18'224W 14.49• SET SCRIBED ') IN CONCRETE 1 FND. CITY OF BEAUMONT CONC. MON. CENTERLINES OF NECHES STREET & CROCKETT STREET N49'31'45"E 391.61' N z Lal IVT .0 `STR APPROXOF CATION �2'F 748 ��`�• Pi 7' X 7' BOX CULVERT •�$ STORM SEWER 15' STORM \ SEWER EASEMENT \ \ M\ TO THE OWNERS OF THE PREMISES SURVEYED AS OF THE DATE OF THE SURVEY: CONTAINING \ STM, 0.0510 Acres REMAINDER OF CALLED 35,912.80 SQ, FT. CITY OF BEAUMONT FC. NO. 100-72-0784 OPRJC I, THOMAS 5. ROWE DO HEREBY CERTIFY THAT THIS SURVEY WAS THIS DAY MADE ON THE SURFACE OF THE GROUND OF THE PROPERTY LEGALLY DESCRIBED HEREON AND CORRECTLY REPRESENTS THE FACTS FOUND AT THE TIME OF THE SURVEY. DATE 2015 9 \ STM\ STM \ STM \STM \ STM \ STM O MH _ORIGINAL PROPERTY LINE CROCKETT STREET— (ABANDONED BY CITY ORDINANCE NO. 1 (61.11' ROW) DATED JANUARY 21, 2017) EXHIBIT "BID REFER TO EXHIBIT "A" FOR LEGAL DESCRIPTION CITY OF BEAUMONT MART( W. WHITELEY AND ASSOCIATES INCORPORATED CONSULTING ENGINEERS, SURVEYORS, AND PLANNERS T.B.P.L.S. FIRM NO,10106700 P. O. DOX"02 3250 EASTEX FRWY, DNT, 7EXASM20.5402 BEAUMONT, TEXAS77702 40D•102.0421 (FAX) 40492-1340 EXHIBIT OF A 15' STORM SEWER EASEMENT NOAH TEVIS SURVEY ABSTRACT NO. 52 BEAUMONT, JEFFERSON COUNTY, TEXAS RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to execute an Earnest Money Contract with Ken Whitlow, Trustee for the sale of a 0.6244 acre tract of land located at the 700 block of Laurel Avenue for a cash offer of $95,000.00; and, BE IT FURTHER RESOLVED THAT the City Manager is hereby authorized to execute all documents necessary for the sale of the property and improvements. 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 11th day of December, 2018. - Mayor Becky Ames - December 11, 2018 Consider an ordinance amending the design manual to address the location of small cell support poles BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tyrone E. Cooper, City Attorney MEETING DATE: December 11, 2018 REQUESTED ACTION: Council consider an ordinance amending the design manual to address the location of small cell support poles. BACKGROUND On August 28, 2017 the City Council passed Ordinance No. 17-055 adopting a design manual for the installation of network nodes and node support poles within the City of Beaumont. Since that time, City staff has had an opportunity to administer the installation of several small cell towers in the City. In doing so, staff has recognized the need to amend the design manual to address the location of the small cell support poles, specifically the spacing between other node support poles. The amendment is intended to require small cell node support poles to be no less than a minimum of 300 feet from another node support pole and requiring prior approval of Entergy for location of cell support poles. The amendment will also amend the Pole Attachment Agreement. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of ordinance. ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING SECTIONS 4E(1) AND 5B OF THE DESIGN MANUAL; ADDING SECTION 6C AND 6D TO THE DESIGN MANUAL; AMENDING POLE ATTACHMENT AGREEMENT SECTION 10; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL; AND PROVIDING A PENALTY. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. THAT Section 4E of the Design Manual be and the same is hereby amended to read as follows: ` E. New Node Support Poles. 1. New Node Support Poles Spacing. New node support poles shall be spaced apart from the existing utility poles or Node Support poles at the same as the spacing between utility poles in the immediate proximity, but no less than a minimum of 300 feet from another Node Support Pole to minimize the hazard of poles adjacent to the road ways and to minimize effect on property values and aesthetics on the area. Section 2. THAT Section 5B of the Design Manual be and the same is hereby amended to read as follows: B. New Node Support Pole Spacing. New node support poles shall be at a minimum of 300 feet from another Node Support Pole to minimize the hazard of poles adjacent to road ways and to minimize effect on property values and aesthetics on the area. Section 3. THAT the Design Manual be and the same is hereby amended by adding an new Section 6C and 6D to read as follows: SECTION 6. ELECTRICAL SUPPLY C. Power boxes (meters) are to be constructed of metal material and mounted on the Node Support Pole. D. Prior to review of the application by the City, the applicant is to secure and show proof of approval of the proposed support pole locations from Entergy Texas, Inc. Section 4. THAT Pole Attachment Agreement Section 10 be and the same is hereby amended to read as follows: 10. This Agreement shall be governed by the law of the State of Texas and construed in conformity with the provisions of Texas Local Government Code, Chapter 284. Venue shall lie in Beaumont, Jefferson County, Texas. Section 5. 