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Home My WebLink AboutPACKET OCT 29 2019BEAUMONT TEXAS MEETING OF THE CITY COUNCIL -WORK SESSION LAKESIDE CENTER OCTOBER 29, 2019 9:30 AM (150 MAGNOLIA) CALL TO ORDER Roll Call ITEMS TO REVIEW AND DISCUSS X11 1► 10Q9 K� The Riverfront Park Bank Stabilization Project and the use of possible additional funds (the cost difference between stabilizing the shoreline where it was pre -storm and the cost of stabilizing it post -storm) for other projects How agenda items and work session items are requested by Councilmembers to be placed on a future Council agenda. Article III, Section 9 of the City Charter states "The City Council shall determine its own rules and order of business." Councilmembers/City Manager comment on various matters 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. BEAUMONT TE X A S REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS OCTOBER 29, 2019 1:30 PM CONSENT AGENDA * Approval of minutes — October 22, 2019 * Confirmation of board and commission member appointments William "Bill" Sam would be appointed to the Police Department Community Advisory Committee. The term would commence October 29, 2019 and expire September 30, 2021. (Councilmember Randy Feldschau) Kunwoo Choi would be appointed to the Library Commission The term would commence October 29, 2019 and expire September 30, 2021. (Councilmember Randy Feldschau) Bill Little would be appointed to the Planning and Zoning Commission. The term would commence October 29, 2019 and expire September 30, 2021. (Mayor Becky Ames) Eddie Senigaur would be appointed to the Planning and Zoning Commission. The term would commence October 29, 2019 and expire September 30, 2021. (Mayor Becky Ames) A) Approve a proposal submitted by Air Comfort, Inc. to replace the air-cooled chiller unit at the Art Museum of Southeast Texas located at 500 Main Street B) Approve a proposal submitted by Automated Logic to replace the HVAC control system located at the Art Museum of Southeast Texas located at 500 Main Street C) Approve the purchase of paint striping equipment for use in the Traffic Management Division D) Approve the purchase of two mowers and two heavy duty all -terrain vehicles for use in various City Departments E) Approve a Petition for Consent to Include Additional Land in Jefferson County Water Control and Improvement District No. 10 RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the following appointment be made: Appointment William "Bill' Sam Kunwoo Choi Bill Little Eddie Senigaur Commission Beginning Expiration of Term of Term Police Department Community 10/29/2019 09/30/2021 Advisory Committee Library Commission 10/29/2019 09/30/2021 Planning and Zoning Commission Planning and Zoning Commission 10/29/2019 09/30/2021 10/29/2019 09/30/2021 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 29th day of October, 2019. - Mayor Becky Ames - BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Keith Folsom, Facilities Maintenance Director MEETING DATE: October 29, 2019 REQUESTED ACTION: Council consider a resolution approving a proposal submitted by Air Comfort, Inc. to replace the air-cooled chiller unit at the Art Museum of Southeast Texas located at 500 Main Street. BACKGROUND Pricing was obtained from Air Comfort Incorporated utilizing the current Maintenance Contract between Air Comfort and the City of Beaumont. The HVAC 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 Maintenance Contract. The HVAC Maintenance Contract was approved by the City Council on December 12, 2017 by Resolution No. 17-259. The cost to replace the air-cooled chiller unit, including the proposed scope of work listed on the contractor's proposal, will be a not to exceed amount of $68,489.00. The Art Museum of Southeast Texas' air-cooled chiller unit was originally installed in 2001. The air-cooled chiller unit is 18 years old and is experiencing condensing coil failure. The air-cooled chiller unit is the only source that supplies chilled water for the HVAC system at the Museum and is a very critical component of the air conditioning system. FUNDING SOURCE Capital Reserve. RECOMMENDATION Approval of the resolution. AIR COMFORT INCO RP 0 RATE October 22, 2019 City of Beaumont Attn. Subject: Proposal Number: David Lornett (David.Lornette@BeaumontTexas.gov) Art Museum Chiller Replacement C04840 PROPOSAL Air Comfort, Inc: is pleased to submit estimates for equipment, material, and/or services on the above subject: ITEM QTY DESCRIPTION 1 1 Carrier Air Cooled Chiller Model# 30RBX060 • R410A • Freeze Protection • Al Fin/ Cu Tube, E -Coated Coils • Low Ambient Head Pressure Control • Single Point Power Connection • BACnet Control • Shell in Tube Cooler • Factory Startup and l' year parts and labor warranty 2 1 3 3 4 5 6 llot llot llot HVAC PRICING (Tax not included) Rental Crane Service Rental Truck Sch. 80 PVC chill water piping and new BF valves Labor to remove and replace chiller Labor to install new chill water piping $68,489.00 P O Box 1549 - Beaumont, Texas 77704-1549 * Phone: 409.833.5665 - Fax: 409.833.3001 a air-comfort-inc.com HVAC/R o Controls d Paid o Sheet W'veksl Fab ics'Jo i TACLA006368C C tilted Refrigerant Technician per 40CFR Pmt 81, Subpart F. Certificate # 467551166 o __.r_._�>....c_r____ n�_.......... „rr:-...._:__ �a n__:_.._.:__ nn v� .�, co •.....,_.w noon r onn ons n -,m ALI AIR (0MFORT I N C O R P O R'AT E D LLMTED WARRANTY Air Comfort Inc. will warranty equipment and materials for a period of one year against Mechanical failure or faulty workmanship. Air Comfort Inc. will not be responsible for any existing equipment or materials not installed by our company or in accordance with city or state codes. Air Comfort Inc. warranty calls will be scheduled between 8:00am and 5:00pm Monday thru Friday. Air Comfort Inc. will not be responsible for acts of god, flooding, fire or neglect TERMS & CONDITIONS OF PAYMENT 1. 10% upon receipt of PO. Progress billing net 30 days for remaining balance. 2. 1.5 % interest per month (18% APR) will be charged after 90 days from billing date. 3. Accepted orders maybe canceled with Seller's written consent Buyer agrees to pay Seller all expenses incurred on account of such cancellation plus a reasonable profit. 4. All funds to be paid to Air Comfort, Inc. are payable in Beaumont, Texas, Jefferson County, Texas. 5. This agreement is the final, complete and exclusive expression of the Agreement between the parties. This agreement supersedes any and all prior oral or written agreements relating to the subject matter hereof and may not be contradicted by evidence of prior, contemporaneous, or subsequent oral agreements of the parties. There are no written or oral agreements between the parties. No modifications, rescission, waiver, release, or amendment of any provision of this agreement shall be made, except by a written agreement signed by a duly authorized representative of each party. 6. The provisions of this Agreement shall be binding upon inure to the benefit of the respective representatives, successors and assigns of the parties hereto. 7. The individual signing on behalf of the buyer represents and acknowledges that he has the authority to sign this Agreement on behalf of Buyer and bind Buyer to this Agreement. 8. The laws of the State of Texas shall govern this Agreement. 9. All funds to be paid to Air Comfort, Inc. are payable in Beaumont, Texas, Jefferson County, Texas. 10. This Agreement is performable in Beaumont, Jefferson County, Texas. X Customer Approval Date PO # NOTES AND EXCLUSIONS AIR COMFORT INC. IS NOT RESPONSIBLE FOR THE FOLLOWING: • Electrical upgrades, service wiring, control wiring, breakers, conduit, or motor starters outside of above scope of work. • Carpentry work and or any painting • Items not specified in this proposed quote. • Work specified by customer not in accordance with manufacturer specifications. • Air Comfort Inc. will not be responsible for any roofing work or repairs. P 0 Box 1549 - Beaumont, Texas 77704-1549 + Phone: 409.833.5665 - Fax: 409.833.3001 o- air-comfort-inc.com I OI 4 �r ols a �a o he�g ��' � Fabricafiion TACLA006368C Cerdfied Refrigerant Technician per 40CFR Part 82, Subpart F. Cmtificate # 467551166 Regulated by the Teras Department of Licensing mid Registration PO Box 12157, Austin TX 787111-800-803-9202 AIR COMFORT INCORPORATED • Quotation is based on all work performed during normal working hours. • All evaporator pressure regulator and discharge line mufflers. Should you have any question, please contact me at my office phone #409-833-5665 Very truly yours, Vance Davis Marine and Industrial Sales Air Comfort 590 N Main Beaumont, Texas 77704 Office 409-833-5665 vdavis(@aircomfort.ac P O Box 1549 - Beaumont, Texas 77704-1549 • Phone: 409.833.5665 - Fax: 409.833.3001 o air-comfort-inc.com HVA C/P,e o Controls 4 Pam o Sheet Mets! Fabric sUon TACLA006368C CerliledRefrigerant Technician per 40CFR PmK 62, Subpart F: Cellii cale # 467551266 ne,..d,.,ed h., fA. T— n.---, nfL;,—i— —d Pn Rnr 17157 4—H. TX 7X 711 1-R00-RO?-97112 RESOLUTION NO. WHEREAS, on December 12, 2017, the City Council of the City of Beaumont, Texas passed Resolution No. 17-259 for an annual contract, with the option of two (2) renewals of twelve (12) month terms at the same pricing as the awarded contract with Air Comfort, Inc., of Beaumont, Texas, in an estimated amount of $298,650.00 for heating, ventilation, and air conditioning (HVAC) installation, maintenance and repair for City - owned HVAC equipment; and, WHEREAS, the contract allows Air Comfort, Inc., of Beaumont, Texas, 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; and, WHEREAS, Air Comfort, Inc., of Beaumont, Texas, submitted a proposal in an amount up to $68,489.00 for the purchase of a replacement air-cooled chiller unit at the Art Museum of Southeast Texas located at 500 Main Street; and, WHEREAS, City Council is of the opinion that the proposal submitted by Air Comfort, Inc., of Beaumont, Texas should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT the proposal submitted by Air Comfort, Inc., of Beaumont, Texas, in an amount up to $68,489.00 for the purchase of a replacement air-cooled chiller unit at the Art Museum of Southeast Texas located at 500 Main Street be accepted by the City of Beaumont; 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 29th day of October, 2019. - Mayor Becky Ames - BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Keith Folsom, Facilities Maintenance Director MEETING DATE: October 29, 2019 REQUESTED ACTION: Council consider a resolution approving a proposal submitted by Automated Logic to replace the HVAC control system located at the Art Museum of Southeast Texas located at 500 Main Street. BACKGROUND Pricing was obtained from Automated Logic to replace the existing pneumatic HVAC control system with a WebCTRL Building Automation System (BAS). The City of Beaumont currently has twenty-four (24) facilities on the Automated Logic WebCTRL Building Automation System. Automated Logic is the authorized service provider for the Houston and Beaumont area, therefore to maintain continuity of service, support for the current system, and software compatibility it is imperative that we utilize Automated Logic. The cost to replace the HVAC control system, including the proposed scope of work listed on the contractor's proposal, will be $65,700.00. The Art Museum of Southeast Texas' control system was originally installed in 1987. The current control system is 32 years old and has become obsolete. The new control system will allow the HVAC Maintenance Division to monitor and control humidity, diagnose equipment problems via computer, control temperature settings, and allow off-site monitoring & 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. FUNDING SOURCE Capital Reserve. RECOMMENDATION Approval of the resolution. BUILDING AUTOMATION SYSTEM PROPOSAL City of Beaumont: Art Museum of Southeast Texas Prepared For: City of Beaumont Attn: David Lornette Project Info: Art Museum of Southeast Texas 500 Main Street Beaumont, TX 77701 AuToAiaTEDLoGic Date: 10/22/2019 Prepared By: John Waisath I Account Executive M: 713-494-4161 iohn.waisath@automatedlogic.com Terms: This proposal is subject to the attached TERMS AND CONDITIONS OF SALE AUTOMATED LOGIC CONTRACTING SERVICES, INC. dated (August 2015) Project Description: Automated Logic is pleased to provide the enclosed proposal for an Automated Logic WebCTRL Building Automation System (BAS) for the Art Museum of Southeast Texas. Automated Logic will provide all necessary engineering, software, hardware, installation, project management, commissioning, programming, and warranty for a complete, turnkey system. The system database for this project, including programs, software, and graphics, will be installed on the existing City of Beaumont WebCTRL server. Scope of Work (1) Air -Cooled Chiller • Start/Stop • Status • Flow Switch • CHWS Temperature • CHWR Temperature (1) CHW Pump • Sta rt/Sto p • Status (1) Boiler • Start/Stop • Status • HWS Temp • HWR Temp Boiler Reset Valve (1) HW Pump • Start/Stop • Status (3) SZ AHUs • Start/Stop • Status BUILDING AUTOMATION SYSTEM PROPOSAL • SATemperature • Space Temperature • Space Humidity CHW Valve HW Valve OA Damper (1) VAV AHU • Start/Stop • Status • SA Temperature Duct Static Pressure High Static Limit • CHW Valve OA Damper (10) Fan -Powered Terminal Units • Start/Stop • Status • SA Temperature • Space Temperature • Space Humidity • HW Valve Miscellaneous • OATemperature Scope Clarifications & Exclusions AtUMATEDLoGic Clarifications: • ALC will provide commercial grade retrofit control valve actuators for the existing -to -remain control valves. • ALC will provide combination space temperature/humidity sensors with LCD display, set point adjustment, and occupancy override._ • All cabling not in conduit will be plenum rated wire. Mechanical room wiring and cables will be installed in conduit. • City of Beaumont shall supply 120 VAC power to all BAS control panels. • ALC will furnish installation labor, wiring, programming/graphics, and check out for the Building Control and Automation System. • ALC is providing all DDC control modules, enclosures, software, engineering, and field devices specified. Providing (1) year warranty on materials and labor. Exclusions Prevailing wage rates and certified payroll are excluded from this proposal. • Project price excludes all scope of work associated with fire dampers, fire/smoke/automatic dampers, smoke detectors, fire alarm system, or any other Life Safety Equipment. • Bonding is not included. • Any work not listed above. BUILDING AUTOMATION SYSTEM PROPOSAL AUTOMATEDLOGIC Project Cost . Building Automation System............................................................................:....................................... $ 65,700.00 Pricing does not include sales, use, and other similar taxes, which may be imposed by local, state, and/or federal government on all new work. If claiming tax exemption on this project, please include a Tax Exempt or Resale Certificate with acceptance of this proposal. This pricing is valid for 45 days from the above date. Thank you for your consideration of Automated Logic for this project. We look forward to working with you and your team on this unique opportunity. Please feel free to contact me anytime with questions or for any clarifications or scope modifications. yon wl John Waisath Account Executive Automated Logic M: 713-494-4161 john.waisath@automatedlogic.com Automated Logic Contracting Services, Inc. will not proceed with any work, including submittals without a signed proposal, approved purchase order or executed contract. PROCEED AS INDICATED: AUTOMATED LOGIC Name Signature Title CUSTOMER: Customer Name Date Signature Title Date PO Number AuTOMATEDWGIC BUILDING AUTOMATION SYSTEM PROPOSAL , TERMS AND CONDITIONS OF SALE AUTOMATED LOGIC CONTRACTING SERVICES, INC. 1. PAYMENT AND TAXES — Payment shall be made net 30 days from date of Invoice. Automated Logic reserves the right to require rash payment or other alternative method of payment prior to shipment or completion of work If Automated Logic detemhlnes, in its sole discretion, that Customer or Customers assignee's financial condition at any time does not justify continuance of the net 30 days payment term In addition to the price, the Customer shall pay Automated Logic any taxes or government charges arising from this Agreement. If Customer claims any such taxes do not apply to transactions covered by this Agreement, Customer shall provide Automated Logic with acceptable tax exemption certificates. Payment for service agreements shag be due and payable in advance of services being rendered. 2. SCOPE OF WORWEXCLUSIONS — Repair to building construction, plastering, patching and painting are excluded. Customer agrees to provide Automated Logic with required field utilities (electricity, tollets, drinking water, receiving dock, project hoist, elevator service, etc.) without charge. Automated Logic agrees to keep the job site clean of debris arising out of its own operations. Customer shall not back charge Automated Logic for any costs or expenses without Automated Logic's written consent Unless specifically noted In the statement of the scope of work or services undertaken by Automated Logic under this Agreement, Automated Logic's obligations under this agreement expressly exclude any work or service of any nature associated or connected with the Identification, abatement, dean up, control, removal, or disposal of environment hazards or dangerous substances, to Include but not be limited to asbestos or PCBs, discovered In or on the premises. Any language or provision of the Agreement elsewhere contained which may authorize or empower the Customer to change, modify, or atter the scope of work or services to be performed by Automated Logic shall not operate to compel Automated Logic to perform any work relating to Hazards without Automated Logic's express written consent Services performed at customers direction outside of the scope of this Agreement will be billed at our scheduled rates. 