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Home My WebLink AboutPACKET JUN 18 2002 "Illilligil1w pity of Beaunwnt REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS JUNE 18, 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 approving the purchase of 40 bus passenger shelters 2. Consider amending the 2002 Action Plan and the Replacement Housing line item from the 2001 Consolidated Grant Program to allocate funds to assist with renovations at McLean Park and Roberts Park 3. Consider amending Ordinance Flo. 01-059 relating to the commercial stricture located at 439 Crockett WORK SESSION * Review Proposed Revisions relating to the City's Tow Truck/Towing Operations COMMENTS • Councilmembers comment on various matters • City Manager's Report - 2002 Budget Summit, 800 MHz Radio Communication System, 2002 Water and Wastewater Surveys, EMS Updates, Sales Tax Update and June Jamboree • Public Comment (Persons are limited to 3 minutes) 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 June 18, 2002 Council consider approving the purchase of 40 bus passenger shelters .l City of Beaumont Council Agenda Item TO: City Council FROM: Stephen J. Bonczek, City Manager PREPARED BY: Kirby Richard, Central Services Director MEETING DATE: June 18, 2002 AGENDA MEMO DATE: June 6, 2002 REQUESTED ACTION: Council approval to award a bid for the purchase of 40 bus passenger shelters. RECOMMENDATION Administration recommends award of a bid in the amount of$75,280 to Duo-Gard Industries of Canton, Michigan for the purchase of 40 bus passenger shelters. BACKGROUND The shelters in the bid will replace deteriorated units currently in service and will provide shelters at bus stops which have been unsheltered in the past. The shelters were specified in two sizes to accomodate the usage rates at various stops. Installation will be performed by Beaumont Municipal Transit personnel. Delivery of the units is expected in 45 to 75 days, and subsequent installation will be performed within approximately 90 days. Bid notices were provided to twenty-two (22) vendors, with six (6) responding with bids. The bids received are reflected in the attached bid tabulation. BUDGETARY IMPACT Funds for this expenditure are provided for in the following manner: $60,224 in a grant from the U.S. Department of Transportation, and the City will be responsible for the balance of$15,056, or 20% of the total bid amount. PREVIOUS ACTION None. Purchase of 40 Bus Passenger Shelters June 6, 2002 Page 2 SUBSEQUENT ACTION None. RECOMMENDED BY City Manager, Central Services Director and Public Works Director. RECOMMENDED MOTION Approve/Deny accepting a bid from Duo-Gard Industries in the amount of$75,280 for the purchase of 40 bus passenger shelters. Purchase of 40 Bus Passenger Shelters June 6, 2002 Page 3 Vendor Delivery Un f.Cost- Qty. Unit Cost- Qty. Total Bid Time Small Large Amount Shelter Shelter Duo-Gard Industries 45-75 $1,586/ea. 30 $2,770/ea. 10 $75,280 Canton, MI days Brasco International, Inc. 60-90 $1,826/ea. 30 $3,117/ea. 10 $85,950 Detroit, MI days Columbia Equip. Co., Inc. 75-95 $1,950/ea. 30 $3,085/ea. 10 $89,350 Jamaica,NY days Rockwell Design Corp. 60 days $1,925/ea. 30 $3,595/ea. 10 $93,700 Buffalo,NY Tolar Mfg. Co., Inc. 60 days $2,900/ea. 30 $3,500/ea. 10 $122,000 Corona,CA Neon Electric Corporation 98 days $3,642/ea. 30 $6,229/ea. 10 $171,550 Houston,TX 2 June 18, 2002 Council consider amending the 2002 Action Plan and the Replacement Housing line item from the 2001 Consolidated Grant Program to allocate funds to assist with renovations at McLean Park and Roberts Park City of Beaumont Council Agenda Item TO: City Council FROM: Stephen J. Bonczek, City Manager PREPARED BY: Janett Blunt, Interim Grants Administrator MEETING DATE: June 18, 2002 AGENDA MEMO DATE: June 12, 2002 REQUESTED ACTION: Council consider a request to allocate funds to assist with renovations at McLean Park and Roberts Park by amending the 2002 Action Plan ($50,000) and the Replacement Housing line item from the 2001 Consolidated Grant Program($30,000). RECOMMENDATION Staff recommends Council approve a request to allocate funds to assist with renovations at McLean Park and Roberts Park by amending the 2002 Action Plan($50,000) and the Replacement Housing line item from the 2001 Consolidated Grant Program($30,000),in order to supplement the total cost of the park renovations ($330,000) which exceeds the sum total of other allocated funding ($250,000). BACKGROUND The 2002 Action Plan adopted by Council on April 2, 2002, included an allocation for $50,000 to BUILD/Beaumont Main Street under the Economic Development classification. Upon initial review, HUD has determined that this activity should be funded from program income received from the Small Business Revolving Loan Fund(SBRLF),resulting in the need to reallocate$50,000 to other eligible CDBG activities. BUDGETARYIMPACT The Administration recommends that Council amend the 2002 Action Plan($50,000) and the 2001 Consolidated Grant Program Replacement Housing line item ($30,000) by allocating funding to McLean Park and Roberts Park. The park renovations ($330,000) will be funded with a federal U.P.A.R.R. grant ($200,000), State of Texas ($25,000), and City's General fund ($25,000). Proposed CDBG funds ($80,000) would be used for costs which exceed the sum total of other allocated funding. PREVIOUS ACTION The 2002 Action Plan adopted by Council on April 2, 2002. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager, Executive Assistant to City Manager/Economic Development Director, Planning Manager, Housing Coordinator and Interim Grants Administrator. RECOMMENDED MOTION Approve/Deny a request to allocate funds to assist with renovations at McLean Park and Roberts Park by amending the 2002 Action Plan($50,000)and the Replacement Housing line item from the 2001 Consolidated Grant Program($30,000). Page 2 c . 06/1/2002 08:49 4098611928 PARKS OPERATIONS PAGE 01 PROPOSED IMPROVEMENTS McLean and Roberts Parks Beaumont, Texas ESTIMATED COSTS .June 2001 MCLUN MEK Z66 Poops, B UIMBI IMPROVEMENT ESTIMATED COST Playground Equipment 662,000 Surfacing (Fibar or equal) MAN Drainage improwm8nts : 8,600 Sidewalks i 8,600 gl u work and grading S 2,000 Lasiftuping $ 31000 Drinking Fountain 2 L800 Total$100,000 fit /07(, ROEMM PARS 22766 AVENUE C. IMPROVEMENT ESTIMATED COST Playground squipment $GZQ00 Surbeing.