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HomeMy WebLinkAboutPACKET JAN 22 2002 cluill a City of BeGIunwnt REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS JANUARY 22, 2002 1:30 P.M. AGENDA OPENING • Invocation Pledge Roll Call • Presentations and Recognition • Public Comment: Persons may speak on scheduled agenda items • Consent Agenda GENERAL BUSINESS 1. Consider authorizing the City Manager to amend the Industrial Agreement with ATOFINA Chemicals, Inc. 2. Consider approving Amendment No. I to the City's Loan Agreement with Crockett Street Development, Ltd. 3. Consider amending Section 21-75 of the Code of Ordinances relating to authorized positions in the Police Department 4. Consider amending Section 26 of the Code of Ordinances establishing minimum parking citation fines effective March 25, 2002 5. Consider approving funding for the Chamber of Commerce in the amount of$50,000 for Economic Development purposes COMMENTS * Councilmembers comment on various matters * City Manager's Report- Partnership In Governance 2002; City Hall Emergency Gas Leak; Neighborhood Revitalization Projects; Planning Commission; Sales Tax Update; Comprehensive and Neighborhood Planning; The All-American Soap Box Derby; Fire Department Staffings and Lone Star Libraries * Public Comment (Persons are limited to 3 minutes) EXECUTIVE SESSION * Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code: Doris Marie Martin v. City of Beaumont Claim of Catherine Carter Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact Kyle Hayes at 880-3716 a day prior to the meeting. 1 Council consider authorizing the City Manager to amend the Industrial Agreement with ATORNA Chemicals, Inc V~105 City of Beaumont qw_ 'in 1:171117OR k M d 3M EL Council Agenda Item TO: City Council FROM: Stephen J. Bonczek, City Manager PREPARED BY: Kyle Hayes, Economic Development Director MEETING DATE: January 22, 2002 AGENDA MEMO DATE: January 18, 2002 REQUESTED ACTION: Consider authorizing the City Manager to amend the Industrial Agreement with ATOFINA Chemicals, Inc. RECOMMENDATION The Administration recommends authorizing the City Manager to amend the Industrial Agreement with ATOFINA Chemicals, Inc. BACKGROUND The City Council authorized the City Manager to execute an Industrial Agreement with ATOFINA Chemicals, Inc. on October 9, 2001. The agreement was executed on October 12, 2001. Novus International Inc.is planning to construct a$102 million unit at the ATOFINA Chemicals Refinery on Gulf States Road under a cooperative agreement with ATOFINA Chemicals, Inc. ATOFINA will operate the plant once it is completed. The new unit would produce 3-methylthiopropi- onaldehyde (MMP)which is used to manufacture a feed supplement called Alimet. Alimet is an ingredient used in feed products for livestock. Construction of the plant is projected to commence in June of 2003, with production coming on-line in 2005. The project will have an estimated 400 construction jobs at peak times and will result in 27 permanent jobs being created. The following amendments to the contract are recommended in order to provide an incentive to locate the proposed project in Beaumont. 1) The annual payment outlined in Article I, Subpart 4 will be amended to provide that the payment shall not exceed 110% of the prior year's payment in 2003 and 2004. The annual payment shall not exceed 107% of the prior year's payment in 2005, 2006, 2007 and 2008. 2) In 2005, 20% of the assessed value of the proposed project will be included in ATOFINA's assessed value for purposes of calculating assumed City taxes due for payment in February 2006 subject to the payment limitation described in Item 1 above. Each year thereafter an additional 20% of the assessed value of the proposed project will be included in the calculation of assumed City taxes due subject to the payment limitation described in Item 1 above. 3) The annual payment described in Article I, Subpart 4 will be amended to provide that the current payment of$395,761 (due February 1, 2002) will be the minimum payment during the term of the contract. If the project is not constructed, no minimum payment or payment cap amendment described in Item 1 above will be made to the contract. 4)Novus International, Inc. will lease land from ATOFINA to construct its part of the proposed project. If the project is constructed, the value of Novus assets will be subject to provisions of ATOFINA's industrial contract with the City. No separate agreement with Novus will be executed. A copy of the current industrial agreement with the proposed amendments (shaded area) is attached for your review. BUDGETARY IMPACT The City of Beaumont will not receive less than $395,761 a year from ATOFINA during the seven-year contract and should realize a 7% increase each year in 2006-2008. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager and Economic Development Director. RECOMMENDED MOTION Approve/Deny authorizing the City Manager to amend the Industrial Agreement with ATOFINA Chemicals, Inc. THE STATE OF TEXAS § COUNTY OF JEFFERSON § AGREEMENT This Agreement is made under the authority of Section 42.044 of the Texas Local Government Code. The parties to the Agreement are The City of Beaumont, a municipal corporation and a home-rule city located in Jefferson County, Texas, hereinafter called "CITY," and ATOFINA Chemicals, Inc., its parent, subsidiaries and affiliates, hereinafter called "COMPANY." PREAMBLE WHEREAS, Company owns land and improvements which are a part of the manufacturing, industrial, and refining facilities of said Company. The City has established an industrial district comprising a certain part of the extra-territorial jurisdiction of the City, such industrial district being known as the City of Beaumont Industrial District. WHEREAS, the Company recognizes the benefits of this Agreement and an obligation to contribute to the revenue needs of said City in an amount commensurate with the burdens placed upon the City and benefits derived by the Company by reason of being located immediately adjacent to said City. WHEREAS,the Company and the City desire to base the industrial district payment on assessed value to ensure equity among the companies. In view of the above and foregoing reasons, and in consideration of the mutual agreements herein contained, Company and City hereby agree as follows: GACGIAGREEMENWYLE 11-011ATOFINA-1-02.wpd 1 /8 ARTICLE I. COMPANY'S OBLIGATION Annual Payment on Company's Property 1. Commencing with the calendar year 2002 and each calendar year thereafter for the duration of this Contract, the Company will pay the City a certain sum which will be computed on the assessed value of the Company's facilities property, real, personal, and mixed located on Company's land covered by this contract as described in Article II (hereinafter called the "Company's properties"). 2. By the term "Assessed Value" is meant the 100% valuation of the Company's properties, as determined by the Jefferson County Appraisal District for the previous tax year. 3. The term"assumed City taxes due"shall be calculated by the following formula: Assessed value T 100 x the current ad valorem tax rate by City Council of City = Assumed City Taxes due. 4. Pavment Procedures The procedures for determining and making such payments shall be as follows: (a) The payment for 2002 shall be in the amount of$395,761 and shall be due and payable on or before February 1, 2002. The February 1, 2002 payment is calculated as follows: Assumed City Taxes Due: $77,905,730 / 100 X .635 = $494,701 Year 1 80% of Assumed City Taxes Due = $395,761 G:\CG\AGREEMEN\KYLE 11-011ATOFINA-1-02.wpd 2 / 8 Each October thereafter, the Finance Officer shall obtain the most recent assessed values asset by the Jefferson County Appraisal District for the Company's properties, real, personal and mixed, having taxable situs within the areas described in this Agreement; for example, in October, 2003, the 2003 assessed values shall be used for the February 1, 2004 payment. This assessed value shall be used in the calculation of the payment. If the assessed values for the period required are in question and/or under litigation with the Jefferson County Appraisal District, payment shall be computed on the most recent certified values from the Jefferson County Appraisal District. The Company shall notify the City following resolution of the appraised value question and an adjustment for the payment,without