3. EXTRAS — Work and material In addition to or different from that stated herein, and changes in drawings, specifications or time of performance, shall be considered as extras, and shall entitle Automated Logic to an adjustment in the contract price and the delivery schedule. 4. EMERGENCY SERVICE WORK — If emergency service is performed at Customers request and inspection does not reveal any defects for which Automated Logic is liable under this Agreement, Customer shall pay for such work at Automated Logic's prevailing time and material rate. 5. SHIPMENT/PARTIAL SHIPMENTIRETURNS — All product shipments shall be F.C.A. shipping point (Incotemu 2010), freight prepaid and allowed to the job site. Shipment dates quoted are approximate. Automated Logic -does not guarantee a particular date for shipment or delivery. Automated Logic shall have the right to ship any portion of equipment goods or other materials Included in this Agreement and 'invoice Customer for such partial shipment No goods will be accepted for return without prior written authorization. Returned goods may be subject to a restocking charge. Special order and non -stock items cannot be returned. 6. DELAYS — Automated Logic shall not be gable for any delay In the performance or the work resulting from or attributed to ads or circumstances beyond Automated Logics control, including, but not limited to, acts of God or of the public, acts of government acts of terrorism, fire, floods, epidemics, freight embargoes, unusually severe weather, dots, strikes or labor disputes, conditions of the premises, ads or omissions of the Customer, Owner or other contractors, or delays caused by suppliers or subcontractors ('Force Majeure Event(sr). In the event Automated Logic is delayed in manufacturing, shipping, delivery or any other performance under this Agreement by a Force Majeure Event and without the fault or negligence of Automated Logic, Automated Logic agrees to notify Customer In writing as soon a practicable of the causes of such delay, and Automated Logic shag further be entitled to an extension of the time equivalent to the duration of any such delay and a reasonable time in which to recover from said delay to resume performance. In the event any materials or equipment to be provided by Automated Logic under this Agreement becomes permanently unavailable as a result of a Force Majeure Event Automated Logic shall be excused from furnishing said materials or equipment 7. WARRANTY — Automated Logic warrants to Customer that the Work performed by Automated Logic hereunder will comply In all material respects with the attached Scope of Work or Statement of Services and will be free from material defects In workmanship. Automated Logic warrants that all equipment manufactured by Automated Logic Corporation and all Automated Logic equipment parts or components supplied hereunder will be free from defects in material and workmanship. Automated Logic shag at its option repair or replace, F.CA point of sale (Incotenns 2010), any equipment part or component sold by Automated Logic and determined to be defective within one (1) year from the date Customer has beneficial use. Automated Logic does not warrant products not manufactured by Automated Logic, but It does pass on to Customer any available manufacturers warranty for such products. Automated Logic warrants that all services provided by Automated Logic hereunder shall be performed In a workmanlike manner. In the event any such service is determined to be defective within ninety (90) days of completion of that service, Automated Logic shag at its option re -perform or issue a credit for such service. Automated Logic's obligations as set forth herein shag be Customers exclusive remedy. Automated Logic shag not be responsible for labor charges for removal or reinstallation of defective equipment parts or components, for charges for transportation, handling and shipping, or for repairs or replacement of such equipment, parts or components required as a consequence of faulty Installation when not installed by Automated Logic, misapplication, vandalism, abuse, exposure to chemicals, Improper servicing, unauthorized alteration or improper operation by persons other than Automated Logic. THIS WARRANTY IS GIVEN IN LIEU OF ALL OTHER WARRANTIES EXPRESS IMPLIED OR STATUTORY INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. a. WORKING HOURS — All services performed under this Agreement, Including major repairs, are to be provided during Automated Logic's normal working hours unless otherwise agreed In writing. 9. CHANGE ORDERSIADDITIONAL WORK—Automated Logic will not perform additional work until such time as Automated Logic receives a change order, duty executed by each party, setting forth the scope and an agreed upon price for the additional work, as well as any appropriate adjustments to the delivery schedule. Additional work and/or materials supplied under any change order shall be subject to the terms of this Agreement. 10. CUSTOMER RESPONSIBILITIES — Customer shag: provide safe and reasonable access to the job site and equipment being serviced; provide a safe work environment keep areas adjacent to equipment free of extraneous material; move any stock, fixtures, walls, partitions, ceilings, enclosures or such other property as may be necessary to perform the specified work; promptly notify Automated Logic of any unusual operating conditions; operate any equipment supplied hereunder property and In accordance with Instructions; and Identify and label any asbestos containing material that may be present The Customer will provide, In writing, prior to the start of a job, a signed statement regarding the absence or presence of asbestos for any job where the building or the equipment to be serviced Is older than 1981. Should this document state that no asbestos Is present the Customer will also provide In writing the method used to determine the absence of asbestos. If online service As modem Is being provided, the Customer shall provide and maintain, at Customers cost, a voice grade dial-up telephone line or Internet connection Installed In a mutually agreed upon location. ti. LIMITATION OF LIABILITY— Under no circumstances shall Automated Logic be gable for any indirect, Incidental, special or consequential damages, Including loss of revenue, loss of use of equipment or facilities, loss of data, or economic damages howsoever arising. Automated Logic shall be liable for damage to property, other than equipment provided under this Agreement, and to persons, to the extent that Automated Logio's negligent acts or omissions directly contributed to such injury or property damage. To the extent permitted by law, Automated Logic's aggregate liability for any reason, whether In contract, tort (including negligence) or otherwise, will be limited to the value of the payments received by Automated Logic under this Agreement. The aggregate liability shall not limit the liability of Automated Logic for any Injury to, or death of a person, caused by its gross negligence. 12. CUSTOMER TERMINATION FOR DEFAULT — Customer shall have the right to terminate this Agreement for Automated Logics default provided Automated Logic falls to cure such default within thirty (30) days after having been given prior written notice of the default. Upon early termination or expiration of this Agreement, Automated Logic shall have free access to enter Customer locations to disconnect and remove any and all Automated Logic -owned parts, tools and personal property. Additionally, Customer agrees to pay Automated Logic for all Incurred but unamortized service costs performed by Automated Logic including overhead and a reasonable profit 13. AUTOMATED LOGIC TERMINATION — Automated Logic reserves the right to discontinue Its service or performance under this Agreement any time payments have not been made as agreed or R alterations, additions or repairs are made to equipment during the term of this Agreement by others without prior agreement between Customer and Automated Logic. Should Customer fail to make payment in accordance with the terms of this Agreement and such failure continues without cure for a period of five (5) days following Customers receipt of written notice of such payment default, Automated Logic may terminate this Agreement without liability. 14. CLAIMS I ALC EMPLOYEES — Any lawsuits arising from the performance or nonperformance of this Agreement whether based upon contract, negligence, strict gabgily, or otherwise, shall be brought within one (1) year from the date the claim arose. The Customer acknowledges that Automated Logic's employees are valuable assets to Automated Logic. During the Term of this Agreement or one hundred eighty (180) days thereafter, whichever is greater, W Customer hkes an Automated Logic employee who worked at the Customers facility at any time, the Customer agrees to 1) pay Automated Logic an amount equal to twelve (12) months' salary for such employee, and 2) reimburse Automated Logic for all costs associated with any training Automated Logic provided to such employee. 15. GOVERNMENT PROCUREMENTS — (a) COMMERCIAL ITEMS — The components, equipment and services provided by Automated Logic under this Agreement are "commercial items' as defined In Section 2.101 of the Federal Acquisition Regulations ('FAR'), and the prices of such components, equipment and services are based on Automated Logic's commercial pricing policies and practices (which do not consider any special requirements of U.S. Government cost principles, FAR Part 31, or any similar procurement regulations). As such, Automated Logic will not agree to provide or certify cost or pricing data, nor will Automated Logic agree to comply with the Cost Accounting Standards (CAS). In addition, no federal government procurement regulations, such as FARs or DFARs, shall apply to this Agreement except those regulations expressly accepted in writing by Automated Logic. (b) WHERE AUTOMATED LOGIC IS SUBCONTRACTOR — Where Automated Logic is subcontractor, Automated Logic is agreeing to perform a private subcontract for the sale of a commercial item on a foxed -price basis to Customer (a private entity) and as such there shag be no Federal Acquisition Regulations (FARs), DFARS, CFRs, or any other federal government procurement regulations of any kind which apply to this Agreement except those regulations expressly accepted In writing by Automated Logic. In addition, Automated Logic will not agree to provide or certify cost or pricing data nor will Automated Logic agree to comply with the Cost Accounting Standards (CAS). Automated Logic refers to FAR 52.244-6, 'Subcontracts for Commercial Items and Commercial Components." 16. HAZARDOUS MATERIALS — If Automated Logic encounters any asbestos or other hazardous material while performing this Agreement Automated Logic may suspend its work and remove its employees from the project, until such material and any hazards associated with R are abated. The time for Automated Logic's performance shall be extended accordingly, and Automated Logic shag be compensated for the delay. 17. OCCUPATIONAL SAFETY AND HEALTH — Automated Logic and Customer agree to notify each other Immediately upon becoming aware of an inspection under, or any alleged violation of, the Occupational Safety and Health Act ('OSHA) relating in any way to the performance of work under this Agreement, the project or the job site. 18. ENTIRE AGREEMENT, ASSIGNMENT and MODIFICATION -This Agreement contains the complete and exclusive statement of the agreement between Automated Logic and Customer and supersedes all previous or contemporaneous, oral or written, statements. Customer may assign this Agreement only with Automated Logic's prior written consent No change, modification, amendment or waiver of any of the terms or conditions of this Agreement shall be binding upon the.parfies unless made In writing and duty executed by both parties hereto. is. CUSTOMER CONSENT - Customer consents and agrees that Automated Logic may, from time to time, publicize Automated Logic related projects with Customer, Including the value of such projects, In all forms and media for advertising, trade, and any other lawful purposes. 20. FOR WORK BEING PERFORMED IN CALIFORNIA - Contractors are required by law to be licensed and regulated by the Contractors' State License Board which has jurisdiction to Investigate complaints against contractors If a complaint regarding a patent act or omission Is filed within four years of the date of the alleged violation. A complaint regarding a latent act or omission pertaining to structural defects must be filed within 10 years of the date of the alleged violation. Any questions concerning a contractor may be referred to the Registrar, Contractors' State License Board, P.O. Box 26000, Sacramento, California 95626. 21. INTELLECTUAL PROPERTY — Notwithstanding anything to the contrary stated herein, Automated Logic retains ownership of Its Intellectual property and no license to Automated Logics Intellectual property Is granted except as necessary for Customer to use any deliverables and/or services provided hereunder. AUTOMATEDIAGIC TERMS AND CONDITIONS OF SALE AUTOMATED LOGIC CONTRACTING SERVICES, INC. 10-24-17 10-24-17 RESOLUTION NO. WHEREAS, Automated Logic, of Pasadena, Texas, submitted a proposal in the amount of $65,700.00 for the purchase of a replacement HVAC control system at the Art Museum of Southeast Texas located at 500 Main Street; and, WHEREAS, Automated Logic, of Pasadena, Texas, is the authorized service provider for the Houston and Beaumont area; and, WHEREAS, to maintain continuity of service, support for the current system, and software compatibility it is imperative that the City utilize Automated Logic, of Pasadena, Texas; and, WHEREAS, City Council is of the opinion that the proposal submitted by Automated Logic, of Pasadena, Texas should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT the proposal submitted by Automated Logic, of Pasadena, Texas, in the amount of $65,700.00 for the purchase of a replacement HVAC control system at the Art Museum of Southeast Texas located at 500 Main Street be accepted by the City of Beaumont; 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 29th day of October, 2019. - Mayor Becky Ames - c BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Todd Simoneaux, Chief Financial Officer MEETING DATE: October 29, 2019 REQUESTED ACTION: Council consider a resolution approving the purchase of paint striping equipment for use in the Traffic Management Division. BACKGROUND The paint striping equipment will be purchased from Wagner Holdings Inc., DBA Titan Advanced Striping Equipment of Minneapolis, Minnesota, in the amount of $54,827. The new equipment will replace unit 9903, a 2011 Fairwest Premelter, which has exceeded the expected service life. It will be disposed of in accordance with the City's surplus equipment policy. Titan Advanced Striping Equipment is the sole manufacturer of the Titan Line Striping system. FUNDING SOURCE Capital Reserve Fund. RECOMMENDATION Approval of the resolution. TITAN4 40VANCE0 S MPNG EOt1MMEMP WAGNER HOLDINGS, INC/DBA TITAN 155 FLEET DR VILLA RICA, GA 30180 USA Phone: 770-920-1090 Quoted to: CITY OF BEAUMONT, TX ACCOUNTS PAYABLE PO BOX 3827 BEAUMONT, TX 77704-3827 USA Contact: Ship to: CITY OF BEAUMONT TX 801 MAIN ST. STE 125 BEAUMONT, TX 77701 USA PHONE: 409-880-3175 Quotation Quote Number: 13693 Quote Date: Oct 17, 2019 FAX: 409-880-3720 Page: 1 Customer ID Good Thru Payment Terms Ship Method Sales Rep BEAU 11/16/19 Net 30 Days FOB DESTINATION BRYAN Quantity Item Description Unit Price Extension 1.00 ASE32300000ALP TRLR TITAN 15'X 8'14,000 GVW, TONGUE 16,499.00 16,499.00 JACK, DUAL 7000LB AXLES, G RATED TIRES. 2.00 ASE05200000A KETTLE PFAJ 10001,13 12,389.00 24,778.00 1.00 ASESPTVL125ALA LIFTGATE ASSY 1805-999 5,050.00 5,050.00 1.00 ASE08300000A POWER PACK LP 13HP HONDA ASSY 7,750.00 7,750.00 1.00 TRAINING TECH TRAINING AT CUSTOMER SITE. 750.00 750.00 ALL SPECIAL ORDERED ITEMS ARE NON-REFUNDABLE AND NON -RETURNABLE SIGNATURE IDT -119:1 Subtotal 54, 827.00 Sales Tax Freight Total 54, 827.00 RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Council hereby approves the purchase of Titan line striping equipment for use by the Traffic Management Division from Wagner Holdings, Inc., dba Titan Advanced Striping Equipment, of Minneapolis, Minnesota, a sole source provider, in the amount of $54,827.00. 