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HomeMy WebLinkAboutPACKET MAY 07 2002 19~ City y o Beaurnont REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS MAY 7, 2002 1:30 P.M. AGENDA OPENING * hivocation Pledge Roll Call ELECTION CERTIFICATION - MAYOR AND TWO COUNCILMEMBERS-AT- LARGE Consider approval of an ordinance canvassing the results of the May 4, 2002 City General Election, and if necessary, a Mayoral Runoff Election for May 18, 2002 * Administration of the oath of office Recess RECONVENE MEETING OPENING • Presentations and Recognition • Public Comment: Persons may speak on scheduled agenda items • Consent Agenda GENERAL BUSINESS 1. Consider the purchase of 16 refuse and trash trucks for the Clean Community Department 2. Consider nominating Goodyear Tire & Rubber Company as an"Enterprise Project" pursuant to the Texas Enterprise Zone Act 3. Consider approval of a conditional commitment for a contract between the City of Beaumont and Family Services of Southeast Texas, Inc. in an amount up to 5350,000 using funds from the 2001 HOME Grant Program to provide rehabilitation construction cost assistance to a 17-unit transitional housing facility COMMENTS • Councilmembers comment on various matters • City Manager's Report - FY2002 Budget Summit; Strategic Action Plan 2002 Quarterly Status Report; Terrorism Drill • 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: Vaughn Stephen Ayres, Jr. v. City of Beaumont, et al 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. ELECTION CERTIFICATION Mayor and Two Councilmembers-At-Large Consider approval of an ordinance canvassing the results of the May 4, 2002 City General Election, and if necessary, a Mayoral Runoff Election for May 18, 2002 Cit y of Beaumont • Council Agenda Item TO: City Council FROM: Stephen J. Bonczek, City Manager PREPARED BY: Lolita Ramos, Interim City Clerk MEETING DATE: May 7, 2002 AGENDA MEMO DATE: April 15, 2002 REQUESTED ACTION: Council approve an ordinance canvassing the May 4, 2002 General Election, and if necessary, a Runoff Election for May 18, 2002 RECOMMENDATION Council canvass the results of the May 4, 2002 election for Mayor and two Councilmembers-At-Large, and if necessary, a Mayoral Runoff Election for May 18, 2002. BACKGROUND Article IV, Section 2, of the City Charter requires that within five days after an election, the Council shall meet and canvass the returns and officially declare the results. Results will be available for review on Monday, May 6, 2002. This ordinance will canvass the results of the May 4, 2002 election to elect a Mayor and two Councilmembers-At-Large. Elected officials will be sworn in and take office in their respective positions. Article IV, Section 4, of the City Charter requires that a Mayoral candidate receive a majority of all votes cast in the general election, a runoff election for such position shall be called to be held fourteen (14) days following the date of the general election. The runoff election will be held between the two candidates who received the greatest number of votes cast in the general election for such position. BUDGETARY IMPACT Estimated expense to conduct an election is $34,000, which will be shared pro rata with the Beaumont Independent School District. Should a runoff election become necessary, the City Beaumont would bear the total expense. PREVIOUS ACTION The election was ordered by Ordinance No. 02-018 on March 5, 2002. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager and Interim City Clerk RECOMMENDED ACTION Approve/Deny an ordinance canvassing the May 4, 2002 General Election, if necessary, a Runoff Election, May 18, 2002. ORDINANCE NO. AN ORDINANCE CANVASSING THE RETURNS OF THE GENERAL ELECTION HELD IN THE CITY OF BEAUMONT ON THE 4TH DAY OF MAY, 2002, FOR THE PURPOSE OF ELECTING A MAYOR AND TWO COUNCILMEMBERS-AT-LARGE;AND PROVIDING FOR SEVERABILITY. WHEREAS, the City Council of the City of Beaumont, in session, duly called the general election to be held on the 4th of May, 2002, and the election returns of the ballots cast in said election were canvassed for the following officials: Official for the office of Mayor; Officials for the offices of Councilmembers-At-Large. WHEREAS, after duly canvassing said returns,the City Council finds that the votes cast at said election for the candidates for said offices are as follows: Office of Mayor: Votes Percentage Christopher King Phelan ### #.##% Evelyn M. Lord ### David W. Moore ### Office of Councilmember at Large: Ernest "Curley" Provo ### #.##% Terrance D. Grant-Malone ### #.##% Donna L. Ferchak ### #.##% Becky Ames ### #.##% Andrew P. Cokinos ### #.##% Jude Paredez ### #.##% NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That the results of said regular City election be and the same are hereby declared to have been as herein set out, and the following named persons were elected to the respective positions subject to the taking of their oaths of office as provided by the laws of the state of Texas: For Mayor: NAME For Councilmember-At-Large: NAME For Councilmember-At-Large: NAME Section 2. The City Council of the City of Beaumont further finds that notice of said election was duly and properly given as required by law, and that said election was duly held and returns thereof were duly made by the proper officials of said election and in all things according to law. Section 3. That if any section, subsection, sentence, clause, or phrase of this ordinance or the application of same to a particular person, or to a particular set of circumstances, should for any reason be held invalid, such invalidity shall in no way affect the remaining portions of this ordinance and to such end, the various portions and provision of this ordinance are declared to be severable. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Beaumont, this the 7th day of May, 2002. - Mayor- ORDINANCE NO. AN ORDINANCE CANVASSING THE RETURNS OF THE GENERAL ELECTION HELD IN THE CITY OF BEAUMONT ON THE 4TH DAY OF MAY, 2002, DECLARING THE NUMBER OF VOTES CAST; FOR THE PURPOSE OF ELECTING TWO COUNCIL MEMBERS AT LARGE; RATIFYING A PREVIOUSLY ORDERED RUNOFF ELECTION TO BE HELD IN THE CITY OF BEAUMONT, TEXAS, ON THE 18TH DAY OF MAY, 2002, TO DETERMINE WHO SHALL BE MAYOR; NAMING THE PLACES WHERE SAID ELECTION SHALL BE HELD; APPOINTING OFFICERS TO PRESIDE OVER SAID ELECTION; PROVIDING FOR THE FORM OF BALLOT FOR USE IN SAID ELECTION; PROVIDING FOR SEVERABILITY;AND PROVIDING FOR REPEAL.AND PROVIDING FOR SEVERABILITY. WHEREAS, the City Council of the City of Beaumont, in session, duly called the general election to be held on the 4th of May, 2002, and the election returns of the votes cast in said election were canvassed for the following officials: Official for the office of Mayor; Official for the office of Councilmember-At-Large; Official for the office of Councilmember-At-Large WHEREAS, after duly canvassing said returns, the City Council finds that the votes cast at said election for the candidates for said offices are as follows: Office of Mayor: Votes Percentage Christopher King Phelan ### #.