interest,will be made within thirty(30)days following such resolution. (b) After the assessed value of the Company's properties have been determined, the payment to City shall be 80% of assumed City taxes for the years 2002 2003, and 2004 and 75% of assumed City taxes for the years 2005, 2006, 2007 and 2008. (c) City hereby agrees to bill Company for its payments due hereunder on or before January 1 each year. Company shall pay to City such amount billed on or before February 1 each year. Upon receiving the final payment, the Finance Officer shall issue an official receipt of said City acknowledging full, timely, final and complete payment due by said Company to City for the property involved in this Agreement for the year in which such payment is made. if any annual payment is not made on or before any due date, the same penalties, interest, attorneys'fees and costs of collection shall be recoverable by the City as would be collectible in the case of delinquent ad valorem taxes. Further, if payment is not timely made, all payments which otherwise would have been paid to the City had Company been in the City limits of City will be recaptured and paid to the City within 60 days of any such event. G:\CG\AGREEMEN\KYLE 11-01WTOFINA-1-02.wpd 3 / 8 Company expects to obtain approval of a construction project to be done by Company and Novus International on Company's properties. Novus will lease land from ATOF/NA to construct its part of the proposed project. In the event the proiect is approved, the value of Novus assets will be subject to provisions of this Agreement. No separate agreement with Novus will be executed. Should the project be approved, the annual payment provided for herein shall not exceed 110% of the prior year's payment in each of 2003 and 2004 and shall not exceed 107% of the prior year's payment in 2005, 2006, 2007 and 2008. In any event, such annual payment for each year of this Agreement shall never be less than $395,76 1. Lel In 2005, 20% of the assessed value of the project as determined by the Jefferson County ppraisal District will be included in the Company's and Novus'assessed value for purposes of calculating assumed city taxes due for the payment in 2006 subject to the 10% and 7% caps set out in Article 1(4)(d) above. Each year thereafter an additional 20% of the assessed value of the project will be included in the calculation of assumed city taxes due subject to the 10% and 7% caps. M If the project is approved,paragraphs, "(d)"and "(e)"will take priority over the second and third subparagraphs of paragraphs "4(a)" and "4(b)" and Novus' assets shall constitute part of "Company's properties" under this Agreement. If the project is not approved, Paragraphs phs "L)"and"Le)"will be of no force and effect and the contract will not include provisions providing for minimum or maximum payments. G:ICGWGREEMENWnE 11-011ATOFINA-1-02.wpd 4 / 8 ARTICLE II. PROPERTY COVERED BY AGREEMENT This instrument will reflect the intention of the parties hereto that this instrument shall govern and affect the properties of Company (facilities, real, personal, and mixed) located on Company's real property more particularly described in Exhibit "A" hereto, which are within the extra-territorial jurisdiction of the City of Beaumont. ARTICLE III. SALE BY COMPANY Company shall notify City of any sale of any or all of Company's properties to any person or entity. As to payments due under this contract, no such sale shall reduce the amount due the City under this contract until the purchaser of such property has entered into a contract in lieu of taxes with the City that provides for a continuation of payments to the City as if no such sale had been made. It is the intent of the parties that no sale of any of Company's properties will affect the amount to be paid to the City under this Agreement. ARTICLE IV. CITY'S OBLIGATIONS 1. City agrees that it will not annex, attempt to annex or in anyway cause or permit to be annexed any portion of Company's properties covered by this Agreement for the period of the agreement except as follows: (a) If the City determines that annexation of all or any part of the Company's properties covered by this Agreement are reasonably necessary to promote and protect the general health, safety and welfare of persons residing within or adjacent to the City, the City will notify Company in accordance with State law of the proposed annexation. In the event of such annexation, Company will not be required to make further payment under this Agreement for any calendar year commencing after such annexation with respect to the property so annexed, but shall nevertheless be obligated to make full payment for the GAMAGREEMEWYLE 11-01 WTOFINA-1-02.wpd 5 /8 year during which such annexation become effective if the annexation becomes effective after the last date on which taxes may be assessed in said year. (b) In the event any municipality other than the City attempts to annex separately or in the event the creation of any new municipality shall be attempted so as to include within its limits of the Company's properties, City shall, with the approval of Company, seek immediate legal relief against any such attempted annexation or incorporation and shall take such other legal steps as may be necessary or advisable under the circumstances with all cost of such action being borne equally by the City and by the Company or all companies that have entered into agreements with the City for payments in lieu of taxes with respect to properties located within the City of Beaumont Industrial District with the Company's portion allocated on the basis of assessed values. 2. The City further agrees that during the term of this agreement, there shall not be extended or enforced as to any land of the Company's properties within said City of Beaumont Industrial District, any rules, regulations, or any other actions: (a) seeking in any way to control the platting and subdivisions of land, (b) prescribing any buildings, electrical, plumbing or inspection standards or equipment, or(c) attempting to regulate or control in any way the conduct of Company's activities, facilities or personnel thereof. 3. It is understood and agreed that during the term of this agreement or any renewals thereof, the City shall not be required to furnish any municipal services to Company's property; provided, however, City agrees to furnish fire protection to Company should such protection be requested by Company in the event an unusual emergency situation occurs. ARTICLE V. TERMINATION It is agreed by the parties to this Agreement that only full, complete and faithful performance of the terms hereof shall satisfy the rights and obligations assumed by the G:\CG\AGREEMEN\KYLE 11-01\ATOFINA-1-02.wpd 6 /8 parties and that, therefore, in addition to any action at law for damages which either party may have, Company may enjoin the enactment or enforcement of any ordinance or charter amendment in violation of, or in conflict with, the terms of this Agreement and may obtain such other equitable relief, including specific performance of the Agreement, as is necessary to enforce its rights. It is further agreed that should this Agreement be breached by Company, the City shall be entitled, in addition to any action at law for damages,to obtain specific performance of this Agreement and such other equitable relief necessary to enforce its rights. ARTICLE VI. AFFILIATES The benefits accruing to Company under this Agreement shall also extend to Company's"affiliates"and to any properties owned or acquired by said affiliates within the area described in Exhibit "A" to this Agreement, and where reference is made herein to Company's property, that shall also include land, property and improvements owned by its affiliates. The word "affiliates" as used herein shall mean all companies with respect to which Company directly or indirectly, through one or more intermediaries at the time in question, owns or has the power to exercise the control over fifty percent (50%) or more of the stock having the right to vote for the election of directors. ARTICLE VII. TERM OF AGREEMENT The term of this Agreement shall be for seven (7) years, commencing January 1, 2002, and ending on December 31, 2008. ARTICLE VIII. NOTICES Any notice provided for in this Contract, or which may otherwise be required by law shall be given in writing to the parties hereto by Certified Mail addressed as