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 29th day of October, 2019. - Mayor Becky Ames - F� BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Todd Simoneaux, Chief Financial Officer MEETING DATE: October 29, 2019 REQUESTED ACTION: Council consider a resolution approving the purchase of two mowers and two heavy duty all -terrain vehicles for use in various City Departments. BACKGROUND One Kubota Z700 mower in the amount of $8,861.90 will be purchased for use in the Parks and Recreation Division. This will replace unit 4112, 2014 Exmark, which has exceeded the expected service life and will be disposed of in accordance with the City's surplus equipment policy. One Kubota Z700 mower in the amount of $8,861.90 will be purchased for use in the Streets and Drainage Division for the new Hot Shot Crew. This will be additional equipment added to existing inventory. Two Kubota RTV-X900W heavy duty all -terrain vehicles in the amount of $33,952.78 will be purchased for the Highway Maintenance Division. These will be additional equipment added to existing inventory. Total pricing, in the amount of $51,676.58, was obtained from Kubota Tractor Corporation, of Grapevine, Texas, through the BuyBoard contract. BuyBoard is a cooperative purchasing association that complies with the State of Texas' procurement statutes. FUNDING SOURCE Capital Reserve Fund. RECOMMENDATION Approval of the resolution. *All equipment specifications are as complete as possible as of the date on the quote. Additional attachments, options, or accessories may be added (or deleted) at the discounted price. All specifications and prices are subject to change. Taxes are not Included. The PDI fees and freight for attachments and accessodes quoted may have additional charges added by the delivering dealer. These charges will be billed separately. Prices for product quoted are good for 60 days from the dale shown on the quote. All equipment as quoted is subject to availability. 0 2018 Kubota Tractor Corporation. All rights reserved. RTV-X900W-A WEB QUOTE #1476405 ® Date: 10/7/2019 2:06:24 PM Customer Information — Harville, Jeff CoaperaHve 1117 Ong City of Beaumont jeff.harvilie@beaumonttexas.gov CE - #515-16, GM - #529-17 409-842-5885 Quote Provided By Beaumont Tractor Company, Inc. Kyle Lee 4430 College St. Beaumont, TX 77707 email: kyle@beaumonttractor.com phone:4098663360 — Standard Features — — Custom Options — Kubota RNW-A Base Price: $14,999.00 (1) HEAVY LOADD SPRINGS -FRONT $104.00 K7591 -99190 -HEAVY LOAD SPRINGS - FRONT V Series . RTV-X900W-A (1) REAR PANEL (BLACK) $684.00 * * * EQUIPMENT IN STANDARD MACHINE * * * 77700-VC5040-REAR PANEL (BLACK) (1) DOORS - VINYL (BLACK) $1,490.00 DIESEL ENGINE KEY FEATURES 77700-VC5095•DOORS-VINYL (BLACK) Model Kubota D902 Digital Multi -meter (1) WINDSHIELD POLYCARBONATE HC $1,250.00 3 Cyl. 54.8 cu In Front Independent Adjustable 77700-VC5023WINDSHIELD POLYCARBONATE HC +21.6 Gross Eng HP Suspension (1) CANOPY - PLASTIC (BLACK) $341.00 60 Amp Alternator Rear Independent Adjustable 77700-VC5011-CANOPY - PLASTIC (BLACK) Suspension (1) INSIDE REAR MIRROR KIT $59.00 TRANSMISSION - Brakes - Front/Rear Wet Disc 77700 -V4266 -INSIDE REAR MIRROR KR VHT-x Rear Brake Lights / Front Configured Price: $18.927.00 Variable Hydro Transmission Headlights Forward Speeds: 2' Hitch Receiver, Front and Rear BUY BOARD Discount: ($4,163.94) Low 0 - 15 mph Deluxe 60/40 split bench seats SUBTOTAL: $14.763.06 High 0 - 25 mph with driver's side seat adjustment Reverse 0 - 17 mph Underseat Storage Compartments Dealer Assembly: $368.33 Llmlted-sllp Front Differential Lockable Glove Box Freight Cost: $885.00 Rear differentia) lock Front Guard (radiator guard and bumper) PDI: $400.00 HYDRAULICS Hydrostatic Power Steering SAFETY EQUIPMENT KF-U45R2 4500lbs Winch $560.00 with manual tilt -feature SAE J2194 & OSHA 1928 ROPS Hydraulic Cargo Dump Dash -mounted Parking Brake Total Unit Price: $16,976.39 Hydraulic Oil Cooler Hom Spark Arrestor Muffler Quantity Ordered: 2 FLUID CAPACITY Retractable 2 -point Seat Belts Final Sales Price: $33,952.78 Fuel Tank 7.9 gal Rear Protective Sreen Cooling 6.4 qts Engine Oil 3.3 qts DIMENSIONS Transmission Oil 1.8 gal Brake Fluid 0.4 qts Width 63.2 in Height 79.5 In Purchase Order Must Reflect Length 120.3 in the Final Sales Price CARGO BOX Wheelbase 80.5 In Width 57.7in Tow Capacity 1300 lbs Length 40.5 In Ground Clearance 10.4 in Depth 11.2 In Suspension Travel 8 in Load Capacity 1102Ibs Turning Radius 13.1 ft To order equipment— purchase orders'must be made out and Vol. Capacity 15.2 cu ft Factory Spray -on Bedliner returned to: "L" Models Only Kubota Tractor Corporation + Manufacturer Estimate Attn: National Accounts Bright Alloy Wheels (Silver- 1000 Kubota Drive painted) Grapevine, TX 76051 "S" Models Only or email NA.Support@kubota.com TIRES AND WHEELS or call 817-756-1171 or fax 844-582.1581 ATV Tire 25x10-12,6ply *All equipment specifications are as complete as possible as of the date on the quote. Additional attachments, options, or accessories may be added (or deleted) at the discounted price. All specifications and prices are subject to change. Taxes are not Included. The PDI fees and freight for attachments and accessodes quoted may have additional charges added by the delivering dealer. These charges will be billed separately. Prices for product quoted are good for 60 days from the dale shown on the quote. All equipment as quoted is subject to availability. 0 2018 Kubota Tractor Corporation. All rights reserved. Z726XKW-2-60 WEB QUOTE #1473746 Date: 10/3/2019 2:37:20 PM Customer Information — Harville, Jeff Cooperative Purchasing City of Beaumont jeff.harville@beaumonttexas.gov CE - #515-16 GM - #529-17 409-842-5885 Quote Provided By Beaumont Tractor Company, Inc. Kyle Lee 4430 College St. Beaumont, TX 77707 email: kyle@beaumonttractor.com phone:4098663360 — Standard Features — — Custom Options — ' Z726XKW-2-60 Base Price: $10,336.00 (1) TUFF TOP CANOPY FOR ALL Z100 & Z700 $269.00 Z3366 -TUFF TOP CANOPY FOR ALL Z100 &Z700 Z700 Series Z726XKW-2-60 Configured Price: $10.605.00 " * * EQUIPMENT IN STANDARD MACHINE * * * BUY BOARD Discount: ($2,333.10) SUBTOTAL: $8.271.90 GASOLINE ENGINE OPERATING FEATURES Kawasaki FX801V Premium Adjustable Suspension Dealer Assembly: $85.00 Air-cooled, V -Twin Vertical Seat Freight Cost: $255.00 Shaft Zero Tum Radius 25.5 HP @ 3600 rpm Foot Controlled Brake PDI: $250.00 Displacement 852 cc Adjustable Levers and Mower Deck Kubota Model GH860V Lift Pedal Cup Halder & Storage Total Unit Price: $8,861.90 TRANSMISSION Compartments Quantity Ordered: 2 Parker Torgpact HTG14 Semi -pneumatic, Smooth, Flal.free Integrated 14cc pump and Front Tires Final Sales Price: $17,723.80 wheel motor Internal Parking Brake SAFETY EQUIPMENT Forward Speeds 0 -11.2 mph Seat Safety Switch Reverse Speeds 0 - 5.6 mph Control Lever Safety Switch Parking Brake Safety Switch STEERING / MOTION Foldable ROPS CONTROL (2) Hand Levers PTO SYSTEM Hydraulically Damped Belt Driven Purchase Order Must Reflect Dynamo -Electric clutch the Final, Sales Price FLUID CAPACITY Fuel Tank 11.6 gal MOWER DECK Oil 1'.9 qts 60" Cutting Width Transaxle 3.5 qts 1-5" Cut Height, Adjustable 1/4" Increments DIMENSIONS Flexible Discharge Cover To order equipment— purchase orders must be made out and Height 70.8" Fabricated 8 Gauge Steel returned to: Length 83.9" 6" Deep Design 3 Blades Kubota Tractor Corporation Width w/o deck 54.7" Wheelbase 51" 18,600 fpm Blade Tip Speed Attn: National Accounts Maintenance -Free Sealed Spindles 1000 Kubota Drive Manufacturer's estimate. Grapevine, TX 76051 or email NA.Support@kubota.com TIRES AND WHEELS or call 817-756-1171 or fax 844-582-1581 Front Casters 13 x 5.0 - 6 Flat free Rear 24 x 9.5 -12 Turf •AII equipment speelfleatlons are as complete as possible as of the date on the quote. Additional attachments, options, or accessories may be added (or deleted) at the discounted price. All specifications and prices are subject to change. Taxes are not included. The PDI fees and freight for attachments and accessorids quoted may have additional charges added by the dellvering dealer. These charges will be billed separately. Prices for product quoted are good for 60 days from the date shown on the quote. AII equipment as quoted Is subject to availability. ® 2018 Kubota Tractor Corporation. Ali rights reserved. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Council hereby approves the purchase of two (2) mowers for use by the Parks Division and Streets and Drainage Division from Kubota tractor Corporation, of Grapevine, Texas, in the total amount of $17,723.80 through the BuyBoard Cooperative Purchasing Program; and, BE IT FURTHER RESOLVED THAT the City Council hereby approves the purchase of two (2) heavy duty all -terrain vehicles (ATV) for use by the Highway Maintenance Division from Kubota Tractor Corporation, of Grapevine, Texas, in the total amount of $33,952.78 through the BuyBoard 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 29th day of October, 2019. - Mayor Becky Ames - E BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City .Manager PREPARED BY: Dr. Joseph Majdalani, P.E., Public Works Director MEETING DATE: October 29, 2019 REQUESTED ACTION: Council consider a resolution approving a Petition for Consent to Include Additional Land in Jefferson County Water Control and Improvement District No. 10. Kerr Tractor Southwest, Ltd. submitted a request for public water and sewer services to their approximately 118.36 acre tract of land off of Highway 69. The City of Beaumont Water Utilities Department determined the City has limited capacity to supply services to the proposed project. Therefore, the City Water Utilities Department suggested Jefferson County Water Control and Improvement District No. 10 provide the services. The City of Beaumont has reviewed the Petition for Consent to Include Additional Land in Jefferson County Water Control and Improvement District No. 10 on behalf of Kerr Tractor Southwest, Ltd. covering approximately 118.36 acres of land in Jefferson County, Texas. The 118.36 acre tract of land is located outside of the city limits of Beaumont, but within the Extraterritorial Jurisdiction (ETJ) and Certificate of Convenience and Necessity (CCN) area. The City of Beaumont has no objection to releasing the approximately 118.36 acre tract of land from the CCN area. At this time, the City hereby consents to the 118.36 acre tract of land that will be served by Jefferson County Water Control and Improvement District No. 10. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the resolution. 100 s1 jConm TEW RRCIS ERRD FIRM 019541 Kyle Hayes 801 Main Street, Suite 300 Beaumont, Texas 77701 October 14, 2019 Mr. Hayes, Re: Petition for Consent to Annex Mr. James Kerr is currently in the planning stage to develop a track of land, for light commercial development, along the north frontage road of US 69/11wy 287 at the intersection of FM 3514. This track of land falls both within and outside the City of Beaumont's most southern ETJ Boundary. The property also falls with the City Limits of Nederland as well as their ETJ. Mr. Kerr wishes to opt out of the City of Beaumont's ETJ altogether due to the overlapping boundaries within the proposed development. Design of the project will follow Jefferson Counties guidelines and standards. Attached is a petition for consent to include additional land in Jefferson County Water Control and Improvement District No. 10 to provide water, sewer, and fire protection. Also included is a layout of the proposed Master Plan and Phase I limits of construction. Please advise if any addition information or exhibits will be needed to get on the City Council agenda to get "Consent" to allow WD -10 to annex approximately 78.42 acres within their ETJ boundary. Thank You, qrobeK. B ur, 0703 balfour(a�san icon ultingengineers.com Ph: (409)-926-4439 87 'Morth x.11 10, idte 215, J`ex s, 7 770 Pb.oiie: (409) 926_.4464. o U<1I1llIf-.lOL111tittil(CJS�lI1C1J'COIlSI:(itI37�( I1 ;.1I1 T�.(;U111 JAMES KERR DEVELOPMENT US 691 HWY 287 VICINITY MAP 0 1.0 U .-0 SCALE (WILES) INDEX OF SHEETS r' TITLE SHEET SITE LAYOUT G7.0 PHASE I C-1.1 LOCATION MAP SCALE OEn a wo 17ar z,ar III 1�I 1 I'�I IL �: � MI A PETITION FOR CONSENT TO INCLUDE ADDITIONAL LAND IN JEFFERSON COUNTY WATER CONTROL AND IMPROVEMENT DISTRICT NO. 10 THE STATE OF TEXAS § COUNTY OF JEFFERSON § TO THE HONORABLE MAYOR AND CITY COUNCIL OF THE CITY OF BEAUMONT: Kerr Tractor Southwest, Ltd., as a Texas limited partnership, being the holder of title to all of, and therefore, a majority in value of the land hereinafter described, as such values are indicated by the tax rolls of the central appraisal district of Jefferson County, Texas .("Landowner"), and Jefferson County Water Control and Improvement District No. 10 ("District") (Landowner and District hereinafter called "Petitioner"), acting pursuant to the provisions of Section 42.0425, Texas Local Government Code, as amended, respectfully petition for consent to include additional land in a water control and improvement district. In support of this petition, Petitioner shows as follows: I. The District, to which the land hereinafter described is sought to be annexed, exists under the terms and provisions of Article XVI, Section 59 of the Constitution of Texas and Chapters 49 and 51, Texas Water Code, as amended. Landowner is the sole owner and holder of fee simple title to the land sought to be annexed to the District, as indicated by the tax rolls of the central appraisal district of Jefferson County, Texas. Landowner represents and warrants that there are no holders of liens against said land. IS The land sought to be added to the District contains approximately 118.36 acres of land, more or less, and lies wholly within Jefferson County, Texas. No part of said area is within the limits of any incorporated city or town. Under the provisions of Section 42.001, Local Government Code, as amended, said area is within the extraterritorial jurisdiction of the Cities of Nederland and Beaumont, Texas and is not within such jurisdiction of any other city. All of the territory to be annexed may properly be annexed to the District. "11 The land sought to be added to the area of the District is described by metes and bounds in Exhibit "A" attached hereto and incorporated herein for all purposes. N. The general nature of the work proposed to be done in the area sought to be annexed shall be the purchase, construction, acquisition, repair, extension and improvement of land, easements, works, improvements, facilities, plants, equipment and appliances necessary to: (1) provide a water supply for municipal, domestic and commercial purposes; (2) collect, transport, process, dispose of and control all domestic, industrial or communal wastes whether in fluid, solid or composite state; (3) gather, conduct, divert and control local storm water or other harmful excesses of water in the area; and (4) provide, operate and maintain a fire department and/or firefighting services ("firefighting -facilities") within the area. V. The area of the District is urban in nature, is within the growing environs of the City of Beaumont, and is in close proximity to populous and developed sections of Jefferson County. There is a necessity for the improvements described above because the land sought to be added to the District is not supplied with adequate water, sanitary sewer, drainage or fire -fighting facilities, nor is it presently economically feasible for such facilities to be added to said land. The health and welfare of the present and future inhabitants of the District, the land sought to be added to the District, and of territories adjacent thereto require the installation and acquisition of adequate water, sanitary sewer, drainage and fire -fighting facilities for and within the land sought to be added to the District. A public necessity exists for the addition of said lands to the District to promote and protect the purity and sanitary condition of the State's waters and the public health and welfare of the community, by and through the construction, extension, improvement, maintenance and operation of water, sanitary sewer, drainage and fire -fighting facilities. WHEREFORE, Petitioner respectfully prays that this petition be granted in all respects and that the City of Beaumont give its consent to the annexation of the aforesaid land into said District. -2- IN WITNESS WHEREFORE, Petitioner has executed this Petition on this the �9V1 day of, 2019. Landowne Kerr Tractor Southwest, Ltd. A Texas limited partnership By. Kerr TrXtlr GP, LLC, its general partner A Texas li#iitVd liability colipany Kerr, Manager THE STATE OF TEXAS § COUNTY OF JEFFERSON § +h This instrument was acknowledged before me on this (D day of 2019, by James Kerr, Owner of Kerr Tractor Southwest, Ltd., as a Texas limited partnership, on behalf of said limited partnership. NADIA J DAVIS ,.._Notary Public, State of Texas z Comm. Expires 08-03-2020 Notary ID 1228143-4 (SEAL) Notary Public in and for the State of Texas -3- Attest: By: Name: Title: Secretary, Board of Directors (SEAL) District JEFFERSON COUNTY WATER CONTROL AND IMPROVEMENT DISTRICT NO. 10 By:_ Name: Title: ma President, Board of Directors EXHIBIT A Legal Description of the Property -5- /'j1 '\sJ Commercial • Residential • Industrial Surveyors, LLC Firm No. 10136400 Field Note Description: 200.01 Acres Out of the P. Humphreys Survey, Abstract No. 32, W. Carroll Survey, Abstract No. 13 & T.&N.O.RR, Abstract No. 257 Jefferson County, Texas June 14, 2019 BEING a 200.01 acre tract or parcel of land located in the P. Humphreys Survey, Abstract No. 32, W. Carroll Survey, Abstract No. 13 and the T.