##% Evelyn M. Lord ### #.##% David W. Moore ### #.##% Office of Councilmember-At-Large: Ernest "Curley" Provo ### #.##% Terrance D. Grant-Malone ### #.##% Donna L. Ferchak ### #.##% Becky Ames ### #.##% Andrew P. Cokinos ### #.##% Jude Paredez ### #.##% NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That the results of said regular City election be and the same are hereby declared to have been as herein set out, and the following named persons were elected to the respective positions subject to the taking of their oaths of office as provided by the laws of the state of Texas: For Councilmember At Large: NAME For Councilmember At Large: NAME The City Council of the City of Beaumont further finds that notice of said election was duly and properly given as required by law and provided in the ordinance calling for said election, was duly and regularly held and returns thereof were duly made by the proper officials of said election and in all things according to law. Section 2. That in accordance with the provisions of the City Charter of the City of Beaumont,the laws of the State of Texas thereto, and Ordinance No. 02-018,there shall be held in the City of Beaumont on the 18th day of May, 2002, a runoff election for the purpose of electing an officer for the office of Mayor. The election shall be held in accordance with Ordinance No. 02-018 and such Ordinance No. 02-018 is ratified and approved hereby. Section 3. That said election shall be held in the City of Beaumont between the hours of 7:00 a.m. and 7:00 p.m. at the places listed in Exhibit "A" attached hereto and made a part hereof for all purposes. The persons whose names appear in Exhibit"A" are appointed presiding judges and alternates for the respective polling places with authority to select and appoint clerks: Pursuant to Sections 32.032 and 32.033 of the Texas Election Code, the presiding judge for each election precinct shall appoint a minimum of two (2) clerks, and the City Clerk may authorize as many additional clerks as are deemed necessary for the proper conduct of the election. Section 4. That an electronic voting system, as described by Title 8 of the Texas Election Code, shall be used for said election; and the following are hereby appointed officers of said election to serve at the Central Counting Station, which is hereby established at the Mid-County Building, 2748 Viterbo Road, Nederland, Texas; Manager of the Central Counting Station, Byron Broussard, Tabulation Supervisors, Paul Helejda and Ken Seholm; Presiding Judge of the Central Counting Station, Rebecca Hoge, Deputy City Clerk. The official ballots, ballot cards, and ballot labels, respectively, for the election shall be prepared in accordance with the Texas Election Code. Section 5. That the City Clerk is hereby appointed clerk for early voting; and pursuant to Section 83.034 of the Texas Election Code, the appointment of Rebecca A. Hoge as deputy early voting clerk is approved, said appointment being without additional compensation. The official ballot cards and ballot labels, respectively,for the election shall be prepared in accordance with the Texas Election Code. Early voting shall be conducted by a clerk for early voting, namely, Lolita Ramos, Interim City Clerk, and the place in which the early voting by personal appearance shall be conducted is designated at the City Hall, City Clerk's Office, Room 125, 801 Main Street, Beaumont, Texas, 77701. Early voting ballot applications and ballots voted by mail shall be sent to the City Clerk's Office, P.O. Box 3827, Beaumont, Texas, 77701. The clerk shall keep the said office open for at least eight (8) hours between 8:00 a.m. and 5:00 p.m. on each day for early voting which is not a Saturday,a Sunday,or an official State holiday; provided,however,except as authorized by Section 85.005(a),Texas Election Code,said clerk shall not permit anyone to vote early by personal appearance on any day which is not a regular day for the clerk's office, and under no circumstances shall she permit anyone to vote early by personal appearance at any time when her office is not open to the public. Early votes by personal appearance and by mail shall be counted by an early voting ballot board consisting of a presiding judge and two clerks, and the City Clerk may authorize as many additional clerks as are deemed necessary. Barbara Fritschel, is hereby appointed Presiding Judge of the Early Voting Ballot Board; and she shall appoint the clerks. Section 6. This ordinance shall be finally passed on the date of its enactment and shall take effect immediately upon its passage and signature by the Mayor. The City Clerk is hereby authorized to attest to same and to affix the seal of the City of Beaumont herto. Section 7. That if any section, subsection, sentence, clause, or phrase of this ordinance or the application of same to a particular person, or to a particular set of circumstances, should for any reason be held invalid, such invalidity shall in no way affect the remaining portions of this ordinance and to such end, the various portions and provision of this ordinance are declared to be severable. Section 8. All ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Beaumont, this the 7th day of May, 2002. - Mayor David W. Moore - ATTEST: Lolita Ramos, Interim City Clerk EXHIBIT "A" - 2002 GENERAL ELECTION RUNOFF May 18, 2002 Precinct Polling Location Judge Alternate 001 French Elementary School Don E. Hegele Yvonne Smith 3525 Cleveland Avenue Beaumont, Texas 77703 002 Smith Middle School Bettye DeSoto Louis B. Desoto 4415 Concord Beaumont, Texas 77703 003 Brown Alternative Center Etta Lois Hope Betty Spears 1900 Pope Street Beaumont, Texas 77703 004 Administration Building Dr. Bruce R. Drury Cherry Ford 3395 Harrison Avenue Beaumont, Texas 77702 005 Caldwood Elementary Jimmie O'Neal Dolorous Kelley 102 Berkshire Lane Beaumont, Texas 77707 006 Central Senior High School William Cullins Celeste V. Johnson 88 Jaguar Beaumont, Texas 77702 007 O.C. "Mike" Taylor Career Judy Boutte Jean Runnels Center 2330 North Beaumont, Texas 77702 008 Magnolia Baptist Church Sheila Hebert 2830 Pine Street Beaumont, Texas 77703 010 Scott Olive Baptist Church Nanette Y. Cantue Leslie Cantue 1050 Ewing Beaumont, Texas 77701 011 Jefferson County Courthouse Rose Marie Owens Lorenzo Lee Owens 1149 Pearl Street Beaumont, Texas 77701 012, 013 Dunbar Elementary Revordia Williams Kathryn Fontenot 825 Jackson Beaumont, Texas 77701 