follows: GAMAGREEMENIKYLE 11-011ATOFINA-1-02.wpd 7 /8 TO CITY TO COMPANY City Manager ATOFINA Chemicals, Inc. City of Beaumont P. 0. Box 1427 P. 0. Box 3827 Beaumont, Texas 77704 Beaumont, Texas 77704 ARTICLE IX. CONTINUATION If this Agreement shall be held invalid by any court of competent jurisdiction, such holding shall not affect the right of City to any payment made or accruing to City hereunder prior to such adjudication, and this provision is intended to be an independent and separable provision not to be affected by such adjudication. IN WITNESS THEREOF, this Agreement, consisting of 7 pages plus Exhibit"A", is executed in duplicate counterparts as of this day of , 2001. CITY OF BEAUMONT, TEXAS By: Stephen J. Bonczek City Manager ATTEST: Barbara Liming City Clerk ATOFINA Chemicals Inc. By: ATTEST: GAMAGREEMENWYLE 11-01ATORNA-1-02.wpd 8 1 8 2 Council consider approving Amendment No. 1 to the City's Loan Agreement with Crockett Street Development, Ltd. City of Beaumont n Council Agenda Item TO: City Council FROM: Stephen J. Bonczek, City Manager PREPARED BY: Kyle Hayes, Economic Development Director MEETING DATE: January 22, 2002 AGENDA MEMO DATE: January 17, 2002 REQUESTED ACTION: Consider approving Amendment No. 1 to the City's Loan Agreement with Crockett Street Development, Ltd. RECOMMENDATION The Administration recommends approving Amendment No. 1 to the City's Loan Agreement with Crockett Street Development, Ltd. BACKGROUND The City of Beaumont loaned Crockett Street Development, Ltd. $3,000,000 using Section 108 funds from the Department of Housing and Urban Development to help finance the development of the Crockett Street Project. The Borrower's loan with the City is secured by a second lien on the Project that is subordinate only to a first lien in favor of Community Bank & Trust in the amount of$1,000,000. The Borrower needs additional funds to complete the Project and has made arrangements to borrow an additional$2,500,000 from Community Bank&Trust. To obtain this additional loan, the Borrower must be able to grant to Community Bank a first lien on the project in the total amount of Community Bank's loan of$3,500,000. To do so requires the City to consent to this additional lien. The Borrower has provided the City with an updated appraisal on the Project that shows that the Market Value of the Project, when finished, will be equal to $8,000,000, which includes $7,783,000 for the real estate and $217,000 for the furnishings, fixtures and equipment. Lance Fox with Orgain, Bell & Tucker states in the attached memorandum that the updated appraisal satisfies the requirements of the City's contract with HUD and that the City is authorized to approve the Amendment to the Loan Agreement it has with the Borrower. BUDGETARY IMPACT None. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager and Economic Development Director. RECOMMENDED MOTION Approve/Deny Amendment No. 1 to the City's Loan Agreement with Crockett Street Development, Ltd. EXHIBIT "A" Amendment No. 1 to Loan Agreement See attached. 1 \\LCF_SEC\FOX DOCUMENTS\BOND\BEAUMONT SECTION 108 FINANCING 1999\CROCKETT STREET\2002 DOCUMENTS\CITY RESOLUTIONAOC ORGAIN, BELL & TUCKER, L.L.P. ATTORNEYS AT LAW 470 ORLEANS STREET OTHER OFFICES LANCE FOX PARTNER P. O. BOX 1751 HOUSTON EXTENSION 1376 BEAUMONT,TEXAS 77704 -1 75 1 AUSTIN EMAIL LCF@,0BT COM TELEPHONE (409) 838-5412 SILSBEE FAX (409) 838-6959 WWW.OBT.COM MEMORANDUM TO: City of Beaumont, Texas FROM: Lance Fox DATE: January 11, 2002 RE: Crockett Street Project Financing Attached to this Memorandum is the proposed Amendment No. 1 (the "Amendment") to the City's Loan Agreement with Crockett Street Development, Ltd. (the "Borrower"). The Borrower has requested that the City execute the Amendment in order to allow the Borrower to increase the first lien on the Project to $3,500,000. The City loaned the Borrower $3,000,000 to help finance the development of the Crockett Street Project. This loan was made by the City from HUD funds received by the City. The Borrower's loan with the City is secured by a second lien on the Project that is subordinate only to a first lien in favor of Community Bank&Trust in the amount of$1,000,000. The Borrower needs additional funds to complete the Project and has made arrangements to borrow an additional $2,500,000 from Community Bank & Trust. To obtain this additional loan, the Borrower must be able to grant to Community Bank a first lien on the project in the total amount of Community Bank's loan of$3,500,000. To do so requires the City to consent to this additional lien. The Borrower has provided the City with an updated appraisal on the Project that shows that the Market Value of the Project, when finished, will be equal to $8,000,000, which includes $7,783,000 for the real estate and $217,000 for the funishings, fixtures and equipment. This updated appraisal satisfies the requirements of the City's contract with HUD. Thus, the City is authorized to approve of the Amendment to the Loan Agreement it has with the Borrower. Please contact our office if you have any questions about this matter. Yours truly, Orgain.l1 ell &Tuc er, L.L.P. Lance ox 1 AMENDMENT NO. 1 TO LOAN AGREEMENT (Crockett Street Project) This Amendment No. 1 to Loan Agreement (the Amendment No. 1) is made by and between THE CITY OF BEAUMONT, TEXAS, a Home Rule City incorporated pursuant to the general laws of the State of Texas (hereinafter referred to as "Lender" or "City"), and CROCKETT STREET DEVELOPMENT, LTD. (hereinafter referred to as "Borrower"), whereby the City and Borrower hereby agree to amend that certain Loan Agreement dated November 23, 1999 (the "Loan Agreement") previously entered into between the City and the Borrower. The Loan Agreement was executed by the parties in connection with a $3,000,000 loan made by the City to the Borrower to help finance a portion of the Borrower's costs of development of commercial property located on Crockett Street in Beaumont, Texas, commonly known as "Crockett Street Development Project" (hereinafter referred to as "Project"). The Loan Agreement provides that the City's loan will be secured by a second lien deed of trust on the Project, subordinate only to a first lien deed of trust granted in favor of Community Bank & Trust, SSB, in the amount of $1,000,000 (the "Senior Loan"). The Borrower has requested that the City agree to amend the Loan Agreement to allow the Borrower to increase the amount of the Senior Loan to $3,500,000. Pursuant to such request, and for other good and valuable consideration, the City and the Borrower agree to amend the Loan Agreement as follows: 1. The second sentence of Paragraph 4 of the Loan Agreement is amended to read as follows: `The lien will be a second lien subordinate and junior to a first and senior lien (the "Senior Lien') granted by Borrower in favor of Community Bank & Trust, SSB (the "Senior Lender") to secure a loan being made by Senior Lender to Borrower in an amount not to exceed THREE MILLION FIVE HUNDRED THOUSAND DOLLARS ($3,500,000.00) (the "Senior Loan'). !Lcf Sec;Fox Documents WNDVBeaumont Section 108 Financing 19991Crockett StreetV002 Documents'rlmendment 1 To Loan AgreemencDor 1 2. Paragraph 6L of the Loan Agreement is amended to read as follows: "L. Senior Loan. Not incur any debt or indebtedness to the Senior Lender in excess of THREE MILLION FIVE HUNDRED THOUSAND DOLLARS ($3,500,000.00), and timely perform and discharge the payment of the Senior Loan and the performance of all obligations in connection therewith. Borrower further agrees to promptly advise Lender in writing of any notice of default or similar notice received from Senior Lender. Borrower shall not incur any other senior debt." 3. Except as otherwise herein amended, all other terms and provisions of the Loan Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 1 to be duly executed as of the day of January, 2002. CROCKETT STREET DEVELOPMENT, LTD. THE CITY OF BEAUMONT, TEXAS (Borrower) (Lender) By: Beaumont Crockett Street Management, Inc. Its: General Partner By: By: Name:. Tom Flanagan Name: Stephen J. Bonczek Title: President Title: City Manager lcj Sec'.Foz D xumenrs'HOND`Nenumom Section 108 Financing 19991Cr,)cketl Srreer?002 Documents Amendment I To Loan Agreement Doc 2 RESOLUTION AUTHORIZING AMENDMENT TO LOAN AGREEMENT WITH CROCKETT STREET DEVELOPMENT, LTD. THE STATE OF TEXAS § COUNTY OF JEFFERSON § THE CITY OF BEAUMONT § WHEREAS, The City of