&N.O.RR, Abstract No. 257, Jefferson County, Texas, being all of a 72.09 acre tract of land (previously surveyed by Access Surveyors) recorded in County Clerk File 2014000320, being all of a called 65.3708 acre tract of land (previously surveyed by Access Surveyors) recorded in County Clerk File 2013023101, being the following tract recorded in County Clerk File 2015003484: being the residue of a called 38.34 acre tract of land (Parcel 1), a called 2.755 acre tract of land (Parcel II), a called 40.496 acre tract of land (Parcel III, Tract 1), and a called 6.554 acre tract of land (Parcel III, Tract III), Official Public Records of Jefferson County, Texas (shown hereon as OPRJCT): Note: '( )' from record plat called bearings and distances. The entirety of this property was not surveyed. This legal description was created using existing deeds, partial field survey work and a compilation map created by Access Surveyors. BEGINNING at a %" capped rod found for the Southwesterly corner of the herein described tract and being the Southwesterly corner of said 72.09 acres, being the Northwesterly corner of a called 28.63 acre tract of land recorded in County Clerk File 2018035920, OPRJCT and in the Easterly Right -of -Way line of U.S. 69 Frontage Road N. (R.O.W. varies); THENCE North 27041'20" West (N 24°23'00" W) along and with the Westerly line of said 72.09 acres for a distance of 1,889.66 feet (1,889.93') to a W capped rod found for the Northwesterly corner of said 72.09 acres and the Southwesterly corner of said 2.755 acres; THENCE North 27031'46" West (N 24°23'00" W) along and with the Westerly line of said 2.755 acres for a distance of 150.24 feet (150.00') to a 5/8" rod found for the Northwesterly corner of said 2.755 acres and a Southwesterly corner of said 65.3708 acres; THENCE North 27"42'24" West along and with the Westerly line of said 65.3708 acres for a distance of 1,649.54 feet to a capped rod found for the Northwesterly corner of said 65.3708 acres and the Southwesterly corner of said 38.34 acres; THENCE North 27°44'12" West along and with the Westerly line of said 38.34 acres for a distance of 779.43 feet to the Southwesterly corner of a called 2.80 acre tract of land (75' wide drainage ditch) recorded In County Clerk File 103-72-0926, Real Property Records of Jefferson County, Texas; Page 1 of 2 11025 Old Voth Road, Beaumont, Texas 77713 Office: (409) 838-6322 Fax: (409) 838-6122 Email: rpis5163@aol.com Web: www.access-surveyors.com File No. 2019332 M&B /IV\ Commercial • Residential • Industrial Surveyors, Firm No. 10136400 THENCE along and with the Southerly line of said 2.80 acres, the following bearings and distances: BEARINGS: DISTANCES: North 75"19'40" East (N 79°03'50" W) 59.90 feet (55.00') South 86°29'26" East (S 82°45'16" E) 332.00 feet (332.00') North 87"52'07" East (N 88°23'43" E) 608.00 feet (608.00') THENCE South 76027'30" East (S 72°34'49" E) continuing along and with the Southerly line of said 2.80 acres for a distance of 502.55 feet to a point for corner in the Southerly line of said 38.34 acres and the Northerly line of said 65.3708 acres; THENCE North 62°17'29" East (N 62°18'35" E) along and with the Southerly line of said 38.34 acres and the Northerly line of said 65.3708 acres for a distance of 250.08 feet to a Y2." rod found in concrete for the Southeasterly corner of said 38.34 acres, a Northeasterly corner of said 65.3708 acres and in the Westerly line of a LNVA canal; THENCE South 52°30'58" East along and with a Northeasterly line of said 65.3708 and the Westerly line of said LNVA canal for a distance of 340.31 feet to a %:" rod found In concrete, being a Northerly corner of said 6.554 acres; THENCE South 52026'17" East (S 49°07'52" E) along and with the Easterly line of said 6.554 acres and the Westerly line of said LNVA canal for a distance of 2,975.60 feet (2,975.36') to a point for corner being a Southeasterly corner of said 6.554 acres; THENCE South 36°57'02" West (S 40°15'32" W) along and with the Southerly line of said 6.554 acres, passing a concrete monument for the Southwesterly corner of said 6.554 acres, the Southeasterly corner of said 40.496 acres and the Northeasterly corner of a called 58.23 acre tract of land recorded in County Clerk File 105-21-0993, Real Property Records Jefferson County, Texas, and continuing along the Southerly line of said 40.496 acres and the Northerly line of said 58.23 acres for a total distance of 1,377.71 feet to a 2" pipe found for the Southwesterly corner of said 40.496 acres, the Northwesterly corner of said 58.23 acres and being in the Easterly line of said 72.09 acres; THENCE South 27050'27" East (S 24°23'19" E) along and with the Easterly line of said 72.09 acres and the Westerly line of said 58.23 acres for a distance of 89.47 feet to an iron rod found in concrete for the Southeasterly corner of said 72.09 acres and the Northeasterly corner of said 28.63 acres; THENCE South 62°20'14" West (S 65°37'00" W) along and with the Southerly line of said 72.09 acres and the Northerly line of said 28.63 acres for a distance of 1,662.05 feet (1,661.30') to the POINT AND PLACE OF BEGINNING, containing 200.01 acres of land, more or less. Page 2 of 2 11025 Old Voth Road, Beaumont, Texas 77713 Office: (409) 838-6322 Fax: (409) 838-6122 Email: rpis5163@aol.com Web: www.access-surveyors.com File No. 2019332 M&B ..... ..... p. AQ X A Qr, C t t W -g QYRJ, vin 1�� A." R ITIM 2 -if - _'N g"n .7; -v X, J 'o, V, -fl, It ililpl, W. -A it '4! 'r'. 5. 1p .-;v -q-V Avz v Kp VZIVKR� i IN k". A ....... ... 14- 47, Skr. M PK OV RN4101 T, . . . . . . . . . . . . . . . . . . . ...... . . . . . . -100, W_ Fit, Z- W NM j F mg� �.. M F 118-36 aq-DevelOPrnent �'LY Urnits and V/ ze Current Parcels CCIV :far �i�347wt. Sis JAMES KERR DEVELOPMENT US 69 / HWY 287 wgr[Cr tN�� ouna t LUIS 69 �y WEST PORT ARTHUR ROAD I� VICINITY MAP ansa find o 1.0 20 4.0 �r67tim.�� 1 1 174rm SCALE (MILES) P�01w (4a9%A�44L0 (/ RESOLUTION NO. WHEREAS, Kerr Tractor Southwest, Ltd. submitted a request for public water and sewer serviced to their approximately 118.36 acre tract of land off of Highway 69; and, WHEREAS, the City of Beaumont Water Utilities Department determined the City has limited capacity to supply services to the proposed project and suggested Jefferson County Water Control and Improvement District No. 10 provide the services; and, WHEREAS, Kerr Tractor Southwest, Ltd. has submitted and the City of Beaumont. has received a Petition for Consent to Include Additional Land in Jefferson County Waste Control and Improvement District No. 10 covering approximately 118.36 acres of land in Jefferson County, Texas; and, WHEREAS, the 118.36 acre tract of land is located outside of the city limits of Beaumont, but within the Extraterritorial Jurisdiction (ETJ) and Certificate of Convenience and Necessity (CCN) area of the City; and, WHEREAS, the City of Beaumont has no objection to releasing the approximately 118.36 acre tract of land from the CCN area; and, WHEREAS, at this time, the City hereby consents to the 118.36 acre tract of land that will be served by Jefferson County Water Control and Improvement District No. 10; and, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT the City Council hereby approves a Petition for Consent to Include Additional Land in Jefferson County Water Control and Improvement District No. 10 for Kerr Tractor Southwest, Ltd. for an approximately 118.36 acre tract of land in Jefferson County, 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 29th day of October, 2019. - Mayor Becky Ames - BEAUMONT TEXAS REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS OCTOBER 29, 2019 1:30 PM AGENDA * Invocation Pledge Roll Call * Presentations and Recognitions — Request from the Art Museum of Southeast Texas * Public Comment: Persons may speak on scheduled agenda item No. 7/Consent Agenda * Consent Agenda GENERAL BUSINESS 1. Consider a request for a Rezoning of the rear portion of a commercial property from RS (Residential Single -Family Dwelling) District to GC -MD -2 (General Commercial -Multiple Family Dwelling -2) District located at 7380 Bythewood Road 2. Consider a request for a Specific Use Permit to allow three RV's to be parked temporarily, for disaster relief, in an R -MH (Residential Multiple Family Dwelling -Highest Density) District located at 2350 North Major Drive 3. Consider a request for an Amended Specific Use Permit to allow the expansion of a bar in a GC -MD (General Commercial -Multiple Family Dwelling) District located at 6210 Phelan Boulevard 4. Consider a request for a Specific Use Permit to allow a sports bar in a GC -MD (General Commercial — Multiple Family Dwelling) District located at 3430 Concord 5. Consider a request to abandon approximately 775 feet of the north end of Old Voth Road 6. Consider a request to abandon an approximately 50' x 310' portion of Evalon Avenue 7. Consider an ordinance granting a solid waste franchise to Superior Waste Solutions, LLC 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: Joseph Thomas Rye vs. The City of Beaumont; Cause No. D-203,501 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. 11 October 29, 2019 Consider a request for a Rezoning of the rear portion of a commercial property from RS (Residential Single-Fdmily Dwelling) District to GC -MD -2 (General Commercial -Multiple Family Dwelling -2) District located at 7380 Bythewood Road BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, CityManager �l5 PREPARED BY: Chris Boone, Planning & Community Development Director MEETING DATE: October 29, 2019 REQUESTED ACTION: Council consider a request for a Rezoning of the rear portion of a commercial property from RS (Residential Single -Family Dwelling) to GC -MD -2 (General Commercial -Multiple Family Dwelling -2) District located at 7380 Bythewood Road. BACKGROUND Richard Faust of Faust Engineering and Surveying is requesting a Rezoning for the rear of the property located at 7380 Bythewood Road. Quail Land Company has purchased this tract of land as well as the tract to the north, which is zoned GC -MD (General Commercial - Multiple Family Dwelling). Plans are to develop the property as a unit and therefore needs to be zoned consistently. The Development Strategies diagram of the Comprehensive Plan designates this property to be within a neighborhood growth unit area. Effective planning strategies typically encourage commercial uses at major intersections and high density housing along major arterial streets. Our City's Major Street and Highway Plan displays that Tram Road is a Secondary Arterial and Bythewood Road is a local street. Within the past fifteen (15) years, three (3) new houses have been constructed along Bythewood Road. Rezoning this property for commercial use could encroach into a viable residential neighborhood. At a Joint Public Hearing held on October 21, 2019, the Planning Commission recommended 4:1 to deny the request for a Rezoning of the rear portion of a commercial property from RS (Residential Single -Family Dwelling) to GC -MD -2 (General Commercial -Multiple Family Dwelling -2) District. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the ordinance. APPLICATION FOR AMENDMENT OF THE ZONING ORDINANCE BEAUMONT, TEXAS (Chapter 28, City Codes) TO: THE PLANNING COMMISSION AND CITY COUNCIL, CITY OF BEAUMONT, TEXAS APPLICANT'S NAME AND ADDRESS: Richard Faust-FaUST Engineering and Surveying, Inc. 5550 Eastex Freeway, Suite O, Beaumont, Texas 77708 APPLICANT'S PHONE #: 409.813.3410 NAME OF OWNER: Quail Land Company LLC ADDRESS OF OWNER: 2535 US 69, Lumberton, TX 77657 FAX #: 409.813.3484 LOCATION OF PROPERTY: 7380 Bythewood Road near the Intersection of Bythewood Road and Tram Road LEGAL DESCRIPTION OF PROPERTY: LOT NO. BLOCK NO. ADDITION NUMBER OF ACRES OR TRACT PID 128331 PLAT PL RS4 TR 179 OUT OF TR 77 SURVEY ABST 17 W B DYCHES NUMBER OF ACRES «4-963, Z • 14b OC For properties not in a recorded subdivision, submit a copy of a current survey or plat showing the properties proposed to be changed, and a complete legal field note description. CURRENT ZONING DISTRICT: SINGLE FAMIILY DWELLIING (RS) ZONING DISTRICT REQUESTED: GENERAL COMMERCIAL- MEDIUM DENSITY DWELLING 2 (GM -MD -2) HAS THE REQUEST BEEN MADE BEFORE? NO IF SO, DATE: ACTION: SUBAUT A LETTER STATING REASONS FOR REQUEST. ATTACH THE APPROPRIATE APPLICATION FEE: LESS THAN 1/2 ACRE...........................................................$250.00 1/2 ACRE OR MORE AND LESS THAN 5 ACRES.............$450.00 5 ACRES OR MORE...............................................................$650.00 I HEREBY ACKNOWLEDGE THAT THE APPLICATION IS MADE FOR THE REQUESTED DISTRICT OR A MORE RESTRICTIVE DISTRICT. r SIGNATURE OF APPLICANT: P2DATE: 01 SIGNATURE OF OWNER: C (fA-- PLEASETYPE OR PRINT AND SUBMIT TO: PLANNING DIVISION, ROOM 201 CITY HALL, 801 MAIN STREET BEAUMONT, TX 77701 FILE NUMBER: 2 gY-zL P.O. BOX 3827 77704 DATE RECEIVED: Q- �l (409) 880-3764 RECEIPT NUMBER: FAX (409) 880-3133 FAUST Engineering and Surveying, Inc. Professional Engineers and Professional Surveyors Telephone (409) 813-3410 E-MAIL ADDRESS INFO@FAUSTENG.COM Fax (409) 813-3484 SSSO Eastex Freeway Beaumont, Texas 77708 Surveying Firm Registration No. 100024-00 Engineering Firm Registration No. 4800 August 17, 2019 City of Beaumont Planning and Zoning Commission 801 Main Street Beaumont, Texas 77701 To Whom It May Concern: Re: Zoning Change Request —1.963 Acre Tract Near the Intersection of ' Bythewood Road and Tram Road, Beaumont Attached is an Application for Amendment of the Zoning Ordinance, Beaumont, Texas, for the above -referenced property, along with our check in the amount of $450.00 for the application fee. The property is presently zoned Residential Single Family Dwelling (R -S) and the applicant is requesting a change to General Commercial -Medium Density 2 (GC -MD -2). The property is located near the intersection of Bythewood Road and Tram Road. -The property to the south was platted into the Bythewood Subdivision and the Parnell Subdivision and these lots are zoned Residential Single Family Dwelling (R -S). The applicant owns the adjacent 3.090 acre tract to the north and this tract is zoned General Commercial -Medium Density (GC -MD). The LNVA canal is to the west and the adjacent property to the east is zoned both Residential Single Family Dwelling (R -S) and General Commercial-Medium'Density (GC -MD): The Jefferson County Appraisal District has the tract identified as a 2.14 acre tract; however, the most recent survey prepared in 2019 by FAUST Engineering and Surveying, Inc., identifies the tract as a 1.963 acre tract (legal description is attached). The property is within an established neighborhood with minimal growth. The property is adjacent to Tram Road close to the Eastex Freeway and has desirable commercial value. Other businesses including convenience stores, resale shops, retail stores, and an open air flea market, are in this area. There is a series of metal buildings at the Eastex Freeway and the Tram Road intersection housing businesses, including a fitness gym, retail stores, building supply companies, and contractor offices. The granting of this zoning change will not affect the character of the area. Projects in this area will be required to meet the City of Beaumont landscaping ordinance and neighborhood requirements, including landscaping buffers, lighting, building heights, and other zone specific issues. As required by the Zoning Ordinance, any proposed use will require the approval of a 190379 zoning change request Zoning Change Request 1.963 acre tract near the intersection of Bythewood Road and Tram Road Specific Use Permit. Approval of this zoning change request will allow the owner to have consistent zoning on his property. If you have any questions or if I may be of further assistance, I may be reached by telephone at 409-813-3410. For The Firm, C6-4� ORLSOL— : P 'O 1 Richard F. Faust, P.E. �,t= Faust Engineering and Surveying, Inc. RICHARD F. I yk-ok 58169 PAGE 2 ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING CHAPTER 28 OF THE CODE OF ORDINANCES OF BEAUMONT, TEXAS, AND IN PARTICULAR THE BOUNDARIES OF THE ZONING DISTRICTS, AS INDICATED UPON THE ZONING MAP OF BEAUMONT, TEXAS, BY CHANGING THE ZONING OF PROPERTY PRESENTLY ZONED RS (RESIDENTIAL SINGLE FAMILY DWELLING) DISTRICT TO GC -MD -2 (GENERAL COMMERCIAL -MULTIPLE FAMILY DWELLING - 2) DISTRICT FOR THE REAR PORTION OF THE PROPERTY LOCATED AT 7380 BYTHEWOOD ROAD, BEAUMONT, JEFFERSON COUNTY, TEXAS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That Chapter 28 of the Code of Ordinances of Beaumont, Texas, and in particular the boundaries of the zoning districts, as indicated upon the Zoning Map of the City of Beaumont, referred to in Section 28.01.005(b) thereof, is hereby amended by changing the zoning of property presently zoned RS (Residential Single Family Dwelling) District to GC -MD -2 (General Commercial -Multiple Family Dwelling -2) District for the rear portion of the property located at 7380 Bythewood Road, being Plat RS -4, Tract 179 out of Tract 77, W.B. Dyches Survey, Abstract 17, Beaumont, Jefferson County, Texas, containing 1.97 acres, more or less, as shown on Exhibit "A," attached hereto, and the official zoning map of the City of Beaumont is hereby amended to reflect such changes. Section 2. That, in all other respects, the use of the property herein above described shall be subject to all of the applicable regulations of the underlying zoning district as well as those regulations contained in Chapter 28 of the Code of Ordinances of Beaumont, Texas, as amended. Section 3. That if any section, subsection, sentence, clause of phrase of this ordinance, or the application of same to a particular set of persons or circumstances, should for any reason be held to be invalid, such invalidity shall not affect the remaining portions of this ordinance, and to such end, the various portions and provisions of this ordinance are declared to be severable. Section 4. That all ordinances or, parts of ordinances in conflict herewith are repealed to the extent of the conflict only. Section 5. That any person who violates any provision of this ordinance shall, upon conviction, be punished, as provided in Section 1.01.009 of the Code of Ordinances of Beaumont, Texas. The meeting at which this ordinance was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 29th day of October, 2019. - Mayor Becky Ames - 2398-Z: Request for a Rezoning of the rear portion of a commercial property from RS (Residential Single -Family Dwelling) to GC-MD-2 (General Commercial - Multiple Family Dwelling-2) District. Applicant: Richard Faust -Faust Engineering and Surveying, Inc. Location: 7380 Bythewood Road, rear 0 100 200 300 400 1 1 1 1 1 1 Feet N EXHIBIT "A" 2 October 29, 2019 Consider a request for a Specific Use Permit to allow three RV's to be parked temporarily, for disaster relief, in an R -MH (Residential Multiple Family Dwelling -Highest Density) District located at 2350 North Major Drive BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Chris Boone, Planning & Community Development Director MEETING DATE: October 29, 2019 REQUESTED ACTION: Council consider a request for a Specific Use Permit to allow three RV's to be parked temporarily, for disaster relief, in an R -MH (Residential Multiple Family Dwelling -Highest Density) District located at 2350 North Major Drive. BACKGROUND The Central Beaumont Congregation of Jehovah's Witnesses has applied for a Specific Use Permit to allow for temporary parking and hookup of recreational vehicles (RV's) in an RM -H (Residential Multiple Family -High Density) District. The Jehovah's Witnesses Disaster Relief is a temporary relief effort working under the direction of the Texas Disaster Relief Committee of Jehovah's Witness. This group has determined that there is an immediate need for assistance for church members in repairing their homes after Tropical Storm Imelda. The applicant states that the RV's will be used for housing only and will be placed at the center of the property, behind the existing church, on paved property that will not impede vehicular traffic. Three RV's will be located on the property for four (4) months. The church made a similar request in 2009, which was denied, then received a Specific Use Permit in January of last year, due to Hurricane Harvey. The same conditions are being suggested for this request. Landscaping was discussed as the original Specific Use Permit granted to the church required the church to maintain the existing 30' buffer or install screening with the reduced 10' buffer. Three RV hookups exist at the property, but the electrical is being upgraded from 30 amp. to 50 amp breakers. At a Joint Public Hearing held on October 21, 2019, the Planning Commission recommended 5:0 to approve the request for a Specific Use Permit to allow three RV's to be parked temporarily, for disaster relief, in a RM -H (Residential Multiple Family Dwelling -Highest Density) District zoning located at 2350 North Major Drive with the following conditions: 1. The temporary parking and hookup of recreational vehicles shall not extend beyond February of 2020. 