014 Ogden Elementary School Lillian Frye Marilyn Frazier 2300 Victoria Beaumont, Texas 77701 015 King Middle School Annie Pumphrey Olivia Gonzales 1400 Avenue A Beaumont, Texas 77701 016 Fletcher Elementary School Herman Davis, Jr. Rose Davis 1055 Avenue F Beaumont, Texas 77701 017,026,090 Municipal Airport Donna D. Hargraves Bobbie F. Watson 455 Keith Road Highway 90 Beaumont, Texas 77713 018 Ozen High School Dorothy S. Thomas Levora Anderson 3443 Fannett Road Beaumont, Texas 77705 019 BISD Administration Annex Leonie Bodin Leo Lemell 1025 Woodrow Beaumont, Texas 77705 020 Pietzsch Elementary Grace B. DeMary Isadora Thomas 4301 Highland Avenue Beaumont, Texas 77705 022 Guess Elementary School Vickie Clement Kathie Walker 8055 Old Voth Road Beaumont, Texas 77713 023 LNVA James Boykin Karlene Boykin 7850 Eastex Freeway Beaumont, Texas 77708 027,078,086 Amelia Elementary Huberta Maynor Maedell Janecka 565 South Major Drive Beaumont, Texas 77707 039 Blanchette Elementary Maudry Plummer Isabelle Sonnier 2400 Lela Beaumont, Texas 77705 062 Sallie Curtis Elementary Ward McCurtain Edna E. McCurtain 6225 North Circuit Drive Beaumont, Texas 77706 063 Lucas Elementary Thelma Nobles Sallie Cannon 1750 East Lucas Beaumont, Texas 77703 064,092 Beaumont Community Players Mary B. Francis Leona Moore 5515 Phelps Beaumont, Texas 77705 065 Regina-Howell School Peter J. Bevlaqua Verna Bevlaqua 5850 Regina Lane Beaumont, Texas 77706 067,021 South Park Middle School Viola Koenig Marjorie Applebach 4500 Highland Avenue Beaumont, Texas 77705 068 Austin Middle School Bobby T. Cowart Dot Wilkerson 3410 Austin Beaumont, Texas 77706 072 Southern Star Gymnastics Oleta Holmes Mary White 6025 Highway 105 Beaumont, Texas 77713 073 George Marshall Middle School Ella M. Sanders John O. Clayton 6455 Gladys Beaumont, Texas 77706 075 Lamar University McDonald Gym 440 MLK, Jr. Pkway Beaumont, Texas 77705 077 St. Pius X Church Schieketha Simmons E. Lois Simmons 5075 Bigner Road Beaumont, Texas 77708 079,100 Tennis Center John N. Mistrot Mary Malone 6455 College Beaumont, Texas 77707 084 Fehl School Ora J. Magee Carolyn R. Calhoun 3350 Blanchette Beaumont, Texas 77701 085 OCAW Hall Alice M. Dyes Vedene Davenport 2490 South 1111 Street Beaumont, Texas 77701 087,088,099 Pine Burr Baptist Church Mary Ehrensberger Nannie Chiappetta 5095 Pine Burr Blvd. Beaumont, Texas 77708 089 Ridgewood Retirement Center Ruth T. Cole 2520 I H 10 E Beaumont, Texas 77703 104 Wesley United Methodist Church 3890 Dowlen Road Beaumont, Texas 77706 1 May 7, 2002 Council consider the purchase of sixteen (l 6) refuse and trash trucks for the Clean Community Department City of Beaumont Council Agenda Item TO: City Council FROM: Stephen J. Bonczek, City Manager PREPARED BY: Kirby Richard, Central Services Director MEETING DATE: May 7, 2002 AGENDA MEMO DATE: April 30, 2002 REQUESTED ACTION: Council consider the purchase of sixteen(16)refuse and trash trucks. RECOMMENDATION Administration recommends the purchase of twelve (12) automated refuse trucks, two (2) grappler trucks and two (2)trash trailer trucks through the Houston-Galveston Area Council(H-GAC) in the amount of$2,218,790 for the Clean Community Department. BACKGROUND The current fleet of automated side loader trucks purchased in 1995 and four (4) grappler and trash trailer trucks purchased in 1991 and 1992 are scheduled for replacement in Fiscal Year 2003. However, increased maintenance and pending Environmental Protection Agency (EPA) regulations regarding diesel engines manufactured for Class 7 and 8 heavy duty trucks prompted staff to consider replacing the fleet earlier than anticipated. Beaumont converted to the automated side loading refuse collection system in 1988 with the initial purchase of ten(10)Volvo Xpeditor trucks scheduled to be replaced every six(6)to seven(7)years. In 1995, twelve(12) Volvo Xpeditor trucks were purchased as replacement units. The current fleet is beginning to experience increased maintenance and downtime due to failures in the drive train components. The daily operation and harsh driving conditions will exacerbate the need for repairs as the trucks age. In addition, the EPA has accelerated the implementation date for the production of lower nitrogen oxides(NOx) emission in engines manufactured by Cummins, Caterpillar, Mack, Detroit Diesel and Volvo to October 1,2002. Engine makers were required to comply with the lower emissions by 2004 but a consent decree mandates that the stated manufacturers comply with the lower emissions standards Purchase of Refuse Trucks April 29, 2002 Page 2 by October 2002 to compensate for alleged"off road"excess NOx emissions on diesel engines made in the 1990s. The Cummins engine is the preferred engine for refuse trucks and the City's heavy fleet. Cummins has designed an engine that will meet the reduced emissions guidelines but at this time it has not been certified by the EPA, thus the availability of the redesigned engine in October is uncertain. Volvo is not providing production dates for the Xpeditor until the redesigned engine is approved. Once approved, the trucks may require extensive redesign to accommodate the weight and cooling system for the new engine. As of today, truck manufacturers will not provide a production date for models ordered after October V. Trucks ordered prior to October 2002 could be delivered within 90-120 days, thus assuring the City with meeting its fleet replacement schedule and eliminating extensive maintenance costs to the current fleet should new truck production be postponed. Sixteen(16)trucks will be ordered through H-GAC at a total cost of$2,218,790. The trucks consist of twelve (12) Volvo Xpeditor tandem axle trucks with Heil Rapid Rail automated side loaders equipped with a 32 cubic yard capacity body, two (2) Volvo Xpeditor tandem axle trucks equipped with grapplers and a 32 cubic yard capacity trash body and two(2)cab and chassis with fifth wheel and 45 cubic yard capacity trash trailers. The new units will replace the twelve(12)automated side loader refuse trucks currently in service and units 3216, 3217, 3226,and 3227. The four(4)units consist of two(2) 1991 Ford trash trailer trucks and two (2) 1992 White GMC grappler trucks. Warranty service will be provided by the local Volvo service dealer. The trucks will be warranted for a period of one (1)year. Heil Environmental, the contracted supplier of the Rapid Rail automated side loader, has offered a trade in amount of$30,000 each for the twelve(12)automated side loader trucks. The remaining four (4)trucks to be replaced will be disposed of according to the City's surplus property disposal policies. H-GAC is a cooperative purchasing association available to governmental entities. All items have been bid in accordance with the State of Texas Procurement statutes. Recent changes in H-GAC's policies have resulted in lower administrative fees charged to participating agencies. The total price stated includes an H-GAC administrative fee of$1,000. BUDGETARY IMPACT Funds for this purchase will be available through a lease financing agreement for the net amount of $1,858,790. Purchase of Refuse Trucks April 30, 2002 Page 3 PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager, Central Services Director and Clean Community Director. RECOMMENDED ACTION Approve/Deny the purchase of sixteen(16)trucks through the Houston-Galveston Area Council in the amount of$1,858,790 which includes a trade in of$360,000 for twelve (12) automated side loader trucks. 