Beaumont, Texas (the "City") has adopted a community development program in accordance with Chapter 373 of the Texas Local Government Code, and in connection therewith received a grant from the United States Department of Housing and Urban Development (United States Department of Housing and Urban Development Community Development Block Grant No. B-97-MC-48-0018) for use in improving the environment in the City principally for the benefit of low and moderate income citizens, pursuant to the Housing and Community Development Act of 1974, as amended (hereinafter the "ACT"); and WHEREAS, pursuant to Section 108 of the ACT, the City obtained a loan from HUD in the amount of $11,000,000 to enhance the City's Community Development Program and $3,000,000 of the loan proceeds received by the City were loaned to Crockett Street Development, Ltd. (the "Borrower") to pay for a portion of the Borrower's costs of development of commercial property located on Crockett Street in Beaumont, Texas, commonly known as "Crockett Street Development Project" (hereinafter referred to as "Project"); and WHEREAS, the loan agreement between the City and the Borrower provides that the City's $3,000,000 loan to the Borrower is secured by a second lien deed of trust on the Project, subordinate only to a first lien deed of trust granted in favor of Community Bank & Trust, SSB (the "Senior Lender") in the amount of$1,000,000 (the "Senior Loan"); and WHEREAS, the Borrower has requested that the City agree to amend its loan agreement with the Borrower to allow the Borrower to increase the amount of the Senior Loan to $3,500,000, and the City, having considered such request, finds that the request should be granted. Now, Therefore BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT, TEXAS: 1 \\LCF_SEC\FOX DOCUMENTS\BOND\BEAUMONT SECTION 108 FINANCING 1999\CROCKETT STREET\2002 DOCUMENTS\CITY RESOLUTION.DOC 1. The City Council hereby authorizes the City to amend its loan agreement with the Borrower pursuant to which the Borrower will be permitted to increase the Senior Loan on the Project to $3,500,000, all pursuant to the terms of that certain Amendment No. 1 to Loan Agreement in substantially the form attached hereto as EXHIBIT A. The City Council hereby authorizes the City Manager and any other official of the City to execute the Amendment No. 1 to Loan Agreement on behalf of the City, together with all such other documents and instruments as any such City official may determine to be necessary or appropriate to effectuate the intent and purpose of this Resolution and the the Amendment No. 1 to the Loan Agreement, including but not limited to, execution of a subordination agreement in favor of the Senior Lender, all on such terms as said City official determines to be in the best interest of the City. 2. Open Meeting. It is hereby officially found and determined that the meeting at which this Ordinance was adopted was open to the public, and public notice of the time, place and purpose of said meeting was given, all as required by Chapter 551, Texas Government Code. PASSED AND APPROVED this day of January, 2002. Mayor The City of Beaumont ATTEST: City Clerk The City of Beaumont (SEAL) 2 \\LCF_SEC\FOX DOCUMENTS\BOND\BEAUMONT SECTION 108 FINANCING 1999\CROCKETT STREET\2002 DOCUMENTS\CITY RESOLUTION.DOC 3 Council consider amending Section 21-75 of the Code of Ordinances relating to authorized positions in the Police Department Cit y of Beaumont Council Agenda Item TO: City Council FROM: Stephen J. Bonczek, City Manager PREPARED: Tom Scofield, Chief of Police MEETING DATE: January 22, 2002 AGENDA MEMO DATE: January 09, 2002 REQUESTED ACTION: Consider an Amendment to Municipal Ordinance 99-45, Section 21-75 changing Grade I and Grade II positions. RECOMMENDATION Council consideration of an amendment to Municipal Ordinance 99-45,Section 21-75 changing Grade I Positions from 192 to 194 and Grade II positions from 55 to 53. BACKGROUND As of December 31,2001,Grade II Sergeants,Don Bailey and Lynn Snowden retired.In keeping with the reorganization within the Police Department that began with the October 1997 collective bargaining agreement,a reduction of the Grade 1I position is needed. By reducing this position and increasing the Grade I position,this will accurately reflect the current organization ofthe Police Department as well as allow the utilization of the police specialist positions. BUDGETARY IMPACT The current annual pay for two Grade II Sergeants is $103,704. The annual pay for two Grade I Patrolmen is $67,104 which is a positive budget impact of$36,600. PREVIOUS ACTION None SUBSEQUENT ACTION None RECOMMENDED BY City Manager and Chief of Police RECOMMENDED MOTION Accept/Deny the Amendment to Municipal Ordinance 99-45,Section 21-75 changing Grade I and Grade II positions. Beaumont Police Department V~ Tom Scofield, Chief Office: 409-880-3801 • Fax: 409-880-3844 P.O. Box 3827 lop Beaumont, Texas 77704-3827 M � NL wnvw.ih2000.netjbpd/ January 9, 2002 Mr. Stephen Bonczek City Manager P. O. Box 3827 Beaumont, Texas 77704 Dear Mr. Bonczek, On December 31, 2001, Grade II Sergeants, Don Bailey and Lynn Snowden retired. I am therefore requesting that the City Ordinance Section 21-75 be amended reducing the number of positions in the Grade II category by two from 55 to 53 and reallocating those positions into the Grade I category increasing it from 192 to 194. This request is in keeping with the reorganization of the Police Department that began with the October 1997 contract and continues in the current collective bargaining agreement. Furthermore it allows for the utilization of the police specialist positions in the Criminal Investigations Division. Below is a summary of the changes in proposed personnel allotments: Current: Proposed: Grade f 192 194 Grade II 55 53 Grade III 12 12 Grade IV 3 3 Deputy Chief 2 2 Total 264 264 1 will be glad to provide any additional information necessary. Sincerely, '�/ey e G Tom Scofield Chief of Police ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING SECTION 21-75 OF THE CODE OF ORDINANCES TO AMEND THE GRADE I AND GRADE II POSITIONS IN THE BEAUMONT POLICE DEPARTMENT; PROVIDING FOR SEVERABILITY AND PROVIDING FOR REPEAL. Section 1. THAT Chapter 21,Section 21-75 of the Code of Ordinances of the City of Beaumont be and the same is hereby amended to read as follows: Section 21-75. Grades and Classifications - Police Department The following grades and classifications are hereby established within the Police Department. BE IT ORDAINED BY THE CITY OF BEAUMONT: Grade Classification Positions I Officers 194 11 Sergeants 53 III Lieutenants 12 IV Captains 3 Deputy Chiefs 2 Total 264 Section 2. That if any section, subsection, sentence, clause or phrase of this ordinance, or the application of same to a particular set of persons or circumstances, should for any reason be held to be invalid, such invalidity shall not affect the remaining portions of this ordinance, and to such end the various portions and provisions of this ordinance are declared to be severable. Section 3. All ordinances or parts of ordinances in conflict herewith, including conflicting portions of the City Budget, are repealed to the extent of the conflict only. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 22nd day of January, 2002. - Mayor - 4 Council consider amending Section 26 of the Code of Ordinances establishing minimum parking citation fines effective March 25, 2002 City of Beaumont 2p , g Council A enda Item TO: City Council FROM: Stephen J. Bonczek, City Manager PREPARED BY: Mark Horelica, Transportation Manager MEETING DATE: January 22, 2002 AGENDA MEMO DATE: January 16, 2002 REQUESTED ACTION Council consider an ordinance amending Section 26 of the Code of Ordinances establishing minimum parking citation fines effective March 25, 2002. RECOMMENDATION Administration recommends an ordinance amending Section 26 of the Code of Ordinances establishing minimum parking citation fines effective March 25, 2002. BACKGROUND The Transportation Division completed a study in the Central Business District (CBD) evaluating the existing parking program. This study included a review of the parking citation fine structure in twenty (20) Texas cities comparable to the size of Beaumont or larger. Based on this review, it is recommended that the following minimum parking citation fines be implemented. Existing Fine Proposed Fine Over Parking $ 3 ($6 after 5 days) $10 ($20 after 5 days) No Parking Zone $10 ($20 after 5 days) $15 ($30 after 5 days) Fire Zone $10 ($20 after 5 days) $40 ($70 after 5 days) Miscellaneous Parking $ 5 ($10 after 5 days) $15 ($30 after 5 days) The delivery of the parking citation books,reflecting the new minimum fines,will take approximately sixty (60) days. A March 25, 2002, effective date for the minimum parking citation fines is also recommended. The present parking citation fines will remain in place until that date. BUDG ETA R"V I`I PAC-T The annual revenue generated from this increase is anticipated to be approximately $20,000. The total revenue collected annually from parking citation fines is estimated at $60,000. PREVIOUS ACTION City Council reviewed the Central Business District parking study results and recommendations on January 8, 2002. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager, Public Works Director, City Engineer and Transportation Manager RECOMMENDED MOTION Approve/deny an ordinance amending Section 26 of the Code of Ordinances establishing minimum parking citation fines effective March 25, 2002. Prkng%1trFimscg.yypd January 16.2002 ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING CHAPTER 26, SECTION 26-64 OF THE CODE OF ORDINANCES OF THE CITY OF BEAUMONT TO ADD MINIMUM PARKING CITATION FINES; PROVIDING AN EFFECTIVE DATE; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL; AND PROVIDING A PENALTY. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. THAT Chapter 26, Section 26-64(d) of the Code of Ordinances of the City of Beaumont be and the same is hereby amended to read as follows: Sec. 26-64. Deposit of coins, exceeding time limit. (d) Minimum Fines The minimum fines to be assessed for parking violations are as follows: Over Parking $10.00 ($20 after 5 days) No Parking Zone $15.00 ($30 after 5 days) Fire Zone $40.00 ($70 after 5 days) Other Parking Violations $15.00 ($30 after 5 days) Section 2. That if any section, subsection, sentence, clause or 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. GAMORDINANCIAMEND26-Parking Fines.wpd Section 3. All ordinances or parts of ordinances in conflict herewith, including conflicting portions of the City Budget, are repealed to the extent of the conflict only. Section 4. That any person who violates any provision of this ordinance shall, upon conviction, be punished as provided in Section 1-8 of the Code of Ordinances of the City of Beaumont, Texas. Section 5. This ordinance shall apply to parking citations issued on and after March 25, 2002 and does not affect the validity of fines assessed before that date. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 23 day of January, 2002. - Mayor - GAMORDINANCAMEND\26-Parking Fines.wpd 5 Council consider approving funding for the Chamber of Commerce in the amount of$50,000 for Economic Development purposes IN a~_ 1 tu7ej- City of Beaumont Council Agenda Item � c TO: City Council FROM: Stephen.J. Bonczek, City Manager PREPARED BY: Kyle Hayes, Economic Development Director MEETING DATE: January 22, 2002 AGENDA MEMO DATE: December 13, 2001 REQUESTED ACTION: Consider funding for the Chamber of Commerce in the amount of $50,000 for Economic Development purposes. RECOMMENDATION Administration recommends funding for the Chamber of Commerce in the amount of$50,000 for Economic Development purposes. $50,000 wdl be used for marketing Beaumont and business retention/reendtment efforts. Administration is extremely pleased with the relationship with the Chamber of Commerce. BACKGROUND The City and Chamber of Commerce had a very successful year working together on business retention/recruitment. The City and Chamber worked in partnership to attract West Telemarketing Company to Beaumont(1,000 initial jobs),helped retain and expand Conn's Appliances back office operations and Home Care Supply's medical equipment business. BUDGETARY IMPACT Funds are budgeted for this expenditure in the FY2002 Budget. PREVIOUS ACTION Council approved funding on January 9, 2001 in the amount of $57,500 for the Chamber of Commerce. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager and Economic Development Director RECOMMENDED MOTION Approve/Deny funding for the Chamber of Commerce in the amount of$50,000 for economic development purposes. t Page 2 MAW� ri C City of Beaumont REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS JANUARY 22, 2002 1:30 P.M. CONSENT AGENDA * Approval of minutes * Confirmation of committee appointments A) Authorize the City Manager and the Chief of Police to apply to the Texas Department of Public Safety for funds to purchase and install audio/video recording equipment in police vehicles B) Approve a resolution authorizing release of a paving lien against property described as North %2 Lots 1 and 2, Block 35, Calder Addition C) Approve the purchase of vehicles through the Houston-Galveston Area Council Cooperative Purchasing Program D) Approve the purchase of a directional boring machine for use by the Water Utilities Division E) Approve the purchase of one diesel powered excavator for use by the Clean Community Department F) Approve a contract for the purchase of corrugated polyethylene pipe for use by the Streets and Drainage Division G) Authorize the settlement of the claim of Margaret King H) Authorize the City Attorney or his designee to file and prosecute a lawsuit against Joyce McKinney, d/b/a Classic Kid Learning Academy to collect on a delinquent Small Business Revolving Loan CONSENT AGENDA JANUARY 22, 2002 Committee Appointments A) Authorize the City Manager and the Chief of Police to apply to the Texas Department of Public Safety for funds to purchase and install audio/video recording equipment in police vehicles The 77`h Session of the Texas Legislature adopted an act relating to the prevention of racial profiling by certain police officers entitled Senate Bill 1074. The bill which became effective September 1, 2001 provides guidelines and requirements relating to law enforcement agencies preparing certain "records" in regard to arrests and citations resulting from traffic stops and information related to pedestrian stops (defined as meaning any interaction between a police officer and an individual whose being detained for the purpose of a criminal investigation in which the individual is not under arrest). To receive funding from the Department of Public Safety pursuant to Article 2.137 Code of Criminal Procedure, the governing body of a municipality in conjunction with the law enforcement agency serving the municipality, shall certify to the Department of Public Safety that the law enforcement agency needs funding for video/audio equipment for that purpose. Approval of the resolution would allow application for funding pursuant to this article. The Administration recommends approval of this item. A copy of the staff memorandum is attached for your review. B) Approve a resolution authorizing release of a paving lien against property described as North `/z Lots 1 and 2, Block 35, Calder Addition The Administration recommends approval of a resolution authorizing release of the paving lien. The property described above is located at 93-95 Oakland and currently has a paving lien from 1938 in the amount of$211. Xavier de la Garza purchased this property 24 years ago and is requesting release of this lien. Due to the age of the lien,there are no records available which can substantiate payment. Release of lien will provide an unencumbered title to Mr. Garza to enable the sale of the property. A copy of the staff memorandum is attached for your review. C) Approve the purchase of vehicles through the Houston-Galveston Area Council Cooperative Purchasing Program The Administration recommends authorization for the purchase of vehicles through the Houston- Galveston Area Council (H-GAC) in the amount of$209,752.19. Included in the order are two trucks for the Animal Control Division, three Suburbans for the EMS Division and Fire Department, and one Suburban and truck for the Water Utilities Division. Funds in the amount of $129,173.98 will be expended from the Capital Reserve Fund and funds in the amount of 580,578.21 will be expended from the Water Fund for these purchases. A copy of the staff memorandum is attached for your review. D) Approve the purchase of a directional boring machine for use by the Water Utilities Division The Administration recommends approval of the purchase of a directional boring machine