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 6. That all ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only. Section 7. 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 11th day of December, 2018. - Mayor Becky Ames - E:3 December 11, 2018 Consider an ordinance amending Chapter 14 of the Code of Ordinances to implement regulations in the installation of small cells in Beaumont BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tyrone E. Cooper, City Attorney MEETING DATE: December 11, 2018 REQUESTED ACTION: Council consider an ordinance amending Chapter 14 of the Code of Ordinances of Beaumont, Texas to implement regulations in the installation of small cells in Beaumont. BACKGROUND On August 28, 2017 the City Council adopted Chapter 14 of the Code of Ordinances in anticipation of the September 1, 2017 effective date of the deployment of small cell network nodes in the public rights-of-way. Since that time, the City staff has had an opportunity to implement these regulations in the installation of small cells in Beaumont. This experience has revealed several areas of the ordinance that requires reconsideration. Those areas include spacing of poles, proximity of poles to driveways and intersections, as well as the location of meter boxes on the poles and the coordination of pole locations with Entergy. The amendments are intended to address these areas of concern. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of ordinance. ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING CHAPTER 14, SECTIONS 14.03.198(a)(7), 14.03.210(b), 14.03.210(c), and 14.03.210(e) OF THE CODE OF ORDINANCES OF BEAUMONT, TEXAS, TO IMPLEMENT REGULATIONS IN THE INSTALLATION OF SMALL CELLS IN THE CITY OF BEAUMONT AND BY ATTACHING EXHIBIT 1 AS REFERENCED IN SECTION 14.03.210(b); PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL; AND PROVIDING A PENALTY. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1.5 THAT Chapter 14, Article 14.03, Section 14.03.198(x)(7) of the Code of Ordinances of the City of Beaumont, be and the same is hereby amended to read as follows: (7) Proof of insurance as required by section 14.03.203 below. Section 2. THAT Chapter 14, Article 14.03.210(b), (c) and (e) of the Code of Ordinances of the City of Beaumont, be and the same are hereby amended to read as follows: (b) Location in Right of way, existing development. New facilities to be installed in previously developed streets should be located as in Exhibit 1 if that location is already being used by another facility, the new facility shall be located such that it does not interfere with other facilities, both existing and future. No new facilities shall be located longitudinally in a median or under existing or proposed pavement. Poles located in medians must be constructed of steel or concrete, or other material approved by the City Engineer. (c) Location in Right of Way, generally. Facilities and related ground equipment shall be placed within two feet from the outer edge of the Right -of -Way line and three feet from back of curb to minimize any obstruction, impediment, or hindrance to the usual travel or public safety on a public right-of-way. Poles are not to be located within any existing sidewalk or within 10 feet from any intersection or existing driveway. (e) Pole Spacing. New poles shall be spaced apart from existing utility poles or node support poles at the same as the spacing between utility poles in the immediate proximity, but no less than a minimum 300 feet from another node support pole to minimize the hazard of poles adjacent to road ways and to minimize effect on property values and aesthetics on the area. To maximize the line of sight at street corners and intersection and to minimize hazards at those locations, all new poles and ground equipment must be 10 feet or more from each street corner or street intersection. Section 3. THAT Chapter 14, Article 14.03.210(b) of the Code of Ordinances of the City of Beaumont, be and the same is hereby amended by attaching the referenced Exhibit I," substantially in the form attached hereto and made a part thereof as intended. Section 4. 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 5. That all ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only. Section 6. 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 11th day of December, 2018. - Mayor Becky Ames - ABOVE OR EaDW GROUND URLmES. (ENTERGY) Sul. SEWER SrORM SEWER / GA$ CITY of BEAUMONT Designated Utility Location RDAO•FAY (EN1ERG ) SAN. SEWER (WATER) //-CTV GAS � - STORiI 5E%ER !