2 May 7,2002 Council consider nominating Goodyear Tire&Rubber Company as an"Enterprise Project"pursuant to the Texas Enterprise Zone Act City of Beaumont •� Council Agenda Item TO: City Council FROM: Stephen J. Bonczek, City Manager PREPARED BY: Kyle Hayes, Economic Development Director MEETING DATE: May 7, 2002 AGENDA MEMO DATE: May 2, 2002 REQUESTED ACTION: Consider nominating Goodyear Tire & Rubber Company as an "Enterprise Project" pursuant to the Texas Enterprise Zone Act. RECOMMENDATION The Administration recommends approval of nominating Goodyear Tire & Rubber Company as an "Enterprise Project" pursuant to the Texas Enterprise Zone Act. BACKGROUND The Goodyear Tire& Rubber Company-Beaumont Chemical Plant is requesting that the City of Beaumont consider nominating Goodyear to the State of Texas as an"Enterprise Project" for job retention benefits. The Beaumont/Nederland/Jefferson County Enterprise Zone was designated on January 9, 1998. An enterprise zone is an area designated by the State of Texas that offers a combination of state and local economic incentives in order to promote economic development, provide employment opportunities, and encourage new investment in economically distressed areas. State incentives may include sales and use tax refunds on machinery and equipment purchases and franchise tax refunds. Goodyear manufactures synthetic rubber in Beaumont which is primarily used in tire and sporting goods applications. Goodyear projects to spend more than$77 million in the next four years with 40% focused on productivity initiatives. Goodyear expects to retain at least 310 existing jobs throughout the project period. A letter from Lou Perfetti, Plant Manager, is attached for your review. BUDGETARYIMPACT None. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager and Economic Development Director. RECOMMENDED MOTION Approve/Deny nominating Goodyear Tire&Rubber Company as an"Enterprise Project'pursuant to the Texas Enterprise Zone Act. RESOLUTION NO. 01- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BEAUMONT, TEXAS NOMINATING GOODYEAR TIRE AND RUBBER COMPANY, AS AN "ENTERPRISE PROJECT" PURSUANT TO THE TEXAS ENTERPRISE ZONE ACT. WHEREAS, the Texas Department of Economic Development ("Department") has designated the Beaumont/Nederland/Jefferson County Enterprise Zone (the "Zone") on January 9, 1998; and WHEREAS, Department will consider The Goodyear Tire & Rubber Company ("Goodyear") as an enterprise project pursuant to a nomination and an application made by the City of Beaumont, Texas (the "City"); and WHEREAS, the City desires to pursue the creation of the proper economic and social environment in order to induce the investment of private resources in productive business enterprises located in the Zone and to provide employment to residents of the Zone and to other economically disadvantaged individuals; and WHEREAS, pursuant to Chapter 2303, Subchapter F of the Texas Enterprise Zone Act, Texas Government Code (the "Act"), Goodyear has applied to the City for designation as an enterprise project; and WHEREAS, the City finds that Goodyear, or its successor in interest, meets the criteria for designation as an enterprise project under Chapter 2303, Subchapter F of the Act on the following grounds: 1. Goodyear is a "qualified business" under Section 2303.402 of the Act since it will be engaged in the active conduct of a trade or business in the Zone and at least twenty-five percent (25.0%) of the business' new employees will be residents of a Zone within the City's jurisdiction or economically disadvantaged individuals; 2. Goodyear is located in the Zone, or has made a substantial commitment to locate in the Zone, which has an unemployment level of at least one and one-half (1 Y2) times the State of Texas unemployment rate. 3. There has been and will continue to be a high level of cooperation between public, private, and neighborhood entities within the Zone; and 4. The designation of Goodyear as an enterprise project will contribute significantly to the achievement of the plans of the City for development and revitalization of the Zone. WHEREAS, the City finds that Goodyear meets the criteria for tax relief and other incentives adopted by the City and nominates Goodyear on the grounds that it will be located wholly within the Zone, will create a higher level of employment, economic activity and stability; and WHEREAS, the City finds that it is in the best interest of the City to nominate Goodyear as an enterprise project pursuant to the Act; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT, TEXAS: That the findings of the City and its actions approving this resolution taken at the council meeting are hereby approved and adopted. BE IT FURTHER RESOLVED that the City of Beaumont hereby nominates Goodyear as a Texas Enterprise Zone Project. BE IT FURTHER RESOLVED that Goodyear is a "qualified business", as defined in Section 2303.402 of the Act, and meets the criteria for designation as an enterprise project, as set forth in Section 2303, subchapter F of the Act. BE IT FURTHER RESOLVED that the enterprise project shall take effect of the date of designation of the enterprise project by the department and terminate five (5) years after that date of designation. PASSED BY THE CITY COUNCIL of the City of Beaumont this _th day of May 2002. Mayor THE STATE OF TEXAS § COUNTY OF JEFFERSON § I, of the City of Beaumont, Texas do hereby certify that the above and foregoing is a true and correct copy of Resolution Number passed by the City of Beaumont City Council on the day of , 2002. City Secretary The Goodyear Tire & Rubber Company Beaumont Chemical Plant maj P.O.Box 26003 Z ��d 1.