in the amount of$66,423.73 from Ditch Witch of Houston. The directional boring machine allows underground boring for the replacement and installation of water mains and service lines. This unit is an addition to the City fleet, and will complement a larger boring unit which was purchased in December, 2000. Funds are available for this expenditure in the Water Utilities Fund. A copy of the staff memorandum is attached for your review. E) Approve the purchase of one diesel powered excavator for use by the Clean Community Department The Administration recommends approval of the purchase of one Caterpillar Model 330BL diesel powered excavator from Mustang Tractor and Equipment of Beaumont in the amount of$197,601. The unit will be used to maintain the state-mandated level of cover dirt at the Landfill, and will replace a 1990 Kobelco Model 916LC being taken out of service due to age and wear. The old unit will be disposed of according to the City's surplus property disposal policies. Funds for this expenditure are budgeted in the Solid Waste Fund. A copy of the staff memorandum is attached for your review. F) Approve a contract for the purchase of corrugated polyethylene pipe for use by the Streets and Drainage Division The Administration recommends approval of a one-year contract for purchasing pipe with Golden Triangle Pipe at the unit costs reflected in the attached staff memorandum,with an estimated total expenditure of$52,955. The pipe is utilized by the Streets and Drainage Division to replace driveway pipe during the clean out of City ditches. Funds are available for this expenditure in the Public Works Department's operating budget. G) Authorize the settlement of the claim of Margaret King City Council authorized the settlement of this claim in Executive Session on January 8, 2002. There are sufficient funds in the Liability Trust Fund to pay the settlement amount of$15,262.88. A copy of the staff memorandum is attached for your review. H) Authorize the City Attorney or his designee to file and prosecute a lawsuit against Joyce McKinney, d/b/a Classic Kid Learning Academy to collect on a delinquent Small Business Revolving Loan City Council met on January 8, 2002 in Executive Session and agreed to post this item on the regular agenda to consider a resolution authorizing the City Attorney or his designee to file and prosecute a lawsuit. A copy of the staff memorandum is attached for your review. A City of Beaumont Council Agenda Item TO: City Council FROM: Stephen J. Bonczek, City Manager PREPARED: Tom Scofield, Chief of Police MEETING DATE: January 22, 2002 AGENDA MEMO DATE: January 15, 2002 REQUESTED ACTION: Consider an Resolution authorizing the City Manager and the Chief of Police to apply to the Texas Department of Public Safety for funds to purchase and install audio/video recording equipment in police vehicles pursuant to the Provisions of Article 2.137 Texas Code of Criminal Procedure and Senate Bill 1074, an act relating to the prevention of Racial Profiling by certain police officers. RECOMMENDATION Administration recommends authorizing the City Manager and the Chief of Police to make application to the Texas Department ofPublic Safety for funds to purchase audio/video recording equipment for police vehicles pursuant to Article 2.137, Code of Criminal Procedure. BACKGROUND The 7r Session ofthe Texas Legislature adopted an act relating to the prevention of racial profiling by certain police officers entitled Senate Bill 1074. The bill,which became effective September 1,2001 provides guidelines and requirements relating to law enforcement agencies preparing certain"records"in regard to arrests and citations resulting from traffic stops and information related to pedestrian stops (defined as meaning any interaction between a police officer and an individual whose being detained for the purpose of an criminal investigation in which the individual is not under arrest). The act requires the Beaumont Police Department to compile certain select information regarding traffic stops resulting in citations or arrests in 2002(race/if a search was conducted/and if consent was obtained). This information is being compiled based on the traffic citation form used by the department and probable cause affidavits. The act requires that in 2003 law enforcement agencies compile considerable additional information set forth in Article 2.133,Code of Criminal Procedure,if the department does not qualify for the exemption provided by Article 2.135,Court of Criminal Procedure related to the use of video and audio equipment by the department. Article 2.132 of the Court of Criminal Procedure Section b,requires that law enforcement agencies shall examine the feasibility of installing video cameras and transmitter-activated equipment in each agency law enforcement motor vehicle regularly used to make traffic stops and transmitter-activated equipment in each agency law enforcement motorcycle regularly used to make traffic stops.The act does not however,define "regularly used to make traffic stops". The police department currently operates 60 vehicles equipped with video recorders which have been purchased over the past approximately 6 years through grant funding,seized funding,and budgeted funding. The department currently has 94 marked police vehicles and 4 marked police motorcycles. To equip the marked police vehicles would require the expenditure of approximately$139,400(34 units at$4,100 each). To receive funding from the Department of Public Safety pursuant to Article 2.137 Code of Criminal Procedure,the governing body of a municipality in conjunction with the law enforcement agency serving the municipality,shall certify to the Department of Public Safety that the law enforcement agency needs funds for video/audio equipment for that purpose. Approval ofthe resolution would allow application for funding pursuant to this article. BUDGETARYIMPACT None PREVIOUS ACTION None SUBSEQUENT ACTION None RECOMMENDED BY City Manager and Chief of Police RECOMMENDED MOTION Accept/Deny the Resolution authorizing the City Manager and the Chief of Police to apply for funds for video and audio recording equipment from the Texas Department of Public Safety for the equipment from that agency as provided under Article 2.137, Code of Criminal Procedure. B City of Beaumont C Council Agenda Item TO: City Council FROM: Stephen J. Bonczek, City Manager PREPARED BY: Kandy Daniel, Treasurer MEETING DATE: January 22,2002 AGENDA MEMO DATE: January 15, 2002 REQUESTED ACTION: Council consider a resolution authorizing release of a paving lien against property which is described as North '/2 Lots 1 and 2, Block 35, Calder Addition. RECOMMENDATION The administration requests approval of a resolution authorizing release of a paving lien against property which is described as North '/z Lots 1 and 2, Block 35, Calder Addition. BACKGROUND The property described above is located at 93-95 Oakland and currently has a paving lien from 1938 in the amount of$211.00. Xavier de la Garza purchased this property 24 years ago and is requesting release of this lien. Due to the age of the lien, there are no records available which can substantiate payment. Release of lien will provide an unencumbered title to Mr. Garza to enable the sale of property. BUDGETARY IMPACT None. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager and Treasurer. RECOMMENDED MOTION Approve/Deny a resolution authorizing release of a paving lien against property which is described as North '/i Lots 1 and 2, Block 35, Calder Addition. Xavier de la Garza 5205 North Holly Lane Orange, Texas 77632 Re: Paving Lien for 93/95 Oakland To Whom It May Concern: I am writing you to ask for a favor. I bought this property about 24 years ago, and have paid all the taxes since. I am presently trying to sell the property, but there is a paving lien from 1938, something the title company did not tell me about. Could you help me in this respect and release this lien, please? I would appreciate it very much. Sincerely, avier de la Garza c City of Beaumont C Council Agenda Item A - c TO: City Council FROM: Stephen J. Bonczek, City Manager PREPARED BY: Kirby Richard, Central Services Director MEETING DATE: January 22, 2002 AGENDA MEMO DATE: January 9, 2002 REQUESTED ACTION: Council approval of purchase of vehicles through the Houston- Galveston Area Council Cooperative Purchasing Program. RECOMMENDATION Administration recommends authorization for the purchase of vehicles through the Houston- Galveston Area Council(H-GAC) in the amount of$209,752.19. BACKGROUND The Houston-Galveston Area Council Cooperative Purchasing Program provides contracted prices on various types of vehicles to all state, counties, school districts and municipal agencies within Texas. H-GAC is a cooperative purchasing association that provides contracted items to governmental entities that have been bid in accordance with all State procurement statutes. Fees for the service range from 1% - 3% of the total purchase. The price stated includes H-GAC administrative fees of$3,327.19. Six (6) vehicles are eligible for a$1,000 discount from a GM fuel tank settlement agreement. The total to be expended includes this discount. Included in this order are two (2)3/4 ton Chevrolet cab and chassis for the Animal Control Division, three (3) 3/4 ton Chevrolet Suburbans for the EMS Division and Fire Department, one (1) %Z ton Chevrolet Suburban and one(1)Ford F750 crew cab equipped with a four(4)cubic yard dump body for the Water Utilities Division. The Suburbans and 3/4 ton cab and chassis will be provided by Triangle Chevrolet, Inc. in Pt. Arthur and the crew cab dump truck will be provided by Bayou City Ford in Houston. Warranty service will be provided by local authorized dealerships. Warranty of three(3)years or 36,000 miles is provided for the vehicles. Delivery of the vehicles will be in 90-120 days. Purchase of Vehicles January 9, 2002 Page 2 Vehicles to be replaced include unit 7118, a 1997 Suburban with 150,000 miles; unit 7083, a 1987 Suburban with 63,000 miles;unit 7103,a 1990 Suburban with 67,000 miles;unit 2236,a 1995 GMC pickup with 90,000 miles;unit 2235, a 1995 GMC pickup with 85,000 miles;and unit 3212,a 1990 International crew cab with 117,000 miles. These vehicles will be disposed of according to the City's surplus property disposal policies. BUDGETARY IMPACT Funds in the amount of$129,173.98 will be expended from the Capital Reserve Fund and funds in the amount of$80,578.21 will be expended from the Water Fund for this purchase. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager and Central Services Director. RECOMMENDED ACTION Approve/Deny the purchase of vehicles in the amount of $209,034.53 through the Houston- Galveston Area Council Cooperative Purchasing Program. D Cit y of Beaumont Council Agenda Item IMAM I& g TO: City Council FROM: Stephen J. Bonczek, City Manager PREPARED BY: Kirby Richard, Central Services Director MEETING DATE: January 22, 2002 AGENDA MEMO DATE: January 8, 2002 REQUESTED ACTION: Council approval to award a bid for the purchase of one (1) directional boring machine for use by the Water Utilities Division. RECOMMENDATION Administration recommends award of a bid for the purchase of a directional boring machine in the amount of$66,423.73 to Ditch Witch of Houston, Texas. BACKGROUND The directional boring machine allows underground boring for the replacement and installation of water mains and service lines. The unit is equipped with electronic equipment which allows the operator to plot in advance the path of the hole, and map the actual track of the drilling tool after completion for comparison. After boring the hole, the unit will pull the pipe to be installed through the line as the drilling unit is being removed. This method allows for water lines to be replaced under streets or other obstacles without the necessity of breaking out the street to excavate a trench. This unit is an addition to the City fleet, and will complement a larger boring unit which was purchased in December, 2000. This machine will allow City personnel to replace small water mains and service lines (1" through 4" in diameter) in tighter confines and with less impact on adjacent property than with the larger unit. This unit will be used predominantly in residential areas and is less disruptive in that environment than the larger unit. Bid notices were provided to four (4) vendors, with two (2) responding with bids. The bids received are as follow: Purchase of One(1)Directional Boring Machine January 8, 2002 Page 2 Vendor Model'Bid Delivery Time Total Bid Vermeer Equipment of Texas Vermeer Model D7X11A 30 days $64,305 Houston, Texas Ditch Witch of Houston Ditch Witch Model 7-14 days $66,423.73 Houston, Texas JT520 The apparent low bidder, Vermeer Equipment of Texas, took exception to eight (8) performance specification items. The most critical of the exceptions is the weight and length of the unit exceeding the maximum specified by 1,870 pounds and 15 inches, respectively. This is a vital feature due to the reduced risk of property damage with the lighter, smaller unit. It is believed that the heavier unit would cause significant rutting and have a negative impact to adjacent property. Other exceptions are a slower spindle speed than specified; location of operating controls; software quoted will store one (1) boring job of up to 99 pipes before requiring downloading, while specifications required storage of up to ten (10)jobs of 254 pipes each; and the trailer length, width and tire size exceed specifications. Ditch Witch of Houston took exception to five (5) performance specification items. The exceptions are lever activated pipe breakout controls instead of switch activated; no quick fill switch for the drilling fluid pump; single speed carriage; location of operating controls; and a 30 foot vertical range transmitter instead of the specified 50 feet. These exceptions have been reviewed by both Water Utilities and Fleet Maintenance management, and would not adversely affect the capability of this machine to perform the intended functions. The unit carries a one (1) year parts and labor warranty, with service work to be provided by Ditch Witch of Houston. BUDGETARY IMPACT Funds are available for this expenditure in the Water Utilities Fund. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager, Central Services Director and Public Works Director. Purchase of One(1) Directional Boring Machine January 8, 2002 Page 3 RECOMMENDED MOTION Approve/Deny accepting a bid from Ditch Witch of Houston in the amount of$66,423.73 for the purchase of one (1) Model JT520 Ditch Witch directional boring machine with tracking system, drilling fluid transfer system and transport trailer. City of Beaumont Council Agenda Item IL g TO: City Council FROM: Stephen J. Bonczek, City Manager PREPARED BY: Kirby Richard, Central Services Director MEETING DATE: January 22, 2002 AGENDA MEMO DATE: January 15, 2002 REQUESTED ACTION: Council approval to award a bid for the purchase of one (1) diesel powered excavator. RECOMMENDATION Administration recommends award of a bid for the purchase of one (1) Caterpillar Model 330BL diesel powered excavator on a crawler type undercarriage to Mustang Tractor and Equipment of Beaumont in the amount of$197,601. BACKGROUND Bid notifications were provided to ten (10) vendors, with four (4) responding with bids for the purchase of the above-referenced vehicle for the Clean Community Department, Landfill Division. The unit will be used to maintain the state-mandated level of cover dirt at the landfill, and will replace a 1990 Kobelco Model 916LC being taken out of service due to age and wear. This unit will be disposed of according to the City's surplus property disposal policies. Pricing was requested for the purchase of the unit and for a guaranteed repurchase price providing the City with the means to sell the equipment to the original supplier after a term of three (3) or five(5)years. The bids are reflected on the attached tabulation, along with the repurchase options available to the City should either be deemed advantageous to exercise. Equipment placed in service at the landfill is subject to continuous, rigorous operation and historically requires extensive overhauling in three (3) to five (5) years. The unit carries a twelve (12) month or 5,000 service hour warranty, with service work to be performed by Mustang Tractor and Equipment. Delivery time on the new unit is 14-21 days. Purchase of One(1) Diesel Powered Excavator January 15, 2002 Page 2 BUDGETARYIMPACT Funds for this expenditure are budgeted in the Solid Waste Fund. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager, Central Services Director and Clean Community Director. RECOMMENDED MOTION Approve/Deny accepting a bid from Mustang Tractor and Equipment in the amount of$197,601 for the purchase of one (1) Caterpillar Model 3')0131, excavator. Purchase of One (1) Diesel Powered Excavator BID TAB BID OPENING DATE: Thursday, Janaury 10, 2002 @ 2:00 pm BID NUMBER: BF1202-22 iiVendor Mustang Tractor& Equipment Rush Equipment Center CLM Equipment Co. I I 1 City /State _ -Beaumont, TX _ Houston TX Nederland, TX _. - I I Manufacturer and Model Bid Caterpillar Model 330 BL John Deere 330C LC Kobelco SK330LC !Total 11 $197,601.001 $205,019.001 $212,079.0011 II I Repurchase-3 yrs II $143,481.00 No Bid $129,000.001 IRepurchase-5 yrs 1 $119,567.001 No Bid,� $98,000.00 ,Delivery Time _ _ I_ _ 7 Days _ _� — 60 Days _. 1_ _ 14-21 Days___ _ 1 (Vendor j Waukesha-Pearce Ind. 1 City/State _ _ _ _ 1 _ Port Arthur, TX _ �1 1 Manufacturer and Model Bid 1 Komatsu PC300LC-6 j �1Total I; $215,000.00 I jlRepurchase-3 yrs 1i $143,350.001] !Repurchase-5 yrs No Bid (;Delivery Time 7-10 Days _ �I F City of Beaumont Council Agenda Item TO: City Council FROM: Stephen J. Bonczek, City Manager PREPARED BY: Kirby Richard, Central Services Director MEETING DATE: January 22, 2002 AGENDA MEMO DATE: January 15, 2002 REQUESTED ACTION: Council approval of a contract for the purchase of corrugated polyethylene pipe. RECOMMENDATION Administration recommends award of a one (1) year contract for purchasing corrugated polyethylene pipe to Golden Triangle Pipe at the unit costs reflected in the attached bid tabulation, with an estimated total expenditure of$52,955. BACKGROUND The contract specifies that the successful bidder shall provide approximately 11,000 feet of various size corrugated polyethylene pipe at fixed unit costs for one (1) year from date of award for use by the Public Works Department, Streets and Drainage Division. The pipe is utilized by the Streets and Drainage Division to replace driveway pipe during cleanout of City ditches. Existing pipe which is damaged, improperly sized, or not set at correct grade is replaced as needed. Twenty-nine (29) vendors were notified with seven (7) submitting bids. The product bid by Golden Triangle Pipe has been utilized previously and meets specifications set forth in the bid. BUDGETARY IMPACT The contract provides for the vendor to furnish approximately 11,000 feet of corrugated polyethylene pipe at fixed costs as reflected in the attached bid tabulation. The total estimated expenditure is $52,955 for the one (1) year contract period. Annual Contract for Corrugated Polyethylene Pipe January 15, 2002 Page 2 The previous contract period prices were as follow: $2.89 per foot for 12" diameter; $3.69 per foot for 15"; $4.97 per foot for 18"; $8.04 per foot for 24"; and $16.87 per foot for 36". Funds are available for this expenditure in the Public Works Department's operating budget. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager, Central Services Director, and Public Works Director. RECOMMENDED MOTION Approve/Deny award of a one (1) year contract for purchasing corrugated polyethylene pipe to Golden Triangle Pipe at the following unit costs: $2.52 per foot for 12" diameter; $3.52 per foot for 15"; $4.82 per foot for 18"; $7.70 per foot for 24"; and $16.25 per foot for 36". BID TABULATION FOR ANNUAL CONTRACT FOR CORRUGATED POLYETHYLENE PIPE ,BID NUMBER: RF1102-07 1� Golden Triangle Pipe Coburn Supply Co. Moore Supply Co. Rural Pipe&Supply �I Est. Description Beaumont,Texas 77705 _ Beaumont,Texas 77701 -Beaumont,TTexas 77701 Jasper,Texas 75951 Qty Unit T Total 1 Unit Total _ Unit _� Total_ �- Unit - Total - 1 10_00 ft 12"Smooth Interior Corrugated Pipe $2.520 $2,520.00 $2.50 _ $2,500.00_ $2.55._ $2,550.00 $2.60 $2,600.001 6000 ft 15"Smooth Interior Corrugated Pipe _ $3.5201 - $21,120.0_0 1 $3.40 $20,400.00 - $3:571 $21,420.00 $3.651 $21,900.0011 20_00 ft�18"Smooth Interior Corrugated Pipe $4.820 $9,640.00 -$4.941 - $9,880.00_ $4.88 _ $9,760.00 $_4.98 $9,960.00.1 1500 ft-24"Smooth Interior Corrugated Pipe �_ $7.700 1 - $11,550.001 $8.0_61 $12,090.00 _ $7.80 _$11,700..00 $7.97_ $11,955.001 500 ft ,36"Smooth_Interior Corrugated Pipe $1.6_250 _$8,125.00 -- $17.16 _._ $8,580_00 $16.43, $8215.00, - - . �. X8,385,0- I _ Total Bid - $52,955.001 - $53,450.001 $53,645.0_01 _ $54,800.00 Manufacturer Bid _ ADS.- _ Hancor = = ADS = i = ADS - _ - 1 - - Lumberton Culvert Sales ACT Pi P a&Supply Co. T Seabreeze Culvert Est. 1 Description Lumberton Texas 77657 Houston,Texas 77034 _Stowell,Texas 77661 _ _.— _- - . .Qty _ Unit _Total � _Unit i _ Total _ Urn_ t _ To_taI_ _ 1000 ft_ 12"Smooth Interior Corrugated Pipe $2.70 $2,700.00 $2 77 $2 770.00 _ $0.00 . - 6000 ft 15"Smooth Interior Corrugated Pipe _ $3.64 $21,840.00 $3.69 $22,140.00 _$0.00 N/B� 2000 ft 118"Smooth Interior Corrugated Pie $4.921 $9,840.00 _ $5.381 $10,760.00 $0.00. N/Bi 00 ft X24"Smooth Interior Corrugated $8.03 $12,0_45.00 _$8.56 _$12,840.00 _ $0.00 15_ ated Pipe_ 1 _ B 500 ft .36"Smooth Interior Corrugated Pipe _ $16.74 = $8,370.001 $17.98_ $8 990.00 I - $0.00 - N/B Total Bid - _ - _ _$54,795.60 _ $57,500.00 - _ $0.00 1Manufacturer Bid - - --Not stated = = Hancor _ N/A = G Cit y of Beaumont CEI. Council Agenda Item 'Miligullmoulmormm TO: City Council FROM: Stephen J. Bonczek, City Manager PREPARED BY: Matt Martin, Liability Administrator MEETING DATE: January 16, 2002 AGENDA MEMO DATE: January 22, 2002 REQUESTED ACTION: Consider a resolution authorizing the settlement of the claim of Margaret King. RECOMMENDATION Council approval of a resolution authorizing the settlement of the claim of Margaret King. BACKGROUND Council authorized the settlement of this clain in Executive Session January 8, 2002. BUDGETARY IMPACT There are sufficient funds in the Liability Trust Fund to pay the settlement amount of$15,262.88. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager and City Attorney. RECOMMENDED MOTION Approve/Deny a resolution authorizing the settlement of the claim of Margaret King. G:\ WESOLUTIICLAIMLAW.DOCUting-MM-1-02.wpd RESOLUTION NO. WHEREAS,the claim of Margaret King has been discussed in an Executive Session properly called and held Tuesday, January 8, 2002; and, WHEREAS, the Council desires to authorize the settlement of the claim; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Attorney be and he is hereby authorized to settle the claim of Margaret King in the amount of Fifteen-Thousand Two-Hundred Sixty-Two and 88/100 ($15,262.88) Dollars. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 22nd day of January, 2002. - Mayor - G:1CG\RESOLUTIICLAIMLAW.DOC\RESO-CLAimmng 1-22-02,wpd.wpd -�- City of Beaumont Council Agenda Item TO: City Council FROM: Stephen J. Bonczek, City Manager PREPARED BY: David K. Boyer, Assistant City Attorney MEETING DATE: 22 January 2002 AGENDA MEMO DATE: 17 February 2002 REQUESTED ACTION: Council consider a resolution authorizing the City Attorney or his designee to file and prosecute a lawsuit against Joyce McKinney, d/b/a Classic Kid Learning Academy to collect on a delinquent Small Business Revolving Loan. RECOMMENDATION Council approval of a resolution authorizing the City Attorney or his designee to file and prosecute a lawsuit against Joyce McKinney, d/b/a Classic Kid Learning Academy to collect on a delinquent Small Business Revolving Loan. BACKGROUND On 8`'January 2002 in Executive Session of the City Council pursuant to the posted agenda item and in compliance with §551.071 of the Texas Government Code met with its attorneys and considered matters related to the request of the Small Business Loan Committee for legal action against Joyce McKinney, d/b/a Classic Kid Learning Academy to collect a delinquent loan. Having considered the issue listed Council agreed to post the request on the regular agenda to consider a resolution authorizing the City Attorney or his designee to file and prosecute a lawsuit against Joyce McKinney,d/b/a Classic Kid Learning Academy to collect on a delinquent Small Business Revolving Loan. BUDGETARY IMPACT $6215.14 Principal and Interest as of 8 Jaunuary 2002 with interest accruing at $1.12 per day. PREVIOUS ACTION None. S:IAGENDAIAGENDA ITEM MEMOS\Classic Kids Adgenda Itemmpd SUBSEQUENT ACTION None. RECOMMENDED BY David K. Boyer, Assistant Attorney and Lane Nichols, City Attorney. RECOMMENDED MOTION Approve/Deny a resolution authorizing the City Attorney or his designee to file and prosecute a lawsuit against Joyce McKinney, d/b/a Classic Kid Learning Academy to collect on a delinquent Small Business Revolving Loan. SAAGF.NDA\AGFNDA ITEM MEMOWlassic Kids Adgenda Item.wpd