// PUBLIC WORDS DEPARTMENT ENGINEERING DIVISION 0 December 11, 2018 Consider a resolution authorizing the City Manager to execute Change Order No. 5, accept maintenance, and authorize final payment to MK Constructors for the Northwest Parkway Project BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Dr. Joseph Majdalani, Public Works Director MEETING DATE: December 11, 2018 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to execute Change Order No. 5, accept maintenance, and authorize final payment for the Construction of the Northwest Parkway Proj ect. "K —11 On October 18, 2016, by Resolution No. 16-203, City Council awarded a contract to MK Constructors, of Vidor, Texas for the Construction of Northwest Parkway (from Major Drive to Parkdale Mall Loop) Project in the amount of $12,109,789.38. Previous Change Order Nos. 1-4, in the amount of $54,663.94 resulted in an increase to the original contract amount making the new contract amount $12,164,453.32. Proposed Change Order No. 5, in the amount of $15,113.44, is required to adjust the estimates quantities in the contract to reflect actual quantities used in the completion of the project. The adjustment in quantities will result in a final contract amount of $12,179,566.76. The project has been inspected by the Engineering Division and found to be complete in accordance with the provisions and terms set forth in the contract. Acceptance of maintenance and final payment in the amount of $191,737.93 is recommended. FUNDING SOURCE Beaumont Municipal Airport Oil and Gas Revenue. RECOMMENDATION Approval of the resolution. RESOLUTION NO. 18-291 WHEREAS, on November 7, 2017, the City Council of the City of Beaumont, Texas passed Resolution No. 17-231 awarding a contract in the amount of $12,109,789.38 to MK Constructors; of Vidor, Texas, for the Northwest Parkway (From Major Drive to Parkdale Mall Loop) Construction Project; and, WHEREAS, on November 7, 2017, the City Council of the City of Beaumont, Texas passed Resolution No. 17-231 authorizing the City Manager to execute Change Order No. 1, in the amount of $15,866.93, to adjust bid items and quantities in the contract to reflect design changes needed to accommodate field conditions and discovered during the course of construction, thereby increasing the total contract amount to $12,125,656.31; and, WHEREAS, on March 12, 2018, the City Manager executed Change Order No. 2, in the amount of $1,754.31.00, for the addition of pay items and to adjust quantities to reflect changes necessary for construction, thereby increasing the total contract amount to $12,127,410.62; and, WHEREAS, on October 26, 2018, the City Manager executed Change Order No. 3, in the amount of $9,542.70, for the addition of one pay item to allow for changes necessary for construction, thereby increasing the total contract amount to $12,136,953.32; and, WHEREAS, Change Order No. 4, in the amount of $27,500.00, is required to provide additional drainage improvements to direct the surface runoff from the adjacent property to nearby catch basins and minimize the potential for ponding water on the roadway, thereby increasing the total contract amount to $12,164,453.32; I 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. 4, in the amount of $27,500.00 for additional work described above, thereby increasing the total contract amount to $12,164,453.32 for the. Northwest Parkway (From Major Drive to Parkdale Mall Loop) Construction Project; and, 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 20th day of November, 2018. At 'or Becky CITY OF BEAUMONT DATE: DECEMBER 11. 2018 PROJECT: CONSTRUCTION OF NORTHWEST PARKWAY (FROM MAJOR DRIVE TO PARKDALE MALL LOOP) PWO516-13 OWNER: CITY OF BEAUMONT CONTRACTOR: BDS CONSTRUCTORS LLC (DBA MK CONSTRUCTORS) CHANGE ORDER NO.: FIVE (5) FINAL THE FOLLOWING CHANGES IN THE PLANS AND/OR SPECIFICATIONS ARE HEREBY MADE: Addition ofpay items, adjustment of quantities and addition ofoalendar days to reflect changes necessary for construction. ITEM NO. ITEM CODE DESCRIPTION UNIT ORIGINAL QUANTITY NEW QUANTITY UNIT PRICE CHANGE ORDER AMOUNT 104 2015 REMOVING CONC SIDEWALKS COS SY 69.44 75.56 S 14.00 S 85.68 162 2002 BLOCK SODDING (CO 5) SY 6,396.00 7,350.00 S 4.50 S 4,293.00 164 2009 BROADCAST SEED (TEMP) (WARM) (CO 5) SY 14,395.00 0.00 S 0.15 S 2,159.25) 168 2001 VEGETATIVE WATERING CO 5) MO 703.00 265.60 S 11.00 $ 4,811.40) 360 2018 CURB (TYPE 11) (CO 5) LF 36,511.00 34,247.00 $ 4.00 S (9,056.00 360 2026 CONC PAV (JOINT REINF)(10') (CO 5) SY 