� �Y ;�� 4a Bea�imit TX 77720-6003 ./ S4-.4' 3) LeNV kv, 7-4 Le4.r March 25, 2002 Mr. Kyle Hayes Assistant City Manager C512. Y76— Oo City of Beaumont Administration MAR 2 8 P. O. Box 3827 (('' Beaumont,Texas 77704 tZ k Mr. John Johnson (51L) 47C "00 33 Administrative Assistant P. O. Box 4025 Beaumont,Texas 77704 Re: Request a Nomination for Enterprise Project Status for Job Retention Dear Kyle: We are pleased to present the relevant information required by Chapter 2303 of the Government Code for your consideration and nomination of Goodyear as an Enterprise Project for job retention benefits. We anticipate future capacity expansion as a result of our upgrades to our manufacturing and process operations in Beaumont. As you may know, Goodyear manufactures synthetic rubber in Beaumont. These chemical products are primarily used in tire and sporting goods applications. Goodyear is in the final phase of finishing the Specialty Polymer Plant to expand their operations in solution polymers. Goodyear presently produces Polybutadiene(PBR), Isoprenic Polybutadiene(1BR), & Solution Styrene Butadiene(SSBR) synthetic rubbers. Upon completion of our new facility to full design capability, the facility will significantly increase its capacity to produce stereo specific branching SSBR for select tire applications. By investing in and developing this capability, the company will be able to now utilize the unused capacity of the Specialty Polymer Plant Project that was first put into operation in 2000. The addition of this equipment will also improve control of the monomer reaction,reducing offspec and rework, while at the same time increasing the overall capacity of Goodyear to produce and sell its finished products. The Beaumont plant produces many different types and varieties of finished product. In order to measure production capacity, we use prime production pounds to compare production statistics throughout the facility. March 22,2002 Page 2 Our current capacity for stereo specific SSBR is limited to 13 million pounds per year. We plan to increase our capacity for this type of synthetic to approximately 140 Million pounds, so that we more closely balance the capacity and efficiencies of all equipment. The table below outlines our investment and commensurate production capacity projected increases: 12 Month Period Ending: Feb 2002 Feb 2003 Feb 2004 Feb 2005 Feb 2006 New Investment(SMM) To be Placed in Service Budene only $3.7 $4.3 $4.9 $7.1 $4.5 Total Plant $9.5 $14.3 $20.3 $24.8 $18.0 Production Capacity (Pounds, millions/month) Budene only 50.0 54.5 62.4 62.4 62.4 Total Plant 86.5 91.4 100.4 101.7 101.7 Annual Increase 58.8 166.8 182.4 182.4 (Increases are based on changes from the base period) Overall Projected Increase During Project Designation Period: 17.6% Our expectation is to retain at least 310 existing jobs throughout the Project timeframe. No layoffs or reductions in employment are contemplated at this time. Our commitmentto expand and upgrade our existing plant is exciting to us, as a growing and integral part of the Beaumont business community. We are projecting investment of over $77 Million in the next 4 years with 40% focused on productivity initiatives, establishing the groundwork for future success. We look forward to working with the Texas Enterprise Zone Program and the City of Beaumont in the coming years. Sincerely, ou Perf tti Plant Manager Beaumont Chemical Plant Cc: Carl Griffith 3 May 7,2002 Council consider approval ofa conditional commitment for a contract between the City ofBeaumont and Family Services of Southeast Texas, Inc. in an amount up to $350,000 using funds from the 2001 HOME Grant Program to provide rehabilitation construction cost assistance to a 17-unit transitional housing facility V~1175 Cat of Beaumont Council Agenda Item • W, g TO: City Council FROM: Stephen J. Bonczek, City Manager PREPARED BY: Richard Chappell, Housing Coordinator MEETING DATE: May 7, 2002 AGENDA MEMO DATE: April 25, 2002 REQUESTED ACTION Council approval of a conditional commitment for a contract between the City of Beaumont and the Family Services of Southeast Texas, Inc. in an amount up to $350,000 using funds from the 2001 HOME Grant Program to provide rehabilitation construction cost assistance to a 17-unit transitional housing facility located at 3755 Corley Street, Beaumont, Texas. RECOMMENDATION The Administration recommends that Council authorize the City Manager to execute a conditional commitment for a contract with the Family Services of Southeast Texas, Inc. in an amount up to $350,000 using funds from the 2001 HOME Grant Program to provide rehabilitation construction cost assistance for a 17-unit transitional housing facility located at 3755 Corley Street, Beaumont, Texas. BACKGROUND Family Services of Southeast Texas, Inc. is a 501 (c) 3 non-profit organization which has been in continuous operation since 1931. The agency's mission is to strengthen and empower families through it's programs; The Women and Children's Shelter, Violence Intervention and Education Program, Family Counseling Center and Healthy Families. The agency operates with 43 full and part-time employees and a budget of$1,367,000. Family Services contracted with Woman, Inc. to serve as developer of the 17-unit transitional housing facility which Family Services will operate and own upon completion. Woman, Inc. is a non-profit CHDO based in Southeast Texas and founded in 1993. Woman, Inc. has successfully completed affordable transitional housing augmented by supportive services in Pasadena (Destiny Village) and Galveston (Beacon Place). Council Agenda Item April 25, 2002 Page 2 Family Services' executive director is Janet Walker who has a Masters' Degree in social work and thirty years of experience including thirteen as the agency's director. Director of Business Administration is Judy LaBauve, MBA with thirty-two years of accounting experience. Candy Anderson, M. Ed. who manages services to victims of domestic violence, has four years experience in social service. Woman, Inc.'s executive director is Michaelle Wormly, AICP, who has a Masters' Degree in Urban Planning and Design with over thirteen years planning experience. Family Services and Woman, Inc. propose to develop affordable, liveable transitional housing augmented by supportive services for women leaving abusive situations. Family Services will act in the role of the owner/property manager and Woman, Inc. in the role of developer. The proposed $1.6 million development will consist of seventeen (17) two and three bedroom units and a community/educational center to accommodate the residents and their children, as well as, local service providers. All seventeen units will be occupied by and affordable to very low income households. The HOME Grant funds requested in the amount of $350,000 would be used to provide rehabilitation construction costs to assist in the total development cost associated with renovation of the proposed facility. One of the primary conditions which Family Services must meet prior to the execution of a contract with the City of Beaumont for the HOME funds is to