2. No storage of building materials. 3. All food trailers and storage subject to approval of the Health Department. 4. All fuel tanks subject to approval of Fire Marshal. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the ordinance with the following conditions: 1. The temporary parking and hookup of recreational vehicles shall not extend beyond February of 2020. 2. No storage of building materials. 3. All food trailers and storage subject to approval of the Health Department. 4. All fuel tanks subject to approval of Fire Marshal. SPECIFIC USE PERMIT APPLICATION BEAUMONT, TEXAS (Chapter 28, City Codes) TO: THE PLANNING COMMISSION AND CITY COUNCIL, CITY OF BEAUMONT, TEXAS APPLICANTS NAME:Central Beaumont Congregation of Jehovah's Witnesses APPLICANT'S ADDRESS: 2350 N. Major Dr Beaumont, TX 77713 APPLICANTS PIJONE #:337-396-1907 FAX NAME OF PROPERTY OWNER: Central Beaumont Congregation of Jehovah's Witnesses ADDRESS OF PROPERTY OWNER: 2350 N. Major Dr Beaumont, TX 77713 LOCATION OF PROPERTY: (30.1032971, -94.1897288 LEGAL DESCRIPTION OF PROPERTY: LOT NO.2 OR BLOCK NO ADDITION French Homestead sbdv. NUMBER OF ACRES 2.5 TRACT PLAT. SURVEY A Williams 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. PROPOSEDUSE:3 Temp RV hook-ups for Disaster Relief ZONE:GCMD 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 %2" X 11" PHOTOCOPY OF THE SITE PLAN. THE EIGHT CONDITIONS listed on the back side of this sheet must be met before City Council can grant a specific use permit. PLEASE ADDRESS EACH CONDITION IN DETAIL. ATTACH THE APPROPRIATE APPLICATION FEE: LESS THAN/2 ACRE.................................................................$250.00 '/2 ACRE OR MORE AND LESS THAN 5 ACRES...................$450.00 5 ACRES OR MORE...................................................................$650.00 I, being the undersigned applicant, understand th site plan shall be adhered to as amend and app SIGNATURE OF APPLICANT: SIGNATURE OF PROPERTY OWNER: —./ PLEASE TYPE OR PRINT AND SUBMIT TO: FILE NUMBER: 0 OG -17 of the conditions, dimensions, building sizes, landscaping and parking areas depicted on the by City CourAl. CITY OF BEAUMONT PLANNING DIVISION 801 MAIN STREET, ROOM 201 BEAUMONT, TX 77701 Phone - (409) 880-3764 Fax - (409) 880-3110 9/29/2019 9/29/2019 PLEASE MAKE NOTE ON REVERSE SIDE OF CONDITIONS TO BE MET REGARDING THE SITE PLAN AND LETTER OF PROPOSED USES AND ACTIVITIES. 9/30/2019 Mail - Adina Josey - Outlook Adina Josey, CFM Senior Planner) Floodplain Administrator Telephone: 409-880-3764 Email: Adina.Josey@beaumonttexas.gov <Outlook-1497295763.png> "The information contained in this transmission may contain privileged and confidential information. It is intended only for the use of the person(s) named above. If you are not the intended recipient, you are hereby notified that any review, dissemination, distribution or duplication of this communication is strictly prohibited." From: Justin Pollock <pollstin@att.net> Sent: Monday, September 30, 2019 1:46 PM To: Adina Josey <Adina.Josey@ Bea umontTexas.gov> Subject: "EXTERNAL" 2350 N. Major Dr. Specific Use Permit Application Ms. Josey, Attached is our application for using 3 RV's on our property for temporary living for Disaster reilief volunteers for the next couple of months while they oversee the recovery work from Imelda. We currently need to change 3 30amp receptacles to accommodate the 3 50amp trailers that have been donated for these couples to Live in. If there is anything else that we need to do to move this forward please feel free to contact me at anytime. Thank you for your considerations, This is an external e-mail and not from the City of Beaumont. Please validate this e-mail before responding to or Opening/Clicking on any request from this external source. If you suspect this is a malicious e-mail - i.e. Phishing/Spoofing - forward it to IT.ExternalAlerts@BeaumontTexas.gov and delete it from your e-mail list. <image0.png> Justin Pollock (337)396-1907 Sent from iPollstin https://outlook.office.com/maiIf nbold/AAMkADAzODk2Yz[kLTG4ZjQtNGQ5NyO5NjdmLTA4NmJIMjBjNTAwNABGAAAAAADLNNapnQn%2BTozPZzLz... 2/2 9/30/2019 Mail - Adina Josey - Outlook Re: **EXTERNAL** 2350 N. Major Dr. Specific Use Permit Application Justin Pollock <pollstin@att.net> Mon 9/30/2019 3:41 PM To: Adina Josey <AdinaJosey@BeaumontTexas.gov> Ms Josey, Here are our responses to the Section 30-26.E 8 Condition requirements. 1. Our use will not effect negatively the use, value, and enjoyment of the neighborhood. 2. Our use will not impede development and improvement of surrounding area. 3. Adequate utilities, drainage and the like will be provided. 4. Parking and driveways will not be impeded. 5. Our use will not produce offensive odors, fumes, dust, noise, or viabration 6. No additional lighting will be added that would disturb neighboring properties. 7. Harmony with landscaping will be cared for. 8. The proposed use is in accordance with the Comprehensive Plan. We also, we provide a letter stating that we have been given permission to move forward with the electrical upgrade permit application, and if the specific use is denied, all approved electrical work will have to be removed. Thank you for your quick response, we will be in touch regarding the electrical matters soon. Justin Pollock (337)396-1907 Sent from iPollstin On Sep 30, 2019, at 2:19 PM, Adina Josey <Adina.Josey@beaumonttexas.gov> wrote: Good afternoon Mr. Pollock, The second page of the application lists 8 conditions that must be addressed. Please address each of the conditions. If you can get that to me by 5 pm, we can have the item placed on the October agenda. After submitting the eight conditions, you may send in an electrician to pull the permits to upgrade the electrical. Please send a letter demonstrating where you understand that if for any reason the application is denied, you will need to . remove all of the upgrades/alterations made. We will not be able to issue the permit unless the electrician submits the letter along with the permit request or we receive it prior to his application. Regards, https://outlook.office.com/mailAnbox/idlAAMkADAzODk2Yz]kLTG4ZjQtN GQ5NyO5NjdmLTA4NmJIMjBjNTAwNABGAAAAAADLNNapnQn%2BTozPZzLz... 1/2 BEAUMONT CENTRAL CONGREGATION OF JEHOVAH'S WITNESSES 337-396-1907 September 30, 2019 pollstin@att.net Adina R. Josey, CFM PO Box 3827 801 Main St. Suite 201 Beaumont, TX 77701 Dear Ms. Josey, We would like to submit a request to change out (3) 30amp RV receptacles that were permitted for use during Harvey Disaster Relief to (3) 50amp RV receptacles. These will be used to house 3 couples for the duration of our assisting with relief work over the next couple of months. (3) 50amp breakers will be replacing the 30amp breakers there now. (3) 50amp Receptacles will replace the current 30amp receptacles, along with the wiring needed. Thank you, Justin Pollock ORDINANCE NO. ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW THREE (3) RECREATIONAL VEHICLES TO BE PARKED TEMPORARILY FOR DISASTER RELIEF IN AN RM -H (RESIDENTIAL MULTIPLE FAMILY DWELLING -HIGHEST DENSITY) DISTRICT AT 2350 NORTH MAJOR DRIVE IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS, Central Beaumont Congregation of Jehovah's Witnesses has applied for a specific use permit to allow three (3) recreational vehicles to be parked temporarily for disaster relief in an RM -H (Residential Multiple Family Dwelling -Highest Density) District at 2350 North Major Drive, being Plat SP -1, Tract 82-D, H. Williams League. Survey, Abstract 56, Beaumont, Jefferson County, Texas, containing 2.643 acres, more or less, as shown on Exhibit 'A" attached hereto; and, WHEREAS, the Planning and Zoning Qommission of the City of Beaumont considered the request and is recommending approval of a specific use permit to allow three (3) recreational vehicles to be parked temporarily for disaster relief in an RM -H (Residential Multiple Family Dwelling -Highest Density) District at 2350 North Major Drive, subject to the following conditions: ;and, • The temporary parking and hookup of recreational vehicles shall not extend beyond February of 2020; • No storage of building materials; • All food trailers and storage subject to approval of the Health Department; • All fuel tanks subject to approval of Fire Marshal WHEREAS, the City Council is of the opinion that the issuance of such specific use permit to allow three (3) recreational vehicles to be parked temporarily for disaster relief 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 three (3) recreational vehicles -to be parked temporarily for disaster relief in an RM -H (Residential Multiple Family Dwelling -Highest Density) District at 2350 North Major Drive, being Plat SP -1, Tract 82-D, H. Williams League Survey, Abstract 56, Beaumont, Jefferson County, Texas, containing 2.643 acres, more or less, as shown on Exhibit "A" is hereby granted to Central Beaumont Congregation of Jehovah's Witnesses, its legal representatives, successors and assigns, as shown on Exhibit "B," attached hereto and made a part hereof for all purposes, subject to the following conditions: • The temporary parking and hookup of recreational vehicles shall not extend beyond February of 2020; • No storage of building materials; • All food trailers and storage subject to approval of the Health Department; • All fuel tanks subject to approval of Fire Marshal. Section 2. That the specific use permit herein granted is expressly issued for and in accordance with each particular and detail of the site plan attached hereto as Exhibit "B" and made a part hereof for all purposes. Section 3. Notwithstanding the site plan attached hereto, the use of the property herein above described shall be in all other respects subject to all of the applicable regulations contained in Chapter 28 of the Code of Ordinances of Beaumont, Texas, as amended, as well as comply with any and all federal, state and local statutes, regulations or ordinances which may apply: The meeting at which this ordinance was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 29th day of October, 2019. - Mayor Becky Ames - PIK, .1 -.7 11 4`•-,1T: S1. Et., 15 PLO - J -n _M71 it TR v -F ,.I AO ."A L37. -f! Ve.- k Vu 9 .5. 4 wl� q. 2 CT" xi - t &A iw 4Y-. Tr, Og 1 �F ,M.,? 67,�O-, 'P, —s q "OnH1, 'I- el L4 ti 42� , tj og ta :d+• •v;. V WIN M.5, fW - Wsl-j M" tt j - ity. N&F ®r" let' I.NN, AfF Ff amq 4 M Af V R 4- TPi." �Q at ■cu, ■ UNDEVELOPED ACREAGE 4 PARKING PARWNG UNDEVELOPED ACREAGE UNDEVELOPED ACREAGE PARKING PARKING 2350 N. MAJOR DR. PARKING UNDEVELOPED ACREAGE 111 Pot)e o 12W W 0 U 4 W 3 A! m S W SCALE:128"=1'0" 3 October 29, 2019 Consider a request for an Amended Specific Use Permit to allow the expansion of a bar in a GC - MD (General Commercial -Multiple Family Dwelling) District located at 6210 Phelan Boulevard BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Chris Boone, Planning & Community Development Director MEETING DATE: October 29, 2019 REQUESTED ACTION: Consider a request for an Amended Specific Use Permit to allow the expansion of a bar in a GC -MD (General Commercial -Multiple Family Dwelling) District located at 6210 Phelan Boulevard. BACKGROUND L.W. Beaumont, LLC received a Specific Use Permit to allow a sports bar at 6210 Phelan Boulevard in October 2018. Since opening, they have found they need additional bathrooms to service the outside service area. Little Woodrow's is located at the southeast most tip of the Colonnade Shopping Center. As a requirement for the original Specific Use Permit, screening and a masonry wall were installed. The new addition will be approximately 1,500 square feet and include new cooler/storage space and additional restrooms. This addition will be located along the east side of the building providing an additional buffer from noise for the adjacent residential neighborhood. It should be noted that concerns have been raised by other tenants about the availability of adequate parking. A parking analysis was conducted as part of this revised Specific Use Permit. It found that while demand for the parking spaces at the interior of the shopping center is high, the minimum of spaces has been provided at the shopping center, albeit some spaces are located farther afield at the perimeter of the shopping center. At a Joint Public Hearing held on October 21, 2019, the Planning Commission recommended 5:0 to approve the request for a Specific Use Permit to allow the expansion of a bar in a GC -MD (General Commercial -Multiple Family Dwelling) District with the following conditions. 1. Install an eight foot (8') tall opaque perimeter fence. 2. Keep litter in direct area of subject property contained. 3. No live music allowed. The Zoning Ordinance states, "The City Council shall not amend, supplement, change, modify or repeal any regulation, restriction or boundary or approve a Specific Use Permit where a protest against such change (has been filed), signed by the owners of twenty percent (2001o) or more either of the area of the lots included in such proposed change or of the lots or land immediately adjoining the same and extending two hundred (200) feet therefrom, except by the favorable vote of three-fourths (3/4) of all the members of the City Council. " Protest against this request was received from more than 25% of the land immediately adjoining the subject property. Therefore a vote of three-fourths (3/4) of the City Council shall be required to approve the requested Specific Use Pen -nit. FUNDING SOURCE Not applicable. RECOMMENDATIONS Approval of the request with the following conditions: 1. Install an eight foot (8') tall opaque fence. 2. Keep litter in direct area of subject property contained. 3. No live music allowed. SPECIFIC USE PER-Wr .APPLI[C.A TION , REAUMONTTEXAS (Chapter 30, City Codes) TO: THE PLANNING COMMISSION AND CITY COUNCIL, CITY OF BEAUMONT, TEXAS APPLICANT'S NANM.- LW APPLICANTS ADDRESS:. .31 I ,,>TAC -[c ��2 L70 c7 APPLICANT'S PHONE #: 1 —%4 -7 966 G FAx713 -7 24 f 4 7 NAME OF OWNER: 19a- v,5 Co l o A n O e. 14-,0. ADDRESS OF OWNER, 2170% 5 . LA �-rt�c r S;✓IJx- 200 /�'S n_ f (� -7 770 4e LOCATION OF PROPERTY: � 2-10 LEGAL DESCRIPTION OF PROPERTY:: LOT N0:_ L L41 L OR BLOCK NO. �- `v _0 6 TRACT!--. PLAT ADDITION. SURVEY. NUMBER OF ACRES v ��3 NUMBER OF ACRES For properties not in a recorded subdivision, submit a copy of a ciirrent survey or plat showing the properties proposed for a specific use pe�rmit, and a complete legal field note description. A ✓Ni 0;0 -,4--4 d" o PROPOSED USE: �4 - 00 � ca uJ'S ZONE: ATTACH A LETTER describing all processes and activities involved with the proposed uses. ATTACH A SITE PLAN drawn to scale with the information listed'on the top back side of this sheet. ATTACH A REDUCED 8 Y" X 11" PHOTOCOPY OF THE SITE PLAN. THE EIGHT CONDITIONS listed on the back side of this sheet.must be met before City Council can grant a specific use permit. PLEASE ADDRESS EACH CONDITION IN DETAIL, ATTACH THE APPROPRIATE APPLICATION FEE: LESS THAN''/2 ACRE.................................................................$250.00 • % ACRE OR MORE AND LESS THAN 5 ACRES...................