64 763.68 64,574.97 S 54.00 S (10,190.34) 416 20D2 DRILL SHAFT (24 IN) (CO 5) LF 430.00 432.00 S 166.00 S 332.00 416 2032 DRILL SHAFT SIG POLE) 36 CO 5) LF 235.00 237.00 $ 211.00 S 422.00 464 2005 IRC PIPE CL 24 IN) (CO 5) LF 2275.00 2,339.00 S $1.00 S 3264.00 496 2007 REMOV STR (PIPE) (COS) LF 274.00 329.00 S 25.00 S 1.375.00 502 2001 BARRICADES, SIGNS & TRAFFIC HANDLING (CO 5) MO 19.667 21.76 $ 1,204.00 S 2,519.97 506 2004 ROCKFILTER DAMS (INSTALL) 4 CO 5) LF 113.00 179.00 S 56.00 S 3.696.00 506 2034 TEMPORARY SEDIMENT CONTROL FENCE (CO 5) LF 3,500.00 3,642.00 S 4.00 S 568.00 530 2016 TURNOUTS CONC (CO 5) BY 3597.00 3,593.67 S 83.00 S 276.39) 531 2010 CURB RAMPS COS EA 20.00 23.00 S 2,100.00 S 6.300.00 531 2024 CONC SIDEWALK 5' (CO 5) SY 6,324.00 6,604.10 S 38.00 S 10,643.80 536 2002 CONIC MEDIAN (CO 5) BY 2,887.00 2,918.673 S 40.00 S 1266.92 618 2024 CONDT (PVC) (SCHD 40) 4 CO 5 LF 65.00 55.00 S 33.00 $ 330.00 624 2008 GROUND BOX TY A 122311) W/APRON (CO 5) EA 47.00 45.00 S 748.00 S 1.496.00 624 2012 GROUND BOX TY C (162911) W/APRON (CO 5) EA 4.00, 6.00 S 886.00 S 1,772.00 666 6036 REFLPAV MRKTYI 8" SLD)(100MIL)(CO 5) LF 4,25833 4,258.00 S 1.50 $ 0.50 666 2132 REFL PAV MRK TY I (Y) 24°(SLD)(100MIL) (COS) LF 130.00 136.00 S 7.00 S 42.00 666 2191 PAVEMENT SEALER 8" CO 5 LF 3,948.78 4,258.00 S 0.45 S 139.15 666 2219 PAVEMENT SEALER ARROW)(CO 5) EA 37.00 38.00 S 28.00 $ 28.00 666 6230 PAVEMENT SEALER 24" (CO 5) LF 0.00 136.00 S 120 S 16320 666 6232 PAVEMENT SEALER (WORD)(CO EA 0.00 37.00 S 40.00 S 1.480.00 666 2106 PREFAB PAV MRK TY C(ARROW) (COS) EA 37.00 38.00 S 194.00 $ 194.00 678 2001 1 PAV SURF PREP FOR MRK (4') (CO 5) LF 5.590.00 8,238.00 S 0.10 $ 264.80 678 6004 PAV SURF PREP FOR MRK (8')(C0 5) LF 4.088.50 4,258.00 S 0.40 S 67.80 676 2007PAV SURF PREP FOR MRK (ARROW) (CO 5) EA 37.00 38.00 S 28.00 S 28.00 678 2018 PAV SURF PREP FOR MRK ORD (COS) EA 35.00 37.00 S 44.00 $ 88.00 9999 DUAL WALL POLYETHYLENE PIPE (30 IN) (CO 5) LF 0.00 Il S 55.00 I S 4,400.00 TOTAL AMOUNT ADDED TO THE CONTRACT 5 35,113.44 FOURTEEN (14) CALENDAR DAYS HAVE BEEN ADDED TO THE CONTRACT BY THIS CHANGE ORDER ORIGINAL CONTRACT AMOUNT: S 12,109,78938 NET FROM PREVIOUS CHANGE ORDERS: S 12,164,45332 TOTAL AMOUNT OF THIS CHANGE ORDER S 15,113.44 PERCENT OF THIS CHANGE ORDER: 0.12% TOTAL PERCENT CHANGE ORDER TO DATE: 0.58% NEW CONTRACT AMOUNT: S 12.179566.76 ACCEFrED BY: PREPARED BY: BDS CONSTRUCTORS LLC(DRA MR CONSTRUCTORS) CHACE MANN. PROJECT.MANAGER RECOMMENDED BY: I Nk L A a DRS EPHM DALAM. P. PUB 0 CB DIRECTOR APPROVED KYLEKAYM CITY MANAGER ATTESTED TINA BROUSSARD. CITY CLERK CITY OF BEAUMONT MONTHLY PAY ESTIMATE RPO! 391301 PROJECT NAME : Northwest Parkway (From Major Drive to Old Dowlen Road) PROJECT NO.: PWO516-13 CONTRACTOR: BDS Constructors LLC dba MK Constructors AWARDED CONTRACT AMOUNT: $12,109,789.38 MONTHLY ESTIMATE NO.: 23 INAL PAY PERIOD: FINAL CURRENT CONTRACT AMOUNT: $12,179,566.76 NOTICE TO PROCEED: January 9 2017 CALENDAR DAYS USED: 584 PERCENT COMPLETE: 100.0% CONTRACT DURATION: 604 Calendar Das PERCENT OF TIME USED: 96.7% CHANGE ORDERS: 5 Item No. Item Code Item Description Bid Quantity Unit Previous Estimate Current Total Quantity Estimate Completed Unit Price Total Value Completed 100 2002 PREPARING ROW 103.8 STA 103.80 - 103.80 $ 560.00 $ 58,128.00 104 2009 REMOVING CONC RIPRAP 364 SY 364.00 - 364.00 $ 16.00 $ 5,824.00 104 2015 REMOVING CONC SIDEWALKS (CO 5) 75.56 SY 75.56 - 75.56 $ 14.00 $ 1,057.84 104 1 2022 REMOVING CONC CURB AND GUTTER '(CO 1 369 LF 369.00 - 369.00 $ 14.00 $ 5,166.00 110 2001 EXCAVATION ROADWAY CO 1 46,088.33 CY 46,088.33 - 46,088.33 $ 7.50 $ 345,662.48 110 2002 EXCAVATION CHANNEL 20,740 CY 20,740.00 - 20,740.00 $ 8.00 $ 165,920.00 110 9999 DRAINAGE IMPROVEMENTS AT POINTE PARKWAY INTERSECTION INCLUDING DRAINAGE DITCH INSTALLATION, CATCH BASIN MODIFICATIONS, 18" RCP WITH S.E.T. & SITE RESTORATION (CO 4) 1 LS - 1.00 1.00 $ 27,500.00 $ 27,500.00 132 2002 EMBANKMENT FINAL (DENS CON TY A 7,628 CY 7,628.00 - 7,628.00 $ 10.00 $ 76,280.00 162 2002 BLOCK SODDING CO 5 7,350 SY 6,396.00 954.00 7,350.00 $ 4.50 $ 33,075.00 164 2003 BROADCAST SEED PE RURAL (CLAY) 57,581 SY 57,581.00 - 57,581.00 $ 0.15 $ 8,637.15 164 2009 BROADCAST SEED (TEMP) (WARM) (CO 5) 0 SY - - - $ 0.15 $ - 164 2011 BROADCAST SEED TEMP COOL 14,395 SY 14,395.00 14,395.00 $ 0.15 $ 2,159.25 164 2024 CELL FBR MLCH SEED(PERM)(RURAL)(CLAY) 4 AC 4.00 - 4.00 $ 1,400.00 $ 5,600.00 168 2001 VEGETATIVE WATERING CO 5 265.6 MG 265.60 - 265.60 $ 11.00 $ 2,921.60 260 2006 LIME TRT (EXST MATL (6") (CO 2 70,282.57 SY 70,282.57 - 70,282.57 $ 3.00 $ 210,847.71 260 2043 LIME (HYD, COM OR QK)(SLURRY) (CO 2) 1,146.11 TON 