provide documentation that the total development cost of$1.6 million has been secured in a manner where the funds are available to start and complete the construction rehabilitation of the proposed 1.7-unit transitional housing facility. BUDGETARY IMPACT These funds are available from the 2001 HOME Grant Program. PREVIOUS ACTION Council approved a grant contract with Family Services of Southeast Texas, Inc. in the amount of$50,000 using CDBG funds on April 10, 2001. The purpose of this grant was to assist with architectural and engineering costs for the transitional housing facility. Council Agenda Item April 25, 2002 Page 3 SUBSEQUENT ACTION Following Council approval and execution by the City Manager of the conditional commitment for HOME funds, the Family Services must meet the funding conditions on or before the November 30, 2002 commitment expiration date. RECOMMENDED BY City Manager, Executive Assistant to the City Manager/Economic Development Director, Planning Manager, Housing Coordinator and Grant Administration. RECOMMENDED MOTION Approve/Deny authorization of the City Manager to execute a conditional commitment letter with Family Services of Southeast Texas, Inc. to provide HOME Grant funds in an amount up to $350,000 to provide rehabilitation construction cost assistance for a 17-unit transitional housing facility located at 3755 Corley Street, Beaumont, Texas. May 7, 2002 Ms. Janet Walker Executive Director Family Services of Southeast Texas 700 North Street Suite 149 Beaumont, TX 77701 RE: Conditional Commitment of HOME Grant Funds Dear Ms. Walker: On Tuesday, May 7, 2002 the Beaumont City Council approved Resolution 402- which authorizes the City Manager to execute a conditional commitment to provide a contract in an amount not to exceed $350,000 using 2001 HOME grant funds with Family Services of Southeast Texas. The purpose of the contract is to provide rehabilitation construction cost assistance for a 17-unit transitional housing facility located at 3755 Corley Street, Beaumont, Texas. This HOME grant funding commitment will expire on November 30, 2002. The commitment to provide up to $350,000 in HOME grant funds to Family Services of Southeast Texas is conditioned upon Family Services of Southeast Texas providing the following: (1) Appropriate documentation that the total development cost of not less than $1,600,000 has been secured in a manner where the funds are available to start and complete construction rehabilitation of the proposed 17-unit transitional housing facility. (2) An appraisal of the proposed facility both in its present condition and a value estimated following completion of the improvements. Janet Walker, Executive Director Family Services of Southeast Texas May 7, 2002 Page 2 (3) A title policy which reflects clear title to the property located at 3755 Corley. (4) A survey of the property to the City of Beaumont reflecting no encroachments or encumbrances which would affect the project. (5) The most recently completed audits for both Family Services of Southeast Texas and for Woman, Inc. (6) A "Certificate of Governmental Assistance" as to whether additional governmental assistance will be provided to the development and if so what kind of assistance. (7) Documentation of compliance with the HOME Program requirements including but not limited to: (a) Property Standards (b) Long-term Affordability (c) Rent and Occupancy Requirements (d) Monitoring and Inspections (e) Other federal requirements in the area of * Non-Discrimination and Equal Access Rules * Employment and Contracting Rules * Environmental Requirements Janet Walker, Executive Director Family Services of Southeast Texas May 7, 2002 Page 3 (f) Subsidy Layering * Updated sources and Uses of funds * Updated Project Development Budget * Updated Proforma Financial Statement Reflecting Home Rent Limits (g) Deferred Loan Note Agreement and Deed of Trust securing the proceeds of the HOME grant funds in an amount not to exceed $350,000. The Administration of the City of Beaumont intends to assist Family Services of Southeast Texas with the completion of its transitional housing facility subject to the above terms and conditions. The City of Beaumont anticipates that this facility when completed will become a community asset that provides affordable housing to low income women and children leaving abusive situations and choosing to live independent violence-free lives. If you are in agreement with this conditional commitment, please indicate this by signing below. Sincerely, Stephen J. Bonczek City Manager AGREED AND ACCEPTED: Janet Walker Executive Director, Family Services of Southeast Texas DEVELOPMENT 13UDGET FOR 17-UNIT MULTIFAMILY PROJECT SOURCES OF FUNDS AMOUNT ASSUMPTIONS Grant Funds(Sisters of Charity of the Incarnate Word) $ 100,000 Grant Funds(Houston Endowment, Inc.) $ 200000 Grant Funds(City of Beaumont/CDBG) $ 50,000 Grant Funds(City of Beaumont/HOME) $ 350,000 Grant Funds(Meadows Foundation) $ 350,000 Grant Funds(Swalm Foundation) $ 350,000 Sale of Property $ 100,000 Interim Construction Loan $ 100,000 TOTAL SOURCES OF FUNDS $1,600,000 USES OF FUNDS AMOUNT Site Work $ 20,400 $1,200 Per Unit Acquisition-Land $ 0 Donated Acquisition-Buildings $ 0 Donated Construction $ 1,133,342 14,703 s.f.X$77.00 Contingency $ 110,233 10%of Construction Off-Site Improvements(water main) $ 0 Not Applicable Asbestos/Lead Abatement $ 0 Not Applicable Construction Bond Fee $ 9,094 .75%of Const. Cost+Contin Consultant Fees $ 12,000 gy. Security Fees $ 0 Included in Construction Architectural Fees $ 99,210 9%of Construction Cost Developer Fee $ 142,635 10%of Total Development Cost Construction Loan Interest $ 4,386 8.0%over 12 months Real Estate Taxes $ 0 Not Applicable Insurance During Construction $ 7,500 Environmental Study $ 2,500 Appraisal and Survey $ 5,000 Title and Recording $ 10,590 .75%of Total Development Cost Permits and Fees $ 2,000 Local Legal $ 5,000 Fund Legal $ 0 Not Applicable Accounting Review $ 1,500 Cost Certification and Audit $ 5,000 Soft Cost Contingency $ 7,060 .5%of Total Development Cost Market Study $ 0 In Developer's Fee Construction Loan Fees $ 1,000 1% Lease-up Expense $ 2,550 $150.00 Per Unit Operating Reserve $ 19,000 Six months of operating expenses TOTAL USES $ 1,600,000 . y BEAUMONT TRANSITIONAL HOUSING PROJECT- 5 YEAR PRO FORMA ASSUMPTIONS: OF SOUTHEAST TEXAS Vacancy Rates 7% Rent Increases 2% Expense Growth Rate 3% YEAR I YEAR 2 YEAR 3 YEAR 4 YEAR 5 INCOME Rent Income 107,280 109,427 111,616 113,848 116,125 Vacancy (7,510) (7,660) (7,813) (7,969) (8,128) Other Income 5,000 5,100 5,202 5306 5,412 TOTAL INCOME 119,790 122,187 124,631 127,123 129,665 'EXPENSES Insurance 2,500 2,575 2,652 2,732 2,814 R/E Taxes 7,000 7,210 7,426 7,649 7,878 Electric* 2,250 