(Fiber or equal)- =12,600 "nag*improvements, ; 8, 600 Sidewalks Site work and grading $ 2,000 Landscaping S 3,000 Drinking Fountain S 2,600 Water Playground 60,000 Total $160,000 2/7/2 7, 53 3 Total Project Coets $260,000 3 June 18, 2002 Council consider amending Ordinance No.01-059 relating to the commercial structure located at 439 Crockett City of Beaumont Council Agenda Item TO: City Council FROM: Stephen J. Bonczek, City Manager PREPARED BY: John Labrie, Clean Community Department Director MEETING DATE: June 18, 2002 AGENDA MEMO DATE: June 11, 2002 REQUESTED ACTION: Consider an ordinance amending Ordinance No. 01-059 relating to the commercial structure located at 439 Crockett. RECOMMENDATION At the request of City Manager Stephen J. Bonczek, Administration recommends that the structure located at 439 Crockett be removed from condemned status to allow a new owner to rehabilitate it. BACKGROUND This structure was brought before City Council on July 31, 2001 with staff's recommendation of a raze order. An individual has now purchased this commercial building and desires to rehabilitate the structure. BUDGETARY IMPACT City may incur the cost of demolition. PREVIOUS ACTION The Administration recommended and Council approved an order to develop a proposal to renovate the property and to enter into a work program within 90 days. It was also stated that if the owner failed or refused to develop a proposal to renovate the property and enter into a work program for 90 days, the City was authorized to demolish the structure without further Council action. The owner entered into a work program on January 31, 2002 which ended on May 31, 2002. Work was not completed and the structure became condemned. SUBSEQUENT ACTION If Council grants a time period for rehabilitation, staff will enroll the owner in a work program and monitor the progress of work. If the structure is not brought up to code or substantial progress is not made within the specified time period, the structure will be demolished without any further notification to property owner or Council action. RECOMMENDED BY City Manager and Clean Community Department Director. RECOMMENDED MOTION Approve/Deny the amendment of Ordinance 01-059 to allow the new property owner to enter a work program to rehabilitate 439 Crockett. SUBSTANDARD BUILDING INSPECTION REPORT CLEAN COMMUNITY CITY OF BEAUMONT DATE REQUESTED June , 2002 WARD 3 ADDRESS OF INSPECTION 439 Crockett (Commercial) ACCOUNT NO. 3200-016600-2 CENSUS TRACT 16 OWNER B & M Properties, Inc., Attn: Marlin Williford ADDRESS 20019 Key Hollow CITY/STATE Katy, Tx. 77450 LEGAL DESCRIPTION APPRAISAL VALUE Lot or Plat (60x100)L347;(60x100)L348;(5/20)L350 Land Value 37500 Block or Tract B52;Tract D Improvement Value 32040 Addition/Survey BMT Total Value 69540 A. Fifty(50)percent deterioration of non-supporting members? YES X NO B. Thirty-three(33) percent deterioration of supporting members? YES X NO C. Fire damaged? YES NO X D. Enrolled in Work Repair Program? YES X NO (01/31/02 thru 05/31/02) E. Initial Inspection Date August 23,2000 MAJOR CODE VIOLATIONS:This is a two story commercial structure. The roof has deteriorated. The first inspection was made by viewing through the second story windows and being able to see holes in the roof. On January 12,2001, another inspection was made with the assistance of the property owner. This inspection showed the extent of water damage to the interior due to the leaking roof. All damaged or rotten windows and window sills will need to be replaced. There is broken glass throughout the second floor. The lower plate glass windows have been broken out but have been boarded. Lots of the exterior wood has deteriorated. The canopy over the entrance has deteriorated. The exterior doors are damaged and will need to be replaced. The interior flooring, ceilings and walls will need to be repaired. All damaged or missing electrical wiring and electrical fixtures will need to be replaced. Also all damaged plumbing and plumbing fixtures will need to be replaced. The structure must also meet all fire code inspections. A reinspection was made on July t2,2001,and the structure had deteriorated even more. The roof inspection shows that the roof has completely collapsed. Another plate glass windows had also been broken out. The structure was brought before City Council on July 31,2001 with staff requesting a raze order. At the owner's request, a raze or repair order was issued to develop a proposal to renovate the property and to enter into a work program within ninety(90)days. An individual has now purchased this commercial building and desires to rehabilitate the structure. SEE ATTACHED PHOTOS ORDINANCE NO. ENTITLED AN ORDINANCE REPEALING SECTION 4 OF ORDINANCE NO.01-059 TO REMOVE THE STRUCTURE LOCATED AT439 CROCKETT FROM SAID ORDINANCE AND ORDERING THE NEW OWNER OF THE STRUCTURE AT 439 CROCKETT TO ENTER INTO A WORK PROGRAM TO REHABILITATE SAID STRUCTURE; PROVIDING FOR SEVERABILITY, AND PROVIDING FOR A PENALTY. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That Ordinance 01-059 be and the same is hereby amended to repeal Section 4 of Ordinance 01-059. Section 2. In accordance with Article XVII, Section 2, of the Charter of the City of Beaumont, Section 10-2 and 14-52 of the Code of Ordinances of Beaumont, Texas and Section 103.4 of the Standard Building Code, it is hereby ordered that the owner or owners of the building located at 439 Crockett enter into a work program for the repair and/or demolition of said property within five (5) days of the effective date of this ordinance. Should the owner(s) either fail or refuse to enter into a work program or fail or refuse to renovate and/or demolish the structure, the structure is hereby ordered to be demolished and removed by the City of Beaumont on the account of the owner(s) thereof without further notice to the owner(s). GAMORDINANCUlapadated structures Section 3. 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 4. That any person who violated any provision of this ordinance shall, upon conviction, be punished as provided in Section 1-8 of the Code of Ordinances of Beaumont, Texas. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 18'h day of June, 2002. - Mayor- GAMORDINANCQlapadated structures WORK SESSION * Review proposed revisions relating to the City's Tow Truck/Towing Operations TOW TRUCKS/TOWING OPERATIONS 1. LEGAL/LEGISLATIVE Texas Transportation Code, Section 643.201, provides that political subdivisions of this State may regulate the operation of a tow truck to the extent allowed by Federal law. The principal f ederal court case effecting Texas is Cardinal Towing v. City of Bedford. Texas (180f3d686) which held that the City of Bedford, Texas may enter into a contract with a private party to perform non- consent towing within the City of Bedford. Section 29, Article IV, Tow Trucks, Towing Companies, and Truck Operators, currently regulate non-consent towing in the City of Beaumont and provide for the police department to operate a "rotation list" in regard to selecting towing companies to perform non-consent tows. Section 29- 73 also provides the maximum fees for services performed by a towing company ($85 plus additional fees for specialized towing and storage). II. " ROTATION LIST" The current police department "rotation list" consists of 21 companies occupying 105 places on the list. (Places on the list related to number of licensed tow trucks for each company). When a police officer requests a no-preference tow (non-consent tow) the police dispatcher will review the "rotation list" and select the towing company which is next on the list. That company will be contacted and requested to respond to the location to perform the tow. Once a company is notified there is a limited time (generally 30 minutes) to respond to the scene to tow the vehicle. This response time has, however, often caused problems in that officers are required to wait at the scene until the tow truck arrives. If the first company notified fails to show within the 30 minutes, then the police dispatcher is required to notify a second company which may result in a delay of up to one hour with the officer waiting at the scene. In some cases, it has been necessary to call a third company extending the time an officer is out of service at a scene. In some cases when a dispatcher contacts a towing company, the company will advise that someone else will be picking up their tow. This results in delays and confusion both in dispatching the to w trucks and in later locating where a vehicle is located. This not only impacts the operations of the police department in a negative fashion but also causes a disservice to the owner of the vehicle being towed. A towing "history" for utilization of wreckers for the years 1997, 2000, and 2001. (Data for the years 1998 and 1999 not available) is as follows: 1997 No-Preference (non-consent) Tows 2878 Emergency tows 52 Contract tows 669 2000 No- Preference (non-consent) Tows 3164 Emergency Tows 228 Contract Tows 55 2001 No-Preference (non-consent) Tows 2858 Emergency Tows 295 Contract Tows 49 In 2000, there were 115 incidents of tow trucks failing to show. In 2001, there were 187 incidents of tow trucks failing to show. In each of these cases, it was necessary for an officer to remain at the scene and wait for a second tow truck, or in some instances a third tow truck to arrive. Some of the towing companies had "double-digit" no-shows. III. "CONTRACT TOWING" A number of cities in the State of Texas have initiated a "contract tow" system for the towing of no-preference/non-consent tows. This contract method has been tested and approved in federal court actions. Contracts are generally multi-year contracts or single- year contracts with provisions for renewal over a period of years. The contracts generally contain terms related to fees to be charged, services to be rendered, response times, operation of vehicle storage facilities, etc. In general, cities which operate contract tow operations are pleased with the process. The City is required to only deal with one company, that company is aware of its specific responsibilities, equipment needed, procedures, etc., and allows the company to make a long term investment in equipment knowing they will have a contract for a longer period of time. In a contract tow situation, the city generally sets the rate for towing. The city is often able to contract a fee amount at a lower rate than that used in a rotation system, and this process is a direct benefit to the citizens of the city whose vehicles are towed. This system also prevents companies from making "adjustments" or "unnecessary charges" that are often made under a less controlled rotation-type system. A number of cities which operate a contract-type system were contacted and copies of their ordinances, contract, bid specification, etc., were obtained. A synopsis of information from those documents reflect as follows: City of Temple.......................Contract term 2 years Basic tow fee - $50 No charge for towing city vehicles Some additional specific charges City of Waco..........................Contract term 2 years + renewal Basic tow fee - $45 City of Grand Prairie................Contract term 5 years Basic tow fee - $40 Heavy-duty tow fee $80 Some additional charges City of Plano..........................Contract term 1 year + 4 one-year renewals Basic tow fee - $35 Medium-heavy tow fee $65 Heavy tow fee $90 Reduced rates for city vehicles Some additional charges City receives $750 free towing per month City of Garland.......................Contract term 2 years - Renewal year to year Basic tow fee - $62 Medium tow fee - $70 Heavy tow fee - $90 Free towing for city vehicles Some additional fees City of Odessa.........................Contract term 2 years - Renewable Basic tow fee - $50 Heavy duty tow fee - $105 No charge for city vehicles Some additional fees Abandoned/Junk vehicles towed at no charge City of El Paso.........................Contract term 2 years - Renewable for 2 years Basic tow fee - $34.75 Medium-duty tow fee - $81 Heavy-duty tow fee - $95 Reduced fees for city vehicles Yearly increase provided over life of contract City of Richardson....................Contract term - 1 year - 4 one-year renewals Basic tow fee - $65 Medium-duty tows - $69 Heavy-duty tows - $85 City vehicles - 8 free tows per month, after that $40 " - reduced fee for medium & heavy " $5 per day storage fee City of Amarillo.......................Contract term - 1 year + 1 additional year Basic tow fee - $65 Heavy-duty tow fee - $100 Storage fee - $5 per day City - free towing City of Bedford........................Contract term 2 years Basic tow fee - $45 City Towing - $35 Some additional fees IV. SYNOPSIS Amending Chapter 29, Article IV, Tow Trucks, to provide for a contract towing system would provide numerous benefits to both the citizens of Beaumont and the City of Beaumont/Beaumont Police Department. Those benefits include, but are not limited to: 1. Reduced fees: The current basic tow fee for a car or light truck under the present City ordinance is$85. That fee is at least $20 higher than any of the contract fees and, in some cases, double the contract fee. In a previous survey of wrecker services, it was determined that the fees in the City of Beaumont were the highest of the 33 cities surveyed. 2. Single-contract Company; The present "rotation list" requires the Beaumont Police Department to deal with 21 different wrecker companies holding 105 different spots on the present "rotation list." A vehicle that is towed could end up in any one of the 21 vehicle storage facilities and it is often difficult for the police department to locate a vehicle based on a towing company's substitution of someone in their place. Having 21 different companies also necessitates the Traffic Unit inspecting 105 different wreckers at 21 different locations. The contract system would provide one location with a greatly reduced number of wreckers requiring inspection. A single company would also greatly reduce administrative requirements. 