$450.00 5 ACRES OR MORE...................................................................$650.00 I, W48 -the ivader§iglied app]i64 undei standthat all ofthe conditions, dimensions, building sizes, landscaping and parking rias depicted ori the stta plan sliail tie adiieredatnended and approved by City Council, SIGNATURE OF APPLICANI. SIGNATURE OF OWNER::. (IF NOT APPLICANT) DATE: PLEASE TYPE OR PRINT AND SUBMIT TO; CITY OF BEAUMONT PLAN WG DA TISION 2� 1� 801 MAIN STREET, ROOM 201 FILE NUMBER2.7 1� i BEAUMONT, TX 77701 : _ _ DATE RECEIVED: 1" LJ` IC? Phone - (409) 880-3764 Fax - (409) 880-3133 #*#######9t#+k8###gtS*#d#k#####k##=k#############$###7#######*#####M######$x##########yxk#############t#4#h#*### PLEASE MAKE NOTE ON REVERSE SIDE OF CONDITIONS TO BE MET REGARDING THE SITE PLAN AND LETTER OF PROPOSED USES AND ACTIVITIES. Little Woodrow's drinks Paired tial has deli a 2 two Predominant service Year t�k record ord of suc comers - hen Points of distin n, Cas atmospher by focu n� on a maintains a broad Woodrow bas ng' of r g' casual atmospheren9 quality selectio Little Woodrot es staff and core tegy of offerin loyal costo s has built its r �Imr customers who v. rth superb fast hns df traditional fava decor conveys the fol! menu of O mersup� and u tion as a quvOrdery a valheriue the rustic land friendly she Conand consistent) �nc��s ranging fr s 2`I Years W sery ofr ;off hvertising ing Place with ekt�t tarniliarstaff, and r a�onabentlY, Little Wooding Its ro`v s epic "tit's service and pro th "prices. Little Dm Its a to food hock or onshe f�� to a full liquorjb�r s Years of ugh 24 Please look endors. port's bar With PetlO are at our tivebsite: littlety" odrotiss, as, offering food �— com for a list of all our locations September 4, 2019 To: The Planning Commission and City Council, City of Beaumont, Texas From: Robert Wilson, President LW Beaumont, LLC RE: Response to eight conditions required to be met before a Specific Use Permit can be issued In Response to Section 30-26. E the Zoning Ordinance requiring these eight conditions must be met before a Specific Use Permit can be issued please find below our answers for applicant LW Beaumont, LLC dba Little Woodrow's: 1. That the specific use will be compatible and not injurious to the use and enjoyment of other property, nor significantly diminish or impair property values within the immediate vicinity: Little Woodrow's is located in the Colonnade an established shopping center with other bar uses thus will be compatible to the Colonnade; 2. That the establishment of the specific use will not impede the normal and orderly development and improvement of surrounding vacant property: Little Woodrow"s is located in the Colonnade Shopping Center and such will not impede the normal and orderly development and improvement of surrounding vacant property., 3. That adequate utilities, access roads, drainage and other necessary supporting facilities have been or will be provided: Little Woodrow's is located in the Colonnade Shopping Center with all utilities, access roads, drainage and other supporting facilitates provided. 4. The design, location and arrangement of all driveways and parking spaces provides for the safe and convenient movement of vehicular and pedestrian traffic without adversely affecting the general public or adjacent development: Little Woodrow's is located on the easterly endcap of the Colonnade Shopping Center that provides for safe and convenient movement of vehicular and pedestrian traffic without adversely affecting the general public or adjacent development, 5. That adequate nuisance prevention measures have been or will be taken to prevent or control offensive odor, fumes, dust, noise and vibration: Little Woodrow's takes adequate measures to prevent or control offensive odor's, fumes, dust, noise and vibration; 6. That directional lighting will be provided so as not to disturb or adversely affect neighboring properties: Little Woodrow's has insured that it will install directional lighting in such a manner as to not disturb or adversely affect neighboring properties 7. That there are sufficient landscaping and screening to insure harmony and compatibility with adjacent property: The Colonnade perimeter fencing is 8' high as well as Little Woodrow's has screened a minimum of 6' high around any perimeter patio area and professionally landscape, as such there will be sufficient landscaping and screening to insure harmony and compatibility with adjacent property; S. That the proposed use is in accordance with the Comprehensive Plan: Little Woodrow's is an appropriate use for its planned location at 6210 Phelan Blvd., additionally it contributes to community by providing a safe and pleasant environment for the community to congregate. Little Woodrow's LLC, 3711 Briarpark, Ste. 30o, Houston, TX 77042 ORDINANCE NO. ENTITLED AN ORDINANCE ISSUING AN AMENDED SPECIFIC USE PERMIT TO ALLOW THE EXPANSION OF A BAR IN A GC -MD (GENERAL COMMERCIAL -MULTIPLE FAMILY DWELLING) DISTRICT FOR PROPERTY LOCATED AT 6210 PHELAN BOULEVARD IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS, on October 23, 2018, the City Council of the City of Beaumont, Texas adopted Ordinance No. 18-061 issuing a specific use permit to allow a sports bar in a GC -MD (General Commercial -Multiple Family Dwelling) District for property located at 6210 Phelan Boulevard; and, WHEREAS, L.W. Beaumont, L.L.C. wishes to amend the specific use permit to allow the expansion of a bar in a GC -MD (General Commercial -Multiple Family Dwelling) District for property located at 6210 Phelan Boulevard, being Lot 46, Tract 6, Block J, T.H. Langham Estates, Beaumont, Jefferson County, Texas, containing .736 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 to amend the specific use permit to also allow the expansion of a bar in a GC -MD (General Commercial -Multiple Family Dwelling) District for property located at 6210 Phelan Boulevard, subject to the following conditions: • Install an eight foot (8') tall opaque perimeter fence; • Keep litter in direct area of subject property contained; • No live music allowed and, WHEREAS, the City Council is of the opinion that the amendment of such specific use permit to allow the expansion of a bar 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 Ordinance No. 18-061 be amended by amending the specific use permit granted to L.W. Beaumont, L.L.C. to also allow the expansion of a bar in 'a GC -MD (General Commercial -Multiple Family Dwelling) District at 6210 Phelan Boulevard, being Lot 46, Tract 6, Block J, T.H. Langham Estates, Beaumont, Jefferson County, Texas, containing .736 acres, more,or less, as shown on Exhibit "A," is hereby granted to L. W. Beaumont, L.L.C., its legal representatives, successors and assigns, as shown on Exhibit "B," attached hereto and made a part hereof for all purposes, subject to the following conditions: • Install an eight foot (8') tall opaque perimeter fence; • Keep litter in direct area of subject property contained; • No live music allowed. Section 2. That the amended specific use permit herein granted is expressly issued for and in accordance with each particular and detail of the site plan attached hereto as Exhibit "B" and made a part hereof for all purposes. Section 3. Notwithstanding the site plan attached hereto, the use of the property herein above described shall be in all other respects subject to all of the applicable regulations contained in Chapter 28 of the Code of Ordinances of Beaumont, Texas, as amended, as well as comply with any and all federal, state and local statutes, regulations or ordinances which may apply. The meeting at which this ordinance was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 29th day of October, 2018. - Mayor Becky Ames - 2397-P: Request for an Amended Specific Use Permit to allow the expansion of a bar, Little Woodrow's, in a GC -MD (General Commercial - Multiple Family Dwelling) District. Applicant: L.W. Beaumont, L.L.C. Location: 6210 Phelan Boulevard 0 100 200 300 400 1 1 1 1 1 1 Feet N 0 EXHIBIT "A" pogo � I- ..,3..x•3. .,. [o+goo4oio,o,o,o*o,o,00,o 0,00.000000.00.000 i ,_+ � .,� p • : y� �1 I• - � o ,I • L0000000000000 C0000000000000� —. � - - -- - - r _ _ m �- ,, - _- -- 's • ,LTJ*J��I�!''�% �,m , _ -��_ • o, r '�' '�' 1111111 1111111 �� " �_ � ��' . 'I � �� ♦ - I III I I III I I III ��f1 t PI • .��. � f� ♦ . � I ago I� ' r,._a �-� us3 � LGi7t7iFs'■if'�'47ER� "•. actl.{`, _ _ _ _ �"•. � ♦ ♦ - � Ii5�J0�i9fEJ4iii ULM 0 0 0 -- 0 October 29, 2019 Consider a request for a Specific Use Permit to allow a sports bar in a GC -MD (General Commercial — Multiple Family Dwelling) District located at 3430 Concord BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Chris Boone, Planning & Community Development Director MEETING DATE: October 29, 2019 REQUESTED ACTION: Council consider a request for a Specific Use Permit to allow a sports bar in a GC -MD (General Commercial — Multiple Family Dwelling) District located at 3430 Concord. Amaray Mathew has applied for a Specific Use Permit to allow a sports bar at 3430 Concord. Mr. Mathew states that he envisions the space as an elegant adult lounge for sports and birthday parties. The lounge will be open from 8 p.m. - 2 a.m., seven days per week. The sports bar will occupy a space in a commercial strip which also houses a beauty school and retail. Security will be provided in the form of 3-4 bouncers. In 1997, City Council approved a specific use permit to allow an entertainment, recreational services and rental hall with the occasional sale of alcohol at this location. In 2011, a drinking place was approved, then in 2012 a bottle club was approved. Those businesses have since closed down and the space is now vacant. The immediate area facing the building along Concord and Steelton is developed commercially. At a Joint Public Hearing held on October 21, 2019, the Planning Commission recommended 5:0 to approve the request for a Specific Use Permit to allow a sports bar in a GC -MD (General Commercial — Multiple Family Dwelling) District located at 3430 Concord Road with the following conditions: 1. "No Loitering" signs shall be posted in the parking lot. 2. Proper security shall be provided. 3. The exterior of the property is to be maintained by proper containment of litter. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the ordinance with the following conditions: 1. "No Loitering" signs shall be posted in the parking lot. 2. Proper security shall be provided. 3. The exterior of the property is to be maintained by proper containment of litter. SPECIFIC USE PERMIT APPLICATION., ' U BEAUMONT, TEXAS_ (Chapter 30, City. Codes) C i �./ TO: THE PLANNING COMMISSION AND CITY COUNCIL, CITY OF BEAUMONT, TEXAS APPLICANT'S APPLICANT'S ADDRESS:�J� APPLICANT'S PHONE #: `rU `I' _. FAX #: LOCATION OF PROPERTY: 3q5o W bcAard kz'l LEGAL DESCRII/PTTION OF PROPERTY: LOT N0. TSP OR TRACT 57 . r BLOCK N0. PLAT ADDITION SURVEY_ A- A -NUMBER OF ACRES' :' NUMBER OF ACRES For properties not in a recorded subdivision, submit a copy of a current survey or plat showing the properties proposed for a specific use permit, and a complete legal field note description. PROPOSED USE: � (�b ZONE: C -1G" ry +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 V2" X 11" PHOTOCOPY OF THE SITE PLAN. All THE EIGHT CONDITIONS listed on the back side of this sheet must be met before City Council can grant a specific use permit. PLEASE ADDRESS EACH CONDITION IN DETAIL. ATTACH THE APPROPRIATE APPLICATION FEE: LESS THAN ''V2 ACRE.................................................................$250.00 IV2 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 ,ass amended and approved by City Council. i C� SIGNATURE OF APPLICANT: �t,pNtx1\kV'1.' DATE: r) ` ! SIGNATURE OF OWNER: ✓�� (IF NOT APPLICANI) DATE: — --' J V PLEASE TYPE OR PRINT AND SUBMIT TO: CITY OF BEAUMONT PLANNING DIVISION 801 MAIN STREET, ROOM 201 �� BEAUMONT, TX 77701 FILE NUMBE i DATE RECEIVED: s — 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. End -Zone Sports Lounge Mr. Arnaray Mathew End Zone Sports Lounge 3430 Concord Rd. Beaumont, Texas 77703 Overview The End -Zone will be a lounge where adults can come -and enjoy themselves. Customers will have flat screen televisions to watch different sports, game tables, and also music.The establishment will be enforcing security also Identification strongly.The hours of operation will be 8:00 pm until 2:00 am seven days a week. Goals 1. To have an elegant, safe and well respected establishment(s). 2. Expand throughout the city/state. 3. Help as many people as I can with jobs. 4. Give back to my community for the upbringing of our future. (the children) spedicati®ns This proposal is for the upcoming establishment named End -Zone Sports Lounge, I view this space as an elegant adult lounge for sports, birthday parties and just lots of fun. With the space being 4950 sq ft, I intend on maintaining high security monitoring. The owner of the colonnade Mr. Nate Tarver, has all of the state codes all meet and updated. There will also be 24/7 security monitoring, that will keep me on high alert at all times. The End -Zone has two facilities one for men and one for women that sits separately. The End -Zone Sports Lounge will provide adult beverages and adult entertainment. The space will have flat screen televisions, a comfortable amount of tables, chairs and bar stools. For more entertainment we will have music, hookahs and also game tables. The End -Zone will also provide it's own private security. (bouncers 3-4) Identification will be strongly enforced at the entrance also at the bar at all times. The End -Zone hours of operation will be between 8:00 pm until 2:00 am seven days a week. Within this colonnade there is one other business that operates business until 7:00 pm. The End -Zone will not be operating 1 business at the same time as that business at any time. On The exterior of the building along the walkway at the top there's many little lights. In the two southern corners of the parking lot the city has two light poles with lighting. The city of Beaumont also have lights along both sides of the building on streets, Steelton and Concord Rd. The End -Zone will have parking lot security mean while the business is operating. At no time inside or outside will there be any loitering accepted. The parking lot has two driveways, an entrance also an exit that will allow smooth maneuvering. A fire hydrant is located on both sides of the End -Zone which are on Steelton and Concord Rd. The End -Zone is in the mist of two fire stations which is within one mile. The End -Zone will have a unique, well mannered and uniformed staff for an awesome environment for adults. ZONING ORDINANCE QUESTIONS MY ANSWERS: 1. The End -Zone Sports Lounge hours of operation will be will not coincide with no other business hours that is in the colonnade, a local police officers will be paroling the End -Zone while operating. 2. End -Zone will have its own maintenance done daily/monthly to maintain an elegant look. 3. Water/Electricity-End-Zone has a city drainage at the curb on each side of the parking lot. On the corner of Steelton and Primrose also at the northeast side of Concord is a fire hydrant. On Concord less than a mile is a fire station. At the southern end of the parking lot sits a city light pole. The colonnade has lights that hangs along the top of the walkway. 4. All parking will be in the parking lot at all times with security from local police and a private parking lot security crew.The parking lot is located in the front of the End -Zone, it has individual parking spots. The entrance driveway is located closer to the building and the exit driveway sits 20 feet to the south of the entrance driveway. 5. To detect odors and fumes i will be using a security monitoring system. End -Zone sits in the middle of the colonnade and it will have music that will be set at a minimum to not cause vibration. 6. The End -Zone has lighting on the southern end of the parking lot, along the walkway of the colonnade and along both streets, Concord and Steelton. 7. The parking lot is well painted to make the parking spots visible, and at the end of the parking lot is a fence to seperate End -Zone from the other business. 8. Yes the End -Zone will strive to reach all of the standards that the city expects to be met. ORDINANCE NO. ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A SPORTS BAR IN A GC -MD (GENERAL COMMERCIAL -MULTIPLE FAMILY DWELLING) DISTRICT AT 3430 CONCORD ROAD IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS, Amaray Mathew has applied for a specific use permit to allow a sports bar in a GC -MD (General Commercial -Multiple Family Dwelling) District at 3430 Concord Road, being Plat D6, tract 37 out of 11, A. Williams Survey, Beaumont, Jefferson County, Texas, containing 2.125 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 sports bar in a GC -MD (General Commercial -Multiple Family Dwelling) District at 3430 Concord Road, subject to the following conditions: ;and, • "No Loitering" signs shall be posted in the parking lot; • Proper security shall be provided; • The exterior of the property is to be maintained by proper containment of litter WHEREAS, the City Council is of the opinion that the issuance of such specific use permit to allow a sports bar 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 sports bar in a GC -MD (General Commercial - Multiple Family Dwelling) District at 3430 Concord Road, being Plat D6, tract 37 out of 11, A. Williams Survey, Beaumont, Jefferson County, Texas, containing 2.125 acres, more or less, as shown on Exhibit "A" is hereby granted to Amaray Mathew, his legal representatives, successors and assigns, as shown on Exhibit "B," attached hereto and made a part hereof for all purposes, subject to the following conditions: • "No Loitering" signs shall be posted in the parking lot; • Proper security shall be provided; • The exterior of the property is to be maintained by proper containment of litter. Section 2. That the specific use permit herein granted is expressly issued for and in accordance with each particular and detail of the site plan attached hereto as Exhibit "B" and made a part hereof for all purposes. Section 3. Notwithstanding the site plan attached hereto, the use of the property herein above described shall be in all other respects subject to all of the applicable regulations contained in Chapter 28 of the Code of Ordinances of Beaumont, Texas, as amended, as well as comply with any and all federal, state and local statutes, regulations or ordinances which may apply. The meeting at which this ordinance was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 29th day of October, 2019. - Mayor Becky Ames - k vii ..:;f.