2,318 2,388 2,460 2,534 Waste/Sewer* 250 258 266 274 282 Trash 380 391 403 415 427 Maintenance 8,000 8,240 8,487 8,742 9,004 Management 6,883 7,089 7,302 7,521 7,747 Grounds 1,220 1,257 1,295 1,334 1,374 Administrative 800 824 849 874 900 Professional 3,000 3,090 3,183 3,278 3,376 Other 1,000 _ 1,030 1,061 1,093 1,126 OPERATING 33,283 34,282 35,312 36,372 37,462 'EXPENSES RESERVES Replacement 3,000 3,000 3,000 3,000 3,000 Repaip' 1,000 1,000 1,000 1,000 1.000 TOTAL RESERVES 4,000 4,000 4,000 4,000 4,000 TOTAL EXPENSES 37,283 38,282 39,312 40,372 41,462 FAMILY SERVICES NET OPERATING 82,507 83,905 85,319 86,751 88,203 OF SOUTHEAST TEXAS INCOME 700 NORTH STREET SUITE 149 BEAUMONT, TEXAS 77701 TEL. 409.833.2668 FAX: 409.832.8976 E MAIL: fsbmt @sat.net Gam. ACCFEWED ioom 9 r—_— __—_———— _/- e I I I -T ^ :? I I �;�+^<��;;.:^.c; •of� I I a I I I j;l I I , m I l► �� I I I' I N I LLLJ so rl IL — — . — — . — . — • — -- J IRANSI110NAL HOUSING FOR THE LABICHE ARCHITECTURAL GROUP. IN( 7999 GLADYS AVENUE - SUITE 101 FAMILY SERV. OF SETEX = BEAUMONT. TEXAS 77706 3755 CORLEY PH (409)860-0197 FAX (409)860-0198 I MR W u � i ■ ■ R u • � c • a TRANSITIONAL HOUSING FOR THE LABICHE ARCHITECTURAL GROUP. It o 7999 GLADYS AVENUE - SUITE 101 FAMILY SERV. OF SETEX - BEAUMONT. TEXAS 77706 3755 CORLEY PH (409)860-0197 fAX (409)860-0198 BEAUMONT. TEXAS o. X TRANSITIONAL HOUSING FOR THE LABICHE•ARCHITECTURAL GROUP. 7999 GLADYS AVENUE - SUITE 101 FAMILY SERV. OF SETEX --- BEAUMONT. TEXAS 77706 3755 CORLLY PH (409)860-0197 BEAUMONT. TEXAS FAX (409)860-0198 D r CI �• i u u v ApE .• Y, r-0 � � TRANSITIONAL HOUSING FOR THE LABICHE ARCHITECTURAL GROUP. INC i o 0 7999 GLADYS AVENUE - SUITE 101 s� FAMILY SERV. OF SETEX ��$� 3 � 'i #` '� o ^n -- - BEAUMONT. TEXAS 77706 jz� o o $ zo 3755 CORLEY PAX�(409)860-0)98 BEAUMONT• TEXAS - -- 04/23/02 10:07 FAX 7136216176 VVWlAN. INC• WOMAN, Inc. A Community Housing Development Organization FaX ! i Name: Richard Chappell Organization: City of Beaumont Fax: (409)880-3125 Phone: (409)880-3763 From: Michaelle Date: 04/23/02 Subject: Statement of Probable Construction Cost Pages: Four Comments: For your use and information. Have a great day! Women Opting for More Affordable housing Now, Inc- • 1919 Decatur • P.O. Box 571898 • Houston, TX 77257-1898 Phone 713-869-9727 • Fax 713-869-7278 04/23/02 10:07 FAX 7136216176 WOAAN. INC• Q02 WOMAN, Inc. A Community Housing Development Organization Mmormd= To: (nT?-,to-31)5 eQ From: Michaelle Wormly Date: 04/22/02 Re: Statement of Probable Construction Cos' Following our conversation Friday afternoon,please find attached to this memo and email a detailed probable construction cost statement. In addition,described below is a summary of the detailed statement,specifically,the unit cost. This summary does not include the work items:roofing, drainage/site work modifications to laundry,and electrical modifications,which total$211,715.20. Description Units Sq. Ft. $/Sq.Ft. Sub Total Cost Wing 100 5 4,242 $58.21 $246,933.64 Wing 200 5 41242 $58.21 $246,933.64 Wing 300 4 3,560 $56.09 $199,667.00 Wing 400 3 2,732 $57.46 $156,987.20 Total 17 14,776 $57.56 $850,521.48 Your proposed approach to fund this project in the amount of approximately$350,000,specifically, the construction of a specific number of units can be accomplished if Wings 300 and 400 are considered The total probable construction cost estimate for these seven units total$356,65420. If you require fiuther information,please do not hesitate to call me at(713)869-9727 or email me at woman.incgpdq.net. Thank you for your assistance and cooperation. 1 Women Opting for More Affordable housing Now, Inc_ • 1919 Decatur • P.O. Box 571898 • Houston,TX 77257-1898 Phone 713.869-9727 • Fax 713-869-7278 W.rhC Probable Construction Cost Statement Dohn H. LaBiche,AiA I.Aludw Transitional Housing-Family Services of Beaumont 7999 Gladys Ave..Suite 101 ArchUtXTUrAl prepared by: DHL Beaumont,TX 77706 rouplm% date 18-Mar-02 h.409.860.0197 fax 409.860.0198 email d W7NG It 00 Demolition 1 4242 4242 sq.X 1.5 6-363 Floor slab 1 1060 11060 4.12 4367.2 Fir.Cover-Carpet 1 1789 1789 2 3578 Mr.Cover-shoot A 1 2453 2453 3 7359 Gyp.Bd.Coiling-P 1 4242 4242 1.75 7423.5 Coiling Insulation 1 4242 4242 1 4242 Wd.Frrn.Int Partifio 1 4242 4242 18.7 79325.4 Load Bearing Int.Pa 1 1680 1680 12 20160 Plumbing 1 4242 4242 6.37 27021.54 HVAC 1 4242 4242 4.75 20149.5 Electrical&Lighting 1 4242 4242 4.75 20149.5 Ext.Wall Consbructi 1 224 224 20 4480 Windows 1 12 12 20 240 Entry Porch 5 39 195 35 6825 Appliances 5 1 5 2500 12500 Cabinets 13 5 65 350 22750 2 NOW Run 17 T. WING 200 Demolition 1 4242 4242 sq.ft. 1.5 8353 Floor slab 1 1060 1060 4.12 4367.2 Fir.Cover-Cat-pet 1 1789 1769 2 3578 Fir.Cover-sheet vi 1 2453 2453 3 7359 Gyp.tad.Ceiling-P 1 4242 4242 1.75 7423.5 Ceiling Insulation 1 4242 4242 1 4242 Wd,Frm.Int.Partitio 1 4242 4242 18.7 79325.4 Load Bearing Int.Pa 1 1660 1680 12 20160 Plumbing 1 4242 4242 6.37 27021.54 HVAC 1 4242 4242 4.75 20149.5 Electrical&Lighting 1 4242 4242 4.75 20149.5 Ext.Well Constructi 1 224 224 20 4480 Windows 1 12 12 20 240 Entry Porch 5 39 195 35 6825 ti Appliances 5 1 5 2500 12500 Cabinets 13 5 65 350 22750 24 4 WING 300 Demolition 1 3560 3560 sq.ft. 1.5 5340 Floor slab 1 890 890 4.12 3666.8 Fir.Cover-Carpet 1 1495 1495 2 2990 FIr.Cover-sheet vj 1 2065 2065 3 6195 Gyp.Bd.Coiling-P 1 3560 3560 1.75 6230 Ceiling Insulation 1 3660 3560 1 3560 Wd.Frm.Int PartItio 1 3550 3560 18.7 66572 Load Bearing Int.Pa 1 1488 1488 12 171156 Plumbing 1 3560 3560 6.37 22677.2 HVAC 1 3560 3560 4.75 ISM Electrical&Lighting 1 3560 3560 4.75 18910 Ext,Wall Construct! 1 128 128 20 2560 Windows 0 12 0 20 0 Entry Porch D 39 0 35 0 Statement of Probable Construction Cost,Family servioss Beaumont M Probable Construction Cost Statement Dohn H. LaBiche,AIA CA111clic Transitional Housing-Family Services of Beaumont 7999 Gladys Ave.,Suite 101 MchkeCtUrA prepared by: DHL Beaumont TX 77706 date 18-Mar-02 eh.409.860.0197 tax 41]9.060,0198 emait diabich om 4-: Appliances 4 1 4 2500 10000 Cabinets 13 4 52 350 18200 41 Matmaw-gum 7-7.777.1ox�'.Qw] VONG—400 -- Demolition 1 2732 2732 sq.It. 1.5 4098 Floor slab 1 683 683 4.12 2813.96 Fir.Cover-Carpet 1 1148 1148 2 2296 Fir.Cover•shoot A 1 1584 1584 3 4752 Gyp,Bd.Coiling-P 1 2732 2732 1.75 4781 Ceiling Insulation 1 2732 2732 1 2732 Wd.Frm.Int Partitio 1 2732 2732 18.7 51088.4 Load Bearing Int.Pa 1 1152 1152 12 13824 Plumbing 1 2732 2732 6.37 17402+84 HVAC 1 2732 2732 4.75 12977 Electrical&Lighting 1 2732 2732 4.75 12977 E)d+Wall Constructi 1 100 100 20 2000 Windows 0 12 0 20 0 Entry Porch 3 39 117 35 4095 Appliances 3 1 3 2500 7500 Cabinets 13 3 39 350 13650 IV ............. ADDITIONAL ITEMS OF WORK Now Gravel Surface Roofing(Coal Tar Pitch) Wing 100 4242 sq.ft 10.2 $ 43,268.40 Wing 200 