3. Record Systems: The utilization of a contract system could require that the contract company maintain computerized records of all vehicles towed pursuant to the contract. These records would be available for review by the Beaumont Police Department in a single- source review program and also provide uniformity as to record keeping. 4. Complaints: Currently, the City of Beaumont (Beaumont Police Department) is required to deal with 21 different companies in regard to complaints from citizens on wrecker service. A contract system would alleviate this issue and reduce the process of addressing complaints to one company. 5. Insurance: Using a contract system would allow the city to establish adequate requirements for insurance on their operations. 6. Impounded Vehicles: The use of a contract system could provide for a company to store vehicles impounded by the City of Beaumont at no charge or a reduced charge. This would reduce potential liability to the city for damage to or theft from the vehicles and also provide a single location for inspection, searching, etc., of vehicles. 7. Towing City Vehicles: In the contracts reviewed, provisions were included for towing of city vehicles at either no charge or reduced charges. This would be a significant benefit to the city. 8. Abandoned/Junk Vehicles: Provisions could be included in the contract for towing of abandoned and junk vehicles. The benefits of a single contractor handling these vehicles would be significant to the city in that the contractor would both tow the vehicles, handle all paperwork regarding the vehicles, dispose of the vehicles, and reimburse the city a set rate for each such abandoned/junk vehicle. 9. Response Time: By utilization of a single contract service, the response time to accidents could be regulated and, accordingly, officers would not be required to wait at the scene for a second or third company to be called. Additionally, the utilization of a single contract service would enhance the required "clean-up" at the scene of accidents by holding one company responsible. Additionally, the police dispatch would only need to contact a single wrecker company to request a tow truck rather than utilizing the current "rotation list" of 105 spots. 10. Contract terms: Utilization of a contract would provide specific guarantees to the city and requirements on the towing company. Breeches of the contract could be addressed in an expedited fashion. Contract modifications, extensions, etc., could be addressed in a one-to-one basis between the contractor and the city. 11. Contract Length: A contract extending over several years would "guarantee" the contractor a continuing business allowing the contractor to secure tow trucks needed to provide the service, make needed improvements to their vehicle storage facilities, employ sufficient drivers, etc. 12. City Fees: Some of the contracts currently utilized by cities reviewed provide for fee reimbursements to the city. In some cases it is a flat contract fee, in some cas es it is a per-tow fee, a per- vehicle storage fee, or other similar type of fee structure. Accordingly, the adoption of the contract could not only provide an economic benefit to the motoring public by reduced towing fees, but a benefit to the city for administrative costs presently associated with vehicle towing operations. City of Beaumont REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS JUNE 18, 2002 1:30 P.M. CONSENT AGENDA * Approval of minutes * Confirmation of committee appointments A) Approve an agreement with the Charlton-Pollard Neighborhood Association to assist with administrative and operating expenses for the Charlton-Pollard Community Summer Program B) Approve the purchase of a truck crane for use in the Water Utilities Division C) Approve the purchase of a stationary platform truck for use in the Water Utilities Division D) Approve the purchase of a forklift for use in the Water Utilities Division E) Approve a six-month contract for the purchase of liquid chlorine F) Approve participation in the Texas Cooperative Purchasing Network G) Authorize the City Manager to execute documents necessary for the City of Beaumont to enter into a contract with the Center for Safe Communities and Schools (Southwest Texas State University)to participate in the Tobacco Pilot Project Community Law Enforcement Program H) Approve a "no objection" resolution to enable the Texas Department of Transportation to quit claim its interest in two surplus material source sites to the fee owners of the property CONSENT AGENDA JUNE 189 2002 * Committee Appointments Jaqueline Kroft would be appointed to the Convention and Tourism Advisory Committee. The term would commence June 18, 2002 and expire June 17, 2004. (Mayor Evelyn M. Lord) A) Approve an agreement with the Charlton-Pollard Neighborhood Association to assist with administrative and operating expenses for the Charlton-Pollard Community Summer Program The Weed and Seed Steering Committee approved funding for this activity on May 21, 2002 in the amount of$27,980. As per U. S. Department of Justice/Executive Office for Weed and Seed regulations, Weed and Seed allocations are made by the Weed and Seed Steering Committee. The Summer Program will be funded from the 2000 Weed and Seed Initiative. A copy of the staff memorandum is attached for your review. B) Approve the purchase of a truck crane for use in the Water Utilities Division The Administration recommends approving the purchase of a 23-ton boom truck crane from International Trucks of Houston in the amount of$155,134.53. The truck will be used by Water Utility crews to remove and place pumps and pump motors at lift stations, underpasses and both water treatment plants. The new boom truck crane will replace a 1985 Ford truck with a boom crane that will be disposed of according to the City's surplus property procedures. Funds are available in the Water Fund for this purchase. A copy of the staff memorandum is attached for your review. C) Approve the purchase of a stationary platform truck for use in the Water Utilities Division The Administration recommends approval of purchasing a stationary platform truck from International Trucks of Houston in the amount of$81,092.47. The truck will be used by Water Utilities crews for transporting water to job sites using directional boring machines. The water is used in the mixing system when drilling. The new truck will replace a 1993 GMC water truck that will be disposed of according to the City's surplus property procedures. Funds are available in the Water Fund for this purchase. A copy of the staff memorandum is attached for your review. D) Approve the purchase of a forklift for use in the Water Utilities Division The Administration recommends approval of purchasing a 6,500 lb. forklift from ToyotaLift of Houston in the amount of$26,993. The forklift will be used by the Water