1,146.11 - 1,146.11 $ 194.00 $ 222,345.34 276 2170 CEM TRT PLNT CLL) AGR 2 6" CO 2 9,358.06 SY 9,358.06 - 9,358.06 $ 12.00 $ 112,296.72 276 2171 CEM TRT PLNT CL L) AGR 2 6" 6% CO 2 59,582.38 SY 59,582.38 - 59,582.38 $ 13.15 $ 783,508.30 276 2170 CEM TRT(PLNT MX)(CL L)(TY A)(GR 2)(12") 502 SY 502.00 - 502.00 $ 30.00 $ 15,060.00 340 2104 D -GR HMA TH TY -D SAC -13 PG64-22 CO 1 738.66 TON 738.66 - 738.66 $ 120.00 $ 88,639.20 360 2018 CURB TYPE II) (CO 5) 34,247 LF 34,247.00 34,247.00 $ 4.00 $ 136,988.00 360 2026 CONC PAV (JOINT REINF)(10") CO 5) 64,574.97 SY 64,574.97 - 64,574.97 $ 54.00 $ 3,487,048.38 360 **** CURB TYPE B CO 1 843 LF 843.00 843.00 $ 6.00 $ 5,058.00 Page 1 of 7 CITY OF BEAUMONT MONTHLY PAY ESTIMATE upn• 110ienI PROJECT NAME : Northwest Parkway From Major Drive to Old Dowlen Road) PROJECT NO.: PW0516-13 CONTRACTOR: BDS Constructors LLC dba MK Constructors AWARDED CONTRACT AMOUNT: $12,109,789.38 MONTHLY ESTIMATE NO.: 23 (FINAL) PAY PERIOD : FINAL CURRENT CONTRACT AMOUNT: $12,179,566.76 NOTICE TO PROCEED: January 9 2017 CALENDAR DAYS USED: 584 PERCENT COMPLETE: 100.0% CONTRACT DURATION: 604 Calendar Days PERCENT OF TIME USED: 96.7% CHANGE ORDERS: 5 Item No. Item Code Item Description Bid Quantity Unit Previous Estimate Current Total Quantity Estimate Completed Unit Price Total Value Completed 400 2001 STRUCT EXCAV CO 1 16,360 CY 16,360.00 - 16,360.00 $ 8.00 $ 130,880.00 400 2005 CEM STABIL. BKFL CO 2) 9,037.38 CY 9,037.38 - 9,037.38 $ 55.00 $ 497,055.90 402 2001 TRENCH EXCAVATION PROTECTION (CO 2) 12,036 LF 12,036.00 - 12,036.00 $ 1.00 $ 12,036.00 416 2002 DRILL SHAFT 24 IN) (CO 5) 432 LF 430.00 2.00 432.00 $ 166.00 $ 71,712.00 416 2032 DRILL SHAFT TRF SIG POLE 36 IN) (CO 5) 237 LF 235.00 2.00 237.00 $ 211.00 $ 50,007.00 432 2035 RIPRAP (CONC)(6 IN 416.8 CY 416.80 - 416.80 $ 421.00 $ 175,472.80 462 2002 CONC BOX CULV 3 FT X 3 FT 300 LF 300.00 - 300.00 $ 150.00 $ 45,000.00 462 2004 CONC BOX CULV (4 FT X 3 FT) 350 LF 350.00 - 350.00 $ 178.00 $ 62,300.00 462 2007 CONC BOX CULV (5 FT X 3 FT) 440 LF 440.00 440.00 $ 246.00 $ 108,240.00 462 2010 CONC BOX CULV 6 FT X 3 FT 264 LF 264.00 264.00 $ 267.00 $ 70,488.00 462 2011 CONC BOX CULV 6 FT X 4 FT 288 LF 288.00 288.00 $ 290.00 $ 83,520.00 462 2025 CONC BOX CULV 9 FT X 6 FT 520 LF 520.00 520.00 $ 472.00 $ 245,440.00 462 2061 CONC BOX CULV 9 FT X 3 FT) 131 LF 131.00 131.00 $ 421.00 $ 55,151.00 464 2003 RC PIPE (CL LII)(18 IN)(CO 1) 2,454 LF 2,454.00 2,454.00 $ 48.00 $ 117,792.00 464 2005 RC PIPE CL 24 INCO 5 2,339 LF 2,339.00 - 2,339.00 $ 51.00 $ 119,289.00 464 2006 RC PIPE CL III)(27 IN)(CO 2) 0 LF - - - $ 79.00 $ - 464 2007 RC PIPE CL 30 CO 2 2,225 LF 2,225.00 - 2,225.00 $ 79.00 $ 175,775.00 464 2009 RC PIPE (CL Ill) 36 IN CO 2 1,331 LF 1,331.00 - 1,331.00 $ 94.00 $ 125,114.00 464 2010 RC PIPE (CL III)(42 IN) 715 LF 715.00 - 715.00 $ 113.00 $ 80,795.00 464 2011 RC PIPE (CL TM(48 872 LF 872.00 - 872.00 $ 140.00 $ 122,080.00 464 2012 RC PIPE CL 11)(54 IN) 637 LF 637.00 - 637.00 $ 183.00 $ 116,571.00 464 1 2013 IRC PIPE CL III (60 IN)(CO 2) 28 LF 28.00 - 28.00 $ 205.00 $ 5,740.00 465 2001 INLET COMPL TY C 69 EA 69.00 - 69.00 $ 4,144.00 $ 285,936.00 465 2002 INLET COMPL E 68 EA 68.00 - 68.00 $ 1,252.00 $ 85,136.00 465 2006 MANH (COMPL)(JUNCT BO TY CO 1 12 EA 12.00 12.00 $ 6,339.00 $ 76,068.00 465 2081 INLET COMPL (GRATE)(TY I COI 16 EA 16.00 16.00 $ 3,063.02 $ 49,008.32 466 2049 WINGWALL P (HW=5 FT) 4 EA 4.00 - 4.00 $ 18,100.00 $ 72,400.00 Page 2 of 7 CITY OF BEAUMONT MONTHLY PAY ESTIMATE PROJECT NAME : Northwest Parlova(From Major Drive to Old Dowlen Road) PROJECT NO.: PWO516-13 CONTRACTOR: BDS Constructors LLC dba MK Constructors AWARDED CONTRACT AMOUNT: $12,109,789.38 MONTHLY ESTIMATE NO.: 23 (FINAL) PAY PERIOD : FINAL CURRENT CONTRACT AMOUNT: $12,179,566.76 NOTICE TO PROCEED: January 9 2017 CALENDAR DAYS USED: 584 PERCENT COMPLETE: 100.0% CONTRACT DURATION: 604 Calendar Das PERCENT OF TIME USED: 96.7% CHANGE ORDERS: 5 Item No. Item Code Item Description Bid Quantity Unit Previous Estimate Current Estimate Total Quantity Completed Unit Price Total Value Completed 466 2050 WINGWALL (P HW=6 FT 2 EA 2.00 - 2.00 $ 22,500.00 $ 45,000.00 466 2052 WINGWALL PW HW=8 FT) 2 EA 2.00 - 2.00 $ 34,900.00 $ 69,800.00 466 2129 HEADWALL CH-PW-0)(DIA=36IN) 2 EA 2.00 - 2.00 $ 14,850.00 $ 29,700.00 466 2133 HEADWALL CH -PW -O) DIA= 60 IN 1 EA 1.00 - 1.00 $ 24,237.00 $ 24,237.00 496 2004 REMOV STR (SET) 1 EA 1.00 - 1.00 $ 555.00 $ 555.00 496 2.007 REMOV STR PIPE CO 5 329 LF 329.00 - 329.00 $ 25.00 $ 8,225.00 496 2017. ADJUST RCP DRAINAGE LATERALS CO 1) 330 LF 330.00 - 330.00 $ 16.00 $ 5,280.00 500 2001 MOBILIZATION 1 LS 0.90 0.10 1.00 $ 298,399.53 $ 298,399.53 502 2001 BARRICADES, SIGNS AND TRAFFIC HANDLING CO 5) 21.76 MO 19.667 2.09 21.760 $ 1,204.00 $ 26,199.04 506 2004 ROCK FILTER DAMS INSTALL TY 4 CO 5) 179 LF 113.00 66.00 179.00 $ 56.00 $ 10,024.00 506 2009 ROCK FILTER DAMS REMOVE) CO 2 113 LF 113.00 - 113.00 $ 9.00 $ 1,017.00 506 2024 BACKHOE WORK EROSION & SEDM CONT) 72 HR 72.00 - 72.00 $ 65.00 $ 4,680.00 506 2034 TEMPORARY SEDIMENT CONTROL FENCE CO 5 3,642 LF 3,500.00 142.00 3,642.00 $ 4.00 $ 14,568.00 508 2002 CONSTRUCTING DETOURS (CO 1) 3,902.387 SY 3,902.387 - 3,902.387 $ 50.00 $ 195,119.35 530 2016 TURNOUTS CONC CO 5) 3,593.67 SY 3,593.67 - 3,593.67 $ 83.00 $ 298,274.61 531 2005 CURB RAMPS TY 1) 8 EA 8.00 - 8.00 $ 2,000.00 $ 16,000.00 531 2010 CURB RAMPS TY CO 5 23 EA 20.00 3.00 23.00 $ 2,100.00 $ 48,300.00 531 2024 CONC SIDEWALK 5" CO 5 6,604.1 SY 6,324.00 280.10 6,604.10 $ 38.00 $ 250,955.80 536 2002 CONC MEDIAN CO 5 2,918.673 SY 2,918.673 - 2,918.673 $ 40.00 $ 116,746.92 552 2001 WIRE FENCE A 2,920 LF 2,920.00 - 2,920.00 $ 7.00 $ 20,440.00 552 2005 GATE TY 1) 4 EA 4.00 - 4.00 $ 555.00 $ 2,220.00 552 2901 INSTALL DRAINAGE DITCH SWING GATE AT STA. 24+60 (CO 1) 1 LS 1.00 - 1.00 $ 2,645.00 $ 2,645.00 552 2902 INSTALL LPOSTS, H -BRACING, & BARBED WIRE FENCING (CO 1 LS 1.00 - 1.00 $ 3,124.00 $ 3,124.00 618 2018 CONDT PVC SCHD40 2" 20,124 LF 20,124.00 - 20,124.00 $ 4.00 $ 80,496.00 Page 3 of 7 CITY OF BEAUMONT MONTHLY PAY ESTIMATE PROJECT NAME : Northwest Parkway (From Major Drive to Old Dowlen Road) PROJECT NO.: PW0516-13 CONTRACTOR: BDS Constructors LLC dba MK Constructors AWARDED CONTRACT AMOUNT: $12,109,789.38 MONTHLY ESTIMATE NO.: 23(FINAL) PAY PERIOD: FINAL CURRENT CONTRACT AMOUNT: $12,179,566.76 NOTICE TO PROCEED: January 9 2017 CALENDAR DAYS USED: 584 PERCENT COMPLETE: 100.0% CONTRACT DURATION: 604 Calendar Das PERCENT OF TIME USED: 96.7% CHANGE ORDERS: 5 Item No. Item Code Item Description Bid Quantity Unit Previous Estimate Current Estimate Total Quantity Completed Unit Price Total Value Completed 618 2022 CONDT (PVC) SCHD 40 3" 610 LF 610.00 - 610.00 $ 7.00 $ 4,270.00 618 2023 CONDT (PVC) SCHD 40) (3") BORE 1,110 LF 1,110.00 - 1,110.00 $ 22.00 $ 24,420.00 618 2024 CONDT (PVC) (SCHD 40) (4") (CO 5) 55 LF 55.00 - 55.00 $ 33.00 $ 1,815.00 618 2999 INSTALL 260LF 6" DR17 HDPE CONDUIT BORE CO 3 1 LS 1.00 - 1.00 $ 9,542.70 $ 9,542.70 624 2008 GROUND BOX TY A 122311 W/APRON CO 5 45 EA 45.00 - 45.00 $ 748.00 $ 33,660.00 624 2012 GROUND BOX TY C 162911 W/APRON CO 5 6 EA 4.00 2.00 6.00 $ 886.00 $ 5,316.00 644 2048 INS SM RD SN SUP&AM TY TWT(l) UAP 9 EA 8.001 1.00 9.00 $ 338.00 $ 3,042.00 662 2067 WK ZN PAV MRK REMOV (W) 4" (SLD) 4,080 LF 3,730.00 350.00 4,080.00 $ 1.00 $ 4,080.00 662 2099 WK ZN PAV MRK REMOV (Y) 4" SLD 4,080 LF 4,080.00 - 4,080.00 $ 1.00 $ 4,080.00 666 2003 REFL PAV MRK TY I W 4" BRK 100MIL) 4,400 LF 4,400.00 - 4,400.00 $ 1.00 $ 4,400.00 6662006 REFL PAV MRK TY I W 4" (DOT) 100MIL 300 LF 96.00 204.00 300.00 $ 2.00 $ 600.00 666 2012 REFL PAV MRK TY I W 4" SLD) 100MIL 3,538 LF 3,304.00 234.00 3,538.00 $ 1.00 $ 3,538.00 666 2024 REFL PAV MRK TY I (W) 6" (SLD)(100MIL)(CO 2) 1,006 LF 1,006.00 - 1,006.00 $ 1.00 $ 1,006.00 666 6036 REFL PAV MRK TY I (W) 8" (SLD)(100MIL) CO 5) 4,258 LF 4,258.00 - 4,258.00 $ 1.50 $ 6,387.00 666 2054 REFL PAV MRK TY I (ARROW) 100MIL)(CO 2) 5 EA 5.00 - 5.00 $ 139.00 $ 695.00 666 2111 REFL PAV MRK TY I (Y) 4" SLD)(100MIL) 2,921 LF 2,921.00 - 2,921.00 $ 1.00 $ 2,921.00 666 2132 REFL PAV MRK TY I 24"(SLD) 100MIL COS 136 LF 130.00 6.00 136.00 $ 7.00 $ 952.00 666 2189 PAVEMENT SEALER 4" 7,290 LF 7,290.00 - 7,290.00 $ 0.20 $ 1,458.00 666 1 2190 IPAVEMENT SEALER 6"(CO 2) 1,006 LF 1,006.00 - 1,006.00 $ 0.40 $ 402.40 666 2191 PAVEMENT SEALER 8" CO 5 4,258 LF 3,948.00 310.00 4,258.00 $ 0.45 $ 1,916.10 666 2219 PAVEMENT SEALER (ARROW) CO 5 38 EA 36.00 2.00 38.00 $ 28.00 $ 1,064.00 666 6230 PAVEMENT SEALER 24" CO 5 136 EA - 136.00 136.00 $ 1.20 $ 163.20 666 6232 PAVEMENT SEALER WORD CO 5 37 EA - 37.00 37.00 $ 40.00 $ 1,480.00 668 2105 PREFAB PAV MRK TY C (W) (24") (SLD) 201 LF 201.00 - 201.00 $ 16.00 $ 3,216.00 668 2106 PREFAB PAV MRK TY C(ARROW) CO5) 38 EA 37.00 1.001 38.00 $ 194.00 $ 7,372.00 668 1 2116 1 PREFAB PAV MRK TY C WORD 37 1 EA 37.00 - 137.00 $ 255.00 1 $ 9,435.00 678 1 2001 JPAV SURF PREP FOR MRK 4" CO 5 8,238 1 LF 5,590.00 2,648.00 1 8,238.00 $ 0.101s 823.80 Page 4 of 7 CITY OF BEAUMONT MONTHLY PAY ESTIMATE upn• quIIni PROJECT NAME : Northwest Parkway(From Major Drive to Old Dowlen Road) 16 -INCH SDR -26 PVC SANITARY SEWER (CO 2) 786 LF PROJECT NO.: PWO516-13 CONTRACTOR: BDS Constructors LLC dba MK Constructors $ 61.00 $ 47,946.00 AWARDED CONTRACT AMOUNT: $12,109,789.38 