4242 sq.ft 102 $ 43,258.40 Wing 300 3560 sq.ft 10.2 $ 36.312.00 Wing 400 2732 sq.ft 10.2 $ 27,866.40 Drainage/Site work $22.000 Modifications to Laundry $5,000 Electrical service modifications $34.000 ll�6.p Po—n CO -7 ArchNecf s Fee's 9% 95601 OPTIONAL ITEMS OF WORK New Gravel Roof(Coal Tar Pitch)@ Shelter 19139 sq.ft 10.2 $ 195.217.80 Architect's Fee's 9% 17570 => Statement of Probable Construction Cost,Family Services Beaumont §— C City of Beaunwnt REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS MAY 7, 2002 1:30 P.M. CONSENT AGENDA * Approval of minutes * Confirmation of committee appointments A) Authorize eminent domain proceedings to acquire property out of the David Brown Survey for the proposed Charlton Pollard Park B) Authorize the City Manager to execute Change Orders No. 2 and No. 3 to the contract for rehabilitation and conversion of the wastewater digester system CONSENT AGENDA MAY 79 2002 * Committee Appointments A) Authorize eminent domain proceedings to acquire property out of the David Brown Survey for the proposed Charlton Pollard Park Ernest D. Nichols owns property at 2163 St. Anthony Street has not accepted the appraised value of $2,800 for his property. In order to proceed with the construction of the Charlton Pollard Park, it will be necessary to acquire the property through the process of eminent domain. The Administration recommends authorization to acquire this property by eminent domain. A copy of the staff memorandum is attached for your review. B) Authorize the City Manager to execute Change Orders No. 2 and No. 3 to the contract for rehabilitation and conversion of the wastewater digester system On April 10, 2001, City Council authorized a contract for rehabilitation of the digester system in the total amount of$419,755. Water Utilities management subsequently determined that the digester system required conversion from an anaerobic to an aerobic process, requiring the purchase and installation of equipment necessary to perform the conversion. The contractor has determined that the rehabilitation portion of the project can be performed for an amount less than originally bid, a decrease of$103,345, for a total bid of$316,410. Change Order No. 2 is requested to decrease the contract accordingly. Change Order No. 1 authorized an increase in the contract of$104,938 to include the installation of equipment necessary to perform the conversion of the digester system. The scope of work included in that quotation did not include the necessary electrical system to power the equipment. Change Order No. 3 is requested in the amount of$28,094 to provide the electrical system. 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 BY: Joris P. Colbert, City Engineer MEETING DATE: May 8, 2002 AGENDA MEMO DATE: May 1, 2002 REQUESTED ACTION: Council consider a resolution authorizing eminent domain proceedings to acquire property out of the David Brown Survey for the proposed Charlton Pollard Park. RECOMMENDATION The property owner listed below has not accepted the appraised value for his property. In order to proceed with the construction of the Charlton Pollard Park, it will be necessary to acquire the property through the process of eminent domain. City Plat D, Tract 29, David Brown Survey (2163 St. Anthony Street) Appraiser: Bishop Real Estate Appraisers, Inc. Total Appraised Value: $2800 Owner: Ernest D. Nichols Administration recommends authorization to acquire this property by eminent domain. BACKGROUND This property is needed for the proposed Charlton Pollard Park Site. BUDGETARY IMPACT Community Development Block Grant (CDBG) funds are being used to purchase this property. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager, Public Works Director and City Engineer RECOMMENDED MOTION Approve resolution authorizing eminent domain proceedings to acquire property out of the David Brown Survey for the proposed Charlton Pollard Park. nichol.jld B ...... City of Beaumont Council Agenda Item TO: City Council FROM: Stephen J. Bonczek, City Manager PREPARED BY: Kirby Richard, Central Services Director MEETING DATE: May 7, 2002 AGENDA MEMO DATE: May 1, 2002 REQUESTED ACTION: Council consider authorizing the City Manager to execute Change Orders No. 2 and No. 3 to the contract for rehabilitation and conversion of the wastewater digester system. RECOMMENDATION Administration recommends authorizing the City Manager to execute Change Order No. 2 reducing the original bid amount by $103,345, and Change Order No. 3 increasing the bid for conversion of the system by $28,045, to the contract with Allco, Inc. for the rehabilitation and conversion of the wastewater digester system. BACKGROUND On April 10, 2001, City Council authorized a contract for rehabilitation of the digester system in the total amount of $419,755. Water Utilities management subsequently determined that the digester system required conversion from an anaerobic to an aerobic process, requiring the purchase and installation of equipment necessary to perform the conversion. The contractor has determined that the rehabilitation portion of the project can be performed for an amount less than originally bid, a decrease of$103,345, for a total bid of$316,410. Change Order No. 2 is requested to decrease the contract accordingly. Change Order No. 1 authorized an increase in the contract of$104,938 to include the installation of equipment necessary to perform the conversion of the digester system. The scope of work included in that quotation did not include the necessary electrical system to power the equipment. Change Order No. 3 is requested in the amount of $28,094 to provide the electrical system. The anticipated completion date for all phases of the rehabilitation and conversion is October, Change Orders No.2 and No.3 -Rehabilitation and Conversion of Digester System May 1,2002 Page 2 2002. BUDGETARY IMPACT Funds are available for this expenditure in the Water Utilities Fund. Approval of Change Order No. 1 increased the contract amount by $104,938, to a total of$524,693. Change Order No. 2 decreases the total by $103,345, to $421,348, and Change Order No. 3 increases the contract by $28,094, for a total expenditure of 449,442, an increase of 7.08% over the original project bid of 419,755. PREVIOUS ACTION City Council awarded the original contract on April 10, 2001, and authorized Change Order No. 1 on January 8, 2002. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager, Central Services Director and Public Works Director. RECOMMENDED MOTION Approve/Deny authorizing the City Manager to execute Change Order No. 2 decreasing the amount by $103,345, and Change Order No. 3 increasing the amount by $28,094, to the contract for rehabilitation and conversion of the digester system with Allco, Inc.