Production Division for unloading chemicals delivered in bags, drums and on pallets. The forklift will replace a 1985 Allis- Chalmer forklift that will be disposed of according to the City's surplus property policies. Funds are available in the Water Fund for this purchase. A copy of the staff memorandum is attached for your review. E) Approve a six-month contract for the purchase of liquid chlorine The Administration recommends approval of a six-month contract for the purchase of liquid chlorine to Altivia Corporation of Houston at the unit cost of$330.23 per ton. A one year contract for purchasing liquid chlorine from Altivia at the unit cost of$236.46 per ton was awarded by the City Council on March 19, 2002. Altivia notified the City on April 26, 2002 that due to unforeseen shortages of chlorine on the open market and subsequent significant price increases, they would be unable to continue providing the material at the awarded price. Subsequent research into the market conditions was conducted and the information was substantiated. The decision was made to terminate the annual contract and rebid for a six-month contract to allow for the current volatility in the chlorine market to stabilize. The total estimated expenditure is $36,325.30 for the six-month contract period and is available in the Water Utilities Division's operating budget. A copy of the staff memorandum is attached for your review. F) Approve participation in the Texas Cooperative Purchasing Network The Administration recommends an agreement between the City of Beaumont and the Region IV Education Service Center which sponsors the Texas Cooperative Purchasing Network. The Texas Cooperative Purchasing Network is available for use by all public and private schools, colleges, cities, counties, and other government agencies in the State of Texas. The Network offers commodity contracts to participating agencies that have been established through open competition as prescribed by the laws of the State of Texas. There are no fees associated with participation in the Network. A copy of the staff memorandum is attached for your review. G) Authorize the City Manager to execute documents necessary for the City of Beaumont to enter into a contract with the Center for Safe Communities and Schools (Southwest Texas State University) to participate in the Tobacco Pilot Project Community Law Enforcement Program The Center for Safe Communities and Schools (Southwest Texas State University) is administering funds awarded to the State of Texas for the purpose of tobacco education and prevention. The Center for Safe Communities and Schools has developed the Tobacco Pilot Project Community Law Enforcement Program and will provide a $20,000 grant to the City of Beaumont. No matching funds are required. The Administration recommends approval of this item. A copy of the staff memorandum is attached for your review. H) Approve a "no objection" resolution to enable the Texas Department of Transportation to quit claim its interest in two surplus material source sites to the fee owners of the property The fee owners of the subject property requested TxDOT to release an easement in two certain tracts of land (map attached) for use as material borrow source. TxDOT has determined that the material from these sites has been exhausted and they wish to honor the request. For TxDOT to complete their process, it will be necessary to obtain a resolution from the City of Beaumont supporting their action so they may quit claim their interest in the easement. The Administration recommends approval of the resolution. A copy of the staff memorandum is attached for your review. A City of Beaumont Council Agenda Item M c TO: City Council FROM: Stephen J. Bonczek, City Manager PREPARED BY: Janett Blunt, Interim Grants Administra MEETING DATE: June 11, 2002 AGENDA MEMO DATE: June 5, 2002 REQUESTED ACTION: Council consider a request to enter into agreement with the Charlton- Pollard Neighborhood Association ($27,980) to assist with administrative and operating expenses for the Charlton-Pollard Community Summer Program 2002. This activity is funded from the 2000 Weed and Seed Initiative. RECOMMENDATION Staffrecommends Council approve entering into agreements withthe Charlton-Pollard Neighborhood Association($27,980)to assist with administrative and operating expenses for the Charlton-Pollard Community Summer Program 2002. BACKGROUND The Weed and Seed Steering Committee approved funding for this activity on May 21,2002. As per U. S.Dept.o0ustice/Executive Office for Wed and Seed regulations,Weed and Seed allocations are made by the Weed and Seed Steering Committee. BUDGETARY IMPACT The Charlton-Pollard Community Summer Program 2002 ($27,980), will be funded from the 2000 Weed and Seed Initiative. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager, Executive Assistant to City Manager/Economic Development Director, Planning Manager, and Interim Grants Administrator. RECOMMENDED MOTION Approve/Deny a request to entering into agreement with the Charlton-Pollard Neighborhood Association($27,980)to assist with administrative and operating expenses for the Charlton-Pollard Community Summer Program 2002 Page 2 ATTACHMENT The Charlton-Pollard Weed and Seed Steering Committee hereby gives its approval for funding for the Charlton-Pollard Neighborhood Association, Inc. from the 2000 Weed and Seed Initiative in the amount of$27,980.00 (twenty-seven thousand nine hundred and eighty dollars), and requests that the City of Beaumont, as Grantee, secure a Grant Agreement with the said organization in accordance with the U. S. Department of Justice/Executive Office for Weed and Seed Special Conditions of Award. Adopted by the Charlton-Pollard Weed and Seed Steering Committee on the .Z l day of fill 1 2002. CHARLTON-POLLARD WEED AND SEED STEERING COMMITTEE: By. �n . Chairman Attest -7- SCHEDULE PROGRAH SPONSORS June 3rd-72h, 10th-10i, 24&WO Dept ofJusfice-W"Cf N Seed £ P NeohboiftodAssoclefilon SBTX Famlly Resource Center { : July 8th-l!h and tSth-181h Foster OrandParanta ate, ,v. k 1 Orven Team �� 7 ME GROUPS: 6 yrs to 17 yrs of age Old Scouts ofAmalca Boy Scouts ofAmerlcaS We City ofBmt. NWghborhood Services , FHdey T Monft- 1.00-S.."pm PL AM' Dunbar Elementary Lit �� City o�Ct••HMO Dept r �M AY ReBrsd Seniors Volunteer Ploy. yr LoanM>�ity 1.Awoyvfa S Associates GENERAL INFORMAD(ft ., c.c. MeRa► YMCA ' Tha ✓ohnson Dance Studlo *A snack wig be provided daily. Solvadon Army Boys and Girls Club #♦ U A� *A$0.00 mgk&*On fie per ChUd,Wq►eble �x 5, ,: � y at the time of FS~O& .32617 * AN programs are offered free of except for�peCia•q class Of Tap.Trie w Children will provide Moir Own tap shoes. A Special Thanks To: Beaumont Independent School Dist, a tz � �,=a y ` *A flee of$10.00 per boar wiA be cha�gid fi F Mrs. Irls Williams- Dunbar