MONTHLY ESTIMATE NO.: 23 (FINAL) LF PAY PERIOD : FINAL CURRENT CONTRACT AMOUNT: $12,179,566.76 NOTICE TO PROCEED: January 9 2017 CALENDAR DAYS USED: 584 PERCENT COMPLETE: 100.0% CONTRACT DURATION: 604 Calendar Das PERCENT OF TIME USED: 96.7% CHANGE ORDERS: 5 Item No. Item Code Item Description Bid Quantity Unit Previous Estimate Current Total Quantity Estimate Completed Unit Price Total Value Completed 678 2002 PAV SURF PREP FOR MRK 6" CO 2 1,006 LF 1,006.00 - 1,006.00 $ 0.30 $ 301.80 678 6004 PAV SURF PREP FOR MRK ( 8") (CO 5) 4,258.0 LF 4,088.00 170.00 4,258.00 $ 0.40 $ 1,703.20 678 2006 PAV SURF PREP FOR MRK (24") 201 LF 201.00 - 201.00 $ 1.00 $ 201.00 678 1 2007 PAV SURF PREP FOR MRK(ARROW) CO 5 38 EA 37.00 1.00 38.00 $ 28.00 $ 1,064.00 678 2018 PAV SURF PREP FOR MRK WORD (COS) 37 EA 35.00 2.00 37.00 $ 44.00 $ 1,628.00 686 2041 INS TRF SIG PL AMS 1 ARM 40' LUM 7 EA 7.00 - 7.00 $ 14,600.00 $ 102,200.00 686 2045 INS TRF SIG PL AMS 1 ARM 44' LUM 1 EA 1.00 - 1.00 $ 15,550.00 $ 15,550.00 5049 2001 BIODGRD EROSION CONTROL LOGS 8" DIA) 680 LF 680.00 - 680.00 $ 11.00 $ 7,480.00 9000 2903 INSTALL 8 MIL. POLYETHYLENE BOND BREAKER 57,689.38 SY 57,689.38 - 57,689.38 $ 1.97 $ 113,648.08 9999 **** DUAL WALL POLYPROPYLENE P PIPE 18 CO 2) 200 LF 200.00 - 200.00 $ 39.00 $ 7,800.00 9999 IDUALWALL, POLYPROPYLENE PP PIPE 24 IN(CO 2) 150 LF 150.00 - 150.00 $ 44.00 is $ 6,600.00 9999 1 IDUAL WALL POLYPROPYLENE P PIPE 30 INCO 5) 80 LF 80.00 80.00 $ 55.00 4,400.00 CANiTADV RRWT.R iTFMR V 1 I 16 -INCH SDR -26 PVC SANITARY SEWER (CO 2) 786 LF 786.00 - 786.00 $ 61.00 $ 47,946.00 2 1 112 -INCH SDR -26 PVC SANITARY SEWER CO 2 3,976 LF 3,976.00 - 3,976.00 $ 36.00 $ 143,136.00 2a 12 -INCH SDR -26 PVC SANITARY SEWER SHALLOW INSTALL (CO 1) 447 LF 447.00 - 447.00 $ 60.00 $ 26,820.00 3 15 -INCH SDR -26 PVC SANITARY SEWER CO 2 5,236 LF 5,236.00 - 5,236.00 $ 58.00 $ 303,688.00 4 REMOVE & REPLACE 4' FIBERGLASS MH > 12' CO 1) 1 EA 1.00 - 1.00 $ 17,900.00 $ 17,900.00 5 FURNISH & INSTALL 4' FIBERGLASS MH < 12' 20 EA 20.00 - 20.00 $ 4,700.00 $ 94,000.00 6 FURNISH & INSTALL 4' FIBERGLASS MH > 12' CO 1) 6 EA 6.00 - 6.00 $ 10,400.00 $ 62,400.00 7 TRENCH SAFETY PLAN 1 LS 1.00 - 1.00 $ 2,500.00 $ 2,500.00 8 TRENCH SAFETY SYSTEM 1 LS 1.00 - 1.00 $ 4,800.00 $ 4,800.00 9 SANITARY SEWER TIE-IN AT MAJOR DRIVE MANHOLE (CO 1) 1 LS 1.00 1.00 $ 10,298.25 $ 10,298.25 Page 5 of 7 CITY OF BEAUMONT MONTHLY PAY ESTIMATE Rpn• 3911M PROJECT NAME : Northwest Parinva From Major Drive to Old Dowlen Road PROJECT NO.: PWO516-13 CONTRACTOR: BDS Constructors LLC dba MK Constructors AWARDED CONTRACT AMOUNT: $12,109,789.38 MONTHLY ESTIMATE NO.: 23 SINAL PAY PERIOD: FINALI CURRENT CONTRACT AMOUNT: $12,179,566.76 NOTICE TO PROCEED: January -9,2017 CALENDAR DAYS USED: 584 PERCENT COMPLETE: 100.0% CONTRACT DURATION: 604 Calendar Das PERCENT OF TIME USED: 96.7% CHANGE ORDERS: 5 Item Item Item Description Bid Unit Previous Current Total Quantity Unit Price Total Value No. Code - 1,324.00 Quantity $ 52,960.00 Estimate Estimate Completed LF Completed 10 $ 24.00 SANITARY SEWER ADJUSTMENT INCL. SCH. 40 STEEL I LS 1.00 EA 1.00 $ 3,000.00 $ 3,000.00 $ 165,300.00 6 CASING AT STA. 59+50 (CO 1) 2 EA 2.00 - 2.00 $ 545.00 $ 1,090.00 7 11 12 INSTALL 14" SCH. 40 STEEL CASING FOR SANITARY 10 LF 10.00 - 10.00 $ 100.00 $ 1,000.00 EA 3.00 SEWER AT STA. 51+40 (CO 1) $ 532.00 $ 1,596.00 9 FURNISH & INSTALL 10" MJ45 DEGREE BEND CO 1 40 EA 40.00 12 $ 471.00 INSTALL 10" SCH. 40 STEEL CASING FOR SANITARY 10 LF 10.00 - 10.00 $ 75.00 $ 750.00 $ 24,528.00 11 SEWER AT STA. 310+60 (CO 1) 2 EA 2.00 - 2.00 $ 859.00 $ 1,718.00 12 W A TPUT MR TTTi.MC 1 6 -INCH CLASS 150 C-900 PVC CO 2 402 LF 402.00 402.00 $ 26.00 $ 10,452.00 2 8 -INCH CLASS 150 C-900 PVC (CO 1) 725 LF 725.00 - 725.00 $ 23.00 $ 16,675.00 3 10 -INCH CLASS 150 C-900 PVC CO 2) 1,324 LF 1,324.00 - 1,324.00 $ 40.00 $ 52,960.00 4 12 -INCH CLASS 150 C-900 PVC CO 2 9,283.5 LF 9,283.50 - 9,283.50 $ 24.00 $ 222,804.00 5 FURNISH & INSTALL FIRE HYDRANT ASSEMBLY 38 EA 38.00 - 38.00 $ 4,350.00 $ 165,300.00 6 FURNISH & INSTALL 12" MJ TEE 2 EA 2.00 - 2.00 $ 545.00 $ 1,090.00 7 FURNISH & INSTALL 10" X 6" MJ REDUCER 12 EA 12.00 - 12.00 $ 291.00 $ 3,492.00 8 FURNISH & INSTALL 12" X 8" MJ REDUCER CO 1 3 EA 3.00 - 3.00 $ 532.00 $ 1,596.00 9 FURNISH & INSTALL 10" MJ45 DEGREE BEND CO 1 40 EA 40.00 - 40.00 $ 471.00 $ 18,840.00 10 FURNISH & INSTALL 12" MJ 45 DEGREE BEND CO 1 48 EA 48.00 - 48.00 $ 511.00 $ 24,528.00 11 FURNISH & INSTALL 12" MJ CROSS (CO 1) 2 EA 2.00 - 2.00 $ 859.00 $ 1,718.00 12 FURNISH & INSTALL 12" X 10" MJ REDUCER 12 EA 12.00 - 12.00 $ 337.00 $ 4,044.00 13 FURNISH & INSTALL TEMP. 2" FLUSH OUT 1 1 EA 1.00 - 1.00 $ 1,247.00 $ 1,247.00 14 IFURNISH & INSTALL 6" GATE VALVE & BOX 1 12 1 EA 1 12.00 - 12.00 $ 808.001s 9,696.00 Page 6 of 7 CITY OF BEAUMONT MONTHLY PAY ESTIMATE BPO: 391301 PROJECT NAME : Northwest Parkwa (From Major Drive to Old Dowlen Road) 12-05-20119 PROJECT NO.: PWO516-13 CONTRACTOR: BDS Constructors LLC dba MIC Constructors CHACE MANN - PROJECT MANAGER AWARDED CONTRACT AMOUNT: $12,109,789.38 MONTHLY ESTIMATE NO.: 23 U NAL) PAY PERIOD: FINAL LESS PREVIOUS PAYMENTS: CURRENT CONTRACT AMOUNT: $12,179,566.76 NOTICE TO PROCEED: January 9 2017 CALENDAR DAYS USED: 584 HAROLD CRO T- ROADWAY DESIGNER III PERCENT COMPLETE: 100.0% CONTRACT DURATION: 604 Calendar Das PERCENT OF TIME USED: 96.7% CHANGE ORDERS: 5 Item Item No. Code Item Description Bid Quantity Unit Previous Estimate Current Estimate Total Quantity Completed Unit Price Total Value Completed 15 FURNISH & INSTALL 10" GATE VALVE & BOX 24 EA 24.00 $ 191,737.93 - 24.00 $ 1,676.00 $ 40,224.00 16 FURNISH & INSTALL 12" GATE VALVE & BOX CO 2) 1 37 EA 37.00 - 37.00 $ 2,035.00 $ 75,295.00 PREPARED BY: _ 12-05-20119 GRAND TOTAL COMPLETED: $ 12,179,566.76 CHACE MANN - PROJECT MANAGER LESS PREVIOUS PAYMENTS: $ 11,987,523.25 RECOMMENDED BY: /2 �,��/(r HAROLD CRO T- ROADWAY DESIGNER III SUB TOTAL: $ 192,043.51 APPROVED BY: j % „� /Z S LESS INSPECTOR OVERTIME CHARGE: $305.58 DR. SEPH M'AAJJDALAN - PUBLIC WORKS DIRECTOR /(� 12/5/18 AMOUNT DUE THIS ESTIMATE: $ 191,737.93 BDS Constructors LLC dba MK Constructors I certl/y that all work and materials covered by this invoice have been completed and/or delivered In accordance with the Contract Documents. Page 7 of 7 RESOLUTION NO. WHEREAS, on November 7, 2017, the City Council of the City of Beaumont, Texas passed Resolution No. 17-231 awarding a contract in the amount of $12,109,789.38 to MK Constructors, of Vidor, Texas, for the Northwest Parkway (From Major Drive to Parkdale Mall Loop) Construction Project; and, WHEREAS, on November 7, 2017, the City Council of the City of Beaumont, Texas passed Resolution No. 17-231 authorizing the City Manager to execute Change Order No. 1, in the amount of $15,866.93, to adjust bid items and quantities in the contract to reflect design changes needed to accommodate field conditions and discovered during the course of construction, thereby increasing the total contract amount to $12,125,656.31; and, WHEREAS, on March 12, 2018, the City Manager executed Change Order No. 2, in the amount of $1,754.31.00, for the addition of pay items and to adjust quantities to reflect changes necessary for construction, thereby increasing the total contract amount to $12,127,410.62; and, WHEREAS, on October 26, 2018, the City Manager executed Change Order No. 3, in the amount of $9,542.70, for the addition of one pay item to allow for changes necessary for construction, thereby increasing the total contract amount to $12,136,953.32; and, WHEREAS, on November 20, 2018, the City Council of the City of Beaumont, Texas passed Resolution No. 18-291 authorizing the City Manager to execute Change Order No. 4, in the amount of $27,500.00, is required to provide additional drainage improvements to direct the surface runoff from the adjacent property to nearby catch basins and minimize the potential for ponding water on the roadway, thereby increasing the total contract amount to $12,164,453.32; WHEREAS, Change Order No. 5, in the amount of $15,113.44, is required to adjust the quantities in the contract to reflect actual quantities used in the completion of the project, thereby increasing the total contract amount to $12,179,566.76; and, WHEREAS, the project has been inspected by the City of Beaumont Engineering Division and found to be complete in accordance with the provisions and terms set forth in the contract; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and. findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT the City Manager be and he is hereby authorized to execute Change Order No. 5, in the amount of $15,113.44 for additional work described above, thereby increasing the total contract amount to $12,179,566.76 for the Northwest Parkway (From Major Drive to Parkdale Mall Loop) Construction Project; and, BE IT FURTHER RESOLVED THAT the Northwest Parkway (From Major Drive to Parkdale Mall Loop) Construction Project be and the same is hereby found to be complete in accordance with the terms of the contract and are accepted; and, BE IT ALSO RESOLVED THAT the City Manager is hereby authorized to make final payment in the amount of $191,737.93 to MK Constructors, of Vidor, 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 11th day of December, 2018. - Mayor Becky Ames -