•;- ' c,4 .I .... ' r• �' 'v3�,}•,,- ^L -=fir' 1 / •\ __ II..++ � ��'-tom _ �r 1',:�,�} • _. �� .:: - . �_l 7 _ ,. I ('Vi -'fh .t, K tq�r•: [- ;' rCA.'-•�;: - • o' _L<,.`- I';�_ �`� `"+,�5*ma. x,' -. j f r R 'k �r, �� (, ,,.,v.j:, ,,. 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D ,�,}P�t.c.__S ' S7y. �Sly+t` ' •'-'fit '. ' � r O , �.+� \ \ SDMOHS TIRE SHOP a . \ \ \ rn Ln \ ORlY AY M \ COE R AMKT PARKING N42'3529W 237.95' I �G11 .• \ \�D�Q DRIVEWAY O� 'Po ;r BARRICADED TOWER N85'54'57" WEE L AUTO k DETAn. SHOP 00 N CV N*) IM 5 October 29, 2019 Consider a request to abandon approximately 775 feet of the north end of Old Voth Road BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Chris Boone, Planning & Community Development Director MEETING DATE: October 29, 2019 REQUESTED ACTION: Council consider a request to abandon approximately 775 feet of the north end of Old Voth Road. BACKGROUND Mitch Brackin is requesting an abandonment of a portion of Old Voth Road, located north of the intersection of Old Voth and Best Roads. This portion of Old Voth Road is approximately 50' wide and terminates at Pine Island Bayou. The only other property owner along this portion of Old Voth Road is the LNVA (Lower Neches Valley Authority). The LNVA has signed the application in favor of the abandonment. According to Mr. Brackin, this portion of Old Voth is frequented by individuals seeking a hidden location for inappropriate behavior. A gated fence is planned to hopefully eliminate this problem. Both AT&T and City Water/Sewer have responded stating that they have facilities in this right-of-way, but that an easement would meet their access needs. At a Joint Public Hearing held on October 21, 2019, the Planning Commission recommended 5:0 to approve the request to abandon approximately 775 feet of the north end of Old Voth Road. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the ordinance. APPLICATION FOR RIGHT-OF-WAY OR UTILITY EASEMENT ABANDONMENT CITY OF BEAUMONT, TEXAS THIS IS AN APPLICATION TO ABANDON A: RIGHT-OF=WAY (ROW), UTILITY EASEMENT (UE) OR ABANDON A RIGHT-OF-WAY BUT RETAIN A UTILITY EASEMENT. NAME OF APPLICANT: MITCH BRACKIN PHONE: (409) 791-2784 FAX: (409) 838-6122 AUTHORITY OF APPLICANT. OWNER OF ABUTTING PROPERTY NAME OF OWNER: MITCH BRACKIN PHONE: (409) 791-2784 FAX: (409)'838-6322 ADDRESS: 11075 OLD VOTH ROAD BEAUMONT, TEXAS 77713 ALL OWNERS ABUTTING THE ROW OR UE MUST SIGN WRITTEN REQUEST. (PLEASE ATTACH PROPERTY OWNERS LIST TO THE APPLICATION) DESCRIPTION OF ROW OR UE TO BE ABANDONED: THELAST -L775. FT OF OLD VOTH ROAD R.O.W. TO IT'S TERMINATION AT PINE ISLAND BAYOU (FULL LEGAL DESCRIPTION ATTACHED TO THIS APPLICATION). PRESENT USE OF ROW OR UE (LIST UTILITIES IF PRESENT) ROADWAY SERVICING THE LNVA B.I. PUMP STATION AND ONE RESIDENCE BELONGING TO MITCH BRACKIN. ATTACH A LETTER STATING THE REASONS FOR THE ABANDONMENT. LEGAL DESCRIPTION OF PROPERTY: LOT NO. OR BLOCK NO. ADDITION TRACT TR 122A (PID 128277) & TR 90-D (PID 128186) PEAT RS -4 SURVEY W.B. DYCHES, A-17 ATTACH A MAP OR PLAT DELINEATING THE PUBLIC ROW OR UE TO BE ABANDONED AND TFIE LEGAL DESCRIPTION OF ADJACENT PROPERTY (DIIVIENSIONED AND TO ENGINEERING SCALE). ATTACH THE $300.00 APPLICATION FEE, THE ACTUAL COST OF NECESSARY APPRAISALS AND TITLE COMMITMENTS. IF PROPERTY IS ABANDONED, APPRAISED VALUE OF THE FEE INTEREST IN THE PROPERTY SHALL BE.CHARGED. TO THE BEST OF MY KNOWLEDGE, THEPBOVE INFORMATION.IS TRUE AND CORRE CT. SIGNATURE OF 1� `� DATE: '7 , ? r 19 APPLICANT: PLEASE TYPE .OR -PRINT AND SUBMIT TO: CITY OF BEAUMONT PLANNING DIVISION FILE NUMBER a 801 MAIN STREET, SUITE 201 BEAUMONT, TX 77701 DATE RECEIVED: Phone - (409) 880-3764 Fax - (409) 880-3133 APPLICATION FOR PUBLIC RIGHT-OF-WAY, ALLEY OR UTILITY EASEMENT ABANDONMENT Application Ownership List Date: 11103/--0%0� We, the undersigned, being the sole ownersof all the property abutting the proposed abandonment of A PORTION OF OLD VOTT-1 ROAD R.O.W., AS DEPICTED ON THE ATTACHED EXHIBIT that the right-of-way, alley, or utility easement be closed and abandoned. OWNER and ADDRESS hereby respectfully petition Lot Block Addition (TRACT) (TAX PLAT) (SURVEY) /�-� 09/ 3 %2019 MITCH BRACKrN, OWNER 11075 OLDVOTHROAP,BEAUMONT, TEXAS 77713 122A 09/3 /2019 LOWER NECHES VALLEY AUTHORITY OLD VOTH ROAD, BEAUMONT, TX 77713 90D RS4 W. B. DYCHES, A-17 RS -4 W. B. DYCHES, A-17 NOTE: Please print or type your name and then use signature. Separate sheets may be. used. May 20, 2019 City of Beaumont Planning Division 801 Main Street, Ste. 201 Beaumont, Texas 77701 This letter is being submitted to the City of Beaumont's Planning Division, along with an Application for Right -of -Way Abandonment, to provide reasons to support the abandonment of a portion of Old Voth Road in Beaumont, Texas. The strip of right-of-way in question is delineated in an attached Exhibit and more particularly described in an attached Field Note Description. The last ±775 ft. of Old Voth Road (sometimes referred to as Best Road or Old Silsbee Road)—from Stonetown Road to its termination at Pine Island Bayou—serves only one residence and one pump station for the Lower Neches Valley Authority. The only practical use for this strip of road is as a driveway to access the two properties noted on the attached application, as well as to provide access for the respective utility providers (whose rights of entry, maintenance, repair, etc., would remain in effect). It is desirous of the applicants to install a gate at the end of this driveway to prevent (or deter) mischievous activities from occurring, as they regularly do. Just to name a few: • Patrons from Squeeze's just up the road occasionally use this right-of-way to "sleep it ofP' after closing -down the bar. Some nights, they only want to do a few donuts before speeding off. • Criminals have, on multiple occasions, taken advantage of the fact that this public right-of-way leads to a private residence surrounded by the Big Thicket National Preserve, and that there is little - to -no chance of being caught in the act of theft (or vandalism) while the owners are not home. The authorities have been contacted and provided with security camera footage positively identifying criminals while in the act of trespass and theft, but no charges have ever been filed. • Fishermen periodically trespass onto the LNVA BI Pump Station property to fish from the canals, leaving behind trash (beer cans, nested fishing lines, hooks, etc.). The money it costs to maintain this dead-end road (with no other practical use than accessing the two properties) can be reallocated to serve the public more directly. We propose this road abandonment for the benefit of the two abutting owners, as well as the general public. It is requested that the City convey fee title of the entire 1.18 acre strip of land to the Lower Neches Valley Authority, reserving access for the following utility providers: ■ The City of Beaumont ■ Entergy Texas, Inc. ■ AT&T An Access and Maintenance Agreement between the Lower Neches Valley Authority and Mitch Brackin will be negotiated and executed upon the abandonment of this right-of-way. Respectfully, Mitch Brackin 11075 Old Voth Road Beaumont, Texas 77713 ORDINANCE NO. ENTITLED AN ORDINANCE VACATING AND ABANDONING AN APPROXIMATE 775' RIGHT-OF- WAY LOCATED AT THE NORTH END OF OLD VOTH ROAD, CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS, Mitch Brackin has requested the abandonment of an approximate 775' right-of-way located at the north end of Old Voth Road, being approximately 775 feet of the Old Voth Road right-of-way located north of the intersection of Old Voth and Best Roads, Beaumont, Jefferson County, Texas, containing 1.18 acres, more or less as shown on Exhibit 'A" attached hereto; and, WHEREAS, the City Council has considered the purpose of said abandonment and is of the opinion that the right-of-way is no longer necessary for municipal street purposes and the abandonment of said right-of-way is in the best interest of the City and should be granted; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT an approximate 775' right-of-way located at the north end of Old Voth Road, being approximately 775 feet of the Old Voth Road right-of-way located north of the intersection of Old Voth and Best Roads, Beaumont, Jefferson County, Texas, containing 1.18 acres, more or less as shown on Exhibit 'A" attached hereto, be and the same is hereby vacated and abandoned and that title to such property shall revert to and become the property of the persons entitled thereto, as provided by law. 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 29th day of October, 2019. - Mayor Becky Ames - 7: �:.t; .`a° nx •'f` a'i •'.`�_' •ice T•�,_�,)';'; ` ''Y•`��`-�{�_r^. tom. - �'.r , f• Son ON Ste, ::'i'.::F,".t'� : • a • �' i ,iZ�`s:'?I5�' ".?y` . �j.'„ . - .�. ' ;': rte" : M' >F _1EE'• ;r t Lk"sig" ` --, i�1 _L; `.r .l.?�:t•r;,✓y -:,;�f �� °`�" 1.3 r') w'7: .-R=«•1� .1 ii•' ;'�`�-�5,;'�,y/'4%`'A� .,• °S" ~1 Li_ ti• _ _ - t, .'_t1• t�.J�f'+'r•:✓. zp'+r y_�74� �y�i,,nt:.,;;'2,�:' nf��y�'{�r rte. ,St , rcA�_• �. .r�J•+Y]41;�-t TT::.' I_._hi� .,L��Stijl �• wry} 'i'' '• ��•. ,�`� '� .. , r, �f �`'. ' eft.-, x . 'r,;: �.d.- _ Cyd f a - z ,. - ;'']aV ,•,2•.t'-. e �,'', aF•'. _., .__.:.._1,�•:5�,%-Fc1\-?!:,.�:'t''l:'A>:I •.a._i�t1�S _."d `'�• �: ` '-•��,.�•_ ,.a„-,� .`�...�y`k `, �-'vii... -edea t'�:.r: ``.'�;�'; j•;- �i':` Z_ _ �:u:'..+ �y �,.: �•� ��,. F.` o-`3. � •. r`r';s..•,� r ntt, M - <yfl-{,,:_�;•''r '� �'� - rF• ''r' may;; -f, 79 7 F .✓M� yid `s> EXHIBIT OF THE PROPOSED ABANDONMENT OF A PORTION OF OLD VOTII ROAD Located in Beaumont, Jefferson County, Texas and being out of the W. B. DYCHES LEAGUE, Abstarct No. 17 Found "SOUTIX" \ \ Capped Rod Mitch Brackin Tract 11. 1 Acre jl x'04, CF 2007033461, 6417 OPRJCT SSMH `S ° 11725 Old Voth Road iBti °4 Beaumont, TX 77713 v p Cl as �\ Ow `� 6 \ At 13.54' 1 Found "SOUTD(" Capped Rod A Field Note Description for the 1.18 acre right–of–way abandonment accompanies this plat. Mitch Brackin Tract 1: 2.497 Ac. CF 2007033461, OPRJCT All bearings ore based on the east line of Tract 1 (2.497 acres), called to be N 01'32' E in CI 2007033461, OPRJCT. POB Found Found 5/8" Rod 2" Pipe fly SCALE.• 1 " = 100' 1.18 Acres Old Voth Road R.O.W. to be abandoned (sometimes referred to as Best Road or Old Silsbee Road), as dedicated for public use in V 3, P 193-194, MRJCT. Line Table Lower Neches Valley Authority line # Direction Length L1 N 22'19'37" E 216.73' L2 S 472555" E 34.73' L3 S 70'50'25" E 19.05' L4 S 45'45'07" E 14.17' L5 S 22'19'37" W 183.31' L6 S 6729'11' W 72.95' A Field Note Description for the 1.18 acre right–of–way abandonment accompanies this plat. Mitch Brackin Tract 1: 2.497 Ac. CF 2007033461, OPRJCT All bearings ore based on the east line of Tract 1 (2.497 acres), called to be N 01'32' E in CI 2007033461, OPRJCT. POB Found Found 5/8" Rod 2" Pipe fly SCALE.• 1 " = 100' 1.18 Acres Old Voth Road R.O.W. to be abandoned (sometimes referred to as Best Road or Old Silsbee Road), as dedicated for public use in V 3, P 193-194, MRJCT. EXHIBIT PREPARED FOR: The City of Beaumont I, Scott N. Brackin, Texas Registered Professional Land Surveyor No. 6650, do hereby certify that I have made a survey on the ground of the property shown hereon, and that the survey is true and correct to the best of my knowledge and belief. Survey Dated: May 01, 2019. WEE v SCOTT N BRACKIN Commercial - Industrial - Residential """""""""•"•"•• 11025 Old Voth Road – Beaumont; Texas 77713 `: 6650 °90 �P ; '9 �1 ss�o • O Telephone (409) 838-6322 Facsimile 838-6122 '1'p S�Rv�I www.access–surveyors.com § rp1s5163®aoLcom Scott N.ruckin Fila 2019203M Firm No. 10136400 Techn1clan: SNB Registered Professional Land Surveyor No. 6E Lower Neches Valley Authority U9 o 8.1. Pump Station" ® 28.98 acres described in the Judgement for Cause No. 35731, Styled iq Beaumont Farms Incorporated, et al, N hto o vs Unknown Heris of W. B. Dyches, diseased, et al, recorded in V 16, P 27 of the Minutes of W 3 R the 60th District Court, Jefferson County, TX o p 04 Qti 0 co Legend z o- a Telephone Pedestal (AT&T) 0 Utility Pole 66.6'( Light Pole SSMH Sanitary Sewer Manhole Z Water Meter 'c El Elec. Meter Pole —E— Overhead Utilities —<>-- Chain Link Fence $ ' Found 7( Scribe Rock/Asphalt Roadway Concrete H ly 76�c� Found 327-3 9, ` 3/4" Rod moth Road , EXHIBIT PREPARED FOR: The City of Beaumont I, Scott N. Brackin, Texas Registered Professional Land Surveyor No. 6650, do hereby certify that I have made a survey on the ground of the property shown hereon, and that the survey is true and correct to the best of my knowledge and belief. Survey Dated: May 01, 2019. WEE v SCOTT N BRACKIN Commercial - Industrial - Residential """""""""•"•"•• 11025 Old Voth Road – Beaumont; Texas 77713 `: 6650 °90 �P ; '9 �1 ss�o • O Telephone (409) 838-6322 Facsimile 838-6122 '1'p S�Rv�I www.access–surveyors.com § rp1s5163®aoLcom Scott N.ruckin Fila 2019203M Firm No. 10136400 Techn1clan: SNB Registered Professional Land Surveyor No. 6E October 29, 2019 Consider a request to abandon an approximately 50' x 310' portion of Evalon Avenue BEAUMONT TEXAS TO: FROM: PREPARED BY: MEETING DATE: REQUESTED ACTION: I .Z111KI rC City Council Kyle Hayes, City Manager Chris Boone, Planning & Community Development Director October 29, 2019 Council consider a request to abandon an approximately 50' x 310' portion of Evalon Avenue. MG Real Properties, Ltd., is requesting to abandon a portion of Evalon Avenue, located between Jirou and Gulf Streets, as they own all adjacent properties. Properties west of this location would continue to have access form Jirou Street. The applicant states that the City has not propertly maintained this street and they would like to be able to better maintain the pavement as sole owners of the property. Entergy, AT&T and City Water/Sewer have responded that they all have facilities in this right-of-way. Although they all state that their facilities cannot be relocated, they are not opposed to the request as long as an easement is retained. At a Joint Public Hearing held on October 21, 2019 the Planning Commission recommended 5:0 to approve a request to abandon an approximately 50' x 310' portion of Evalon Avenue to the City of Beaumont with the retention of an easement. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the ordinance. APPLICATION FOR RIGHT-OF-WAY OR UTILITY EASEMENT ABANDONMENT CITY OF BEAUMONT, TEXAS THIS IS AN APPLICATION TO ABANDON A: RIGHT-OF-WAY (ROW), UTILITY EASEMENT (UE) OR ABANDON A RIGHT-OF-WAY BUT RETAIN A UTILITY EASEMENT. NAME OF APPLICANT: MG Real Properties, Ltd. PHONE: (409) -833-2665 FAX: AUTHORITY OF APPLICANT: NAME OF OWNER: MG Real Properties, Ltd. PHONE: (409) -833-2665 ADDRESS: 1655 Louisiana Street, Beaumont, TX 77701 ALL OWNERS ABUTTING THE ROW OR UE MUST SIGN WRITTEN REQUEST. (PLEASE ATTACH PROPERTY OWNER'S LIST TO THE APPLICATION) DESCRIPTION OF ROW OR UE TO BE ABANDONED: Approximate SO' x 3101 portion of Evalon Road East of Jirou Street and West of Gulf Street. PRESENT USE OF ROW OR UE (LIST UTILITIES IF PRESENT) connecting road between Jirou. and Gulf street. ATTACH A LETTER STATING THE REASONS FOR THE ABANDONMENT. LEGAL DESCRIPTION OF PROPERTY: LOT NO. BLOCK NO. ADDITION OR TRACT PLAT SURVEY ATTACH A MAP OR PLAT DELINEATING THE PUBLIC ROW OR UE TO BE ABANDONED AND THE LEGAL DESCRIPTION OF ADJACENT PROPERTY (DIMENSIONED AND TO ENGINEERING SCALE). ATTACH THE $300.00 APPLICATION FEE, THE ACTUAL COST OF NECESSARY APPRAISALS AND TITLE COMMITMENTS. IF PROPERTY IS ABANDONED, APPRAISED VALUE OF THE FEE INTEREST IN THE PROPERTY SHALL BE CHARGED. TO THE BEST OF MY KNOWLEDGE, THE ABOVE INFORMATION IS TRUE AND CORRECT. SIGNATURE OF APPLICANT: PLEASE TYPE,@R PRINT AND SUBMIT TO L FILE NUMBER: 0 ( -c* DATE RECEIVED: CITY OF BEAUMONT PLANNING DIVISION 801 MAIN STREET, SUITE 201 BEAUMONT, TX 77701 Phone - (409) 880-3764 Fax - (409) 880-3133 APPLICATION FOR PUBLIC RIGHT-OF-WAY, ALLEY OR UTILITY EASEMENT ABANDONMENT Application Ownership List Date: September 24 2019 We, the undersigned, being the sole owners of all the property abutting the proposed abandonment Of Approximate 50' x 310' portion of Evalon Road East of Jirou Street and West of Gulf Street that the right-of-way, alley, or utility easement be closed and abandoned. OWNER and ADDRESS hereby respectfully petition Lot Block Addition (tract) (tax plat) (survey) MG Real Properties, Ltd. - 1313 Gulf Street Beaumont TX L1 - L12 B7 MG Real Properties, Ltd. - 1195 Gulf Street Beaumont TX L1 - L12 B3 NOTE: Please print or type your name and then use signature. Separate sheets may be used. McFaddin 1 McFaddin 1 MG REAL PROPERTIES, LTD 1655 Louisiana St., Beaumont, TX 77701 Office: 409-833-2665 1 Toll -Free 800-231-8198 September 25, 2019 City of Beaumont— Planning Division 801 Main Street, Suite 201 Beaumont, TX 77701 Via: Hand Delivery Reference: Application for Right -of -Way Abandonment Evalon Avenue located between Gulf Street & Jirou Street To Whom It May Concern: MG Real Properties, Ltd. would like to have the City of Beaumont abandon the portion of Evalon Avenue located between Jirou Street and Gulf Street. That portion of Evalon has been unmaintained by the City for some time. We, the sole owners of the properties adjacent to it, have expended considerable amounts of time and money providing basic upkeep. We feel that it is in the mutual best interests of the City and MG Real Properties, Ltd. for the City to abandon this portion of Evalon. It will allow us to better maintain and utilize it and our adjacent properties and it will allow the property to be added to the tax rolls of the City. If you have any questions or concerns regarding this application, please contact me at your earliest convenience by phone @ (409) 833-2665. Sincerely, MG Real Properties, Ltd. ey Crens aw, President ORDINANCE NO. ENTITLED AN ORDINANCE VACATING AND ABANDONING AN APPROXIMATE 50'X 310' RIGHT- OF-WAY LOCATED AT EVALON AVENUE, CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS, MG Real Properties, Ltd. has requested the abandonment of an approximate 50' x 310' right-of-way located at Evalon Avenue, being approximately 50' x 310' of Evalon Avenue extending from the east right-of-way line of Jirou Street to the west right-of-way line of Gulf Street, Beaumont, Jefferson County, Texas, containing 0.41 acres, more or less as shown on Exhibit 'A" attached hereto; and, WHEREAS, the City Council has considered the purpose of said abandonment and is of the opinion that the right-of-way is no longer necessary for municipal street purposes and the abandonment of said right-of-way is in the best interest of the City and should be granted; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT an approximate 50' x 310' right-of-way located at Evalone Avenue, being approximately 50' x 310' of Evalon Avenue extending from the east right-of-way line of Jirou Street to the west right-of-way line of Gulf Street, Beaumont, Jefferson County, Texas, containing 0.41 acres, more or less as shown on Exhibit "A," attached hereto, be and the same is hereby vacated and abandoned and that title to such property shall revert to and become the property of the persons entitled thereto, as provided by law. 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 29th day of October, 2019. - Mayor Becky Ames - AJL- ttn"A LI vICt jWN a Zm, tx ie ur 71 erI UL AR, rx io!a is, r f t 0 1%1 4n i. ' gp KJ is .5,7tif r • ON " VIL flaw r !yt. . . . . VV31., .......... ....... - N .1 ]'!a'�'-..:< -r, _ i _.1 .r ,t p`j� — - .,7 <','�F1.- _I+'_:1' R.jj Al @- MW QA Yi Dt T1 r'4:i� �'' 0 — _ _ i*' _ '�•. �'�C.•' 'r'•� _ . + `-�*'-' :Si _ ' ��Ll"f. �?. i,l.! _ ^`(l. Pt.,'—,'',',l''. f. all PROPOSED RIGHT-OF-WAY ABANDONMENT EVALON AVENUE between Arou Street & Gulf Street. October 29, 2019 Consider an ordinance granting a solid waste franchise to Superior Waste Solutions, LLC BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Todd Simoneaux, Chief Financial Officer MEETING DATE: October 29, 2019 REQUESTED ACTION: Council consider an ordinance granting a solid waste franchise to Superior Waste Solutions, LLC. BACKGROUND According to City Ordinance 22.05.101, no person shall engage in the business of collecting, hauling or transporting, in the city, any garbage, waste or refuse, without first having obtained a franchise from the City. Seven entities currently have nonexclusive franchise agreements with the City and are doing business in this area. Superior Waste Solutions, LLC has requested that the City Council grant the company such franchise agreement. Superior Waste Solutions was founded in July of 2019 with plans to operate from 6315 N. Twin City Hwy Beaumont, Tx 77705. The requested franchise is generally the same as those previously approved by City Council. It provides for a term of one year from its effective date and a franchise fee of seven percent (7%) of gross revenues received for service. It also requires the entity to indemnify the City of Beaumont and provide insurance which names the City of Beaumont as a named insured. According to City Charter, franchise ordinances require readings at three separate Council meetings, with the third not less than thirty (30) days from the first reading. The ordinance does not take effect until sixty (60) days after its adoption on the third and final reading. After passage, the ordinance must be published for four consecutive weeks in a newspaper of general circulation in the City. All publication costs are paid by the franchisee. Attached is a copy of the franchise agreement for your review. This is the second reading. FUNDING SOURCE A franchise fee of seven percent (7%) of gross receipts will be paid to the City. RECOMMENDATION Approval of the ordinance. ORDINANCE NO. ENTITLED AN ORDINANCE GRANTING A FRANCHISE FOR SOLID WASTE COLLECTION AND TRANSPORTATION SERVICES TO SUPERIOR WASTE SOLUTIONS, LLC. WHEREAS, Superior Waste Solutions, LLC (the "Company") has requested a franchise to operate a solid waste collection and transportation service within the City of Beaumont, Texas (the "City"); and, WHEREAS, the City desires to grant such franchise; NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. Grant of Authority There is hereby granted by the City to Superior Waste Solutions, LLC the right and privilege to operate and maintain within the City a solid waste collection and transportation service (the "service"). For purposes of this franchise, the term "solid waste collection and transportation service" shall mean the business of collection, hauling or transporting any garbage, rubbish, waste or refuse from locations in the City, and the disposal of such material in accordance with law. The franchise granted herein is nonexclusive, and franchises may be granted to other persons for service. Section 2. Term of Franchise The franchise herein granted shall take effect and be in force sixty (60) days after the final passage hereof as required by law and upon the filing by the Company of an acceptance with the City Clerk, and shall continue in force and effect until one (1) year thereafter. The acceptance required hereunder must be in writing and filed with the City Clerk within thirty (30) days after final passage hereof. Upon the expiration of the term hereof, this franchise shall continue on a month-to-month basis until terminated by either party or extended or replaced. Section 3. QM+oQ The Company shall establish rates for service which are uniform as to customer class based upon such criteria as type of waste, container size, frequency of collection, and distance of travel. The Company shall file its initial rates for service with its acceptance as required herein. Such rates shall, unless modified by the City, be effective with the effective date of this franchise. Any modifications in rates by the Company shall first be filed with the City Clerk and City Attorney and shall be effective thirty (30) days after such filing unless modified by City as provided herein. Nothing herein shall prevent the Company from charging uniform rates which are less than the rates filed with the City. The City shall have the right to establish rates charged by Company for services performed hereunder, after notice and hearing. Rates established by the City shall be sufficient to allow the Company an opportunity to earn a reasonable return on its invested capital used in providing such services. Section 4. Franchise Fee The Company shall pay to the City, on or before the fifteenth (15th) day of each month, a sum equal to SEVEN PERCENT (7%) of the gross revenues received for service in the previous month as payment for the use of the City's streets, alleys and rights-of- way. The payments herein provided do not relieve Company from the payment of ad valorem taxes, special assessments, charges, or other fees applicable to the public generally. City shall have the right, at any reasonable time, to audit the books and records of the Company and the Company is hereby required to make such books and records available at the request of City. Upon written acceptance, the Company shall furnish to the City a listing of customers served, including customer name, address, frequency of pick-up, size of container or type of service and charge for same. The following reports shall be filed monthly with the City Manager or his designee along with the street rental payment required herein: Upon written request and within thirty (30) days of receipt, the Company shall furnish to the City adequate reconciliation of reported revenues which would include: a listing of names and addresses of all customers served, frequency of pick-up, size of container or type of service and charge for same, and date service was initiated and discontinued. Section 5. Indemnity, Insurance and Bond The Company shall at all times during the effective period of this franchise, carry liability insurance as provided herein. The Company covenants and agrees at all times to indemnify and save harmless the City, its officers, agents, employees, and any member of the public against any and all injuries, damages, claims, causes of action or loss of compensation arising or resulting from Company's operations under this franchise, whether or not such loss was caused by the negligence of the City, its agents, servants or employees. Upon notice given Company by City, Company must defend at its own expense, any action or suit brought against the City because of any work or other acts done by the Company under the terms of this franchise. Counsel chosen by Company to defend City must be satisfactory to City. Company will pay any final judgment which might be obtained against City by reason of any work or acts done hereunder by Company, its agents, servants or employees, and Company will pay all damages occurring to any person or property, public or private, resulting from any fault or neglect on its part or on the part of its agents or employees. The Company agrees to carry insurance as follows: 1) Workers' Compensation The Company shall furnish the City Clerk a certificate of insurance indicating workers' compensation coverage as required by the State of Texas. 2) , Automobile Liability Insurance The Company shall carry, in its own name, a policy in comprehensive form to insure the automobile liability of its operation with limits of not less than Five Hundred Thousand Dollars ($500,000.00) per occurrence for bodily injury and, in addition, not less than One Hundred Thousand Dollars ($100,000.00) property damage. This policy shall name City as an additional insured and provide for thirty (30) days notice to City prior to cancellation. A certificate of insurance certifying such coverage shall be filed with the City Clerk before the effective date of this franchise, and it shall be maintained in force during the term of the franchise. 3) General Liability The Company shall carry, in its own name, a comprehensive liability insurance policy including contractual coverage for operations other than automobile with limits of not less than Five Hundred Thousand Dollars ($500,000.00) per occurrence for bodily injury, and One Hundred Thousand Dollars ($100,00.00) per occurrence for property damage. The policy shall name the City as named insured and provide for thirty (30) days notice to City prior to cancellation. A certificate of insurance certifying such coverage shall be filed with the City Clerk before the effective date of this franchise and maintained in force during the term of the franchise. Section 6. Compliance with Laws and Ordinances The Company shall, at all times during the term of this franchise, be subject to all lawful exercise of police power by the City and to such reasonable regulations as the City shall hereafter by ordinance provide. In addition, the Company will observe all city, county, state, and federal laws regulating the collection and disposal of solid waste. Section 7. Service Standard and Equipment The Company shall maintain and operate its collection system and equipment in good order to render efficient service subject to the terms of this franchise. All vehicles, containers, and equipment used for the collection and transportation of solid waste shall be constructed, operated and maintained to prevent loss of liquid or solid waste material and to minimize health and safety hazards to solid waste management personnel and the public. Such vehicles, containers, and equipment used shall be maintained in a clean, sanitary condition and free from odors at all times. All vehicles and equipment shall comply with federal, state, and local regulations. Collection vehicles and all bulk, commercial, and roll -off type containers shall be painted and numbered and shall have the Company's name and telephone number painted in letters of a contrasting color. Such containers may not be placed on any street or right-of-way within the City. All collections shall be made directly from the premises of the customer and any emptied containers returned directly to such premises. Section 8. Providing Services The Company shall provide service to any person, firm, corporation, association or entity inside the City of Beaumont who requests such service and is not delinquent in the payment of collection charges due the Company. Section 9. Office The Company shall establish and maintain an office with telephone service and shall keep said office open for business from 9:00 A.M. to 5:00 P.M. each and every day except Saturday, Sunday and holidays. Section 10. Interruption of Service In the event that service shall be interrupted for any reason for more than forty- eight (48) hours, the City shall have the right to make temporary independent arrangements for the purposes of continuing this necessary service to its residents in order to provide or protect the public health and safety. If the interruption in service mentioned herein continues for a period of seventy-two (72) hours, then the City shall have the right to terminate the rights and privileges granted in this franchise. Ccrtinn 11 Termination In the event that any provision of this franchise is violated by the Company, the City may serve written notice upon the Company of its intention to terminate this franchise. The notice shall contain the reasons for such intention to terminate the franchise. Unless within ten (10) days after mailing such notice by City to the Company, such violation shall cease, or satisfactorily arrangements for correction be made by Company, the City Council may, after a public hearing in which Company is provided an opportunity, to present evidence concerning such violation, declare the franchise terminated and serve written notice upon the Company of the termination and the termination of the franchise shall be effective upon the mailing of such notice. Section 12. Transfer of Franchise Rights Franchise rights granted hereunder shall not be transferred to another without the approval of City. A single transfer or a series of transfers of Company's stock which constitute a transfer of a majority interest in Company is subject to the prior approval of City. Section 13. Notices Where written notices are provided for in this ordinance, same shall be sufficient to notify Company when provided by certified mail to: Superior Waste Solutions, LLC 6315 N. Twin City Hwy Beaumont, TX 77705 Notice to City is sufficient if mailed by certified mail to: City Manager City of Beaumont P.O. Box 3827 Beaumont, TX 77704 Section 14. If any section, sentence, clause, paragraph or phrase of this ordinance, other than Section 4, is for any reason held to be invalid or illegal, such invalidity shall not affect the remaining portions of this ordinance. If Section 4 hereof is held to be invalid for any reason, the ordinance shall be immediately invalid. Section 15. It is agreed by City and Company that venue of any legal proceedings under this franchise agreement shall be in Jefferson County, Texas. Section 16. Vehicle Permits Twenty (20) days prior to the effective date of this franchise, the Company shall furnish to the City a list of all vehicles to be providing solid waste collection and disposal service under this franchise. Such list shall include state license number, year, make, model and manufacturer's rated capacity for each vehicle. Vehicles not having a valid City of Beaumont landfill permit will not be allowed to operate under this agreement nor utilize the City refuse disposal facility. If at any time a vehicle or equipment is found to be in noncompliance with Section 7 of this franchise, the Company will be notified of its violation and said equipment or vehicle shall be removed from service upon receipt of written notification. Failure to comply with this provision or to falsify the information concerning the location of the service of the vehicle shall be a material breach of this franchise. Should City decide not to terminate this franchise because of any violation of this Section, Company's disposal fee at City's landfill shall be doubled for all of Company's vehicles for a period of sixty (60) days. PASSED BY THE CITY COUNCIL of the City of Beaumont on first reading this the 22nd day of October, 2019. PASSED BY THE CITY COUNCIL of the City of Beaumont on second reading this the day of 12019. PASSED BY THE CITY COUNCIL of the City of Beaumont on final reading this the day of , 2019. ACCEPTANCE: Superior Waste Solutions, LLC as (Company Owner/Representative) - Mayor Becky Ames -