Elam. 7 ' 4.t for WW"not plNced up on tine. Students, Parents, Staff, &Volunteers *PROGRAMS OFFERED* Planned Activities and Instructors ' Dance-African dance rituals performed by students 100� DAILY (FOR ALL AGES) Awoyefa&Associates Drums-African drumming teaching rhythm and coordination ARTS AND CRAFTS Awoyefa&Associates GENERAL RECREATION Chess-Introduction/for critical thinking skills We strongly encourage all participants to take ORGANIZED SPORTS Ron Goodman advantage of the various activities offered by Area READING Basketball/ Volleyball/Baseball-Team building,Organization Churches, The Family Resource Center, and The JOURNAL WRITING Nekiva Scott and Ricky China Salvation Army Boys & Girls . Educational Board Games /Dominoes-Counting Neldva Scott WEEKLY (FOR ALL AGE Health Classes-Hygiene,STD's,Self Esteem,Decision Malang,etc. *McKinley Ave. Bapt. Church, Kenneth Coleman/Sharon Whitley-City of Bmt. Mt. Zion Bapt. Church *St.John Bapt. Church SWIM LESSON FREE OF CHARGE) Reading and Journal Writing-to enhance understanding of *Starlight Bapt. Church DRUM/DANCE "What I Read"and Reading Comprehension- INSTRUCTION IN PHOTOGRAPHY Foster GrandP&mnts,Bethany StanseB BOYS AND GIRLS "Salvation Army- (S:OOpm to 9:00pm) SCOUTING ) Spanish-Conversational,name and common household sentences Monday-Thursday HEALTH DEPT.(SELF ESTEEM CLASSES) Marla Mate SPANISH Arts&Crafts-Enhance the creative skills of participants TOBACCO GRANT PROJECT Virgie Landry/Gladys Gamblin STEPPIN'-Introduction to Fraternity&Soriority performances, and teach participants the art Nekvia Scott Tobacco Prevention-Educate Kkds about the dangers of Tobacco We,the community partners in this venture are SPECIALTY PROGRAMS and encourage them selves and others not to smoke. looking forward to working closely with you and FOR ALL AGES Connie Redeau: Girl Scouts-Introduction to programs and encourage membership your children. We are also looking forward to Girl Scout Council working with you as a "Volunteer," so we invite ART-TOGO JUNE 14TH&28TH Boy Scouts of America-Introduction to program and encourage ( ) membership you and the community to drop in and continue to MOODY GARDEN FIELD TRIP Swimming-Teach each participant to swim by a certified instructor give your support in an eventful summer. (FREE OF CHARGE) LL Melton Y.M.C.A. Photography-Teach each participant the basin of taking pictures FIELD DAY A.B Marks V1 TAP DANCE AT LAMAR UNIVERSITY Art-to-Go- Visits from the Art Mobile C-PNA SETX Art Museum Lunch Program-(11:30am-1:00pm) Brat.Ind.School Dist 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: June 18, 2002 AGENDA MEMO DATE: June 12, 2002 REQUESTED ACTION: Council approval of the award of a bid for one (1) 23 Ton Boom Truck Crane. RECOMMENDATION Administration recommends award of a bid to International Trucks of Houston for the purchase of one (1) 23 ton boom truck crane in the amount of$155,134.53. BACKGROUND Six(6)bids were received Thursday,May 30,2002 for furnishing one(1)23 ton Boom Truck Crane for the Water Utilities Division. The truck will be used by Water Utility crews to remove and place pumps and pump motors at lift stations, underpasses and both water treatment plants. The bids received are as follow: Vendor Location Price International Trucks of Houston Houston, TX $155,134.53 United Crane Houston, TX $159,365.00 Commercial Body Corporation San Antonio, TX $159,500.00 Smart's Truck & Trailer Beaumont, TX $161,818.56 Houston Freightliner Houston, TX $162,398.00 Bayou City Ford Houston, TX $167,069.00 Purchase of 23 Ton Boom Truck Crane June 12, 2002 Page 2 The low bidder, International Trucks of Houston, will furnish a 2003 model International tandem axle,diesel engine cab and chassis equipped with a Terex Model 4792 boom truck crane. The crane has a telescoping boom reach of 92 feet,a lifting capacity of 47,000 lbs. and a winch with a maximum line pull of 11,4001bs. The new boom truck crane will replace unit 5058,a 1985 Ford 3 `/z ton truck equipped with a boom crane. The replacement unit will be disposed ofaccording to the City's surplus property procedures. Delivery ofthe new unit will be in approximately 180 to 210 days. Warranty service will be provided onsite by International Trucks of Houston and United Crane. The warranty period is one (1) year. The sales tax impact formula was applied to the local vendor's bid,failing to alter the bid standings. BUDGETARY IMPACT Funds are available in the Water Fund for this purchase. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager, Central Services Director and Public Works Director. RECOMMENDED ACTION Approve/Deny the award of a bid to International Trucks of Houston in the amount of$155,134.53 for the purchase of one (1) 2003 International cab and chassis equipped with a Terex Model 4792 boom crane. c City of Beaumont �• Council Agenda Item TO: City Council FROM: Stephen J. Bonczek, City Manager PREPARED BY: Kirby Richard, Central Services Director MEETING DATE: June 18, 2002 AGENDA MEMO DATE: June 12, 2002 REQUESTED ACTION: Council approval of the award of a bid for one(1)stationary platform truck. RECOMMENDATION Administration recommends award of a bid to International Trucks of Houston for the purchase of one (1) cab and chassis equipped with a platform body in the amount of$81,092.47. BACKGROUND Three (3) bids were received on Thursday, May 30, 2002, for the purchase of one (1) 60,000 lb. Gross Vehicle Weight Requirement(GV WR),tandem axle,diesel powered cab and chassis equipped with a platform body sixteen(16) feet long. The bids received are as follow: Vendor Location Price International Trucks of Houston Houston, TX $81,092.47 Smart's Truck &Trailer Beaumont, TX $82,446.60 Houston Freightliner Houston, TX $84,728.00 The low bidder, International Trucks of Houston will furnish a 2003 model International tandem axle, diesel powered engine cab and chassis equipped with a platform body. Purchase of Stationary Platform Truck June 12, 2002 Page 2 After delivery, City crews will install a 1,560 gallon water tank on the platform. This truck will be used by Water Utility crews for transporting water to jobsites using the directional boring machine. The water is used in the mixing system when drilling. The new truck will replace unit 3239, a 1993 GMC water truck. The replacement unit will be disposed of according to the City's surplus property procedures. Delivery of the new unit will be in approximately 180 days. Warranty service will be provided onsite by International Trucks of Houston and Wheeler Truck and Body of Beaumont. The warranty period is one (1)year. The sales tax impact formula was applied to the local vendor's bid, failing to alter the bid standings. BUDGETARY IMPACT Funds are available in the Water Fund for this purchase. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager, Central Services Director and Public Works Director. RECOMMENDED ACTION Approve/Deny the award of a bid to International Trucks of Houston in the amount of$81,092.47 for the purchase of one(1)2003 International cab and chassis equipped with a platform body sixteen (16) feet long. D City of Beaumont Council Agenda Item TO: City Council FROM: Stephen J. Bonczek, City Manager PREPARED BY: Kirby Richard, Central Services Director MEETING DATE: June 18, 2002 AGENDA MEMO DATE: June 12, 2002 REQUESTED ACTION: Council approval of the award of a bid for one (1) 6,500 lb. forklift. RECOMMENDATION Administration recommends award of a bid to ToyotaLift of Houston for one (1) 6,500 lb. forklift in the amount of$26,993. BACKGROUND Five(5)companies submitted bids on Thursday, May 30, 2002,for the purchase of one(1)6,500 lb. forklift. Three(3)companies submitted alternate bids for units that did not meet the minimum 6,500 lb. weight specification. The bids received are as follow: Vendor Location Price Add Cube Equipment San Jose, CA $22,706* Southline Equipment Beaumont, TX $25,635* American Material Handling Lilburn, GA $26,112* ToyotaLift Houston, TX $26,993 Mustang Industrial Equipment Beaumont, TX $27,250 American Material Handling Lilburn, GA $28,280 Southline Equipment Beaumont, TX $34,750 *Does not meet specifications Purchase of Forklift June 12, 2002 Page 2 The apparent low bid meeting all specifications is ToyotaLift of Houston in the amount of$26,993. Delivery of the Toyota forklift will be in approximately thirty (30) days. Warranty service will be provided onsite by ToyotaLift for the standard warranty period of twelve (12) months. The forklift will be used by the Water Production Division for unloading chemicals delivered in bags, drums and on pallets. The forklift will replace unit 4252,a 1985 Allis-Chalmer forklift,which will be disposed of according to the City's surplus property policies. BUDGETARY IMPACT Funds are available in the Water Fund for this purchase. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager, Central Services Director and Public Works Director. RECOMMENDED ACTION Approve/Deny the award of a bid to ToyotaLift in the amount of$26,993 for one(1)model 7FDU32 forklift. E . ! Cat of Beaumont y •�• Council Agenda Item TO: City Council FROM: Stephen J. Bonczek, City Manager PREPARED BY: Kirby Richard, Central Services Director MEETING DATE: June 18, 2002 AGENDA MEMO DATE: May 30, 2002 REQUESTED ACTION: Council approval of a six (6) month contract for the purchase of liquid chlorine. RECOMMENDATION Administration recommends award of a six (6) month contract for the purchase of liquid chlorine to Altivia Corporation of Houston, Texas at the unit cost of$330.23 per ton. BACKGROUND A one(1)year contact for purchasing liquid chlorine was awarded by council resolution to Altivia at the unit cost of$236.46 per ton on March 19, 2002. Altivia notified the City on April 26, 2002 that, due to unforeseen shortages of chlorine on the open market and subsequent significant price increases, they would be unable to continue providing the material at the awarded price. Purchasing Division personnel contacted the next low bidder from the previous bid, DXI Industries, Inc., as to whether chlorine could be purchased at their original bid price of$239 per ton. DXI indicated that they also had been impacted by the market rise and could not provide chlorine at the price bid in March. Subsequent research into the market conditions described by both vendors was conducted and the information was substantiated. The decision was made to terminate the annual contract and rebid for a six (6) month contract to allow for the current volatility in the chlorine market to stabilize. Notification of the rebid was provided to each of the three (3) vendors previously providing bids for chlorine. The feasibility of returning to a one (1) year contract will be evaluated at the conclusion of this six (6) month period. BUDGETARY IMPACT The bids received are reflected in the following tabulation: Six(6) Month Contract for Liquid Chlorine May 30, 2002 Page 2 Vendor Estimated Quantity Amount Bid Altivia Corporation 110 tons $330.23 /ton Houston, Texas DXI Industries, Inc. 110 tons $363 /ton Houston, Texas The total estimated expenditure is $36,325.30 for the six (6) month contract period. Funds are available for this expenditure in the Water Utilities Division'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 six (6) month contract for purchasing liquid chlorine to Altivia Corporation at the unit price of$330.23 per ton. City of Beaumont Council Agenda Item 0 E TO: City Council FROM: Stephen J. Bonczek, City Manager PREPARED BY: Kirby Richard, Central Services Director MEETING DATE: June 18, 2002 AGENDA MEMO DATE: June 10, 2002 REQUESTED ACTION: Council consider participation in the Texas Cooperative Purchasing Network. RECOMMENDATION Administration recommends an agreement between the City of Beaumont and the Region IV Education Service Center which sponsors the Texas Cooperative Purchasing Network. BACKGROUND The Texas Cooperative Purchasing Network is available for use by all public and private schools, colleges, cities, counties, and other government agencies in the State of Texas. The Network offers commodity contracts to participating agencies that have been established through open competition as prescribed by the laws of the State of Texas. By participating in this Network, cities can reduce the number of bids processed as well as take advantage of volume discounts. There are no fees associated with participation in the Network. The governing body of the participating entity must approve a resolution to join the Network and must execute an Interlocal Agreement between itself and the Region IV Education Service Center which sponsors the Texas Cooperative Purchasing Network. BUDGETARY IMPACT None. PREVIOUS ACTION None. Texas Cooperative Purchasing Network June 10, 2002 Page 2 SUBSEQUENT ACTION None. RECOMMENDED BY City Manager and Central Services Director RECOMMENDED ACTION Approve/deny an agreement between the City of Beaumont and the Region IV Education Service Center which sponsors the Texas Cooperative Purchasing Network. RESOLUTION A RESOLUTION OF THE CITY COUNCIL OF THE City of Beaumont (ENTITY), Beaumont (CITY),TEXAS,APPROVING THE TERMS AND CONDITIONS OF AN INTERLOCAL AGREEMENT BETWEEN THE REGION IV EDUCATION SERVICE CENTER, WHICH SPONSORS THE TEXAS COOPERATIVE PURCHASING NETWORK,PROVIDING FOR A COOPERATIVE PURCHASING PROGRAM FOR GOODS AND SERVICES; DESIGNATING City Manager (NAME AND/OR TITLE),AS OFFICIAL REPRESENTATIVE OF THE City of Beaumont (ENTITY)RELATING TO THE PROGRAM. WHEREAS,the City Council of the City of Beaumont (Entity)has been presented a proposed Interlocal Agreement by and between the Region IV Education Service Center,which sponsors the Texas Cooperative Purchasing Network,and the City of Beaumont (Entity)and found to be acceptable and in the best interests of the City of Beaumont (Entity)and its citizens, are hereby in all things approved. WHEREAS,the City of Beaumont (Entity)of Beaumont (City),Texas, pursuant to the authority granted under Sections 791.001 to 791.029 of the Local Government Code, V.T.C.A.,as amended,desires to participate in the described purchasing program sponsored by the Region IV Education Service Center which is known as the Texas Cooperative Purchasing Network,and in the opinion that participation in this program will be highly beneficial to the taxpayers through the anticipated savings to be realized. NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE City of Beaumont (ENTITY), Beaumont Texas: Section I.The Terms and conditions of the agreement having been reviewed by the City Council of the City of Beaumont (Entity)and found to be acceptable and in the best interests of the City of Beaumont (Entity)and its citizens are hereby in all things approved. Section II.The City Manager (Title/Name)of the City of Beaumont (Entity)under the direction of the City Council of the City of Beaumont (Entity)is hereby designated to act for the City of Beaumont (Entity)in all matters relating to the Texas Cooperative Purchasing Network including the designation of specific contracts in which the City of Beaumont (Entity) desires to participate. Section III. This resolution shall become effective from and after its passage. DULY PASSED AND APPROVED THIS THE DAY OF ?0(}2 ATTEST: (Authorized Signature) (Title) (Title) G City of Beaumont IV IL Council Agenda Item TO: City Council FROM: Stephen J. Bonczek, City Manager PREPARED: Tom Scofield, Chief of Police MEETING DATE: June 18, 2002 AGENDA MEMO DATE: June 3, 2002 REQUESTED ACTION: Authorize the City Manager to execute documents necessary for the City of Beaumont to enter into a contract with the Center for Safe Communities and Schools( Southwest Texas State University)to participate in the Tobacco Not Project Community Law Enforcement Program. RECOMMENDATION: Authorize the City Manager to execute documents necessary for the City of Beaumont to enter into a contract with the Center for Safe Communities and Schools( Southwest Texas State University)to participate in the Tobacco Pilot Project Community Law Enforcement Program. BACKGROUND: The Center for Safe Communities and Schools( Southwest Texas State University)is administering funds awarded to the State of Texas for the purpose of tobacco education and prevention. The Center for Safe Communities and Schools has developed the Tobacco Pilot Project Community Law Enforcement Program. The Center for Safe Communities and Schools has invited the City of Beaumont to participate in the program. BUDGETARY IMPACT: Addition of$20,000 to the budget specifically for tobacco education and enforcement. No matching funds are required. PREVIOUS ACTION: None SUBSEQUENT ACTION None. RECOMMENDED BY City Manager and the Chief of Police. RECOMMENDED MOTION: That the City Council authorize the City Manager to execute documents necessary for the City of Beaumont to enter into a contract with the Center for Safe Communities and Schools ( Southwest Texas State University)to participate in the Tobacco Pilot Project Community Law Enforcement Program. H 117EJ---!J W^v City of Beaumont Council Agenda Item � E g TO: City Council FROM: Stephen J. Bonczek, City Manager PREPARED BY: Joris P. Colbert, City Engineer MEETING DATE: June 18, 2002 AGENDA MEMO DATE: June 12, 2002 REQUESTED ACTION: Council consider a "no objection" resolution to enable the Texas Department of Transportation to quit claim its interest in two surplus material source sites to the fee owners of the property. RECOMMENDATION Administration recommends acceptance of no objection. BACKGROUND The fee owners of the subject property requested the Texas Department of Transportation release an easement in two certain tracts of land (map attached) for use as material borrow source. The Texas Department of Transportation has determined that the material from these sites has been exhausted and wish to honor the request. For the Texas Department of Transportation to complete their process it will be necessary to obtain a resolution (attached) from The City of Beaumont supporting their action so they may quit claim their interest in the easement. BUDGETARY IMPACT None. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager, Public Works Director and City Engineer. RECOMMENDED MOTION Approve a"no objection"resolution to enable the Texas Department of Transportation to quit claim its interest in two surplus material source sites to the fee owners of the property. bar-Pits/jld SUBJECT x e ��PALMETTO DR. YUCCA DR. LACI Ul E RI BIRCH Al BAR PITS FIRE HORN P e9 MATERIALS EASEMENT a PIND = Z OUT OF a INDEMERE '-y, v d CLAY Z 10 RO W.B DYCHES SURVEY tid ABSTRACT 17 IE 3 I E 3 [3-6-4 S� J W J 3 z he lz J WE HAV LEGEND SUBJECT PROPERTY L❑CATI❑N MAP N.T.S. �* a s. ' e.fa no°a r J '77 f4 HVY.105 3.67x400' 3.673 AC. 'x A N.T,S. RESOLUTION SUPPORTING THE ACTION OF THE TEXAS DEPARTMENT OF TRANSPORTATION TO QUIT CLAIM TO THE FEE OWNERS THAT CERTAIN EASEMENT INTEREST CONVEYED IN INSTRUMENT DATED THE 26TH OF JANUARY, 1938, AND FILED IN VOLUME 444 PAGE 565, JEFFERSON COUNTY DEED RECORDS. WHEREAS, the State of Texas was granted an easement in two (2) certain tracts of land from the Standard Oil and Gas Company for use as material borrow source, City of Beaumont, Jefferson County,Texas; and, WHEREAS, said easement was acquired to facilitate the reconstruction of S. H. 105 in Jefferson County,Texas; and, WHEREAS, it has been determined that the borrow material has been exhausted from the sites described in the easement, and; WHEREAS, said easement is no longer needed for public use by the citizens for road or public transportation purposes and is surplus; and; WHEREAS, the State of Texas proposes to dispose of said easement interest subject to the approval of the governing body of the City of Beaumont. NOW,THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT THAT the easement described in Exhibit "A" attached hereto and made a part hereof for all purposes, is no longer needed for road or public transportation purposes and the City Council of the City of Beaumont concurs with the proposed disposal by the State of Texas; and, BE IT FURTHER RESOLVED that this resolution shall take effect immediately from its passage; and, BE IT FURTHER RESOLVED that the Secretary of the City of Beaumont be authorized and directed to furnish two (2) certified copies of this resolution to Mr. Walter 0. Crook, P. E., District Engineer, Texas Department of Transportation, 8350 Eastex Freeway, Beaumont, Texas 77708. PASSED BY THE CITY COUNCIL of the City of Beaumont this the day of , 2002. NN1A�'OR